The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-07-23

HI tine LDIu Hi <lcl S2tlkOilC "a IlIE ~
81 1874, above set forth in this commurli-
cation. and the Registrar of the Water
Works. and to these persons only did
this act extend the right OF appointment
and employment without the concurrence
Of your Board.
The 23d section of the act OF 1874 which
prohibits the appointment or employ
ment by the Board of Public Works, OF
any other clerk, officer or agent"
other than those named in the goth and
21st sections without the concurrence OF
your board remained unaffected py the
act of 1880. The repeater to this act (lsoo1
did not enlarge the powers OF the Board
Of Public Works except so far as relates
to the persons therein named as pro
vided for by law"
When. therefore. the act Of 1889. page
81. was passed. the Board of Public
Works had power, without the concur
renee Of youI ~ Bo al arl To- a n carta ana .e efH-
GERS and agents thus provided by law
The act or 1899 simply changed the name
powers It then had IN the management
Of matters then strictly under the juris-
diction Of the Board of Works.
present Board of Street and Water
Commissioners by the act Of lsS9, 50 far
as relates to the present inquiry, is con-
mart as foIlows.-"That said Board Of
Street and Water Commissioners shall
nave power to employ or appoint, from
time to time. sacn eng,ne 81 Ia then n +,
he execution of this act as they may
deem necessary, or~as may pc autnorlzsu
or required by law, tor suen city ana 70
fix their compensation.
The act of 1859 contains a general re-
pealer of all inconsistent acts.
The appointing power OF the street ana
Water Board as shown by this last clause
seems to be controlled by the words as
may be authorized, or required by law
for such city and is therefore IN that
respect no broade than the act of 1850,
n ,Al lnh. = thu aFf nf INA SJl1 intact.
with the power of concurrence IN the
Board of Finance in all appointments ex-
cept those provided for by law OF re-
ouired by law for such city.
We now come to the act OF 1891,
If NV construction OF, the law bearing on
the subject OF your inquiry IS cofIell,
your Board had at that time an me
power of concurrence, in the appointments
Of the Board of Street and Water CON-
missioners given to it, by the act o.
1874. limited only by the act oil lSeV' as
above set out.
The Act Of 1891 reads as follows :
"s that such Board shall pc
fully authorized and empowered 70 Sc
lect, appoint and employ, from time 70
time. a clerk of the Board, a chie1 en-
gineer, civil and mechanical engineers,
superintendents, city or otner surveyors
street commissioners or superintendents,
inspectors sup erssnr an 9f1 e%Tgnloves to
aid such Board in the execution q LIE
act. and in the discharge OF the duties
of the office Of such Commissi ona af dh +
work and labor of h pupllc WORKS y
municipal departments or affalrs OF suen
city. which by the PROVISIONS OF tns ~
afs placed or Intended to be placed IN
der the government. control and MANAGE
ment of such Board, or as may pc re
quired by law therein or tn-erea pou ey
from time to time require, or as sucn
board may deem necessary n proper
and such Board shall fix the eompensa7
tion or salary to be paid such officers ana
EMPLOYEES. and the manner OF payment
thereof. within such limitation as 20
amount as may be fxed. by law IN any
iarge the powers of the Street and Water
Hoard in the matter of making appoint
ments. n fixing the mpensatl anu
st Il But for the effect Of a subsequent
section of his act.
The twenty-seeond section of his act
ds9) contains this limiting ciauSe:w ~
stThat whenever there n now o.
hereafter exist in any city OF tne Lrse-
class, any limitation on the powers eIans.
ferred by this act to said Board OF SlIees
and Water Commissioners, by recurring q
concurrence of any separate Board or Hu,
nicipal officer, other than sa1d B9aro q
Common Council, Board of Aldermen,
BOARD of Street and Water Commission
ers or Street Commissioners, that this act
shall not be construed as dispensing with
such concurrence.
This clause in very clear ana poSitlse
continues to your Board all liie
powers of concurrence It had AFTER the
passage of the act OF 1889. 800
There is no repeater in the act OF Io9l'
and there is nothing in it legally incon-
sisfent with the exercise of the powers OF
concurrence of your Board, in the matters
referred to in the resolution sent to me.
/ advise you that your Board mas the
power and light of concurrence In the
following cases.
(1.) In every motion, resolution or ORDER
of the Board OF Street and Wa.eT , Soh If
any improvement or the dong OF any
work, or the procuring OF any mdleIIal,
or the purchase of my properly OF ane
EMPLOYMENT of any person whose eoIh-
pensation exceeds $1,000 per annum YEN
cept those officers and agents pfovioe9
for by law, as expressed IN me aea o.
1880 or for the payment OF any SUM VI
money exceeding $4,000.
(2.) In the appointment and employment
and in the fixing of salaries or eompen-
sation of all officers, agents OF employees
Of the Board of Street and Water Com
missioners, except those snumeraS az ~
the act of 1874 SECTIONS y and ~ s5 5ns
other officers. if any as are HproVlded TOT
by law, in the employment and salaIles
of the officers n agents thus lnulcaieu'
Unless such salaries exceed the limit OF
the appropriations. | think your Boaru
should concur in the payment OF All pay,
rolls and salaries, even though II mas no
voice in fixing the salary.
~. Your Board has no concurrence N
the action of the Board of Street ana
Water Commissioners In the use anu us
of the license moneys, after
fhe same have been set apart ana appfo-
priated by your Board as requ1red by law.
JOHN A. BLAIR.
Corporation Counsel.
From the Corporation Counsel
Jersey City, July u, 1875.
the Board of Finance, Jersey city
New Jersey
Gentlemen-I am in receipt of a resolu-
ton of your Board reciting the appoint
ment. Of Mr.. Willard c. Fisk as, Assistant
a warrant be drawn to pay his salary
che month of May and that q tenn
porary loan bond be issued for sou to
raise the necessary money TO pay hls
salary until December l next, the negln-
ming Of the next fiscal year
The law requires that the salary OF LnlS
shall be paid by your Board IN the
manner now or hereafter provided for the
payment of the salaries OF other city OH
The manner Of paying the sal
aries of other. city officers SO far
appropriation made in July to be
cember. In this instance you propose to
borrow money on bond to pay the salary
this officer from May rs to December
of the present year.
This is not the manner now provlaeo
for the payment of the salaries of city
officials The law of 1887, page l4S, chap
ter 20. enacts that the salary account for
any department of the government OF any
city shall not exceed the amount nxed IN
the tax levy for that department Tor any
: Your resolution. If carried out, will ex-
coed the amount fixed in the tax levy for
the current year for the finance depart
reasons I feel obliged to disapprove the
resolution. There are no legal objections