Fagan v. Mayor & Common Council of Hoboken

*227The opinion of the court was delivered by

Kalisch, J.

On the 2d day of January, 1903, the common council of the city of Hoboken by resolution, with consent of the mayor, designated the “Hoboken Observer” as the official newspaper of the city of Hoboken under the act of 1892. Pamph. L., p. 414; 3 Comp. Stat., 3767, § 24.

The section of the act directly involved in the matter presented for decision reads: “That it shall be lawful for the common council * * * with the consent of the mayor of any city of the second class in this state (Hoboken is a city of the second class), to designate by…