The fact that a party leasing a farm or other property, and thereby guaranteeing to pay the taxes assessed thereon, would not, in my judg ment, qualify him to vote in the school district wherein the property was located, unless the interest in the property was such as to make him personally liable to the district for the tax assessed thereon, if any should be assessed. It is not apparent that it was the intent of the legislature to confer the right to vote upon others than those expressly referred to in the section above quoted. If I agree to pay taxes upon some other man's property, my liability under the law is not to the district, as the case may be, but to the individual with whom the agreement was made. I am, therefore, of the opinion, that the party referred to would not be entitled to vote unless otherwise qualified so to do. Yours respectfully, HORACE M. OREN, Justice of the peace-Office room for-Township board need not furnish-Warrant issued by justice without order of prosecuting attorney-Security for costs. ATTORNEY GENERAL'S OFFICE, P. J. LEUWER, ESQ., Justice of the Peace, P. O. Box 228. Ludington, Mich. : MY DEAR SIR--Your letter of 10, inst., received and considered. In answer thereto I desire to state that I know of no provision of law that requires the township board to furnish a justice of the peace with office The town hall evidently is under the supervision and control of the township board, and it would seem to me that it would be optional with the board whether or not you should be permitted to hold court and transact your official business therein. room. In answer to your second question relative to the giving of security for costs in criminal cases, where a warrant is issued without an order from the prosecuting attorney, I desire to call your attention to Section 7135a, Howell's Annotated Statutes, Volume 2, which reads, in part, as follows: "It shall not be lawful hereafter for justices of the peace to issue warrants in any criminal cases, except in cases not cognizable by justices of the peace, or breach of the peace committed in the presence of the officer making the arrest, until an order in writing allowing the same is filed with such justice, and signed by the prosecuting attorney for the county, or unless security for costs shall have been filed with said justice," etc. I think that this provision of the law clearly applies to a violation of the act of 1897, which requires the township board to annually publish an itemized statement of all moneys received and disbursed by it. Yours respectfully, Attorney General. Village trustees-One hold-over trustee resigned-Three new ones elected, being of different political faith from old officers. ATTORNEY GENERAL'S OFFICE, } MR. HENRY F. GUERIN, Boyne City, Mich. : DEAR SIR-Your letter of the 11, inst., received and considered. You state that at your recent village election three new trustees or members of the council were elected, and three of the old members held over; the three new members being of a different political faith from the outgoing ones; that the old council met on Tuesday, pursuant to Section 9, Chapter III, of Act No. 3, of the Public Acts of 1895, the same being an act for the incorporation of villages in this state; that at such meeting the resignation of one of the hold-over members of the council was submitted to the council and accepted, and that thereupon they proceeded to elect his successor pursuant to Section 13 of Chapter II of said act. The question is raised as to the legality of this election to fill vacancy, on the ground that the council, at their meeting, pursuant to Section 9 of Chapter III, had no authority to act on any matter, except in determining the result of the election. Section 1 of Chapter III provides that "the election shall be held on the second Monday in March in each year." Section 5 of Chapter II provides that "the trustees shall hold their offices for the term of two years from the second Monday in March, in the year when elected, and until their successors are qualified and enter upon the duties of their office." Section 4 of Chapter V provides for the holding of regular meetings of the village council, and also for the calling of special meetings, and contains this proviso: "That if all of the members of the council shall be present at any special meeting without proper notice, such notice shall be deemed to have been waived." An examination of the several sections of the law above cited seems to indicate that the several trustees of the village are vested with the power and authority to exercise any and all of the privileges conferred upon them by the law, up to the time of the qualification of their successors. The statute itself does not limit the business to be transacted by the council at their meeting on Tuesday following the election, to the canvassing of the returns and the determination of the result of the election. Taking into consideration the fact that the several trustees of the village shall have full power in the premises until such time as their successors are elected and qualified. I am inclined to the opinion that the action of the village council, in electing to fill a vacancy, would be held legal and proper, under the circumstances in this case. Yours respectfully, HORACE M. OREN, Village ordinance-Publication of in newspaper. ATTORNEY GENERAL'S OFFICE, MR. M. J. JORDAN, Attorney at Law, Middleville, Mich. : MY DEAR SIR-Your letter of 12, inst., received and considered, with reference to the publication of an ordinance passed by a village council, pursuant to Chapter VI, Section 4 of Act No. 3, of the Public Acts of 1895, the same being an act for the incorporation of villages in this state. In answer to your letter, I desire to say that this department has ruled on several occasions that one insertion of such ordinance in a newspaper published in the village, within one week after the passage of the ordinance, is a sufficient compliance with this provision of the act in question. Yours respectfully, HORACE M. OREN, Military board-Powers of, to contract for modern rifles for National guard – Assignment of a contract, when. ATTORNEY GENERAL'S OFFICE, HON. A. F. MARSH, Inspector-General, Lansing. April 14, 1899. DEAR SIR-Your communication of 14, inst., received and considered, whereby you submit for my consideration the following: "On behalf of the State Military Board, I wish to inquire of you as to what powers the Military Board has generally, to enter into a contract for the purchase of rifles for the use of the National Guards.” "Secondly. Will you kindly inform the board whether or not under the laws of this State, the Military Board is competent to assign a contract, heretofore entered into with John Henry Blake, for the purchase of Blake rifles, which contract has not been fulfilled by said