Smith v. Borough of Hightstown

The opinion of the court was delivered by

Swayze, J.

The writ in this case removes the proceedings of the borough of Hightstown granting a license to keep an inn' or tavern to Daniel N. Steward. It is brought on for argument under section 5 of the act of 1903. Pamph. L., p. 344. Both sides were represented by counsel at the argument, and it was conceded that the question was properly before me- for final judgment.

Hightstown was incorporated as a borough by a special charter. Pamph. L. 1853, p. 312. Section 19 of the charter gives the common council the sole and exclusive power of licensing…