The Belding banner-news. (Belding, Mich.) 1918-1973, 1919-11-19
GIVES EXPLANATION
or COMMISSIONERS
AND NEW CHARTER
TELLS OF STEPS NECESSARY
TO TAKE TO CHANGE TO
COMMISSION FORM

The following timely article is hand
ed in by X. Howard Hall, for publica-
tion. 1t deals with the proposed new
charter and the commission form of
government, which was through le-
gal technicality, defeated a year ago.
Belding, Mich, Nov. II, 1919
To the Citizens of Belding:
No doubt the good people of Bel
ding are wondering, TO a more of less
extent, just what has become Of the
Charter which was submitted to the
voters for their approval last fall; at
the same time wondering why the
Charter Commission in eXistance at
that time has not made plans or ar
rangements for a resubmission of the
Charter which through technical err
ror was declared illegal.
1t was the intention of the Charter
Commission, after the first one as
adopted by the voters was declared
illegal, to resubmit the Charter at a
later election, making such minor
changes as would be necessary on ac-
count of its being effective at later
date and leave this on fiel in the City
Clerks Office the necessary number of
days before election to comply with
the law. 1t was found that the origi-
Ildl OndIIGI SnOulu UdNC DCCll llltu All
the City Clerks office ninety days be-
fore election and the one upon which
we voted was on file only slightly over
thirty days.
The City Attorney, however, advised
that the Charter Commission when it
adjourned sine die after having sub
mitted the original charter, ceased
to exist and had absolutely no legal
standing or right to resubmit another
Charter.
/ am giving you below, written
opinion received from City Attorney
Warner under date of October %:
Replying to your inquiry of some
time ago as to the possibility of the
Charter Commission elected to revise
the City Charter making what chang
es are necessary in the charter as
formerly drafted and submitted to the
voters and then resubmitting it, will
say that in my opinion such action
would not be legal.
The provisions in the Statute ap-
plying to the revision of city charters
points out specifically the steps that
must be taken in order to make the
revision. 1t provides for electing the
Charter Commission, when they shall
meet, the method of submitting the
charter to the governor for his appro-
val before the Commission finally ad-
journs, the method of submitting it
to a vote of the people and if adopted
provides for filing copies with the
Secretary. of State and County Clerk.
The Statute also provides for resub-
mitting the charter in the event that
it is not adopted at the first election
and how it may be resubmitted by the
city in case it is adopted by the city
and City Commissioners have been
elected, taken officers and performed
the duties of Commissioners under a
charter that has been adopted and af-
forwards held illegal but there is no
provision for the Charter Commission
to reassemble, revise and resubmit to
the people charter that has been once
adopted and held illegal before the
officers elected under it have perform
ed any duties by virtue of the char
ter.
There is no provision in the law
whereby the charter Commissioners
can renounce and resubmit a charter
after the duties pointed out by the
Statute for the Charter Commission
are performed and they have adjourn
ed sine die; their work is then end
ed and there seems to be no provision
whereby they can revive themselves
after final adjournment and the
charter has been adopted by the vot-
ers and resubmit it after it has been
held invalid. The fact that the Statute
provides for resubmitting a charter
that has been held invalid because not
filed with the clerk ninety days before
election, in cases where the City Com
missioners have performed duties un-
der it would seem to preclude submit
ting 1t by anyone where the City Com
missioners have not taken any action
under the charter.
The work of the charter Commission
Continued on page Ten)