wards as now established shall remain until they are changed as herein provided.

(f) To select and appoint three qualified electors of the city as inspectors of election for each election precinct thereof. Such inspectors and such other assistants, clerks, registrars or supervisors as may be appointed by the commission shall constitute the board of election inspectors for such precinct. Such appointments shall be made from a list of citizens who are properly qualified to discharge the duties of election officials. Such qualifications shall be determined in such manner as shall be provided by the commission. No inspector, supervisor, registrar or other election officer so appointed shall hold any employment or other public office, except the office of notary public.

(g) To provide when necessary, for public examinations of all applicants for the office of registrar or inspector or other election official to be appointed by the commission.

(h) To remove any inspector or registrar or other employe at any time and to appoint some suitable and qualified person to act in his place.

(i) To cause the prosecution of any person whom the commission shall have good cause to believe has been guilty of violation of the election laws.

(j) To subpoena witnesses, administer oaths, adopt, prescribe and publish rules of procedure not inconsistent with the provisions of law and this charter.

(k) To act as a board of city canvassers for the canvass of votes cast at all city elections.

Legislative Power:

TITLE III.

LEGISLATIVE DEPARTMENT.

CHAPTER I.

Common Council.

Section 1. The legislative power of the city, except as reserved to the people by this charter, shall be vested in a common council, composed of nine members, to be known as councilmen, and to be elected from the city at large in the manner herein prescribed.

Election and Term of Office:

Sec. 2. At the city election to be held in the year 1918, the members of the council shall be elected for a term of three years from and after the second Tuesday of January thereafter. At the city election to be held in the year 1921, and every second year thereafter, nine councilmen shall be elected for the term of two years from and after the second Tuesday in January following such election.

Vacancies:

Sec. 3. If a vacancy occurs in the office of councilman more than ninety days before the time of holding the next succeeding regular November city election, and any state election, regular, special or primary, shall be held within such time, or any special city election shall be held within such time for any other purpose, the council shall order a special election to be held at the same time as such intervening election to fill such vacancy for the remainder of the unexpired term. ·

Qualifications and Compensation of Councilmen:

Sec. 4. Any person elected to the office of councilman shall be a citizen of the United States, at least twenty-five years of age and a resident of the city for at least three years. No member of the council shall hold any other civil office (except as otherwise provided in this charter), except the office of notary public. The compensation of councilmen shall be five thousand dollars per year, payable at such times and in such manner as the council may by ordinance direct.

Organization of Council:

Sec. 5. The council shall hold its first meeting on the second Tuesday in January following the regular election of members thereof. The member of the council receiving the highest number of votes at such election shall be president of the council for the ensuing two years and the member of the council receiving the next highest number of votes at such election shall be president pro-tempore of the council; and in the absence for any reason of the president or president pro-tempore of the council, or in case either of such offices shall become vacant for any reason, the member of the council who received the next highest number of votes at such election to such absentee or to the person who held such vacated office, shall be the president or president pro-tempore of the

council, as the circumstances of the case may require. The city clerk shall be the clerk of the council. The council shall adopt such rules as it may deem necessary, not inconsistent herewith, to govern its procedure, including, if it shall so order, a rule for the appointment of all committees by the council itself or by a committee thereof to be chosen by the whole body. It shall not require more than a majority vote to suspend or amend any rule of the council or to discharge any committee from the further consideration of any matter. Unless otherwise ordered, the president of the council shall appoint all committees. Before pro

ceeding to the transaction of any other business, the council shall receive the message of the mayor. (As amended September 9, 1924. In effect September 18, 1924.)

Meetings:

Sec. 6. The council shall meet daily, except Saturdays, Sundays and holidays, as a committee of the whole, for the purpose of receiving communications, complaints, petitions and reports, holding public hearings and discussing pending matters, and shall meet in regular session at least once each week, in the evening. All of such meetings shall be held at such hour as the council may by resolution determine. Special meetings may be called at any time on twenty-four hours' notice by the mayor, the presiding officer of the council, or the city clerk. The proceedings of special meetings shall be limited to the object or objects set forth in the call therefor. All meetings of the council, and of any committee thereof, shall be public.

Quorum:

Sec. 7. A majority of all the members elected to the council shall be a quorum thereof for the transaction of business, but a smaller number may adjourn from day to day. The attendance of absent members may be compelled, as provided by rule, by a majority vote of those present, whether a quorum or not.

Voting:

Sec. 8. No councilman shall vote on any question in which he is financially interested. On all other questions every councilman present shall vote, and, in case of a tie vote, the question shall be lost. On all ordinances, and on all resolutions or proceedings imposing taxes or assessments, or requiring the payment, expenditure or disposal of money or property, or creating a debt or liability therefor, and in all other matters on the demand of one member of the council, the yeas and nays shall be taken and entered on the record.

