Obrázky stránek
PDF
ePub

49 Froom.

Attorney-General y. McGuinness,

Pamph. L. 1870, p. 174. A further supplement to an act entitled an act to incorporate the city of Cape Island, approved February 28th, 1831, provides that in lieu of the five commissioners provided to be appointed by the mayor of the city of Cape Island under the original act, the justice of the Supreme Court presiding over the circuit of the county of Cape May shall appoint a board of commissioners, who shall continue in office for two years. Vacancies are to be filled by appointment to be made by such justice; power is conferred upon the board to borrow money. and the powers theretofore conferred upon the city council of Cape May in reference to the highways, streets, roads, lanes and alleys of the city, are by the act conferred upon the board of commissioners.

Pamph. L. 1870, p. 220. An act to improve certain roads or avenues in the township of Hackensack, in the county of Bergen, appoints by name five persons as commissioners with full authority to widen, straighten, grade and macadamize and put in good condition all that part of the road formerly known as the English neighborhood road; provides that the term of office of the commissioners shall expire at the end of three years; vacancies to be filled by the remaining commissioners.

Pamph. L. 1870, p. 334. An act for the establishment and government of the police of the city of Newark, constitutes four persons by name a board of police commissioners, together with the mayor of the city ex-officio; provides for the fixing of the term of each commissioner and for the election at the annual election in 1870, and thereafter annually, of one commissioner to take the place of one of the original commissioners.

Pamph. L. 1870, p. 369. An act to improve Kearney avenue in the townships of Kearney and Harrison, in the county of Hudson, appoints five commissioners by name to cause Kearney avenue to be graded ; provided, there shall first be secured in writing, the consent of a majority of the owners having frontage.

Pamph. L. 1870, p. 505. An act concerning roads in the township of Hackensack, in the county of Bergen, appoints by name seven persons to constitute the public road board of the township of Hackensack, fixes the term of office at three years. Gives the board power to nominate to the township committee successors. In the event of failure of the township committee to appoint a successor, the commissioners are to call a meeting of the freeholders, who shall elect by ballot.

Pamph. L. 1870, p. 659. A further supplement to the act entitled an act to revise and amend the charter of the city of Newark, approved March 11th, 1857, appoints by name five persons, and constitutes them a board of commissioners with power to dig the land necessary to lay out, widen and extend a street called South street; makes it lawful for the mayor and common council of the city to issue bonds for the purposes of the act to an amount not exceeding $5,000.

Pamph. L. 1870, p. 737. An act to incorporate the Washington Fire Company, No. 1, of Matawan township, Monmouth county, creates the legal voters of the township of Matawan a body politic under the name of Washington Fire Company, No. 1, of Matawan township’; appoints by name five persons to be trustees, and provides for the subsequent election of trustees by the legal voters.

Pamph. L. 1870, p. 879. An act to organize a board of sewerage for the city of New Brunswick, appoints four persons a board of commissioners of sewerage in and for the city of New Brunswick, whose term of office shall continue until others are elected by the legal Attorney-General v. McGuinness.

78 N.J. L.

voters of the city, one of whom shall be elected in each succeeding year.

Pamph. L. 1870, p. 921. A further supplement to the act entitled an act to revise and amend the charter of the city of Newark, approved April 11th, 1857, provides for the establishment of a reform school in the city of Newark; appoints by name five persons, together with two members of the common council and the mayor ex-officio, the first board of trustees, and provides that at the next charter election and every year thereafter, two trustees shall be elected by the legal voters to take the place of the trustees appointed by the act.

Pamph. L. 1870, p. 1091. A further supplement to an act entitled an act to incorporate the city of Hoboken, approved March 28th, 1855, provides that the board of police commissioners shall consist of the mayor of the city and four persons appointed by the act by name; provides for the filling of vacancies by the mayor, with the consent of the common council.

Pamph. L. 1871, p. 793. An act appointing commissioners of streets and sewers in the city of New Brunswick, appoints by name three persons as commissioners of streets and sewers in the city of New Brunswick; provides for an election at the expiration of the terms of office of the said commissioners, respectively, of one commissioner annually by the legal voters, who shall hold office for five years; vacancies to be filled by the mayor, subject to confirmation.

