Board of Ed. of Detroit v. Common Council of Detroit

• Decision Date: 09 May 1890
• Citation: 45 N.W. 585,80 Mich. 548
• Court: Michigan Supreme Court
• Parties: BOARD OF EDUCATION OF DETROIT v. COMMON COUNCIL OF DETROIT.

45 N.W. 585

80 Mich. 548

BOARD OF EDUCATION OF DETROIT v. COMMON COUNCIL OF DETROIT.

Supreme Court of Michigan

May 9, 1890

Mandamus.

William E. Baubie, for relator. John W. McGrath, for respondent. Henry A Chaney, amicus curi�, against the motion.

GRANT J.

This is a petition for the writ of mandamus to compel the respondent to levy its annual estimates of the amount required for the maintenance of the public schools of the city of Detroit during the fiscal year ending June 30, 1891. In the annual report submitted by relator to the respondent, under the heading "For Maintenance," appeared the following item: "Text-books, $15,000." Under the heading "Estimated Receipts," appeared the item, "For maintenance, $308,960." Section 13, Act No. 331, Laws 1873, provides that the board of education shall annually make an estimate of the amount of taxes deemed necessary for the ensuing or the current year, for all purposes of expenditure, and shall lay the same before the common council. It is then made the duty of the common council to place upon the tax-rolls, and cause to be levied, the amount of such estimated expenditures, excepting for purchase of lots and erection of new buildings, with the necessary outhouses, fixtures, and furniture. The amount of this estimate and tax shall not be less than $4 for every child between the ages of 5 and 20 years, according to the last report on that subject. If such estimate exceeds $5 per capita, the council may approve or disapprove of such excess, or any part thereof. The number of children was 63,009, and the per capita tax was fixed by the relator at $308,960, being the item above mentioned, for maintenance. The council, upon receiving the report, passed a resolution fixing and adopting the estimates reported by the relator. The council, on the next day after adopting the above resolution, submitted the estimates to the board of estimates of the city, which reduced the per capita tax to $298,960. This action by the board of estimates was reported to the council, which adopted it, and ordered the various amounts to be assessed, levied, and collected as approved by the board of estimates. The item of $15,000 was for free text-books, and was rejected by the board of estimates for that reason; but the board added $5,000 for text-books for poor children, though only $2,000 had been required for that purpose the year previous. This $10,000 rejected is the sole source of the contention.

The first contention of the relator is that the board of estimates has no supervisory power over the board of education funds, except that for purchasing lots and erecting school-houses, with the necessary out-buildings, fixtures and furniture. In this contention it is correct. The board of estimates is limited in its jurisdiction to the several funds mentioned in the city charter. Act No. 488, Local Acts 1887, c. 11, � 4. The educational...