The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-10


them in the execution of the act, as they
may deem necessary, or as may be au-
thoriZed or required by law for the city,
and to fix compensation.
1t is argued by counsel for the Mayor
that this grant of power is limited to
Isuch employees as were authorized or re-
FIGURED for the city by some pre-exfstlng
law We cannot so read the statute.
I, The Legislature meant to preserve exist
ing offices, but not to restrict the Board
1 to filing those only. No other interpre-
I; tation can give full effect to all the words
of the grant. A later law, passed in 1891
| &c. S. b. 467, par. 39) confirms and per-
haps extends the power of the Board on
this subject, but enacts that where there
!, exist the requirement of concurrence of
some other Board in any action of the
Board of Street and Water Commission
ers that statute shall not pc construed
! as dispensing with such concurrence. II
is contended that in official employment a
concurrence of the Board OF Finance was
and is required in Jersey City, The Act
of 1883 was not repealed or superseded by
the Net of 1891. and even if it We're there
would still be no support for this conten-
ton. By the city charter, concurrence
of a Board of Finance and Taxation
succeeded under the act of 1893 by the
present Board of Finance-was required
in the employment Of others than certain
specItiedA officers (P. L.. 1874. p. 5l2, sec.
23), but in 1880 a general act authorized
every municipal board to its appropriate
officers and agents without the coisenr-
! reTce of any other board &C. s.. p. $40,
par. $50.
This, act is met by the argument that it
authorized by law. That argument has
not prevailed with this Court. We think
the act operates as well as subsequent
Iauthority.
Lastly. we are referred to a statute
passed 1891 &c. s., p. 654, par. 933), which
/ enacts that no motion, resolution or or
or bonds or the contract and cognizanee
of the structures and property connected
with the supply and distribution of wa
ter, or the supplying, sale and use of wa
ter in any city in this State. shall be of
\ any force or effect unless the same shall
be c%oncurred in by the Board of Finance
y troll of the fiscal department of said city,
1t would be a very forced construction
II that would extend the limitation of this
act to the employment of officers and
agents especially III the light of the leg
~islation of the previous years dealing
with that subject and left unrepealed. We
cannot adopt it.
We see no force in the Mayors object
ion to signing the realtors warrant, and
we, therefore,, award a premptory man.
-damus. but inasmueh as there is no ques-
ton of the good faith of the objection.
made as it was by a public officer in the
line of his duty as he conceived it, no
costs will be allowed.
The following resolutions werepresented
and received from the Board of Street and
Water Commissioners requiring the con-
currence. of the Board of Finance, and
they were each referred to the Committee
III Gilt LhCoO40lANaiS.
]. Resembling resolution of October II.
1897, awarding contract to James Coyle
to furnish coal and wood.
eAdopted February %, 1881
q. Awarding to James Coyle the con-
tract to fprnisl, coal and wood at price
Stove coal at A.75 per gross ton.
Cumberland coal at So per gross ton.
Wood, cut in 10-inch lengths. at SC. 70 per
cord.
8. Directing Water Registrar to cancel
of record water rents ON property ituate
in block 4sS. Johnston avenue, assessed
to C-ommunipaw Coal Co., for years 1887
and 1888, S212, no water used during those
adopted February 2S, 1889
4. Directing the Water Registrar to an
eel of record water rents on lot u, block
293, Railroad avenue. assessed to George
r.. Mckenzie for year 1886, no water
used on the premises during those years.
(Adopted February Is, 1889
5. Directing Water Registrar to cancel
of record water rents on lot c., block 365.
Lawrence for 1887 to 1894 Doth ~inclusfve),
amounting TO S1GG, as there is no such
lot G. in block go.
GAdopted February %, 1881
The following resolution was also receiv-
ed from the Board of Street and Water
Commissioners and the said resolution was
referred to the or Finance.
6. Requesting Board of Finance to APP
pfopriate $500 for the purpose of creating
a fund to be known as Advertising Or
q III.
(Adopted February 2S, 1881
The Committee on Concurrent ReSolu-
tons reported recommending that the
following resolutions, adopted by the
Board of Street and Water Commissions
ers be concurred in:-
/. Awarding to James Coyle the con-
tract to furnish and deliver coal and
wood, from date of contract to, May /.
1898. at prices named in his bid of Octe-
Der 4, 1897.
adopted February %, 1889
2. Directing Water Registrar to cancel
of record water rents on property situate
in block 42s, Johnston avenue, assessed
and 1883, S212, no water having been
used on the premises during those years.
(Adopted February 49, 1889
s. Directing Water Registrar to cancel
of record water rents on lot q. block 203.
Railroad avenue, assessed to George R.
Mckenzie, for 1895 and 1886, amounting to
S34; no water was used on the premises
4 during those years.
(Adopted February Is, 1889
4. Directing Water Registrar to cancel
of record water rents on lot c, block S65,
West Side avenue, assessed to Rabbit &c
Lawrence for 1887 to 1884 Cloth inelusive1,
amounting to $50, as there appears no
such Lot C, Block SG5.
tAdopted February q, 1889
The report was received and the reso-
following vote on the call for the ayes
and nays by the President
Ayes-President Brautigam and Messrs-
Bailey, Kellers, Midlige and Simpsons.
Nays-None.
Absent-None.
The Committee on Salaries and Claims
to whom was referred the petition OF
Mary Connor. for the return OF water
rents, reported adverse as to granting PEI
tition.
The report was received and the petit
fion was not granted by the votes of all
the member of the Board, five 90 in
number.
The Committee on Salaries and Claims
further reported recommending that reso-
of the following claims:-
SO to Frank Meyer, for services as
Marshal to First District Court, for
month of February, 1898.
Chargeable to District Court fees.)
S45 to John j.. Nevin, fees as Judge
Second Criminal Court. bill March 2. 1898.
6Chargeable to fees, Second Criminal
/ COurt.9
$3.50 to Albert DATE, for printing n
stationery for City Clerk.
S34.G0 to George B. Fielder for record
ing city deeds.
J~ClfargeaIle to account Martin act.)
The report was received and the claims
we're each ordered paid by the following
vote on tbs call for the ayes and avs
by the PRESIDENT
Ayes president Brautigam and Messrs.
Bli.ey. Kellers, Midlige and Simpsons.
Nays-None.
Absent-None-
The Committee on Printing. Stationery
AMI Srrriies reported recommending the
anoptien Of resolutions ordering paid the
following clalnss
81 10 John A.. Nugent for furnishing
copies OF testimony in case g. 4. Suth-
- - 80 80 T1A@~l - EA+4