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

of the complainant that because the
resolution by which the Council do
termined to mako the improvement
could not go into operation until TWEEN,
ty-four hours after its passage (Sec. 3,
Title III, Charter the resolution pass
ed at tho same meeting to let the con.
tract for the work was premature aud
void --1.---.r-e-- -.-.-,,. .-.---u>-
The provision Of the Charter post.
poning the operation of ordinances
and resolutions for twenty -four hours
was designed to give effect to the
Mayors veto.
BY passing the resolution to. let the
contract the Council did not bring the
first prematurely into operation, nor
was the immediate operation of the
first resolution essential to mako the
action of the Council in letting the
contract regular, when such action
was for the time being prohibited by
the Charter, or unless such action
would prevent the Mayor interposing
his Negative. Such action is not for
hidden unless by implication for being
inconsistent with the purpose Of the
section. IF not vetoed the resolutions
would take effect after twenty-four
hours in the order of their passage.
The resolution to let tho contract, and
the contract would be void without the
antecedent resolution, and would
neither prejudice the city nor benefit
the contractor. Hence as the Mayor
by negatiying the preliminary resolu-
tion would defeat the seconu, Ito pass-
age before the expiration of the twenty
four hours after the passage of the
first would not tend to interfere with
the Mayor'sveto. Asthe action ofletting
the contract would not tend to defeat
the purpose of the section, there can
be no implied inhibition. There is
nothing in the object or language of
the provision in question to prevent
the Council from passing at one meet
ing anynumber Of resolutions, though
successfully dependent if otherwise
regular. The Mayor may veto all the
resolutions Of series for the same
reason if the proper Improvement is
deemed impolitic or one to which he
has special objections which may be
obviated. From the point in the pro-
ceedings where his negative takes OF.
feet now action of the Council must
be taken. f..r r,
A. The sixth alleged irregularity
was the re-appointmont Of the Com
of Assessment, they having
failed to report within tho prescribed
time, and the changing Of the list of
property deemed to be benefited and
the sum to be raised. nHHcl
The same persons originally ap.
pointed as Commissioners were re-ap-
pointed, they took the required oath
and made report. ''. y a'
The act of re-appointing them was
simply superfuous; it did not vitiate
the assessment; for the report and as
though not made within fif-
teen days of the original appointment,
was a. valid as If made within the re-
luired time. The direction that the
'eport be made in fifteen days was
clearly directory.
Barb, 1873. EaAnl Ht
The change made in the list of
was n change to correct a
mistake by striking out lots and III,
md inserting lot 8 in block "a, not
'wned by complainant. 1t was done
before the assessment was made
The change in tho amount to be raised |
as alsu " correct IA mistake by add |
ne $40 to make the full amount of |
he expense of the Improvement.
The Council had right at the time
vhen the changes were made to make
hem. a td-4 egle
D. Tho ensures and interlineations
on the face of the roll when
mt into the hands Of the Marshal for
election, are adopted in the bill as
he ground for a charge in general
erms that changes were made in the
oil without authority. 1t omits that
lore are erasures and interlineations
terms as broad as the statement in
no bill, and arc stated to have been
iade by the Council. This explana-
on is sufficient for the purpose of
lis motion.
The Council wero authorized to
lake changes to correct and amend
10 assessment returned by the Com
issioners.-(Sec. 43, Title vi, oil
hayter.)
9. The descriptions of property are
LEGGED to be uncertain and defective.
do not find them to be so as mat
r Of fact. /;
Z. 1t is claimed that Sections 43 and :,
Title vi, are unconstitutional, for
quiring the exercise of judicial [
)wer.
/ am referred to decisions Of our ,
ipreme Court as establishing the {
that tho Courts and judi Z
Al officers mentioned in tho Constitu- s
IN, possess all the judicial power
at can be exercised in our State; {
at no other officers can act judicially
any department of the government.
l do not so understand these deci- S
ms. The Council performs acts of a
judicial nature under the section in q
estion. So does the Board of Su- a
rvisors in equalizing the assess b
,nts of the county, and a Supervisor 4
is judicially in making the assess Q
snt. .eilh na''Ew8 n
Sibleg Us. Sn,th, 4S6, COL. 49,.
Id. SIS. W IT
The judicial power which, in the c
use Of tho Constitution, is exclusive h
vested in Courts and certain judi Il
i officers, Gin the power to hear and O
termine controversies between adj n
SO parties, and questions in lega-
n" g Mich. 8SS.-Seo Id. p. 800, c,
ere our Supreme Court hold this h
lguage: Discretionary and judi in
| powers are often convertible terms, Ia
4 Al q !. =