(MISC. PUBS.I ST-P broit, Mi,\ |Charter«, [Miscellaneous publications.] i"roposed charter of the city of Detroit (defeated). 191'+. / ED of the City of Detroit To be Voted Upon at a Special Election, February 10, 1914 Pren of The Heu-^hton-Jacobson Printing Co. BUREAU OF GOVERNMENTAL RESEARCH 44 LlfJ^ARY BUILDING / iT" (9 Z o u 0. >• ui Q o u Ui ca UI < 3 ''\ ^ , '\ 1 1 '-1 \^ > / BUREAU OF GOVEJSrNMENTAL RESEARCH l^RARY 44 Ll^ARY BUILDING Address to the People of the City of Detroit, Submitting the Proposed Revision of the Charter TO THE PEOPLE OF THE CITY OF DETROIT: In this instrument your charter-framing body proposes a bill of rights and liberties not such as were wrung from kfngs or legislatures by the self-governing cities of the past, but such as are hereby, for the first time, framed for enactment by this people themselves The first full measure of home rule, so long sought by the people living in the great cities, finds embodiment in this charter as proposed by your Com- missioners. Until the people in this manner enact a new charter, the rights so well won under the new constitution of the state cannot flow to us in Detroit, excepting by piecemeal amendments, involving court and legislative interference. Herein we propose that the people of this city, which now numbers more souls than the state of Michigan did in 1850, shall adopt a charter of liberties and a form of government more in keeping with the needs and the ideals of this generation. Not all these needs and ideals could find expression in this new instrument. The city is composed of many and varied shades of opinion, radical and conservative. Governni'ent is made possible by compromise. Far from being revolutionary, or even radical, yet thoroughly progressive in its main tendency, this proposed charter retains the tried and tested methods of government em- bodied in the old charter, discarding only those so manifestly unfitted for this age and generation as to constitute a stumbling block to civic progress. To embody safely progressive ideas of municipal efiiciency in this new docu- ment has been the aim of your Commiss ioners. We have set out with the pro- found fact always present in our consciousness, tliat improved methods of municipal government is the great need in American cities today. No proposals, theories, comparisons, suggestions, analysis or studies in municipal government have been left unconsidered. We invited present and former city officials to give freely of their advice. Notable authorities on civics were invited to present their views. The framers of other new home rule charters, particularly the one proposed for Cambridge, Mass., and the one recently adopted by the people of our sister city, Cleveland, were consulted. A prolonged, and painstaking effort has been made to embody in this new charter such sane and tested progressive principles as should ensure the endorsement of the instrument by the people. The concentration of responsibility, and the simplification of elections have been two primary ends sought. From these flow many advantages, just as diffuse responsibility, and confusing election devices, make possible machine rule, mis-government, and inefficiency. Coupled with these, the two large con- siderations of municipal ownership and of civil service present four important features in charter reform. There can be no division of opinion as to the importance of our proposed charter. The people have the alternative of contenting themselves with an old charter and a form of government by obsolete legislative grants and with con- tinuing every present evil, or of adopting this new charter in which the city has its face turned towards progress. The proposed instrument embodies within itself the power to correct by the initiative any defect therein. We believe that it; is, indeed, a charter of the peoples' liberties. The attention of the people of Detroit is, therefore, respectfully drawn to the new charter in full, and, in particular, to these important features not found in our present charter: The Non-Partisan Ballot. a. The best municipal government is not possible so long as national party issues are used to confuse municipal elections. National party labels, party issues, party ballots and party devices are foreign to the needs of city manage- ment. The non-partisan ballot eliminates all this. It also eliminates the danger of machine methods in local politics by making the partisan organization inef- fective in city politics. At the same time it purifies partisan politics by restricting party activities to the legitimate field for such issues, state and national affairs. b. The preferential ballot, being non-partisan, does away with party primaries, and party enrollments, and provides for a majority election, in place of existing elections by dominant minorities. The duplication of elections and nominations is a present evil. The election of minority candidates is under the old methods an ever present practice. The voter has a first, second and other choices on the new simplified ballot. This form of ballot also enables the voter to do what it is impossible to do when the old ballot is used. He can effectively register a vote against a candidate, making the election of a notoriously obnoxious candi- date impossible. Simplicity in elections, and in voting, will follow. c. The terms of office will be four years in place of two. The elections will be separate from the state and national elections. The number of people to be voted for will be fewer. The responsibility will be concentrated. The precincts will be smaller. The voting will be simpler and more centered. Without a party ballot, a confusion of elections, a confused ballot, and minority elections as at present, no political machine can be successfully maintained. Concentration of Responsibility. a. With the Mayor powerless to remove Commissioners, with departmental terms of office over-lapping that of the Mayor, and with the Board of Estimates and the Council dividing, and therefore evading the tax-levying responsibility, the people are unable to lay their hands upon the responsible person, but if they could do so, they are helpless for they do not now have the power to discharge him. Such is the present condition. The new charter gives the Mayor a four- year term, gives him power to veto the estimates and power to appoint his own department heads, and to discharge them. The public finger can then reach the responsible man. b. To place such power in the hands of an elected official, without retaining the power to recall would be fatal. The new charter, complying with the mandate of the people, provides for the initiative, referendum and recall. If the people do not like their servants, they can remove them. If the Common Council does not enact a generally desired ordinance, the people can, by a 5% petition, initiate, refer and enact the ordinance by ballot themselves. They can repeal an obnoxious ordinance or amend this charter in the same way. c. Efficiency, economy and concentration of responsibility called also for the abolition of the Board of Estimates, and for the reduction of the number of Aldermen from two to one from each ward. The undivided responsibility of the Aldermen will under the proposed charter include the tax-raising power. The Mayor, too, will have closer authority over the City Assessors, so that no administration can blame some other part of the administration or some hold- over ofificials for misdeeds or bad judgment. d. Municipal progress points also in the direction of a shorter ballot. The reduction of the number of Aldermen, the elimination of the Estimators, and the elimination of the primaries will make for a shorter ballot. Smaller precincts as provided and better voting conditions make for efficiency in the polling booth. Municipal Ownership and Civil Service. a. The new charter will also be the vehicle for the provision for the municipal ownership of street railways. The municipal ownership charter amendment adopted by the people last spring has been adopted in its entirety as part of the proposed charter, excepting some minor changes intended to clear away am- biguities and to fortify it against attacks in the courts, and, excepting, further, that the Street Railway Commissioners are made more directly responsible to the Mayor, and are paid salaries so as to justly make available the services of valuable men, who are not necessarily wealthy. b. Similarly, the civil service amendment to the old charter has been made an inseparable part of the new charter. c. The Public Lighting Commission has been authorized to engage in com- mercial Hghting. The Municipal Street Railway Commission has been authorized, for the purpose of economy, to utilize its by-products. Water Board. The Water Board has been brought under the nuinicipal government. Recreation Commission. A Recreation l ommission has been authorized with a view of increasing and improving our free recreation facilities and of lifting Detroit out of her present unenviable status as the city with the least play-ground space for her children. Wages and Working Conditions. A Bureau of Labor Welfare has been created. A minimum wage scale has been provided for city employees, with an 8-hour day regulation. The city is also authorized to regulate the wages and working conditions of employees of public service corporations. Department of Public Safety. To conserve life and property by insuring safely in construction, wiring, plumbing, fire-proofing, and in all private structures and public works, a depart- ment with concentrated responsibility has been created from which all such per- mits and licenses will issue. City Statistician. Anticipating the enlargement of the scope of municipal activity, notably in street car operation and allied functions, the position of City Statistician has been created, so that comparative figures in all branches of city service may be gathered, analyzed, compared and applied to local conditions, thus making for nuinicipal efficiency. City Board of Health. In conformity with the principle of home rule, the Health Board organiza- tion is taken over from the state, and will now be municipal in its scope and authority, the members to be appointed by the Mayor, instead of by the Governor. The municipal funds will then be spent by municipal oflicials. Increased Public Utility Activities Made Possible. The necessary charter machinery has been constructed to make possible the l)uilding of a municipal hospital, a telephone system, garbage incinerators and gas plant, at any time in the future. The power will lie available in the charter whether it will be used or not. the better to strengthen the city's position in meeting its problems. Bonds of Small Denominations, Permitted. Heretofore the smallest denomination in which municipal bonds were issued was $500. The proposed charter places no restriction on the minimum denomina- tion. The city may thus sell $100 bonds, or less, to our own citizens, the better to ensure a ready market, economy in marketing bonds, and local interest in the city's credit. Salary Changes. While a number of salary items have been eliminated by the reduction of the number of elected officials, the economy thus effected has been ofifset by the raising of certain important salaries, the end sought, both in the abolitions and the additions, being efficiency. The new charter is expected to encourage the entrance into the municipal service of men of high calibre. The services of men of this grade may be worth more than the salaries herein fi.xed. Moreover, no man should be made to feel that his lack of wealth, together with the lowness of the compensation, makes it impracticable for him to offer his talents to the municipal service. This new charter puts the city in the position of expecting and demanding competency in officials. In Conclusion. We recommend the adoption of this charter as embodying not all the desired reforms, but many of thetn as outlined in this summary. Detroit cannot afford to be behind her sister cities in modernizing her obsolete forms of government. Perfection is not possible, but we sincerely believe that the work we have wrought in framing this instrument deserves the endorsement of the people of Detroit, Respectfully submitted, FREDERICK F. INGRAM. JOSEPH MERRELL, PATRICK \V, KEATING, LOREN W. BURCH, Committee on Address to the People. Adopted by the (.'barter Cotntnission at the session of November 5, 1Q13 EDWIN DENBV. Pi-csidenl. RICHARD LINDSAY, City Clerk and Clerk of the Charter Conimission TO BE VOTED UPON AT THE SPECIAL ELECTION FEBRUARY 10, 1914 REVISED CHARTER OF THE CITY OF DETROIT CHAPTER I. CITY: POWERS AND BOUNDARIES General Powers: Sec. 1. The inhabitants of the City of Detroit, as its limits now are or may hereafter be, are and shall continue to be a body politic and cor- porate under the name and style of the City of Detroit and as such shall have perpetual succession, shall have and use a corporate seal and shall have such powers, perform such duties and be subject to such limitations as are pro- vided by the constitution of the State of Michigan and the laws passed in accordance therewith. Two Branches of Government: Sec. 2. The powers of local government possessed by the city are divided into two departments, the legislative and administrative. No person or body belonging to one department shall exercise powers properly belonging to the other, except as otherwise herein expressly provided. Boundaries of City: Sec. 3. The territorial limits of the City of Detroit shall include all that tract of country in the County of Wayne, bounded and described as follows : Beginning at a point in the National Boundary line, in Lake St. Clair, said point being the intersection of said line with a line 200 feet easterly from and parallel with the easterly line of Alter Road, extended southerly, thence northerly along said line 200 feet easterly from and parallel with Alter Road to a point 14.92 feet northerly of the south line of Goethe street; thence west- erly to a point in the easterly line of Private Claim 257, said point being dis- tant 500 feet southerly along said line from the center line of Mack avenue ; thence northerly along said easterly line of Private Claim 257 to a point in the center line of Harper avenue, said point being the northeasterly corner of said Private Claim 257; thence westerly along the rear line of Private Claims to the center line of St. Charles avenue; thence northwesterly along the center line of St. Charles avenue to the center line of Strong avenue; thence westerly and northwesterly along the center line of Strong avenue to the intersection of the center line of Mt. Elliott avenue, extended ; thence we.'^terly parallel with the northerly line of Grand Boulevard East, being 2 CITY CHARTER— CHAPTER I. the soiUlierh- line of Xewton avenue, to a point in the easterly line of St. Aubin avenue ; thence northerly along said easterly line of St. Aubin avenue and said easterly line extended, to a point 233 feet northerly of the south line of Quarter Section 39 of the Ten Thousand Acre Tract ; thence westerly on a line 233 feet northerly from and parallel with the said southerly line of Quarter Section 39 to a point in the westerly line of right-of-way of Detroit, Grand Haven and Milwaukee Railroad Co. ; thence northerly along the said westerly line of Detroit, Grand Haven and Milwaukee Railroad Co.'s right- of-way to a point, the intersection of said westerly line of right-of-way and the center line of Quarter Section 23, Ten Thousand Acre Tract ; thence westerly along the center line of Quarter Section 23. and the center lines of Quarter Sections 23, 25 and 26 of the Ten Thousand Acre Tract to a point 250 feet westerly of the center line of Hamilton Boulevard ; thence southerly on a line 250 feet westerly from and parallel with said center line of Ham- ilton boulevard to a point 233 feet northerly of the center line of Bancroft avenue ; thence westerly on a line 233 feet northerly from and parallel with said center line of Bancroft avenue to a point in the westerly line of Twelfth street; thence southerly along the westerly line of Twelfth street to a point in the northerly line of Quarter Section 54, Ten Thousand Acre Tract ; thence westerly along the northerly line of Quarter Sections 54 and 53, Ten Thousand Acre Tract, to a point, the intersection of the easterly line of the westerly one-quarter of Quarter Section 48, Ten Thousand Acre Tract, with the said northerly line of Quarter Section 53, thence northerly along the easterly line of the westerly one-quarter of Quarter Section 48, Ten Thousand Acre Tract, to a point in the southerly line of Joy Road ; thence westerly on the said southerly line of Joy Road, and said line extended, to a point in the easterly line of Livernois avenue; thence southerly along said easterly line of Livernois avenue, to a point in the westerly line of right-of- way of Pere Marquette Railroad Co. ; thence southerly along the westerly line of said Pere Marquette Railroad Co.'s right-of-way to a point 14.50 feet northerly of the southeasterly corner of lot 145 of Crowley's Subdivision of part of the east half of Private Claim 574; thence westerly to a point, the northwesterly corner of A. A. Willson's Subdivision of Lot 1, Private Claim 266; thence southerly along the westerly line of said Private Claim 266, to the northeasterly corner of Prix'ate Claim 719; thence westerly along the rear line of Private Claim 719 to the northwesterly corner of said Private Claim 719; thence southerly along the westerly line of Private Claim 719 to the northeasterly corner of Private Claim 543 ; thence westerly along the north- erly line of said Private Claim 543, to the northwesterly corner of said Private Claim ; thence southerly along the westerly line of Private Claim 543 to the northwesterly line of Baby Creek; thence southerly along the northwesterly line of Baby Creek to its intersection with the center line of River Rouge; thence southerly following the meandering of said center line of River Rouge down stream to the Detroit River; thence southerly to the National Boundary Line; thence easterly along said National Boundary Line to the place of beginning. Ward Boundaries: Sec. 4. The city is hereby divided into the following wards: The First Ward shall embrace the lands within the following boundary lines- Conmiencing at the intersection of the National Boundarv Line with CITY CHARTER— CHAPTER I. 3 the center line of W'iKxhvard ;i\ enue projected, and running thence northerly along said line and along the center line of said Woodward avenue to the northerly boundary line of the city; thence easterly along said northerly houndrv line to the center line of Brush street, thence southerly along the center line of Brush street to the center line of Holbrook avenue; thence southerly along the center line of Beaubien street and said line extended to the National Boundary Line, thence westerly along said boundary line to the place of beginning. The Second Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Woodward avenue extended; thence running northerly along said line and along the center line of Woodward avenue to the northerly boundary line of the city ; thence westerly along said northerly boundary line to the center line of Second avenue; thence southerly along the center line I if Second avenue to the center line of Grand River avenue; thence south- easterly along the center line of Grand Ri\er avenue to the intersection with the center line of First street ; thence southerl}- along the center line of First street and said line extended to the National Boundary Line, and thence easterly along the National Boundary Line to the place of beginning. The Third \\ard shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Beaubien street projected; thence northerly along said line and along the center line of Beaubien street to the center line of Holbrook avenue; thence northerlv along the center line of Brush ^--treet to the northerly line of the city; thence easterly along the northerly line of the city to the center line of Goodwin avenue; thence southerly along the center line of Goodwin avenue, to the center. line of Holbrook avenue; thence westerly along the center line of lli)lbrook a\enue to the center line of Oakland axenue; thence ■southerly alcmg the center line of Oakland avenue to the center line of Marston axenue; thence easterly along the center line of Marston avenue to the center line of Melrose avenue ; thence southerl}' along the center line of Melrose avenue and Hastings street and said center line of Hastings street projected to the National Boundary Line; thence westerly along said National Pioundary Line to the place of beginning. The Fourth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of First street projected and running thence northerly along said line and along the center line of First street to the center line of Grand River, avenue; thence northwesterly along the center line of Grand River avenue to the center line of Second avenue; thence northerlv along the center line of Second avenue to the northerly boundary limits of the city; ■thence westerly along the northerly boundary limits of the city to the center line of Hamilton boulevard ; thence southerly along the center line of Hamil- ton boulevard and Greenwood avenue to the center line of Grand River avenue thence southeasterly along the center line of Grand River avenue to' the center line of Fifth street : thence southerly along the center line of Fifth street and said center line projected to the National Boundary Line; thence easterly along the National Boundary Line to the place of beginning. The Fifth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundarv IJne with the center line of Hastings street projected ; thence northerly along said line and along the center line of said Hastings street and Melrose avenue to the center 4 CITY CHARTER— CHAPTER I. line of Marston avenue ; thence westerly along the center line of Marston avenue to the center line of Oakland avenue; thence northerly along the center line of Oakland avenue to the center line of Holbrook avenue ; thence easterly along the center line of Holbrook avenue to the center line of Goodwin ave- nue; thence northerly along the center line of Goodwin avenue to the northerly limits of the city ; thence easterly along the northerly limits of the city to the center line of Russell street; thence southerly along the center line of Russell street to the center line of Caniff avenue; thence easterly along the center line of Canitif avenue to the center line of Russell street; thence south- erly along said center line of Russell street to the center line of Westminster avenue; thence westerly along the center line of Westminster avenue to the center line of Russell street ; thence southerly along the center line of Russell street and said center line projected, to the National Boundary Line, thence westerly along the National Boundary Line to the place of beginning. The Sixth Ward shall embrace all the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Fifth street projected; thence northerly along said line and along the center line of Fifth street to the center line of Grand River avenue : thence northwesterly along the center line of Grand River avenue to the center line of Greenwood avenue ; thence northerly along the center line of Greenwood avenue and Hamilton boulevard to the northerly limits of the city ; thence westerly along the northerly limits of the city to the westerly city limits; thence southerly along the westerly city limits- to a point 233 feet north of the center line of Bancroft avenue; thence westerly on a line parallel with said Bancroft avenue and 233 feet northerly of the center line thereof (being the boundary limits of the city), to the center line of Wilson avenue; thence southerly along the center line of Wilson avenue to the center line of Seward avenue; thence easterly along the center line of Seward avenue to the center line of Greenfield avenue ; thence southerly along the center line of Greenfield avenue to the center line of Grand boulevard west ; thence easterly along the center line of said boulevard to the intersection with the center line of Stirling avenue projected ; thence southwesterly along the center line of said Stirling avenue to the center line of Holden avenue ; thence southeasterly along the center line of Holden avenue to the center line of Trumbull avenue; thence southerly along the center line of Trumbull avenue to the center line of Fort street west ; thence easterly along the center line of Fort street west to the center line of Eighth street; thence southerly along the center line of Eighth street and said center line projected to the National Boundary Line; thence easterly along the National Boundary Line to the place of beginning. The Seventh Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Russell street projected ; thence northerly along said line and the center line of Russell street to the center line of Westminster avenue; thence easterly along said center line of Westminster avenue to the center line of Russell street; thence northerly along the center line of Russell street to the center line of Canift" avenue; thence westerly along the center line of Caniff avenue to the center line of Russell street; thence northerly along the center line of Russell street to the northerly boundary limits of the city, thence easterly along said northerly boundary limits to the easterly boundarv limits of the city, being the west line of the Detroit, Grand Haven & Mil- waukee railway right-of-way; thence southerly along said easterly boundarv CITY CHARTER— CHAPTER I. 5 limits to a point 233 feet northerly of the south line of Quarter Section 29, of the Ten Thousand Acre Tract; thence easterly along the city limits to the center line of the right-of-way of the Detroit, Grand Haven & Milwaukee Ry. ; thence southerly along the center line of said right-of-way and along the center line of Dequindre street and said center line projected, to intersection with National Boundary Line ; thence westerly along said National Boundary Line to the place of beginning. The Eighth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Lighth street projected and running thence northerh' along said line and along said center line of Eighth street to the center line of Fort street west ; thence westerly along the center line of Fort street west to the center line of Trumbull avenue ; thence northerly along said center line of Trumbull avenue to the center line of Holden avenue; thence northwesterly along the center line of Holden avenue to the center line of Stirling avenue; thence northerly along the center line of Stirling avenue to Grand boulevard west; thence northwesterly to the center line of Greenfield avenue; thence northerly along the center line of Greenfield a\enue to the center line of Seward avenue; thence westerly along the center line of Seward avenue to the center line of Wilson avenue ; thence northerly along the center line of Wilson avenue to the northerly limits of the city; thence westerly along the northerly limits of the city to the westerly line of Twelfth street; thence southerly along the westerly line of Twelfth street to a point in the northerly line of Quarter Section 54. of the Ten Thousand Acre Tract ; thence westerly along the northerly line of said Quarter Section 54 (being the city limits) to the center line of Fourteenth avenue; thence southerly along the center line of Fourteenth avenue to the center line of Grand boule- vard west ; thence easterly along the center line of Grand boulevard west to the intersection with the center line of Wabash avenue ; thence southerly along the center line of Wabash avenue to the center line of Howard street ; thence easterly along the center line of Howard street to the center line of Vermont avenue ; thence southerly along the center line of Vermont avenue and said center line extended to the National Boundary Line ; thence easterly along said National Boundary Line to the place of beginning. The Ninth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Dequindre street projected; thence northerly along said line and along the center line of Dequindre. street and the center line of the Detroit, Grand Haven & Milwaukee railway right-of-way to a point 233 feet northerly of the south line of Quarter Section 39, of the Ten Thousand Acre Tract ; thence easterly along the line of the city limits to its intersection with the easterly line of St. Aubin avenue extended : thence southerly along the easterly line of St. Aubin avenue and said line extended, to a point at the intersection of the easterly line of St. Aubin avenue with the northerly city limits at Newton avenue; thence easterly along the line of the city limits to the center line of Joseph Campau avenue ; thence southerly along the center line of Joseph Campau avenue to the intersection with the center line of Chene street in Grand boulevard east; thence southerly along the center line of Chene street and said center' line projected to the National Boundary Line; thence westerly along said National Boundary Line to the place of beginning. The Tenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with 6 CITY CHARTER— CHAPTER I. the center line of Vermont avenue extended ; thence northerly along said line and along the center line of Vermont avenue to the center line of Howard street ; thence westerly along the center line of Howard street to the center line of Wabash avenue; thence northerly along the center line of Wabash avenue to the center line of Grand boulevard west; thence westerl}- along the center line of Grand boulevard west to the intersection of the center line of Fourteenth avenue; thence northerly along the center line of Fourteenth avenue to the city limits; thence westerly along the city limits to the center line of Lawton avenue; thence southerly along the center line of Lawton avenue to the center line of A'IcGraw avenue; thence-easterly along the center line of McGraw avenue to the westerly line of the Loranger farm ; thence southerly along the said westerly line of the Loranger farm to the northerly line of Michigan avenue; thence southerly along the center line of Twentieth street to the center line of Fort street west ; thence easterly along the center line of Fort street west to the center line of Nineteenth street ; thence south- erly along the center line of Nineteenth street, and said line projected to the National Boundary Line; thence easterly along the said National Boundary Line to the place of beginning. The Eleventh Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Botmdary Line with the center line of Chene street projected, thence northerly along said line and along the center line of Chene street to the intersection of said center line with the center line of Joseph Campau avenue in East Grand bouelvard ; thence easterly in said boulevard to the intersection of the center line of that part of the Grand Boulevard east running in a southerly direction ; thence southerly along the center line of said Grand boulevard east and the center line of McDougall avenue and said center line extended in a southerly direc- tion to the National Boundary Line; thence westerly along the National Boundary Line to the place of beginning. The Twelfth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Nineteenth street projected; thence northerly along said line and along the center line of said Nineteenth street to the center line of Fort street west; thence westerly along the center line of Fort street west to the. intersection of the center line of Twentieth street; thence northerly along the center line of Twentieth street and the westerly line of the Loranger farm to the center line of McGrav^^ avenue ; thence westerly along the center line of McGraw avenue to the intersection with the center line of Lawton avenue; thence northerly along the center line of Lawton avenue to the northerly city limits ; thence following the line of the city limits westerly and northerly to the Joy road; thence westerly along the Joy road to the intersection of the center line of Dexter boulevard ; thence southerly along said center line of Dexter boulevard to the center line of Grand boulevard west ; thence southerly along the center line of \''inewood avenue to the intersection with the center line of Brown place ; thence easterly along the center line of Brown place to the center line of Roosevelt avenue ; thence southerly along the center line of Roosevelt avenue to the center line of McGraw avenue ; thence easterly along the center line of McGraw avenue to the westerly line of the Porter farm; thence southerly along the westerly line of said Porter farm to the center line of Lafayette boulevard; thence westerly along the center line of Lafayette boulevard to the center line of Grand boulevard west ; thence southerly through the center of said Grand CITY CHARTER— CHAPTER I. < boulevard west and said center line projected to the National Boundary Line; thence easterly along said National Boundary Line to the place of beginning. The Thirteenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of McDougall avenue projected; thence northerly along said line and along the center line of McDougall avenue and along the center line of Grand boulevard east to a point in that part of Grand boulevard east running in a westerly direction ; thence westerly along a line in said Grand boulevard east to the intersection of the center line of Joseph Campau avenue and Chene street ; thence northerly along the center line of Joseph Campau avenue to the city limits; thence easterly along the line of the city limits to the center line of Mt. Elliott avenue; thence southerly following the center line of said Mt. Elliott avenue and said center line pro- jected to the National Boundary Line; thence westerly along said National Boundary Line to the place of beginning. The Fourteenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the center line of Grand boulevard west projected, and running northerly along said line and along the center line of Grand boulevard west •to the intersection with the center line of Lafayette boulevard ; thence east- erly along the center line of Lafayette boulevard to the westerly line of the Porter farm ; thence northerly along the westerly line of said Porter farm to the center line of McGraw avenue; thence westerly along the center line of McGraw avenue to the intersection with the center line of Roosevelt avenue ; thence northerly along the center line of Roosevelt avenue to the intersection with the center line of Brown place ; thence westerly along the center line of Brown place to the center line of Vinewood avenue; thence northerly along the center line of Vinewood avenue to the center line of Dexter boulevard; thence northerly along the center line of Dexter boulevard to the city limits; thence westerly along the northerly city limits to the intersection of the center line of Grand River avenue; thence southeasterly along the center line of Grand River avenue to the intersection with the center line of Maplewood avenue ; thence westerly along the center line of Maplewood avenue to the center line of Beechwood avenue ; thence southerly along the center line of Beechwood avenue to the center line of Tireman avenue ; thence easterly along the center line of Tireman avenue to the center line of Boxwood avenue; thence south- erly along the center line of Boxwood avenue to the center line of Moore place ; thence easterly along the said center line of Moore place to the center line of Thirtieth street, thence southerly along the center line of Thirtieth street to the center line of McGraw avenue ; thence easterly along the center line of McGraw avenue to the westerly line of Private Claim 47; thence southerly along the westerly line of Private Claim 47 and said line extended to the National Boundary Line; thence easterly along the National Boundary Line to the place of beginning. The Fifteenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boimdary Line with the center line of Mt. Elliott avenue extended ; thence northerly along said line and along the center line of said Mt. Elliott avenue to the intersection of the center line of Strong avenue, being the northerly boundary limits of the city : thence easterly along the center line of Strong avenue, and the north- erly boundary line of the city, to the center line of St. Charles avenue; thence southerly along the center line of St. Charles avenue to the rear line of private 8 CITY CHARTER— CHAPTER I. claims in Harper avenue ; thence easterly along the center line of Harper avenue to the center line of Field avenue; thence southerly along the center line of Field avenue and said center line projected to the channel in the Detroit river, between the island known as Belle Isle Park and the mainland ; thence easterly along the channel between said island and the mainland to the channel at the east- erly end of said island ; thence southerly along said channel to the National Boundary Line and thence westerly along said National Boundary Line to the place of beginning. The Sixteenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundary Line with the westerly line of P. C. 47 extended; thence northerly along the said line and along the westerly line of said Private Claim 47 to the center line of McGraw avenue; thence westerly along McGraw avenue to the center line of Thirtieth street ; thence running northerly following the center line of Thirtieth street to the center line of Moore place and thence along the center line of Moore place to the center line of Boxwood avenue ; thence through the center line of Boxwrood avenue to the center line of Tireman avenue ; thence through the center line of Tireman avenue to the center line of Beechwood avenue thence through the center line of Beechwood avenue to the center line of Maplewood avenue; thence through the center line of Maplewood avenue eastwardly to the center line of Grand River avenue; thence northwesterly through the center line of Grand River avenue to the city limits; thence westerly along said city limits to the east line of Livernois avenue in the line of the city limits ; thence southerly along the said east line of Livernois avenue to the city limits on the westerly side of the Pere Marquette Railroad ; thence southerly along said city limits to a point where said city limits turn in a westerly direction ; thence westerly along said city limits to the intersection of the center line of Livernois avenue; thence southerly along the center line of said Livernois avenue to the cerjter line of Dix avenue ; thence westerly along the center line of Dix avenue to the center line of Artillery avenue : thence southerly along the center line of Artillery avenue to the center line of West Jefiferson avenue ; thence easterly along the center line of West Jefferson avenue to the west line of Private Claim 39 in the line of Cavalry avenue, if extended ; thence southerly along the west line of Private Claim 39 and said west line projected southerly to the National Boundary Line ; thence easterly along said National Boundary Line to the place of beginning. The Seventeenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the channel of the Detroit river between the mainland and Belle Isle Park and the center line of Field avenue projected in a southerly direction; thence northerly along said line and along the center line of said Field avenue northerly to the rear line of Private Claims in Harper avenue, being the northerly city limits ; thence easterly along the northerly city limits to the intersection of the center line of Fischer avenue ; thence southerly along the center line of Fischer avenue to the center line of Jefiferson avenue; thence westerly along the center line of Jefferson avenue to the westerly line of Private Claim 72Z ; thence south- erly along the westerly line of said Private Claim 723 line projected in a southerly direction to the center of the channel between Belle Isle Park and the mainland; thence westerly along the center of said channel to the place of beginning. The Eighteenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the National Boundarv CITY CHARTER— CHAPTER I. ^ Line with the west line of Private Claim 39 projected, and thence northerly along said line and along the westerly line of Private Claim 39 to the center line of West Jefferson avenue at Cavalry avenue; thence westerly along the center line of West Jefferson avenue to the center line of Artillery avenue ; thence nortlierly along the center line of Artillery avenue to the center line of Dix avenue; thence easterly along the center line of Dix avenue to the center line of Livernois avenue; thence northerly along the center line of Livernois avenue to the north- erly city limits ; thence westerly following the line of the city limits to the center line of Central avenue ; thence along the center line of Central avenue to the center line of Fort street west; thence weste: ly along the center line of Fort street west to the center line of West End avenue, thence southerly along the center line of West End avenue and said center line projected to the'^River Rouge; being the city limits; thence .southerly following the meanderings along the center of the River Rouge, down stream to the Detroit river and thence southerly to the National Boundary Line, thence along the National Boundary Line to the place of beginning. The Nineteenth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the center of the channel of the Detroit river between Belle Isle Park and the mainland and the west line of Private Claim 723 projected ; thence northerly along said line and along the line of Private Claim 111 to the center line of Jefferson avenue; thence easterly along the center line of Jefferson avenue to the center line of Fischer avenue, and thence northerly along the center line of Fischer avenue to the northerly city limits, being the rear line of private claims in Harper avenue ; thence easterly along the rear line of private claims, being the northerly limits of the city, to the northeast corner of the City of Detroit in Harper avenue, being the east line of Private Claim 257; thence south along the easterly line of Private Claim 257 and along said line projected to the channel of the Detroit river between Belle Isle Park and the mainland and thence westerly to the place of beginning. The Twentieth Ward shall embrace the lands within the following boundary lines: Beginning at the intersection of the boundary line of the city and the River Rouge with the center line of West End avenue projected and thence northerly along said line and along the center line of West End avenue to the center line of Fort street west; thence easterly along the center line of Fort street west to the center line of Central avenue; thence northerly along the center line of Central avenue to the northerly limits of the city; thence following the northerly and the westerly line of the city limits along the northwesterly line of Balay Creek to its intersection with the center line of the River Rouge; thence southerly following the meanderings of said River Rouge down stream to its intersection with the center line of West End avenue projected, being the place of beginning. The Twenty-first Ward shall embrace the lands within the following boundaries : Beginning at the intersection of the channel bank of the Detroit river between Belle Isle Park and the mainland, and the easterly line of Private Claim 257 projected; thence northerly along said line and along the easterly line of Private Claim 257, to a point 500 feet southerly along said line, from the center of Mack road; thence easterly along the city limits to a point 14.92 feet northerly of the south line of Goethe street, 200 feet easterly of the Alter road ; thence southerly along a line two hundred feet easterly of the Alter road, and said line projected to the National Boundary Line in Lake St. Clair, said line being the easterly city limits ; thence along the National Boundary 10 CITY CHARTER— CHAPTER I. Line to the channel of the Detroit river at the easterly end of Belle Isle Park; thence along said channel northerly to the center of the channel between said island and the mainland and thence westerly along said last mentioned channel to the place of beginning. CITY CHARTER— CHAPTER II. U CHAPTER II. REGISTRATION Election Districts: Sec. 1. The Common Council shall by ordinance divide the several wards of the city into election districts, which shall be bounded by ward lines, by streets or alleys, or other well known and established boundary lines, and which shall contain not more than five hundred electors. New Election Districts: Sec. 2. \Vhen any- election district shall contain over five hundred electors, the Election Commission shall recommend the division thereof and the Com- mon Council shall either divide such district into two or more election dis- tricts, 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. When a district shall be divided, or the boundaries thereof changed, the Common Council shall assign the several registrars and inspectors of such district to the new districts in which they respectively reside, and appoint a sufficient number of qualified electors of such new districts to serve until their suc- cessors shall be elected or appointed, who, with the persons so assigned, and a chairman to be designated by the Common Council, shall constitute the registrars and inspectors of election of such new district. Whenever a ward shall ha\ e been redistricted or the boundaries of an election district changed, as herein provided, and registrars and inspectors shall have been elected or appointed to the election districts as altered, the City Clerk shall transfer from' the old register or registers into the new registers provided for the new districts the names of such electors as shall at the time reside in such new districts, and mark out the same in the old register or registers in the same manner as herein provided in the case of removals. Election Booths: Sec. 3. The Common Council shall provide suitable places for holding registrations and elections in each election district, according to such specifi- cations as the Election Commission shall furnish, which places shall be known as election booths. In drafting the specifications for the construction and interior arrangement of the election booths, the Election Commission shall specify and' the Common Council shall provide such compartments therein, of which there shall be at least one in each election booth for each one hun- dred electors entitled to vote therein, as shall secure complete secrecy to each elector when marking his ballot, which compartments shall be known as voting stalls. Election booths to be used in any election shall be located before the publication of the notice, herein required, of the sessions of the several Boards of Registration for that election. Board of Registration : Sec. 4. The three Registrars of Election of each election district shall con- 12 CITY CHARTER— CHAPTER II. stitute the Board of Registration of Electors therein. The person receiving the highest number of votes for registrar in any election district shall be the Chairman of the Board of Registration of that district. Sessions of Boards of Registrars: Sec. 5. On the third Monday of September and the following Tuesday and Wednesday in the year nineteen hundred and sixteen and every fourth year thereafter, on the third Monday of September and the following Tues- day in the year nineteen hundred and fourteen and very fourth year there- after, on the first Wednesday of March in the year nineteen hundred and fifteen and every second year thereafter, and on such other day preced- ing any special election as may be required by law, the Boards of Registration shall be in session in their respective election districts at such places as shall be designated in the notice of registration to be printed by the City Clerk as herein provided, from eight o'clock in the forenoon (central standard time) until nine-thirty o'clock in the evening (central standard time) without inter- mission. Their sessions shall be public. General and Supplementary Registrations : Sec. 6. On the third Monday of September and the following Tuesday and Wednesday in the year nineteen hundred and sixteen and every fourth year thereafter there shall be a new general registration of all the electors in the several election districts. Such registration shall be made in the registers of electors for such district* and shall be of the names of all persons at the time residing in such districts and qualified as electors therein according to the provisions of the constitution and as herein provided. At all other sessions of the Board of Registration in each election district, except as herein other- wise provided, there shall be a supplementary registration of such electors as have not been registered at the preceding general registration. Register of Electors : Sec. 7. On or before the day in each year when the new general registra- tion of electors is required to be made the City Clerk .shall procure and have in readiness a book for each and every election district in the city for the registration of electors therein, and it shall be styled "The Register of Electors" for such district. Each register shall be made of good and suitable paper and substantially bound and contain space and ruled lines for at least twelve hundred names and be arranged and ruled in parallel columns with printed headings, in the following order: Number (consecutively); full name ; residence ; age ; term of residence in state and ward ; nativity ; natur- alized; declared intention prior to May fourth, eighteen hundred and ninety- two; date of registration; sworn; remarks; and the ruling and heading on each page of the register shall be according to the following diagram enlarged : CITY CHARTER— CHAPTER II. 13 UJOAig iS'^v' IiB uoi;u3iui pajEpaa V, V ^ O Natur dared becom priori p^ztIRjnic[sI U.ttOUJl J I JO UMOJ^ ^ UMOUJl J! ■> aouiAOJd Ju ■« AJo»uJai ^ JO aiuig 1 ! Aj^unoQ 1 j 1 £ 3 » 1 No. ' Full Name Residence " • 14 CITY CHARTER— CHAPTER II. Qualification for Registration : Sec. 8.. Every male person who is or at the next election in the city of Detroit will be entitled to vote therein, on personal application in the election district where he lawfully resides, and complying with the requirements herein, may be registered as an elector therein, but not otherwise. No person shall be registered as an elector at any other time or place than those which are herein designated or otherwise provided by the laws of the state. Every applicant who has commenced to reside' in such ward and who has resided therein a sufficient number of days with those that may intervene between the date of application and the next election to make twenty days, may be entered in the register if he be actually a resident of such district and other- wise qualified. But in such case the Board of Registration shall enter in the column of "Remarks" the word "challenge," and unless on the day of elec- tion he shall have resided for full twenty days in such ward and is then a resident of such district, such applicant may not vote therein, although otherwise qualified. Examination of Applicants : Sec. 9. The District Board of Registration, having openly and publicly met at the time and place herein appointed, shall proceed as follows ; They shall examine each applicant as to all such matters as are required to be entered in the register of electors. The applicant shall make truthful answers to all such questions. The board may employ an interpreter, if they deem it necessary, who shall be sworn truly and impartially to interpret all such questions and answers, and it shall' be the duty of the board, on the demand of any of them or of any elector who shall be present, to administer to all persons who shall personally applj^ to register the following oath or affirma- tion : "You do solemnly swear (or affirm) that you will* fully and truly answer all such questions as shall be put to you, touching your place of residence, name, place of birth, yoiir qualifications as an elector and your right as such to register and vote under the laws of this state." Either of the Registrars of Election may administer the oath to the applicant and the oath to the interpreter, if one be employed. If it shall be determined by the ijoard that he is a qualified elector in such district, then he shall be registered in the register, and the proper entries made in the respective columns, and if any elector present so demands, the board shall enter the word "chal- lenge" in the column for remarks. Form of Entries in Register: Sec. 10. The register shall be ruled and one name shall be written on each line, but no name shall be written between lines. In entering the number of the applicant, the numbers shall be filled up consecutively, leaving no blank. and in entering the name the board shall include his given name in full, as well as his surname. The names shall be entered consecutively and num- bered in the order in which the applicants apply to be registered. The other entries shall be as follows : First. In the column headed "names," the name of the applicant, writing the surname first and the given name after. Second. In the column headed "residence," the name of the street, avenue and number of the dwelling, if there be a definite number, and if there shall not be a number or name, such clear and definite description of such place CITY CHARTER— CHAPTER II. 15 and dwelling as shall enable it to be readily ascertained. If there shall be more than one house at the number given by the applicant as his place of residence, he shall state in which house he resides, and if there be more than one family residing in the house he must state either the floor on which he resides or the number and location of the room or rooms, occupied by him, whether front or rear. Every floor below the level of the street or ground shall be designated as a basement, the first floor above such level being designated as the first floor. _ _ _ Third. In the columns headed "term of residence" and their subdivisions, the periods by day, month or year stated by the applicant for which he has resided in the state and ward. Fourth. In the columns headed "nativity," and their subdivisions, first, the country, second, the state or province, or territory, and third, the town or city, when known, where the applicant was born. Fifth. In the column headed "naturalized" the word "yes" if the appli- cant be a naturalized citizen. Sixth. If the applicant be not a native born citizen and is not a natural- ized citizen, but has declared his intentions to become a citizen two years and six months before the eighth day of November, eighteen hundred and ninety-four, in the column headed "declared intentions," enter "yes." Seventh. It shall not be necessary to enter under the headings of natural- ized or declared intention, any entry as to any elector except only such per- sons as have become entitled to vote by reason of naturalization, or a declara- tion of intention, made two years and six months or more before the eighth day of November, eighteen hundred and ninety-four. Eighth. In the column headed "date of registration," the date on which the applicant was actually registered, and none other. Ninth. In the column headed "sworn," will be entered the word "sworn" (or "affirmed") if the applicant is required to take an oath of affirmation. Close of Register : Sec. 11. At the close of each day's registration, the registrations for the day shall then be ruled off by double lines to be drawn by the registrars across the page in ink and immediately under the last name and statement so registered; and the registrars shall make a note under such double lines, stating "close of first, second and so forth, day's registration," and attest the same by the signature of any member of the board. Custody of Registers : Sec. 12. The register of electors of each election district shall be placed in charge of such member of the board at the end of each day, as the board shall designate, and at the close of the session on the last day of registration shall be deposited in the ofifice of the City Clerk. When not in the official use of the registrars or other persons lawfully entitled to the use and custody thereof, the registers of electors shall at all times be deposited and locked up in the ofifice of the City Clerk, but subject to be produced for inspection at all proper times. Removal Certificate : Sec. 13. In addition to the other questions, which shall be put to appli- cants desiring to be registered, the board shall require such applicant to 16 CITY CHARTER— CHAPTER II. answer, under oath, as to whether he has been registered in any other district of the city, and if it appears that he has been so registered, they shall decline to enter his name on the register until he shall produce a removal certificate, as herein provided. Any elector who, being duly registered in the district where he then resided, shall remove into another district in the same city, may applv in person to the registrars of his previous district for a removal certificate, and the same shall be made and signed by them, certifying his registration, with all its particulars, as shown on their registers, and adding his statement of the new residence and district to which he has removed. They shall then immediately cancel his registration on their registers and list of electors by drawing double lines in ink through the same and noting his removal, and the ward and district to which he has removed in the column of "remarks," but such note must be subscribed in the register by one of the registrars. When by mistake a qualified elector has caused himself to be registered in a district which was not his place of residence, the registrars therein, on full and satisfactory proof that such error was committed by mis- take, and without fraud or any unlawful intent may, on his personal applica- tion and proof of his true residence, give him a similar certificate as in case of removal, and cancel his registration in the same manner on their registers and list of electors. The certificates in case of removal, or mistake so granted, shall, if presented in due time to the registrars of the district where such person so certified lawfully resides, and proper proof thereof made to them, entitle such persons to be registered therein as herein provided. But in all cases where registration is madte upon certificates from the Board of Registra- tion of other districts, such certificates shall be retained by the board to whom it is presented and returned by them to the office of the City Clerk. Such certificate, in order to be of any validity, shall be signed by at least one of the registrars of the district in which the registration is first made. No person shall be registered upon production of any such removal certificate unless and until he shall have satisfied the Board of Registration, to whom he shall have presented such certificate, that he is a qualified elector and entitled to be registered in such district, and such removal certificate shall not be deemed evidence of his qualification as an elector in such district. In cases of special elections held in any ward or wards, and not in the city generally, removal certificates shall be made and issued by the City Clerk, and he shall perform the duties in such case provided to be done by the reg- istrars of the district from which the applicant shall have removed. Lists of Registered Electors : Sec. 14. At the close of the general registration on the last day of the sessions of the Board of Registration of each election district, the board shall make out in books to be prepared, furnished to them by the City Clerk, a list of all the registered electors in their district, whether registered by them or by any preceding board, as herein provided, arranged alphabetically in the order of their surnames, followed by their full given names, residences, and ages, as registered, and the registered number of each prefixed, and any entries in the column of remarks set opposite any names. The books to be prepared for this purpose shall be ruled in column's with printed headings, as follows, viz : Registry number name '. . . residence age voted ; sworn voted sworn remarks These lists shall be carefully compared by the registrars of each district with CITY CHARTER— CHAPTER II. ^^ the registers thereof, and they shall attach thereto a certificate as follows : 'we the undersigr^ed. members of the District Board of Registration o Electors in district ward of the Cty of Detroit/do certify that the foregoing list is a true and correct copy ot the names/ages, residences, and registry numbers, and of any entr>- m the colum; o1 'remarks' opposite such names on the registers o said district of al persons who have been registered as residents and qualified electors m said district Dated this day of , in t'^e y^^' nttein hundred and " which certificate shall then be signed by all the members of the board and such list shall be de ivered, togethei with the register of electors of the district, to the City Clerk for use by the Hoard of Inspectors at any election requiring the same until a new list be made at the next general registration. The list herein described and pro- vided shall be known and marked as the "Election List of Electors for the district, ward (naming the district and ward). Completion of Lists : , , < Sec 15 At the registration in the fall of the year nineteen hundred and fourteen and every fourth year thereafter, and at the registration made m the spring of the year and at any registration preceding a special election, the Board of Registrars shall review and complete the list of registered electors by adding thereto the names of any qualified electors registered by them, the names to be entered in the same manner, and a like certificate to be annexed thereto as is required as herein provided to be made by the regis- trars at the general registration. Supplementary Registrations : Sec 16 At any suplementary registration, the Board of Registration in each election district shall review and complete the list of the qualified electors therein. Such registration shall be made in the "Register of Electors for such district and shall be made in the manner provided herein tor a gen- eral registration of electors. And all the provisions of law in relation to receiving applicants for registration, and for the registration of such appli- cants shall be held applicable to and govern the supplementary registration. On reviewing the list of electors appearing upon such register, if it shall be known to the board that any person whose name appears therein is dead or has removed from the city, they shall enter the word "dead" or^^ removed from the city" opposite such name in the column headed "remarks, and they shall further draw a line in red ink through such name. They shall also opposite such entry in the column of "Remarks," enter the date of entry 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. Correction of Erroneous Entries : Sec 17 If it shall happen that an entry of death or removal from the city shall have been erroneously made at a supplementary registration and such person shall thereafter appear and claim the right to be again registered, he may be registered by the Board of Registration, in the same manner as though his name had never been erased, or if he shall appear at an election and claim the right to vote thereat, his name may, on his application, be again 18 CITY CHARTER— CHAPTER II. registered upon the following terms : he shall upon his examination on his oath or affirmation, which any member of the Board of Inspectors may admin- ister, declare that he is the identical person whose name was so registered and erased and that he is a qualified voter ^nd entitled to vote. 