UC-NRUF j.9/3 Jew 3< Commission Government ^ Haw & FOURTH EDITION REVISED AND ANNOTATED WITH COURT DECISIONS, BY LEWIS T. STEVENS OF THE NEW JERSEY BAR PUBLISHED BY ALBERT R. HAND CAPE MAY. N. J. PRICE $1.00 1921 Hmenbants SUPPLEMENT TO NEW JERSEY COMMISSION GOVERNMENT PLEASE KEEP THIS IN BOOK CHAPTER 104. An Act respecting cities of the first class and pro- viding for the nomination and election of commis- sioners elected therein. BE IT ENACTED l)ij the Senate and General Assembly of the State of New Jersey: 1. Hereafter in every city of the first class in this State there shall be held a primary election for nominations for commissioners required to be elected therein, and the first primary election for such nom- inations shall be held on the fourth Tuesday in April following the adoption of this act, and thereafter the primary election for such nominations shall be held on the second Tuesday in April in the fourth succeeding year and on the second Tuesday in April in the fourth year thereafter. 2. The election officers conducting the last general annual election shall be the officers of the primary election as well as the officers of the general municipal election, and the primary and municipal elections shall be held at the same places and conducted in tl^ same manner so far as possible, and the polls shall be opened and closed at the same hours as provided by the general election laws. The names of candidates for commissioners shall, nt least ten days prior to the primary election, be filed with the city clerk in the manner and form and under the conditions hereafter set forth, and the petition of nominations shall consist of individual certificates equal in number to at least one-half of one per centum of the ; entire vote at the last pre- ceding general election, but in no event less than twenty-five, and said petition shall read substantially MS follows: PETITION OF NOMINATION. I, the undersigned, a qualified elector of the city of , residing at , certify that I do hereby join in a petition for the nomination of n whose residence is at , for the office of commissioner, to be voted for at the primary election to be held in such city on the 19. ., and I further cer- tify that I know this candidate to be a qualified elector of said city and a person of good moral character, and qualified in my judgment for thf duties of such office, and I further certify that I have not signed more petitions or certificates of nominations than there are places to be filled in the above office. (Signed) :... Being duly sworn, deposes and says that he is the person that signed the foregoing certificate; that the statements contained therein are true and correct. (Signed) Subscribed and sworn to before me It shall be the duty of the city clerk to furnish upon application a reasonable number of forms of individual certificates of the above character. Each certificate must be a separate paper and must contain the name of but one signer thereto, and no more, and shall contain the name of but one can- didate, and no more. Each signer must not, at the time of filing the certificate, have signed more cer- tificates for candidates for that office than there are places to be filled in such office, and in case an elector has signed two or more conflicting certificates, all such certificates shall be rejected. When such a petition of nomination is presented for file to the city clerk, he shall forthwith examine the same and ascertain whether it conforms to the provisions of this section, and if not found in con- formity thereto, he shall designate the defect and return the petition forthwith to the person present- ing it, which may again be presented forthwith when properly amended. Immediately upon the expiration of the time for filing certificates, statements and petitions for can- didates the sqid clerk shall cause to be published for three successive days in all the daily newspapers pub- lished in such city, in proper form, the names of the persons as they are to appear upon the primary bal- lots, and if there be no daily newspaper, then in two issues of any other newspapers that may be pub- lished in said city; and the said clerk shall there- upon cause the primary ballots to be printed, au- thenticated with a facsimile of his signature. The city clerk shall draw lots to determine the order in Y.Mich Lie rrimss of the cand. dales, or pr mp of p-n- didates, shall apprnr upon the primary ballots. The name of the person, or group of candidates first drawn shall occupy the first place on the ballot and the name of the person, or group of candidates next drawn shall occupy the second place, and so forth. The manner of drawing the lot shall be as follows: Paper cards w r ith the name of each candidate, or group of candidates, written thereon, shall be placei in a covered box with an ap'erture in the top large enough to allow the said cards t:> be drawn there- from. The city clerk in the presence of any candi- date, shall draw from the box each card without knowledge on his part as to which card he is draw- ing- Any candidate whose name is to be voted on the ballot, by petition addressed to the city clerk, may request that the said city clerk shall print opposite his name on the ballot a designation, in not more than six words, as named by him in said petition, for the purpose of indicating either any ofricial act or board to which he is pledged or committed, provided, 1.;at such designation shall not indicate political party affiliations. On the filing of any such petition the said clerk shall cause the said designation to be printed opposite the name of the said person upon the ballot. If several candidates for the same office shall in said petition request that their names be grouped together, and that the one designation to be named by them shall be printed opposite their said names, the said clerk shall group the said names of said persons in a bracket, and opposite thte said bracket shall print the said designation as afore- said. Such petition to the said clerk requesting a designation or a grouping of the candidates shall be filed with the city clerk at least eight days before the primary election. If two candidates or groups shall select the same designation the clerk shall notify the candidate or group whose petition was last filed, and the said candidate or group shall se- lect a new designation. Upon the said ballot arranged in the order in which the names were drawn by the city clerk shall appear the names of the candidates for commissioners with their designation, if any, with a square at the left of each name, and below the names of such can- didates shall appear the words "Vote for five." The ballots shall be printed upon plain, substantial white paper, and shall be headed: Candidates for Nomination for Commissioners of City at the Primary Election. The ballots shall be substantially i the following manner: (Plato a cros^ X or plas + in black ink or lead pencil in the square preceding the names of the per- sons you favor as candidates for the respective posi- tions. Official Primary Ballot. Candidates for Nomination for Commissioners of City of at the Primary Election. For Commissioner. (Name of Candidate; (Vote for five) Official ballot attest ( Signature ) City Clerk. One space shall be left below the printed names of the candidates of each office to be voted for, whereiy 5 the voter may write the name of any person for whom he may wish to vote. Blank space^ shall be loft equal to the number of offices to be filled. Having caused said ballot to be printed, the said city clerk shall cause to be delivered at each polling n'nce one and one-tenth times as many ballots as there were registered voters in such election district at the last general election. The persons, who are Qualified to vote at the general municipal election shall be qualified to vote at such primary election ; and the law applicable to challenges made at a gen- eral municipal election shall be applicable to chal- lenger at such primary election. The district boards of registry, and election, shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in such election district for each of tli 9 candidates in the manner now provided by law at the general election for members of the General Assembly, and make return thereof to the city clerk, immediately after the completion of the count of such ballots, upon proper blanks, to be fur- nished by the said clerk. On the day following the said primary election the said city clerk shall can- vass said returns so received from all the election districts, and shall immediately make and file in the office of the city clerk the result thereof. Said can- vass by the city clerk shall be publicly made. MUNICIPAL ELECTION And in e v ery city of the first class in this State, five conrirssioners, shall be elected, at an election to be held on the second Tuesday in May following the primary election, following the adoption of this act, flnd on the second Tuesday in May in each fourth year thereafter. The number of candidates equal to twice the number of places to be filled received the h'ghest number of votes at the primary election, si i fill be candidates, and the names of such candi- dates shall he printed upon the ballot at the succeed- ing municipal election, and the number of candidates equal to twice the number of places to be filled re- 6 ceiving the highest number of votes for commission- ers, or all such candidates if le?s than twice the num- ber of places to be filled, shall be the candidates, and the names of such candidates shall be printed upon the ballot for commissioners at such municipal elec- tion, and the ballot at such municipal election shall be in the same general form as for said primary election, so far as possible, and at all elections in such city the election districts, polling places or rooms, methods of conducting; election, canvassing the votes and announcing the results, shall be the same as herein provided for the selection of candidates at the primary election, and the number of candidates equal to the number of places to be filled receiving the highest number of votes shall be elected as com- missioners, as herein provided. The registry for elections held under the pro- visions of this act shall be the official signature copy register containing the names of those persons quali- fied to vote at the last preceding general election; transfers from one district to another shall be granted as provided by the laws appertaining to gen- eral elections in this State. Qualified voters who did not register or vote at the general election preceding the holding of the pri- mary elections or the election provided for under this act may have their names added to the signa- ture copy register by applying to the county board of elections in counties of the first class, during the week preceding the holding of such election