USA > Michigan > A History of Northern Michigan and Its People, Volume I > Part 15
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Barnum, Ezra C .; Petoskey, Emmet; 1895, '97, '98. *Barton, Walter W .; Leland, Leelanau; 1887.
* Also representative
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Bell, George W .; Cheboygan, Cheboygan; 1879. Burch, Marsden C .; Hersey, Osceola; 1877. Cannon, Ellery Channing; Evart, Osceola; 1901, '03.
Carton, Augustus C .; East Tawas, Iosco; 1907. Chittenden, Clyde C .; Cadillac, Wexford; 1895. Cobell, George G .; Traverse City, Grand Traverse; 1897. Doherty, Alfred J .; Clare, Clare; 1901, '03, '05. *Fairbanks, Earl; Luther, Lake; 1907, '09. *Farr, Augustine W .; Onekama, Manistee; 1901, '03, '05. Forsyth, Alexander; Standish, Arenac; 1897, '98. Foster, Eugene; Gladwin, Gladwin; 1909. *Francis, Wm. H .; Frankfort, Benzie; 1885. Fridlender, Charles A .; Oscoda, Iosco; 1891, '92.
Giddings, J. Wight; Cadillac, Wexford; 1887, '89. Gilbert, Peter; Sterling, Arenac; 1891, '92. Gullifer, Freeman O .; Au Sable, Iosco; 1883. Harshaw, Andrew; Alpena, Alpena; 1887, '89.
Henry, Charles R .; Au Sable, Iosco; 1885.
Hickock, James W .; Walton, Grand Traverse; 1853.
Holcomb, James E .; Wolverine, Cheboygan; 1891, '92. Leavitt, Roswell; Bellaire, Antrim; 1889.
McMullen, Daniel P .; Cheboygan, Cheboygan; 1899, '00, '01. Mears, Charles; Lincoln, Mason; 1863, '64. Mears, William J .; Boyne Falls, Charlevoix; 1893.
tMilliken, James W .; Traverse City, Grand Traverse; 1898, '99, '00.
"Ming, Fred R .; Cheboygan, Cheboygan; 1907, '09.
*Mitchell, Wm. H .; E. Traverse Bay, Gd. Traverse; 1873, '4, '5.
*Moffatt, Seth C .; Northport, Leelanau; 1871, '72.
Moffatt, Orlando C .; Traverse City, Gd. Traverse; 1903, '05.
Palmer, Ambrose E .; Kalkaska, Kalkaska; 1901.
Pierce, Charles S .; Oscoda, Iosco; 1893.
Prescott, George A .; Tawas City, Iosco; 1895, '97, '98.
Prindle, Frank L .; Gladwin, Gladwin; 1891, '92.
Smith, Alvah G .; Lake City, Missaukee; 1899, '00. *Turnbull, James D .; Alpena, Alpena; 1893.
Walker, James B .; Benzonia, Benzie; 1865.
Wesgate, Ansel W .; Cheboygan, Cheboygan; 1887.
Wetmore, Fred C .; Cadillac, Wexford; 1907, '09.
Wheeler, A. Oren; Manistee, Manistee; 1891, '92, '95.
Wilkinson, Robert R .; Eastport, Antrim; 1891, '92.
Williams, Fitch R .; Elk Rapids, Antrim; 1877. *Woodruff, Henry; Farwell, Clare; 1885.
REPRESENTATIVES
Agens, M. Levy ; Ludington ; Mason; 1905, '07, '09. Alexander, Sylvanus; Wexford; Wexford and Lake; 1889, '01, '02.
* Also representative.
fElected to fill vacancy caused by resignation of George G. Cobell, of Traverse City.
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Ashton, Benjamin D .; Traverse City; Grand Traverse and Kal- kaska; 1887.
Austin, Daniel; Ludington; Mason; 1889.
Bagot, Richard W .; Elk Rapids; Antrim, Charlevoix and Kalkaska ; 1893.
Baker, Herbert F .; Weadock; Cheboygan; 1907, '09.
