Miller v. Greenwalt
Supreme Court of New Jersey
Oil rule to show cause why writs of mandamus should not issue. Chapter 157 of the laws of 1899 (Pamph. L.,p._355) is as follows: “An act providing for the annexation of the town of Stockton, in the county of Camden and the territory embraced therein, to the city of Camden, in said county.
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Oil rule to show cause why writs of mandamus should not issue. Chapter 157 of the laws of 1899 (Pamph. L.,p._355) is as follows: “An act providing for the annexation of the town of Stockton, in the county of Camden and the territory embraced therein, to the city of Camden, in said county. “Be it enacted by the Senate and General Assembly of the State of New Jersey: “ 1. The town of Stockton, in the county of Camden and the territory embraced therein shall be and hereby is annexed to the city of Camden, in said county of Camden; provided, that nothing herein contained shall in any way effect…
1Opinion of the Court
*199The opinion of the court was delivered by
Collins, J.
The challenged statute is, we think, constitutional. The power of creating municipal corporations is inherent and. exclusive in the legislative department of the government. In re Ridgefield Park, 25 Vroom 288. Nothing in the amendment of 1875, limiting to general laws the power of regulating internal affairs of towns and counties, curtails the power of creation. This is conceded in the decisions interpreting the amendment, although the grounds for the concessions have not been uniformly taken. It was the opinion of Chief Justice Beasley…
2Cases cited2 opinions
- In re the Inc. of the Ridgefield ParkSupreme Court of New Jersey · 1892
- State v. StoutSupreme Court of New Jersey · 1896
3Cited by4 opinions
- Dock Watch Hollow Quarry Pit v. Tp. of WarrenNew Jersey Superior Court Appellate Division · 1976
- Bridgewater Twp. v. RaritanNew Jersey Superior Court Appellate Division · 1949
- Ryan v. Mayor & Council Bor. of DemarestSupreme Court of New Jersey · 1974
- Seaman v. City of CamdenSupreme Court of New Jersey · 1901