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 herein described, by a member of the Board of Inspectors, and by its order the proper entries be entered in the proper register, under the appropriate head- ing and the name and residence of such person entered in the list made by the Board of Registration for the use of the Board of Inspectors as herein l^rovided. 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 one of the Board of Inspectors. If such applicant shall affirm 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 in the register that any person is dead or 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 misdemeanor, be punished as such, and be forever disqualified from acting thereafter as a registrar, inspector or clerk in any registration or election. The 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, shall be prima facie evidence of his liability. Entries Made in Ink: Sec. 18. All entries in the registers of electors and in the election lists of electors shall be made in ink, and no registrar shall write or make any entry therein, or allow any other person to do so, except the same be permitted by law, and no other person shall make entries or mark whatever therein, except Inspectors of Election, as provided herein, or as may be provided by the statutes of the United States. Special Registration : Sec. 19. In case the register of electors for" any district shall be lost or destroyed, or so mutilated that the same cannot be used, the Common Council may direct the Board of Registration of such district to make a new general registration of the electors therein at their session held as provided herein, prior to any election. Any such new registration shall be made in the manner provided herein for a general registration of electors, and an election list of electors shall be made by the registrars, in like manner as they are directed to be made in the case of a general registration. Public Inspection of Registers and Lists : Sec. 20. The registers of electors and the election lists of electors in the office of the City Clerk shall at all times be open to public inspection without charge. On the demand of any qualified elector of the city, the City Clerk shall, on payment or tender of his legal fees, make out, certify, and at his office deliver to such elector a true copy of the contents of any register of electors of any district of the city, for which he shall be entitled to receive compensation at the rate of twenty-five cents for everv one hundred names. CITY CHARTER— CHAPTER II. 19 Stationery, Supplies, Etc. : Sec. 21. At the opening of the sessions of the board for any registration, there shall be delivered to the Board of Registration in each district the reg- ister of electors and the election list of electors for such district, by the officers having custody thereof, and the City Clerk shall procure and furnish all the necessary blanks, and he shall also keep on hand in his office blank affidaxits and certificates required or provided herein to be made. He shall also procure and furnish all necessary books, stationery, blanks, seals, pen- cils or stamps required herein for the use of Inspectors of Election or electors in preparing their ballots. All books, blanks, printing, stationery, and so forth, required herein to be furnished by the City Clerk, shall be procured by him at the exj^ense of the city, and the bills and claims therefor shall be audited and allowed by the Common Council. Public Notice of Registration : Sec. 22. At least seven days previous to the commencement of any ses- sion of the District Board of Registration, the City Clerk, at the expense of the city, shall cause a notice thereof to be printed and published in such daily newspapers as may be deemed necessary, which notice shall be published not more than three times in each newspaper. Registration of Women : Sec. 23. Any woman having the qualifications of male electors, shall be registered on personal application to the Board of Registration in the election district in which she resides, and on all occasions prescribed for male electors. Such -registration shall be in a separate register of the form herein prescribed, with an additional column headed "taxpayer," in which the word "Yes" shall be entered if she be a ta.xpayer, and all provisions of the charter so far as they may be relevant, shall apply to and govern such registration. The names of women who may be registered shall be entered on a separate elec- tion list of female electors. Last Day of Registration : Sec. 24. On the secular day next preceding each regular election, the registrars at each and every election district shall meet at two o'clock in the afternoon (central standard time) at the polling place appointed for holding elections therein, and therein remain in session until nine o'clock in the evening (central standard time). Such meetings shall be held for the pur- pose of receiving and acting upon any application for either granting or receiving certificates of removal, and for the purpose of correcting an)' mis- takes as herein provided, and for the purpose of registering qualified electors who may have been absent from the city or sick on the days appointed for registration as herein provided. No new names shall be placed on the regis- ter at such meeting, except upon certificates of removal from some other districts, or of electors who may have been sick or absent, as herein provided. If any material error or mistake in the description of any elector in any district has been discovered, he may appear at the meeting and on good cause being shown the registrars may then correct the same ; but any change in the register which shall be allowed by the registrars at such meeting "shall be immediately noted by them in the register and also in the election list. If not then therein so noted it shall be whollv null, and disregarded bv the 20 CITY CHARTER— CHAPTER II. Inspectors of Election. At sucii meeting the board may register any quali- fied elector of the district upon the personal application of such person, whom they may require to state in writing that he was absent from the city on all days appointed or allowed for the registration of electors immediately pre- ceding the election, specifying the same and the business in which he was engaged, or that he was sick, and by reason thereof was unable to attend the sessions of the Board of Registration of the district aforesaid, for the regis- tration of electors, which statement shall be subscribed and sworn to by the applicant before one of the registrars, each of whom shall have authority to administer such oaths. The registrar shall require the applicant to answer under oath all proper questions which it shall be necessary to put, touching his residence and other qualifications as an elector of the district in which he asks to be registered, and such other matters as are required to be entered in the register. If satisfied that the applicant is a resident of the district, and that he is qualified to vote therein, but not otherwise, the registrars shall enter the applicant as registered in the register and in the election list of electors. The registrars may at such meeting register upon certificates of removal any elector then resident of the district, in the same manner as herein provided for registration of like applicants on the days appointed for holding of the other sessions of the board. At such meeting held under the provisions of this section, any elector may appear and challenge the vote of any person named in the register of the district, and the word "challenge" shall be immediately entered by the registrars opposite the name of such person in the list of electors. Police Powers of Registrars : Sec. 25. All registrars, while exercising their office hereunder, or under any other law regulating registrations, shall have and exercise all such powers for the proper registration of electors as may be necessary and are like to the powers possessed and exercised by Inspectors of Election in the exercise of their office, as herein provided. CITY CHARTER— CHAPTER III. 21 CHAPTER III. ELECTIONS General City Election: Sec. 1. The City of Detroit shall hold a general election on the tirst Mon- day in April in the year nineteen hundred and fifteen and every fourth year thereafter, an intermediate city election on the first Monday in April in the year nineteen hundred and seventeen and every fourth year thereafter, such special city elections as may be called in accordance with the provisions of this charter, and such other regular and special elections as may be required by the general laws of the State. Qualified Electors: Sec. 2. ■ No person shall be considered a qualified elector of the city of Detroit or be permitted to vote unless he shall be a resident of the district and he shall have resided in this state six months next preceding the election, and in the ward twenty days next preceding the election, and shall possess the other qualifications specified in the constitution of this state. In deter- mining the residence of a person oflfering to vote or to register, registrars and inspectors shall be governed by the general laws of the state, which shall be compiled by the Election Commission for their use. No person shall be deemed or held to have acquired a legal residence in any ward or election district for the purpose of voting therein at any election therein, unless he shall have caused himself to be registered as an elector in that district, in the manner and at the time herein prescribed ; nor shall any ballot be received by the inspectors at any election on any pretense whatever, unless the name of the person offering such ballot shall have been entered in the register of the district in which he claims to vote as herein provided. Board of Inspectors : Sec. 3. The three Inspectors of Election and the three Registrars of Elec- tion in each election district shall constitute the Board of Inspectors of Elec- tion therein. The Board of Inspectors shall appoint two clerks of election and a gatekeper who shall take the same oath as the inspectors, which oath either of the inspectors may administer. The chairman of the Board of Reg- istration in any election district shall be the chairman of the Board of Inspec- tor= of Election of that district. Organization of Board of Inspectors: Sec. 4. On the secular day next preceding any regular or special election, the three Registrars of Election and the three Inspectors of Election for each district shall meet at the election booth therein, punctually at eight o'clock in the evening (central standard time), and then and there organize as a Board of Inspectors of Election, and they and their successors in office shall constitute the Board of Inspectors for such district. They shall at this meet- ing make all necessary arrangements for the proper accommodation of them- 22 CITY CHARTER— CHAPTER III. selves and the clerks of election in receiving and calling ballots at the ensuing election, and for the witnesses and challengers designated as provided by the general laws of the state, and at such meeting they shall appoint such clerks of election for the ensuing election as may be allowed. Election Commission: Sec. 5. The City Clerk, the City Treasurer and the Corporation Counsel shall constitute a board to be known as the City Election Commission. Any two members shall constitute a quorum. They shall choose their own chair- man and secretary, and shall severally receive such compensation " for their services at each election as the Common Council may determine. School of Instruction : Sec. 6. The Election Commission shall, as often as it may deem necessary, conduct a school of instruction of registrars and inspectors. The purpose of such school shall be to assist the registrars and inspectors in becoming more proficient in their duties. The registrars and inspectors who attend such school of instruction shall receive at least two dollars each for actual attendance at the school for such time as the election commission may deem necessary. Notice of Election : Sec. 7. At least seven days before any election the City Clerk shall give notice thereof in such daily newspapers in the city as may be deemed neces- sary. This notice shall be published not more than three times in any one newspaper, and shall specify the officers to be chosen, the day on which the election is to be held, the time for opening and closing the polls and all other matters to be voted on at such election. Nomination by Petition: Sec. 8. Nomination for each and every city, ward or election district elective office shall be by petition. The petition of nomination shall contain not less than five hundred individual signatures for the office of Mayor, two hundred for each other candidate at large, one hundred for each ward can- didate and the signature of the candidate for each election district office. The City Clerk, upon application, shall furnish a reasonable number of forms of such petitions. All petitions shall be of uniform size as determined by the City Clerk. Each petition must contain the name of one candidate and no more. In case an elector has signed two or more conflicting petitions, all such conflicting signatures shall be rejected. Form of Petition : Sec. 9. Any petition of nomination, except the petition of a district can- didate, may be on several sheets, all of which shall read substantially as follows : CITY CHARTER— CHAPTER III. 23 NOMINATION PETITION. State of JNIichigan, County of Wayne, City of Detroit, ss. I do hereby join in a petition for the nomination of , whose residence is at No Street, Detroit, for the office of , to be voted for at the municipal election to be held in the City of Detroit, on the day of 19 ; and I certify that I am a qualified elector, and am not at this time a signer of any other petition nominating any other candidate for the above named office ; I further certify that I join in this petition for the nomination of the above named person, believing that he has not become a candidate as the nominee or representative of, or because of any promised support from, any political party, or any com- mittee or convention representing or acting for any political party. Name Street and No Ward State of Michigan, County of Wayne, City of Detroit, ss. being first duly sworn, deposes and says that the signatures hereto attached are of qualified electors of the City of Detroit and of the ward named, to the best of affiant's knowledge and belief. (Signed) Subscribed and sworn to before me this day of , A. D. 19 My commission expires Notary Public. Above affidavit to be printed and executed on the back of each sheet. The petition of nomination, of which this sheet forms a part shall, if found insufficient, be returned to at No Street, Detroit. The petition of nomination of any district candidate shall read substantially as follows : PETITION OF NOMINATION. State of Michigan, County of Wayne, City of Detroit, ss. Please take notice that I, , residing at No. Street, in the City of Detroit, County of Wayne, and State of Michigan, am a candidate for the office of in the district of the ward of the City of Detroit, and as such file this petition and hereby request that my name be placed on the city ballot at the election to be held on the day of , 19 Filed 19 City Clerk. Date of Presenting Petition : Sec. 10. The petition of nomination for any candidate shall be presented to the City Clerk not earlier than sixty nor later than thirty days before the elec- tion. The City Clerk sfitll endorse thereon the date upon which the petition was presented to him, aMd by whom presented. 24 CITY CHARTER— CHAPTER Ml. Filing of Petitions: Sec. 11. If the petition of nomination be found sufificiently signed, the City- Clerk shall notify the candidate named therein and, on receipt of the fee pre- scribed, shall file the same forthwith. Thereupon the candidate shall be deemed nominated. Each candidate shall deposit with the City Clerk a fee or sum of mone}- which shall be returned to such candidate if he receives a vote in excess of five per centum of all votes cast for the office which he contests, and not otherwise. The fee deposited by each city candidate shall be fifty dollars,, that by each ward candidate ten dollars ; but no fee shall be required of district candidates. Withdrawal or Acceptance : Sec. 12. Any person whose name has been presented as a candidate, may, not later than fifteen days before the election, cause his name to be withdrawn from nomination by filing with the City Clerk a request therefor in writing, over his own signature, duly attested by a Notary Public, in which case the fee deposited by him shall be returned to him. and no name so withdrawn shall be printed upon the ballot. Any person nominated hereunder shall file his acceptance with the City Clerk, not later than twenty days before the day of election, and in the absence of such acceptance, the name of the candidate shall not appear on the ballot : but this provision shall not apply to district candidates. In case of the known death of a candidate before the printing of the ballots, the name shall not be printed. Form of Acceptance : Sec. 13. The acceptance herein required shall be substantially in the follow- ing form : St.\te of Michigan, County OF Wayne, City of Detroit, ss. I , having heretofore been nominated for the office of in this city, do hereby accept the nomination. and I have not become, and am not a candidate as the nominee or representative of, or because of any promised support from any political party, or any committee or convention or organization representing or acting for any political party. (Signed) Subscribed and sworn to before me this day of A. D. 19. ., My commission expires Notary Public. Preservation of Petitions, Etc.: Sec. 14. The City Clerk shall preserve in his office, for a period of four years, all petitions of nominations, and all certificates, acceptances, and rejections belong- ing thereto filed hereunder. Certified List of Candidates: Sec. 15. The City Clerk shall on the tenth day before every city election, certify a list of the candidates so nominated for office at -such election, whose names are entitled to appear on the ballot, as being th^ list of candidates nom- inated as required by this charter, together with the offices to be filled at such CITY CHARTER— CHAPTER III. 25 election, designating whether such election is for a full or unexpired term : and he shall file in his office the certified list of names and the offices so to be filled. Form of Ballot: Sec. 16. The City Clerk shall cause ballots for each city election to be printed in form as herein prescribed. Each ballot shall contain the full list and names of all respective offices to be filled, and the names of the candidates nominated therefor. All names of candidates for the same office shall be set one below another at three-eights of an inch apart and the columns for first, second and other choices shall be three-eights of an inch wide. Whenever there shall be four or more candidates for any office, the ballot shall contain under that office divi- sion at the right of the names of the candidates three columns for first choice, second choice and other choice votes respectively. Whenever there shall be three and not more candidates for any office, the ballot shall contain under that office division only the first choice and the second choice columns at the right of the names of the candidates. Whenever there shall be less than three candidates for any office, all distinguishing columns as to choice and all reference to choice may be omitted. In the case of district candidates, all distinguishing columns as to choice and reference to choice shall be omitted; but one column shall be pro- vided at the right of the names of the candidates for the recording of the elector's vote. One space shall be left below the printed names of the candidates for each office to be voted for, in which the elector may write the name of any person for whom he may wish to vote. The ballot shall be the non-partisan ballot, substantially in fonn, with the cross (X) omitted. (See attached copy-cif ballot.) Requirements of Ballots : Sec. 17. All ballots printed shall be identical, so that without the serial num- bers thereon it would be impossible to distinguish one ballot from another except as herein otherwise provided. In printing each set of tickets for the several elec- tion districts, the position of the names shall be changed in each office division, as many times as there are candidates in the office division in which there are the most names. As nearly as possible an equal number of tickets shall be printed after each change. In making the changes of position, the printers shall take the line of type at the head of each office division and place it at the bottom of the division, and shove up the column so that the name that before was second shall be first after the change. Nothing on the ballot shall be indicative of the source of the candidacy, or of the support of any candidates. No ballot shall have printed thereon any party or political designation or mark, and there shall not be appended to the name of any candidate any such party or political designa- tion or mark, or anything indicating his views or opinions. When any charter amendment or other question is to be submitted to the electors in the city as herein provided or as provided by state law, it shall be printed upon the ballot imme- diately following the names of candidates for office except as otherwise provided by law. The proposition shall be stated and followed by the word "Yes" oppo- site which shall be placed a square, and then repeated, followed by the word "No" and a similar square. Any elector desiring to vote affirmatively or negatively may put a cross in one of the squares, and the ballot shall be counted affirmatively u X u 1> E 0) o d a> 2 O 1 O 1 u ||IIXI a o --- 3^ s e 0) K DIE v a o a CIS 3 ei H 1 Din a> •a 4> (0 c o ca O a o u CU > 4-) CO c o CO O a 0U 3 T3 C « hi c S C (U JC u o a> X n n Cfl bO o D D n O •« -is o Q : (J s. D D ^ 0) o D n n D n Xi o d o Q W s n n o o n n n ■^ 2 8 O o - i D D CO d IH o PQ □ o o »-] IH Ol n s 0) o » l-l d D D b 1 Q D D o d W D D 12 CO cd O "3 OS u D D u CO 4> D D D D D D CO d a CO o w OFFICIAL BALLOT General (or Special) Municipal Election CITY OF DETROIT WARD,-^ -ELECTION DISTRICT (H«M follow* tbo date ol the eleedoa) h CITY TICKET Vote your secoai choice in Che second square the nun you select as your second choice. You con vole only one first choice and only one second chi one office. Vote (or other candidnles for ihe samu office by marliinc jn X tfairdaquaie at Che right of the tnan's name. Che right of the DAOie of for any Remcmbet'that you cannot voce more than QOce for the same mui, aa only one choice will count for any one candidate. £ for all the candidates for any office. Vou cm vote for all of them but one. You can write in (he nai on the ballot, and the name si If you HTongly mark, I fur the r. the proper pla hat if your b.iUol has any murks of nay candidate whost name is ooC printed xiCCcn in will be oounicd as your first choice, deface Chis ballot, return it and gel another, wOl MAYOR (One to be elected) Chok* Second CboU* Otbti Ctaolcii John Doe D D E James Dee S D D Louis Sha D S D Joe Jones D D S Richard Roe D D D D D D CITY CLERK (One to be elected) CllOiCB SMond CholM Olh»f Choice* George Brown IHl D D Harry Jones 'D E D Fred Smith D D D Charles E. Taylor a D S n D D CITY TREASURER (One to be elected) Plni Stcand Cbolcc cZ". Thomas Bailey D D Philip Browoell D D Alfred Simonson D D D Eric Ericson m D D n D n Justice of the Peace (Two to be elected) FlPrt Cbolts SMoad CbolM Olbor ChOlCOl Borden Masters D D s Pierre Lonyo D D s Arthur Holwell [U D D Daniel O'Hara D D Hugo Darnell D D S Michael Cassidy D lEl D Hermann Schmidt D D S Henry Cosmus n D, D n D D POLICE JUSTICE (One to be elected) Cholu SKoad Cholc* other Choloe. Harvey Thomas D D m Moses Angel D D o Dabney Jones D n Amos Stone D D s Herbert Walker D D a WiUiam Johnson D E Howard Smith D D s n D n RECORDER (One to be elected) Pir.t Choice Second Choice oth« Choice. Roscoe Dean D s n Patrick O'Flynn D n n James Cudworth S D D Jay Blaine D D s D D D Judge oC liie Recorder' Court (One [0 be elected) Firtl Choic. S«ODd Cholc other Cholcee Samuel Johnson D D D D John Smith S D Moses Cambden D S D Vance Ingalls D D S D D D ALDERMAN (One to be elected) F.r.1 Choke Cholco Chokee Joe Jay s D n Robert White D D n Harry Donavin D S D John Moore D D B D' D D CONSTABLE (One to be elected) Choke Seojrid ChglHi Amory Train D D s Walter Bradford \E\ D n Noah Webster D n n Charles Dunston D s n D n D School Inspector (One to be elected) c'Si S«OQd Other Choice! Norman Gaines D IE D Peter McCosh S D D Benjamin Dodge n □ D George Burt D D n D n INSTRUCTIONS Three registrars and three inspectors of eleelion are I" t>c elected. You can vote (or only two registrarsand for only tn-oiaspeclors. Vote for the two candidates you like best for liich office by marking an X in the square at the riRht nf Che name of each. Remember thai if you vole tor more than two dates tor inspector, none of your vote* for these offices will be counted. Registrar of Electors (Three to be elecled) twtOalt James Henry □ George Blue s Charles Green n Jacob Klein s D Inspector of Electioni (Three lo be elected) Vole for TnOob Heinrich Ehlers s William Stone D Carl Taylor [HI Joseph Jenkins 1 D 1 i D Here follow Charter Amendments, Referendum Propositions, Initiative Propositions CITY CHARTER— CHAPTER III. 27 or negatively, according to the place in which the elector shall make such cross. The forms shall be set up with the names of all candidates for each office arranged alphabetically, in order according to surnames. Sample Ballots: Sec. 18. The City Clerk shall, at least five days before the election, cause to be printed not less than one thousand sample ballots, upon paper of different color, but otherwise identical with the ballot, to be uSed at the election, and shall distribute the same, as samples upon request to the registered voters at his office. Penalty for False Ballots : Sec. 19. No person who shall print the ballots for the election of city officers, or other person, shall give or deliver to, or knowingly permit to be taken, any of the ballots by any person or persons other than the Election Commission, or print or cause to be printed any ballot in any other form than the one prescribed herein, or with any other name thereon, or with the name misspelled, or the names thereon arranged in any other way than that authorized and directed by the Election Commission. A violation of this section shall be deemed a misde- meanor and be punished accordingly. No person shall print, issue, distribute or circulate in the city, or request or cause any other person to print, issue or cir- culate, or request any elector to vote any ballot, or vote any ballot, except such ballot for the election of city officers as shall have been printed under the authority of this charter, or any counterfeit or imitation of such ballots, and intended or adapted to mislead or deceive, and any person so oftending shall on conviction thereof be punished by a fine, not exceeding five hundred dollars or less than one lumdred dollars, and by imprisonment in the Detroit House of Cor- rection not more than ninety days or less than thirty days, or by both fine and imprisonment. Supply of Ballots : Sec. 20. The Election Commission shall provide a sufficient nuniljer of bal- lots to the Board of Election Inspectors in each election district. The necessary nuniber of ballots shall be wrapped and tied in packages and securely sealed with ^\•ax,and the Chairman of the Election Commission, or some other member thereof authorized by them, shall make and sign a certificate setting forth the number of ballots in such package, and that such ballots were packed and sealed under his personal supervisibn, which certificate shall be securely attached to the pack- age, and for the safe sealing of such ballots the commissioners shall provide tlremselves with a seal of such design as they may deem proper. These pack- ages shall not be opened until delivered to the Board of Inspectors of the proper district, which shall be designated on the package, when the board shall be fully organized and ready for the reception of votes as herein provided. Ballot Boxes: Sec. 21. The City Clerk shall provide all ballot boxes required to be used at any election, to wit, for each election district one box for the ballots for city offices at any city election ; one box for the ballots for other than city offices at any county, state or national election ; one box for the ballots of female electors when deemed necessary ; one box for the separate ballots for city propositions, when such are submitted ; and one •box for the ballots for other propositions than city propositions when such are submitted. Such ballot boxes shall be provided 28 CITY CHARTER— CHAPTER III. with double covers, one inside the other, hinged and each with a lock and key and with an opening of the proper size to admit a single closed ballot into the box. The Commissioner of Police shall be custodian of the ballot boxes except when in use in elections. He shall keep them in good and suitable condition and prior to every election he shall see that the proper boxes are ready for use. Delivery of Ballots, Books, Etc. : Sec. 22. The Commissioner of Police shall on the day before election apply to the Election Commission for the city ballots, and to the Board of Election Commis- sioners of the county for the ballots prepared by them, for use in the city, and these boards shall respectively deliver the same to him and he shall receipt there- for. He shall also receive from the City Clerk the necessary books, seals, blanks, stationery and so forth, and by safe and trusty messengers deliver the same to the respective Boards of Inspectors of Election at the polls at which they are intended to be used. He shall in like manner procure the necessary books, blanks and stationery and deliver the same to the respective Boards of Registration at their several sessions. He shall take a receipt from the Chairman of the Board of Inspectors for the number of ballots delivered to the board as indicated in the certificate of the Election Commission thereto attached. Elector's Procedure in Election Booth: Sec. 2Z. The gate of the election booth shall be in charge of the gatekeeper duly sworn to allow no person to pass through it and enter the railing, except to vote or by direction of the Board of Inspectors. No other person except such as the Inspectors are required to admit within the inclosure where they may sit, shall be allowed inside of the railing except to vote or to assist an elector in the preparation of his ballot as herein provided, and by direction of the inspectors. As soon as an elector has voted he shall retire without and shall not again be admitted within the railing. Only as man}- electors as there are voting stalls shall be allowed within the railing at one and the same time, and the electors shall be admitted in the order in which they shall apply. When an elector offers his vote, he shall approach the railing which incloses the place in which the inspectors may sit and over the same deliver his vote to the inspector authorised to receive it. No person shall be permitted within the inclosure within which the inspectors sit except by order of the Board of Inspectors, except such persons as the board is by the laws of the city and state directed to admit within the inclosure. Opening and Closing of Polls: Sec. 24. The polls of the election shall be open at seven o'clock in the fore- noon (central standard time), and shall be continued open until nine o'clock upon the evening of the same day (central standard time), and no longer, except as herein otherwise provided, nor shall an adjournment or recess be taken from the opening of the polls until the canvass shall have been completed and the returns made and signed, and delivered to the proper inspectors as herein provided. Opening of Ballot Package : Sec. 25. At the opening of the polls after the organization of and in the presence of the Board of Inspectors, one of the inspectors shall open and turn upside down each ballot box, delivered to the board, so as to empty it of any- thing that may be therein. The board shall also ofifer to such persons a^ may CITY CHARTER— CHAPTER III. 29 be present the privilege of examining tlie same in their presence. Thereupon the board shall lock each ballot box and the keys thereof shall then be held by one of the inspectors until the opening of the ballot boxes for the counting of the ballots, nor sliall the boxes be opened until the counting of the ballots. In a similar manner at the opening of the polls one of the inspectors shall in the presence of the board open the package of ballots in such manner as to preserve the seal intact, and if possible the certificates attached thereto; he shall then deliver to one of the inspectors, to be designated by the board, fifty of the ballots, and shall have placed at least two German blue pencils for marking the ballots in each of the voting stalls. Tlie inspector so designated shall at once proceed to write his initials in ink on the upper left-hand corner of the back of each of these ballots in his ordinary handwriting, and without any distinguishing mark of any kind. As each successive elector calls for a ballot, another one of the inspectors shall deliver to him the first signed of the fifty ballots, and as the supply of ballots in the hands of the inspector shall decrease, additional ballots shall be signed by the same inspector or by another designated for the purpose, so that at least twenty-five ballots so signed shall be at all times in the hands of the inspector delivering the ballot to the elector. Depositing of Ballots: Sec. 26. No ballot shall be deposited in the ballot box until the name of the ' elector offering it and his residence shall first have been stated by him and announced aloud by the inspector holding the ballot, and until the name shall have been found on the election list of electors and so announced by the inspector holding such list. Every ballot shall be put into the ballot box by the inspector who receives it from the elector, and the ballot be so held forth by the inspector that it shall be in full view of the elector until actually put into the box, and immediately upon depositing the ballot into the ballot-box, the inspector or clerk having charge of the election list of electors shall check ofl:' the name of such elector in such list by marking the words "voted 19 " (giving date of election), in the proper column and in the line with the elector's name, and the name of such elector entered on the poll list. Challenge of Electors : Sec. 27 . Each inspector shall, and any challenger, or elector of the same district, may challenge every person, although registered, ofi^ering to vote whom he shall know or suspect to be disqualified as an elector. Whenever it appears that the word "challenge" is written opposite the name of any elector in the election list of electors, the inspector shall challenge sucli elector. In all cases of challenge, the inspector holding the election list of electors shall note the word "sworn" opposite the name of the person challenged, whether the person oiTer- ing to vote shall be permitted to vote or not. The register of electors may be referred to in all cases of disagreement and doubt on any question during the election, and such register when relevant shall be conclusive. If any person offering to vote shall be challenged as unqualified by any inspector, challenger. or elector of the same district, the Chairman of the Board of Inspectors shall declare to the person challenged the constitutional qualifications of an elector. If such person shall state that he is a qualified elector and the challenge is not withdrawn, one of the inspectors shall tender to him such one of the following naths as he may claim to contain the grounds of his qualifications to vote : 30 CITY CHARTER— CHAPTER HI. OATH. "You do solemnly swear (or affirm) that you are twenty-one years of age, that you are a citizen of the United States, that you are now a resident of this election district, and that you have resided in tliis state six months next preceding this day, and in this ward twenty days next preceding this day, and that you have not voted at this election." Or, "You do solemnly swear (or affirm) that you are twenty-one years of age, that you resided in this state on the twenty-fourth day of June, eighteen hun- dred and thirty-five, that you have resided in this state six months next preced- ing this day, and in this ward twenty days next preceding this day. and now reside in this election district, and that you have not voted at this election." Or, "You do solemnly swear (or affirm) that you are twenty-one years of age, and that you resided in this state on the first day of Januar)', eighteen hundred and fifty), that you have resided in this state six months next preceding this day, and are now a resident of this election district, and that you have not voted at this election." Or, "You do solemnly swear (or affirm) that you are twenty-one years of age, that you resided in this state two years and six months prior to the eighth day of November, one thousand eight hundred and ninety-four, that you declared vour intention to become a citizen of the United States two years and six months prior to the eighth day of November, one thousand eight hundred and ninety- four, pursuant to the laws thereof, that you have resided in this state six months next preceding this day, and in this ward twenty days next preceding this day, that you are now a resident of this election district, and that you have not voted at this election." Or, "You do solemnly swear (or affirm) that you are twenty-one years of age, and that you are a native of the United States, that you are a civilized inhab- itant of Indian descent and not a member of any tribe, that you have resided in ihis state six months next preceding this day, and in this ward twenty days next preceding this day, that you are now a resident of this election district, and that voii have not voted at this election." But if any person shall have been chal- ientred. and swear falsely, upon conviction thereof, he shall be liable to the pains and penalties of perjury. Method of Voting : Sifc. 28. The inspector holding the ballots shall deliver one of them to each elector on entering the booth and applying to vote, and on request shall give an explanation of the manner of voting. If deemed necessary by the board an interpreter may be called. The elector shall then and without leaving the room go alone into a stall which is unoccupied and indicate the candidates for whom he desires to vote by marking a cross (X) in the scjuare in the appropriate column, at the right of the name voted for, as follows : He shall mark a cross (X) in the column at the head of which stand the words "First Choice," in the square at the right of the name of the candidate whom he desires to indicate as his first choice. In case there shall be three or more candidates for any one office, he may also mark a cross (X) in the column at the head of which stand the words "Second Choice," in the square at the right of the name of the candidate for whom he desires to indicate as his second choice. In case there sliall be four or more candidates for any one office he may also mark a cross (X) in the column at the head of which stand the words "Other Choices," in the square at the right of the names of such other candidates for which he has not CITY CHARTER— CHAPTER III. 31 indicated a first or a second choice, but whom he desires to indicate as his further choices. He may also write in the name of any person not already on the ballot in the space below the names of candidates for the same office for which he desires such person to be his choice, and a name so written in shall be considered a first choice vote for such person. No elector may vote more than one choice for one person ; nor may he vote more than one first choice or more than one second choice for the same office ; but he may vote as many choices as the number of candidates for the same office less one. In the election of registrars and inspectors the elector shall mark a cross (X) in the squares at the right of the names of not more than two candidates for the office of registrar, and not more than two candidates for the office of inspectors. Poll List : Sec. '29. In each election district one of the clerks shall keep a poll list, which shall contain the names of all electors whose ballots were received at such elec- tion, and opposite each name shall enter the number of such elector consecutively in the order which the electors vote. Women Electors: Sec. 30. In all elections, women electors may be challenged, and before their votes are received shall be required to take an oath or affirmation the same as male electors. In making the returns of such election, a separate return may be made of the votes cast by women, but the aggregate vote returned shall include the votes of all women electors, but no ballot shall be received from any woman unless she shall have registered, and would be a qualified elector in the district if she were a male elector, but if so registered and qualified, women residing in the district shall be entitled to vote for school inspectors and otherwise, as may be permitted by the. constitution of the state. Exhibition or Removal of Ballots : Sec. 31. If any elector shall expose his ballot or any part thereof to any person other than the one lawfully assisting him in the preparation thereof after the same shall have been marked, so as to disclose the name of any candidate marked bv him, such ballot shall not be received or deposited in the ballot box, and his name shall be entered on the poll list with a minute of such occurrence, and such elector shall not be allowed to vote thereafter at the same election. The elector shall then leave the room, but no elector to whom a ballot has been delivered shall be permitted to leave the room without voting the ballot or returning it to the inspector from whom he received it. If any elector who shall attempt to leave the room with a ballot, or with any book, pencil, stationery or other para- phernalia of the election in his possession, shall refuse to deliver the same upon request, he shall be at once arrested on demand of any member of the Board of Inspectors. Distribution of Ballots: Sec. 2>2. No ballot shall be distributed by any person other than one of the Inspectors of Election, nor in any place except within the railing of the election booth to electors about to vote, and no ballot which has not the initials of an inspector written by such inspector on the back thereof shall be placed in the ballot box. Disabled Electors: Sec. Zi. \Mien any elector shall make oath that he cannot mark his ballot for any cause specified by the laws of the state as being a sufficient disability, 32 CITY CHARTER— CHAPTER III. his ballot shall be marked for him by an inspector designated by the board for that purpose in the presence of at least one other inspector, and in the presence of the witnesses,' or such of them as may be present, appointed in accordance with the laws of the state. Any inspector or person who shall mark a ballot for any elector, except as provided herein, shall be deemed guilty of a mis- demeanor, and shall be punished accordingly ; provided that the imprisonment shall not exceed thirty days, nor the fine exceed two hundred dollars, and the fine and imprisonment may both be imposed. A suitable place shall be provided for the marking of ballots by an inspector for electors unable to mark the same as herein provided, inside the railing, at which the elector, the inspectors and the witnesses may be accommodated so that all of sucli persons may be present and witness such marking. Spoiled Ballots: Sec. 34. When an elector shall in marking his ballot spoil it, he shall return it to the board of inspectors and on his request they may give him another. The' board shall preserve all such spoiled ballots for return with the other unusued ballots. Electioneering in Booths: Sec. 35. No inspector or other person in the election booth or any compart- ment connected therewith shall persuade or endeavor to persuade any person to vote for or against any particular candidate or proposition. Such persuasion or attempt at persuasion shall be a misdemeanor and shall be punished accordingly. The wearing of any badge, emblem or mark indicative of the wearer's attitude toward any candidate or proposition, and the placing or allowing to be placed of any cards or other matter indicative of any candidacy or advocacy of a prop- osition within the election booth or thereupon by election officials, witnesses or challengers, shall be construed as such persuasion or attempt at persuasion equally with oral persuasion or attempt thereat. Close of the Polls: Sec. 36. When the hour of nine o'clock in the evening (central standard time) shall have arrived the Board of Inspectors shall make proclamation that the polls will forthwith be closed except to receive the votes of such electors as may at the time be within the election booth or waiting in line for an opportunity to vote. Thereupon two inspectors designated for the purpose shall together count the number of persons waiting in line outside the election booth for an oppor- tunity to vote and report the same in a loud voice to the Board of Inspectors. Tlie board shall then cause to be written on the poll book in red ink immedi- ately below the name of the elector last entered there the words "Xine O'clock: electors in Waiting Line,"' except that the blank shall not be filled in with a greater number than that announced by the two inspectors. Before the two inspectors shall re-enter the booth, they shall command the member of the police force on duty at the polls to take his stand behind the last person in the line and shall see that he obeys their command. Thereupon they shall re-enter the election booth, and after making the announcement herein required shall resume their other duties. The policeman shall prevent any person not in line from joining the line and shall follow the line until the last person therein shall have entered the election booth. The gatekeeper and the tally clerks shall count each person who shall enter after the two inspectors shall have announced the number in the waiting line, and when they shall have counted a number of per- CITY CHARTER— CHAPTER III. 33 son^ equal to the number announced by the two inspectors and recorded in the poll book, they shall notify the board thereof. Upon the giving of such notice, or when the policeman shall sooner announce that the last person in line has entered and it shall so appear, the gatekeeper shall admit no other person and the boartl shall permit only such as are within, if they shall be qualified electors, to vote. Thereupon, the board shall proclaim the close of the polls and shall thereafter refuse to receive any further ballots whatever. First Canvass and Count of Votes : Sec. 37. As soon as the polls shall have been finally closed, the Board of Inspectors in each election district shall, immediately and at the close of the poll, proceed to canvass and count the votes cast in such election district. Such can- vass shall not be adjourned or postponed until it shall have been fully completed, nor until the several statements herein required to be made by the inspectors and clerks shall have been made out and signed by them. The number of ballots shown by the poll list to have been cast in the election district shall be counted and compared with the number of electors checked of? in the election list of electors. When the number of voters shall have been ascertained and agreed upon, the result shall be certified in the poll book, in which proper blanks shall be printed for that purpose. The box containing the ballots cast shall then be opened, but before opening any ballots or ascertaining its contents, the number of ballots shall first be counted. If the number of ballots shall be found to exceed the number of names on the poll books certified as aforesaid, the ballots shall be replaced in the box. Thereupon one of the inspectors, with his back to the box, and without seeing it, shall draw out. without showing them, a number of ballots ef|ual to the excess, and if during the counting of the ballots, or at the conclusion of the counting, an excess of ballots be discovered, all the ballots shall then be returned to the box, and after being thoroughly mingled, the excess shall, in the manner directed above, be drawn out and the count corrected accordingly. Where there shall be more than one ballot box to be opened, the procedure shall be the same in the case of each. If two or more separate ballots are found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed ; then, if upon comparison of the count, and of the number and the names of electors on the poll books, it shall appear that the two or more ballots thus folded together were cast by one elector, they shall all be rejected and the count corrected accordingly. All such excess ballots shall be tied together into a separate package for each ballot box and a certificate endorsed thereon by an inspector designated for the purpose, which certificate shall contain a statement of the number of excess ballots and the manner in which the excess was determined. A similar minute shall