Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1908-04-04
COUNCIL NAY QUIT IN EVENT OF
QUO WARRANTO PROCEEDINGS
Bu' City Attorney HOmmanH Says
Their Act Ons are PerteG ly
legal.
ATTORNEY GENERAL MAY ACT
One Memhsr Of Board Of Alder
men Calls Ii Political MOVS
Much Feeling Aroused

Several members of the Board of
Aldermen, 1t is understood, have
Bignified their intentions of throw
Ing up their hands and referring the
legislation of the city to Attorney
General Robert H. McCarter, If quo
warranto proceedings are started to
decide the question as to whether
or not the present city governing
body Is legal.
One of the aldermen said this
morning that the attorney generals
Interference in the AFFAIR was purely
Tor political reasons, if he was going
to start such proceedings in the mat
ter without looking up the value of
the signatures on the petition, he for
one was willing to throw up his
hands and not try to do anything fur
ther for the city's interests.
THE aldermen are elected by the
people to govern the city and I do
not think we should be restrained
from acts, simply because a petition
with only a few hundred signers is
submitted, when there Is popula-
lion here of over 10000 people. Sew
eral other members Of the board
feel the same way and If these pro-
ceedings, which are said to be slow,
and would take about two years to
decide, we would be unable to do
anything until the question was set
tled."
I'VE would not want to pass a.
100000 water bond issue or $70,-
600 worth of school bonds II we
thought our government was in
doubt and we were acting Illegally,
SO you see we would be practically
without power"
City Attorneys Statement.
City Attorney Hommann was seen
by the NEWS man later and rela-
tive to the quo warranto proceedings
said:
II admit that they are very slow,
but the city's legislation would not
be affected at all, and the council
could act Just the same as before.
Dur city government is de facto and
for this reason the actions of the
Board of Aldermen are legal. We do
not elect our governing body accord
ing to the city charter, l know, but
under the act of 1891, passed in
1892, and for the past sixteen years
our city councils have acted under
this act.
Even though quo warranto pro-
ceedings were instituted and it was
finally decided that our government
was Illegal, all we would have to do
at the next election would be to
choose two councilmen from each
ward, instead of one as at present,
and as our present government is de
facto, all of their actions prior to
this time would still be legal. The
proceedings would in no way affect
the councils action. 1t is the writ
of certiorari which is at present re-
straining the appointment of the paid
fire department, and the quo war
ranto proceedings do not in any way
affect this matter.
'If the city cannot establish the
paid fire department, upon which
point the supreme court will decide,
the question in regard to the number
of councilmen will not be the cause. y
Mr.. Hommann yesterday acknowl-
edged the receipt of the attorney
generals letter and will write to him
next. week relative to the waiter, as
requested in Mr.. McCarters com
munication.
The city attorney says that IL the
aldermen should refuse to act, the
supreme court would issue a writ OF
mandamus, notifying them to fulfill
their duties.