The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-06-02
BOARD OF STREET AND WATER CONF
Si0NERS,
[oFFICIAL PRoCEEDINGS.i
Continued.

COntInILe0.
Received aud ordered filed.
From the Board Of Police Commission
ers:
Requesting permission to erect a re-
viewing stand.
Received and referred TO the Commit
tee on Streets. Sewers and Lighting with
power.
REPORTS OF THE CHIEF ENGINEER.
The Chief Engineer reported certificates
in tavor of:
Denis Byrnes. $500, on account of con-
tract No. 562.
Michael Curley. s137. 20. retained per.
centage on contract No 627.
Henry Byrne, 81. 665.70. on account Of
contract No. 634,
Received and referred to the Commit
tee on Streets, Sewers and Lighting.
PRESENTATION OF CLAIMS
The following claims were presented:
james Tunuliv, $l20; n. J.. Stats
Zsitunr. 1854. 20, $751; 50. S47.45, $4o.3 80, $500;
Evening Journal Association. SAC. Is,
Estler, Sllo.79: National Meier Co., 1889;
Mrs. d. Wegmau, SI25; E.. j. Woodco,k k,
So 80; j.. c. Supply Co., 1896, S456. 66.
SIS. IA; James Palmer, Agent, SIS. $3.50,
$l2. 80; James Mcdonald. s93 rs. $50 rs.
$54 80. $3.50, p. Il. Martin, $l61. SIG, $S5:
Hugo Mootz, S2S. 80; Michael Farley,
$3.50.
Also on payrolls Water Registrar. etc,
So. 06S. 81: laborers on meters. S613. 33; re-
assessors. 5000; all May, 1892.
Received and referred to their appro-
pirate committees.
REPORTS OF STANDING COMMITTEES.
The Committee on Streets, Sewers and
LiuhGtpg reported on certificates of the
Chief Engineer In favor of Denis Byrnes
$500 on account of contract No. 562.
Mich. Curley $l37 40. retained percent
age on contract No. 627
Henry Bvrne Sls65. 70, on account of
contract No. 634 and on claims of f. j.
Woodcock. IS; John Drain, S3l2; J. c.
Herald, s33, Sl2.75, 50, $3.50; j. N. Davis.
$l20; James Hunt. 500; Jas. Tumulty,
$l20; Daniel Smith, SIS AS correct.
SIX () petitions for signs, etc. favorable.
The report was accepted.
The same committee also presented the
following:
JERSEY CITY, May 90, 1892.
The Honorable the Board Of Street n
Water Commissioners.
GENTLEMEN:-Your Committee on
Streets, Sewers and Lighting, to whom
was referred the objection of His Honor
the Mayor to a certain pay roll of labor
ers on unpaved streets for the month of
April, 1892, amounting in the aggregate
to 1854, would respectfully report as fol-
lows:
The sole objection returned is based on
Un6 idCU UliaG tU6So ldUOTtTS WcEo uOb APP
pointed 10y resolution Of the Board. and it
must be admitted hat rhey were not so
appointed. Your COMMITTEES finds, how
ever, that beginning almost from the
date Of the incorporation OF Jersey City
it has been the custom to SO appoint en-
ployes to the minor positions. 1t was SO
done by the Board of Aldermen when the
power of employment was vested in that
body. The custom was continued by the
original Board of Public Works, was so
handed down through their various sue
| cessOrS aud has in a measure been con-
tinued by the present Board. We find
that at various times a possible improve
ment on this system has suggested itself
| to some of the members of new incoming
Boards and efforts were made to have ap-
poiutments of every nature fixed by reso-
luton.
Rules setting forth that all appoint
ment5 to office should be by ballot or res
olution were often adopted and we be-
lieve that such a rule has been adopted
by this Board. 1t is difficult. however,
to decide where the line shall be drawn
between an app ointment to office, and an
engagement to perform certain duties.
The duration of certain employmentS is
limited. end it has been the custom to an
point by committee for limited employ
ment only.
Rules are made to govern the majority
of cases, but there are exceptions 10 all
rules; was this not allowable and should
we be held to a strict enforcement in ali
cases? Let us submit the following as a
fair example of what might be expected.
Resolved, That by aud with the con-
currence of the Board of Finance, Jane
Doe and Mary Ann Roe, be and are here
by appointed for a term of three days to
scrub out the Office at Pipe Yard. at IL sal
ary of 81. so per day each. Then after the
Board of Finance had gravely examined
into the matter and found that the APP
pointees were physically capable of per-
forming the service, and that the salary
was not excessive they would concur,
subject to the approval of the Mayor, and
when he approved. and not until he did
could Jane and Mary Ann sally forth as
full fledged signed sealed and stamped
corporate employees to labor for their $3.50
per diem.
This may sound ridiculous. but it is
just such n case as might actually occur.
1t may be claimed that sworn bills could
be submitted in these cases. So they
could, but contemplating Il strict enforce
ment of the rule a resolution must also
be passed, for do not the inspectors on
improvements present sworn bills for SER
vice rendered, and is 1t not held that their
employment must be further supple
mented by a resolution of appointment.
1t is quite reasonable to conclude that
committee should he vested with certain
discretionary powers, but who can with
any degree of nicely draw the line where
the discretion OF a committee should meet
with a subsequent ratification, or when
objection to It's action would be justified?
When a rule Is sometimes abrogated as
it is shown that ours has been, continued
abrogations beget n greater laxity, con
seQuently appointments are occasionally
made by committee, when it would seem
better tina the Board should nave taken
the Initiative.
Your committee well knows that all
appointments made by q committee fol-
temporary employment must be ratified
by the Board. THIS ratification was made
when the wage OF these men was ordered
paid. Without such resolution they
could not recover for their services. This
rule has been sustained by Judges Doug
lass aud Dayton in the District Courts.
where suits have been frequently brought
TO recover wages for such temporary EN-.
Payments. In the case cited by His
Honor the Mayor, Lewis VS.. Jersey CITY
the Supreme Court clearly drew the dis
tinction between an Office land a tempo
rarv employment;" they held that John
MCLAUGHLIN who had been put to work.
by "a committee held no '~'office," but his
wages having been ordered paid by the
full Board that this WAS a ratification OF
his temporary employment. In that case
it was not n question of salary or Of aD.
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