The Detroit times., 1915-10-20

NAN . KOCH.
city Treasurer.
by ], J. NNGLtN.
Accepted and placed on nle
From tac Cooperation Counsel
Honorable Richard Lindsay. city
pear str Replying 70 your favor
Of October % 1915. enclosing copy
OF resolution adopted ny the COM
mon Council ou tho 9Th mss: request
ing an opinion AZ 20 the Application
OF the Scott-Flowers purity OF cleo
ton act % the November I'd. 1915.
special election, beg 20 say;
Detroit has heer operating under
the provisions 81 Chapter = Of the
Charter og the city ~ Detroit,
local act passed by the legislature
governing registration and elections
" Act No la - the Public Acts OF
1918 (Scott- Flowers purity % cleo
lions act. So-cHIlcdl - zvuerAl law
passed by tho Legislature which pre-
vides among other things for the
designation Of election inspectors,
prohibits those holding elective or
appointive state, county or municipal
positions from acting as such IN
spectors. and provides for the use ~
school houses police stations and
other permanent structures owned
and controlled by he municipality as
polling places
No. I4l that the provisions of the
local act are superseded by this gen
sral law No reference whatever -
made l1 the general law 20 the local
act and u - we'll settled IN this
state that special and local statute
providing tor particular cass or
class OF cases - not repealed BY a
subsequent statute general IN Its
terms unless the intent 20 repeal
-. -. ts4t g..
People v Board OF Education N
people :. Gus,in. 81 Mich. az
Regents % University y. Auditor
Genera. 100 e Oh. 1877.
People v. Thompson. Isl Mich. 3eS
This proposition is emphasized BY
the terms II Section 81 OF the local
act which provides, among other
things as follows.
The mode OF conducting all state.
congressional and county elections in
this CITY shall DE In the manner here
IN provided for the election OF city
officers except that the returns shall
- made a. herein provided and the
provisions ~ this act shall govern.
when applicable. 20 such elections
rotWit' sta nding the provisions OF
any general law unless the same
shall in terms he declared applicable
TO elections IN said city
AS have stated. no reference
whatever is made in Act No lfl 20
this local act. ~ - not repealed ~
e press terms. and under the dc
clsions ABOVE referred 20 cannot be
held 10 have been repealed rs impli-
cation 7 am satisHed therefore that
Act No. III does not ~upersede the
local act contained in the city Char
ter
From Information have received
from its authors. the act In question
VAS designed 20 preserve the purity
OF elections and guard against the
LEGISLATION ~ this sind Sho1ld and
viii no doubt meet with favor Iv the
courts T believe that while fhe net
in question does not supersede the
provisions OF our Charter. both acts
can be read together and that eN-
cApt where the PROFESSIONS OF the local
act conflict with the terms OF the
general law. the general law should
obtain This seems t. have been the
intent Of the Legislature. as read
close that ~ Is not complete and
WOULD NOT be workable. standing
alone. in the city % Detroit.
Applying the rule 81 construction
that erect should be given To both
acts II possible. which doctrine is
by the decisions OF the
Supreme Court above referred TO. W
End that the local act Is silent upon
the right OF person holding GIT
elective or appointive position With
the state. county or municipality, 90
act a. an election Inspector except
ing ir the case OF employees Of the
expressly barred. The provisions or
section !. Act No. ~. which bars
any person who holds any position.
either elective or appointive, In con
nectlon with the government Of this
state. except Notary Public. or OF
am county, township or municipal
lty thereof. IL therefore applicable.
IN my opinion.
The cfsim has been made mat "
this act applies 70 Detroit ~ cannot
become operative until after Decerp-
her 81. 1915 because IL would dis
qualify those who had been elected
a. inspectors for two-year term.
7 cannot agree with this contention
The right 10 hold public Office IL not
p property right within the meaning
OF the fourteenth amendment 20 The
Constitution. which provides that
mo person shall be deprived 81 life
cess Of law"
Attorney General Y. Jochim. 30
Ia the case above cited tho court
quoted with approval the case %
Wvandotte y. Drennan. - Mich. $50.
Or which Mr.. Justice Cooley used the
following language
Offices are created for the public
good. az the will Of the legislative
power, with such powers. privileges
and emoluments attached as are be
IIeved 20 he necessary or important
10 mako them accomplish the pur-
poses designed. But. except 80 ~
may be restrained by the Constltu-
tion. the Legislature has the saSo
Inherent authority 10 modify or aboi-
ish that IL has 20 create
Section p OF Act No Iti Public
Acts % 1918 provides. among other
I'm ali citieF In this state such
polling places shall he provided in
school houses. police stations or
other permanent structures owned
and controlled by the municipality
wherever such buildings are 90 To-
electors in such districts and
wherever there IL space in such
buildings which may properlr be
utilized Tor the purpose Of polling
municipality controlled building 81
the character above described IN any
voting district. arrangements shall
ne made for tho rental Or erection
% suitable building, FOR voting pur-
officials charged with carrying into
effect the provisions OF this section
have properly complied with It's
terms shall be subject 20 judicial DC
termination in such trnsndamuD pro
Section IS. Chapter 2. Charter 81
Detroit. provides, among other
things. az follows
at shall be the duty % the Com
mon Council % snid city 20 select
and secure suitable places for hold
ing in each election district the see
sions OF the district board Of regis
tration OF electors and In like man
ner to select and secure places IN the
several election districts for holding
= .t.tsGtI N, -. N 4. .y ~. 49,.