McKann v. Town of Irvington

Supreme Court of New Jersey

McKann v. Town of Irvington

45 A.2d 494, 133 N.J.L. 575, 1946 N.J. LEXIS 197

CourtSupreme Court of New Jersey

DecidedJanuary 24, 1946

StatusPublished

Cited by8 cases

This text of 45 A.2d 494 (McKann v. Town of Irvington) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKann v. Town of Irvington, 45 A.2d 494, 133 N.J.L. 575, 1946 N.J. LEXIS 197 (N.J. 1946).

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Opinion

Per Curiam.

The judgment under review is affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Colie in the Supreme Court, supplemented as follows:

The appellant concedes that Ordinance No. 1517, fixing salaries under R. S. 40:46-23, was not faulty in that it left a range within which a salary or wage might be moved without the formality of a further ordinance. The Supreme Court acquiesced in that view and, under the facts of the case, we concur. We note, however, that the range within which that movement is left to less formal determination than by ordinance is not so great as to emasculate the ordinance of its salary-fixing force. A salary ordinance must meet its statutory obligation of fixing salaries.

Further, we think that the holding in Chapman v. Edwards, 124 N. J. L. 192, is not relevant to the question of the effectiveness of matter which depends fdr its force upon being enacted as an ordinance but which has been omitted, except by reference, from the publication of the ordinance. There are circumstances, however, in which such an omission may occur without depriving the omitted matter of its character as an ordinance provision. Such an instance occurred in Burmore v. Smith, 124 N. J. L. 541, and such an instance exists in the present case where the matter omitted from publication, except by reference to its place of filing in a public office, was a mass of tables and classifications comprising thirty-two printed pages, much of it because of its tabular and columnar format ill-designed for newspaper insertion. Parts of an ordinance may not be freely or indiscriminately or usually omitted from the printing. The instances of lawful omission are few, and they concern such data as make publication impracticable. Cf. State v. Morristown, 34 Id. 445, 447.

*577 For affirmance — The Chancellor, Chibe J üstice, Case, Bobine, Donges, Olipitant, Wells, Babeerty, Dill, Freünb, McObeiian, JJ. 11.

For reversal — Hbiier, Pebskie, ,'JJ. 2.

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Per Curiam.

The judgment under review is affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Colie in the Supreme Court, supplemented as follows:

The appellant concedes that Ordinance No. 1517, fixing salaries under R. S. 40:46-23, was not faulty in that it left a range within which a salary or wage might be moved without the formality of a further ordinance. The Supreme Court acquiesced in that view and, under the facts of the case, we concur. We note, however, that the range within which that movement is left to less formal determination than by ordinance is not so great as to emasculate the ordinance of its salary-fixing force. A salary ordinance must meet its statutory obligation of fixing salaries.

Further, we think that the holding in Chapman v. Edwards, 124 N. J. L. 192, is not relevant to the question of the effectiveness of matter which depends fdr its force upon being enacted as an ordinance but which has been omitted, except by reference, from the publication of the ordinance. There are circumstances, however, in which such an omission may occur without depriving the omitted matter of its character as an ordinance provision. Such an instance occurred in Burmore v. Smith, 124 N. J. L. 541, and such an instance exists in the present case where the matter omitted from publication, except by reference to its place of filing in a public office, was a mass of tables and classifications comprising thirty-two printed pages, much of it because of its tabular and columnar format ill-designed for newspaper insertion. Parts of an ordinance may not be freely or indiscriminately or usually omitted from the printing. The instances of lawful omission are few, and they concern such data as make publication impracticable. Cf. State v. Morristown, 34 Id. 445, 447.

*577 For affirmance — The Chancellor, Chibe J üstice, Case, Bobine, Donges, Olipitant, Wells, Babeerty, Dill, Freünb, McObeiian, JJ. 11.

For reversal — Hbiier, Pebskie, ,'JJ. 2.

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45 A.2d 494, 133 N.J.L. 575, 1946 N.J. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckann-v-town-of-irvington-nj-1946.

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