Perth Amboy evening news., 1922-07-06
MINUTES
Proceedings of the Board of Aldermen OF
the City of Perth Amboy, y. j.
May Is. 1922

Regular meeting of the Council Of tn
City of Perth Amboy, N. j., held Ma.
18th, 1929. All the members were presen
namely: Aldermen Soheld. Waters. Pat
ten, Mcclure. Clark. Riedy and Alderma
st-Lsrge Calvin.
On motion the reading of the minute
of the meetings of MAY list and 5rd wa
dispensed with, and the minutes approve
as printed.
The President announced that bids 10
removal of garbage. painting Of interior o
Almshouse. and furnishing of Ave pas
senger automobile. would he received a
this time.
Motion by Mr.. Patten prevailed tina
bids for removal of garbage be returne,
to the various bidders unopened and tina
the Clerk be instructed to readvertise 70
bids for the removal of garbage ant
ashes: said bids TO be received by thu
Council on June 5th. 1922, at 3 p. NJ
Daylight Saving Time q T. NJ. STANDARD
time.)
Motion prevailed that bids for the paint
ing of the interior of the Almshouse b.
opened
One bid was received. which was as fol.
lows:
j. F. TANGAARD & SON
First Bid-Repainting of walls and cell
ings. $4,000.
second Bid-Repainting OF wood work
s11e.00.
Third B~id-Repainting of the above
two combined, $4,000.
Motion prevailed that said bid be re
ferred to the Committee on Poor.
Motion prevailed that bids for the fur
nishing of one five passenger automobile
for use of the Police Department be open
ed. Bids were as follows:
Frank Van SICKLE. Dodge car. ss65oo
Garretson Company, bort Car, SS6b,oo
ellis & Fries. Durant Car, s9Sb.O0
superior Garage Co, Columbia Six, 1886. 81
Motion prevailed that bids for furnish
Ing of automobile be referred to the Pc
lice Committee.
Motion prevailed that Council take re
cess to consider bids.
The Council reconvened.
REQUEST of Meyer Karkus to have Wei
rup Street leveled with Brace Avenue
was received and referred to tn Com
mittee on Streets and Sewers.
Request for return of ash and garbage
canto Chas. Beck, was received ana re-
ferred to the Committee on Streets and
Sewers.
Opinion Of the City Attorney was pre-.
sented. Motion made by Mr.. Clark thai
this letter be spread in the minutes and
referred to the Judiciary TINS
motion was amended by Mr.. waters &c
read that same be referred TO Comnllttet
of the Whole and spread in the minutes
Motion of Mr.. Waters was carried by tins
following vote: Yea-Soheld. Waters, Pat
ten, Mcclure. Clark. Riedy. CALVIN. Nay
None. The opinion of the City At
torney read as follows: ~
Council of the CITY of Perth Amboy
Perth Amboy, N. j.
Gentlemen:-
public to believe that the appeal in the
matter of John Seaman VS.. The Lehisn
Valley Railroad Co. and the CITY oil
Perth Amboy regarding the siding on
High Street was taken in a secret man
ner' I was rather surprised to note the
resolution that was introduced at the
Councils last meeting, REQUESTING that !
withdraw from the appeal. This is 70
advise the Board that formal appea, IN
its case was taken and will be argued IN
The June Term of the Court OF Errors
and Appeals, unless your Board instructs
me to the contrary.
The appeal was taken and was practi-
cally known to every member OF the
Board with the possible exception of one,
who happened to be in Florida during
the said time.
II ia very evident that politics has crept
into this legal matter for the purpose OF
discrediting another member of the Board.
/ wish to call the attention OF the
BOARD to the case of Conot vs. chicago
III Ill. 233, wherein the court said:
I've are of the opinion that the CITY
Attorney occupies a somewhat different
position from one employed to prosecute
or defend a particular case. subject 10
the general supervision which the Ci.y
Council has over him., 1t Is MS duty 10
Iook after and protect the City in all legal
controversies and litigation. so far as he
is able, unless directed by the city TO the
contrary" The court further on avs: we
are of the opinion that he not only hau
the power of making motion to appeal
INF mat IL was highly proper for him TO
40 so. After having duly prepared the
way for an appeal it is his duty to report
$500 "a the city'' with a
statement of his views with respect 10
The appeal" IT,.
NV advices in the matter are these, thai
the Council having passed an ordinance
with only vote in oppositlon IL was INV
duty of the City to back-up It's oroih-
made attempt to repeal said ordinance as
II did in the Perth Amboy Dry DOCK Co
matter. 1t Is immaterial to me what your
action in the matter will be, but L take
it for granted and / believe l. had a rlsht
to do O. that you desired the ordinance
to be upheld. 1t,
Furthermore the cost of the appeal Will
above the matter rests with you. whether
not be borne by the City. AS stated
YOU desire me to proceed with the matter
or not.
Respectfully submitted,
LEO GOLDBERGER,
City Attorney.
The following remarks were made by
Mr.. Clark: a..
Job, X Aaman, a property owner on the
nortrN de of High Street. who felt
tina liberty would be damaged II q
raA->yack was laid. asked ioh ma,
0tN& NM WIFI VI
NN\SS before a single judge by consent
%NNTer going into the matter in detail
NNAtice Bergen decieed against the Ran
\Fbad Company.
,nn, has been given by the City, a Notice
of Appeal was served on Joseph H. StlrcN-
err. on February IA, 1922, by Thomas
Brown, Attorney for. and Counsel Ior, ,ns
city. Said Thomas Brown being Counse
for the Standard Underground Cable 90
who authorized him to act as Couhse
for the City of Perth Amooy? 49,
Joseph e. Stricken. Attorney for Johr
seaman. to witt
please take notice that the argumen
of the appeal in this cause VIII be mover
before said Court. on the third TuesuaS
IN .June. A. d. 1922. at the State House II
The city of Trenton. N. j., at IL o'clocf
IN the forenoon, or as soon thereafter as
'AS LEO GOLDBERGER,
Attorney of Defendant-Appellant
70 the aforesaid communication is al
the CITY Attorney says IL is, how doe'
Inc CITY Attorney reconcile himself TO .
communication presented by MN 70 .n'
city Council on April 1sth' the Iest tnie'
paragraphs of said communication ie"'
.Kindiy advise me whether you desire
sny steps to be taken in the above mat
ter. The only remedy. 1 can see is &c
appeal by certlOrarl u II psItSH
n that is your desire it Will be neces'
s.rv that a resolution be passed authori
ling me to proceed accordingly.
I wish TO say, however. in this connec
4ion that I am not sanguine that th'
surreme Court will upset the order of tht
Utilities Board.
Respectfully yours,
LEO GOLDBERGER,
City Attorney"
W, will observe that the City Attorne,
notifes the Boar dthat he has made for
NAL appeal in the case. which is the mrs
intimation TO the Council that such appea