The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-21

BOARD OF FREEEHOLDERs.
OFFICIAL PROCEEDINGS.
Continued.
Freebooter Ellis moved the reports be received
and the action OF the county collector concurred
| City, March 1894 To the honorable the Director at
Large and members of the BOARD of Chosen Free
would most respectfully inform your honorable
body that the following list of goods has been reg.
not Yet been furnished Ordered from the miscei-
chairs per requisition of Warden Grimes ordered
from the dry goods contractor for the Insane As
yards Vide 6 B muslin IS inches: 5S yards w vide
Kentpcky, icons and 500 ticking; 200 pairs silver
house: Loo yards Kentuck jeans; 1000 yards 4sinch
s mesilh \ 3 sa iSH gaFdS s J y Msnnin mii s,orek " Be- Re-
mi adFe zen cierk d di.eefd m9 ~ ~ tE9t Tsspoft 6s received
furnish said goods Immediately if not the Commit
tee on storenouse TO be directed to purchase same
ZION being taken on the motion on yeas and nays.
there voted as fol1ows1,,Yeas all the members, OF
The director at large declared the motion adjourned
plies for the Penitentary was received a1e on u mo.
ton Of Freebooter Ellis referred TO the committee
MON county Superintendent. To the Hon the Direc-
tor at large. entlemen-Enclosed you Will find
Rock Co for use Of metered wafer at Snake Hill.
RespeetfTTii ,y James am 5, Cannon ssan R coHiGty ss4p,t; ,.n,a.p
Cannon; r sIPeF rim Na@ 5sS sSss:' 4rs being ZEE s% %OmG, re,
county collector. Freebooter Heller moved the re-
R RGF5 cd rf FROM john 6na A p aeerath IN counsel sns mi Jersey
City, Feb "a. 1894. To the honorable board of chosen
mittee on finance and audit thereof. Gentlemen,
The clerk of your board has informed me that you
claims which have been pending for some time be.
have a y arisen out Of + eieetioe contests had some SiHst tims
ago regarding title to seats In your board, etc, and
ADVISED Of any particular advice solicited Beyond
what I have given you orally on one or two occa-
1 ton N N FaEnap IN fhRCa altar q
therefore reiterate here the views orally expressed
Before proceeding to deal more in detail with
these claims it may not be smiss foF me to quote
holders OF the county or Hudson said in an opinion
given by him several years ago tsee minutes lSSS'Si,
tice Of this board in dealing with claims Of the
character of those now in question The advice
counsel gave in the cases mentioned in his opinion
was in language as fo14ows-
been to pay the reasonable expenses of a member in
defending his title TO his sest In the case Of Roach
Horn vs. Wickham, in Stuhr vs. Curran and also as
well in the case arising out of the election of April
G Ter COZ Comes thim ynv With the e grant nj Of power con-
tanned in the fourth section Of the act incorporating
the Board of Chosen Freeho1ders III the respective
counties of this state. I think 1T also comes within
tho principle nedpded laid down o v lin in R the case Sc Of r STATE; Lewis Tyea
holders OF the county of Hudson SVrooIn, PIP. 254."
1t Is perhaps needless to remark that that opinion
was rendered by the eminent jurist VINO now pre-
sides over tine Circuit Courts of this county.
fore ref Is, a / think, 10 be 5ei res SPiaiin as 3u Safe Su authority ityi to
follow concerning the power as well az the practice
like those in hand. Many other preeedents might be
latter election contest claims passed upon by this
same counsel are the cases OF Lynch and Egan, in
file among your records, and to which, for further
desirablein you are respectfully referred.
four Years. ever since a Board Of Freeholders was
first Instituted in this county. claims like those in
ment. and in nearly every Instance, some order as 10
payment thereof has been made. If, therefore,
1 nrera1ent IL t0 he regarded as establishing the course
which you are aushoriZed TO pursue in dispoSing OF
t the ree c1aIi3s Of Pen the Boar Board Of Chosen sgifFS reeihoIders Of
this county an abundance OF that element to refer
Mere precedent. however, no matter how long
continued, is not invariaby to be relied on, for fire.
subject, the principal on which the precedent was
S %t + u f2Ssdf Fds nas p SsVe fQ foPfo 70 pc e Eaeh case
has its own peculiar features, and must speaking
generally, be Investigated without much more than
a general regard for the precedent after which 1t is
sought to be determined. To come TO the peculiar
me herein, which l believe are the claims OF tive or
three gentlemen who have occupied OF are now oc-
| cnutn9 seats as members of your board, MessrS.
