The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1904-04-20
Of County Finances.

Judge Shipman who WAS appointed
by Judge Swazey,= AS an expert, to in
vestiGate the late Board of Freehold
er and County Officials, presented
lengthy report to the Court at the
opening of the term last week.
The following is the charge of Judge
Swayze to the Grand Jury ON the sub
ject of the report. The report and ev-
idenee taken were placed IN the hands
of the Prosecutor, and he was in
structed to see that the matters were
given proper considerations:
Gentlemen OF the Grand Jury:
have Here the report OF the expert ap
pointed by me in September last to investigate
the affairs OF lunterdon County. That report
propose 10 HE with the County Clerk Is
publ1c record III order that anyone desirug
may have access thereto. The report ttsctt
reveals laN methods and extravaganza IN the
management OF the affairs oil the county, and
Of features Indicates that crimes
have been committed, ior which you ought To
present indictments to the court. will hand
IA the prosecutor the stcuogfapher 5 transcript
OF the evidence taken before the expert, winch
ought 10 assist You materially in Your invesa
ugatiou
undoubtedly aiC, are not oil So grave 4 chaias-
tcr to constitute criminal offences, but It
mdy bC to the advantage ot the county, OF tho
present officials. and of their successors ia
ethce To undgl stand more definitely thclr legal
liabilities.
in some casts, the county funds appear 10
lave been spent cNtraVagantiy. Money has
sJtH# appropriated ior the purchase ol sup
pines beyond what prudence dictated. ices
hape been allowed the clerks and sherihs ior
'enviees IN connection with the elections IN
eAsess oi the compensation paid by Other
counties lei like SERVICES. NJ least one county
collector has been allowed compensation Ter
services aud expenses in distributing session
laNS, IA excess OF what lie fairly earned OF
spent. In other CASES money has been spent
lrrrgulaiIy. The sheriff, Tor instance, has been
pad forty five cents per day tor board OF prs
ouers. without the amount To be pad having
been hlst determined by the Board of Free
holders, and the ices OF the clerk and sheriff
IN criminal eases where the defendant has been
acquitted have been paid without then correct
ness having been certified TO by the prosecutor
nj the pleas. In either cases money has been
pH1d for purposes entirely unwarrantCd.
custom appears 10 have grown up tor the
county 10 pay tor the expenses OF the sheriff
toi fuel, heut and some supplies; for the
prosecutor 10 be furnished with office ior
the Transaction OF his private affairs. Tor the
county superintendent OF schools 10 be fur
nished with an office. which II IS suggested Is
unnecessary ior the conduct OF his public busi
ness SOME OF these matters subjects
trusted to the discretion oil the irecholdcrs,
and must he dealt with by the voters and not
by the courts, other matters have resulted
probably from a long course Of lax methods,
and have / am told, been corrected since tins
investigation began.
I'm appropriation has been made each year
tar interest on surplus revenue, and the like
amount has been annually spent. Such an ap=
preparation can only he justified, # money
fafsed ief Tire purpose OF paying interest on
the surplus revenue as II IS called, /. {,
HaHey Which loaned by the State to the
a. .u,.uIA seventy years ago, but tins III.
aasz9 ttts never been called for by the state
&c Original plan Wis thai tins money be IN.
vested by the Bodfd OF Ffethodefs. and the
dnnudl income apportioned among the town
>hps. Probably the fund itself WAS spent
cong ago and the frcehuders have continued
to put tins sum III the annual tax levy, and l
must sumc have appurttoned It among the
townships. ! find no legal authority Tor this
Practice
\ more serious matter and which involves in
the agggregate large sum OF money and rs
kelly TO involve more unless corrected, grows
ont oi the pay mcut To public officers OF fees
not authorized 10y law. and tees not authorized
by law arc illegal and paid and received
without night 1t Is perhaps natural Tor 9th
,ers Who paid by fees to feel that they
entitled to compensation FOR everything
they do. Such is not the law. The Supreme
Court of tins State has sad in case which
attracted great attention the time and was
ably argued, that Fees cannot be claimed un-
less clear and manifest intent to that pur
pose is expressed the face Of the enact
ment under which they are said to accrue nor
does il follow that because service is
required OF an official that from that cireum
stance any implication will arise that he IS TO
have q return from the public for his work. 1t
IS always held that the incumbent OF a public
office takes 1T cum oncre; that IS, with la
bilty of having new lahors imposed upon HIM
without any countervaling addition to his sal
AIRY"
OF the fees thus paid without warrant OF law
/ mention particularly fees for iudeNing the
records in excess OF the fee OF twenty-five cents
per hundred names, which Is all the statute
allows outside Of the counties OF Essex and
Hudson, the payments oil ices upon adjourn
mcnt Of criminal eases Tor which there is no
statutory warrant; fees Tor subpocnalng wit
ncsses before the grand iurics, which have
been paid the sheriff Al the same rate as sum
mousCs in civil actions, Se.i2 each. instead OF
constable for serving a subpoena; Il is true
that the statute docs not seem to provide TX.
pfessly any fee TO the sheriff for serving these
subpocnas II IS clear that he IS not entitled
TO Sa.t2 each IT he IS not entitled To tue ice
OF constable, he is entitled to nothing.
Fees have been paid to the clerk at q cents;
Sc cents. and 50 cents, each, Tor taxing bills OF
costs IN the cases OF disordcrly persons, com
monty called tramps. 1t settled several
years ago by the Court OF Errors and Ap
poals that such fees are illegal. The principle
to be borne in mind by county officials is the
one have already quoted from Chief Justice
Beasley that before fee can be allowed. au-
thority FOR ii must be found in the statute it
is not enough that the work has been actually
done if the Legislature has not seen fit to
allow compensation. the work must be done
without pay. Public officers must endure the
burdens as well as profit by the emoluments
OF their Offices Whether any Of these acts are
such as to constitute a crime is a matter
shall speak Of later. In order that may
understand the situation. will state some Of
the statutory regulations as to the management
Of county affairs
The management Of county finances, as you
an know, is entrusted TO Boards of Chosen
Freehulders Their power to raise and 10
spend money has been carefully guarded by the
legislature. and the purpose for which and the
manner in which money may be appropriated
and raised by taxation defined by statute
Three classes Of expenses authorized. The
first class embraces the current or running ex
pcnses of the county, which are classified un
der nine different heads: % for courts; (2l
for county Jail county penitentiary, county
poor house. such Of those institutions as
may be maintained by the county; 90 for the
support Of lunatics in asylums; "a for com
pensaton and lawful expenses Of chosen free
holders and committees and for the salaries
OF their offices; 80 for fees Of coroners 20 for
elections; ~ for stationery; 80 Tor adyertis
ing publishing and printing; 90 Tor incidental
expenses These are the current expenses OF
the county for which the frceholders are au-
thorized to appropriate money
The second class OF expenses relate to the