The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-03
SENSATIONAL VETO.
Mayor Wanser Scores the
Members of the Finance
Board.
APROPOS THE LAW OFFICERS
Decency Required Some Action
Other Than That Taken-An
Agreement Recalled.


night when the Finance Commissioners ar
rived at that part of their session which per-
mitted the taking up of Mayor Wansers
veto of the appointment of William Brinker.
hoff as Corporation Counsel and James En-
win as Corporation Attorney. The veto
message had not, to all appearances, been
opened since delivered into Clerk Finck's
hands by Secretary Neyin on the 18th day
of January The document was lengthy
one and Clerk Finck was permitted to sit
down while reading it. After dealing with
the law points surrounding the manner OF
making appointments alI of which, by the
way. were iotted down by James Erwin,
who was present., the Mayor tackled the
members without gloves. w hen CLERK F1nck
read a paragraph which said that the
method of procedure was unworthy OF a
leading board of the city, Mr.. Simpson
coughed, Mr. Bedell puffed vigorously on a
fragrant Havana cigar and President
Hitler removed his eye glasses and
gave them severe rubbing. This broad
side caused the members to boil within, and
when the Mayor referred to the decency OF
treatment which was due every officer OF the
city the three gentlemen moved uneaslly IN
their seats.
1t looked as though more than one of the
gentlemen was regretting the 'drugglng
seance' they had all been parties to. The
President Hitler and Alva A. Bedell in plain
words, 'sGentlemen, override my veto and
will kick YOU out in the spring
The veto is an exceedingly interesting
document 1t was laid over as provided
under the rules governing the Board until
February 16, when action will be taken
upon it. This is the full text.
THE VETO.
Jan. IL, 1894.
Hon. Board of Finance:
SIRs;-I herewith return without my ap-
proval the two resolutions passed by your
board on December 81, 1898, one appointing
William Brinkerhoff as Corporation Counsel
of this city and the other appointing James
S. Erwin as Corporation Attorney. Those
resolutions were forwarded to me by your
clerk upon my peremptory written demand
for them, which made In pursuance to my
right to consider all matters and acts of your
board, as provided in section ~ OF the New
Charter of 1889.
Under the provisions of the New Charter of
1899 the appointment of the law officers OF
the city, as well as the members of your
board, was vested in the Mayor absolutely
without confirmation; by Chapter 12l of the
Laws of 1898 page 224 partisan Legisla-
ture over the veto of the Governor, at
tempted to vest the appointment by Section
/, of the law officers of the city in your
board under certain restrictions and to re-
quire by section 2 the confirmation OF other
officers Including the members of your
board by two-thirds vote of
the then Board of Finance. In April last,
upon the expiration of the terms of Messrs.
Edelstein and Peterson, those members OF
the Board of Finance, 4 decided, after con-
sultation with and advice from counsel well
yersed in municipal and constitutional ques-
tions. to ignore the provisions of that act OF
1893 and appointed as members of your
board Messrs Fraser and Detwiller. These
appointees were admitted to the board
their predecessors instituted suits in the SUI
prerne Court to contest the validity of their
several appointments, but no decision has as
vet been reached. Pending that de-
cision, you have taken the illogical
course of treating the act OF 1898 as
valid SO far as appointment by you is con
cerned but void as to your own appoint
ments The objections which have been
raised to the second section of that act con-
cerning the confirmation of certain officers
by the Board of Finance, apply with greater
force to the provisions of the first section
concerning the election of the law officers;
the section is special legislation because it re-
ouires a law officer in Jersey City and New
ark to be elected by two-thirds vote of a
board, while in the balance of the State he
may be elected by IA majority vote; there is
moreover. great difference between the
Common Council of the City of Newark
with its elected membership and the ap-
pointed Board of Finance of Jersey City,
which must stand under the present law
composed of three members of the political
party and two of the other. The mere
statement of the latter fact shows that it
was intended to prevent q change of the
present incumbents except by deal and
dicker.
Until the Supreme Court shall have
settled the question, / have not deemed it
wise to disturb the terms of either of the
financial officers, the compti oller or trea-
surer or of the two law officers.
MR.. EDWARDS OFFER.
Again consider the method of the ap-
pointment as unworthy of the leading board
of an important city, a board which should
be above petty intrigue and unannounced
changes. When elected Mayor of this city,
found William D. Edwards as Corpora
tion Counsel, with one year Of his second
term still to be served. among the Demo-
cratic officers he was the only one who Of
fered to resign and permit I1le. to appoint his
successor; since the expiratioHpf his term in
April last he has always expls$sed his will
ingness to berelieved Of his dAties as city
officer. During his teE# of office
the law business OF the city
in all its Departments has constant
" been increasing until it has
absorbed the greater part OF his time
have found him an energetic, resourceful
and untiring officer; his wide acquaintance
with the various departments OF une CITY
government down to the smallest details,
hasbeen of inval liable service to me and to
your board on many occasions. The winning
by the city, under his guidance, OF the South
Cove case, as well as many other railroad
cases, is sufficient answer to the innuendos
coming from certainEmembers of your board
as reported in the public press, the railroad
officials are his most constant critics.
Mr. Edwards term expired in April, 1898;
since that time he has held over without ap-
pointlnent, and without desire for appoint
inent, and even with the knowledge of whom
I desired to appoint as his successor, which
knowledge was likewise familiar to your
board Under these peculiar circumstances
Mr., Edwards has continued i'll the discharge
of the important duties of his Office, without
abatement, but expecting his release at any
time. upon reasonable notice, in order to
enable him to close up the nore pressing
affairs of the office. 1t is to me pleasure
that at the meeting of your board, at which
the resolutions in question were passed,
: when asked by one of your members re-
parding the unfinished business in his hands,
6e was able to SO reply that your action
toward him seems the more unjustifable.
This is the more gratifying to me, because it
has been my rule to permit no city officer to
be neglectful of the work of the
ritv. where the same comes under
nv direct observation. These facts
enable me to state that if Mr.. Ed
wards permitted himself to occupy the posi-
hon he has for the past nine months simply
because the proper time had not come for
he appointment of his successor, then he
lad right to expect as decent treatment