"Your
petitioner, Paul Gies, respectfully represents and states to
the court now here, that he is the duly elected and qualified
treasurer of the county of Wayne, in said state, and that,
being such treasurer, it becomes and is the duty of all
officers and other persons who shall collect or receive any
moneys on account of any fines for breaches of the penal laws
and for penalties, to pay the same over to your petitioner
within twenty days after the receipt thereof; that it is the
duty of your petitioner to keep an accurate account of all
such moneys paid to him, separate and distinct from all other
accounts, and to credit the same to the library fund, and to
account therefor to the board of supervisors of said county
at each annual meeting of said board; and your petitioner
further shows that it is also his duty as such treasurer,
between the first and tenth days of April in each year, to
apportion among the several townships in said county,
according to the number of children therein between the ages
of four and eighteen years, as shown by the last annual
statement of the county clerk, on file in his office, all
fines for any breaches of the penal laws and for penalties,
or upon any recognizances in criminal proceedings, when
collected and paid in to him.
"Your
petitioner further shows, that as he is informed, and verily
believes to be true, the central police station court,
so-called, of the city of Detroit, is established and held
under the provisions of an act 'entitled an act to revise
the charter of the city of Detroit, approved February 5,
1857,' approved March 12, 1861, and also under an
ordinance of the city of Detroit, passed March 6, 1866, to
which said ordinance reference is made for certainty, and a
copy whereof is hereto annexed, marked A.
"And
your petitioner further shows, that said court held its first
session, and first went into operation on the 2d day of
April, A. D. 1866, and that since that time, and previous to
the date hereof, large sums of money have been collected in
said central police station court, in payment of fines
imposed by said court for offenses tried and determined
therein, and that said moneys were by the clerk of said
central police station court paid in to Edward S. Leadbeater,
the treasurer of the city of Detroit.
"And
your petitioner shows that said Edward S. Leadbeater
received, in his capacity as treasurer of said city, from the
said clerk of said central police station court, being said
fines aforesaid, the sum of eleven thousand and eighty-six
dollars and twenty-five cents ($ 11,086.25).
"And
your petitioner further shows, that it is by law the duty of
Benjamin G. Stimson, controller of said city, to open and
keep an account with the treasurer of said city, in which he
shall charge the said treasurer of said city with all moneys
raised or received for each of the several funds of said
city; and it is made the duty of the treasurer of said city
to report to the said controller, at the end of each month,
the amount received and credited by him to each fund, and on
what account received; and your petitioner further avers,
that the aforesaid sum of eleven thousand and eighty-six
dollars and twenty-five cents has been so reported by said
city treasurer to said Benjamin G. Stimson, controller of
said city of Detroit, together with the fund to which the
same was credited, and that said city treasurer has been
charged by said controller with said sum in his account with
him.
"And
your petitioner further shows, that on the 16th day of
November, A. D. 1868, Emil P. Benoit, who was then county
treasurer of said county, and the predecessor of your
petitioner, was ready and willing to receive said moneys, and
on said day duly and regularly demanded officially of said
city treasurer, that he should pay over said moneys to such
treasurer of Wayne county, as aforesaid; and also on the same
day duly demanded of Benjamin G. Stimson, who is the
controller of said city of Detroit, that he should draw his
warrant in favor of such treasurer of Wayne county, upon said
city treasurer, for the said moneys above stated. Your
petitioner further states, that said city treasurer of said
city of Detroit, after said demand, and on said 16th day of
November, 1868, utterly refused to pay over said moneys to
such treasurer of Wayne county, and that said Benjamin G
Stimson, controller of said city, after said demand, and on
said 16th day of November, 1868, utterly refused to draw his
said warrant for said moneys upon said treasurer, and in
favor of such treasurer of Wayne county.
"Your
petitioner further represents, that said Edward S.
Leadbeater, treasurer of said city, has no power to disburse
said moneys, nor any of the funds in the city treasury,
except upon a warrant signed by said Benjamin G. Stimson,
controller of said city, and has, therefore, and for that
reason, refused to pay over said moneys to your petitioner,
without said warrant of said controller.
"And
your petitioner further states, that he is advised and
believes that he is entirely without remedy in the premises,
unless it be afforded to him by the interposition of this
honorable court, by their writ of mandamus, and he,
therefore, prays that an order may be made requiring said
Benjamin G. Stimson, controller as aforesaid, to show cause,
within eight days after service on him of a copy of this
petition, why a mandamus should not issue from this court,
commanding him to draw his said warrant upon said Edward S.
Leadbeater, city treasurer, in favor of your petitioner, for
all moneys remaining in said Edward S. Leadbeater's hands
from those received by him, for fines and penalties imposed
in said central police station court of said city of Detroit,
and that such other and further order may be had in the
premises as justice may require."
"An
ordinance to prescribe the duties of the police justice in
all cases of violation of city ordinances.
"It
is hereby ordained by the common council of the city of
Detroit:
"Section
1. It shall be the duty of the police justice to attend the
city hall, or any other police station house where the
lock-up shall be, on every day of the week, Sundays excepted,
at the hour of seven o'clock a. m., to examine into, try
and determine the case of every person confined in said
station-house for vagrancy, disorderly conduct, or
drunkenness, when the nature and circumstances of the case or
complaint are such that the same may, and in the opinion of
such justice, should be summarily disposed of without a jury.
All other cases of persons so confined, and the cases of all
persons whatsoever, arrested on warrant issued from the
recorder's court, shall be tried and disposed of in the
mode and manner now provided by law. Upon conviction of any
person or persons for any of the offenses herein set forth,
the police justice may commit him or her to the Wayne county
jail, or to the Detroit house of correction, for not more
than six months, and impose a fine not exceeding fifty
dollars and costs, and in default of the immediate payment
thereof, to commit such person or persons to the Wayne county
jail, or to the Detroit house of correction, for a term not
exceeding six months, or until such fine and costs be paid.
"Sec.
2. The police justice shall receive for his services in
performing the duties required by the foregoing section the
sum of two hundred dollars per annum.
"Sec.
3. It shall be the duty of the clerk of the police court to
attend the city hall or any other police station house where
the lock-up shall be, on every day of the week, Sundays
excepted, at the hour of seven o'clock A. M., to keep a
true record of the proceedings before the police justice at
said station, in proper books to be provided therefor, and
file and safely keep all papers pertaining to such
proceedings; it shall be his duty to receive all costs, fines
and dues of every description, from either party to
complaints or prosecutions before said police justice, and
which, by law, are taxable as justice's costs, and shall
pay the same weekly to the city treasurer, and take his
receipt therefor.
"Sec.
4. Said clerk shall receive as compensation for performing
the duties specified in said section 3, the sum of two
hundred dollars per annum.
"Sec.
5. This ordinance shall take effect from and after the first
Monday in April next.
"Approved
March 6, 1866."
"This
respondent, Benjamin G. Stimson, now comes by his attorneys
Gray & Moran, and for answer to the said petition, and
for cause why the writ prayed for should not be issued, says:
"He
admits that, as charged in the said petition, said Gies is
treasurer of the county of Wayne, and that it is the duty of
all persons receiving or collecting money for fines or
penalties for breaches of the penal laws to pay the same over
to said treasurer, to be by him kept and applied as stated in
the petition.
"But
this respondent avers that the penal laws referred to are the
general penal laws of the state, and do not mean breaches of
the provisions of city ordinances of a limited and local
application and intended merely for the better government of
the city for and in which they are operative.
"He
admits that the central police station court was established
under the statute and...
