Telegram-herald., 1890-02-26

nature i hf fac4 that stTo etcfAt - 1.&N@~AN
"a ia 4ay o9Ber reaSon. has asnAed TINS e-aese
10 lie I'll. when h wss act - oEarrea y ''eta
Houses. ana thai TIE SeseEaer Ass approves
h ss sent h aim - fhe eierk cza net desires
sac validity q the ensetmenL 1o hoi0 0shsF-
y - would pat 4 Il TIE power of s1eh eiefk 10
defeat legislation. and make him mSsi tse
potent a fSefef iR the enactment II laws.
Fhe oaly result i In this case 10 pesipeAe
the llale If the taking enect 81 this al ~@tA
ninety days after J4e cloSs ~ iAe sessioh. a.
fbat time has long siacs past. this mistake -
uog of no Importance. The second objection
under the same head relates 80 the utie- The
title OF the act reads as follows
-An aeI 10 amend section ioar oi Aet Ne
81 os ghe local acts VI lslL eAtitled. An ses
Il revise tie charter Of the CITY % ot@i' Rap
IDS. being amendAtory 81 an Sei eRii1lso' n
act to incorporate the City o. Grand Rapids,
approved April ,. lSo' approved March =.
lsI7. a. amended BY the several aei Alnenaa-
tory thereof"
II appears from the journals of the Legisia-
tare. that the title Of The bill as introduced.
and as Il passed both Houses aad Was Tn
crossed and sent 10 the Governor. referred 10
Act No. ~ OF the local acts Of 1851, instead of
lSI7 but the rest OF the title Was, Ia All II
stages. as II now is liz Is claimed that tue
title Of the biil. as passed by the Legislature,
wss not the sane title - thai oi the bill signed
by the Governor a. IL appears also from the
journals. that when the bill Mas returned by
the Governor the title Was as II Is now. having
been altered by some one outside OF the Legs
latnre. aud not By its action.
Therefore. II is urged that fhe act Is void.
because il has different title from the
one agreed 10 by the Legislature. on ex-
animation IL viii be found that there Is no
Act No. - OF the Local Acts Of 1857, and Act
No. 2S2 OF the Public Acts Of the same year has
no reference 10 the City OF Grand Rapids. bus
Act - OF the Local Acts OF lss7 is al Act 10
revise the charter OF Grand Rapi Is and the
one alluded 10 in the latter part OF the title Of
the Act under consideration.
We ethink the figures 1857 in the title as In
trOduced and agreed 10 BY the leg stature was
simply a clerical error and was corrected by
the reading Of the whole titles and that the
making ofit ls7 was in harmony with the rest
OF the title and but the correction OF clerical
error-a correction which would be perinls-
sibe in deed OF contract and which the law
would make ia default Of any other action,
Another objection made 10 the title is that
in the Act of 1877 amendei by this Act there
are ten titles, each OF which has section 4.
and that the title. 10 which the section 10 be
amended by the present Act belonged, should
have been stated in its title. But the section
4 10 be amended is the first section 1 IN Acts
No. Do OF the Local Acts OF ls7I and IN one
embracing the subject amended by the body Of
this Act. We think il would have been better
practice 10 have inserted the title for instance
Title one" in this case. but We do not think
any provision OF the constitution was violated
or that any person could have been misled by
the title without this.
! 1t is also contended that there is such an IN
certainty about the law on its provisions as TO
the election of ward officers in the spring Of
1880 that IL is imperative. There is no merit
in this contention.
The Act provides THAT the elective officers
now holding office within that part OF the
said city comprised of the Third. Eighth,
Ninth and Tenth wards. as created by this act,
shall continue 10 hold the Offices for which
they were respectively elected. and TO dis
charge the duties of said Offices for the whole
OF the territory for which they were elected
until the officers are duly elected and qualified
as provided by the city charter. al the annual
charter election. on the first Monday Of April,
1880. and after said date the several aldermen
whose terms of Offices shall not have expired.
shall only represent the territory within the
ward in which they shall respectively reside.
and at said annual Charter election in ls9o.
aldermen, and other ward officers. shall be
the charter of said city and the requirements
of this act.
The respondents claim that this is an sp-
pointment of city officers by the Legislature
and not by the people. and that the act does
not provide for the election of aldermen in
the new wards.
The first claim is not correct, because the
aldermen simply continue in the Offices 10
which they were elected in the wards in which
| they reside until such elected term expires.
| and they are made aldermen over no new ter
rtory. Cutting of and taking away portion
| of the territory OF their wards can not ousi
aldermen OF their Offices If they still reside
| in the territory left. Neither can this be done
| by changing the number of the ward. But II
| they reside in the territory created into a new
ward. there is a vacancy made in the Office OF
| alderman in the old ward. under the city char.
ter. which would be filled at special election
or at the next city election. as the Common
| Council may order. if such vacancy should oc
| cur within three months before such election
| In case ward Is divided into two. AS in
| this case. we think ii competent for tht
| Legislature TO continue the aldermen In Office
| for the rest of their term as aldermen OF tn,
wards in which they may happen 10 reside by
such division and that the result is vacancy
| I'm the ward in which only one or no aldermeT
! shall reside. which may be filled at the mex
| spring election. IL IL shall happen that II
! either OF the two new wards there shall be n,
| alderman residing within them. whose tern
does not expire until ISL. we think il will b'
| perfectly competent under the charter. for the
| people 10 elect two aldermen. one for two
| years and one for one year. The city charter
| provides for the election every year for on'
| alderman in each ward for the term Of tw,
years. but there will also be vacancy II
effect. by this act. to be filled and under IN,
| provisions of the city charter as TO the hlin.
| OF vacancies.
There can be no trouble about registration q
election officers. because. although the alder
/ men and supervisors of each ward constitute
the Board of Registration and the election In
spectors Of such ward. the Common Council
under the city charter have power 10 OH al
vacancies in these boards and 10 create ner
ones IL none exist. Sec. II, title
In the Supreme Court. Clerks once, state o.
Mchigan-Ss.
/. CharlesC. Hopkins. Clerk Of the suprem'
| Court. of the state Of Michigan. do hereby
| certify that the annexed is true and correct
! copy Of the opinion Of the court now on fle ~
said court in said cause: that hare compared
the same with the original. and that itas a irti'
| transcript therefrom. and the whole 81 sais
| original
In testimony whereof. I have hereunto 81
| nv hand and affixed the seal Of said suprem'
Court. az Lansing. this Zlst day OF February
/ A. b. 1890.
CHAs. c. HoFErys Clerk.
We think the act is valid and the writ p
| mandamHs must issue 20 the Common Colnci
of Grand Rapids directing and comma nd IN.
! them to take necessary steps o provide for fh