Hetrick v. Roberts

With all due deference to my colleagues I do not share the views expressed in the opinion of the court below, and adopted here.

The facts are not in dispute. They are fully stated in the opinion of the Supreme Court. The title of the challenged act is “An act concerning municipalities." Chapter 160, Pamph. L. 1936, p. 372. It is conceded, it is, in fact, expressly provided in the very first paragraph of the act itself that a beach commission shall be appointed in every municipality of the state “under the control of the municipal finance commission, and which shall own the beach and upland…