IN RE APPLICATION OF McGLYNN


58 N.J. Super. 1 (1959)

155 A.2d 289

IN THE MATTER OF THE APPLICATION OF EDWARD R. McGLYNN, ROBERT E. KROUSE AND BENJAMIN C. LONDA, APPLICANTS, FOR AN ORDER OF ADJUDICATION, ETC. RE: CHAPTER 46, LAWS OF 1959, ETC., PURSUANT TO CHAPTER 7 OF TITLE 1 OF REVISED STATUTES.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1959.


Attorney(s) appearing for the Case

Mr. Walter H. Jones argued the motion for the Senate of New Jersey.

Mr. Elmer M. Matthews argued the motion for the General Assembly of New Jersey, and for himself individually.

Mr. Frederick J. Gassert argued the motion for New Jersey Association of Private Colleges and Universities, and for himself individually (Messrs. Gassert, Murphy & Gassert, attorneys; Mr. Thomas H. Gassert, of counsel).

Mr. Joseph M. Nolan argued on behalf of applicants in opposition to motions to dismiss (Mr. Martin C. Conant, on the brief).

Mr. Wesley L. Lance, appeared amicus curiae.

Before Judges GOLDMANN, FREUND and HANEMAN.


The opinion of the court was delivered by GOLDMANN, S.J.A.D.

The applicants, three citizens of the State of New Jersey, have applied to the Appellate Division, pursuant to N.J.S.A. 1:7-4, for an adjudication that the statute now known and designated as chapter 46 of the Laws of 1959 was not made effective as law in the manner provided by the Constitution, and is therefore void.

On June 3, 1959 notice was served on the Attorney General...

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