The Detroit times., 1908-08-21
CITY HAS RIGHT To
BUILD CONVENTION
HALL, SAYS HAlLY
MAY PROVIDE FUNDS FOR EREc-
-~TlON AND MAINTENANCE If Az
ENACTMENT.

Any doubt that the convention hall
proposition would be submitted to the
voters for decision at the next election
Is dispelled by the opinion which Cor
porauion Counsel Hally has prepared
FOR the common council. He holds
that the city may bond for such 4
purpose ii the voters order il.
The effect OF this will be the adop-
ton of resolution To be drawn up
by the proper committee, submitting
the question at the fall election.
Hally's letter in part follows:
The city Of Detroit. like all municipal
I corporations ~ an agency OF the gov
rFnmtnt FOR certain specified things.
created b. the legislative department
with certain limited powers. Within
= the domain OF its own sphere IL may
/ ito what II Is expressly authorized 10
10. as well as those things necessary
Tor a. TO do 10 reasonably MAINTAIN its
corporate existence and tulnll the pur-
pose for which 1t was created.
II this large meeting hall was to
TAX" the place OF the town hall OF this
and 81 The New England states, the city
OF Detroit could VTOCCCT ar OrTrU To
me erection or IT, Ia an early decision
IN TINS state, known officially as Tor
? mis- Nitt-t,-1 i.fi..==f 81 ht-
court upheld the right Of IA municipal
lty, without express Legislative power.
But this building is one not -desigEe1
/ solely Tor municipal purposes. and IL
- important IN consequence 10 ascer-
/ tain how FAR the law Will Justify the
erection b. city OF a building for
other than those particular purposes.
II il no part OF the business OF a
municipality, as such, To engage in de-
inonStrations or entertainments. and
yet the charter OF the city Of Detroit
permits an annual appropriation ana
expenditure or a limited sum Of money
a
vision, brrausF Or express legislative
authority was held 20 be valid in Black
rs. city OF Detroit.
Under our system and coming strict
~ within the decisions OF the courts
or this state. the rule has been estab-
iished that public moneys cannot be
expended for other than public pur-
poses. and under the revised constitu-
ton to be submitted 10 the people at
the November election. il Is expressly
provided by section - OF Article s. az
NO city or village shall have power
TO abridge the right OF elective fran
chises, To loan it's credit. nor TO assess.
levy OF collect any tax or assessment
for other than a public purpose
No doubt exists with respect 10 the
power or municipality TO build edu-
ca ttonal institutions, to foster and
maintain them. 1t is also equally true
that those who have this project in
contemplation are not moved solely by
the financial interest that might be
bettered by it's existence. In the minds
OF some IL would undoubtedly have an
educational value and would promote
other than the material interests or
this corn unity. so that the fun char
acter OF the enterprise is closely allied
70 one or vast public Importance.
am OF the opinion that the city OF
Detroit if authorized by express legis-
lative authority TO build and maintain
a convention hall may do so. and ~ au-
thorized may issue bonds for It's cree
ton and Impose taxes for Its mainte-
nance.