The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-06-06

Curreu IN by Inc Board having cHarpe
and control of the finances of such city,
and been approved by the Mayor
thereof" This provision was passed for
the purpose of retaining all powers OF
concurrence which your Board had on
any of the powers transferred to the
Board of Street aud Water Commission
ers, but. as l have shown, you had no
power of concurrence in the contracts
tor the lighting OF the public streets.
and this Section (22) gives you no ad-
ditional powers. l therefore advise that
your concurrence in the gas contracts
uDder consideration was not requisite to
their validity. But Section eleven 1D OF
Chapter 1871 Of the laws of 1891, goes still
further; 1t gives to the Board of Street
and Water Commissioners 1.-THE entire
control and full authority to provide for
pubic lighting" aud by these terms that
Board is invested with the exclusive
power and charged with the duty of
making such contract or contracts or
other arrangements for lighting the street
avenues, lanes, alleys and other public
place IS in such CITY and for such term or
terms not exceeding five (5) years as in
the Judgment of such Board shall be
deemed for the best interest of the city
BY this act the Legislature vested
this whole matter in the Board
of Street and Water Commits
%sioners, subject only to the approval of
the Mayor. The contracts in question
were approved by the Mayor OF Che city
at the time of their execution.
Second-As to the duty of your Board
to make appropriations to meet the re-
quirements of such contract. This is also
provided for in Section eleven 0D of
Chapter one hundred and thirty-four (l34)
of the laws of Eighteen hundred and
ninety-one (1S9D, where 1t Is enacted,
land the board OF authority in any such
! citV having the nOVYnr and charged with
the duty of making and adopting the an
tau levy or tax ordinance of such
city shall appropriate the amount
necessary each year to pay the cost of
such lighting or the fultllment of any
such contract or contracts"
This enactment makes the appropria-
ton mandatory upon your Board. The
Legislature has the right by general laws
to compel such appropriation. 1t has
been done IN many cases, MS, for instance,
the appropriation for the Free Public
Library, for State School purposes, for
various salaries, etc etc. Indeed. as you
well know, there is comparatively little
discretion vested in you honorable body
as to the make up of the greater portion
of the annual TAX levy. l deem this state
of affairs deplorable. but it is the law"
Third-As to the approval of the bonds.
Under the new charter of eighteen huu
dred and eighty-nine t1SS9), Section thir-
teen t13), it was ~proyided:-
That whenever in any city the Board of
Street II Water Commissioners provid-
ed for III this act shall make any contracts
for opening, grading. improving. paving
or repaving any street OF the construction
or repair OF any sewer, for the faithful
execution of which the contractor shall
give bonds, said bonds shall first be APP
proved as to sufficiency by the Board Of
Finance provided in this act. and no on
tract shall be binding upon the city or be-
come effective or operative until. said
bonds are so approved by said Board,
no such contractor shall any
such work or incur any expense whatever
to be paid by the city or by assessment
upon property rs the case may be. until
the Board of Finance aforesaid has APP
proved of the bonds proposed to be given
as aforesaid; the President of said Board
of Finance shall have power to examine
the proposed bondsmen under oath, If he
| shall so desire or shall be so INSTRUCTED
by the Board; but the Board shall not be
bound by any statement that may be
made by any such proposed bondsmen,
but shall have absolute discretion in the
whole matter; this provision shall be re-
ferred to in any ADVERTISEMENT inviting
bids for any such public work."
This as you will see refers only to street
and sewer contracts and not to a contract
for lighting, but even this power of the
| approya of bonds is vested in the Board
of Street and Water Commissioner under
| Section seven (O Of Chapter one hundred
| and thirty-four $50 of the Laws of eigh-
teen hundred and ninety-one QS91. These
are the specific matters to which you have
directed my attention. Other matters
have been questioned in conference Win
the members Of your Board and to them
/ wish also to allude.
The contracts were not entered into I'M
til April. eighteen hundred and ninety
two Qs92), but they purport to cover the
cost of such lighting from the beginning
of the fiscal year of eighteen hundred and
niDety-one Qe9D Geing to that extent
retroactive. think nc stress can be laid
upon this point, however, because the
prices named in the present contracts are
considerably less than those provided for
in the contracts for the previous year.
which the Courts would construe to be in
force until new contracts were made or
the lighting discontinued hereunder by
order OF the city. So the city would gain
rather than lose by having the contracts
retroactive.
AS to one of the contracts or electric
lighting complaint has been made That
City Electric Light Company was rejected
on the grounds of informally.
l hnd, however. on investigation. that
even IL the bid had been accepted, the
amount bid was higher tina that of the
company to which the contract was
dHutucd, . y no SuUSJunllHl Injury WAS
wrought to the city ny such rejection.
lind upon the whole that under the
law these contracts are valid. l so con-
sidered them when presented to me for
approval. AT the request of your Honor
able Body. | have re-eXamined the whole
question with the same result. do not
mean. however. by this opinion to concur
in the policy of the Board of Street aud
Water Commissioners in awarding such
a contract for such Il loug term. think
their action was unwise, but l tiud it is
within the law. But ii your Honorable
Body deem it wise and for the best inter
ests or the people to have the question re-
viewed by the Courts, you have ample
power in such case under Section 32 OF
the Charter of 1871 to employ additional
counsel by resolution in case YOU desire
to lest the power of concurrence Of your
Board in these contracts. Personally |
should like to have the who'll question OF
your c%oncurring power settled by the
Courts,
Respectfully submitted,
W. ID. EDWARDS,
Corporation Counsel.
REPORTS OF STANDING COMMITTEES.
The Finance Committee reported the
official bonds of Godfrey G.. Dillaway as
constable and recommended that it be