Baldwin, Frank A .; Gaylord; Alpena, Montmorency and Otsego; 1887.
Barry, John A .; Harrietta; Wexford; 1907.
Bishop, Roswell P .; Ludington; Mason; 1883, '93.
Blacker, Robert R .; Manistee; Manistee; 1883, '85.
(b) Blakely, Abraham R .; Alpena; Alpena, Montmorency, Otsego, Oscoda and Crawford; 1893.
Bolton, Earl B .; Gaylord; * Alpena and Presque Isle; 1901, '03.
Bonnell, Benjamin C .; Pioneer; Wexford, Lake, Kalkaska and Missaukee; 1883.
Brott, Charles A .; South Boardman; Missaukee; 1907.
Bunting, Archibald F .; Empire; Leelanau; 1905, '07.
Burdick, Noah W .; Mancelona; Antrim; 1899, '00, '07, '09.
Burt, Edwin; Isabella City : Isabella, Montcalm and Clare; 1863, '64. Caldwell, John; Monton; Wexford; 1897, '98.
Campbell, H. Frank; Sherman; Wexford, Missaukee and Clare; 1893, '95.
Campbell, Thomas G .; Gladwin; * Midland and Clare; 1901. '03. Canby, Israel; Harbor Springs; Emmet, Cheboygan and Charle- voix ; 1883.
Canfield, Irvin S .; Alpena; Alpena ; 1905.
+ Cannon, Ellery C .; Evart; * Osceola and Osceola and Missaukee 1885, '07.
Case, Arthur T .; Homestead; * Leelanau, Antrim and Benzie and Leelanau and Benzie; 1885, '07.
Cathro, John J .; Alpena; Alpena, Crawford, Osceola and Otsego; 1895.
(c) Chafey, Merrit N .; Manistee; Manistee and Mason; 1873. Chandler, David G .; Traverse City; Grand Traverse; 1909.
Churchill, Worthy L .; Alpena; Alpena, Iosco, Ogemaw, Alcona, Oscoda, Montmorency, Presque Isle, and Cheboygan; 1875.
Clark. Jasper N .; Poulson; Mason ; 1895, '7, '9.
Cole, William B .; Ludington; Manistee and Mason; 1875.
+Comstock, Horace H .: Otsego; Allegan; 1849.
Cummins, George J .; Harrison; Clare; 1909.
tCurtis, William L .; Petoskey; Cheboygan; 1901.
Cutcheon, Otis E. M .; Oscoda; Midland, Iosco, Gladwin. Roscom- mon and Ogemaw; 1881, '82.
Dafoe, Lemuel G .; Alpena; Alpena, Montmorency and Otsego; 1891, '92.
Decker, Freeman L .; Lake City; Missaukee; 1905, '09.
* Two districts.
tAlso senator.
(b) Vice George W. Swift, resigned.
(c) Resigned before extra session of 1874 and succeeded by Andrew J. Dovell.
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Dennis, Orville; Lake City; #Wexford and Missaukee; 1901, '03.
Dixon, John S .; Charlevoix; Emmet, Manistee, Grand Traverse, Leelanau, Antrim, Otsego, Crawford, Kalkaska, Missaukee and Wex- ford; 1863, '64.
Double, Thomas E .; Vienna; Presque Isle; 1905, '07.
Dougherty, Archibald K .; Elk Rapids; Charlevoix, Antrim and Manitou; 1887.
(d) Dovell, Andrew J .; Manistee; Manistee and Mason; 1874.
Dundass, Robert W .; Ludington; Mason and Lake; 1881, '2.
Dunlap, Abijah B .; Traverse City; Grand Traverse; 1865, '67.
Dyer, Walter R .; Standish; Iosco, Alcona and Arenac; 1889. tFairbanks, Earl; Luther; Wexford; 1903, '05.
fFancher, Isaac A .; Mt. Pleasant; Midland, Isabella, Gladwin, Clare and Roscommon ; 1873, '74.
+Farr, Augustine W .; Onekama; Manistee; 1877.
