The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1906-06-22
Attorney General Says the
Plans Should Be Drawn
By the State Architect
HIS OFFICIAL OPINION
BUILDING COMMITTEE HAD Sc
LECTED A PRIVATE ARCHI-
TECT AND HAD ALMOST DE-
CIDED UPON THE STYLE OF
BUILDING.

Cspecial 10 "The Jersey clty News.' ''l

to the State Board of Education holding
that under the Act of 1903 creating the
Department of Charities and Corrections
the plans for the new Normal School at
Great Notch should be prepared by the
State architect, George. f. Poole.
The opinion will undoubtedly settle the
controversy as to whether the State ar
ehitect should do the work or private
architect employed by the State board.
The Building Committee of the board,
made tentative selection of an archi-
tect more than year ago, and had al
ready practically agreed upon the style
of building to be erected.
Under the ruling of the attorney gen
eral however, this action was not au-
thorized, and consequently there will be
no means for reimbursing the architect
for the work actually performed unless
the members of the State Board feel it
lHcuHDent 10 uo 50 out ol tnen o"H
pockets.
The opinion of the attorney general
decides not only the point at issue, but
deals at some length with the general
scope of the department of charities and
corrections, as indicated by the act un-
5a,. 1,-b;ot ~ 1.-as oroa +od Sao+fnn oe
this act provides that sail plans and
specifications for State buildings or for
improvements to State institutions shall
be prepared under the direction of said
commissioner of charities and correc-
tions."
The Encouragement says that the
practical construction given to this act
both by his office and the department of
charities is that the words mean what
they say and are applicable to institu-
tions of all kinds He shows that the
Legislature of last winter, in apparent
recognition of the propriety of this prac-
teal construction amended the act to au-
thorize the commissioner to appoint SUI
perintendents of construction for all pub
lie buildings.
The opinion holds that the plain pur-
pose of the amendment and supplement
was to enlarge the working force of the
department so that it should meet the
requirements apparently imposed by law.
He remarks that it has been suggested
with considerable force that the title of
the act creating the department discloses
legislative intent to conine the work of
the commissioner to charitable and cor
rectional institutions
There is no doubt" continued the At
torney- General, great weight in this ar
gument and it may be that the courts
would, after argument, adopt this view
of the law | confess, however, that
am unable to advise you that this con-
tention is so convincing as to require all
tn executive and administrative depart
ments Of the State government to adopt
it in advance of judicial determination.
'The language of Sections and 8.
particularly in view of the amendment
and supplement passed at the last Legis-
lature, is so very broad that, giving the
words used their natural meaning. there
is no room left for doubt. in my opinion,
that the Legislature intended the com
missioner and hi sarchitect and assistant
should alone be employed on all State
buildings and institutions.
"The economy and propriety of law
not be overlooked. In order to reach a
conclusion the opposite of this it is nee
essary to ignore the plain meaning of
the words used. and by construction to
surmise that the general terms must be
limited because of the purpose aud OBJ
iect of the act as ascertained from the
title and other sections. It does not,
however, seem to me that title lends
much weight to this view.
1T is. as we have seen. AN act to Gre
ate the Office of commissioner Of chari-
ties and corrections. and define his poys-
ers and duties. The mere fact thar es
title designates the head Of the proposed
new department commissioner of chan-
ties and corrections does not necessitate
the conclusion that the duties Of the in
cumbent We're confined to such subjects
as could be called charitable or correc-
tional. He might have been called any
thing else. and tbs designation would in
no way have limited his powers and du-