Hartman v. Board of Chosen Freeholders

The opinion of the court was delivered by

Heher, J.

The question for decision is whether title 30, chapter 8, article 4 of the Eevised Statutes of 1937 (R. S. 30:8-19 to 30:8-23) constitutes a delegation of legislative power in contravention of article IY, section 1, paragraph 1, of the State Constitution, in that section 30:8-19 empowers the boards of freeholders of the several counties of the state “to assume and thereafter to exercise the custody, rule, keeping and charge of the county jails in their respective counties, and of the prisoners therein, whenever” it “shall decide, by the…