PROPOSED CHARTER 
 
 OF THE 
 
 CITY OF MARQUETTE, 
 
 STATE OF MICHIGAN. 
 
 PREAMBLE. 
 
 The electors of the City of Marquette, in the County of Marquette 
 and State of Michigan, pursuant to the authority granted them by the 
 constitution and general laws of said state, hereby revise the Charter 
 of the City of Marquette to read as follows: 
 
 CHAPTER 1. 
 
 . INCORPORATION. 
 
 Section 1. Corporate Name. The municipal corporation heretofore 
 created and now known as the “City of Marquette,” shall remain and 
 continue a body corporate and politic under the name and title of the 
 “City of Marquette”, and under that name shall have perpetual succes- 
 sion and shall have power: 
 
 (A) . Powers Now Possessed. To exercise and enjoy all the rights, 
 immunities, benefits, privileges and franchises now possessed, enjoyed, 
 owned, or held by it; and shall be subject to all the duties and obliga- 
 tions now pertaining to, or incumbent on, said city as a corporation not 
 inconsistent with the provisions of this Charter. 
 
 (B) . Corporate Seal. To make, have and use a corporate seal. The 
 corporate seal now in use, and adopted by the city, shall be the seal of 
 the corporation until the same is changed by act of the commission. 
 
 (C) . Power to Sue, Etc. To sue and be sued in all actions and pro- 
 ceedings whatever, and take all necessary action to prosecute or defend 
 the same. 
 
 (D) . To Receive Bequests, Etc. To receive bequests, gifts, dona- 
 tions and devises of all kinds of property situated within or without the 
 city, to be held in fee simple, or in trust for public, charitable, or other 
 municipal purposes. 
 
 (E) . Powers. To exercise and enjoy all such corporate powers as 
 are hereinafter conferred by this Charter, together with such implied 
 
afid incidental powers as are possessed by municipal corporations in 
 this state. 
 
 (F) . Control Property. To exercise all municipal powers in the 
 management and control of municipal property, and in the administra- 
 tion of the municipal government, whether such powers be expressly 
 enumerated or not. 
 
 (G) . Prosperity, Good Government. To do any and all acts, to ad- 
 vance the interest of the city, the good government and prosperity of 
 the municipality and its inhabitants, and through its regularly con- 
 stituted authority pass all laws and ordinances relating to its municipal 
 concerns, subject to the constitution and general laws of the state. 
 
 Sec. 2. The territory embraced in and constituting said city shall 
 be fractional Section one (1); fractional Section two (2); the southeast 
 quarter (SE %) of Section eight (8); the southwest quarter (SW %) , 
 west half of southeast quarter (Wy 2 of SE y 4 ) and southeast quarter 
 of southeast quarter (SE % of SE y 4 ) of Section nine (9); the south 
 half of the south half (Sy 2 of S y 2 ) of Section ten (10) ; fractional 
 Sections eleven (11), except west half of northwest quarter (W y 2 of 
 NW y 4 ), thirteen (13) and fourteen (14); entire Section fifteen (15); 
 the northeast quarter of the northeast quarter (NE % of NE %) of 
 Section twenty-one (21); entire Section twenty-two (22); fractional 
 Sections twenty-three (23), twenty-four (24) and twenty-six (26); en- 
 tire Sections twenty-seven (27), thirty-four (34) and thirty-five (35) 
 and fractional Section thirty- six (36), in Township forty-eight (48) 
 North of Range twenty-five (25) West. 
 
 Sec. 3. Harbor Limits. The harbor of the City of Marquette is here- 
 by defined and declared to be embraced within the following limits, viz: 
 r' Commencing at a point on the shore of Lake Superior where the west 
 boundary of said city strikes the shore; thence north one mile; thence 
 east on a line to a point therein intersected by a line drawn north from 
 the point where the south boundary of the city strikes the shore of 
 Lake Superior; thence southerly on said line to said last mentioned point 
 on said shore; thence northerly along the line of said shore, following 
 the meandering thereof to the place of beginning; and any offense com- 
 mitted against the laws and ordinances of the City of Marquette, within 
 said limits, shall be deemed and considered as having been committed 
 within the limits of the City of Marquette. 
 
 CHAPTER 2. 
 
 WARDS, PRECINCTS AND VOTING DISTRICTS. 
 
 Section 1. Ward. All wards heretofore existing in said city are 
 hereby abolished and said city shall hereafter consist of one ward. 
 
 Sec. 2. Five Precincts. The city is hereby divided into five pre- 
 cincts, the boundaries of which shall be as follows: 
 
 Precinct No. 1 shall embrace all that portion of the city lying south 
 of the following line: beginning at a point on the shore of Lake Su- 
 perior where the center line of Rock street produced easterly intersects 
 
 2 
 
said shore line and running thence westerly along said center line to 
 the center line of Seventh street; thence northerly along the line of 
 Seventh street to the east and west center line of Sections twenty-two 
 and twenty-three; and thence westerly along the center line of said 
 section to the western boundary of said city. 
 
 Precinct No. 2 shall embrace all that portion of the city lying be- 
 tween the last above boundary line and the center line of Washington 
 street produced, easterly to the shore of Lake Superior and westerly to 
 the western boundary of the city. 
 
 Precinct No. 3 shall embrace all that portion of the city lying north 
 of the last mentioned boundary, east of the center line of Front street 
 to the center line of Fair avenue and south of the following line: be- 
 ginning at the center of the intersection of Front street and Fair ave- 
 nue, running thence cast on the center line of Fair avenue to the center 
 of its intersection with Pine street; thence northerly on the center 
 line of Pine street to the north line of Section fourteen; thence east on 
 said section line to the shore of Lake Superior. 
 
 Precinct No. 4 shall embrace all that portion of the city lying north 
 of the center line of Washington street, west of the center line of Front 
 street and south of the following line: beginning at the center of the 
 intersection of Front street and Hewitt avenue and running thence 
 west on the center line of Hewitt avenue to the center of its intersection 
 with Seventh street; thence north on the center line of Seventh street 
 to the north line of Section twenty-three, and thence west on the north 
 line of Sections twenty-three, twenty-two and twenty-one to the western 
 boundary of the city. 
 
 Precinct No. 5 shall embrace all the remaining portion of the city. 
 
 Sec. 3. Change of Boundaries. The commission may from time to 
 time change the boundaries of said precincts, but the number shall re- 
 main five until this Charter shall be amended. 
 
 Sec. 4. Voting Precincts. Until otherwise provided by ordinance, 
 each precinct shall be a voting district. The commission may sub- 
 divide any precinct into two or more voting districts in its discretion. 
 No such division shall be made within thirty days next preceding any 
 election. 
 
 Sec. 5. New Registration. In case of any change of boundary of 
 precinct or sub-division of precinct into voting districts there shall be 
 a new registration of the electors of those precincts whose boundaries 
 are thus changed, and when a precinct shall be divided into two or more 
 voting districts, separate registration lists shall be prepared by the 
 Board of Registration for each of said voting districts. 
 
 Sec. 6. Voting Places. The commission shall designate a place in 
 each voting district for holding elections. 
 
 CHAPTER 3. 
 
 ELECTIVE OFFICERS. 
 
 Section 1. Elective Officers. The following officers of the corpora- 
 tion shall be elected at large by the qualified electors of the whole city, 
 
 3 
 
voting in their respective precincts, viz: Mayor, four commissioners, 
 five supervisors, two justices of the peace and two constables. The 
 term of office of the mayor and of the commissioners, except those 
 elected at the first election hereunder, shall be five years, and the term 
 of office of constable shall be four years, all commencing on the first 
 day of January succeeding their election. The term of office of super- 
 visor shall be two years, commencing on the first Monday in April next 
 succeeding his election, and the term of office of the justices of the 
 peace shall be four years and shall commence on the fourth day of July 
 next succeeding their election. 
 
 Sec. 2. Election of Mayor and Commissioners. At the first election 
 hereunder there shall be elected one mayor for the term of four years 
 and eleven months ; one commissioner for three years and eleven months ; 
 one commissioner for two years and eleven months; one commissioner 
 for one year and eleven months, and one commissioner for eleven 
 months; and at every fifth annual election thereafter there shall be 
 elected one mayor for full term and at each annual election thereafter, 
 except when a mayor for full term shall be elected, there shall be elected 
 one commissioner for full term. 
 
 Election of Supervisors, Justices and Constables. At the annual 
 city election held in the year 1914 and biennially thereafter there shall 
 be elected five supervisors, one justice of the peace and one constable. 
 
 The said officers shall serve until their successors are elected and 
 have qualified, unless otherwise provided in this charter. The present 
 incumbents of the offices of supervisors, justices of the peace and con- 
 stables shall severally serve during the remainder of their respective 
 terms of office. 
 
 Sec. 3. Supervisors Nominated by Precincts. One supervisor shall 
 reside in, and be nominated by the qualified electors of each of the five 
 precincts of said city. 
 
 Sec. 4. Vacancies. A vacancy shall exist in any office when the can- 
 didate elected thereto shall fail to qualify within ten days after receiv- 
 ing certificate of election, or when he dies, resigns, is removed from 
 office, removes from the city, absents himself or fails to perform the 
 duties thereof for ninety days continuously or is convicted of felony. 
 
 Sec. 5. Eligibility. No person shall be eligible to any elective office 
 unless he shall then be an elector and shall have been a resident of said 
 city for at least three years, and no person shall be eligible for mayor 
 unless he shall have reached the age of thirty years. 
 
 Sec. 6. Compensation. The said mayor and commissioners shall re- 
 ceive out of the city treasury each the sum of three dollars for each and 
 every meeting of the commission actually attended by them. 
 
 CHAPTER 4. 
 
 REGISTRATION OF ELECTORS. 
 
 Section 1. Registrar. At least thirty days before each annual city 
 election the commission shall appoint an elector from each voting pre- 
 cinct, who shall be known as registrar, to take charge of and care for 
 
 4 
 
the registration of electors in that precinct at all elections held during 
 his term of office. He shall, at least fifteen days before the time desig- 
 nated for posting notices of registration, revise the registration list of 
 his precinct for publication, striking therefrom the names of electors 
 known by him to have died or removed from the precinct. 
 
 Term of Office. Such registrar shall hold his office for one year and 
 until his successor has been duly appointed and has qualified. Vacan- 
 cies may be filled at any time by the commission. The registrars shall 
 be paid three dollars per day for each day actually engaged in their 
 work. 
 
 Sec. 2. Board of Registration. The five registrars above described 
 shall constitute the Board of Registration for the City of Marquette. 
 The place of registration of the several election precincts shall be in the 
 City Hall, and the Board of Registration shall be in session on the sec- 
 ond Friday and Saturday preceding each election, and shall be in session 
 from eight o’clock a. m. to eight o’clock p. m. of each day. 
 
 May Administer Oaths. Such registrars shall have power to admin- 
 ister oaths and perform all duties imposed under the general registra- 
 tion laws of the state relating to registration of electors. 
 
 Sec. 3. General Law to Govern. Except as otherwise provided in this 
 Charter the general law shall govern as to all matters relating to the 
 registration of electors. 
 
 Sec. 4. Notice of Registration. At least five days previous to the 
 commencement of any session of the Board of Registration, the board, 
 at the expense of the city, .shall cause a notice thereof to be printed 
 and published in one or more newspapers in such city, designating 
 the time and place of holding the same, and shall also cause the same 
 notice to be printed in hand bill form and posted up in at least ten con- 
 spicuous places in each voting district, which hand bill shall also contain 
 a true copy of the list of names then appearing upon the registration 
 list for that district. 
 
 Sec. 5. Electors. All inhabitants of said city having the qualifica- 
 tions of electors under the constitution of the State of Michigan, and 
 having resided in the city for twenty days, and no others, shall be 
 electors of said city. Every elector shall vote in the precinct where 
 he shall reside. Change of residence from one precinct to another shall 
 not disqualify a resident otherwise qualified from voting if registration 
 be made as hereinafter provided. The residence of any elector not being 
 a householder shall be deemed to be in the precinct in which is located 
 his regular place of lodging. 
 
 Sec. 6. Re-Registration. A general re-registration of all the electors 
 of said city shall be held at the session of the Board of Registration 
 preceding the general election in the year 1916 and every fourth year 
 thereafter. 
 
 Sec. 7. Registration Lists. Until changed as provided by statute, 
 the registration and re-registration list, made just prior to the general 
 election in the year 1912 in each of the several precincts, and the regis- 
 tration added thereto from time to time as herein provided, shall be 
 
 5 
 
and constitute the registration list for the precincts in this Charter 
 designated. 
 
 Precinct No. 1 shall have the registration list of Ward No. 1. 
 
 Precinct No. 2 shall have the registration list of Ward No. 2. 
 
 Precinct No. 3 shall have the registration list of Ward No. 3. 
 
 Precinct No. 4 shall have the registration list of Ward No. 4. 
 
 Precinct No. 5 shall have the registration list of Ward No. 5. 
 
 Sec. 8. Registration on Election Day. On any election day registra- 
 tion certificates of the registration of an elector in one precinct from 
 which he may have moved shall be recognized in the precinct where the 
 elector resides. An elector residing in the city who is otherwise duly 
 qualified to vote and who is registered in any precinct in the city, may 
 be registered in the precinct where he then resides on any election day 
 on the presentation of a certificate from the chairman of the election 
 board where registered to the chairman of the election board in the pre- 
 cinct in which he resides, certifying that the elector is duly registered 
 in that precinct, and thereupon said elector may register in the precinct 
 where he resides and be entitled to vote the same as if his name had 
 been registered on a regular registration day. Whenever a certificate 
 of transfer is issued as aforesaid, the chairman of the board issuing 
 the same shall immediately cancel the registration in his precinct by 
 noting the transfer thereon. Any elector who would be entitled to 
 register on election day under the general laws of the state shall like- 
 wise be entitled to register hereunder. 
 
 CHAPTER 5. 
 
 NOMINATIONS. 
 
 Section 1. Nominating Petition. Any person desiring to be a can- 
 didate for any of the offices to be filled at any municipal election shall, 
 not less than fifteen days nor more than thirty days before the date 
 of the next preceding primary election, file with the city clerk a peti- 
 tion signed by not less than twenty-five, nor more than fifty, qualified 
 electors of the city, which petition shall be in the following form: 
 
 State of Michigan, I 
 County of Marquette, Iss. 
 
 City of Marquette. 
 
 We, the undersigned qualified electors of the City of Marquette (or 
 
 in case of supervisor, of precinct number of the City of Marquette), 
 
 do hereby join in a petition for the nomination of.... 
 
 residing at number , street, for the office of 
 
 to be voted for at the primary election to be held 
 
 for the nomination of candidates to be voted for at the municipal 
 
 election to be held on the day of A. D. 19 
 
 We believe him to be of good moral character, well qualified for 
 the office above named, and that he is not the candidate of any com- 
 mittee or convention of any political party. 
 
 Name. Occupation. Precinct. Street Number. 
 
 6 
 
State of Michigan, I 
 County of Marquette, Iss. 
 
 City of Marquette. 
 
 , being first duly sworn, says that he is the 
 
 person who circulated the foregoing petition, and that the statements 
 contained therein are true to the best of his knowledge and belief, and 
 that the signatures thereto are genuine. 
 
 Subscribed and sworn to before me 
 this day of A. D. 19 
 
 Notary Public. 
 
 My commission expires 
 
 Section 2. Candidates’ Petition. The candidate shall within the 
 same period file with the city clerk a request and an affidavit showing 
 his eligibility for the office sought, which shall be in the following 
 form: 
 
 State of Michigan, 'J 
 County of Marquette, Iss. 
 
 City of Marquette. 
 
 I, , being first duly sworn, say that I reside at 
 
 number , street, in the City of Marquette, County 
 
 of Marquette and State of Michigan; that I am a qualified voter therein 
 (and in case of mayor, that I am thirty years of age) (and in case of 
 supervisor, of precinct number ....), and have been a resident of the 
 city for three years last past; that I am a candidate for the office of 
 
 to be voted upon at the primary election to be held on the 
 
 day of , 19. . . ., and I hereby request that my name 
 
 be printed on the official primary ballot for nomination by said primary 
 election for said cffice. 
 
 Subscribed and sworn to before me 
 this. . . .day of .A. D. 19 
 
 Notary Public. 
 
 My commission expires 
 
 Sec. 3. Supervisors. Petitions in behalf of a candidate for the of* 
 fice of supervisor can be signed only by qualified electors residing in 
 the precinct from and for which he is a candidate. 
 
 Sec. 4. Blanks. The commission shall provide and furnish a rea- 
 sonable number of forms of the above petitions to individuals upon 
 application. 
 
 Sec. 5. Each petition shall contain the name of one candidate and 
 no more. 
 
 Sec. 6. May Sign Only One Petition. In case a qualified elector 
 shall sign the petition of more than one candidate for any one office, 
 his name shall be counted only on the petition first filed and shall be 
 
 7 
 
stricken by the clerk from all other petitions for that office; provided, 
 however, that at the first election held hereunder any qualified elector 
 may sign the petitions of four candidates for the office of commis- 
 sioner. 
 
 Sec. 7. Clerk to Verify Names. The city clerk shall verify the 
 names on the petition with the city registration lists, and if the peti- 
 tion conforms to the provisions hereof he shall cause the name of the 
 candidate to be printed on the official primary ballot, and shall at 
 least seven days previous to the date of the primary election mail to 
 each candidate a copy of said ballot for the purpose of correcting any 
 error in the spelling of the name or otherwise. 
 
 Sec. 8. Date of Primary Election. A primary election for the nom- 
 ination of candidates for all elective municipal offices shall be held on 
 the second Monday preceding each municipal election. 
 
 Sec. 9. Publication of Names. Immediately on the expiration of 
 the time for filing petitions for candidates, the city clerk shall cause 
 to be published for three successive days in all the daily newspapers 
 published and circulating in the city the names of all candidates that 
 are to appear on the primary ballot. He shall also, at the same time, 
 publish a notice of said primary election, giving the time and voting 
 places for such election. 
 
 Sec. 10. Order of Names. The names of the candidates for the 
 various elective offices to be filled at the next municipal election shall 
 appear upon the official primary ballot in the following order: 
 
 1st. For Mayor (if to be elected). 
 
 2nd. For Commissioner for full term (if to be elected). 
 
 3rd. For Commissioner to fill vacancy (if to be elected). 
 
 4th. For Justice of the Peace (if to be elected). 
 
 5th. For Justice of the Peace to fill vacancy (if to be elected.) 
 
 6th. For Supervisor in the several Precincts (if to be elected). 
 
 7th. For Supervisor to fill vacancy (if to be elected). 
 
 8th. For Constable (if to be elected). 
 
 9th. For Constable to fill vacancy (if to be elected). 
 
 There shall be a square printed immediately to the left of the name 
 of each candidate, and the ballot shall contain suitable and sufficient 
 instructions appropriately placed to inform the voter of how properly 
 to mark his ballot and for how many candidates to vote for the several 
 offices. 
 
 Sec. 11. Ballots to Have No Party Mark. The ballots shall be 
 printed on pure white paper, authenticated with a printed facsimile of 
 the signature of the city clerk and numbered in accordance with the 
 state law, but they shall have no party mark or vignette, or any other 
 distinguishing mark whatever. 
 
 Sec. 12. Form of Ballot. The primary ballot shall be substantially 
 in the following form: 
 
 8 
 
(Place a cross in the square opposite the names of the persona you 
 favor as candidates for the respective offices.) 
 
 OFFICIAL PRIMARY BALLOT. 
 
 Candidates for nominations for (name offices) of the City of Mar- 
 quette at the primary election held 
 
 For Mayor — 
 
 (Vote for one.) 
 
 (Names of Candidates.) 
 
 For Commissioners — 
 
 (At first election.) 
 
 (Vote for four.) 
 
 (Subsequent election.) 
 
 (Vote for one.) 
 
 (Names of Candidates.) 
 
 (If to fill vacancy.) 
 
 For Commissioner for Years — 
 
 (Vote for one.) 
 
 (Names of Candidates.) 
 
 For Justices of Peace — 
 
 (Vote for one.) 
 
 (Names of Candidates.) 
 
 For Supervisor, Precinct — - 
 
 (Vote for one.) 
 
 (Names of Candidates.) 
 
 For Constable — 
 
 (Vote for one.) 
 
 (Names of Candidates.) 
 
 Sec. 13. Clerk to Prepare Ballots. The city clerk shall prepare and 
 have printed for each precinct, and shall cause to be delivered at the 
 polling place in that precinct, a number of said ballots equal to at least 
 twice the number of votes cast in such precinct at the last general 
 municipal election for the office of mayor. 
 
 Sec. 14. Qualification of Voters and Challengers. The persons who 
 will be qualified to yote at the succeeding general municipal election 
 shall be qualified to vote at such primary election. Challenges can be 
 made by not more than one person in each precinct for each candidate, 
 and the law applicable to challenges made at a general municipal elec- 
 tion shall be applicable to challenges made at such primary election. 
 
 Sec. 15. Canvass of Votes. The Board of Election Inspectors shall 
 immediately upon the closing of the polls count the ballots and ascertain 
 and publicly announce the number of votes cast in such precinct for 
 each of the candidates and make return thereof to the city clerk upon 
 proper blanks to be furnished by said city clerk, as soon as practicable 
 after the closing of the polls. 
 
 Sec. 16. Canvassing by Commissioners. On the day following a pri- 
 mary election the commission shall publicly canvass the returns so re- 
 ceived from all the precincts and shall make and publish in all the 
 newspapers of said city at least once the result thereof. 
 
 9 
 
Sec. 17. Determination of Candidates. The two candidates receiv- 
 ing the highest number of votes for mayor shall be the candidates and 
 the only candidates for mayor whose names shall be placed upon the 
 official ballot for the next succeeding municipal election, and the 
 names of the two candidates receiving the highest number of votes for 
 commissioners, and no others, shall be placed upon the ballot as candi- 
 dates for commissioner at such election; provided, that at the first 
 election hereunder the names of the eight candidates for the office of 
 commissioner, or all such candidates if less than eight, receiving the 
 largest number of votes, and their names only shall be placed on the 
 ballot as candidates for commissioners at such election. The names 
 of the two candidates receiving the highest number of votes for justice 
 of the peace, and no others, shall be placed upon the ballot as candidates 
 for justice of the peace at such municipal election; the names of the 
 two candidates for the office of supervisor in each precinct receiving the 
 highest number of votes shall be placed upon the ballot for that pre- 
 cinct as candidates for supervisor for that precinct, and the names of 
 the two candidates receiving the highest number of votes for constable, 
 and no others, shall be placed upon the ballot as candidates for con- 
 stable at such election. The names of all candidates placed on the 
 ballot at either a primary, general or special election, where more than 
 one name appears for any office, shall rotate in accordance with the 
 provisions of the general state primary law. 
 
 CHAPTER 6. 
 
 ELECTIONS. 
 
 Section 1. Municipal Elections. A municipal election shall be held 
 in the City of Marquette on the first Monday in December of each year 
 for the election of all such elective officers of said city as are provided 
 for in this Charter and required by the general laws of the state. 
 
 Sec. 2. All inhabitants of the city having the qualifications specified 
 in Chapter 4 on Registrations, shall be entitled to vote at all municipal 
 elections. 
 
 Sec. 3. Ballot. The ballot at such municipal election or at any spe- 
 cial municipal election called for the purpose of electing any officer 
 under the provisions of this Charter shall be in the same general form 
 as the ballot for primary elections so far as is applicable, and such 
 election ballot shall be printed without any party mark, emblem, vig- 
 nette or designation whatever, on plain substantial white paper, and 
 the same shall be printed and numbered in accordance with the provis- 
 ions of the general laws of the state regulating the printing and num- 
 bering of ballots at general elections. 
 
 Sec. 4. Board of Election Inspectors. It shall be the duty of the 
 commission at least ten days before the regular primary nominating 
 election held under the provisions of this Charter to appoint a Board 
 of Election Inspectors for each of the voting precincts in the city. Said 
 board shall consist of the registrar for said precinct and three other 
 
 10 
 
electors of that precinct, all of whom shall hold their office for one year 
 and until their successors shall have been appointed and have qualified 
 and shall be the inspectors of all elections held in the City of Marquette 
 during their term of office. No member of said board shall be qualified 
 to act thereon at any election at which- he is a candidate for any office. 
 
 Sec. 5. Vacancies. If at the opening of the polls at any election 
 any of the members of the Board of Election Inspectors shall not be 
 present or shall fail to perform the duties as such inspector, or be dis- 
 qualified to act, the electors present at such election precinct may 
 choose vive voce such number of electors as, with the inspector or in- 
 spectors present and qualified to act, shall constitute a board of four 
 members, and such electors so chosen shall be inspectors at that elec- 
 tion during the continuance thereof. Each inspector of election shall 
 receive five dollars per day as compensation. 
 
