The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-07-29
NICE TANGLE.
Mr.. Allan McDeTmott De-
clares the City Hall Com
missioners' Act I'm
constitutional.
THE LAWYERS OPINION IN FULL
Strange Legal Complications Will
Ensus-Board Of Health's
Counsel.

Allan Il. McDermott sent ar opinion 10
The Board of Aldermen last night relative
TO the constitutionality of the act under
which City Treasurer Dickinson, CITY
Comptroller Hoagh and f. E. Datz con-
troll the City Hall as City Hall Commits
sioners. AS expected he says the act u
demonstrations and consequently that
the gentlemen now controlling the patron
age of the monstrosity have no night to
do SO. Mr.. McDermotts opinion follows
.Cbapter s9l of the Laws of 1895. OF
which YOU ask my opinion, is confined in
its application to cities OF the first class:
IT. provides that the term OF ONCE OF az
commissions appointed under the ACT q
1887 and the supplements thereto in such
cities shall expire on the date set out IN
the contract or contracts. and mentioned
as the day of the completion OF work TO
be performed. 1t will be seen that tnere
might be trouble if the days mentioned
in the contract should differ The act
further provides that in case the city
Hall in course of erection in any city OF
the first class be not completed IN tne
time Sc. out as the day of completion an
said contract or contracts, then there
shall be another commission appointed
to complete the contract; that the presl-
dent of such commission shall receive a
salary. and that thereafter such commits
sion Shall have charge eff such CITY Han,
etc. 1t is thus provided that If a CITY
0IdlS III EltiGS n lllt L 0lOo- W III
completed on time. it would thereafter
be in the custody of a described commits
sion. while in cities of the first class
where the City Hall is not completed on
time the commission shall not exist. The
distinction is confined to cities of the first
class, and it would be as allowable under
our constitutional inhibition of special
legislation for the regulation of the inter-
nal affairs of cities to provide that City
Halls in cities o fthe first class where the
janitor OF the building had a mother-in-
law with q glass eye should hereafter
be under the control of the Fire Depart
ment. The act of 1885. SO far as it empow-
ers the body now acting, is unconstitu-
~t5onal."
The opinion was ordered spread in full
on the minutes There was no discus
sion. The Aldermen are to meet again
next Tuesday evening and it is probable
that something win drop at that time;
1t is not unlikely that the City Hall
Commissioners will be made defendants
in a suit to establish the constitutionality
of the act in question.
Corporation Counsel Blair drew the act
in question and some weeks ago he sent
an opinion to the Aldermen that it was
constitutional beyond all question.
The Aldermen Expect that when they
order suit brought Mayor Wanser will
veto the resolution because the Corpora
ton Counsel has said the law was con-
stitutional. In the event of the Mayor
brought by one of the Aldermen as an
individual. All the Aldermen are inter-
eSleu III lne suit as lnere Is considerable
patronage to be had from the control of
the monstrosity.
The engagement of special counsel at
the expense of the city by the Aldermen
viii. 1t is believed. be one ground on
which the Mayor will check action for a
time. The Aldermen in their turn viii
ask how it is that one branch of the city
counsel and another not.
The Health Department is Just at pres
ent waging a bitter war against often
ders against the health rules. 1t is held
by that department. that City Attorney
Weart has no time to prosecute their
Fuits. AS a consequence Jarvis N. At
kinson has been specially engaged and
he is being paid out of the fines imposed
upon prisoners. This the Aldermen con-
tend is the engagement of special eoun-
sci and they CAIN they have the same
r.gnf to engage extra counsel as has the
Health Department. There win prob
ably be no end of ~squabbling before the
case to test the City Hall act IS taken
into court.
City Hall Commissioners Dickinson
and Hough are said not to be very much
Interested in the outcome of the suit.
President DATE. who as Superintendent
of the City Hall, draws a salary Of $500
a year. is very much exercised, as upon
him viii fall the burden of defending
the suit.
II is known that Allan L. McDermott
VIII conduct the suit for the Aldermen.