or the primary election, and if upon such application it is made to appear to such board that such person is & qualified elector and is entitled to vote at said elec- tion an order shall be made by such board directing the proper district board of registry and election to accept such vote and such order shall be filed with the district board of registry and election and shall be returned by said board to the clerk of the munici- pality wherein such election is held immediately after the holding of such election, to be kept and filed in the office of such clerk for at least a period of one 7 ; proridr'.l, there shall be presented by such vnt/T and there shall be filed with said order an af- fidavit of said voter containing- the information requisite to be given under the election and registry- laws of this State. Official ballots shall not be distributed or used out- side of the voting place at any of the elections pro^ vided for under this act, and all the provisions of the laws relating to general elections bearing upon the subject of the distribution and use of official ballots shall apply as nearly as may tie to the ballots used in the elections held under the provisions of this act, except that there shall be no official dis- tribution of sample ballots. Any candidate for election as commissioner at th>- municipal election shall have the right and power to appoint, evidenced by a certificate signed by such candidate two agents or challengers for each and every polling place in each election district in such city. The aforesaid certificate shall be filed with the district 'board of registry and election, before such agents or challengers shall be allowed to assume the privileges and duties of an agent or challenger. Such agent or challenger shall be vested with all the powers and duties now devolving upon agents or challengers by virtue of "An act to regulate elec- tions (Revision of 1920)", passed May fifth, one thousand nine hundred and twenty, and the various supplements and amendments thereof. 3. The amount which may be spent in aid of the candidacy of any candidate for nomination or elec- tion as commissioner at any primary or general municipal election provided for under this act shall be the same as prescribed for candidates for munic- ipal office, under the general election law. 4. All acts and parts of acts inconsistent with the provisions of this act be and the same are hereby re- pealed. 5. This act shall take effect immediately. Passed March 30, 1921. 8 CHAPTER 176. An Act to amend an act entitled "A supplement to an act entitled 'An act to amend an act entitled "A supplement to an act entitled 'An act relating to, regulating and providing for the government of cities, towns, boroughs and other municipalities within this State,' : ' approved April twenty-fifth, one thousand nine hundred and eleven,' :? which supplement was approved April seventh, one thous- and nine hundred and fourteen, which amendment was approved April third, one thousand nine hun- dred and seventeen, and which supplement was ap- proved April nineteenth, one thousand nine hun- dred and twenty. 1. Section one of the act of which this act is amendatory be and the same is hereby amended to read as follows: BE IT ENACTED 'bij the Senate and General Assembly of the State of New Jersey: 1. Whenever the Federal or State census shall show that any such city which when voting to adopt the provisions of said act had a population of less than ten thousand has increased in population to ten thousand or more, then two additional commis- sioners shall be elected at an election to be held on the second Tuesday in May following the official an- nouncement of such increase in population, provided that in any city of more than ten thousand popula- tion and less than twenty 'five thousand population said election shall not be held until a proposed or- dinance increasing the number of commissioners from three to five shall be submitted to the board of commissioners by petition signed by electors of the city equal in number to ten per centum of the votes cast at the last preceding general election, request- ing that the said ordinance be submitted to the vote of the people, if not passed by the board of com- missioners. The signatures, verification, authentication, inspec- tion, certification, amendment and submission of such petition shall be the same as for petitions to recall commissioners as now provided by law. Upon the filing of said petition and certification of the same by the city clerk the board of commissioners shall within twenty days thereafter pass said ordinance without change or submit said ordinance without change to the vote of the electors of the city at the next general election. Said petitions must be filed and certified to by the city clerk at least sixty days before the general election at which the proposed or- dinance shall be submitted to a vote of the electors. The ballots to be used when voting upon said or- dinance shall contain these words: "For the ordi- nance" (stating the nature of the proposed ordi- nance) and "Against the ordinance" (stating the nature of the proposed ordinance). If a majority of the qualified electors voting on the proposed ordi- nance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city; and any ordinance proposed by petition or which shall be adopted by a vote of the people shall not be repealed or amended except by a vote of the people. 2. All acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. 3. This act shall take effect immediately. Approved April 7, 1921. CHAPTER 177. An Act to provide for the assessment of taxes in boroughs that are operating under the commission form of government with a population of over five thousand. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. In all boroughs of this State that are operating under the commission form of government that have a population of over five thousand there may be , board of tax assessors therein composed of one or 10 more members, but at no time shall the said board of tax assessors exceed three in number, who shall be appointed or elected by the governing body; pro- vided, however, that the term of office of the mem- bers of said board of assessors shall be fixed by the governing; body thereof, not, however, to exceed the term of three years, but such members shall continue in office until their successors are chosen and quali- fied. Any such officer may be removed from office in the manner now or hereafter to be provided by law ; and in the case of death, resignation or removal of any such officer, his successor shall be chosen for the unexpired term only. 2. Said assessors shall each receive such salary as from time to time shall be fixed by the governing body of said borough and each shall give bond for the faithful performance of his duties, in such sum in such form and with such securities as the govern- ing body shall approve. 3. Said board of assessors shall have all the powers and perform all the duties devolving by law upon the assessors of taxes or boards for the assess- ment of taxes of such borough at the time of the passage of this act; and the offices of such assessors and such boards existing in such boroughs shall be abolished upon the election and qualifying in office of a board of assessors by this act established. 4. Any assessment or report made by a majority of said board shall be deemed the assessment or re- port of said board of assessors and in case of the death or disability or absence from any cause of one member, the other two may lawfully exercise the powers of the board, but in all cases, before any as- sessment is finally fixed and determined, it shall be approved by at least two of the members. All re- ports or returns of tax assessments required to be made to any other board of the borough, county or State shall be made by said board of assessors or a majority thereof. 5. The governing body of any such borough, may 11 fix the annual salaries of the assessors by ordinance 1 or resolution and all such salaries shall be stated and fixed, and not contingent in anywise and such sal- aries shall be payable monthly. All fees and allow- ances of such assessors for any service shall be paid into the borough treasury for the use of the borough. The salary of such officer shall not be diminished during his term of office. 6. All acts or parts thereof inconsistent herewith are hreeby repealed. Approved April 7, 1921. New Jersey Commission Government Law (WALSH ACT) FOURTH EDITION REVISED AND ANNOTATED WITH COURT DECISIQNS, BY LEWIS T. STEVENS H Of the New Jersey Bar PUBLISHED BY ALBERT R. HAND CAPE MAY, N. J. PRICE, $1.OO Ksr Copyright, 1919 by LEWIS T. STEVENS Foreword to Fourth Edition New Jersey first enacted the Commission Gov- ernment Law in 1911, the first year of the term of Woodrow Wilson as governor, and the act was pre- pared by a commission of men who desired an act under jWhich a municipal government could entrust more authority to its officials, and, in which more responsibility could be placed in the hands of fewer men. The object was to place the responsibility where it could be known and to make it practicable to re- call the official who should fail in his response to the desires if the electors. The act was the result of a bill introduced in the Assembly by Allen B. Walsh, a member of Mercer county, and the law, after its passage took the name of its sponsor and is known as the "Walsh Act." The original act was signed by (Governor Wilson on April 25, 1911, but each succeeding Legislature has altered its sec- tions, and supplements have been enacted, so that of the original law of 1911 but little is left, except that the principles are retained. The act has worked well for being so crudely drawn. The Legislature of 1914, having greater home rule in such municipalities in viejW, attempted to place a nqw first, and new eighth, section to the act but these newly made sections were tested in the Supreme Court and declared unconstitutional, and by such action there has been left the original first 3 Commission Government Law section in force, and the eighth section, as amended in 1912, in effect. The two sections which were de- clared unconstitutional are placed in the notes fol- lojwing their respective sections. The act that now exists, with the courts' con structions upon each section as have been carried up in litigation, is here given in orderly succession. The amendments and supplements include those passed by the Legislature of 1919, and the decisions handed down by the courts, Including those for the June term of 1919. LEWIS T. STEVENS Cape May, N. J., October 1, 1919. Contents List of Cases Cited 6 The National Movement 9 Walsh Act Epitomized 16 Application of the Act 20 Organization 21 Duties of Board 24 Powers of Board j. 26 Increase Salaries by Oridance T Succeed to Power of Certain Former Bodies 39 Control of Places of Amusement 40 Power over Excise Matters 41 Regulate Sale of Liquor 44 Convention Halls, Etc., 44 Meetings of Board 45 Passages of Ordinances and Franchises 46 Inhibitions upon Officials 47 Bond Restrictions ''. 