Fenton, Charles B .; Mackinac; Mackinac, Cheboygan, Chippewa, Emmet and Presque Isle; 1867, '71, '72.
Ferguson, Thomas A .; Sherman; Grand Traverse, Wexford, Mis- saukee, Kalkaska, Crawford and Manitou; 1873, '4, '5.
Ferris, Jacob; Greenville; Montcalm, Isabella, Osceola and Clare; 1859.
Fleischhauer, Alfred M .; Reed City; Osceola ; 1897, '98, '99, '00. Foster, William H .; Traverse City; Grand Traverse; 1897, '98, '99, '00.
Francis, James; Alpena; Alpena; 1903.
tFrancis, William H .; Frankfort; Leelanau and Benzie; 1879. Fraser, Charles L .; Petoskey; Charlevoix, Emmet, Antrim, Otsego and Manitou; 1881, '82.
Gargett, James; Alma; Gratiot, Midland, Gladwin and Roscommon ; 1863. '64.
Gerrish, Nathaniel L .; Hersey ; Mecosta, Osceola and Lake; 1875. Gibbs, James L .; Mayfield; * Grand Traverse and Wexford and Grand Traverse and Manitou; 1877, '85.
Gibson, John; Detroit; Wayne; 1871, '72.
Gillam, George E .; Harrisville; Iosco; 1897, '98, '99, '00.
Gray, Humphrey S .; Ludington; Mason; 1899, '00.
Green, Edward H .; Charlevoix; Charlevoix, Antrim, Emmet, Mack- inac and Otsego; 1873, '4, '5.
Gustin, Henry K .; Alpena; Alpena; 1897, '98, '99, '00.
(f) Hall, De Vere; West Branch; Ogemaw, Crawford, Oscoda and Roscommon; 1891.
Halladay, Frayer; Ashton; Osceola; 1903.
Hampton, Charles S .; Harbor Springs; Emmet, Charlevoix and Cheboygan; 1885.
Hannah, Perry; Traverse City; Grand Traverse; 1857.
Harley, Charles I .; Riverton; Mason; 1901, '03.
Harley, William; Scottville; Mason; 1891, '92.
*Two districts.
( d) Vice Merrit N. Chafey, resigned.
fAlso senator.
if) Seat vacated by removal from district before extra session of 1892.
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Harris, William; Norwood; Antrim; 1889, '95, '97, '98.
Hart, Henry; Midland City; Midland, Isabella, Gladwin, Clare and Roscommon ; 1875.
Hoeft, John, Jr .; Rogers; Presque Isle; 1909.
Holden, Dennison F .; Oviatt; Leelanau and Benzie; 1891, '92.
Hoobler; Samuel R .; Worth; Iosco, Alcona and Arenac; 1887.
Hosner, Orcott V .; Frankfort; Leelanau and Benzie; 1873, '74.
tHowell, William T .; Hillsdale; 1842; Newaygo, Mecosta, Lake, Os- ceola and Mason; 1861, '2, '3.
Huntley, Victor F .; Manton; Wexford; 1909.
Jackson, Andrew; Sault Ste. Marie: Cheboygan, Mackinac, Chip- pewa and Schoolcraft; 1879.
Kelley, Louis L .; Farwell; Clare; 1905, '07.
Kelley, Robert J .; Alpena; Alpena, Alcona. Presque Isle, Oscoda and Montmorency ; 1877.
Knight, Richard; Atwood; Leelanau, Antrim and Benzie; 1883. Lockwood, James K .; Alpena; * Midland, Alpena, Iosco and Isa- bella, 1867; and Alpena, Alcona, Cheboygan, Iosco, Montmorency, Oge- maw, Oscoda, and Presque Isle, 1873, '74.
Lonsbury, Philo M .: Reed City; Lake and Osceola ; 1895.
Markey, Daniel P .; West Branch; #Iosco, Otsego, Crawford, Os- coda, Alcona and Ogemaw, 1885; and Ogemaw, Crawford, Oscoda, and Roscommon, 1887.
