Telegram-herald., 1889-12-29
THOSE NEW WARDS
Senator Wesssllus Talks 10 Tele-
gram Herald Reporter
he TALKS LIKE EALlWYER THIS TlNE
How the Bin was Framed for ths Cree
tion OF the " STds lie Defects Noted
The CoUneu should Recognise the
Act a. slid.

The act creating two new wards for
the city of Grand Rapids, winch i
likely 10 add another one 10 the long
list of abortons Of the last Legislature,
was House substitute for the original
senate bll introduced by senator Mes-
scllus. A IuLGRAM-HERALD reporter
interviewed the genial senator yester-
day and found him in mis- usual happy
and courteous state Of mind. In reply
10 the Qu, stion whether he had any
thing 10 DO with framing the substitute,
he said
81 did not, personally, draft that sub
stitute. bat left the work To the clerk
OF the House Committee on Municipal
Corporations. He had had much ex-
perience IN that kind Of work, and was
highly recommended 10 me. Ny blll
Was IN ended 10 amend the bill gener-
ally, and the b.ll winch finally passed, /,
creating the new wards, was substituted
for Il by the House committee. My
blil WAS then IN the hands OF that COM
mlttee, anu ~ charge OF It's clerk
He was considered by the committee A
capable person 10 draft the bll. / DO
not wish O. shlrk Te>pOns. bllty from
my broad shoulders upon another =,
bat we were all more interested IA the
boundary lines OF the proposed new
wards than IN the technical, formal
parts OF the blll. We left those parts
10 the clerk. The gravCst errors seem
20 be IN the mere formal parts OF the
bill, and Whlle the references made TO
the section TO be amended are not quito
clear, stall believe the Supreme Court
would not AVOID the act on that ac-
count alone.
That court, as wcllasany individual,
would readily ascertain what part OF
the Grand Rapids charter Is amended.
The SUBDIVISION OF charters INTO
titles Is not general thing. Such
an arrangement of the sections is a
mere matter OF convenience. Ia some
charters they are called chapters,
but the only subdivision of an act re-
cOgniZed IN the constitution is the sec
ton Nor does the constitution pre-
scribe Just how the sections shall be re-
tcrrCd TO. The main thing is 10 identity
the section 10 be amended and then set
It forth as amended. The subject mat
ter Of this section identifies 10 clearly.
- he greatest defect see IN the act
is that It does not specify definitely
hOW two aldermen are 20 be provided
for the new wards, 10y creating a short
and a long term fer the first election.
30 far as that Is concerned / believe
other amendments 10 the city charter
are equally defective. The city has IN
creased It's wards before and find no
special features IN the acts that brought
about the changes that differ from
those in the body Of the act N con-
trCversy.
Il think the Common Council should
recognize the new act and there Will be
less liability of trouble arising, if they
dose, ,thany If the usurp theprcrOgative
of the Supreme Court and knock IL out.
II the council disregard IT, the tax
payers III the suppOsedly-cTeated Ninth
and Tenth wards, can refuse 10 pay
taxes, holding that they were not spread
by the proper officials. Then # the
Supreme Court should sustain the act
the council Will have made no provision
for the new aldermen, and the taxes
Will not have been spread by the proper
persons. If the council allows the new
aldermen to bc elected, and permits the
aldermen of the present Third and
Eighth wards to have supervision over
the new wards for orc year. IL seems o.
me there would be v,ry little danger of
serious trouble. The presumption Is
always in favor of the constitutIonality
of an act and any official is assuming
much to himself to declare il VOID. lie
should plant himself squarely upon the
provisions of the act and leave Il to
others TO question its legality and 70
the Supreme Court 20 decide