For the prosecutor, Alfred Brenner.
For the respondents, Irwin Rubenstein (Leo Blumberg, of counsel).
Before Brogan, Chief Justice, and Justices Trenchard and Parker.
The opinion of the court was delivered by
TRENCHARD, J. The town of West New York is governed by a board of commissioners, pursuant to the terms of the Commission Government act, known as the "Walsh act." Pamph. L. 1911, p. 462, as amended.
At the election of 1935, the prosecutor herein and all of the individual respondents were elected commissioners. At the organization meeting in 1935 each commissioner was assigned to a particular department pursuant to the provisions of section 4 of the act as amended by Pamph. L. 1930, p. 996. The prosecutor, Michael N. Tagliareni, was designated director of the department of parks and public property, giving him supervision over "the executive, administrative, judicial and legislative powers, duties and authority relating to parks and playgrounds, superintendent of parks and playgrounds, lighting of parks and playgrounds and board of health."
Apparently there was no change whatsoever in the designation of the respective directorships, until June 29th, 1937, when two resolutions were passed by the board, which resolutions are the subject of inquiry herein. These two resolutions were:
(a) A resolution vesting in the department of public affairs the duties and powers heretofore vested in the department of parks and public property, relating to parks and playgrounds, superintendent of parks and playgrounds, lighting of parks and playgrounds and board of health.
(b) A resolution vesting in the department of parks and public property, jurisdiction over the baby welfare station.
Now comes the prosecutor of this writ and contends that the commissioners were without power or authority to remove from the department of parks and public property some of the powers and duties theretofore assigned to it, and assign them to the department of public affairs.
That contention obviously requires an examination and consideration of the Walsh act as amended by Pamph. L. 1930, p. 996. The pertinent part ...