Salter v. Burk
Supreme Court of New Jersey
On certiorari. The jirosecutor, claiming to be.the clerk of the oily of Trenton, prosecutes this writ to bring under review a resolution of the board of commissioners of Trenton, passed October 13th, 1911, whereby Prank Thompson was elected city clerk, his election to iake effect December 1st, 1911. The following facts appear by stipulation and affidavits taken: On June 20th, 1911, the so-called Commission Government act {Pamph.
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On certiorari. The jirosecutor, claiming to be.the clerk of the oily of Trenton, prosecutes this writ to bring under review a resolution of the board of commissioners of Trenton, passed October 13th, 1911, whereby Prank Thompson was elected city clerk, his election to iake effect December 1st, 1911. The following facts appear by stipulation and affidavits taken: On June 20th, 1911, the so-called Commission Government act {Pamph. L. .1911, p. 462), or, as it is sometimes known, the Walsh act, was duly adopted by the voters of the city of Trenton ; on August 15tli, 1911, at a municipal election…
1Opinion of the Court
The opinion of the court was delivered by
Voorhees, J.
The controversy in this case concerns the legality of a resolution appointing one Thompson to be city *155clerk on and after December 1st, 1911. Walter, the prosecutor, had served under the charter of Trenton (Pampk. L. 1874, p. 331) for several years. His last election, by vote-of a majority of all the members of the council, was January 1st, 1910, and the term having been fixed by statute at three-years (Pampk. L. 1900, p. 115), his term would have expired; January 1st, 1913, but for the adoption of the Walsh act.
The reasons assigned by the…
2Cases cited1 opinion
- Anderson v. MyersSupreme Court of New Jersey · 1908
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- Connors v. City of BayonneNew Jersey Superior Court Appellate Division · 1955
- Huff v. City of Wichita FallsTexas Supreme Court · 1932
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