The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-14

aheaa, WOu-u De aS euiSdS4oes9 - -
most formal approval. The record or
minute boo,. need not be published or IN
any way accessible to the public. II the
officer desires, he may keep dozen
records" and for his personal cor
venience. he may keep one in the CITY
Hall, one in his hat, and the others y
Philadelphia. The Mayer and his 'oincer
will be under no sort Of obligation TO take
the pubic into their confidence. Oi
course it would be proper for them to 90
so. but the municipa, history of Jersey
City is not without an instance OF It's
Mayor answering that he had nothing
to say, after he had, for Thoroughly
bad reason, exercised his official power.
The extent of authority sought to pe
granted by this act may be well compre-
hended by considering the practically un-
limited powers the officer would have
In the matter Of obtaining new water
supply. If he made mistakes he would
not be accountable to the peopse. and II
the Mayor made mistake in appoint
ing his "officer,v the mistake could not
be rectified while the officer remained
out of jail, for the act does not provide
that a dishonest or Incompetent "officers
may be removed. If a dishonest Mayor
should select an honest official" on an
honest Mayor should select dishonest
''official." or there should be combira-
ton of dishonest Mayor and dishonest
official Jersey City would have quite
state of affairs. In repeating the ne
cessity of giving publicity to official ac-
ton. the Legislature probably foresaw
the probability of any or all of these con-
ditions and concluded that it would be
well to keep information from the public
Taken in connection with the fact that
in the matter Of limit of expenditure, the
"officer' is to be relieved from criminal
responsibility, there is another omission
in the act which it is difficult to believe
was the result of oversight. Section %
of the Grimes Act makes it an offense
for certain enumerated public officials to
be directly or indirectly concerned in
any agreement or contract for public
work or supplies when such contracts
are made by such officials. The officer
provided for in the act of 1902 is not
among those enumerated in the Crimes
Act. and he is not an officer recognized
by the city charter. Therefore, so far as
criminal liability is concerned, he could
be directly or indirectly interested in the
profit of every contract he made. Is it
not strange that when the Legislature
conferred upon this Officer all the
powers and duties" 1t forgot to add
that he should be subject to all the
penalties prescribed for misconduct on
the part of those for whom ne is to be
substituted.
If this legislation had been entitled AN
act to make the looting of cities of the
first class possible, easy and safe its
scope would have been we'll defined
Whether this act would be held con-
stitutional would depend entirely upon
the class of its decisions followed by the
Court of Errors and Appeals. Under one
CLASP It would be declared void; under
another class it would be upheld 1t
will not. however, be necessary to con-
slider this question, for the act is clearly
lacking in machinery to pnt 1t into opera
tion. The fourth and fifth sections are
as follows
Section d. (After providing that the
Board of Finance may submit the act
TO the people, persons entitled to vote
at any charter or municipal election
where this question is submitted to
them, shall express their assent to or
rejection of this act by depositing
their ballots in the box provided for
depositing ballots in such elections, in
the election precincts or wards of any
such city, and those who are in favor
of the acceptance of this act and the
grants and the powers therein con-
tanned shall each deposit ballot con-
tanning the words For the street and
water commission, act of 1902 written
or printed thereon, and those VINO are
~. ,a-,I RI ocft Hnfr ha ffaf
with the words Against the street
and water commissioner act of 1902"
written or printed thereon, and this ac-
ceptance or rejection may be expressed
upon the ballot upon which are the
names of the state, county, district,
city or ward officers. and no separate
ballot shall be required for the pur-
pose of this vote; there shall be can
vaas upon the return of the votes
upon this question of such acceptance
or rejection, made by the election off,
GERS in the same way and manner as
for officers voted for at such eection;
and If a majority of the ballots upon
which there shall be either the words
For the street and water comm:s-
sioner act of 1902 - or Against the
street and water commissioner act of
1922 shall be found to be for the ac-
ceptance of this act, it shall then,
but not otherwise, go into effect or be
binding upon such city wherein such
vote shall have been taken"
s. When resolution submitting this
act to the voters shall be nassed and
approved in any city as provided in
section four of this act, it shall be the
duty of the county clerk of the coun-
ty in which any such city is situate.
on receiving a copy Of the said resolu
ton 10 cause the question of the
adoption or rejection of this act to be
printed upon the official ballots to be
used at the ensuing election in the
manner provided by this act. and by
the laws of this State in relation 10
election.
All acts inconsistent with these PROPOSE
tions are repealed. The County Clerk. It
viii be seen, is TO print the ballots in the
manner provided by this act and by tie
laws Of this State in relation to cleo
tfons" AS there is not any method OF
printing the ballots provided by this act,
the County Clerk will necessarily proceed
under the general law, section 81, Of which
provides:
S. Whenever question or proposi-
tien Is to be submitted to the people. OF
the State or any political division
thereof at any election, such proposi-
ton or other question shall be printed
upon the ballot beneath the list of can
didates thereon with the word For