48 Control of Candidates 49 Publish Finincial Statements 50 Control of appropriations 52 Public Instruction Exempted 52 Municipal Election 52 Votes of Discharged Service Men 54 Recall 54 Initiative 55 Referendum 58 Adoption Requirements 60 Reversion to Charter 63 Constitutionality of Act 64 Election of Commissioners 65 Recall Election 76 Definitions 89 Registration in Cities of between 5,000 and 75,000 Population 93 Index _ 95 List of Cases Cited Apple vs. Atlantic City Atlantic City ads. Appple 38 Atlantic City ads. Barrett 23, 36 Atlantic City ads. Biddle 24 Atlantic City ads. Herbert 37 Barrett vs. Atlantic City 23, 36 Beverly ads. Buohl 37, 58 Biddle vs. Atlantic City u 24 Brennan vs. Jersey City 38 Brokaw vs. Burk 37 Buohl vs. Beverly '. 36, 58 Burk ads. Brokaw 37 Burks ads. Disbrow 37 Burk ads. Hirsch : Burk ads. Johnston 37 Burk ads. Salter 23, 24, 36, 50 Burk ads. Voile 23 Burk ads Wilson 23 Burk ads. Zeigler Burke ads. Feeny 37 Crane vs. Jersey City 73 Cronin vs. Lee 87 Daly vs. Garven 73 Del. Riv . Trans. Co. vs. Trenton 21, 49 Disbrow vs. Burk 37 Fagan ads. Morris 24, 36, 63 Fagan vs. Morris 23 Feeny vs. Burke 37 Flock ads Woolley 26 Foley vs Orange Ford vs. Gilbert 57 Garey vs. Riddle Garven ads. Daly 73 Gaskill ads. Keffer 24 Gilbert ads. Ford 57 Gilbert ads. Landon 50 Griffin ads. Kudlich 24 Haines vs. Standoven 62 Hennessey ads. Jersey City 40 Herbert vs. Atlantic City 37 6 List of Cases Cited Heston ads. Loudenslager 23 Hirsch vs. Burk 23 Istvan vs. Naar . 23 Jersey City ads. Brennan 38 Jersey City ads Crane 37 Jersey City ads. Hennessey 40 Jersey City ads. Loughran 37, 46 Johnston vs. Burk 37 Keffer vs. Gaskill 24 Kudlich vs. Griffin 24 Landon vs. Gilbert 50 Lawrence ads. Poole 79 Lee ads. Cronin 87 Loudenslager vs. Heston 23 loughran vs. Jersey City 37, 46 Matthews ads. Monaghan 73 Monaghan vs. Matthews 73 Morris ads. Fagan 23 Morris vs. Fagan 24, 36, 63 Naar ads. Istvan 23 Ninth St. Imp. Co. vs. Ocean City 50 Ocean City ads. Ninth St. Imp Co. 50 Orange ads. Foley 38 Pcole vs. Lawrence 79 Riddle vs. Garey 23 Salter vs. Burk 23, 24, 36 50 Sscwartz vs. Wachlin 63 Standoven vs. Haines 62 Trenton ads. Del. Riv. Trans. Co. 21, 49 Volks vs Burk 23 Vollmer vs. Wachlin 63 Wachlin ads. Schwartz 63 Wachlin ads. Vollmer 63 Wilson vs. Burk 23 Woolley vs. Flock 26 Zeigler vs. Burk 23 Addenda and Errata On page 36, in the case of Morris vs Fagen, read : " was not carried" in place of "(was not created." Since the printing of pages 14 and 15 of this book, the Borough of Avalon in Cape May County (Pop 323) : and the Borough of Avon in Manmouth Coun- ty (Pop. 707), have adopted the act. Lyndhurst Township (Bergen County) population 7299, is under commission rule. The National Commission Govern- ment Movement For upwards of thirty years there have been movements on foot to have local, or municipal, gov- ernment nearer to the control of the people. But more than the efforts of man had to be first imposed upon one of our fair Southern cities in order to give the movement the impetus required to bring an effect out of it. Nature, in the great coastal storm and hurricane which lashed the Gulf of Mexico in 1900 and batter- ed down the walls of the city of Galveston, inun- dated the city and destroyed millions of dollars worth of property and hundreds of lives, was the cause of giving the first commission form of govern- ment which attracted the attention of civic scholars throughout the country. After the great storm it was necessary to cut the red tape of an unwieldy local councilmanic body of 54 members and to act quickly to save that city from further destruction, which could happen in any Gulf storm of lesser furiousness. The State Legislature of Texas appointed a commission of five persons to supersede the then existing city government, and so well did that com- mission work, that in 1903, Galveston adopted a commission form with five commissioners, which has since been in existence there. Commission Government Law In New Jersey there were improvement com- missions in many municipalities, in which the com- mission was of greater authority than the town council, but when, in 1875, the State Constitution was amended by prohibiting the State Legislature from passing any " private, local or special laws, * * * re g u l a ti n g the internal affairs of towns and counties; appointing local officers or commis- sions to regulate municipal affairs," this practice was discontinued. Judge Thomas M. Cooley, in his "Principles of Constitutional Law," says: "It is axiomatic that the management of purely local affairs belongs to the people concerned, not only because of being their own affairs, but because they will best understand, and be most competent to manage them. The continued and permanent existence of local government is, therefore, assumed in all the state constitutions, and is a matter of con- stitutional right even jwhen not in terms expressly provided for. "Nevertheless there is no constitutional form or model of local government, or standard or meas- ure of local powers, and these need to be different according to the circumstances. "To determine the local needs in this regard, legislation is requisite and the State, therefore, will create local governments, confer upon them such powers as in its wisdom may seem expedient, and prescribe such safeguards and limitations to their exercise as shall be deemed needful and prudent." The Galveston commission, then, performed its 10 The National Movement work so effectively that many Texas cities adopted this form of government. The Iowa Legislature in 1916 passed a commission government law, but with broader powers to the people than the Texas law. In Texas, the commissioners had the sole pow- er of government, but Iowa went further, and add- ed three new provisions, i. e., the recall, the initiative and the referendum. The plan abandons all distinction between executive and legislative powers, and merges all these two functions with that of the judical in local government. In the place of supposed checks and balances under the old charter governments, it has placed nearer to the people the power to place re- sponsibility on the commissioners by the recall, in- itiative and referendum. Not all these new cheeks are found in all the States, but in most of them. Neither the initiative or referendum has been used to any great extent in the time in (which com- mission government has existed, but the recall 1ms been used in many states. While authorized in New Jersey, by reason of the technicality of that provis- ion, but one commissioner has been recalled up to this time. Throughout the States seven is the highest num- ber provided for, but in most cases five and three are the number of commissioners fixed for the munici- palities. Wisconsin first made the number but three for all cities, and it has now come to be general in the country that a city of over 10,000 population should have at least five commissioners. One result of the adoption of these commis- 11 Commission Government Law sions is the disappearance of the long ballot, and the substitution of the unpartisan short ballot. In some states the preferential ballot has been adopted with as many as four choices, which was provided for in New Jersey in 1914. It has been shown in actual experience that but a Small percentage of the voters express more than a first, and sometimes a second, choice. In a great many instances, however, the few second, third and other choice votes have prevailed over the equal first choice votes received by candi- dates. The short ballot has done away with a large lot of relatively unimportant officials slipping to success behind a party designation. The reduction of the number of officials also adds dignity to the office of commissioner, where in the past there was but little thought given to the successful petty can- didate for local office. It is a most excellent government with the per- sonnel of the commissioners being moral, intelligent and gifted with a knowledge of public affairs, but a worse government tihan the old councilmanic and aldermanic way if the commissioners are scheming politicians and incompetent in public matters. It is human nature that some of the latter class have been elected, and it is here that the recall is useful when invoked. About four hundred municipalities have adopt- ed the form, of government in the United States, not- withstanding that this manner of government is in its infancy. Some of the largest cities of the Union which have adopted this form are : 12 The National Movement Population in 1910 Galveston, Tex 1903 36,981 Houston, Tex 1905 78,800 Fort Worth, Tex 1907 73,312 Dallas, Tex 1907 92,104 Des Moines, Iowa 1909 86,368 Memphis, Tenn 1910 131,105 Kansas City, Kan 1910 82,331 Tacoma, Wash 1910 83,7'43 Lynn, Mass 1911 89,339 Trenton, N. J 1911 96,815 Jersey City, N. J 1913 267,779 Cleveland, 1914 5"60,663 Newark, N. J. , 1917 347,469 :0f the four hundred cities which have adopted this form of government, none have attempted to go back to its old form of administration, except Den- ver, Col., which went back to councilmanic govern- ment on May 9, 1916 The New Jersey commission government law is known as the Walsh Act, after the sponsor for the bill creating the act in the Legislature. The adop- tion of this legislation came about with a public meeting held in December, 1910, when represen- tatives of Newark, Jersey City, Trenton, Neiw Brunswick and Passaic met to discuss its adaptability to New Jersey towns. On January 4, 1911, the friends of the movement met in Newark and follow- ing this, other meetings were held in Trenton in the last of which nineteen cities were represented. Final- ly the bill prepared was partially the Iowa law and included generally the provisions which now com- pose the Walsh Act. 13 Commission Government Law Municipalities of New Jersey which have adopt- ed the "Walsh Act are : Population 1915 Newark 366,721 Jersey City 270,903 Trenton 103,190 Hoboken 67,611 Bayonne 64,461 Passaic 61,225 Atlantic City . 