The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-06-06
A1Uy TO Iu"~'
Honorable Board of Finance, Jersey City

filed:
May 10, 1899.
Honorable Board of Finance, Jersey City.
N. j.:
SIRs-I have been requested to advise
you AS to the validity of The contracts just
entered into by the Board of Street and
Water Commissioners for lighting the
public streets for Il term Of five 81 years.
and especially in the following particu-
lars:-
The power of concurrence of your Board
under Section twenty-five (22) Of Chapter
one hundred and thlrty-four Q34) of the
Laws Of eighteen hundred and nlueGy-one.
The duty of your Board to make appro-
priatious to meet the requirements of
such contracts. ,
The facts that the bonds for the fulfill
ment of the contracts were not approved
by you, | answer these questions in the
order in which you asked them.
First-As to the power of concurrence.
In order to understand this question
thoroughly 1t will be necessary to review
the history of the power OF lighting the
public streets since the passage of the
City Charter in Eighteen hundred and
seventy-one. Under paragraph three (3)
of Section thirty-niue(39) Of the Charter OF
Eighteen hundred nnd seventy-one Up.
Laws 1871 p. LIB the power OF lighting
the streets and public places was vested
in the Board OF Public Works created by
that act. The duty of lighting streets and
public places was transferred by Section
fifteen (15l of the supplement- of March
81, 1874, of the old Charter (p. Laws 1874
pages 500 to the Board of Police Commits
sioners III the following lunguage:-"And
be it enacted that the coCnlzance and
control of the lighting Of streets and pub
lie places is hereby transferred from the
Board of Public Works to the Board OF
Police Commissioners OF said city. to-
gether with the custody of all papers and
documents relating thereto. and all prop
erty now in use therefor" BY the same
act, in Section nine (9), the power of con-
| currence in the action OF the Board of
| Public Works was given to the Board of
Finance and Taxation, but no such power
of concurrence was given over the con
tracts for public lighting transferred to
the Police Commissioners.
From 1874 until 1891 the power of max
ing yearly contracts for lighting the pub
lie streets of Jersey City was vested in
the action of that Board was not subject
to the concurrence OF the Board OF
| Finance and Taxation of the old Charter.
or of the Board of Fiuauce created
under the new Charter of 1889. Section
TWENTY-FIVE (22). Chapter one hundred
anu tulTby-IOuI \lOtI "a INC laws
| of 1891, to which you refer in your ques-
| tions provides "And be it enacted that
whenever there shall now or hereafter
| exist III any city OF the first class any lin
itation on the powers transferred by this
act to said Board of Street and Water
Commissioners. by requiring IL concur
renee of any separate Board or Municipal
officer other than said Board of Common
Council, Board of Aldermen, Board OF
Street and Water Commissioners OF
Street Commissioners that this act shall
not be construed as dispensing with such
concurrence, but no concurrence of any
Board of Common Council, Board of AL
dermen, Board of Street and Water Com
missioners, or Street Commissioners shall
be necessary in any case under this act III
reference to any OF the powers of said
Boards which are ander this act trans
! ferred to said Board of Street and Water
Commissioners, provided that said Board
Of Street and Water Commissioned
shall not enter into any contract or agree
ment for a new or other supply OF water