Pamph. L. 1871, p. 1034. An act in relation to streets in Union township, in Union county, appoints by name five persons as the first commissioners; vacancies to be filled by the commissioners until the next charter election; provides for the election of one person as commissioner annually.

Pamph. L. 1871, p. 1094. An act to reorganize the government of Jersey City. This act names seven persons and constitutes them the board of public works; names five persons and constitutes them the board of police commissioners; names five persons and constitutes them the board of fire commissioners; provides that their successor shall be chosen by the senate and assembly in joint meeting, and that vacancies shall be filled by the governor; provides for the appointment of three police justices by the senate and general assembly in joint meeting; vacancies to be filled until joint meeting by the appointment of the governor.

Pamph. L. 1871, p. 1459. An act concerning roads in the township of Harrington, in the county of Bergen, appoints seven persons by name, the Harrington township road commission for a term of three years; gives each commissioner power to nominate for approval by a majority of the freeholders at their April meeting, his successor. In the event of the failure of the meeting to approve he shall make a second recommendation, and in the event that this recommendation is not approved, a special meeting of the freeholders shall be held.

Pamph. L. 1871, p. 1485. A supplement to an act entitled an act to authorize the construction of works for supplying the city of Rahway and places adjacent, with pure and wholesome water, approved April 7th, 1868, appoints by name three persons, in addition to the ex-officio members, the mayor and chairman of the committee on fire department of common council, as the first board of water commissioners; provides for the election in 1872 and each year thereafter of one commissioner to take the place of one of the commissioners appointed by the act.

Pamph. L. 1871, p. 1515. An act concerning roads in the township of Lebanon, in the county of Hunterdon, appoints by name five per

49 Vroom.

Attorney-General v. McGuinness.

sons to be the first commissioners of roads and provides that annually after the expiration of the term of the commissioner the legal voters of the townships shall elect one person as commissioner at the annual town meeting and that vacancies in the board may be filled by the remaining members of the board until the next town meeting.

Pamph. L. 1872, p. 218. An act to authorize the appointment of commissioners to lay out streets, avenues and public squares in the township of Clinton, in the county of Essex, and for other purposes, appoints by name five persons to be commissioners of streets and avenues, and in the event of vacancy permission of remaining commissioners to name a suitable person; successors of the commissioners named in the act are to be appointed by the town committee for a term of one year.

Pamph. L. 1872, p. 365. An act to widen, grade and improve Ridge road, in the township of Union, in the county of Bergen. The act appoints five persons by name commissioners to widen, grade and improve the road, provided that the said commissioners shall obtain the consent in writing of a majority of the owners having frontage on said road; fixes the term of office at three years; vacancies in the board to be filled by the remaining commissioners at a meeting called for that purpose.

Pamph. L. 1872, p. 797. An act to authorize the extension of New street from Maple avenue, in the township of East Orange, in the county of Essex, to Munn avenue, in said township, appoints by name three persons commissioners to survey, lay out, locate and open the said street; provides that vacancies shall be filled by one of the justices of the Supreme Court.

Pamph. L. 1872, p. 976. An act respecting the lines of wharves, docks, slips and piers on the Passaic river, in the counties of Essex and Hudson, appoints by name six persons commissioners to fix, establish and determine permanent and proper lines for the erection of wharves where the same have not already been fixed by the board of chosen freeholders of Essex and Hudson counties; provides that the costs and charges shall be paid in equal proportions by the board of chosen freeholders of said counties ; authorizes the directors of the board of chosen freeholders respectively to fill any vacancies which may occur among the commissioners from their said county. · Pamph. L. 1872, p. 1368. An act to authorize the appointment of commissioners to lay out streets and avenues in certain lands in the township of Bloomfield, in the county of Essex, and for other purposes, appoints five persons by name commissioners of streets and avenues in the township of Bloomfield and in the event of vacancies confers upon the remaining commissioners power to appoint a suitable person or persons to fill such vacancy; the successors of the original commissioners at the expiration of their terms to be appointed by the town committee of the township for the term of one year.