 Sec. 6. Officers of Board. The registrar shall be the chairman of 
 the Board of Election Inspectors, and the chairman shall designate one 
 of the inspectors to act as clerk and shall appoint an elector to act as 
 second clerk, and such number of gate-keepers as the statute shall re- 
 quire. To such gate-keepers and such clerk or clerks, and inspector 
 or inspectors so appointed, shall be administered the constitutional oath 
 by any commissioner or by the chairman of the~precinet election board, 
 or by any other person duly authorized to administer oaths. The 
 second clerk shall receive five dollars per day, and the gate-keepers 
 shall receive three dollars per day as compensation. 
 
 Sec. 7. Manner of Conducting Elections. All elections held under 
 the provisions of this Charter shall be conducted, the votes shall be can- 
 vassed and the results shall be announced, as nearly as may be, except 
 as herein otherwise provided, in the manner provided by law for the 
 holding of general elections in this state. The inspectors of such elec- 
 tions shall have the same power and authority for the preservation of 
 order and for enforcing obedience to their lawful commands during the 
 time of holding election and the canvassing of the votes as are con- 
 ferred by law upon inspectors of general elections held in this state. 
 
 Sec. 8. Canvassing of Votes. The commission shall convene on 
 Thursday next succeeding each election, at their usual place of meeting, 
 and publicly canvass the results of the election upon each question 
 and proposition voted upon, and shall canvass the votes cast and de- 
 termine what persons have been duly elected at such election to the 
 several offices to be filled at that election, and thereupon said city clerk 
 shall make duplicate certificates under the corporate seal of the city of 
 such determination showing the result of the election upon any ques- 
 tion or proposition voted upon and what persons have been declared 
 elected to the several offices, one of which he shall file in his office and 
 the other he shall file in the office of the county clerk. Certificates of 
 election shall also be issued to each candidate elected to the several 
 offices, and each person elected to any office in the City of Marquette 
 under the provisions of this Charter shall, within ten (10) days after 
 receiving the certificate of his election to any office, take and subscribe 
 
 11 
 
the official oath required by this Charter and file the same with the 
 city clerk. 
 
 Sec. 9. Plurality or by Lot. The person receiving the greatest 
 number of votes for any office in the city shall be deemed to have been 
 duly elected to such office, and if there shall be no choice for any office 
 by reason of two or more candidates having received an equal number 
 of votes for that office, the commission shall at the meeting mentioned 
 in the preceding section determine by lot between such persons which 
 shall be considered and declared elected to such office. 
 
 Sec. 10. First Election. At the first election hereunder the candi- 
 date who shall receive the highest number of votes for ihe office of 
 commissioner shall be deemed and declared to be elected commissioner 
 for the term of four years. The candidate who shall receive the next 
 highest number of votes for said office shall be deemed and declared 
 to be elected commissioner for the term of three years. The candidate 
 who shall receive the third highest number of votes for said office shall 
 be deemed and declared to be elected commissioner for the term of two 
 years. And the candidate who shall receive the fourth highest num- 
 ber of votes for said office shall be deemed and declared to be elected 
 commissioner for the term of one year. 
 
 Sec. 11. Unlawful to Pay for Campaign Work. It shall be unlaw- 
 ful for any candidate at any primary or municipal election for any 
 municipal office, or any person in his behalf, directly or indirectly, to 
 employ any person to do any campaign work, electioneering or solicit- 
 ing for votes for such candidate for hire, either of money, promises of 
 money or other valuable thing, or promises of office or employment, and 
 it shall be unlawful for any person to agree to perform any such service 
 in behalf of any such candidate for any consideration, profit or benefit 
 whatever. Any violation of this section shall be a misdemeanor and 
 shall be punished by a fine not exceeding one hundred (100) dollars, or 
 by imprisonment in the county jail not exceeding thirty (30) days. 
 
 Sec. 12. Treating and Villifying. It shall be unlawful for any can- 
 didate for any office created by this Charter at any primary or mu- 
 nicipal election, and likewise for any person in his behalf, either direct- 
 ly or indirectly, to buy for, or give to, or cause to be bought for or 
 given to any elector, any cigars or intoxicating liquors, and the candi- 
 date who shall violate any of the provisions hereof, or shall permit the 
 same to be violated in his behalf, or shall be guilty of making or caus- 
 ing to be made any untrue or unjust statement reflecting on the char- 
 acter of any of his opposing candidates during any campaign, shall be 
 disqualified to receive the nomination in case of a nominating campaign 
 and shall be disqualified for holding office in case of an election cam- 
 paign. The intent of this section is to prohibit and prevent the prac- 
 tice of treating during a campaign and of villifying candidates for pub- 
 lic office. 
 
 Sec. 13. Conveyance of Electors. It shall be unlawful for any can- 
 didate for any municipal office, or anyone in his behalf, directly or in- 
 directly, to employ or hire any hack, carriage, motor vehicle, or any 
 
 12 
 
other conveyance for the purpose of conveying voters to the polls at 
 any primary or municipal election. Any violation of this section shall 
 be a misdemeanor and shall be punished as provided in Section 11 of 
 this Chapter. 
 
 Sec. 14. Three Years’ Residence. No person shall be eligible to of- 
 fice of mayor or commissioner who is not a qualified elector, a citizen 
 of the United States and a resident of the City of Marquette for at 
 least three years. 
 
 Sec. 15. Vacancies. If any vacancy occurs in any elective office, the 
 commission, or in case the vacancy be in the commission itself, then 
 the remaining members of the commission, shall appoint a qualified 
 elector of the city to fill such vacancy until the next general municipal 
 election. In case of an appointment of a supervisor to fill vacancy, 
 such appointment shall be of an elector from the precinct where the 
 vacancy exists. 
 
 Sec. 16. Oath of Office. Before entering upon the duties of their 
 office, the mayor and each of said commissioners shall take and sub- 
 scribe an oath, which shall be filed and kept in the office of the city 
 clerk, to support the constitution of the United States, the constitution 
 of the State of Michigan, and to obey the laws of the state and this 
 Charter and to aim to secure and maintain an honest and efficient force 
 of appointive officers and employes, free from partisan distinction or 
 control, and to perform the duties of his office to the best of his ability; 
 and all other officers, elective and appointive, shall, before entering 
 upon the duties of their respective offices, take the constitutional oath 
 of office. 
 
 Sec. 17. State and County Elections. The several boards of elec- 
 tion inspectors herein provided for shall act as such at all state and 
 county elections, and each precinct board shall canvass the votes cast 
 in such precinct at such elections and feport the same directly to the 
 proper official as required by the general laws of the state. 
 
 Sec. 18. Failure of Election. If an election of mayor, commission- 
 ers and other officers shall not be made on the day when, pursuant to 
 this act it ought to be made, the said corporation shall not for that 
 reason dissolve, and it shall be lawful to hold such election at any time 
 thereafter, public notice being given as prescribed by this act for the 
 holding of the regular elections. 
 
 Sec. 19. Recount. The general laws of the state providing for the 
 correction of frauds and mistakes in the canvass and returns made by 
 inspectors of elections shall be enforced in this city, and the commis- 
 sion, while engaged in canvassing the returns from the various voting 
 districts of the city, shall be deemed to be the Board of City Canvassers 
 and the city clerk shall be deemed to be the clerk of such board. 
 
 13 
 
CHAPTER 7. 
 
 REPORT ELECTION EXPENSES AND OFFENSES OF 
 CITY OFFICERS. 
 
 Section 1. Report Election Expenses. Every candidate for an elec- 
 tive office shall three days before the Charter election, and every suc- 
 cessful candidate to such office shall also within ten days after election 
 and before he shall be permitted to qualify or assume the duties of the 
 office, file with the city clerk his sworn statement of all his expenses 
 and obligations incurred both at the nominating election and at the 
 municipal charter election, which statement shall also show what funds 
 were contributed and by whom contributed for such campaigns. Fail- 
 ure to file the statements above required shall be grounds for removal 
 from office and shall bar the person thus failing from being a candidate 
 for re-election at any recall election held in pursuance of the provisions 
 of this Charter. 
 
 Sec. 2. Using Official Influence. Punishment. Any officer or em- 
 ploye of the city, who by solicitation or otherwise shall use his influ- 
 ence directly or indirectly on account of his official position to induce 
 any employe of the city to adopt his political views or favor any par- 
 ticular person or candidate for office either at the primary or charter 
 election, shall be guilty of a misdemeanor, and upon conviction shall be 
 subject to a fine, not less than ten dollars, not more than one hundred 
 dollars, or by imprisonment in the county jail or city prison not less 
 than three or more than thirty days. 
 
 Sec. 3. No Interest in Contracts. No officer elected or appointed for 
 the city shall be interested directly or indirectly as principal surety or 
 otherwise in the fulfillment of any contract, job, work, claim, or service 
 in which the city is a party, or in the sale of property to the city. 
 
 Exception. This shall not be construed as prohibiting the purchasing 
 agent or other officer of the city from purchasing of, or contracting 
 with, an established business concern in which a commissioner may be 
 interested, provided that such business was established and the com- 
 missioner’s connection therewith was well known to the public at the 
 time of his election, and provided further that such purchasing and con- 
 tracting shall be done in the open market and open to all for competi- 
 tion. 
 
 Punishment. Violation of this section shall be deemed to be a mis- 
 demeanor and punishable as such, and the officer so offending shall for- 
 feit his office. 
 
 CHAPTER 8. 
 
 RECALL. 
 
 Section 1. Recall. Any holder of an elective office or anyone ap- 
 pointed to fill vacancy therein may be recalled and removed therefrom 
 by the qualified electors of the City of Marquette as provided herein. 
 
 Sec. 2. Petition. Any qualified elector of the city may make and 
 file with the city clerk an affidavit containing the name of the officer 
 
 14 
 
sought to be removed and a specific statement of the grounds for re- 
 moval. The city clerk shall thereupon deliver to the elector making 
 such affidavit a sufficient number of copies of petitions for such recall 
 and removal, printed forms of which he shall keep on hand. Such pe- 
 titions shall be issued by the city clerk, with his signature and official 
 seal thereto attached; they shall be dated and addressed to the com- 
 mission, and shall contain the name of the person to whom issued, the 
 number of forms so issued, the name of the person sought to be re- 
 moved, the office from which such removal is sought, the grounds of 
 such removal as stated in said affidavit, and shall demand the election of 
 a successor to such office, a copy of which petition shall be entered in 
 a record book to be kept in the office of the city clerk. 
 
 Any defect in said form or record shall not invalidate the same. 
 Said recall petition to be of any effect must be returned and filed with 
 said city clerk within thirty days after its issuance. 
 
 Sec. 3. 20 Per Cent Required. Said petitions, before being returned 
 and filed, shall be. signed by qualified electors equal in number to at 
 least twenty per centum of the entire vote cast for all candidates for 
 the office of mayor or commissioner for full term at the last preceding 
 general municipal election, and to each signature shall be attached his 
 place of residence, giving street and number and voting district. Such 
 signatures need not all be on one paper. A qualified elector of the 
 city shall make an affidavit thereunto that each signature appended to 
 the paper is the signature of the person whose name it purports to be. 
 All such papers for the recall of any one officer shall be fastened to- 
 gether and filed as one instrument, bearing the endorsement of the 
 names and addresses of three persons designated as filing the same. 
 
 Sec. 4. Clerk to Verify. Within ten days from the filing of said pe- 
 tition, filed within thirty days as provided in Section 1, the city clerk 
 shall ascertain by examination thereof, and of the registration books 
 and election returns, whether such petition is sufficient, and shall attach 
 thereto his certificate showing the result of such examination. 
 
 Sec. 5. If Insufficient, May Add New Names. If his certificate shows 
 the petition to be insufficient he shall within said ten days so notify in 
 writing one or more of the persons designated on the petition as filing 
 the same; additional signatures properly verified may be filed at any 
 time within ten days from the filing of the certificate. The city clerk 
 shall, within ten days after such re-filing, make like examination of 
 the additional signatures, and attach thereto his certificate of the result. 
 If still insufficient, or if no additional signatures are so filed, he shall 
 return the petition to one of the persons designated as filing it, without 
 prejudice, however, to the filing of a new petition for the same purpose. 
 
 Sec. 6. If Sufficient, Election Ordered. When the petition shall be 
 found and certified by the city clerk to be sufficient, he shall submit the 
 same with his certificate to the commission without delay, and the com- 
 mission shall, if the officer sought to be removed does not resign within 
 five days thereafter, forthwith, after said five-day period, order and fix 
 dates for holding the said election not less than forty days nor more 
 
 15 
 
than fifty days from the date of the city clerk’s certificate showing 
 that a sufficient petition is filed; provided, however, that if any other 
 municipal election is to occur within sixty days from the date of the 
 clerk’s certificate, the commission may, in its discretion, postpone the 
 holding of the removal election to the date of such other municipal 
 election. 
 
 Sec. 7. Notice of Election. The commission shall make, or cause to 
 be made, publication of notice and all arrangements for holding such 
 election; and the same shall be conducted, returned, and the result 
 thereof declared, in all respects, as are other city elections. If a va- 
 cancy occurs in said office after a removal election has been so ordered, 
 the election shall nevertheless proceed as herein provided. 
 
 Sec. 8. Incumbent May Be Candidate. Any officer sought to be re- 
 moved, if otherwise qualified, may be a candidate to succeed himself, 
 and unless he requests otherwise in writing, the city clerk shall place 
 his name on the official ballot without nomination. 
 
 Sec. 9. Conducted Same as Ordinary Elections. The nomination of 
 other candidates, the publication of notice of such removal election, and 
 the conduct, shall all be in accord with the provisions of this Charter, 
 relating to nominations and elections. 
 
 Sec. 10. Incumbent to Hold Pending Election. The incumbent shall 
 continue to perform the duties of his office until the removal election. 
 If then elected, he shall continue in office for the balance of his term. 
 If not then elected, he shall be deemed removed upon the qualification 
 of his successor, who shall hold office during the unexpired term. If 
 the successor fails to qualify within ten days after receiving notifica- 
 tion of his election, the incumbent shall nevertheless be deemed re- 
 moved and the office vacant. 
 
 Sec. 11. Must Be Three Months in Office. No recall petition shall 
 be filed against any officer until he has actually held his office for at 
 least three months. 
 
 Sec. 12. Recalled Disqualified for Two Years. Any person who has 
 been removed from an office by recall, or who has resigned from such 
 office while recall proceedings were pending against him, shall be dis- 
 qualified from holding an elective or appointive office within two years 
 after such removal or resignation. 
 
 Sec. 13. Reasons May Be Published. In the published call for the 
 election there shall be printed in not more than two hundred words 
 the reasons for demanding the recall of the officer as set forth in the 
 recall petition, and the officer may justify his course in office in said 
 published call in not more than two hundred words. 
 
 Sec. 14. The official ballot shall be in the following form: 
 
 16 
 
City of Marquette. 
 
 Special election for the balance of the unexpired term of 
 
 Official Ballot. 
 Signature. 
 
 Vote for one only. 
 Names of Candidates. 
 
 [ ] 
 
 [ ] 
 
 [ ] 
 
 City Clerk. 
 
 CHAPTER 9. 
 
 COMMISSION AND DISTRIBUTION OF POWERS. 
 
 Section 1. Commission. All the corporate powers of the City of 
 Marquette are hereby vested in a commission consisting of the mayor 
 and four commissioners elected as provided in this Charter. 
 
 Sec. 2. Powers. The commission shall have and possess, and the 
 commission and its members shall exercise, all the executive, legislative 
 and judicial powers and duties now had, possessed and exercised under 
 the Charter heretofore in force by the mayor, aldermen, common coun- 
 cil, park, cemetery and street commission, police commission, board of 
 fire and water commissioners of the City of Marquette, the light and 
 power commission of the City of Marquette, and the Peter White Public 
 Library of the City of Marquette. 
 
 Sec. 3. Further Powers, Ordinances, Etc. The commission may do 
 any act to advance the interests of the city and the good government 
 and prosperity of the municipality and its inhabitants and may enact 
 all laws and ordinances relating to its municipal concerns, subject to the 
 laws of the State of Michigan and the United States. 
 
 Sec. 4. Departments. The executive and administrative powers, 
 authority and duties shall be distributed into and among six depart- 
 ments, as follows: 
 
 Department one, Public Affairs. 
 
 Department two, Accounts and Finances. 
 
 Department three, Public Works. 
 
 Department four, Public Health and Safety. 
 
 Department five, Light and Power. 
 
 Department six, Water. 
 
 Sec. 5. Mayor. Public Affairs. The mayor shall be the executive 
 head of the city and shall have charge of the Department of Public 
 Affairs and such other duties or departments as the commission may 
 from time to fime assign to him, and shall be president of and preside 
 at all meetings of the commission, shall be entitled to vote on all ques- 
 tions, and in case of a tie vote upon any question, shall also be author- 
 ized to cast the deciding vote. 
 
 17 
 
Sec. 6. Assignment of Departments. The commission shall at its 
 first regular meeting in the month of January, after each annual elec- 
 tion, designate by a majority vote one of its members to have super- 
 vision of department two, one of department three, one of department 
 four, one of department five, and one of department six, but such desig- 
 nation may be changed from time to time whenever it shall appear to 
 the commission that the public service would be benefited thereby. 
 
 Sec. 7. Commission to Fix Duties. The commission shall determine 
 the powers and duties to be performed by each commissioner, and shall 
 prescribe the duties of employes, and may assign particular officers and 
 employes to one or more departments, and may require any of the of- 
 ficers or employes to perform duties in one or more departments, and 
 make such other rules and regulations as may be necessary for the ef- 
 ficient and economical conduct of the city. 
 
 Sec. 8. Appointive Officers. The commission shall have power to 
 appoint the following officers: City clerk, city treasurer, city assessor, 
 city attorney, health officer, and may appoint a city engineer when 
 necessary. Each commissioner assigned to a department or depart- 
 ments shall have supervision over his department or departments, or 
 questions of detail, but the general policy adopted by the several de- 
 partments above enumerated shall be decided by the commission. Each 
 commissioner of each department shall appoint his own department 
 head, subject to confirmation by a majority vote of the commission. 
 
 Sec. 9. Quorum. Three Affirmative Votes Necessary. Each member 
 of the commission shall have the right to vote on all questions before 
 it except when personally financially interested. Three members shall 
 constitute a quorum, and the affirmative vote of three members shall be 
 necessary and sufficient to adopt any motion, resolution, ordinance, or 
 to pass any measure, except when it is provided by the laws of the 
 state or in this Charter that a greater number shall be required in the 
 passage of any stated motion, resolution, or ordinance, or it is provided 
 that the same shall be referred to the electors. 
 
 Sec. 10. Journal of Minutes. The city clerk shall be the clerk of 
 the commission, and shall keep correct and accurate minutes in the 
 English language, in a printed or written journal, of every session of 
 the commission, and the same shall be printed in one daily newspaper 
 published in the city within three days after the meeting. 
 
 Sec. 11. Meetings. All meetings of the commission shall be public 
 and held in the City Hall in the City of Marquette. The commission 
 shall hold at least one regular meeting each week, and shall fix the day 
 and hour thereof, and shall adopt rules and regulations for its govern- 
 ment. 
 
 Special Meetings. Special meetings may be called at any time upon 
 the request of two or more of the members, the object of the meeting 
 being stated in the call. 
 
 Sec. 12. Resolutions in Writing. Every resolution and ordinance 
 shall be reduced to writing and read before the vote is taken thereon; 
 and before it shall be in force must be signed by the mayor or two 
 
 18 
 
commissioners and by the clerk. The signing of the minutes prescribed 
 in Section 10 of this chapter by the above officials shall be a sufficient 
 signing. 
 
 Ayes and Nays — All votes shall be by a call of the “ayes” and 
 “nays”, and the names of the persons voting shall be entered on the 
 record. 
 
 Sec. 13. Inspection of Records. The records and books of the com- 
 mission, and all contracts, licenses, franchises and other documents per- 
 taining to the business of the city and the transactions of the commis- 
 sion, shall during all office hours be open to inspection by any elector 
 or taxpayer of the City of Marquette, in person or by representative. 
 
 Sec. 14. Mayor and Clerk to Sign. All bonds, contracts, warrants, 
 and evidence of indebtedness, authorized by the commission, shall be 
 signed by the mayor and clerk. 
 
 Sec. 15. Supervisory Powers of Commission. The commission shall 
 have control and supervision over all of the departments of the city, 
 and to that end shall have power to make and enforce such rules and 
 regulations as to it may seem fit and proper for and concerning the or- 
 ganization, management and operation of all the departments of the 
 city, and shall have power by the affirmative vote of four of its mem- 
 bers to effect the consolidation of all the departments of said city. It 
 shall have power to create such office or offices as it may deem necessary 
 for a prudent and successful administration of the affairs of the city, 
 and to fix the salaries of the persons appointed thereto. And it shall 
 have power at any time to abolish any such office and to terminate the 
 official duties and relations of the person occupying the same. The com- 
 mission shall determine from time to time by ordinance which of such 
 appointees shall hold office during the pleasure of the commission, and 
 which shall hold for a definite term; provided, however, that no definite 
 term shall exceed three years. 
 
 Sec. 16. Examination of Books, Etc. — The commission shall employ 
 for a stipulated compensation at the close of each fiscal year a certified 
 accountant, who shall examine the books, records and reports of all 
 officers and employes who receive or disburse city moneys, compare the 
 tax roll for summer and winter taxes with the amount of the warrant 
 and amount collected and amount returned unpaid. Such accountant 
 shall file his report with the clerk, which report shall be kept for public 
 inspection. 
 
 Said accountant shall recommend ways and means to improve the 
 method of keeping the books, records and accounts of the city, if he shall 
 find that improvement can be had, and the same shall be referred to the 
 Department of Accounts and Finances. The commission shall provide 
 for a system of accounts which shall conform to any uniform system 
 required by law. 
 
 Such accountant shall have unlimited privilege of investigation, and 
 to examine, under oath or otherwise, all officers, clerks and employes 
 of the city, and any other person he may deem necessary; and every 
 such officer, clerk and employe shall give all required assistance and in- 
 
 19 
 
formation to said accountant and submit to him for examination such 
 books and papers of his office or over which he may have control as 
 may be requested, and failure to do so shall be deemed and held to be 
 a forfeiture of his office. 
 
 The commission shall provide for the payment of the services of said 
 accountant. 
 
 Sec. 17. No Veto Power. The mayor shall have no veto power over 
 the acts of the commission. 
 
 Sec. 18. Mayor Pro Tem. The commission shall, at its first regular 
 meeting in the month of January in each year, elect by ballot by a ma- 
 jority vote of all the members thereof, one of the commissioners to act 
 as mayor pro tem, and the commissioner so chosen shall be invested 
 with all the powers and shall perform all the duties of mayor during 
 the mayor’s absence or disability. 
 
 Sec. 19. Other Duties of Mayor. The mayor shall exercise such 
 other powers and perform such other duties as may be prescribed by 
 the laws of the state, or by this Charter, or by order of the commission. 
 
 Sec. 20. Department of Public Affairs. The Department of Public 
 Affairs shall be under the superintendence of the mayor. It shall in- 
 clude all legal matters, all work of the city attorney and city clerk, and 
 such other duties as are prescribed in this Charter or may be prescribed 
 by the commission. 
 
 Sec. 21. Department of Accounts and Finances. The Department of 
 Accounts and Finances shall include the city treasurer’s office and work, 
 the city assessor’s office and work, the collection of fines, licenses, elec- 
 tric light and water rates, and any other rates or charges for public 
 utilities, and shall have charge of the settlement with the clerk, treas- 
 urer, justices of the peace, constables, and all other persons holding or 
 handling city moneys. 
 
 Sec. 22. Report Account to Be Raised by Taxes. The several de- 
 partments shall annually, and at least twenty days before the time 
 fixed for the commission to designate the amount to be raised by taxes 
 for the current year, report in detail to the Department of Accounts 
 and Finances the amount that each, in his opinion, will require to per- 
 form its work for the ensuing year. 
 
 Sec. 23. Fix Tax Levy. The Department of Accounts and Finances 
 shall thereafter, and as soon as may be and before the second regular 
 meeting of the commission in the month of March in each year, report 
 in detail to the commission the amount that, in its opinion, shall be 
 raised by taxation the current year for the carrying on of the several 
 departments and for all other purposes, and at its fourth regular meet- 
 ing in the month of March in each year the commission shall fix the 
 amount to be raised by taxation. 
 
 Sec. 24. Department of Public Health and Safety. The Department 
 of Public Health and Safety shall include the police department, fire 
 department, health department, markets, pounds, harbors, playgrounds, 
 and fire wardens, and the inspection of plumbing, electrical wiring, ele- 
 vators, fire escapes and buildings. 
 
 20 
 
Sec. 25. Department of Public Works. The Department of Public 
 Works shall include all construction work, care for streets, alleys, side 
 and crosswalks, bridges, sewers, conduits, culverts, paving, grading, 
 opening up of streets and street cleaning, parks, park structures and 
 cemeteries. 
 
