City of Albany v. Newhof

Davis, J. (dissenting).

Nowhere in the record or in the briefs of counsel is there any claim or suggestion that this ordinance adopted in 1911 has acquired any new validation or virtue by the adoption, on November 6, 1923, of section 3, article 12 of the State Constitution relative to the power of cities to enact local laws. Nor is there any reference to the City Home Rule Law enacted in 1924, which carried out the provisions of the amendment. The amendment was not self-executing, and neither in the amendment nor the law was there anything giving retroactive effect on ordinances already…