USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 51
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MICHIGAN MANUAL
"Impartial suffrage." Under this head were three propositions: 1st. The apportionment of representatives. 2d. The qualification of electors, by which the word "white" was stricken from the constitution. 3d. Of whom the militia shall be composed. Adopted. For, 54, 105; against, 50,598.
"Of railroads." There were three propositions under this head. 1st. Authorizing the legislature to regulate passenger and freight charges. Adopted. For, 78,602; against, 51,397. 2d. Prohibiting the consolidation of competing lines of railroad, except that at least sixty days' notice be given publicly to all stockholders, as provided by law. Adopted. For, 76,912; against, 51,194. 3d. Authorizing the payment of bonds or obligations hereto- fore issued. Rejected. For, 50,078; against, 78,453.
NOVEMBER, 1872.
" Providing for the payment of bonds issued and negotiated, and the pur- chase price thereof realized prior to May 27, 1870, by the counties, towr .- ships and municipalities issuing the same for, and in aid of any railroad company." Rejected. For, 44,684; against, 70,893.
"Relative to the limits of judicial circuits, and the number thereof." Rejected. For, 47,972; against, 65,848.
"Relative to the salaries of circuit judges," fixing their salaries at two thousand five hundred dollars. Rejected. For, 57,326; against, 58,987.
NOVEMBER, 1874.
Amendment submitted to the people, relating to woman suffrage. Re- jected. For, 40,077; against, 135,957.
NOVEMBER, 1876.
"Relative to license for the sale of intoxicating liquors." Clause forbid- ding the grant of license stricken from the constitution by the following vote: For striking out, 60,639; against, 52,561.
"Relative to the salaries of judges of the circuit court," proposing two thousand five hundred dollars per annum each. Rejected. For, 65,371; against, 65,966.
"As to the time of submitting to the people amendments to the constitu- tion." Amendment and revision may be submitted to the people at the spring or autumn election. Adopted. For, 52,306; against, 21,984.
APRIL, 1878.
"Relative to appointment of clerk of the supreme court." To give power of appointment to court. Rejected. For. 30,313; against, 34,712.
"Relative to corporations." Making stockholders individually liable to the full amount of their respective shares, for all labor done for or in behalf of such corporation. Rejected. For, 24,770; against, 42,064.
463
AMENDMENTS TO CONSTITUTION OF MICHIGAN
APRIL, 1880.
"Relative to the salary of the governor." Fixing the salary at three thousand dollars per year. Rejected. For, 49,035; against, 91,753.
NOVEMBER, 1880.
"Relative to a bridge or tunnel across the Detroit river." Rejected. For, 37,340; against, 58,040.
APRIL, 1881.
"Relative to penal fines." Empowering boards of education in cities, or township boards, to apply such fines to library or school purposes. Adopted. For, 51,475; against, 8,370.
"Relative to clerks of the circuit and supreme courts." Authorizing the supreme court to appoint its own clerk. Adopted, For, 62,593; against, 6,640.
"Relative to circuit courts." Providing for more than one judge in the circuit in which Detroit is or may be situated. Adopted. For, 53,840; against, 6,628.
NOVEMBER, 1882.
"Relative to the salaries of the judges of the circuit courts." Increasing such salaries. Adopted. For, 85,705; against, 55,638.
"Relative to the adjustment of claims against counties." Providing for the establishment of boards of county auditors. Rejected. For, 23,814; against, 38,073.
"Revision." The question of a general revision of the constitution was also submitted and was decided in the negative by the following vote: For, 20,937; against, 35,123.
NOVEMBER, 1884.
"Relative to the salaries of circuit judges, upper peninsula, allowing in- crease." Adopted. For, 35,345; against, 28,642.
"Relative to compensation of members of the legislature, and prohibiting acceptance by them of railroad passes." Rejected. For, 31,693; against, 52,707.
NOVEMBER, 1886.