 Sec. 26. Department of Light and Power. The Department of Light 
 and Power shall include the care and management of all property of 
 every description now owned, operated or controlled by the city through 
 the present Light and Power Commission, and all that may be hereafter 
 acquired, and shall have the management of the business of generation, 
 distribution and sale of electric current and electrical supplies. 
 
 Sec. 27. Department of Water. The Department of Water shall in- 
 clude the care and management of the present pumping station and all 
 existing water mains, mains now under construction or that may be 
 hereafter constructed, and all other property of every description now 
 controlled by the Board of Fire and Water Commissioners, and shall 
 have the management of the business of pumping, distributing and 
 delivering of water as needed by the inhabitants, ' industries and the 
 other departments of the city. 
 
 Sec. 28. Execution of Commission’s Orders. Each commissioner hav- 
 ing supervision of a department of the city shall carry out and execute 
 the orders of the commission in all matters pertaining to his depart- 
 ment, and all expenditures, and itemized bills of the same, shall, before 
 being audited and paid by the commission, be 0. K.’d by the commis- 
 sioner in charge, with his signature, and also be 0. K.’d by the official 
 under whom the work was actually performed or material furnished. 
 The “O. K.” shall constitute and be a certificate that the bill is an actual 
 and true claim against the city. 
 
 CHAPTER 10. 
 
 POWERS AND DUTIES OF THE COMMISSION. 
 
 Section h Impose Fines. Where, by the provisions of this Charter, 
 the commission shall have authority to pass ordinances on any subject, 
 it may prescribe as punishment for the violation thereof, fines, penalties, 
 or forfeitures not exceeding five hundred dollars, or imprisonment not 
 to exceed ninety days in the county jail or the city prison, or in any 
 workhouse in the state authorized to receive prisoners from the City 
 of Marquette, or both said fine and imprisonment, at the discretion of 
 the, court, and provide that the offender or offenders, on failure to pay 
 the fines, penalties or forfeitures imposed within the time fixed there- 
 for, shall be imprisoned in the jail, prison or workhouse above men- 
 tioned until the payment thereof, for any term not exceeding ninety 
 days. Said fines, penalties and forfeitures may be sued for and re- 
 covered with costs in the name of the City of Marquette, which said 
 suit may be commenced on making and filing a complaint on oath by 
 warrant in any court of said city having jurisdiction. Prosecutions 
 of offenses under this Charter, or for the violation of any provision of 
 
 21 
 
any ordinance, shall be criminal in their character, may be conducted 
 in any court of competent jurisdiction, and shall be governed by the 
 general laws of the state relating to criminal trials. 
 
 Sec. 2. Same Duties as Township Boards. The commission of said 
 city is hereby authorized and required to perform the same duties in 
 and for said city as are by law imposed upon the township boards of 
 the several townships of this state in reference to state, county, and 
 school taxes, state, congressional, judicial, district and county elections, 
 and the support of the poor, except as is otherwise provided in this 
 Charter. 
 
 Sec. 3. Control of All Property and of Finances. The commission, 
 in addition to the powers and duties especially conferred on it in this 
 Charter, shall have the management and control of the finances, rights 
 and interest, buildings and grounds, waterworks and supply, sewers, 
 parks, playgrounds, care of trees, gas and electric plants, conduits, and 
 all property, real and personal, now or hereafter belonging to the city, 
 situated within or without the city, and may make such ordinances and 
 by-laws relating to the same as it shall deem necessary and proper; 
 and, further, it shall have power to enact, make, continue, establish, 
 modify, amend and repeal such ordinances, by-laws and regulations as 
 it shall deem desirable within said city, for the following purposes: 
 
 1st. Preserve the Peace. To prevent vice and immorality; to pre- 
 serve the public peace and good order; to direct and control the police 
 of the city; to prohibit, prevent and quell riots, disturbances, disorderly 
 noises or assemblages in the street or elsewhere in said city. 
 
 2nd. Suppress Disorderly Houses. To prohibit, prevent and restrain 
 disorderly and gaming houses; to destroy all instruments and devices 
 used for gaming, and to prohibit all gaming and fraudulent devices, and 
 regulate and restrain billiard and pool tables and bowling alleys. 
 
 3rd. Prohibit Gaming. To prohibit, restrain or prevent persons 
 from gaming for money or other valuable things with cards, dice, bil- 
 liards, nine or ten pin alleys, tables, ball alleys, wheels of fortune, boxes, 
 ^machines or any other instrument or device whatsoever, in any hotel, 
 saloon, store, shop or in any other place or grounds in said city; to 
 punish the persons keeping the buildings, place, instruments, devices, 
 or means for such gaming, and to provide for the destruction of the 
 same. 
 
 4th. Lotteries. To prohibit, prevent and suppress all lotteries for 
 drawing or disposing of money, property or valuable things whatsoever, 
 and to punish all persons maintaining, directing or managing the same, 
 or aiding in the maintenance, direction or management thereof. 
 
 5th. Sale of Liquor. To forbid and prevent the vending or other 
 disposition of liquor and intoxicating drinks in violation of the laws of 
 this state, and to forbid the selling or giving to be drank of any intox- 
 icating liquors to any minor, drunkard or posted person. 
 
 6th. Abate Nuisances. To prohibit, prevent, abate or remove nuis- 
 ances of every kind, and to declare what shall be considered nuisances, 
 and to compel the occupant or owner of any store, restaurant, saloon, 
 
 22 
 
meat market, fish stall, butcher shop, slaughter house, factory, tannery, 
 stable, privy, hog pen, sewer or any other offensive or unwholesome 
 house or place, to cleanse, remove or abate the same from time to time, 
 as often as it may deem necessary for the health, comfort and con- 
 venience of said city, and may forbid and prevent the keeping of swine 
 within the city limits. 
 
 7th. Slaughter Houses. Explosives. To direct and regulate the lo- 
 cation of slaughter houses, and make rules for their care, or may for- 
 bid and prevent the location of any slaughter house or the slaughtering 
 of animals within the city limits; to direct the location and regulate 
 or forbid the storing of gunpowder, gasoline, or other combustible or 
 explosive substances, and limit the amount that may be stored, and 
 regulate and designate the method of storing and handling the same; 
 also to make regulations concerning the buying, caring, selling, keeping 
 and using gunpowder, firecrackers or fireworks, or other combustible, 
 explosive or dangerous articles, and the exhibition of fireworks, and the 
 discharge of cannon or firearms, and the use and kind of lights or lamps 
 to be used in barns, stables, and all buildings, cellars and establishments 
 usually regarded as extra hazardous in respect to fire, and to regulate, 
 restrain or prevent the making of bonfires in streets, lanes, aMeys, yards 
 or public places. 
 
 8th. Cumbering Streets. Obstruction to Rivers. Awnings. Use of 
 Streets and Grades. Free Flow of Streams. Injury to Pipes, Etc. To 
 prevent the cumbering of streets, sidewalks, crosswalks, lanes, alleys, 
 bridges, in any manner whatever, and to forthwith remove any obstruc- 
 tions therefrom; to regulate or prevent the exhibition of signs on can- 
 vass or billboards or otherwise, in or upon any vehicle, standing or 
 traveling upon the streets of said city, or held or carried by any person; 
 to control, prescribe or regulate the mode of constructing or suspending 
 awnings and the exhibition and suspension of signs, and may require 
 bonds to be given by the owner to indemnify the city from all damage 
 caused by the same, and it may prevent and forbid the erection thereof 
 beyond the street line; to control and prescribe and regulate the public 
 uses to which streets, avenues, alleys, public grounds and spaces within 
 said city shall be put, and establish the grades thereof; to control all 
 streams and water courses within the limits of the City of Marquette; 
 prevent encroachments upon the same, or the free flow of water, or the 
 pollution thereof, and remove forthwith all obstructions caused by any 
 person or persons or any corporation. The expense of removal shall be 
 a debt of the person or corporation making the same, and collected as 
 any other debt; to preserve and protect the purity of the waters in 
 Lake Superior and any and all streams, waters or places from which the 
 water supply may or shall at any time hereafter be obtained; to pro- 
 vide for the preservation of and the prevention of injury to waterworks, 
 water pipes, sewers, conduits, fire alarm apparatus, pavements, side- 
 walks, crosswalks, streets, alleys, avenues, electric light plant and its 
 lamps and wires, .gas works and pipes that may be owned by the city; 
 
 23 
 
to provide for the planting of trees, and provide for their care, protection 
 and preservation in public parks and on streets. 
 
 9th. Horses. Automobiles. Speed Limit. Passing Street Cars. To 
 require that any horse, mule or other animal, standing in any street, 
 alley or public place or grounds in the city to be securely fastened, held 
 or watched; to prohibit the standing of any automobile, wagon or other 
 vehicle, or the hitching or standing of any horse, mule, or any other 
 animal in such streets or parts of streets, or in such public places as the 
 commission may prescribe; to prevent and punish horse racing and driv- 
 ing or riding at a speed faster than prescribed by the commission, in 
 any street, avenue or alley, and the commission is authorized to fix and 
 declare the speed limit for any street, avenue or alley that shall not be 
 exceeded by any street car, automobile, bicycle, motorcycle, horses, 
 mules or any vehicle, and may authorize the stopping, detaining and 
 punishment of any person who shall be guilty of violating the same, and 
 make regulations governing the crossing of streets at intersection of 
 streets by automobiles, motorcycles, bicycles, horses, mules, carriages, 
 - — wagons, omnibuses, hacks, or any other vehicle, and fix the penalties 
 for the violation thereof; and may regulate and forbid the passing of 
 street cars while taking on or unloading passengers by automobiles, 
 motorcycles, bicycles, horses, mules, carriages, wagons, omnibuses, hacks 
 or any other vehicle; may authorize the stopping and detaining and 
 punishment of any person who shall be guilty of violating the same, 
 and make any other rules and regulations regarding the use of the 
 streets, deemed by it (the commission) necessary for the safety of 
 persons using the same. 
 
 10th. Street Railroad. Speed of Trains. Flagmen at Crossing. 
 Cross Streets. Remove Tracks Put Down Without Authority. To de- 
 termine and designate the route and grade of any railroad to be laid 
 or constructed in said city, and to regulate the use and speed of locomo- 
 tives, engines, motors and cars upon the railroads within said city, and 
 to compel the railroad companies to station flagmen at street crossings 
 Und to prescribe the length of time that engines or cars may stand across 
 streets, or otherwise obstruct them, or to prohibit the same; to author- 
 ize railway companies to cross streets upon obtaining the affirmative 
 vote of four commissioners, and until authority is given, the crossing of 
 streets, alleys and parks, except where now occupied, is forbidden, and 
 the mayor and also the commission are authorized to use the police 
 power, and in case the same shall be crossed without permission first 
 obtained, then it shall be the duty of the mayor and also the commis- 
 sion to cause the immediate removal of any track, siding or construc- 
 tion put down by aiiy railroad or any person across any street, alley or 
 park. The expense of removal shall be a debt of the company or per- 
 son or persons causing the same to be put down, to said city, and col- 
 lected as any other debt, and the commission can make all such other 
 rules and regulations as they deem necessary concerning the streets, 
 alleys and parks, to secure the safety of the citizens and other persons. 
 
 11th. Vagrants, Etc. Selling Liquor to Posted Persons. To re- 
 
 24 
 
strain and punish drunkards, vagrants, mendicants, and street beggars 
 soliciting alms or subscriptions for any purpose whatever, and to re- 
 strain and prevent any person from knowingly purchasing or obtaining 
 any spirituous, malt, brewed, fermented or vinous liquors, or any bev- 
 erage, liquor or liquids containing any spirituous, malt, brewed, fer- 
 mented or vinous liquors, at any drug store, saloon, hotel, tavern or 
 other place where spirituous, malt, brewed, fermented or vinous liquors 
 are sold or kept for sale, when the proprietor, clerk or agent of said 
 drug store, saloon, hotel, tavern or other place where such liquors are 
 sold or kept for sale has been forbidden, in writing, by the husband, 
 wife, parent, child, or guardian of such person, or the assessor, mayor, 
 superintendent of the poor of the county of Marquette, or by the chief 
 of police, to furnish such, person any spirituous, malt, brewed, fermented 
 or vinous liquors or liquids. 
 
 12. Bathing. Obstruction in Water Courses. To regulate or prohibit 
 bathing in any public water, to provide public places for bathing and 
 regulate the use of the same; to provide for clearing of rivers, ponds 
 and streams in said city, of all obstructions, and to forbid the placing 
 of any obstructions in the bed of the river, and to prohibit and prevent 
 the depositing therein of any filth or other matter tending to render the 
 waters thereof impure, unwholesome and offensive, or drawing the water 
 therefrom at such times and to such an extent as to make localities 
 near them unhealthy, or to cause the atmosphere in their vicinity to be 
 unwholesome or offensive. 
 
 13th. Animals Running at Large. To prevent the running at large 
 of horses, cattle, swine and other animals, geese and poultry, and to 
 authorize the impounding and sale of the same for the penalty in- 
 curred, and the cost of keeping and impounding. 
 
 14th. Dogs. To prohibit and prevent the running at large of dogs, 
 to require them to be muzzled, and to authorize their being killed when 
 running at large in violation of any ordinance of the commission, and 
 to prohibit any person from placing, exposing or administering any 
 poison to any dog or other animal not his own, and to punish such per- 
 son for so doing. 
 
 15th. Offensive and Decayed Matter. To prohibit any person from 
 bringing into or depositing in said city any dead carcass unfit for food 
 or any other unwholesome or offensive substances, or having on his 
 premises any such substances, or any putrid meats, fish, hides, skins, 
 eggs, vegetables or any other decayed matter, and to require the removal 
 or destruction of same, and on neglect or refusal so to do, the same may 
 be removed by any officer of the city, and the expense of removal shall 
 become a debt to the city to be paid by the person so offending, and col- 
 lected as any other debt due the city. Provided, however, that if the 
 removal be made by an officer of the city, it shall not in any manner 
 effect any liability prescribed under the ordinances made for the offense. 
 
 16th. Snow and Ice. To compel all persons to keep sidewalks in 
 front of or adjoining premises owned or occupied by them clear from 
 snow, ice, dirt, wood or obstructions; provided, however, the commission 
 
 25 
 
may remove snow and ice from the street and sidewalks at the expense 
 of the city. But the city shall never be liable for any damage sustained 
 by any person in consequence of the neglect of any person to keep any 
 such sidewalk clear from snow, ice, dirt, wood and other obstructions. 
 
 17th. Building Line. To regulate and establish the line upon which 
 buildings may be erected upon any street, land or alley in said city, 
 and to compel such buildings to be erected upon such line, by imposing 
 a fine upon the owner thereof, not exceeding five hundred dollars for 
 each offense. 
 
 18th. Graveyards. To regulate all graveyards in the city and burial 
 of the dead. 
 
 19th. Market Places. To build markets, market places, and rent the 
 same; to regulate markets, the vending of hay, wood, meats, vegetables, 
 fruit, fish, grain and provisions of all kinds, and of other goods or prop- 
 erty in the streets, lanes, alleys or public places in said city, and to 
 prescribe the places for selling the same. 
 
 20th. Public Lighting. To regulate the lighting of streets, alleys 
 and public places, and the protection and safety of the public lamps and 
 lighting apparatus and appurtenances. 
 
 21st. Duties of Employes. To prescribe the duties of all officers and 
 employes of the city and fix their compensation, and fix the penalty or 
 penalties for failure to perform such duties, and to prescribe the bonds 
 and sureties to be given by the officers and employes of the city for the 
 discharging of their duties and fix the amount thereof and the time for 
 executing the same. The penalty and amount of bond required can be 
 changed by the commission, when it shall deem it to the interest of the 
 city. 
 
 22nd. Drain Premises. To fill up, level or drain any lot or premises 
 whenever the commission shall deem it necessary, and to assess the 
 cost and expenses thereof, including the cost of any necessary storm 
 sewer on the said lot or premises, or on the district to be benefited 
 thereby, in the same manner as other special assessments may be made, 
 enforced and collected. 
 
 23rd. Public Grounds. To provide for public parks, public play- 
 grounds, squares and swimming places, either within or without said 
 city, and to take and hold real estate, both within and without the 
 limits of said city, for that purpose, to make grade, improve and adorn 
 the same, and to control and regulate the same. 
 
 24th. Poles, Conduits, Etc. Place Under Ground. To provide for the 
 erection of public lights and necessary apparatus, to regulate and con- 
 trol the erection and maintenance, within the streets of said city, of 
 conduits, poles and wires for telegraph, telephone and electric and gas 
 lights, and forbid the erection and maintenance of poles on any or all 
 streets, and compel the placing of telegraph and telephone and other 
 wires under ground in such streets as may be designated by the com- 
 mission, and fix a penalty for failure to comply with the order of the 
 commission. 
 
 25th. Obscene Matter. To prohibit and prevent in the streets and 
 
 26 
 
elsewhere in said city any lewd and lascivious behavior or indecent ex- 
 posure of person, the show, sale or exhibition for sale of any indecent 
 or obscene pictures, drawings, engravings, paintings, books or devices, 
 or any written or printed paper or other thing containing obscene, scur- 
 rilous, scandalous, libelous or defamatory matter, and of indecent or 
 obscene exhibitions and shows of any kind. 
 
 27th. Bridges, Sewers, Etc. To establish, construct, maintain, re- 
 pair, enlarge and discontinue within the streets, avenues, lanes, alleys 
 and public places of said city, such bridges, culverts, sewers, drains and 
 lateral drains and sewers as the commission may see fit; to compel the 
 owners or occupants of all occupied lots, premises and sub-divisions 
 thereof within said city to construct private drains and sewers there- 
 from, to connect with the public sewer or drain; said private drains 
 and sewers shall be constructed in such manner and of such form and 
 dimensions, and under such regulations, as the commission shall pre- 
 scribe. 
 
 28th. Establish Boundaries of Streets. To survey and establish the 
 boundaries of the city, and all streets, avenues, lanes, alleys, public 
 parks, grounds, squares and spaces in said city; to prevent and forth- 
 with remove all incumbrances and encroachments upon the same by 
 buildings, fences, or in any other manner, the expense of the same to be 
 paid to the city by the owner, and assessed as a lien against the prop- 
 erty; to number the buildings, and to assess the expense of such num- 
 bering to the owner or occupant and collect the same. 
 
 29th. Public Health. To provide for the preservation of the general 
 health of the inhabitants of said city; to make regulations to secure 
 the same; to prevent the introduction or spreading of contagious or 
 infectious diseases; to prevent and suppress the causes of diseases gen- 
 erally; to establish a board of health, and prescribe and regulate its 
 powers and duties; and the commission shall from time to time adopt 
 such ordinances, rules and regulations as shall fully carry out the mat- 
 ters referred to in this section and protect the health of the people of 
 the city as provided in this and other sections of this Charter. 
 
 30th. Houses of 111 Fame. To prohibit, prevent and suppress dis- 
 orderly houses, the keeping of houses of ill fame or assignation, or for 
 the resort of common prostitutes; to restrain, suppress and punish the 
 keepers thereof and the persons found therein; to punish common pros- 
 titues, vagrants, and drunken and disorderly persons; to prohibit, pre- 
 vent and suppress mock auctions and every kind of fraudulent game, 
 device or practice, and to punish all persons managing, using, practicing 
 or attempting to manage, use, or practice the same, and all persons 
 aiding in the management, use and practice thereof. 
 
 31st. Unwholesome Food. To prohibit, prevent and suppress the 
 sale of every kind of unsound, nauseous or unwholesome meat, poultry, 
 fish, vegetables or other articles of food and provisions, and to punish 
 all persons who shall knowlingly sell the same or offer or keep the same 
 for sale. 
 
 32nd. Disturbance of Meetings. To prevent the disturbance of any 
 
 27 
 
religious congregation or any other public meeting assembled for any 
 lawful purpose. 
 
 33rd. Cesspools, Etc. To direct and regulate the construction of 
 cellars, slops, barns, private drains, private sewer pipes and fixtures, and 
 cesspools, sinks and privies; to compel the owner or occupant to fill up, 
 remove, drain, cleanse, alter, relay or repair the same. 
 
 34th. Storing of Explosive Substances and Obnoxious Matter. Ex- 
 tra Hazardous Buildings. To prohibit and prevent within certain limits 
 or districts in said city, to be determined by the commission, the loca- 
 tion and construction of buildings for storing gunpowder, powder fac- 
 tories, tanneries, distilleries, buildings for the manufacture of turpen- 
 tine, camphene and dangerous or explosive substances, slaughter 
 houses and yards, butchering shops, soap, candle, starch and glue fac- 
 tories, establishments for steaming or rendering lard, tallow, offal and 
 such other substances as can be rendered in tallow, lard or oil, and all 
 establishments where any nauseous, offensive or unwholesome business 
 may be carried on, and such buildings, factories, shops and establish- 
 ments as aforesaid, now or hereafter to be constructed in said city, to- 
 gether with blacksmith shops, foundaries, cooper shops, steam boiler 
 factories, carpenter shops, planing establishments, breweries, and all 
 buildings or establishments usually regarded as extra hazardous in re- 
 spect to fire, shall be subject to such regulations in relation to their 
 construction and management as the commission may make with a view 
 to the protection from injury by fire or for the preservation of the 
 health and safety of the inhabitants of said city, and to prevent them 
 from becoming in any way nuisances. 
 
 35th. Fire Limits. To prescribe, from time to time, limits or dis- 
 tricts within said city, within which wooden buildings and structures 
 shall not be erected, placed or enlarged, and to direct the manner of 
 constructing and repairing buildings within such limits or districts and 
 the material of which the outer walls and roofs shall be constructed 
 and repaired with respect to protection against fire; to prohibit and pre- 
 vent the removal of wooden or frame buildings from any place without 
 or within such limit to any lot or place within such limits or districts. 
 
 36th. Fire Limits. To regulate or prohibit within such limits or 
 districts the location of shops, the prosecution of any trade or business, 
 the keeping of lumber yards, the erection of gas works, and the storing 
 of lumber, wood or other easily inflammable material, when in the 
 opinion of the commission the danger from fire is increased, and every 
 building or structure which may be erected, placed, or enlarged or kept 
 in violation of any ordinance or regulation of the commission made for 
 the prevention of fire, is hereby declared to be a nuisance and may be 
 abated or removed by direction of the commission. 
 
 37th. Division Walls, Fences, Etc. Fire Hazard. Enter Buildings. 
 To regulate the construction of division or partition fences, and of par- 
 tition and parapet walls, the walls of buildings and their thickness; to 
 regulate the construction of buildings, chimneys, hearths, fire-places, 
 fire arches, ovens, and the putting up of stoves, stovepipes, kettles, boil- 
 
 28 
 
ers, or any structure or apparatus that may be dangerous in causing 
 or promoting fires or the safety of the building; to prevent the burning 
 out of chimneys and chimney flues; to compel and regulate the cleaning 
 thereof and to fix the fees therefor; to compel and regulate the con- 
 struction of ash houses, or depositories for ashes; to compel the owners 
 of houses and other buildings to have scuttles in the roofs thereof, and 
 steps or ladders leading to the same; to authorize and empower officers 
 to enter into all buildings and enclosures to discover whether the same 
 are in a dangerous state, or have hazardous material stored therein, and 
 to cause such as are in a dangerous or hazardous state to be put in a 
 safe condition, and to punish any person for neglecting or refusing so 
 to do; to compel all persons to aid in the extinguishment of fires and 
 preservation of property, and to authorize any of the officers of the city 
 to keep idle or suspicious persons away from the vicinity of fires. 
 
 38th. Fire Department. To establish, regulate and maintain a fire 
 department, and make rules and regulations for its government, and by 
 ordinance shall prescribe rules and regulations deemed by it necessary 
 for the prevention of fires. 
 
 39th. Regulate Pawnbrokers, Auctioneers, Etc. License Circuses 
 and Shows. Parades on Streets. Hotels. Territory in Which Liquor 
 May Be Sold. To license and regulate or restrict or prevent hawking 
 and peddling in the streets, lanes, alleys, and public places in the city, 
 and may prescribe rules to govern and may license and regulate pawn- 
 brokers and auctioneers, salesmen soliciting trade at retail by samples, 
 solicitors of passengers or baggage for the benefit of any hotel, tavern, 
 public house, private house, railroad or other place, also draymen and 
 their drays, cartmen and their carts, trunkmen, porters, runners, cabs 
 and their drivers; hackney, taxicab, carriages and automobiles and their 
 drivers; omnibuses, carriages, sleighs, express vehicles, and vehicles of 
 every description used and employed for hire; scavengers, chimney 
 sweeps, and bill posters, and fix their fees and rates of compensation, 
 and the fees to be paid by them into the city treasury for licenses; 
 prevent or license and regulate the public exhibition by persons or com- 
 panies of natural or artificial curiosities, caravans, circuses, menageries, 
 theatrical representations, concerts, musical entertainments, exhibitions 
 of common show men and shows of any kind or parades of the same 
 in the city streets; and may license and regulate halls, opera houses, 
 rinks, and other places of public amusement, and may also regulate the 
 keeping of hotels, taverns, and other public houses, groceries, ordinaries, 
 saloons, and victualing and other houses or places of furnishing meals, 
 food or drink; and may license, regulate, or suppress hucksters, and 
 may regulate the keepers of shops, stalls, booths or stands at markets 
 or any other place in said city for the sale of any kind of meats, fish, 
 poultry, vegetables, food, or provisions, and may regulate, prescribe and 
 restrict the territory within and the streets upon which saloons where 
 intoxicating liquors are sold, shall be located. 
 
