Legal Opinion · Dissent

Samuels v. Couzens

Michigan Supreme Court

Decided July 19, 1921No. Calendar No. 29,470Published

Certiorari to Wayne; Jayne (Ira W.), J. Mandamus by Joseph Samuels to compel James Couzens, mayor of the city of Detroit, to grant a license to engage in business. From an order granting the writ, defendant brings certiorari.

1DissentWiest, J.

I cannot concur in this', opinion. In my judgment the ordinance does not admit of the construction given it, and as construed so obviously offends against constitutional safeguards as to render it void. It seems to me the ordinance is open to a construction within legitimate lines and such course should be adopted. It is presumed that the enacting body intended no violation of constitutional rights, and in giving construction to the ordinance we should, if possible, hold it within legitimate bounds. If this cannot be done then we ought to hold it void.

The question of construction of the…

2Cases cited17 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
  3. People Ex Rel. Schwab v. . GrantNew York Court of Appeals · 1891
  4. In re FrazerMichigan Supreme Court · 1886
  5. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909

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