"Relative to the board of auditors of Wayne county." Rejected. For, 15,020; against, 20,755.
"Relative to the salaries of state officers." Rejected. For, 40,445; against, 60,220.
APRIL, 1887.
"Relative to the liquor traffic." Rejected. For, 178,636; against, 184,281.
"Relative to the salaries of state officers." Rejected. For, 72,718; against, 124,838.
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MICHIGAN MANUAL
NOVEMBER, 1888.
"Relative to circuit courts." Adopted. For, 21,221; against, 19,382.
A general banking law was submitted to the people November, 1888, and adopted. For, 48,531; against, 20,300.
APRIL, 1889.
"Relative to circuit courts." Adopted. For, 49,478; against, 19,834.
"Relative to duration of corporations." Adopted. For, 35,269; against, 28,950.
"Relative to salary of governor," making the salary four thousand dollars per annum. Adopted. For, 111,854; against, 72,494.
NOVEMBER, 1890.
The question of a general revision of the constitution was submitted to the people and rejected. For, 16,431; against, 26,261.
APRIL, 1891.
Salary of attorney general. Adopted. For, 69,622; against, 68,335. Recan- vassed June 1, 1894, by order of supreme court, with the following result: Rejected. For, 69,248; against, 69,651.
NOVEMBER, 1892.
Convention for the purpose of a general revision of the constitution. Adopted. For, 16,948; against, 16,245.
APRIL 3, 1893.
Relative to salaries of state officers. For, 64,422; against, 62,601. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Rejected. For, 59,317; against, 70,772.
Relative to works of internal improvement at Grand Rapids. For, 70,597; against, 55,091. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Adopted. For, 72,745; against, 52,476.
Relative to extending jurisdiction of circuit courts in certain cases. For, 60,219; against, 53,492. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Adopted. For, 62,023; against, 48,797.
Relative to creation of county and township boards of highway commission- ers. For, 68,486; against, 60,015. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Adopted. For, 69,050; against, 59,922.
NOVEMBER 6, 1894.
Authorizing inmates of soldiers' homes to vote where such homes are situ- ated. Adopted. For, 127,758; against, 29,607.
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AMENDMENTS TO CONSTITUTION OF MICHIGAN 1
Relative to the qualifications of electors of this state, requiring foreign born electors to be citizens of the United States or to have declared their inten- tion of becoming such two years and six months prior to the eighth day of November, 1894. Adopted. For, 117,088; against, 31,537.
APRIL 1, 1895.
"Relative to the salaries of state officers." Rejected. For, 50,065; against, 139,039.
"Relative to circuit courts." Rejected. For, 60,567; against, 97,278.
APRIL 5, 1897.
"Relative to the salary of attorney general." Rejected. For, 70,138; against, 90,973.
"Relative to board of county auditors for Kent county." Rejected. For, 53,201; against, 57,793.
APRIL 3, 1899.
"Relative to improvement and maintenance of highways." Adopted. For, 130,416; against, 93,442.
"Relative to circuit courts." Adopted. For, 108.197; against, 104,884.
"Relative to judicial department." Rejected. For, 99,391; against, 102,269.
"Relative to state printing office." Rejected. For, 105,711; against, 108,317.
NOVEMBER 6, 1900.
"Relative to the taxation of corporations." Adopted. For, 442,728; against, 54,757.
APRIL 1, 1901.
"Relative to salaries of members of the legislature." Rejected. For, 112,883; against, 187,615.
"Relative to circuit courts." Rejected. For, 110,855; against, 130,108.
NOVEMBER 4, 1902.
"Relative to the publication of the general laws in newspapers." Adopted. For, 155,837; against, 105,241.
"Relative to indeterminate sentences." Adopted. For, 146,265; against, 78,338.
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MICHIGAN MANUAL
JUDICIAL SYSTEM OF MICHIGAN.
SUPREME COURT.