Marsh, William D .; Midland; Midland, Clare and Gladwin; 1891. '92.
Martin, E. Broox; Reed City; * Osceola. Kalkaska, Missaukee and Crawford, 1881, '82; and Osceola, 1883.
Marvin, Dighton R .; Hersey; Osceola ; 1905.
Maxwell, Andrew C .; Bay City; Bay, Alcona, Alpena, Cheboygan, Iosco, Montmorency, Ogemaw, Oscoda and Presque Isle; 1865.
McArthur, William; Cheboygan; Cheboygan, Mackinac, Chippewa and Schoolcraft; 1877.
McCarthy, John J .; Standish; Iosco; 1903, '05, '07.
McFadzen. William H .; Oak Hill; Manistee; 1909.
McGovern, Daniel; Tustin ; Osceola and Missaukee; 1891, '92.
tMing, Fred R .; Cheboygan; Cheboygan; 1905.
Mitchell, William H .; E. Traverse Bay; * Grand Traverse. Mason. Lake, Manistee, Leelanau, Manitou, Antrim, Otsego, Crawford, Kal- kaska, Missaukee, Wexford and Benzie; 1869, '70; Grand Traverse, Ma- son. Lake, Manistee, Leelanau, Manitou, Antrim, Otsego, Crawford, Kal- kaska, Missaukee, Wexford, Benzie and Charlevoix; 1871, '72.
tMoffatt, Seth C .; Traverse City; Grand Traverse and Wexford; 1881, '82.
Monroe, James H .; Traverse City; Grand Traverse; 1903, '05. '07. Orth, George; Au Sable; Iosco, Alcona and Arenac; 1891. '92.
Oviatt, George; Chase; * Wexford, Lake, Kalkaska and Missaukee and Wexford and Lake, 1885, '87.
* Two districts
¡Also senator.
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Paddock, Robert W .; Charlevoix; Charlevoix; 1903.
Pailthorp, Charles J .; Petoskey; Charlevoix, Antrim, Emmet, Ot- sego and Manitou; 1879.
Palmer, Oscar; Grayling; Iosco, Crawford, Otsego, Ogemaw, Osceola and Alcona; 1883.
Palmer, Walter H .; Reed City; Osceola, Kalkaska, Missaukee and Crawford; 1877, '79.
Pearson, William J .; Boyne Falls; Charlevoix; 1909.
Perry, Charles W .; Pierport; Manistee; 1895, '7, '8.
Perry, John M .; Tustin ; Osceola; 1907, '09.
Persons, Alonzo E .; Alpena; Alpena; 1861, '62.
tPost, Floyd L .; Coleman; Midland, Gladwin and Roscommon ; 1885. Potter, Edward K .; Alpena; Alpena, Montmorency and Otsego; 1889.
Probert, William; Bear Lake; Manistee; 1879, '89.
Ramsdell, Thomas J .; Manistee; Manistee; 1861, '62.
Read, J. Herbert; Copemish; Manistee; 1899, '00, '01, '03, '05.
Reader, George H .; Scottville; Mason; 1887.
Reynolds, Richard B .; Inland; Leelanau; 1903.
Rice, William E .; Rogers City; Cheboygan, Emmet, Presque Isle and Manitou; 1895.
Richards, George D .; Wolverine; Cheboygan; 1903.
Robinson, George J .; Alpena; Alpena, Presque Isle and Montmo- rency ; 1883.
tSeymour, Henry W .; Sault Ste. Marie; Cheboygan, Chippewa, Schoolcraft and Mackinac; 1881, '82.
Sharpe, Albert E .; East Tawas, Iosco; 1901.
Shephard, Frank; Cheboygan; Cheboygan; 1897, '98, '99, '00.
Slosson, Willis M .; Reed City; Osceola and Missaukee; 1889.
Stone, Clement W .; Houghton; Midland, Iosco, Gladwin, Ogemaw and Roscommon; 1877.
Stroud, Alonzo J .; Horton Bay; Charlevoix; 1905, '07.
