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...LAWS...



ENACTED BY



The Legislature of 190



AFFECTING



THE MUNICIPALITY OF DETROIT.



PUBLISHED BY ORDER OF THE COMMON COUNCIL.



Detroit :

The Richmond & Backus Co.

1901



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KN KCT

To amend Sections one, two and thirteen of Chapter two, and
Sections one and twenty-five of Chapter four of an Act en-
titled "An Act to provide a charter for the city of Detro-t,
and to repeal all acts and parts of acts in conflict therewith/
approved June seventh, eighteen hundred eighty-three.



Tlie People of the State of Michigan enact:
Section 1. That sections one, two and thirteen of chapter
two, and sections one and twenty-five of cliapter four of an act
entitled "An act to provide a charter for the city of Detroft and
to repeal all acts and parts of acts in conflict therewith," ap-
proved June seventh, eighteen hundred eighty-three, as hereto-
fore amended be and the same are hereby amended so as to read
iis follows:

CHAPTER II.

Section 1. No city election shall be held in November, nine- Annual city
teen hundred one, and annual city elections are hereby abolished, abolished.
A biennial city election shall be held on the first Tuesday after ^j^j^j^j^^j ^j^y
the first Monday in November in the year nineteen hundred two, ^{fen^heid.
and every second year thereafter in connection with the general
State election held on tlie same day and to be conducted by the
same ofticers. A biennial spring election shall be held on the Biennial
first Monday of April in the year nineteen hundred three, and Ejections,
every second year thereafter in connection with the State judi-
cial election held on the same day, and to be conducted by the
same officers. The election districts in the several wards of Election
the city of Detroit as now established shall remain until they ^*s^^*<^^»-
shall be changed as provided by this act. It shall be the duty Division of

Election

of the common council when any election district shall contain Districts.

340282

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■ CITY ELECTIONS.



Registrars,
when district
is divided.



Ward Lines
to bound
Election
Districts.

Notice of
Registration.



Registration
In Divided
Districts,
when held.



Registrars to
be elected *
at the
November
Elections.



"Board pf

Registration

of Electors,"

how to

qualify.

To hold office

for two years.



Vacancies in
Board, how
filled.



How elected.



over six hundred and fifty electors to either divide such votinj?
district into two or more election districts, attach a portion
thereof to an adjoining district, or re-district the entire
ward or any part thereof in which such election district
is located. AVhen a district shall be divided, or the boundaries
thereof changed, the common council shall assign the several
registrars and inspectors who were elected at the last preceding
election in such district, to the new districts in which they
respectively reside, and to appoint a sufficient number of quali-
fied electors of such new districts, who, with the persons so
assigned, and a cliairman to be designated by the common
council, shall constitute the registrars and inspectors of election
of such new district. Election districts shall be bounded by
ward lines, by streets or alleys, or other well known and estab-
lished boundary lines. Notice of a general re-registration of
electors in all new districts shall be embodied in the notice of
registration required by this act, to be published by the city
(lerk, and such regi.«5tration shall be made in the same manner
as is provided herein for the new registration directed to be
made every fourth year, excepting that the sessions of the board
other ^han in such fourth year shall be held on the same days
«s the other sessions are held in intermediate years, as herein
provided.

Section 2. There shall be elected by ballot at the biennial
November election in the city of Detroit in November, nineteen
hundred two, and at the November election in each second year
thereafter in each of the several election districts, three qualified
electors of the district, who shall constitute a *'Board of Regis-
tration of Electors." They shall qualify by taking the con-
stitutional oath of office, to be filed with the city clerk, and
shall ))old office for two years from the first day of January
next following their election and until their successors are elected
and qualified, and if from deaths failure to qualify, removal from
the di.strict or other cause, a vacancy in such office shall occur,
or the person elected be imable to perform the duties of the
office, the common council may appoint a suitable person to
perform such duties for the remainder of the term or until the
disability be removed. At the election of such persons, no elector
shall vote for more than two candidates and from the whole
number of votes cast the three persons receiving the highest



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CITY ELECTIONS.



number of votes cast for such oflice shall be declared elected.

The person receiving the highest number of votes shall be the chairman of

the Board.

<!hajrman of tlio district boards of registratiDn and inspectors of

elections as lierein constituted. Tie votes shall be determined how tie vote

in like manner ass cases of an equal number of votes cast for the

other city offices. The registrars shall be persons who can read

and write in the English language intelligently. The fact that a ^yi^^^ not

registrar or inspector is a candidate for re-election shall not dis- <^*s<3«aiifled.

qualify him from acting as such inspector or registrar.

