56 Mich. 177 | Mich. | 1885
The following is the substance of the averments contained in the information filed in this case:
That “the village of Mackinac was reincorporated by an act of the Legislature of said State, duly approved April 1st, 1875. That section 12 of said act provides that (the president of said village, ex officio, shall be a member of the
To this information the respondent appeared, and interposed a general demurrer, and the people joined in demurrer ; and upon the issue thus made the cause was submitted ■upon the hearing.
There is but one question presented for our consideration upon this j-ecord, viz.: Is section 12 of Act No. 303 of the Local Laws of 1875 unconstitutional? — it being the section above quoted. The people are the source of unlimited power. The Constitution is not a grant of power, but a limitation upon its exercise by the agents of the people who compose the legislative branch of the government. The Legislature would have the power to. establish a board of supervisors in each county of the state, with such representation therein from the several townships, villages and cities •constituting the county as it might deem proper, had there been nothing contained in the Constitution upon the subject. And the question is now presented, in what respect and to what extent, has the Constitution limited this pow'er of the Legislature? In the examination-of this question it is to be •borne in mind that before a lawr can be held invalid, it must be a plain violation of some provision contained in the Constitution. Scott v. Smart's Ex'rs. 1 Mich. 307; People v. Gallagher 4 Mich. 244; People v. Blodgett 13 Mich. 127; People v. Mahaney id. 481; Whdllon v. Ingham Circuit Judge 51 Mich. 503. “In cases of doubt every possible presumption not clearly inconsistent with the language and subject-matter is to be made in favor of the constitutionality of the act” in question. Sears v. Cottrell 5 Mich. 259; Tabor v. Cook 15 Mich. 323; Ogden v. Saunders 12 Wheat. 270; Cooley’s Const. Lim. and cases cited at page 182.
The provisions of our State Constitution relating to the subject under discussion are as follows: - Article xi, § 1, provides that “ There shall be elected annually, on the first Monday of April, in each organized township, one supervisor,
It is, however, under the next two sections that the counsel for relator claims the conflict. -There is nothing contained in the provisions of either of these sections which prohibits the act in question. Section 6 undoubtedly prohibits the Legislature from authorizing more than one supervisor from each organized township. There is, however, nothing contained in the language used prohibiting the Legislature from granting other municipalities not organized into townships, representation on the board of supervisors. Section 7 neither grants power to, nor limits the authority of, the Legislature to give representation on the board to a city, but simply imposes the duty upon the Legislature to give it some representation therein. Sears v. Cottrell 5 Mich. 253. The effect of the two sections, as we construe them, is to limit the power to give organized townships more than one representative on the board, and imposes the duty of giving cities some representation therein, but leaving the number of representatives, and the manner of their selection, to "the determination of the Legislature.
The necessity for the enactment of the statute becomes most apparent in tlie case of this village, when we take into consideration its geographical position with reference to other portions of the county in which it is located. It is situated on two islands about five miles from the other portions of the territory of the county, and for several months in the year access to the main-land becomes exceedingly difficult. Its business interests, to a great extent, are such as have but little connection with those of the other portions of the county; and its property depends largely for its value on considerations which do not affect the remainder of the county. It seems to be entirely proper that its interests should be specially represented on the board which apportions the taxes to be paid, on its property holders, and whose action continually, more or less, involves its local interests. In consequence cf its peculiar situation and location, this island was made'
And the relator’s proceedings must be dismissed with costs.’