Bauer v. Town of West Hoboken

The opinion of the court was delivered by

Gummere, Chief Justice.

The certiorari in this ease brings up for review an ordinance of the town council of West Hoboken, adopted August 23d, 1916, providing for the purchase of certain fire apparatus, and proceedings subsequent thereto and in execution thereof. The amount proposed to be expended under the ordinance was limited therein to $17,800, and the payment was to be made out of the taxes assessed and collected for the year 1916.

The principal attack upon the ordinance is that it is ultra vires the town council, because in violation of an act…