Attorney General v. Detroit & S. Plank Road Co.

• Decision Date: 28 November 1893
• Citation: 56 N.W. 943,97 Mich. 589
• Parties: ATTORNEY GENERAL v. DETROIT & S. PLANK-ROAD CO.
• Court: Michigan Supreme Court

56 N.W. 943

97 Mich. 589

ATTORNEY GENERAL v. DETROIT & S. PLANK-ROAD CO.

Supreme Court of Michigan

November 28, 1893

Petition for leave to file information in the nature of quo warranto on relation of the attorney general against the Detroit &amp Saline Plank-Road Company. Dismissed.

A. A. Ellis, Atty. Gen., (George F. Robison, of counsel,) for relator. C. A. Kent, for respondent.

McGRATH J.

The attorney general petitions for leave to file an information in the nature of a quo warranto for the purpose of ascertaining by what authority respondent claims the right to maintain its road and collect tolls thereon. The petition is based upon the act of the legislature of 1893 known as "Local Act No. 422," entitled "An act to repeal an act entitled 'An act to incorporate the Detroit and Saline Plank-Road Company,' approved March 23, 1848 and to provide for the winding up of the affairs of said company." The first section of said act No. 422 is the repealing section, and the second section provides that proceedings may be had for winding up the affairs of said corporation in the circuit court, as in cases of forfeiture. It appears by the house journal that on February 5, 1893 within the first 50 days of the session, a bill was introduced in the house, entitled "A bill to authorize the cities and townships of the state to acquire by purchase or condemnation all the right of toll or plank road companies in the streets or highways of such cities or townships, and to authorize such toll or plank road companies to sell such portions of their roads within such cities or townships in which the same may be located." The bill was entered as "House Bill No. 247," was read a first and second time by its title, and referred to the committee on judiciary. That on May 10th the committee on judiciary was discharged from the further consideration of the bill. That on May 17th the committee on judiciary pursuant to directions, reported the bill to the house. That on May 18th the bill was referred to the committee of the whole, placed on the general order, and ordered printed. That on May 19th the committee of the whole reported that they had made sundry amendments to the bill, and recommended its passage. The house concurred in the amendments, and placed the bill on the order of third reading. That on May 23d the bill was taken from the table, read a third time, and placed upon its passage, but, failing of the necessary two-thirds vote, was not passed. The vote was then reconsidered, and the bill laid upon the table. That on May 24th the bill was taken from the table and passed. On each occasion the bill is expressly referred to in the journal as "House Bill No 247, entitled 'A bill to authorize the cities and townships of the state to acquire by purchase or condemnation all the right of toll or plank road companies in the streets or highways of such cities or townships, and to authorize such toll or plank road companies to sell such portions of their roads within such cities or townships in which the same may be located."' The title to the act under consideration nowhere appears in the journal until after the final vote upon the passage of the bill, when the title was amended so as to read as follows: "A bill to repeal an act entitled 'An act to incorporate the Detroit and Saline Plank-Road Company,' approved March 23, 1848, and to provide for winding up the affairs of said company." The last of the 50 days was February 22d. The bill...