Five Mile Beach weekly journal., 1917-01-12

49, ~ A. "Obfo Ho'S 0@0A u
failure. however. because of lack of
sufficient funds. had not the ~statehouse
commission taken advantage of chap
ter 40 of the laws of 1916 and COM
bined the bureau of audit and requisi-
tons of the comptroller's department
with it. Naturally the first cost of es-
tablishing the department, including
the preparation and printing of its
schedules, forms and contracts. will
be large. On Nov. 1 last the sum of
$4,000 became available for the use of
the department. and by Dec. 1 it had
II CURED obligations for printing and
advertising amounting to about $6,670.
which leaves a balance for the contin-
uation of its work for eleven months of
only $1,000, out of which the salary of
the purchasing agent must be paid at
the rate of $416.66 monthly. To give
this department a chance to demon
strate its efficiency during the current
year it is imperative that a supple
mental appropriation be allowed it. 1t
would be good business to amend the
law so as to authorize the department
to make purchases for cash from time
to time, in advance of acquisitions, of
goods in large quantities as the sea
son or special opportunities for low
prices make suchpurchase wise and to
provide it with a fund for such pur-
chases. The goods could be held by
the seller to be delivered as required,
and the fund could be recouped as the
goods were requisitioned.
The "Basin of 1867"
l direct your attention to a decree of
our court of chaneery in the case of
McCarter, attorney general, versus Lee
high Valley Railroad company as
N. J. EQ. 346). which decree declared
void a grant made July u, 1889. by the
riparian commissioners of this state
conveying to the Lehigh Valley Rail
road company for the consideration of
$4,000 the right of reversiOn of the
state in lands in Jersey City. known
as the "Basin of 1867" adjacent to the
Morris canal property, upon condition
that the state should pay to the rail
o company on or before the first
Tuesday of March, 1913, Or within
such further time as thereafter should
be allowed by the court the sum of
$4,000 with interest at 6 per cent
from Dec. 20, 1899. The decree was
affirmed by our court of errors and ap-
peals March 8, 1916 COG Att. Rep. 1910,
whereupon the attorney general made
onpIi0o tinn fn fhn oAIIrt of nhananrv
for an order designating the time for
payment of the amount mentioned in
the original decree of that court. Upon
such application the court said that the
legislature should be given a reason
able time within which to make provi-
sion for the payment, and it fixed
March 1, 1917, as the time within
which the sum in question should be
paid.
The consideration of $4,000 for the
grant aforesaid was paid by the rail-
road company into the treasury of the
state and was by the state treasurer
credited to the Income of the school
fund" Our constitution provides that
money or property appropriated or re-
ceived into the treasury for the support
of our public free schools shall be Sc
curely invested and shall remain a per-
petual fund and lit shall not be COM
petent for the legislature to borrow,
appropriate or use the said fund or any
part thereof for any other purpose UNI
der any pretense whatever" The mon
ey in question was not separately in
vested, but went into the school fund
and there was commingled with other
money received by the same fund, and
(if it has not been expended for the
purposes of the fund.- it has now no
separate identity, and it certainly has
not earned 6 per cent interest contin-
uously from the date it was received
tional provision quoted l am of the
opinion hat the legislature cannot take
from the school fund any money to
apply toward the sum now necessary
to be paid. 1t surely cannot take any
part of the school fund not derived
from the $4,000 originally paid. Since
it is of the utmost Importance, because
of the value of the land involved, that
the amount due the railroad company
shall be paid before March l all ques-
ton of an unconstitutional attempt to
take from the school fund any part of
the sum required should be avoided.
and the payment ought to be made in
full from the general funds of the state
available for state purposes. | recon-
mend that you pass at once a special
appropriation bill providing for pay
ment out of state funds to the Lehigh
Valley Railroad company of the sum
of $4,000, with interest at 6 per cent.
from Dec. 20, 1889. The amount need
ed will be in excess of the sum of
$125,0O0.
A RegretfuI Farewell.
In ending my official connection with
the state | venture to hope that | have
been of some service in aiding those
whose endeavor it has been to so con-