ASBURY PARK PRESS, INC. v. WOOLLEY


33 N.J. 1 (1960)

161 A.2d 705

ASBURY PARK PRESS, INC., ET AL., PLAINTIFFS-APPELLANTS, v. J. RUSSELL WOOLLEY, COUNTY CLERK OF THE COUNTY OF MONMOUTH, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 6, 1960.


Attorney(s) appearing for the Case

Mr. William Novogrod argued the cause for plaintiffs-appellants (Mr. William Miller, of counsel and on the brief).

Mr. Lawrence A. Carton, Jr., argued the cause for defendant-respondent, J. Russell Woolley, County Clerk of Monmouth County (Messrs. Roberts, Pillsbury & Carton, attorneys; Mr. William E. Russell, on the brief).

Mr. Nicholas T. Fernicola argued the cause for defendant-respondent, Anthony Giuliano, County Clerk of Essex County (Mr. George H. Callahan, of counsel).

Mr. Jacob Friedland argued the cause for defendant-respondent, Edward J. Borrone, Hudson County Clerk (Mr. William F. Kelly, Jr., Hudson County Counsel).

Mr. Theodore I. Botter, Deputy Attorney General, argued the cause for defendant-respondent, Edward J. Patten, Secretary of State (Mr. David D. Furman, Attorney General, attorney).


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

Plaintiffs are citizens and taxpayers of this State and have their residence in the County of Monmouth. In this action they seek a declaration (1) that the 1941 General Assembly Apportionment Act, L. 1941, c. 310, N.J.S.A. 52:10-1, is violative of Article IV, Section III, paragraph 1, of the 1947 Constitution, and (2) that the County of Monmouth is entitled to elect...

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