Perth Amboy evening news., 1922-05-16
CLARK FAILS TO STOP
CITY TYATT0RNEY'S MOVE
IN CABLE WORKS CASE
Resolution of Alderman Clark
Dies When it is Not
Seconded
WATERS EXPLAINS STAND

Alderman John ]. Clark's second
effort to have the aldermen adopt
a resolution instructing the city at
lorney to discontinue his appeal for
the city in the Cable Works siding
matter failed fiat last night. His
motion that the resolution be adoRt-
ed was not even seconded and con-
sequently died.
At the last meeting of the hoard,
when the resolution was first intro
duced bv him. he had the favorable
votes of Aldermen Benjamin A.
Riedy and John Sofield. Since then
ed that the city will not be forced
10 pay anything to the city attorney
for the case and they decided not
to take any preventive steps which
would stop him from going through
With the case.
The Cable Works-City Attorney
matter was opened at the meeting
with the receipt by the aldermen
OF a letter from Leo Goldberger ex-
planning his actions in the case.
This letter. which follows, was re-
ce.ved. ordered placed upon the
minutes and referred to the COM
niittee of the whole:
''An attempt has been made TO
lead the public to beli~ve that the
appeal in the matter of John Sea-
man VS.. the Lehigh Valley Railroad
Company, and the city of Perth AM
boy regarding the siding on High
street, was taken in a secret manner.
I was rather surprised to note the
resolution that was Introduced at
he councils last meeting. requesting
that / withdraw from the appeal.
This is to advise the board that for
NAL appeal in it's case was taken and
will be argued in the June term in
the court of errors and appeals, un-
less your board instructs me TO the
contrary.
"The appeal was taken md was
practically known to every member
of the board with the possible excep-
ton of one, who happened to be in
Florida during the said time.
1T is very evident that politics
has crept into this legal matter COR
the purpose of discrediting another
member of the board.
II wish to call the attention OF
the board to the case of Conot VS..
Chicago. ia ILL.,, 233. wherein the
court said:
"'We are of the opinion that the
city attorney occupies somewhat
difficult position from one employed
to prosecute or define a particular
case. Subject to the general SUPER
vision which the city council has
over him, it is his duty to look after
and protect the city in all legal con-
troversies and litigation. so far as
he is able. unless directed by the
city to the contrary The court
further on says: We are of the opin-
ion that he not only had the power
of making motion to appeal but
that it was highly proper for him to
do so. After having duly prepared
the way for an appeal it is his duty
to report the same to the city
with a statement of his views with
respect to the appeal.
NV advices In the matter are
these, that the council having passed
an ordinance with only one vote in
opposition, it was the duty of the
city to back up its ordinance, other
wise the council should have made
attempt to repeal said ordinance as
il did in the Perth Amboy Dry Dock
Company matter 1t is immaterial
TO me what your action in the matter
will be, but I take it for granted and
1 believe had right to do so. that
you desire the ordinance to be up
held.
Furthermore, the cost if the APP
peal will not be borne by the city.
as stated above, the matter now
rests with you. whether you desire
me to proceed with the matter or
not.
Respectfully submitted.
LEO GOLDBERGER,
"City Attorney"
Alderman Clark. under the head
Ing of remarks. took exception &c
the part of the city attorneys letter
in which it stated that practically
the whole board knew that he was
going to appeal the supreme courts
decision. The fifth ward alderman
maintained that there is no record
to show that the city attorney was
authorized to make the appeal.
Quoting from the minutes of the
meeting of April 10. at. which time
Mr.. Goldberger had a communica-
tion before the board asking IL they
desired him to appeal the decision
of the Public Utility Commission
granting permission to the Lehigh
Valley railroad to lay four tracks
across Washington street joining
lands of the Perth Amboy Dry
Docks Company, Mr.. Clark read: