The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1905-07-20
Mayer Pagan and Followers
Disappointed at the Gov
ernor's Action.
ROBERT M'cARTER's OPINION
Method Employed in Drawing
the Bill Makes It spe slal
Legislation and
Invalid


Mayor Fagan and other administra-
! tion Republicans are disappointed and
displeased with the action of Governor
Stokes in vetoing the Duff water bond
bill. They had had hopes held out to
them that the bill. despite Col Dickin-
sons opposition. would meet with the
Governors approval. Accompanying the
Governor's veto of the measure was this
note:-
''This bill is disapproved because of
for reasons set forth in the accompanying
opinion of the attorney general A bond
issue should be as far as possible above
suspicion as to its validity, otherwise the
bonds could not be fioated at all unless
at a great loss and disadvantage to the
city issuing them
'1Hhe opinion of the attorney general,
Robert H. McCarter, on the constitution
ality of tee bill has this to say
.s.You have asked my opinion upon the
co-etitutienaiity of assembly bill No. 312,
entitled an act to authorize cities to pro-
vide for the payment of waterworks by
if5sing bonds containing the general OBJ
liCC-tiens of the city and also secured b-s
mortgage upon said works and other
p1eperty Of said city. / have given due
as.rntion TO the subject and beg to say
tf-4 in my judgment the bill is unconsti-
tutioaal fer two reasons. First, because
the title is broader than the body of ihe
act. and. second. because the act is spec
ial and as ii undertakes TO regulate the
internal affairs of city it therefore yio-
lates the familiar constitutional proyi-
sion
In considering the foregoing objec-
tions in their order, you will notice, first,
that the title of the act applies to
..cities" generally. without regard to clas-
si6cation or peculiarly 1t therefore
should be applicable to all cities without
distinction. When. however the body of
the act is examined. it will be found to
apply only to such cities as have board
in charge and in control Of it's finances,
board having charge and control of the
water supply and having contract for
the construction of waterworks which are
,-e<a. -. <x4...s IL.
II need take no time to state the rea-
sen for The rule which the Constitution
eontains requiring that the object of an
act shall be expressed in its title, nor to
refer to the numerous authorities of cur
courts which hold that legislative acts
the title of which are broader than the
body contravene this rule. Suffice it to
say that / am quite sure that any one
reading the title of this act would never
imagine frezna.its perusa that it's scope
WAS by the body of the act confined to
zhe narrow compass that reading of the
first section Of this act shows it does.
Again, as before stated. the act author
ICES mortgage to be made ia those cities
where there is q) board having charge
Of finances. ~ "a board having charge and
control Of the water supply, 81 where
such water supply is either constructed
or to be constructed by virtue of a con-
tract with such cities, or whose rights,
property and works are hereafter to be
purchased by such city.
1T is notorious that there is but one
such city in this State, and that is Jersey
City. If the acts were drawn in way
to be applicable to cities Of the first class
or to all cities having contracts for
water supply, it might be general, but l
canHot see how the act as drawn can be
deemed to be anything but special law
and therefore vicious -