The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-14
DOUBLY BAD LAW
It's Effect Would Be Disas-
trous to the City; But It
Is Totally In
operative.
BALLOT IS IMPOSSIBLE
In Connection With the Gen
eral Election Law It
Creates a Hope
less Tangle.
RESPONSIBILITY DESTROYED
The Proposed Commissioner
Could Plunge the City in
Debt and Ruin-AIlan Nc
Dermott's Opinion
RESPONSIBILITY DESTROYED

CONGRESSMAN Allan L. McDermott has
sent to the Board of Street and Water
Commissioners his opinion on the act
signed by Governor Murphy authorizing
Mayor Pagan to appoint a sfngle-headed
Water Commission in place of the pres
ent Board-if the people vote for the bill.
The measure has a referendum clause
and it will be voted on at the fall cleo
ton
Mr.. McDermott acted under a resolution
passed by the Board of Street and Water
Commissioners some time ago, when he
was asked to give his opinion He finds
many flaws in the act, and gives support
10 those who believe it to be contestable
in the courts.
The opinion will be received at tomor-
rows meeting of the Board, accepted and
ordered spread in full on the minutes
The city officials refused to discuss the
opinion this morning. saying they had
not read It.
The opinion follows
Jersey City, April Il, 1902.
To the Honorable the Board of Street anc
Water Commissioners
Gentle1nen-AIy opinion of the provisions
of an act, entitled .An act providing for
the appointment of an officers 10 be
known as Street and Water Commits
sioIer' in cities of the first class in this
State, and defining his powers and du-
ties" approved April TO- 1892. is as fol-
lows
The first, second and third sections OF
the act provide for the appointment of
an Officer who is to be known as the
street and water commissioner of any
city of the first class, and defines his du-
ties. The provisions of the act are the
most extraordinary ever enacted in New
Jersey for the government of municipal
corporations. There is not a single safe
guard provided for the city. The officer
is, it is true, to keep a record of those
doings which are now required to be done
''by resolution or ordnance" but the
municipal laws which will govern tie
s.officer' require but few acts to be ev-
denced by resolution or ordnance" and
an incompetent or dishonest official could
under the provisions of this act, bind the
city. without resolution or ordinance in
a hundred ways. to pay unlimited sums
of money. Providing that he did not III
any single instance, exceed the amount
which may be expended without advertis-
ing for competition. he could contract
debts without number and without aggre-
gate limit, and the city would be bound.
in the absence of provable fraud, to, pay.
1t was the practice Of thus ineurring
municipal indebtedness which brought
Jersey City to the verge of bankruptcy
twenty-five years ago, ard which led to
the passage of what was known as the
Lewis Act,'' making criminal the expen-
propriatlons. This act was recently re
pealed, an in its place we have section
thi-ty-one of tfAn act for the punishment
of crimes" Revision of 1899 which pro-
vides as follows
81. Any board of chosen freeholders,
or any township committee or any
board of aldermen or common council
or any board of education or any
board of commissioners of any county,
township. city, town or borough in
this State, or any member thereof who.
shall disburse, order or vote for the
disbursement Of public moneys IN ex-
cess of the. appropriation respectively
TO any such board or committee: or
which board or committee. or any
member thereof, who shall incur oDi-
cations in excess of the appropriation
and limit Of expenditure provided by
the law for the purposes respectively
Of any such board or committee, thus
disbursing. ordering or voting for the
lie moneys. or thus ircurring obliga-
tions in excess of the amount appro
priated, and limit Of expenditure as
now or hereafter appropriated and l'm-
tied by law shall be Jointly or several
ly guilty of misdemeanor
It viii be seen that the street and
water commissioner provided for in the
act of 1892 is not within this criminal
law, for ne will not be COMMITTEE" or
board or "a member thereof He
could therefore incur obligations ''in ex-
cess OF the appropriation and limit Of ex-
penditure' provided by law In short,
this act eonfers unlimited control Of the
city treasury upon anyone to whom the
Mayor chooses to turn over the parks,
streets, sewers and water works Of Jer-
sey city.
In those cases where the "officer'' would
be obliged, in order to conform to present
practice, to act by resolution or ordi-
nance" the procedure indicated by the
act approaches the ludierous. II requires
that he shall do these things by signing
appropriate resolutions or ordinances IN
record or minute book TO be Kept for
that purpose. Having received what
he is going to do. and written his "re-
solve In any old book. he is. before
carrying out his resolve" to obtain the
approval OF the Mayor. This approval
need not be in writing. nod of the
Executive Uranium, or an All right, &c
An Old ana Well Tried Remedy.
Mrs. Wgnslow's Soothing Syrup for chr.
dlen teething snoule always pe used fol