Pamph. L. 1872, p. 1379. An act to improve Bull Ferry road in Hudson county, appoints by name three persons commissioners; provides that in case of vacancy it shall be filled by the judge of the Circuit Court of the county of Hudson.

Pamph. I. 1872, p. 1386. An act to improve Bergen line road in Hudson county, vests the power to regulate, widen and straighten Bergen line road, in three commissioners to be appointed by a justice of the Supreme Court of the sixth district. Vacancies are to be filled by the remaining commissioners at a meeting called for that purpose.

Pamph. L. 1873, p. 697. An act to provide for opening, constructing and maintaining an avenue or road in the county of Hudson, Attorney-General v. McGuinness.

78 N. J.L.

appoints by name nine persons and their successors as a board of commissioners for the purpose of laying out an avenue in the county of Hudson.

Pamph. L. 1873, p. 799. An act providing for the construction of a main sewer in the city of Hoboken and township of Weehawken, appoints three persons by name commissioners for the purpose of the act.

Pamph. L. 1874, p. 436. An act to authorize the construction of works for the purpose of supplying the city of Plainfield with pure and wholesome water. The act appoints four persons and the mayor of the city for the time being the first board of water commissioners.

If, in view of the course of legislation referred to, any doubt could be deemed to exist as to the power of the legislature to provide for the government of local affairs by commission or otherwise, without regard to the privilege of local self-government, we are clear that it must be taken as wholly set at rest by the action of the people themselves in adopting the constitutional amendments of 1875; one of the most important and conspicuous of which was the insertion in section 7, article 4, of a new paragraph, the pertinent portions of which are as follows:

“The legislature shall not pass private, local or special laws in any of the following enumerated cases, that is to say:

“Laying out, opening, altering and working roads or highways.

“Vacating any road, town plot, street, alley or public grounds.

“Regulating the internal affairs of towns and counties; appointing local offices or commissions to regulate municipal affairs.

[merged small][ocr errors][ocr errors]

“The legislature shall pass general laws providing for the cases enumerated in this paragraph, and for all other cases which, in its judgment, may be provided for by general laws.”

This amendment was adopted in full view of, and, in part, because of the practice so long pursued by the legislature of passing special laws providing for local government. What the people prohibited was the passage of private, local or special laws in these cases, as well as in the other cases enumerated. But this prohibition was accompanied with the

49 Vroom.

Attorney-General v. McGuinness.

express authorization, if not mandate, to pass general laws providing for such cases. There is here clear authority in the letter of the constitution, as amended, for the legislature to pass general laws providing for the appointment of commissions to regulate municipal affairs.

Nor are the pamphlet laws since the constitutional amendments of 1875 devoid of legislation establishing, by general acts, what may be called "government by commission” as distinguished from local self-government.

In Pamph. L. 1895, p. 169 (Gen. Stat., p. 2618), the legislature enacted what is known as the Park Commission act, providing for a park commission to be appointed by the justice of the Supreme Court presiding in the courts of a county, and for appointments to fill vacancies to be made by the same justice, and giving to the commissioners considerable powers of local government, including the undertaking of large improvements and the assessment of benefits to arise therefrom upon property benefited (this, of course, is an exercise of the power of taxation–5 V room 227; 6 Id. 168; 8 Id. 415), and authorizing the commissioners (by section 14) to make requisition upon the board of chosen freeholders of the county for moneys to meet the expenses of the park commission over and above the proceeds of benefit assessments, and requiring the board of freeholders to borrow money upon the credit of the county by issuing bonds and providing a sinking fund to be met from the proceeds of taxation. It is true the act provides that it shall not take effect in any county until its adoption by a majority vote of the people. But, as already pointed out, it cannot be that the principle of local self-government permits that the voters by a single election shall take from themselves and those who are to come after them the control over their affairs during succeeding generations. The Park Commission act has come before this court in repeated cases (Freeholders of Essex v. Park Commission, 33 Vroom 376, where a mandamus upon the board of freeholders was sanctioned; Ross v. Freeholders of Esser, 40 Id. 291), where this court held it constitutional to confer upon a justice of the Supreme Court the power of appointing commis

« PředchozíPokračovat »