The Penn's Grove record., 1920-12-17
Contractor Objects
To Annulling Contract
Lawyer Grier Appears For Con.
tractor Burke In Matter of
Repairs to State Street
and r. r.. Avenue

There was a brief session of the
Mayor and Council in the Borough hall
on Tuesday night. Considerable bust
ness was left unfinished as Messrs.
Fahy and Pyne were compelled to re-
tire early on account of important per-
sonal engagements. leaving the Council
without a quorum.
Mayor S. M. Hunt presided. Members
present: Dennis Fahy, George NJ. Pyne.
Robert M. Walker. Edward H. Keen, Jr.
Other officials present were Clerk W.
A. Hunt, Solicitor S: Rushing Leap, As
SCISSOR j.. N. Layman, Chief Marshal
lHousceworth.
Lawer w. A. w. Grier, of Salem, was
given the privilege of the floor in be-
half of j. F. Burk, contractor. At a
previous meeting a contract for repairs
to State Street and Railroad Avenue
entered into with Mr.. Burke was AMI
nulled, as the work had not been COM
menced. and it was thought more
favorable conditions in the matter of
labor and material by next spring
might result in reducing the cost of the
work.
Mr.. Grier said he was not present to
a up the matter of resembling the
contract from a legal standpoint, al
though the award being made, the
papers signed and a certified check for
91uUU pldCtu Will the DOTOuBn officials
as a guarantee of good faith, made it
binding. He simply desired to present
Mr.. Burk's side of the case and have
the Council reconsider it's action taken
at the previous meeting. Delay in be-
ginning the work this fall was due to
lack of material and this was under
stood by the members at the time the
contract vas made. The minutes of
the meeting at which the contract was
a " 1.Had Ghnxy that NO. y tim wa
fixed to begin the work, other than it
would be commenced at once if cir
cumstances permitted. Otherwise it
would be postponed until next spring,
as the work could not be done in winter
weather. Mr.. Burke had assured him
that the work would be commenced in
the spring as early as possible and
hurried to completion. He hoped the
Council would do justice to Mr.. Burke
by reconsidering its action.
Solicitor Leap was not sure that a
contract entered into in 1920, based
upen money provided for it in the bud
get of hat year and upon which no
work had been done would hold good
in the following year. In such a case
there would be no funds to pay for the
work as each years budget provisions
were settled up at the end of the fiscal
year. He was also of the opinion that
if the work had been commenced be-
fore cold weather set in much of the
surface of the roads could nave been
saved which will now be beyond re-
covery as by next spring the surface
will have practically disappeared. Mr..
Burke has had ample opportunity to
begin the work instead of waiting for
spring. thereby entailing added eX-
pense upon the Borough.
Decision in the matter was withheld
until a future meeting.
Treasurer David P. Featherer re-
ported to the Finance Committee a
fund, $4,000. Miscellaneous accounts,
including licenses, court fines, etc,
$7,529.57.
Collector Featherer was instructed
to prepare and have ready by the next
meeting a detailed report of the
revenue received from the various
properties taken over by the Borough
in the payment of taxes.
Assessor J.. N. Layman said he hoped
the taxable values would be as much
this year as last despite the depres-
sion. Last year the total valuation
was S2,894. 900. There would be a de-
probation in personal valuations, many
having removed from the Borough dur
ing the year. He hoped, however, that
this would be overcome by new con
struction in real estate. 1t was not
likely there would be any increase in
the tax rate.
The Council adjourned to meet on
Tuesday evening to continue work on
the delinquent tax lists.