The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-03
Text of Judge Collins De-
cision in the Water De-
partment Payroll
Suit.
POWERS FROM THE ACT OF 1889
No Costs Allowed TO Herrick and
the Clerks Who Had to Fight
tor Their Money.

a IVA oitceis " II Sey
handed to the Mayor, the Acting Clerk 0
tba street. a,a we 80 Tssxa ~ ana thes Clerl
~ w..11N sNssas o,;,
OF the blnaaice BOARD, copies Oh the cpa'
ion of Justice Collins Of the Supre. n
Ca,r+ ar,,hnu aramntarv writ =
0ouf., z
maidamus compelling the Mayor TO sigl
the salry warrant of William Herrick
~ ,oul. .v f 80 ctroat on.
2 isih ~ ~ einpios -
[ Water Board for the month OF June Q
last wear.
NJ - o,d tba onf,io,
e"aS was te9t oHe' an1
sets aside all dispute as to whether tn
Finance Board should concur in the pay
- W.
TON OF the CLERKS OF pHe street az We
ter Department before they can be paid
The salary warrants for last June wer,
aa;a haaansa ,aauar uoos raf,,sad u
not paha pSuduSS Mdyof i1ooa :
sign them without the concurrence of Thu
Fina nce BOARD The Finance Board ha,
~,
cohcufred IN the ihohenlS pastoiis . ~
clerks since June of last year. The pay
rolls ~ MAT month were NOT sent 10 tn,
ioh' = snae . no -
fiiaiice Doahu' az Sereel anu 49,
Commissioners claiming that ~concurrenc,
nv tho Einanciars. was nor necessary.
- - Sa.no
Following IS the OPINION OF the Soprsni
In Jersey CITY IL IS NOT nequislle 70
the Valldfly OF Lne appointment OF eH-
plos snns nv u th onii Pas,, cl 81 S+raa+ and
persons Dy tne BOARD OF street ahu
wafer commissioners nat ehese
2ilouia ee goneuafehce thereih ~
boaIu q liiailce. n
Arsueu a. 1NoNeiioef teIii, L1
1879, pel9iS Justices van 0yehe.
Lyon gnu SoiiiilS- -
LOT Inc ne deta.oI, rasd y p 3 naIpIe 10Y
"a 1abn 4 lRlair 2"
ana Jonn a. bialr, ~ 70
Inc MAYOR ol JERSEY lily iSiuoe9 ~
sign q warrant for the realtors pay as
extra elerk al IN tne WAFER qep az Iuna
iess, ~ streat and lV w. Enmmise
BOARD OF street and Maest Co - ann
oners, a,.sr coh hao nrdssra y Il naid
1 This ui SsfIpssI i' NOT iuustifiab4e under
the law ~ us 80 oupJee on,n dafion -
ci Nm - t.l. n nesan - nIoI1ed Nv raso.
,,,4tinne, l nf tba. R % I'd anpSoued nv the
lullon OF t1e boaao, appio ~ ssr.,;ne
mayor. ana mas reHasreo ~ SNeal aYor
ne ensaseu 20 81 nau,,ent tbarafor
VII uou sinna he n ~ in the eInnIoy-
menf ba has been ADVISED that such
nmnioymemf was Illegal for lack Of
elnp,oSi,ea rs i4Pe 6snra ~ Einance
coreurTvnte y n ume r p - Tersay
4ne way, trai1a2 nndnr the aet n
1Soodas - hlr +be Iaoa1 vnters Of
1 1hs ~ " ! R = IF Sfreet am wa
me 5Iey. ~ s 30 snoceadino With,
asI 1oiliilL $50 sbo $500 of pnhli
SftlaIgeu pow9Is Xix +ha cj+v cbarter
A L = 90 - o1r+1Ar,oo1 h nn1 IN
oee.lon . % ~ ~ frnna I'M r. time
eilpioy y ea gyoin s',rI,eylnrs csarss and
oqtber nersons to aid Them in the exc
ouHsI pef e 4ha ~ aot ~ % 4bnu nav deau,
cueioal u .Ee " q a ~ - ar;zeJ ~
mSeSns y ~ az fnr r. aitr and "a
g. $3.50 ~ ,am sation e
rn,ad ~ onsa, f tha
= aiEheu ny C9 Z nn ;S y nv
~ - ~ a1ae az u5are o'+bor-
i a,od ~ ~ ranI,;rnd for tba civ b. snna
nrefaviSting law We eannot CO
rasd the sta tl,te. The T.egislature
meant n nreserves existine Offices hit
not IL. RESTRICT the Hoard IN filling
rbese univ No other infernretatio5
can o;ve fin erect To all the words If
the. Grant a later law passed in.
1891 Confirms and perhaps extends
the power of the Board on this sub
The requirement. of concurrence of
some ofher board in any action Of the
BOARD of Street and Wafer Commits
sioners shat Statute shall not be con-
strued as DISPENSING with such con-
currence. IT is contended hat in
official employment a, concurrence Of
the Board was and is REQUIRED in Jer-
sew City. The. act of 1889 was not re-
paaIed or superseded by the act of
1891. and wen if it were there would
still be no support for this contention.
BY the CITY charter, concurrence Of
a Board of Finance n Taxation
succeeded under the act of 1889 by the
present Board of Finance-waS required
in the employment of others than GER
tain specified officers, but in 1880 a
general act authorizing every munich
pal board to employ it's appropriate