Perth Amboy evening news., 1921-07-18
SAY MEETING WAS LEGAL
School Laws Do Not Provide
for Manner of Holding
Meeting, they claim.
EXPECT FURTHER ACTION
Board of School Estimate
Looked Upon to Get To-
gether Shortly

Two opinions have been received
by City Attorney Leo Goldberger
from the firm of Caldwell and Ray
mond. municipal bond attorney OF
New York city, in which they main
tain that the meeting of the Board
of School Estimate held several
weeks ago together with the action
taken at that time in resembling re-
solutions formerly passed by that
body was legal. According to the
bond attorneys. there is nothing be-
fore the Board of Aldermen upon
which action can be taken" as it is
necessary for the Board of School
Estimate to again meet and author
ize the additional school work.
The Board of Education contends
that the meeting at which the resolu-
tions were rescinded was illegal in
that it was called by the mayor with
out the proper authority. The opin-
ions now received state that the
school law makes no provision for
the manner of calling and holding
meetings of the Board of School Es-
innate and points out that the fact
that every membersof the board was
present would indicate that they con-
sidered 1t legal or would not have at
tended.
The opinions follow:
July II, 1921.
IRE Certain Proposed School Appro-
priations.
Leo Goldberger. Esq, City Attor-
ney, Perth Amboy, N. J.
Dear Mr.. Goldberger:
1--WE have your letter of July s.,
with the enclosures therein men
toned, in which our opinion is asked
as to the legal status of the two
school appropriations mentioned be-
low, as fixed and determined by the
Board of School Estimate on June
22, 1921
ut appears that the following are
the facts with respect to these ap-
preparations:
IL. At a regular meeting of the
Board of Education of the City of
Perth Amboy, held June 2, 1921,
separate resolutions were adopted
deciding that it was necessary to
raise money for the following pur-
poses and fixing and determining
the amounts necessary therefor as
follows:
"(a) To erect and furnish a school
building on the block bounded by
Hall avenue, ETC., $450,000.
"(b) To enlarge and furnish the
high school on State street, $4,000.
"2. Statements covering "a" and
"b' were accordingly prepared and
delivered to each member of the
Board of School Estimate, pursuant
to Section 76 of the School Law.
"3. The Board of School Estimate
at a meeting held June %, 1921,
fixed and determined the amount
necessary for each of the above
purposes in the sum of $450,000 and
$4,000. respectively.
"a. Two separate certificates, ac-
cordingly, covering each of these ap--
preparations, were executed and
signed by all five members of the
Board of School Estimate.
"5. One original of each of these
certificates was left by the secretary
of the Board of Education with the
city clerk, but the certificates so
handed to the city clerk were not
marked by him Filled" or RE
and on the same day both
certificates were recalled by a mem
Der of the Board of School Estimate.
&c. On June 20, 1921. a notice.
called by the mayor, was served on
each member of the Board of School
Estimate calling a meeting for July
1, 1921, at nine A. NJ, at the City
Hall.
az. A meeting of the Board of
School Estimate was accordingly
held on July / at the appointed
place and hour, at which every mem
ber of the Board of School Estimate
was present.
"8. At this meeting a resolution
was passed by the affirmative vote
of three members of the Board of
School Estimate. as follows:
"'Resolved. That the action taken
1T the meeting of this Board. held on
June 22 1921, with reference to fix
ing the amount of money necessary
for enlarging and furnishing of the
high school and also fixing and furn-
shing of the school building on Hall
avenue, be. and hereby is, revoked
Under this state of facts, it seems
TO us quite clear that there is moth
ing before the Board of Aldermen
which may be made the basis of an
by that body of any
sum or sums whatever for the pur-
poses above mentioned. We think
It was competent for the Board of
School estimate at any time before
the Board of Aldermen acted upon
he certificate dated June %. and de-
livered to the City Clerk, as above
(Continued on page 2)