Loening v. Seaman

In this submitted controversy the Appellate Division has ruled that it is not the duty of the defendants — the Mayor, Councilmen and the City Clerk of the City of Cien Cove — to submit to the voters of that city at a special election to be held on June 29, 1943, a proposed new city charter. The case is here on appeal by permission of the Appellate Division granted to the plaintiffs.

On April 29, 1943, the plaintiffs, who are the “ duly designated members of the Charter Commission of the City of Cien Cove,” filed with the defendant City Clerk a proposed new city charter to replace the present…