Budd v. Hancock
Supreme Court of New Jersey
On rule to show cause why a mandamus should not issue. The following statement of the facts of the case is taken from the brief of the attorney-general: “The relator held the office of commissioner of public roads. There is no other office of like character in the state. He was commissioned May 21st, 1895, under an ad interim appointment.
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On rule to show cause why a mandamus should not issue. The following statement of the facts of the case is taken from the brief of the attorney-general: “The relator held the office of commissioner of public roads. There is no other office of like character in the state. He was commissioned May 21st, 1895, under an ad interim appointment. He was again commissioned March 26th, 1896, for a term of three years, which expired March 26th, 1899, and on March 26th, 1899, he was commissioned for the third time for a term ending March 26th, 1902. On the 23d of March, 1900, an act was passed (Pamph.…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
What constitutes a special law within the meaning of the amended constitution has been repeatedly adjudicated.
A law is special in a constitutional sense when, by force of ,an inherent limitation, it arbitrarily separates some persons, places or things from others upon which, but for such limitation, it would operate. . The test of a special law is the appropriateness of its provisions to the objects that it excludes. It is not, therefore, what a law includes that makes it special, but what it excludes. If nothing be excluded that should be…
2Cases cited1 opinion
- Lehigh Zinc & Iron Co. v. New Jersey Zinc & Iron Co.Supreme Court of New Jersey · 1893
3Cited by73 opinions
- Phillips v. CurialeSupreme Court of New Jersey · 1992
- Newark Superior Officers Ass'n v. City of NewarkSupreme Court of New Jersey · 1985
- Paul Kimball Hospital, Inc. v. Brick Township Hospital, Inc.Supreme Court of New Jersey · 1981
- Martin's Executors v. CommonwealthSupreme Court of Virginia · 1920
- Shelton & Luck v. SydnorSupreme Court of Virginia · 1920
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