Hammond v. Bd. of Aldermen of City of Paterson
| Decision Date | 11 January 1940 |
| Docket Number | No. 237.,237. |
| Citation | 10 A.2d 269,123 N.J.L. 553 |
| Parties | HAMMOND v. BOARD OF ALDERMEN OF CITY OF PATERSON (two cases). |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
1. The legislature has the power to require a license to keep a junk yard, for the purpose of regulating the conduct of it, as the public interests may lawfully demand.
2. The legislature is vested with large discretion to determine not only what the interests of the public welfare require, but also what measures are necessary to secure such interests.
3. Evidence examined, and held, that the refusal of the Board of Aldermen of the City of Paterson to grant a junk yard license in the present case was a reasonable exercise of the police power, and in the public interests within the power granted.
Certiorari proceeding by Harry Hammond against the Board of Aldermen of the City of Paterson to review the action of the respondent in refusing to issue the prosecutor a junk yard license, and mandamus proceeding by Harry Hammond against the Board of Aldermen of the City of Paterson to compel the respondent to issue the junk yard license.
Respondent's decision affirmed.
Argued October term, 1939, before TRENCHARD, CASE, and HEHER, JJ.
Aaron Heller of Passaic, for prosecutor and relator.
Charles F. Lynch and Salvatore D. Viviano, both of Paterson, for respondent.
On May 2, 1938, and again on August 15, 1938, the Board of Aldermen of the City of Paterson, respondent, refused to issue a junk yard license to the prosecutor. The prosecutor was allowed a writ of certiorari to review such action and a rule to show cause why a peremptory or alternative writ of mandamus should not issue. By stipulation both causes were argued and considered together upon the same record. The prosecutor of the writ now contends that (1) respondent's action was arbitrary and unreasonable, and (2) respondent's action was not supported by evidence, and deprived prosecutor of his constitutional rights.
We think such contentious are without merit.
The record discloses that on April 6, 1938, the City of Paterson adopted "An ordinance to license and regulate junk yards in the City of Paterson" and such ordinance was thereafter continuously in effect. Section 1 thereof ordained "That no person or persons, firm or corporation shall engage in the business of keeping a junk yard, that is no person or persons, firm or corporation, shall keep and maintain a yard, covered or uncovered, space or place, in the City of Paterson, for the purpose of buying and selling, exchanging or storing rags, old metals, old bottles, old glassware, old tinware, old paper, old lumber, old plumbing fixtures, dismantled old automobiles or parts thereof, motor vehicle junk, or any other old material commonly called junk, without being licensed so to do by the Board of Aldermen of the City of Paterson, provided, however, this shall not prohibit the storage of old material to be used by the person or persons, firm or corporation, storing the same for manufacturing purposes."
It is not contended that the city lacked power to enact such ordinance. The...
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...'and sightly' (which we shall refer to later)--sets up a valid standard applicable here. See Hammond v. Board of Aldermen of City of Paterson, 123 N.J.L. 553, 554, 10 A.2d 269 (Sup.Ct.1940), affirmed 125 N.J.L. 627, 17 A.2d 549 (E. & A.1941), dealing with a junk yard in existence when the a......
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...one existing in possibility, not in actuality. Let us allude to some contrastive cases. In Hammond v. Board of Aldermen of City of Paterson, 123 N.J.L. 553, 10 A.2d 269 (Sup.Ct.1940), affirmed by equally divided court, 125 N.J.L. 627, 17 A.2d 549 (E. & A.1941), the applicant for the license......
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Chipolone v. Mun. Council Of City Of Clifton., s. 213, 214.
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