Section 13. On the fourth Mondav, and on the third Tues- when Regis-

tratlgn to
day and Wednesday preceding the general election held in No- be held.

vember, and the third Monday and Tuesday preceding the elec-
tion held in April in said city, the district boards of registration
shall be hi session in their respective districts at such places as
shall be designated in the notice of registration to be published
by the city clerk as hereinafter provided from eight o'clock local
time, in the forenoon to nine oVlock, local time, in the evening
of each of said days, without intermission. At such sessions of Board to re-
such district board, they , shall review and complete the list of piete the ust

of voters

qualified voters for such district. Such registration shall be
made in the ''register of electors" for .such district and shall be
made in the manner provided in this act for a general registration
of electors in every fourth year. And all the provisions of law general laws

F6l£L'tiVfi to

in relation to receiving applicants for registration, and the regis- applicants for
trations of such applicants, shall be held applicable to, and IppiicS»ie^"*
govern the registration in such intermediate years. On reviewing

"Removals."



the list of electors appearing on such register, if it shall be known ?Deaths^' and

to the board that any person whose name appears herein (therein),

is dead, or has removed from the cit5% they shall enter the word ,

^*dead" or "removed from the city" opposite such name in the

column headed "remarks," and they may further draw a line in

red ink through such name. They shall also opposite such entry.

in said column of remarks, enter the date of entrj' and the name

of the registrar making it, so as to show when and by whom

made, and thereafter such name shall be considered erased, and

treated as no longer in the register. But, if it shall happen that ^ti^ ^^"^

such entry is erroneously made, and such persons shall there- "Removal?"

after appear and claim the right to be again registered, he may ^^ correc e

be registered by the board of registration, in the same manner



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CITY RLECTIONS.



as though his uame had never been erased, or if he shall appear
at an election and claim the rl?ht to vote thereat, his name may,
oji his application, be again registered upon the following terms:
He shall upon his examination, on his oath or affirmation, which
any member of the board of inspectors may administer, declare
that he is the identical person whose name was so registered and
erased, and that he is a qualified voter and entitled to vote; and
upon making such oath or affirmation, the board of inspectors
being satisfied that he is a duly qualified elector, his name may
be registered in the manner above described by a member of the
board of inspectors, and by Its order, the proper entries being
entered in the proper register, under the appropriate heading and
the name and residence of such person entered in the list made
by the board of registration for the use of said board of inspec-
tors, as above provided, and in the column of remarks in the
"register of electors," there shall be entered opposite such name
the words "registered by inspectors," followed by the signature of

Penalty for one of the board of inspectors. And if such applicant shall affirm

false

swearing. or swear falsely he shall be liable to the pains and penalties of

perjury, and if an entry shall be made falsely and maliciously,

and without credible information, indicating hi said register

that any person is dead, or who has removed from the city, the

member of the board making it, and any other member of the

board consenting thereto, shall be deemed guilty of a misde-

loeanor, and be punished as such; and tlie party aggrieved shall

be entitled to recover from him or them in an action on the

case, treble damages for the injury, and treble costs of suit, in

any court having jurisdiction of the case, and the record of the

defendant's conviction of the criminal offense, duly authenticated.

whenRe-^ shall be prima facie evidence of his liability. In cases of special

SSes tobV elections held in any ward or wards, and not in the city gener-

cftycie^k. ally, removal certificates provided by section eleven, shall be

made and issued by the city clerk, and he shall perform the duties

in such case provided to be done by the registrars of the district

from which the applicant shall have removed.

CHAPTER IV.

Officers to be Section 1. There shall be elected at the biennial city election

Bi?nS?a?* **^® in the year nineteen hundred two and every second year thereafter
city Elections, ^^y ^j^e qualified electors of the whole city, the following officers.



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CITY ELECTIONS.



of the corporation on a general city ticket, viz: A mayor, a city
clerk, and five members of the board of estimates, who shall hold
their offices for the term of two years, beginning on the second Term of office.
Tuesday of January next succeeding their election; and a treas-
urer, whose term of office shall be two years beginning on the
first day of Jul^^ next succeeding his election. At said biennial Aideonen.
citj* el€<Jtion in November, nineteen hundred two, and every
second year thereafter, there shall be elected two aldermen, two
members of the board of estimates, and one constable in each
ward of tlie city, for the term of two years from the second ,|,^j.jj, ^^ ^^^^
Tuesday of January next succeeding their election. At the
biennial election in November, nineteen hundred two, there shall - ^.

