The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-01

press terms of the act under which It IS
done an appropriation ana that appropr-a-
| tion can no more be exceeded tnan can
any other Nor can that or any other ap-
preparation be anticipated Our court OF
last resort has held that the anticipation
of an appropriation is within the prom
bition of the Grimes Act In the case
question the actual contract was not
made until June 20, 1890, and it is pos
sib.e that 1t was intended not to take
effect until the new license year began,
which was on July !, 1900. The work un-
der the contract was not done until after
that time But that view does not help
the case. for after July l. 1900, further
obligations exhausting the license appro-
priations made after that date were in
CURED and paid, 50 that nothing remained
IN the fund wherewith to pay for the
sewer. and 1t was the resultant action
at law that brought the matter to my at
tention.
I saw no escape from liability by the
city. and the consequence is a deficiency
that must be met by taxation. The pro-
hihition of a municipal Board of exceed
ing appropriations is very wise one and
keeping track of obligations already in
Cured must rest on the Board that in
ours new ones. Contractors who respond
TO advertisements or furnish goods on
regular acquisitions cannot be expected to
take the risk of there being no money to
pay them. 1t will not do for municipal
Board, after its annual organization, to
ignore or neglect to inquire what the pre-
IN 70 W
charging a fund provided for fiscal or
license year that runs into the official
term Of the new Board. Incidentally, it
appeared to me that there is great laxity
in that respect, into which it is your duty
to inquire SO that it may cease. l may
saw. in passing, that it makes no differ
ence in the case in hand whether we con-
slider the fiscal year or the license year.
for in either view ther weas an exceeding
of the license appropriations.
There is a method of evading the law
that seems to have had countenance
with other boards and, doubtless, IS
thought 10 be legal, but ii in my judgment
is not so. I refer to making contracts
with the proviso that they are not bind
ing on the city unless an appropriation
shall thereafter be made. For such con-
dltional contracts there cannot well be
full competition, and l know no authority
for them In a recent decision OF the
Supreme Court, affirmed upon writ oil
error. it was held that board having
both the power to provide and expend
fund for street repairs could not contract
for the work until 1t had first provided
for the fund The decision was based on
the section of the Grimes Act to which !
have alluded.
One other matter demands notice
by the Court The last Grand Jury
made presentment, most of which was
merely concerning matters useful for
the consideration of the pubic bodies
and officials concerned, and for whose
benefit it was published; but there
was one topic that while not out of
place in a mere presentment should,
If warranted by the evidence, have
been accompanied by indictments. 1t
was declared that notorious violations
of law in the keeping of dsorderly
houses and the illegal sale of liquor
were permitted by police authorities.
Some indictments for offenses of the
character indicated were previously
found but in most of these cases the
charges were made by the police au-
thorities; SO it must be other cases
that were meant From information
the Court has received. there is room
for inquiry on the subject, especially
in the northern part of the county.
If you find there have been infractions
of the law of the sort presented, in
dict the offenders.
The Court will expect you to be regu-
larly in attendance, but will be content
with one day in each week for the pres
ent. Friday seems to have been con-
venient day, approved by long custom.
but it has been made known to the Court,
through your foreman, that Thursday will
sometimes accommodate some of your
number better, and the Court will leave
that to your discretion. Convene at ten
o'clock in the forenoon and try and clear
the Prosecutor calendar. You have very
little in arrear. Sixteen sessions sufficed
your predecessor for a very large volume
of business. You will not need as many.
For the last two spring terms the Court
has been able to dispense with the ser
vices of the Grand Jury at the begin
ming of the summer vacation. or by July
y, and we shall continue the precedent
unless there shall be reason to depart
from it. Should occasion arise at any
time for special instructions by the Court
we shall be glad to impart it on request
of your foreman.
You may select your officers and retire.