Perth Amboy evening news., 1913-01-04
OPINION GIVEN
BY PETERSON
Says Excise board Could
Have Organized.

That the new Board OF Excise
Commissioners could have organized
without filing bonds is the opinion
of Peter A. Peterson, head of the
Civic Union. He issued a statement
today in which he made it known
that it would have organized Thurs
day night, Notwithstanding the opin-
ion of the city attorney, had he been
present. The lawyer contends that
the board could have proceeded to
business and acted without filing
bonds, Just as well as the former
board did.
The Civic Union head states he Is
very sorry that the board did not file
bonds, as he claims to have advised
on more than one occasion. He sets
forth that Mr.. Hommann's state
ment was simply of the laws without
comment OF Interpretation. The city
attorney does not venture to say
that the board could not serve where
there Is no objection, for the a
o that he knows better, the lawyer
states. SO that when Mr.. HON.
mann's opinion, containing quota
tions from the laws, was produced
Thursday night. the new commits
sfoners should not have halted. They
should have taken advantage of the
presence of Harry NJ. Germs, for the
first and last time at a meeting and
organized, Mr.. Peterson contends.
His statement regarding the sub
ject follows:
I have read the written opinion Of
the city attorney and also about the
matter concerning his statement as
regards the excise matter. At my
request, Mr.. Germs brought the pro-
posed supplements and amendments
to the ordinance concerning inns
and taverns, etc, Of this city, to Mr..
Hommann. This was suggested, by
way of courtesy, Mr.. Hommann be-
ing the legal adviser of this city.
Mr.. Hommann evidently found no
fault with the work as nothing ap-
pears to that effect in his opinion or
statement. On the other hand he
volunteered with information, which
Mr.. Germs informed me, was not
asked for. The opinion is simply
a hacked statement of the law as it
appears on the statute books with
out comment or Interpretation. Mr..
Hommann does not venture to say
that the board could not serve
where there is no objection. He
knows better. If the old board
could serve and act without the fill
ing Of bonds, why cannot this one?
Every lawyer knows that the acts
of a board de facto cannot be at
tackled in a collateral proceeding. I
am very sorry that the board did not
file their bonds, as | had advised on
more than one occasion.
Had I been at hand on Thursday
evening the board would have or
ganized. notwithstanding the opin-
ion of the city attorney.
PETER A. PETERSON.
The Civic Union leader takes ex-
ception to the criticism heaped upon
him at the gathering of the new ex-
else commissioners In city hall
Thursday night. He asserts he has
repeatedly advised them to file
bonds. Harry M. Germs gave state
ments to the contrary, claiming the
lawyer had told him 1t was not nec-
essary to Ale bonds. Mr.. Seaman
stated at the gathering that Mr.. Pc
terson had repeatedly advised him
to file a bond. Mr.. Boehm did not
say the lawyer had advised n way
or another, but when called on the
telephone. stated he had been adj
vised by Peterson to file a bond, but
having received an intimation else
where that it was not necessary, he
did not do so.