be entered by the board on the tally sheets. Vote on Propositions: Sec. 38. When the ballots and the poll books shall have been found to agree or have been made to agree, as herein provided, the board shall proceed to count first the vote on each proposition, if any proposition shall have been submitted at that election, in the following manner: All the ballots shall be separated into three piles, the first pile containing all the ballots in favor of such proposition, the secontl pile containing all the ballots against such proposition, and the third pile containing all the ballots being neither for nor against such proposition. Thereupon at least three of the inspectors shall examine each pile, and see that tlie separation has been properly made. When it shall appear that a proper sep- 34 CITY CHARTER— CHAPTER III. aration has been obtained, the first pile of ballots shall be carefully counted and. the result announced to the clerk, who shall tally the same. In like manner also the second pile shall be counted, announced and tallied, and thereafter the third pile, if any. The clerk shall then announce to the inspectors the number of votes for and the number of votes against such proposition. The ballots for and against any proposition to be made shall always be canvassed, counted and tal- lied before the names of candidates for any office are canvassed, counted or tal- lied. The inspectors and clerks of election shall make a true count and correct return of all votes upon any such proposition, and any willful failure or neglect of any inspector or clerk to do so shall be a misdemeanor and punished accordingly. Procedure in Tallying Votes : Sec. 39. After completing the counting and tallying of the votes on any such proposition, the Board of Inspectors in each election district shall proceed to count the votes for each and every candidate in the following manner : They shall divide all ballots remaining after the separation of the excess ballots, into such bundles or batches as may be convenient for a prompt and careful determination of the result of the election. At least two inspectors, one after the other, shall carefully examine each ballot and shall reject and place in a separate pile any ballot bearing any impression, device, color or thing on its face or outside thereof. except as provided herein, designed to distinguish such ballot from other legal ballots, or so marked upon the edges that when folded and delivered to the inspectors it may be distinguished from other ballots, or as to designate or impart knowledge of the person who voted such ballot, or any ballot which shall be so spoiled that the choice of the elector cannot be determined therefrom, or any ballot on which no indication of choice appears. The remaining ballots, being the good ballots, shall be placed in a separate pile. The two inspectors shall then make a secure package of all ballots in the first pile and note thereon the fact of their being rejected, spoiled or blank, which ballots shall be known as the rejected ballots. Thereupon they shall proceed to the count of the good ballots in the following manner : One inspector in the presence of the other shall call the names of the persons marked or voted for by such ballots and the offices for which they are designated, noting carefully whether the vote is first choice, second choice or other choice, and the clerks shall tally each vote as called on tally sheets provided for the purpose. No vote shall be counted for any can- didate more than once on any one ballot, all subsequent votes on that ballot for that candidate being void. If, on examination of any ballot, it shall appear that the elector voting it has voted first choice or second choice for more than one candidate for the same office, such first choice or second choice votes shall not be invalidated, but shall count only as other choice votes. If it shall appear that an elector has voted some choice for every candidate for the same office, then and in that event all his other choice votes for that office shall be invalid and shall not be considered in any count. When all the votes in the pile of good bal- lots shall have been called and tallied, the clerks shall complete their count. If it shall appear that the results of their counts do not agree, then the second inspector, in the presence of the first, shall repeat the call of votes and the clerks shall tally the same a second time and compare results, and this process shall be repeated until exact agreement in their count shall appear. Each batch or subdivision of ballots agreed upon by the inspectors to be counted shall, as soon as counted, read, tallied and found to agree, be made into a secure package with a note thereon to distinguish it as containing sjood ballots which have been can- CITY CHARTER— CHAPTER III. 35 vassed, and each batcli shall be thus disposed of before the commencement of the count of the next lot or batch. At the completion of the canvass made in this manner of the votes cast, the packages of the rejected ballots shall be opened successively by two inspectors other than the two who originally rejected them. They shall examine each ballot, and if they shall find it to have been properly rejected, enter thereon a minute of the reason for such rejection signed by one of them. In case it shall appear to them that a ballot has been improperly rejected, they shall refer its rejection to the board, and the board shall decide whether it shall be rejected or considered a good ballot. The decision of the board shall be noted thereon and it shall be dealt with accordingly. All such ballots as shall on the board's decision be declared good ballots, shall be counted, read and tallied as other good ballots and made into a secure package. All ballots which shall remain rejected shall be made into a secure package with a note thereon certifying the fact of its containing the rejected ballots. Thereupon all the ballots, good and rejected, in their separate packages, shall be replaced in the same box. Thereupon the tally clerks shall ascertain the total number of first, second and other choice votes received by each candidate at the election, and when they sliall have agreed upon the number, shall announce to the inspectors the total number of such votes received by each candidate. Proclamation shall thereupon be made in a loud voice and repeated by one of the inspectors, of the total number of such votes received by each of the persons voted for in the elec- tion district for the office for which he is designated and the number of votes for and the number of votes against any proposition which shall have been sub- mitted to a vote of the people. Such proclamation shall be prima facie evidence of the result of the canvass of such votes. Certificates of Votes Cast : Sec. 40. As soon as the result of the election in any election district shall have been ascertained and proclaimed, as provided herein, the number of first choice, second choice and other choice votes for each person and for the office for which he is designated and the number of votes for and against any proposition submitted to vote at that election shall be set down in the poll book upon proper blanks insertel therein under the inspection of the inspectors and certified and signed by them and attested by the clerks. In all certificates the number of votes shall be fully written out in words, also in figures. Certification of Election Returns: Sec. 41. When the Board of Inspectors in any election district shall have completed the count of the votes, returned the ballots to the boxes and entered the certificate of the votes cast in the poll book, as herein provided, they shall at once proceed to make and certify full and true returns of the results of the election under their hands. One return shall be made of all the votes cast for each city, ward or district office and city propositions ; one return shall be made of the votes cast for all other offices and propositions voted for at the election. Duplicates of each of the returns shall also be made and certified in like manner. One copy of the return of the votes cast for city, ward or district offices and city propositions shall be placed in an envelope carefully sealed, and the inspectors shall write their names across the back of the envelope in such manner that the same cannot be opened without breaking the seal and otherwise defacing the envelope and signatures. The envelope shall also have the names or number of the election district thereon, and shall be directed to the Board of City Canvassers in care of the County Clerk of Wayne county, and the other copy of the return 36 CITY CHARTER— CHAPTER III. of votes cast for city, ward and district offices and city propositions shall be placed in a like envelope and marked, sealed anil endorsed in like manner and directed to the City Clerk. One copy of the return of the votes cast for other offices than city offices and propositions other than city propositions shall be placed in a like envelope, sealed, marked and endorsed in like manner, and shall be directed to the Board of County Canvassers in care of the City Clerk, and the other copies of the returns of the votes cast for other offices than city offices and propositions other than city propositions shall be placed in another envelope, sealed, marked and endorsed in like manner and directed to the County Clerk of Wayne county. The envelopes directed to the County Clerk and City Clerk containing returns shall specify what they contain. The returns directed to the Board of City Canvassers and to the Board of County Canvassers, respectively, shall be delivered to them respectively by the County Clerk and City Clerk ; the other returns directed to the City Clerk and County Clerk shall be filed by them in their respective offices as part of the records thereof. Sealing of Ballot Boxes : Sec. 42. When the election returns in any election district shall have been signed and enveloped, as herein provided, the Board of Inspectors shall cause one set of the tally sheets to be placed in the boxes. They shall securely lock each of the boxes, wind it with tape and seal it in a manner to be designated by the Election Commission, and a covering of leather or canvass fastened with sealing wax, and stamped with an official election seal, shall be placed over the hole in the lid or cover and the key-hole of each box, so as to completel}- cover both holes in such manner that the box cannot be opened, nor the holes in the cover or the key-holes be uncovered without breaking the seal. Delivery of Boxes, Books, Etc. : Sec. 43. When the Board of Inspectors in any election district shall have returned the ballots to the boxes and fastened and sealed the same as herein pro- vided, they shall thereupon deliver the same and all spoiled, excess and unusued ballots and also a copy of the poll books to a member of the police force, who shall be sent to the election booth by the Commissioner of Police for the purpose of receiving the same. A statement of the number of ballots used shall be enclosed with the ballots returned. The messenger so sent, on receipt of the spoiled, excess and unused ballots, shall carefully count and receipt for the number thereof delivered to him by the board, marking on the package, which shall be securely sealed, the number so receipted for. He shall also receipt for the boxes and poll books, to be delivered to him. After the receipts shall have been made and signed, the package of spoiled, excess and unused ballots and the boxes and the poll books shall be delivered to him, and he shall forthwith convey the same to police headquarters and there fleliver them to the Commissioner of Police. The Commissioner of Police shall enter in a book kept by him for the jnirpose the number of spoiled, excess and unused ballots delivered to him and thereupon destroy them. He shall also deposit the ballot boxes in some safe place and keep them in his custody. Four months thereafter, the ballots therein may be taken out and destroyed. The poll books shall be placed on file in the office of Commissioner of Police. The same or another messenger shall receive from the inspectors the registers of electors, election list of electors aiul other paraphernalia of election and deposit the same with the City Clerk. CITY CHARTER— CHAPTER III. 37 Re-opening of Ballot Boxes: Sec. 44. Whenever within lour months after an election any court of com- petent jurisdiction, board of canvassers or other competent authority shall require such ballot boxes for the purpose of having or making a recount of the ballots therein contained, for one or more candidates, the Commissioner of Police shall, upon proper demand or request in writing, send such box or boxes as may be required, by one or more of the police force, to the court or board so entitled thereto. But such box or boxes shall not be taken from the custody of such member or members of the police force except to open the same and count the ballots therein in his or their presence. Upon such count being made the ballots shall be returned to the box or boxes from wdiich they were taken, duly locked and sealed, and the boxes shall then be conveyed back by the members in charge to the Commissioner of Police. Delivery of Election Returns: Sec. 45. The envelopes directed to the City Clerk containing copies of the elec- tion returns as herein provided shall together with the keys to the ballot boxes, the election seal and one set of tally sheets be taken by any two members of the board designated for that purpose directly from the election booth to the office of the City Clerk. The envelopes addressed to the County Clerk shall be delivered by different inspectors designated for such purposes who shall proceed directly, but not in company with the inspectors bearing the returns of the City Clerk to the office of the County Clerk. Any one or more electors present at the voting place shall have the right to accompany the inspectors designated to so deliver such returns from the election booth to the offices respectively of the City and County Clerks. If the inspectors, or either of them, shall prevent or attempt to prevent such electors from so accompanying him or them, or evade or attempt to evade such electors, or stop at any place on the way from the election booth to the City or County Clerks office without necessity therefor, he or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished accord- ingly. Tlie City Clerk and County Clerk shall keep their offices open until the returns from all election districts shall have been received, and there delivered by the inspectors to the clerks or one of their ileputies, who shall observe whether such envelopes have been tampered with and shall endorse thereon the time he received the same, and whether the same is in apparent good order, and shall thereupon deposit the same in a safe and secure place in his office. The keys and election seal shall be placed in the proper receptacle imtil needed. The returns directed to the Board of County Canvassers and Board of City Canvassers shall not be opened until the meeting of the respective boards, when they shall be deliv- ered to the res]iective boards by the County Clerk and the City Clerk. Board of City Canvassers : Sec. 46. The City Clerk, City Treasurer and the Corporation Counsel shall constitute the Board of City Canvassers. The board itself shall elect one of their number to be chairman. Each member 'of the board may also designate a suitable person to act as one of the clerks of the board, to be compensated in such manner as the Common Council may determine. Determination of Election: Sec. 4". Tile Board of City Canvassers shall upon the Thursday next after the election, at ten o'clock in the forenoon (central standard time) meet in a con- venient [lublic place, to be by them designated, and proceed to open and canvass 38 CITY CHARTER— CHAPTER III. the returns for city, ward and district officers and declare the result of the election as soon as possible thereafter. They shall determine the results of the election in the following manner : When one person is required to be elected to any office, the person receiving more than one-half of the total number of ballots cast at such election as the first choice of the electors for any office shall be elected to that office; provided, that if no candidate shall receive such a majority of the first choice votes for such office, then and in that event, a canvass shall be made of the second choice votes received by the candidates for that office ; second choice votes shall then be added to the first choice votes received by each candidate for such office, and the candidate receiving tlie largest number of first and second choice votes, if such number shall constitute a majority of the number of first choice votes cast for that office at such election, shall be elected thereto ; and provided, further, that if no such candidate shall receive such a majority after adding the first and second choice votes, then and in that event, a canvass shall be made of the other choice votes received by the candidates for such office. Such other choice votes shall then be added to the first and second choice votes received by each candidate for such office and the candidate receiving the highest number of first, second and other choice votes shall be declared elected thereto. When two or more persons are required to be elected to the same office, except election district officers, the election of the first person entitled to hold such office shall be determined in like manner as the election of a person to an office to which only one person is required to be elected. The election of the remaining persons required to be elected to such office shall be as follows : \\'hen it shall appear, after adding first and second choice votes or first, second and other choice votes, that any person or persons have received a majority of the ballots cast for such office, those persons shall be declared elected in the order of the relative greatness of their votes until the required number shall be declared elected, or until all such persons shall be so declared elected. But if it shall appear, after the addition of all first, second and other choice votes, that the required number of persons have not received the majority necessary to elect, then and in that event, the required number shall be made up by declaring elected the persons ("not already declared elected) who then shall have the greatest number of votes and so on in like manner until the requisite number of persons shall have been declared elected. In the election of registrars and inspectors, the three candidates for registrar and the three candidates for inspector in each election district, who shall have respectively received the highest number of votes, shall be declared elected. Error in Returns : Sec. 48. 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 office, the Commissioner of Police, on request of the board, shall produce before the board the returns certified in the poll book for the district, and the City Clerk shall likewise produce the returns in his office from such district. If on comparison of all of such returns it shall appear that any two of them agree as to the number of votes returned for such office, the returns so agreeing shall be accepted as correct returns of the number of votes cast for such office. Deterinination of a Majority : Sec. 49. Wherever the word "majority" appears herein in reference to the determination of the election of a person to any office, it shall be un 'erstood m mean any number more than one-half of the luimher of the firosition in the classified service. Transfers, except in the case of those who, without taking the civil service examinations, retained their positions in the classified service on and after the third day of May in the year nineteen hun- dred and thirteen, may be made from a classified position in one department to an unclassified, or to a classified position in another department requiring no higher examination than that required for the position from which a transfer i^ to be made. However, no person in the classified service, who retained such position without taking the civil service examination therefor, shall be transferred or promoted without first passing a non-competitive examination provided by the commission. Notice of Appointments, Etc. : Sec. 22. Each departmental head shall give immediate notice in writing to the commission of all appointments, permanent or temporary, made in the classified service in his (or their) department, and of all transfers, promotions, resignations or vacancies from any cause in such service, and of the date thereof. A record of the same shall be kept by the commission. When any position in the classified service shall be created or abolished, or the compensa- tion attached thereto altered, the departmental head making such change '^hall immediately report it in writing to the commission. Removals in Classified Service : Sec. 2i. No person shall be discharged from the classified service, or rerluced in pay or position, or suspended by the departmental head appointing 62 CITY CHARTER— CHAPTER VI. him for religious or political reasons. In all cases of discharge, or reduction, or suspension for more than thirty days, the departmental head shall furnish the subordinate discharged, reduced or suspended with a written statement of the order of removal, and the reasons for the same, a copy of which statement shall also be filed with the commission at the same time. The commission may, and upon the written request of the subordinate made within ten days, shall, investigate. If it shall find as the result of such investigation that the discharge, reduction or suspension was made for political or for other reasons than the good of the service, it shall so report to the departmental head, and the person so discharged, reduced or suspended shall thereupon be entitled to resume his position and to receive compensation for the time lost. Notice to Controller of Appointments, Etc. : * Sec. 24. The commission shall certify to the Controller all appointments to positions in the classified service, and all vacancies occurring therein, whether by dismissal, resignation or death. Neither the Controller nor any other officer concerned in the auditing or paying of any salary or wages or other claims shall approve of or be in any manner concerned in paying any salary or wages to any person for services in the classified service of the city, until the appointment of such person in the classified service shall have been certified by the commission to the Controller, nor after the vacation of such person's position shall have been so certified. Investigation by Commission: Sec. 25. The commission shall, by itself or otherwise, investigate the enforcement of the provisions of this charter concerning the classified service, of its own rules, and the action of appointees in the classified service. In the course of such investigation the commission, or its authorized representative, may administer oaths. The commission shall, when necessary, also secure by its subpoena both the attendance and testimonjr of witnesses and the produc- tion of books and papers relevant to such investigation. The Common Council shall enact all suitable ordinances to enforce the provisions hereof. Opinions and Affiliations: Sec. 26. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, or his connection with any labor organization ; nor shall inquiry be made concerning such opinions or affilia- tions ; and all disclostires therefor shall be discountenanced. No discrimina- tion shall be exercised, threatened or promised by any person in any manner responsible for the carrying out of the provisions of this charter concerning the classified service against or in favor of an applicant eligible to or employee in the classified service because of his political or religious opinions or affilia- tions or connection with any labor organization. No recommendation of an applicant eligible or employee involving a disclosure of his political or religious o])inions or affiliations shall be considered or filed by the commission or by any officer concerned in making appointments or promotions. Aid, Hindrance, Etc., in Examinations: Sec. 27 . No person or officer shall, by himself or in co-operation with one or more persons, defeat, deceive or obstruct any person in respect of his right of examination or corruptly ox falsely rrark, grade, estimate or report upon CITY CHARTER— CHAPTER VI. tj3 the examination or proper standing of any person examined liereunder, or aid in so doing; or make any false representations concerning the same, or con- cerning the person examined ; or furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, appointed, employed or promoted. Consideration for Appointment or Promotion: Sec. 28. No applicant for appointment in the classified service, shall, directly or indirectly, pay or promise to pay any money or other valuable thing to any person whatever for or on account of his appointment or proposed appointment. No employee in the classified service shall directly or indirectly, pay or promise to pay, to any person any money or other valuable thing what- ever for or on account of his promotion. Recommendation for Political Service: Sec. 29. No applicant for appointment or promotion in the classified service shall ask for or receive a recommendation or assistance from any person in the classified service, or from any person whatever, in consideration of any polit- ical service rendered or to be rendered to or for such person. Political Contributions : Sec. 30. No officer or employee shall discharge, degrade, or promote, or in any manner change the rank or compensation of any person in the classified service, or promise or threaten to do so, for giving or withholding or neglect- ing to make any contribution of money or other valuable thing for any party or political purpose, or for refusal or neglect to render any party or political service. No officer or employee of the city shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assess- ment, subscription or contribution for any political party or political purpose whatever; nor shall any person directly or indirectly, solicit, or be in any manner concerned in soliciting any assessment, contribution or payment for any political purpose whatever for any person in the classified service. Attendance of Witnesses at Investigation : Sec. 31. The fees of witnesses in any investigation for attendance and travel shall be the- same as the fees of witnesses in the Circuit Court for the County of Wayne, and shall be paid from the appropriation for the expenses of the commission. The Circuit Court, or any Judge thereof, either in term time or vacation, upon application of any commissioner, shall compel the , attendance of witnesses, the production of books and papers and the giving of testimony before the commission or before any commissioner, or authorized representative, by attachment for contempt or otherwise, in the same manner as the production of evidence may be compelled before the Circuit Court. Perjury of Witness : Sec. 32. Ever/ person who, having taken an oath or made affirmation before the commission, or any commissioner, or authorized representative of the commission, shall swear or affirm wilfully, corruptly or falsely, shall be guilty of perjury, and, upon conviction thereof, shall be punished accordingly. No person, testifying in any proceeding, suit or prosecution hereunder, shall be exempt from prosecution or punishment for perjury committed in so testifying. 64 CITY CHARTER— CHAPTER VI. Misdemeanors Hereunder : Sec. 33. Any person who, in the course of any investigation conducted hereunder, shall be served with a subpoena to appear and testify, or to pro- duce books and papers, which subpoena shall have been issued by the com- mission, or by any commissioner, or by any authorized representative of the commission, and who shall refuse or neglect to appear, or to testify, or to produce books and papers, as commanded in such subpoena, shall be guilty of a misdemeanor. Any person who shall knowingly violate any civil service provision, or who shall neglect or refuse to perform any duty enjoined upon him thereby, shall be guilty of a misdemeanor. Any officer who shall be required, hereunder to do or perform any act or duty, or under whose super- vision or authority any act or duty is required to be done or performed, which act or duty shall not be done or performed, and who shall have wilfully neglected to perform such duty, or shall have wilfully permitted the omission or non-performance of such act or duty, shall be guilty of a misdemeanor. Penalty for Misdemeanors Hereunder : Sec. 34. Any person who shall be convicted of any act or omission herein declared to be a misdemeanor shall be punished by a fine of not less than Mty dollars, nor more than five hundred dollars, or by imprisonment in the House of of Correction for a term not exceeding six months, or by both such fine and imprisonment, in the discretion of the court: 'Provided, however, that upon any criminal examination or trial of any person charged with any such misde- meanor it shall be competent, upon the request of the Prosecuting Attorney of the County of Wayne, or his assistant, for the magistrate or court, before whom such examination or trial is being conducted, to compel any witness to answer any and all relevant questions, any claims of privilege to the contrary notwithstanding; And provided further, that no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any trans- action, matter or thing concerning which he may so testify or produce evi- dence, documentary or otherwise, in any proceeding, suit, or prosecution here- under. Removal From Office or Position by Conviction: Sec. 35. The office, or the position in the classified service, as the case may be, of any person convicted hereunder shall, by force of such conviction, be rendered vacant, and the person so convicted shall be deemed removed therefrom without further action. Any vacancy arising in this manner shall be filled in the same manner and under the same conditions as if arising from any other cause. Any person, so convicted, shall be incapable of holding any office or position in the classified service for the period of five years from the date of such conviction. Persons Competent to Prosecute: Sec. 36. Prosecution for violations of any civil service provision may be insti- tuted by the Attorney-General, by the Prosecuting Attorney for Wayne County, or by the commission acting through special counsel. Such suits shall be con- ducted and controlled by the [prosecuting officers who institute them, unless they rec|uest the aid of other prosecuting officers. Eight-Hour Service Day: Sec. 37. The service day for all employees in the classified service, during which they shall be required to work, shall consist of eight hours in any ten con- secutive hours in any one day of twenty-four hours. No employee in the classified CITY CHARTER— CHAPTER VI. 66 service shall be required to work for more than this eight hour service day, except in case of any emergency which would result in serious loss, damage, or impair- ment of the city's service, unless the same employee or employees were required to remain continuously at work for a longer period, in which case, during the continuance of the emergency, the provision requiring the eight hour service day may be suspended by the departmental head or proper subordinate in whose department the emergency shall have arisen ; but no provision of this section shall apply to the Department of Fire Protection, except upon the approval of the Com- mon Council. Six-Day Service Week: Sec. 38. No employee in the classified service shall be required to work for more than six service days in any consecutive seven days of twenty-four hours each, except in case of any emergency which would result in serious loss, damage or impairment of the city's service, unless the same employee or employees were required to remain at work in excess of the six day service week, in which case, during the continuance of the emergency, the provision requiring a six day service week may be suspended by the departmental head or proper subordinate in whose department the emergency shall have arisen. No provision of this section shall apply to the Department of Fire Protection, except on the approval of the Com- mon Council. Excess Compensation for Emergency Service: Sec. 39. The Common Council shall by ordinance provide for the proper readjustment of service time and for the proper excess compensation of any employee, of whom service in excess of the regular service day or the regular service week shall have been required in the case of any emergency, as herein provided. But the Common Council shall provide for a rate of compensation for excess service which shall be for Sundays and other holidays not less than twice the regular rate of compensation, and for other days not less than one and one- half times the regular rate of compensation. Minimum Wage: Sec. 40. No employee in the classified service doing common labor shall receive compensation in a sum less than two dollars and twenty-five cents per diem for an eight hour service day. No employee in the classified service doing the work of a skilled mechanic shall receive compensation in a sum less than the highest pre- vailing wage in that particular grade of work. Whenever practicable, the per diem plan of employing common labor shall be in force. All wages and all salaries in the classified service shall be paid weekly. Any employee in the classified service who shall receive compensation for service rendered at a rate less than the minimum fixed herein may by an action for debt recover from the city the balance due him hereunder with costs. Employment of Labor by Contractors: Sec. 41. No contract for any public vvork shall be let which shall not, as a part of the specification on which contractors shall make their bids, require the contractor or subcontractor to pay all persons in his employ doing common labor and engaged in the public work contracted for not less than two dollars and twenty-five cents per diem, to pay all persons in his employ doing the work of a skilled mechanic and engaged on the public work the highest prevailing wage in that particular grade of work, and to require of such employees the same service «6 CITY CHARTER— CHAPTER VI. day and service week required herein of all city employees. Any contractor who shall have entered into such contract with the city and shall have violated any pro- vision of this section as made a part of his contract shall be debarred from any further contracts for public work, and any contract let to him contrary to this provision shall be void. Whenever it shall appear that any employee of any con- tractor for public work engaged thereon shall have received less than the com- pensation herein provided, the Common Council may cause to be paid to him such deficit as shall be due him and shall cause the amount so paid to be deducted from the balance due to the contractor from the city. CITY CHARTER— CHAPTER VII. CHAPTER VII. DEPARTMENT OF LAW General Powers and Duties: Sec. 1. The Corporation Counsel, as head of the Department of Law shall superintend and conduct all the law business of the city and of its departments, conduct all suits brought by or against the city or any department thereof, all prosecutions for the violation of any provision of this charter or of any ordinance, resolution or other proceeding enacted thereunder, and all proceedings for the condemnation of lands and the separation of grades ; draft all such ordinances as the Common Council or a committee thereof may require; prepare such leases, deeds, contracts or other papers as may be required by the Common Council or by any department and, on request furnish written opinions upon all subjects submitted by the Common Council, by the Mayor, or by any departmental head. Service of Process: Sec. 2. Any process, required by law to be served upon the Corporation Counsel, may be served upon the Corporation Counsel or upon any subordinate, except clerks and stenographers, in the department of law. Delivery of Office to Successor: Sec. 3. Whenever a vacancy by resignation or removal shall occur in the office of Corporation Counsel, the outgoing Corporation Counsel shall forthwith, on demand, deliver to his successor in office all deeds, leases, contracts and otlier papers and books in his hands belonging to the city or delivered to him by the city or any officer or department, and all papers in action prosecuted or defended by him, or which are pending and undetermined. Annual Report to Common Council: Sec. 4. The Corporation Counsel shall annually on or before the first day of May in each year make a report in writing to the Common Council of all suits instituted and pending in courts of record in which the City of Detroit is inter- ested, which report shall state the names of all defendants and plaintififs, the nature of the action, the date of the commencement and the several steps that may have been taken in court during his term of office to bring such suits to final issue, to be accompanied with such explanatory remarks as he may see fit to append, to the end that the Common Council may be kept fully advised as to the legal affairs of the city. He shall also attach to his report a list of all such cases as may have been disposed of during his term of office and subsequent to his last report, together with their results. Counsel for All Departments : Sec. 5. No officer or department, including the Board of Education, shall have or employ any attorney or counsel except upon the recommendation of the Cor- poration Counsel. But the Department of Law shall furnish every department or 68 CITY CHARTER— CHAPTER VII. officer such advice or legal assistance, as counsel or attorney in or out of court, as may be required by such officer or department. Detail of Detectives to Department: Sec. 6. The Superintendent of Police shall on request of the Corporation Counsel, detail one or more detectives for services as may be required in connec- tion with the business of the department of law. Procedure in All Suits or Cases : Sec. 7. Any officer, upon whom any process or other paper may be served in any case commenced or pending against the city, shall immediately transmit such process or paper to the Corporation Counsel. The Corporation Counsel shall thereupon inform the Common Council of the pendency of such suit or proceeding, and unless otherwise directed thereby, he shall appear in such suit or proceeding in behalf of the city. If a judgment or decree be entered therein, he may cause an appeal or other appropriate proceeding to be taken to remove the cause to the Appellate Court if, in his jtidgment, the interests of the city so require. Counsel for State in City Cases : Sec. 8. The Corporation Counsel and his assistants shall appear and act for the people of the State of Michigan in the Police Court and the Recorder's Court in all cases arising hereunder or under any law creating any department of administration in the city, or for offenses specified herein or therein. Informa- tion in such case may be filed by the Corporation Counsel as informant in the same manner and with like effect as though it had been filed by the Prosecuting Attorney of the county. No Bond Necessary to Perfect Appeal, Etc. : Sec. 9. Whenever an appeal shall be taken in any case, or a writ of error issued in any suit brought against the city, it shall not be necessary, in order to perfect the appeal or to stay proceedings upon any judgment, for the Corporation Counsel to execute any bond or other undertaking; but there shall be the same right to sue and recover against the city the same damages that the appellee would have had, had an undertaking or bond been executed by the city in such cases. The appeal shall be deemed to have been perfected when a claim or notice of such appeal shall have been filed and notice thereof given to the appellee or his solicitor or attorney. CITY CHARTER— CHAPTER VIII. 69 CHAPTER VIII. DEPARTMENT OF RECORDS General Powers and Duties: Sec. 1. The City Clerk, as head of the Department of Records, shall keep the corporate seal and all papers filed in or pertaining to his department. He shall be Clerk of the Common Council and of all its committees, shall attend its meetings, shall make and preserve a record of all its ordinances, resolutions and other pro- ceedings, in proper books to be provided therefor, and when requested, shall duly certify under the corporate seal copies thereof and all papers duly filed in his office pertaining to the same. He shall possess and exercise the powers of township clerks and such other powers as are herein specified or may be necessary for the proper discharge of his duties. Bureau of Statistics: Sec. 2. There shall be in the Department of Records a Bureau of Statistics in charge of a City Statistician, who shall be appointed by and hold office at the pleasure of the City Clerk, but who shall be certified by the Civil Service Commis- sion to be a competent expert statistician. There shall be detailed as his assistants such clerks at the disposal of the City Clerk as may be necessary for the conduct of the bureau. Annual Report of Statistician : Sec. 3. The Statistician shall keep on file, subject to inspection by the general public at reasonable hours, correct copies of the reports of all city officials and of the proceedings of the Common Council. From these he shall prepare an annual report which shall be submitted to the Common Council, and printed as a separate document, copies of which shall be given to any citizen on application. Control of Departmental Reports : Sec. 4. The Statistician shall, in conference with the City Clerk and other departmental heads, prescribe forms for the reports of all departmental and bureau heads. These forms shall be as nearly as practicable uniform for all lepartments. In prescribing the forms for the departmental reports, the Statis- tician shall give due consideration to the distinction between those departments whose maintenance is mainly a burden on the general taxes, and those depart- ments that produce incomes by making or distributing and selling service or products. These reports shall be so drawn that he may, and he shall, prepare from them: (a) an annual balance sheet: (b) cost statistics, showing efficiency of operation of each department; (c) operating statistics, showing activity of each department: (d) as to public utilities, comparative costs under private and public operation, both in the city and in other municipalities; and (e) recommendations concerning methods and efficiency of various departments. Cost and operating statistics shall be prepared and submitted to the Common Council quarterly, and shall, as soon as possible, be drawn to show comparison with the last quarter and ple- nient to the annual report herein required. 70 CITY CHARTER— CHAPTER IX. CHAPTER IX. DIVISION OF FINANCE Distribution of Financial Administration : Sec. 1. Subject to the control and management of the Common Council, the financial administration, including the fixing, collecting, disbursing and accounting of the revenues and moneys of the city shall be conducted by and distributed among the Department of Finance and Accounts, the Department of Assessment, and the Department of Tax Collection. I: Funds. Funds of the City : Sec. 2. The revenues and moneys of the city shall be divided into the following funds, viz: The general fund, the contingent fund, the interest fund, the general sinking fund, the street railway fund, the street railway sinking fund, the defi- ciency fund, sidewalk fund, and such other funds as the Common Council may, subject to the approval of the Controller, constitute for special purposes not incon- sistent with nor to be taken from any of the foregoing mentioned funds. General Fund: Sec. 3. To the general fund shall be credited all moneys which shall be appro- priated to defray the expenses of the city, for the payment of which out of some other fund no provision is herein made. Contingent Fund : Sec. 4. To the contingent fund shall be credited such moneys raised by general taxation, such moneys received from liquor taxes, and such other moneys as the Common Council shall direct. All moneys in the contingent fund shall be applied to repaying the contingent expenses of the city, including such illegal or unjust taxes collected as the Common Council shall by a two-thirds vote of its members direct to be refunded. Interest Fund: Sec. 5. The Common Council shall annually appropriate from the moneys raised by general taxation a sum sufficient to pay the interest accrued, or to accrue, on the funded debt for the fiscal year for which such taxes are levied, which sum shall be credited to and constitute the interest fund to be applied to payment of the interest on the funded debt ; Provided, that the Common Council may further provide in such annual tax levy for a sum sufficient to cover any deficiency which may have occurred or is likely to occur to this fund by reason of the non-payment of taxes, or from any other causes whatever. The Common Council may borrow on the credit of the city at a reasonable rate of interest a sufficient sum to meet such deficiency until such time as the next annual budget shall have been fixed : Pro- vided, that the Common Council shall provide in the next annual budget for the repayment of such loan or loans. CITY CHARTER— CHAPTER IX. 71 General Sinking Fund: Sec. 6. To the general sinking fund shall be credited all moneys raised by taxa- tion or otherwise which shall be appropriated to pay the funded debt, except as herein otherwise provided. Such interest as may accrue to the city on public moneys in any bank or trust company, except moneys derived from the municipal street railway system, and such premiums as may be received from the sale of bonds, except as herein otherwise provided, shall belong and be credited to the general sinking fund. There shall also be raised each year for the purpose of this fund a sufficient sum on each issue of bonds, except as herein otherwise provided, which, if kept up during each year of the life of such issue, shall suffice with accru- ing interest and other moneys in the fund, to retire such issue at maturity: Provided, however, that this requirement shall not apply to any bonds issued prior to July first, one thousand nine hundred and one. Sinking Fund Commissioners: Sec. 7. The Mayor, Controller, Treasurer and Committee on Ways and ]\Ieans of the Common Council and their successors in office, by virtue of their offices, shall be a board to be known as the Board of Commissioners of the Detroit City Sinking Fund. They shall meet from time to time for the transaction of business, and may adopt rules of proceeding at their meetings. A majority of the whole board shall be a quorum for the transaction of business, but they shall not pur- chase in or pay the outstanding funded debt of the city, or invest any of the moneys belonging to the sinking fund, as herein provided, except under a resolu- tion for such purpose, passed and approved by a vote of a majority of the whole board, and by yeas and nays, to be entered of record. The Mayor, or in case of ■ his absence, some member, to be appointed by those present, shall preside at their meetings. They shall appoint one of their members secretary of the board, who shall keep a true record of its doings. They shall from time to time, upon the best terms they can make, purchase or pay the outstanding debt of the city, except as herein otherwise provided, or such part thereof as they may be able to purchase or pay, until the same be fully purchased or paid. All bonds and evidences of debts thus purchased or paid shall be delivered to the City Treasurer, and shall become and be the property of the Commissioners of the Sinking Fund, and the interest thereon shall be credited and belong to the sinking fund. The City Treas- urer shall endorse upon the back of all bonds so purchased by the Commissioners of the Sinking Fund, for the benefit of that fund, the following, viz: "Regis- tered bond, not transferable without the written consent of the Mayor, Controller and City Treasurer endorsed hereon." Whenever they shall be unable to arrange for the purchasing or paying such debt, or any part thereof, they shall temporarily and until they can so arrange, invest the moneys belonging to general sinking fund in such securities, bearing interest, as they shall deem safe and advisable. The Commissioners shall, immediately after each meeting, and whenever requested by the Common Council, make report of their doings, which report shall be made to the Common Council, referred to and filed with the Controller, and recorded by him in some proper book to be provided for that purpose. The Treasurer shall have the custody of all moneys, and the Mayor, Controller and Treasurer jointly shall have custody of all securities and evidences of value belonging or pertaining to the sinking fund, and the Treasurer shall pay out the moneys of this fund only by order of the Commissioners, or a majority thereof, and upon the warrant of the Controller. Nothing herein shall be construed to exempt the Commissioners from being subject to the provisions of any ordinance now or hereafter in force relating to the general sinking fund. 72 CITY CHARTER— CHAPTER IX. Street Railway Fund : Sec. 8. To the street railway fund shall be credited and belong all moneys received from any source in relation to the municipal street railway system, except such portion thereof as shall be credited and belong to the street railway sinking fund. All moneys in the street railway fund shall be applied to defray the expenses of acquiring, maintaining and extending the municipal street railway system as herein provided. Street Railway Sinking Fund : Sec. 9. All interest which shall accrue on moneys in any bank or trust com- pany received from any source in relation to the municipal street railway system and all premiums on the sale of general bonds for acquiring a street railway system and of street railway bonds shall be credited and belong to the street railway sinking fund. The Board of Street Railway Commissioners shall also annually appropriate to the street railway sinking fund a sufficient sum on each issue of general and street railway bonds sold for the purpose of acquiring, maintaining and extending a municipal street railway system which shall suffice with accruing interest and the other resources of the sinking fund to pay the principal of the bonds issued at their maturity. The street railway sinking fund shall be invested in such manner as the Board of Street Railway Commissioners shall decide. Deficiency Fund: Sec. 10. To the deficiency fund shall be credited and belong such moneys as shall be appropriated or assigned to cover the deficiency in the various other funds caused by the failure to collect taxes appropriated to such funds in any fiscal year.- There shall also be paid into the deficiency fund all back taxes collected for all years previous to the fiscal year then current. At the close of each fiscal year the Controller shall transfer from the deficiency fund to each fund for which an appropriation shall have been made by taxation that year the amount of money remaining uncollected of such appropriation. If there shall not be sufficient money in the deficiency fund at the close of any fiscal year to cover the amount of the entire tax levy for that year remaining uncollected, the Controller shall transfer from the moneys received from liquor licenses an amount equal to the difference between the total uncollected taxes for that year and the amount of money in the deficiency fund : Provided, that of the moneys received from liquor licenses during each fiscal year not less than fifty thousand dollars shall be held in reserve for the purpose of making such transfer. If at any time during the year the receipts from taxes for any fund shall be insufficient to pay the expenses for which that fund is constituted within the appropriation therefor, the Common Council may direct the Controller to advance to that fund from the deficiency fund an amount not to exceed the amount of taxes for that year due such fund. The amount of taxes thus advanced shall, upon either collection, be credited direct to the deficiency fund. Moneys Belonging to Any Fund Credited Thereto : Sec. 11. All taxes and moneys raised, received or appropriated for the purpose of any particular fund, shall be paid in and credited to such particular fund ; and all taxes and moneys not raised, received or appropriated for the purpose of any particular fund, shall be paid into and credited to the general fund, or such other fund as the Common Council shall direct. CITY CHARTER— CHAPTER IX. 73 Surplus in Any Fund : Sec. 12. The moneys belonging to the several funds and all moneys and taxes raised, received or appropriated for the purpose thereof, shall be applied for the j)urposes for which the funds are respectively constituted and for which these taxes and moneys are raised, received or appropriated : Provided, however, that if for any cause there shall be a surplus in any item in any fund, other than the sinking fund, over and above the actual amount expended for any work for which the moneys of any fund or item thereof was specifically raised, such surplus may, on a vote of two-thirds of the Aldermen be transferred, credited and used to supple- ment any other item or purpose in the same fund for which a sufficient sum has not been estimated, levied or collected, or may, in like manner, be set apart for the contingent expenses of the department for which the fund is constituted. Any moneys received from any source, other than by taxation, may be credited to such fund as the Common Council may direct, and may by a two-thirds vote of the Aldermen be used for any public purpose to supplement any item or items in any fund for which a sufficient sum has not been estimated, levied or collected. Transfer of Moneys : Sec. 13. Moneys shall not be transferred from one fund to another except as herein elsewhere provided, and the moneys received properly belonging to one fund, shall not be credited to any other or different fund. The Controller, for convenience, may divide the several funds above constituted into special funds, to defray special expenses, belonging to the same class of expenses for the pay- ment of which the several funds are herein constituted. II : Annual Budget. Departmental Estimates: Sec. 14. On or before the first Tuesday of February in the year nineteen hundred and fourteen and on or before the first Tuesday of January in each year thereafter each department shall transmit to the Controller an estimate of the amount of money required therefor for the ensuing fiscal year. Each depart- ment shall submit with its estimate a sworn statement as to the correctness and necessity of the same and the Controller shall not receive such estimate unless and until accompanied with such sworn statement: Provided, that the affidavit herein required of departmental heads in transmitting their estimates shall not be required in the year nineteen hundred and fourteen. Controller's Estimates: Sec. 15. The Controller shall receive the estimates of all departments trans- mitted to him as herein provided and add thereto his estimate of the amount of money required for all other purposes, including the various funds herein pro- vided. On or before the first Tuesday of March in the year nineteen hundred and fourteen and on or before the first Tuesday of February in each year there- after the Controller shall transmit all estimates to the Common Council; but at any time on or before the second Tuesday of March in the year nineteen hundred and fourteen and at any time on or before the second Tuesday of February in each year thereafter and not later he may add thereto and transmit to the Com- mon Council supplemental estimates which may have been omitted in the original estimates. No estimates shall be considered that have not been transmitted through, and bv the Controller. 