The territorial government of Michigan was established in 1805. The supreme court of the territory consisted of a chief and two associate judges appointed by the president of the United States. The judge holding the commission of earliest date was made chief judge, and the other judges took precedence according to the dates of their commissions. When, however, commissions bore the same date precedence was determined by the ages of the judges. Their term of office was "during good behavior," and so they held until the year 1824, when the " second grade" of territorial government was established.
This court at first had original and exclusive jurisdiction in all cases involv- ing the title to land, criminal cases punishable capitally, and cases of divorce and alimony; afterwards, of all cases beyond the jurisdiction of inferior courts, all cases wherein the United States was a party, and all actions of ejectment. During the existence of the district courts, it had concurrent jurisdiction therewith in civil matters, when the demand exceeded $500; after that it was given original and exclusive jurisdiction of claims above $200. After the organization of county courts, it had original jurisdiction of 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 reserved, and it also issued writs of error to circuit and county courts.
The following judges were members of the supreme court of the territory under the "first grade" of government:
Term began. Term expired.
1805-Augustus B. Woodward, C. J. 1824.
1805-Frederick Bates, A. J 1808. Resigned.
1806-John Griffin, A. J .. 1824.
1805-James Witherell, A. J 1824.
Upon the establishment of the "second grade" of government in 1824, the term of office was limited to four years. From that time until the admission of Michigan to the union in 1837, the following judges were members of the supreme court:
Term began. Term expired.
1824-James Witherell, C. J 1828.
1824-Solomon Sibley, A. J. 1837.
1824-John Hunt, A. J. 1827. Deceased.
1827-Henry Chipman, A. J. 1832.
1828-William Woodbridge, C. J 1832,
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JUDICIAL SYSTEM OF MICHIGAN
Term began. Term expired.
1832-George Morell, C. J. 1837.
1832-Ross Wilkins, A. J.
1837.
All the sessions of this court were held at Detroit, the capital of the territory.
The constitution of 1835 provided for a supreme court, the judges of which were to be appointed by the governor, by and with the advice and consent of the senate, to hold for a term of seven years. By an act approved July 16, 1836, the court was made to consist of a chief justice and two associate justices, a majority of whom shall constitute a quorum. It was given essentially the same powers, except chancery, that the supreme court and superior circuit courts of the territory exercised. The state was divided into three circuits, and the supreme court was required to hold an annual term in each circuit. The term of the first circuit was held at Detroit, that of the second at Ann Arbor, and that of the third at Kalamazoo.
The revised statutes of 1838 made the supreme court consist of one chief and three associate justices, and gave it "original and appellate jurisdiction of all such matters and suits at law, and in equity and in probate cases," as might be lawfully brought before it ; also, "jurisdiction of suits, actions and matters brought before it by writ of certiorari, or writ of error," Authority was also given "to issue writs of error, certiorari, mandamus, habeas corpus, procedendo, supersedeas," and other necessary writs and process for the due execution of the law. The supreme court was, moreover, given a general superintendance over inferior courts. Two annual terms were to be held at Detroit, two at Ann Arbor, one at Kalamazoo and one at Pontiac. Any two of the justices constituted a quorum for the transaction of business.
The revision of 1846 made no essential changes in the composition or the jurisdiction of the supreme court but altered its anuual terms. Four terms were provided for, called the January, May, July and October terms. The January term was held at Detroit, the May term at Kalamazoo, the July term at Jackson, and the October term at Pontiac,
The following is a list of supreme court judges under the constitution of 1835 :
Term began. Term expired.
