Legal Opinion

Board of Control of the Michigan State Prison v. Auditor General

Michigan Supreme Court

Decided July 26, 1917No. Calendar No. 27,872PublishedCited by 16 opinions

Mandamus by the board of control of the Michigan State Prison to compel Oramel B. Fuller, auditor general, to approve certain salary vouchers. The legislature of this State at its session of 1907 passed an act known as Act No. 57 of the Public Acts of 1907 (1 Comp.

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Mandamus by the board of control of the Michigan State Prison to compel Oramel B. Fuller, auditor general, to approve certain salary vouchers. The legislature of this State at its session of 1907 passed an act known as Act No. 57 of the Public Acts of 1907 (1 Comp. Laws 1915, § 1719), which was ordered to take immediate effect, and was approved April 25, 1907. The title and body of the act are as follows: “An act to amend section twenty of act one hundred eighteen of the Public Acts of eighteen hundred ninety-three, approved May twenty-six, eighteen hundred ninety-three, entitled ‘An act to…

1Opinion of the CourtKuhn, C. J.

(after stating the facts). The sole question which this controversy presents for determination is which of the two acts passed by the legislature of 1907 controls the method of regulating the salary of the warden of the Michigan State Prison. A careful reading of both of these enactments has satisfied us that they are not inconsistent with each other, and that both can stand. It will be noticed that Act No. 57 definitely and specifically fixes a salary schedule and provides a definite method for the increase of the salary fixed. It is urged by the attorney general that the language of section…

2Cases cited2 opinions

  1. Detroit United Railway v. Barnes Paper Co.Michigan Supreme Court · 1912
  2. Port Huron Engine & Thresher Co. v. Township of Port HuronMichigan Supreme Court · 1916

3Cited by16 opinions

  1. Detroit Police Officers Ass'n. v. City of DetroitMichigan Supreme Court · 1974
  2. Rockwell v. Crestwood School District Board of EducationMichigan Supreme Court · 1975
  3. People v. PowellMichigan Supreme Court · 1937
  4. Webster v. Rotary Electric Steel Co.Michigan Supreme Court · 1948
  5. Smith v. City CommissionMichigan Supreme Court · 1937

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