51,667 New Brunswick 30,019 Orange 29,805 Montclair 25,029 Irvington 20,342 Long Branch 14,565 Phillipsburg 14,430 Millville 13,307 Belleville 11,996 Asbury Park 10,910 Rahway 9,586 Nutley 7,987 Kidgewood Tqwnship 6,729 Collingswood 6,600 Vineland 6,531 Haddonfield 5,077 Lambertville 4,600 Bordentown 4,095 Hawthorne 3,999 Wildwood 3,858 Ocean City 3,721 Union Twp. (Bergen .Co.) 2,999 City of Cape May 2,513 14 The National Movement Beverly 2,450 Bradley Beach 2,236 Ridgefield Park 1,18?' Sea Isle City 955 Margate City 291 Deal 227 Allenhurst 203 Cape May Point 170 Longport 143 15 THE WALSH ACT EPITOMIZED Commission government, as provided for in this act, may be adopted by any municipality of a lesser degree than a county in New Jersey, and the initial step is the presentation of a petition to the clerk of the municipality, signed by one fifth of the total voters registered in the .municipality for the pre- ceding election at which a member of the General Assembly of the state was voted for. When such a petition is received by the municipal clerk, he calls- an election to be held on the third Tuesday after the filing with him of the petition. If, at the election, a majority of those voting, decide in favor of the adoption, and that majority is equal to at least thirty per centum of the votes cast in said municipality at the last preceding election for member of the General Assembly, the act be- comes the charter of the municipality, and goes into effect on the sixth Tuesday after the election. If the election fails, then there can be no othe/ election until after the beginning of the last year of the term of the chief executive officer of said munici- pality elected after the trial election. On the fifth Tuesday following tine adoption of the act the commissioners are elected under the pref- erential ballot law, which is only used in New Jersey in elections for commissioners under the Walsh act. Upon the going into effect of the new govern- ment the terms of all elective and appointive officers 16 Walsh Act Epitomized expire, but the offices are not, however, abolished, but are filled by the commissioners for the length of terms as provided in the law applicable to such municipal- ity when the Walsh Act is adopted. All other boards and bodies, except boards of education and district courts (,when there is a district court in the munici- pality), are abolished, and the powers are given over to the commissioners. The commissioners serve until the Third Tuesday in May, of the fourth year following their election. If a vacancy occurs before the beginning of the last' year of the term, then the remaining commissioners shall call an election, between thirty and forty days after the creation of the vacancy, to fill it. If the va- cancy occurs in the last year of their terms tne re- maining commissioners may fill it for the unexpircd term. Policemen and firemen and persons under civil service laws, in office when the act is adopted, are exempt from removal from office by the new commis- sioners, except in the manner prescribed for the re- moval of officers under proved charges. In municipalities of 10,000 population and more there are five commissioners, and in those of a less population three commissioners. The commissioners choose the mayor from among themselves and appor- tion the duties as they deem advisable when they organize their local government. The commissioners have all the "administra- tive, judical and legislative powers" of all other boards existing ,when they take office, wnicn meauo. i". short, that they are the absolute rulers of the munici- pality. 17 Commission Government Law The annual compensation of commissioners in municipalities not bordering on the Atlantic Ocean and not known as seaside or summer resorts, are Population Commissioners Mayor Over 200,000 $5,000 $5,500 Over 90,000 3,000 3,500 Over 40,000 2,000 2,500 Over 20,000 1,500 1,800 . Over 10,000 1,200 1,500 Over 5,000 750 1,500 Over 2,500 500 750 Over 1,000 350 500 Over 500 200 250 Under 500 50 75 In "fourth class cities," which are under the cities act classification described as cities bordering on the Atlantic Ocean, and known as seaside or sum- mer resorts, the salaries are: Population Commissioners Mayor Over 90,000 $5,000 $5,500 Over 40,000 3,000 4,000 Over 20,000 2,500 3,000 Over 10,000 2,000 2,500 Over . 5,000 1,500 2,000 Over 2,500 1,250 1,500 Over 1,000 1,000 1,250 Over 500 500 750 Under 500 250 500 (It has not been judicially settled whether muni- cipalities bordering on the Atlantic Ocean other than cities may take the following salaries for their com- missioners. ) 18 Walsh Act Epitomized The commissioners may fix the salaries of all other officers and employees. The commissioners shall meet at least o>ice a week. The commissioners shall not be interested, di- rectly or indirectly, with any firm or corporation doing business with the municipality, except they may be directors of a bank or trust company, in which the municipality's funds are kept, or from which it borrows money for its temporary ne?ds. After conunLss.oners have Veen in office one year, they may be recalled by a vote of the electorate. The manner is so technical, however, that of the many attempts since the act has been in effect, only two have gone so far as to a recall election, and in one case the commissioner sought to be recalled was re- tained, and in the other a new commissioner (was chosen. The people may initiate the introduction of or- dinances to the commissioners, and may also vote upon ordinances adopted by commissioners by proceeding as defined in the act, and thereby the electorate have the recall, the initiative and the referendum in their local government. If, after the end of six years, the electorate are not satisfied with commission government, they may at the general election preceding the year in which commissioners are to be elected vote to go back to the same form of government in effect in the municipality when commission form of government was adopted. 19 COMMISSION GOVERNMENT LAW An act relating to, regulating and providing for the government of cities, towns, townships, boroughs, villages and municipalities governed by boards of commissioners or improvement commissions in this State. (P. L. 1912, p. 643.) Approved April 2, 1912. The original title read as follows: "An act relating- to, regulating and providing for the government of cities, towns, boroughs and other munici- palities within this State," and was approved April twenty-fifth, one thousand nine hundred and eleven. Application Of This Act 1. All cities, towns, boroughs and other munici- palities of this State that hereinafter adopt the pro- visions of this act .shall be governed as herein set forth, and wherever the word "city" or "cities" appears in this act it shall be construed to mean "town" or "towns," "borough" or "boroughs" or other "municipality" or "municipalities." (P. L. 1911, p. 462.) This section was amended by the Home Rule Act, P. L. 1914, p. 254, to read: 1. All municipalities of this State, except counties and school districts, that have heretofore adopted or shall hereafter adopt the provisions of this act shall ba governed as herein set forth; and wherever the words "city" or "cities" appears in this act, it shall be construed to mean "municipality" or "municipalities," as the case may be, but shall not be construed to include counties or school districts. Such municipalities shall be, and are hereby declared to be a distinct class of municipalities, and shall not be subject to any laws of this State except laws ap- 20 Organization plicable to all municipalities of this State other than counties and school districts. Approved April 9, 1914. The Act (Chapter 144, Law 1914) did not divest City of Trenton of the powers conferred upon such city by the Harbor Act of April 15, 1911 p. 233, since the Hennesy act in so far that it provides that all municipalities that have adopted the Walsh Act "shall not be subject to any laws of this state except laws applicable to all municipali- ties of this state other than counties and school districts" contravenes Article 4, 7, par. 11, of the Constitution, pro- hibiting special laws regulating the internal affairs cf municipalities. Del. Riv. Trans. Co. vs. Trenton, 85 N. J. Law p. 479; 90 Atl. Rep., p. 731: 91 Atl. Rep., p. 1068; 86 N. J. L., p. 48; 86 N. J. L., p. 679. Organization 2. At the first election held in sudh city next after the adoption of the provisions of this act as herein provided, there shall be elected in such cities, by the duly authorized voters therein, the number of persons as hereinafter provided to be commis- sioners of such city, each of whom shiall have been a citizen and resident of .such city for at least two years immediately preceding his election as such commissioner, who shall serve a 5 such commissioners until the third Tuesday of May in the fourth year following such election and until their successors are elected and shall have duly qualified; and every fourth year thereafter, at the regular municipal election in such city, there shall be elected the num- ber of persons as hereinafter provided as corn'mis-* sioners with like qualifications to serve for the term of four years and until their successors have been elected and duly qualified. Should any vacancy oc- cur among such commissioners the remaining com- missioners shall, within thirty days thereafter, elect a properly qualified person to fill such vacancy to 21 Commission Government Law serve for the unexpired term. The term of office of such comimissioners first elected under the pro- visions of this act shall commence on the first Tues- day following such election and the term of office of all succeeding commissioners shall commence on the third Tuesday of May next ensuing- after their election, at -tyvelve o'clock, noon, and, upon the or- ganizing of the commissioners in any such city, elected under this act, the City Council or other governing body or bodies tihieretofore acting as gov- erning body or bodies in such city and having any other functions shall be ipso facto abolished, and the terms of all councilmen, or aldermen, and all other officers whether elective or appointive, shall immedi- ately cease and determine; providing, hoivever, that nothing herein contained shall be construed to affect in any way the term of office of any policeman, fire- man or other employee of any police or fire depart- ment, veteran of any war, or other official or em- ployee nojw protected by any tenure of office act. Wherever heretofore or hereafter the provision of an act entitled "An act regulating the employment, tenure and discharge of certain officers and employees of this State and of the various counties and munici- palities thereof, and providing for a Civil Service Commission, and defining its powers and duties," ap- proved April tenth, one thousand nine hundred and eight, and the acts supplementary thereto and amen- datory thereof, have been adopted by any county or municipality in this State prior tu the adoption of the provisions pf this act, then, and in that event, nothing in this act contained shall apply to any 22 ORGANIZATION person holding any position or office coming within the classified service of the civil service law. (P. L. 1911, p. 463.) Approved April 25, 1911. See section 7, p. 73, as to filling vacancies for un- expired terms. This act does not have the effect of abolishing boards of health organized under the general health