Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-03-04
KEARNY WANTS TO
SEE KENNY TAX
BILL SM0THEREO
Residents Aroused Over Meas
ure to Give Fees to Searcher
Instead of Town.

Speaker Edward Kenny. of the As
sembly, today contradicted the state
men attributed to members Of the
Kearny Civic Alliance that his recent
opinion on the question Of Town Clerk
William B. Ross retaining fees for tai
searches was a subterfuge. He said
the Backus bill blouse No. IT'D, was
not designed Ito let him down easy
in his opinions TO the Town Council
of Kearny, of which he is corporation
counsel The bill passed the House OF
February IA and was defeated in the
Senate on March l, the alliance taking
credit for its defeat.
II resent the insinuation that his bill
was sneaked through the Legislature, >
said Mr.. Kenny. 1T was introduced on
January "A by Assemblyman Backus,
of Montclair, whose constituents also
have an interest in Strengthening out
a long-disputed question about tax
search fees. and. after being duly re-
ferred and ~lcisurely considered, it
passed the House on February IA
Surely the measure was not sneaked
in nor We're all interested deprived of
ample time in which to make protest
or suggestions.
1T does not seem to be understood
that there is no Law giving towns.
townships, or boroughs a right to
charge anything for this special serv-
ice; yet many towns are charging for
the same, but they do it variously. In
West Orange. for instance, an ordin-
anoe fixes the fee al 81 and makes it
payable TO the collector of taxes, but
In Bloomfield, evidently without legal
warrant, they have decided that all
such fees shall be paid into the town
treasury.
"Kearny's situation is simply this
There was and is no law authorizing
the town to impose any fees for the
searching OF tax records. The town
act of 1896 plainly states that the town
clerk shall make such searches. Chap
ter EOS OF the Laws of 1898 (the Bruder
act), DEGREES that any officer empow-
cred by law to make such searches in
Kearny it is plainly the town clerk
shall with his bondsmen be held re-
sponsible for any errors or omissions in
such searches. The comparatively low
salary of the town clerk was so fixed
because 1t was customary for him to
receive such fees, allowed so generally
elsewhere, and not hitherto questioned
in Kearny.
The simple purpose Of the new law
would do what has hitherto not been
dcne-to empower towns, townships
and boroughs TO do as cities do. to i'm
pose a definite charge for such service
and to give the governing bodies OF
such municipalities power to decide by
ordinance whether such fees or any
! part of them should be paid, in the
case Of Kearny, to the town clerk Oh
be turned into the town treasury. Their,
was nothing peculiar about the propo
sition."
Town Clerk William b. Ross, vhel
interviewed about the agitation of tn
Kearny Civic Alliance, said today tina
he had always supplied the member
cheerfully with any information theI
sought. He insists that he receive:
nothing hat he is not Justly entitled
to. and in answering the contention o.
the Civic Alliance that the law say:
that all tax fees shall go into the tow
treasury, declares that the only &C
bearing upon the subject is that o.
1893. which DEGREES that all such fee:
received by the town clerk shall b,
paid into the town reasury unless hi
salary reaches or exceeds $1,000. H
now gets but 81, 200 a year.
The alliance, he says, undoubtedly
has in mind the act which concerns
collectors of taxes and which specifics
thai no fees shall be collected by them
NJ pos. tho& both &ha tOn-- on.Np
sci and town attorney have supported
his contention hat he may receive fee
for the special service rendered, as al
his predecessors in Office a done.
D.. p. Godfrey, president of tn
Kearny Civic Alliance, said to a STAI
reporter: Yes, our alliance is working
on this fee business, but l prefer no
to say anything. See our secretary, MI
Leonard, or the chairman of our execu
tive committee, Mr.. Gillespie. The!
speak with authority and have the full
backing Of the alliance" William R
Pearsall, vice-president, also REFEREES
to the secretary and chairman for In
formation. NJ. C. Leonard. the secre
tary. said in reply to questions:
THE alliance was formed about
year age n started to Investigate
local conditions. Starting with tn
Office of town clerk we have as yet go
no further. We find that the present
incumbent openly retains all fees re
ceived for tax searches, notwlthstand
ing the plain law that all fees shall b
turned over to the town treasurer 70
the use of the town. During the frs
eighteen months of the clerks term the
amount received was between $1,20
and 81. 300, and 1t must by this time bt
nearly or quite $1,000 we believe. Tn
Town Council votes him a bill OF fee.
for every tax sale. although the Law /
plain that when the officer making tn,
sale receives a salary these fees go Il
the town. The clerks salary wa
raised 5000 several months after h,
took office, although the law says hi
salary shall not be increased or dimin
ished during his term OF office.
we have been unable to get an.
action by the Town Council, although
we have quoted the opinions of abb
lawyers. Our efforts are met by ref
erences of opinions of Town Attorne.
Edward Kenny. l have heard tn
latest opinion characterized as a sub
terfuge.
THE opposition we have met and tn
tactics adopted make us favor vigor
Gus action in the matter. Mr.. Gillespie
our executive committee chairman, ha
advised an appeal to the council AM
to individual members. We are follow
ing his plan, He called on the owl
clerk a few weeks ago. During thei
Al. - w.,