Holden v. Board of Sup'rs of Osceola County

• Decision Date: 25 October 1889
• Citation: 43 N.W. 969,77 Mich. 202
• Court: Michigan Supreme Court
• Parties: HOLDEN, PRESIDENT OF THE VILLAGE OF REED CITY, v. BOARD OF SUPERVISORS OF OSCEOLA COUNTY.

43 N.W. 969

77 Mich. 202

HOLDEN, PRESIDENT OF THE VILLAGE OF REED CITY, v. BOARD OF SUPERVISORS OF OSCEOLA COUNTY.

Supreme Court of Michigan

October 25, 1889

Application for mandamus by John C. Holden, president of the village of Reed City, against the board of supervisors of Osceola county.

CAMPBELL J.

Respondents refuse to allow relator, as president of Reed City, to act with them as a member of the board. Their objection that his election was not certified to them is frivolous. There is no question of his official position. They also rely on a supposed constitutional difficulty in the act conferring on him the powers of a member of the board of supervisors. It was decided in Attorney General v. Preston, 56 Mich 177, 22 N.W. 261 ex officio member of the board of supervisors of his county. If the power exists, as we have held it exists, it is purely a matter of legislative policy when and where it shall be exercised. The only question, therefore, must be whether it has been exercised in this case. The only constitutional objection presented with any show of plausibility is that the power is granted under an amendment not fairly within the title of the act amended. In 1875 the legislature passed an act entitled "An act to reincorporate the village of Reed City." Local Laws 1875 p. 527. Instead of doing this by a long statute, with specific powers in detail, the legislature, as is not uncommon, and as is quite proper, saw fit to make its powers and duties conform to the general village act adopted at the same session, adding only such provisos as were necessary to connect the corporation thus remodeled with the one before existing. It is impossible to discover anything in this action which would differ from an introduction in terms, instead of by reference, of all the provisions of the general statute thus made a part of the village charter. Had the act of 1875 made the president a member of the board of supervisors, it could not be held that such a change would not be as legitimate an element of reincorporation as any other provision. Most of the great changes in our city organization have come in under laws which did no more than to indicate by their titles a purpose to incorporate, or reincorporate, or revise the corporate charter of the municipality dealt with. Anything which is meant to form a permanent element in municipal arrangements is pertinent to the corporation. In the Mackinac Case the power of the president to act as a member of the board of supervisors is found in "An act to reincorporate the village of Mackinac," adopted by the same legislature that reincorporated the village of Reed City. Local Laws 1875, p. 436. If this was proper in reincorporating one village, it must have been proper in another, under a title identical in character. It is undoubtedly competent to introduce by amendment anything which might have been introduced in the original act. The amendment was, therefore, not beyond the title and was valid. The mandamus is granted.

SHERWOOD, C.J., and LONG, J., concurred. CHAMPLIN, J., did not sit.

MORSE J., (dissenting.)

I think the writ should be denied in this case. By Act 331 of the Local Acts of 1875, the village of Reed City was reincorporated, and placed under the general law for the incorporation of villages in this state. The title of the act was as follows: "An act to reincorporate the village of Reed City." Section 1 of the act describes the boundaries of the village, and constitutes the territory a village corporate, to be known by the name of "The Village of Reed City." Section 2 reads as follows "The inhabitants, residents within the boundaries aforesaid, are hereby declared to be a corporation, and shall hereafter be known in law by the corporate name of 'The Village of Reed City;' and by that name they and their successors shall have perpetual succession, capable in law of suing and being sued, complaining and defending, in any court of law or equity, and may make and use a common seal, and alter the same at pleasure, and shall also have power to purchase, hold, and convey such real and personal estate as the purposes of the corporation may require. Sec. 3. The officers of said village now in office shall continue in office with the same powers and duties as are conferred by this act upon like officers until their successors shall be elected pursuant to the provisions of this act and the general law relating to villages, entitled 'A bill granting and defining the powers and duties of incorporated villages,' approved April first, 1875. Sec. 4. All ordinances and resolutions of said village of Reed City shall continue in force until repealed. Sec. 5. Said village of Reed City is hereby made subject to the general law entitled 'An act creating and defining the powers and duties of incorporated villages,' approved April 1, 1875. Said village shall possess all the powers, and be subject to all the duties and liabilities, imposed by said act. Sec. 6. Said village of Reed City, as hereby incorporated, shall possess all the rights and property, and be subject to all the debts and liabilities, of the said village as heretofore organized." This act took immediate affect, and was approved April 16, 1875. It will be seen that the whole purpose and effect of this act was of an enabling and saving nature. The village of Reed City was at the time of its passage incorporated under a general law, supposed to be unconstitutional; and this method was adopted to save the organization under that law, and to keep the old officers in until their successors could be elected under the new law, and at the same time placing the village, as a reincorporation, under the new law of April 1, 1875. There are no powers granted, or duties imposed upon, the officers of the village, save such as...