The diamond drill., 1921-07-09


when charter Is adopted by City
II becomes the fundamental law OF the
City. just as the Constitution Is the
fundamental law or the state"
Again In Cooley's Constitutional
Lin. 27S: Municipal bylaws must
be In harmony with the general laws
OF the State. and with the provision
OF the municipal charter-whenever
they come In conflict with either are
void"
In Brooklyn VS.. Furey. 80. N. Y.
Suppl 349 People VS.. Armstrong 73
Mich. 2S8. the following principle IS
enunciated and approved:
"A general clause in City Chart
er authorizing the Common Council
20 pass ordinances for general well
fare does not authoize II TO pass an
ordinance contrary TO the express pro-
visions OF the Charter"
And again In Sewgwick on Stat and
Con. law 466, 46S Welch VS.. Stowell.
Doug (Mich) 3S2:
"The question Is we'll settled that a
corporation can exercise no power not
clearly delegated in the act OF incor-
poration. or arising by necessary inn
plication out OF some delegated pow
er. Angel and Ames on Corpora
tions 81. An ordinance therefore not
warranted by the charter is void and
can furnish no Justification TO persons
acting under its authority"
II will thus be seen from the auth
critics above quoted and / have been
unable after careful research to flnd
any disagreement OF authority on that
question. that IL the proposed ordi'
nance is In conflict with the provis-
ions OF the charter OF the city, II would
be void and the courts would anord
no protection TO the Mayor in any at
tempt made by him TO exercise the
powers delegated TO him in said ordi-
nance.
A careful reading OF the ordinance
Is at once convincing that II is In con-
fiict with all OF its provisions with the
charter, and wipes out the very foun-
dation upon which the charter was
framed.
Section repeals outright four inde-
pendent chapters OF the charter, and
section in a vague, indefinite, mar
tistic way, places supervision OF the
offices abolished, In the hands OF the
Mayor, thus creating the inconsistent
situation OF the Mayor having super
vision OF these departments. 70 the ex-
clusion OF the Commission of which
he is a member, and 4gain conflicting
with section 6 OF Chapter 8 OF the
Charter wherein II Is provided.
THE Commission shall have the
control and supervision over all of the
departments OF the City. and TO that
end shall have power to make and en-
force such rules and regulations as IL
may deem ft and proper for and con-
cerning the organization, management
and operation OF all the departments
OF the City,"
1t would be madness for one 10
argue that the Mayor could act as an
Independent agent or official in super
vising the duties and activities OF FIVE
important Offices. and at the same time
as one OF the Commissioners
in supervising and passing upon the
acts he had already performed under
the power given him under this or
dinance.
Irrespective OF this the offices OF
City Manager, City Marshall, City
Health officer and City Attorney. are
creating by the charter, with fixed
and definite term, and no authority
exists In the Commission to abolish
Offices, the terms OF which are
definitely fixed. Even II this power
was lodge in the Commission, IL would
be a power OF discretion that could
not be controlled by a vote OF the peo
pie. without FIRST amending the charter
giving them the right so TO do.
In section 3 the Mayor is given pow
er 10 act in conjunction with the City |
Clerk i'm the matter OF purchasing !
supplies. etc
This provision Is plainly in conflict |
with section OF Chapter lS OF the |
wherein II is provided:
The City Clerk under the direction !
of the City Manager. shall act as pur-
chasing agent Of all departments. and |
as such he shall purchase all supplies !
for such departments upon requisi- |
lion in writing therefor from the City |
Manager. and In accordance with the |
provisions OF this charter and such |
rules and regulations as the commits |
sion may from time 10 time establish, |
not inconsistent Herewith"
Not only is the provisions OF section |
3 OF the ordinance contrary 10 the pro-
visions Of the charter above quoted, |
but contrary TO fundamental princi-
pies OF public policy in permitting the
Mayor. as a member OF the Commits
sion, 10 pass upon the rectitude and
exercised by him as a pur-
chasing agent.
The Commission acts as check
and balance upon official judgement
and discretion in all matters pertain
ing TO municipal affairs and IL will
readily be observed that by fair i'm
II not by absolute prohibl-
tion in other provisions of the char
ter which | Will not take space 10
quote any member OF the Commission
would be disqualified from supervis-
ing or performing any OF the official
acts. which the proposed ordinance
seeks TO impose upon him.
Section OF the ordinance provid- |
ing that all laborers employed for the |
city, or by foremen employed by him,