December 1887: In a battle over the power of the purse, a mandamus was sought to require Newark Mayor Joseph Haynes to affix his signature to a warrant for payment of city funds to a vendor. The appropriation had been properly made and the bill was ordered paid by the common council, but the mayor vetoed it and it was passed over his veto. Judge William Magie held the mayor’s duties in this regard were only ministerial and that he had to sign the warrant ordered by council (Salmon v. Haynes).
100 Years Ago
December 1912: New Jersey’s first female lawyer, Mary Philbrook, argued to the Court of Errors and Appeals that because it was never settled whether the state constitution of 1776 allowed women suffrage, the constitution of 1844 which created the court system then in force was improperly adopted, because only men voted on it. “This contention has the distinction of being as courageous as it is novel,” Justice Francis Swayze wrote. “If she is right now, we have been without legally constituted judicial tribunals. Results so startling suggest that the argument is defective.”
75 Years Ago
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