act of 1887 (2 Comp. St. 1910, p. 2656) in municipalities which adopt it as a governmental scheme. Istvan vs Naar, 84, N. J. Law, p. 113; 85 Atl. Rep., p. 1012. The city clerk of a city adopting this act is not within the protection of that provision of the civil service law which prevents the removal of an officer who is. under civil service, except upon reasons presented to him, and answer made therto by him. The right of the governing body to appoint to an office when the term of the incumbent, as fixed by law has expired, is not affected by the provi- sions of civil service law. Fagan vs. Morris, 83 N. J. L., p. 3; 86 Atl. Rep., p. 1102. Salter vs. Burk, 83 N. J. L., p. 152; 83 Atl. Rep., p. 973. The language of this act is broad enough and suffi- ciently clear to include a department of a city created by special act which acted as a governing body having func- tions for the administration of the affairs of the munici- pal water works and this department and the water com- missioners were abolished as soon as the commissioners for the city organized. Hirsch vs. Burk, 83 N. J. Law, p. 146; 83 Atl. Rep., p. 979. One complaining of the illegality of the election to office of another in his stead must first show that he him- self has legal title to it. Salter vs. Burk, 83 N. J. Law, p. 152; 83 Atl. Rep., p. 973; Volk vs. Burk, 83 N. J. L., p. 204; 83 Atl. Rep., p. 978; Wilson vs. Burk, 83 N. J. L., p. 205; 83 Atl. Rep., p. 977; Zeigler vs. Burk, 83 N. J. L., p. 207; 83 Atl. Rep., p. 976; Garey vs. Riddle, 84 N. J. L., p. 80; 86 Atl. Rep., p. 532; Barret vs. Atlantic City, 85 N. J. L., p. 134; 88 Atl. Rep., p. 856; 86 N. J. L., p. 675; 92 Atl. Rep., p. 1086. On the organization of the commissioners elected un- der this act the city council or other governing body or bodies theretofore governing in such city shall be ipso facto abolished and the terms of all councilmen or alder- men and all other officers, whether elective or appointive, shall immediately cease and determine; by such provision the incumbency of every office of the city was terminated 23 Commission Government Law by the organization of the commissioners, and the words "all other officers" include a commissioner of the sinking fund, who. had no official standing after the organization of the elected commissioners. Loudenslager vs. Heston, 86 N. J. L., p. 382; 92 Atl. Rep., p. 54. Where the law prescribes the term of a municipal officer, it is beyond the power of the board of commis- sioners of a municipality to elect for a greater or less term, or for an indefinite term, and an attempt to do so will not constitute a valid appointment; and a vacancy, in contemplation of law will still exist in such office. Salter vs. Burk et al., 83 N. J. L., p. 152; 83 Atl. Rep., p. 973. The incumbent of the office of city clerk created by a charter with prescribed duties and powers, is not en- titled on quo waranto to the office of city clerk created by commissioners under this act, on the ground that the adoption of this form cf government was not carried by the requisite number of votes; the office created by the commission being of a different character from the char- ter office. Morris vs. Fagan, 90 Atl. Rep., p. 267; 85 N. J. L., p. 617. The adoption of the Walsh Act and the organization of the city commission does not abolish the character of office of recorder previously existing. The appointment by the commission was for the charter term of three years, dating from such appointment. Keffer vs. Gaskill. 95 Atl. Rep., p. 629; 88 N. J. L. p. 77. The provision of the Walsh Act that the terms of all city officers whether elective or appointive, shall terminate on the organization of the board of commissioners, ap- plied to a health warden, an appointee of the board of health of the City of Hoboken. Kudlich vs. Griffin et al., 96 Atl. Rep. p. 561; 88 N. J. L., p. 574. Notwithstanding the fact that the Walsh Act indi- cates an attempt with political considerations in muni- cipal government, by adopting the provisions of that act, a city does not adopt a permanent tenure for its officers, similar to that secured by the civil service act. A muni- cipal officer whose term has expired occupies the status of a holdover, and holds office at the will of the appoint- ing body whether protected by the civil service act or a law tantamount thereto. Biddle vs Atlantic City, 91 N. J. L., p. 679; 103 Atl. Rep., p. 386. Duties Of Board 3. Every city having by the last preceding State or National census ten thousand population or 24 Duties Of Board more shall be governed by a board of commissioners consisting of five commissioners, and every city having by the last census less than ten thousand population shall be governed by a board of commis- sioners, consisting of three commissioners, chosen as provided in this act, each of whom shall have the right to vote on all questions coming before the board of commissioners. A majority of the members of the board of commissioners shall constitute a quorum and the affirmative vote of a majority of all ttiie members shall be necessary to adopt any motion, resolution or ordinance, or pass any measure unless otherwise provided for in this act. Every resolution or ordin- ance shall be reduced to writing and read before the vote is taken thereon, and the vote upon every motion, resolution or ordinance shall be taken by yeas and nays and entered in the minutes; and the minutes of each meeting so recorded shall be signed by a majority of all the commissioners and the city clerk. At the first meeting after their election, the said commis- sioners shall choose one of their number to preside at all meetings of the board of commissioners and he shall be designated ' ' mayor . ' ' The mayor shall have no power to veto any measure, but every ordinance passed by the board of comlmissioners shall be re- corded and signed i the book in which it is recorded by a majority of all the comlmissioners before it shall be in force. After its final adoption, each ordinance shall be published once, in a newspaper published and circu- lating in the city, if such there be, or, if there be no such newspaper, then in a newspaper published in 25 Commission Government Law the county and circulating in the city, and no pub- lication of any ordinance or resolution, either be- fore or after its final adoption, shall be necessary to make the same effective, except as provided in this act. When any ordinance or resolution is required to be published by any of the provisions of this act, such publication shall include the names of the com- missioners who signed such ordinance or resolution. (P. L. 1916, p. 406.) Approved March 18, 1916. Under the Walsh Act the office of "presiding officer of the board of commissioners," and as such "mayor" and "director of the department of public affairs," is for a fixed term of four years, and not merely at the will of the board of commissioners. Woolley vs. Flock, 92 N. J. L., p. ; 105 Atl. Rep., p. 489. Powers of Board 4. The board of commissioners shall have and possess all administrative, judicial and legislative powers and duties now had and possessed and ex- ercised by the mayor and city council and all other executive or legislative bodies in said city, and have complete control over the affairs of the. city adopt- ing the provisions of this act. The executive, ad- ministrative, judical and legislative powers, author- ity and duties in such city shall be distributed into and among five departments, except that in any city having but three commissioners, three departments shall be designated and provided by the consolidation of the first and third departments and the fourth and fifth departments as follows: 1. Department of public affairs. 26 Power Of Boards 2. Department of revenue and finance. 3. Department of public safety. 4. Department of streets and public improve- ments. 5. Department of parks and public property. The board of commissioners shall determine the powers and duties to be performed by each depart- ment and assign such powers and duties to the ap- propriate departments, and they shall prescribe the powers and duties of all officers and employees and they may assign particular officers and employees to one or more departments and may require any officer or employee to perform duties in two or more departments, provided the work required of such officer or employee in such different depart- ments be similar in character and make such other rules and regulations as may be necessary or prop- er for the efficient and economical conduct of the business of the city. The mayor shall be the director of the depart- ment of public affairs, and the board of commis- sioners shall, at the first regular meeting after the election of its members, designate by majority vote one commissioner to be director of the department of revenue and finance, one to be director of the de- partment of public safety, one to be director of the department of streets and public improvements, and one to be director of the department of parks and public property, except that upon the organization of a board of three commissioners but three depart- ments shall be designated, as above provided, and but three directors voted therefor, and such desig- 27 Commission Government Law nation may be changed whenever it appears that the public service would be benefitted thereby. The board of commissioners shall at the first meeting, or as soon as may be after organization, create such subordinate boards and appoint sucili officers as it may be necessary for the proper and efficient conduct of the affairs of the city. Any board created may be abated ; or any officer or employee appointed by the board of commissioners may be re- moved from office by them, at any time for cause, after public hearing, provided their action shall be taken in accordance with the civil service and ten- ure of office acts in municipalities where such acts have been adopted, and such action shall be subject to review by the courts as heretofore. The mayor and board of comlmissioners shall have suitable offices and their total compensation shall, in cities of the first, second and third classes, be as fol- lows: In such cities having, by the last preceding State or National census more than two hundred thousand population, the mayor's salary shall be not more than fifty-five hundred dollars, and that of each commissioner shall be not more than five thousand dollars. In cities having by the last census a popu- lation of over ninety thousand and not exceeding two hundred thousand, the mayor's annual salary shiall not be more than three thousand five hundred dollars, and that of each eomjmissioner shall be not more than three thousand dollars. In cities having from forty thousand to ninety thousand population, the mayor's annual salary shall be not more than two thousand five hundred, and that of