Williams v. Simons

• Decision Date: 18 November 1957
• Docket Number: M,No. 74,74
• Citation: 355 U.S. 49,2 L.Ed.2d 87,78 S.Ct. 109
• Parties: G. Mennen WILLIAMS, Governor of the State of Michigan and Thomas M. Kavanagh, Attorney General of the State of Michigan, Petitioners, v. Honorable Charles C. SIMONS, Chief Judge, United States Court of Appeals for the Sixth Circuit, et al. isc
• Court: U.S. Supreme Court

355 U.S. 49

78 S.Ct. 109

2 L.Ed.2d 87

G. Mennen WILLIAMS, Governor of the State of Michigan and Thomas M. Kavanagh, Attorney General of the State of Michigan, Petitioners,

v Honorable Charles C. SIMONS, Chief Judge, United States Court of Appeals for the Sixth Circuit, et al.

No. 74, Misc.

Decided Nov. 18, 1957.

Messrs. G. Mennen Williams, Governor of Michigan, Thomas M. Kavanagh, Atty. Gen., Edmund E. Shepherd, former Sol. Gen., Samuel J. Torina, Sol. Gen., and Joseph A. Sullivan, Deputy Atty. Gen., for petitioners.

PER CURIAM.

It appearing that this case has become moot, the rule to show cause is discharged and the motion for leave to file petition for writ of mandamus or in the alternative prohibition and mandamus is denied.

Memorandum by Mr. Justice FRANKFURTER, in which Mr. Justice BRENNAN joins.

In view of the disposition the Court makes of this unusual litigation, it seems desirable to set forth the facts.

(1) Inquiry Into Municipal Officers' Wrongdoing.

Aug. 1956—The Attorney General of Michigan and the Prosecuting Attorney of Wayne County, Michigan, filed with the Circuit Court of the Third Judicial Circuit for Wayne County an application for a judicial investigation of criminal offenses and unlawful practices in the City of Ecorse and other governmental units in Wayne County. In re Kavanagh, Misc. No. 83258.

That court entered an order appointing Theodore R. Bohn, Circuit Judge, to conduct an inquiry pursuant to Mich.Comp.Laws, 1948, §§ 767.3 and 767.4, as amended by Mich.Pub.Acts 1949, No. 311, Mich.Pub.Acts 1951, No. 276.¹ Sept. 1956—Inquiry conducted by Judge Bohn pursuant to §§ 767.3 and 767.4.

Oct. 17, 1956—Warrant signed by Judge Bohn for the arrest of William Voisine, mayor of the City of Ecorse, and Albert Buday and Francis Labadie, members of the city council of Ecorse. The warrant recites that there is probable cause to believe that Voisine, Buday, Labadie, and others have conspired to obstruct justice by knowingly permitting illegal gambling to flourish in return for bribes and gratuities. A separate warrant issued, evidently on October 22d, charging Elmer Korn, also a member of the city council, with accepting bribes.

Oct. 23, 1956—Judge Bohn signed and transmitted to G. Mennen Williams, Governor of Michigan, findings of probable cause to believe Voisine, Labadie, and Buday guilty of misfeasance in office, and of other offenses constituting grounds for removal, and recommended that the Governor, the official empowered to do so, take steps to remove them from office. Similar findings were transmitted to the Governor concerning Elmer Korn.

(2) Criminal Proceedings

Nov. 1956—Preliminary examination held by Justice of the Peace, and accused officers bound over for trial in the Circuit Court on criminal charges.

Dec. 21, 1956—Information filed in the Circuit Court for Wayne County against Voisine, Buday, Labadie, and others, by the Attorney General, charging a conspiracy to obstruct justice by knowingly permitting illegal gambling in return for bribes and gratuities. Arraignment set for January 15, 1967. People v. Voisine, No. 34092.

Jan. 11, 1957—Information filed against Korn.

—-Motions to quash filed by Voisine and Labadie.

(3) Removal Proceedings.

Governor initiated removal proceedings against accused officers, pursuant to constitutional and statutory authorization. Mich.Const., Art. IX, § 8; Mich.Comp.Laws, 1948, § 767.4, as amended by Mich.Pub.Acts 1949, No. 311, Mich.Pub.Acts 1951, No. 276; Mich.Comp.Laws, 1948, § 168.327, as added by Mich.Pub.Acts 1954, No. 116, c. XV; Mich.Comp.Laws, 1948, §§ 201.7, 201.10. ²

Oct. 25, 1956—Executive order issued by Governor Williams, on the basis of the findings of Judge Bohn, directing the Attorney General to inquire into the charges made against Korn, and appointing John W. Conlin, Probate Judge, to conduct hearings and take testimony produced before him.

