The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-24
GAS CONTRACTS VOID
Full Text of the Decision of
the Court of Errors
and Appeals,
VICTORY FOR THE FINANCE BOARD
Boards Must Advertise for Pro-
posals Where Amount In
yolved Is Over $500.
VICTORY FOR THE FINANCE BOARD

Lie Case OIL lIle lOLS-leFIn gas coulidClo
to the effect that the contracts We're il
legal The Chancellor also announced
that the opinion was not completed but
would be filed at the close of the term.
That has been done and this is the full
Tfle Board of Street and Water Com
nlsssioners of the City of Jersey City are
requfred 10 advertise Tor proposals for
/. contracts for street lighting, where the
expenditure is TO exceed 500, stating
approximately, at least. the amount or
extent CT the lighting, TO, be done under
the contract contemplated.
The second section of the act of May
/. 1894 G. l.. 400. does not validate con-
tracts made in disregard Of the require
mentS OF such advertisement.
Mayor and Aldermen OF Jersey City,
the Jersey CITY Gas Light Company,
the Consumers Gas Company, the Peo-
pies Gas Light Company and others.
+ On error to the Supreme Court.
Mr.. Charles L. Corbin, for the Board
Mr.. Flavel acGee for the Gas Light
Mr.. w. d. Edwards for the Mayor and
Aldermen of Jersey City.
The Chancellor.
i've Judgments Of the Supreme Court
touching the legality of five separate con-
Jersey e City-one Contract for electric
lighting, another for lighting by oil and
the other three for lighting. by gas. The
by the Supreme Court, but the three gas
lighting contracts were set aside because
they extended for longer period than
five years, which was the maximum term
limited by law. for such contract.
We concur in the conclusions Of the
Supreme up Court upon which en- the sid fnree gas
That court did not express an opinion
upon the question OF the regularity Of
BY the 159tn Section of the ''Act to re-
organize the local government N To-. ct Jersey
1s7i,, ,. 1850, it is provided that no con-
tract for work or ma terials, requiring an
expenditure OF more tnan $5oo, shall al, af,e ne
OF the city government. except after due
advertisement for six days, al least, in
OF f-. a suopiefnent to that act, approved
March "a 1873 (P. L. 1873, p. 40D, it is
provided that all advertisement for pro-
terials Shall contain an approximate. eSt1-
mate of the amount of the various KINDS
Of work or materials reduired. By the
for f, eli CITIES of the first class Boards Of
4fines their powers and duties, the pro-
above referred to. became applicable to
sisnaro shg aoaoa oa Jerssy e ssgees cty ya assf
I'VE W. fIsink that by force of this iegis-
lation the Board. Of StreeI ana water
quired to advertise for proposals for con-
tracts for the street lighting in ques-
ton, and approximately. at least: state
which each proposed contract would re-
ouire. That board did advertise for pro-
posals for lighting and did indicate the
several sections of the city to be l1ghted
by the several contracts but failed to
state approximately or otherwise, either
the number of lamps to pc Hghted or
u = III hN Yarn
posed contracts were TO continue. Ihe
advertisement referred to specifications
on file in the office of the Clerk Of that
board. but those specifications dld not
intimate how long the contracts were TO
run, nor, except in the case OF the con-
tract for lighting. with, oil, how many
by going through the districts indicated
in the advertisements it was possible
for bidder to estimate the number OF
lamps, but that it was not within the
meaning Of the law that such deter
rent task should be imposed is conspi-
cuous. The express requirements OF the
in the advertisement. But be this as it
may. as the length of the term to be
delivered by the proposed contracts was
not stated, the value of the contracts
remained undisclosed and incapable of
being ascertained. 1t is apparent that
the tendency of the announcement OF
duce competition, because of the encour-
agement such contracts would offer capi-
tai to embark in the enterprise they
would present We think that the ad-
vertisements were not in compliance with
the requremeats of the statute, and that
the defect in the proceedings in. this
The attention of the Court has been d.
rected to the act of the Legislature, ap-
proved May l, 1894, entitled An Act reia-
tive. to the lighting OF streets, roads f and
public places in this State" P.. Z. 170),
the second section of which provides that
any contract heretofore entered into by
mi Ctr
roads or public places thereof, for any
period, not exceeding ten years. shall
be as valid and effectual as II the same
had been entered into and made pursuant
to legislative authority for such term.
and it is insisted that thereby the con
tracts in question have been legalized.
not. by its terms. validate any Of the
contracts against the objection that the
proposals for them were not advertised in
accordance with the requirements of
law 1t is noted, in the language of the
statute that the only defect contemplat-
ed and waived is in the length of the
that where a contract has been entered
into for less than ten years. it is to be
as valid and effectual as il it had been
entered into. pursuant to legislative au-
thority for its term.
AS has been seen. the law authorized
the contracts only after due advertise
ment for PROPOSALS for the them; without
suant to legislative authority for any
term. That serious Noncompliance with
the law has not been waived
Taking this view Of the meaning of the
act of 1894 it is not necessary TO our
conclusion to pass upon the insistment
that the act is within the constitutional
inhibition of a special law to regulate the
internal affairs of the city, upon the
ground that such contracts as that in
question: are of necessity repleta with
covenants and terms which are applicable
only to the contracting parties. of whom
q city is one and consequently. their
by retrospective enactment
must result in a special regulation of in
ternal affairs of that city. am strong
1y inclined to the opinion that the propo-
sition is entirely sound. 1t appears to
me that to hold otherwise. would open
a way whereby the constitutional pro-
visions invoked, might with ease be
stripped of its salutary effect. Indeed
I fail, now, to perceive any process OF
reason by which a subsequent legisla-
tive waiver of a single fatal defect in
sueh a contract can be regarded other
wise than as within the constitutional
Our conclusion is that all the contracts
are invalid and that the judgments which
sustain two of them must he reversed
and that the judgments which set aside
the other three must be affirmed.
1 LIFE SENTENCE FOR a WOMAN. i
DES MOINES Iowa. April "a, 1885,