each eom- 28 Power Of Boards missioner shall be not more than two thousand dol- lars. In cities having from twenty to forty thousand population, the mayor's annual salary shall be not more than one thousand eight hundred dollars, and that of each commissioner shall be not more than one thousand five hundred dollars. In cities having from, ten to twenty thousand population, the mayor's annual salary shall be not more than one thousand five hundred dollars, and that of each commissioner shall be not more than one thousand two hundred dollars. In cities having from five thousand to ten thousand population, the mayor's annual salary shall be not more than one thousand dollars, and that of each commissioner shall be not more than seven hun- dred and fifty dollars. In cities having from twenty five hundred to five thousand population, the mayor's annual salary shall be not more than seven hundred and fifty dollars, and that of each commissioner shall be not more than five hiuiidred dollars. In cities having from one thousand to twenty-five hundred population, the mayor's annual salary shall be not more than five hundred and that of each comimissioner not more than three hundred and fifty dollars. In cities having from five hundred to one thousand pop- ulation, the mayor's salary shall be not more than two hundred and fifty and that of each commissioner shall be not more than two hundred dollars, and in cities having less than five hundred population, the mayor's salary shall be not more than seventy-five and that of each commissioner shall be not more than fifty dollars. The compensation of the mayor and the commis- 29 Commission Government Law sioners shall, in cities of the fourth class, be as fol- lows: In such cities having, at the last preceding State or National census, more than ninety thousand population, the mayor's salary shall be not more than fifty-five hundred, and that of each commissioner shall be not more than five thousand dollars. In cities having from forty thousand to ninety thousand population the mayor's annual salary shall be not more than four thousand and that of each commissioner shall be not more than three thousand dollars. In cities having from twenty thousand to forty thousand population, the mayor's annual sal- ary shall be not more than three thousand and that of each commissioner shall be not more than twenty- five hundred dollars. In cities having from ten thousand to twenty thousand population, the mayor's annual salary shall be not more than twenty-five hun- dred, and that of each commissioner shall be not more than two thousand dollars. In cities having from five thousand to ten thousand population, the mayor's annual salary shall be not more than tjwo thousand and that of each commissioner shall be not more than fifteen hundred dollars. In cities having from twen- ty-five hundred to five thousand poulation, the mayor's annual salary shall be not more than fifteen hundred, and that of each commissioner shall be not more than twelve hundred and fifty dollars. In cities having from one thousand to twenty-five hun- dred population, the mayor's annual salary shall be not more than twelve hundred and fifty, and that of each commissioner shall not be more than one thous- and dollars. In cities having from five hundred to 30 Power Of Boards one thousand population, the mayor's annual salary shall be not more than seven hundred and fifty, and that of each commissioner shall be not more than five hundred dollars. And in cities having less than five hundred population the mayor's annual salary shall be not more than five hundred dollars and that of each commissioner shall not be more than tjwo hun- dred and fifty dollars. Such salaries shall be payable in equal monthly installments. The salary or compensation of all other officers and employees of the city shall be fixed by the board of commissioners, and shall be payable monthly, or at shorter periods as they shall determine; provided, however, that the salary or compensation of any member of the police or fire departments shall not be fixed at a less amount than that received by the said member at the time of the adoption of said act; pro- vided, however, that the compensations of the commis- sioners shall be fixed by an ordinance adopted by the board of commissioners immediately after the organi- zation of the board, in accordance with all the provi- sions of this act; the compensation so fixed shall not be increased during the term for which the commi- sioners are elected, unless, after said ordinance shall have been adopted, an increase in the compensation payable in such city shall be authorized by statute. In each city governed by provisions of this act, there shall be a city clerk, who shall be appointed by the board of commisioners for such term as they may fix, and who shall be the clerk of the board of commis- sioners, and have the custody of their minutes, and of all papers and records of the city not otherwise ex- 31 Commission Government Law pressly provided for. Said clerk shall also have cus- tody of the seal of the city, and copies of all records of the city certified by him under the seal of the city shall be legal evidence in all courts and places in like manner as if the originals were produced. The corporate existence of any city accepting the provisions of this act shall be continued, and its cor- porate name and seal shall not be changed by such ac- ceptance, and all acts, general or special, relating to such city, shall except so far as inconsistent with this act, apply to such city, and such city shall have and exercise the powers and duties thereby conferred or imposed. Whenever in any municipality where the provi- sions of the act to which this act is an amendment have been or may hereafter be adopted, the commis- sioners desire to fix the compensation to be paid to them during the terms for which they |Were elected at a sum greater than that fixed in the act of which this is an amendment, they shall have power so to do; provided, however, the same be done by ordinance duly passed by said board, which ordinance, however, shall not take effect until submitted for the approval of the voters in such municipality in the following manner : At the general election held the next following the passage of such ordinance the same shall be submitted without alteration to the vote of the electors of the municipality, and it shall be the duty of the official charged ,with the preparation of the ballots to be used at said election to place thereon these words: ''For the ordinance " (stating the. nature of the proposed 32 Power Of Boards ordinance), and "Against the ordinance " (stating- the nature of the proposed ordinance ); with a square at the left of each phrase, and below shall appear the words "Vote for or against; place a cross in one square." If a majority of the qualified voters vot- ing on the proposed ordinance shall vote in favor thereof such ordinance shall become thereupon a valid and binding ordinance of the municipality and the members of the board of commissioners of such muni- cipality and their successors shall be entitled to re- ceive during the term for which they are elected, as compensation for their services, the amount so fixed in said ordinance. The maximum salaries to be fixed under the pre- visions of this act shall be as follows : In cities of the first, second and third classes, having, by the last preceding State or National census, more than two hundred thousand population, the mayor's salary shall be not more than fifty-five hun- dred dollars, and that of eacfi commissioner shall be not more than five thousand dollars. In cities having by the last census a population of over sixty thous- and not exceeding two hundred thousand, the may- or's annual salary shall be not more than three thous- and five hundred dollars, and that of each commis- sioner shall be not more than three thousand dollars. In cities having from forty thousand to sixty thous- and population, the mayor's annual salary shall be not more than two thousand five hundred dollars, and that of each commissioner shall be not more than two thousand dollars. In cities having from twenty to forty thousand population, the mayor's annual sal- 33 Commission Government Law ary shall be not more than one thousand eight hun- dred dollars and that of each commissioner shall be not more than one thousand five hundred dollars. In cities having from ten to twenty thousand population the mayors annual salary shall be not more than one thousand five hundred dollars, and that of each com- missioner shall be not more than one thousand two hundred dollars. In cities having from five thousand to ten thousand population, the mayor's annual sa- lary shall be not more than one thousand dollars, and that of each commissioner shall be not more than seven hundred and fifty dollars. In cities having from twenty-five hundred to five thousand popula- tion, the mayor's annual salary will be not more than seven hundred and fifty dollars, and that of each commissioner shall be not more than five hundred dollars. In cities having from one thousand to twen- ty-five hundred population, the mayor's annual salary shall be not more than five hundred and that of each commissioner not more than three hundred and fifty dollars. In cities having from five hun- dred to one thousand population, the mayor's salary shall be not more than two hundred and fifty and that of each commissioner shall be not more than two hundred dollars, and in cities having less than five hundred population, the mayor's salary shall be not more than seventy-five and that of each commissioner shall not be more than fifty dollars. The compensation of the mayor and commission- ers shall, in cities of the fourth class, be as follows: In such cities having, at the last preceding State or National census, more than ninety thousand popula- 34 Power Of Boards tion, the mayor's salary shall be not more than fifty- five hundred and that of each commissioner shall be not more than five thousand dollars. In cities hav- ing from forty thousand to ninety thousand popula- tion, the mayor 's annual salary shall be not more than four thousand and that of each commissioner shall be not more than three thousand dollars. In cities having from twenty thousand to forty thousand pop- ulation, the mayor's annual salary shall be not more than three thousand, and that of each commissioner shall be not more than twenty-five hundred dollars. In cities having from ten thousand to twenty thous- and population, the mayor's annual salary shall be not more than twenty-five hundred, and that of each commissioner shall be not more than two thousand dollars. In cities having from five thousand to ten thousand population, the mayor's annual salary shall be not more than two thousand and that of each commissioner shall be not more than fifteen hundred dollars. In cities having from twenty-five hundred to five thousand population, the mayor's annual sal- ary shall be not more than fifteen hundred, and that of each commissioner shall be not more than twelve hundred and fifty dollars. In cities having from one thousand to twenty-five hundred population, the may- or's annual salary shall be not more than twelve hundred and fifty, and that of each commissioner shall not be more than one thousand dollars, in cities having from five hundred to one thousand popula- tion, the mayor's annual salary shall be not more than seven hundred and fifty, and that of each com- missioner shall be not more than five hundred dollars. 