Tinklepaugh, Jacob N .; Kalkaska ; Gd. Traverse and Kalkaska; 1889, '91, '92.
Totten, William D .; Kalkaska; Antrim; 1901.
Turner, Stanley W .; Mason; * Ingham, 1877; and Ogemaw, Craw- ford. Oscoda and Roscommon, 1889.
Utley, William S .; Big Prairie; Newaygo, Mecosta, Lake, Osceola and Mason; 1865.
Van Kleeck, James; Midland City; Midland, Gladwin and Roscom- mon ; 1883.
Vinton, David, Jr .; Williamsburg; Grand Traverse and Manitou; 1883.
Wachtel, Philip B .; Petoskey; * Cheboygan, Emmet and Presque Isle, 1889, '91, '93; and Cheboygan, Emmet, Presque Isle and Manitou, 1893.
Warner, Dwight G. F .; Frankfort; Leelanau; 1909.
*Two districts.
tAlso senator.
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Wendell, Jacob A. T .; Mackinac; ** Mackinac, 1855; Mackinac and Manitou, 1865; Mackinac, Cheboygan, Chippewa, Emmet and Presque Isle, 1869, '70.
Williams, Charles W .; Kassan; Leelanau and Benzie; 1889. Wing, Giles M .; Manistee; Manistee; 1881, '82.
Wright, Charles R .; St. James; Manitou; 1861, '62.
Yeo, William T .; West Branch; Iosco; 1909.
* * Three districts.
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CHAPTER V
BENCH AND BAR
TERRITORIAL SUPREME COURTS-THE LOWER COURTS-TERRITORIAL CIRCUIT COURTS-UNDER THE 1850 CONSTITUTION-UNDER THE 1909 CONSTITUTION-JUSTICE A. V. MCALVAY-CIRCUITS AND JUDGES- HISTORY OF SETTLED JURISDICTION-THE CASE AGAINST KING STRANG -EARLY PRACTICE IN GRAND TRAVERSE REGION-JUDGES LITTLEJOHN AND RAMSDELL-COURTS AND LAWYERS IN CHEBOYGAN COUNTY- -EARLY JUSTICE IN EMMET COUNTY-FIRST JUDGES AND LAWYERS IN ALPENA COUNTY-MANISTEE COUNTY'S FIRST LAWYER-JUDGE RAMSDELL'S REMINISCENCES-IN LEELANAU AND ANTRIM COUNTIES -CIRCUIT COURT OPENED IN CHARLEVOIX COUNTY-THE FIRST LAW- YER-TWENTY-EIGHTH CIRCUIT AND WEXFORD COUNTY-KALKASKA BENCH AND BAR-IOSCO COUNTY-MICHIGAN STATE BAR ASSOCIA- TION.
As a matter of historic investigation it is of interest to trace the origin of the various courts of justice which have extended their juris- diction over the northern half of the southern peninsula of Michigan. Reference has already been made to the Quebec act of 1774 which pro- vided that the civil law of Paris and the criminal law of England should prevail in that region as well as the country farther to the north and northwest. So although it may satisfy historic curiosity to know that William Dummer Powell, afterward chief justice of Upper Can- ada, was the first to preside over the court which sat at Detroit until 1796, when Jay's treaty went into operation, it is well understood that Northern Michigan was virtually an unpeopled region and was little affected by the supreme court and courts of common pleas and quarter sessions which convened in that city, the seat of justice from 1778 of the Canadian "district of Hesse.".
TERRITORIAL SUPREME COURTS
By the ordinance of 1787 the Northwest territory was provided with a governor, secretary and three judges, who composed the su- preme court which held sway over the Northern Michigan of today. The judges, with the governor, constituted a legislature empowered to compile laws selected from the statutes of the original states, but not to enact original laws. The new territory acquired by the Jay treaty, which included all of Michigan and Wisconsin containing any
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settlements, was attached to the Northwest territory as the county of Wayne, and it was during the year when that treaty became operative (1796) that the authorities made the first appropriation ($85) for a court in Detroit after Michigan came under control of the United States. One session of the supreme court was held in that city annually and John C. Symmes, the presiding judge who lived in Cincinnati, never missed a session until the Northwest territory was dismembered by the setting off of Ohio in 1800.
