217 A.2d 132 (N.J. 1966), A--81, State v. Holden

Docket Nº:A--81.
Citation:217 A.2d 132, 46 N.J. 361
Opinion Judge:[9] Per Curiam
Party Name:STATE of New Jersey, Plaintiff-Appellant, v. Elmer HOLDEN, Defendant-Respondent.
Attorney:[6] Mr. William J. Cook argued the cause for appellant (Mr. Thomas F. Connery, Jr., attorney for Delaware River Port Authority; Mr. Norman Heine, Prosecutor of Camden County, and Mr. William D. Dilks, Prosecutor before the Municipal Court of Gloucester City, attorneys).
Case Date:February 21, 1966
Court:Supreme Court of New Jersey
 
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Page 132

217 A.2d 132 (N.J. 1966)

46 N.J. 361

STATE of New Jersey, Plaintiff-Appellant,

v.

Elmer HOLDEN, Defendant-Respondent.

No. A--81.

Supreme Court of New Jersey.

February 21, 1966

Argued Jan. 24, 1966. [46 N.J. 362]

William J. Cook, Camden, for appellant (Thomas F. Connery, Jr., Camden, attorney for Delaware River Port Authority, Norman Heine, Pros. of Camden County, and William D. Dilks, Pros. before Municipal Court of Gloucester City, attorneys).

No appearance for respondent.

PER CURIAM.

The Walt Whitman Bridge spans the Delaware River and connects New Jersey and Pennsylvania. It is owned and operated by the Delaware River Port Authority, a body corporate of the State of New Jersey and the Commonwealth of Pennsylvania, and is policed by members of a force maintained by the Authority. While the defendant was driving on the bridge, his automobile collided with a truck at a point on the bridge which may be called the Pennsylvania side. The defendant remained at the scene until the Authority police arrived and took him in custody. Complaints against the defendant for drunken driving (N.J.S.A. 39:4--50) and for careless driving (N.J.S.A. 39:4--97) were immediately filed by the Authority police in the Municipal Court of Gloucester City, Camden County, New Jersey. Thereafter the defendant attacked New Jersey's jurisdiction alleging that no offense had been committed within the State. In a letter opinion dismissing the complaints, the municipal magistrate determined that since the defendant had not operated his automobile within the territorial limits of New Jersey, the court lacked jurisdiction. With leave granted, the State appealed to the Appellate Division and we certified before argument there.

In 1931 the State of New Jersey and the Commonwealth of Pennsylvania entered into an agreement establishing the [46 N.J. 363] Delaware River Joint Commission, later known as the Delaware River Port Authority. L.1931, c. 391; N.J.S.A. 32:3--1 et seq.; Pa.Stat.Ann. tit. 36 §§ 3503--3505. The consent of Congress was given during the following year. 47 Stat. 308. The agreement provided for the Authority's operation of an existing bridge owned jointly by New Jersey and Pennsylvania. In 1951 a supplemental agreement with respect to an additional

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bridge was entered into and was thereafter approved by Congress. See L.1951, c. 287; N.J.S.A. 32:3--13.12 et seq.; Pa.Stat.Ann. tit. 36 § 3503; 66 Stat. 738. The power to arrest and prosecute for offenses committed on the bridges has been set forth in pertinent legislation adopted by New Jersey and Pennsylvania. N.J.S.A. 32:4--6; Pa.Stat.Ann. tit. 36 § 3504.1. Though there are obscurities in the statutory language, the legislative...

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