Perth Amboy evening news., 1922-03-23

,46 per hour moving snow .... $500
so per hour moving snow 80. .eooV
$50 per hour moving snow .... 3tsov
las per hour moving snow -. $1,000
ss.1o7.s5
why I have to advise you that the said
resolution is illegal. I will mention only
three of them, to wit:
/. The salary or compensation Of Mr.
BooZ IL not fixed.
2. The Council has no right to author
ize Mr.. Booz to obtain expert advice or
counsel, it being fundamental, that it
cannot delegate its powers.
or harter OF the City permitting the Coun-
Gil to appoint a Resident Engineer.
I will quote from the opinion in Hox-
ley VS.. Patterson. deided by the Court OF
pages 1856 &c In this case special coun-
sci was employed without the request of
the City Counsel.
poration to employ associate counsel
does not involve the right on the part
of the city authorities under the guise
of such employment to withdraw and
take out of tho hands of the city
counsel any particular case or cl.ss of
cases and to confde their management
to others"
The Court further on says:
IF the Board of Aldermen or any
committee of the Board can withdraw
part of the law business of the corpora
tion from the contrib Of the City Coun-
the whole, and II they possess 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 the consent of the Off
Ger. nor his incompetency or neglect of
duty could form any valid excuse for
the action Of the City authorities"
The principal Of law involved in the
ofnrAaaid deciRion annlfeR Tn the caae at
issue. 1 do not mean to infer from he
aforegoing that the municipal authorities
In the proper cases would not have the
right to employ additional counsel, but I
believe this can only be done upon his
request for professional aid or assistance.
Respectfully submitted.
LEO GOLDBERGER,
City Attorney.
Motion by Mr.. Waters that resoluti, IN
in relation to engaging Louis p. Booz, Jr.
as Resident Engineer be amended to read
as follows:
Owing to the necessity of immediate
and careful consideration of the Plan of
Elimination of Grade Crossings as present
ed by the Central Railroad of N. j., be it
and it 10 hereby resolved that Louis r.
Booz. Jr., be engaged as Expert Engineer
and as such engineer to prepare plans and
specifications and such other engineering
data for the proper presentation Of the
hearing before the Board of Public Utility
Commissioner of the State Of New Jersey
on the application for the elimination Of
said grade crossings.
The said resolution was adopted as
amended by the following vote: Yea
Waters. Patten. Mcclure. Clark, Calvin.
Nay-None. Mr.. ofeld-Passe
The veto OF the Mayor on the resolution
to engage Louis p. Booz, Jr., as resident
engineer. in grading crossing matter was
not sustained by the following vote: Sus-
tained-Sofield. Not Observation-Disclosures,
Patten. Mcclure, Clark. Calvin.
Motion prevailed that an ordinance en-
titled IAN ordinance to repeal an ordin-
ance entitled An ordinance to grant per-
to cross Washington Street East and West
Of Front Street with four railroad tracks,
sidings from and into the property TO the
Perth Amboy Dry Dock Company passed
December 30th, 1891. and approved by che
Mayor on January Sra. 1922" be taken up
for second reading. Said ordinance was
then ordered paesed on second reading by
the following vote:
Yea-Waters, Patten, Mcclure. Clark,
Calvin. ~Nay-Sofeld.
Notion prevailed, that the said ordin-
ance be taken up for third reading and
| final passage. Said ordinance was then
| ordered passed on third and final readings
| by the following vote: Yea-Waters. Pat
ten, MCGUIRE. Clark, Calvin. Nay-So-
field.
The following resolution offered by Mr..
Resolved. that the Committee on Public
Grounds and Buildings be and hereby is
autn0rlxeo To purchase iOr the use ol tue
Collector OF Revenue 1 Underwood Type
writer. No. Q, is inch carriage at a cost
not exceeding One hundred and seventeen
dollars and fifty cents $117.60).
was adopted by the following vote: Yea
Sofeld, Waters. Patten. Mcclure, Clark,
Calvin. Nay-None.
The following resolution offered by Nr.
Waters:
BE 1T RESOLVED BY THE COUNCIL
OF THE CITY OF PERTH AMBOY that
the $4,000 General Improvement Bonds
of the City OF Perth Amboy authorized
| adopted. be, together with the coupons
| for interest to be attached thereto and
the provisions to be printed on the back
thereof, in substantially the following
form:
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