The evening star and Newark advertiser., 1907-08-03
COUNCIL
CONTROLS
CITY HALL


control of the new municipal building.
and that the City Hall Commission has
Surrendered its authority.
This decision means that the special
lighting committee of the Common
Council may proceed with the work of
installing the City Hall lighting plant
Alderman NJ. j. MCGOWAN. jr., an
nounced last night that it would prob
ably be started in short time now.
The opinion is addressed 10 the commit
tee on public buildings Of the Common
Council, and is as follows
II am asked TO advise you what board
or body Of the city now has the control
OF and is charged with the maintenance.
care and custody Of the new City Hail
| The City Hall Commissioners were flrst
appointed in September; 1899, by the Mayor
under the act to enable cities IN this State
TO furnish suitable accommodations for the
| transaction Of public business and an arm
ory for the use OF the National Guard of
the state therein organized. (P. L. 1857. p.
667 section 1062. 9. S. p. 667. section 1002).
This act was amended. to title, In 1891.
so that the title should read as follows:
An act 10 enable c.fies in this State to
furnish suitable accommodations for the
Transaction idd, @ of publie business, tP L.
1.-The second section OF the act provided
that the Mayor should appoint. with the
concurrence OF the board having charge Of
the finances of the city three commission
ers. who should have power to select lands
| suitable for n site or sites for public build
ings to acquire the lands selected. to have
plans and specifications prepared and 20
erect on sucn property such buildings as
they might deem suitable fer the purposes
of the act.
Upon a careful reading of the act and
its supplements and amendments. 1t ap-
pears that the power conferred upon the
| commissioners 50 aopCinted. Is to acquire
| the necessary land. TO adopt plans and
specifications and erect the buildings which
they deem necessary. l do not find any
where any power given to the commits
| maintain the buildings after they are com
pleted.
commissioners turned over. with impos-
ing ceremonies, the new City Hall to the
Mayor and Common Council of the city
| Of Newark, the various departments Of
the city moved In, and since then the
building has been regularly ana daily used
for all official purposes of the city and the
old City Hall has been abandoned and
closed
This was a formal recognition of the
completion of the building and of the
fact that 1t was then ready for use and
occupancy by the city.
Il think that from that time the City
Hall commissioners ceased to have any
control over the building, or to be
chargeable with its care. custody and main
tenance. To large extent this has been
recognized,
THE Common Council has provided for
its custody and care by the appointment
Of officials and employees 10 care for and
clean It,. has adopted an ordinance regu-
lating these appointments, defining their
duties and fixing their salaries and has,
In the annual tax levy OF 1907. appropriated
moneys for its care and maintenance.
II do not mean to say that as to some
small matters not fully completed when
the building was turned over. the COM
nlissioners have not still Jurisdiction but
the building as turned over has passed to
the custody of the city and the commits
sioners have no power over the same.
n
the contrary the custody of the new City
Hall and the responsibility for its proper
care and maintenance Is In the Common
Council
"By the supplement- of 1895 to above act
(P L. 1885, p. III; G. s., p 67a. section ll30).
IT is provided by section that in any city
Of the first class in this State the term
Of office OF every commissioner appointed
under the provisions OF the act TO which 1t
Is supplement. and any clerk or other
employees of any such commissioners. shall
cease and determine on the day set out
tse as int Gav OF Of a nd ~ bc
work 10 be performed by virtue of the
: contracts heretofore entered into. by said
commissioners for the erection and compile
tion of a City Hall.
Section Of said supplement provides
l that in case the completion Of any city
2 hall in course OF erection In any city of the
first class. under the provisions of said act
and the supplements and amendments there
, to. shall not be completed in the time set
out the date of completion of said con-
tract or contracts, the completion of said
city hall shall be committed to a board
of city hall commissioners 10 be com
posed OF the Treasurer and Comptroller
, Of such city and one citizen of said city.
TO be appointed by the Mayor thereof: the
person SO appointed shall be designated as
the president Of the City Hall Commission
ers; he shall hold his office during the
pleasure of the Mayor and shall receive an
annual salary not exceeding $1,000, to be
fixed at the time of his appointment by
the board which has the control of the
finances OF the city; the City Treasurer
and City Comptroller shall receive no
salary as members Of the Board of City
Hall Commissioners
Section three of this supplement gives
this board so to be appointed, power to
complete any City Hall in course of con-
structon and not completed at the time
Of their appointment, and also after such
building Is completed and accepted by the
city power to cause the same 10 be prop
erly lighted, cleaned. heated and maintain
ed, and also gives ii charge of the grounds
adjacent thereto and power to cause the
same to be improved. lighted, guarded and
maintained
| This supplement, it might perhaps be
/ held did not apply 20 Newark for the rsa-
son that the first section appears to apply
only to cities of the first class where con-
J tracts for the erection OF City Hall have
: been heretofore Chat Is before the pas
sage Of this net of lS95l, entered into and
| as the New City Hall Commissioners were
not appointed rntil 1899 ana no contracts
were made until 1893, or thereafter, such
/ contracts were not heretofore entered
/ This seems to have been the construc-
tion put upon this act hv the city OF
4 Newark and the Newark City Hall Com
missloners. If this is true construction
! the act is uldoubted unconstitutional, rs
special and local legislation regulating the
injerial affairs OF cities
] The second section of this supplement
was further nn7epded in 1877 GP l. 1897. p.
29l. This amendment provides that the COM
pletion and custody OF any city hall erect
ed in any city of the first class under the
( provisions of the original act and It's sup
/ PIGMENTS. shall be committed to a board
OF city hall commissioners. to he composed
OF the treasurer and comptroller of such
city and one cifiZen of said city TO be APP
/ pointed by he Mayor. etc
whether this enactment APPLIES TO New
/ ark o: not Is n question OF considerable
doubt, which perhaps can test be settled
by the courts-if necessity therefor arises.
mo such commission has ever been M
pointed In Newark, and | am satisfied that
ms matters now are and I'm The absercp
Of any board or person charged with such
duties the care aud custody 0f the New
J City Hall is in the Common Council anil
that the City Hall commissioners have no
jurisdiction or control over the same"