Horner v. Board of Supervisors
Horner v. Board of Supervisors
Opinion of the Court
An examination of the opinion in Board of Sup’rs of Ionia Co. v. Ionia Circuit Judge, 134 Mich. 412, will aid in understanding this proceeding, which is to review the action of the circuit judge in granting a writ of mandamus directing said board of supervisors to convene, and to declare a certain resolution which will be referred to later carried.
The bridge mentioned in the above opinion was built in 1904 and was carried away by a freshet in the spring of
On the part of Danby it is claimed that section 2484, 1 Comp; Laws, as amended by Act No. 98, Pub. Acts, 1905, and section 2485, 1 Comp. Laws, control, and that the chairman was right in his ruling.
On the part of Portland it is contended that the provisions of the later act, being Act No. 306, Pub. Acts 1905, control, and that the circuit judge was right in his conclusion. The last-named act repealed Act No. 62, Pub. Acts 1889, which act was construed in Board of Sup’rs of Ionia Co. v. Ionia Circuit Judge, 134 Mich. 412, and took the place of said act. It was a complete act in and of itself. It nowhere requires the determination of the board in carrying into effect its provisons to be decided by a two-thirds vote, and we think it should not be so held. See section 2476, 1 Comp. Laws; Thomas v. Kent Circuit Judge, 116 Mich. 106.
It is urged that,, as the question has not been submitted to the voters of the two townships, there is nothing to
We also think it was decided in Board of Sup’rs of Ionia Co. v. Ionia Circuit Judge, 134 Mich. 412, that the action of the legislature was not in contravention of the Constitution.
The action of the circuit judge is affirmed, and the writ of mandamus will issue.
Reference
- Full Case Name
- HORNER v. BOARD OF SUPERVISORS OF IONIA COUNTY
- Status
- Published