1836. Wm. A. Fletcher, C. J. 1842. Resigned.
1836. George Morell, A. J.
1842. C. J .. vice Fletcher, July 18, 1843.
1836. Epaphroditus Ransom, A. J. 1842.
1838. Charles W. Whipple, A. J.
1848. Additional justice.
1843. Epaphroditus Ranson, C. J. 1848.
1848. Charles W. Whipple, C. J. 1852.
1842. Alpheus Felch, A. J. 1845. Resigned.
1843. Daniel Goodwin, A. J. 1846. Resigned.
1845. Warner Wing, A. J. 1852. Vice Felch.
1846. George Miles, A. J. 1850. Vice Goodwin; died in 1850.
1848. Sanford M. Green, A. J. 1852.
1848. Edward Mundy, A. J. 1851. Additional A. J., deceased.
1850. Abner Pratt, A. J. 1852. Vice Miles, deceased.
1851. George Martin, A. J. 1852. Vice Mundy, deceased.
.
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MICHIGAN MANUAL
The constitution of 1850 provided that for the term of six years the judges of the several circuit courts should be judges of the supreme court. Four of them were to constitute a quorum, and a concurrence of three was neces- sary to a final decision. There were five circuit judges in the state at that time, who constituted the first supreme court under the new constitution.
The court thus organized had "a general superintending control over all inferior courts," and had "power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs." In other cases it was given appellate jurisdiction only. Four annual terms were provided for. These were fixed by statute as follows: A Jan- uary term to be held at Detroit; a May term at Kalamazoo; a July term at Adrian, and an October term at Pontiac. It was afterwards provided that a fifth annual term should be held at Lansing.
The following is the list of circuit judges holding supreme court for six years after the adoption of the new constitution.
John S. Goodrich Elected April, 1851. Died before qualifying.
Warner Wing Resigned, 1856
George Martin.
Sanford M. Green
Resigned, 1857
Joseph T. Copeland.
Samuel T. Douglass
.Resigned, 1857
David Johnson
.Resigned, 1857
Abner Prat
Resigned, 1857
Charles W. Whipple
Died October, 1855
Nathaniel Bacon
. October, 1855, vice Whipple
Edward H. C. Wilson November, 1856, vice Wing
Benjamin F. H. Witherell May, 1857, vice Douglass
Benjamin F. Graves .May, 1857, vice Pratt
Josiah Turner. May, 1857, vice Green
Edwin Lawrence May, 1857, vice Johnson
In 1857, acting under constitutional authority, the legislature reorganized the supreme court, making it consist of one chief and three associate jus- tices, elected by the people for a term of eight years. The legislature of 1887 increased the number of justices to five, and the terms of the additional justice and all justices elected after 1887, to ten years.
Three constitute a quorum, and they hold four regular annual terms. The first statutory regulation provided for a January and a July term at Detroit, and a May and October term at Lansing. In 1859 the May term was changed to April. In 1873 all terms were ordered held at Lansing, and in 1875 the July term was changed to June.
The following is the list of the justices of the supreme court under its present organization :
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JUDICIAL SYSTEM OF MICHIGAN
JUSTICES OF SUPREME COURT.
Under constitution of 1850.
Term for which elected.
Term for which elected.
George Martin (a) . 1858-1867
John W. Champlin (d) 1884-1891
Randolph Manning (b). 1858-1869
Allen B. Morse (d) (l) 1886-1893
Thomas M. Cooley (c) (d) 1864-1869
James V. Campbell (m)
1888-1890
James V. Campbell (d)
1858-1871
Charles D. Long (d) 1888-1897
Isaac P. Christiancy (d) 1858-1873
Edward Cahill (n) 1890-1890
Benjamin F. Graves (d) 1868-1875
John W. McGrath (d) (o) (p) 1891-1895
Thomas M. Cooley (d) (s) 1870-1877
Claudius B. Grant (d) 1890-1899
James V. Campbell (d) . 1872-1879
Robert M. Montgomery (d)
1892-1901
Isaac P. Christiancy (e) (f). 1874-1881
George H. Durand (g) 1892-1892
Isaac Marston (d) (g).
