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Rosenberg v. Board of Commissioners

Decided: August 6, 1948.

ABRAHAM ROSENBERG ET AL., TRADING AS NEW JERSEY BOTTLING CO., PROSECUTORS,
v.
BOARD OF COMMISSIONERS OF THE CITY OF CAMDEN, DEFENDANT



On application for a writ of certiorari.

For the prosecutors, Meyer L. Sakin.

For the defendant, John J. Crean.

Before Justice Donges.

Donges

DONGES, J. Prosecutors seek a writ of certiorari to review the action of the City of Camden in adopting an amendment to an ordinance, adopted March 15th, 1928, which amendment was adopted December 11th, 1947, effective January 1st, 1948, being "An ordinance to license and regulate wholesale bottling establishments, trades or businesses within the City of Camden, New Jersey, and to fix the fee to be paid for such licenses" and to prohibit all persons and places from being so used without a license, &c.

Prosecutors attack the ordinance on three grounds:

1. The ordinance is ultra vires;

2. The ordinance is unreasonable and arbitrary;

3. The ordinance is invalid by reason of vesting in the discretion of an official the right to approve or disapprove the granting of a license.

The question of the power of a municipality to adopt such ordinances has been fully determined in the cases of Chaiet v. East Orange, 136 N.J.L. 375, and Ring v. North Arlington, 136 Id. 494, and such right upheld.

The next point is that the vesting of absolute discretion in an official to approve or disapprove the granting of a license renders the ordinance invalid.

The amendment provides, section 2: "No such license shall be issued excepting after approval thereof shall have been given in writing by the Director of Public Safety and upon payment of the ...


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