Perth Amboy evening news., 1922-02-18
MAYOR To OVETO
NAMING OF B00z
City Attorney Says Alder
mems Action Was Illegal
Gives Reasons
MAYOR GETS OPINION
Aldermen Urged to Take 9th
er Action in This Matter
by Mayor
MAYOR GETS OPINION

Following the receipt of a written
opinion from City Attorney Leo
Goldberger this morning Mayor
William G. Wilson announced that
he would veto the resolution passed
by the aldermen at their last meet
ing naming Louis y. BooZ. Jr., resi-
dent engineer in the grade crossing
elimination matter and giving him
power to engage expert advice. The
opinion informs the mayor tEat the
action of the aldermen is Illegal in
that no compensation is stated with
reference to Mr.. Booz's salary. that
the board has not the power to
name resident engineer and that
the board only can engage expert
advice.
Mayor Wilson in commenting up
on his action said he would veto the
resolution because of the city attor-
ney's opinion that it is Illegal but
he said he did not oppose Mr.. Booz
being named if the aldermen were
in position to do so legally, He
will urge the aldermen to take steps
at Monday nights meeting, he said.
in order that grade crossing elimi-
nation proceedings will not be held
up. II. do not want to see the pro-
ceedings held up by any illegal ac-
ton" the mayor said. Il want to
push this matter to the limit but
realize that it must be done through
the proper legal channels according
to law"
The mayor said it is his opinion
| that it is the duty of the city plan
commission to engage expert advice
/ on the matter, but he will not stand
I In the way if the aldermen acl in
; y cad, they, and not Il person dele
I tod hU than1 syi,, I,a .,,.t
advice.
The city attorneys opinion fol-
lows:
February IL, 1922.
/ Hon. William G. Wilson.
Mayor, City of Perth Amboy,
| CITY Hall. City.
In reappointment of Louis j.
! Booz as resident engineer and au-
thority to, engage expert advice.
Dear Sr:-Responsive to your
request as to the legality of the ap-
pOintment of Mr.. BooZ as resident
engineer and his authority to engage
/ expert advice or counsel necessary
! for this work there are several rea-
- MS why | have to advise you that
! the said resolution is Illegal. / will
mention only three of them, to wit:
The sa,ary or compensation OF
! Mr.. Booz is not fixed.
1.-THE council has no right to au-
! thcrize MI Booz to obtain expert
advice or counsel, it being funda-
mental. tEat it cannot delegate its
| powers
II do not find anywhere in the
! laws or charter of the city permit
| ting the council to appoint a resi-
dent engineer.
II will quote from the opinion in
Hoxlcy VS. Patterson, decided by the
! Court of Errors and Appeals in 40
! n j. Law, pages 1876 etc. In this
ease special counsel was employed
/ without the request cf the city coun-
! Sc.
''--But the power of the corpo-
J ration to employ associate counsel
| doea not involve the right on the
/ part of the city authorities under
| the Euise of such employment to
withdraw and take out of the hands
of the city counsel any particular
/ case or class of cases and to confidc
/ their management to others.
"The court furtheH on says:
! eff the Board of Aldermen or any
committee of the board can with
draw part of the law business of the
! !GflDO1dtlOIl litlil the CpIti'l VI bi'
city counsel. they can. in Ike man
ner dispose of the whole. and ii they
/ cssess this power in relation to the
duties of the city counsel they have
the same power in relation to the
duties of every city officer. Neither
tie consent of the officer, nor ms
! incompetency or neglect OF dut!
could form any valid excuse for the
! action of the city authorities.
THE principal of law involved IN
the aforesaid decision apples to the
case at issue. | do not mean tt
infer from the aforegoing that th'
municipal authorities in the proper
ca ses would not have the right te
employ additional counsel. but !
believe this can only be done upor
his reuues. for professional aid OF
assistance.
Respectfully submitted
LEO GOLDBERGER,
"City Attorney