74 CITY CHARTER— CHAPTER IX. Determination of Annual Budget : Sec. 16. On receipt of the estimates transmitted by the Controller the Com- mon Council shall proceed to consider them until and on the first Tuesday of April in the year nineteen hundred and fourteen and until and on the first Tues- day of March in each year thereafter, unless final action shall have sooner been taken thereon. The Common Council may revise and alter any estimate by increasing, decreasing or striking out any item, items or parts of items. When it shall have approved of the revised estimates item by item, it shall by resolution determine the amounts to be raised therefor by taxation or by the issuance of bonds : Provided, that the money for permanent public improvements of what- ever kind shall be provided for by the issuance of bonds, as herein provided; and provided further, that it shall not appropriate money for all other purposes to be raised by taxation the gross amount of which shall exceed two per cent of the assessed value of the real and personal property in the city as fixed the pre- ceding year, for city purposes, or authorize the issue of bonds, except mortgage bonds secured only on the property of any public utility acquired or built by the city, beyond the bonding limit of the city, as herein provided. Board of Estimates : Sec. 17. The Estimators holding office at the time of the adoption of this charter sliall constitute a Board of Estimates until the expiration of the term of office for which they were elected ; shall meet in session in the year nineteen hundred and fourteen on tlie first ^Monday of March; shall thereafter in the year nineteen hundred and fourteen meet in session after the first Tuesday of April and before the fourth Tuesday of April, at such times and place as the Common Council may by resolution direct; "shall consider the estimates transmitted to the Common Council by the Controller, a copy of which shall be transmitted to the board; shall make such recommendations concerning the estimates as they may deem necessary; and shall receive compensation at the rate of five dollars for each "member for each day on which the board shall be in session. The pro- ceedings of the board shall not be recorded or printed, and the City Clerk shall have no duties in connection with the board. Thereafter the board shall hold no other session, and at the expiration of the term of office of the Estimators holding office at the time of the adoption of this charter the office of Estimator shall be and is hereby abolished. Mayor's Power to Revise Budget : Sec. 18. When the Common Council shall have passed the resolutions making the appropriations for the annual budget, it shall transmit the same to the Mayor not later than the second Tuesday of April in the year nineteen hundred and fourteen and not later than the second Tuesday of March in each year thereafter. The Mayor may decrease of disallow altogether any item, items or parts of items in the budget and may decrease or eliminate altogether the amount contained in any resolution authorizing the issue of bonds in lieu of raising money by direct taxation to cover items in the annual budget : Provided, that he shall make a similar decrease or disallowance of the same item or items in the annual budget. The Mayor shall, not later than the fourth Tuesday of April in the year nineteen hundred and fourteen and not later than the fourth Tuesday of March in each year thereafter, return the resolutions pertaining to the annual budget to the Common Council with his reasons for any decrease or disallowance of any item, items or parts of items in the same. The budget as returned by the Mayor shall be correctly tabulated and totaled. Thereupon at its next regular session the CITY CHARTER— CHAPTER IX. 75 Common Council shall reconsider the vote by which any item, items or parts of items decreased or disallowed by the Mayor was adopted, but shall not take up for reconsideration any item the Mayor has not decreased or disallowed. Such reconsideration shall end on or before the second Tuesday of May in the year nineteen hundred and fourteen and on or before the second Tuesday of April in each year thereafter. No item decreased or disallowed by the Mayor shall be restored in its entirety or in part except by two-thirds vote of the Council. The resolutions pertaining to the annual budget shall take effect on the fourth Tuesday of May in the year nineteen hundred and fourteen and on the fourth Tuesday of April in each year thereafter. The Common Council may at any time correct clerical or technical errors in the budget or any of the proceedings relative to such budget. Ill: Assessment of Taxes Provision for Annual City Budget : Sec. 19. The Common Council shall annually levy, assess and collect taxes in a sum sufficient to provide for all appropriations in the annual budget, except as herein otherwise provided : Provided, that the Common Council shall not have power in any one year to levy, assess and collect taxes in a sum exceeding two per cent of the assessed value of the real and personal property in the city; and provided further, that the Common Council shall not appropriate any moneys derived from taxation for any permanent public improvement of whatever kind. Rut the provisions of this section shall not be construed to prohibit the Common Council from appropriating the necessary moneys from the money derived from taxation for the various funds herein provided. Time and Manner of Assessment : Sec. 20. Before the first day of April in each fiscal year, the Board of Assessors shall, within the limits of each ward respectively, assess at its true cash value all the real and personal property subject to taxation under the laws of the state. They shall also, within the same period, make out and complete the assess- ment rolls, one for each ward, in books to be provided for that purpose by the Common Council, and to be delivered to them on or before the first day of September in each year. In making their assessments the board shall be gov- erned by and shall be subject to the various provisions herein set forth. Assessment of Lots in Different Wards: Sec. 21. If any lot or lots shall lie partly in twc) or more wards, the same shall be assessed in the ward where the greater portion of such lot or lots is situated. Description of Assessable Property : Sec. 22. The Board of Assessors shall describe all lands, tenements and sub- divisions thereof, subject to assessment or taxation, by referring to the number and section of the lot, and the owner or occupant thereof, as such board may deem proper; but if the number and section of any lot, or the owner thereof can not be ascertained, then by such other sufficient description. If by mistake or otherwise any person may be improperly designated as the owner of any lot, tenement, or premises, such assessment or tax shall not for that cause be vitiated, but the same shall be a lien on such lot, tenement or premises, and collected as in other cases. 76 CITY CHARTER— CHAPTER IX. Assessment of Personal Property : Sec. 23. All taxes upon personal property may be assessed in any ward, whether the person assessed be a resident of such ward or not : Provided, only that the property so assessed shall be in such ward. The officer to whom any warrant for the collection of the same, or any tax or assessment on real estate is delivered, may execute the same by a levy and sale of any personal property in any ward, belonging to the person or persons chargeable with such tax or assess- ment. Power to Demand Lists: Sec. 24. The Board of Assessors shall have power and authority to demand of every person owning or having charge, as agent or otherwise, of any property taxable in any ward, a list of such property, with such description as will enable them to assess the same. The demand may be made in writing, and shall be delivered to such person or left at his place of residence, with some person of proper years and discretion. If the person of whom such demand shall be made, shall not, within ten days thereafter, deliver to the board a list of the property in the ward belonging to him, or under his charge, with a correct description of the same, or if he shall omit any such property in the list delivered, the board shall assess such property at its cash value upon such knowledge or information as may be satisfactory to them and according to their best judgment and discretion. Publication of Notice to Taxpayers : Sec. 25. The Board of Assessors shall cause to be published, as the Common Council may direct, for two weeks prior to the first day of April in each year, a notice to taxpayers that the assessment rolls will be completed on the first of April. Hearing of Complaints : Sec. 26. On and after the first day of April and until the third Tuesday of April, any person considering himself aggrieved by reason of any assessment, may complain thereof, either orally or in writing, before the Board of Assessors, and on sufficient cause being shown by the affidavit of such person, by oral proof, or by other evidence, to the satisfaction of the board, the board shall review the assessment complained of and may alter or correct the same as to the person charged thereby, the property described therein, and the estimated value thereof. The concurrence of a majority of the board shall be sufficient to decide any ques- tion of altering or correcting any assessment complained of. Completion of Assessment Rolls: Sec. 27. The Board of Assessors, or a majority of them, having completed the review and correction of the assessment rolls, shall sign, and on the sixteenth day of April, or, if the sixteenth day shall be a Sunday on the seventeenth day of April in each year, return same to the Common Council : Provided, that the completion and signing of the auxiliary book of the Board of Assessors' office shall be deemed a completion of the rolls : And provided further, that the receipt by the Common Council of the communication from the Board of Assessors annotmcing the completion of the rolls shall be deemed a delivery of the rolls to the Common Council. Review and Confirmation by Common Council : Sec. 28. On the sixteenth day of April, or, if the sixteenth day shall be a Simday, on the seventeenth day of April in each year, the Common Council sliall CITY CHARTER— CHAPTER IX. 77 meet in special session at ten o'clock in the morning (central standard time) to receive the assessment rolls. On the receipt thereof, it shall proceed to consider the same. Any person who shall consider himself aggrieved by the assessment of his property and the decision of the Board of Assessors thereon, may appeal to the Common Council. The appeal shall be in writing and shall state specifically the grounds of the appeal and the matter complained of, together with the address of the appellant. The Common Council while considering such appeals shall consider no other matter than that contained therein. It may refer the assess- ment rolls and appeals to a committee of the Common Council for consideration. Whereupon the committee shall give notice to any person who has filed an appeal of the time and place of the meeting therefor, which notice may be made in writ- ing and shall be delivered to the appellant or left at his (or her) place of residence or place of business with some person of proper age and discretion, or by regis- tered mail, to the address of the appellant. Any Assessor may, and, on the request by resolution of the Common Council or the committee, while acting upon the assessment rolls or appeals, shall meet with the Common Council or committee and make such explanations as he may deem requisite in any case. The Common Council or committee shall hear and determine all appeals in a summary manner. They shall correct any errors which they may discover in the assessment nills, and shall also'place thereon the names of any persons and the descriptions of any property not already assessed, and assess the same. They may increase or diminish any assessment as they may see fit: Provided, that they shall not increase any assessment of property without giving a reasonable opportunity to persons owning or having charge of the same, if known, to appear and object thereto. They may continue the consideration of the assessment rolls and hearing of appeals from session to session until the Saturday next preceding the first Tuesday of May in each year, on or before which Saturday the committee shall report to the Common Council their doings in the premises. The Common Council shall thereupon consider the same and may adopt, change or amend the same, in whole or in part. After due consideration thereof, but not later than the Monday next preceding the first Tuesday of May, the rolls shall be fully and finally confirmed by the Common Council, and when so confirmed shall remain as the basis of all taxes to be levied and collected according to property valuation, until another assessment shall have been made and confirmed as herein provided. Preparation and Delivery of Tax Rolls : Sec. 29. After the assessment rolls shall have been lully and finally confirmed by the Common Council, the Board of Assessors shall in each year cause the amount of all taxes in dollars and cents, authorized to be assessed and collected for the ensuing fiscal year, to be ratably assessed to each person named or lots described, upon and according to the aggregate valuation which such person or lots shall have been assessed in the assessment rolls, such ratable assessment shall be entered in books prepared for the purpose to be known as the tax rolls for each ward, a column showing the amount of city taxes assessed to each person or lots in each year. Upon the completion of the tax rolls and not later than the first day of July, the board shall deliver the same to the Controller, who shall cause the same to be delivered to the City Treasurer, and take his receipt therefor and charge him herewith. Local Assessments: Sec. 30. Whenever the Common Council shall order the opening, widening, vacating, altering, straightening, extending or abolishing of any highway, street. 78 CITY CHARTER— CHAPTER IX. alley, avenue or other thoroughfare, it shall first ascertain the cost and expense of the same and thereupon cause such portion thereof as it may deem just to be equitably assessed against the lots or parcels of real estate to be benefited thereby in proportion to the probable benefit to be derived therefrom. Whenever the Common Council shall order the grading and paving of any highway, street, alley, avenue or other thoroughfare, except boulevards, or the laying of any lateral sewer or drain, or the building of any sidewalks, or any other local improvement by which abutting or adjacent real estate shall be benefited, it shall first ascertain the cost and expense of the same and thereupon cause such cost and expense, except the cost and expense of grading and paving the intersection of cross-streets and alleys, and the cost and expense of building crosswalks and intersections of sidewalks, to be ratably assessed against the abutting or adjacent real estate to be benefited by such local improvement : Provided, that whenever the Common Council shall order the building of any sidewalks, it shall first give the owners or occupants of or parties in interest in the abutting real estate oppor- tunity to build at their own expense the sidewalks ordered in accordance with specifications fixed by the Common Council : Provided further, that in cases of grading and paving, where a side street opens on, but does not extend across, the street to be graded and paved, the space formed by extending the lines of the former street to the middle of the latter street shall, for the purposes of this sec- tion, be treated as the spaces formed by the intersection of cross-streets ; and Provided further, that all necessary platforms and curbings shall, for the purposes of this section, be deemed to be included within the term "paving." For the purpose of such assessment the Common Council shall create one or more local assessment districts of tlie real estate to be benefited by the local improvement. The work for each local asessment district shall be bid for and let separately. The bidding and letting shall show separately the cost and expense of that portion of the local improvement herein required to be assessed against the real estate to be benefited thereby and the cost anrl expense of that portion, if any, not herein required to be so assessed. Payment for Local Improvements: Sec. 31. The cost and expenses for that portion of any local improvements not herein required to be assessed against the real estate to be benefited thereby shall be a charge against the department, under whose supervision the work shall be done, in the same manner as any other expense incurred by that department. The cost and expense of that portion of the opening, widening, vacating, altering, straightening, extending or abolishing of any highway, street, alley, avenue or other thoroughfare, or of the grading and paving of any highway, street, alley, avenue, or other thoroughfare, except boulevards, or of the laying of any lateral sewer or drain, except arms, or of the building of any sidewalk, or of any other local improvement, which portion is herein required to be assessed against the real estate to be benefited thereby, shall be met in such manner as the Common Council shall by ordinance or resolution determine. Special Assessment Rolls: Sec. 32. Whenever the cost and expense of any lateral sewer or drain shall have been ascertained, as herein provided, the City Engineer shall prepare the proper assessment roll therefor. Whenever the cost and expense of any other local improvement shall have been ascertained, as herein provided, the Board of Assessors shall proceed to make out a list of all the lots or parcels of real estate, constituting a local assessment district, as herein provided, with the name of the CITY CHARTER— CHAPTER IX. 79 owner or occupant of, or parties in interest in, each lot or parcel of real estate, so far as the board can ascertain the same, and with the length of front of each lot or parcel of real estate, if the assessment shall be by length of front: Provided, that the board shall not be required to make out any sidewalk assessment roll until the bill for any sidewalk built as herein required shall have first been turned over to the board by the City Treasurer. The board shall then assess the cost and expenses of that portion of the local improvement, herein required to be assessed against the property in the list, upon the several lots and parcels of real estate, in the local assessment district, in accordance with such rules as the Common Council shall establish. The board, or in case of lateral sewer assessments, the City Engineer shall divide the assessment against each lot or parcel of real estate in parts as follows : For paving or lateral sewer assessments, four parts ; for sidewalk assessments, two parts ; for other local assessments, one part. On com- pleting the assessment roll, the board shall give notice, by at least five publications in the city paper, that such roll is completed, and will remain in their office for twelve days, from the first publication of the notice, for the inspection of all con- cerned. At the expiration of the twelve days, the board shall, after any needful revision and correction of the roll, sign the same and report it to the Common Council. The Common Council may thereupon confirm the same, or may, when it shall deem necessary, refer the same back to the board for further revision or corrections. When the same shall be corrected to the satisfaction of the Common Council, it shall, by resolution, confirm the same. After such confirmation, the assessment shall constitute a lien, until paid, upon the lots or parcels of real estate listed in the assessment roll. County and State Tax Rolls: Sec. 33. The Board of Assessors shall make copies of the assessment rolls as finallv confirmed by the Common Council, upon which they shall ratably assess the county and state taxes, as provided by the general laws of the state. IV : Collection of Taxes City Treasurer — Powers and Duties: Sec. 34. The tity Treasurer shall have the custody of all moneys, bonds, mortgages, notes, leases and evidences of value belonging to the corporation. He shall receive all moneys belonging to and receivable by the city, and keep an accurate account of all receipts and expenditures thereof ; but no receipt given by the City Treasurer shall be valid unless countersigned by the Controller. He shall pay no money out of the treasury except in pursuance of and by authority of law, and on a warrant signed by the Controller, which shall specify the purpose for which the amount thereof is to be paid. He shall keep an accurate account of, and be charged with, all taxes and moneys appropriated, raised or received for each fund of the city ; shall keep a separate account for each fund, and shall pay every warrant out of the particular fund constituted or raised for the pur- poses for which the warrant was issued, which warrant shall have the name of such fund indorsed thereon by the Controller. He shall exhibit to the Common Council annually, and as often and for such period as may be required, a full and detailed account of all receipts and disbursements since the date of his last annual report, classifying them by the funds to which such receipts are credited, and out of which such disbursements are made ; shall report to the Controller, at the end of each month, the amount received and credited by him to each fund, and on go CITY CHARTER— CHAPTER IX. what account received ; and shall also, when required, exhibit a general statement showing the financial condition of the treasury ; which account, report and state- ment shall be filed in the office of the Controller. He shall also possess and exer- cise such other powers as are herein specified or may be necessary for the proper discharge of his duties. Publication of Notice of Taxes : Sec. 35. Upon the receipt of the tax rolls, the City Treasurer shall give six days' notice by publication in the official daily newspaper. The notice shall state that the general tax rolls have been deposited with the City Treasurer, and shall contain substantially the provisions of the next two following sections. Such notice shall be a sufficient demand for the payment of all taxes on the tax rolls. Taxes Lien Against Property: Sec. 36. All city taxes upon personal property shall become a debt against the owner from the time of the listing of property for assessment by the Board of .Assessors shall be and remain a lien thereon until paid, and no transfer of the personal property assessed shall operate to divest or destroy such lien. The owners or occupants of, or parties in interest in, any real estate assessed for taxes hereunder shall be liable to pay every such tax or assessment. All city taxes on real property shall become and be a lien thereon on and after the first day of July following the levying of the same until paid. All city taxes upon personal prop- erty and real estate and special assessment thereon in addition to being a lien upon the property assessed, shall be and remain a debt against the owner of the prop- erty or his estate after his death, until the same shall have been paid. Such debt shall be unafl^ected by any statute of limitations. In all suits against the estate of such owner all persons having knowledge of the non-payment of the taxes shall be permitted to testify before any court or commission having jurisdiction of the matter. Payment of Taxes: Sec. 37. All city taxes shall become due and payable forthwith upon the receipt of the tax rolls by the City Treasurer. Payment of the taxes therein specified may be made to him at any time before the thirtieth day of December thereafter. No addition shall be made to taxes paid before the first of August. An addition of one per cent of every unpaid tax shall be made thereto on that day, and a like addition of one per cent on every thirtieth day thereafter until such addition shall amount to six per cent of such tax. Provided, however, that when a person shall, on or about the twenty-fifth day of July, hand to the City Treasurer a list of the property or properties on which he wishes to pay the taxes, and shall be unable to pay such taxes before the first day of August on account of a pressure of business in the City Treasurer's office, then he shall not be charged any percentage if he pay them by the tenth day of August. Upon the receipt of any tax the City Treasurer shall mark the same paid upon the proper roll and give a receipt therefor. Any person owning an undivided share, or other part or parcel or real property assessed in one description, may pav on the part thus owned by paying an amount having the same relation to the whole tax as the part on which payment is made has to the whole parcel. The person making such payment shall accurately describe the part on which he makes payment, and the receipt given and the record of the receiving officer shall show such description and by whom paid. Any person having a lien on propertv mav pay the taxes CITY CHARTER— CHAPTER IX. 81 thereon, and the same may be added to his Hen and recovered witli the rate of interest borne by the lien. Augmentation of Unpaid Taxes : Sec. 38. On the first day of January following the time when any tax shall become due and payable, the City Treasurer shall add to every such tax six per cent of the amount of the tax and of such additions as are herein specified. Such augmented tax shall thenceforth be the unpaid tax, and shall bear interest from that day at the rate of ten per cent, per annum till paid, except as herein otherwise provided. On or before the fifteenth day of January the City Treas- urer shall add to the tax rolls of the unpaid taxes of each ward an additional column, which shall show the augmented amount of every such tax. Immediately after completing such roll he shall cause a notice to be published in five succcessive numbers of at least two daily newspapers published in the city stating that the rolls of unpaid taxes have been made, that they will remain in his office, where such taxes may be paid until the first day of February following, and that there- after the property against which such taxes are assessed shall be advertised and sold as herein provided. Sale of Property for Unpaid Taxes: Sec. 39. On and after the first day of August in each year, and at any time until the taxes mentioned herein are paid, the City Treasurer, and the clerks or suborcjinates in his office, designated by him for that purpose, shall collect all unpaid taxes which are assessed against any property or value other than real estate. If such taxes shall remain unpaid until the first day of February next following, the City Treasurer and his clerks or subordinates, under the direction and in the name of the City Treasurer, shall forthwith levy upon and sell at public auction the personal property of any person refusing or neglecting to pay such tax, or collect the same through the courts. Six days' notice of any such sale shall be given by the City Treasurer, by publication in the official newspaper. Whenever such sale shall have been made, the proceeds thereof shall be applied to the payment of the taxes and percentage, and the expense of sale, and any surplus remaining thereafter shall be paid over to the owner of such property or other persons entitled to receive the same. The City Treasurer shall have power in the name of the City of Detroit to prosecute any person or corporation refusing or neglecting to pay such taxes or any special assessment by a suit in the Circuit Court for the County of Wayne, and he shall have, use and take all lawful ways and means provided by law for the collection of debts to enforce the payment of any such tax or any special assessment. The tax rolls shall be prima facie evidence of the indebtedness by such person and the regularity of the proceedings by which such tax or assessment was assessed and levied. Mortgages, Conveyances and Land Contracts: Sec. 40. No mortgage or conveyance of real estate or contract for the sale of any real estate shall be received or recorded by the Register of Deeds for the County of Wayne, unless all city taxes or special assessments on the property described in such mortgage, contract, or conveyance shall have been paid, nor unless the address of the grantee, mortgagee, or vendee shall be endorsed thereon. The City Treasurer shall upon request, furnish a certificate that such taxes have been paid, wdiich certificate shall be filed with the Register at the time of the delivery to him of such conveyance, mortgage, or contract, for record. Imme- diately upon the recording of any such conveyance, mortgage or contract, the 82 CITY CHARTER— CHAPTER IX. Register of Deeds shall deliver such instrument to the chief clerk of the Board of Assessors, who shall thereupon note upon the books of the board the change of ownership. List of Real Estate for Tax Sale: Sec. 41. On the first day of February in each year the City Treasurer shall make a list in books prepared for that purpose of all real estate on which taxes shall have been assessed for the current fiscal year and shall remain unpaid. The books containing this list shall be called sales books. The list shall contain an accurate description of each parcel of real estate, the amount of the augmented taxes and the name of the owner or occupant of or parties in interest in each parcel as it appears in the tax list. In a separate column in the sales books the City Treasurer shall add thereto an amount sufficient to cover the expense of advertising the real estate so listed for sale. The total of these sums with interest at the rate of ten per cent per annum shall thereafter be the amount required to be paid for the tax or any description before the sale of the real estate, as herein provided. In the sales books there shall also be a column in which the City Treasurer shall enter the name of the purchaser of any description, when the same shall have been sold. There shall be another column in which the City Treasurer shall enter the term of years for which the purchaser of any descrip- tion shall have agreed to take the parcel in consideration of paying the taxes and interest. Publication of Notice of Tax Sale: Sec. 42. On completion of the list contained in the sales books, the City Treasurer shall cause a notice to be published in the official daily newspaper once a week for four consecutive weeks, and to be posted in three or more public places in each ward, which notice shall contain a list of property and other details similar to that contained in the sales books. The notice shall require the owner or occupant of, or parties in interest in the lands described therein to pay the taxes and charges due thereon, and shall state that if default be made in such payment, the property will be sold at public auction, at a place and date to be specified in the notice, for the lowest term of years at which any person will offer to take the same in consideration of advancing and paying the taxes and charges due thereon. The notice shall be printed in the English language ; but the Com- mon Council may also cause the notice or any part thereof to be published in languages other than English at an expense not exceeding three thousand dollars per annum. Procedure of Tax Sales : Sec. 43. If such assessment or tax with costs, additions and charges shall not be paid within the period herein prescribed for the publication of the notice of sale, then the City Treasurer shall, without any further notice, sell such real estate at public auction, at the place and date specified in the notice, for the lowest term of years at which any person shall offer to take the same, in consideration of paying such assessment or tax, with the costs, additions and charges, and direct the execution of a proper certificate of such sale to the purchaser thereof: Pro- vided, that if any lot or parcel of land so offered for sale shall have been pre- viously sold for taxes assessed thereon in previous years and the same shall have been bid in at such previous sale or sales by the Controller for the city, the purchaser shall be required to pay to the City Treasurer the amount of all pre- vious bids, together with interest thereon from the time of such previous sales, at CITY CHARTER— CHAPTER IX. 83' tiie rate of ten per cent per annum. The certificate of sale shall provide that if such real estate shall not have been redeemed within one year after the date of the sale, the purchaser, on surrendering the certificate to the Controller, may receive a lease of the land therein described for the term therein stated. The certificate of sale, prior to the surrender thereof, as herein provided, may be assigned by the owner thereof, or, in case of his death, by the executor of his will or the aihninistrator of his estate, by assignment executed with the formalities required in the execution of deeds of real estate, properly witnessed and acknowledged. Supplementary Sale: Sec. 44. If any parcel of real estate on which the taxes shall not have been paid shall have been omitted in the published notice of sale for unpaid taxes and shall not have been sold at the time herein specified for such sale, the City Treasurer shall include the same in the list prepared by him next after the discovery of the omission, and shall then advertise and sell the parcel with the same efifect as if included in the list in which it originally belonged. Confirmation of Tax Sale : Sec. 45. On the conclusion of the public auction for the sale of real estate for unpaid taxes or assessments, the City Treasurer shall report all sales eflFected to the Common Council. The Common Council shall proceed to examine the same, and shall confirm such as it shall find satisfactory. It shall return all others, whether found unsatisfactory in whole or in part, tQ the City Treasurer for correction, or for re-advertising and re-sale, as may be necessary. No sale which shall have been finally confirmed by the Common Council shall thereafter be disallowed except in case the taxes shall have been paid prior to the sale or in case the property is exempt from taxation. Reissue of Certificate of Sale : Sec. 46. If a certificate of sale shall have been lost or destroyed, the City Treasurer shall, upon submission to him of satisfactory evidence of such loss or destruction, issue a duplicate of the original certificate. The evidence of loss or destruction must be in writing, proved by the oath of one or more per- sons to the satisfaction of the City Treasurer, who shall preserve the same in his office. Redemption of Property Sold for Taxes: Sec. 47. Any real estate sold for taxes, as herein provided, may be redeemed within one year after the date of the sale by payment to the City Treasurer, for the use of the purchaser, of the full amount of the assessment or tax for which such real estate was sold, and interest at the rate of ten per cent per annum, together with the amount of the costs and charges, and any sum or sums which the purchaser shall have paid to the City Treasurer on account of sales thereof for taxes assessed thereon for any previous years, together with interest thereon at the rate of ten per cent per annum. Upon such pay- ment, the term for which such real estate was sold shall cease and be deter- mined, and the City Treasurer shall enter in the sales book opposite the description of the property so redeemed the word "redeemed" with the date of the redemption. 84 CITY CHARTER— CHAPTER IX. Lease Conveying Real Estate Sold for Taxes: Sec. 48. If such real estate shall not have been redeemed within one year after the date of the sale, as herein provided, the Controller shall, in the name of the City of Detroit, execute and deliver to such purchaser, or his assignee, a proper lease for the conveyance of such real estate for the term for which the same was sold. This lease shall be prima facie evidence of the regularity of all the proceedings under which the sale was made and the lease executed up to the date of such lease. Any person, who under such lease may enter into such real estate and erect or place any building or other property thereon, shall have the right, either at the expiration of the term for which the same was sold or, in case he shall be ousted before the expiration of such term by any person claiming adversely to such lease, within three months after trial and judgment of ouster or ejectment, to remove such buildings or other prop- erty from such real estate. If the owner of a certificate of sale shall die before a lease for the real estate therein described shall have been executed, as herein provided, the Controller may issue the lease to and in the name of such owner. Such lease shall vest the title in the heirs or devisees of such deceased person in the same manner, and liable to like claims of creditors and other persons as if the same had been executed to such deceased person imme- diately previous to his death. In like cases, which have heretofore occurred, the same rule shall apply, and all leases and conveyances heretofore issued in the name of any deceased person, who, if living at the time of the execution thereof, would have been entitled thereto, shall have like efTect as herein provided. Real Estate Sold for Taxes, Taxable: Sec. 49. The sale of any real estate for taxes shall not exempt such real estate from ta.xation ; but such real estate shall remain subject to taxation in the same manner as if no sale had ever taken place. Liability of Person in Possession: Sec. SO. Any person in the possession of any real es.tate, at the time any tax is to be collected, shall be liable to pay the tax imposed thereon ; but in case any other person, by agreement or otherwise, ought to pay such tax, or any part thereof, the person in possession, who shall pay the same, may recover the amount from the person who ought to have paid it, in an action of assumpsit, as for moneys paid out and expended for his benefit, or may ileduct the amount from any rent due or to become due to the person who should have paid such tax. Conveyance or Lease Issued by Controller: Sec. 51. The Controller, or his deputy, may execute in the name of the city, and under its corporate seal, proper conveyances or leases of all real estate sold for assessments or taxes, which, when duly acknowledged by the Controller or his deputy, and attested by the City 'Clerk, may be recorded as other conveyances of land under the laws of this state. The leases so exe- cuted, if not recorded in the office of the Register of Deeds, may be returned to the Controller and cancelled at any time. Such cancellation shall termi- nate the rights of the lessee thereunder. Controller's Bid on Unsold Tax Titles: Sec. 52. The Controller shall bid in for the city, for a term of ninety-nin< years, at any sale of real estate for assessments or taxes, every lot of land nr CITY CHARTER— CHAPTER IX. S5 premises for wliich no person shall offer to bid. The City Treasurer shall thereupon enter in the appropriate column of the sales books the words "City of Detroit," as the purchaser. If any purchaser shall refuse or neglect to pay the sum or sums bid by him, within the time and under th^ regulations pre- scribed by the Common Council, such bids shall enure to the use and benefit of the city, if the Common Council so elect. Redemption of City Bids: Sec. 53. All real estate, bid in by the city, shall be redeemable at any time upon the payment of the amount of the original sale and interest thereon at the rate of ten per cent per annniii. Sale of City Bids: Sec. 54. The City Treasurer shall sell, under such rules and regulations as the Common Council shall prescribe, all real estate, bid in by the city; but no sale shall be for a less amount than the original bid with such interest as the Common Council shall direct. The purchaser of such real estate shall receive from the City Treasurer a certificate of sale in form similar to that issued by him at the time of the original sale, which certificate shall entitle the purchaser, on the surrender thereof to the Controller, to a lease of the real estate therein described for the unexpired portion of the term for which it was originally sold. Redemption Prior to Issue of Lease: Sec. 55. The owner or occupant of or parties in interest in any real estate sold for unpaid taxes may, after the expiration of the year of redemption, redeem the same at any time thereafter prior to the issuing of a lease on the surrender of the certificate of sale by paying to the City Treasurer for the owner of the certificate of sale the amount of the original bid thereon and one hundred per cent of that amount in addition thereto. The City Treasurer shall thereupon, on the surrender to him of the certificate of sale, pay to the owner thereof the entire amount which he shall have received for such redemption. Procedure of Possession Under Lease: Sec. 56. Whenever a lease shall have been issued on the surrender of a certificate of sale, as herein provided, the lessee shall not take possession of the real estate therein described until ninety days after he shall have served upon the owner or occupant of or parties in interest in such real estate, as shall appear by the last recorded deed conveying the title thereof and by the last recorded and undischarged mortgage or mortgages thereon, a notice sub- stantially in the following form: "To the owner of the real estate herein described and to the owner of the undischarged mortgage thereon : "Take notice that this real estate has been sold for the non-payment of taxes levied thereon by the City of Detroit, and that a lease has been issued by the Controller in pursuance of the sale. You are entitled to a release of the sale at any time within ninety days after service upon you of this notice, upon the payment to the undersigned of all sums paid upon the purchase of this real estate, together with one hundred per cent in addition thereto. If payment thereof is not made within thirty uch purpose and from no other. Liabilities Limited to Amounts in Funds: Sec. 76. The Common Council shall not, by warrant, draft or order on the treasury, or by any form of contract, create any liability or expense, for the pay- ment of which any particular fund is constituted, as herein provided, to a greater amount in the aggregate, for one year, than the amount of moneys raised for and paid into such fund for the year. All warrants, drafts, orders and contracts pay- able hereunder out of any particular fund and issued or made after the moneys raised for and paid into such fund shall have been exhausted by payments there- from, or liabilities created and to be paid out of such fund, shall be absolutely void as against the corporation. Competitive Bids: Sec. 77. No contracts for tlie purchase of any real estate, or for the con- struction of any public work whatever, or for any work to be done, or for the purchasing or furnishing any material, printing or supplies for the city, if the purchase of the real estate, or the expense of such construction, repairs, work, printing, materials or supplies shall exceed two hundred dollars, shall be let or entered into except to and with the lowest responsible bidder, with adequate security, after a notice calling for bids shall have been duly published in at least one daily paper of the city for such period as the Common Council shall prescribe : Provided, that the Common Council may cause any public work to be done by any department when so deemed advisable and ordered by a two- thirds vote of all the Aldermen-elect. Voiding of Contracts or Agreements : Sec. 78. No contract or agreement, written or oral, to which the city shall be a party, or to which any officer or board thereof shall ofificially be a party, for the construction of any pavement, building, sewer or performance of any public work whatsoever, or contract or agreement, requiring the expenditure, receipt or CITY CHARTER— CHAPTER IX. 93 ■ lisposition of money or property, by the city or any officer or board thereof, or creating any debt or liabiHty, shall be let, or entered into, either directly or indi- rectly, with any member of the Common Council, or other city officer, either as principal or surety. Any such contract or agreement thus let or entered into shall, be absolutely void. Before any contract to which the city shall be a party, or to which any officer or board thereof shall be a party for the construction or repair of any pavement, sewer, building or any other public work, shall be valid or binding upon the city, there shall be endorsed thereon by the Controller, a cer- tificate that the money proposed to be expended under such contract is actually in the treasury or an appropriation made therefor; and it shall be unlawful for the Controller to draw his warrant on account of any such contract not containing the certificate herein required. Provided, however, that such certificate shall not be required upon contracts for furnishing the city or any of its departments from time to time with printing, stationery, fuel, lumber and other miscellaneous sup- plies and material as the same may be required. Fiscal Year : Sec. 79. The fiscal year of the City of Detroit shall commence on the first day of July, and expire on the tliirtieth day of June, and shall not be subject to change by the Common Council. Controller's Report : Sec. 80. During the month of July in each year, the Controller shall submit to the Corrimon Council a full, complete, and detailed statement, with tabular lists, of all moneys received and expended by the city for the preceding fiscal year, showing on what account they were received and e.xpended, to what funds they were credited, and out of what funds they were paid, and classifying each receipt and expenditure under its appropriate head. In such statement he shall also give, by tabular lists and otherwise, such general information as may be necessary for an understanding of the pecuniary resources and liability of the city, and of the condition of each fund, and may make such recommendations concern- ing the same as the interests of the city may require. Financial Report of Departments : Sec. 81. The Common Council and the Controller or either, may, at any time, require from the various officers and boards of the corporation, and it shall be their duty to furnish, when required, and in such form as shall be required, full and particular estimates, in detail, of the expenses of the offices or departments for the current or next ensuing fiscal year, and also full and particular accounts, in detail, of their expenses for any past year or for any part thereof, or any transac- tion of such officer or board. Misappropriation of Funds: Sec. 82. If any officer shall, directly or indirectly, appropriate or convert any of the moneys, securities, or evidences of value or any property whatsoever belonging to the corporation, or any board thereof, to his own use, or shall directly or indirectly, and knowingly, appropriate or convert the same to any other purpose than that for which such moneys, securities, evidences of value, or property may have been appropriated, raised or received, or to any purpose not authorized by law, he shall be deemed guilty of wilful and corrupt malfeasance in office, and may be prosecuted, tried and convicted therefor, and on conviction, may be punished by a fine not exceeding one thousand dollars and imprisonment in the state prison. 94 CITY CHARTER— CHAPTER IX. or Detroit House of Correction, not exceeding three years, or either, in the dis- cretion of the court. Provision for Entertainments, Etc: Sec. 83. The Common Council may annually levy, assess and collect on the assessed value of all real and personal estate in the city, made taxable by the laws of this state, a sum not exceeding two thousand dollars, for the purpose of defray- ing the costs and expenses of receptions, entertainments, and celebrations to be expended from time to time therefor in such manner as the Common Council shall by resolution direct. CITY CHARTER— CHAPTER X. CHAPTER X. DIVISION OF PUBLIC SAFETY Administration of Public Safety: Sec. 1. The administration of public safety in, for and under the city, except as herein otherwise provided, shall be generally and particularly vested in the Department of Police, the Department of Fire Protection, the Department of Public Safety and the Department of Correction in the manner and with the powers and duties herein prescribed. I: Department of Police. General Powers of Commissioner: Sec. 2. The Commissioner of Police, as head of the Department of Police, shall assume and exercise the entire control of the police force of the city, shall possess full power and authority over the organization, government, appointments and discipline thereof, shall have the custody and control of all public property, bcoks, records and equipments belonging to the Police Department, shall at all times of the day and night, within the boundaries of the city, preserve the public peace and prevent crime, arrest offenders and protect rights of persons and prop- erty, guard the public health, preserve order and enforce all the laws of the state and the ordinances of the city, may change the titles of the second officers of police under him, designating such other titles as he may see fit, and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. Members of Police Force: Sec. 3. The Commissioner shall appoint a superintendent of police, a deputy superintendent, a captain of police for each thirty patrolmen called into service, one or more detectives, one captain and one sergeant of detectives, one sergeant of police for each fifty patrolmen, an attorney, surgeon, one or more roundsmen, doorman, janitors, anrl such regular patrolmen as the Common Council shall allow. He may also appoint as many additional patrolmen, with or without compensation, in time of special emergency or apprehended danger from riot or other cause, as he shall deem expedient. No member of the force shall be liable to jury duty, or to arrest on civil process while actually on duty. Patrolmen of Other Departments : Sec. 4. The Commissioner shall by direction of the Common Council and upon approval of the Mayor appoint persons of suitable character, who may be in the employment of the city and other departments, special policemen or patrolmen ; but such special policemen shall not be paid for their services as policemen from the city or county treasury. Such policemen shall possess the same powers as the regular patrolmen, obey the rules and regulations of the Commissioner, and con- form to the general discipline. 96 CITY CHARTER— CHAPTER X. Privately Employed Patrolmen : Sec. 5. The Commissioner shall by direction of the Common Council and the approval of the Mayor, on the application of any person or persons showing the necessity thereof, appoint and swear in any number of additional patrolmen at the charge and expense of the person or persons by whom the application shall be made to do duty at any place within the city. Patrolmen so appointed shall per- form duty only at the place designated in the application or by the Commissioner, shall hold office at the pleasure of the Commissioner, subject to the rules and regu- lations of the department, shall conform to the general discipline of the force and such regulations as shall be made for their government and may be removed at any time by the Commissioner without cause assigned therefor. They shall wear such dress and emblems as the Commissioner shall prescribe, and shall possess, as conservators of the peace, all the powers and privileges and perform all the duties of the force herein prescribed. But no such patrolman shall be appointed until he shall have paid to the Police Commissioner the sum of five dollars. Special Patrolmen: Sec. 6. The Commissioner may, in case of any emergency, riot, pestilence, invasion, or during any day of public election or celebration, appoint for a specified time as many special patrolmen from among the citizens of the city as he may deem advisable. During the term of service, such special patrolmen shall possess all of the powers and privileges and perform all the duties of patrolmen herein prescribed, and shall receive such compensation, not exceeding three dollars per day, as the Commissioner may prescribe. But nothing herein contained shall be held to give the Commissioner or patrolmen power to do anything in conflict with the powers of the Inspectors of Election. Patrolmen stationed at the polls on election days, shall perform all the duties and be subject to all the regulations, herein prescribed or prescribed by the laws of the state, relating to their attend- ance or to the attendance of constables at the polls on election day; but no con- stable shall receive compensation for attendance upon the polls. Sundry Appointments, Etc. : Sec. 7. The Commissioner may designate a member to perform the duties of sealer of weights and measures and another member as his assistant, if neces- sary. The persons so designated shall have exclusive power to, and shall during the time they shall be directed to do so, try, prove and seal all scales, beams, weights and measures used in the city for the purpose of buying and selling, without giv- ing any notice: Provided, that they shall not receive or charge compensation or fees for performing these duties other than their regular salary as members of the force. The Commissioner, through a proper member to be designated by him, shall collect all license moneys under the laws of the state, the charter and ordi- nances of the city, and shall account for and pay the same to the officer authorized by law to receive them. Tlie person designated shall have exclusive power to col- lect such moneys in the city. The Commissioner shall designate a member to per- form the duties of harbor master, and the person so designated shall have the exclusive power to perform such duties in the city under the ordinances of the city. The Commissioner shall also appoint from time to time, as he may deem fit, one or more city scavengers, who shall have the exclusive power to perform the duties of such employment in the city, and shall be liable to such penalties as are or may he prescribed by the ordinances. CITY CHARTER— CHAPTER X. 97 Deputy — Powers and Duties: Sec. 8. The Deputy Commissioner, in addition to such other powers con- ferred and duties prescribed by the Commissioner, shall be the property clerk of the department. As such he shall give bonds in an amount and with securities to be approved by the Commissioner, conditioned for the safe-keeping by him, and his rendition upon the order of the Commissioner, of all moneys and other prop- erty which shall come into his hands by virtue of his office. He may also admin- ister the constitutional oath of office to any member of the force when so required by the Commissioner, and may issue subpoenas, when directed by the Commis- sioner and attested in his name, to compel the attendance before the Commissioner of witnesses upon any proceeding authorized by the general rules and regulations, or upon the hearing of complaints. Superintendent — Powers and Duties: Sec. 9. The Superintendent shall make to the Commissioner quarterly reports in writing of the state of the force, with such statistics and suggestions as he may deem advisable for the enforcement of the police government and disci- pline. He shall also have such other powers as are herein provided or may be conferred by the Commissioner. The police force shall respect and obey the Superintendent as the head and chief thereof, subject to the rules, regulations and general orders of the Commissioner. In the absence of the Superintendent, the deputy superintendent shall have and exercise all the powers of the Superin- tendent. Public Hearing of Complaints : Sec. 10. The Commissioner shall be at his office in the central station and accessible to all persons desiring to confer with him or to make complaints touch- ing the conduct of any member of the force on at least two days in each week, for a period of not less than three hours each day. which days and hours he shall desig- nate in public orders ; shall act upon any such complaint within a reasonable time thereafter ; and shall direct the deputy commissioner to make proper records of the complaints and of his action thereon. Resignation From Force: Sec. 11. No member shall withdraw or resign from the force, unless he shall have first given the Superintendent notice thereof at least seven days in advance. Failure to comply with this requirement shall be punished by forfeiture of the pav which may be due to the member so failing. Pensions to Widows and Children: Sec. 12. Whenever any member shall be killed or die from the effects of injuries received while in the performance of duty, and shall leave a widow, his widow shall, during her life or until she shall remarry, be paid a pension of twenty- five dollars per month. When such member shall leave children, his widow shall be paid an additional sum of five dollars per month for each child so left. Upon her death or remarriage the pension of five dollars per month for each child ^hall be paid to the legal guardian thereof. When such member shall leave chil- dren but no widow, a pension of eight dollars per month for each child shall be paid to the guardian thereof, to be used in providing for the proper care, education and maintenance thereof. .'Kny pension paid on behalf of any child shall cease upon the death of such child or upon its attaining its sixteenth year. 98 CITY CHARTER— CHAPTER X. Pension for Total or Partial Disability: Sec. 13. Whenever any member shall become totally disabled from injuries received while in the performance of his duties, he shall be paid a pension of fifty dollars per month during his life or while such total disability shall continue. Total inability to perform manual labor, total loss of eyesight, loss of speech, or loss of right arm or both legs shall constitute total disability within the meaning of the Charter. Whenever any member shall, from the effects of injuries sustained while in the performance of his duties, lose his left arm, hearing, one eye, nose, one leg, loss of fingers on either hand, or of any other member of the body, which comes within the common law definition of mayhem, he shall be entitled to such pension as the Police Pension Committee, herein provided, shall allow, but such pension shall not exceed fifty dollars per month. Police Pension Committee: Sec. 14. Whenever any . person, shall be entitled to a pension hereunder, lie shall present a petition to the Common Council praying that he may be allowed the same. Upon the presentation of such petition, the President of the Common Council shall immediately appoint two Aldermen who, together with the Mayor, the President of the Common Council, the Controller and the Commissioner of Police, shall constitute the Police Pension Committee. The Mayor shall be chair- man of the committee. The committee shall consider the petition, determine whether the applicant is entitled to a pension hereunder, and report their deter- mination to the Common Council at its next regular meeting. If the committee shall find the applicant to be entitled to a pension, the Common Council shall order the name of the applicant placed upon a pension roll to be provided by the City Clerk, and thereafter the applicant shall be entitled to draw such pension, as herein provided, from the date of the death of the member or from the date of receiving the injury resulting in partial or total disability : Provided, that the City Clerk may fix a day in each month for the payment of such pension, notification of which day shall be sent to each person entitled to such pensions, and such day when fixed shall not be changed during the official term of the City Clerk. All determinations of the Police Pension Committee shall be final. Pension Warrants Drawn by City Clerk : Sec. 15. All pensions herein provided shall be paid by warrants drawn and signed by the City Clerk and countersigned by the Controller, upon the City Treas- urer. Special Pensioners Named: Sec. 16. The appropriate police pension provisions of this charter shall apply in the case of the widows and children of George Kimball, .