Cities And Villages

( Originally Published 1883 )

Corporations.—When a number of persons are united in a permanent organization, and are authorized by the Legislature to perform certain acts that they otherwise could not do, they are said to be incorporated, and they constitute what is called a corporation. Corporations are created in two ways :-

1. By conforming with certain requirements of the Legislature;

2. By a special act of the Legislature.

Kinds of Corporations.—Corporations are of three kinds,—

1. Business corporations ; as, railroad companies, insurance companies, banks.

2. Literary, religious, and charitable organizations; as, denominational colleges, library associations, hospitals.

3. Municipal corporations ; as, counties, townships, cities, villages, State institutions.

Distinguishing-Features of a Coloration.—Every corporation has,—

A name by which it is known.

2. A continued existence. The individuals composing a corporation may die, but "the rights and duties descend to the successive members of the corporation."

3. A common seal. The acts of a corporation are made binding by the fixing of the seal.

4. The capacity to sue and be sued.

5. The power to purchase and to hold property.

6. The power to make by-laws and regulations for the government of the corporation.

Cities.—In a thickly settled community, it is impossible for all the voters to meet together to make laws and to adopt measures for the promotion of the common welfare, so that it becomes necessary to select certain persons to perform the legislative functions of a township meeting, and to attend to the general interests of the community. Not only is it necessary to select a limited number to adopt measures for the public welfare, but it is also necessary that greater powers should be conferred upon them than upon a township meeting. Then, again, a greater number of executive officers, with more extensive powers than those of township officers, is needed. It will thus be seen that a different organization is necessary in a thickly settled community than in a township. Such an organization is called a city or village.

Incorporation of a City.—A city is said to be incorporated when certain powers are conferred upon it by the Legislature, and it is authorized to select certain officers. Any village containing a population of three thousand persons may be incorporated as a city. The instrument by which it is incorporated is called a charter.

A city is a corporate town governed by a Mayor and a Board of Aldermen called a Common Council.

Charter.—A charter is an act of the Legislature bestowing certain privileges and powers upon a city or any other corporation. It is really the constitution of the city, as it defines the duties and powers of the city officers and of the Common Council.

Officers.—In all cities, two classes of officers are elected:—

1. City officers,

2. Ward officers.

City Officers.—Although cities vary somewhat in the number and duties of their officers, the following officers are usually elected :-

1. Mayor,

2. Clerk,

3. Treasurer,

4. Collector,

5. Street Commissioner,

6. Marshal,

7. Justices of the Peace.

Ward Officers.—Every city is divided into smaller divisions called wards. In each ward, the following officers are elected:—

1. Supervisor.

2. Constable.

3. Two Aldermen.

Term of Office.—City and ward officers, like the officers of a township, are elected for one year, with the exception of Aldermen, who are elected for two years, one being elected each year. Justices of the Peace in the city, as well as in the township, are elected for four years, one being elected each year. The time of election is the first Monday in April.

Mayor.—The Mayor is the chief executive officer of a city. He stands in about the same relation to the city that the Governor does to the State. It is the duty of the Mayor to look after the general interests of the city, exercise a general supervision over the several departments of the city government, and see that the laws of the city, and the ordinances and regulations of the Council, are enforced. He is the presiding officer of the Common Council, and he is required from time to time to give information to them concerning the affairs of the city, and to recommend such measures as he may deem expedient. He is also the conservator of the peace, and in order to preserve peace and good order, he may exercise the powers conferred upon a Sheriff, and summon to his assistance all able-bodied citizens, or any portion of the State troops. The powers of a Mayor are very extensive and his responsibilities are very great.

The president pro tempore of the Common Council performs the duties of Mayor in his absence, or when there is a vacancy in the office.

Clerk.—The duties of a City Clerk correspond, in a great measure, to the duties of a Township Clerk. He is required to keep a record of the proceedings of the Common Council, preserve all books, papers, and records of the city, and countersign and register all city licenses. He is the general accountant of the city, examines all claims -against the city, and reports them to the Common Council for payment, keeps an account of all money received and paid out by the Treasurer, and exercises a general supervision over the financial interests of the city. He also keeps the seal of the corporation.

In some cities, a Comptroller is elected to perform the duties of general accountant instead of the City Clerk. The Clerk is sometimes called Recorder.

Treasurer.—The Treasurer receives and has charge of all money belonging to the city, keeps an account of all receipts and expenditures, and accounts to the Common Council for all money received or paid out by him. Money is paid out of the city treasury on the order of the Common Council, signed by the Clerk and countersigned by the Mayor. The City Treasurer is also treasurer of the public schools of the city, and he has the care of all school and library money.

Collector.—In a township the Township Treasurer collects the taxes, but in a city a special officer is elected for this purpose called a Collector. It is the duty of this officer to collect all taxes within the city, and to pay over to the City Treasurer the city and school taxes, and to the County Treasurer the State and county taxes.

Street Commissioner.—The Street Commissioner has the general care of all the highways, streets, bridges, reservoirs, drains, sewers, and public grounds within the city limits, and he is required to superintend such labor and make such repairs and improvements as the Common Council may from-time to. time direct.