 40th. Census. To provide for taking a census of the inhabitants of 
 the city whenever the commission may see fit, and to direct and regulate 
 the same. 
 
 29 
 
41st. Employment of Prisoners. To provide for the employment of 
 all persons confined for the non-payment of any fine, penalty, for- 
 feiture or costs, or for any offense under this Charter, or any ordinance 
 of the common council heretofore made, or by the commission hereafter 
 made, in the jail of Marquette county, or in any city prison, at work 
 or labor, either within or without the said city, or upon the streets, 
 lanes, alleys or public grounds of said city, or on any public work under 
 the control of the commission; to allow any person so confined for the 
 non-payment of any fine, penalty, forfeiture or cost, to pay and dis- 
 charge the same by such work or labor, and to fix the value and rates 
 of such work and labor. 
 
 42nd. Revoke Licenses. To authorize the granting, issuing and re- 
 voking of licenses in all cases where licenses may be granted and issued 
 under this Charter and the ordinances of the commission; to direct the 
 manner of issuing and registering the same, and by what officer they 
 shall be issued or revoked, and to prescribe the amount of money to be 
 paid therefor to the city treasurer; but no license shall be granted for 
 more than one year. 
 
 43rd. Printing. To provide for-printing and publishing all matter 
 required to be printed and published under this Charter, or by order of 
 the commission, in such manner as the commission may prescribe. 
 
 44th. The commission shall have power by the affirmative vote of 
 four or more members of the commission, unless otherwise limited in 
 this Charter, to purchase and hold real estate for the use of said city, 
 for waterworks, water supply, sewerage, swimming pools, playgrounds, 
 electric power plants, gas plants, or other public utility plants, hospitals, 
 park or cemetery purposes, either within or without the corporate limits 
 of said city, and to have and exercise the same power and control over 
 the same as though the same were within the city limits of said city; 
 and the commission may by unanimous vote sell real estate belonging to 
 the city when same comes into disuse or is not required for city purposes, 
 when not restricted by the general laws of the State of Michigan. 
 
 45th. Prohibit in Certain Cases. To prohibit all practices, amuse- 
 ments and doings in said streets, lanes, alleys, public places, parks and 
 grounds, having a tendency to frighten teams and horses or dangerous to 
 life, limb or property; to remove or cause to be removed therefrom all 
 walls and structures that may be liable to fall so as to endanger life, 
 limb or property. 
 
 46th. Sale of Goods. To prohibit, restrain or regulate the sale of all 
 goods, wares and personal property at auction, except in cases of sales 
 authorized by law, and to fix the license fee to be paid by auctioneers 
 and of the owner of the property being sold. 
 
 47th. Drains Under Railroads. To compel all railroad and railway 
 and street car lines within said city to construct and maintain all street 
 crossings, drains, culverts and sewers upon and across their right-of- 
 way, tracks and grounds, and of sufficient capacity to care for the water 
 that is or may be retarded in its flow to the outlets, and to compel them 
 to pay for the cost of the same; and to construct and maintain of the 
 
 30 
 
material designated by the Department of Public Works, street crossings 
 over and across their tracks, whenever streets cross the same. 
 
 48th. Burning of Coal, Etc. To regulate the burning of coal, petro- 
 leum, and other kinds of fuel within the limits of said city, in such man- 
 ner, by means of smoke consumers or otherwise, as to decrease the 
 amount of smoke or prevent the smoke therefrom becoming .a nuisance 
 or offense to the inhabitants of said city. 
 
 49th. Minors. To prohibit minors from being abroad at night, ex- 
 cept by permission of their parents or guardians. 
 
 50th. Cigarettes, Etc. To prohibit the sale of cigarettes and tobacco 
 to minors contrary to the laws of this state. 
 
 51st. Minors in Certain Places. To prohibit and prevent minors 
 from frequenting or remaining in or about any saloon or other place 
 where spirituous and intoxicating liquors are sold, or in any billiard 
 room, bowling alley, or other place where games of skill or chance, or 
 partly of skill and partly of chance, are being played, or in any place 
 where any form of gaming is carried on. 
 
 52nd. Purity of Milk. The commission shall provide for and regu- 
 late the sale of milk and provide for the purity of the milk supply and 
 the inspection of milk, meat, poultry, fish and other foodstuffs and sup- 
 plies. 
 
 53rd. Hospitals and Public Health. To provide for the health of the 
 inhabitants of the city, make regulations to secure the same and pre- 
 vent the introduction or spreading of contagious or infectious diseases; 
 establish one or more contagipus or infectious disease hospitals, and 
 may compel persons sick with infectious or contagious diseases to be 
 confined and treated in such hospitals. 
 
 54th. The commission may by ordinances provide for the things re- 
 ferred to herein, and may also provide penalties for the violation of any 
 such ordinances, by-laws or regulations. 
 
 Sec. 4. Weights and Measures. The commission shall also provide 
 by ordinance for the inspection, testing, and sealing of all scales, 
 weights, meters and measures, and the inspection and testing the qual- 
 ity of gas used in the city, and may prescribe the fees of such inspection 
 and testing; may fix the penalties for using scales, weights, meters and 
 measures without such testing and sealing, or refusing to have the 
 same tested and sealed, as provided by said ordinance, or for furnishing 
 gas not up to the standard or as represented. 
 
 The inspection above provided for shall be under the Department of 
 Public Health and Safety, acting through the police department. The 
 department may detail a policeman or make it the duty of all police- 
 men to make inspections as provided above at such time or times and 
 in the manner provided by ordinance. The commission shall provide 
 the department the necessary test scales, measures and apparatus to 
 make tests and inspections. 
 
 Sec. 5. Employ Experts. The commission may employ experts to 
 inspect and test and aid the police department in making tests of the 
 gas, electric lights, meters, scales, weights and measures as often and 
 
 31 
 
at such times as the Department of Public Health and Safety may re- 
 quest, or whenever it deems the same necessary for the protection of the 
 citizens and in aid of the police department. 
 
 Sec. 6. Punishment. The commission is also authorized to enact an 
 ordinance to punish any person using false scale, weight, meters or 
 measure, or selling any commodity of less weight or measure than that 
 ordered, or any gas light of a quality not of the well-established stand- 
 ard or quality, or what it is represented to be by the seller. 
 
 CHAPTER 11. 
 
 INITIATIVE AND REFERENDUM. 
 
 Section 1. Initiative. Any proposed ordinance may be submitted to 
 the commission by petition signed by qualified electors of the city and 
 filed with the clerk. 
 
 Sec. 2. Petition of 20 Per Cent Special Election. Upon the filing of 
 a petition accompanying a proposed ordinance, purporting to be signed 
 by qualified electors equal in number to at least twenty per centum of 
 the entire vote cast for all candidates for mayor or for commissioner 
 for full term at the last preceding election, and containing a request 
 that said proposed ordinance be submitted to a vote of the people, the 
 city clerk shall within five days ascertain and certify its number of 
 qualified signers. If such certificate shows the required number of 
 such signers, the commission shall within twenty days thereafter, either 
 
 (a) Pass said ordinance without alteration, subject to the referen- 
 dum of this Charter, or 
 
 (b) Call a special election, to be held within thirty days, unless a 
 general or special municipal election is to be held within ninety days 
 thereafter, and at such election said proposed ordinance shall be sub- 
 mitted without alteration to the vote of the qualified electors of the 
 city. 
 
 Sec. 3. Petition of 5 Per Cent General Election. If a petition pro- 
 posing an ordinance signed by qualified electors equal in number to at 
 least five per centum, but less than twenty per centum of the entire 
 vote cast for all candidates for mayor or commissioner for full term, at 
 the last preceding general election, shall be filed with the clerk thirty 
 days before any regular municipal election, then such proposed or- 
 dinance, without alterations, shall be submitted by the commission to 
 electoral vote at such election, provided the clerk shall have ascertained 
 and certified the sufficiency of the petition accompanying such or- 
 dinance. 
 
 Sec. 4. Referendum on Protest. No ordinance passed by the com- 
 mission, except when otherwise required by the general laws of the state 
 or by the provisions of this Charter, and except an ordinance for the im- 
 mediate preservation of the public peace, health, or safety, which con- 
 tains a statement of its urgency (but no grant of any franchise shall 
 be construed to be an urgency measure, and all franchises shall be sub- 
 ject to the referendum vote herein provided for), shall take effect before 
 
 32 
 
thirty days after its final passage and final publication. If, within 
 said thirty days a petition signed by qualified electors of the city equal 
 in number to at least twenty per centum of the entire vote cast for all 
 candidates for mayor or commissioner for full term at the last pre- 
 ceding general election, be presented to the commission, protesting 
 against such ordinance taking effect, the same shall thereupon and there- 
 by be suspended from taking effect. The commission shall immediately 
 reconsider such ordinance, and if the same be not entirely repealed, the 
 commission shall submit it, by the method provided in this Charter, to 
 a vote of the qualified electors of the city, either at the next general 
 municipal election or at a special election which may in its discretion 
 be called by it for that purpose, and such ordinance shall not take ef- 
 fect unless a majority of the qualified electors voting on the same at 
 such election, shall vote in favor thereof. 
 
 Sec. 5. Commission May Refer. The commission may, of its own 
 motion, submit to electoral vote for adoption or rejection at a general 
 or special municipal election, any proposed ordinance or measure, or a 
 proposition for the repeal or amendment of any ordinance, in the same 
 manner and with the same force and effect as provided in this article 
 for submission or petition. If the provisions of two or more proposed 
 ordinances- or measures, adopted or approved at the same election, are 
 inconsistent, then the ordinance or measure receiving the highest af- 
 firmative vote shall prevail. 
 
 Sec. 6. Ordinance Must Be Published. Whenever any proposed or- 
 dinance shall be submitted to the voters of the city at any election, the 
 commission shall cause it to be published in a daily or weekly newspaper 
 published in the city, once in each week for three successive weeks im- 
 mediately preceding such election. 
 
 Sec. 7. Form of Ballot. The ballots used when voting upon such 
 proposed or referred ordinance shall state the nature of the ordinance in 
 terms sufficient to identify it, and on separate lines the words “For the 
 Ordinance” and “Against the Ordinance”, with appropriate spaces pre- 
 pared in which the voter may express his choice. If a majority of the 
 qualified electors voting on said proposed ordinance shall vote in favor 
 thereof, the same shall thereupon become an ordinance of the city and 
 shall take effect as provided in this Charter. 
 
 Sec. 8. Provision shall be made on a single ballot for voting upon all 
 proposed ordinances submitted at any election. 
 
 Sec. 9. There shall not be held under this chapter more than one 
 special election in any period of six months. 
 
 Sec. 10. Any ordinance adopted under this Charter by electoral vote 
 cannot be repealed or amended except by electoral vote. 
 
 Sec. 11. The commission may, by ordinance, make such regulations, 
 not in conflict herewith, as it may deem necessary to carry out the pro- 
 visions of this chapter. 
 
 Sec. 12. May Submit Other Questions. At any special election 
 called under the- provisions of this chapter there shall be no bar to the 
 submission of other questions to the vote of the electors in addition to 
 
 33 
 
the ordinances or measures herein provided for, if said other questions 
 are such as may otherwise legally he submitted at such election. 
 
 CHAPTER 12. 
 
 PROOF OF BY-LAWS AND ORDINANCES AND PROCESS 
 AGAINST THE CITY. 
 
 Section 1. Publication of Ordinance. No by-laws or ordinances 
 shall be of any effect until the same shall have been published at least 
 once in each week, for two successive weeks, in at least one daily news- 
 paper printed and published in said city, unless otherwise directed by 
 the affirmative votes of four members of the commission at the time of 
 its passage. 
 
 Sec. 2. Proof of Ordinances and Proceedings. All by-laws, or- 
 dinances and proceedings of the commission may be read in evidence in 
 all courts of justice and in all proceedings before any officers, body or 
 board in which it shall be necessary to refer to the same, either, 
 
 First, from a record thereof, kept by the clerk; or 
 
 Second, from a copy thereof, certified by the clerk with the seal of 
 the city affixed thereto, or, 
 
 Third, from any volume of by-laws or ordinances purporting to have 
 been printed by the authority of the commission, and such record, cer- 
 tified copy, or printed volume, shall be prima facie evidence of such by- 
 laws, ordinances and proceedings, without other proof of the enactment 
 thereof, publishing, or any other thing concerning the same. 
 
 Sec. 3. Process Against City. All process issued against the city 
 shall run against the city in the corporate name thereof, and such 
 process shall be served by exhibiting the original and leaving a true and 
 certified copy thereof with the mayor or clerk of said city. All suits 
 and proceedings heretofore instituted or commenced by or against the 
 City of Marquette, and pending, shall be prosecuted to the end thereof, 
 the same as though this Charter had not been passed. 
 
 CHAPTER 13. 
 
 APPOINTIVE OFFICERS. 
 
 Section 1. Appointive Officers. The commission shall have power, 
 and it shall be its duty, to appoint a clerk, treasurer, city attorney, 
 assessor and health officer, and as many assistants as it deems necessary, 
 and employes whose appointments are not herein provided for, who, 
 except as herein provided, shall serve during the pleasure of the com- 
 mission as the commission may from time to time deem necessary to 
 carry into effect the powers and duties in this Charter conferred. 
 
 Treasurer and Recorder Continue in Office. Provided, however, that 
 the treasurer, whose term of office for which he was elected has not 
 expired at the time this Charter shall go into effect, shall continue to 
 hold office and perform the duties of treasurer under this Charter until 
 the term for which he was elected shall expire, and the recorder likewise 
 
 34 
 
shall be continued in office as and under the title of city clerk until the 
 expiration of the time for which he was elected recorder, and the first 
 appointments by the commission to fill the offices named shall be at the 
 expiration of their respective terms. 
 
 Sec. 2. Salary. Each of the above named elective officers shall re- 
 ceive and be continued at the same salary or other compensation as 
 was paid them when this Charter went into effect, and the same shall 
 not be increased or decreased during the term for which they were 
 elected. 
 
 Term of Office. They shall each hold their office until their suc- 
 cessors are appointed and have qualified, and they shall severally be 
 under the control and direction of the commission through departments 
 designated in this Charter and the commission. 
 
 Sec. 3. Removal from Office and Discontinuance of Office. The com- 
 mission shall have power to suspend or remove from office at any time 
 any of the officers or employes appointed by it whose term of office is 
 not herein limited as to time of expiration, and may discontinue the of' 
 fice by a vote of a majority of the members. 
 
 Sec. 4. Removal of Elective and Appointive Officers. Any member 
 of the commission, including the mayor and any appointive officer ap- 
 pointed for a definite period by the commission, and also the constables,, 
 may be removed from office by a concurring vote of four members of 
 the commission upon complaint made in writing by the mayor, or any 
 commissioner, or by twenty-five electors. Said complaint must be 
 sworn to by the mayor, or commissioner, or by at least two of the 
 electors making the same, and must set forth specifically one of the 
 following causes, giving the act, date and place: 
 
 (A) . Cause for Removal. Conviction by a court of competent juris- 
 diction of any offense under the laws of the State of Michigan. 
 
 (B) . Habitual drunkenness. 
 
 (C) . Ineompetency to perform the duties of his office. 
 
 (D) . Wilful neglect of duty. 
 
 (E) . Corrupt or wilful malfeasance or misfeasance in office. 
 
 Charges to Be Served. A copy of the complaint and charges, giving 
 
 full information as to the offense charged, shall be served upon the of- 
 ficer, and time shall be given for a defense. The time and place of hear- 
 ing shall be fixed by the commission, and notice of the same shall be 
 given with the copy of the complaint. 
 
 Sec. 5. Suspension of any appointive officer may be made by the 
 commission. There shall be but one suspension for the same offense 
 and the same shall not be for a longer period than thirty days. 
 
 Sec. 6. Commission May Add Duties and Consolidate. The enumer- 
 ation in this Charter of the duties of any appointive officer shall not be 
 construed as limiting the power of the commission to impose upon and 
 obligate him to do and perform other duties not inconsistent with thU 
 Charter. The commission at any time may add to, change or take 
 away any of his duties and may consolidate and place in charge of one 
 of the other officers the functions and duties of two or more offices. 
 
 35 
 
Sec. 7. Issue Subpoenas. To enable the commission to investigate 
 charges against city officials, or make investigations in this Charter 
 provided for, or investigations in any other matters or things it desires 
 to investigate, the mayor or any justice of the peace is empowered to, 
 and shall at the request of the commission, issue subpoenas or process 
 by warrant, to compel the attendance of witnesses and the production 
 of books, papers and other evidence before the commission or any com- 
 mittee thereof, or the accountant herein before provided for. 
 
 Sec. 8. Administer Oaths. Witnesses so subpoenaed or brought be- 
 fore the commission or any committee appointed to investigate, or be- 
 fore the accountant, may be sworn by the presiding officer of the com- 
 mission, or the chairman of such committee, or said accountant, each of 
 whom are empowered to administer the necessary oath; and the com- 
 mission or committee or said accountant shall have the same power to 
 compel the witnesses to testify as is conferred on courts or justices of 
 the peace. 
 
 CHAPTER 14. 
 
 POWERS AND DUTIES OF THE CLERK AND TREASURER. 
 
 Section 1. Clerk. Duties. Same Duties as Township Clerk. The 
 clerk’s office shall be under the direction of the Department of Public 
 Affairs. The clerk of said city shall, in addition to the other duties 
 imposed upon him by this Charter, keep the corporate seal and all 
 papers filed in or pertaining to his office. He shall make and preserve 
 a record of all ordinances and by-laws passed by the commission in 
 proper books to be provided therefor, which books shall contain a copy 
 of all ordinances and by-laws and shall be indexed as to each ordinance 
 by the title thereof, and which ordinances and by-laws shall be entered 
 in said book as soon after their passage as possible; he shall copy the 
 Charter of said city and amendments thereto, and all acts and parts of 
 acts of the legislature relative to said city, each in their chronological 
 order, as near as may be, and properly index the same in a book pro- 
 vided for that purpose, and when requested so to do, upon the payment 
 of the fees to be paid county clerks in such cases, shall duly certify, 
 under the corporate seal, copies of any Charter, any ordinances or of 
 the records of the commission and of all papers duly filed in his office, 
 which shall be received as evidence in all courts and places of the mat- 
 ters therein contained; provided, that where any book or record of any 
 charter, acts of the legislature in reference to said city or ordinance or 
 by-law heretofore passed by the common council of the city has been 
 made and indexed as above provided, and at the time of the going into 
 effect of this Charter is in the custody of the recorder or clerk of the 
 city, such shall continue to be a record of the same. He shall perform 
 all such duties as are or may be required of township clerks in all cases 
 in which he is authorized or required by the laws of this state or by 
 this Charter, to act; and for such services he shall collect the same fees 
 as charged under the laws of this state by township clerks. He is also 
 hereby authorized and empowered to administer oaths and take affida- 
 
vits in connection with his duties as clerk and also with relation to city 
 affairs. 
 
 Sec. 2. Report Proceedings. Publication of Same. Provide for 
 Election. It shall also be the duty of the clerk to attend all meetings 
 of the commission and keep a fair and accurate report of their proceed- 
 ings, which shall be published in one daily paper published in said city, 
 to be designated by the commission, and in case of the absence of the 
 clerk, the commission may appoint one of their own number clerk pro 
 tempore. He shall issue all licenses and collect all license fees, and 
 on the fifteenth and thirtieth days of each month make settlement with 
 the justices of the peace and report the same to the treasurer. He shall 
 provide books, tickets, blanks and ballots and procure places for holding 
 election and provide all other things necessary for the proper conduct- 
 ing of elections as required by this Charter and by the statutes. 
 
 Sec. 3. Purchasing Agent. The clerk shall, under the direction of 
 the commission, unless otherwise provided by the commission, act as 
 the purchasing agent of the city, and shall make report to the commis- 
 sion as to things purchased, the price and from whom purchased. 
 
 Sec. 4. Turn Over Money to Treasurer. All moneys collected by him 
 for license fees, fines, copying records, filing papers, or from any other 
 source, shall be the property of the city and turned over by him to the 
 city treasurer weekly with a full and detailed statement of the same, 
 showing from whom received and for what purpose, and a duplicate 
 report thereof shall be made by him to the commission. 
 
 Sec. 5. Other Duties. The said clerk shall do and perform such 
 other duties as shall be imposed upon him by the provisions of this 
 Charter and the ordinances of said city and resolutions or orders of the 
 commission that may from time to time be adopted. 
 
 Sec. 6. Term of Office. His term of office shall be during the pleasure 
 of the commission and until his successor is appointed and qualified. 
 
 Sec. 7. Certify Taxes. Immediately after the commission shall have 
 ordered the levy of any taxes, the clerk shall certify to the assessor of 
 said city the amounts thereof, and the purposes for which the same is 
 to be collected. 
 
 CHAPTER 15. 
 
 POWERS AND DUTIES OF CITY TREASURER. 
 
 Section 1. Duties of Treasurer. Render Account. Collect All Taxes. 
 The treasurer’s office shall be under the Department of Accounts and 
 Finance. The treasurer of said city shall have the custody of all the 
 money and evidences of indebtedness belonging to the city; he shall 
 receive all moneys belonging to, and receivable by the corporation, and 
 keep an accurate account of the receipts and disbursements thereof; he 
 shall pay no money out of the treasury except on claims presented to 
 and allowed by the commission, and upon a warrant signed by the clerk 
 and countersigned by the mayor, which shall specify the purpose for 
 which the amount is to be paid; he shall keep an accurate account of 
 
 37 
 
and be charged with moneys received for each fund of the corporation, 
 and shall pay every warrant out of the particular fund constituted or 
 raised for the purpose for which said warrant was issued, and having 
 the name of each fund endorsed thereon by the clerk, and from no 
 other or different fund. He shall exhibit to the commission annually, 
 and as often and for such periods as may be required by the commis- 
 sion, a full and detailed account of all receipts and disbursements since 
 the date of his last annual report, classifying them by the fund to which 
 such receipts are credited and out of which such disbursements are 
 made; and shall annually 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 clerk; he shall also collect all city 
 taxes imposed by the commission, in the manner provided by this Char- 
 ter and the resolutions and ordinances in relation thereto; it shall 
 also be his duty, and he is hereby directed and authorized to perform the 
 same duties in relation to the collection and return of taxes for state, 
 county and school purposes assessed and levied within said city as is 
 or shall be required of township treasurers; and shall perform his duties 
 in the same manner and under the same liabilities as are imposed by 
 law upon township treasurers, and shall in all matters be subject to the 
 rules and instructions of the commission, except as his duties may be 
 governed by this Charter or the general laws. 
 
 Sec. 2. Fees for Collection. All fees for collection of taxes shall be- 
 long to the city, and be accounted for by the treasurer. 
 
 Sec. 3. Term of Office. His term of office shall be during the pleas- 
 ure of the commission and until his successor is appointed and qualified. 
 
 CHAPTER 16. 
 
 ASSESSOR. 
 
 Section 1. Assessor. The assessor’s office is hereby declared to be 
 under the Department of Accounts and Finance. 
 
 Assistant Assessors. The commission may appoint an assistant if 
 it shall deem necessary to perform the work of the office. The asses- 
 sor shall be the accountant and chief auditing officer of the city. 
 
 Sec. 2. Same Duty as Supervisors. Make Assessments for Many 
 Purposes. Sign Warrants to Treasurer. All Duties Under Statute. The 
 assessor is hereby authorized and required to perform the same duties 
 that the supervisors of townships under the general laws of the state 
 are required to perform in relation to the assessing of property and 
 levying of taxes, for state, county, school and city purposes, and shall 
 make, assess and levy assessments for pavements, sidewalks, curbing, 
 water pipes and laying of the same and their connections, sewers and 
 connections, and any and all other assessments that shall be ordered 
 by the commission and provided for in this Charter, and shall issue 
 warrants which shall be signed by him, the said assessor, and by the 
 mayor or acting mayor, and sealed with the seal of said city, to the 
 treasurer of said city for the collection of all taxes so assessed, in the 
 
 38 
 
same manner, as near as may be, unless otherwise provided herein, as 
 the supervisors of townships issue warrants to the township treasurer 
 for the collection of township taxes. He shall perform all other duties 
 that may be prescribed by the statutes for supervisors to do and per- 
 form, except such duties as are specifically assigned by this Charter to 
 the office of supervisors herein provided for, and shall do and perform 
 all the duties prescribed in this Charter or by the commission. 
 