' ' Justices of

be elected two justices of the peace who shall hold office for the ijhcn^^ted
term of four years from and after July fourth, nineteen hun- *?**«""

' of omce.

dred three, and thereafter there shall be elected at each biennial
November election two justices of the peace, who shall hold
their offices for the term of four years from and utter the fourth
day of July succeeding their election. The police justice elected pouco jus-
at the bieimial spring election held in nineteen hundred one, office o™ ^
shall enter upon and hold his office for the term of four years
from and after July fourtli, nineteen hundred one, and there-
after at each biennial spring election a police justice shall be
elected to and hold office for the term of four years from and
after the fourth day of July succeeding his election. At the

biennial spring election in the year nineteen hundred five, and Recorder and

additional
every third spring election thereafter, there shall be elected a jvoge of

recorder and an additional judge of the recorder's court of the conrt, when

city of Detroit; each to hold office for the term of six years from term 6f office.

and after the first day of January succeeding their election.

Section 25. If a vacancy occurs in anj^ elective office other vacancies,
than that of mayor, recorder or alderman, the common council ''"^ ''"^^'
sliall appoint some person eligible under this act, unless otlier-
wise provided, to serve in such office until the next biennial elec-
tion, when the vacancy shall be filled for the remainder of the
official terni. No office shall be deemed vacant under this or the

Wbat to be

two preceding sections of this chapter excepting in case of the deemed a
death, resignation, expulsion, permanent disability or removal
from the city, ward or district of the person appointed or elected
to such, office.



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8 CITY ELECTIONS.



of Act. Section 2. The object and i)urpose of this act is to amend

the cliartc^r of the city of Detroit so as to provide for biennial
city elections instead of annual city elections; and the common
council of the city of Detroit is hereby authorized to provide by
ordinance for carrying: into complete oi)eration and effect the
foregoing amendments of said charter, and to pass all the by-
laws necessary or advisable for that purpose.

Section 'A. All acts or parts of acts inconsistent with this
act are hereby repealed.

House enrolled No. 293, approved May 21, 1901.



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CITY ELECTIONS.



AN ACT

To amend Section fifty of Chapter two of act number four hun-
dred sixty-eight of the Local Acts of eighteen hundred ninety-
five, entitled "An Act to amend and revise chapters one and
two of an Act entitled 'An Act to provide a charter for the
City of Detroiti and to repeal all Acts and peirts of Acts in
conflict therewith/ approved June seventh, eighteen hun-
dred eighty-three."



The People ot the State of Michigan enact:
Section 1. That section fifty of chapter two of act number
four hundred sixty-eight of the Local Acts of eighteen hundred
ninety-five, entitled "An act to amend and revise chapters one
and two of an act entitled *An act to provide a charter far the
city of Detroit, and to repeal all acts and parts of acts in con-
flict therewith/ approved June seventh, eighteen hundred eighty-
three," be and the same is hereby amended so as to read as fol-
lows :

Section 50. The city clerk, city treasurer and the senior po- g^^^.^ ^^ ^^^^
lice justice of said city shall constitute the board of city can- Canvassers,
vassers referred to in this act, and shall upon the Thursday next
after the election, at ten o'clock in the forenoon, meet in a con- when to meet,
venient public place, to be by them designated, and proceed to
open and canvass the returns for city ofilcers and declare the proceedings
result of the election as soon as possible thereafter. For the
purpose of tabulating the returns and doing such other incidental
detail work as shall be necessary, each of the said board of can-Qjerks.
vassers may designate a suitable person to act as one of the

Compensation

clerks of the said board, to be compensated in such manner as of cierk.
the council may determine. The board itself shall elect one of

Chairman of

their number to be chairman. When the result shall have been Board-
determined, the board shall cause to be made a record in the
proper book for that purpose to be provided, of its proceedings determination.



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10



CITY ELECTIONS.



