People v. Lewis

• Decision Date: 05 June 1891
• Citation: People v. Lewis, 86 Mich. 273, 49 N. W. 140 (Mich. 1891)
• Court: Michigan Supreme Court
• Parties: PEOPLE v. LEWIS et al.

49 N.W. 140

86 Mich. 273

PEOPLE v. LEWIS et al.

Supreme Court of Michigan

June 5, 1891

Certiorari to recorder's court of Detroit; F. H CHAMBERS, Judge.

MORSE and MCGRATH, JJ., dissenting.

James H. Pound, for appellants.

Charles W. Casgrain, City Atty., and Charles S McDonald, Asst. City Atty., for the People.

LONG J.

The complaint in this case charges that at the city of Detroit on or about the 19th day of November, A.D. 1890, and at divers other times and occasions within the corporate limits of said city, to-wit, in the rear of premises No. 256 Merrick avenue, one Alfred L. Lewis and one George W. Boden, being the managers of a carpenter shop situated on said premises, did then and there unlawfully and willfully cause and permit dense smoke containing soot to issue from said shop, which said smoke and soot caused great injury to property, and annoyance to the public, to the evil example of all other equally like cases offending, and contrary to the ordinance of said city in such case made and provided, being section 2, c. 67, p. 165, of the Revised Ordinances of 1890.The defendants were arraigned, and pleaded not guilty to this complaint.They were tried before the court without a jury, found guilty as charged in the complaint, and fined each the sum of $50, and $1 costs of prosecution, on December 10, 1890.The sentence provided that, in default in the payment of such fine and costs, defendants were each of them to be imprisoned in the Detroit house of correction for a period not to exceed 10 days from that date.The case comes to this court by certiorari.The return of the recorder of the city of Detroit, to whom the writ was directed, shows that the defendants are copartners, and are owners and managers of a carpenter shop and planing-mill, which is conducted in the rear of premises known as "No. 256 Merrick Avenue."The mill is operated by a five-horse-power engine.The complaint is made under the ordinance above referred to, and which provides as follows: "Sec. 2.Any owner, agent, lessee, or manager of any building, boat, locomotive, or other structure in the city of Detroit, who shall cause or permit dense smoke, or smoke containing soot or other substance as above to be emitted from said structure, or from any other place, which said soot or other substance shall damage the property or injure the health of any person, or shall especially annoy the public, shall, upon complaint of any citizen or officer of the city, in case of an especial annoyance, be liable for each and every such offense to a fine of not less than ten dollars nor more than one hundred dollars, or to imprisonment in the house of correction, not less than 10 days nor more than 30 days, or both such fine and imprisonment, in...