STATE Ex SWEENEY v. MICHELL Et

OPINION

By LIEGHLEY, PJ.

The charter provides that referendum petitions shall be filed with the Clerk of the Council within forty days after the enactment of the ordinance. Section 5 provides that the petition for a referendum shall be filed within thirty days with the executive authority of a' municipality. These provisions, with others regulating the submission, disclose a clear conflict between the Charter and the Constitution, if §4 above comprehends the contract for furnishing product and service. That this conflict exists in this event is conceded by counsel.

It seems to be ’ further…