The diamond drill., 1921-07-09

Chapter X for the appointment OF
City Manager, City Clerk. City Treas
urer. City Attorney. City Health ON
Ger and City Marshall and quoting
therefrom "all officers appointed az
aforesaid shall hold their respective
offices for the period OF one year and
until their successors are appointed
or qualified"
II Will therefor be seen that the
tenure OF the officers above enumerat-
ed, continues until such time after the
expiration OF the year for which they
were appointed as their successors
shall be appointed and qualified. The
charter has delegated 20 the Commits
sion the power OF appointment; this
power cannot be withdrawn or taken
from them until such time as The peo-
pie see fit to amend the charter.
Burton VS.. City OF Detroit lS0 Mich,
2l0.
In the absence OF action on the part
OF the Commission. appointing success
sors 10 the officers enumerated In sec
tion / OF the ordinance, the electors
would have no right to interfere with
the judgement and discretion OF the
commission whom they have elected
10 perform the duties enumerated In
the charter and made incumbent upon
the commission TO perform.
therefor advise you. for the rea-
sons above enumerated. and for many
others which will not take the time
or space TO discuss, that the proposed
ordinance in its entirety is in con-
fiict with the Home Rule Act OF 1909,
and the Charter OF the City; IL vir-
tually repeals and takes the breath OF
life from and makes impotent and un-
workable the charter; IL is a treach-
erous blow at organized municipal
government: no less brazen and anar-
chistic would II be 10 scrap and over
ride in this proposed way the funda
mental law OF this City. The Home
Rule Act provides a lawful orderly
remedy TO amend the charter II any
OF its provision are undesirable. The
electors have not sought that remedy
nor asked that the charter be amended.
If the proposed ordinance could be
given life in the way suggested char
ters would be useless and city govern
ment would be at the whim OF politi-
cans 10 disrupt and disorganize.
Unfortunately this proposed legisla-
tion is initiated under Chapter 3S OF
the Charter. Under that chapter up
on filing a petition accompanying
proposed ordinance, purporting. TO be
signed by qualified electors. equal in
number TO at least 25 per cent OF the
entire vote cast for all candidates 70.
governor at the last preceding general
election, and containing a request that
said proposed ordinance be submitted
to the people, the City Clerk shall with
nj five days after filing the same with
him certify It's number OF qualified
signers. IL such certificate shows the
required number OF such signers the
commission shall within twenty days
thereafter. either pass said ordinance
without alteration, or call a special
election within 30 days.
The Courts OF this State have uni
formerly held that they will not In
quire into the validity OF any propos
ed law until 1t has received Legislative
sancation the Supreme Court of the
State also very recently held in the
the case OF Hamilton VS.. Secretary OF
State. which involved the submission
OF the Parochiol School Amendment,
voted on at the last election, that II
would not inquire into the constitu-
OF this amendment until or
unless II became effective. the pre-
sumption being that the voters would |
not sanction a law that was not valid:
that the duty OF the State officers in
the question at the election |
was entirely ministerial that IL the |
amendment had the neces-
sary signatures. IL was the duty OF the |
Secretary Of State TO submit the same, |
and IL il carried its validity would be |
inquired into in "a proper proceeding !
therefor.
regard that decision controlling in !
this case; the duty OF the clerk and !
commission is ministerial. II the |
proposed ordinance has the necessary |
number OF qualified signers. the duty |
ievolves upon the Commission TO cali /
the election, and II the voters through |
misinformation or a misguided sense /
Of duty votes its enactment, It's val |