On certiorari. Writ of certiorari to review resolution approved January 6th, 1934, by the city council of the city of Clifton, appointing Mr. Crine Kievit, mayor of said city, as a member of the Passaic valley water commission, for the term prescribed by the agreement between the cities of Paterson, Passaic and Clifton. Resolution set aside.
For the prosecutor, Archibald Krieger.
For the respondents, John C. Barbour.
Before Justices Trenchard, Heher and Perskie.
The opinion of the court was delivered by
PERSKIE, J. The facts in the instant case are stipulated. They disclose, substantially, the following situation: The city of Clifton is a municipality in the county of Passaic, in this state. It was incorporated under and is governed by the provisions of an act of the legislature entitled, "An act for the incorporation of cities and providing for their officers, governments and powers." Pamph. L. 1899, p. 283, and the several supplements and amendments thereto. Pamph. L. 1926, ch. 333, p. 755; Pamph. L. 1927, ch. 134, p. 248; Pamph. L. 1931, ch. 48, p. 98; Pamph. L. 1933, ch. 239, p. 640.
The city council of Clifton consists of ten members, made up by the election of two from each of the five wards therein.
On February 17th, 1931, the city of Clifton approved a contract, dated February 3d, 1931, made and executed by and between the cities of Paterson, Passaic and Clifton, providing for the creation of the Passaic valley water commission, under and by virtue of chapter 195 of the laws of 1923, and which agreement, inter alia, provides for the appointment of four commissioners, two residents from Paterson, one resident from Passaic and one resident from Clifton.
On February 17th, 1931, John Hamil, a member of the city council, was appointed by the council to serve as a member of this commission, representing the city of Clifton; and
pursuant to the terms of the said agreement, drew a term of office until the first day of January, 1934. Hamil was, and still continues to be a member of the commission, and holds office until his successor is duly appointed and qualifies. The resolution appointing Hamil to the water commission at the time of his appointment, or the legality of his title to the same, was never reviewed or challenged in any suit or proceeding brought for that purpose. The other members of said commission are Arthur S. Hughes, of Passaic, and James Wilson and J. Willard DeYoe, of Paterson; the said James Wilson was also at the time of his appointment and still is a member of the board of finance of the city of Paterson.
On January 5th, 1934, the following resolution was offered for adoption at the organization meeting of the city council of the city of Clifton:
"Resolved that Mr. Crine Kievit, of 17 Hillcrest avenue, be and he is hereby appointed member of the Passaic valley water commission, effective January 1st, 1934, for the term prescribed by the agreement between the city of Paterson, city of Passaic and city ...