The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-12-17
Mr.. RECORD
SHEDS LIGHT
Riparian Board Lawyers
Opinion Makes Even
Electric Lights Cast
a Shadow.
FIVE YEAR CONTRACTS
Mayor Keeps Mum on the
Proposition-Street and
Water Board Soon
to Act.
FIVE YEAR CONTRACTS

Corporation Counsel George L. Record
submitted an opinion to the Street and
Water Board yesterday afternoon to the
effect that it can make a contract with
the General Electric Company, the only
bidder for the street lighting contract
for term of one, two, three, four or
five years, but no longer. His opinion
wa sas follows:
In reply to your request for my opinion
as to the power of your Board to make
three or ive-year contract with the
Electric Lighting Company, have to
say
The act of 1891. commonly known as
theS Street and Water Commissioners
Act" applying to cities of the first class
I General Statutes, page AID, Section IL
provides
That the Board of Street and Water
Commissioners shall have the entire con-
troll and full authority to provide for
avenues, lanes, alleys and public places
in any such city, and in the matter of
public lighting said Board of Street and
Water Commissioners shall be substi-
tuted for and shall be in place of any
Board or authority in such city hereby
invested with the exclusive power and
charged with the duty of making such
contract or contracts or other arrange
ments for lighting the streets. avenues,
lanes, alleys and public places in any
such city and for such term or terms,
not exceeding five years, as in the judg-
ment of said Board shall be deemed for
the best interests of the city, with the
consent of the Mayor thereof.
Section IL was amended at the session
of 1898 (P. L. 1898, p. 491.) but the
amendment does not operate to diminish
the powers of the Board in respect to
electric lighting.
In 1894 an act was passed General
Statutes, p. 2.172), which provides:
That the board, or authority of any
city, county, town or township of this
State, charged with the duty of lighting
the streets, roads and public places of
such city, etc, be and it is hereby vested
on behalf of said municipality, with the
duty Of making such contract or contracts
for, lighting the streets, roads and public
places i'll such municipality for such
term, not exceeding five years, as in the
judgment of said board or authority shall
be deemed for the best interests of such
municipality.
| am of the opinion that these acts vest
in your board complete power to make a
contract with the Electric Lighting Com
pany for one or more years, not exceed
ing five years, as may seem to your hon
orable Board to be for the best interests
of the city.
When such contract has been made it
then becomes the duty of the Board of
Finance to provide for the payment of
the services to be rendered hereunder by
successive annual appropriations.
Respectfully submitted,
GEORGE L. RECORD.
FAGAN HAS NO CHOICE.
The Street and Water Board will
probably award the electric light contract
at its meeting next week. 1t is not
known whether the contract will be for
one or FIVE years.
Mayor Pagan refused to tell this morn
ing which he prefers. He said that the
question of deciding the term of the con-
tract rests with the Street and Water
Board, which makes the award and the
Board Of Finance which concurs.
He said that he is in favor of con-
tract which will be for the best interests
of the city. The FIVE year contract. he
remarked, would be cheaper than one for
a term of one year.
Last year the Mayor favored a con-
tract fer one year. He said this morn
ing that year ago he understood that
an independent electric light company
was to have been organized, but it didn't
materialize.