Spiro Drug Service, Inc. v. Board of Commissioners

Supreme Court of New Jersey
Spiro Drug Service, Inc. v. Board of Commissioners, 33 A.2d 872 (N.J. 1943)
130 N.J.L. 496; 1943 N.J. LEXIS 260
PER CURIAM.

Spiro Drug Service, Inc. v. Board of Commissioners

Opinion of the Court

*497 Pee Curiam.

The judgment is affirmed, for the reasons expressed in the opinion of Mr. Justice Parker for the Supreme Court.

It is argued here that the ordinance “is an arbitrary invasion of appellants’ property rights” in violation of the Fourteenth Amendment of the Federal Constitution. The point is not well made. The ordinance was designed to meet,"as is recited in the preamble, “the emergency conditions arising out of the war effort and the resultant shortage of clerks;” and the regulation is obviously in the interest of the public health and safety, as the Supreme Court found. This is purely a police regulation that does not place an unreasonable and unnecessary restriction upon private business, and is therefore unassailable.

For affirmance — The Chancellor, Case, Bodine, Donges, IIeher, Perskie, Colie, Dear, Wells, Raeeerty, Hague, Thompson, Dill, J'J. 13.

For reversal — None.

Reference

Full Case Name
Spiro Drug Service, Inc., and Neal Spiro, Prosecutors-Appellants v. Board of Commissioners of the City of Union City and North Hudson Pharmaceutical Association, Defendants-Respondents.
Cited By
6 cases
Status
Published