Marshal.—The Marshal is chief of the police of the city, and as a police officer he is subject to the direction of the Mayor. It is his duty to see that the laws of the city, and the ordinances and regulations of the Common Council, are promptly enforced. He is required to preserve the peace of the city, and to suppress all disturbances and riots. In order to do this he is vested with the powers of a Sheriff, and may arrest, without a warrant, disorderly persons, or persons in the act of breaking any of the laws of the State or of the ordinances of the city, and take them before the proper magistrate. Persons found drunk on the streets, may be arrested by him and imprisoned until they become sober. The Marshal is also required to serve warrants for the arrest of persons who have violated any of the ordinances of the city.

Justices of the Peace.—Justices of the Peace have authority to try cases for violation of the city ordinances. They also exercise the same powers, and perform the same duties, as Justices of the Peace in the townships, and are elected for four years, one being elected each year.

Supervisor.—The Supervisor occupies about the same relation to the ward of a city that the Township Supervisor does to a township. He prepares a list of all persons liable to be taxed, together with a correct valuation of the taxable property, and assesses upon the property of each his proportion of the taxes. The Supervisor may provide temporary relief for the poor of his ward.

Constables —Constables are required to obey all lawful orders of the Mayor, Aldermen, Marshal, and Justices of the Peace; and to discharge all the duties required of them by any ordinance or resolution of the Common Council. In all civil and criminal matters, they have the same powers and authority as Constables in townships, and may serve warrants issued for the violation of city ordinances. One Constable is elected in each ward.

Aldermen.—Two Aldermen are selected in each ward for a term of two years, one being elected each year. It is their duty to aid in maintaining peace and good order in the city, and in securing the faithful performance of duty by all the officers of the city. The Aldermen are members of the Common Council.

Common Council.—The Mayor and Aldermen constitute the Common Council. The Common Council is the legislative body of the city, and has the power to pass such ordinances and regulations as the interests of the city seem to demand. They have the general supervision of all buildings and property belonging to the city, and of all highways and bridges; they have the power to adopt measures for raising or borrowing money, to erect and repair public buildings, to lay out and alter streets, and to make such public improvements as they may deem desirable. In short, they are authorized to adopt such measures and make such regulations as the peace and welfare of the city demand. The Mayor is chairman and the City Clerk is the clerk of the Council.

1. The laws passed by the Common Council are called ordinances.

2. A vacancy in the office of Mayor or Alderman must be filled by a special election, if the vacancy occurs more than ninety days before the annual election. A vacancy in the office of Justice of the Peace is not filled till the next annual election. All other vacancies may be filled by a special election or by the Common Council.

3. The Mayor and Aldermen each receive an annual salary of not to exceed fifty dollars. The Marshal, Clerk, Treasurer, Collector, receive such salaries, and all other officers, whether elected or appointed, such compensation, as the Common Council may determine. For compensation of Supervisors, Justices of the Peace, and Constables, see page 30.

Other Officers.—Certain officers are appointed by the Common Council. These are,

1. City Attorney, who is the legal adviser of the Common Council and city officers ;

2. City Surveyor, who makes all surveys within the city limits;

3. Chief of the Fire Department.

The Common Council has the power to appoint such offi_ cers as the welfare of the city renders necessary. The number of these varies in different cities. The larger the city, the more numerous are the officers required.

Villages.—A village occupies a place midway between a city and a township. The powers conferred upon a village are not as extensive as those conferred upon a city, while, on the other hand, a village exercises greater powers than are exercised by a township. Villages are less than cities; are not divided into wards, and are governed by a President and six Trustees, called a Board of Trustees or a Village Council.

1. There are a few villages in Michigan larger than some cities; as, Kalamazoo.

2. Any part of a township containing a resident population of not less than three hundred persons, and including within its boundaries a territory of not more than two square miles, may be incorporated as a village.

Officers.--The officers elected in a village are,—

1. President,

2. Clerk,

3. Treasurer,

4. Street Commissioner,

5. Assessor,

6. Constable,

7. Trustees.

The Trustees are elected for two years, three being elected each year; the other village officers, for one year. The Council appoints a Marshal, an Engineer of the Fire Department, and such other officers as they deem necessary.

Powers and Duties.—The President is the chief executive of the village; the legislative power is vested in a Council consisting of the President and six Trustees. The powers of a Village Council are about the same as those of a City Council. The duties of village officers correspond to the duties of similar officers in the city.

General Remark.—As cities and villages are incorporated by a special act of the Legislature, as well as by conforming with certain requirements, they will necessarily vary somewhat in the number of their officers, their powers, and the mode of selecting them. In some cities certain officers are elected who in other cities are appointed by the Common Council. Each teacher should obtain a copy of the city or village charter, and make such additions to and changes in this chapter as may be necessary.

CITY AND VILLAGE OFFICERS.

CITY. EXECUTIVE.

Mayor,

Clerk,

Treasurer,

Collector,

Street Commissioner,

Marshal,

Attorney,

Surveyor,

Chief of the Fire Department, &c.

JUDICIAL.

Justices of the Peace.

LEGISLATIVE.

Common Council.

WARD OFFICERS.

Supervisor,

Constable,

Aldermen.

EXECUTIVE. VILLAGE.

President,

Clerk,

Treasurer,

Street Commissioner,

Assessor,

Constable,

Trustees,

Marshal,

Engineer of the Fire Department, &c.

JUDICIAL.

Justices of the Peace in the Township.

LEGISLATIVE.