Perth Amboy evening news., 1913-01-03
=. OF REFORM
EXCISE BOARD UPSET



repeatedly told him 1t was not nee
essary 70 file bond, inasmuch as
previous boards had not done so.
According to written and signed
opinion by City Attorney Hommann,
1t was Imperative that the commits
sioners file bond for $500 before
entering on their duties and that
the bond be approved by the council.
1t is the intention of the commits
sioners to file their bonds with the
sity clerk today or tomorrow and
In Tuesday night, should they be
proved by the council, Monday
night.
Political significance is given to
the raising Of the point at this time.
:s1a Hommann insists there was no
poiitics connected with it. He claims
to have simply found it while scour-
Ing the excise laws for the new
) board.
Opinion of City Attorney.
-<-H His opinion, as given to Mr.. Germs
last night, follows:
January 2, 1913.
To Harry M. Germs, Esq.
Dear Sir:-The act under which
the city established an Excise Board
provides that the members shall
each give bond as provided by sec
ton of said act as follows:
An act to establish an excise de-
partment of cities of this state. APP
proved April 8, 1902. Pmaphlet laws
OF 1902, pages 628 to 630
"Section 4. The said excise COM
-missioners shall give such bond for
the faithful performance of their
duties as the Common Council Of the
city shall fix by ordinance, etc"
The ordinance establishing the
Board of Excise Commissioners pro-
yides as follows:
An ordinance to establish an ex-
else department of the City of Perth
Amboy.
"Section 8 That said excise COM
missioners shall each give bond to
the City of Perth Amboy before en-
tering upon the duties of their re-
spective offices with sufficient secur-
ity in the sum of $500 to be ap-
proved by the council OF said city"
Yours very truly,
: fSigned) c, G. HOMMANN,
City Attorney.
MFR. Hommann Is Interviewed
As proof that there could be no
bolitical Significance with the render
ing of his opinion yesterday, Mr..
Hommann gave an interview today in
which he told how 1t came about.
He saw but Mr. Germs and City Clerk
LaRoe in connection with the sub
bect Tuesday night Mr.. Germs
tame to him with copies of proposed
amendments to excise laws, resolu
fions, ETC., for his approval. He
Fool. the papers to his home New
Hears day to look them over. To
Ibfresh his mind on excise laws he
Deferred to several law books in an
I effort to see If the proposed acts Of
the board would be lawful. He first
referred to laws on the establish
ment of an excise board, he says, and
therein discovered that before enter
Hng on their duties, the commission
uers must each file bond for $500.
KNOWING that Mr.. Germs was going
faway to stay, he doubted he had filed
Ia bond, as he was going to attend
I.aHly- one meeting.
American. Hamburs-. unable to
e. u iyz-TsHss-.-...s--onme, as his
had been removed. He
on went to city hall and asked
sity Clerk LaRoe If Mr.. Germs had
d1ed a bond. He was astonished to
learn that none of the commissioners
Mad filed bonds His opinion over
his signature was the result and this
was handed to Mr.. Germs when they
met shortly before 8 O'Clock last
night.
Mr.. Germs Is Surprised.
Mr.. Germs stated In the committee
room before the other four commits
stbners and the reporters that he had
/ called on Mr.. Hommann, Monday
night and turned over certain papers
! for approval. He declared ne was
surprised to receive the opinion at
such late hour.
When an effort was first made to
see Peter A. Peterson this morning
concerning his advice to the excise
commissioners, he sarcastically said
4 g.I don't want to see you, am busy
I *h;s morning." Afterwards he in
Il