Records:

Sec. 9. All ordinances, resolutions and written proceedings of the council shall be deposited in the office of the city clerk, who shall safely keep the same. The clerk shall keep in the English language a written or printed journal record of the proceedings of the council, which record shall be signed by the president and clerk of the council. The printed record shall be preserved by the clerk in such manner as may be directed by the council as the official record of the proceedings

E

thereof, and no further record thereof shall be required to be kept. All proceedings and records shall be open to public inspection at reasonable times.

Publication of Proceedings:

Sec. 10. Such part of the proceedings of the council as it may direct may be published in one daily newspaper in the city printed in the English language, or said proceedings or any part thereof may be published in such other form as the council may by resolution prescribe.

Powers and Duties:

Sec. 11. The powers and duties of the council shall be both legislative and administrative in character.

Legislative Powers and Duties:

Sec. 12. The legislative powers and duties of the council shall be as follows:

(a) To judge of the election and qualifications of its own members; by a two-thirds vote of the members-elect to expel any of its members as herein provided; and to determine its rules and procedure.

(b) To make investigations, subpoena witnesses and compel their attendance and the production of books and papers, take affidavits and administer oaths in any matter pending before the council or any committee thereof:

(c) To prefer charges involving malfeasance or misfeasance in office, or wilful neglect of the duties of his office, against any elective or appointive officer of the city, except judges of city courts; to institute impeachment proceedings, unless in the case of an appointive officer, the mayor shall remove such officer prior thereto; to hear and determine the same; and if such officer, by a two-thirds vote of all the members-elect to the council, be found guilty of such charges, to remove him from his office:

(d) To enact ordinances to carry into effect the powers conferred and the duties imposed upon the city by the constitution and laws of the state, to make operative the provisions of this charter, and to promote the general peace, health, safety, welfare and good government of the city; and to provide for the enforcement of such ordinances and the punishment of violations thereof, but no such punishment shall exceed a fine of five hundred dollars or imprisonment for ninety days or both such fine and imprisonment, in the discretion of the court:

(e) To make an annual appropriation of money for municipal purposes and such special appropriations as may from time to time be necessary; and to provide for the payment of the debt and expenses of the city; to provide a sinking fund for the payment of bonds (other than serial or special assessment bonds) at maturity, the council shall approve in the budget of each fiscal year subsequent to the sale of said bonds and prior to the fiscal year in which they mature, a sum, to be raised by taxation, bearing the same proportionate relation to the face of the bonds as the years included have to seventy-five per cent. of the face of said bonds; in the budget of the fiscal year in which the bonds mature

the council shall approve a sum, to be raised by taxation, which, with the sums previously provided and the increment thereof, will be sufficient to pay said bonds at maturity:

(f) To borrow money upon the faith and credit of the city upon bonds to be issued as herein prescribed: Provided, that in case of exigency involving the peace, health or safety of the people of the city, loans may be authorized without issuing bonds, and the amount of such loans incorporated in the next annual budget:

(g) To provide for the management and control of all property, including streets, alleys and other public places, belonging to the city, dedicated to its use, or under its jurisdiction; to make provision for its protection, preservation, and improvement; and to authorize the construction of public buildings, buildings for public assemblages and necessary works of public improvement:

(h) To lease, sell, convey, transfer or dispose of, or to authorize the lease, sale, conveyance, transfer or disposal of any property owned by the corporation; Provided, that it shall not have the power to sell any property of a value in excess of ten cents per capita according to the last preceding United States census, or any park or cemetery, or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front, or engage in any business enterprise requiring an investment of money in excess of ten cents per capita, unless the sale thereof shall be first approved by three-fifths of the electors voting thereon at any general or special election. Provided further, the limitation of sale herein contained shall not apply to the sale of any property or real estate used or owned in connection with a public utility where the value is less than thirty cents per capita according to the last preceding United States census. On the sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire the bonds issued for said utility. (As amended September 9, 1924. In effect September 18, 1924.)

(i) To authorize the purchase or leasing of real estate or other property for the use of the city and the execution of mortgages on the same for any balance remaining unpaid on the purchase price thereof; to take private property for public use, in accordance with the provisions of law and this charter and to acquire, and to authorize the acquiring of property for municipal purposes by gift, grant, bequest or donation:

(j) To have general regulative control of all persons, partnerships, associations or corporations, operating any public utility within the city and to have power to fix rates of fares and charges which may be received in the operation of such public utilities, such powers to be exercised in the manner and with the effect prescribed in this charter;

(k) To purchase or condemn franchises and property used in the operation of companies or by individuals engaged in the cemetery, hospital, almshouse, electric light, gas, heat, water, power and transportation business; and to provide for the construction, ownership and operation within or without its corporate limits of public utilities for supplying water, light, heat and power and transportation to the municipality and