Blake?" "Thirdly. Are there any legislative enactments limiting the board in purchasing rifles to any particular kind of rifle?" "In other words, has the Military Board power to make a contract for the purchase of modern rifles for the National Guards-within its regular appropriation, such contract to include an assignment of the present contract with John Henry Blake, who practically defaulted?" Section 1606 of the Compiled Laws of 1897, provides in part as follows: "There shall be a State Military Board consisting of the Adjutant General, Inspector General, and Quartermaster General. The State Military Board, in addition to the duties already prescribed, will constitute an advisory body to the commander-in-chief on all the military interests of the State; they shall inspect and report to the commander-in-chief on all estimates and accounts of and for the National Guard, and audit all claims and accounts of a military character against the State; and no contract on behalf of this State, exceeding an expenditure of two hundred dollars for military purposes authorized by this act, shall be valid against the state until the same shall be approved by said board," etc. Section 4, Article V, of the Constitution of this State provides that "the Governor shall be commander-in-chief of the military and naval forces," etc. Section 1579 of the Compiled Laws of 1897 provides that, "When the militia are ordered out, or have volunteered, and while they are in actual service," etc., "the State shall furnish arms, ammunition, clothing and equipment for each non-commissioned officer and private, as may be deemed necessary by the commander-in-chief.” Section 1668 of the Compiled Laws of 1897 provides: . "Whenever the State troops shall be in active service, the commanderin-chief is hereby empowered, through the proper military dpartment, to purchase and distribute all necessary military stores, whether of subsistence, clothing, pay, medicine, field and camp equipage, arms, means for transportation, munitions and equipments which shall be properly accounted for to the legislature." Section 1668 of the Compiled Laws of 1897 provides: "All expenses incurred for the maintenance of the military forces of this State, by virtue of any of the provisions of this act, shall be paid by the State Treasurer from and out of the State Military fund, in the State Treasury, upon the warrant of the Auditor General." There are several other sections of the law that impose upon the State Military Board certain duties, but the above provisions practically cover their general powers with reference to contracting, etc., for military supplies. Upon a careful examination of the laws of this State, I am unable to find that the State Military Board or the commander-in-chief of the military forces of the State are in any way restricted in the purchasing of arms, to any particular kind or make of rifle. I am of the opinion that the State Military Board, under the provisions which I have cited, and the general laws of this State, have full authority to purchase and contract for, upon the recommendation or advice of the commander-inchief, such rifles for the use of the National Guard in this State as they, in their judgment, may deem advisable, the same to be paid for out of the military fund of the state. If they have this authority to contract, they would also, upon the advice and consent of the commander-in-chief, have full authority to assign a contract, when the best interests of the State and the military forces thereof would be best subserved thereby. I believe that, under the laws of this State and the authority vested in the State Military Board thereby, the said board, with the advice and consent of the commander-in-chief, would not only have the right, but it would be their duty to purchase modern rifles, if possible to obtain them, and the same would apply to other military équipments. The State Military Board having entered into a contract with John Henry Blake, the provisions of which the said Blake has failed to comply with, I can see no reason why the State Military Board would not have full authority to assign said contract, upon the advise and consent of the commander-in-chief. The contract, as I understand it, was entered into at a time when the military forces of the State were engaged in actual service; and it was then and now is essential that they be equipped with proper and suitable arms, and the authority to so purchase or contract for military supplies is vested in no other officer or department of this State. Yours respectfully, HORACE M. OREN, Attorney General. Noxious weeds-"May appoint" commissioners for the destruction of "May" not construed as must or shall, when. MR. GILBERT J. COLE, Bancroft, Mich. : ATTORNEY GENERAL'S OFFICE, } DEAR SIR-Your letter of 12, inst., received and considered, whereby you call attention to Act No. 249 of the Public Acts of 1897,-the same being "An act to provide for the appointment of township, city and village commissioners for the destruction of noxious weeds," and ask if the words "may appoint," as used in section one of said act, mean "shall appoint." The general rule as laid down by the authorities on "construction of statutes," where power is given to public officers by statute and the language used is permissive in form, is, that whenever the public interest or individual rights call for its exercise, if the term "may" is used, it is peremptory and means must or shall. All of the various rules of construction, however, are subject to the intent of the legislature, as dis closed by the particular language used in the statute. Section 1 of the act in question provides, in part, as follows: "That in any township, village or city in this State, the township board, village or city council, on or before the first day of May in each year, may appoint a commissioner known as a commissioner for the destruction of noxious weeds," etc. A careful examination of this language seems to disclose the fact that it was the intent of the legislature to make the appointing of such a commissioner discretionary with the township board, village or city council, as the case may be; and, in my opinion, the act in this respect should be so construed. It is quite evident that in many sections in this state, the appointing of such a commissioner would be absolutely unnecessary; and, from the language used, I do not think it can be inferred that the legislature intended to require every township, village and city in this state to appoint such officer, regardless of the necessity therefor. If, in the exercise of a sound discretion, a township board, village or city council should deem it unnecessary to appoint such a commissioner, under the act in question, I am of the opinion that they would not be required to make such appointment. Yours respectfully, HORACE M. OREN, |