Hunter v. Mayor & Council of the Township of Teaneck

Tlie opinion of the court was delivered by

Perskie, J.

The primary question requiring decision in this cause is whether the ordinance prohibiting the keeping of pin ball machines in any place of business in the Township of Teaneck, is ultra vires.

On March 18th, 1941, respondent Township of Teaneck passed an ordinance (No. 781) prohibiting the “keeping” of any “game of chance” or “gambling device” in any place of “business” within the municipality. N. J. S. A. 40:48-1 (¶ 6); 40:48-2.

Section 1 of the ordinance provides that any “game, machine, apparatus or device such as is commonly called…