Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1909-02-10
LIBRARY is ENTITLED
TOAlARGER AMOUNT
IN ITS APPROPR RATIO.
Opinion Given TO Trustees by Judgl
LvOn--j January Circulation 'gest
Yet--ExCIude ChiIdreno SUNDAY.
NEW MEMBER is HEARD FROM

Steps have been taken by the Board
Of Library Trustees to secure the full
amount Of the appropriation which they
are entitled to from the city according
to law, one-third of a mill on every
dollar Of assessable property in the
city
At the last meeting of the trustees,
in view of the fact that the Board of
Aldermen had only allowed the library
$4,000 this year, which was also the
amount Of last year s appropriation, the
matter was discussed and Com missioner
Jones was authorized to see Judge
Adrian Lyon and secure from him an
opinion in the matter The opinion
which is given below was read last
night after which the matter was re-
ferred back to Commissioner Jones with
power. Mr.. Jones will confer with their
counsel, Judge Lyon, again and the mat
ter may be taken to court.
Commissioner Kitchel said last night
that it costs $4,s00 a year TO run the
library and that, according to law, the
city's appropriation should be approx
imately $5,200 instead of $4,000 the
present amount. They viii be satisfied
with $4,000.
Judge Lyons Opinion.
January 16, 1909.
Mr.. Henry W. Jones,
"Publie Library Board, City.
"Dear Sir-In reply to your inquiry
concerning the appropriations of the
Board of Aldermen for the Perth Am
boy Public Library, l desire to submit
the following:
was organized pursuant to an act OF
1884, which is TO be found in the Gen
eral Statutes p. 1850. In 1908, an act
entitled can act concerning free pub
lie hbraries,' which is chapter $50 OF
the session laws of that year, was pass
ed. The 33d section of that last men
toned act provides that Every free
public library established pursuant to
any general law shall be governed by
the provisions Of this act, and all acts
inconsistent herewith are hereby re-
pesled."
"Seetion 8 of the act of 1905 is =
practical reenaetment of section 3 Of
the act of 1884, which the City of Perth
Amboy adopted. That section provides
as follows: If 2 majority OF the votes
SO counted shall contain the words for
a free public library the provisions of
this act shall be deemed TO have been
adopted, and it shall become the duty
of the governing body, or appropriate
board Of said municipality, annually
thereafter to appropriate and raise by
taxation a cum equal to one-tbird Of d
mill on every dollar of sssessable prop
erty within such municipality
"In the case of Trustees V. Jersey
City, "a Vr. p. 50, Justice Magic, writ
ing for the Supreme Court. passed upon
section 3 of the act of 1884. In that
case a mandamus was sought TO compel
the City of Jersey City to appropriate
the amount which the law provided the
Public Library was entitled to. 1t was
entitled TO over $4,000. The city only
appropriated and raised 10000 In
commenting on this action, Justice Ma
gle said: In taking this action, think
It is obvious that the board ef finance
was derelict in duty. The act Of the
legislature, sovereign over the matter OF
taxation, was express and mandatory In
requiring this tax to be appropriated
and raised 1t left nothing to the judg-
ment or discretion of the local author
itv. A failure to obey its mandate was
a misfeasanee, and writ of mandsmus
may well issue to require the perform
ance of the unperformed and neglected
duty, if that duty may be now perform
ed.
at may not be that the City of Perth