The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-12-28
TWO vETOES.
The Mayor Refuses to Sane
ton Appointment Of
Auctioneer.
RETURN OF WATER MONIES
Both Finance Board Resolu-
tions Condemned on Purely
Technical Grounds

G. Wolbert as auctioneer for the Marun
Act tax sales and OF the Boards resolu-
ton of December is concurring in reso-
luton of the Street and Water Board or
dering cancelled certain charges Indicated
in the books of the Water Department.
Contrary to expectation, the Board took
no action in the matter of appropriating
$780, 900 for the Improvement of South Cove.
This amount had been requested by the
Street and Water Board, and the Finance
Board had referred it to its Finance Com
mittee. That committee made no report
yesterday. Mayor Hoos had previously
vetoed the resolution of the Street and
Water Board awarding to the Metropoli-
tan Construction Company the contract
for the Improvement of the Cove at 104
per cent of the standard of cost 1t was
thought that the matter would be dis
cussed, but no reference was made to it.
The following opinion was received from
Corporation Counsel McDermott as to the
Boards power to appropriate money to
pay claims incurred in reclaiming and
dredging South Cove
December 26. 1901
To the Honorable the Board of Finance
Gentlemen-AIy opinion is asked of your
power under a resolution, adopted by the
Board OF Street and Water Commission
ers, asking that money be appropriated
to pay claims incurred in reclaiming and
dredging the South Cove. Under the law,
it is the duty of your Board to annually,
during the month of July" fix the amount
10 be raised by tax for the expenses of
the city during the fiscal year commenc-
ing on the first of the ensuing December.
cn for
the limit of expenditure, and, in the abb
sence OF an enabling statute, your Board
cannot make an extra appropriation. =
The iqea of making such appropriation
is so far from being legal that the law
pronounces a severe penalty against the
expenditure of money in this way. In the
case submitted the work was undoubtedly
done in good faith and payment should
be made, but this can be done only by
placing the amount in the next tax levy
tire.
Respectfully submitted.
ALLAN AcDERMOTT,
Corporation Counsel.
The yetoes were as follows.-
Jersey City, December %, 1901.
Honorable Board of Finance
N1SHtieIH6E--l 1eE6Willl return W yodt
honorable Board, without my approval, a
resolution passed at your meeting held
December IS, in which you designate a
certain auctioneer to sell lands acquired
ana to be acquired by the city.
/ have taken this action for the fol-
lowing reasons
There seems to me no reason why such
a resolution should be passed and acted
upon at this time. Had a resolution been
ordered to take place during the incum-
bency of your Board it would be prope~
TO designate an auctioneer. On January
27, 1900 resolution was passed by your
Board which designated Mr.. Robert DAVIS
as auctioneer. Previous to that time Mr..
Frank Stevens had been appointed, and
before the appointment of ar Davis
your honorable Board passed the follow
ing resolution offered by Commissioner
Carnes:-
Resolved, That the term of office of
Frank Stevens, appointed by resolution
April Is, 1851, as auctioneer for the sale OF
LANDS acquired by the city under the Mar
tin act be and is hereby terminated"
Following this action which seems to
be the proper course to pursue, a similar
resolution terminating the term of Mr.
Davis should have been passed. Mr.
Davis has not resigned nor have you re-
auested him to 90 SO, therefore as nc
does not vacate his office on January l,
1902. 1t would be proper to allow him 10
continue as auctioneer, from which no
harm could come to the city. Should the
new Board Of Finance order sale after
January it would only be proper to per-
najf that Board and the new Mayor to act
upon this matter as they see fit.
Respectfully submitted
EDWARD HCOS
Mayor
without taking any further action in
the matter the Commissioners laid it
over.
The auctioneer is F. G. wolbert.
Jersey City. Dec. 23 1901
Honorable Board Of Finance
Gentlemen-I herewith return to your
Honorable Board without my approval
two resolutions passed by the Board Of
Street and Water Commissioners at their
meeting held December IT, and concurred
in bv you on December IS, ordering cam
celled certain charges indicated on the
books of the Water Department.
have taken this action for the follow
dng reasons:-
Heretofore all resolutions passed by the
Board of Street and Water Commissions
ers and concurred in by your Honorable
board ordering cancelled unjust charges
On ffe books of the Water Department
or the return Of money paid in error have
been. in effect, that the Water Registrar
be directed to make the necessary cor
rections on his books. In the matter Of
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