The Jersey City news., 1902-06-04
LEMB[CK'
CRUSHER
! Comptroller Hough
Backs Up the Opinion
That the School
Law Is Waste
Paper.
y 's'sjHAklEk HULDO INT rum
That Popular Vote of 1889
I Makes the Power Of
the Finance Board
j Unassailable.
FULL TEXT OF THE LAW
Corporation Counsel George
! L. Record Incredulous-
} Point to Be Pushed at
Today's Meeting.
FULL TEXT OF THE LAW

1.-THE News announced yesterday
d that Finance Commissioner Henry Lem
e beck would at this afternoons meeting
aa of the Finance Board declare the new
(. sehol law invalid as respects this city,
& and inconsistent with the city charter
of 1889; accepted by popuar vote OF
the people, and that he would suggest
that the Financiers in future ignore the
Board of School Estimate created by
the new law.
sSs Today the startling announcement is
led be added that Comptroller George r..
our tlough, Mayor Fagan's appointee, holds
wpanne same belief as Commissioner Lem
aybeck To a News reporter this after
noon Comptroller Hough said that he
thought the new school law imperative
because in many section it works against
the charter of 1889.
Tin Section $50 of the new school
faw,'' said Mr. Hough, sit says this
act shah not repeal or affect the provis-
ions of any general act which may have
been or may hereafter be accepted by a
vote of the people in any city or school
district in the State In 1885 a general
act was passed appointing directors of
education instead of eecting them. In
1889 the city charter was adopted. Now
both the school act of 1885 and the char
ter of 1889 were accepted by vote of
the people, therefore how can the new
school law be operative. If it cannot
affect the charter how can the city or
school board operate under it.
According to Section 70 of Chapter
SO of the new school law. it is stated that
in every school district the board of edu-
cation shall appoint two of its members,
and the Common Council Board of FL
ranee or other body in such city having
power to make appropriations of
aey raised by the taxes in said city,
appoint two of its members, which
ons so appointed, together with the
or or other chief executive officer of
city shall constitute a board to be
yn as the Board of School Estimate
said school district Said appoint
ents shall be made annually during the
month of January. Wry, even if the
law should be construed as valid and op-
eratiye, under this section / have just
quoted, the city has acted illegally be-
cause the law expressly states that the
Board of Estimate shall be appointed in
January. This does not mean in April.
and / believe it was during that month
that the Board of Estimate was appoint
ed. The new school law upon the nam
ing of the Board of Estimate makes il
obligatory on the Finance Commission
svs TO appropriate money for the use OF
tie Board of Education at the Estimate
Boards figures. This is virtually an at
tempt to repeal the Charter of 1899
Just to show you, let me read that Sec
ton of the Charter which relates to the
powers of the Board of Finance
"a Taking up copy Of the Charter, Mr.
. 3Hough read as follows
That in every city in this State
there shall be Board of Finance to
be composed of the President of the
Board Of Aldermen or Common Coun-
4otl, and four suitable persons to be
Appointed by the Mayor: no more than
Ehree members of said Board shall be
from the same political party; the
she Mayor shall be two years; and the
3rst appointment shall be two for one
fear and two for two years. and there
after those appointed to take the place
OF those whose terms expire shall be
appointed for two years the termof
service OF those appointed shall date
from the date of their appointment
under this act; and the members of
said Board shall be paid five hundred
dollars per annum each as compensa-
tion; and the said Board shall
be In place of, and be sub
stituted for. and shall be invested
with, ard shall perform all the pow
ers and duties of any board of finance
and taxation now exercised by the lat
ter board in any city In virtue of any
xRw OF this State, except as in this act
otherwise provided; and the said
board Of finance herein provided shall
also be invested with and shall per-
FORM all the covers and duties now ex-
ercised by any finance committee Of
any board of aldermen or common
council, or BY any board Of aldermen