 Sec. 3. Taxes Under General Law. The city assessor shall in each 
 year, on or before the second Monday in March, assess the property in 
 said city liable to taxation under the general laws of this state now 
 or hereafter in force, for state, county and school purposes, and he shall, 
 for the purpose of such assessment, exercise and have the same powers 
 in making Said assessment and assessment roll as are or may be given 
 to supervisors of townships by the general tax laws of the state, and 
 in addition thereto such other powers with reference to assessments 
 as are herein provided. 
 
 Sec. 4. Term of Office. Assistant Assessor. His term of office shall 
 be during the pleasure of the commission and until his successor is ap- 
 pointed and qualified. In his absence from duty an assistant desig- 
 nated by the commission shall perform all the duties of assessor. 
 
 CHAPTER 17. 
 
 CITY ATTORNEY. 
 
 Section 1. City Attorney. Th*e city attorney’s office is hereby de- 
 clared to be under the Department of Public Affairs. 
 
 Sec. 2. Qualifications. The city attorney must be an attorney qual- 
 ified to practice in all of the courts of this state and a resident of the 
 City of Marquette for three years next preceding his appointment. He 
 shall prosecute and defend for the* city all actions at law or in equity 
 and all special proceedings for or against the city, and shall represent 
 the city in all other actions or proceedings in which the rights of the 
 city are concerned; and whenever any cause of action in law or in 
 equity or by special proceedings exist in favor of the city he shall com- 
 mence the same when directed to do so by the commission. 
 
 Give Advice. He shall give legal advice, and when asked the same 
 shall be in writing to the mayor, any commissioner or any officers named 
 in this Charter, upon questions arising in the several departments or in- 
 volving the rights and liabilities of the city. 
 
 Contracts. The form of and legality of all contracts made by the 
 city or by any officer for said city shall be submitted to and passed upon 
 by the city attorney before execution, and he shall, when requested, 
 prepare the same. 
 
 Draw Ordinances. Ordinances to Be Submitted to Him. When di- 
 rected by the commission or by any of its members, he shall prepare 
 ordinances, and unless the commission otherwise directs, all ordinances 
 shall be submitted to him before the final passage thereof. 
 
 File Opinions. Clerk Copy. He shall file with the clerk all written 
 
 39 
 
opinions made by him, and the clerk shall paste or transcribe them in 
 a book kept for that purpose and properly index the same for ready ref- 
 erence, and said attorney shall do such other things in connection with 
 his office as may from time to time be required by the commission. 
 
 Other Attorneys. The commission may employ other attorneys 
 whenever necessary. 
 
 Sec. 3. Term of Office. The term of office shall be during the pleas- 
 ure of the commission and until his successor is appointed and qualified. 
 
 CHAPTER 18. 
 
 Department of Public Works. 
 
 STREETS. 
 
 Section 1. Streets. The commission, through the Department of 
 Public Works, shall have supervision and control of all public highways, 
 bridges, streets, avenues, alleys, sidewalks, sewers, gutters, crosswalks, 
 playgrounds, parks, public buildings, Park cemetery and other public 
 grounds within the city, and shall have power to construct, re-construct 
 and maintain the same and cause the same to be kept free from ob- 
 struction and nuisances. 
 
 Sec. 2. Notice of Injury. The city shall not be liable to respond for 
 damages for any injury to person or property occasioned by any defect, 
 or alleged defect, in any public street, main, alley, park, walk, public 
 space, public building or public grounds within said city unless the per- 
 son claiming said damages shall within ten days next after such injury 
 give written 'hotice thereof to the mayor, city clerk, or city attorney, 
 giving the time, place, cause and manner of such injury and the facts 
 connected therewith, and the names of the witnesses, if any were pres- 
 ent when such injury was received, and shall also, within ninety days 
 next after such injury, present to the city clerk his claim in writing and 
 under oath, setting forth particularly the nature and extent of such 
 injury and the amount of damages claimed by reason thereof, which 
 claim shall be presented to the commission. 
 
 Sec. 3. Hearing. Such claim shall be presented to the commission 
 at its next regular meeting and the commission shall thereupon proceed 
 to an investigation thereof, and in such investigation may, in its dis- 
 cretion, order that proofs be taken in regard to such claim, which proofs 
 shall be taken as nearly as practicable in the manner provided by law 
 for the taking of testimony by deposition in judicial proceedings, or in 
 such other manner as the commission' shall direct, which proofs, when 
 taken, shall be filed with the clerk. The claimant shall within thirty 
 days after publication of the minutes of the session of the commission 
 at which it ordered the taking of proofs on said* claim, or within such 
 further time as the commission may allow, proceed to take evidence in 
 support of his claim in the same manner as that adopted by the com- 
 mission, and shall diligently prosecute the same. Such claimant may 
 give his testimony in relation to said claim, and if the injury shall be 
 
 40 
 
to his person shall submit himself to reasonable physical examination 
 by such registered physicians and surgeons as shall be designated by 
 the commission, and in case of injury to property shall exhibit to the 
 commission, or to such persons as the commission shall designate, the 
 injured property, and any neglect or refusal so to do, or to do anything 
 herein required of him, shall be deemed a waiver and abandonment of 
 his claim. 
 
 Sec. 4. Appeal Court’s Only Jurisdiction. No court shall have juris- 
 diction of any such claim except upon appeal as hereinafter provided. 
 
 Sec. 5. Appeal. In case any such claim shall be disallowed by the 
 commission and the claimant shall not be content therewith, or shall 
 not be content with the amount awarded or tendered him in settlement 
 thereof, such claimant shall within ten days after notice of the action 
 of the commission upon said claim file with the city clerk a notice of 
 his intention to appeal from said determination, and shall within sixty 
 days next thereafter cause a transcript of such claim, together with a 
 certified copy of the minutes of the action of the commission relative 
 to such claim, to be filed in the office of the clerk of the circuit court 
 for the County of Marquette, in the form and manner of appeals from 
 the justices of the peace now filed, and it is hereby made the duty of 
 the city clerk to make such certified copy for such appellant without 
 charge therefor. 
 
 Sec. 6. Appeal Bond. Before filing such appeal, the clerk of said 
 county shall require the appellant to execute and file a bond in the sum 
 of three hundred dollars, with one or more sureties, to be approved by 
 the clerk, conditioned for the payment of all costs adjudged against the 
 appellant in said action, which bond shall be filed in said cause; pro- 
 vided, however, that in case the appellant shall make affidavit that by 
 reason of poverty such appellant is not able to furnish such security, 
 such bond shall not be required except upon motion and showing made 
 to the judge of said circuit court that the appellant is able to furnish 
 such security. 
 
 Sec. 7. Notice of Appeal and Practice in Circuit Court. The appel- 
 lant shall upon filing said appeal cause notice thereof to be served upon 
 the city attorney, and after such notice the said cause shall be pro- 
 ceeded in in the same manner as prescribed by law and the rules of prac- 
 tice in suits commenced by summons; provided, however, that the ap- 
 pellant shall not be permitted to state in his declaration any other or 
 different cause of action than that set forth in his notice of injury and 
 statement of claim required by Section 2 hereof to be filed with the 
 clerk. 
 
 Sec. 8. May Open or Close Streets. Special Assessments. The com- 
 mission shall have authority to lay out, open, widen, extend, straighten, 
 alter, close, vacate, or abolish any highway, street or alley in the city, 
 whenever they shall deem the same a public improvement; and if in so 
 doing it shall be necessary to use or take private property, the same 
 may be taken in the manner provided by the general laws of the state 
 for taking private property for public use. The expense of such im- 
 
 41 
 
provement may be paid by special assessments upon the property ben- 
 efited by such improvement, in the manner in this Charter provided for 
 levying and collecting special assessments; or, in the discretion of the 
 commission, a portion of such costs and expenses may be paid by special 
 assessments as aforesaid, and the balance from the general fund. 
 
 Sec. 9. Hearings on Question of Vacating Street. When the com- 
 mission shall deem it advisable to vacate, discontinue or abolish any 
 street, alley or public ground, or any part thereof, they shall by resolu- 
 tion so declare, and in the same resolution shall appoint a time, not 
 less than four weeks thereafter, when they shall meet and hear objec- 
 tions thereto; notice of such meeting, with a copy of said resolution, 
 shall be published for not less than four weeks before the time ap- 
 pointed for such meeting in one of the newspapers of the city; provided 
 that no street or public place leading to a water front shall be vacated 
 unless approved by three-fifths of the electors voting thereon at a spe- 
 cial or general election. 
 
 Sec. 10. Record of Action. Every resolution or ordinance discontinu- 
 ing or vacating any street, alley or public ground, shall be recorded in a 
 book of street records, and the record shall be prima facie evidence of 
 all the matters therein set forth. 
 
 Sec. 11. May Establish or Change Grades. The commission shall 
 have authority to determine and establish the grade of all streets, ave- 
 nues, alleys and public grounds within the city, and may change or alter 
 the grade of any street, alley or public ground, or of any part thereof, 
 whenever in their opinion the public convenience will be promoted there- 
 by. Whenever a grade shall be established or altered, a record and 
 diagram thereof shall be made in the book of street records in the office 
 of the city clerk, and it shall be the duty of the clerk to make such 
 record. 
 
 Sec. 12. Abutting Property Not Liable for Expense of Re-Grading 
 Street. Whenever any street, alley or public highway shall have been 
 graded, or pavement shall have been constructed in conformity to grades 
 established by authority of the city, and the expense thereof shall have 
 been assessed upon lots or lands bounded by, or abutting upon, such 
 street, alley, or public highway, the owner or owners of such lots or 
 lands shall not be subject to any special assessment occasioned by any 
 subsequent change of grade in such pavement, alley or public highway, 
 but the expense of all improvements occasioned by such change of grade 
 shall be chargeable to and be paid by the city. 
 
 Sec. 13. Compensation to Owner of Abutting Property Damaged by 
 Change of < Grade. Whenever the grade of any street or sidewalk shall 
 have been heretofore, or shall hereafter, be established, and improve- 
 ments shall thereafter be made by the owner or occupant of the ad- 
 jacent property in conformity to such grade, such grade shall not be 
 changed without compensation to the owner for all damages to such 
 property resulting therefrom, to be ascertained by a jury as provided 
 by the general laws of the state, or said damages may be ascertained 
 and agreed upon by and between such city and the owner or occupant 
 
 42 
 
of such premises. Whenever such damage shall be ascertained or agreed 
 upon as heretofore provided, such damages, or such part thereof as the 
 commission shall deem equitable and just, shall be paid by the city, or 
 the commission may cause such damages, or such part thereof as may 
 be just and proper, to be assessed upon such real estate as may be ben- 
 efited by reason of the change of such grade, and whenever the commis- 
 sion shall determine to assess such damages, or any part thereof, upon 
 the property benefited, it shall determine and define a district in said 
 city which, in its judgment, is benefited by the improvement out of 
 which said damages arise, and shall cause the same to be assessed upon 
 such district, which said assessment shall be upon the owners or occu- 
 pants of the real estate in said district in proportion as nearly as may 
 be to the advantage or benefit each lot, parcel or sub-division is deemed 
 to acquire by the improvement out of which such damages arise, but the 
 property on account of which such damages were awarded shall not be 
 included in said district. The assessment shall be made, and the 
 amount levied and collected, in the same manner as other assessments 
 on a district deemed to be benefited in the grading and improvement of 
 streets, as provided for in this Charter, and all the provisions of this 
 Charter relative to special assessments and the collection thereof, shall 
 apply thereto. Such damages, when collected as aforesaid, and when 
 determined by said city, shall be paid to the person entitled thereto. 
 
 Sec. 14. Special Assessment. Such part of the expense of improving 
 any street, lane or alley, by grading, paving, planking, curbing, or other- 
 wise, and of repairing the same,. as the commission shall determine, and 
 keeping the same free from dust and nuisance, may be paid from the 
 general fund, or the whole or such part of the expense of such improve- 
 ment as the commission shall determine, may be defrayed by special 
 assessments upon lots and premises included in a special assessment dis- 
 trict, to be constituted of such lands as in the opinion of the commis- 
 sion will be benefited by the improvement. 
 
 Sec. 15. Shade Trees. The commission may provide for and regulate 
 the planting of shade and ornamental trees in the public highways, 
 streets and avenues of the city, and for the protection thereof. 
 
 Sec. 16. Property Beyond City Limits. When the commission shall 
 deem it for the public interest, grounds and buildings for necessary 
 public uses may be purchased, erected and maintained beyond the cor- 
 porate limits of the city; and in such cases the commission shall have 
 authority to enforce, beyond the city limits, and over such lands, build- 
 ings and property, in the same manner and to the same extent as if 
 they were situated within the city, all such ordinances and police regu- 
 lations as may be necessary for the care and protection thereof, and for 
 the management and control of the persons kept or confined in any 
 building maintained upon said property. 
 
 Sec. 17. Sidewalks. The commission shall have control of all side- 
 walks in the public streets and alleys of the city, and may prescribe the 
 grade thereof, and change the same when deemed necessary. It shall 
 have power to build, maintain and keep in repair sidewalks and cross- 
 
 43 
 
walks in the public streets and alleys, and to charge the expense of con- 
 structing and maintaining such sidewalks upon the lots and premises 
 adjacent to and abutting upon such walks. 
 
 Sec. 18. May Compel Owners to Maintain Sidewalks. The commis- 
 sion shall also have authority to require the owners and occupants of 
 lots and premises to build, rebuild and maintain sidewalks in the pub- 
 lic streets adjacent to and abutting upon such lots and premises, and 
 to keep them in repair at all times, and to construct and lay the same 
 upon such lines and grades and of such width, materials and manner of 
 construction, and within such time as the commission shall by ordinance 
 or resolution prescribe, the expense thereof to be paid by such owner or 
 occupant, or the commission may pay such part of the expense of build- 
 ing or rebuilding such walk as they may deem proper. 
 
 Sec. 19. Special Assessment for Sidewalks. If the owner or occu- 
 pant of any lot or premises shall fail to build, rebuild or maintain any 
 particular sidewalk, or shall fail to keep the same in repair, or remove 
 the snow, ice and filth therefrom, or to remove and keep the same free 
 from obstructions, encroachments, encumbrances or other nuisances, or 
 shall fail to perform any other duty required by the commission in re- 
 spect to such sidewalks, within such time and in such manner as the 
 commission shall require, the commission may cause the same to be 
 done, and such sidewalk to be built, rebuilt or repaired, and the expense, 
 or such part thereof as the commission shall have determined, shall be 
 charged to such owner or occupant, and the commission may cause the 
 amount of such expenses incurred thereby, for which such owner or 
 occupant shall have become liable, to be reported to the assessor, to be 
 levied by him as a special tax or assessment upon the lot or premises 
 adjacent to and abutting upon such sidewalk, which special assessment 
 shall be subject to review, after proper notice is given as in all other 
 cases of special assessment provided for by this Charter, and such tax 
 when confirmed shall be a lien upon such lot or premises, and the same 
 shall be collected in the same manner as other city taxes; or the city 
 may collect such amount from the owner or occupant of such premises 
 in an action of assumpsit, together with costs of suit. 
 
 SEWERS AND DRAINS. 
 
 Sec. 20. Sewer System. The commission shall maintain, improve 
 and extend the present sewer system of the city as need therefor shall 
 arise and shall build new sewers and drains whenever and wherever 
 necessary, and all such maintenance, improvement and construction shall 
 be in such dimensions and materials and under such regulations as the 
 commission may deem suitable for the proper drainage of the city. Pri- 
 vate property, or the use thereof, may be taken therefor in the manner 
 prescribed in this Charter for taking private property for public use. 
 But in all cases when the commission shall deem it practicable, such 
 sewers and drains shall be constructed in public streets and grounds. 
 
 Sec. 21. The commission shall devise and cause to be prepared and 
 filed in the office of the city clerk plats and diagrams of all such new 
 
 44 
 
sewer construction showing its connection, if any, with the present sew- 
 erage system of the city, and like plats and diagrams of all extensions 
 and improvements added to the present system. 
 
 Section 22. The commission may in its discretion from time to time 
 divide the city into main or trunk sewer districts to enable it to equita- 
 bly and justly distribute the cost of the construction of such sewers, 
 which cost may in the discretion of the commission be paid wholly out 
 of the general fund, or partially, but not less than one- sixth thereof, 
 out of the general fund, and the balance by special assessment upon the 
 property benefited thereby. 
 
 Sec. 23. Before proceeding to the construction of any main or trunk 
 sewer, a portion or the whole of the cost of which is to be defrayed by 
 assessment on the property benefited thereby, the commission shall 
 cause to be prepared a diagram and plat of the whole sewer district, 
 showing all the streets, public grounds, lands, lots and sub-divisions 
 thereof in the district and the proposed route and location of the sewer, 
 the depth, grade and dimensions thereof, and shall procure and attach 
 to said diagram an estimate of the cost of such sewer and a statement 
 of the proportion thereof to be raised by special assessment upon the 
 private property in said district; and thereupon the commission shall 
 give notice by publication for at least four weeks in one of the daily 
 newspapers of the city of the intention to construct such sewer and to 
 defray the whole or a portion of the cost thereof upon the private prop- 
 erty benefited thereby, arid also give notice where said diagram may be 
 found for examination and of the time when the commission will meet 
 and consider any suggestions and objections that may be made by par- 
 ties interested with respect to such sewer. 
 
 Sec. 24. Sewer District and Special Assessment. When the commis- 
 sion shall determine to construct any such main or trunk sewer, it shall 
 so declare by resolution, designating the district and describing by ref- 
 erence to the diagram and plat thereof, mentioned in the preceding sec- 
 tion, the route and location, grade arid dimensions of the sewer, and 
 shall determine in the same resolution what part of the estimated ex- 
 pense of the sewer shall be paid from the general fund, and what part 
 shall be defrayed by special assessment according to benefits; and it 
 shall cause such plat and diagram as adopted to be recorded in the of- 
 fice of the city clerk in the book of sewer records. 
 
 Sec. 25. Petition by Owners for Sewer. Whenever the owners of a 
 majority of the lands liable to assessment for the construction of any 
 sewer in any portion of the city shall petition for the construction of 
 a sewer therein, the commission shall construct a sewer in such locality 
 and defray the cost thereof by special assessment upon the property 
 benefited thereby. In all other cases sewers shall be constructed and 
 the cost thereof defrayed by special assessment upon the property ben- 
 efited thereby in the discretion of the commission. 
 
 Sec. 26. Special Assessment. Special assessments for the construc- 
 tion of sewers shall be made by the assessor in the manner provided in 
 this Charter for making special assessments. But such assessments 
 
 45 
 
shall be made according to special benefits to property assessed without 
 reference to any improvements or buildings thereon. 
 
 Sec. 27. Private Drains. Whenever the commission shall deem it 
 necessary for the public health, they may require the owners and occu- 
 pants of lots and premises to construct private drains therefrom to con- 
 nect with some public sewer or drain, and thereby to drain such lots 
 and premises; and to keep such private drains in repair and free from 
 obstruction and nuisance; and if such private drains are not constructed 
 and maintained according to such requirement, the commission may 
 cause the work to be done at the expense of such owner or occupant, 
 and the amount of such expense shall be a lien upon the premises 
 drained, and may be collected by special assessment to be levied thereon 
 in the manner herein provided for the levying and collecting of special 
 assessments. 
 
 Sec. 28. The owners or occupants of lots and premises shall have 
 the right to connect the same, at their own expense, by means of private 
 drains, with the public sewers and drains, under such rules and regula- 
 tions as the commission shall prescribe. 
 
 Sec. 29. Toll for Private Drains. The city may charge and collect 
 annually from persons whose premises are connected by private drains 
 with the public drains, such reasonable sum, not exceeding ten dollars 
 per year, as it may deem just, in proportion to the amount of drainage 
 through such private drain; and such charge shall be a lien upon the 
 premises and may be collected by special assessment thereon, or other- 
 wise. 
 
 Sec. 30. Special Assessment. Such part of the expenses of providing 
 ditches and improving water courses as the commission shall determine 
 may be defrayed by a special assessment upon the lands and premises 
 benefited thereby, in proportion to such benefits. 
 
 Sec. 31. Public Sewers Public Expense. The expense of repairing 
 public sewers, ditches and water courses may be paid from the general 
 fund. 
 
 Sec. 32. Ordinances. The commission may enact such ordinances as 
 may be necessary for the protection and control of the public drains and 
 sewers, and to carry into effect the powers herein conferred in respect 
 to drainage in the city. 
 
 Sec. 33. Sewer Bonds. If the commission shall have determined to 
 construct any main or trunk sewer, and if it shall be necessary for the 
 city to borrow money for the payment of the amount determined by the 
 commission to be paid from the general fund toward the construction 
 of such sewer, then before any further proceedings are had looking 
 toward the construction of such sewer, the commission shall cause to be 
 made and recorded in their proceedings an estimate of the amount nec- 
 essary to be borrowed for such purpose, and the question of borrowing 
 such amount shall be submitted to the qualified taxpayers of the city 
 at its next annual election or at a special election called for that pur- 
 pose by the commission, as provided in this Charter. 
 
 46 
 
Sec. 34. Plumbers’ Licenses. The Department of Public Works may 
 grant licenses to those engaged in making connection with public sew- 
 ers, charging such fees and making such regulations as the commission 
 or the Department of Public Works may prescribe. 
 
 CHAPTER 19. 
 
 WATER SUPPLY. 
 
 Section 1. Manage Plant. The commission, through the Department 
 of Water, shall maintain, conduct and control the present water works 
 and system of this city; and shall improve and extend the same as need 
 therefor shall arise to enable it to furnish an adequate supply of pure 
 water for domestic use and for fire protection. The commission shall 
 also make all such ordinances, rules and regulations as may be needed 
 for the safe, economical and efficient management thereof. 
 
 Sec. 2. Rates. The commission shall by ordinance establish a uni- 
 form system of rates for the use of water consumers, make such rules 
 and regulations for the use of water as may be deemed expedient, and 
 provide the manner in which the owners or occupants of all property 
 may be compelled to pay all . charges for water furnished upon such 
 property. 
 
 Sec. 3. No Discrimination. No person, firm, corporation, or asso- 
 ciation shall be allowed free use of water, nor shall there be discrimi- 
 nation among water users, and rebates shall never be allowed to any 
 person, firm or corporation, except a . uniform discount as an induce- 
 ment for prompt payment of water rates. 
 
 CHAPTER 20. 
 
 LIGHT AND POWER. 
 
 Section 1. Manage Plant. The commission, through the Department 
 of Light and Power, shall maintain, conduct and control the present 
 electric generating and distributing plant of this city, and shall im- 
 prove and extend the same as need therefor shall arise to enable it, to 
 furnish the city and its inhabitants with an adequate supply of electric 
 current for light and power. The commission shall also make all such 
 ordinances, rules and regulations as may be needed for the safe, econ- 
 omical and efficient management thereof. 
 
 Sec. 2. Rates. The commission shall by ordinance establish a uni- 
 form system of rates to be charged to the users of electric current, 
 making such rules and regulations governing such use as may be 
 deemed expedient, and provide the manner in which the owners or occu- 
 pants of all property may be compelled to pay all charges for electric 
 current furnished upon such property. 
 
 Sec. 3. No Discrimination. No person, firm, corporation, or asso- 
 ciation, shall be allowed free use of electric current, nor shall there be 
 discrimination among the users thereof, and no rebates shall be al- 
 lowed to any person, firm or corporation, except a uniform discount as 
 an inducement for prompt payment of the usual rates. 
 
 47 
 
CHAPTER 21. 
 
 CHIEF OF POLICE AND POLICEMEN. 
 
 Section 1. Police Officers. The chief of police and policemen shall 
 be under the immediate direction of the Department of Public Health 
 and Safety, and the chief of police and policemen and constables of 
 the city, and each of them, shall be police officers of said city. 
 
 Sec. 2. Power of Commission. The commission shall assume and 
 exercise through the Department of Public Health and Safety, the en- 
 tire control of the police force of the City of Marquette, and shall pos- 
 sess full power and authority over the police organization, government, 
 designation of titles and discipline. The Department of Public Health 
 and Safety shall have the custody and control of all public property, 
 books, records and equipment belonging to the present police commis- 
 sion, and shall provide such number of policemen, with or without pay, 
 as to it shall be deemed necessary. Provided, however, that nothing 
 in this section contained shall be held to abridge or annul the powers 
 of the mayor as the chief executive officer of the city as in this Charter 
 prescribed. 
 
 Sec. 3. Police Force. The police force shall consist of a chief of 
 police and such number of policemen as shall be deemed necessary. 
 
 Sec. 4. Without Pay. The commission can appoint policemen with- 
 out pay to acf at hotels, school buildings and grounds, factories and 
 grounds and public places and parks. 
 
 Sec. 5. Qualification. No person shall be appointed as policeman 
 or police official with pay, who is not a citizen of the United States. 
 
