157 Mich. 326 | Mich. | 1909
(after stating the facts).
People v. Township Board of Woodhull, 14 Mich. 28, is not in point here. The circumstances in that case are entirely different. The petition was held to be too general. It did'not enable the court, by a statement of the specified purpose for which the advances were made, to judge whether they came within the provisions of the act. This disposed of the case. The court used the following language:
‘c The question voted upon goes back over the whole ' time from the beginning of the war, without any of the restrictions or limitations provided in the act, and would apply as well to moneys advanced for bounties to drafted men, and to the cases prohibited by the proviso, as to any others. It would cover any incidental expenses in going to the provost marshal’s office and returning, and the time spent there in getting the rolls corrected, or any other incidental expenses as to bounties or advances for bounties. This vote affords, therefore, no evidence what the vote of the electors would have been upon the question really authorized to be submitted.”
In the present case the statute of the State has been fully complied with by the common council, and there is no room for any uncertainty from the defect in the ballot. See, also, Thomas v. Kent Circuit Judge, 116 Mich. 106 (74 N. W. 381), and authorities cited in Bauer v. Township Board of Denmark, post, 395 (122 N. W. 121).
“Should any greater amount be required in any year for the purchase of grounds for erecting public buildings or for other necessary corporate purposes than can be raised by the council under the foregoing provisions of this chapter, such amount may be raised by tax or loan, or partly by tax and partly by loan, if authorized by a two-thirds vote of the electors voting upon the question at any annual or special village election. The amount that may be voted or raised in any year, under the provisions of this section, shall not exceed two per cent, of the assessed valuation of the property in the village as shown by the last preceding tax roll made therein.”
The 2 per cent, limit in this section applies to the purpose provided in that section. That limit had not been reached. The 2 per cent, does not include all the taxes mentioned in the other sections.
The decree is affirmed.