Frelinghuysen v. Town of Morristown

The opinion of the court was delivered by

Swayze, J.

The writ in this case has brought here for review the proceedings of the board of sewerage of the town of Morristown for the construction of sewage disposal works for that municipality within the bounds of the township of Hanover. The proceedings were taken under the act of 1902. Pamph. L., p. 371.

The first objection to be considered is the constitutionality of the act. It is assailed, first, as a special act because it is said to apply only to towns incorporated prior to its passage. This contention is based on the first sentence of the act,…