1875-1881
Frank A. Hooker (r) (d) 1894-1903
Benjamin F. Graves (d) 1876-1881
Joseph B. Moore 1896-1905
Thomas M. Cooley (d) (h) 1878-1885
Charles D. Long (t) 1898-1907
Allen B. Morse (¿) 1885-1885
Claudius B. Grant. 1900-1909
James V. Campbell (d) 1880-1887
Robert M. Montgomery 1902-1911
Isaac Marston (j) 1882-1889
Thomas R. Sherwood (d) (k). 1882-1889
(m) Died March 26, 1890.
(b) Died in 1864.
(c) Vice Manning, deceased.
(d) Last two years as chief justice.
(0) Elected to succeed Campbell.
(e) Resigned, Feb. 27, 1875.
(p) Chief justice to succeed Morse, Oct. 4 to Dec. 31, 1892.
j') Died Sept. 8, 1890.
g) Vice Christiancy, resigned.
(g) Appointed to fill vacancy tempo- rarily.
(h) Resigned in 1885.
(i) Vice Cooley, resigned.
(.j) Resigned, Feb. 2, 1883.
(s) Died in 1898.
(t) Died June 27, 1902.
(u) Vice Long, deceased.
DISTRICT COURTS.
Soon after the organization of the territorial government, the governor had divided the territory into four judicial districts, known as the districts of Erie, Huron, Detroit and Michilimackinac. An act was adopted on the twenty- fifth of July, 1805, establishing three district courts to be held by the judges of the supreme court, one for the district of Erie, another for the districts of Huron and Detroit, to hold two annnal terms each ; and one for the dis- trict of Michilimackinac, to hold one annual term. These courts were to have jurisdiction of demands exceeding $20. In 1807 the district courts were made to consist of a chief judge and two associate judges, residents of the dis- trict, to be appointed by the governor and to hold office during good be- haviour.
There are no records in the state department of appointments under this act, but merely entries of the return of two commissions, one by John And- erson, dated April 15, 1807, as chief justice of the district court of the dis-
(r) Elected to succeed Morse.
(k) Vice Marston.
(l) Resigned, Aug. 30, 1892.
William L. Carpenter (u) 1902-1907
a) Chief justice.
(n) Appointed to succeed Campbell, April 5 to Dec. 31.
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MICHIGAN MANUAL
trict of Erie, and another to Samuel Abbott, dated July 16, 1807, as associate justice of the district court of the district of Michilimackinac.
These courts were abolished in 1810, and for the next five years there was no intermediate court between the supreme and justices' courts.
By an act approved February 27, 1840, "the district court of the county of Wayne" was established, composed of a presiding judge appointed by the governor, by and with the advice and consent of the senate, to hold four years and the two associate judges of the circuit court. This court had criminal jurisdiction only, but equal to that of the circuit courts. In 1843 a new act was passed, establishing a district court in each of the counties of Wayne, Oakland, Washtenaw and Jackson, and the term of office of the pre- siding judge was lengthened to five years. These courts were all dropped by the revised statutes of 1846, as passed by the legislature, though retained in the original draft of the revision.
Henry Chipman was appointed presiding judge of the Wayne county dis- trict court in 1840, and held the office until the change in 1843. Then Benja- min F. H. Witherell was appointed presiding judge for the district courts of the four counties. He held until the court was abolished.
The constitution of 1850 provided that the counties of the upper peninsula and the islands appertaining thereto should constitute a separate judicial dis- trict. The district judge was to be elected for the same term, perform the same duties, and possess the same powers as the circuit judges. This court was abolished in 1863. Daniel Goodwin held the district judgeship until the circuit was organized in the upper peninsula.
COURT OF CHANCERY.
Upon the establishment of a state government, equity and common law jurisdiction was separated and vested in district courts. All equity powers were vested in a court of chancery exclusively, save that certain exceptional cases might be taken to the supreme court, and appeals by any person ag- grieved by the decree or final order of the court of chancery. This court held sessions, in turn, in each of the circuits into which the state was divided by the act establishing circuit courts. All causes were to be heard and de- termined in the circuits in which they arose. This court was abolished by the revised statutes of 1846, as passed by the legislature, although the original draft of the revision provided for its continuance, with some modifications intended to simplify and perfect the system. Its jurisdiction was conferred upon the several circuit courts, and it has remained there ever since.
