The L'Anse sentinel., 1922-05-26
SPECIAL MEETING
OF SUPERVISORS

A special meeting Of the board OF
supervisors for the county OF Baraga
duly called for the purpose Of taking
up matters pertaining to the mainten-
ance of trunk line highways in this
county, was held at the court house
in the village of L'Anse, Michigan, on
Friday, May 10, A. D. 1922.
! y The meeting was called to order by
the chairman, Harold e. Nilsen.
The following supervisors from the
several townships were present: Err
nest Nelson, Arvon: o. c. Olsen, Bar
aga; Patrick 2. Tracy, Covington;
Harold r. ,,,.lsen, L'Anse, and Peter
A. f'c:;ander, Spur.
absent, none.
i On motion of Alexander, supported
by Tracy, that we rescind the minutes
of the special meeting held May g.
A. d. 1922, was declared lost by the
vote following:
Yeas-Tracy and Alexander.
| Nays-Nelson, Olsen. and Nilsen.
On motion of Olsen, supported by
Nelson that the minutes of the spec
ial meeting held May 8, A. d. 1922, be
approved, was declared carried by the
vote following:
Yeas-Nelson, Olsen and Nilsen.
Nays-Tracy and Alexander.
On motion Of Olsen, supported by
Nelson and declared carried by the
vote following, Joseph F. Hambitzer
was engaged as special counsel to
represent this board relative to the
controversy to decide the legality of
the county road commission in this
county.
Yeas-Nelson, Olsen and Nilsen.
Nays-Tracy and Alexander.
On motion of Olsen, supported by
Nelson, the following resolution was
adopted by the vote following:
Whereas, the county of Baraga con-
tains more than twelve (12) organ
lied townships, and under the law the
board Of supervisors for said county
of Baraga were authorized and en-
powered to appoint county road COM
missioners for said county, and prior
to the 7th day Of April, 1922, the said
board of supervisors appointed as
such county road commissioners, Pet
er Newman, Martin Cosgrove and Au-
gust Hutula, and
| Whereas, the said Peter Newman
died some time previous to the said
7th day Of April, and the said Martin
Cosgrove and August Hutula tend
cred their respective designations to
the county clerk Of said county Of
Baraga, and
Whereas. on the 7th day of April,
Joseph j. O'Connor, judge of probate,
Homer j. Pennock, county clerk, and
Hubert A. Brennan, prosecuting at
torney, officers of said county of Bar
aga, acting under Act 203 of the Pub
lie Acts Of Michigan for 1917, ap-
pointed to fill the vacancies in certain
Offices Of county road commissioners,
Thomas D. Tracy, Alvin E. Richards,
and Lucius G. Hillyer, and
Whereas, it is claimed by the board
of supervisors for said county Of
Baraga that the designations of said
road commissioners who resigned
should have been made to the board
of supervisors, under Section l of
Chapter 2, paragraph Of the Con-
stitution of the State Of Michigan,
which provides that all officers hold
ing their Offices by appointment and
not by election should tender their
designations to the body, board, or
officer that appointed them; that said
board of supervisors is the proper
board to whom such designations
should be made, and
Whereas, neither of the said road
commissioners appointed by aid
county officers have filed any bond, as
required by law, and
Whereas. this board Of supervisors
Do Akof -
county, after the 7th day Of April,
was without any road commissioners,
! if such designations to the said coun-
| ty officials were valid, they are, un-
der the law, entitled and empowered
to appoint new board Of county
road commissioners. and
Whereas, since the 3rd day Of April
this board has appointed a new board
of road commissioners for said county
of Baraga-William Birk, to succeed
Peter Newman, deceased; Christian
Jentoft to succeed Martin Cosgrove,
tendred his resignation to the county
clerk; and Gustaf Lundberg, to sue
coed August Hutula, who resigned
to the county clerk; the designations
filed with the county clerk being be-
fore this board, and the designations
Of the said Cosgrove and Hutula be-
ing accepted by this board, and the
members of said board of county road
commissioners having duly qualified
as such, and
Whereas. the said road commission
ers appointed by said county officials
claiming to act under the advice of
the attorney general, and claiming
to be duly qualified to act, notwith-
stanGing the fact that neither of said
commissioners filed bond, as re-
quired by law, and
\ Whereas. the roads within the coun-
ty under the jurisdiction of the road
commissioners are in poor condition
for travelling. and
Whereas. the road commissioners
appointed by this board and officials
each insists that it has the right to
proceed with the work. and as the
matter cannot be compromised amic-
ABLY. and
Whereas. under date Of April 26th
1922, in a letter to ]. F. Hambitzer
attorney for the board Of supervisors
IN this special matter, from A. b
Dougherty. deputy attorney general
he states that If q request from the
board Of supervisors to take proceed.
inRs to determine the matter in dis.
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