 Sec. 6. Take Oath. Duties. All members of the police force shall, 
 before entering upon the duties of their office, make and file with the 
 city clerk the constitutional oath according to law, and thereupon they 
 shall possess all the common and statutory powers of constables and 
 sheriffs, except for the service of civil process; they shall have the 
 power to serve any subpoenas, warrants, orders, notices, papers or pro- 
 cess issued or directed by any justice of the peace or court in criminal 
 cases in the State of Michigan, in the execution of the laws of this state 
 for the prevention of crimes or the punishment of offenders; it shall 
 be their duty to serve all summons, subpoenas, warrants, commitments, 
 notices, orders, papers, processes whatever by the several justices’ courts 
 of said city, in all cases brought for the violation of the city ordinances 
 and in all civil cases wherein said city is a party, and shall attend upon 
 the several justices’ court of said city whenever said court is engaged 
 in the trial of criminal or civil cases wherein said city is party or inter- 
 ested, whenever directed so to do by the mayor, city attorney, com- 
 missioner at head of Department of Public Health and Safety or chief 
 of police, and shall serve under the direction of chief of police, all no- 
 tices and papers required to be served by the commission, mayor, any 
 commissioner, clerk or health officer, and under the direction of the city 
 clerk post all registration and election notices, make provisions for 
 election booths and the proper care of and equipment of the same. 
 
 48 
 
Sec. 7. Duties. The chief of police and the officers and policemen 
 under him shall serve all processes that may be delivered to him or 
 either of them for service; see that all of the by-laws and ordinances 
 of the commission are promptly and efficiently enforced; he and each 
 of them shall obey all the lawful orders of the commission, the mayor 
 or the commissioner of Public Health and Safety; may command the 
 aid and assistance of all constables or other persons in the discharge 
 of the duties imposed on them, or either of them, by the laws of the 
 state or by the ordinances of the city, and each of them shall be peace 
 officer; and each of them shall have power and authority and it shall 
 be his duty with or without process, to apprehend any person disturbing 
 the peace, or offending against any of the by-laws or ordinances of the 
 city, and forthwith to take such person before any justice of the peace 
 of said city, to be dealt with as the laws of the state or as the Charter 
 or ordinances of the City of Marquette shall provide; and may appre- 
 hend and imprison any person found drunk in any street, lane, alley, 
 park or public place in said city, until such person shall become sober; 
 and each shall be and is hereby authorized to command the assistance 
 in the discharge of such duties, of any person, if by him deemed neces- 
 sary, and the said chief of police, police officials or policemen shall per- 
 form all duties that may be required of him or of either of said police 
 officials or policemen, or either of them, by the by-laws, resolutions or 
 ordinances passed by the commission, and shall carry out the orders 
 of the mayor and commissioner of the Department of^Public Health 
 and Safety. 
 
 Sec. 8. Right to Arrest. When any person has committed or is sus- 
 pected of having committed any crime or misdemeanor within the city, 
 or has escaped from any city prison, or custody of any policeman, the 
 police officers of the city shall have the same right to pursue, arrest 
 and detain such person without the city limits as the sheriff of the 
 county. 
 
 Sec. 9. Must Give Notice of Resignation. No member of the police 
 force, under penalty of forfeiting the pay which may be due to him, 
 shall withdraw or resign from the police force, unless he shall have 
 given one week’s notice thereof in writing to the chief of police, and 
 no person who shall withdraw or resign without giving such notice, or 
 who shall have been removed from the police force for cause, shall be 
 appointed to any office or employment in the said city, except on 
 unanimous vote of the commission. 
 
 Sec. 10. The commission shall require and make suitable provis- 
 ions concerning security to be entered into by the chief of police, and 
 said commission in their discretion, may require security from any 
 member of the force, conditional for the performance of duty, involving 
 the care and disposition of property. v# 
 
 49 
 
CHAPTER 22. 
 
 FIRE DEPARTMENT. 
 
 Section 1. Fire Department. The Fire Department shall be under 
 the immediate direction and control of the Department of Public Health 
 and Safety. 
 
 Sec. 2. Commission to Appoint. The Fire Department shall consist 
 of a chief, who shall he fire warden and building inspector, and such 
 number of other officers and firemen as is deemed necessary, and the 
 commission shall make rules and regulations for their government and 
 fix their rate of pay. 
 
 Sec. 3. Control at Fires. The chief of the Fire Department, and in 
 his absence the assistant chief, at fires shall be in chief control, and 
 may call on the chief of police and policemen to render any assistance 
 that he may require, and shall have all the power and authority of 
 police officers. 
 
 CHAPTER 23. 
 
 HEALTH OFFICER. 
 
 Section 1. Health Officer. The health officer shall be appointed by 
 the commission, and is under the Department of Public Health and 
 Safety. 
 
 Sec. 2. Qualifications. He must be a registered., physician under 
 the laws of the State of Michigan. 
 
 Sec. 3. Power. He shall make monthly reports to the commission, 
 and perform such duties and have such powers as may be given him by 
 the laws of the State of Michigan and by the ordinances of this city 
 or by the resolutions of the commission. 
 
 Sec. 4. Board of Health. The commission, the health officer and 
 chief of police shall constitute the board of health. The commissioner 
 over the Department of Public Health and Safety shall be chairman 
 thereof. 
 
 Sec. 5. Term of Office. The term of office of the health officer shall 
 be during the pleasure of the commission and until his successor is 
 appointed and qualified. 
 
 CHAPTER 24. 
 
 CITY MARKET. 
 
 Section 1. The commission, through the Department of Public Health 
 and Safety, may maintain a city market, appoint a market master and 
 prescribe his duties, and make rules and regulations for the vending 
 of fish, meats, vegetables, fruits, wood, hay, straw, coal or other articles, 
 and provide fees for the right to expose their wares, and may compel 
 all vendors or persons doing business in the city to have weighed on the 
 city scales all products sold by the ton, or have measured all wood sold 
 to the inhabitants of the city, and a ticket furnished by the market 
 master stating the weight or measurement. 
 
 50 
 
Sec. 2. The commission may by ordinance or resolution provide the 
 hour for opening and closing of the same, and may require vendors to 
 remain at the market place until a certain hour to give the inhabitants 
 of the city a chance to purchase their wares, and after the hour fixed 
 in the ordinance the vendor shall be free to dispose of his wares any 
 place in the city. 
 
 CHAPTER 25. 
 
 POUNDS. 
 
 Section 1. The commission, through the Department of Public Health 
 and Safety, may provide one or more pounds within the city, and may 
 appoint a poundmaster or provide other means for the impounding of 
 animals and fix fees for the same. 
 
 Sec. 2. All fees received for the impounding of animals or poultry 
 shall be paid to the city treasurer and by him placed in the general 
 fund of the city. 
 
 CHAPTER 26. 
 
 HARBORS. 
 
 Section 1. The commission, through the Department of Public Health 
 and Safety, shall appoint a harbor master for the enforcement of all 
 such ordinances or regulations as the commission may lawfully enact 
 and prescribe in respect to and over the navigable waters, harbors, 
 wharves, docks, landings and basins within the city, and in respect to 
 the navigation trade and commerce of the city, and prescribe the duties 
 and powers of such harbor master. 
 
 CHAPTER 27. 
 
 LIBRARY. 
 
 Section 1. Free Library. The commission shall maintain the Peter 
 White public library as a ‘Tree library”; and shall commit the manage- 
 ment thereof, subject to the ordinances made by the commission, to three 
 trustees, who shall serve without pay. 
 
 Sec. 2. Property. The building and grounds and all books, period- 
 icals, papers, printed or other matter, and library furniture and fixtures 
 now belonging to the Peter White Public Library, are hereby vested in 
 the commission. 
 
 Sec. 3. Must Maintain. The commission shall annually raise by tax- 
 ation a sum sufficient to maintain the said library, and all moneys re- 
 ceived from fines or other sources shall be used for the maintenance 
 of said library. 
 
 Sec. 4. Bills Paid by Commission. All bills shall be O. K.’d by the 
 said trustees before presentation to the commission for payment, and 
 shall be audited and approved in the manner provided for payment of 
 other bills against the city. 
 
 Sec. 5. Annual Report. Annually, in the month of December, said 
 
 51 
 
board of trustees shall make to the commission a report showing the 
 condition of the library and the manner in which all moneys received 
 by it during the current year have been expended, and at the same time 
 submit an estimate of their requirements for the ensuing fiscal year. 
 
 CHAPTER 28. 
 
 FINANCE AND TAXATION. 
 
 Section 1. Fiscal Year. The fiscal year of the city shall commence 
 on the first "day of January in each year. 
 
 Sec. 2. May Raise Money by Taxation. The commission of the city 
 shall have authority within the limits herein prescribed to raise an- 
 nually by taxation such sums of money as may be necessary to defray 
 the expenses and pay the liabilities of the city and to carry into effect 
 the powers in this Charter granted. 
 
 Sec. 3. May Divide Into Funds. The revenues raised by general 
 taxation upon all the property in the city, or by loan to be repaid by 
 such tax, shall be divided into such and so many funds as the commis- 
 sion may by ordinance or resolution determine. 
 
 Sec. 4. Special Funds. Revenues and moneys raised by taxation in 
 the special assessment districts in the city shall be divided into special 
 assessment funds. The money raised by special assessment in any 
 special assessment district for sewer, paving repairs or improvement of 
 any kind, shall constitute a special fund for the purpose for which it 
 was raised, and such fund shall be used for no other purpose whatever, 
 and if there be a surplus after paying for such special improvement, it 
 shall be returned pro rata to the property owners assessed. 
 
 Sec. 5. Limit of Tax Rate. The aggregate amount which the com- 
 mission may raise by general tax upon the taxable real and personal 
 property in the city, for the purpose of defraying the general expenses 
 and liabilities of the corporation, shall not exceed in any year one and 
 one-half per cent of the assessed value of all real and personal property 
 in the city. 
 
 Sec. 6. Limit of Special Assessment Roll. In addition to the above 
 amounts, the commission may raise by special assessment in a special 
 assessment district, for the purpose of grading, paving, curbing and 
 otherwise improving the streets, and for constructing sewers and drains 
 and making other local improvements chargeable upon the lands and 
 property in the district, according to frontage or benefits, and for 
 all other purposes for which the main sewer funds and special assess- 
 ment funds are constituted, such sums as they shall deem necessary, 
 but not exceeding in any one year ten per cent on the assessed value 
 of the property in a special assessment district, as shown by the last 
 preceding assessment rolls of the city. 
 
 Sec. 7. Estimates by Departments. On or before the second Mon- 
 day in March of each year the several departments of the city shall 
 furnish to the Department of Accounts and Finance estimates in writ- 
 ing of the probable expenses and liabilities to be incurred in their sev- 
 
 52 
 
eral departments for the current fiscal year, specifying in detail such 
 probable expenditures, including a statement of the salaries of their 
 officers and employes. At the fourth regular meeting of the commission 
 in the month of March in each year, the Department of Accounts and 
 Finance shall certify to the commission the amounts so reported by the 
 several departments of the city, and shall also certify to the commission 
 the amount of money necessary to be raised by taxes during the cur- 
 rent fiscal year to make payment of interest and to provide for all 
 sinking funds, and shall report the principal of all the bonded indebted- 
 ness of the city, and shall also estimate the amount of revenue to the 
 city during the current fiscal year from all sources other than from the 
 tax levy. 
 
 Sec. 8. Estimate by Commission. From such estimates so furnished 
 to it, the commission shall at its second regular meeting in the month 
 of April in each year make estimates of all the expenditures which 
 will be required to be made from the several general funds of the city 
 during the current year, and for the payment of interest, sinking funds 
 and indebtedness to fall due during the year. 
 
 Sec. 9. Same Must Be Published. The commission shall also in the 
 same month determine upon the amount required to be raised in the 
 next general tax levy to meet any deficiencies for the prior year; also the 
 amount or part of any special assessments which they require to be 
 levied or to be re-assessed in the next general tax rolls of the city, 
 upon lands in any main sewer, or special assessment district, or upon 
 any parcel of lands, or against any particular person, as a special as- 
 sessment. The amounts and the estimates provided in this and the 
 preceding section shall be published in full in one or more newspapers 
 published in the city, for at least one week before the meeting of the 
 commission, at which the annual appropriation bill is passed, and oppor- 
 tunity given, by such notice, for public hearing upon said estimates. 
 
 Sec. 10. Annual Appropriation Bill. The commission shall also in 
 said month of April pass the annual appropriation bill, in which they 
 shall make provision for, and appropriate the several amounts required 
 to defray the expenditures and liabilities of the corporation for the 
 current fiscal year, payable from the several funds, as estimated and 
 determined upon, as provided in section 9 of this chapter, and order the 
 same, or so much of such amounts as may be necessary, to be raised by 
 tax with the next general tax levy and to be paid into the several funds 
 of the city; but the whole amount so ordered to be raised by tax shall 
 not, except as herein otherwise provided, exceed the amount which the 
 city is authorized by section 5 of this chapter to raise by general tax 
 during the year. The commission shall specify in such bill the objects 
 and purposes for which such appropriations are made, and the amount 
 appropriated for each object or purpose, to each of the funds. The 
 commission shall also designate in the appropriation bill, the sums, if 
 any, required to be levied to meet any deficiency for the prior year, and 
 the amount or part of any special assessment, or other sum which they 
 require to be levied or reassessed as mentioned in section 9 of this 
 
 53 
 
chapter, and the disposition to be made of such moneys, and shall also 
 designate in said bill any local improvements which they may deem 
 advisable to make during the current fiscal year, to be paid for in whole 
 or in part by special assessments, and the estimated cost thereof. 
 
 Sec. 11. Appropriations Spread Upon Tax Roll. All sums ordered in 
 the annual appropriation bill in any year to be raised for the several 
 funds, and all sums ordered in said bill to be levied or assessed as spe- 
 cial assessments, shall forthwith be certified by the city clerk to the 
 assessor and shall be levied and collected upon the assessed valuation 
 of all taxable property, within the city, or upon the special assessment 
 district as the case may be. 
 
 Sec. 12. No Expenditure Unless Provided in Appropriations. No 
 
 improvement, work, repairs or expense, to be paid out of any fund 
 (excepting as herein otherwise provided), shall be ordered, commenced 
 or contracted for, or incurred in any fiscal year, unless in pursuance of 
 an appropriation specially made therefor, in the last preceding annual 
 appropriation bill, nor shall any expenditure be made or liability be 
 incurred, in any year, for any such work, improvement, repairs, or for 
 any purpose, exceeding the appropriation so made therefor; nor shall 
 any expenditure be made, or money be paid out of any fund for any 
 purpose, unless appropriated for that purpose in said bill. 
 
 Sec. 13. No Improvement Exceeding $1,000 Unless Provided in Ap- 
 propriations. No work or improvement to be paid by special assess- 
 ment costing more than one thousand dollars shall be ordered, com- 
 menced or contracted for, nor shall any assessment be levied therefor 
 in any year, unless the intention to make such improvement or expendi- 
 ture and to defray the cost thereof by special assessment, was set fortn 
 in the last preceding appropriation bill; provided, however, that this 
 section shall not apply to any public improvement ordered by the com- 
 mission upon a petition of the owners of a majority of the lands liable 
 to be assessed for the improvement. 
 
 Sec. 14. No Public Work Until Tax Levied to Pay Cost. No public 
 work, improvement or expenditure shall be commenced, nor any con- 
 tract therefor be let or made (except as herein otherwise provided), 
 until a tax or assessment shall have been levied to pay the cost and ex- 
 pense thereof, and no such work or improvement shall be paid for, or 
 contracted to be paid for, except from the proceeds of the tax or as- 
 sessment thus levied or from the proceeds of bonds issued in anticipa- 
 tion of the collection of said tax. 
 
 Sec. 15. May Borrow on Tax Levies. The commission shall have 
 authority to raise money by loan in anticipation of the receipts from 
 special assessments for the purpose of defraying the cost of the im- 
 provement for which the assessment was levied. Such loan shall not 
 exceed the amount of the assessment for the completion of the whole 
 work, nor shall such loan be negotiated and made until after the special 
 assessment has been determined and levied. 
 
 Sec. 16. Funds Must Be Kept Distinct. All moneys and taxes raised, 
 loaned or appropriated for the purpose of any particular fund shall be 
 
 54 
 
paid into and credited to such fund, and shall be applied to the purpose 
 for which such moneys were raised and received, and to none other. 
 Moneys not received or appropriated for any particular fund shall be 
 credited to the general fund, and moneys belonging to one fund shall 
 not be transferred to any other fund. 
 
 Sec. 17. Money Warrants. No money shall be drawn from the 
 treasury, except in pursuance of the authority and appropriation of 
 the commission and upon the warrant of the clerk, countersigned by the 
 mayor. Such warrant shall specify the fund from which it is payable, 
 and shall be paid from no other fund. 
 
 Sec. 18. No Contract Liability Until Appropriation Made. Contract 
 Void Except in Case of Calamity. Neither the commission nor any of- 
 ficer or employe of the city shall have authority to make any contract 
 involving the expenditure of public money, or impose upon the city any 
 liability to pay money, until a definite amount of money shall have been 
 appropriated for the payment of all pecuniary liability of the city un- 
 der such contract in consequence thereof to mature during the period 
 covered by the contract. Such contract shall be ab initio null and 
 void as to the city for any other or future liability; provided, first, 
 that nothing herein contained shall prevent the commission from pro- 
 viding for payment of any expense, the necessity of which is caused 
 by any casualty, accident or public calamity arising after the passage 
 of the annual appropriation ordinance and, second, that the provisions 
 of this section shall not apply to or limit the authority conferred in 
 relation to bonded indebtedness, ‘nor for moneys to be collected by spe- 
 cial assessment for local improvements. 
 
 Sec. 19. Settlement at Close of Fiscal Year. Immediately upon the 
 close of the fiscal year the commission shall audit and settle the ac- 
 counts of the city treasurer and other officers of the city, and the ac- 
 counts, also, as far as practicable, of all persons having claims against 
 the city, or accounts with it not previously audited; and shall make out 
 a statement in detail of the receipts and expenditures of the corpora- 
 tion during the preceding year, which statement shall distinctly show 
 the amount of all taxes raised during the preceding year for all pur- 
 poses, and the amount raised for each fund; the amount levied by spe- 
 cial assessments and the amount collected on each; and the amount of 
 money borrowed, and upon what time and terms and for what purpose; 
 also the items and amounts received from all sources during the year, 
 classifying the expenditures for each purpose separately. 
 
 Statement of Financial Matters. Said statement shall also show 
 the amount and items of all indebtedness outstanding against the city, 
 and to whom payable, and with what rate of interest; the amount of 
 salary or compensation paid or payable to each officer of the city for 
 the year, and such other information as shall be necessary to a full un- 
 derstanding of all the financial concerns of the city. 
 
 Sec. 20. Statement to Be Published. Said statement, signed by the 
 mayor and city clerk, shall be filed in the office of the city clerk, and 
 a copy thereof published in one of the newspapers of the city. 
 
 55 
 
Sec. 21. Taxes Due June 10. The taxes assessed in the general city- 
 tax roll, including the school taxes, for each fiscal year, shall be due and 
 payable on the first day of July of each year, and may be paid at any 
 time on or before the first day of August, of the same year, without 
 any collection fee or additional charge. A charge of one per cent shall 
 be added to all unpaid general city and school taxes on the second day 
 of August, of the same year, and thereafter an additional charge of one 
 per cent shall be made and added to all such unpaid taxes on the first 
 day of each month during which such taxes shall remain unpaid, until 
 return thereof, together with such accrued penalties or charges, shall 
 be made to the county treasurer. And the said county treasurer, or 
 auditor general of the state, as the case may be, shall account to the 
 city for all such accrued penalties or charges in excess of four per cent. 
 
 Sec. 22. Notice That Taxes Are Due June 15. The city treasurer 
 shall give six days’ notice by publishing in a daily newspaper published 
 in said city, for the six secular days next preceding July 1st, which no- 
 tice shall be a sufficient demand for the payment of all taxes on said 
 rolls, and that the payment therein specified may be made to him at 
 any time up to and including the first day of August without any col- 
 lection fee therefor; provided, that an addition of one per cent shall be 
 made thereto on the second day of August and on the first day of each 
 month thereafter that the tax remains unpaid until return to the county 
 treasurer by the city treasurer. 
 
 Provided, however, that the failure to give the notice specified in this 
 section for the payment of such tax shall not invalidate the said tax, 
 nor release the persons assessed from the penalty herein specified. 
 
 Sec. 23. Lien. The taxes so assessed shall be and remain a lien 
 upon the lands upon which they are levied from July 1st, and a charge 
 against the persons owning the property, as provided for in the general 
 laws of the state. 
 
 Sec. 24. Spread State and County Taxes. During the month of No- 
 vember, the city assessor shall apportion and spread upon the tax rolls 
 all state and county taxes, certified to him by the board of supervisors, 
 or otherwise, and such other taxes as are legally required to be spread 
 on the rolls. 
 
 Sec. 25. Treasurer’s Warrant. On the first day of December in each 
 year the assessor shall deliver said roll to the city treasurer with a 
 warrant annexed thereto, signed by himself and the mayor, and directed 
 to the treasurer, in all respects as near as may be similar to the war- 
 rants of township treasurers for the collection of state and county 
 taxes. 
 
 Sec. 26. Notice That State Tax Due. Upon receiving said tax roll, 
 as herein provided, the city treasurer shall give notice to the taxpayers 
 of the city that such rolls have been delivered to him, and that the 
 taxes therein levied can be paid to him at his office at any time from 
 the first day of December to and including the tenth day of January 
 next ensuing, without any charge for collection, but that four per cent 
 collection fee will be charged and collected upon all taxes remaining 
 
 56 
 
unpaid on said tenth day of January. Said notice shall be given by 
 publishing the same six successive times in a daily newspaper published 
 in said city. But any defect in said notice, or any omission to comply 
 with the provisions of this section, shall not invalidate said tax roll or 
 any measure thereafter to be taken to enforce collection of the taxes 
 thereon. 
 
 Sec. 27. Collection Fees Belong to City. The fees and penalties for 
 the collection of taxes provided for by this Charter, or by the general 
 laws of the state, shall belong to the city. 
 
 Sec. 28. State Law Governs as to Delinquent Taxes. For the collec- 
 tion of all taxes remaining unpaid on the general tax roll on the first 
 day of August and on the tenth day of January, the city treasurer shall 
 proceed in the same manner as township treasurers are required by law 
 to do for the collection of taxes in townships, and shall for that purpose 
 have all the power and authority conferred by law upon township treas- 
 urers for such purposes. And it is hereby made mandatory upon the 
 city treasurer to exhaust all legal remedies for the collection of unpaid 
 personal tax before the return thereof. 
 
 Sec. 29. Treasurer Shall Pay School and County Moneys. The city 
 treasurer shall within ten days after the expiration of the time limited 
 in his warrant, or in case of extension of time for collecting such taxes, 
 within ten days after such time has expired, pay over to the treasurer 
 of the board of education the amount which by law is payable to him, 
 and on the first day of Marchj or within ten days thereafter, shall pay 
 to the treasurer of the board of education the balance which by law is 
 payable to him, andr the county treasurer the balance which by law is 
 payable to him, and shall make his returns according to the general 
 laws of the state relating to township treasurers, except as herein other- 
 wise provided, and such general law shall govern in all things not herein 
 otherwise provided for. 
 
 Sec. 30. Special Assessment. When any special assessment is to be 
 made upon the lots and premises in any special district, the commission 
 shall, by resolution, direct the same to be made by the assessor and shall 
 state therein the amount to be assessed, according to benefit; and de- 
 scribe or designate an assessment district comprising the lands to be 
 assessed. 
 
 Sec. 31. How Made. Upon receiving such orders and direction, the 
 assessor shall make out an assessment roll, entering and describing 
 therein all the lots, premises and parcels of land to be assessed, with 
 the names of the owners, if known, chargeable with the assessment 
 thereon; and shall levy thereon and against such property the amount 
 to be assessed, in the manner directed by tfye commission and the pro- 
 visions of this Charter, applicable to the assessment. In all cases where 
 the ownership of any description is unknown to the assessor he shall in 
 lieu of the name of the owner insert the name “unknown”, and if by 
 mistake or otherwise any person shall be improperly designated as the 
 owner of any lot, or parcel of land or premises, or if the same shall be 
 assessed without the name of the owner, or the name of a person other 
 
than the owner, such assessment shall not for any such cause be vitiated, 
 but shall, in all respects, be as valid upon and against such lot, parcel 
 of land or premises as though assessed in the name of the proper owner, 
 and when the assessment roll shall have been confirmed be a lien on 
 such lot, parcel of land or premises, and collected as in this Charter 
 provided. 
 
 Sec. 32. The assessor shall assess upon each lot or parcel such rel- 
 ative portion of the whole sum to be levied as shall be proportionate 
 to the estimated benefit resulting to such lot from the improvement. 
 When he shall have completed the assessment roll he shall report the 
 same to the commission; such report, to be signed by the assessor, may 
 be in form of a certificate endorsed on the assessment roll, as follows: 
 
 State of Michigan, 
 
 City of Marquette. 
 
