89 N.J.L. 31 | N.J. | 1916
The opinion of the court was delivered by
The relator claims the office of custodian of the Bergen county court house by virtue of an election pursuant to chapter 365 of the laws of 1915. This act applies only to counties having between one hundred and two hundred thousand inhabitants, where a court house has been erected in pursuance of the act of March 19th, 1901, which has .not adopted or does not hereafter adopt the Civil Service act of 1908. This is a triple classification. The act does not apply to all counties having between one hundred and two hundred thousand inhabitants; nor to all counties that adopt the act of March 19th, 1901; nor to all counties that fail to adopt the Civil Service act. It seems likely that the three qualifications were united in order that the act might apply to Bergen county alone. Such a classification has already been condemned. State v. Riordan, 75 N. J. L. 16.
It is argued by the relator that he may claim a position-under the act of 1910. Comp. Stat., p. 521, pl. 167. The answer is: (1) his information claims an office, not a position;