State v. Twp. Comm. of Northampton Tp.

Decision Date05 June 1890
Citation19 A. 975,52 N.J.L. 496
PartiesSTATE (GIBBS, Prosecutor) v. TOWNSHIP COMMITTEE OF NORTHAMPTON TP.
CourtNew Jersey Supreme Court

(Syllabus by the Court.)

Argued at February term, 1890, before DEPUE, VAN SYCKEL, and GARRISON, JJ.

Walter A. Barrows, for prosecutor. F. B. Levis, for defendants.

GARRISON, J. This certiorari brings up an order of the circuit court of Burlington county, made on the 13th day of October, 1888, by which commissioners were appointed to make an assessment for benefits for sewers laid in Northampton township under the provision of the act "to provide for drainage and sewage in densely populated townships in which there is a public water supply," approved March 4, 1884. P. L. 32, and the various supplements.

The chief ground of attack is that in Northampton township there is no public water supply.

By the statement of facts annexed to the return, it is agreed that the mains of the Mt. Holly Water Company are laid through the streets of Mt. Holly, which town is identical with the township of Northampton, and that the water supplied by this company is used by the township for flushing its sewer-pipes. The owner of the water-works is a private corporation; and the contention now advanced is that the act in question, by its title, has reference only to townships in which the water which constitutes the public supply is owned and controlled by a municipal corporation. The language of the title, while it possibly admits of such an interpretation, certainly does not compel it. "A public water supply" may mean either water supplied from a plant owned by the public, or it may mean a water supply available for public purposes. The object sought by the act under consideration require for their successful operation a supply of water for the public uses in question. Whether the capital embarked in the enterprise which supplies the water be private or public seems to me to be without significance. Water, if it can be obtained for flushing the public sewers, will tend to the successful operation of the objects intended to be secured by the statute without reference to the ownership of the plant. That water can and is so obtained for this public use by Northampton township is one of the admitted facts in this case. All doubts as to the sense in which the words "public water supply" are employed in the title of the act are removed by the first section of the act itself. It is there declared that the townships referred to are those "in which a supply of water for public and domestic...

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5 cases
  • Troutman v. Crippen
    • United States
    • Tennessee Supreme Court
    • May 10, 1937
    ... ... caption, in violation of article 2, section 17, of the State ... constitution, but in his discretion permitted defendants to ... v. Thomas, 64 Kan. 511, 68 P. 70; State v ... Northampton Tp., 52 N.J.L. 496, 19 A. 975.' ...          Upon ... the ... ...
  • Marioneaux v. Cutler
    • United States
    • Utah Supreme Court
    • August 1, 1907
    ... ... Cutler, Governor, and others, constituting ... the state board of examiners, to compel defendants to allow ... petitioner's claim ... 89, 27 P. 179; Gibbs v. [32 ... Utah 487] Northampton Township , 52 N.J.L. 496, 19 A ... 975; Winters v. City of Duluth , 82 ... ...
  • Shields v. Williams
    • United States
    • Tennessee Supreme Court
    • July 19, 1929
    ... ... [19 S.W.2d 263] ... fiscal officers of the state, primarily assailing the ... enactments as unconstitutional, but, in the ... Thomas, 64 Kan. 511, 68 P ... 70; State v. Northampton Twp., 52 N. J. Law, 496, ... 19 A. 975 ...          A ... ...
  • Borough of Sayreville v. Pennsylvania R. Co.
    • United States
    • New Jersey Supreme Court
    • February 24, 1958
    ...that is not expressed in the title.' Hendrickson v. Fries, 45 N.J.L. 555, 563 (E. & A.1883); Gibbs v. Township Committee of Northampton Township, 52 N.J.L. 496, 19 A. 975 (Sup.Ct.1890); Dobbins v. Northampton, 50 N.J.L. 496, 14 A. 587 It is particularly significant in this regard that the e......
  • Request a trial to view additional results

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