State v. Mayor

• Decision Date: 13 November 1889
• Citation: 18 A. 694,52 N.J.L. 32
• Parties: STATE ex rel. ATTORNEY GENERAL v. MAYOR, ETC., OF SOMERS' POINT.
• Court: New Jersey Supreme Court

18 A. 694

52 N.J.L. 32

STATE ex rel. ATTORNEY GENERAL

v. MAYOR, ETC., OF SOMERS' POINT.

Supreme Court of New Jersey.

Nov. 13, 1889.

(Syllabus by the Court.)

On information filed by the attorney general ex officio. On demurrer to the plea.

Argued before the Chief Justice and DEPUE, VAN SYCKEL, and SCUDDER, JJ.

P. L. Voorhees, for relator. D. J. Pancoast, for respondent.

DEPUE, J. The borough of Somers' Point was incorporated under an act of the legislature entitled "An act for the formation of borough governments in sea-side resorts," approved March 29, 1878, (P. L. 1878, p. 232; Supp. Revision, 942.) The object of the information filed by the attorney general ex officio is to test the constitutionality of the act under which this municipal corporation was organized. The contention against the validity of this corporation is founded upon the prohibitory clauses contained in paragraph 11, § 7, art. 4, Const. The first section of the act provides "that the inhabitants of any township * * * which is a seaside resort for summer visitors, embracing within an area, not to exceed two square miles, taxable property of the amount of one hundred thousand dollars or more, may become a body corporate and politic in fact and in law, under the title of the borough of ——, whenever, at a general or special election called for that purpose, it may be so decided by a majority of the votes of the electors of such township or part of a township." Section second provides that such election shall be called by one of the chosen freeholders of the township in which the district proposed to be incorporated is situate, on written application by persons representing one-tenth of the taxable real estate in such district. The other sections of the act provide for the election of a mayor and members of a common council, and officers, such as clerk, officers of election, assessors, collectors, chosen freeholders, surveyors of the highways, etc., with the powers and duties of such officers in any of the townships of this state. The act also provides for ordinances laying out, opening, and improving streets and sidewalks, erecting public buildings, water and gas works, and for the exercise of all those governmental functions which usually pertain to cities and towns. The powers granted to municipalities organized under this act are found in a series of acts contained in the Supplement to the Revision, from pages 942 to 950. They are equal to, and in some respects exceed, the...