Proceedingrs
in case of
error in re-
turns made
to Board.



and of the lesult of the said election as determined by the said
board, which shall be signed by the entire board and kept on file
with the city clerk for record. If it shall be claimed by any
member of the board of city canvassers that the return made
to the board from any district is erroneous in respect to the
return of votes cast for any ofllce, the superintendent of police,,
on the request of said board, shall produce before said board the^
returns certified in the poll book for the district, and the county
clerk shall likewise produce the returns in his office from such
district, and if on comparison of all of such returns it appears
that any two of them agree as to the number of votes returned
for such office, the returns so agreeing shall be accepted as cor-
rect returns of the number of votes cast for such office. If the
error be claimed to have been made in the return for any State,„
county or congressional office, the superintendent of police and.
city clerk shall produce said poll book and returns filed in the
city clerk's office, and like examination and comparison shall be
made .thereof with the returns made to the county board of
canvassers, and with like effect as is above provided in case of
alleged error in the return of votes cast for a city, ward or dis-
trict office.

Senate enrolled No. 46, approved April 4, 1901.



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CITY OFFICERS. 11



AN ACT

To amend section two of chapter five of Act number three hun-
dred twenty-six of the Session Laws of eighteen hundred
eighty-three, entitled ''An act to provide a charter for the
city of Detroit, and to repeal all acts and parts of acts in-^
consistent therewith," approved June seventh, eighteen hun-
dred eighty-three.



The People of the State of Michigan enact:
Section 1. That section two of chapter five of act number
three hundred twenty-six of the session laws of eighteen hundred
eighty-three, entitled "An act to provide a charter for the city
of Detroit, and to repeal all acts and parts of acts inconsistent
therewith," approved June seventh, eighteen hundred eighty-
three, he and the same is hereby amended so as to read as fol-
lows :

Section 2. The mayor shall be paid a salary of five thou- gaiary of
sand dollars per annum. In case of a vacancy in the office of^^y^*"-
mayor, or his being unable to perform the duties of the oflaee by ^^^ase of'*^
reason of sickness, absence from the city, or other cause, theyf,^^p<^y; *^~

' •' ' ' sence, etc.,

president of the common council shall be acting mayor; and in°' Mayor.
case, at the same time, there shall be a vacancy in the office of
president of the common council, or he shall be unable to per-
form the duties of his office by reason or sickness, absence from
the city, or other cause, the president pro tempore of the com-
mon council shall be acting mayor. Such acting mayor shall
be vested with all the powers, and shall perform all the duties
of mayor until the vacancy or vacancies aforesaid be filled, or
the mayor or president of the common council, as the ease may
be, shall resume his office.

This act is ordered to take immediate effect.

House enrolled No. 119, approved April 3, 1901, amending Section 71
of Charter and Laws, 1893, p. 43.



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12



CITY OFFIOBRS.



AN ACT

To amend Section seven of Chapter five of an Act entitled "An
Act to provide a charter for the city of Detroit and to repeal
all acts and parts of acts In conflict therewith/' approved
June seventh, eighteen hundred eighty-three.



Duties of
Controller



The People of the State of Michigan enact:
Section 1. That section seven of chapter five of an act
entitled "An act to provide a charter for the city of Detroit, and
to repeal all acts and parts of acts in conflict therewith," he
and the same is hereby amended to read as follows:

Section 7. It shall be the duty of the controller to counter-
sign all bonds which the corporation or common council is au-
thorized to issue, pledging the faith and credit of said city; to
receive all accounts and demands against the corporation, exam-
ine them in detail, audit and allow them, or such parts thereof
as to the correctness of which he has no doubt and the claimant

File vouchers, is willing to accept in full discharge thereof, file and number
them as you<'liers in the order of their allowance, register them,
with the amount allowed and date of allowance, in the same
order, in a proper book provided for such purpose, and, on their

Draw and sign being properly discharged, in writing, to draw and sign his war-

wnrrants.

rant therefor, upon the treasurer, when the same is ordered to
be paid by the common council. If he shall have any doubt
concerning their correctness, he shall register them in a sepa-
rate list, and return them to the common council with his objec-
tions. If the same be allowed by the common council, in pursu-
ance of their authority under this act, on their return to the
controller, with a certificate of the clerk endorsed thereon that
they have been allowed by the common council, he shall then
file and register them in the list of allowed claims, in the same
manner as above provided for the registering of claims, audited
and allowed by him and, on their being properly discharged, in



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CITY OFFICERS. 13



writing, shall draw and sign his warrant therefor on the treas-
urer. It shall also he the duty of the controller to lay before the
common council, once in each year, in the month of July, or To present
oftener, if directed by the common council, a complete classified juiy, state-


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Online LibraryMichiganLaws Enacted by the Legislature of 1901: Affecting the Municipality of Detroit → online text (page 1 of 14)