Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-05
HOLDS KRAEMER
APPOINTMENT IS
JUSTIFIED BY LAW
City Counsel Nugent, in Opinion,
Answers Commissioner Dem
mans Question.

City Counsel James r. Nugent today
sent to the Board of Works his formal
opinion thai Mayor Haussling acted in
full accordance with law in appointing
DR.. Charles r. Kraemer to succeed the
late Ira c. Budd as a member of that
body. The opinion was requested at
the last meeting of the board by Presi-
den Denman. Mr.. Nugent also In
forms the board that it is not within
the province of that body to question
the legal aspect of the appointment or
DIR. Kraemer's qualifications to take
his seat among the other commission
ers.
Following is Mr.. N~ugent's communi-
cation:
'.To the Board of Street and Water
Commissioners:
81 am asked to advise you on the
question of whether the Mayor has the
power to fill the vacancy in the Board
OF Street and Water Commissioners
created by the death of Mr.. Budd.
The Opinion.
Section 8 Of the supplement of 1894
to the act creating boards of street and
water commissioners in cities of the
first class (P. L. 1894, P. 524), especial
ly provides that wenever a vacancy
shall happen in the office of a member
of the Board of Street and Water Com
missioners otherwise than by expira-
ton of the term of a member, such
vacancy shall be filled by the mayor OF
the city in which it happens by the
appointment of a qualified voter, resi-
dents of such cities, who shall hold
office for the lnexpired term, and until
his successor Is elected and shall have
qualified.
The clause in section five of the act
''relative to the time of election and
appointment and terms of office of Off
GERS elective or appointive in cities OF
this State Up. L., 1901, p. Az, which
provides that vacancies in elective
offices shall hereafter be filled at the
next general or State election n not
otherwise: in my opinion does not to or
amend the act creating boards of street
and water commissioners or the supple
ment thereto above referred to; but
should it be held to apply, the later act
of 1906, relating to the time OF election
and appointment and terms of office of
officers leected or appointed in towns.
townships, boroughs and other munich
palities in the state Up. L.. 1905, P. 14),
while in other respects identical tc -hA
act of 1901 does not contain this clause
relating to vacancies in office. This
later act applies to all municipalities
and in my judgment supercedes and
takes the place of the earlier act of
1901.
Law Is still In Force.
81 therefore think that the clause in
the act creating boards of street and
water commissioners in cities of the
first class and in the supplement there
to of 1894, providing for the filling oil
vacancies in the office of members OF
the Board of Street and Water Com
m%issioners by the Mayor of the city
is still in force.
at is proper for me to add thai DR..
Kraemer has been appointed by the
MAYOR of the city under the power vest
ed in him by the act creating the Boar
of Street and Water Commissioners. 1t
is not for your board to decide whether
or not the a has been diyested OF
this power by the act of 1901. Your
body are not made Judges of h quail
iications of the members. Or. Krae-
mer has been appointed under h act
creating the board, has duly qualified,
and is entitled to take his G a ana
exelcise the duties of his office without
question by your honorable body. Yours
very truly, JAMES r, NUGENT,
"City Counsel