Perth Amboy evening news., 1912-08-07

resolution by Mr.. slower discount
ing a note for 5000 for three
months in anticipation of assess
ments for Broadway improvement
was adopted.
The t~reasurer's report showed bal
ance to general account, $1,747; bal
ance to water account, $2,245, and
balance to sanitary sewer account,
$15,131. 1t was filed.
The clerk was directed to advertise
notice of intention to flag David |
street between Broadway and Rose
we'll street.
Mr.. Manhattan made motion that
clerk be instructed to advertise for
bids for curbing and tagging David
street from Stevens avenue to Broad
way. Carried.
President Stuart appointed Coun-
Gilman Slower to serve OF sewer COM
mittee to fill vacancy caused by the
resignation of Councilman O'Connor.
Upon motion of Mr.. O'Connor the
clerk was directed to communicate
with the Jersey Central Traction Co.
to Immediately repair their road
along the line of Bordentown avenue
and Stevens avenue, as it Is In bad
condition.
Upon motion Of Mr.. O'Connor the
Jersey Central Traction Company
was also notified to take care of wa
ter hat runs across Stevens emu
on First, Augusta, David, Henry and
John street, also that they be COM
handed to build a sewer from Au-
gusta to John street on Stevens as
that is the only way to properly take
care of the water hat M from
the high sections of the city.
Mr.. Pearse said Eat the last meet
ing of the council the matter was re-
ferred to committee of the whole and
city solicitor with reference to the
alterations and extensions which the
Board of Education is making to
school buildings. AS you know this
matter has given US considerable con-
Germ for a long time and the situa-
ton Is one which is peculiar. Under
the law the Board Of Education is a
separate body. They are elected by
the people and are in charge of
school affairs. The law has also Gre
ated another body which is known
as the Board of Estimates. 1t is
composed Of two members from the
Board of Education, two from the
governing body of the city and the
mayor, and the majority vote Of the
, Board Of Estimate decides whether
or not the plans Of the Board OF
Education shall be approved of any
money raised. Under the law, when
J the Board Of Estimates has taken
action and have approved Of the
plans and doings Of the Board of
Education no discretion lies in the
Common Council excepting as to the
manner in which the money shall be
raised. Nevertheless the council
thought they might be able to per-
suade the Board of Education to
change their plans. We were not
successful.
1.-THE matter was taken to the COM
missioner of education either to de-
eide the dispute on legal grounds or
give advice as to whether or not the
plans of the Board of Education
either to decide the dispute on legal
grounds or give advice as to whether
or not the plans Of the Board Of Ed
u~cation were wise. l have not heard
any direct answer but the matter was
put up to the gentleman who was an
architect and employed by the State
Board of Education to go over the
premises and do not know whether
or not he has made any report to any
one. Nevertheless the matter stands
now in the same way it did when we
first started and that is the Common
Council have before US a resolution
by the Board of Estimates duly certi-
fed, calling upon US to raise a GER
tain sum of money for the alteration
and additions to the two schools. l
have gone into the matter very care
fully, have looked UP the law as far
as / thought was necessary and l do
not feel that the council have any
power whatsoever, nor Will they be
successful if they attempted to bring
legal proceedings to- restrain the
Board of Education from doing what
they have proposed to do.
Il say this with regret because /
hoped thai we would be able to &C
complish something in that way if
we were not able to persuade them to
desist in their plans, but l do not feel
that we have any opportunity OF be-
ing successful In any suit that we
might institute or defend any suit
that might be instituted against US
compelling us to raise the money,
and | say that because l kno of no
evidence which would be sufficient to
show that the Board of Education
have abused their powers. II that
were the case, we might institute
proceedings ourselves to restrain
them, but without thai evidence we
have no chance whatsoever. 1t
seems therefore to M, that the only
thing which the Common Council
now have before them to decide Is the
manner In which the money shall be
raised"
Mr.. Stuart asked for an opinion as
to that portion of the resolution re-
ferring to the legality Of the vote.
Mr.. Pearse read that portion OF the
resolution and remarked: "Of course
the language is somewhat involved,