Lamb, Application of

Decision Date11 April 1961
Docket NumberNo. A--130,A--130
Citation170 A.2d 34,34 N.J. 448
PartiesApplication of Joseph LAMB et al.
CourtNew Jersey Supreme Court

Maurice C. Brigadier, Jersey City, for appellants (Seymour Margulies, Jersey City, on the brief).

Theodore I. Botter, Deputy Atty. Gen., for respondent (David D. Furman, Atty. Gen., attorney).

PER CURIAM.

A petition was filed in the Appellate Division alleging that Chapter, 1, Laws of 1961, was void on the ground that it was not adopted in the manner required by the Constitution. The Appellate Division sustained the act. The applicants prosecuted the present appeal.

For the reasons given by the Appellate Division we are satisfied the Governor was empowered by Art. V, sec. I, par. 12 of the Constitution to convene the General Assembly to consider the subject of reapportionment and that his call was sufficient to that end. The challenge to the validity of the bill adopted by the General Assembly in response to the Governor's call is accordingly without merit. The judgment of the Appellate Division is affirmed.

For affirmance: Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN--7.

For reversal: None.

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7 cases
  • De Vesa v. Dorsey
    • United States
    • New Jersey Supreme Court
    • December 23, 1993
    ...we believe that the judiciary could review that action. In re Lamb, 67 N.J.Super. 39, 59, 169 A.2d 822 (App.Div.), aff'd, 34 N.J. 448, 170 A.2d 34 (1961). court"); State v. Rogers, 56 N.J.L. 480, 616, 28 A. 726 (Sup.Ct.1894) (holding that "when the inquiry is whether the legislature or any ......
  • Gilbert v. Gladden
    • United States
    • New Jersey Supreme Court
    • July 29, 1981
    ...in giving effect to the constitutionally-declared scheme. See In re Lamb, 67 N.J. Super. 39, 59, 169 A.2d 822 (App.Div.), aff'd 34 N.J. 448, 170 A.2d 34 (1961). Furthermore, since a state constitution, unlike its federal counterpart, is not a grant but a limitation of legislative power, Sta......
  • McCabe, Application of
    • United States
    • New Jersey Supreme Court
    • January 7, 1980
    ...the unconstitutional validity of the law itself. In re Application of Lamb, 67 N.J.Super. 39, 43, 169 A.2d 822 (App.Div.), aff'd 34 N.J. 448, 170 A.2d 34 (1961); In re Application of McGlynn, 58 N.J.Super. 1, 13, 155 A.2d 289 (App.Div.1959); In re An Act Concerning Alcoholic Beverages, 130 ......
  • State v. Gregorio
    • United States
    • New Jersey Superior Court
    • August 18, 1982
    ...aff'd 646 F.2d 848, 854 (3 Cir.1981); Application of Lamb, 67 N.J.Super. 39, 57, 169 A.2d 822 (App.Div.1961), aff'd o.b. 34 N.J. 448, 170 A.2d 34 (1961). The code of ethics provision requiring the filing of financial statements stands upon an entirely different footing. As noted in the Atto......
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