The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1913-04-22

1924. OOO
Mr.. Birkhead offered resolution that
the salary of the county engineer and of
the supervisor of roads be 1926 per month
each, to date from April g. This was
agreed to.
A letter was read from Harry Hawkins,
Jr., clerk of the new Board, who said he
would wait for an order from the court
before delivering any books or papers
The following communication was read:
Camden, N. j., April H. 1918.
Harry E. Du6eH and others, Members of the
Board Of FreehOEders Of Burlington County:
In our opinion furnished you as to the legal
ity of tie so called Small Board of Freehold
ers and your rights and duties in the prem.
ises, we suggested that after organization Won
adjourn without transacting any new bust
ness until the legislature should adjourn in
order that we might see what the effect of
any remedial legislation would have upon
the situation.
The attempt to remedy the legal difficulty
into which certain counties, including Bur
lington, have fallen has proven abortive. In
fact, we do not see how the situation of the
so-caled Small Board can be legalized by
reason of the fact that the referendum vote
taken in Burlington county was as to the
adoption of the act of 1902, which act the su-
preme court has declared imperative as to
second class counties, including Burlington,
consequently, the election of the Small
Board upon the assumption that the act had
necessarily null and void.
1t seems to us now that it becomes your
duty to proceed with the management OF the
affairs of the county as though no election
for a small board had been held
You should forthwith make demand for the
possession OF the seal, books, and records per-
tanning TO your ohee, and possession Of the
county property. Nothing can be gained by
force. The so-called Small Board cannot Ie-
galize their position by denying you access
to the court house where the meetings of
your Board have customarily been held
neither do you lose any of your rights nv
being denied access to the court house; you
can adjourn to meet at any convenient place
We advise against any proceeding by way of
force, the only effect of which is to make
disturbance without in any respect changing
the legal situation.
In our opinion your failure to meet and or
ganlze In January does not affect the legal
You have heretofore acted in perfect good
ia1th with the people of the county; when
you assumed that an act authorizing Small
BOARD mad been lawfully adopted and an
election had Hereunder, without any con-
tention you quietly gave way to the persons
who were supposed TO have the right to as
sumo your functions and perform your
duties, an example which they might follow,
II deslrous OF avoiding unnecessary litigation
confusion.
If the so-called Small Board will not vol
UNFAIRLY retire 1T will become your duty to |
otner competent or proper party is ready and |
willing to proceed.
You should therefore meet on the day to
Whlch you have adjourned and proceed regu-
arly in the management of the county |
affairs as heretofore.
Yours very truly,
j. II. GAsKILL,
SAML. X. ROBBINS. |
In, order to conform to the above com
nunication the following resolution was
adopted:
Whereas, Howard Russ, Samuel C. Roberts. |
John 9. Dudley, Louis R. Engel and Hugh |
LeJambre are claiming the right to act as the |
BOARD of chosen freeholders of Burlington |
county; and
Whereas, we have been advised that this |
BOARD is the only. legally constituted body |
to conduct the business and man
age the affairs of the county; and
Whereas, the SO called small board, notWith- |
standing the decision OF the supreme court
holding the small boards elected in second
class counties in 1912. pursuant to the referen-
ium of 1911, were illegal and void, continues
70 meet and claims to be the legally-consti-
.uteo BOARD OF TINS county, thereby causing
great CONFUSION OF the management of county |
affairs,
Therefore, be 1t resolved, that the director
appoint a special committee of three to de- |
mand the retirement of said persons from the |
)f1lce which they have been claiming the right /
o exercise, and in case of their refusal, to |
employ counsel and take necessary legal
steps TO GUST said persons from the position |
hey are claiming the right to exercise.
The special committee was somewhat Of
4 poser to the director. He had several
n mind who would be about right to at
END the matter, but they did not care to |
get into the affair. The question was set
lied by Messrs. William Miller, Thomas
P. Miller and William s. Bovine being
selected to do the BUSTING business.
A communication was read from State |
Road Commissioner Stevens announcing
hat the sum Of about $26 had been hand |
I'd over on account of some road work.
Mr.. Birkhead remarked THAT looks as
Il the state road commissioner apparently
this board"
A motion was offered that the amount
mentioned be passed to the road account.
Joseph L. Hilton, who occupied seat in
the audience nodded vigorously to the
director to have this motion adopted, and
1t was so done.
Mr.. Fairbrother wanted the communi.
cation spread upon the minutes "to show
that Commissioner Stevens recognizes this
board" This was adopted without dis
sent.
Then there was another communication
from Mr.. Stevens announcing the COM
pletion of bridge at Cookstown and
that the county is entitled to 20
per cent. of the cost from the state. This
also was ordered spread on the minutes as
an appreciation of recognition.
A communication was read from Chester
Appleton, in which he said he had heard
that there was possibility of a vacancy
in the Office Of county engineer and he APP
piled for the position. The communities
tion was placed on file for future reference.
Messrs. Birkhead and Fairbrother offer
ed resolution that it is not for the best
interests of the county to pay bounty
for the killing of foxes. This provoked
considerable discussion, some of the
members from the fox districts wanted
the bounty kept on the books. A vote
was taken and the resolution received 10
In favor, and against. The law requires
the vote to adopt this resolution to be two
thirds of all the members As there we're
not that number present. the resolution
was lost. 1t could not have been adopted
If all present had voted in favor of it, as
there was one short of two-thirds
Then there was a motion declaring the
Office of the clerk of the Board vacant
This did not require two-thirds vote and
it was quickly adopted.
The special committee on rules began
to read some changes that had been pre-
pared, but the director declared there was
not any use of taking up the time of the
Board with this procedure as there was
not a sufficient number of members
present to adopt the proposed changes.
This appeared to be about all that was
to be considered and motion to adjourn
was In order.
Thomas W. Fairbrother was not ready