The territory of Michigan was set off from Indiana in 1805, a sep- arate government modeled after that of the Northwest territory being created on June 30th of that year. Under the provisions of its con- stitution the supreme court consisted of a chief and two associate jus- tices appointed by the president of the United States. The judge hold- ing the earliest commission was named chief justice, or if two held commissions of the same date the oldest judge was placed at the head of the court. The term of office depended solely on "good behavior." No radical change was made in the provisions governing the organiza- tion and jurisdiction of the supreme court until 1824, Augustus B. Woodward having served as chief justice during the entire period and James Witherell as one of his associates.
TERRITORIAL DISTRICT COURTS
At first the supreme court had original jurisdiction in all cases in- volving the title to land, capital criminal cases, and divorce and ali- mony suits, and afterwards in all cases to which the United States was a party, as well as all actions of ejectment. During the existence of the district courts, from 1805 to 1810, jurisdiction in civil matters in- volving sums to exceed $500 was divided, and after the organization of county courts in 1815 the supreme court had jurisdiction over eject- ment and civil actions when more than $1,000 was in controversy. "It also determined all legal questions arising in circuit courts on motion for new trial, in arrest of judgments or cases reversed, and issued writs of error to circuit and county courts."
Soon after the organization of the territorial government, on July 25, 1805, an act was adopted establishing three distinct courts to be held by the judges of the supreme court, one annual term to be held for the district of Michilimackinac. Demands exceeding $20 were to be adjudicated by that court. In 1807 two associate judges, residents of the district, were added to the members of the court, but proved really of small assistance in the settlement of controversies. There is on record in the archives at Fort Mackinac a commission issued to Sam- uel Abbott, dated July 10, 1807, as associate justice of the district court of Michilimackinac. These courts were abolished in 1810 and for the succeeding five years there was no intermediate judicial body between the supreme and justices' courts.
THE LOWER COURTS
In 1815 county courts were established, its members consisting of one chief and two associates appointed by the governor. As stated by
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the "Michigan Manual: "They had exclusive jurisdiction over all claims exceeding a justice's jurisdiction and not exceeding $1,000, but no jurisdiction in ejectment. Until 1818 final appeal lay to the county court from justices' courts. Chancery jurisdiction was then given them and provision was made for the appointment of masters in chancery. When the act to establish county courts was passed, Wayne county was the only one organized, and the district of Michilimackinac was excepted from the provisions of the act. After the establishment of circuit courts (1824) the county courts began to decline."
By act of the governor and judges, July 27, 1818, a court of pro- bate was established in each county. A "Court of General Quarter Sessions of the Peace" had already been provided for by act of No- vember 25, 1817, composed of the justices of the county courts and the justices of the peace of each county. They were required to hold four stated sessions per year, their duties being similar to those of the board of supervisors as now constituted. Judicial officers (other than the federal judges), including justices of the peace, were appointed by the governor.
TERRITORIAL CIRCUIT COURTS
In 1824 a radical change was made in the organization and func- tions of the supreme court, its three members being required to hold an annual term in each of the counties of Wayne, Monroe, Oakland, Macomb and St. Clair and special sessions in Michilimackinac, Brown and Crawford whenever deemed advisable "in their sound discretion." Circuit courts were established in name during the following year, but were still held by the judges of the supreme court. In 1827 two circuits were added, but the same discretionary powers were continued as to holding special terms in the counties named, Michilimackinac being, of course, the circuit which embraced the present territory of Northern Michigan.
In 1833 the county courts in the territory east of Lake Michigan, except in Wayne, were abolished and their places supplied by the "eir- cuit court of the territory of Michigan," comprising one judge for the circuit and two associates for each county, whose respective terms were four and three years. The courts already existing were called "supe- rior circuit courts" and were empowered to issue writs of error to the lower circuit courts. William A. Fletcher was judge of the circuit court of the territory from its organization until the coming of state- hood.