—-Executive order issued by Governor directing the Attorney General and Judge Conlin to conduct similar proceedings against Voisine, Labadie, and Buday.

Nov. 1 or 2, 1956—Notice of removal proceedings was served on Voisine, Labadie, and Buday, and hearing set for November 13th.

— -Korn also served with notice of the removal proceedings.

Nov. 13, 1956—Removal proceedings continued to November 21st.

Nov. 21, 1956—Accused officers filed motions to dismiss the proceedings, and objected to hearing on removal charges before trial in the criminal proceedings.

Removal proceedings continued to January 7th, 1957, and then to January 9th.

Jan. 9, 1957—Order issued by Judge Conlin the effect of which, according to accused officers, was to deny their various motions.

(4) Intervention by United States District Court.

Jan. 14, 1957—Complaint filed by Voisine, Labadie, Buday, and Korn in the United States District Court for the Eastern District of Michigan, naming as defendants Judge Conlin, Governor Williams, Judge Bohn, and Attorney General Kavanagh, and alleging that the statute conferring removal power on the Governor, and the statutes under which Judge Bohn acted, violate the complainants' rights under the Federal Constitution. The complaint prays: that a temporary restraining order issue to prevent defendants from continuing with the removal proceedings until other matters of relief prayed for can be determined; that a three-judge District Court be organized under 28 U.S.C. § 2284, 28 U.S.C.A. § 2284, as required by 28 U.S.C. § 2281, 28 U.S.C.A. § 2281, to issue a preliminary injunction; that on final hearing the removal proceedings be declared unconstitutional and void, and that a permanent injunction issue against defendants' continuing the proceedings; that the warrant and information underlying the criminal action be determined to have arisen out of unconstitutional proceedings. Voisine v. Conlin, Civ. No. 16638.

Complainants also filed a notice of motion for a preliminary injunction and for the formation of a three-judge District Court, and prayed for a temporary restraining order to issue without notice.

Temporary restraining order issued without notice by District Judge Levin, restraining defendants from continuing with removal proceedings. See 28 U.S.C. § 2284(3), 28 U.S.C.A. § 2284(3) and Fed.Rules Civ.Proc. rule 65, 28 U.S.C.A.

Jan. 15, 1957—Announcement of organization of three-judge District Court, and hearing set for January 29th. Defendants agreed that temporary restraining order should remain in effect until matter disposed of by three-judge court.

Jan. 21, 1957—Defendants filed answer to complaint, denying jurisdiction of the court on the grounds, among others, that complainants had failed to exhaust their state remedies, and that the suit was in substance one to enjoin the State of Michigan from exercising its sovereign powers.

Defendants filed motion to dismiss on similar grounds.

Jan. 29, 1957—Hearing held before three-judge District Court on motions of complainants and defendants.

Feb. 1, 1957—District Court entered amended order holding in abeyance determination of the questions submitted until the termination of complainants' criminal trials or until further order of court, and continuing in force the temporary restraining order. The court recited as grounds for its action that complainants may forthwith be tried in the criminal proceedings and the constitutional questions presented may thereby become moot, and that complainants may be prejudiced in the criminal proceed- ings by the investigation in the removal proceedings. Chief Judge Lederle, District Judge, dissented on the ground that the case was ripe for decision.

Feb. 28, 1957—The Governor and Attorney General filed a motion to dissolve the temporary restraining order or to pass on defendants' motion to dismiss, on the ground that the court had no authority to refuse to decide the motion and to continue the temporary restraining order.

Mar. 8, 1957—Proceedings on the motion to dissolve.

Mar. 11, 1957—Voisine filed an answer to the motion to dissolve.

Apr. 9, 1957—The court entered an order denying the motion to dissolve on the ground that, deeming it a motion for a rehearing, it presented no considerations that were not before the court when it entered its amended order of February 1st. Chief Judge Lederle dissented.

(5) Proceedings in This Court for Review of District Court's Action.

July 3, 1957—The Governor and Attorney General filed in this Court a motion for leave to file a petition for writ of mandamus or for writs of prohibition and...