The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-04-22
BURKE EXPLAINS
HIS OBJECTION TO
AUTO FOR CHIEF
Commissioner Makes Statement
Relative to Plan to Give
Ashley a Car.
SAID IN MEETING IL
WOULD BE ILLEGAL
Fire Board Drops Matter After
It Is Well Threshed
Out.

During the executive session of the
fire board Yesterday afternoon the
matter of purchasing an automobile
for Chief Ashley, as was suggested at
"a previous meeting, was taken up and
thoroughly discussed. A difference of
opinion had prevailed among the COM
missioners as to the boards power even
to advertise for a machine, even
though there We're sufficient funds to
purchase one.
Unwise, Burke Said.
When the motion was offered to So
lcit bids for the auto at the meeting
two weeks ago President Burke con-
tended that it would be unwise to- ad-
vertise, when there were no funds to
buy, and then, too, he thought that
there were other things needed in the
apartment before luxuries, but the ms
ton was carried.
Commissioner Stratton sought 20
nave President Burke attach his sigma
ture to an advertisement a few days
later, but the latter refused on the
ground that it would be illegal.
The whole matter was threshed out
at the executive meeting yesterday and
the question was dropped after Pres
ident Burke made a statement in re-
gard to the matter.
President Burke's statement.
The statement as given by President
Burke is as follows:
Exceptions have been taken to my al
legged, refusal to sign IA resolution so
S SaileE, P P5p am an 11n adyertl tor tho for c PREF
engineers use. | hold that the exceptions
are not well taken. As a matter of fact,
there was 40 resolution-merely a motion
that the board purchase an automobile
and that bids be opened at such and such
a time. No further directions, no further
Spec1ncationS and no papers in the
case las the dramatic critic puts it, to be
signed.
The above are matters that are MOI re-
lied upon, as justification for action or
maction, however. but to the technically
: i~nclined-who knows?
have refrained from rushing into pub
ton, leaving that delightful pastime for
those who believe In that method of con-
Quoting public business. Still, TO quiet
the spirits OF those restless ones who,
while in no wise responsible for the finan-
cial management of the fire department.,
or accountable to any person or persons
are giving surreptitious advice-not to ease
the mind of the community sas that is not
dppdItHAly diSluIDtu-l VIII SHY IIlaIa l.
- objected to the use of my name Gas presi-
dent of the board to the advertisement
\ in question for divers reasons: / have
reached the age of reason; i have taken
any oath of office to perform certain duties
to the best of my, ability and understand
ing, and l am under heavy bonds gupran-
teeing the faithful performance of such
duties.
Under ordinary, or. to 60, further, most
majority Of the commissioner s or their
directions, will be respected and carried
out by. your president, but never when,
Commit an unlawful act and lay himself
liable to. Indictment for misdemeanor. 1
take it that there was a misconception
of the situation on the part of the COM
m~issioners in this matter, for l am sure
you would not care to see me go to jail,
particularly at the opening of the base
That Auditor Forman is the. authority
on city finances as they apply to the
various branches of the municipal govern
are invariably accepted, and he is the
officer whose statements are depended
upon TO keep all Departments in the
are my guide, and must be yours, He
understands his business from start to
finish. And whea Mr.. Fornan admonished
rs (an1 told Mr.. Stratton and myself par
ticularly) that this board would not be
warranted or justified, for financial rea-
lcobile, or anything else of unusual nature,
or even to advertise for such, | felt that
he was right. Further authority for my
attitude is found in the crimes act--the
crimes act, mind you. See section 81, chap
Ter aS5, laws 1898. Here Is the section:
Any board of chosen freeholders. or any
township committee, or any board of alder
men, or common councilmer, or any board
of education, or any board of commissioners
of any county, township. city, town or
borough in this State, or any committee OF
any such board, committee or commission,
which, or any member thereof, WHO shall
disburse.. order or vote for the disburse-
ment Of public moneys in excess of the
appropriation, respectively, to any such
board of committee, or which board or
committee, or any member therof, who
shall incur obligations in excess of the APP
preparation and limit of expenditure pro-
vided by law for the purposes respectively
of any such board or committee, thus dis
bursting, ordering or voting for the disburse-
nient and expenditure of public moneys, or
thus incurring obligations in excess of the
amount appropriated and limit of expendi-
ture as now or hereafter appropriated and
limited by law. shall be Jointly or severally
guilty of a misdemeanor; provided, nothing
herein shah prevent any board of educa-
tion from keeping open the schools. =
This law is for you, as well as for me,
and a violation Of 1t on your part puts it
up to you. To proceed deeper, let it be
said that the law has been defined and
interpreted by, former City Counsels Coult
and Young, and Mr.. Nugent will no doubt
concur, to mean that public officials are
prohibited from even advertising a notice
OF intention to take up certain improve
ments or the purchase Of an article. unless
the money in sufficient quantities to carry
out the project is available and placed TO
the credit of the account. The point is
that the cost of advertising, be it SIS NJ
y $500, is part and parcel of the ultimate
cost Of the Improvement, and to take the
initial step would be to incur an obligation
and render the person or persons authoriz-
ing the advertisement amenable TO the pro-
visions of the crimes Get.
AS a matter of self protection and conf
mon Judgment. | prefer to pay due regard
to a law that bears so directly OF this ques-
ton, rather than assume any risk by doing
otherwise. 1t is probably better all around
that the advertisement was not inserted as
contemplated. Convince me and satisfy the
city auditor that we have money to meet
imperative needs and justify the mourning
of further obligations and | will be only too
pleased to pitch in and help.