The following is a list of chancellors:
Term began.
Term expired.
1836-Elon Farnsworth
1842 Resigned.
1842-Randolph Manning.
1846. Resigned.
1846-Elon Farnsworth 1847. Court abolished.
CIRCUIT COURTS.
In 1824 the three judges of the supreme court were required to hold an annual term in each of the counties of Wayne, Monroe, Oakland, Macomb
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JUDICIAL SYSTEM OF MICHIGAN
and St. Clair and were authorized to hold special sessions in Crawford, Brown and Michilimackinac counties, whenever deemed advisable "in their sound discretion." In 1825 circuit courts were established by name, but were still held by the judges of the supreme court. The circuit court was given origi- nal jurisdiction in all civil actions at law where the demand exceeded $1,000, of actions of ejectment, of all criminal cases punishable capitally, and of all cases not exclusively cognizable by other courts, concurrent jurisdiction with county courts in civil actions beyond the jurisdiction of justices of the peace, and of criminal offenses not punishable capitally, and appellate jurisdiction from county courts. The circuits were not changed by this act of 1825. Another act was passed in 1827, repealing the essential provisions of the acts of 1824 and 1825, and providing for two more circuits, viz .: Washtenaw and Lenawee. The same discretionary powers as to holding terms in Crawford, Brown and Michilimackinac counties were continued.
In 1833 the county courts in all the counties of the territory east of Lake Michigan except Wayne were abolished and their places supplied by "the circuit court of the territory of Michigan." It consisted of one circuit judge for the entire circuit, and two associate judges for each county. The circuit judge was appointed for four years and the associate judges for three. The court had both chancery and common law jurisdiction and was given original jurisdiction of civil cases at law and crimes not within the jurisdiction of a justice of the peace and appellate jurisdiction of such as were. It might also determine questions of law arising on motions for new trial or in arrest of judgment. The circuit courts already existing were now called superior circuit courts, and were empowered to issue writs of error to the circuit courts. William A. Fletcher was judge of the circuit court of the territory from the organization of that court until Michigan became a state.
By act approved March 26, 1836, the state was divided into three circuits, and judges of the supreme court were to perform the duties of circuit judges. These courts were given the same powers and jurisdiction as the territorial circuit courts under the act of 1833, except in chancery matters. By the revision of 1846 the court of chancery was abolished and chancery powers conferred upon the several circuit courts. Since then the jurisdiction of cir- cuit courts has been essentially as at present. The constitution of 1850 made the office of circuit judge elective, and the term of office six years. The last act affecting the number of circuits was approved May 29, 1897, since which time there have been thirty-five circuits. Act No. 15, Public Acts of 1899, created the thirty-sixth circuit. Acts Nos. 40 and 220, P. A. 1901, created the thirty-seventh and thirty-eighth circuits.
PROBATE COURTS.
By act of the governor and judges, adopted. August 31, 1805, the courts of the several districts, or any judge of the said territory, or the clerk of the court of the district, were authorized to take the proof of wills and grant letters testamentary and of administration. In 1811 provision was made for the appointment in each district of a register, with essentially the same powers. Finally, in 1818, a court of probate was established in each county, to be held by some "able and learned person," appointed by the governor, from which court appeal might be taken to the supreme court. These courts continued in operation until after Michigan had become a state.
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MICHIGAN MANUAL
.
The revised statutes of 1838 made the office of judge of probate elective, for a term of four years. In different cases appeals were allowed to the circuit, or to the supreme court. The revision of 1846 provided for direct appeals to the circuit court only. The new constitution of 1850 provided for a probate court in each organized county, the judge of which was to be elected for a term of four years. These are the present probate courts.
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