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STATE v. CLARK

15 N.J. 334 (1954)

104 A.2d 685

STATE OF NEW JERSEY, DEPARTMENT OF CIVIL SERVICE, PLAINTIFF-RESPONDENT, AND JOSEPH M. NEALON, INDIVIDUALLY AND AS PRESIDENT OF LOCAL NO. 17 OF THE NEW JERSEY STATE PATROLMEN'S BENEVOLENT ASSOCIATION, INC., WILLIAM McDONNELL, INDIVIDUALLY AND AS VICE-PRESIDENT OF SAID LOCAL, JOHN P. BOUTINEAU, INDIVIDUALLY AND AS SECRETARY OF SAID LOCAL, AND JOHN LEAHY, INDIVIDUALLY AND AS TREASURER OF SAID LOCAL, INTERVENING PLAINTIFFS-RESPONDENTS, v. JAMES P. CLARK, ARTHUR J. WILSON AND EDWARD F. ZELINSKI, INDIVIDUALLY AND AS MEMBERS OF THE BOULEVARD COMMISSION OF THE COUNTY OF HUDSON, AND THE BOULEVARD COMMISSIONERS OF THE COUNTY OF HUDSON, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 3, 1954.

Attorney(s) appearing for the Case

Mr. Frederick J. Gassert argued the cause for appellants.

Mr. Joseph Lanigan, Deputy Attorney-General, argued the cause for respondent State of New Jersey, Dept. of Civil Service (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey).

Mr. Reynier J. Wortendyke, Jr., argued the cause for intervening respondents Joseph M. Nealon, et al.

The opinion of the court was delivered by WACHENFELD, J.

The query here is whether the adoption of the Civil Service Law by a referendum in the County of Hudson made the law applicable to the Boulevard Commission of Hudson County and its employees.

Chapter 106 of the Laws of 1898, now R.S. 27:17-2 et seq., created boulevard commissions in counties having county boulevards. When it was passed, the County of Hudson had such a road...

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