MacLean v. Mich. State Bd. of Control for Vocational Educ.

Citation292 N.W. 662,294 Mich. 45
Decision Date03 June 1940
Docket NumberNo. 71.,71.
PartiesMacLEAN v. MICHIGAN STATE BOARD OF CONTROL FOR VOCATIONAL EDUCATION et al.
CourtSupreme Court of Michigan

OPINION TEXT STARTS HERE

Suit by Lola MacLean, doing business as the Detroit Commercial College, against the Michigan State Board of Control for Vocational Education, and Eugene B. Elliott and others, members of the board, to enjoin defendants from interfering with plaintiff's school or instituting proceedings against it. Decree for plaintiff, and defendants appeal.

Affirmed.Appeal from Circuit Court, Wayne County, in Chancery; Fred W. George, judge.

Argued before the Entire Bench.

Thomas Read, Atty. Gen., and Edmund E. Shepherd and Andrew DeMaggio, Asst. Attys. Gen., for defendants-appellants.

Eugene A. Walling, of Detroit, for plaintiff-appellee.

McALLISTER, Justice.

Plaintiff is engaged in conducting a commercial school, and filed a bill to enjoin defendants, the Michigan State Board of Control for Vocational Education, and Eugene B. Elliott, Alexander G. Ruthven, Robert S. Shaw, and Edna Wilson, as members of the board, from interfering with her school or instituting proceedings against it on the ground that such attempted action was predicated upon a void statute. The trial court sustained her claim and issued the injunction prayed for. Defendants appeal.

The principal question presented is whether plaintiff is required to obtain a license from the board before conducting and operating a commercial school and is obliged to comply with the rulings of the board and the provisions of Act No. 319, Public Acts 1927, as amended, 2 Comp.Laws 1929, § 7094 et seq., Stat. Ann. § 15.1 et seq., under penalty of fine and imprisonment.

The title of the act and its provisions and classification are as follows:

‘An Act to provide a system of public instruction and primary schools; to provide for the classification, organization, regulation and maintenance of schools and school districts; to prescribe their rights, powers, duties and privileges; to prescribe penalties for violations of the provisions of this act; and to repeal all acts inconsistent herewith.

The People of the State of Michigan enact:

Part I. Classification, Formation And Organization Of School Districts

Chapter 1. Classification

Section 1. Hereafter, except as otherwise provided in this act, each and every school district shall be organized and conducted as: * * *.’

The section the provides for a classification of seven different kinds of school districts.

This act, known as the School Code, is 164 pages in length; 132 pages precede Section 1 of Chapter 24, which provides for the licensing, supervision, and regulation of private trade schools, and provides penalties for non-compliance.

The Constitution of Michigan, 1908, art. 5, § 21, provides, in part: ‘No law shall embrace more than one object, which shall be expressed in its title.’

The constitutional provision was designed mainly to prevent the legislature from passing laws, not fully understood, Thomas v. Collins, 58 Mich. 64, 24 N.W. 553; it was intended that the legislature, in passing an act, should be fairly notified of its design, Attorney General v. Weimer, 59 Mich. 580, 26 N.W. 773; and that legislatures and parties interested might understand from the title that only provisions germane to the object therein expressed would be enacted, Blades v. Board of Water Commissioners of Detroit, 122 Mich. 366, 81 N.W. 271; and to avoid bringing into one bill subjects diverse in their nature and having no necessary connection, but with a view to combining in their favor the advocates of all-or what is commonly spoken of as log-rolling in legislation, State Mutual Rodded Fire Insurance Co. v. Foster, 267 Mich. 118, 255 N.W. 174.

It was said by Mr. Chief Justice Wiest in the case of In re Lewis' Estate, 287 Mich. 179, 183, 283 N.W. 21, 22: ‘The title to an enactment is required to be expressive of the purpose and scope of the enactment. If the enactment comes fairly within and is reasonably a component part of the purpose expressed in the title it is not an interloper but a part thereof and so proper as to be expected therein.’

Was the object of licensing and regulating private business schools fairly indicated in the title of the act? We think not. It would be impossible to read the title of the act and reach any reasonable conclusion of intention by the legislatureto regulate private commercial schools. Such an object certainly could not be included...

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24 cases
  • In re Rood, Docket No. 136849.
    • United States
    • Supreme Court of Michigan
    • 2 Abril 2009
    ...664 N.W.2d 728 (2003), citing People v. Riley, 465 Mich. 442, 447, 636 N.W.2d 514 (2001), and MacLean v. Michigan State Bd. of Control for Vocational Ed., 294 Mich. 45, 50, 292 N.W. 662 (1940); Delta Charter Twp. v. Dinolfo, 419 Mich. 253, 264 n. 4, 351 N.W.2d 831 ...
  • Alan v. Wayne County
    • United States
    • Supreme Court of Michigan
    • 30 Agosto 1972
    ...18 Mich.App. 109, 170 N.W.2d 530, both Courts redeclared and reapplied the rules set forth in MacLean v. State Board of Control for Vocational Education, 294 Mich. 45, 294 N.W. 662 (1940), particularly including regularly cited Blades v. Board of Water Commissioners of Detroit, 122 Mich. 36......
  • Requests of Governor and Senate on Constitutionality of Act No. 294 of Public Acts of 1972, In re
    • United States
    • Supreme Court of Michigan
    • 18 Junio 1973
    ...The majority reaffirmed at p. 157, 188 N.W.2d at p. 595, the following principle as quoted in MacLean v. State Board of Control for Vocational Education, 294 Mich. 45, 292 N.W. 662 (1940): the public have proper notice of legislative content and to prevent deceit and "The constitutional pro......
  • J & J CONSTRUCTION CO. v. Bricklayers & Allied Craftsmen
    • United States
    • Supreme Court of Michigan
    • 9 Julio 2003
    ...of constitutionality should not be decided if the case may be disposed of on other grounds. MacLean v. Michigan State Bd. of Control for Vocational Ed., 294 Mich. 45, 50, 292 N.W. 662 (1940). For these reasons, we decline to address the federal constitutional issues presented concerning the......
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