REPORT. To the Legislature: STATE OF MICHIGAN, In obedience to the requirements of law, I here with submit my Annual Report. The suits to which I attended on behalf of the State in the State Supreme Court are fully set forth in Schedule "A," annexed to this report. Unless the questions involved were of public importance, or of a nature calling for legislative action, I have not deemed it necessary to state the point decided. I beg to call your special attention to the following cases: Gordon vs. The People, holding that Public Act No. 242, Laws 1879, p. 221, amending § 7569, Compiled Laws 1871, does not confer on Courts of Record power to sentence for one year any person convicted of the larceny of goods under the value of twenty-five dollars. The circumstances attending the passage of the Amendatory Act justify the inference that the full intent of the Legislature was not accomplished by it. People ex. rel. Robertson vs. The Commissioner of the State Land Office. The interests of the State would seem to require legislative action looking to the more efficient collection of taxes imposed on part paid lands. Hall vs. The People. In this case the plaintiff in error, who had been convicted of breaking and entering a store, was ordered to be discharged merely because the Prosecuting Attorney had omitted to allege in the information, whether the offense had been committed in the day-time or in the night time. Had the offense been charged to have been committed at either time, the information would have been sufficient. It seems to me that a provision requiring an objection of this kind to be taken by special demurrer and declaring it to be waived when not so taken will conduce to the efficient administration of criminal justice. The case of the Auditor General vs. the State Treasurer, argued at the last October term and as yet undecided, involves questions of great importance to the State. Whichever way the court may determine the question, I think it worthy of serious consideration whether the sum of one-half million of dollars annually derived from specific taxes over and above what is required to pay interest on the trust funds and on the State debt, should swell the already large primary school interest fund, or go into the general fund to pay the expenses of the State government. To render the primary schools almost free from local taxation would, it is feared, tend to withdraw from them that watchful care which self interest at least now induces the tax-payer to bestow upon them. The case of The People vs. The Lake Shore and Michigan Southern Railroad Company, for specific taxes claimed to be due to the State, was tried in the Circuit Court for the county of Wayne in October last, and resulted in a verdict for the plaintiffs for $83,484.85 damages. The case has been taken to the Supreme Court, and will be disposed of at the ensuing January term. The examination of the questions involved in this case directed my attention to the very unsatisfactory state of the law relative to the assessment and collection of specific taxes. The following enactments on the subject are now found on the statute books, constituting a heterogeneous mass with which it is almost hopeless to struggle, viz: Chapter 21, Title 5, Revised Statutes of 1846; Act No. 82, laws 1855, p. 168; Act No. 57, laws 1872, p. 89; Act No. 11, laws 1873, p. 9. The Act of 1872 has been condemned by the Supreme Court in Auditor General vs. The Pullman Palace Car Company, 34 Mich., p. 59. It would conduce greatly to speed and certainty in the collection of specific taxes, if all these various provisions were repealed, and a comprehensive system of assessment and collection adopted in their stead. The suit brought on the appeal bond of Henry Gordon, formerly superintendent of the St. Mary's Falls Ship Canal, and sureties, stili remains undetermined in the circuit court for the county of Wayne. Schedule "B" is a list of chancery cases brought to set aside taxes and assessments upon the alleged ground of illegality. The Auditor General is a mere nominal party to these cases. They have been referred to the Prosecuting Attorneys of the respective counties, in accordance with the long established practice of this office. This office is constantly applied to by private parties for leave to prosecute suits nominally in the name of the people in the relation of the parties really interested. I have in all cases required application to be made in writing, stating the nature of the case and the relief sought to be obtained. These applications are on file in this office. Schedule "C" contains a list of cases thus authorized to be instituted by this department. An abstract of the reports of the several Prosecuting Attorneys throughout the State, made to this office, is submitted in the appendix. All of which is respectfully submitted. OTTO KIRCHNER, Attorney General. SCHEDULE A. JANUARY TERM. 1. Stephen Boody vs. The People. Error to Eaton Circuit Court. Boody was sentenced for the statutory offense of horse stealing. The information did not allege the offense with sufficient certainty within the statute. Judgment reversed and prisoner discharged. 2. George F. Sutfin vs. The People. Certiorari to Van Buren Circuit. Sutfin was adjudged guilty of being the father of an illegitimate child born in Indiana. The mother of the child was also living in Indiana. Held that under the circumstances the circuit court had no power to make an order for the maintenance of the child. Proceedings quashed. 3. Mahony vs. The People. Error to Manistee Circuit. Plaintiff in error was convicted of an assault with intent to commit rape. Judgment affirmed. (An able and exhaustive brief furnished by Louis E. Morris, Esq., Prosecuting Attorney of Manistee county, was of great value on the argument.) 4. Charles Kapke vs. The People. Error to the Recorder's Court of Detroit. Reversed and new trial granted. APRIL TERM. 1. The People vs. Arnold. Exceptions before judgment from the Recorder's Court of Detroit. Exceptions overruled, and Court below ordered to proceed to judgment. 2. Moore vs. The People. Error to Saginaw Circuit. Judgment reversed on confession of error by Attorney General. 3. Fox vs. The People. Error to Bay Circuit. Judgment reversed on confession of error by Attorney General. 4. Hall vs. The People. Argued for The People by the Prosecuting Attorney of St. Clair county. Judgment reversed and the prisoner discharged. Hail was tried and convicted on an information attempting to charge him with the statutory offense of breaking and entering a store. The information failed to allege whether the offense was committed in the night-time, or in the day-time. This omission was held fatal. Immediately on the discharge of the prisoner he was re-arrested on a new warrant in which the offense of which he was accused was properly charged within the language of the statute. 5. The People vs. Whitson. Exceptions before judgment from the Recorder's Court of Detroit. Exceptions overruled and Court below ordered to proceed to judgment. |