Clapp v. Titus

• Decision Date: 18 October 1904
• Citation: 138 Mich. 41,100 N.W. 1005
• Court: Michigan Supreme Court
• Parties: CLAPP v. TITUS, President of Village of Paw Paw.

100 N.W. 1005

138 Mich. 41

CLAPP v. TITUS, President of Village of Paw Paw.

Supreme Court of Michigan

October 18, 1904

Certiorari to Circuit Court, Van Buren County; John R. Carr, Judge.

Mandamus by Willis Clapp against Lincoln H. Titus, president of the village of Paw Paw. Judgment for respondent, and relator brings certiorari. Reversed.

Barnard & Lewis, for appellant.

Lincoln H. Titus, in pro. per. (W. G. Howard, of counsel), for appellee.

MOORE, C.J.

This is certiorari to review the action of the circuit judge in refusing to issue a mandamus to compel the respondent to sign two village orders voted to the relator by the village council, and countersigned by the clerk of the village. This litigation grows out of an unfortunate difference of opinion between the respondent, who is president of the village of Paw Paw, and its village council. An ordinance of the village provides for the appointment by the president, by the consent of the council, of a village marshal and other officers whose compensation shall be fixed by the council. It also provides for the appointment by the president, from the members of the village council, of certain committees--among them, a committee on fire and water. The president appointed this committee on fire and water. On April 12, 1904, he appointed James F. Bullard marshal, and Aaron Hathaway street commissioner. Upon the first of these appointments three of the trustees voted 'No,' and three refrained from voting. Mr. Hathaway's appointment was not consented to. At a meeting held April 18th the same appointments were sent to the council by the president, and neither one was assented to. It is not clear what actuated the council, unless it may be inferred from the opinion of the village attorney that under the existing ordinances of the village, the duties of the street commissioner shall be performed by the marshal and, in his opinion, one person only could be appointed to discharge the duties of the office of marshal and street commissioner. The relator was at this time village marshal. On the 18th of April, written notice was served upon him by the president of his removal from the office of marshal, and after that date the village was without a marshal. The village had a volunteer fire department, an engine house, a fire engine, and 1,500 to 2,000 feet of hose. After the president had removed the marshal, a motion was made at a regular meeting of the council that the relator be employed to collect electric light and other bills due the village and care for the public property, and to perform the duties theretofore performed by the marshal. The president refused to put the motion, and refused to entertain an appeal from his decision. After the removal of the marshal, the committee on fire and water hired the relator to look after the engine house, the fire engine, and the hose. During the time a fire occurred, at which the engine and all the fire hose was used. The relator...