Moses C. Mills, Respondent v. Daniel J. Sweeney, as City Clerk of the City of Buffalo, Appellant

Summary

The Court affirmed the Appellate Division's order, holding that Buffalo's common council lacked authority to enact Chapter XLV, that the ordinance was never ratified by later legislation, and therefore is not in force; consequently the defendant may be enjoined from publishing the referendum notices. The decision rests on the interpretation of the city charter's general welfare clause and the principle that a statutory provision preserving existing ordinances does not validate a void ordinance. Justice Pound, in a concurring opinion, argued that the ordinance was valid and continued in force, but concurred in the result.