Opinion

Spiro Drug Service, Inc. v. Board of Commissioners

130 N.J.L. 496
33 A.2d 872
1943 N.J. LEXIS 260

Court: Supreme Court of New Jersey
Filed: Sep 16, 1943
Status: Published
On the bench: PER CURIAM.
Cited by: 4 cases
Authority: More cited than 57.0%

The opinion

*497

Pee Curiam.

The judgment is affirmed, for the reasons expressed in the opinion of Mr. Justice Parker for the Supreme Court.

It is argued here that the ordinance “is an arbitrary invasion of appellants’ property rights” in violation of the Fourteenth Amendment of the Federal Constitution. The point is not well made. The ordinance was designed to meet,"as is recited in the preamble, “the emergency conditions arising out of the war effort and the resultant shortage of clerks;” and the regulation is obviously in the interest of the public health and safety, as the Supreme Court found. This is purely a police regulation that does not place an unreasonable and unnecessary restriction upon private business, and is therefore unassailable.

For affirmance

— The Chancellor, Case, Bodine, Donges, IIeher, Perskie, Colie, Dear, Wells, Raeeerty, Hague, Thompson, Dill, J'J. 13.

For reversal

— None.

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