35 Commission Government Law And in cities having less than five hundred popula- tion, the mayor's annual salary shall be not more than five hundred dollars and that of each commissioner shall be not more than two hundred and fifty dollars. Whenever an ordinance is to be submitted under this act to the voters of the municipality at any election, the city clerk shall cause such ordinance to be published in at least two of the newspapers pub- lished in such municipality, such publication to be not more than twenty nor less than five days before the submission of such ordinance to be voted on. 2. If any proviso, clause or section of this act shall be declared invalid or unconstitutional, the rest of the act shall stand and the proviso, clause or section declared invalid or unconstitutional shall be exscinded from this act. (P. L. 1915, p. 494.) Approved April 13, 1915; Inconsistent provi- sions repealed. The incumbent of the office of city clerk of a city created by the charter thereof, with prescribed duties and powers is not entitled on quo warranto to the oifice of city clerk created by the commissioners chosen after the adop- tion of this act, on the ground that the adoption of the commission form cf government was not created by the requisite number of votes; the office created by the com- mission being of a different character from the charter office. Morris vs. Fagan, 85 N. J. Law, p. 617; 90 Atl. Rep., p. 267. The management of municipal affairs under this act is entrusted to a beard of commissioners, but it largely leaves the mechanism of the adopting city's government and the provisions of its charter untouched. It does not alter general laws or charter provisions relating to the government of such city, except when inconsistent with the provisions of this act. Salter vs. Burk, 83 N. J. L., p. 152; 83 Atl. Rep., p. 973. The resolution of commissioners removing from of- fice a comptroller for ignoring a supersedeas staying the payment of judgment, and for failure to comply with 36 Power Of Boards provisions of the statutes and ordinances regulating duties of comptroller, it is held that the power of removal is vested in commissioners by section 4, and \vas legally ex- ercised. Barrett vs. Atlantic City, 85 N. J. Law, p. 134; 88 Atl. Rep., p. 856; 6 N. J. L., p. 675; 92 Atl. Rep., p. 1086. Section 4 (P. L. 1913, p. 836) as now amended vests all judical powers and duties possessed by the Mayor and common council and other executive or legislative bodies in the city in the board of commissioners, and these powers and duties must be retained by the board, and not be delegated. Herbert vs. Atlantic Citv, 87 N. J. L., p. 98; 93 Atl. Rep., D. 80. Where the resignation of a commissioner was to take effect on a certain day, it became effective at midnight on the day preceding, since the law takes no account of the fractions of a day. Where a commissioner acted as such on the day on which his resignation became effective, his acts were not those of a de facto officer, since he was acting under no color of right to the office. Loughran vs, Jersey City, 86 N. J. L., p. 422; 92 Atl. Rep., p. 55. The Walsh act empowers the commission to remove employees for cause, after public hearing, in accordance with the Civil Service and Tenure of Office acts, where such acts have been adopted. It is manifest, under para- graph 4, section 4, that removals can be made " for cause only after a public hearing." "Cause," meaning, just cause. Brokaw vs. Burk, 89 N. J. L., p. 132; 98 Atl. Rep., p. 11; Disbrow vs. Burk, Ibid; Johnston vs. Burk, Ibid. When a city has adopted this act its comptroller, col- lector and treasurer are no longer "chief executive offi- cers," since section 4 gives to the commissioners all exec- utive, legislative and judicial powers formerly exercised by all the city officers so that their secretaries or steno- graphers are not in the exempt class. Feeney vs. Burge, 89 N. J. L., p. 359; 98 Atl. Rep., p. 192. The Legislative did not intend by the provisions for the initiative in the Walsh act to make it possible to change fundamentally the scheme of government with power concentrated in the commissioners therein provided for, and again scatter the powers among different boards. The act to establish an excise department is superseded by the Walsh act in cities which adopt the latter. Buohl vs. Beverly, 90 N. J., p. 44; 100 Atl. Rep., p. 328. A director of public safety, in a city governed under the provisions of the "Walsh Act," has the power, sitting alone, to try a member of the police department on the charges preferred against him, where the board of com- 37 Commission Government Law missioners has, by resolution, and in accordance with the provisions of p. 494, P. L. 1915, amending section 4 of the Walsh Act, conferred upon such director the judicial powers exercised by him. Crane vs. Jersey City 90 N. J. L., p. 109; 103 Atl. Rep., pps. 678 and 1051. The amendment to section 4 of the Walsh Act ap- proved April 3, 1915, takes from the board of commis- sioners jurisdiction to try charges against a police officer, and vests such jurisdiction in the commissioner of the de- partment of public safety. Foley vs. City of Orange. 91 N. J. L., p. 554; 103 Atl. Rep., p. 743. Under P. L. 1915, p. 495, sec. 4, distributing judicial as well as executive and legislative powers, authorities and duties among the five city departments, the jurisdic- tion to try delinquent police officers is vested in the com- missioner of the department of public safety. The board of commissioners having a police officer, conviction and order of dismissal in no jurisdiction to hear and determine charges against proceedings before such board will be set aside, although the commissioner of public safety who had jurisdiction to try officer dismissed heard testimony and voted for conviction and dismissal. Apple vs. Atlantic City. 91 N. J. L., p. 000; 104 Atl. Rep., p. 89. Brennan vs. Mayor and Alderman of Jersey City. 92 N. J. L., p. 104 Atl. Rep., p. 90. Concerning Salaries 1. It shall be lawful for the board of commis- sioners of any city in this State which has adopted, or shall hereafter adopt the provisions of t*ie act to which this act is supplemental, to increase, by ordin- ance the compensation which the Mayor and Com- missioners shall receive; provided, the amount of such increase shall in no instance exceed fifty per centum of the salary as fixed by the act to which this act is supplemental; and provided, further, that no ordinance passed under the authority of this act shall become effective in any such city until after its provisions have been submitted to the electorate and adopted by a majority of the qualified voters voting 38 Power Of Boards thereon at a general or regular municipal election. (P. L. 1917, p. 767.) Approved March 29, 1917. Succeed to Power of Certain Former Bodies 1. Whenever the provisions of the act to which this act is supplemental have been adopted by any municipality, either prior or subsequent to the pass- age of this act, all boards and bodies, whether State or local municipal agencies, then existing in such municipality (except the board of education and the district court or courts) shall be ipso facto abolished, and all the powers and duties devolved by law upon such boards and bodies shall pass to, vest in and be performed by the board of commissioners elected under the provisions of the act to which this act is supplemental; provided, however, that nothing in this act contained shall be construed to prohibit the creation of subordinate boards as authorized by para- graph four of section four of said act to which this act is supplemental. 2. The enacting clause of all ordinances passed by the board of commissioners shall be, "The Board of Commissioners of the (insert name of municipal- ity) do ordain, " and all procedings for the recovery of penalties for the violation of the ordinances of the municipality shall be commenced and prosecuted in the corporate name of the municipality. 39 Commission Government Law 3. The board of commissioners shall have, pos- sess and exercise all the power that shall be granted to the boards and bodies supplanted by it, by laws enacted subsequently to the organization of said board, unless such power shall be expressly withheld! (P. L. 1913, p. 581.) Approved April 9, 1913. An ordinaries regulating conditions governing the sale of milk or cream (the pure food law), adopted by a city having a commission form of government, invested under the Walsh Act with powers conferred upon a Board of Health under Act of March 29, 1904, (P. L. 1904, p. 344), section 4, is invalid, the commissioners suc- ceeding to the powers of the Board of Health. Jersey City vs. Hennessey. 106 Atl. Rep., p. 405. Shall Control Places of Amusements Etc. 1. In order to lessen the dangers caused by fire, explosion and panic, the board of commissioners shall have power to regulate the use of dance halls, schools, churches, theatres, opera houses, and all buildings used- for public entertainment or amuse- ment ; to compel the owners, lessees, or persons oper- ating or controlling the same to provide adequate and sufficient exits and fire escapes therefrom, and to prevent the obstruction thereof; to properly guard all lights and electric wires therein: to regulate the construction, installation and use of moving picture machines, scenery and other apparatus and appli- ances used in such buildings. 