Foster v. City of Cape May

The opinion of the court was delivered by

Depue, J.

This writ brings up proceedings of the city council of Cape May for the lighting of the streets with electric lights.

*79The city of Cape May was incorporated by an act passed in 1875. Pamph. L.} p. 206. Section 40 of the charter provides that the city council shall have power to provide lamps and gas fixtures and light the streets and public places of every description in- said city. By an act passed May 22d, 1894, it was enacted: “ That it shall hereafter be lawful for the common council * * * of any city * * * authorized to act in such matters…