^lonzo Bullard. .\lbert T. Thayer and Edward Schumaker. Retirement on Reduced Pay : Sec. 17. Whenever any member shall have become disabled or incapacitated while in the active performance of duty, and whenever any member shall have performed faithful service as a member for a period of not less than twenty-five years, the Commissioner shall, upon application of the member, retire him from regular active service, and place him upon the retired list, and the Commissioner may retire any member after a service of twenty-five years and place him on the retired list. Any member, when so retired, shall be paid, if superintendent, seventy-five dollars per month; if chief of detectives, seventy dollars per month; CITY CHARTER— CHAPTER X. 99 if deputy superintendent, sixty-five dollars per month; if captain, sixty dollars per month; if lieutenant, fifty-five dollars per month; if sergeant, fifty dollars per month ; if other member drawing a salary of not less than one thousand dollars a year, fifty dollars per month ; or if any other member forty-five dollars per month ; Provided, that the surgeon or some other competent physician, authorized by the Commissioner and acting in the premises, shall certify to the Commissioner in writing that such member is permanently, physically or mentally, incapacitated from regular active duty, which finding shall be approved by the Commissioner, and duly recorded. But no member shall be so retired until he shall have been duly notified by the Commissioner of intention to so retire him, and until he shall have had opportunity of being heard in opposition thereto. , Any member, deem- ing himself entitled to the benefits herein provided, may make a written applica- tion to the Commissioner for such benefits. Thereupon, the Commissioner shall appoint four members, two of whom shall be attached to the station or precinct to which the applicant belongs, who, together with the Commissioner, shall con- stitute a committee to hear and determine such application. If the committee shall grant the application, and if the surgeon shall in writing recommend such ac- tion, the Commissioner shall retire the applicant, as herein provided. Status of Retired Members: Sec. 18. Members on the retired list shall be subject to the orders and disci- pline of the department, shall perform such duties as may be required of them, and shall be subject to dismissal and to punishment in the same manner as mem- bers in the regular active service. Return of Retired Members to Duty : Sec. 19. The Commissioner may at any time require any member on the re- tired list, except those retired by reason of having served for twenty-five years, to be re-examined by the surgeon or some other competent physician authorized by the Commissioner to act in the premises. If on such re-examination any mem- ber shall be reported capable of performing regular duty, the Commissioner may require him to return to regular duty in the same rank or grade in which he was serving at the time of his retirement; nor shall he be reduced in rank and again retired until he shall have served for at least one year in active service on full pay Those Ineligible to Retirement on Pay : Sec. 20. Nothing in this act shall be construed to apply to special policemen or to patrolmen appointed at the request and expense of private parties; nor shall any person in the actual receipt of a pension for injuries received as a member draw any pay hereunder. Sources of Reduced Pay : Sec. 21. All rewards and proceeds of gifts and emoluments that may be al- lowed by the Commissioner to be given or paid on account of extraordinary ser- vices of members, all unclaimed money, the proceeds arising from the sale of un- claimed property, all dog license money received for licensing dogs, all dog fees for the capture of vagrant dogs, all moneys received from the sale and for release of dogs of any value, all fines imposed by the Commissioner upon members for violation of rules, and all moneys received from privately employed patrolmen shall be paid into the city treasury, and apply on the payment of the reduced salaries herein provided. 100 CITY CHARTER— CHAPTER X. Acceptance of Fees, Gifts, Etc. : Sec. 22. No member shall receive or share in, under any pretence whatever, any present, fee, gift or emolument for police services, other than the regular sal- ary and pay herein provided, except with the consent of the Commissioner. Every member shall return to the deputy commissioner, to be disposed of as herein pre- scribed, every present, fee, gift or emolument received by him, except when the Commissioner shall permit him to retain the same for his own use. The Commis- sioner shall dispose of all moneys and proceeds of all property received from this source as if the same had been paid or given for extraordinary services, as herein prescribed. No member shall receive or share in any fee, gift or reward from any person who may become bail for the appearance of any arrested, accused or con- victed person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate, or any fee, gift or reward in any case from any attorney-at-law who may prosecute or defend any person arrested or prosecuted for anv offense within the county of Wayne. No member shall directly or indirectly interest himself in behalf of or interfere in any man- ner whatever against persons arrested or accused, except in the performance of the duties of his office. The Commissioner shall immediately remove from office any member who shall violate any of the foregoing provisions. Entering of Saloons, Etc., Prohibited: Sec. 23. No member of the force shall, while on duty, enter any drinking or gaming saloon or other place where liquors are sold to be drunk on the premises, or house of prostitution, except for the purpose of discharging some of the duties of his office. Books, Registers, Records, Etc. : Sec. 24. The Commissioner shall cause to be kept general complaint book^, in which shall be entered every complaint preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant, books for the registry of lost, missing or stolen property for the general convenience of the public and of the force and books of record in which shall be entered the name of every member of the force, the time and place of his nativity, the time and place of his becoming a citizen (if born out of the United States), his age, his former occupation, the number of his family and the residence thereof, the date of his appointment and, if dismissed, of dismissal from office, with the cause of the latter. In every such record sufficient space shall be left against all such entries for recording in the number of arrests of each member and any special service deemed meritorious by the Commissioner. The Commissioner shall also cause to be kept in proper books the accounts of the department, and a record of its pro- ceedings : shall cause to be kept and bound all police returns and reports ; shall preserve and file copies of all bills audited and allowed by him. and shall keep an accurate account of all expenses of the department. Police Precincts and Stations: Sec. 25. For more effectually distributing and enforcing its police govern- ment and discipline, the Commissioner shall, without regard to ward boundaries, divide the city into precincts, and assign captains of police, or other proper officer of police, to each precinct, as he shall deem for the best interests of the city. He may from time to time establish a station or substation in each precinct for the accommodation of the police force on duty therein. He shall provide all neces- sary accommodations in each precinct station house for the lodging of vagrant* CITY CHARTER— CHAPTER X. 101 antl disorderly persons, and for the detention of persons arrested for offenses. He shall suitably furnish, warm and light the same by day and night. He shall also provide food for any person or ])ersons detained in any station house, when the officers of police in charge shall deem food necessary for such person or per- sons. Place of Detention for Witnesses: Sec. 26. The Comriiissioner shall also provide suitable accommodations in the city for the detention of witnesses who may be unable to furnish security for their appearance in criminal proceedings ; but such accommodations shall be in places other than those for the detention of persons charged with crime, fraud or dis- orderly conduct. All magistrates shall, in committing witnesses, have regard to the rules and regulations of the department in respect of their detention. Witnesses Before Commissioner, Etc. : Sec. 27 . The Commissioner, deputy commissioner and superintendent may administer, take, receive and subscribe all affirmations and oaths to witnesses sum- moned and appearing in any matter, proceeding, or hearing before the commis- sioners, or to any depositions necessary under the general rules or regulations. Any witness or any person making depositions before any of the three officers of police herein named, who shall wilfully and corruptly swear falsely, to any material fact in any necessary proceedings under the rules and regulations, shall be guilty of perjury, and, on conviction, shall be punished accordingly. The pro- vision of law now existing in respect of the attachment of witnesses before Jus- tices of the Peace and their compulsory attendance for the purpose of testifying before them shall apply in the case of, witnesses subpoenaed before the Commis- sioner. Service of Process in Criminal Cases, Etc. : Sec. 28. The members of the force shall serve all process within the city issu- ing from the Recorder's court, the police court, and the Justices of the Peace in criminal cases, whether directed to the sheriff, constables or otherwise. They shall be detailed by the proper officers of police to attend all courts of criminal j'.iris(l!clion of the city instead of deputy sheriffs or constables. They shall per- form all the duties now performed by deputy sheriffs in serving writs, executing orders of the court, attending the court, conveying prisoners to and from the county jail for arraignment or trial before the court, and in conveying prisoners to tlie house of correction, the reform school, county jail, state prison or other place of punishment or imprisonment, under the judgment, sentence, order or process of the court. In no case shall deputy sheriffs or any constable of the city receive or be paid, by the countv or state, any fee or compensation for services herein provided, to be performed by members of the force. The actual expen-^es of travel and of performing duties under this section shall be paid by the County of Wayne, upon bills allowed by the Commissioner. Pursuit and Apprehension of Criminals: Sec. 29. Whenever any crime shall be committed in the city, and the person or persons accused or suspected of being guilty shall flee from justice, the Com- missioner may authorize any person or persons to pursue and arrest such accused or suspected person or persons, and return him or them to the proper court having jurisdiction of the offense for trial. In all cases in which criminals shall be charged with ofi'enses in the city, the Commissioner shall audit and allow all bills 102 CITY CHARTER— CHAPTER X. for traveling expenses incurred by members of the force or by any other officer or person in the pursuit of criminals, and shall present the same to the Board of County Auditors of the County of Wayne for payment. The Board of County Auditors shall not allow or cause to be paid by the county any bill or account for the pursuit or apprehension of criminals, charged with or suspected of the com- mission of crime in the city, unless the bill or account shall be presented by the Commissioner and endorsed as allowed by him. Powers of Arrest, Detention, Etc. : Sec. 30. The Commissioner, superintendent, deputy superintendent, or any member, who shall have just cause to suspect any felony is being, or is about to be, committed within any building, public or private, or on any wharf or inclosure. or aboard any ship, boat or vessel within the city, may enter the same at all hours of the day or night to take all necessary measures for the effectual prevention of all felonies, may then and there take into custody all persons being concerned in such felony, and may also take charge of all property which he or they shall have then or there just cause to suspect to have been stolen. The Commissioner or any officer of police shall cause to be brought before one of the police justices of the city at the police court, within a reasonable time after arrest, every person arrested by any member on suspicion of felony, or for any other cause. The police justice, before whom such person shall have been brought, on hearing the grounds of the charge may by written order remand such person to the custody of the police for a period of twenty-four hours. He may also from time to time renew such remand at intervals of twenty- four hours ; Provided, that no such person shall be actually detained in prison for more than ten days by such order. If such person shall furnish a bond in such amount and with such sureties as the police justice may order, conditioned that the suspected person shall appear in the police court on a day named and from day to day thereafter, as the police justice may order, to answer to any charge that may be presented against him, he shall on furnishing the required bond, be discharged from custody. The members shall also serve and execute all process and subpoenas issued in the Recorder's court and the police court. Treatment of Persons Arrested: Sec. 31. In every case of arrest the member making it shall report it to the captain or sergeant on duty in the precinct in which the arrest shall have been made. The captain or sergeant shall, as soon as practicable after such notice, make a written return thereof according to the rules and regulations, together with the name of the person arrested, offense, place of arrest and place of deten- tion. All persons arrested by the force shall be detained, while in their custody, only in the places provided for that purpose. Necessary and usual articles of clothing or personal apparel upon the person or in the possession of persons arrested and detained shall not be taken or seized, unless there shall be reason to suspect that the same has been stolen or obtained unlawfully. No trial or exami- nation of any person arrested shall be held in the office of the superintendent or of the Commissioner. Every person arrested by the police, charged with the vio- lation of any city ordinance, shall be entitled to give special bail for his appear- ance to answer to such charge ; but no member of the police force shall become or furnish bail for any person arrested. Houses of Prostitution, Gaming Houses, Etc. : Sec. 32. If any member, or any two or more householders, shall report in writing, over his or their signatures to the superintendent that there are good CITY CHARTER— CHAPTER X. 103 grounds, which grounds shall be stated in the report, for believing any house, room or premises within the city to be kept or used as a bawdy house, house or place for the resort of prostitutes, common gartiing house, common gaming room, or common gaming premises for therein playing for wagers of money at any game of chance, or for the deposit or sale of lottery tickets or lottery policies, or cock- pit, or place for harboring criminals, concealing stolen property, or carrying on any trade, occupation, calling, practice or act prohibited by law, the superintendent may in writing authorize any one or more members to enter the same. Such mem- ber or members may forthwith enter and arrest all persons therein found, seize all implements of gaming, lottery tickets, or lottery policies, and convey any person so arrested before a magistrate, and bring the articles so seized to the deputy commissioner. The superintendent shall cause any person so arrested to be prose- cuted vigorously and the articles seized to be destroyed, as the orders, rules and regulations of the department shall direct. Procedure Regarding Burglars' Tools: Sec. 33. Members of the force shall seize all burglars' tools wherever found, and if the owner thereof can be discovered, they shall complain of him. If he shall be found guilty under such complaint, the superintendent or some captain shall destroy or so mutilate the tools that they cannot be used for burglarious pur- poses again ; but if the owner shall not be found guilty the tools shall be returned to him. If the owner of the tools shall not be found within ten days after their seizure, the superintendent or some other member shall take the same to the police justice, and make oath before him of the time when and place where the tools were found. If the police justice shall find that the tools are burglars' tools, he shall order the same to be destroyed by the superintendent or some cap- tain; but if, upon the examination of any person upon complaint hereunder, he shall decide that any of the tools are not burglarious, such tools shall be returned to the owner. If, upon the tools being brought before him, the owner of which cannot be discovered, he shall decide that all or part of them are not burglarious, such as he shall decide to be not burglarious shall be left and disposed of in the same manner as is provided for property found by the police. Disposal of Stolen and Other Property : Sec. 34. ]\Iembers who shall officially seize any stolen or other property taken or found in the possession of any person or persons arrested, shall deposit all such with the deputy commissioner who shall keep the same in a place to be designated by the Commissioner. If any member shall neglect or refuse to deposit the property, as herein provided, he shall be guilty of a misdemeanor and subject to indictment on information. Upon conviction he shall be fined in a sum not less than the value of the property, nor exceeding three thousand dollars, and be imprisoned for not more than one year. The sentence of the court shall operate to remove the person so convicted from office. All property or money taken on suspicion of having been feloniously obtained or of being the proceeds of crime and for which there is no other claimant than the person from whom it was taken, all lost property coming into the possession of any member, and all property and money taken from pawnbrokers as the proceeds of crime, or from any insane or intoxicated person or persons otherwise incapable of taking care of himself or themselves, shall be registered by the deputy commissioner in a book kept for that purpose, together with the name of the owner, if ascertained, the name of the place where found, the name of the person from whom taken, the general circum- stances and date of its receipt and the name of the officer recording the same. If 104 CITY CHARTER— CHAPTER X. the owner's name shall not have been ascertained, tlie deputy commissioner shall advertise all such property and money in such a manner as the rules and regula- tions of the department shall prescribe. An inventory of the money or other property shall be given to the person from whom the same shall have been taken. If no other person or persons shall claim such money or other property within ten days of such arrest and seizure, the same shall be delivered to the person from whom it shall have been taken, and to no other person, except by order of the Commissioner. If said money or other property shall, within ten days, be claimed by any other person than the one from whom it shall have been seized, the deputy commissioner shall retain the same until after the discharge or conviction of the person from whom the same shall have been taken. If the claimant or claimants shall, to the satisfaction of the court before which the person from whom such money or property shall have been taken shall have been brought, establish that he or they are the rightful owners of the same, the same shall be restored to him or them upon the order of the court. But if the court shall make no order, the prop- erty shall be returned to the accused personally. All property and money which shall remain in the custody of the deputy commissioner for the period of six months without any lawful claimant thereto shall belong to the police health insur- ance fund. Thereupon the deputy commissioner shall advertise all such property three times in some newspaper of the city, sell it and pay the proceeds, together with all such moneys, to the City Treasurer for the fund. Nuisances, Fires, Strangers, Etc.: Sec. 35. The Commissioner shall cause nuisances existing in the public streets, roads, places, highways, yards and outhouses to be removed ; shall report all leaks and defects in water pipes and sewers and all defective and dangerous sidewalks to the proper authorities ; shall provide a proper force at every public fire to pro- tect the firemen in the performance of their duties, and to preserye property for the owners thereof ; and shall protect strangers and travelers at steamboat land- ings and railway stations. Disorderly Persons: Sec. 36. Any person who is a pimp, or procurer, or gambler, or who is a vagrant tramp, or who frequents houses of ill- fame, or places where gaming for money is carried on, or any person in whose possession burglar's tools shall be found, for the possession of which he cannot account satisfactorily ; any person who is a disorderly person as defined by the laws of the state ; any female who is a prostitute or any person who maintains or carries on a house of prostitution or assignation, shall be deemed a disorderly person and shall be complained against, examined and dealt with in such manner as is or mav be provided by the laws of the state for disorderly persons. Misdemeanors Against the Force, Etc. : Sec. 37. Any person who shall, without justifiable or excusable cause, use personal violence upon any elector while attending the polls on any election day, or upon any member of the force when in the discharge of his duty ; or who, not being a member of the force, shall falsely represent himself with a fraudulent design as being a member, shall be guilty of a m-isdemeanor, and on conviction, shall be punished by imprisonment in the county jail for not more than 90 days. Requisition of Information : Sec. 38. The Commissioner shall, when consistent herewith, furnisli all information desired and comply with all requests made by the Common Council CITY CHARTER— CHAPTER X. 105 or by the Mayor, to quell riots, suppress insurrections, protect the property anil preserve the public tranquility. II: Department of Fire Protection. General Powers and Duties: Sec. 39. The Fire Commission as head of the Department of Fire Protection shall possess and exercise fully and exclusively all the powers and perform all the duties pertaining to the government, management, maintenance and direction of the department and of the premises and property thereof, and shall have sole and exclusive power and authority to extinguish fires in the city. It may adopt a common seal and direct its use. It shall provide in and for the city all needed supplies, horses, tools, implements, engines and apparatus of all kinds for the extinguishment of fires ; select suitable locations for engine houses, reservoirs, and fire hydrants, and buy and sell the same in their discretion ; construct, repair and maintain engine houses, reservoirs and fire hydrants, as they shall judge best, except as herein otherwise provided, send in its discretion any steam fire or other engines, with hose and apparatus, to the relief of any community in the vicinity; collect fines and penalties imposed by the city for the more efifective prevention of fire? and the better protection of life and property ; pay the same to the City Treasurer to apply on the payment of the expenses of the department ; and have such other powers as are herein prescribed or may be necessarv for the proper discharge of its duties. Members of the Fire Force: Sec. 40. The Commission shall appoint a fire marshal, one or more assistant fire marshals, a chief engineer, one or more assistant engineers, and such engineers, foremen, drivers, pipemen, firemen and employes as may be necessary for the efficient working of the department. Firemen, while in the employ of the depart- ment, shall be exempt from military and jury duty. The fire marshal shall, by virtue of his office, be vested with the powers of policeman, and shall hold office at the pleasure of the Commission. Leave of Absence : Sec. 41. The leave of absence of all employes of the department shall be, for each employe, one day of twenty-four hours ofif duty in every four days and a furlough of twenty days in each year, of which at least ten days shall be consecu- tive. Retirement on Half-Pay: Sec. 42. Whenever any person shall have been an employe of the department for a period of twenty-five years subsequent to the twenty-fourth day of Octobfer in the year eighteen hundred and sixty, he may be placed, by order of the Com- mission, on the list of retired firemen on account of disability. Whenever any employe shall hereafter be totally disabled in the discharge of his duty, he may in like manner be placed on the list of retired firemen. Any member who so retires shall be paid as follows : chief of the department and assistants, seventy- five dollars per month ; captains, sixty dollars per month ; lieutenants and engineers of apparatus, fifty-five dollars per month ; and all others fifty dollars per month. But the provisions of this section shall not be construed to apply adversely to any member of the department who shall at the time of the 106 CITY CHARTER— CHAPTER X. adoption of this charter be in the employ of the department. Whenever any employe shall be retired, as herein provided, the Commission shall forthwith report its action to the Controller, giving the names of the persons retired, together with a full statement of facts connected with the retirement thereof. The Controller shall register the names of such persons as being retired fire- men of the Department of Fire Protection. List of Retired Firemen : Sec. 43. The secretary shall keep a book to be known as the list of retired firemen. This book shall contain a full and complete history and record of the action of the Commission in retiring any and all employes hereunder, including the name, date of joining the department, date of retirement, and the reason therefor, if any, of each and every employe retired. Pensions for Widows, Children, Etc. : Sec. 44. Whenever any employe of the department shall, in the discharge of his duty, be killed or receive injuries resulting in death within one year thereafter, and shall leave a widow, the widow shall, by order of the Commis- sion, be paid a pension of twenty-five dollars per month from the date of death during her life, or until she shall remarry. Whenever such employe shall leave a mother dependent upon him for support, but no widow or chil- dren, the dependent mother shall receive a pension of the same amount and under the same limitations as if she had been tlie widow. \Mienever such employe shall leave one or more children, but no widow, the child or children under sixteen years of age, shall receive a pension of twenty-five dollars a month to be equally divided among them. Whenever a widow receiving a pension shall die and shall leave any child or children of such employe under six- teen years of age, the pension shall be paid to them to be equally divided among them. In either case, such proportion of the pension as each child shall receive, shall be paid to it monthly until it shall attain sixteen years of age or until it shall sooner die. In case of the death of one or more children, the surviving child or children, while under sixteen years of age, shall receive the share of the pension belonging to the deceased child or children. Applications for Pension: Sec. 45. When the v/idow, children, or dependent mother of any deceased employe of the department shall be entitled to a pension as herein provided, such widow, children, or dependent mother shall make application therefor to the Commission through its secretary on a form to be provided by the Commission. The application shall be accompanied with proof of marriage, if the widow shall be the applicant, or of birth, if the children shall be the ap- plicants, or of dependency, if the mother shall be the applicant. Proof of marriage to the deceased shall be established by the marriage certificate or other competent evidence of the marriage relation, proof of birth shall be shown by the certificate of the attending physician, and proof of dependency shall be shown by affidavit of the mother and two disinterested persons. All applications and proofs shall be retained in the custody of the Commission. Whenever the Commission shall allow applications for pensions, it shall give due notice of such action, together with the names of the pensioners, to the Controller, who shall register such persons in his office as pensioners of the Department of Fire Protection. CITY CHARTER— CHAPTER X. 107 Payment of Pensions : Sec. 46. The Commission shall, at its last meeting in each month, order the payment of moneys due all persons hereunder. A voucher shall be pre- pared for the payment of each person entitled to moneys, the correctness of which the chairman of the finance committee of the Commission shall certify to, and the fact of the allowance of the claim shall be duly attested by the President. Pursuant to such order, the secretary shall draw his warrant on the Controller for the payment of such moneys. The warrant shall state the object for which it is drawn and shall be countersigned by the President. But before issuing any warrant for the payment of a pension, the secretary shall under oath examine all pensioners with a view of ascertaining if they are at that time entitled to a pension as herein provided. Whenever the secretary shall learn that any person has ceased to be entitled to a pension as herein provided, he shall record the fact on the roll of pensioners and forthwith notify, the Controller of such disability. Thereupon such person shall be dropped from the rolls. Upon presentation of the warrant, the Controller shall draw his warrant on the City Treasurer for the amount of the original warrant. All payments hereunder shall be made on the first secular day of each month. But when any claims for pensions shall be allowed after the first day of April in each year, there shall be no payment until after the beginning of the ensuing fiscal year; Provided, that the first payment shall be for the period intervening between the date of allowance of such pension and the date of making such first payment. Fire Marshal — Powers and Duties: Sec. 47. The Fire Marshal shall, where practicable, be present at all fires in the city ; when necessary, make recommendations of precautionary meas- ures for the prevention of fires ; prevent the transportation and storing within the city limits of all explosive oils, naptha, benzine, or their products, under whatever name ; fireworks, fire-crackers, powder, nitro-glycerine, dynamite, or any other dangerous substances, except only in such quantities as the Com- mon Council may by ordinance allow; enforce all ordinances governing the same, and the cleaning of chimneys ; on or before the fifteenth day of February in each year make a detailed report to the Commission of all business trans- acted in his office during the year, which report shall be embodied in the annual report of the Commission ; and perform such other duties as the Com-' mission may require. Right of Way : Sec. 48. The department, with apparatus of all kinds, shall have the right of way, going to and at any fire, or in any highway, street or avenue, over any and all vehicles of any kind, except those carrying United States mail. -\ny person in or upon or owning any vehicle, who shall refuse the right of way or in any way obstruct any fire apparatus or any employe of the depart- ment while in the performance of duty, shall be guilty of a misdemeanor, and, on conviction, shall be punished accordingly. Inquiry Into Origin, Etc., of Fires: Sec. 49. The Fire Marshal shall examine into the cause, circumstances and origin of all fires occurring in the city by which any building, erection, ves- -el or valuable personal property shall have been accidentally or unlawfully burned, destroyed or damaged. He shall especially inquire and examine 108 CITY CHARTER— CHAPTER X. whether such lire shall have been the result of carelessness or the act of an incendiary. He shall take the testimony, under oath, of all persons thought to be cognizant of any facts connected with such fire. He shall have the testi- mony reduced to writing and transmit it to the Commission, together with a report embodying his opinions and conclusions thereon. He shall also report to the Superintendent of Police, to the Prosecuting Attorney of the County of Wayne, to the Detroit Board of Underwriters, and to the owners of the property or other persons interested in the subject matter of such investiga- tion, any facts or circumstances ascertained by him which shall, in his opinion, require attention from or by any of them. Right of Entry for Inspection: Sec. 50. The Fire Marshal shall, from time to time, under tlie direction of the Commission, inspect all buildings, warehouses, shops, yards and places in the city for the purpose of enforcing the ordinances for the prevention of fires. In the performance of such duties he may enter into and upon any private property, and any person who shall refuse or obstruct such right of entry shall be deemed guilty of a misdemeanor, and, on conviction, shall be pun- ished accordingly. Extension of Fire Limits : Sec. 51. The Common Council may, on recommendation of the Commis- sion, or of the property owners interested, extend the fire limits over all such parts of the city as are thickly settled, and over such other parts as may be deemed necessary, to prevent the spread of fires. Enforcement of Fire Ordinances : Sec. 52. The Commission shall cause to be enforced all ordinances and provisions of law governing the prevention and extinguishment of fires, and may at any time call upon the Commissioner of Police for aid in the enforce- ment thereof, which aid, when requested, shall be promptly rendered. Annual Report: Sec. 53. The Commission shall, on or before the first Monday in April in each year, make a written report to the Common Council of the condition of the department, together with a list of fires, alarms, losses and insurances on all property destroyed during the year. The Common Council may also at any time require any information respecting the same, the disclosure of which will not impair the usefulness and efficiency of the department. Monthly Financial Report, Etc.: Sec. 54. The Commission shall, once each month, file with the Controller and City Treasurer a report giving the dates of collection, the names and the amounts of all moneys collected by the Fire Marshal for permits or certificates, and also of all amounts collected for penalties on information given, or com- plaints made by him ; shall also report all moneys received from the sale of Fire Department property, real estate, horses, old hose or material of any kind ; and shall at the time of filing the report pay all moneys so collected into the city treasury to apply on the expenses of the department. CITY CHARTER— CHAPTER X. 109 III: Department of Public Safety. Qualifications of Commissioner : Sec. 55. The Commissioner of Public Safety shall have, in addition to such qualifications as are herein required of all departmental heads, both theoretical and practical knowledge of the work of at least one bureau in his department. Before assuming office, he shall file with the City Clerk a sworn statement of his experience and training. General Powers and Duties: Sec. 56. The Commissioner, as head of the Department of Public Safety, shall have general supervision and control of all inspection of electric wires, buildings, plumbing, drainage, gas water-heaters, boilers, steam-actuated machin- ery and other apparatus dangerous to life and property, of the issuing of licenses and of the signal service system in the city; shall, by general rules and regulations, prescribe fees for examinations, permits, licenses, inspection of electric wiring, boilers, buildings, elevators, plumbing and all other inspec- tion work of the department ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. Annual Report : Sec. 57. Un or before the first day of April in each year, the Commissioner shall make a written report to the Common Council of the business of the department, in which he shall show the revenues and income of the depart- ment and the expenses of the department, and shall make an estimate of the revenues and income of the department for the ensuing fiscal year. Disposition of Income: Sec. 58. All fees collected in whatever manner for examinations, permits, licenses, inspection of electric wiring, boilers, buildings, elevators, plumbing and all other inspection work of the department shall be deposited with the Commissioner, who shall pay the same to the City Treasurer to apply on the expenses of the department. Bureaus of Administration: Sec. 59. The administration of the business of the department shall be divided into the Bureau of Electric Inspection, the Bureau of Boiler Inspec- tion, the Bureau of Building Inspection, the Bureau of Plumbing Inspection, the Bureau of Signal Service and such other bureaus as the Common Council may provide. Each bureau shall be in charge of a superintendent. Appointment of Superintendents: Sec. 60. Applicants for the position of superintendent of any bureau shall submit to such competitive examination, conducted by the Civil Service Com- mission, as the Commissioner shall require. General Powers of Superintendents : Sec. 61. Each superintendent shall, subject to the approval of the Com- missioner, supervise and control the administration of his bureau; make rules and regulations for the conduct thereof; and have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. 110 CITY CHARTER— CHAPTER X. Board of Examiners: Sec. 62. The superintendents shall constitute a Board of Examiners. The board shall make all needful rules and regulations for and supervise the exam- ination of all applicants for licenses to engage in work under the supervision of any bureau ; shall, when necessary and with the approval of the Commis- sioner, call in experts for advice on any and all questions pertaining to the examination of applicants; and shall issue licenses to such applicants as shall be found on examination to be competent for the work covered by the licenses. Each license shall specify the class or classes of work the licensee may do thereunder. Regulation of Electric Installation: Sec. 63. The superintendent of the Bureau of Electric Inspection shall be an electrician of known ability ; shall control and regulate the installation of all electric wires, cables and conductors of whatever nature, location of poles and conduits in streets and alleys, subject to the street opening regulations as herein provided, inside wiring of every description, setting-up of electrical machinery and installation of wireless apparatus ; and shall make all needful rules and regulations governing the same ; Provided, that the national electric code of the National Board of Underwriters shall guide in the work of the bureau. Bonds for Electrical Work: Sec. 64. Any person who shall engage in the business of electrical work shall, before entering upon such work file a bond as the Commissioner of Public Safety may require, said bond to guarantee that the work done shall be up to all requirements both in workmanship and material according to the rules of the department. Permits for Electrical Work: Sec. 65. Before any person, firm or corporation shall begin the work of electric wiring, installing electric apparatus or machinery, the placing of poles, conduits, cables or wires or the installation of wireless apparatus, he shall apply to the superintendent of the Bureau of Electric Inspection for a permit. The superintendent may issue such permit upon the payment of the permit fee and the filing of the necessary bond authorizing the applicant to do the particular work specified in the permit. No electrical work of whatever nature shall be started except under and pursuant to such permit. Inspection of Electrical Work: Sec. 66. The superintendent of the Bureau of Electric Inspection shall cause to be inspected all electrical work for which he shall have issued per- mits. He may prohibit or stop the installation of any electric apparatus or any electric wiring, or placing of poles, conduits, cables or conductor which he shall find not to conform to the regulations of the bureau. On completion of the work, if it shall be found by inspection to comply with the rules and regulations, he shall issue a certificate to that effect. No electrical wiring or apparatus shall be used for any electrical purpose until such certificate shall be issued. If within one year after the issuing of such certificate, any viola- tion of the rules and regulations, or any other defect in such work or mate- rials used therein shall be discovered, the superintendent may order the CITY CHARTER— CHAPTER X. Ill person to whom the permit for the work shall have been issued to remedy the defect and make the same comply with the rules and regulations within such reasonable time as the superintendent shall fix in his order. But if such person shall fail to comply with the order, the superintendent shall cause such defective work to be made to comply with the department rules govern- ing such work and the cost of such repairs shall be charged against the bond of the person, firm or corporation responsible for such defects. Bureau of Boiler Inspection: Sec. 67. The superintendent of the Bureau of Boiler Inspection shall have had not less than ten years' experience in the operation of steam boilers, together with such practical and theoretical knowledge as to enable him con- clusively to determine the reasonable safety of the construction and use of apparatus inspected by the bureau ; shall control and regulate the examination of stationary and portable engineers, the construction and installation of steam and hot water boilers, boiler furnaces, smoke stacks, steam and hydraulic elevator apparatus, pressure tanks, jacketed kettles and any form of gas, gasoline, air or hydraulically operated apparatus dangerous to life and property; shall make all necessary rules, conforming to the best uniform prac- tice, for the. construction, installation and use of apparatus coming under his jurisdiction; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. License to Operate Apparatus: Sec. 68. No person shall operate any apparatus under the jurisdiction of the Bureau of Boiler Inspection until he shall have applied for and received a license, according to the rules of the Board of Examiners, or unless he shall operate the same under the immediate and direct supervision of such licensee. No apparatus under the jurisdiction of the bureau shall be operated except according to the rules of the bureau. Any person who shall operate such apparatus without license or without being under the immediate and direct supervision of such licensee, or who shall in its operation violate the rules of the bureau, shall be guilty of a misdemeanor, and, on conviction, shall be punished accordingly. Permits for Installation of Apparatus: Sec. 69. Whenever any person shall desire to construct or install any apparatus under the jurisdiction of the bureau, he shall, before doing so, apply to the superintendent for a permit therefor. When the superintendent shall be satisfied that the applicant is properly qualified therefor, he shall issue a proper permit to him. No such apparatus shall be constructed or installed without such permit. The superintendent may prohibit or stop the con- struction or installation of any apparatus not complying with the rules. The superintendent shall cause to be inspected all work for which he shall have issued permits. When such work shall be finished and he shall find it, on inspection, to be in compliance with the rules, he shall issue a certificate to that effect. No apparatus for which a certificate shall have been issued shall be operated until the certificate shall have been posted, as required by the rules. Permits for Alterations, Repairs, Etc. : Sec. 70. Whenever any person shall desire alterations or repairs to boilers and high pressure piping under the jurisdiction of the Bureau of Boiler 112 CITY CHARTER— CHAPTER X. Inspection, he shall notify the superintendent of the contemplated alterations or repairs, and shall secure a permit therefor before making the same. Report of Accidents, Defects, Etc. : Sec. 71. The owner and operator of any apparatus under the jurisdiction of the Bureau of Boiler Inspection shall as soon as practicable thereafter report in writing to the superintendent any accidents therefrom to persons under their control or employ, and any accident to or defect in any boiler ur hio-h pressure piping owned or operated by him. The superintendent shall forthwith investigate the same and order the necessary repairs or renewal of parts injured or defective. Bureau of Building Inspection: Sec. 72. The superintendent of the Bureau of Building Inspection shall be an architect, structural engineer, civil engineer, general building con- tractor, or general superintendent of building construction of known ability with not less than ten years' experience in his profession or occupation ; shall control and regulate the construction, repair, alteration or removal of all buildings, fences, billboards and elevators; shall make all necessary rules, therefor conforming to the best uniform practice, subject to the building ordi- nances ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. Permits for Construction, Alterations, Etc. : Sec. 73. Whenever any person shall desire to have constructed, enlarged, altered, repaired or removed any building or other structure under the juris- diction of the Bureau of Building Inspection, of which he shall be the owner, he shall personally or through his agent make written application ■ on forms furnished by the bureau for a permit therefor, and until he shall receive the permit, he shall not cause such work to be begun. Except when the applica- tion shall be for a permit to remove, the application for a permit shall be accompanied with a complete set in duplicate of specifications of the work to be lione and of the plans and working drawings, made to a scale of not less than one-eighth inch to the foot, on paper or cloth, in ink or other indelible sub- stance. The superintendent shall cause to be examined any structure sought to be raised, altered, enlarged or removed, and shall examine the specifica- tions, plans and drawings. If they shall conform to the requirements of the building ordinances and to the rules, he shall affix his official stamp of ap- proval thereto and transmit both sets to the Board of Health ; Provided, that he may approve proposed' methods of construction, if equally substantial with those required in the building ordinances. If the Board of Health shall find them to conform to all sanitary regulations, it shall endorse its approval thereon and return the same to the superintendent of building inspection. If the specifications call for building operations within the fire limits, he shall transmit both sets to the fire marshal, who .shall, if satisfied therewith, enilorse his approval thereon and return the same to the superintendent. There- upon, the superintendent shall issue a permit to the owner or his agent for the work specified and return to him one set of the specifications, plans and drawings, and shall keep the other set on file until he shall have issued the certificate of occupancy, as herein provided. Whenever specifications calling for an expenditure of not less than two thousand dollars shall be filed with the bureau, the superintendent shall keep- them permanentlv. He may also CITY CHARTER— CHAPTER X. 113 keep such other sets of specifications, plans and drawings as he_ may deem necessary. Inspection of Construction, Alterations, Etc. : Sec. 74. The superintendent of building inspection shall cause to be inspected from time to time all construction, enlargement, alteration, repairing or removal of any building or other structure for which he shall have issued a permit. If at any time in the course of such work he shall find that it is being done in violation of the building ordinances and rules of the bureau, he shall, after reasonable notice and hearing, prohibit and stop the same and by written order direct all persons in any way engaged therein to stop and desist therefrom until they shall have complied with the ordinances and rules. If such order shall not be obeyed on service thereof, he may forthwith revoke the permit for such work and apply to a court of competent jurisdiction to enforce the order. Any person who shall fail to obey the order when served on him shall be guilty of a misdemeanor, and, on conviction, shall be pun- i-.lied accordingly. Certificate of Occupancy: Sec. 75. Whenever any construction, enlargement, alteration, repair or removal of any building or other structure intended for occupancy, for which a permit shall have been issued, shall have been completed, the owner or his agent shall notify the superintendent of building inspection of the completion thereof. Thereupon, within three days after the receipt of such notice, the superintendent shall make a final inspection of the building or other structure, and, if he shall find it to be in compliance with the ordinances and rules, he shall, without charge, issue to the owner a certificate of occupancy. No build- ing or other structure shall be occupied until the superintendent shall issue a certificate of occupancy therefor. Inspection of Certified Buildings, Etc. : Sec. 76. The superintendent of building inspection shall cause to be inspected from time to time all buildings of public assembly, school buildings, halls, armories, theaters, buildings used for manufacturing and commercial purposes, hotels, hospitals, apartment houses, tenement houses, all other buildings occupied or used by large numbers of persons, fences, billboards, ^igns and other structures under his jurisdiction, which inspection shall be for the purpose of determining the safety thereof. If the whole or any part of any structure shall be found to be dangerous or unsafe, the superintendent shall forthwith notify the owner thereof or other person interested therein and direct him to take the necessary measures to render such structure safe. If the owner or other person interested therein shall fail to comply with the order within a reasonable time, the superintendent shall summon him to appear before him at a time and place to be specified in the summons and either to show cause why he has not complied with the order, or to dispute the superin- tendent's finding of the dangerous and unsafe character of the structure. If, as a result of the hearing before the superintendent, he shall find the structure to be dangerous and unsafe, and if the owner or other person interested therein shall not within a reasonable time thereafter render the same safe, the superintendent may cause to be demolished the structure or part thereof found dangerous or unsafe, or proceed in such manner as mav be necessary for the public protection. He may at the same time also cause to be affixed to 114 CITY CHARTER— CHAPTER X. the structure a notice of its dangerous condition, which notice shall not be defaced or removed without his written consent. Whenever the structure shall be intended for occupancy, and as a result of the hearing herein provided be found to be unsafe for occupancy, the superintendent shall direct the occu- pants thereof to vacate the premises, and such structure shall not thereafter be occupied until it shall have been rendered safe. Expenses Assessed Against Property: Sec. 77 . The owner of or other person interested in any structure found to be unsafe shall pay all expenses incurred by the Bureau of Building Inspec- tion in demolishing the same or otherwise protecting the public, as herein pro- vided. If he shall fail to pay the same within thirty days after notice thereof, the superintendent shall report the amount thereof to the Commissioner with an affidavit that it has not been paid. Thereupon the Commissioner shall transmit the report, endorsed by himself, to the Assessors, who shall forthwith assess the same against the property. Such assessment shall be collected in the same manner as other special assessments and shall be a lien against the property until paid. Bureau of Plumbing Inspection: Sec. 78. The superintendent of the Bureau of Plumbing Inspection shall be a practical plumber of not less than ten years' experience, actively engaged in the business ; shall control and regulate the examination and registration of master and journeymen plumbers; shall, subject to the sanitary code, inspect and regulate all plumbing and drainage, except main and lateral sewers ; shall make all necessary rules for the inspection of the work under his juris- diction ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. * Licensing and Registration of Plumbers: Sec. 79. Whenever any person shall deside to engage in the business of plumbing as a master or journeyman plumber, he shall not do so until he shall have applied for and received a license therefor, issued according to the rules and regulations of the Board of Examiners. The superintendent of plumbing inspection shall keep a permanent register of the name, address and place of business of every licensed plumber. Whenever a licensed plumber shall change his place of business he shall re-register