Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-03-14
NJ GRAN HANDS
DOWN OPINION
ON NEW SCHOOL
No Official Copy Received in
This City as Yet; Expected
Tomorrow
MAY SETTLE TANGLE
Opinion Makes it Illegal to 90
Ahead With School,
WiIentz Says

Although the copy OF the opinion
has not yet reached thia city, City
Attorney David T. Wi1entz today
learned that Attorney General
Thomas McCran has rendered the
opinion requested of him by mem
bers of the Board of Education and
Board of Aldermen of this city with
reference to the issuance Of $450,009
bonds to pay the cost of erecting
a school in Hall avenue. The opin-
ion of the attorney general, accord
ing to City Attorney Wilentz, is that
it will be illegal this year for the
aldermen to appropriate the money
requested by the school board for
the new school. This view conforms
with the Interpretation of the bond
and school laws given by State Com
> missioner of Municipal Accounts
Walter r. Darby and City Attorney
F! Wilentz.
On Friday, March 2, a conference
was held between Alderman at Large
Richard J. Calvin, A. c. Clark, pres
1dent of the Board of Education, and
City Attorney Wilentz and at that
time the city attorney pointed out
that the city could not, under it's
financial condition, legally author
| ize the issuance of bonds for the pro-
posed school. The city attorney,
however, suggested that the opinion
of the attorney general be finally
procured because of the great i'm
portance of the subject and because
of the necessity of the school.
On March 5, a conference was
held at Trenton at which State Com
missioner Enright, Alderman at
Large Calvin and Alderman Benja-
min j. Riedy, A. c. Clark and Chris
tian Anderson. members of the
school board, City Attorney Wilentz
and Commissioner Darby were pres
ent. The matter was thoroughly
discussed and it was concluded that
two specific questions be submitted
to the attorney general the answers
to which would be dispositive of the
local situation. One question was
whether or not the school law as
referred to school Indebtedness
meant the gross school indebted
ness or the gross school indebted
ness less the school sinking fund.
The other question was whether an
ordinance would be legal authoriz-
ing the issuance of bonds for school
purposes in sum allowed by the
school law, but which would cause
the debt limit of the city to exceed
Z per cent.
The opinion of the attorney gen.
eral, which was filed today, accord
ing to City Attorney Wilentz, states
that the school law IN reference to
school debts means gross indebted
ness and decides further that an Or
dinance would be illegal if it author
lied the issuance of bonds in sum
which would cause the city debt
limit to exceed Z per cent. even
though such authorization was al
lowed by the school law.
The Board of School Estimate has
certified to the aldermen the de-
sired appropriation Of $450,000 for
new school. Tae aldermen have
been asked by the school board to
definitely say whether or not the
council intends to finance the build
of the school this year. The con-
ferences for the purpose of securing
a correct Interpretation of the school
and bond laws were the result. Last
year there was a controversy as to
whether or not the issuance of bonds
for school purposes would act
| against the debt limit of the city.
Numerous opinions were obtained,
indicating that bonds could be issued
for school purposes to the extent of
per cent of the real and personal
assessed valuations.
But the city comptroller and
others pointed out at the time that
the application of the school law
would cause the city to exceed the
debt limit of z per cent.