Five Mile Beach weekly journal., 1921-12-02
COMMISSIONERS MEETING
Continued from page 1

State Board representative Will be
publicly announced, so that all per-
sons interested may be on hand to pre-
sent their side of the case. The claim
has beer made by citizens residing on
East Roberts avenue that the gas main
in that section is not large enough to
serve the needs of the consumers
there. A previous inspection by a rep
resentative of the State Board did not
result in a recommendation being
made for the installation of a larger
main. The opinion stated the present
main g inch) is of sufficient capacity
to meet all requirements under con-
ditions now existing. At that time
tests had been made by means of a
pressure gauge and the service in that
street was reported as being up to
normal.
A communication from Irving Fitch,
of Sea Isle City, was next read. He
is the clerk of the Cape May County
Board of Chosen Freeholders and his
letter had reference to a vacancy now
existing in the membership of that
board. His letter ran as follows:
"In accordance with Section 3,
Chapter 1856, of the 1918 Pamphlet
Laws, you are hereby notified that a
vacancy in the Board of Chosen Free
holders has been caused by the re-
moval from office of Chosen Freehold
ers of Otto Koeneke, representing
the City of Wildwood"
This communication was no acted
upon. 1t was ordered to be filed, pend
ing further consideration. Some doubt
has been raised as to whether or not a
acancy does really exist and legal
opinions are being sought on the moot
ed question. 1t is rumored that the at
torney general of the state will be APP
peaIed to for his opinion of the con-
troversy. The Mayor stated thai he,
personally, had written to Judge Black
of the State Supreme Court, asking for
advice, before taking any step toward
filing the supposed vacancy. The
Mayor explained that he was prompted
to communicate with Judge Black for
the reason that this jurist was promi-
nently identified with the Cape May
County investigation, having granted
the original petition by means OF
which the examination was begun and
who was largely instrumental in get
ting bills of Indictment before the
grand jury. The Mayor was not very
optimistic in regard to hearing from
Judge Black. "He may answer my
letter, and again, l may never hear
from him." continued the Mayor. He
took a chance, as it were; but of
our commissioners are not
leaning solely on any n authority.
The advice of their WI solicitor was
likewise sought, and his view of the
is contained in the letter he
addressed to the commissioners at the
last meeting and the contents of which
are herewith produced:
my opinion is asked as to whether
your board can at this time fill the
vacancy existing in the Board of
Chosen Freeholders of this county by
reason of the conviction and plea of
non vult of one of the members, who
represented the City of Wildwood on
said Board.
"After a most thorough examination
of the laws of this state I beg to adj
wise that the law now in force as to
filling vacancies Up. L. 1918, page 624)
in Board of Freeholders, by munich
palities of this county, does not apply
to the counties whose voters have
adopted the provision of the small
county, at the last general election,
adopted this act, there is, therefore,
no authority existing in the Board
of Commissioners of the City of Wild
wood to fill the vacancy in question"
The opinion of the city solicitor was
taken under Amusement. The Com
missioners will not attempt to make
any appointment to fill the alleged va
cancy in the Board of Chosen Free
holders until the legal status of the
question is determined beyond a doubt.
A letter from W. S. Darnell, of Cam
den, was next read. He is the at
torney for the Wildwood Beach Realty
Co. The contents of his letter bore
directly upon the matter of the grant
by the said Beach Realty Co. for the
consideration of $1.00 to the City of
Wildwood, of a strip of land 200 feet
wide, with a depth of 1000 feet, lying
between Young and Roberts avenue,
and extending oceanward from the
new boardwalk. 1t was the opinion of
Mr.. Darnell as well as of our own city
solicitor, that the passage of Ordi-
nance No. 126, repeating or resembling
No. 120, would invalidate
the title of the city to the section of
land referred to. and that the title
would, in consequence, revert to the
original owners To obviate this and
to permit the title to remain in the
City of Wildwood, the Board of Direc-
tors of the Beach Realty Co., at a re-
cent meeting, took action looking to
this end. In a long preamble, followed