The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-07-21
PREsENTATIoN OF PETITIoNs AN

-
AT this time Commissioner Hauck ar
rived and took his seat
PRESENTATION OF PETITIONS AND
COMMUNICATIONS.
From Henry A. Brennan and others
Petitioning for the Improvement Of
Jewett avenue, between Hudson Boule-
ward and West Sid avenue.
From Andrew Scott and others:-
E. Petitioning for the construction of a Is
inch yitrided pipe sewer in Grove street,
from Twentieth street to Nineteenth;
street and from Nineteenth street
an 1s-inch vitrided pipe sewer to and con-
Meeting with the in Grove street,
near Seventeenth street.
From John Fl. Metz and others
Petitioning for the construction of Is
from a point about IS feet west of Waldo
avenue to Chestnut avenue, and through
Chestnut avenue to and connecting with
the sewer in Chestnut avenue, near Mag
nOlia venue
From Robert Lawrence and others
In the mater of change of grade on
Dwight street.
From Henry Hauser and others
In the matter of appointment of Marke
r Moartyn as inspector of improvement
Of Pearsali avenue.
From Robert Lawrence and others
Petttfoning for the improvement Of
Dwight street, between Garfield avenue
and Ocean avenue.
Three 90 petitions for signs etc.
RECEIVED and referred TO the COMMITTEES
on Streets and Sewers.
OFFICIAL CONCENTRATIONS.
From the Board of Finance
Transmitting resolutions passed by said
proved BY the Mayor july Il. 1881.
Resolved, That the Board of Finance
adopted by the Board of Street and Water
Commissioners July.6, 1897, to wit, award
ing the following contracts
To Henry Byrne, for the Improvement
OF summit avenue, from Sherman place
10 Laidlaw avenue.
To E. w. Conlon, for the construction
of sewers in Clarement avenue, Grant
avenue and Orient avenue. Morton place..
To william Williams, for the improve
ment of Boyd avenue, from Bergen ave-
nue. to Hudson Boulevard
To Henry Byrne. for the improvement
OF Boyd avenue. from Hudson Boulevard
to West Side avenue.
Received and ordered filed,
r IRON the corporation Counsel
missioners, Jersey City, New Jersey.
Gentlemen-In answer to your inquiry
Board to use and distribute the money
received for licenses for the sale of
spirituous and NAL liquors. which under
and repairing streets, ETC., I respectfully
reply that under the eleventh and twelfth
sections of the act of 1889 your Board has
the power in its discretion to reDave, re-
lane, alley, avenue or public place
already paved or that has been
saeS wo ahd d aor ffe Of Payn the fees e5
received for licenses for the sale of
spirituous and malt liquors, which should
accrue for the next three years after the
passage of that act, was directed TO be
kept as a separate fund to be distributed
exclusively by your Board for the pur-
poses before mentioned and for no other
By the act OF 1891, page 259, section s.
the Board of Finance was authorized to
appropriate and set apart annually, with
six years thereafter, one-half of the
license fees received in such city for
licenses 10 sell spirituous and malt liquors
for the purpose OF paving. repairing and
improving of paved streets and public
places in such city, and when said moneys
are SO appropFiated they rsdhn9ap id be dis,
purposes exclusively by said Board of
Street and Water Commissioner and by
NC TR Rthe act nU "a is s. a paee iSg. amends the
sixth section of the act or 1881, making it
lawful for the Board of Finance TO in
troller to set aside and keep apart one
half of said license moneys for the repav-
ing, repairings and improving of paved
streets and public places of such city;
whenever in the Judgment of such Board
of Finance there shall not be suffieient
funds otherwise provided for that pur-
shall be distributed, applied and expended
for such urpos by said Board or StreeI
and Water Commissioners exclusive or
any other board or authority whatever.
The act of 1885, page 34, authorizes the
Board of Finance to appropriate and set
apart annually, with the consent OF the
Mayor. for a period OF five years from
the date of said act, one-half OF the fees
received for licenses to sell spirituous and
malt liquors, for the repaving, repairing
and improving of paved streets and the
reconstruction of sewers in SAID city. ana
said moneys SO appropriated shan be dis
bursed. applied and expended for such
purposes exclusively by the Board
charged with the duty of paving and re-
pairing streets and the reconstruction or
camarG and hV no other hoard or
authority.
The second section of said act gives
gut Sotr Of Po said fur funds Rs" When So set apart. to
cause any part of any thoreughfare IN
such city to be improved or paved, or both,
although the same may not have there
tofore been paved. This Law was re-
enacted 1897, page 239, adding the WoroS
and public places,
ton of the language of these several Sec
lions and the language is practically the
same in all of them, that your Board mas
the absolute and unrestricted right to use
and disburse the license money when once
the Board of Finance has appropriated it
to the general purposes indicated by the
statute
If the Board of Finance has power to
fix limitations to the use or disbursements
shall be repaired or which shall be other
wise improved, and how much money
shall be devoted TO each street. for sucn
work, respectively, or how much money
Shall be devoted to each street for such
sewers. then the word Exclusively
which applies to the power of your Board.
will be entirely nullified and the dis
cretion'' which is given your Board by
the act of 1889 is taken away from YOU
If the Board of Finance has the power
thus to control and limit the use of these
funds in the manner of then. approprla-
tions, then they can thus exhaust them
and leave your Board without means TO
carry out the power conferred upon you
BY the second section of the act of 1895,
to wit, ITO cause any part OF a main
-thoroughfare to be repaired or paved, or
both, although the same may not have
heretofore been paved
The moneys are required to be appro-
priated and set apart before your Board
can touch them for fixed and stated pur-
poses and the law then directs that they
shall be disbursed, applied and expended
for such purposes by said Board of Street
and Water Commissioners, exclusively OF
any other Board or authority whatever.
This language is not in my opinion
capable of any construction in diminution
of your exclusive control over the man
sner of their disbursement and expenditure.
JOHN A. BLAIR,
Corporation Counsel.
Received and ordered filed.
From His Honor the Mayor
To the Honorable the Board of Street ana
Water commissioners
Gentlemen-Repeated complaints have
Of Mercer street between the yladuct ana
the asphalt. This matter has been called
to the attention of the Board AT various
times and l would earnestly request your
honorable Board to take some action in
this matter which will result in the de-