People ex rel. Goldsmith v. Highway Commissioners
Michigan Supreme Court
Certiorari to the Commissioners of Highway of the township of Nankin. The Commissioners of said township made an order discontinuing a portion of the Monroe and Pontiac Territorial Road, running through the village of Wayne. And this writ was brought to review their proceedings. 1. Admitting that all the proceedings are valid in form, we insist that Highway Commissioners have no power to discontinue a territorial road.
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Certiorari to the Commissioners of Highway of the township of Nankin. The Commissioners of said township made an order discontinuing a portion of the Monroe and Pontiac Territorial Road, running through the village of Wayne. And this writ was brought to review their proceedings. 1. Admitting that all the proceedings are valid in form, we insist that Highway Commissioners have no power to discontinue a territorial road. If the power exists at all, without the intervention of a “jury” or “commissioners of a court of record,” it is expressly delegated to the supervisors of the county. Under the…
1Opinion of the Court
Cooley J.
The first objection to the jurisdiction of the commissioners in this case is, a want of constitutional power. If the objection- is valid, it must be so either first, because power to lay out, alter and discontinue highways is conferred upon the county boards of supervisors; or second, because the commissioners can only act after the necessity has been determined by a jury or by commissioners appointed by a court of record.
The constitution — Art. 10, §11 — provides that “The board of supervisors of each organized county may provide for laying out highways, constructing bridges and…
2Cited by5 opinions
- Peninsular Savings Bank v. WardMichigan Supreme Court · 1898
- Blomquist v. Board of County CommissionersIdaho Supreme Court · 1913
- Davies v. Board of SupervisorsMichigan Supreme Court · 1891
- Pearsall v. Board of SupervisorsMichigan Supreme Court · 1888
- Township Board v. Board of SupervisorsMichigan Supreme Court · 1889