Niles v. Schoolcraft Circuit Judge

• Decision Date: 16 October 1894
• Citation: 60 N.W. 771,102 Mich. 328
• Court: Michigan Supreme Court
• Parties: NILES v. SCHOOLCRAFT CIRCUIT JUDGE.

60 N.W. 771

102 Mich. 328

NILES v. SCHOOLCRAFT CIRCUIT JUDGE.

Supreme Court of Michigan

October 16, 1894

Petition for writ of mandamus by Celia Niles against the circuit judge of Schoolcraft county. Writ denied. McMahon & Oren, for respondent.

HOOKER J. (after stating the facts).

Had the clause "so as to include the county of Manitou" been omitted from the title of the act of 1885, there would be much force in the claim that the act is valid so far as it applies to that portion of the eleventh circuit within the bounds of the upper peninsula proper, the title of the earlier act being broad enough to cover that portion of the state. See cases cited by counsel: Supervisors v. Auditor General, 65 Mich. 408, 32 N.W. 651; Gravel-Road Co v. Paas, 95 Mich. 379, 54 N.W. 907. It becomes important to determine whether Manitou county can be considered a part of the upper peninsula. Article 19 of the constitution is entitled "Upper Peninsula." Section 1 provides that certain counties (indisputably upon the upper peninsula naming them), "and the islands thereto attached, and the islands of Lake Superior, Huron and Michigan, and in Green bay and the Straits of Mackinac and the Ste. Marie, shall constitute a separate judicial district." Section 4 provides that "such judicial district shall be entitled to at least one senator and three representatives." No allusion is in terms made to the upper peninsula in this article except in sections 7 and 8 the former providing for the disposition of taxes paid into the treasury from mining corporations "in the upper peninsula." Section 8 provides for the change of location of the state prison "from Jackson to the upper peninsula." It will be seen that the constitution does not say that these counties and islands shall constitute the upper peninsula, and it seems to distinguish the islands in the lakes from the islands adjacent to the counties named which are upon the upper peninsula. The legislature has almost uniformly attached the county of Manitou to the lower peninsula for various purposes; such as the election of representatives in congress and members of the legislature. See Comp. Laws 1857, p. 95; Comp. Laws 1871, p. 102; How. Ann. St. p. 106,-as to representative in congress. For state senator, see How. Ann. St. p. 108. For representative in the legislature, see Comp. Laws 1871, p. 106; How. Ann. St. p. 110. At one time it was attached to the lower peninsula for judicial purposes. See Comp. Laws 1871, � 4988. Schedule 26 of the constitution authorized the legislature to abolish the judicial district created by article 19. There seems no reason to call these islands constituting the county of Manitou a part of the upper peninsula, unless it be the fact that article 19 is entitled "Upper Peninsula." Most of the islands in that county were nearer the lower than the upper peninsula. No reference is made to the upper peninsula in terms by article 19 in any section where this county is necessarily included; and we think section 1 indicates that it was not intended that the "islands in the lakes," as contradistinguished from the islands attached to said counties, should be included in the terms "Upper Peninsula." The court held in the case of Mays v. Commissioner, 89 Mich. 460, 50 N.W. 993, that state land upon Bois Blanc Island was not subject to selection as land upon the upper peninsula in payment for the construction of a state road. Bois Blanc Island is one of the islands included in the judicial district formed by article 19 of the constitution. It is true that for most of the time that the state has existed the county of Manitou has been attached to the whole or some portion of the upper peninsula for judicial or other purposes,...