
    THE NEWARK LEDGER PUBLISHING COMPANY, PROSECUTOR, v. THE COMMON COUNCIL OF THE CITY OF NEWARK.
    Argued November 8, 1900
    Decided February 25, 1901.
    A resolution of a common council which, to be effective, must by the charter of the municipality be approved by the mayor or passed over his veto by a two-thirds vote of the council, will not be reviewed on certiorari when it has only been passed by the council and no approval or passage over veto appears.
    On certiorari.
    
    Before Justices Garrison and Garretson.
    For the prosecutor, James R. Nugent.
    
    For the defendant, Herbert Boggs.
    
   The opinion of the court was delivered by

Garretson, J.

This was a certiorari to remove a resolution passed by the common council of the city of Newark, August 3d, 1900, which was as follows: “Moved, that the ‘Newark Ledger’ be dropped from the list of corporation papers of the city of Newark.”

The “Newark Ledger” had been made a corporation paper, by a resolution duly passed and approved by the mayor, in June, 1898.

The motion under review is a resolution; it was never approved by the mayor, nor returned with his objections and passed by a two-thirds vote of the council, as required by the city charter (section 30). Nothing has been done to give effect to it. It cannot take effect until signed by the mayor, or passed over his veto.

It is not invalid, but only ineffective, for lack of the mayor’s signature, or vote of the common council over his veto.

Let the certiorari be dismissed, without costs.  