Cuprowski v. City of Jersey City

The court in Cuprowski v. City of Jersey City, 101 N.J. Super. 15, 25, 242 A.2d 873 (Law Div.1968), in his treatise on municipal corporations pointing out the distinction between administrative and legislative action: In reference to what constitutes legislative and what administrative action in connection with restriction if the power of initiative or referendum to legislative matters it has been said that action relating to subjects of permanent and general character are usually regarded as legislative, and those providing for subjects of temporary and special character are regarded as administrative. A construction of a provision that 'any proposed ordinance' may be submitted to the commission by a petition signed by a specified number of qualified has been construed to mean any legislation measure of permanent operation can be so submitted. . . Obviously, details which are essentially of a fluctuating sort, due to economic or other conditions, cannot be set up in and by an ordinance to be submitted to vote of the people under initiative and referendum statutes, which restricts submission to people to measures of permanent operation. 5 Mcquillin, Municipal Corporations (3d ed.), s 16.55, p. 255.