People ex rel. Bolt v. Riordan
| Decision Date | 01 February 1889 |
| Citation | 41 N.W. 482,73 Mich. 508 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE EX. REL. BOLT ET AL., COUNTY SUPERVISORS, v. RIORDAN. |
Proceedings in the nature of quo warranto.
Moses Taggart, Atty. Gen., R. W Butterfield, and L. W. Wolcott, for relators.
Chamberlain & Sessions and Smith, Nims, Hoyt & Erwin, for respondent.
This is an information filed by the attorney general against the respondent for intruding into and usurping the office of supervisor of a pretended supervisor district in the city of Muskegon. At its session of 1887 the legislature of this state passed an act entitled "An act to revise the charter of the city of Muskegon, and to define the boundaries of said city." Local Acts 1887, No. 415. By section 3, tit. 1, of said act, the city of Muskegon was divided into five wards, and there were given by said section to each of said wards two supervisor districts. Section 1, tit. 4, of said act, provides for the election of one supervisor in each supervisor district of said city, to be designated "supervisor district officers," and also for the election of two aldermen and one constable in each ward. Section 33, tit. 5, of the act, gives to such supervisors the same powers and authority as supervisors of townships, except as to the assessment of property and the spreading of taxes, and makes them members of the board of supervisors of Muskegon county. Section 28, tit. 6, of the act provides: This act was ordered to take immediate effect, and was approved March 28, 1887. The limits prescribed by chapter 80, How. Ann. St. above referred to, are found in section 2413, which provides: "Cities having a population of three thousand inhabitants shall be divided into two wards, and an additional ward for every additional two thousand inhabitants, up to ten thousand inhabitants, and from ten thousand inhabitants one ward for each additional four thousand inhabitants." The common council, acting under the provisions of section 28, tit. 6, of the act, on October 7, 1887, passed a resolution directing their committee on ordinances to prepare and present to the council an ordinance redistricting the city into wards, not exceeding 10 in number, defining the boundaries of such wards, and of the supervisor districts of each ward. On November 18th the committee reported to the common council that, as the number of wards in the city is conditional on the population, it is first necessary that a census be taken; and they recommended that John T. Ryan be appointed to superintend the taking thereof, with power to appoint his assistants. This report was received and adopted, and on December 2, 1887, "An ordinance to provide for and regulate the taking of a census of the inhabitants of the city of Muskegon" was passed. The city was divided into seven enumeration districts, the census taken, and reported to the council, showing that the city on the 10th day of November, 1887, contained 20,228 inhabitants, according to the enumeration made as of that date. This report was made by the superintendent of the census to the common council on February 3, 1888, and the report adopted. The council, by a two-thirds majority of the members elect, on February 21, 1888, passed an ordinance entitled "An ordinance to redistrict the city of Muskegon into wards and supervisor districts, to define their boundaries, and to provide for the election of officers of said wards and supervisor districts." This ordinance prescribes the boundaries of the several wards, describing the territory embraced in each, and provides that each ward shall be divided into two supervisor districts, and prescribes the boundaries of the same. Section 3 of this ordinance provides:
It is conceded that these several ordinances passed by the common council were duly published as required by section 4, tit. 7, of the act, and affidavit of such publication filed in the office of the recorder of the city. This section provides: "And such affidavit, when duly filed with the recorder, shall, in all cases and places, be conclusive evidence of the legal publication of such ordinance, resolution, or other proceeding." This section further provides that "all ordinances and by-laws of the common council, printed and published by its authority, shall in all courts, places, and proceedings be received without further proof, as prima facie evidence thereof, and of their legal enactment and publication."
It appears that Dennis Riordan, the respondent, at said annual election held on the 2d day of April, 1888, received a majority of all the votes cast in supervisor district No. 11 of said city for supervisor of said supervisor district, and was within the term required by law declared elected to the office of supervisor for said supervisor district No. 11 in said city, by proper inspectors and officers of election; and in due and proper time said respondent duly qualified as supervisor of said supervisor district No. 11, and now claims to hold said office, and pretends to exercise the functions thereof. This supervisor district No. 11 embraces all the territory in the Sixth ward of said city lying north-westerly of Huston avenue. This proceeding is by information in the nature of quo warranto, filed in this court, and charges that "the respondent, for the space of one month and upwards last past, hath held, usurped, and intruded into, and claims to exercise, a false, fictitious, and pretended office of supervisor of supervisor district number eleven, a supervisor district created by ordinance adopted by the common council of the city of Muskegon, and claims and pretends to be a member of the board of supervisors of said county of Muskegon, and without any legal election, appointment, warrant, or authority whatsoever, from any legal ward or supervisor district of said city; and that since the election held in April, 1888, said Dennis Riordan, claiming by virtue of such election, hath usurped and intruded into, and claims to exercise, and still doth usurp, intrude into, and unlawfully claims to hold and exercise, said false, fictitious, and pretended office known as the office of supervisor of the pretended and illegal so-called supervisor district number eleven of said city of Muskegon," etc. The information is filed by the attorney general in the name of the people, on the relation of Tom J. G. Bolt, George Bolt, Charles E. Covell, Frank E. Thatcher, and James H. Whitney, supervisors of the county of Muskegon. On October 9, 1888, the respondent pleaded to the information, and by his plea says that said Eleventh supervisor district was and is one of the legal subdivisions-that is to say, one of the supervisor districts-of the city of Muskegon, and hath ever since remained, and still is, such supervisor district; and that respondent by virtue of said election, and qualification at the time of said election, was and still is the supervisor of said Eleventh supervisor district of said city; and that said Eleventh supervisor district of said city is not represented, or pretended to be represented, by any other person or persons as supervisors, nor is any part thereof so represented, and this respondent is entitled to use and exercise all the rights, powers, and duties of a supervisor of said Eleventh supervisor district of said city; whereupon he prays judgment that the aforesaid rights and franchises in the manner aforesaid may be allowed and adjudged to him, etc., and of this he puts himself upon the country.
To this plea the attorney general filed a replication, and alleges ...
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