Bott v. Wurts

• Decision Date: 17 July 1899
• Parties: BOTT v. WURTS, Secretary of State.
• Court: New Jersey Supreme Court

43 A. 881

63 N.J.L. 289

BOTT

v. WURTS, Secretary of State.

Court of Errors and Appeals of New Jersey.

July 17, 1899.

Concurring opinion. For majority opinion, see 43 Atl. 744.

GUMMERE, J. When the plaintiff in error first applied to the supreme court for the writ of certiorari in this case, its allowance was opposed by Mr. Justice VAN SYCKEL upon the ground that the question whether or not an amendment had been adopted into our state constitution was a political, not a judicial, one. Bott v. Wurts, 61 N. J. Law, 163, 38 Atl. 1099. I concur in the views expressed in the opinion delivered by him. On the merits of the case, I concur in the opinion of Mr. Justice DEPUE, delivered in the supreme court on the final hearing of the cause. 62 N. J. Law, 107, 40 Atl. 740. I shall therefore vote to affirm the judgment under review, for the reasons contained in those opinions. I am authorized to state that MAGIE, C. J., and LIPPINCOTT, J., vote to affirm the judgment for the same reasons.