63 N.J.L. 186 | N.J. | 1899
The opinion of the court was delivered by
The council of the city of Camden is by the charter of that city made the sole judge of the election returns and qualifications of its own members. JPamph. L. 1871, p. 224, § 26. At the charter election held in 1897, John S. Roberts was elected a member of such council from the Third ward of the city for the term of three years, was sworn and took his seat in due course. His title was challenged byr Dr. William Shafer and after investigation was, on January 4th, 1898, by resolution confirmed. At the next charter election the personnel of the council was in some degree changed and, at the organization meeting in 1898, a resolution, directing that the name of John S. Roberts be stricken from the roll and that of William Shafer be inserted thereon as the representative of the Third ward, was introduced in the council.
Although some of the provisions of the General Election law for contesting elections have been upheld as supplemental to the electoral machinery (Conger v. Convery, 23 Vroom 417; Convery v. Conger, 24 Id. 468, 658), it would seem that all such supplemental proceedings are but presumptive in effect, leaving free the tribunal whose function may be ultimately to
The resolution removed is therefore set aside, with costs.