The Jersey City news., 1905-10-27
HILLERY BILL is
NOT IN EFFECT
Municipalities Cannot Vote
On It At the Coming Elec-
tion It Is Declared.
DIFFICULT PROBLEM
SITUATION IN MANY CITIES OF
THE STATE IS GREATLY con-
PROMISED BY THE DISCOVERY.

tSpeclal 10 Ihe Jersey Clty news
NEWARK, oct. 27. 1885, MuDicipal
authorities have had new phase Of the
Hilery miximum tax rate act thrust
upon them by the action Of the West
Orange Council in passing on Tuesday
night a resolution fixing the tax rate fer
1906 at 1926 per S100, and then further
resolving to submit this measure to the
electorate at the coming election in COM
petition with the maximum rate Of Sl.5G
established by the Hillery act for mu-
inequalities with a population under 50,-
GOO. In effect. this will be- giving the
voters the opportunity of adopting the
puzzling act or rejecting it. The section
providing for the referendum was an
amendment made by Assemhyman Rob
bins, of Burlington, and reads:-
Provided, however. that any munich
pality may exceed such limited tax rate
whenever the governing body of such
municipality shall by resolution adopt
higher rate, and when the same shall be
approved Of by majority of the legal
voters of such municipality at the gem
eral election next preceding the fixing of
such tax rate"
Lawyers we'll versed in municipal law
and in taxing matters hold to the opinion
that there can be no vote on something
that does not exist. The Hillery act does
not become effective till January 1, 1906.
In other words it does not become law
till next year, and consequently vote on
the proposition before that time would
not be valid inasmueh as no cause or au-
thofity exists for such a procedure. It
would seem from reading of the amend-
ment that the opinion that Simeon H.
Robinson, the West Orange counsel, gave
the Councilmen advising the referendum
was perfectly regular and was based on
good authority, but the fact that the law
does not go into operation till January l
nullifes that Interpretation completely, it
is held
City Attorney MacLear had his atten-
tion drawn to the action of the West
Orange Council this morning by a re
porter. and without any hesitation said
that no legal authority existed for sub
mitting the question to the people at
the polls this year, notwithstanding the
right apparently conveyed by the Rob
bins amendment Mr.. MacLear very
thoroughly agrees with an opinion Will
lam B. Gourley, of Paterson. delivered
few days ago to the officials of
Acquackanonk township. The governing
body of that township had come to the
decision that it would be advisable to
take advantage of the referendum, and
accordingly went to Mr. Gourley. who
is township counsel, and asked him [ ,
take the necessary legal steps to have
the question put on the gegular ballots.
In a very decisive manner. Mr. Gourley
tod the astonished officials that they
had no power to vote on the act till it
became a law, and by the very provisions
of the act it did not become effective till
the first of next year.
Besides West Orange the only other
municipalities III North Jersey that have
decided to submit the law to the voters
next election are Paterson and Passaic.
When the Acquacllanonk officials cited
to Mr.. Gourley the action of these two
cities he replied rather sarcastieally that
he was not their counsel--simply the
counsel Of the township.
Comptroller Bachelor, who was at
Trenton last winter as Senator and
fought the adoption of the bill tooth and
nall this morning came to the same
conclusion as Mr. MacLear and Mr..
Gourley after perusing the act carefully.
This makes it plain that the quandary in
IsYhieh the bin has put municipal authori-
ties is more. perplexing than ever. The
language of the act is 50 ambiguous and
general that most municipal authorities
don't know how toi tackle the problem
that has been provoked by the passage
of the law.
Its realized that unless the voters can
legally authorize higher rate than the
Hillery bin prescribes, at this election,
and unless some way to evade its pro-
visions be found, there will have to be
at least one year Of the minimum rate
in this State, q circumstance that would
greatly embarrass, not to say cripple.
many municipalities.