The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-08-23
George L. Thinks the Judge
Is Contradictory Touch
ing Appropriations.
WANTS THE CITY SUED
Advises Against Payment for
Street and Water Repairs
Done Last Year.

Corporation Counsel George L. Rec
ord submitted an opinion to the Finance
Commissioners at their meeting yesterday
afternoon in which he declares that the
Commissioners cannot with safety to
themselves provide the funds for the pay
ment of bills for the requirement. OF
streets and the reconstruction OF sewers
incurred by the Street and Water Board
prior to July /, in excess of the amount
appropriated by the Finance Board for
these particular purposes.
Incidentally Mr.. l-ecord takes legal
fall out of Justice Collins and gently ac-
cuses His Honor of inconsistency.
RECORDS VIEWS.
The opinion in fun is as follows
To the Honorable the Board of Finance
OF Jersey City
Gentlemen-ln compliance with your
request for my opinion as to the author
ity of your Board i'll the matter of
authorizing the payment out of this
years license moneys of bills incurred
prior to July first by the Street and
Water Commissioners in excess of the
amount appropriated by your Board out
of last years license moneys fer the re-
pavement of streets and the reeonstruc-
tion of sewers, / have to say
The law provides that your Board
shall annually make appropriations for
the different departments of the city
government, and that these appropria-
.ions shall be the limit of the expendi-
ture of the respective departments. 1t
has been my opinion that in view of this
law all bills incurred by any Board in
excess of the amount appropriated by
youu Board were not enforeible against
the city. In the Byrne case, the city
law department set up this proposition
as defense. but the same was overruled
BIZ Judge Collins. It is my intention to
take this question to the Court of Err
rors and Appeals, and obtain final rul-
ing upon it.
CoLLINS's CHARGE.
In the meantime, Judge Collins has
charged the Grand Jury, in effect, as
understand it. that any Board of the city
which incurs obligations in excess of the
amount appropriated by your Board is
liable to Indictment. The bills in ques-
tion are clearly in excess of the amount
appropriated, but you by your Board out
of the license moneys for the account of
repaving streets and reconstruction Of
sewers. and the incurring of these obli-
cations is. according to the charge of
Judge Collins. misdemeanor for which
the Board of Street and Water Commits
sioners might be indicted. 1t is possible,
therefore, that whatever action your
Board might take in the way of provid-
ing funds for the payment Of these obli-
cations thus wrongfully incurred, might
be equally an offense against the law and
render your Board subject to Indictment.
! am, therefore, of the opinion that your
Board should decline to take any action
to provide the funds for the payment of
these bills, leaving to the law department
the duty-of contesting the same upon the
grounds which / have before indicated
If our legal position is finally declared
unsound by the Court of Errors, your
Board can eventually provide for the
payment Of these claims when judgments
have been obtained against the city.
Respectfully submitted.
GEORGE L. RECORD.