Ninth Street Improvement Co. v. City of Ocean City

The attack was on two ordinances in their entirety, and not upon any conviction had under penal provisions in either of them. In such a situation the ordinance will not be held void as unreasonable unless shown to be unreasonable in toto. North Jersey Street Railway Co. v. Jersey City, 75 N. J. L. 349, and cases cited. On this phase of the case we concur with the views of the Supreme Court as expressed in the opinion of Mr. Justice Minturn.

*704We also concur in the decision of that court that the “building code” had stood too .long unchallenged on the municipal records to permit of an attack on…