STATE SUPREME AND CIRCUIT COURTS
The first state constitution framed by the convention of 1835 be- came operative when the enabling act for the admission of the state was approved by popular vote June 15, 1836. By act approved March 26th of that year the state had been divided into three circuits, each of which was presided over by a judge of the supreme court, each to hold court in the several counties of his circuit and all to sit together ,
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for the decision of appeals. These courts were given the same powers as the territorial circuit courts, except in chancery matters. Under the state constitution equity matters were vested in a court of chan- cery until that body was abolished in 1846.
The circuit judges, under the first state constitution, were ap- pointed by the governor and confirmed by the senate for a term of seven years. The circuit assigned to Chief Justice Fletcher comprised the counties of Monroe, Lenawee, Hillside, Jackson, Washtenaw, Oak- land and Saginaw; that assigned to Associate Justice George Morell, Wayne, St. Clair, Lapeer, Michilimackinac (Northern Michigan) and Chippewa, and that assigned to Associate Justice E. Ransom, the counties of Berrien, Cass, St. Joseph, Calhoun, Kalamazoo, Allegan and Kent. As under the territorial system, two associates were chosen for each county. They were known as "side judges," were not necessarily lawyers, and, as they were generally considered more orna- mental than useful-perhaps a part of the political "graft" of those days-were dispensed with in 1846.
UNDER THE 1850 CONSTITUTION
In that year a county court was established by statute, comprising a judge and associate, elected for a term of four years. The second judge was to act only in cases where the first was "a party in interest or in cases of absence or disability. The court was to sit in term on the first Monday of each month and during such part of the month as might be requisite for transacting the business before it. This court was the fruit of a reform agitation largely centering in Washtenaw county, which demanded cheaper and more speedy means of securing (or trying to secure) justice for the average citizen or poor litigant than was afforded by the circuit courts. It was not a popular institu- tion with the lawyers, who dubbed it 'the one-horse court.' It went out of existence with the adoption of the constitution of 1850. The cir- cuit judges, sitting together, constituted the supreme court of the state until the system was changed as hereafter noted.
"Section 1 of article 6 of the constitution provides, 'The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace,' with authority on the part of the legislature to establish municipal courts in cities. It was provided that after six years the legislatures might provide for what was popu- larly termed an independent supreme court, 'to consist of one chief justice and three associate judges,' to be elected by the people. This power was acted upon by the legislature of 1857, and judges were elected at the spring election in that year, the court being organized January 1, 1858. The term of the judges was eight years, and they were so classified that their terms expired successively every second year. It is provided in the constitution that the court, when estab- lished, should not be changed for eight years. To what extent changes might be made after eight years may be a matter of construction. In 1867 the legislature so far departed from the letter of the constitution as to provide that the judges should be elected as judges or justices Vol. I-8
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of the supreme court, without designating any person as chief justice, and that the senior judge in service should be chief justice. An even number of judges was found to work great inconvenience, because on some questions of importance there was an equal division, and hence no decision. In 1885, a bill was introduced in the state senate by Sena- tor Hubbell, of Houghton, providing for an additional judge. An examination of the convention debates of 1850, made at his request, showed quite clearly that the intention was to have a bench of four judges only. Whether this was his reason for not pressing his bill is not known, but no action was had upon it at that session. At the next session a bill was passed for a fifth judge with a ten year term."
To recapitulate: Under the first state constitution, the supreme court consisted of a chief justice and two associates, appointed by the governor, who also had jurisdiction over three circuits, and their term of service was seven years; the constitution of 1850 provided that for the term of six years the five circuit judges of the state should con- stitute the supreme court, their office being made elective; in 1857 the members of the supreme court were made by legislative enactment to consist of one chief and. three associates, elected by the people for a term of eight years; the legislature of 1887 increased the number of justices to five and lengthened the term to ten years, and in 1903 the court was made to consist of eight justices, with term reduced to eight years.
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