Bostedor v. City of Eaton Rapids
| Decision Date | 12 November 1935 |
| Docket Number | No. 24.,24. |
| Citation | 273 Mich. 426,263 N.W. 416 |
| Parties | BOSTEDOR et al. v. CITY OF EATON RAPIDS et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Suit by Bertha Bostedor and others against the City of Eaton Rapids and others. From an adverse decree, defendants appeal.
Affirmed.
Appeal from Circuit Court, Eaton County; Russell R. McPeek, judge.
Argued before the Entire Bench.
G. E. McArthur, of Eaton Rapids (Emerson R. Boyles, of Charlotte, of counsel), for appellants.
Kelley, Sessions, Warner & Eger, of Lansing, for appellees.
Act No. 164, Pub. Acts 1877 (see Comp. Laws 1929, § 8059 et seq.), authorized cities to establish and maintain free public libraries, provided for a maintenance fund, appointment of a board of nine directors by the mayor, with approval of the city council, fixed their terms, to be apportioned, in the first instance, by lot, and defined their powers and duties, inclusive of purchase or erection of an appropriate building.
In 1882 the Eaton Rapids public library was established under the provisions of that statute and the board of directors, in 1899, as grantees, acquired a library building and housed the library therein.
In 1914, the city of Eaton Rapids adopted a home-rule charter which provided:
‘The public library now owned by the city of Eaton Rapids shall be and remain the property of the municipal corporation hereby formed, and shall continue to be managed * * * by a board of nine directors. * * *
‘In all things not herein specified, said board shall be governed by Act No. 164 of the Public Acts of 1877, and all amendments thereto, relating to free public library and reading room.’
Act No. 248, Pub. Acts 1931, amended the act of 1877, by declaring vacant, as of July 1, 1932, the offices of directors of all library boards, and that thereafter all library boards should consist of five members, appointed by the mayor with approval of the city council, in the first instance, for terms of five, four, three, two, and one years and, thereafter, an annual appointment of one director for a five-year term.
In conformity with such amendment the mayor of the city, with approval of the city commission, on June 13, 1932, appointed a new library board of directors of five members. In appointing the board of five members, the mayor neglected to stagger the terms, but, the next day, made such designation upon the official record. We think such designation sufficient.
August 20, 1934, the city commission removed the board of five directors, declared the offices vacant, and the mayor, with the approval of the commission, appointed a new board of nine directors.
At a municipal election, held in November, 1933, the electors authorized the city commission to purchase a building for municipal purposes and the purchase was made. The commission made repairs thereon and intended to house...
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