 To the Commission of the City of Marquette: 
 
 I hereby certify and report that 'the foregoing is a special assessment 
 roll, and the assessment made by me pursuant to a resolution of the 
 commission of said city, adopted (give date) for the purpose of paying 
 that part of the cost which the commission decided should be paid and 
 borne by special assessment for the (insert here the object of the as- 
 sessment) ; that in making such assessment I have, as near as may be, 
 and according to my best judgment, conformed in all things to the direc- 
 tions contained in the resolution of the commission herein before re- 
 ferred to, and the Charter of the city relating to such assessments. 
 
 Date 
 
 Assessor. 
 
 Sec. 33. Single Parcel. When any expense shall be incurred by the 
 city upon or in respect to any separate or single lot, parcel of land or 
 premises, which, by the provision of this Charter, the commission is 
 authorized to charge and collect as a special assessment against the 
 same, and not being that class of special assessments required to be 
 made pro rata upon several lots or parcels of land in a special assess- 
 ment district, an account of the labor or services for which such expense 
 was incurred, verified by the commissioner or other officer under whose 
 direction the improvement was made, with a description of the lot or 
 premises upon or in respect to which the expense was incurred, and the 
 name of the owner or person, if known, chargeable therewith, shall be 
 reported to the commission in such manner as it shall prescribe. And 
 the provisions of the preceding sections of this chapter with reference 
 to special assessments generally, and the proceedings necessary to be 
 had before making the improvements, shall not apply to assessments to 
 cover the expenses incurred, in respect to that class of improvements 
 contemplated in this section. 
 
 Sec. 34. The commission shall determine what amount or part 
 of every such expense shall be charged, and the person, if known, 
 against whom, and the premises upon which the same shall be levied 
 
 58 
 
as a special assessment, and as often as the commission shall deem it 
 expedient they shall require all of the several amounts so reported and 
 determined, and the several lots or premises, and the persons charge- 
 able therewith, respectively, to be reported by the city clerk to the 
 assessor for assessment. 
 
 Sec. 35. Upon receiving the report mentioned in the preceding 
 section, the assessor shall make a special assessment roll, and 
 levy as a special assessment therein, upon each lot or parcel of land 
 so reported to him, and against the person chargeable therewith, if 
 known, the whole amount or amounts of all the charges so directed as 
 aforesaid to be levied upon each of such lots or premises respectively, 
 and when completed he shall report the assessment to the commission, 
 and all the several assessments shall be kept separate. 
 
 Sec. 36. Notice of Special Assessment. When any special assess- 
 ment roll shall be reported by the assessor to the commission, as in this 
 Charter directed, the same shall be filed in the office of the city clerk 
 and numbered consecutively. Before adopting such assessment roll, the 
 commission shall cause notice to be published two weeks at least in 
 some newspaper of the city, of- the filing of the same with the city 
 clerk, and appointing a time when the commission and assessor will 
 meet to review said assessment. Any person objecting to the assess- 
 ment may file his objection thereto in writing with the city clerk. The 
 notice provided for in this section shall be addressed to the persons 
 whose names appear upon the special assessment rdll, and to all others 
 interested therein, and may be in the following form : 
 
 Notice of Special Assessment. 
 
 To (insert the names of the persons against whom the assessment 
 appears) and to all other persons interested, take notice: That the 
 roll of the special assessment heretofore made by the assessor for the 
 purpose of defraying that part of the cost which the commission de- 
 cided should be paid and borne by special assessment for the (insert 
 the object of the assessment and the locality of the proposed improve- 
 ment in general terms) is now on file in my office for public inspection. 
 Notice is also hereby given that the commission and assessor of the 
 City of Marquette will meet at the city hall in said city on (insert the 
 day fixed upon) to review said assessment, at which time and place 
 opportunity will be given all persons interested to be heard. 
 
 Date 
 
 City Clerk. 
 
 Sec. 37. At the time and place appointed for the purpose as afore- 
 said, the commission and assessor shall meet, and there, or at some 
 adjourned meeting, review the assessment roll, and shall hear any ob- 
 jection to any assessment which may be made by any person deeming 
 himself aggrieved thereby, and the commission may correct said roll as 
 to any assessment, or description of premises, appearing therein, and 
 may confirm it as reported, or as corrected; or they may refer the 
 
assessment back to the assessor for revision; or annul it and direct a 
 new assessment, in which case the same proceedings shall be held as in 
 respect to the previous assessment. When a special assessment shall 
 be confirmed, the city clerk shall make an endorsement upon the roll 
 showing the date of confirmation. 
 
 Sec. 38. Confirmation Conclusive. When any special assessment 
 shall be confirmed by the commission, it shall be final and conclusive. 
 
 Sec. 39. Lien. All special assessments shall, from the date of the 
 confirmation thereof, be due and constitute a debt due from the respective 
 owners and a lien upon the several parcels so assessed until paid. 
 
 Sec. 40. Installments. Upon the confirmation of any special assess- 
 ment, the amount thereof may be divided into not more than five in- 
 stallments, one of which shall be collected each year, at such times as 
 the commission shall determine, with annual interest at a rate not ex- 
 ceeding six per cent per annum, but the whole assessment after 
 confirmation may be paid to the city treasurer at any time in full, 
 with the accrued interest thereon. 
 
 Sec. 41. Lien Shall Survive. No judgment or decree, nor any act of 
 the commission invalidating a special assessment, shall destroy or im- 
 pair the lien of the city upon the premises assessed, for such amount 
 of the assessment as may be equitably charged against the same, or, 
 as by a regular mode of proceeding might have been lawfully assessed 
 thereon. 
 
 Sec. 42. Re-Assessment. In all cases of special assessments, of any 
 kind against any property where any such assessments have failed to 
 be valid in whole or in part, the commission shall be and it is hereby 
 authorized to cause to be re-assessed such special taxes or assessments, 
 and to enforce their collection. Or if the amount assessed shall not be 
 sufficient to pay the portion of the costs of such improvements made 
 which was enjoined on the property, or on the owners of property in 
 the local assessment district where the same are made, it shall be law- 
 ful and the commission is hereby directed and authorized to cause to be 
 made a re-assessment upon all the property in said local assessment 
 district to pay for such improvements, and to continue requiring such 
 re-assessments until a valid and sufficient assessment shall have been 
 made. 
 
 Sec. 43. Collection of Special Assessments. Upon the confirmation 
 of any special assessment roll, the same shall be delivered to the city 
 treasurer with a warrant annexed and signed by the assessor and 
 mayor directing him to collect the same within sixty days, or in case 
 the amount thereof shall have been divided into installments as pro- 
 vided in section 40 hereof, the said warrant shall direct a collection of 
 the various installments within sixty days after they shall fully become 
 due. 
 
 Sec. 44. In case the amount of said special, assessment rolls, 
 or any portion thereof, shall not be paid within the said sixty days, 
 the said treasurer shall proceed to collect the same in the manner 
 directed by the general laws of the state for the collection of personal 
 
 60 
 
taxes by a township treasurer, or, if the commission so direct, said 
 delinquent special assessments may be returned to the assessor and 
 by him spread, together with a penalty of one per cent, upon the next 
 general tax roll to be prepared by him in a column for special assess- 
 ments, in which case they shall be collected and enforced with the other 
 taxes in the tax roll and in the same manner. 
 
 Sec. 45. The commission shall be authorized in lieu of either 
 of the foregoing methods to collect any delinquent special assessment 
 by suit in assumpsit in the name of the city against the person assessed 
 in any court of competent jurisdiction. In such action a declaration 
 upon €he common counts for money paid shall be sufficient, and the 
 special assessment roll and certified copy of order or resolution con- 
 firming the same shall be prima facia evidence of the regularity of all 
 the proceedings in making the said assessment and of the right of the 
 city to recover judgment therefor. 
 
 Sec. 46. If for any reason in any such action it shall appear 
 that by reason of any irregularities or informalities the assessment 
 has not been properly made against the defendant or upon the lot or 
 premises sought to be charged, the court may nevertheless, on satis- 
 factory proof that expenses have been incurred by the city which are 
 a proper charge against the defendant or against the lot and premises 
 in question and that the defendant is the owner thereof, render judg- 
 ment for the amount properly chargeable against said defendant on 
 account of said lot or premises. 
 
 CHAPTER 29. 
 
 FINANCE, REPORT OF SAME. 
 
 Section 1. Proviso. Statement, What to Contain. The commission 
 shall, on or before February first, each year, cause to be published in at 
 least one daily newspaper printed in said city, a just and true account 
 of all the moneys received and expended by it during the fiscal year 
 just closed, and the amount of unpaid liabilities and claims. Said 
 statement published as above provided shall fully specify all appropria- 
 tions made by the commission, the object and purpose for which the 
 same were made, the amount of money expended under such appro- 
 priations, the whole amount of taxes raised, the amount expended on 
 highways, streets, bridges, sidewalks, crosswalks, alleys, water and 
 water works, police, fire department, sewer, electric light and power 
 department, and all such other items of expense, and information as 
 shall be necessary to- a full and perfect understanding of the financial 
 affairs of the city. 
 
 CHAPTER 30. 
 
 BOARD OF REVIEW. 
 
 Section 1. Board of Review. The supervisors, the assessor and the 
 commissioner in charge of the Department of Accounts and Finance 
 shall constitute the Board of Review, and the commissioner shall be the 
 
 61 
 
chairman thereof. The clerk of the city shall be clerk, and keep a record 
 of all the proceedings. Four members shall constitute a quorum to do 
 business. 
 
 Sec. 2. Inspect Roll. It shall be the duty of the Board of Review 
 after the assessor shall have completed the assessment roll, and prior 
 to the days appointed by law for the review of the same, to meet on 
 some day appointed by the assessor and carefully examine, inspect and 
 compare the whole of said roll. 
 
 Sec. 3. Review Day. The said Board of Review shall also meet at 
 the City Hall in said city on the third Monday and on the Tuesday, 
 Wednesday, Thursday, Friday and Saturday following in the month of 
 April in each year, for the purpose of reviewing the assessment roll as 
 provided by law. All changes in assessment shall be by motion and 
 by vote, by call of the ayes and nays. 
 
 Sec. 4. Publish Notice. The assessor shall cause a notice to the 
 taxpayers of said city to be published in two newspapers published in 
 the city for one week prior to the time of any meeting of the Board 
 of Review, stating the time and place of meeting of the board and 
 the object for which it will meet. A failure to give such notice shall 
 not invalidate the tax. 
 
 Sec. 5. Personal Property Assessable. Any personal property in this 
 city at any time between the first day of February and the third Mon- 
 day in April, in each year, not exempt from taxation and not assessed 
 for taxation elsewhere in the state for the same year, shall be liable to 
 taxation in this city and shall be embraced in the assessment roll for 
 that year. 
 
 Sec. 6. Make Changes. Deliver Roll to Treasurer. The assessor 
 shall make such changes, additions and corrections as he is directed to 
 make by the Board of Review, and when the assessment or tax roll is 
 completed, he shall, not later than the first day of July, deliver said 
 roll, with the warrant as herein provided, signed by himself and mayor, 
 to the treasurer. 
 
 Sec. 7. Pay. Each member of said Board of Review, except the 
 assessor, shall receive for his services, five dollars each day actually 
 attending said board. 
 
 CHAPTER 31. 
 
 CITY INDEBTEDNESS AND BONDS. 
 
 Section 1. Bond Limit. The commission shall have and are hereby 
 vested with authority, whenever it shall deem it necessary and for the 
 best interest of the city, to borrow money on the credit of the city and 
 issue the city’s bonds therefor payable at such rates of interest not 
 exceeding six per cent per annum as they shall determine. Provided, 
 that no bonds except refunding, special assessment and emergency 
 bonds shall be issued unless three-fifths of the electors voting upon the 
 question either at a Charter or special election shall be in favor of such 
 loan; but before any loan of money shall be authorized by a vote of 
 such electors of said city, written or printed notices shall be posted 
 
 62 
 
by the city clerk in at least two public places in each voting district 
 at least twenty days prior to such election, and such city clerk shall 
 cause notice to be published in some newspaper printed in said city 
 for the same period, specifying the object or objects for which money is 
 proposed to be borrowed; and provided further, that the bonded indebt- 
 edness of the city exclusive of school bonds and bonds issued for public 
 improvements in connection with which a special assessment district is 
 made to pay therefor shall at one time be permitted to exceed the 
 amount now limited under the Charter and special acts that this Char- 
 ter supersedes, except that the limit of the bonded indebtedness of the 
 city may be raised or lowered upon a three-fifths affirmative vote of the 
 electors voting on the question at a general or special election, and if 
 voted upon at a special election the same must be voted for in the 
 affirmative by a vote equal to not less than fifty per cent of the total 
 vote at the last municipal charter election and in the affirmative by 
 not less than two-thirds of all voting at a special election; on condition, 
 however, that whatever changes shall be made in the limit of the 
 amount of money which may be borrowed by the city, such changes 
 shall not make the bond limit exceed six per cent of the assessed valua- 
 tion of all real and personal property in the city. 
 
 Sec. 2. Sinking Fund. No bonds shall be issued without providing 
 a sinking fund to pay them at maturity; provided, that no sinking 
 fund shall be required in the case of serial bonds which fall due annually. 
 
 Sec. 3. Emergency Bonds. In case of fire, flood or other calamity, 
 the commission may borrow for the relief of the inhabitants of said 
 city and for the preservation of municipal property a sum not exceed- 
 ing one-fourth of one per cent of the assessed valuation of all real and 
 personal property in the city due in not more than three years, even if 
 such loan would cause the indebtedness of the city to exceed the limit 
 fixed in the Charter. For any such loans lawfully made the bonds of 
 the city may be issued bearing a rate of interest not exceeding six per 
 cent. 
 
 Sec. 4. Bonds Must State Purpose of Issue. Every bond issued by 
 the city shall be made payable within thirty years from the date of 
 issue, and shall contain on its face a statement specifying the object 
 for which the same is issued, and if issued for the purpose of raising 
 money for public improvement the particular public improvement shall 
 also be specified on the face of such bond, and it shall be unlawful for 
 any officer of such city to sign or issue any such bond without such 
 matters are set forth on the face of the same, as aforesaid, or to use 
 such bonds or proceeds from the sale thereof, for any other object then 
 that mentioned on the face of such bond. 
 
 Sec. 5. Net Earnings of Utilities in Sinking Fund. The commission 
 shall annually determine the amount necessary to be set aside from the 
 surplus revenues derived from all the public utilities now owned, con- 
 trolled and operated by said city, or any public utility that may here- 
 after be acquired by said city for the payment of the city’s bonded 
 indebtedness as the same shall fall due, which bonded indebtedness 
 
 63 
 
shall also include the bonds of School District No. 1 of said city now 
 outstanding or that may hereafter be issued for any purpose whatever. 
 The commission, after making such provision for the payments of bonds, 
 shall use any surplus revenue remaining annually for the reduction of 
 taxation in such manner as it may determine. 
 
 Sec. 6. Taxpayers Can Vote. Whenever any question is submitted 
 to a vote of the electors of the city which involves the direct expendi- 
 ture of public money or the issue of bonds, every person who has prop- 
 erty assessed for taxes in any part of the district or territory to be 
 affected by the result of such election, and also who has the qualifica- 
 tions of male electors in said city, and only such persons, shall be en- 
 titled to vote thereon. 
 
 Sec. 7. Bonds for Public Utilities. Mortgage bonds which do not 
 impose any liability upon the city, may be issued to acquire or operate 
 such public utilities as the city may lawfully own or operate above the 
 limitation herein above mentioned; the Same to be without liability on 
 the part of the city, other than as secured on the revenue of such public 
 utility and its property including the franchise. When such bonds 
 shall be issued they shall state the terms upon which, the case of fore- 
 closure, the purchaser may operate the utility foreclosed, which fran- 
 chise or term shall in no case be extended by said sale for a longer 
 period than twenty years from the date of sale of said franchise. 
 
 Sec. 8. Record of Bonds. A record showing the dates, numbers and 
 amount of all bonds issued and when due shall be kept by the city 
 clerk. 
 
 CHAPTER 32. 
 
 SCHOOLS. 
 
 Section 1. Entire City Single School District. The City of Mar- 
 quette shall constitute a single school district. The Board of Educa- 
 tion shall be a body corporate, by the name and style of the Board of 
 Education of the City of Marquette, and shall possess the usual powers 
 of corporations for public purposes, and in that name may sue and be 
 sued, and purchase, acquire, hold and dispose of such real and personal 
 property as is authorized to be purchased, acquired or disposed of by 
 this Charter. 
 
 Sec. 2. Five Members, Three Years’ Term. The Board of Education 
 shall consist of five members, elected from the city at large for a term 
 of three years from and after the first Tuesday of September of the 
 year when elected, and until their successors are qualified and enter 
 upon the duties of their office. 
 
 Sec. 3. Present Members to Hold Office. All members of the Board 
 of Education heretofore elected or appointed under the provisions of 
 any previous Charter shall continue to hold office under this Charter 
 until the expiration of the term for which they were elected or ap- 
 pointed, and until their successors are elected and qualified and enter 
 upon the duties of their office. 
 
 Sec. 4. Annual Election. There shall be held a regular annual elec- 
 
 64 
 
tion of school trustees in said district on the first Monday of September 
 of each year. Such annual election of school trustees, as above pro- 
 vided, shall be held at such place in said city as the Board of School 
 Trustees shall designate. The polls shall be open at nine o’clock in the 
 forenoon and shall continue open without intermission or adjournment 
 until the hour of eight o’clock in the afternoon, at which time they shall 
 be finally closed. Said election shall be by ballot, and shall, except as 
 herein otherwise directed, be conducted in all respects in the manner 
 provided by law for conducting the election of officers in graded school 
 districts. Notices of the time and place of holding such election shall 
 be given by the secretary of the board, at least ten days before said 
 election, by posting such notices in three of the most public places in 
 each ward of the city, and by publishing a copy thereof in one or more 
 newspapers published in the city, the same length of time before the 
 election. 
 
 Sec. 5. Board of Inspectors. The president and secretary of the 
 Board of School Trustees, and one other trustee, to be designated by 
 the board, shall constitute a Board of Inspectors of such election, and if 
 any of said three trustees shall not be present at the time of the open- 
 ing of the polls or remain in attendance, the electors present may choose 
 viva voce such number of such electors as with the trustee or trustees 
 present shall constitute a board of three inspectors of such election. 
 Each of said inspectors shall take the required oath to faithfully per- 
 form the duties of inspector of such election. The president of the 
 board shall be chairman of the Board of Inspectors. In his absence 
 the inspectors shall elect one of their number as such chairman. Every 
 person shall be entitled to vote at such election who is a qualified voter 
 of the city or qualified by the laws of the state to vote at any election 
 for school officers. The Board of Inspectors shall have the same author- 
 ity and powers in maintaining and enforcing order and obedience to 
 their lawful commands at such elections and during the canvass of the 
 votes as are conferred by the general laws of the state upon school of- 
 ficers in similar cases. 
 
 Sec. 6. Poll List. The Board of Inspectors shall make a poll list of 
 the names of persons voting at such election. They shall also have the 
 right of access to the registration books of the several wards of the 
 city, if they deem it necessary, and for that purpose they may require 
 the city clerk to attend said election with such registers. 
 
 Sec. 7. Determination of Result. When said polls shall be finally 
 closed, the Board of Inspectors shall immediately proceed publicly to 
 count, determine and declare the number of votes cast and for whom, 
 and shall, on the same or the next succeeding day, make up and sign a 
 statement in writing, showing the whole number of votes cast, and the 
 number of votes cast for each person for whom votes were cast, which 
 statement shall be signed by the inspectors, and together with the min- 
 utes and other papers of the election, shall be filed with the secretary of 
 the Board of School Trustees. The person or persons who shall have 
 received the highest number of votes for such office of trustee for the 
 
 65 
 
several terms designated upon the ballot shall be declared elected, and 
 if two or more persons shall have received an equal number of votes 
 where only one trustee is to be elected, said inspectors shall choose one 
 of such persons by lot, as such trustee. The ballots shall, when the 
 vote shall have been declared, be returned to the box, and the box be 
 locked and sealed and deposited with the secretary at the time of the 
 filing of said statement. Every person so declared elected to the office 
 of school trustee, under the provisions of this act, shall, within ten days 
 after such election, qualify by taking and subscribing the required oath 
 of office and filing the same with the secretary of the Board of School 
 Trustees. 
 
 Sec. 8. School Board Pay Expenses of Election. The Board of School 
 Trustees shall pay all the expenses of such election from the contingent 
 fund of the district, and shall allow each inspector of election the same 
 compensation as is allowed to inspectors at city elections. 
 
 Sec. 9. Annual Budget. It shall be the duty of the trustees of said 
 school district on or before the second Monday of March of each year 
 to certify as otherwise provided by law, to the commission, all sums 
 to be raised by taxation for school purposes in said city during the cur- 
 rent year, and the same shall be levied and collected with the other city 
 taxes. 
 
 Sec. 10. State Law to Govern. When not otherwise provided in this 
 Charter, the general school law of the state shall govern in regard to all 
 matters pertaining to said school district. 
 
 CHAPTER 33. 
 
 FRANCHISES. 
 
 Section 1. Franchises Revocable Unless Approved by Electors. No 
 franchise which is not subject to revocation by the commission shall be 
 issued or granted unless such proposition shall have first received the 
 affirmative vote of three-fifths of the electors of the city, voting thereon 
 at a regular or special election, and upon such proposition women tax- 
 payers having the qualifications of male electors shall be entitled to 
 vote. The question of granting any franchises shall be submitted to 
 a vote of the qualified voters thereon of the city upon request of the 
 applicant for such franchise; provided, such applicant shall deposit with 
 the city treasurer upon making such application the expenses of con- 
 ducting such election, to be determined by estimate of the commission. 
 
 Sec. 2. Franchise Must Specify Streets, Etc. Every franchise or 
 privilege hereafter granted shall plainly specify the streets, alleys, ave- 
 nues, or property to which the same shall apply, and any ambiguity ap- 
 pearing in the language of the franchise, grant or privilege, shall be con- 
 strued in favor of the city and against the claimant under such grant. 
 
 Sec. 3. Franchises Shall Prohibit Stock on Account Thereof. Every 
 ordinance granting any franchise shall prohibit the issuing of any stock 
 on account thereof, or based upon the value of the franchise, to an 
 amount in excess of the sum, fixed as the value of such franchise by the 
 
 66 
 
commission, and such valuation by the commission shall consist of the 
 following items only: 
 
 (a) The actual expenses incurred by the grantee of such franchise 
 in presenting and procuring the same from the city, including the ex- 
 penses of any election, if one be held. 
 
 (b) Such sum as the commission shall determine shall be reasonably 
 sufficient for any time devoted by the grantee, or services rendered by 
 him, in procuring such franchise. 
 
 Any violations of this section shall operate as a forfeiture of such 
 franchise and the same shall become void forthwith. 
 
 Sec. 4. Franchise to Specify Commencement and Completion of 
 Work. The ordinance granting the franchise, permit, or privilege shall 
 state when the construction work shall commence, which’ must not be 
 more than six months from the date of the taking effect of the ordinance 
 granting the same, and shall state when the same shall be in operation 
 to perform the purposes for which the franchise was granted, and fail- 
 ure to commence the work or to put the same in operation as provided 
 in the franchise shall be a forfeiture of all rights under the same with- 
 out any action on the part of the commission; provided, however, the 
 commission may extend the time, for not to exceed six months, by an 
 affirmative vote of at least four of its members at any time within sixty 
 days previous to or after the time shall expire. 
 
 Sec. 5. Enumeration Not Limitation. The enumeration and specifi- 
 cation of particular matters in this Charter which must be included in 
 every franchise or grant shall never be construed as a limitation upon 
 the powers of the commission, and the commission shall have the right 
 to impose all lawful and reasonable restrictions, regulations and require- 
 ments. 
 
 Sec. 6. Franchise Not Exclusive. No exclusive franchise shall ever 
 be granted, and no franchise shall be renewed earlier than one year prior 
 to its expiration. 
 
 Sec. 7. Commission Shall Have Supervision. The commission shall 
 maintain general supervision over all public utility companies, in so far 
 as they are subject to municipal control, and shall cause to be instituted 
 such actions or proceedings as may be necessary to enforce such control 
 and any and all liabilities against any such utility company. 
 
 Sec. 8. Franchise Holder Must Make Report. The commission shall 
 require every person or corporation operating under any franchise or 
 grant from the city to submit to the commission, on or before the first 
 day of March in each and every year, and at such other times as the 
 commission may require, a report, verified by the oath of the president, 
 or treasurer, or general manager of such corporation, showing in detail 
 the following accounts: 
 
 (a) The amount of its authorized capital stock and the amount 
 thereof issued and outstanding. 
 
 (b) The amount of its authorized bonded indebtedness issued and 
 outstanding. 
 