Hanna, Swart1 and Nooiien. to reimburse them as Is
w wsIeb t tbcy ~ Me- egsS forced to enr "a 'I r"Istive 20 such
seats, 1 have simply this further TO say that mas
to cover expenses incurred either N defending title
to seat in the Board, or i'll a successful mort to Sc
authoritative opinion and (egtd provision above
quoted, and within the exercise o. the aiseretlon
determine to pay SUCH claims or So mach thereof as
after due consideration or all LEe 1dclS connected
herewith you shall deem 10 be a fair and reason
able allowance to he made in each case
To the question a. to how this determination Is
to be arrived at. l reply that the same is to be de
termined by the like COR similar methods to those
OF the amount you snaLl pay in other eases of ordin-
To illustrate briefly, you must inquire into ana
Investigate the time alleged 20 be consumed and tins
WORK Involved in eacn particular claim, inc!uding
ali itelns OF expense OF an incidental nature which
may be CHARGED in the claim:
The allowance to be made in each Instance must.
as stated in tae opinio / above quoted, be a reason
abIc allowance, and one that shall appear to be lust
in view of all the circumstances attending the saine.
You are not TO allow payment to be regulated IN
any case by the size of OF number OF the claims pre-
sented therein, but your deterlnination must De
based solely on that standard of payment which
the claim fer such reasonable costs and expenses as
shall have been absolutely necessary for the
trolersy. and which the claimant sheS have been
called upon to pay out because OF such SontfoyersA.
tanning fees or what are known as todnsel fees or
what are known as counsel fees. for advice and the
like in such cases: all such are to be excluded from
your consideration.
Claims founded on unsuccessful efforts legal or
otherwise 10 secure a seat In Noar board are in my
opinion not to be fayorabiy entertained by you.
which | laoor under at present Of which you are
s~ase arorded YOU in the advice above set forth such
views and rules as shall lead you to a proper de-
ion thereon The determination reached regarding
such claim no matter what 1t may be is pretty cer-
though the result arrived at may be eminently fair
and proper under the circumstances; and this con,
L NhIII IA1 II wi hAN@ ~ H1@ NeSk
tribunal established for the determination of all
such claims by the usual Judicial investigation to
which claims may ordinarily be subjected Under
the law as it now stands unfortunately recourse
cannot qe had to any such method for the only
chance such claims have for liquidation at the pub
lie expense is by the action of your board relative
thereto II l were called upon to suggest an appro-
pirate remedy in such matters l should favor a law
recurring the court which shall have passed upon
and settled the controversy in which such claims
arose to indicate what II any of such claims should
be betrayed at the public expense Respectfully sub.
mitted John a McGrath. 4.
Freeholder Ellis moved the report be received and
| printed in the minutes. Adopted. From John A
McGrath counsel-Fot the Hon the Director at large
and members of the board of chosen freeho1ders of
the county of hudson: GentleuIen, l beg to submit
to you the accompanying decision sendered last
Friday in the Supreme Court in a matter Affecting
the interest," of the county. The questions invTlved
4 are made plain in the opinion by Justice Reed re-
ferred to. John A McGrath counsel. The same was
ordered flied: From John A McGrath counsel. re-
porting on form of contract on Belleville free bridge
between Hudson and Essex counties was approved
and ordered filed. From Edlow " Harrison chief
engineer reporting that the contract for grading.
regulating. etc, the new public road from Kin Won
Kuli, etc. and that the contractors were entitled to
balance due them. Freebooter Ellis moved the re-
ports be received and ordered filed, Adopted.
To be Continual.