The Detroit times., 1911-11-08
MAJORITY REPORT
Charter and CITY Legislation.

Charter and City Legislation
To the Honorable the common ouhsll'
Cientlsmer Your committee ON ~,
Tor and Cuv Legislation 20 whom was
r,fs red a bfff providing FOR munlclpal
ownership of street railways, ees tf3Nr
"a reuort that W. nave held q. hummer 80
public meetings At each % which IN" Iui
and free discussion this important MA
tor rnertt-tf-Ss,.--lTa ted--ANe httleNN VI
bill as amended under tdvice 81 tnr cor
poration Council Is carefully drawn ana
that il is a measure your Honorable bo"N
might safely submit To th' voters OF "nS
Cit. IL the constitution Of our state pei
r,itted such procedure In our opinion.
ms new constitution OF Michigan docs
not permit the legislature 70 pass spe-
riaI charters or special acts Tor the IN
corporation and government or clueS ana
villages The Legislature can pass only
general laws and i has passed genera
law for the incorporation Of cities and
general law for the incorporation or VII
lageS This is the extent OF Its author
ftv and hence X has no power 10 amend
the present charter OF the CITY or de-
troit and Il has no authority 20 author
ize the city ~ Detroit the electors, nr
the common Council OF the city 20
amend the acts OF the Legislature which
constitute The present charter OF the city
In place OF the power which has been
taken away the constitution provides
that subject TO the general law for the
fncorporat ton Of cities the electors OF
each city shall have power 90 frame.
adopt and amend its charter Constru-
ing the home rule act or 1893 and the
constitutional provision the Supreme
court OF the State has held that the
power 10 amend the charter OF city by
the action OF it's electors has reference
20 the charter that may be framed ana
adopted by the electors and confers no
power 70 amend the charter OF the city
enacted by the legislature before the
constitution Of 1908 was adopt ed ~ the
CITY Of Detroit itself could go on amend
ing the city charter and the special laws
relating TO the city the same rs tho
legislature cuul- have done the very evil
that the new constitution was designed
20 prevent would De continued and the
city would not become subject to the
general city law. Your committee is
therefore OF the opinion that the pro-
posed municipal ownership amendment n
submitted 20 the people and approved
by them would be Illegal and void that
the city could not under IL either ptyr-
chase the property OF the street railway
company By mutual agreement or az
uuire II By legal proceedings TO condemn
Z i4A property -tAe-tt4l,iIt t,e.-et,4- t,aa
do not believe that the common conn
gu Of the city should lead the friends ~
municipal ownership 80 believe that they
can accomplish ans hing whatever bv
me ADOPTION Or th" proposed amend
mont We therefor recommend that
further consideration OF the amendment,
=" deferred until such time as your
honorable Body NAV be IN positior ~
submit the question 70 the people IN the
h,i.nf"r provided by the constitution ana
Respectfully.
JOHN g LODGE
'ommittee on Charter aud civ Tagis.
lation
MINORITY REPORT
20 IN. Honorable the Common Council.
Charter and City Legislation. - 0bnf,
was referred the so-called GIinnan
Mu"sc'ral Ownership Bill entitled 4
bLi 10 amend the Charter Of the civ
~ ~ troit 80 as 20 provide for the mu-
hcipa! ownership and operation Of
street railways by adding new chan.
'er 20 the charter, to be known an
'harter 10 respectfully report that
t"uI 'ommi ttee have had the same un-
uer consideration for several weeks
Ldst ana after consultation with the
Corr dration Counsel and all Interested
rorti's have redrafted said bill in
sucn a manner as 20 meet with their
approval. which bill Is in words and
hRnr's as follows
4 BILL
70 amend the Charter 81 tho city 81
i'",roit 50 as-to provide, for the mn
ul' Ial ownership and operation
81 street railways. bv adding a new
cnarier 70 the charter, 10 be known as
Chapter B.
q q
Micniean and the People of tho city
.Of Detroit enact.
That the city ~ Detroit shall. Al,
ono" proceed 20 and as soon as prac.
ttCSDlC acquire or construct and own
and operate street railway system I'm
and along the streets and avenues ~
the city OF Detroit that the pubIfc
convenience may require. and as soon
made exclusive Nothing herein ron.
taiued shall be - Construed as Il me-
vent tho City Of Detroit from making
grant TO private parties In relation
10 q strect-car system on it's streets
Section There shall be "A Bd4r,f-
n said city. 20 be known ri the Board
~ Street Railway Commissioners
which shall consist % 1--WE members
y-fto shall be elected at large a. here
IN provided. on separate ballot up,n
vi ich no party designation shan De-
made -
The arst- commissioners shall be
elected at the FIRST general or special
election after this amendment becomes
law. and forthwith. as herein proyld-
ed assume office Their successors
shall be elected al the general election
thereafter the term OF office OF each
commissioner shall begin July T. and
cortiruc for two years
section 3 Each commissioner shall
Clerk the oath Of Office prescribed for
city officers. and shall execute "A bond
y" tho u"1ui sum or one hundred thou
sand tslO6. on0) dOffur~. conditioned az is
prescribed for city officers and shall
receive such compensation or salary
as the Common Council OF the CITY Of
Detroit shall determine. They shall
name president and secretary and
The president shall be- eN- ofiCio a mem
Der OF the BOARD ~ Estimates ANY
NANCY shall be TILED al the next
regular election. and temporarily by
the remaining members Of said BOARD
The aDuOtntee SO named or eierted
shall hold Office until his successor ~
elected and qualities
Section g. Said Board shulF have
power 90 call upon-the City Engineer.