The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-08-07
Counsel Advise Mayor Hoos
In Relation to the
Water Supply.
ALLAN 1. M'DERMoTT's OPINION
Corporation Counsel Blair Say s
Only 100000 Could Be Ex-
pended = The Mayors
Plans.


Hoos requested TO give him an opinion as
to the city's power to build its own water
works have responded. They are Allan
L. McDermott and Corporation Counsel
Blair.
the third lawyer, telegraphed the follow
ing to His Honor from the Profile House.
New Hampshire
Regret inability to forward opinion
as requested, owing to separation from
statutes and legal authorities. VIII not
return till first week in September"
The name of the fourth lawyer the
Mayor refuses to make known. So far the
gentleman has not responded. His Honor
this morning sent a letter to Counsellor
d. Edwards rsquesting an opinion on the
same subject,
The opinion of Allan L. McDermott is
as follows:-
Assuming that water works con-
structed BIZ Jersey City, to obtain a per-
manent supply of water would cost over
Sso.oOo ayiss you that there is not any ny,
can undertake such construction. The
act of 1876 limits the amount of bonds
issuable to obtain money to $S0000. The
cities of the first-class of this State to
issue bonds in order to provide and main
tam a Supply OF pure and wholesome
water. is like the earth in the begin
hins.. 1t is without form and void'
There are two, sections.
The first. provides that cities of the
fitst-class, for the securing and main
tanning of supply of water, may issue
all the bonds necessary for that pur-
pose, as provided in the second section
of this act
THE second section provides that the
issue of bonds If exceeding S500000' shall
not be made until such issue so exceed
ing 1000 shall be submitted to popular
vote in such city and be approved. This
act cannot be read as amendatory to the
act of 1876. That is a general act. This
is something else. There is not any pro-
vision for the determination of how
many bonds in excess of $500, 600 shall be
issued nor is such determination entrust-
ed to anyone.
There is not any provision to submit
such issue to a popular vote, and
what is meant by submission to or ap--
proyal by popular vote. Legislation of
this kind should always be accompanied
by an explanatory chart. Passing the
question of whether power to issue bonds
in excess of a certain amount and ap-
proval by the people. can be limited to
cities of the first-class, the act of 1895 is
worthless, because it does not provide for
4 advise you that the only legislation
tain supply of water is found in Chapter
$50 of the Laws of 1885, being the act un-
der which two unsuccessful attempts have
Corporation Counsel Blair wrote the ap-
pended opinion
'T am in receipt of your communication
asking first whether under the existing
statutes Jersey City has or has not the
power to build it's own waterworks;" and
secondly, If the city has the power to
build its own works, inform me as to the
amount of expenditure to which the city
would be limited in that case" In an
n a.
ton of the statutes of 1876 and 1877 and
possibly 1895, if construed together leads
me to think that they probably invest the
city of Jersey City with barely sufficient
power to build it's own works, if such an
occasion should ever arise. There is no
such amplitude of power as should be-
hind SO great a work.
In answer to the second question, the
act of 1875 authorizes only the creation of
g debt to the amount of $4,000 By the
Get of 1877, that amount is increased to
600, 900 By the act of 1895, an entirely
separate act, and an act eon which much
reliance has been placed. an amount of
900 is authorized to be raised to pro-
cure and maintain an adequate supply of
pure and wholesome water This act
was, however, intended for different
purpose than that contemplated in your
inquiry, and will likely not be found ap-
plicable, even in it's limited way, to the
construction of new water works. see
no way i'm which more than $500,000 can
be made available for this purpose under
the act of 1895.
As the law stands know of no means
by which Jersey City can raise funds
enough to attempt the construction of its
own water works
Although well satisfied that the city
cannot under existing legislation build it's
own works, Mayor Hoos has not aban-
doned all hope in that direction. He is
anxious to have the city procure a new
supply of water, but wants it obtained
in the most reasonable way.
His Honor will not abstract the plans
of the Street and Water Board in re-
ceiving bids for a supply
He is anxious to see what supply with
a capable plant will be offered for.