with the superintendent. The superintendent shall publish a list of the registered plumbers in the official newspaper at least once in each year, and all sewer contractors installing private sewers upon application for permit shall file such bond as the Com- missioner may require. Any unlicensed plumber who shall engage in the plumbing business or display upon any sign, placard or otherwise, m rront of, upon," fn or about his place of business words signifying that he is a licensed plumber shall be guilty of a misdemeanor, and, on conviction, shall be punished accordingly. Permits for Installation or Alteration: -Sec. 80. Whenever any i>lumber shall desire to install or alter any plumb- ing or drainage under the jurisdiction of the superintendent of plumbing inspection, he shall apply to the superintendent for a permit therefor and file in duplicate with his application such specifications, plans and other draw- ings as the superintendent may require. If the superintendent shall find the CITY CHARTER— CHAPTER X. 115 ^ame to comply with the sanitary code and other rules and regulations of the Bureau of Plumbing Inspection, he shall endorse his approval on both sets, issue a permit to the applicant for the work specified therein, return one set to him and transmit the other set to the superintendent of building inspec- tion to be filed with other specifications, plans and drawings on file in his bureau. No installation or alteration of plumbing or drainage under the jurisdiction of the Bureau of Plumbing Inspection shall be commenced or done unless a permit therefor shall have been issued, as herein provided. The superintendent shall cause to be inspected all work for which he shall have issued permits, and may, if he shall find it to be done in violation of the sani- tary code and other rules and regulations, prohibit and stop the same. When such work shall have been completed and found to be in compliance with the sanitary code and other requirements, the superintendent shall issue a cer- tificate to that effect, which certificate shall be posted, as required by the sanitary code. Bureau of Signal Service: Sec. 81. The superintendent of the Bureau of Signal Service shall be a licensed electrician of known ability; shall manage, control and operate all of the signal service wires and apparatus telephone and telegraph wires, un- derground conduits and cables, signal and patrol boxes and all other ap- paratus pertaining to the signal service; shall supervise and control the con- struction of new wires, cables, conduits and other apparatus; shall maintain a rapid system for repairs in order to maintain the efficiency of the signal service at the highest standard ; shall make such rules and regulations as may be necessary for the proper conduct of the business of the bureau ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. Signal Service Advisory Commission: Sec. 82. The superintendent of the Signal Service, one member of the Department of Fire Protection designated therefor by the Fire Commission, and one member of the Department of Police designated therefor by the Commissioner of Police shall constitute a board to be known as the Signal Service Advisory Commission. The commission shall meet once a week or oftener in the office of the superintendent, review the work of the bureau, and make such suggestions and recommendations as it may deem necessary to increase the efficiency of the signal service. The commission shall each week transmit a report of their recommendations to the Commissioner of Public Safety, to the Fire Commission and to the Commissioner of Police. Retirement and Pensions: Sec. 83. The pension and retirement provisions governing the Depart- ments of Fire Protection and Police shall apply to all employes in the Bureau of Signal Service. For this purpose employes shall be considered members of one or the other department, as the Signal Service Advisory Commission shall determine ; but they shall have no other powers as members thereof, except when on the request of the Commissioner of Public Safety the Com- missioner of Police shall appoint them special patrolmen. Records and Reports of Bureaus : Sec. 84. The superintendent of each bureau shall keep complete records 'f all transactions of his respective bureau, including a record of all such 116 CITY CHARTER— CHAPTER X. licenses, permits and certificates as may be issued by him, of all inspections and investigations under his jurisdiction with full details thereof, and of all other matters which he or the Commissioner may deem necessary ; shall annually, at such time as the Commissioner shall determine, make a complete < report of the business of his bureau, including a statement of all moneys col- lected and expended and an estimate of revenues and expenses for the ensuing year; and shall at all times furnish such other information as the Commis- sioner may require. Persons Included Hereunder: Sec. 85. The provisions of this charter relating to the Department of Pub- lic Safety and such rules and regulations issued thereunder as may apply shall apply to all persons, tirms, corporations and city departments, engaged in any business or doing any work coming under the jurisdiction of any bureau of the department. Penalty for Misdemeanors: Sec. 86. Any person, firm or corporation who shall violate any provision of this charter relating to the Department of Public Safety, or who shall destroy or mutilate any property under the control of the department, or change or interfere with any signal, telephone or telegraph wire or cable, or use any pole, fixture or dead wire, or turn in false alarms shall be guilty of a misdemeanor and, on conviction, shall be punished in the Recorder's court by a fine not to exceed one hundred dollars and costs, or by imprisonment in the house of correc- tion for not more tlian ninety days, or by both fine and imprisonment in the discre- tion of the court. Revocation of Licenses, Permits, Etc.: Sec. 87. The superintendent having competent jurisdiction ma)', after reasonable notice and hearing, revoke any license or permit issued by him hereunder for any violation of any rule or regulation of his bureau or for failure to comply with any order he may be authorized to issue. Whenever any person shall be convicted of a misdemeanor hereunder, the Board of Examiners may order that no license or permit herein provided shall be issued to him, and thereupon the superintendent having competent jurisdiction may revoke any license or permit previously issued to such person. When- ever a person shall be convicted three times for misdemeanors hereunder, no further license or permit shall be issued to him. IV: Department of Correction. General Powers of Commission: Sec. 88. The Correction Commission, as head of tlie Department of Cor- rection, shall have, under their control and authority, the management and direction of the house of correction, which shall be used for the confinement, punishment and reformation of criminals or persons sentenced thereto here- under or under the laws of the state; shall establish and adopt rules for the regulation and discipline therein; shall appoint a superintendent thereof, whose term of office shall be for three years, and whose appointment shall be made at least three months before the expiration of the term then pending; and shall have such other powers as are herein presented or may be neces- CITY CHARTER— CHAPTER X. 117 sary for the proper discliarge of its duties. But the Commission shall have no control over the appointment of guards or other employes subordinate to the superintendent. Inspections and Meetings: Sec. 89. The Conmiission shall hold an annual meeting at the house of correction at such time as it shall fix, which meeting every inspector shall attend. The Commission shall also hold a meeting at the house of correction once in every three months, at which meeting it shall fully examine into every department of the management of the house of correction, and hear and determine all complaints or questions not within the jurisdiction of the super- intendent. At least one inspector, designated by the Commission for the purpose, shall visit the house of correction and inspect its management once in each month. Superintendent — Powers and Duties: Sec. 90. The Superintendent of the House of Correction shall have entire control and management of all its concerns, subject to the authority estab- lished by law and the rules and regulations adopted for its government; shall obey and carry out all written orders and instructions of the Commission not inconsistent with the laws, rules and regulations relating to its government ; and shall be responsible for the manner in which it shall be managed and conducted. He shall reside at the house of correction ; devote his time and attention to the business thereof; daily or as often as good order or necessity may require, visit and examine into the condition and management of every department thereof and of each prisoner therein confined ; shall exercise a general supervision and direction in regard to the discipline, police and busi- ness of the house of correction; and appoint a deputy superintendent, guards -and other employes subordinate to him; Provided, that he shall not employ any free labor in or about the house of correction, e.xcept such as may be necessary for the control and management thereof and for the care and detention of the persons confined therein. During the absence or other inability of the superintendent, the deputy superintendent shall have the powers and perform the duties of the superintendent so far as these relate to the discipline of the institution and the safe keeping of prisoners. Prisoners From Outside the City: Sec. 91. Whenever the Common Council, or any authorized agent or offi- cer, shall enter into agreement with any county of the state to receive persons sentenced therefrom to confinement in the house of correction, or whenever, pursuant to any law. of the state, persons shall be sentenced to confinement therein, the superintendent shall receive all such persons when brought to him with proper commitment papers and keep them, during their terms of sentence, in the same manner as persons sentenced to confinement therein from the city, and all such persons shall become and be subject to the rules, regulations and discipline of the house of correction in the same manner as persons sentenced to confinement therein from the city. Procedure of Discharge on Bail : Sec. 92. No person committed to the house of correction for want of bail shall be discharged therefrom on bail until the order of discharge, by the magistrate or court who shall have committed him, or by the judge of some 118 CITY CHARTER— CHAPTER X. circuit court, or the recorder, together with the original recognizance approved by such magistrate, court, judge or recorder, shall have first been delivered to the superintendent. Thereupon the superintendent shall in every case transmit the recognizance to the superintendent of police. Procedure on Forfeit of Bail : Sec. 93. Whenever the recognizance shall have been forfeited by the principal therein named and discharged therefor, the superintendent of police shall deliver the same to the Corporation Counsel for prosecution. The Corporatibn Counsel shall forthwith proceed to collect the same by applying to the Recorder's court for an order upon the sureties in the bond to show cause why the recognizance shall not be forfeited and judgment entered for the amount of penalty therein mentioned against them, on a day set forth in the order. At least four days before the day therein set forth, the order shall be served upon the sureties, either personally if they can be found in the city, or if they cannot be found, by leaving a copy at their last place of abode, and shall be granted only upon filing with the court an affidavit or affidavits, showing to the satisfaction of the court that the principal named in the recognizance has, during the time for which recognizance is conditioned for his good behavior, been found guilty by a competent court of being a dis- orderly person, or of any crime or misdemeanor, or has been and is a dis- orderly person, at any time within the life of the recognizance, and since his discharge from the house of correction. The sureties, or either of them, upon the service on them, or either of them, of the order and affidavit, or affidavits, shall come into court upon the day named in the order and show cause, by affidavit or otherwise, as the court may direct, why judgment shall not be entered against them, or either of them, on the recognizance. If they, or either of them shall after service of the order, fail to appear, or shall not show suffi- cient cause, the court shall enter judgment against both, all or either of them, upon their recognizance, issue execution thereon, and collect the same in the same manner as in cases of judgment on forfeited recognizances in the court. All moneys collected on such executions shall be paid by the person collecting the same, or by the person or persons aganist whom the judgment was rendered, to the clerk- of the court, who shall, within three days after re- ceiving the same, pay it to the officer empowered by law to receive it. Penalty for Escape, Etc. : Sec. 94. Every person lawfully committed to the house of correction, who shall escape from or break the house of correction with intent to escape there- from, or who shall attempt, by any force or violence, or in any other manner, to escape therefrom, whether such escape shall be effected or not, shall, upon conviction thereof, be punished by confinement therein for a term not exceeding double the term for which he was so' sentenced, to commence from and after the expiration of his former sentence. Deduction for Good Behavior: Sec. 95. The superintendent shall cause to be kept a record of each and all infractions of the rules and discipline of the house of correction, with the names of convict or convicts offending, and the date and character of each offense. Every convict sentenced for one or more years, whose name shall not appear upon such record, shall be entitled to deduction from his sentence CITY CHARTER— CHAPTER X. 119 of three days per month for each month they shall continue to obey all the rules of the house of correction. Report to Governor: Sec. 96. The superintendent shall, in December of each year, report to the governor: (1) the number and age of all persons confined therein; (2) their term of imprisonment; (3) the cause of imprisonment; (4) the number of persons discharged and the reasons why ; and (5) all other facts which he may deem necessary to explain the condition and necessities of the house of cor- rection. Books, Records, Accounts and Reports: Sec. 97. All rules, regulations or other orders of the Commission shall be recorded in a book to be kept for that purpose. This book shall be deemed a public record, and, with the other books and records of the house of correc- tion shall at all times be subject to examination by the, Controller, Treasurer, Corporation Counsel, any member or committee of the Common Counci}, or any person duly authorized by any court of record in the state to make such examination. The superintendent shall cause to be kept the books of the house of correction in such manner as clearly to exhibit the state of the pris- oners, the number received and discharged, and the receipts from and expenditures for and on account of each department of business, or for repair, or improvement of the premises. He shall make out a quarterly statement which shall specify minutely all receipts and expenditures accompanied with proper vouchers for each expenditure, which statement shall be approved by the Commission and the Common Council and returned to the Controller for safe keeping. The accounts of the house of correction shall be annually closed and balanced on the thirty-first day of December in each year. As soon thereafter as practicable, the superintendent shall prepare and submit an annual report to the Commission. The Commission shall submit this report together with their report to the Common Council and transmit a copy thereof to each department of the state government, and to each county in the state having contracts with the city for the confinement and maintenance of con- victed persons. The report shall also be published in some newspaper in the city or in such other form as shall be directed by the Commission. Revenues of the Department : Sec. 98. All moneys received by the Commission for the labor of persons confined in the house of correction or pursuant to any law of the state or any contract for the safe-keeping and maintenance of persons sentenced to confinement therein shall be paid to the City Treasurer to be applied on the expenses of the department. 120 CITY CHARTER— CHAPTER XI. CHAPTER XI. DIVISION OF PUBLIC WORK Administration of Public Work: Sec. 1. The administration of all public work, except as herein otherwise provided, shall be vested in the Department of Public Works, the Depart- ment of Parks and Boulevards and the Department of City Plans and Im- provements, as herein provided. I : Department of Public Works. Commissioner — Powers and Duties: Sec. 2. The Commissioner of Public Works, as head of the Department of Public Works, shall establish a system of grades for all streets and alleys, which, when established, shall not be changed except by a two-thirds vote of the Aldermen elect. He shall also lay out and establish a systeip of sewers for the Entire city to be designated on the general plan of streets and alleys. He shall supervise the grading, paving, repaying and cleaning of streets, alleys and public grounds; the paving and repaving of boulevards and bridges; the building of all sidewalks and crosswalks; the laying of all gas or water pipes, conduits or erection of poles through any street or alley; the construc- tion of all sewers and drains; the construction, repairing and alterations of public wharves, docks, bridges, culverts, receiving basins, drains, sewers and all public buildings, including the care and administration of the city hall, municipal court and health building, G. A. R. building, Fairview pumping sta- tion, and eastern and western markets, and the collection and disposal of garbage. He shall also have charge and control of the streets and alleys and of the sprinkling, cleaning and flushing of the same, and may, by printed rules and orders, approved by the Common Council, regulate the use thereof. He may also issue permits for the use of the streets and alleys for the storage of build- ing material and for the use of the highways for such other purposes and under such regulations as the Common Council may by ordinance prescribe. All moneys appropriated for this department shall be expended under his supervision. Whenever such work shall be done by contract, it shall be done under con- tract and specifications prepared by him and approved by the Common Council. Whenever the Common Council shall order any paving or repaving work, he shall, and whenever the Common Council shall order any other public work to be done he may, submit a bid therefor in like manner as other bidders for public work. He shall also have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. Supervision of Vaults, Public Buildings, Etc. : Sec. 3. The Commissioner shall supervise the construction of all vaults under any portion of the streets and the erection of all public buildings and works of the city or any board thereof, within or without the city, except such CITY CHARTER— CHAPTER XI. 121 buildings and works as may by law be under the supervision of the Water Commission, and may stop the work thereon when the same is not being done according to the contract therefor. But he shall not interfere with or change the plans or specifications of such buildings or work or demand any variation therefrom. Whenever the construction of any public building or work shall require peculiar skill, the Common Council may by resolution authorize the Commissioner to emplo}- a competent person to superintend the same at a com- pensation not exceeding a sum to be stated in the resolution. The Commis- sioner shall also exercise such other powers and perform such other duties in the superintendence and construction of public works, improvements and repairs constructed by authority of the Common Council or owned by the city as the Common Council may from time to time direct. I Examination of Proposed Public Improvements: Sec. 4. Whenever any public improvement, except the opening of public streets, or public work shall be proposed, the Common Council shall, before proceeding with the same, refer the matter to the Commissioner. Thereupon he shall proceed to examine into the same and as soon as practical, report thereon to the Common Council, giving detailed estimates of the costs of such works or improvements, if any, and making such recommendations as he may deem expedient. Bureau of City Engineering: Sec. 5. The Commissioner shall appoint a City Engineer who shall have practised his profession for at least ten years. The City Engineer shall be the head of the Bureau of City Engineering, shall devote his entire time to the duties of his office, and shall, subject to the direction of the Commissioner, superintend and conduct all details of all matters of engineering for the city and all the departments. He may appoint an Assistant City Engineer, and, with the assent of the Commissioner, appoint, suspend or dismiss, as herein provided, such other assistants, clerks and subordinates as may be necessary for the proper and efficient conduct of the work of the bureau. No officer or department, including the Board of Education, the Detroit Museum of Art and the Detroit Library Commission, shall have or employ any person in or about the engineering afYairs under his or its jurisdiction, without the express assent of the City Engineer. General Plan of Streets and Alleys: Sec. 6. The Commissioner shall, from time to time, cause to be prepared and kept on file as a permanent record a general plan of laying in to streets and alleys all such portions of the territory now or hereafter lying within the corporate limits of the city as shall not already be laid out, approved and platted, or without the city limits and within two miles thereof when directed by the Common Council, and may enter upon land for that purpose ; but this general plan shall not become effective until the Common Council shall have approved thereof and caused its approval to be endorsed thereon. When such plan shall have been made and approved, as herein provided, all plats shall first be submitted to the Commissioner for approval as to plan of streets and alleys shown thereon, and no private plan which shall not conform thereto shall be allowed or permitted, except when the Common Council shall by a two-thirds vote, alter or amend the general plan to conform to such private plan. No plat shall hereafter be recorded or be of any validity unless before 122 CITY CHARTER— CHAPTER XI. such report the approval of the Commissioner shall be duly endorsed thereon. Before accepting and approving any such plat the Commissioner shall require that there be endorsed thereon a certificate from the proper authorities show- ing that all back taxes on property included in the plat shall have been paid in full. The Commissioner shall not change any plat when once approved and adopted by him, unless the Common Council shall, by a three-fourths vote of the members elect, authorize him so to do : Provided, that all streets and alleys shall be laid out so as to conform as nearly as may be to the lines of streets and alleys previously opened. A copy of each plat as recorded shall be delivered to the City Engineer to be retained by him as a permanent city record. No plat shall be accepted and recorded until the Corporation Counsel shall certify on the plat that all persons interested in the lands as owners, mortgagees and lien holders, have joined in the execution of the plat. Time of Paving or Repaying : Sec. 7. Whenever the Common Council shall have ordered the paving or repaving of any street or portion thereof, and the contract therefor shall have been let, the work to be performed shall be commenced and completed between the first day of April and the first day of December in each year: Provided, that when such paving shall not be completed in such time by reason of inclement weather or other good cause and from no fault of 'the contractor, the Common Council may extend the time for its completion. Laying of Sewers, Etc., Before Paving : Sec. 8. No street, or portion thereof, shall be paved until the sewer to be constructed therethrough shall have been completed so far as the pavement is to extend, and all sewers, water pipes, gas pipes and conduits and all service connections thereto shall be made and completed at least one year before such paving is ordered to be done. No person shall, without the consent of the Com- missioner and under such general rules and regulations as he may prescribe, make any connection with any sewer or drain. Whenever the Common Council shall order the paving of any street or portion thereof, the Commis- sioner may require, before such street or portion thereof shall be paved, that the gas pipes or other proposed pipes or conduits of any public utility shall be laid therein and service connections carried inside the curb line in front of each lot. If any gas or other company or corporation shall refuse or neglect to lay such pipes or conduits, when required as herein provided, the Com- missioner may prohibit the laying in any street for five years after the street shall have been paved, of such pipes or conduits as in his judgment are not necessary. Before any street shall be paved or repaved, the Commissioner shall cause to be served on the owners of the abutting lots, or their author- ized agents, or to be placed on the abutting lots, a thirty-days' notice requir- ing them to have all connections made with all service pipes laid or being laid in the line of the proposed pavement. If any such owner, or his author- ized agent, shall fail to comply with the notice, the Commissioner may cause such connections to be made and carried inside the curb line, and the cost thereof shall be assessed against the property and collected in the same manner as sidewalk assessments are made and collected. Backfilling in Paved Streets: Sec. 9. The Commissioner may backfill all excavations or trenches in paved streets, and the cost thereof shall become, and be until paid, a charge CITY CHARTER— CHAPTER XI. 12X against the department, corporation, contractor, person or firm responsible for the tearing up of the street or alley or to whom the permit for the same shall have been issued. Costs of Sidewalks Assessed Against Property : Sec. 10. Whenever the Common Council shall order the building of any sidewalk, if any person shall after due notice, refuse or neglect to build the sidewalk in front of his premises of such material and within the time fixed by ordinance, the Commissioner shall cause the same to be built. The cost and expense thereof shall be paid out of the continent fund and may be recov- ered from the owner or occupant of land in front of or adjacent to which such walk shall be built, shall be certified to the Board of Assessors by the Com- missioners and shall be assessed upon the lands of such owner or occupant adjacent to such walk, in the same manner as herein provided for other local improvements. Removal of Dangerous Structures: Sec. 11. The Commissioner shall summarily remove or cause to be removed or torn down all dangerous walls or other structures that may be liable to fall into any street, alley or public place, or otherwise so as to endanger life or property, and causethe cost thereof to be assessed upon the property. Establishment of Asphalt Plant, Etc. : Sec. 12. The Common Council may require the Commissioner to lease or establish and maintain, within or without the city on land purchased or leased by the city, plants for the manufacture of creosoted block, brick and asphalt for paving purposes and plants for the disposal of garbage and refuse, and to take all necessary steps to regulate the same. The Commissioner may, as directed by the Common Council, sell and distribute whatever by-products may be obtained from the operation and maintenance of the garbage and refuse plant. Bureaus, Records and Reports: Sec. 13. The Commissioner shall classify or divide the various work or interest under his control into bureaus, as far as may be, and cause to be kept accurate account of the cost of each, showing the amounts expended for original improvements or construction and the amounts for repairs, super- intendence or other expenditures and exhibiting the source of expenditure. He shall also, in the month preceding each fiscal year, make a report to the Common Council, embracing the expenditures of the dififerent bureaus or divisions of work under his control and stating the condition, progress and operation of the work. II: Department of Parks and Boulevards. Commissioner — Powers and Duties: Sec. 14. The Commissioner of Parks and Boulevards, as head of the Department of Parks and Boulevards, shall control and manage all parks, public grounds and boulevards; shall make all needful rules and regulations for the management, maintenance, care and use of the parks, and their dock- 124 CITY CHARTER— CHAPTER XI. age, public grounds and boulevards which rules and regulations, when ap- proved by the Common Council, shall have the authority and effect of ordi- nances ; shall police the parks with such members of the police force as the Commissioner of Police shall at his request, detail for service in any of the grounds under his charge and as may be necessary to maintain order and protect property thereon; shall make such orders, rules and regulations as in his judgment may be proper concerning the waters surrounding Belle Isle, subject to the power of the United States Department of War to control the use and occupancy of navigable waters; and shall have such other powers as herein prescribed or may be necessary for the proper discharge of his duties, but he shall not pave, surface or repave the roadway of any boulevard or ordinary public street under his control and management. Belle Isle Bridge : Sec. 15. The Commissioner shall have the custody and control of the bridges connecting Belle Isle with the mainland together with its approaches and such lands as may be hereafter purchased or condemned in connection therewith, which bridges, approaches and lands shall constitute a part of Belle Isle Park. He shall have under his direction and supervision the main- tenance of the bridges and the making of the necessary repairs thereof: Pro- vided, that he shall have no control or authority over the improvement or maintenance of the roadway of the bridges or anj' future bridge connecting Belle Isle and the mainland. Letting of Privileges in Parks: Sec. 16. All grounds of which the Commissioner shall ha\'e control shall be used and enjoyed solely for the purposes for which they shall have been established: Provided, that he may let, for a period of not more than two years all privileges including the hiring of boats and vehicles and such other like purposes as are usual in public parks. The exercise of all such privileges shall be subject to his supervision and direction, and to such orders, rules and regulations as he may make at any time. Acquisition of Lands for Parks, Etc. : Sec. 17. The Commissioner may receive conveyances granting the City of Detroit lands for parks, public grounds or boulevards, and with the approxal of the Common Council, may agree with any person having an interest in any such lands for the purchase, gift and conveyance thereof to the city. He may also with the consent of the Common Council, acquire by purchase, gift or by kgal proceedings, any lands, or interest in land, which may be necessary for the opening of any park and enlargement or extension of anj- park or boulevard which may hereafter be laid out, located or established. Upon such acquisitions being made, he shall cause the proper conveyance to be made and recorded. Plat of Parks, Boulevards, Etc.: Sec. 18. The Commissioner shall make and certify a map or plat showing the lines of location of all boulevards, public parks, and harbor lines when established, and cause the same to be recorded in the office of the Register of Deeds of Wayne County. CITY CHARTER— CHAPTER XI. 125 III : Department of City Plan and Improvement. General Powers and Duties: Sec. ly. The City i'lan and Improvement Commission as head of the Department of City Plans and Improvements, shall procure information and make recommendations to the Mayor and Common Council in respect of all facts bearing upon the present and future needs of the city with regard to the creation, development and improvement of parks, recreation grounds, boule- vards and river front, upon the extension or opening of streets and avenues or other public ways or places, and upon city plans and improvements generally ; shall receive and report on all suggestions within its scope offered by citizens, officers and employees of the city: shall from time to time prepare and present to the Mayor and Common Council such recommendations for a systematic and concerted plan covering these needs and other improvements within and without the city as it may deem desirable ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of its duties. Control of Works of Art, Etc. : Sec. 20. No work of art in the possession of the city except such as may be under control of the Detroit Museum of Art shall be removed, relegated or altered in any way, no property shall be acquired for park, boulevard, or play-ground purposes, no property shall be condemned for the widening or extension of any park, boulevard or public play-ground, unless and until the project shall have been submitted to and approved by the commission, and no gift to the city of a monumental character shall be accepted until the sketch or plan and the location thereof shall have been approved by the com- mission. But if the commission shall fail to decide upon any matter sub- mitted to it within .sixty days after such submission, its decision or appo\-aI shall be unnecessary. Public Buildings, Bridges, Etc. : Sec. 21. Whenever the Mayor, Common Council or head of any depart- ment shall request its opinion and advice thereon, the commission shall con- sider, prepare and present to the officer or body making the request recom- mendations in respect of plans and location of public buildings, bridges, approaches, or other structures erected or to be erected bv the city. 126 CITY CHARTER— CHAPTER XII. CHAPTER XII. DEPARTMENT OF STREET RAILWAYS Establishment of Street Railway System: Sec. 1. The City of Detroit shall at once proceed to and as soon as prac- ticable acquire or construct and own, maintain and operate a street railway system upon and along such of the streets of the City of Detroit and any other places therein as the public convenience may from time to time require and as soon as practicable said system shall be made exclusive. Said city may also at any time extend said system in any one or more directions beyond the limits of said city, but no single extension shall extend farther than 10 miles beyond said limits. The Board: Sec. 2. There shall be a board appointed by the Mayor in said city to be known as the Board of Street Railway Commissioners, hereinafter to be referred to as the Board, which shall consist of three members, who shall reside in the City of Detroit, whose terms of office shall terminate with that of the Mayor who appoints them and shall be subject to removal at the will of the Mayor. E^ch member of said board shall receive a salary of five thousand dollars a year and shall devote himself actively to the duties of the office Any vacancy in said board shall be filled by the Mayor. Organization of Board: Sec. 3. Each conmiissioner shall take and file in the office of the City Clerk the oath of office prescribed for city officers, and shall execute a bond in a sum to be determined by the Common Council, conditioned as is pre- scribed for city officers. They shall name a President and a Vice-President from their own number and the President shall be ex-officio a member of the Common Council when acting on the estimates, but without a vote therein. Department Appointment : Sec. 4. Said board shall appoint and fix the salaries of a Secretary and a General Manager; each shall be subject to removal at the will of the board, and each shall take and file in the office of the City Clerk the oath of office prescribed for city officials and shall execute a bond in a sum to be deter- mined by the board. The General Manager shall, subject to the approval of the board, employ inspectors, accountants, engineers, superintendents, and other agents and servants for the purpose of enabling it to properly perform all of the duties incumbent upon the board. The commissioners and each appointee and employee shall be paid out of the earnings of said street railwav system. Services of Other Departments: Sec. 5. Said board shall have power to call upon all city departments or other city officers for any service that may be required in connection with the CITY CHARTER— CHAPTER XII. 127 work of said board, but any extra expense to the city for such service shall be a charge upon the street railway fund and upon no other. Requirements of Deeds, Contracts, Etc. : Sec. 6. All deeds, contracts, leases or purchases shall be made by the President of said Board and the Secretary thereof, in the name of the City of Detroit. Proceedings of Purchase, Lease, Etc. : Sec. 7. Said board shall proceed promptly in the name of the City of Detroit to purchase, lease, acquire or construct and to own and operate a street railway system according to the provisions of this article, and as soon as practicable to make said system exclusive. Said board shall, whenever it deems it necessary, build extensions and new lines. Such extensions and new Hnes shall be first approved by the Common Council of the City of De- troit and said board may purchase or lease or by appropriate proceedings pre- scribed by law and in the name of the City of Detroit condemn all or any part of the existing street railway property or any other property necessary in the City of Detroit, and if said board shall so determine, it may make the necessary purchases of lands, machinery, engines, ties, rails, poles, wires, con- duits, cars, tools and all other articles, apparatus, appliances, instruments and things necessary to construct, own, maintain and operate and said board shall so construct, own, maintain and operate in said city a street railway system in. on and through such streets and other places of said City of Detroit as shall be selected in the manner aforesaid. Proceedings Regarding Extensions: Sec. 8. Said board may with the approval of the Common Council also purchase, acquire, condemn or construct in the same manner as in the last paragraph mentioned at any time and from time to time an extension or ex- tensions of said street railway system in any one or more directions beyond the limits of said city, but no single extension shall extend farther than ten miles beyond the limits of said city. Election to Authorize Purchase or Lease : Sec. 9. Any contract to purchase or lease herein contemplated of existing street railway property shall be void unless approved by three-fifths of the electors voting thereon at any general or special election. Election to Authorize Condemnation: Sec. 10. Before any proceedings to condemn any street railway property shall be instituted the board shall report to the Common Council what prop- erty it proposes to condemn and the Common Council shall submit said proposal to the electors of the City of Detroit at a general or special election and said board shall proceed to execute said proposal if it is approved by three-fifths of the electors voting thereon, but not otherwise. Election to Authorize Construction: Sec. 11. Before proceeding to construct a street railway system for the City of Detroit said board shall report to the Common Council upon what streets it proposes to construct street car lines and the number of tracks on each street, together with the estimated cost of such proposed construction. 128 CITY CHARTER— CHAPTER XII. and the question of constructing a street railway sjstem in the manner so proposed shall be submitted by the Common Council to the electors of the City of Detroit at a special or general election ; and said street railway system shall be so constructed in case said plan is approved by three-fifths of electors voting thereon, but not otherwise. Resubmission of Proposals : Sec. 12. In case the electors shall reject any proposed sale or lease or any proposed condemnation proceedings or any proposed plan of construction said board shall submit another proposal or other proposals and continue to do so until a proposal is approved by three-fifths of the electors voting thereon and when so approved said board shall proceed promptly to execute said proposal. Bond Issues (General) : Sec. 13. The Common Council of the City of Detroit shall on the request of said board issue bonds of the City of Detroit to be known as general bonds to the amount of two per cent of the assessed value of all the real and per- sonal property in the city, and such bonds shall be issued or authorized by the city provided that such issue shall not exceed the bondings limit fixed by law, and shall be payable by the City of Detroit at such time or times (not more than fifty years from the date of issue), and bearing such rate of interest as the board and Common Council may determine, and said Common Council shall sell all or any part of said bonds at any time and from time to time upon the request of said board and pay the proceeds to the City Treasurer for the use and benefit of said board, and said proceeds shall be used for the purpose of securing in some one of the ways herein provided a street railway svstem in the City of Detroit and for such distances beyond the city's limits as shall be fixed and determined under this act. Bond Issues (Street Railway Bonds) : Sec. 14. Said Common Council shall likewise on request of said board issue further or additional bonds of the City of Detroit to be known as street railway bonds in such denomination and payable at such time or times (not more than fifty years from date of issue), and bearing such rate of interest as the Common Council and said board may determine. These bonds shall be issued regardless of the city's bonding limit. Said bonds shall impose no liability on the City of Detroit, and shall be secured only upon the propertv and revenues of the street railway system, including a suitable street railway franchise stating the terms upon which, in case of foreclosure and purchase, the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of purchase on fore- closure of the street railway system and the franchise. Submitting Security Franchise: Sec. 15. Said board shall prepare such a franchise and submit the same to the Common Council of the City of Detroit and the Common Council shall submit it to the electors of said city, and if approved by three-fifths of the electors voting thereon said franchise shall be vaild ; if not approved by the electors aforesaid said board shall continue to prepare and said Common Council shall continue to submit franchises as aforesaid until a franchise is approved by three-fifths of the electors voting thereon at any general or spe- cial election. CITY CHARTER— CHAPTER XII. 129 Mortgage Lien on Franchise : Sec. 16. When a franchise has been submitted to and approved by the electors as herein provided said board shall prepare and with the consent of the Common Council execute a mortgage in the usual form to a trustee which mortgage shall give said trustee a first lien on said franchise and on all the then and future acquired property of said street railway system and on all the net earnings of said system and on all the street railway sinking fund to secure the payment of the principal and interest of said street railway bonds, and when said mortgage is executed and recorded by said board, then said board may request, and said Common Council shall direct the issue and sale of enough of said street railway bonds to complete the payment of the pur- chase price or the award in condemnation proceedings or the cost of said con- struction, and whenever any extension to said street railway system is author- ized as herein provided, said Common Council shall issue and sell a further and additional amount of said street railway bonds sufficient to pay the actual cost of the extension and no more. Out of the proceeds of the sale of said bonds said board shall pay the cost and expenses of said extensions. Board's Control Defined — Reports Required : Sec. 17. Said board shall have the supervision, management and control of the entire street railway system owned or leased by the City of Detroit, both in its construction and maintenance and operation as full and completely as if said board represented private owners. Said board shall report its doings to the Common Council annually and at such other times as the Com- mon Council may direct. The Rate of Fare and Sinking Fund Requirements: Sec. IS. The rate of fare on said street railway system shall be sufficient to pay, and the said board shall cause to be paid : (a) Operating and maintenance expenses, including paving and watering between tracks. (b) Taxes on the physical property of the entire street railway system, tlie same as though privately owned. (c) Fixed charges, including interest on bonds issued at the board's request. (d) A sufficient per cent per annum so as to provide a sinking fund to pay the principal of the bonds issued, at their maturity, to the end that the entire cost of said street railway system shall be paid eventually out of the earnings thereof. Electric Light, Heat and Power — Price: Sec. 19. Said board shall have power to procure and install the necessary apparatus, appliances and connections and may supply or sell from its sur- plus, electric light, heat and power to any and all applicants therefor at a rea- sonable price, but not below cost. By-Products : Sec. 20. Said board shall as soon as possible have in use and shall there- after maintain a plant or plants for manufacturing practicable by-products, and may sell, consume or distribute all its by-products. Motor Busses and Other Conveyances : Sec. 21. Said board shall have the power whenever in their opinion such a course is necessary or desirable to acquire, buy, own, lease and operate or 130 CITY CHARTER— CHAPTER XII. license and regulate motor busses, omnibuses, carryalls and any other kind of conveyance deemed necessary or desirable for transporting passengers. Arbitration : Sec. 22. In case of dispute over wages or condition of employment, said board is hereby authorized and directed to arbitrate any question or ques- tions, provided each party shall secure in advance payment of half the expense of such arbitration. Duty Regarding Privately Owned Street Car Lines: Sec. 23. Whenever and as long as there shall be any privately owned or privately operated street car lines in Detroit it shall be the duty of said board in the name of the City of Detroit to enforce all franchises, ordiriances, rules and regulations at any time existing, governing the same or appertaining thereto and to collect any damages suffered or penalties incurred by reason of any violation thereof; provided, however, nothing herein contained shall deprive the Common Council of the City of Detroit of the power and duty to enforce any such franchises, ordinances, rules and regulations and to collect any such damages or penalties. Suits at Law: .Sec. 24. Said board shall have power to do all things including commence- ment, prosecution, defending and settlement of all suits which they mav deem necessary or desirable for the proper performance of their dutv or the protec- tion of the property confided to their care. Settlement of Claims: Sec. 25. All claims that may arise in connection with said street railway system shall be presented as are ordinary claims against the City of Detroit, but the disposition and settlement thereof before or after such presentation shall rest in the discretion of said board and the cost of investigation, attor- neys' fees, all claims that may be allowed and final judgments obtained on said claims shall be paid from the operating revenues of said railway. Injury to Property — Punishment: Sec. 26. Any person who shall cut, break, injure or destroy any of the property owned by the City of Detroit and in control of said board, with intent to prevent or interrupt the business of said board, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment not exceeding sixty days or both fine and imprisonment at the discretion of the court. Proof that the act was willful shall be prima facie evidence of such intent. Bonds Exempt From Taxation: Sec. 27. All bonds issued under this act shall be exempt from all taxation. Custody and Disbursement of Money: Sec. 28. All money received from any source in relation to said street railway shall be paid into the city treasury and disbursed and paid out only upon vouchers signed by the President or the Vice-President and Secretary of said board and duly approved and countersigned by the Controller CITY CHARTER— CHAPTER XII. 131 The Sinking Fund : Sec. 29. The sinking fund lierein provided for shall be kept separate from all other sinking funds of the city and shall be invested in such manner as the Board of Street Railway Commissioners shall decide and the Common Council shall approve. Preliminary Expenses Provided: Sec. 30. The Common Council shall appropriate for preliminary expenses of and investigations by said board such portion of $100,000 as said board shall deem necessary. Common Council Ordinances: Sec. 31. The Common Council may adopt ordinances not in conflict here- with to carry out the purposes and provisions of this act. Validating the Chapter : Sec. 32. If any of the provisions of this chapter are in conflict with any other provisions contained in the charter of which this chapter is a part the provisions of this chapter shall be valid, the provisions in conflict therewith to the contrary notwithstanding. Nothing in this section is to be construed to abolish the minimum wage, the eight hour service day or the civil service provisions in the street railway service. 132 CITY CHARTER— CHAPTER XIII. CHAPTER XIII. ADMINISTRATION OF PUBLIC UTILITIES Administration of Public Utilities: Sec. 1. The administration of all public utilities owned and operated by the city, except the street railway system, and the supervision of all other pub- lic utilities operated in the city, except as herein otherwise provided, shall be severally vested in the Department of Water Supply and the Department of Public Lighting, in the manner and with the powers as herein prescribed. II: Department of Water Supply. Water Commission — Powers and Duties: Sec. 2. The Water Commission, as head of the Department of Water Supply, shall examine and consider all matters relative to supplying the city with a sufficient quantity of pure and wholesome water to be taken from the Detroit River or such other source as may be deemed expedient for the use of its inhabitants ; shall, at all times whenever the necessary funds shall have been provided, erect and maintain within or without the city such reservoirs, buildings, machinery and fixtures, lay such pipes, construct such aqueducts and other works, and secure and maintain the same as shall be required to furnish a full supply of water for public or private use in the city; shall con- duct, discharge, dispose of and distribute the same; may, in the name of the city, take and hold, by purchase, gift, devise, bequest or otherwise, such fran- chises and real and personal property, either within or without the city, as may be needful or convenient for carrying out the intents and purposes for which the department is established ; may, whenever any lands are deemed necessary to be taken by the commission in the name of the city without the consent of the owner, cause to be instituted the necessary condemnation pro- ceedings under the general law to accomplish such purpose; may, by and with the consent of the Common Council, sell and convey or lease the same when- ever required by the interests of the city ; may establish all reasonable rules and regulations to protect the rights and property vested in the city and under the control of the commission, and to aid the city in the performance of the duties imposed upon it ; and may make all contracts to carry out the objects and purposes of the commission, as herein provided : Provided, that such contracts shall be first approved by the Common Council. The com- mission shall also have such other powers as are herein prescribed or may be necessary for the proper discharge of its duties, and such other powers and rights not herein granted, as are given to water boards by the general laws of the state and are not inconsistent with the powers and rights herein granted. CITY CHARTER— CHAPTER XIII. 133 Hydrants, Fountains, Aqueducts, Etc. : Sec. 3. The commission shall provide for the erection of necessary fire hydrants in such localities in the city as it may deem necessary, or the Fire Commission and the Common Council may order; may erect drinking hydrants in each block of the city ; may, with the consent of the Common Council, erect fountains in such public grounds as it may deem expedient; may, by and with the consent of the Common Council and the Commission of Public Works, conduct pipes and construct aqueducts over or under any watercourse or under any street, turnpike, alley, highway or other way within or without the city and in such manner as not unnecessarily to obstruct or impede tra\el thereonto and may, with the consent and under the supervision and direction of the Commissioner of Public Works, enter upon, dig up and backfill, with like restrictions as to travel, any such street, alley, road or way, for the purpose of laying such pipes or constructing such aqueducts and other works beneath the surface thereof and maintaining and renewing the same. The Commissioner of Public Works shall cause to be restored the con- creting and pavement of any such street, alley or way to its former condition, so far as may be, and the expenses of such inspection and restoration of con- creting and paving shall be a charge against the Department of Water Supply. Water Rates — Assessment and Collection : Sec. 4. The commission shall, from time to time, cause to be assessed the water rates to be paid by the owner or occupant of each house or build- ing having the use of water and against any person or persons using water, upon such basis as it shall deem equitable, and such water rates shall become and be, until paid, a lien upon such house or other building and upon the lot or lots upon which such house or building shall be situated. The Commis- sion may make and enforce all necessary by-laws, rules and regulations for the collection of the water rates. All water rates shall be paid into the city treasury by those using the water. On receipt thereof, the City Treasurer shall give receipt therefor to those paying them. Whenever any person or persons using water shall fail to pay the rates fixed by the Commission, the water may be shut ofT, or suit may be instituted by the city for the collection of the same in any court of competent jurisdiction, or the same may be col- lected by the sale of the lot or premises upon which the rates shall have become a lien; Provided, that such sale shall be conducted in the same manner and shall have the same force, virtue and efifect as sale of lots delinquent for city taxes. But no attempt to collect such rates by any process herein pro- vided shall in any way invalidate the lien upon the lot or premises. Water Tax — Assessment and Collection: Sec. 5. All water rates, paid into the city treasury, shall apply exclusively on the payment of all expenses incurred by the commission, including the interest or principal of all bonds issued on behalf of the water system of the city. Not less than thirty days before the time herein provided for assessing city taxes, the Commission shall each year make a special report to the Com- mon Council, stating what sum, if any, over and above the revenues of the Commission for the ensuing fiscal year, the Commission will need to meet the 134 CITY CHARTER— CHAPTER XIII. payment of the interest or principal of all bonds issued on behalf of the water system. On receipt of this report and in connection with the assess- ment of the general city taxes, the Common Council shall provide for raising the amount asked for by the Commission by a special tax, to be designated a water tax, in the same manner as is provided for raising the general taxes. The proceeds of the water tax shall be paid into the city treasury and shall apply exclusively on payment of the interest or principal of bonds, for the payment of which it shall have been assessed. Records, Assessment Lists and Reports : Sec. 6. The commission shall cause to be kept an accurate record of all proceedings, together with a list of all assessments for water rates, which shall be subject to inspection at all times; shall transmit to the City Treasurer a list of all those using water, from which list the City Treasurer shall receive the water rates, as herein provided, and shall make an annual report to the Common Council, stating the condition and operation of the works, the num- ber of contracts let and the number of contracts completed. This statement shall be certified by the Commission, entered of record by the City Clerk, and published in such manner as the Common Council may direct. The Commis- sion shall also make such other reports as the Common Council may, from time to time, require. Pipes, Etc., Under Private Property City Property : Sec. 7. The material of all pipes, aqueducts and other works, laid or con- structed above or beneath the soil of any person or private corporation, shall be and remain the sole property of the city, subject to the control and manage- ment thereof by the Commission by and with the consent of the Common Council. No person shall interfere or meddle therewith without the written assent of the Commission, signed by its president and secretary. Penalty for Polluting Water, Etc. : Sec. 8. Any person who shall wilfully do or cause to be done any act whereby any work, materials or other property whatsoever, erected or used within or without the city by the Commission or by any person acting under its authority for the purpose of procuring or keeping a supply of water, shall be injured, or who shall wilfully throw or place, or cause to be thrown or placed any carcass of a dead animal or person, or any other deleterious or filthy substance whatever, in any reservoir, pipe or aqueduct of the depart- ment, through which water for private or public use is conveyed, or who shall throw or place, or cause to be thrown or placed any such carcass, dele- terious or filthy substance in the Detroit River or Lake St. Clair, within a distance of six miles above any inlet pipe of the department extending into the river, and through the supply of water, or any part thereof that is received, or who shall do or cause to be done any other act to pollute the water wilfully, shall be guilty of a misdemeanor and, on conviction, shall be pun- ished by a fine not exceeding five hundred dollars, or imprisonment in the house of correction for a period not exceeding two years, or both, in the dis- cretion of the court. The commission shall cause to be erected notices of so much of this section as relates to reservoirs and the Detroit River and Lake St Clair at conspicuous points on such reservoirs and along the American shore of the river and lake within the distance above mentioned, and for this purpose the commission or its agents may enter upon iiri\-ate property. CITY CHARTER— CHAPTER XIII. 135 Penalty for Tapping Pipes, Etc. : Sec. 9. Any person who shall, without authority of the commission or of its proper agents, perforate or bore, or cause to be perforated or bored, any distributing pipe, main, log or aqueduct belonging to the city, or make or c'ause to be made any connection or communication with such pipes, aqueducts or logs, or who shall meddle with or move the same, or any machinery, apparatus or fixture of the city, or who shall take down or deface any notice herein pro- vided, or cause the same to be done, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding one hundred dollars and by imprisonment in the house of correction until such fine shall have been paid; but no such imprisonment shall be for more than ninety days. Penalty for Breaking Pipes, Etc. : Sec. 10. Any person who shall wilfully and maliciously break or cut any inlet pipe, main distributing pipe, log, or aqueduct used by the commission for conducting water, or who shall dig up or break up any reservoir filled or partially filled with water, or who shall break or injure any pumping engine or any part thereof, or any machinery connected therewith, belonging to the city, or who shall cause any of these acts to be done, shall be guilty of felony, and on conviction, shall be punished by imprisonment in the state prison for not more than five years or by a fine not exceeding one thousand dollars and imprisonment in the county jail not more than one year. Courts of Competent Jurisdiction : Sec. 11. All violations of the provisions of this charter governing the water system shall, when committed within the city limits, be tried in the Recorder's Court, and when committed beyond the city limits, be tried in the Circuit Court for the County of Wayne. Power to Supply Water to Non-Residents : Sec. 12. The commission may extend distributing pipes, aqueducts and mains and erect hydrants without the city, and may regulate, protect and con- trol such portions of the works and the water supply therefrom in the same manner as it may regulate and control the works and water supply v?