20 Mich. 349 (Mich. 1870), People ex rel. Estes v. Denahy

Citation:20 Mich. 349
Opinion Judge:Cooley, J.
Party Name:The People ex rel. Charles H. Estes v. John Denahy
Attorney:Dwight May, Attorney General, for relator. G. V. N. Lothrop, for respondent.
Case Date:April 10, 1870
Court:Supreme Court of Michigan
 
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Page 349

20 Mich. 349 (Mich. 1870)

The People ex rel. Charles H. Estes

v.

John Denahy

Supreme Court of Michigan

April 10, 1870

Heard April 26, 1870

Application for mandamus:

By Charles H. Estes, Commissioner appointed under the act of 1867 (No. 471, p. 964), appropriating certain nonresident highway taxes for the improvement of certain State roads, and providing for the construction and improvement thereof, to compel John Denahy, Treasurer of the township of Elk Rapids, to pay the relator, certain moneys in the possession of Denahy, and which the relator claims, were appropriated to the improvement of the Traverse Bay and Houghton Lake State Road,--one of the roads mentioned in the act.

Writ of mandamus denied.

Dwight May, Attorney General, for relator.

G. V. N. Lothrop, for respondent.

OPINION

Page 350

Cooley, J.

The relator in this case is the Commissioner appointed by the Governor for the purpose of receiving and expending the moneys appropriated to the Traverse Bay and Houghton Lake State Road by "an act appropriating certain non-resident highway taxes for the improvement of certain State roads, and providing for the construction and improvement thereof," approved March 27, 1867. Laws 1867, vol. 2, p. 964. The respondent is Township Treasurer of the township of Elk Rapids, and has in his possession certain of the moneys, which, by the act aforesaid, were appropriated to the Traverse Bay and Houghton Lake State Road; but which he refuses to pay over, on the claim that the act is in violation of that clause of the Constitution of the State which provides that "no law shall embrace more than one object, which shall be expressed in its title."--Art. 4 § 20.

A mandamus was applied for to compel such payment.

The first section of said act provides that all the non-resident highway taxes assessed and unexpended for the year 1866 and to be assumed for five years thereafter, in certain specified townships in the counties of Wexford, Grand Traverse and Leelanaw, shall be appropriated for the improvement

Page 351

of that part of the Newaygo and Northport State Road, which lies north of the south line of Wexford County. The second section appropriates all the non-resident highway taxes assessed and unexpended for the year 1866 and to be assessed for five years thereafter in the north half of Manistee County, and in...

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