East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1864-04-27

arc designed 10 regulate NC exercise
: of each of these powers within its
proper scope, to promote the welfare
of the public as whole, and yet with
out violating any of these private
rights which are protected by the Con-
stitution. As the purpose of this
charter like that of all government, is
to promote the general welfare, pri-
vate interests, within certain well de-
fined limits, have to yield as subord-
nate to certain paramount interests Of
the community organized MS u body
polite.
Tn, governmental powers / have
mentioned are inherent attributes OF
sovereignty, and worc delegated by
this charter for the purpose of local
government, subject to the constitu-
tional checks which must be observed
by the State, also to such other as
have been imposed by the Legislature,
Private interests only as CONSEQUENT
tally affected, can never be made to
yield by any civil process except by
the due exercise Of these powers.
Sections ono and two, and those i'm
mediately following to and including
sec. thirty-three, contain the grant and
the regulations governing the exercise
of the power or right of eminent do
main, bywhich private property is au-
thorized to be taken for public use for
compensation.
Section two applies with peculiar
is attempted to DO exercised Chat the
individual whose property rights are
taken may know definitely what he is
called upon to surrender, and Jury
may be able to decide the questions
touching the public necessity which
requires the taking and the compensa-
ton to be paid. ~
The requirement that the resolution
be drawn by the attorney of the cor
poration is directory, but indicates the
solicitude of the lawmaker to- have
this incipient determination formal
and explicit. The requirement that
declaration be made and that the pro-
posed improvement be described, is of
the very essence of the thing required
to be done, and mandatory. If omit
ted this power cannot be said to be
called into exercise an explicit dec
laration containing n description full
enough to show the locality of the
contemplated Improvement, its charac-
ter and extent, is a condition prece-
dent to any interference with private
rights.
Does the improvement in question
como within the scope and purpose of
this section u .hll ii4f
1t has already been characterized as
calling into exercise the taxing power,
and it is obvious that the power to
take private property for public use
has not been resorted to. The latter
power is not exercised when money
only is wanted, for that can always be
had by taxation. When land is
wanted it must be taken by right of
eminent domain. 3
The Council disclaims expressly the
exercise of such right, and under
takes to make an improvement "pot
REQUIRING the tuking of any land by |
the city" mg
Hence the power derived does not
belong to the class that is granted by |
the first section of Title VII, but is
derived from section 80 of that Title,
which gives authority to make M
ted 70 OF III Fuzzy s. IN, are public In
making such improvements as was
made, and as is by this section author
lied, money only is wanted.
The exercise of this power--the
power to raise money 10y taxation--is
regulated by Section 81 and other sec
tons immediately following, and not
by Section 2.
2. The third, fourth and seventh al
legged irregularities consist in the
Council and Commissioners of Assess
ment not taking what the complain
ant deems sufficient time to do what
the Charter expressly authorizes them
to do, without specifying how long
they shall be engaged in doing it OF
what time shall elapse between one
proceeding and another, that is to say, {
the complaint is that "the Council
determined to do the work and let tho ,
contract the same evening"" and it is I
complained also that the contract was ,
ct without advertising, that the Com
nissioners of Assessment could not
taking their official oath and 0
making their return, both being done ]
he same day, examine tho premises I
md make proper assessment
The Statute does not require that 4
he Council after deciding to mako r
public improvement shall then adjourn T
n delay tho letting of the contract,
lther to deliberate or to ADVERTISE
The Council must in the nature of .
Kings be guided in such matters in c
lepcndently of any statutory direc- Il
ion, by its own discretion. 1t is sup 4
'osed that the people select men of d
deity and business capacity for the il
'ouncil, and their judgment and pru-
once are the only guaranty against 81
recipitate action. n
1t cannot DO determined by any q
curt, whatever be its jurisdiction to D
orrect abuses, that from the mere n
'ct that large amount of business a
as done i'll short time, it was nec- N
ssarily or probably done fraudulently
r inconsiderately, t'n 81,
The proceedings of the Common
ouncil as explained in the answer sc
hich has been read ASIAN affidavit on "
us motion, are relieved from all ap- ci
sarance OF undue haste. 1t appears d,
lat after proceedings for making this W
nprovemcnt had progressed nearly to til
I assessment, occupying the attention w
the Council for many weeks, they la
ere rcscindcd, to supply, by doing eli