Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1901-12-26
THE CHOSEN rREEHo1pERs.


Freeholders last Thursday.
In the matter of the cause of the backing
up Of water at the head of Lake Martha, at
the point where the Crown Point road
crosses same, near Westville, Surveyor Car
ter submitted a comprehensive report, in
substance recommending the removal of
Instructions below the road Such he
thought would result as satisfactorily as re-
laying the pipe or constructing an arch
bridge.
In the matter of the Clonwell bridge, the
report of the permanent road committee
favored the payment Of 5000 by the county
in consideration of the construction of an
iron bridge by the Billingsport Land Com
pany, which is at present operating extern
sively at that point.
Mr.. Nichols reported having made ex-
tensive repairs to bridge at James B.
Jessup's.
County Collector Pierson presented a
communication received by him from the
Solicitor, being reply to request for his
opinion on the legality Of the State Hospital
charge Of So per week for the care OF the
county's insane patients The Solicitor s
communication follows
WOODBURY., N. J., Nov. 90, 1901.
George E. Person, County Collector.
DEAR SIR am in receipt of yours of
the 25th inst, enclosing me the bill from
the New Jersey State Hospital for the
quarter ending Feb. 18th, 1902, and asking
my advice as to the legality of the charge
of $500 per week for maintenance and the
liability of the county to pay same
The law upon this point is of such a
nature as to raise doubt as to the intention
of the Legislature, and the matter is so
important one, that it should have the
construction of the Court upon its meaning
to definitely determine what is legal under
| the circumstances.
Section Sc of the Act relative to the
government or management of the Insane
Asylums owned by the State of New Jer-
sey, approved March II, 1898, provides
that the price to be paid for keeping any
persons in INDECENT circumstances in the
State Hospitals, exclusive of clothing, shall
be annually fixed by the managers, and
shall not exceeding $500 per week.
Now this section does not limit the
amount to be paid the county at So 90 per
week, nor does it state that the price to
be fixed by the managers is for the county
alone to pay, but it provides clearly, that
the Board of Managers have the power to
Section 49 of the same Act, provides
that there shall be paid from the State
Treasury, the sum of one dollar per week
towards the keeping Of each INDECENT
patient in said hospitals That is a sum
certain to be paid by the State.
The Board of Managers of the Asylum,
have fixed the price of the keeping of such
persons at So 90 per week.
ho txUn
together, we can draw the inference that
of the $500, $500 is to be paid by the
county, and $1.O0 by the State; to give
another meaning to it, would be virtually
to say that the Board of Managers could
fix the price not exceeding $500 per week,
of which the State should pay $1.00, but
the Act limits the power of the manager
expressly to a price, not exceeding $500
per week, which to my mind means that of
whatever price the Board of Managers fix,
the State shall pay $1.00 of it, leaving the
county to pay the balance
This, it seems to me, is reasonable
construction of the two sections taken
together, and owing to the seeming in
consistency of different view, l think the
county should make the proposition to pay
$500 per week instead of $500, as in the
bill charged in the various cases, and if not
accepted, to permit the proper Courts to
pass upon the meaning of these two Sec
tiOns.
herewith return the bill referred to me.
Yours respectfully,
DAVID o. WATKINS.
County Solicitor.
On motion of Mr. Hoffman same was
ordered received and filed, and the County
Collector instructed to tender the State
Hospital So per week instead Of the amount
specified in the bill.
A resolution, specifying the form Of bond
to be issued to fund the county road notes,
was adopted.
A petition for gravel road from Mullica
Hill south to the Salem county line, AZ
miles on the old Bridgeton road, was pre-
scented by Mr.. Nichols Mr.. Mathers |
moved that the petition be received. Mr.. |
Nichols moved to amend, to appoint a COM
mittee of three to go over the road and re- |
port to the Board. The amendment car
ried, and Messrs. Nichols, Hoffman and |
Kapdle were appointed.
Mr.. Wilson presented petition for a
shell OF stone road from Swedesboro to |
Auburn, a distance Of 81 miles. Mr.. |
Mathers again moved to receive and file |
same, and Mr.. Usinger moved to amend by |
appointing committee of three to examine |
the petition and reportSat the next meeting. |
The amendment was adopted and Messrs. |
Wilson, Usinger and Tonkin were ap-
pointed.
Mr.. Beckett made verbal report, favorable |
to the construction Of the Mullica Hill and
Glassboro road. Mr.. Usinger moved that |
the report be referred back to the COM
mittee to make written report, and that
hereafter all committees make written re-
port, embracing an estimate Of the cost OF
the road. Carried.
Messrs. Silver, Miller, Jones, Ledden
and Burkett, the committee on the Glass
boro- Clayton gravel road, recommended its
acceptance, and highly complimented the
contractor, Mr.. J. S. Fisher for the excel
lence OF his work.
The committee on the trolley ordinance
reported progress.
Nathaniel Sneathen, of Washington
township, was allowed ST. per week.
The Clerk was instructed to notify Henry |
Kaseburg, of Glassboro, to remove obstruc-
ton in the Clayton Glassboro road.
The matter of the purchase Of a scraper, |
advocated by Mr.. Tonkin, was referred to
the permanent Road Committee.
W. Scott Thompson, of the Greenwich
Township Committee, was granted privi-
lege of the floor and protested against the
county laying iron pipe in the cutters Of
the village of Paulsboro, calling the atten-
tion of the Board to the law of 1899, which
gives townships jurisdiction over sidewalks
and cutters, and asked to have the action
of the Board in ordering pipe placed in
in Paulsboro road reconsidered
Director Miller replied to Mr.. Thompson,
characterizing the objection Of the commit
tee to the improvement as continuance of
the old political fight, etc., etc. No action
was taken on Mr.. Thompson's request.
Adjourned.
County Collector Pierson has received
from the Treasurer of the State Hospital,
in reference to the payment for insane
patients, the following letter:
''Withont relinquishing our claim for
settlement upon So week basis, have
been instructed to forward you receipt on
account, which herewith enclose, leaving
the uuestion of balance dle the Institution