2. Said board shall have power to prescribe penalties for the violation of any ordinance or regula- tion which they are empowered to make by the act 40 Power Of Boards to which this act is a supplement, or by any amend- ment thereof or supplement thereto. (P. L., 1913, p. 197.) Approved March 25, 1913. Power Over Excise Matters 1. Whenever the provisions of the act to which this act is supplemental have been adopted by any municipality having within their territorial limits a population of over, ten thousand inhabitants, the com- missioners elected either prior or subsequent to the passage of this act, under the act to which this act is supplemental shall act as an excise board in said municipality and said commissioners acting as such ex- cise board shall have power jwithin such municipality to make, establish, amend or repeal ordinances and by-laws ; to license and regulate the sale of intoxicat- ing liquors in said municipality; to prescribe by or- dinance the form of application to be used, and to fix the amount of license fees to be paid for the various licenses that may be used, and when licensed, to re- voke or transfer such licenses, and to prohibit all traffic in or sale of intoxicating drink or drinks, to license, regulate or prohibit billiard saloons or bowling alleys and to prescribe and enforce a penalty or pen- alties either by a fine not exceeding two hundred dollars or imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, not exceeding ninety days or both, for the violation of such ordinances or by-laws, which said penalties shall be enforced and collected by said board of commissioners acting as an excise board in such municipalities in the same manner as other pen- 41 Commission Government Law alties are enforced and collected in any municipality, and that every ordinance or by-law of said commis- sioners acting as an excise board in said municipality shall be introduced and passed in the same manner that other ordinances are introduced and passed in said municipality except franchise ordinances ; and no license for such purposes within said municipality, granted by any other authority, shall be lawful; that all fees for licenses granted by said commissioners Acting as an excise board for said municipality shall be paid to the clerk of said municipality who shall, in addition to his other duties, act as clerk of said commissioners acting as an excise board in said municipality, and by him said fees shall be paid over to the treasurer of said municipality ; provided, how- ever, that nothing in this act contained shall be held to repeal or alter any law of this State concerning any misdemeanor or other crime, and that no license shall be prescribed or issued for any character of business different from that now permitted by law or any license fee fixed for any amount less than the mini- mum amount fixed by law; provid-ed, however, that nothing in this act contained shall be construed to pro- hibit the board of commissioners in cities adopting the provisions of the act to which this act is supplemental from the creation of a subordinate excise board in the same manner as the creation of other subordinate boards is authorized by paragraph four of section four of said act to which this act is supplemental. (P. L. 1918, p. 1086). Approved March 6, 1918. 2. Whenever the provisions of the act to which this act is supplemental have been adopted by any 42 Power Of Boards municipality either prior or subsequent to the pass- age of this act, this act shall abrogate, repeal and annul all acts or parts of acts then existing, whether general or special, in anywise affecting the gover- ment of such municipality , which are contrary to or inconsistent with the provisions of this act. (P. L. 1918, p. 1088.) Approved March 6, 1918 3. If any proviso, clause or section of this act shall be attacked in any court, and it shall be declared invalid or unconstitutional, the rest of this act shall stand and the proviso, clause or section declared in- valid or unconstitutional shall be exscinded from this act. (P. L. 1918, p. 1088.) Approved March 6, 1918. 4. Nothing contained herein shall be construed to repeal or affect the act entitled A. D. 19.... ) (P. L. 1917, p. 48.) Aproved Marcli 14, 1917. 2. The city clerk shall examine the "recall petition" to ascertain if it conforms with the re- quirements of this act. He shall complete this ex- amination within ten days from the receipt thereof. In examining the signatures of the electors he may, if in doubt as to the genuineness of any of them, com- pare them with the signatures contained in the registry books used at the last preceding "general election . ' ' If the clerk shall determine that the petition does not conform with the requirements of this act, then he shall return it to the agent or agents who filed it for the purpose of correction, which correc- tion may be made, and the petition again filed with- in ten days of its return by the clerk as aforesaid. If the clerk shall determine that the petition does not conform ,with the requirements of this section, he shall proceed to call an election for the recall of the "incumbent," as follows: He shall immediately prepare a "certificate of notice ' ' in the following form ; 77 Commission Government Law (1) This is to Certify, That a petition has been filed with the Clerk of (name of "muni- cipality"), for the recall of (insert name of "incumbent"), a Commissioner of (insert name of "municipality"), for the following reasons : (insert reasons con- tained in "recall petition") . (2) An election to determine if the Commis- sioner shall be recalled; and if so, to elect his suc- cessor, will be held on the day of 19 Dated : day of ,19.... City Clerk. A copy of the above certificate shall be served on the commissioner to be recalled and also upon the other commissioners of such municipality, it* the aforesaid commissioners can be found. Copies of this certificate shall also be published at least once every week in at least one newspaper circulating in such municipality, and daily (if there be a daily newspaper) on the three days preceding the day of election . After the "petition of nomination" as herein- after provided shall have been filed with the city clerk, he shall add to the publication certificate a third paragraph, as follows : (3.) The following persons have ?led "peti- tions of nominations" to succeed (insert name of "incumbent"), if he shall be recalled, and 78 Recall are to be voted on as successor to the said Commis- sioner : (Insert names of persons filing "petitions of nomination. ") Signed, City Clerk. (P. L. 1915, p. 623.) Approved April 15, 1915. The duty of the clerk of a municipality governed by the statute commonly called the Walsh Act concerning the filling of a petition for the recall of an elective officer, is te ascertain whether or not the petition is signed "by the requisite number of qualified electors," and to make a certificate showing the result of such ascertainment; but he has no power to determine the legal qualifications of the officer sought to be recalled, nor the question whether he has actually held his office for one year. Poole vs. Lawrence, 86 N. J. L., p. 90; 90 Atl. Rep., p. 668. When a commissioner resigns, and is immediately reappointed, such action does not vest him with a new term of office; but in deciding whether he has held office for more than one year, his service prior to such resigna- tion and reelection is to be taken as a part of is service in determining whether he has actually held his office for at least a year. Poole vs. Lawrence, 86, N. J. L., p. 90; 90 Atl. Rep., p. 668. 3. The city clerk shall fix a day for holding the "recall election/' which day, if convenient, shall be a Tuesday falling between the thirtieth and fortieth days after the date of the "certificate of notice" above provided for. The city clerk and the board of commissioners shall make or cause to be made all arrangements for holding the "recall election," and shall provide all 79 Commission Government Law necessary funds therefor and the commissioners are hereby authorized to raise funds necessary for this purpose in any convenient manner. The "recall election" shall be ccnducted and returned as general election* are conducted at which are voted for members of the General Assembly, and, except as otherwise provided in this section t.nd in so far as they are applicable, the "recall election " shall be governed by the provisions of an act entitled "An act concerning elections" (Revision of 1898), approved April fourth, one thousand eight hundred and ninety-eight, and the amendments thereof and supplements thereto, and according to the provisions of chapter 188 of the laws of 1911, known as the "Corrupt Practices Act." (P. L. 1915, p. 625.) Approved April 15, 1915. 4. The judge of the Court of Common Pleas shall sit in some public place in the municipality where such "recall election" is to be held on at least one day in the week prior to the day of the "recall election." He shall have power, by order, to grant transfers and place upon the registry books the names of legal voters whose names were not upon the regis- try books of the last general election, but who would be entitled to be registered if the "recall election" was in fact a general election. There shall be no primary election for the nomi- nation of candidates, nor shall there be any registry day preceding a "recall election." Nominations for -successors to the commissioner proposed to be recalled shall be by "petition for nomination," jwhich "petition for nomination" shall be signed by at least fifteen per centum of the legal 80 Recall voters of the municipality and filed with the city clerk at least fifteen days before the "recall elec- tion," and shall be in form as follows: (1.) To the Clerk of (insert name of municipality) : You are hereby requested to place up- on the ballot at the recall election to be held on. ... the day of , 19 . . . . , as provided in your "certificate of notice" dated day of , 19 . . . . , as successor to the commis- sioner proposed to be recalled the name of (insert name of person to be nominated), of (insert address), and for so doing this petition shall be your sufficient warrant. Signed Name. Street address. I accept the nomination. Dated: (Name of Nominee) State of New Jersey, ) County of J , being duly sworn according to law, says: That he is one of the signers of the above petition, and that he knqws that the signatures thereon are in the handjwriting of the signers, and to the best of his knowledge and belief are the signa- tures of the persons purporting to sign the same. 81 Commission Government Law Subscribed and Sworn to before me ( this day of , A. D. 19.... ( (P. L. 1915, p. 625.) Approved April 15, 1915. 5. If the clerk shall believe the "petition for nomination" to be defective in any particular, he shall return the same to the person accepting the nomination for correction, and the petition for nomi- nation may be corrected and returned within three days after its return by the city clerk. If the city clerk shall return such petition, he shall give in writing his reasons therefor. (P. L. 1915, p. 627.) Approved April 15, 1915. 6. If the "incumbent" shall resign within three days after the certificate of notice shall have been served upon him, then these proceedings shall be modified accordingly, and the election for his suc- cessor shall proceed as herein provided. If the " incumbent "shall desire to contest his recall, he shall file with the city clerk at least fifteen days before the "recall election" an "incumbent's petition," ( which petition shall be signed by