Senate of the Happy Home Club of America v. Board of Sup'rs of Alpena County
| Decision Date | 20 February 1894 |
| Parties | SENATE OF THE HAPPY HOME CLUB OF AMERICA v. BOARD OF SUP'RS OF ALPENA COUNTY. |
| Court | Michigan Supreme Court |
Certiorari to circuit court, Alpena county; Robert J. Kelley, Judge.
Mandamus on relation of the Senate of the Happy Home Club of America, a corporation, to compel the board of supervisors of Alpena county to allow and pay a bill for treatment and maintenance of one Richard Kelly. Writ granted. Respondents bring certiorari. Reversed.
J. D. Turnbull, for relator. L. G. Dafoe, Pros. Atty., (A. A. Ellis, Atty. Gen., of counsel,) for respondents.
Respondents bring to this court by certiorari the proceedings had in the circuit court for the county of Alpena upon an application for mandamus to compel respondents to audit relator's bill for the cure of one Richard Kelly of the liquor habit, under the provisions of Act No. 207 of the Laws of 1893, popularly known as the "Jag Cure Act," a copy of which is appended. The statute providing for the punishment of disorderly persons allows the justice to cause the arrest, and proceed to try the person charged; and upon conviction upon the trial, or if he pleads guilty, he may punish the offender by fine and costs, or imprisonment in the county jail or Detroit House of Correction, or he may require a recognizance for his good behavior for the period of three months. The act in question permits the justice to accept a different recognizance, viz. one conditioned that the defendant will take the cure within a time specified, and conform to the rules and regulations of the corporation administering such cure, and that he will not drink intoxicating liquor for the period of three months. It further provides that upon appearing before the justice at the end of 60 days, and showing that he has conformed to the conditions of the recognizance up to that time, he "shall be acquitted and discharged." This, in effect, permits unofficial persons to prescribe rules which shall acquit persons charged with crime. These rules may be lax or stringent; but, whatever they are, the justice has only to acquit if they are shown to be complied with. They may be as variable as the corporations prescribing them are numerous. It is not within the province of the legislature to delegate to private corporations the power to make laws for the discharge of offenders. The order of the circuit court will be reversed, with costs.
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