The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1913-07-22

| Samuel q. Roberts wanted TO know WI
it was necessary to appoint new Super
visor.
"On account of the opinion of the Al
torney General" replied the Director
which document carried no weight wit
the Board, as 1t was simply read and filed
1t appears In full below:
have your letter of the Both ult., in which
| you say that some time ago you advised Mr.
Meeker verbally that the law requires the APP
pointment of county engineer and county su-
pervisor these offices separate and had to
be filled by separate individuals. Burlington
county has appointed one man to fill both Of
fees would ask whether l recognize
him in both capacities. Mr.. Meeker under
stands that l cannot
The understanding of Mr. Meeker is entire
| ly correct and the opinion to which you refer
was verbally rendered to Mr. Meeker by Mr.
Backes, of this department. l will now con-
firm the same in writing and give you my
reasons therefor.
Chapter 1876 of the laws of 1912, known as
the act for the permanent improvements of
public roads, provides, in section II thereof,
that
After the first county road shall have been
constructed under this act in any county. it
shall be the duty of the board af chosen free
! holders to appoint one suitable person as coun-
ty supervisor of roads, and qualified civil
engineer as county engineer, and each of whom,
before assuming the duties of his office shall
make and subscribe oath affirmation that
he will faithfully perform all the duties of his
Office to the best of his ability and understand
ing. Such supervisor and engineer shall hold
office for five years and until his successor is
appointed and qualified Each shall give bond
to the board of chosen freeholders in the penal
sum of $1,000, conditioned for the faithful
performance of the duties of his office. The
said engineer shall receive such compensation
for his services as the said board shall deter
mine and the said supervisor shall receive a
salary and allowance for expenses, both fixed
by said board, but said compensation or salary
is not to be reduced during the said engin-
GERS or supervisors term of office"
This same section in the next substantive
clause, provides that
The said engineer or supervisor may be dis
missed at any time by the governing body af-
ter proper hearing upon proof sustaining to
the satisfaction of said body charges preferred
by the said body or the state commissioner OF
public roads for incompetency, neglect, disa-
bility other cause" etc.
1t will be observed that the section to which
| have referred provides for the appointment
of some suitable person as county supervisor
of roads and qualified civil engineer as coun-
ty engineer, each of whom must take an oath
as prescribed by the statute. The same sta
tute likewise provides for method of dismiss
sal by the governing body of the said engineer
supervisor.
1t seems to me that the two offices are en-
tirely incompatible, but it is unnecessary for
me to determine whether this be fairly true
not. However, l may add that l cannot un-
derstand how county engineer who is to pre-
pare plans and specifications before the i'm
provement of public roads in his county,
likewise be the county supervisor of roads,
that is to say, / unable TO how he
perform the duties of both offices. The lam
guage of the statute, however, leaves no doubt
as to the proper Interpretation and meaning
thereof. The language which / have quoted
specifically provides for the appointment of an
engineer and supervisor of roads. l may add
that the language of the statute is likewise
mandatory that the board of freehoders must
appoint county engineer and a county super
visor of roads l deem it unnecessary to go
into details in respect of this matter, in view
of the language of the statute which have
quoted, and which, as l have said indicates
legislative intention that there shall be two
officers appointed by the board of chosen free
holders after the first county road shall have
been constructed under the road improvement
act in any county of this state
The conclusion which l have reached, there
fore, is that there must be both a county
gineer and county supervisor of roads in each
county of this state, after the first county road
shall have been constructed under the act of
1912.
1 shall add that the language used in the act
of 1912 is replica of the language used in
the road improvement act of 1908 and the act
bearing similar title and known as the re-
vision, which became operative in 1905. The
language thus used in section II must be con-
sldered and construed as a mere continuation
or re-enactment of the existing law and can
not be considered as new law, but, as have
indicated merely re-enactment of the old
law. In other words, when the legislature
came to revise the road improvement act in
1912, it adopted many of the features contain
ed in the act of 1905, which latter act con-
tanned many of the features provided in the
act of 1908, to which l have adverted
Matters then became uncomfortabl,
warm for Director Russ, as most of tn
questions asked were intended special,
for him which kept him lodging in al
directions.
Mr.. ROBERTS and DR.. Hugh Lejambr
said they had been told that it was Rus
who wanted the opinion, and the DiIecto
was called down for his evasiveness Will
trying to give satisfactory answer to tn
pointed question put to him by Dudley
"This is none OF my doings," insiste,
Russ. Stevens told me he did not wan
one man to hold both offices, and don
think present conditions will be satlsfaC
tory to the state road department. W
had better not say anything that will ge
to the Colonel's ears
Jumping from his seat Mr.. Logan ex
claimed: II don't care what the Colone
hears. He told me he wanted one man t
hold the job l am not fighting for tn
position but only for what is right.
had an opinion from good lawyer be
fore l accepted the office.
As result of the fight that was mad
to ascertain the legal standing of tn
small Board of Freeholders, which is mo-
only de-facto body, DR.. Lejambre sal
1t was his opinion that the Board had D
right to appoint Supervisor or any otht
officer. 1--WE were assigned by the court
a body to do this work because there wei
no Others left to do it. All your appoin
ments and bond issues don't amount
anything"
Referring to the opinion, Mr.. Russ sa
that while he was at Trenton trying
get an allotment for road purposes, tn
matter was brought to his attentiC
} by officials who objected to the dual offic
81 don't know who started this matte
but if the opinion is correct, are we ju
, titled in ignoring it,"
; body. If Logan should resign we wou
have to go to court to get successor
, Mr. Dudley said he hoped Hawkins wou
not resign as he did not want the Boa
to be without clerk. "But," added Il
J doctor. II wish some of you would resig
} and, Mr.. Director, mean you"
Mr.. Logan said that Colonel Steve
had told him he did not agree with t.
: opinion of the Attorney General, but
was not his privilege to question the ms
ter as he was not a lawyer.
Ernest Haines, of Vincentown. W
) awarded a contract to build pile trest
bridge at Burr's mill In Westampt
township for 1866.
A resolution was passed giving Coun
, Clerk knight authority to have the boo
e In his Office rebound where such repai
are needed.
DR.. Lejambre reported that he had Sc
7 DIR. Randolph, Of the State Board
: Health, respecting the condition of w
: !, liam Riker. of Burlington, prisoner
the county jail who is reported to ha
tuberculosis. A request was made tt
samples of the mans sputum be sent
the Board every two weeks for examiI