For the prosecutors of the writ, J. Emil Walscheid.
For the defendants State House Commission and Homer C. Zink, secretary of said Commission, Homer C. Zink.
Before Justices Case and Donges.
The opinion of the court was delivered by
CASE, J. The writ of certiorari brings up a resolution adopted by the State House Commission on August 4th, 1942,
awarding a contract to Automatic Voting Machine Corporation, for voting machines to be delivered to the superintendent of elections of Hudson County in accordance with the company's proposal, paragraphs 1 and 2 of which were as follows:
"1. As many machines, not more than 350, on or before October 1st, 1942, as and when ten per cent. of all subventions due to the County of Hudson, State of New Jersey, excepting School and Relief Funds, will permit you to pay 100% of the purchase price per machine upon delivery; and further deliveries will be made on these terms as rapidly as available funds accumulate, and as long as the remainder of these 350 machines are still available for purchase by you. Provided, however, that you shall not be required to pay more than $300,000 in any one year on account of such purchase price.
"2. As many machines, not more than 850, within six months after the conclusion of the present War, as and when ten per cent. of all subventions due to the County of Hudson, State of New Jersey, excepting School and Relief Funds, available therefor will permit you to pay 100% of the purchase price per machine upon delivery. Provided, however, that you shall not be required to pay more than $300,000 in any one year on account of such purchase price."
The award was the culmination of various proceedings under R.S. 19:48-3, as amended by chapter 197, Pamph. L. 1940, which provided:
"* * * In all counties of the first class on and after September first, one thousand nine hundred and forty, voting machines of the type to meet the requirements of this subtitle shall be adopted and furnished by rental or purchase, by the board of chosen freeholders and used at all elections, in all election districts, in said counties; provided, however, that the purchase price of voting machines shall be paid at a rate not to exceed three hundred thousand dollars ($300,000) in any one year. In the event the board of chosen freeholders of any county of the first class shall not have furnished and provided by rental or purchase at least forty (40) days before the election immediately following the enactment of this act, voting machines of the description and in the quantity
required for use as aforesaid then the State House Commission shall forthwith furnish, by purchase or rental, a sufficient number of voting machines for use at all elections in all election districts in said county; in the event that the State House Commission finds it impracticable to obtain the number of machines necessary for use in all election districts in the said county at the next election, the State House Commission ...