Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1916-10-19
MANDAMuS
DISPOSED OF
City Council Makes Legal
Appropriation.
A new ORDINANCE
Interesting Discussion Relative to
Correcting Legal Error r1ade
by City, Council.

For an hour and half last night
City Council debated an amendment
to the appropriation ordinance pro-
viding for the legal appropriation to
the Park Fund.- thus disposing OF
the mandamus proceedings in the Su-
preme Court. An amended ordinance
was passed upon two readings, but
not until there was a full and decid-
| edly free expression of conflicting
opinions.
Immediately Council convened, Mr.
Holmes said that for several weeks
Eridgeton had been notorious through
articles in the local papers and else
where and he desired to present an
ordinance. This he did. The proposed
ordinance was an amendment to the
appropriation ordinance, and struck
out an appropriation heretofore made
to the Cumberland Park" and pro-
vided an appropriation of $4SOO.43 to
the Park Fund"
Mr.. Hettinger said he thought
Council was entitled to some infor-
nation and explanation This action
was all news to him and he would
like to know something about it.
Mr.. Holmes replied that the ordi-
nance was before Council and spoke
for itself. "It is no news to you,
said Mr.. Holmes to Mr. Hettinger
you have a COPY of the amended Or
dinance.''
Mr. Hettinger replied that Mr.
Holmes was mistaken. He said he
ha.. talked to, the Corporation Coun-
sci about an ordinance ''if we want to
pass one" Mr.. Hettinge- then ex-
plained that the park appropriation
had been divided in good faith and
while some people thought this was
ana Mr.. Hettinger thought Council
had complied with the law in every
respect. He wanted authority and
would like report from the Supreme
Court. There has been only an ap-
rlication for a hearing, said Mr.. Het-
finger and then asked: Suppose the
mandamus proceedings continue and
the Supreme Court renders report
in our favor, what then? I wouldn't
vote for the ordinance"
Mr.. Holmes said he did not care a
| copper about dividing the appropria-
lion, but the law is plain. 1t provides
for an appropriation to the park
fund.- The Solicitor, Mr.. Holmes
said says that the Park Commission
cannot be made to control "Cumber-
| land Park" To go into Court would
cost 5000 or $3.50, and the hearing had
been postponed until after this meet
ing.
Mr.. Channels wanted to hear read
the order from the Supreme Court
and the writ and petition served on
the President were read by the clerk.
Mr.. Hettinger said that Mr.. Holmes
had no authority for stating that the
law was backed up by the Supreme
Court.
II still say that said Mr.. Holmes.
"Is the law such that we have not
complied with it?'' asked Mr.. Hettin-
ger.
at certainly is" replied Mr.. Holmes
Mr.. Hettinger came back with: "You
are mistaken. I read the law differ
ently.'
THAT is your privilege, returned
Mr. Holmes.
Mr.. Hettinger said that he did not
want OF spend any money making a
defense in the mandamus proceed
ings. Mr. Hettinger was in favor of
letting the hearing go by default and
obtain decision from the Court.
Mr.. Holmes then asked permission
to have read copy of letter writ
ten by the Corporation Counsel to Mr..
Hertinger. The letter stated that
the proposed amended ordinance met
with the approval of the Park Com
mission and was legal method of
correcting an illegal action, and fur
ther that the Park Commission could