 (c) Such report shall be in the form and shall cover such period as 
 
 67 
 
the commission shall specify and require, and such persons or corpora- 
 tions shall exhibit to the mayor or any authorized officer or representa- 
 tive of the commission all the books and records pertaining to the af- 
 fairs of such persons or corporations whenever demanded. Failure or 
 refusal to make such report or to produce and exhibit such books shall 
 work a forfeiture of the franchise. 
 
 Sec. 9. Commission May Revoke Franchise. The commission may 
 revoke, cancel or annul any franchise that may have been granted by 
 the city which shall have become void or forfeited in whole or in part. 
 
 Sec. 10. Franchise May Provide for Purchasing. Every grant or 
 franchise may provide certain dates or periods thereafter upon and at 
 which the city shall have the right to purchase of and from the firm, 
 person or corporation holding and operating under such grant and fran- 
 chise, all right, title, interests, property and business used, owned, oper- 
 ated or conducted in connection with or under or by virtue of such grant 
 or franchise, and may provide for the taking over of the same by the 
 city upon the payment therefor of its then fair valuation; provided, 
 that the proposition to purchase such franchise at the price fixed or 
 agreed upon shall receive the affirmative vote of three-fifths of the elec- 
 tors qualified to vote thereon of said city voting thereon at a regular 
 or special municipal election. 
 
 Sec. 11. Valuation Determined by Arbitration. Whenever the city 
 shall elect to purchase such franchise the valuation shall be determined 
 by arbitration, unless the owners of such property and franchise shall 
 agree with the city upon a consideration for the same, and if determined 
 by arbitration the proceedings shall be as follows: 
 
 The commission shall select one arbitrator and the owner of the 
 property or franchise shall select another, and the two thus chosen shall 
 select a third, and the value fixed by the arbitrators, or a majority of 
 them so chosen, shall be binding upon both parties. 
 
 Sec. 12. Periodical Adjustment of Rates. Every franchise shall con- 
 tain a provision naming certain dates or periods when the rates charge- 
 able under such franchise may be modified and fixed by the commission 
 for the next period of such franchise, and no franchise shall be valid 
 unless such a provision is incorporated therein. 
 
 Sec. 13. Modification Made in Same Manner as General Grant. No 
 change or modification of any franchise, either in the term for which it 
 is granted, or the rights, privileges and provisions thereof, shall be made, 
 except in the same manner as is or may be provided for the granting of 
 the franchise in the first instance, and except in case of forfeiture. 
 
 Sec. 14. May Compel Joint Use of Utilities. The city, by and 
 through its commission, shall have the power to require any corporation 
 holding a street railway franchise from the city to allow the use of its 
 tracks, poles and wires by the city or by any other corporation to which 
 the city shall grant a franchise, upon the payment of a reasonable sum 
 for rental thereof, and any franchise or right which may hereafter be 
 granted to any person or corporation to operate a street railway within 
 the city or its suburbs shall be subject to the condition that the city 
 
 68 
 
shall have the right to grant to any other person or corporation desiring 
 to build or operate a street railway or interurban railway within or into 
 the city, the right to operate its cars over the tracks of the said street 
 railway, in so far as may be necessary to enter and leave the city, and 
 to reach the section thereof used for business purposes; provided, that 
 the persons or corporation desiring to operate its cars over the line of 
 said street railway shall be unable to agree with the owner thereof as 
 to the reasonable compensation to be paid, and as to the terms and con- 
 ditions of the use of said tracks and facilities, then the commission shall, 
 by resolution, after a fair hearing of the interested parties, fix the 
 terms and conditions of such use, and the compensation to be paid 
 therefor, which award of the commission when so made, shall be binding 
 on and observed by the parties concerned, and whether inserted in the 
 body of the franchise or not, the provisions of this section shall be 
 deemed to be a part of every franchise granted to any street railway or 
 railroad corporation. 
 
 Sec. 15. Street Railways Must Pave Between Tracks. It shall also 
 be provided in each and every franchise for the building and operating 
 of a railroad track in said city, that the grantee or grantees shall pave, 
 clean and keep in repair the bed, pavement and roadway of the street 
 or alley where such track or tracks are located between the rails and 
 tracks and to an extent of not less than 24 inches outside of the rails 
 of said tracks as used and located. 
 
 Sec. 16. Franchise Record. The commission shall provide and cause 
 to be kept in the office of the city clerk the following books of records 
 and references: 
 
 (1) A Franchise Record, indexed and of proper form, in which 
 shall be transcribed accurate and correct copies of all franchises or 
 grants by the city to any person, persons or corporation owning or 
 operating any public utility. The index of such record shall give the 
 name of the grantee and thereafter the name of any assignee thereof. 
 Such record shall be a complete history of all franchises granted by the 
 city, and shall include a comprehensive and convenient reference to the 
 action of the commission granting the same. 
 
 (2) Utility Record. A public record for every person, firm or cor- 
 poration owning or operating any public utility under any franchise 
 granted by the city, into which shall be transcribed accurate and cor- 
 rect copies of each and every franchise granted by the city to said 
 person, firm or corporation, or which may be controlled or acquired by 
 them or it, and such other matters of information and public interest 
 as the commission may from time to time require. The provisions of 
 this section shall apply to all persons, or corporations operating under 
 any franchise now in force or hereafter granted by the city. 
 
 Sec. 17. Commission May Allow Use of Streets. The commission 
 shall have authority to permit any railroad company or street railway 
 company to lay its tracks and operate its road with steam, electric or 
 other power across streets, highways, and public alleys of the city, as 
 
the commission may deem expedient, upon such terms and conditions, 
 and subject to such regulations, to be observed by said company, as the 
 said commission may prescribe; and to prohibit the laying of such 
 tracks or operating of any such road except upon such terms and con- 
 ditions. But such permission shall not effect the right or claims of any 
 persons against the company for damages sustained by reason of the 
 construction or location of any railroad or street railway across such 
 streets, highways or alleys. 
 
 Sec. 18. May Adopt Regulations. The commission may establish 
 regulations and adopt ordinances relative to any franchise or any party 
 using the same or operating thereunder at any time within the city upon 
 the following matters, viz: 
 
 (1) May provide for and change the location and grade of street 
 crossings of any railroad track. 
 
 (2) To compel any railroad company or street railway company 
 to raise or lower their railroad track to conform to the street grades, 
 which may be established by the city from time to time. To construct 
 street crossings in such manner and with such protection to persons 
 crossing thereat, as the commission may require. 
 
 (3) To require and compel any railroad company and any street 
 railway company to make, clean, keep open and repair ditches, drains 
 along and under or across their railroad tracks. 
 
 (4) To erect and keep in repair any viaduct over or tunnel under 
 such street or over and under any such track or tracks, including ap- 
 proaches, as may be by the commission deemed necessary for the con- 
 venience, safety and protection of the public. 
 
 (5) To pay all cost of grading, paving, repaving, draining and 
 repairing such part of the streets and alleys as is or may be used or 
 occupied by such railroad or railway company. Such cost shall be a lien 
 upon the property and franchise of the company, and shall be assessed 
 and taxed against the same like other taxes. The portion of the street 
 or alley used or occupied by said railway companies shall be deemed 
 to be the space between their tracks and twenty-four inches on the 
 outside of their rails and all the space between two or more tracks, 
 turnouts or switches. 
 
 If any such railroad company or street railway company shall neg- 
 lect to perform any such requirements according to the direction of the 
 commission, the commission may cause the work to be done at the 
 expense of such company, and the amount of such expense shall be col- 
 lected at the suit of the city against the company in a civil action 
 before any court, or the commission may revoke the franchise of said 
 company for failure to perform any such requirements. 
 
 Sec. 19. Neither the mayor nor any other member of the board of 
 commissioners, nor any elective or appointive employe of the city, 
 shall be directly or indirectly in the employ of any person, company, 
 or corporation holding or seeking to hold any franchise of the City of 
 Marquette, or shall receive directly or indirectly, any wage, commission, 
 fee, gift, favor or payment from any such franchise holder, and a vio- 
 
 70 
 
lation of this section shall ipso facto render vacant the position held 
 by the person so violating it, and shall be punished as bribery. 
 
 CHAPTER 34. 
 
 OTHER PUBLIC UTILITIES. 
 
 Section 1. Powers of Commission Relative to Electric Light Plant 
 and Gas Works. If the commission at any time shall decide to pur- 
 chase or construct a gas plant or works or other public utility, it shall 
 have power to purchase, take, and hold in the name of the City of 
 Marquette all such real estate situated either within or without said 
 city as shall be necessary for such works or plant, and afford necessary 
 room for the construction thereof and the appurtenances, and all 
 structures, erections and appliances necessary in connection therewith, 
 and to construct thereon gas plant and works or both of said works 
 or plants or other public utilities. 
 
 Sec. 2. How Approved. That no such gas plant or works or other 
 public utility shall be constructed or purchased or money be appro- 
 priated therefor until such proposition shall have been approved by a 
 majority of three-fifths of all the qualified taxpayers of said city voting 
 upon said question either at any charter election or at a special elec- 
 tion called by the commission for that purpose, at such time and in 
 such manner as said commission shall specify. 
 
 Sec. 3. Commission May O.perate Plant, Fix and Collect Rates. And 
 in case said commission shall either construct or purchase any such gas 
 plant or other public utilities, or shall have authority to operate the 
 same for public and commercial purposes, and shall have power to fix 
 rates for and authority to collect the same in action in assumpsit, in 
 the name of the city, in any court of competent jurisdiction; and all 
 moneys received therefrom shall be paid into and credited to the general 
 fund of the city, and the commission shall also have power to make 
 rates and regulations by ordinances or otherwise, as may be necessary 
 to give effect to this chapter. 
 
 CHAPTER 35. 
 
 CONDUITS AND POLES. 
 
 Section 1. Power of Commission Relative to Conduits and Poles. 
 
 If at any time hereafter the commission deem it best to adopt a gen- 
 eral plan of conduits in and under the streets, lanes, alleys and public 
 places of said city, or of conduits in a part of the streets, lanes, alleys 
 and public places of said city, and poles for the remainder thereof for 
 the purposes of containing and carrying wires and appurtenances used 
 by any telegraph, telephone, electric light, street railway company or 
 any other person, company or corporation using wires, or cables for the 
 conveyance of electricity through the streets, lanes, alleys, or public 
 places of said city for any purpose, they shall cause to be made and 
 file a definite plan of the same and of the estimated cost thereof, and 
 
 71 
 
shall submit the question of whether said plan shall he accepted and 
 adopted or not to the determination of the qualified taxpayers of said 
 city, and whether bonds should be issued, and the amount of money, 
 either at an annual city election or at a special election called therefor. 
 
 Sec. 2. May Collect Rental for the Use of Conduits or Poles. The 
 commission shall have power and authority and shall collect a rental 
 for the use of said conduits or said poles when owned by the city and 
 make rules and regulations as to the use. 
 
 Sec. 3. Corporation to Build Conduits. If the commission shall not 
 deem it policy to build conduits as above provided, or erect poles, it may 
 by ordinance passed in the affirmative by not less than four of its 
 members compel any telegraph, or telephone or electric light company, 
 for the protection and safety of the general public, to place their wires 
 in conduits, or underground in such street or streets or part of street 
 as may be from time to time designated by the commission, the expense 
 of building and constructing the same to be borne by the company and 
 the work to be done under the supervision of the Department of Public 
 Works. 
 
 CHAPTER 36. 
 
 ELECTROLYSIS. 
 
 Section 1. Care Exercised Against Electrolysis. It shall be the duty 
 of all persons, companies, and corporations, owning, using or operating 
 any telegraph, telephone, electric light or street railroad system, or 
 any other business or occupation, using electricity, to so construct, 
 manage and maintain their plant, works and all the connections there- 
 with, as not to injure any water pipe or any other structure or property 
 of the City of Marquette, or any other person, company or individual 
 by means of such electricity causing electrolysis. 
 
 Sec. 2. Rights of People in Regard to Damages. Said City of Mar- 
 quette, or any person, company or corporation whose property has been 
 injured by any such electrical current, or electrolysis, shall have a right 
 of action against the person, company or corporation so causing or per- 
 mitting such injury for all damages, costs and expenses caused thereby. 
 
 CHAPTER 37. 
 
 CONDEMNATION OF PROPERTY. 
 
 Section 1. The city shall have the power to take private property 
 for public use and benefit for the following purposes: 
 
 (1) To open highways, streets and alleys for public use, and to 
 * extend, widen and straighten the same. 
 
 (2) To obtain sites for public buildings, structures and parks for 
 said city. 
 
 (3) To open private roads and alleys. 
 
 (4) To lay out and open public squares, spaces, market grounds 
 and parks. 
 
 72 
 
(5) To locate, place and maintain public sewers, water pipes, gas 
 pipes and electric light and power poles and wires. 
 
 (6) To fix, locate and maintain a dock line, retaining walls and 
 wharves, and levees along any stream, lake, bay or other waters within 
 the city. 
 
 (7) For any other public use or purpose within the scope of its 
 powers. 
 
 The proceedings for the taking of private property for any of the 
 purposes aforesaid shall be governed by the general laws of the state 
 relating to taking of private property for public use. 
 
 CHAPTER 38. 
 
 PLATS AND RECORDING. 
 
 Section 1. Private Plats to be Approved by Commission Before 
 Recording. No private plat of land situated in the City of Marquette 
 shall be recorded by the register of deeds of Marquette County or be 
 of any validity until approved by the commission, and such approval 
 indorsed thereon by the certificate of the clerk of said city, and a copy 
 of the plat on paper of the size prescribed by the clerk, and an abstract 
 of title, from some reliable abstract office in the County of Marquette, 
 shall be deposited at the office of the clerk of the city. No approval 
 shall be granted by the commission of any plat unless the streets 
 thereof correspond in width and* direction or are so arranged as to be 
 continuous and properly connected with the streets of the adjacent 
 parts of the city, and the streets made safe to travel upon, and before 
 action is taken by the commission the same shall be referred to the 
 Department of Public Works, who shall report in writing to the com- 
 mission whether the above has been complied with. 
 
 CHAPTER 39. 
 
 LAPSE OF TIME NO BAR TO THE CITY. 
 
 Section 1. Street. No title shall be acquired, or gained against the 
 city, to any street, lane, alley, park, common, public square, water 
 course or other public property in said city or belonging thereto by 
 means of lapse of time, encroachment, enclosure; or adverse use or 
 possession of the same. 
 
 Sec. 2. No right shall be acquired to any street, lane, alley, park, 
 common, public square, water course or other public property in said 
 city, or any part thereof, by reason that the same has been assessed as 
 private property and taxes paid thereon. 
 
 CHAPTER 40. 
 
 FINES AND FEES. 
 
 Section 1 . Fines to Be Paid Into Treasury. Neglect to Pay a Mis- 
 demeanor. Penalty. All fines for a violation of any by-law and ordi- 
 
 73 
 
nance of said city and fees received by city officials, except as herein- 
 after otherwise provided, shall be paid into the treasury of said city 
 by the officer or person receiving the same, and any person who shall 
 neglect or refuse to pay the same after the time prescribed in this 
 Charter, or in a reasonable time after demand, shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof, shall be punished by a 
 fine of not less than one hundred dollars nor more than five hundred 
 dollars, or by imprisonment in the county jail, or both such fine and 
 imprisonment, in the discretion of the court. All fines recovered for 
 any violation of any law of this state and for a violation of any by- 
 law or ordinance of said city, which the law requires to be paid to the 
 county treasurer, shall be paid to the treasurer of the County of Mar- 
 quette, and all expenses and costs of apprehending, examining, trying 
 and committing offenders against any of the laws of the state, or 
 against any such by-law or ordinance of said city, where the fines 
 recovered are by law required to be paid to the county treasurer, shall 
 be audited, allowed, and paid by the board of supervisors of the said 
 County of Marquette to the City of Marquette, the same as if such 
 expense and costs had been incurred in any township of said county. 
 
 CHAPTER 41. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 1. Old Boards Continue Until Commission Engaged. After 
 the adoption of this Charter, and until the members composing the 
 commission shall be elected and qualified and organized as a commission, 
 the common council of the city, and all the present boards and commis- 
 sions of the City of Marquette and the officers and employes under 
 them shall continue to exercise and perform the several duties and 
 have the same powers and duties as are given to each of them under 
 the Charter that this Charter supersedes. 
 
 Sec. 2. Old Boards Abolished. Subordinate Officers Continued. After 
 the organization of the commission as herein provided, the present 
 common council, consisting of mayor and aldermen, the police commis- 
 sion, the park, cemetery and street commission, the board of fire 
 and water commissioners, the light and power commission and the 
 Peter White public library, are hereby each abolished, and all of the 
 powers, rights and duties vested in them are transferred and continued 
 in the commission. The control and direction of all subordinate officers 
 under them, or either of them, are hereby transferred to the commission 
 and shall continue until changed by the commission. 
 
 Sec. 3. Acts Repealed. Saving Clause. All acts and parts of acts 
 heretofore passed inconsistent with the provisions of this Charter, are 
 hereby repealed. Nothing herein contained shall be construed to de- 
 stroy, impair, or take away any right or remedy acquired by the Char- 
 ter hereby repealed unless specifically mentioned, and all proceedings 
 commenced under such former Charter shall be carried out and com- 
 pleted and all prosecutions for any offense committed or penalty or 
 
 74 
 
forfeiture shall be enforced in the same manner in all respects and with 
 the same effect as if this Charter had not been adopted. Nothing in this 
 section contained shall be so construed as to annul or impair or affect 
 any ordinance, by-law, resolution or proceeding of said city not incon- 
 sistent with the provisions of this Charter, and the same shall continue 
 and be in full force until the same shall be amended or repealed as 
 fully as though this Charter had not been adopted. 
 
 Sec. 4. Rights, Demands, etc., to Belong to City. All personal prop- 
 erty and real estate, franchises, rights, credits, and effects whatsoever, 
 and all and every right or interest therein belonging to the City of 
 Marquette under and by virtue of any former Charter, shall fully and 
 absolutely Jjelong to the corporation hereby created, and all demands 
 due and to grow due to the same shall be continued by this Charter, 
 saving, nevertheless, to all and every person his or their just rights 
 therein, and all and singular the estates and rights as aforesaid shall 
 be fully vested in the corporation hereby created and continued, and 
 every person who is or shall be possessed thereof, shall deliver the same 
 to the City of Marquette, with all moneys, deeds, evidences of debt, 
 property, books, papers or records touching or concerning the same 
 when legally required so to do. Said city may bring suit in its cor- 
 porate name for the recovery of same; and the corporation hereby 
 created and continued shall be liable for and pay all debts due from, 
 or claims, or demands against the City of Marquette, heretofore exist- 
 ing, and all contracts or agreements heretofore made or entered into 
 by the corporate authorities of the City of Marquette shall be and the 
 same are hereby made binding and obligatory upon the corporation 
 hereby created and continued. 
 
 Sec. 5. The Charter Public Act. This Charter, when approved by the 
 governor and the electors of the City of Marquette as provided by Act 
 No. 279 of the session laws of 1909 as amended, shall be deemed a public 
 act, and shall be favorably construed in all courts and places what- 
 soever, and can be altered and changed as provided by the statutes of 
 the State of Michigan. 
 
 Sec. 6. City offices shall be kept open during such hours as may be 
 designated from time to time by the commission. 
 
 Sec. 7. Books to Be Closed at Change of Charter. Upon the adop- 
 tion of this Charter, all the public records and books of account belong- 
 ing to the city shall be audited, closed and balanced up to such date, 
 and a new record and entry relating to such matters shall be com- 
 menced and made as of the day when this Charter becomes operative. 
 
 Sec. 8. Date of Taking Effect. If adopted, this Charter shall take 
 effect on the 29th day of December, 1913. 
 
 Sec. 9. First Election. The first election for mayor and commis- 
 sioners held hereunder shall be held on the fourth Monday in January, 
 1914, and the term of the mayor and commissioners so elected shall 
 terminate as follows: Mayor, January 2nd, 1919; the commissioner 
 receiving the highest number of votes, January 2nd, 1918; the com- 
 missioner receiving the second highest number oT votes, January 2nd, 
 
 75 
 
1917 ; the commissioner receiving the third highest number of votes, 
 January 2nd, 1916; the commissioner receiving the fourth highest num- 
 ber of votes, January 2nd, 1915; and the mayor and commissioners so 
 elected shall take office on the first Monday in February following said 
 election, and shall meet as soon as may be thereafter and organize as in 
 this Charter provided. 
 
 CHAPTER 42. 
 
 SUBMISSION. 
 
 Section 1. Submission. This Charter shall be submitted to the elec- 
 tors of the City of Marquette, for approval or rejection, at the Charter 
 election held on the twenty-ninth day of November, 1913. 
 
 Sec. 2. Notice of Election. The recorder of the city shall give notice 
 of said submission in the same manner and for the same time that 
 notice is now given for Charter elections. He shall provide ballot 
 boxes at each of the several voting precincts, and the board of inspectors 
 shall keep a list of the electors voting. 
 
 Sec. 3. It shall be- the duty of the mayor, city council and the city 
 clerk and other officers in office when this Charter is adopted, to comply 
 with all the requirements of this Charter relating to nominations and 
 elections, to the end that all things may be done necessary to the nom- 
 ination and election of the first officers to be elected under this Charter 
 according to the provisions hereof. 
 
 Sec. 4. Ballots. The recorder shall prepare the ballots and supply 
 each precinct with a sufficient number of ballots. 
 
 The ballots shall read: 
 
 For the revised Charter Yes [ ] 
 
 For the revised Charter No [ ] 
 
 and the elector shall mark his vote with a cross in the square opposite 
 the word expressing his choice. 
 
 Sec. 5. The inspectors of the election in the several precincts shall 
 make their returns, and the common council of the city shall canvass 
 and declare the result of said election in the manner and time provided 
 by the Charter of the City of Marquette now in force for return and 
 canvass of votes at charter elections. 
 
 Sec. 6. If the majority of the votes cast on the question shall show 
 in the affirmative, the common council of the City of Marquette shall 
 declare that the same has been adopted, and shall immediately there- 
 after call the primary and municipal Charter elections hereinbefore 
 provided for. 
 
 76 
 
Meeting of the Board of Charter Commissioners of the City of Mar- 
 quette duly called and held at the City Hall, in said city, on the 27th day 
 of August, A. D. 1913. 
 
 By Commissioner J. H. Godwin: 
 
 Resolved, That the Board of Charter Commissioners of the City of 
 Marquette does hereby adopt the foregoing proposed Charter as pre- 
 sented at this meeting of the Board of Charter Commissioners, and that 
 the same be presented to the governor of the state for his approval in 
 accordance with the statutes of the State of Michigan. 
 
 Further Resolved, by the commission, that November 29th, A. D. 
 1913, be and the same is hereby fixed as the time for the submission of 
 said proposed Charter to the electors of the City of Marquette, in case 
 the same shall be 'approved by the governor of the Statte of Michigan. 
 
 Further Resolved, That preliminary to the submission of the said 
 proposed Charter to the electors of the City of Marquette, the same be 
 published in both of the daily newspapers of the City of Marquette at 
 least sixty days before the said 29th day of November, A. D. 1913, and 
 that twelve hundred copies be published in pamphlet form to be dis- 
 tributed from the office of the recorder of said city. 
 
 Approved : 
 
 JOSEPH C. GANNON, Chairman. 
 
 CHARLES E. BROWN. 
 
 HARLOW A. CLARK. 
 
 J. H. GODWIN. 
 
 J. E. LAUTNER. 
 
 GEO. A. McKEREGHAN. 
 
 WILLIAM A. ROSS. 
 
 W. J. SMAIL. 
 
 Approved: WOODBRIDGE N. FERRIS, 
 
 Governor. 
 
 I, Daniel S. Donovan, recorder of the City of Marquette, Michigan, 
 hereby certify that on the 24th day of May, 1913, eight 
 commissioners, viz: Joseph C. Gannon, Charles E. Brown, Harlow A. 
 Clark, J. H. Godwin, J. E. Lautner, George A. McKereghan, William A. 
 Ross and W. J. Smail, were duly elected commissioners to prepare and 
 propose a revision of the Charter of the City of Marquette; that on the 
 3rd day of June, 1913, all of said commissioners duly qualified and elect- 
 ed Joseph C. Gannon chairman, and proceeded to prepare a revision of 
 the Charter of said city, all in accordance with Act 279 of the Public 
 Acts of 1909. 
 
 I further certify, that at a meeting of the said commissioners duly 
 called and held on the 27th day of August, A. D. 1913, the foregoing 
 resolutions were unanimously adopted by the said commissioners, and 
 that said resolutions and the foregoing proposed Charter were filed by 
 
 77 
 
the said commissioners in my office on the 28th day of August, A. D. 
 1913. 
 
 Witness, my hand and the official seal of the City of Marquette this 
 28th day of August, A. D. 1913. 
 
 DANIEL S. DONOVAN, 
 
 Recorder of the City of Marquette. 
 
 78 
 
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