On petition for writ of mandamus.
For the relator, Leo Rosenblum.
For the defendant, J. Emil Walscheid.
Before Justices Case, Donges and Heher.
The opinion of the court was delivered by
CASE, J. The proceeding is on the petition of Ashley B. Carrick for a peremptory writ of mandamus to command the Board of Chosen Freeholders of the County of Hudson to insert in its 1941 budget the sum of $37,275.64 to meet the unpaid obligations incurred in the year 1940 and the estimated requirements for the year 1941 with respect to the Fourth Criminal Judicial District Court of the County of Hudson.
By chapter 201, Pamph. L. 1940, the legislature created the Fourth Criminal Judicial District Court of Hudson County, and on October 4th, 1940, in joint session, elected the said Ashley B. Carrick, relator herein, to be the judge thereof. Relator was duly commissioned and sworn.
Judge Carrick's salary is fixed by statute (R.S. 2:212-9c) at $5,000. Under statutory authority he appointed a clerk (R.S. 2:212-10), a sergeant-at-arms and a court attendant (R.S. 2:212-15) at respective salaries (R.S. 2:212-17) of $3,000, $2,500 and $2,000. He made demand upon the Board of Chosen Freeholders for suitable quarters, with proper equipment, and other essentials, and, upon failure by the board to make provision, proceeded to procure first temporary and then permanent quarters and to equip the same suitably.
The relator's budgetary demands were based upon estimates for 1941 and upon obligations actually incurred and matured for 1940. The figures for 1941 were: