JACKMAN v. BODINE


43 N.J. 453 (1964)

205 A.2d 713

CHRISTOPHER JACKMAN AND WINFIELD CHASMAR, JR., PLAINTIFFS-APPELLANTS, v. JOHN M. BODINE, COUNTY CLERK OF WARREN COUNTY; HENRY B. CARR, COUNTY CLERK OF SUSSEX COUNTY; THOMAS J. GRIEVES, COUNTY CLERK OF SALEM COUNTY; BERGEN N. CARTER, JR., COUNTY CLERK OF HUNTERDON COUNTY; HENRY F. ANDERSON, COUNTY CLERK OF CAPE MAY COUNTY; ROBERT J. BURKHARDT, SECRETARY OF STATE OF THE STATE OF NEW JERSEY; FRANK S. FARLEY, PRESIDENT OF THE SENATE OF THE STATE OF NEW JERSEY, AND JOHN W. DAVIS, SPEAKER OF THE GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Reargued October 5, 1964.

Decided November 25, 1964.


Attorney(s) appearing for the Case

Mr. David Friedland and Mr. Jacob Friedland (November 6, 1963 argument) argued the cause for appellants (Mr. Edward A. Cohen, of counsel; Messrs. Friedland, Schneider & Friedland, attorneys).

Mr. Wesley L. Lance and Mr. James Dorment, Jr. (November 6, 1963 argument) argued the cause for respondent President of the Senate (Messrs. O'Mara, Schumann, Davis & Lynch, of counsel).

Mr. Walter H. Jones (October 5, 1964 argument) argued the cause for respondent Speaker of the General Assembly (Mr. Marvin H. Gladstone, on the brief).

Mr. John T. Madden (October 5, 1964 argument) and Mr. William Martin Cox (November 6, 1963 argument) argued the cause for respondent County Clerk of Sussex County (Messrs. Dolan & Dolan, attorneys).

Mr. Arthur J. Sills, Attorney General of New Jersey (October 5, 1964 argument) argued the cause for respondent Secretary of State (Mr. Alan B. Handler, First Assistant Attorney General, of counsel and on the brief); Mr. Theodore I. Botter, First Assistant Attorney General (November 6, 1963 argument) argued the cause for respondents Secretary of State and Speaker of the General Assembly.


The opinion of the court was delivered by WEINTRAUB, C.J.

In Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), the Supreme Court of the United States held justiciable the question whether the basis established by a State for election to its legislature denies equal protection of the law in violation of the Fourteenth Amendment to the Federal Constitution. It held also that the federal courts had jurisdiction...

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