*khin the city. But before any water shall be supplied to any person or persons resid- ing without the city, the entire cost v,f laying such distributing pipes, includ- ing the cost of superintendence and engineering, shall be paid to the city, and all such distributing pipes through which any water shall be supplied by the commission shall be the property of the city and form a part of its system of distributing pipes. The commission may determine the rates at which water shall be sold to persons residing without the city ; but such rates shall be not more than double the amount charged to the inhabitants of the city. Property Transferred to City : Sec. 13. All lands, lots, docks, buildings, machinery, pipes, logs, hydrants, and all fixtures whatsoever, purchased, designated or used for the present water works of the city are hereby conveyed and vested in the city, which shall have full power to regulate, protect and control the same through the commission and the Common Council. 136 CITY CHARTER— CHAPTER XIII. Ill: Department of Public Lighting. Public Lighting Commission: Sec. 14. The Public Lighting Commission, as head of the Department of Public Lighting, shall supervise and control all public lighting and the public lighting plants ; shall as soon as practicable furnish and sell to any person, firm or corporation within the city, light at a stipulated rate which shall be approximately, but not less than, the cost thereof, under such conditions and subject to such regulations as the commission may adopt; may also under similar conditions and regulations furnish and sell light to any person, firm or corporation without the city limits; and shall have such other powers as are herein provided or may be necessary for the proper discharge of its busi- ness. Establishment of Public Lighting Plant: Sec. 15. The commission may procure lands, and purchase or construct the necessary buildings, engines, dynamos and other machinery, tools, lamps, lines, conduits, poles, towers and other apparatus and appliances, constituting a plant for lighting the city by electricity, or by other means or system ; lay pipes and conduits in the highways, alleys and public places, for gas or elec- tric light wires ; may erect in the highways, alleys, and public places, poles, towers or posts for wires or lamps ; and may place, construct and maintain the necessary lines of wires, either below or above ground, in the highways, alleys or public places. Whenever the commission shall have adopted plans and specifications for the erection of any buildings, the Commissioner of Public Works shall have the immediate supervision or superintendence of the construction thereof, of the laying of conduits in the public streets, and of the necessary excavation, refilling and repaving caused thereby. The com- mission may contract for the purchase of electricity for lighting purposes. Establishment of Gas Plant: Sec. 16. The commission shall examine and consider all matters relative to the manufacture of and supplying the city and its inhabitants with a suffi- cient quantity of gas for fuel, power and illuminating purposes; shall, as soon as the necessary funds shall have been procured as herein provided, purchase land and^material for and construct such works, plants, machinery, pipes and fixtures and such other commodities as shall be necessary to carry out the intent of this provision ; and may construct reservoirs and lay pipes in and through the streets and alleys and public places of the city, subject to the rules and regulations of the Department of Public Works. The commission may acquire by eminent domain such property as shall be needed and intended to carry out the intent of this provision, or which may hereafter be needed and intended, in such manner and form as is prescribed by the con- stitution of this state respecting the condemnation of public property by private agencies. Purchase of Existing Plant: Sec. 17. The commission may purchase, of any incorporated company now or hereafter manufacturing and supplying gas to the city and to its inhabitants, its works, property and rights and take a conveyance thereof in the name of the city; Provided, that the purchase of any such incorporated CITY CHARTER— CHAPTER XIII. 137 company supplying gas to the inhabitants of the city shall first be approved by a three-fifths vote of the electors of the city at any general or special elec- tion at which time the proposition may be submitted. Report of Engineer : Sec. 18. The commission shall employ a competent engineer who shall make estimates showing the cost of constructing a gas plant necessary to fur- nish gas for illuminating, fuel and power purposes to the city and to its inhabitants. He shall also in his report show the cost of maintenance of the plant with an estimate of the yearly depreciation. His report shall be com- plete in all details so as to enable the commission to determine: (a) the amount of money necessary for the plant construction; (b) the cost of main- taining the plant; (c) the depreciation on the plant; (d) the price at which gas can be sold to the city and its inhabitants. After receiving the report from the engineer the commission shall recommend to the Common Council that it submit an ordinance to the electors empowering the commission to purchase or construct a gas plant necessary to supply the inhabitants of the city with gas for illuminating, power and fuel purposes, and for the issuance of bonds necessary to pay for the same. Regulation of Price and Use of Gas: Sec. 19. The commission may fix the price of gas supplied by the muni- cipal gas plant per one thousand feet or in such other quantity as they may deem necessary; and shall make necessary by-laws and rules for the use of such gas, for the collection of payment therefor and for the preservation and use of the property under its control. All such rules or regulations shall be in a book of record kept for the purpose and signed by the president and secretary. The commission may also fix the price of gas for illuminating, power and fuel purposes furnished by any person, company or corporation now or hereafter supplying gas to the city or its inhabitants. Provision for Preliminary Expenses: Sec. 20. The Common Council shall furnish such money as it may deem advisable, not to exceed fifty thousand dollars, for the preliminary work of the commission in relation to acquiring a municipal gas plant. City Electrician : Sec. 21. The commission may employ an electrical engineer who shall be known as the city electrician. Injuring Public Lighting Property : Sec. 22. Any person who shall cut, break, injure or destroy any building, engine, dynamo or other machinery, or appliances, poles, posts, towers, lamps, wires or conduits erected, constructed or used for public lighting, whether owned by the city or by any party or parties contracting for the lighting of the city, with intent to prevent or interrupt the lighting of any public build- ing, or any part or portion of the city, shall be guilty of a misdemeanor, and, on conviction, shall be punished therefor by a fine of not less than twenty- five dollars nor more than five hundred dollars, or by imprisonment for not more than ninety days, or by both fine and imprisonment, in the discretion of the court. Proof that the act was was wilful shall be prima facie evidence of such intent. 138 CITY CHARTER— CHAPTER XIV. CHAPTER XIV. DIVISION OF PUBLIC WELFARE Administration of Public Welfare : Sec. 1. The administration of the public welfare in and for the city, except as herein otherwise provided, shall be vested in the Department of Health, the Department of Recreation, the Department of Public Welfare and the Department of Labor Welfare, as herein prescribed. I : Department of Health. Board of Health — Powers and Duties: Sec. 2. The Board of Health, as the head of the Department of Health, shall supervise and control the preservation, promotion and protection of the public health and the prevention and suppression of disease ; shall enforce all laws and ordinances relating thereto; shall have sanitary supervision of all lodging houses, tenements and other rooming houses; shall make, amend and enforce a sanitary code governing plumbing and drainage, except main and lateral sewers, and regulate public lodging houses, tenements and other room- ing houses; shall use all reasonable means for ascertaining the existence and cause of disease and peril to life and for averting the same throughout the city; shall receive and examine into the nature of complaints, made by any inhabitant of the city, concerning any cause of danger or injury to the public health within its jurisdiction; shall make such orders and regulations con- cerning intercourse with infected places, the apprehension, separation and treatment of persons who shall have been exposed to any infectious or con- tagious disease, the suppression or removal of nuisances, and other matters concerning the public health, as it may deem necessary and proper for the preservation of the public health ; shall give public notice and warning of infected places to travelers and other persons by posting placards or display- ing colored flags at proper distances, and by such other means as it shall deem most effectual for the common safety; shall promptly report to the state board of health facts which relate to infectious and epidemic diseases within its jur- isdiction ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of its duties. Health Officer — Powers and Duties : Sec. 3. The board shall appoint a health officer, who shall be a graduate in medicine of not less than ten years' practice, and shall hold ofSce at the pleasure of the board. He shall appoint,. suspend or dismiss all subordinates and employes in the department, as herein provided; shall devote his whole time to the sanitary condition of the city ; may, whenever the regular force of the department shall be inadequate, call upon the Corporation Counsel, Com- missioner of Police or other officer to enforce the orders of the department; and shall have such other powers and perform such other duties as are herein prescribed or may be prescribed by the board or by the laws of the state. CITY CHARTER— CHAPTER XIV. 139 Isolation, Quarantine and Release: Sec. 4. The board shall require such isolation and cjuarantining of per- sons, vessels and sources of infection as may be necessary. To this end it may forbid and prevent all communication with the house or family infected with any contagious, infectious or pestilential disease, except by means of physicians, nurses or messengers to carry the necessary advice, medicines and provisions to the afflicted, and may adopt such means for preventing all com- munication between any part of the city, infected with a disease of a pesti- lential, infectious or contagious character, and all other parts of the city, as shall be prompt and effectual. After examination, it shall release from such isolation or quarantine any person, vessel or thing whose release it shall deem safe. Whenever the board shall order such quarantine or isolation, or release therefrom, the board and the health officer shall make a record of the facts in the case and of the reasons for the action taken. Removal of Infected Vessels and Things: Sec. 5. \\'henever the board shall deem it probable that any infectious or contagious disease may be brought into the city or communicated to its in- habitants from any vessel lying at or near any wharf, landing place or shore of the city, it may order or direct the vessel to be removed therefrom and to such distance as the board shall consider safe. A copy of the order or resolu- tion, duly certified by the secretary, shall be delivered to the person or per- sons ha\ing command of the vessel, or to the master, owner or consignee thereof. Thereupon, such person or persons, master, owner or consignee, to whom the copy of the order shall have been delivered, shall forthwith comply therewith. The board may also order or direct to be removed to a place, to be designated by it, all things within the city which in its opinion shall be infected with any matter likely to communicate disease to the inhabitants. Every person who shall violate, or neglect or refuse to comply with, any such order or provision, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten dollars and not more than five hun- dred dollars, or by imprisonment for not more than one hundred and eighty days, or by lioth fine and imprisonment, in the discretion of the court. Gratuitous Care, Vaccination, Etc. : Sec. 6. The board shall procure suitable places for the reception of persons and things infected with malignant, contagious or infectious diseases ; shall in all cases, whenever sick persons cannot otherwise be provided for, procure for them medical and other attendance and necessaries; and may take meas- ures, supply agents and afford inducements and facilities for general and gratuitous vaccination and disinfection, as in its opinion the protection of the public health may require. Reports and Records of Infection: Sec. 7. The board shall take cognizance of and report every case of small- pox or varioloid occurring within its jurisdiction. It may, by its rules or ordi- nances, require that any householder, knowing that a person within his fam- ily is sick of smallpox, diphtheria, scarlet fever or other disease dangerous to the public health, and every keeper of a hotel or lodging house, knowing that a person within the hotel or lodging house is sick with any such disease, shall immediately notify the board, and, on the death, recovery, or removal of such person, cause the rooms occupied and the articles used by him to be 140 CITY CHARTER— CHAPTER XIV. disinfected in such manner as the board shall approve. It may also, by like rules and ordinances, require that any physician, knowing that a person whom he shall have called to visit is infected with smallpox, diphtheria, scarlet fever or other disease dangerous to the public health, shall immediately notify the board thereof. The board shall cause to be kept a record of all reports re- ceived, as herein provided, stating the names of the persons sick, the locali- ties in which they live, their disease, the names of the persons reporting any such cases and the dates of such reports and shall give the Board of Educa- tion or the Superintendent of Schools immediate information of all cases of contagious diseases reported to it. Right of Entry and Investigation : Sec. 8. The board may enter upon or within any place or premises, where conditions dangerous to the public health shall be known or believed to exist, and may, by appointed members or other persons, inspect and examine the same for the protection of life and health and for no other purposes. All owners, agents and occupants shall permit and facilitate such sanitary exami- nations, and the board shall furnish to such owners or occupants a written statement of the results or conclusions of such examination. Procedure to Isolate Infected Town, Etc. : Sec. 9. Whenever the state board of health shall have declared any town or city to be infected with a pestilential, contagious or infectious disease, the board may, for the protection or safety of the inhabitants of the city, subject to quarantine, at a place to be designated by it and for such time as it may deem necessary, all vessels arriving at the port of Detroit from such infected place, town or city. It may also prohibit or regulate the internal intercourse by land or water between the city and such infected place, town or city, and may direct that all persons who shall come into the city contrary to its pro- hibition or regulations shall be apprehended and either conveyed to the vessel or place whence they last came, or, if sick, conveyed to such place as the board shall direct, to which place it may send all non-residents in the city who shall be sick of any infectious, pestilential or contagious disease. City Hospitals: Sec. 10. The board may cause to be removed, to a proper place desig- nated by it, any person sick with any contagious, pestilential or infectious disease, and shall have exclusive charge and control of any public hospitals for the treatment of such case ; Provided, that the city shall prepare as good, comfortable and suitable rooms as the sick person occupied when taken sick. Sanitation of Factories, Etc. : Sec. 11. Every person employing two or more children, young persons or women, or five or more persons in a factory, workshop, mercantile or other establishment or office, shall keep the same in a cleanly state and free from effluvia arising from any drain, privy or other nuisance. The owner, lessee or occupant of any premises so used shall also cause the same to be provided, within reasonable access, with a sufficient number of proper closets, earth closets or privies for the reasonable use of the employes therein ; and shall, whenever five or more male persons and five or more female persons shall be employed therein together, cause to be provided a sufficient number of sepa- rate and distinct water closets, earth closets or privies for the use of each CITY CHARTER— CHAPTER XIV. 141 sex, with such use plainly designated thereon. No person shall be allowed to use any such closet or privy assigned to the persons of the other sex. No person shall employ any labor in any factory, workshop, mercantile or other establishment or office in which five or more persons shall be employed, in which there shall be such, want of ventilation during work therein that the air shall become exhausted to the extent of being injurious to the health of the employes therein, and which shall not be so ventilated as to render harm- less, as far as practicable, all gases, vapors, dust or other impurities, injurious to health, generated in the course of the manufacturing process or handi- craft carried on therein. Inspection of Factories, Etc : Sec. 12. The board shall, from time to time, cause to be inspected any fac- tory, workshop, mercantile or other establishment or office, in which two or more children, young persons or women, or five or more persons shall be employed. If in any factory or workshop dust, generated by any process car- ried on therein, shall be inhaled to an injurious extent by the employes therein, whenever it shall appear to the health ofificer that such inhalation could be, to a great extent, prevented by the use of a fan or other mechanical means, and that the same can be provided without excessive expense, he may direct the owner, lessee or occupant of the premises to provide, within a reasonable time, a fan or other mechanical means of proper construction. Whenever the health ofificer, or other authorized agent, shall find any person violating any other provision concerning the sanitation or ventilation of any factory, workshop, mercantile or other establishment or office, as herein pro- vided, the health officer shall forthwith notify such person in writing of the changes necessary to be made to comply with these provisions, which notice shall be sent by mail or delivered to such person. A notice to all members of a firm or to a corporation shall be deemed a sufficient notice hereunder when given to one member of the firm, or to the clerk, cashier, secretary, agent or any other officer having charge of the business of the corporation, or to its attorney, or, in case of a foreign corporation, when given to the officer having charge of the factory, establishment or workshop, and such officer shall be personally liable to the amount of any fine, if execution against the corpora- tion shall be returned unsatisfied. All changes required by the health officer to be made, as herein provided, shall be made forthwith by the owner, lessee or occupant of the premises; but if the changes shall be made by the lessee or occupant thereof, he may recover, against any other person having an interest in the premises, such proportion of the expense of making the required changes as the court shall adjudge should justly and equitably be borne by the defendant. To this end the lessee or occupant may retain from any rent payable to the defendant the amount so recoverable as an offset thereto. If any person, so notified, shall not^ within four weeks after delivery of the notice, make the required changes, he shall be guilty of a misdemeanor, and, on conviction, shall be punished accordingly. Public Buildings and Schoolhouses : Sec. 13. The public authority, corporation or person or persons having charge of, owning or leasing any public building or schoolhouse shall cause the same to be kept in a cleanly state and free from effluvia arising from any drain, privy or other nuisance, to be provided with a sufficient number of water closets, earth closets or privies for the reasonable use of the persons. 142 CITY CHARTER— CHAPTER XIV. admitted to the public building or of the pupils attending the schoolhouse, and to be ventilated in such proper manner that the air shall not Ijecome exhausted to the extent of being injurious, to the health of the persons present therein. The board shall, from time to time, cause to be inspected every pub- lic building and schoolhouse. Whenever it shall appear to the board that fur- ther or different sanitary provisions or means of ventilation will be required in any public building or schoolhouse in order to make it conform to the sanitary and ventilating provisions herein required, and that the same can be provided without incurring unreasonable expense, the board may issue a written order requiring the proper person or authority to provide the required sanitary provision or means of ventilation. If the public authority, corporation or persons having charge of, owning or leasing such public build- ing or schoolhouse shall not, within four weeks after receipt of the order, make the required provision, the same shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten dollars and not more than five hundred dollars, or by imprisonment for not more than one hundred and eighty days, or by both fine and imprisonment, in the discretion of the court. Definition of Terms "Factory," "Workshop," Etc. : Sec. 14. The term "factory," whenever used herein, shall be understood to mean any premises where steam, water or other mechanical power is used in aid of manufacturing carried on therein. The term "workshop," whenever used herein, shall be understood to mean any premises, room or place, not being a factory, where any manual labor is therein exercised, by way of trade or for purposes of gain, in, or incidental, to any process in making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which premises, room or place the employer of the persons working therein has the right of access or over which he has control. But the exercise of such manual labor in a private house or private room by the fam- ily dwelling therein, or by any of them, or by employes the majority of whom are members of such family, shall not of itself constitute such house or room a workshop within the definition. The term "public building," whenever used herein, shall be understood to mean any building or premises used as a place of public entertainment, instruction, resort or assemblage. The term "school- house," whenever used herein, shall be understood to mean a building, room or premises, in which public or private instruction is afTorded to not less than ten pupils at one time. Inspection of Food, Drink and Drugs: Sec. 15. The board shall enforce all provisions of law and of the ordi- nances, within its jurisdiction, relating to the inspection of milk, meats, bread, vegetables, or other articles of food, drink and drugs, and relating to the pre- vention of the sale of adulterated, diseased, decayed, or other improper articles of food, drink or drugs. Whenever any law or ordinance shall require inspec- tors to be appointed for the inspection of any such articles, such inspectors shall be appointed by the health ofificer. Control Over Public Nuisances: Sec. 16. Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the sewerage, drainage, or ventilation thereof. whether as a whole or in any particular, shall, in the opinion of the board, be CITY CHARTER— CHAPTER XIV. 143 in a condition or in effect dangerous to life or health, the board may take and hie among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance or dangerous to life or health. The board may thereupon enter in its records the same as a nuisance, and order the same to be removed, abated, suspended, altered, or otherwise improved or purified, as the order shall specify. If any party served with such order shall, before its execution shall have been commenced or within three days after such service or attempted service, apply to the board or the health officer for a modification of the order or a stay of its execution, the board shall modify the order or temporarily suspend its execution, except in cases of imminent danger from impending pestilence, when the board may exercise extraordinary powers, as herein elsewhere pro- vided, and shall give such party or parties together, as the case in the opinion of the board may require, a reasonable and fair opportunity to be heard and to present facts and proofs according to the rules or directions of the board against the declaration and the execution of the order, or in favor of its modifi- cation, according to the regulations of the board. The board shall enter in its minutes a memorandum of such facts and proofs as it may receive or take and of its proceedings on such hearing, and may thereafter rescind, modify or reaffirm its declaration and order, and require execution of the original, or of a new or modified order to be made, in such form and effect as it may finally determine. In cases where no hearing shall have been asked for by the party affected, the order shall not be so altered as to render its effect more burdensome than the original order. The board may change or modify any order, and may by resolution confer upon the president or health officer power to exercise, in the absence of the board, the authority herein given to modify any order or temporarily suspend its execution. Abatement of Dangerous Conditions: Sec. 17. The board may order or cause any excavation, erection, vehicle, vessel, water craft, room, building, place, sewer, pipe, passage, premises, ground, matter or thing in the city or adjacent waters, regarded by the board as in a condition dangerous or detrimental to life or health, to be purified, cleaned, disinfected, altered or improved. The board may also order any sub- stance, matter or thing regarded by the board as dangerous or detrimental to life or health, being or let in any street, alley, water, excavation, building, erection, place or grounds, whether the place where the same may be shall be public or private, to be speedily removed to some proper place; and may designate or provide a place to which the same shall be removed, when no such adequate or proper place, in the judgment of the board, shall have been already provided. If the order shall not be complied with, or so far complied with as the board may deem reasonable, within five days after service or attempted service, or within any shorter time which in case of a pestilence the board may have designated, or is not thereafter speedily and fully executed, then any such order may be executed in like manner as any order of the board. Publication of Orders and Resolutions: Sec. 18. The board shall, from time to time, publish in the official news- paper all general orders and resolutions of the board in such manner as to secure early and full publicity thereto. 144 CITY CHARTER— CHAPTER XIV. Special Orders and Regulations : Sec. 19. The board may, without publication thereof, make such orders and regulations in special or individual cases, not of general application, as it may see fit, concerning all matters within its jurisdiction, and may serve copies thereof upon any occupant or occupants of any premises, whereon any such nuisances, or other matters within its jurisdiction shall exist, or post the same in some conspicuous place on such premises. Every person who shall wilfully violate or refuse to obey any order so made and served, or posted, shall be guilty of a misdemeanor, and, on conviction, shall be punished by fine or imprisonment, or both, in the discretion of the court; but no fine shall exceed one thousand dollars, and no imprisonment shall exceed one hundred and ninety days. Procedure in Cases of Non-Compliance: Sec. 20. In any case of non-compliance with any order or regulation which shall have been duly served or posted, the board, or its authorized agents, may enter upon any premises to which the order or regulation relates, do what the order or regulation requires to be done, and suppress or remove any other nuisance or matters within its jurisdiction found there existing and requiring to be suppressed or removed. The expense thereof shall be a charge upon the occupant or any or all of the occupants of the premises, and may be sued for and recovered with costs under the direction of the board, in the name of the city, in any court having jurisdiction. The same shall also be a charge against the owner or owners of the premises, which the Common Council on certificate of the board as to the amount of the expenses incurred and the pur- poses for which the same were incurred, may cause to be assessed against the premises and the owner or owners thereof. This assessment shall be collected in the same manner and by the same proceeding as special assess- ments are levied and collected for the construction of sidewalks. Whenever any occupant or lessee of the premises shall have paid the expense incurred, he may recover from any other person having an interest in such premises such proportion of the expense as the court shall adjudge should justly and equitably be borne by the defendant, and he may deduct and retain from any rent payable to the defendant the amount so recoverable as an offset thereto. Duties of County Coroners: Sec. 21. The board may, from time to time, fix and define the time of making and the form of returns and reports, to be made to it by the Coroners of the county of Wayne, in all cases of post mortem inquests or viewing of dead bodies held by them or any of them in the city, every Coroner shall, at once and before holding an inquest, upon being called upon to hold an inquest or notified thereof, immediately transmit and cause to be delivered to the secretary of the board written notice of the fact of the call for holding an in- quest, in which shall be stated every particular then known to the Coroner as to the call, the body, the place where it is, and the reported cause of death. If at any time the board, or the health officer, shall deem the protection of the public health to demand it, it or he may, as soon as the Coroner's jury shall have viewed the dead body, and an autopsy thereof, when deemed neces- sary by the Coroner, shall have been made, order the immediate burial of any dead body, or, if the health officer or the board shall deem that the public health demands an immediate removal of the body from the place of death CITY CHARTER— CHAPTER XIV. 145 to another place for inquest, may likewise at any time order the immediate removal and cause the order to be obeyed and executed. Burial and Removal Permits: Sec. 22. The board may designate the person who shall grant permits for the burial of the dead; may prescribe sanitary regulations for such burial; and may, by its regulation, provide that no burial shall be made until a cer- tificate of the death and its causes, if known, shall have been made and pre- sented, as required by the regulations, and until thereupon a permit for burial shall have been given by the board or its designated agent. The board shall grant a permit for the removal from the city of the unburied body of any de- ceased person upon receiving a certificate of death made in accordance with its rules. It may also grant to a licensed undertaker a permit for the re- moval of the remains of any person interred within the city to a place without the same, on the application of a relative or friend of such person, when there shall appear to be no just objection thereto. Reports of Dispensaries, Hospitals, Etc. : Sec. 23. The board shall require, from all public dispensaries, hospitals, asylums, infirmaries, prisons and schools, and from the managers, principals and officers thereof, from all other public institutions, their officers and mana- gers, and from the proprietors, managers, lessees, and occupants of all thea- ters and other places of public resort and amusement in the city, reports and information at such times, of such facts and generally of such nature and extent, relating to the safety of life and promotion of health, as its by-laws or rules may provide. The reports and information shall be required only con- cerning matters or particulars in respect of which it may, in its opinion, need information for the better discharge of its duties. The officers, institutions, and persons, so called on, or referred to, shall promptly give such information and make such reports, orally or in writing, as the board may require. Information to Other Cities, Etc.: Sec. 24. The board shall promptly cause all proper information in its pos- session to be sent to the local authorities of any city, village or town in the state which may request the same, and shall add thereto such useful sugges- tions as its experience may supply. Power to Issue Warrants : Sec. 25. The board may issue warrants to the superintendent of police, the sheriff of the county of Wayne, or to any constable to apprehend and re- move such persons, as cannot otherwise be subjected to its orders and regula- tions. The board may also, whenever it shall be necessary to do so, issue its warrant to the sherifT, the superintendent of police and the constables to bring to its aid the necessary assistance. The sheriff, superintendent of po- lice and constables shall forthwith execute all such warrants directed to them, and, in the execution thereof, shall possess the like powers and be sub- ject to the like duties as if the same had been duly issued out of any court of record in the state. Reports of Sanitary Inspections: Sec. 26. The Health Commissioners, health officer, sanitary inspectors, and other authorized agents of the board may, without fee or hindrance. 146 CITY CHARTER— CHAPTER XIV. enter, examine and survey all grounds, erections, vehicles, structures, apart- ments, buildings and places in the city, including vessels of all kinds in the waters, and all cellars, sewers, passages and excavations of every sort, in- spect the safety and sanitary condition thereof, and make plans, drawings and descriptions thereof, according to the orders or regulations of the board. The board may make and publish a report of so much of the sanitary condi- tion and the result of the inspection of any place, matter or thing so inspected, or as herein otherwise provided, as in its opinion may, when published, be useful. Recovery of Damages Against Board: Sec. 27. No Health Commissioner, employee of the board or other person shall be sued or held to liability for any act done or omitted by him, in good faith and with ordinary discretion, on behalf of or under the board, or pur- suant to its regulations, ordinances or the health laws. But any person whose property may have been unjustly or illegally destroyed or injured, pursuant to any order, regulation or ordinance, or action of the board or its agents, for which no personal liability may exist, as herein provided, may maintain a proper action against the city for the recovery of the proper compensation or damage to be paid by and from the funds of the board. Every such suit shall be brought within one year after the cause of action shall have arisen, and the recovery shall be limited to the damages sufifered. Injunction of Threatened Nuisance, Etc.: Sec. 28. Any court of equity having jurisdiction of the parties or of any lands or other property mentioned in the bill of complaint may, at the suit of the city, by an injunction or other proper process, prevent any threatened nuisance, source of filth or cause of sickness, and remove, arrest or abate the same. The Department of Law, when requested by the board, shall bring such suit. The complainant shall not be required to make or file any bond or other undertaking as a condition of granting or continuing any injunction therein, but there shall be the same right to sue and recover against the city the same damages, when the right is so reserved to the defendant in the order granting or continuing an injunction, as the party would have had, had an undertaking or bond been executed conditioned for the payment of such dam- ages as a condition for granting or continuing the writ. Birth and Death Certificates : Sec. 29. In case of the death of any person in the city, the physician who shall have had charge of or been in attendance upon the person at the time of death, and every coroner holding an inquest, shall within twenty-four hours file with the board a certificate stating, to the best of his knowledge, information and belief, the name, age, sex, nativity, occupation or profession of the deceased, the date and manner of his death and the name of the disease. The physician or other person attending at the birth of any child shall file with the board a statement or certificate of the birth of the child, its sex, place of birth, the names and color of its parents, and such other particulars as may be required by law or any ordinance. The board shall keep a record of all matters thus certified to it. Regulations Concerning Slaughtering : Sec. 30. No person or persons shall slaughter any cattle, sheep, calves or hogs in the city, except and only in abattoirs or slaughter-houses located. CITY CHARTER— CHAPTER XIV. 147 constructed, operated and contlucted as herein provided. Every abattoir or slaughter-house shall be provided with a water-tight floor, and with proper catch basins of sufficient capacity, into which all the wash of the house shall be conducted and pass through the compartments or sjiaces formed therein by different partitions, in such a way as to hold back and retain all the fats and offal, allowing only water to flow into the sewers. All fats shall be re- moved from the water, and all otfal, unless dried on the premises, shall be carted away in vehicles having water-tight and properly covered boxes. No J)lood, bristles, hair, entrails, or any offal whatever shall be allowed to enter any public sewer. Within six hours after slaughtering, all entrails shall be emptied, all blood cooked and all offal cleaned up at the place of slaughtering. All gases, including steam from rendering or cooking tanks, or from drying or cleaning rooms, shall be conducted immediately to a reservoir of sufficient capacity, filled with cold water, and there condensed. After each day's work the water from this reservoir shall be pumped or syphoned into the sewer. But the gases may be conducted into and passed through the fires under the boiler and consumed. All slaughtering of animals shall be conducted with- out exposure, to the public, and the slaughter-houses or abattoirs shall be thoroughly washed out after the work of killing each day. Inspection of Slaughter-Houses: Sec. 31. The board shall, from time to time, cause to be inspected all slaughter-houses or abattoirs in the city. The health officer or any authorized agent of the board may at all times without restriction enter and inspect any abattoir or slaughter-house, together with its appliances, method of conduct- ing the work of slaughtering animals and the care of the same, and the dis- posal of all oft'al and refuse resulting from the business in question. Abatement of Slaughter-House Nuisance : .^ec. 32. Any person or persons who shall locate, maintain or operate any slaughter-house or abattoir contrary to the requirements therefor herein set forth shall be deemed to be maintaining a public nuisance. On the com- plaint of any citizen or resident freeholder, the board shall investigate the matter at once, and if it shall find on investigation that any of the require- ments herein set forth are being violated, it shall institute proceedings to abate or remove the nuisance, as herein provided. Written or printed notices, or partly written and partly printed notices, shall be personally served upon or sent by mail to the owner, owners, agent or occupant acting for the own- er or owners, of any slaughter-house or abattoir located, maintained or operated contrary to the requirements herein set forth, informing the owner, agent or occupant that his slaughter-house or abattoir is a public nuisance, that must be abated or removed within thirty days after service of the notice. .\ similar notice and order shall be posted up in a conspicuous place on every building in which such nuisance is found to exist. In case the notice and order herein prescribed shall not be obeyed and the nuisance shall not be abated or removed within the time specified therein, the circuit court for the county of Wayne in chancery may, on application of the board, enjoin the further maintenance and operation of the slaughter-house or al)attoir con- trary to the requirements herein set forth. Penalty for Misdemeanors: Sec. 33. Any person or persons who shall knowingly and wilfully violate any ]3rovision relating to slaughter-houses or abattoirs, or who shall neglect 148 CITY CHARTER— CHAPTER XIV. to perform any duty required of him in relation to slaughter-houses or abat- toirs, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days, or both, in the discretion of the court. Emergency Appropriations : Sec. 34. In the presence of a great and eminent peril to the public health, by reason of impending pestilence, the board may report to the Common Council that, in its judgment, the security of the public health requires the expenditure of moneys in the current fiscal year in excess of the annuaf appropriation for the purposes of the board. The Common Council may there- upon cause to be placed to the credit of the board, such sum of money as may,, in the judgment of the Common Council, be required, which sum may be taken from the contingent fund, or raised by a temporary loan, payable within such time as the Common Council may determine, not exceeding three years, and not exceeding in all the sum of one hundred thousand dollars. II: Department of Poor Relief. Poor Commission — Powers and Duties: Sec. 35. The Poor Commission, as head of the Department of Poor Relief, shall have full charge and control of all poor applying for, public aid in the city; shall appoint a superintendent of the poor; shall enforce all ordinances, regulations and resolutions of the Common Council relative to the city poor and the funds raised for this relief; may receive and disburse donations for the relief of the poor; may act in conjunction with any society or organiza- tion organized for charitable purposes in the city; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of its duties. Distribution of Clothes, Provisions, Etc.: Sec. 36. The commission may purchase clothing, provisions, fuel, medi- cines and supplies for distribution among the poor; but no money shall be paid out of the city treasury for any such purchases unless and until the Com- mon Council shall have authorized the Controller to draw his warrant there- for. It may issue orders to the poor for provisions, clothing, boots and shoes, fuel, water taxes, and transportation, and also make cash disbursements, all to be paid out of the poor fund, under such rules and regulations as the Com- mon Council may prescribe. Care of Sick and Deceased Poor : Sec. 37. The commission may contract with any or all hospitals and asy- lums in and adjoining the city for the care of sick poor and such others as may come under their care and control, or may, in the name of the city, acquire, own, establish, construct, operate and control municipal hospitals, infirmaries and farm colonies within or without the city limits for the same. It shall also have charge of all deceased poor who may be public charges within the city, and for that purpose may contract with superintendents of ceme- teries, and employ such other persons as they may deem necessary for their proper burial. CITY CHARTER— CHAPTER XIV. 149 City Physicians — Appointment and Duties : Sec. 38. The commission shall appoint three or more city physicians, who shall be resident electors of the city, graduates of an estalalished medical school or college, of good standing in their profession, and have been in prac- tice for at least three years. They shall perform such duties and observe such rules and regulations in the care and treatment of the sick poor as the commission may make. They shall also perform such duties and receive such compensation as the Common Council may prescribe, at a rate of not less than $1,500 each per annum. Distribution of County Relief: Sec. 39. The commission shall perform the duties and make the disburse- ments out of the county temporary relief fund now authorized by the laws of the state to be made by the Aldermen of each ward, whose term of office will soonest expire, in the capacity of supervisor of his respective ward, and the commission is vested with all the powers and duties of the Aldermen as such supervisors relative to the support of the poor. The county superin- tendents shall grant no temporary relief in the city ; but all such relief from the county temporary relief fund shall be granted by the commission and the commission may draw its warrants on the cotinty treasurer therefor. Poor Commissioners County Superintendents: Sec. 40. The Poor Commissioners shall be members of the board of super- intendents of the poor for the county of Wayne, and as such shall have all the powers and perform all the duties required of county superintendents of the poor. Ill: Department of Recreation. Recreation Commission — Powers and Duties: Sec. 41. The Recreation Commission, as head of the Department of Re- creation, shall manage, direct and care for whatever provisions are made by the city for playgrounds, playfields, indoor recreation centers, debating clubs, gymnasitims and public baths ; shall make the necessary inspections required by the ordinances for maintaining a wholesome and moral quality of all forms of commercial recreation for which licenses are required ; may appoint a super- intendent of recreation, a deputy superintendent and such other directors and caretakers as may be necessary for the proper conduct of an adequate recreation system for the city ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of its duties. Playgrounds in Parks and School Grounds: Sec. 42. The commission may carry on playgrounds and indoor recreation facilities on the grounds in the buildings in charge of the Board of Education, and shall pay for the necessary supervision and caretaking incident to such recreation activities. But nothing herein shall be construed to abridge the power of the Board of Education to veto the use of any of its grounds or buildings for recreation purposes. It may also issue permits for the use of playfields on park property, and supervise, care for and equip playgrounds and playfields in property under the control of the Commissioner of Parks and Boulevards. But nothing herein shall be construed to abridge the right of the Commissioner of Parks and Boulevards to regulate the scenic develop- ment and landscaping of the city's park areas. 150 CITY CHARTER— CHAPTER XIV. Control Over Recreation Licenses: Sec. 43. The commission may inspect all forms of commercial recreation, such as theaters, moving picture shows, pool and billiard halls, bowling alleys and other commercial recreation places for which licenses are or may hereafter be required by the ordinances. No such license shall be issued except on the written recommendation of the commission that the recreation place for which license is sought is furnishing recreation of a wholesome moral quality. But nothing herein shall be construed to abridge the powers of the Department of Police to enforce order in such commercial recreation places or to abridge the powers of the Departments of Public Safety, Public Lighting, Health and Fire Protection, to insure the safety and sanitary condi- tions of the buildings where such commercial recreations are conducted. Financial Maintenance: Sec. 44.' The Common Council shall provide the necessary funds for the establishment and extension of a recreation system under the charge and control of the commission through the use of facilities already owned by the city, and may provide additional moneys from the general taxes or by issu- ing bonds for the acquirement of additional property or for the erection of necessary buildings for the further extension of the recreation system under the charge and control of the commission. IV: Department of Labor Welfare. Commissioner — Powers and Duties: Sec. 45. The Commissioner of Labor Welfare, as head of the Department of Labor Welfare, shall have general charge and supervision of labor interests in the city; shall devote his whole time to the duties of his office; shall co-operate with and give assistance to the state department of labor in its supervision of labor interests in the city ; and shall have such other powers as are herein prescribed or may be necessary for the proper discharge of his duties. Legal, Arbitral and Other Aid: Sec. 46. The commissioner, with the assistance of an attorney, to be assigned to the department by the Corporation Counsel and to be known as the Attorney of Labor Welfare, and other employes in the department, shall, when solicited, give advice to workingmen and workingwomen in matters relating to their employment ; shall aid in adjusting differences between employer and employee ; shall, when called upon by both interested parties, act as arbitrator to assist in the settling of a strike or other labor disagreement; shall, where possible, by co-operation with employers, regulate the supply and demand of labor; shall assist the workman in securing the rights given iiim by the laws of the state and the ordinances of the city relating to labor; shall, in worthy cases, aid in the collection of wages; and shall render such other legal services, including the commencing, the prosecution or the defense of civil suits, when the workingman applying for aid shall not be able to hire an attorney and, in the opinion of the commission, shall be deserving of aid. Investigation of Social Vice: Sec. 47. The commission may, at any time, investigate labor conditions affecting the question of social vice and the relation of immorality to wages CITY CHARTER— CHAPTER XIV. 151 paid, employment and housing conditions. To aid in the conduct of any such investigation he may appoint one or more residents of the city, who shall act \vit','3ut pay. The Common Council may grant such powers to the commis- -■ ner as may be found necessary or advisable to carry on such investigation. Employment, Loan and Other Bureaus: Sec. 48. When so authorized by the Common Council, the commissioner shall conduct a municipal free employment bureau, a municipal loan bureau, or other such bureau affecting the welfare of the laboring classes as may be thought advisable. Annual Report: Sec. 49. The commissioner shall prepare and submit to the Mayor and Common Council an annual report containing a review of the work done by the department during the year, together with such recommendations as he may deem necessary. 