State ex rel. Parker v. Common Council of Newark

The opinion of the court was delivered by

Dixon, J.

The relator, having on July 16th, 1894, been appointed by the mayor of the city of Newark as alderman of the Fourth ward, to fill a vacancy caused by the death of the prior incumbent, applies for a writ of mandamus directing the common council to admit him to his seat. The council denies the right of the mayor to fill a vacancy in its membership.

The right, if it exists, must rest upon “An act concerning cities of the first class,” approved April 16th, 1891 (Pamph. L., p. 475), which enacts that in any city of the first class, the charter of…