The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1898-07-26

Adjourned Meeting.
The Board of Freeholders met in tn,
Court House on Wednesday in accordanc,
with aresolution adopted two weeks since
The principal business was to receive
an opinion from Solicitor Chambers rela
tive to the status of the Board as a con
tinuous body. The opinion was as fol
lows:
MOUNT HOLLY, July 20, 1895
TO tie Board Of Chosen FreehoLders Of Burtingtol
county:
Gentlemen-At the last meeting of your honor
able Board resolution was passed authorizing
me, as your Solicitor, to submit my opinion al
this time upon the question to whether the
Board of Chosen Freeholders of this county is or
not continuous body.
In order to answer this question have given the
matter very careful and earnest attention and have
very carefully examined the statutes text writers
and such legal decisions l have been able to
find that would throw light on the subject and as
the result OF such examination and study have
reached the conclusion that the Board in question
is not continuous organization.
While the statutes make the Boards of the differ
ent counties of this state continuous corporations
can find nothing i'll said statutes which will per
nit the organization of said Boards to be consider
ed as continuing from Board year into another.
Your Boards get no powers except those conferred
by the statutes, either expressly by necessary
the second Wednesday OF each May. At the same
time the old Board, as an organized body, is dis
solved, and, in my opinion, the new Board cannot
be legally bound or have its hands tied by a reso-
luton or order of the preceding Board of Chosen
Freeholders, nor can the new Board be compelled
| to take up and conclude matter which the old
organization had begun but only partly considered
Applying my opinion to the matter in hand 1
would say that do not think the old Board had
any power to adjourn the hearings and consider
atoms of the applications for trolley franchises
over to the present Board of Freehoders and that
it will now be necessary for the trolley companies
seeking such franchises to renew their applications
J to the present Board.
In submitting this opinion have thought it best
to simply state my conclusions rather than to bur
| den your honorable body with long article set
ting forth the statutes decisions etc on which my
CHARLES K CHAMBERS
The following communication was re
ceived from Henry l. Budd, State Road
Commissioner:
- TRENTON N L. Iulv 10 1893
The Board Of Chosen reeholders Of Burlington county
Gentlemen-Rep1ying to your action at your last
meeting accepting the award ofthe Commissioners
on the Westfeld road, you resolved that if APPROX
ed OF the award the county would accept the road
at the sum fixed by the Commissioners.
Although my desire is to see the toll roads be-
come free roads, it is at present outside of my
power for want of funds to approve of the award.
have already approved ofthe Ma rlton and Cam
den pike and if were to approve of the Westfeld
road, the state would not be obligated to pay any
more than $40 of the $50 600 which would be its
snare; as the law says especially that "one-
third of the cost of all roads acquired under this
act shall be paid for out of the state road appro-
pr1atons; provided, that the amount SO paid shall
not i'll any year exceed the amout of $40 600:
one-thrd ofsuch cost shall exceed the sum of s1o-
the said of $40 900 shall be apportioned by
the Governor and the State Commissioner OFF dblic
Roads among the counties of this state in proper
ton to the cost of the roads acquired by them for
such year shown by the statement of cost filed in
the office of State Commissioner of Public Roads"
So you by this clause that if were to approve
of roads amounting to $4,000 the counties could
not, If were in funds get more than $40, 900. So
you will readily that it is best for proceed
slowly in this matter. Respectfully yours
HENRY I. BUDD,
State Road Commissioner,
Mr.. Jones asked if the road from Marl-
ton to Camden had been accepted by the
county If So there had not been any
provision made for raising the money to
complete the purchase.
Mr.. Darnell said the resolution referring
to the road in question had proviso con
ditioned on the approval by Camden
county of the end of the road in their
jurisdiction. That had not yet been Civ
en- and from all reports it is doubtful if it
ever will be-
Mr.. Conrow said he wanted to go on
record as showing that State Commission
er Budd is merely acting as an obstruc-
zionist. His action is an outrage and the
lower end of the county will certainly
be heard from.
An application was presented for a
gravel road in the townships of Willing
boro and Westampton, somewhere in the
vicinity of the Stokes road.
Mr. Conrow at once put into execution
his threat that the lower end of the coun-
ty would be heard from" by offering a |
motion that the application be laid on the
table
Mr.. Darnell objected. He said the APP
plication had been offered in good faith
and should be received
Mr. Conrow said he was acting in con
formity with the idea set forth in the
communication from State Commissioner
Budd If there is no money available for
road purposes, where is the justice in
holding out false hopes to these people |
who want a road
A vote was taken and resulted in the
defeat of Conrow's motion the vote being
10 in favor and 8 against.
On motion of Mr. Darnell the applica-
ton was received and filed.
The bill of A. c. Heulings for damages
to his carriage and for medical attendance
made necessary by an accident while |
driving on the road from Mount Holly to
Hainesport was presented, accompanied |
with aftidavits showing that the accident
was not the result of fast driving, but was
solely due to the bad condition of the road |
at the point where the carriage was upset |
This bill was before the Board at its
last meeting, and it was then referred to
the member from Lumberton as it was
supposed that the affair occurred in his
township, but it had been found that the
accident happened in Northampton.
Mr. Bartlett, member from Lumberton,
said he had looked into the matter, but |
had not been able to learn anything def
Mite An examination of the road had
failed to reveal any place where wagon
would upset unless there was fast or reck-
less driving.
Mr. Colby said the bill and afidavits
had been handed to him by Mr.. ,Heulings
There had been tenders on the road at
the spot in question, but they had been
removed. If they had been in position
the accident would not have occurred.
He understood that the tenders had been
removed by private citizen.
Mr.. Darnell said he frequently used the
road and soon after the accident lie had
looked for place that would be likely to
upset carriage, but he had not been
able to find it.
The matter was referred to the mem
bers from Lumberton and Northampton
with instructions to carefully investigate
the entire matter.
The following bills were ordered paid
Palmyra Netcs, printing .~ SIS 81
7. W. Davis soldier burial IS 90
Turner Birkhead stone road I52 rs
lowell Printing Co .. 40
Charles Stokes, engineer 10 90
Stone Road Commission, Moorestown. 80 90
]. w. Davis, soldier burial IS 90
W r. Ireland, stone. I35 90
Peter r. Harvey, engineer 90
W. F. Murphy, minute book 90
L. c Jamison, stationery. II 43
c. +. Reilly, burial of soldiers ... los 90
The Board of Health of Northampton
township served notice that nuisance