Current Item Information

Title

Record of Proceedings Relating to the Howell Free Public Library and Carnegie Library Building. Howell, Michigan Pages 026-027

Description

Howell Carnegie Library board minutes and ledger entries approved by the board.

RECORD OF PROCEEDINGS RELATING TO THE HOWELL FREE PUBLIC LIBRARY AND CARNEGIE LIBRARY BUILDING

Letter

STATE OF MICHIGAN
ATTORNEY GENERALS OFFICE
LANSING
Horace M. Oren
Attorney General
Henry E. Chase
Deputy Attorney General

Aug. 12, 1902

W.H.S. Wood, Esq.,
Attorney at Law,
Howell, Michigan.

Dear Sir:-

I am in receipt of your communication of the 6th inst., in which you ask first, under section 3459 C.L. 1897, should the expression 'the next
regular election' be construed to mean the November election of 1902, or, in the election of library commissioners, must you wait until the regular
township election, which will be held in April, 1903 second, may the township board proceed with the erection of a building for library purposes,
or my said board appoint commissioners to act until library commissioners are regularly elected.

Answering your first question would say, section 3459, C.L. 1897, provides: 'At the next regular election after any village or township shall have
voted to establish a free public library, there shall be elected a library board of six directors, - one-third for one year, one-third for two years, and one-
third for three years and annually thereafter there shall be elected two directors who shall hold their office for three years and until their successors
are elected and qualified which board shall have the same powers as are by this act conferred upon the board of directors of free public
libraries in cities.'

W.H.S. Wood, --#2
You will observe this language refers wholly to the elections of village and township officers. I believe that the only reasonable construction to be
placed upon the section is that the expression 'next regular election' must be understood and taken to mean the next regular election at which
township officers can be elected. If there is any doubt as to the meaning of the above expression it is made clear by the remaining language
of the section. After the first election, the language of the section provides that 'annually thereafter there shall be elected two directors,' etc.
Should the commissioners be elected in November, 1902, there could be no election annually thereafter, - there being no election provided for 1903 -
unless by calling of a special election. I am clearly of the opinion such was not the intention of the legislature, and that the commissioners should
be elected at the spring election.

In answer to your second question, I would say that by common consent it might be possible to make an arrangement whereby trustees could be
appointed to accept the money and proceed with the erection of a library building. However, as this is a case in which the facts as they actually exist
must be taken into consideration, I would not care to advise you further without having a complete understanding of all the material facts and
conditions connected with the gift.

Yours respectfully,
Henry E. Chase
Deputy Attorney General

L.-hi.-o-