City of Jersey City v. Zink
City of Jersey City, a Municipal Corporation of New Jersey, Alfred J. Pakenham, Marie A. Pakenham, William A. Nolan, Township of Weehawken, in the County of Hudson, Harry C. Moore, the Town of West New York, in the County of Hudson, a Municipal Corporation of New Jersey, Peter Dugan, Frances Dugan, the Mayor and Council of the City of Hoboken, a Municipal Corporation, and Town of Secaucus, Relators, v. Homer C. Zink, Comptroller of the Treasury of New Jersey, and Newark Board of Education, Respondents
Opinion of the Court
Pee Cüeiam.
This case comes before us on consolidated rules to show cause why writs of mandamus should not issue.
The questions at issue are broadly two: I. Will the writ go against a state officer? This depends upon the question of whether R. S.
54:24-11, et seq., still controls the distribution of moneys derived from railroad tax payments. II. A tp. chapters 4, 5, 6 and 34 of Pamph. L.
1945, constitutional enactments ?
The second question presented requires the determination of the constitutionality of those statutes. We are not completely in accord upon that question. The solution of the problem is very close and has been most carefully considered.
Under R. S.
2:83-15, when a rule to show -cause like in the present case is discharged as the legal consequence of a determination, as to the constitutionality of a statute, the *603 relator may take an appeal to the Court of Errors and Appeals. The constitutionality of the statute is the main issue before us.
To facilitate the determination of that issue in the court of last resort, we make such determination and discharge the rules, but without costs.
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