Oliver v. Daly
| Decision Date | 28 January 1926 |
| Docket Number | No. 216.,216. |
| Parties | OLIVER et al. v. DALY et al. |
| Court | New Jersey Supreme Court |
Certiorari proceeding by Augusta Oliver and others against Bert Daly and others, as the Board of Commissioners of the City of Bayonne, and another, to review the validity of certain resolutions of the board. Resolutions set aside as illegal.
Argued May term, 1925, before TRENCHARD, KATZENBACH, and LLOYD, JJ.
Gross & Gross, of Jersey City (Isaac Gross, of Jersey City, of counsel), for prosecutors.
James Benny, of Bayonne, for defendants.
This case is before us upon a writ of certiorari directed to the board of commissioners of the city of Bayonne and the city of Bayonne. The prosecutors of the writ are two of the board of commissioners, Robert J. Talbot, mayor of Bayonne, and Patrick J. O'Connell, director of parks and public safety. The writ brings up for review the validity of six resolutions passed by the board of commissioners on December 2, 1924, by a vote of three to two. The prosecutors cast the two negative votes.
On April 23, 1915, the city of Bayonne assumed a new municipal raiment. On that day a board of five commissioners, elected under the provisions of the Walsh Act (Comp. St. Supp. 1911-1915, p. 1087, § 262 et seq.), were inducted into office. The powers and duties of the respective departments were determined by appropriate resolutions. Each commissioner was assigned to a department. Four years passed, and a new board of commissioners was elected. On November 25, 1919, the members of the new commission were assigned to the different departments to assume the duties as previously outlined in 1915 for each department. On May 15, 1924, when another board took control, resolutions were adopted designating Robert J. Talbot as mayor. He thereby was assigned to the department of public affairs. Patrick J. O'Connell was assigned to the department of public safety. Previous to the retirement of the old board of comissioners they had met and selected 51 new policemen, and firemen.' This action was questioned and reviewed. Mayor Talbot was opposed to this action of the old board of commissioners, and refused to sign checks for the payment of salaries to the new policemen and firemen. This resulted in the board of commissioners passing the resolutions under review which stripped Mayor Talbot of all his powers and duties, excepting his duties in connection with the free public library of the city of Bayonne. A like fate met Commissioner O'Connell. They applied for, and obtained, a writ of certiorari to review...
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City of Trenton v. Fowler-Thorne Co.
...the life of the then incumbent commission, at least until contrary action by a later-elected commission. Cf. Oliver v. Daly, 4 N.J.Misc. 80, 131 A. 678 (Sup.Ct.1926), modified on another ground, 103 N.J.L. 52, 134 A. 870 (E. & We do not find the city's argument sustained by the language of ......
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Dawkins v. Bazer
... ... department" to which the police department could be ... assigned. An interesting opinion on this subject is to be ... found in Oliver v. Daly, 103 N. J. Law, 52, 134 A ... 870, 872, rendered by the Court of Errors and Appeals of New ... Jersey, in October, 1926. The city of ... ...
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O'Connell v. City of Bayonne
...latter case it was held that the statutory provisions on this subject applied to cities either of three or five commissioners. Oliver v. Daly (N. J.) 131 A. 678, is cited to the contrary; but the question in that case was the alleged arbitrary alteration in the powers and duties of the seve......
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Comly v. Atl. City
...in the Oliver Case. The resolutions in that case were passed December 2, 1924, and the certiorari was argued at May term, 1925 ([N. J. Sup.] 131 A. 678), but when, as in this case, so long a delay has ensued, a writ should be denied on the ground of laches, as in O'Connell v. Bayonne (N. J.......