152 CITY CHARTER— CHAPTER XV. CHAPTER XV. DEPARTMENT OF ARTS Commission — Powers and Duties: Sec. 1. The Arts Commission, as head of the Department of Arts, may, in the name of the city, acquire, own, establish, construct, operate and control an institute of arts, to be known as the Detroit Institute of Arts; may, in the name of the city ; acquire and hold such real estate as may be necessary or incidental thereto ; may, in the name of the city, receive and use for the pur- poses of the institute, such devises, contributions, gifts and bequests as may be made to it for art purposes ; and may, in the name of the city, receive, ac- quire, collect and own paintings, sculpture, engravings, drawings, pictures, musical instruments, books and other works of art. The commission shall also have the exclusive control, government, management and direction of the several buildings, premises, property and appurtenances thereto which it may at any time acquire for the purposes of the institute: shall make, amend and enforce such rules and regulations governing the institute as it may deem necessary; and it shall have such other powers as are herein provided or may be necessary for the proper discharge of its duties. Admittance to Institute : Sec. 2. Admittance to the institute shall be free to the public at all times, subject to such reasonable regulations as to the hours and days as the com- mission may establish; Provided, that the commission may fix the qualifica- tions necessary for admission to any class maintained by it for instruction in any of the arts. Property, Funds, Etc.: Sec. 3. All moneys received by the commission from whatever source shall be paid to the City Treasurer to apply exclusively on the purposes for which such moneys shall have been received. All gifts, devises or bequests made to the commission shall be faithfully used for the purposes for which the commission is established and for which they shall be made. Annual Report and Records : Sec. 4. The commission shall cause to be kept faithful records of its work and books of account, which shall, at all reasonable times, be open to the inspection of any Arts Commissioner, of the Mayor, of any Alderman, or of any other city employee herein empowered; and shall annually make a report to the Common Council of the progress of its work and of the expenditure of all moneys received. Time of Taking Effect: Sec. 5. No provision of this charter relating to the Department of Arts, the Arts Commission or the Institute of Arts shall take effect until the Detroit CITY CHARTER— CHAPTER XV. 153 Museum of Art shall declare its intention to transfer all its powers, prop- erty, privileges, and possessions to the city for the use of the Department of Arts and shall make application to the Mayor to take over the same in the name of the city. Upon receiving such application, the Mayor shall appoint the Arts Commission, as herein provided. The commission shall, within thirty days thereafter, proceed, in the name of the city and with the appropri- ate legal measures, to receive the powers, property, privileges and possessions of the Detroit Museum of Art. Thereupon, when such legal transfer shall have been fully made, all provisions of this charter shall go into efifect. CHAPTER XVI. REPEAL OF PRESENT CHARTER Sec. 1. Act number three hundred and twenty-six of the local acts of the year eighteen hundred and eighty-three, entitled "An Act to Provide a Charter for the City of Detroit, and to repeal all Acts and Parts of Acts in conflict therewith," as amended, and all special acts relating to the city except such as no city may alter, amend or repeal, in conflict with any provision of this charter, are hereby repealed and declared to be of no efi'ect. All special acts or parts of special acts not in conflict with the provisions of this charter, all ordinances, resolutions and other proceedings of the Common Council, not in conflict with the provisions of this charter, and all acts, regulations or other proceedings of the city or any board, commission or officer thereof, not in conflict with the provisions of this charter, entered into, done or adopted in ac- cordance with law, are hereby continued in full force and effect until altered, amended or repealed in accordance with law. ERRATA Page 105, Sec. 42, Chapter 10 — The words "on account of disability" should be stricken out of the 4th line. In the same line after the word "mission" should be inserted the following: "and the commission shall, on application of the member, place the applicant." Page 38, Sec. 47, Chapter 3 — In the 6th to the last line the word "persons" should be "person." Page 136, Sec. 16, Chapter 13 — The word "public" in the next to the last line should be "private". The word "private" in the last line should be "public". CITY CHARTER— INDEX. 155 INDEX AFFIDAVITS— . . , 55 Chairman Common Council committees may take.. ^^ Circulator, recall petition, affidavit of ..... ■ 52 Circulator, referendum petition, affidavit of.... j^^ Departmental estimates must be accompanied by ^3 Nominating petition— form of affidavit ALDERMEN- 44 .^ct as Count V Supervisors 74 Annual bulget (duties in connection) ^^ Duties of (see Common Council) _jj Election of • ■ ■ .• ig May be removed by two-third vote of Council ^^ Mav be Notaries Public ■ cc Not to vote on questions in which interested ^^ One from each ward to be elected ^g Oaths may be administered by ^g Penalty for corruption ^g Power to administer oaths ^^ Recall of 44 Salary of Aldermen _^j Term of 43 Vacancy — how filled ANNUAL BUDGET— . ,....• ,.^ 74 Board of Estimates recommendations on annual budget not printtrt /J* Board of Estimates action on annual budget not recorded. . I'u'r'l' 7I Bond issue mandatory for all permanent improvement items in annual budget. /4 Consideration by Common Council •- _ . Consideration of annual budget by Mayor '^'* Controller's estimates -, Correction of errors in budget ■ .• _, Date annual budget must be transmitted to Council /o Date annual budget must be transmitted to Mayor ^^ Date annual budget takes effect '^ Departmental estimates in budget .'J^ Determination of annual budget 't Limit of money raised by taxation for annual budget 'J* Mayor mav decrease or disallow items in annual budget /^ Mavor to slate reasons for action on annual budget '^ No'item to be considered unless transmitted through Controller /J Permanent improvements to be by bond issue 'J* Reconsideration of items vetoed by Mayor _. . ■ ^J Supplemental estimates— time limit fixed on transmitting /J Sworn statement to accompany budget from each department /J Two-thirds vote of Council to restore items cut out by Mayor /5 APPOINTMENTS— . ,, Appointing by promotion and transfer. °J. .Appointing procedure under civil service "^ Assessors by Mayor .fj .\ttorney of Labor Welfare ^^" City Clerk to notify officers of appointment ™ City Electrician ||^ City Engineer i^j City Engineer's Assistant f-^ City Physicians q^ City Scavengers ^° City Statistician by City Clerk W Commissioner of Public Safety (comes under heading Appointive Officers).. .. 44 Commissioners by Mayor Tj Controller by Mayor ^^ 156 CITY CHARTER— INDEX. APPOINTMENTS— Cont. Controller to be notified by Civil Service Commissioners of appointments.. .. 62 Corporation Counsel by Mayor 44 Departmental secretaries 57 Deputies by heads of departments 57 Engineer to make estimate of cost of gas plant 136 Fire department officers 105 Fire Marshal 105 Harbor Master 96 Health Board appointments in control of Health Officer 138 Health Oflficer 138 Heads of all departments by Mayor 44 Members of all boards and commissions by Mayor unless otherwise specified. 44 Notice of appointments to Civil Service Commission 61 Officers created by Common Council — Mayor to appoint 44 Police ofificers — appointment by Commissioner 95 Police Pension Committee — by Common Council 98 Recreation Commission (comes under heading Appointive Officers) 44 Registrars and Inspectors — by Common Council 43 Sealer of Weights and Measures •. 96 Secretaries of departments 57 Street Railway Department appointments 126 Superintendents of bureaus appointed under competitive examination 109 Superintendent of Construction of public buildings 121 Superintendent of House of Correction 117 Superintendent of Poor 148 Superintendent of Recreation 149 ARRESTS— Electors — removing ballots 31 Persons refusing to assist Inspectors at election 39 Power 101 ARTS, DEPARTMENT OF— Annual appropriation for 54 Additional buildings by bond issue 54 Arts Commission 152 Annual records of Arts Commission to be kept 152 Commission — powers and duties 152 Detroit Museum of Art to transfer property to city 152 Free admission to Art Institute 152 Receipts of Arts Commission to City Treasurer 152 ASPHALT PLANT— Establishment of, etc 123 ASSESSORS, BOARD OF— Act as County Supervisors 44 Appointment 44 Assessors may demand lists of property 76 Date must complete assessment rolls 75 Delivery of tax rolls to Controller 76 Hearing of complaints by Assessors on assessment rolls 76 Manner of describing property by Assessors 75 Notice of completion of rolls given by Assessors 76 Prepare state and county tax rolls 79 Shall assess all property 75 Transmitting assessment rolls to Council 76 ASSESSMENT OF PROPERTY FOR TAXES— Annual levy for city budget 75 Assessment of personal property 76 Assessment rolls for county and state 79 Assessments for opening streets 77 Assessors may demand lists of property 76 Board of Assessors to make assessments 75 Completion of assessment rolls .* 76 County and state tax rolls 79 Hearing of complaints on assessments 76 Local assessments 77 Lot lying in two wards — how to assess 75 Paving assessments 78 Publication of notice to taxpayers '. . . . 76 Review and confirmation by Common Council 76 CITY CHARTER— INDEX. 157 78 Sewer assessments _„ Sidewalk assessments i.?. Special assessment rolls ^° Time and manner of assessment of taxes '■' BALLOTS— ,. Ballot — non-partisan, preferential form ^° Counting ballots ^^ Counting of — by Canvassing Board ■^ Counting by City Canvassers ^' Delivery of ballots 5° Depositing ballot in ballot box ^ Distribution of ballots Vs 90 ^fi Elector's procedure with ballot "^'^^'^ Excess ballots — method of disposing of ^ Exhibition or removal of ballots ^^ False ballots j/ Form of when four or more candidates j^ Form of when only three candidates 25 Form of when fewer than thr.ee candidates o, ?^ General information about ballots (see Elections) » 21-40 Instructions for printer 25 Marking ballot for disabled electors.. 31 Non-partisan preferential form (see insert) 26 Opening of package of ballots • 28 Procedure when elector has marked more than one first and second choice... 34 Propositions on 25 Requirements of 25 Returns of ballots cast 35 Sample ballots 27 Spoiled ballots 32 Supply of ballots 27 Tallying ballots j4 BELLE ISLE BRIDGE— Custody of, etc 124 BOARD OF CITY CANVASSERS— See Canvassers, Board of 37 BOARD OF ESTIMATES— Abolishment of Board of Estimates 74 City Clerk to have no duties in connection with 74 Date of first session in 1914 74 Duties of board in 1914 74 Proceedings of board not to be recorded 74 Sessions of board to be called by Common Council 74 BOARD OF REGISTRATION— See Registration 11-20 BOILER INSPECTION, BUREAU OF— Boiler inspection — superintendent of 112 Investigates accidents, defects, etc 112 Issues permits for alterations, etc Ill Issues permits for installation Ill Powers and duties 111-112 BOOTHS, ELECTION— See Elections 21-40 BONDS— Alley paving bonds 90 Annexed territory water bonds assumed by Water Commissioners 90 Council may borrow money on appropriations not yet available 90 Emergency bonds 89 Faith and credit of city pledged on all bonds 91 Lateral sewer bonds 90 Local improvement bonds 90 Payment of interest on bonds 89 Permanent improvements to be by bond issue 87 Public calamity — money may be borrowed in case of 90 Registered bonds 89 Requirements of bonds 87 Sale of bonds 88 Street paving bonds 90 Unauthorized bonds void 90 158 CITY CHARTER— INDEX. BOULEVARDS— Acquisition of lands J^^ Plat 124 , BOUNDARIES— City ,1-2 Wards 2-10 BRIBERY— Aldermanic • '*° Appointments or promotion not to be influenced 63 Bribery and illegal voting 40 Police Department — gifts, fees, etc lOO BRICK PLANTS— Establishment of 123 BRIDGES— City Plan and Improvement Commission to approve location 125 Belle Isle Bridge 124 BUILDING INSPECTION, BUREAU OF— Bureau of Department of Public Safety ,J09 Certificate of occupancy of buildings 113 Dangerous buildings 113 Electrical inspection, etc 109 Inspection of buildings 113 Inspection of certified buildings 113 Inspection of buildings — expense assessed against property 114 Plumbing inspection 114 Permits for construction, alteration, etc., of buildings 112 Superintendent of Bureau — qualifications of 112 Superintendent — duties of 109 Violation of Building Code (Sec. 74) 113 BUREAUS— Boiler Inspection Ill Building Inspection 112 City Engineering 121 Electrical Inspection 109 Employment Bureau authorized 151 Loan Bureau authorized 151 Plumbing Inspection 114 Records and reports of bureaus 115 Signal Service 115 CANDIDATES— Death — in case of, name not printed 24 Disqualified for misdemeanors 40 List, certified 24 Nominated by petition 22 Order on ballots (see Ballots) Withdravifal 24 CHALLENGE OF ELECTORS— Challengers — accommodation of in booth ; 21 Oath of challenge - '. 30 Procedure 29 Women electors 31 CITY CANVASSERS, BOARD OF— Chairman 37 Clerks 37 Compensation 37-44-45 Special election returns 40 CITY CLERK— Acceptance of candidacy filed with City Clerk 24 Acts as County Supervisor 44 Ballot boxes, etc., deliver to police 28 Ballot boxes provided by City Clerk 27 Ballots for city elections — printed by City Clerk 25 Ballots — samples printed by City Clerk 27 Bonds of ofiicers filed with City Clerk 47 Certify lists of elections when requested 18 Office open until all election returns received 37 City Clerk — when elected 41 City Statistician appointed by City Clerk 69 CITY CHARTER— INDEX. 159 CITY CLERK— Cont. ._ Clerk of . Common Council ^ Clerk of Council committees ^^ Common Council— City Clerk to preside at first meeting 49 Custodian of registration books J^ Department of Records— in charge of City Clerk 50 Deputy City Clerk — duties of ^' Duties of City Clerk with Board of Estimates abrogated 74 Election laws printed by City Clerk 40 Election notice published by City Clerk iz: 17 Election paraphernalia delivered to City Clerk « Election returns — delivered to City Clerk 35 Error in returns— City Clerk to produce his copy 37 General powers and duties of City Clerk 69 Give notice of registration _. • 12 Initiative and referendum elections — duties of City Clerk 54 Initiative petition — filed with City Clerk. 53 Licenses revoked— City Clerk to notify licensee 47 Mayor to notify City Clerk of licenses revoked 47 Member Board of City Canvassers ■ ■ ■ 37 Member Election Commission 22 Nominations to be certified by City Clerk 24 Notify candidate regarding petition 24 Oaths may be administered by City Clerk 48 Oaths of oflfice filed in office of City Clerk 46 Officers elected or appointed notified by City Clerk 46 Ordinances presented to Mayor by City Clerk 51 Pension warrants drawn by City Clerk 98 Petitions for election filed with City Clerk 23 Petitions for elections furnished by City Clerk 22 Petitions for nomination — time of filing with Citv Clerk 23 Petitions — size of determined by City Clerk 22 Petitions to be preserved by City Clerk 24 Police pensions in charge of City Clerk 98 Power to administer oaths 48 Printed journal — kept by City Clerk 51 Prepare registration book _• ■ ■ • 12-16 Public Safety Commissioner to file statement with City Clerk of his experience and training 109 Recall petitions filed with City Clerk 42 Referendum petitions filed with City Clerk _. 53 Registration conducted by City Clerk for certain special elections 16 Registration notice printed by City Clerk 19 Salary of City Clerk.... 44 Street Railway Commissioners file oath of oflfice 126 Street Railwav Secretary and General Manager file oath 126 Term of City" Clerk ....'....... 41 Transfer names from registration books , 11 Vacancy in office to be filled by deputy 43 Water Commission report recorded by City Clerk 133 Withdrawal of candidacy filed with City Clerk 24 CITY ENGINEER— Assistant City Engineer 121 Bureau of Engineering 121 No department to employ engineer without consent of 121 Qualifications of City Engineer 121 Special assessment rolls to be prepared by 78 CITY PLAN AND IMPROVEMENT, DEPARTMENT OF— City Plan and Improvement Commission 125 Control of art by City Plan and Improvement Commission 125 Must approve property for parks and playgrounds 125 Powers and duties City Plan and Improvement Commission 125 Public buildings, bridges, etc. — plans to be prepared by City Plan and Im- provement Commission 125 CITY STATISTICIAN— .Annual report 69 Prescribe forms of departmental reports 69 Qualifications 69 160 CITY CHARTER— INDEX. CITY TREASURER— Acts as Supervisor 44 City Canvasser 46 Compensation 44 Election 41 Head Tax Collection Department 56 Inability 43 Member Election Commission 22 Notice of auction sale for unpaid taxes 82 Notice of tax sales 82 Notice of taxes due 80 Powers and duties 79 Prepares sales books 82 Receives all fees 47 Re-issues certificate of sale 83 Sale for unpaid taxes 81 Sales to be reported to Common Council 83 Sells city bids 85 Shall accept taxes on lists up to August 10 without penalty 80 Shall add 6 per cent January 1 on unpaid taxes 81 Shall furnish certificates that taxes have been paid 81 Shall make list on February 1 of unpaid taxes 82 Sinking Fund Commissioner 71 Term of office 41 Vacancy 43 Water rates paid by City Treasurer 132 CIVIL SERVICE— Applicants not to be asked concerning opinions and affiliations 62 Appointments — how made under civil service 60 Chief examiner of Civil Service Commission 58 Civil Service Commission — how constituted 58 Classified service 59 Classified service — how constituted 65 Commission to investigate enforcement of civil service 62 Controller to be notified of appointments under civil service 61 Common laborers — how affected by civil service 61 Eight-hour service day 64 Eligible list of applicants 60 Employes who are under civil service 59 Employment of labor by contractors 65 Examinations under civil service 59 Excess compensation for emergency service 65 Mayor may remove commissioners 58 Minimum wage under civil service 65 Notice of examinations under civil service 59 Officials and employes not affected by civil service 58 Payment for appointment or promotion prohibited 63 Penalty for violation of civil service 64 Political contributions not to be solicited 63 Promotions and transfers under civil service 61 Prosecutions under civil service — by whom made 64 Removal from office for violation of civil service 64 Removals under civil service — for what cause 61 Rules of Civil Service Commission 59 . Statement by applicant for civil service examination 60 Suspension of competition in certain cases 60 Terms of Civil Service Commissioners 58 Unclassified service _. . • 58 Vacancy in Civil Service Commission — how filled 58 Witnesses — penalty for perjury 63 Witnesses at investigations 63 CLAIMS AGAINST STREET RAILWAY SYSTEM— (See Street Railway Commission) 130 COMMISSIONS— (See Departments^ CITY CHARTER— INDEX. 161 COMMON COUNCIL— Additional powers may be given officers by Council 48 Aldermanic corruption — penalty for 48 Aldermanic seats declared vacant by Council in certain cases 48 Aldermen can hold no other public office except Notary 48 Annual budget — consideration by Council 73-74 Annual budget — two-thirds vote of Council to pass any item over Mayor's veto 74 Appointments by Mayor transmitted to Council 46 Assessment rolls — review and confirmation by Council 76 Ayes and nays upon demand of one-fourth of members present 49 Bonds and loans 87 Bonds — date of maturity fixed by Common Council i 87 Bonds, emergency — Council may authorize 89 Bonds, local improvement — Council rnay issue 90 Bonds not filed — Council may declare offices vacant • 47 Bonds — sale of authorized by Common Council 88 Bonds to be approved by Common Council 47 Borrow money — Council may to meet deficiency 70 Bureaus of Department of Public Safety may be created by Common Council. 109 Bureaus of Investigation may be created by Council 50 ^ Charges of public service corporations may be regulated by Council SO City Clerk administers oath to Council 49 City Clerk clerk of Council , 49 - City contracts — Council shall remove officers interested in 46 City Physicians — Council shall prescribe duties and salary 149 Civil service — two-thirds vote of Council necessary to suspend competitive examination 60-61 Committee on negotiation of loans — chairman of ways and means committee 91 Compensation for appointive officers fixed by Council 45 Compensation for employes fixed by Council 58 Compensation Election Commission and Board of City Canvassers 44-45 Competitive bids — suspension of by two-thirds vote of Council 92 Composition of Common Council 49 Controller's accounts approved by 91 Control of finances and property of city in hands of Common Council 54 Council committees — powers of 55 Creosoted block, brick and asphalt plants — Council may require Commissioner of Public Works to establish 123 Deficiency fund — Council may direct Controller to use for other funds 72 Department Public Works — Council approve rules and regulations 120 Departments may be established by ordinance 56 Detroit Museum of Art — appropriation mandatory 54 Eight-hour service day — Council may require of any corporation or person using streets, etc., for public utility purposes 54 Election booths provided by Common Council 11 Election districts divided — Council assigns Registrars and Inspectors 11 Election districts fixed by ordinance 11 Election districts to be divided when over 500 electors 11 Emergency appropriations for public health 148 Employment, loan and other bureaus — Council may order established 151 Entertainments — limit of appropriation for 94 Ex-officio members of Common Council 49 Expel or remove any Alderman by two-thirds vote 49 Failure of Council to enact laws petitioned for — Clerk shall submit to electors. 53-54 Forty-eight hour service week — Council may require of any corporation or per- son using streets, etc., for public utility purposes 54 Funds — Council may direct payment of money into 72 Funds — Council shall appropriate moneys for 70 Funds, surplus in — Council by two-thirds vote may direct use of 73 Gas plant — Council shall submit ordinance to electors 136 Gas plant — Council to appropriate for preliminary expenses 136 General plan of streets and alleys — approval by Common Council 121 General powers of Council 50 Initiative and referendum elections 53 Journal of Council proceedings to be printed 51 Judge of qualifications, etc., of its own members 49 Land Board of City of Detroit constituted in Common Council 55 Lateral sewer assessments — Council shall fix assessment districts 77-78 Legislative power vested in Council 49 Limit of authority of Council to create liability 92 162 CITY CHARTER— INDEX. COMMON COUNCIL— (Cont'd) Loans on appropriations not yet available — Council may make 90 Local assessments — Council shall tix assessment districts, etc 77-78 Mayor shall report removal of Civil Service Commissioners 58 Mayor shall transmit annual message to Council 49 Members of Council a'nd other city officials not to be surety on contracts 93 Members of Council — when elected and term of office 41 Office for Mayor to be provided by Council 47 Ordinances — Council may refer any ordinances to electors for approval 52 Ordinances — Council shall have power to enforce 50 Ordinances — Council shall refer to electors 52 Ordinances — Council shall refer to electors upon petition 52 Ordinances may be repealed or amended notwithstanding approval of electors 52 Ordinances of Common Council to be published three successive times 52 Ordinances — petition of electors against shall suspend taking effect until adopted by electors 52 Ordinances — requirements of, etc 51 Ordinances — resolutions for amendments may be initiated by any elector sub- mitting 5 per cent petition 53 Ordinances — street railway 131 Ordinances — time of taking effect 52 Ordinances vetoed by Mayor to be returned to Common Council 51 Organization of Common Council 49 Parks and boulevards — rules and regulations subject to approval by Council... 124 Parks, public grounds and boulevards — approval of Common Council to acquire 124 Patrolmen — Council must approve privately employed 96 Paving and repaving — Council may extend time for completion 122 Paving assessments — Council shall fix assessment districts, etc 77-78 Permanent improvements by bond issue 87 Permanent improvements — no money from taxes to be appropriated therefor. 75 Petition by electors for referendum S3 Petition for referendum — affidavit to signatures required 53 Petition of 5 per cent of electors — Council must submit to referendum any or- dinance or resolution 53 Police pensions — must petition Council for 98 Poor Commission — Council to approve warrants 148 President of Common Council acting Mayor 43 Proceedings vetoed by Mayor to be returned to Common Council 51 Procedure when ordinance or resolution initiated by electors S3 Public improveinents shall be referred to Commissioner of Public Works by Council 121 Public moneys — Council may contract for safe keeping of 87 Publication of Council proceedings in evening newspaper 52 Publicity of Common Council sessions 50 Recall of members of Council 41 Recreation system — Council to provide necessary funds 150 Reconsideration mandatory when any proceedings of Council vetoed by Mayor 51 Regular sessions of Council 50 Resolutions — Council shall refer to electors 52 Salary of members of Council 44 Service of public service corporations may be regulated by Council SO Sinking Fund Commission — ways and means committee of Council members of 71 Special assessment rolls — confirmation of by Council 78-79 Special assessments — procedure in collection of 86 Special elections on referendum petition may be called by Council 54 Special sessions of Council — how called 50 Street opening assessments — Council shall fix assessment districts, etc 77-78 Street railway bonds — Council shall issue 128 Street Railway Commission to report to Council 129 Street Railway Commissioners — bonds fixed by Council 126 Street railway elections to authorize condemnation — Council shall order 127 Street railway election to authorize construction — Council submit to electors. 128 Street railway extensions and new lines — approved by Common Council 127 Street railway franchise — Council shall submit to electors 128 Street railway mortgage lien — Council to approve 129 Street railway ordinances 131 Street railway preliminary expenses — Council shall appropriate 131 Street railways privately owned — authority of Council concerning 130 Supervision and control of departments by Common Council 56 Supervisors — all members of Common Council members of board 44 CITY CHARTER— INDEX. 163 COMMON COUNCIL— (Cont'd) Tax sales — conrtrmation of |^ Tax sales— publication of notice in foreign languages o^ Taxes — Council shall annually levy and collect, etc 75 Taxes not to be raised in excess of 2 per cent of assessed value • 75 Three-fifths vote of electors — when required before Council can take action... 54 Two-th'irds vote in Council to pass over Mayor's veto 51 Vacancy in Council — how filled _• ^^ Vacancy in office of Mayor — Council calls election 43 Vacancy, Registrars and Inspectors — filled by Council •■• 43 Voting in Common Council '• ■ • 55 Wages to be paid employes of persons or corporations using streets, alleys, "etc., for public utility purposes may be determined by Common Council.. . 54 Water Commission — authority of Common Council connection with . 131-132-133-134 COMMON LABOR— Employment of 61 COMPENSATION— Clerks, Board of City Canvassers J^ City Engineer City Statistician 58 58 V^ltJI .Jt-tiLi JI......1. _ City Physicians ^J^ Constables J^ Corporation Counsel's assistants 3° Employes ^° Excess for emergency service 65 Health Officer ■ ' ' " ' "5? Judges Recorders Court 44 Justice of Peace 44 Minimum Wage 65 Officers, appointive 58 Officers, elective 44 Police Justice 44 Registrars and Inspectors 44 CONSTABLES— Election of, etc 41-102-145 CONTRACTS— City work, competitive bids "2 Interest in, disqualifies for office 46 Land contracts 81 Requirements of street railway 127 Safe-keeping of moneys — contract for 8/ Void when unauthorized 90 Void when any city officer connected with 92 CONTROLLER— .'\dministers oath 48 Appointment 44 Acts as County Supervisor 44 Bids on tax titles °4 Borrows against appropriations 90 Certificate in re contracts 93 Compensation 45 Deeds, acknowledgments of 48 Head Finance and Accounts Department 70 Issues tax leases °4 Member committee on loans "1 Powers and duties 91 Receives tax rolls from Assessors 77 Report 93 Signs warrants 92 Sinking Fund Commissioner 71 Subdivides funds 73 Transmits estimates to Common Council 73 CORPORATION COUNSEL'S OFFICE— Appointment '44 Acts as County Supervisor 44 Annual report of Corporation Counsel 67 Counsel for state in city cases 68 Detectives to be detailed to department 68 General powers and duties of Corporation Counsel 67 No bond necessary to perfect appeal, etc 68 No attorney to be employed by any department 67 164 CITY CHARTER— INDEX. Procedure in all suits or cases 68 Service of process 67 CORRECTION, DEPARTMENT OF— Appointment of Commission 44 Correction Commission — how constituted, powers of 116 Forfeit of bail.... 118 House of Correction 116 House of Correction — meeting of Inspectors 117 House of Correction Superintendent — powers and duties 117 House of Correction — books, records, etc 119 House of Correction — revenues 119 House of Correction — report of Inspectors to Governor 119 Prisoners — House of Correction 117 Prisoners from outside cities in House of Correction 117 Prisoners — discharged on bail 117 Prisoners — penalty for escape .' 118 Prisoners — deduction for good behavior 118 Superintendent, House of Correction — powers and duties 117 COUNTY CLERK— Delivery of Election Returns, etc ! 37 COUNTY CORONERS— Duties of 144 CREOSOTED BLOCK PLANTS— Establishment of 123 DEPARTMENTS— Department of Arts 56-152 Department of Assessment 56-70-75 Department of City Plan and Improvement 56-125 Department of Correction 56-116 Department of Finance and Accounts 56-70-91 Department of Fire Protection 56-105 Department of Health 56-138 Department of Labor Welfare 56-150 Department of Law 56-67 Department of Parks and Boulevards 56-123 Department of Police 56-95 Department of Poor Relief 56-148 Department of Public Lighting 56-136 Department of Public Works 56-120 Department of Public Safety 56-109 Department of Recreation 56-149 Department of Records 56-69 Department of Street Railways 56-126 Department of Tax Collection 56-70-79 Department of Water Supply 56-132 DIVISION pp FINANCE— Distribution of Financial Administration 70 DIVISION OF PUBLIC SAFETY— Administration of Public Safety 95 DIVISION OF PUBLIC WELFARE— Administration of Public Welfare 138 DIVISION OF PUBLIC WORK— Administration of Public Work 120 DISORDERLY PERSONS— Definition of 104 EIGHT-HOUR SERVICE DAY— (See Civil Service) 64 Private corporations using public streets — Council may require to give (Sec. 20) 54 ELECTION COMMISSION— Call recall election 42 Chairman 22 Compensation 22-44-45 Hearings on recall signatures 42 Members of 22 School of instruction 22 Secretary 22 Supply ballots 27 CITY CHARTER— INDEX. 165 ELECTIONS— Acceptance of candidate — form of 24 Assisting disabled electors 31 Ballot — instruction for printer 25 Ballot — form of (See insert) 26 Ballot— propositions to be put on bottom of 25 Ballot — samples to be furnished 27 Ballot — penalty for printing false form 27 Ballots — Election Commission to determine number of 27 Ballots — how delivered to election boards 28 Ballots — how handled by voter 28 Ballots — opening of package 28 Ballots — how deposited in box 29 Ballots — exposing of, prohibited 31 Ballots — distribution of 31 Ballots — spoiled to be returned to board 32 Ballots — statement of number used, etc 36 Ballots — Procedure when two are folded together 33 Ballots — procedure when number exceeds poll lists 33 Ballot boxes 27 Ballot boxes — sealing of 36 Ballot boxes — delivery of, etc 36 Ballot boxes — reopened for court proceedings 37 Bribery and illegal voting 40 Candidates — list of 24 Challenge of electors 29 City Canvassers, Board of — how constituted 37 City Canvassers — meeting to canvass result of election _. . . 37 Clerks of election 21 Copies of Chapters 2 and 3 to be furnished Election Boards 40 Days of holding elections 21 Disabled electors 31 Elections on street railway matters 127-128 Election returns — delivery of in envelopes, etc 37 Electioneering in booths prohibited 32 Election Commission — how constituted 22 Election Boards — how constituted 21 Gatekeepers at election 21 Inspectors' — general powers of - 39 Informalities in election not to invalidate 39 Meeting of board day before election 21 Nomination by petition 22 Notice of election 22 Oath of electors 30 Opening and closing of polls 28 Organization of Board of Inspectors 21 Polls — electors waiting butside at close of to be permitted to vote 32 Polls — opening of 28 Polls — close of 32 Poll list 31 Petition — how long to be preserved 24 Petitions — fee to accompany same 24 Petitions — when filed 24 Petition to be presented — date of .^ 23 Petition — form of 23 Petitions of candidates 22 Qualifications of voters 21 Recall elections 42 Recall — office subject to 41 Recall petition 42 Returns — determination of majority 38 Returns — error in 38 Registration books — delivery of, etc 36 Returns of election — copies for City and County Clerk 3; Returns of election — procedure in handling same 3£ Special elections 40 Street railway elections 127-128 166 CITY CHARTER— INDEX. ELECTIONS— (Cont'd.) School of instruction 22 Tie vote 3S Votes — certificates of number cast 35 Votes — procedure in counting first, second and other choices 35 Votes — procedure when tally does not agree 34 Votes — procedure when elector has voted more than one first , or second choice 34 Votes— tally of 34 Votes — determining majority, etc 37 Vote on propositions to be counted first 34 Votes cast — number to be announced 34 Vote on propositions 33 Votes — canvass and count of 35 Voting — method of 30 Women electors 31 Withdrawal of candidate 24 ELECTRICAL INSPECTION— Bureau of 109 Superintendent of 110 Electric Code of N. B. U ■ .i 110 Inspects electrical work 110 Issues permits 110 Qualifications of Superintendent 110 Regulates electrical installation 110 EMERGENCY APPROPRIATIONS— (See Common Council.) ESTIMATES— (See Annual Budget) 73 EXAMINERS, BOARD OF— Public Safety Bureaus 110 FEES— Payable to city 47 FINANCE AND ACCOUNTS— Department of 91-94 Division of Finance 71-94 FIRE PROTECTION, DEPARTMENT OF— Annual report of Fire Commission 108 Duties of Fire Commission 105 Fire ordinances — enforcement of 108 Fire limits — extension of 108 Fire Marshal — powers and duties 107 Inquiry into origin of fires 107 Leave of absence 105 List of retired firemen 106 Members of fire force 105 Monthly financial report of Fire Commission 108 Pensions — payment of 107 Pensions — applications for 106 Pensions for widows, children, etc 106 Right of entry for inspection 108 Right of way for Fire Department 107 Retired firemen 106 Retirement on half pay .. 105 FIRE LIMITS— Extension of 108 FISCAL YEAR 93 FORTY-EIGHT HOUR SERVICE WEEK— Council may compel persons using streets to adopt (Sec. 20) 54 FRANCHISES, STREET RAILWAY— Mortgage lien on franchise 129 Security franchise 128 FUNDS OF THE CITY— Contingent Fund 70 Deficiency Fund 72 General Fund • 70 General Sinking Fund 71 General Fund to receive miscellaneous appropriations 72 Interest Fund 70 Sinking Fund Commissioners : . . . . 71 .Special funds may be created by Controller 72, CITY CHARTER— INDEX. ^^^ FUNDS OF THE CITY— Cont'd. 71 Street Railway Fund 7I Street Railway Sinking Fund 73 Surplus in funds may be transferred GARBAGE PLANTS— 123 Establishment of 123 Sale of by-products ^■^l^mrndft^olppropriate money for preliminary work of establishing gas plant.. 136 Establishment of gas plant ■ • ■ ■ ' ' ; "ll 136 Engineer to be employed to make estimate of cost of plant ^^^ Gas for fuel and power— regulate price of ^^^ Gas to be sold at approximate cost ' ' ' \' 'A .■'.■■'■' frnmediate supervision of construction of buildings in hands of Commtss.oner ^^^ of Public Works ^35 Lighting Commission may purchase plant ^^^ Public Lighting Commission to control gas plant GOVERNMENT— Branches of HARBOR MASTER— 95 Duties of, etc HEALTH, DEPARTMENT OF— , , ^ ^ , 146 Birth certificates to be filed with Health Board ^^g Board of Health— powers and duties. ........•■•■• ••^- -•••■ 5 Burial and removal permits, etc.-regulated by Health Board ;;;;;■;;;; {40 City hospitals ; "-■ V ' I-' 139 Contagious diseases— reports of intection . . .^ ^^2 Control of public nuisances by Health Board . . . . _ ^^ Coroners— duty in connection with Health Board. Dangerous conditions to be abated by Health Board ^^^ Death certificates to be filed with Health Board . . . . ... • • ■ • ■ ^- • • ■ • Definition of terms "factory," "workshop," etc.. by Health Board 14^ Diphtheria— reports of infection.. j^g Emergency appropriations for public health ^^g Health officer— powers and duties _ ^.g Infected vessels— removal of by Health Board • j^^ Infection reports and records .......... •■ ■••■ ^45 Information to other cities by Health Board ^^ Injunction of threatened nuisance. .............. •• ^-n Isolation, quarantine and release by Health Board ^ Inspection of factories by Health Board. ........... ■• .._ Inspection of food, drink and drugs by Health Board |^^ Penalty for violation of Health Board rules. ; -u ■•,;,•" W;::; 144 Procedure in case of non-compliance with orders of Health Board i^4 Procedure to isolate infected towns by Health Board.............. |^"-' Pubhc buildings and schoolhouses— regulation of by Health Board 141 Publication of ordinances and resolutions by Health Board 1^0 Right of entry and investigation by Health Board J^" Recovery of damages against Health Board Reports of dispensaries, hospitals, etc., to Health Board 143 Reports of sanitary inspection to Health Board 1^^ Sanitation of factories, etc .,„ Scarlet fever— reports of infection ^ Slaughter house nuisance— abatement of J^ Slaughter houses— inspection of ., Slaughtering— regulations concerning !rTi Smallpox— reports of infection................ ^ Special orders and regulations of Health Board J^^ Vaccination free .^r Warrants by Health Board .^ HOSPITALS— ..„ Contagious diseases hospitals • ■ .■ ■ •. ■ • ;. Hospitals and infirmaries report to Board of Hea th 140 Poor Commission may own and operate hospitals 140 Poor Commission may acquire hospital ...•..•• ■••.•• }4» Poor Commission may contract with hospitals for care of sick poor 14S 168 CITY CHARTER— INDEX. HOUSE OF CORRECTION— (See Correction, Department of) 116-119 INSPECTORS OF ELECTION— Board of Inspectors 21 Compensation for attending scliool of instruction 22 . Compensation for sessions of boards 44 Election 41 Police powers 39 School of instruction 22 Term of office 41 Vacancy 43 INVESTIGATIONS— Board of Health 140 Civil Service Commission 63 Social vice ISO JUSTICES of; the PEACE— Compensation 44 Election 44 Term of office .' 44 LABOR WELFARE, DEPARTMENT O F— Annual report 151 Appointment 44 Advice to workingmen ISO Bureaus that may be created ISO Compensation 45 Commissioner of Labor Welfare 150 Enforces labor ordinances 151 Head Labor Welfare Department 56 Legal aid 151 Powers and duties of department 150 Social vice — may investigate 150 LAW, DEPARTMENT OF— (See Corporation Counsel) .67-68 LEASES— Controller may execute conveyances of real estate sold for taxes 84 LICENSES— Boiler and other apparatus Ill Plumbers 114 Recreation controlled by Recreation Commission 150 Revocation by Mayor 47 Revocation by superintendents of bureaus 116 LIQUOR TAXES— Contingent fund 70 Deficiency fund 72 LOANS— Appropriations not yet available — borrow against 90 Committee on negotiation 90 Emergency cases *. 89 LIMIT OF TAXATION AND DEBT— Two per cent (Sec. 16-18) 74-75 Four per cent (Sec. 61) 87 MAYOR— Appointment of all Commissioners 44 Appointment of heads of departments 44 Appointment of Arts Commission — when to be made 153 Appointment of Street Railway Commissioners 126 Annual message of Mayor 49 Appointment of certain patrolmen to be approved by Mayor 95-96 Acts as Count)' Supervisor 44 Annual budget- — may decrease or disallow items in 74 Annual budget to be returned to Council by Mayor 74 Bonds to be signed by Mayor g7 City Plan and Improvement Commission to make recommendations to 125 Licenses may be revoked by Mayor 47 Labor Commissioner shall report to Mayor I5I Mayor may remove Civil Service Commissioners 48 Mayor's secretary and stenographer in unclassified service 58 CITY CHARTER— INDEX. 169 MA TOR— Cont'd. May act with other officers to borrow money in emergency 89-91 May remove apj3ointees at pleasure 44 Member of Sinking Fund Commission. . • 71 Member of PoHce Pension Committee 98 Notify Council of appointments 46 Policemen — privately employed — Mayor to approve appointment 96 Power to administer oaths 48 Powers and duties of Mayor 47 Recall of Mayor 41 Salary of Mayor 44 Time allowed Mayor for consideration of annual budget 74 Term of Mayor 41 Vacancy in office of Mayor — how filled 43 Veto of the Mayor 51 When elected 41 MINIMUM WAGE— Employes in classified service 65 MISDEMEANORS AND PENALTIES— Against police 104 Aldermanic corruption 48 Ballots, false 27 Boilers, etc Ill Breach of health orders 144 Bribery of electors 40 Building construction, etc 113 Civil service 64 Distribution of false ballots • 27 Electioneering 32 Electric wire erection 116 Erroneous entry in register 18 Evading electors when delivering returns 37 Factories, sanitation of 141 Health rules 144 Illegal voting 40 Improper marking of ballots for an election 32 Infection provisions 139 Plumbers 114 Polluting water 134 Public lighting 116 Public safety 113 Sanitation of public buildings and school houses 141 Slaughter houses 147 Street railway 130 Tapping water pipes 135 MORTGAGES— Taxes paid before recording 81 NOMINATION OF CANDIDATES— Acceptance, form of ^ 24 Nominating fee, deposit of 24 Nominating fee, return of 24 Withdrawal of 24 NUISANCES— Control over public 142 Injunction of threatened 146 Removal by police 104 Slaughter houses 147 OFFICERS— Additional powers 48 Appointed, notified 46 Appointive 44 Bonds (see Bonds). Defaulters — cannot be elected or appointed 45 Definition of word 4g Elective 41 Residence 45 OFFICIAL BONDS— (See Bonds.) 170 CITY CHARTER— INDEX. ORDINANCES— Effect, time of taking 52 Election, initiative S3 Election, referendum 53 Enforcement 50 Initiative procedure S3 Publication 52 Referendum S3 Referendum petition, requirements S3 Requirements SI Subject to veto 51 PARKS AND BOULEVARDS, DEPARTMENT OF— Appointment of Commissioners 44 Acts as County Supervisor 44 Commissioner of Parks and Boulevards — powers and duties 123 Belle Isle bridge — in charge of Commissioner of Parks and Boulevards 124 Privileges in parks controlled by Commissioner of Parks and Boulevards 124 Lands for parks — method of acquiring 124 Parks and boulevards — platting of 124 PENSIONS, FIREMEN— (See Fire Department.) PENSIONS, POLICE— (See Police Department.) PERJURY— (See misdemeanors.) PERMITS— Boilers, alterations, etc Ill Building construction, etc 112 Burial 1|5 Electrical work JIO Installation of boiler, etc., apparatus Ill Plumbing 114 Removal of dead ; 145 Revocation 116 PETITION, NOMINATING— (See nomination of candidates.) . PETITION, INITIATIVE— (See ordinances.) PETITION, REFERENDUM— (See ordinances.) PLANTS— Asphalt . ; 123 Brick 123 Creosoted block 123 Garbage .• 123 Gas 136 Public lighting 136 PLAYGROUNDS— (See Recreation Commission) 149 PLUMBING INSPECTION, SUPERINTENDENT OF— Issues permits 114 Licensing ' 114 Powers and duties 114 Registers plumbers 114 Registration 114 POLICE JUSTICES— Compensation 44 Election 41 Term of office 41 POLLS— Closing, opening proclamation of close. (See elections.) PRESIDENT OF COMMON COUNCIL— .Acting Mayor _ 43 Appoints members Police Pension Committee ' 98 Calls special sessions 50 CITY CHARTER— INDEX. 171 PLUMBING INSPECTION, BUREAU OF— Inspection of plumbing m Plumbers — license and regulation 11-1 Licensing plumbers 114 Plumbing permits 114 POLICE, DEPARTMENT OF— Arrested persons — treatment of 102 Burglar's tools — procedure regarding 103 City> scavengers — Police Commissioner to appoint 96 Disorderly persons 104 Deputy Police Commissioner 97 Fees, gifts, etc., to police force 100 Harbor Master — Police Commissioner to appoint 96 Hearing of complaints by Police Commissioner 97 Houses of prostitution, gaming houses, etc 102 License fees — collection of 96 Misdemeanors against the force 104 Nuisances, fires, strangers, etc 104 Patrolmen — city departments 95 Patrolmen — privately employed 96 Patrolmen — special . 96 Pensions to widows and children of police officers 97 Pensions for disabled members of police force 98 Pensions — warrants drawn by City Clerk J 98 Pension committee 98 Place of detention for witnesses 101 Police force — members of 95 Police Commissioner — Genera! powers of 95 Police force — resignations from 97 Police pensions to widows and children 97 Police Pension Committee 98 Police precincts and stations 100 Police books, registers and records 100 Powers of arrest, detention, etc 102 Property — disposal of 103 Property Clerk, Police Department 97 Pursuit and apprehension of criminals 101 Requisition of information 104 Retirement on pay — those eligible 99 Retired members returned to duty 99 Retired members — status of 99 Retirement on reduced pay 98 Saloons — entering of, prohibited 100 , Stolen and other property — disposal of 103 Service of process in criminal cases 101 Sources of reduced pay 99 Superintendent of Police — powers and djuties 97 Sealer of Weights and Measures — Police Commissioner to appoint 96 Treatment of persons arrested 102 Witnesses before Commissioner 101 POOR RELIEF, DEPARTMENT OF— Almshouses may be established 148 Care of sick and deceased poor by Poor Commission 148 City physicians — appointed by Poor Commission 148 Distribution of clothes, provisions, etc., by Poor Commission 148 Distribution of relief by Poor Commission 149 Hospitals for sick poor may be established 148 Poor Commission — powers and duties 148 Poor Commissioners are Count}' Superintendents 149 President of Poor Commission acts as County Supervisor 44 PUBLIC LIGHTING, DEPARTMENT OF— Acquiring of municipal gas plant 136 City Electrician 136 Establishment of gas plant 135 Gas plant — estimate to be made by engineer of cost 136 Gas Commissioners are members of Lighting Commission {Sec. 3) 57 Penalty for injuring public lighting property j 136 Price and use of gas- — regulation of 136 172 CITY CHARTER— INDEX. PUBLIC lighting:department of— Provisions for preliminary expense of acquiring gas plant 136 President of Commission acts as County Supervisor 44 Public Lighting Commission 57-135 Public lighting plant 135 Purchase of gas plant 135 PUBLIC SAFETY, DEPARTMENT OF— Bureaus of administration of Department of Public Safety 109 Board of Examiners of Public Safety 110 Boiler Inspection — Bureau of Ill Building Inspection — -Bureau of 112 Electrical installation — regulation of 110 Electrical vi^ork — bonds for 110 Electrical work — permits for -. . . 110 Electrical v?ork — inspection of 110 Disposition of income 109 General powers of Superintendents of Department of Public Safety 109 General powers and duties of Commissioner of Public Safety 109 License to operate apparatus Ill Permits for installation of apparatus Ill Permits for alterations, repairs, etc.T Ill Qualifications of Commissioner of Public Safety 109 Report of Commissioner 109 Report of accidents 112 Superintendents of Department of Public Safety 109 PUBLIC WORKS, DEPARTMENT OF— Asphalt plant — establishment of 123 Back filling in paved streets 122 Brick plant — establishment of 123 Bureau of City Engineering 121 Bureaus, records and reports of Department of Public Works 123 City Engineer to be appointed by Commissioner of Public Works 121 Commissioner of Public Works- — powers and duties 120 Commissioner acts as County Supervisor 44 Creosoted block plant — establishment of 123 Garbage plant — establishment of 123 General plan of streets and alleys 121 Paving or repairing — when to be completed 122 Proposed public improvements to be referred to Commissioner of Public Works 121 Removal of dangerous structures 123 Sewers — laying of, before paving 122 Sidewalks — cost of assessed against property 123 Supervision of public work by Commissioner of Public Works 120 RECALL OF OFFICERS— Ballot 42 Election procedure 42 Election, special on recall 42 Elective officers subject to 41 Filing of petition 41 Payment election expense of officer recalled 42 Petition, requirements 42 Resignation of officer pending recall 42 Signers of petition 42 ■ Sufficiency of Petition , 42 Withdrawal of petition, ... 42 RECORDER'S COURT, JUDGES OF— Administers oath 48 Compensation 44 Election 41 Term of office 41 Recorder's Court, Deputy Clerk, administer oaths 48 Recorder's Court, Clerk, administers oaths 48 REMOVALS— Aldermanic corruption 48 Classified service 61 Conviction for civil service misdemeanor 64 173 CITY CHARTER— INDEX. RECREATION, DEPARTMENT OF— . 150 Billiard halls inspected by R"J"''°" Commission ^^^ Bowling alleys, inspected by Recreation Commission • ^ Commission, appointment of ■•■.•■••■■•••••.■■.•„ " 149 Control of licenses by Recreation Commission j5q Maintenance of Recreation Commission. .. ._ • ■ . • • j^g Recreation Commission— powers and duties REGISTRATION— 20 Absent from city— may register........ ^ Board of Registration— how constituted ■••••• ig Certificates of removal, etc 20 'iS'c^!r^.fo IrS^'™s-;nVegisUaiionbookVwh;n-dist^cUs;divided.^^ U Close of register by the board.. •. 17 Correction of errors in registration '..'.'.'.'.'.'.'. 15 Custody of registers ■ '• 12 Days for holding registration. . 19 Day of holding additional registration .... ...^.- • • • v - -^; • / ; H Districts to be divided when more than 500 names registerea. . ^^ Election stall for each 100 electors registered • ■ • _■ jg Entries of registration in ink .•■•■■.•■ 14 Examination of appHcants for registration. ^j Five hundred names to a registration district ^2 Form of registration book to be used 14 Interpreter for Board of Registration •_;•_• 19 Last day of registration ■'• ' 16 List of registered electors 19 Notice of registration ■•■. • 18 New registration if book is lostor destroyed I4 bath of applicant for registration 20 Police authority of Registrars... .• ' ' ' V-'^,^ 14 Questions to be asked applicant for registration •••••• ^^ QuaHfications for registration. . I5 Removal certificates of "gistration. .........•:•■• • — •■■■• U Registrars and Inspectors assigned when re-districted 20 Sick on registration day— may register ^ !^:X^c^?^e:«1nrrnece;sa;y-forVegist;ation^ 14 Women who may register REPORTS, ANNUAL— (See -different departments.) ^_^ REPEAL OF PRESENT CHARTER SALOONS— 100 Entering by police officer SCHOOL INSPECTORS— 44 Compensation • ' ' ' 41 Election 19 Registration of women ■ ' ' ' 41 Term of office 31 ^^"l^'S^isions-regarding-women-Voting'for-School Inspectors was omitted from charter.) , . ^ • ■ , 2' SCHOOL OF INSTRUCTION-Conducted by Election Commission ■ ■ ^- SECRETARIES— Departmental SEWERS— 122 Laid before paving • ••••■ 77_78 Procedure when city orders laterals or drains SIDEWALKS— 123 Cost of assessed against property. ^j. Procedure when city orders constructed SINKING FUND— 71 Commissioners 71 General sinking fund....... 131 Street railway sinking fund SALARIES— (See Compensation.) 174 CITY CHARTER— INDEX. STREETS— Opening, widening, vacating, etc , 77-78 Paving or repairing — completion of 122 Vacation of leading to water front 54 SIGNAL SERVICE, BUREAU OF— Signal Service Supervisory Commission 115 STREET RAILWAYS, DEPARTMENT OF— Acquiring of street railway system 127 Accountant Street Railway Commission 126 All city departments to assist Street Railway Commission 126 Arbitration of street railway matters 130 Board of Street Railway Commissioners '. 126 Bond issues for street railway purposes 128 Bonds of street railway exempt 130 By-products of street railway plant 129 Claims — settlement of 130 Control of street railway system by Street Railway Commission 129 Debts, contracts, etc., of Street Railway Commission to be in name of City... 127 Election on re-submission of proposals regarding street railway 128 Election to authorize condemnation of property for street railways 127 Election to authorize construction of street railways 127 Election to authorize purchase of street railways 127 Electric light, heat and power may be sold by Street Railway Commission.... 129 Employes of Street Railway Commission 126 Engineers Street Railway Commission 126 Establishment of street railway system 126 Extensions of street railways 127 Franchise to be prepared by Street Railway Commission 128 General Manager Street Railway Commission 126 Injury to property of street railway 130 Inspectors of Street Railway Commission 126 Money of street railway to be paid into City Treasury 130 Mortgage lien on franchise ' 129 Motor busses may be purchased by Street Railway Commission 129 Ordinances pertaining to street railways 131 Organization of Board of Street Railway Commissioners 126 Preliminary expenses of street railway 131 Privately owned street car lines 130 President of Commission acts as County Supervisor 44 Rate of fare on street railways 129 Rate of fare — what to cover 129 Secretary of Street Railway Commission 126 Security franchise for street railway 128 Sinking fund of street railway 131 Suits at law 130 Superintendent — Street Railway Commission 126 Validating the street railway chapter 131 SUPERVISORS, BOARD OF— Officers of city who are members 44 TAXES— Collection of taxes 79 Confirmation of tax sale 83 Lists of unpaid taxes 82 Notice of tax sales 82 Notice to taxpayers 76 Preparation and delivery of tax rolls 77 Procedure in tax sales 82 Penalty added to taxes 80 Publication of notice of taxes by City Treasurer 80 Property sold for non-payment of taxes 81 Special taxes for local improvements 78 Sewers 78 Sidewalk 78 Street opening 78 Supplementary tax sale 83 Taxation limit (Sec. 19) 87 Taxes — lien against property 80 Time limit within which taxes may be paid 80 Tax rolls — county and state 79 CITY CHARTER— INDEX. 163 CITY CHARTER— INDEX. 175 TAXES— Cont'd. Unpaid taxes — 6 per cent added °^ Unpaid taxes — interest added °1 TAX COLLECTION, DEPARTMENT OF 56-79 Head, City Treasurer 56 TERM OF OFFICE— Appointive officers J^ Elective officers '*^ TIE VOTES 39 UNSAFE BUILDINGS— Demolition }|3 Expenses assessed against property 113 Removal of dangerous structures 123 VACANCY IN OFFICE— Aldermen *• ^3 City Clerk ■ 43 City Treasurer ^3 Commissioners ^ Heads of departments 44 Mayor 43 Inspectors of Election 43 Registrars 43 VOTES— • (See Elections and Ballots.) WATER SUPPLY, DEPARTMENT OF— Assessment and collection of water rates 132 City Treasurer to receive water rates 132 Collection of water tax 132 Fire hydrants to be installed 132 Non-residents may b'e supplied with water 134 Penalty for breaking water pipes, etc • • • 134 Penalty for tapping water pipes, etc 134 Polluting water — penalty for, etc. 133 Power to supply water to non-residents ; 134 President of Water Commission to act as County Supervisor 44 Property of Water Board to be transferred to city 134 Records of water assessments 133 Water Commission — powers and duties 131 Water pipes under private property 133 Water rates to be paid to City Treasurer 132 WARDS— Boundaris, etc 2-10 One to 21 ■• 2-10 One Alderman from each ward 41 Divided into election districts 11 WARRANTS— Board of Health (see Health, Board of). No payment on unauthorized warrants 92 Requirements of warrants 92 WAYS AND MEANS COMMITTEE— Chairman, member Committee on Loans 91 Sinking Fund Commissioners 71 WITNESSES— Accommodation in booth -1 Before Police Commission 101 Civil service investigations 63 Perjury 63 Place of detention '"1 . WOMEN ELECTORS— Electors, challenge 31 Election list 31 Electors, separate return 31 Registration 19 ■ - - •■'" •■"'•■HI iiKiniiMIII irr. I|l>| l||l| Ml {M| D 000 397 882 2 PUBLIC AFFAIRS SEWR8 Mar 2 M) UNIVERSITyOfCAUfORNJA LOS ANGELES