O'Hanlon v. Calvert
Supreme Court of New Jersey
On rule to sliow cause why a mandamus should not issue. Chapter 325 of the laws'of 1913, approved April 9th, 1913 (page 656), by its first section, provides that in every city of the second class in which there is now or shall hereafter be created a board of public works, the governing body of such city by whatever name designated shall consist of one member in and for each of the wards of such city, who shall be elected in the same manner and for the same terms as shall be…
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On rule to sliow cause why a mandamus should not issue. Chapter 325 of the laws'of 1913, approved April 9th, 1913 (page 656), by its first section, provides that in every city of the second class in which there is now or shall hereafter be created a board of public works, the governing body of such city by whatever name designated shall consist of one member in and for each of the wards of such city, who shall be elected in the same manner and for the same terms as shall be provided by the city charter or other laws governing such elections. The city of Elizabeth is a city of the second class…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
If effect is given to the act of April 9th, 1913, the ballots printed for use at the election to be held on the 2d day of November next, must not contain the name of any candidate for city councilman in the city of Elizabeth. Such is the provision of such act of the legislature. Upon the authority of the decision in Lang v. Bayonne, 74 N. J. L. 455, the city clerk was and the county clerk is bound to accept that statute as a valid act of legislation binding upon them. The gist of that decision is: “The provisions of a solemn *35act of the…
2Cited by4 opinions
- Booth v. ParnellSupreme Court of New Jersey · 1934
- Tipping v. DoughertySupreme Court of New Jersey · 1933
- State ex rel. Zickefoose v. WestWest Virginia Supreme Court · 1960
- State v. WestWest Virginia Supreme Court · 1960