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Point Du Jour v. U.S. Attorney Gen.

Facts

The borough of Somers Point was incorporated under an act of the legislature, entitled 'An act for the formation of borough governments in seaside resorts,' approved March 29th, 1878. The attorney general filed an information challenging the constitutionality of this act, arguing that it violated prohibitory clauses in the New Jersey Constitution. The act allowed for the incorporation of boroughs in seaside resorts with certain conditions regarding taxable property and area.

The borough of Somers Point was incorporated under an act of the legislature, entitled 'An act for the formation of borough governments in seaside resorts,' approved March 29th, 1878. The attorney general filed an information challenging the constitutionality of this act, arguing that it violated prohibitory clauses in the New Jersey Constitution.

Issue

Whether the act for the formation of borough governments in seaside resorts was constitutional under the prohibitory clauses of the New Jersey Constitution.

Whether the act for the formation of borough governments in seaside resorts was constitutional under the prohibitory clauses of the New Jersey Constitution.

Rule

A law is considered special or local if it does not apply to the entire class of persons or places that the legislation is intended to address, thus falling within the constitutional interdict.

A law is considered special or local if it does not apply to the entire class of persons or places that the legislation is intended to address, thus falling within the constitutional interdict.

Analysis

The court determined that the act was limited to specific locations on the seaside and was applicable only to places that were resorts for summer visitors with taxable property of $100,000 or more within a two-square-mile area. This limitation meant that the act did not encompass all potential municipalities, thus qualifying it as a special and local law.

The court determined that the act was limited to specific locations on the seaside and was applicable only to places that were resorts for summer visitors with taxable property of $100,000 or more within a two-square-mile area.

Conclusion

The court concluded that the law was a special and local law within the constitutional interdict and directed that judgment of ouster from the franchises against the borough should be entered.

The court concluded that the law was a special and local law within the constitutional interdict and directed that judgment of ouster from the franchises against the borough should be entered.

Who won?

The attorney general prevailed in the case as the court found the act unconstitutional, leading to the ouster of the borough from its franchises.

The attorney general prevailed in the case as the court found the act unconstitutional, leading to the ouster of the borough from its franchises.

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