State v. Board of Chosen Freeholders

The opinion of the court was delivered by

Van Syckel, J.

The questions submitted to the court in this case arise upon a rule to show cause why a writ of certiorari shall not be granted to remove into this court the proceedings taken by the board of chosen freeholders of the county of Bergen, under the provisions of an act entitled “An act to enable boards of chosen freeholders to acquire, improve and maintain public roads,” approved March 9th, 1889. Pamph. L., p. 58.

The principal reason relied upon to vacate the proceedings below is the radical one, that the act is unconstitutional.

The first…