Thinks Defect Is Not Material

THINKS DEFECT IS NO MATERIAL

TELEPHONE ORDINANCE EXAMINED BY CITY ATTORNEY

If the Enactment Clause is Not Mandatory the Ordinance May be Legal

In an interview on the invalidity of the new telephone ordinance which was passed by the common council last Monday night, because of the enact. City Attorney Sawyer said Wednesday:

"I do not think the wording of the enactment clause as it reads now is a material defect in the ordinance, although I will have to look into the matter more carefully before I can give a decided opinion.

"In Michigan 57, the People vs. Murray, the Supreme Court held that the enactment clause in the ordinance which was under discussion was not mandatory. It appears to me now that the same ruling would hold in this case, although as I said before, I will have to look into it more thoroughly before I can decide."

"In case the enactment clause is defective and the ordinance is invalidated, what then? Will it have to go through three readings again before it can be passed?"

"Oh, no. The enactment clause will merely be corrected and then the ordinance will have another reading."