The Lake County star. [volume] (Chase, Mich.) 1873-current, 1875-08-19

Oh AucSuay i"ss TIC sPeciui Scs
sion of the Circuit Court Of LAX,
county opened at Chase, Judg'
Wheeler presiding. The attorney
present were Judge White and Pros
ecuting Attorney Fitch, ofLuding
ton; s. F. Dwight, of Hersey, D
G. Warner, Chase; F. L. Allen
Baldwin.
Judge White commenced pro
ceedings by moving the dismissa
Of the cause; alleging as reasons
the want Of jurisdiction by Circui
Judge: and the resolution by thu
Board of Supervisors, submitting
the question of removal to a vote
Of the people. He claimed that thu
suit was brought by private parties
and that the Attorney General was
not a party to the prosecution. Ht
attorney GeneraD had only given
authority to use his name.
The point was made that the
amended information had not been
signed and authorized by the At
torney General. He quoted deci-
sions in higher courts quashing pro-
ceedings, where amended informa-
ton had not been authorized by
Attorney General.
The legality of tie action by the
Board of Supervisors in designat-
ing Baldwin, and the action by the
same body, adopting a resolution
submitting the question to the poo
pie, was then argued briefly.
After the vote had been can
vassed and declared to have result
ed in vote of So in favor of re-
moval of the County Seat to Bald
win; it became a duty of the Board
Of Supervisors to make and estab-
lish the County Seat at Baldwin,
by procuring building and order
ing a removal of the county Offices
and property. 1t was a legislative
act, regulated by ministerial bound
aries. Various quotations of law
were made by Mr.. White, to sub
stantiate his positions, as he went
along.
He further claimed that the pres
ent case was one in which the State
could take no action, and quoted
law showing that the State could
take no part in a suit: unless said
State had interests involved. There
must be relation between the
complainant and the cause.
The next point taken was that
the matter was not a proper one
for a court of equity to act upon.
Many citations of law were made,
to show that there was perfect
chance of remedy in courts of COM
mon law, and that the administer
ing of a remedy did not rest with a
court of chancery.
He said the counsel for complain
ant had shown a disposition to al
lege property interest involved;
by claiming that the county safe
and records were worth more than
500. Such a claim could not be
valid, as the Board Of Supervisors,
the Treasurer, Sheriff, nor any one
else had not destroyed, nor shown
any disposition to destroy the safe
or records. No property interests
were involved. Simply the ques-
ton of removal of the County Seat.
This closed Judge Whites argu-
mcnt.
s. F. Dwight, Esq, then sub
United his argument against the
granting of the special motion to
dismiss from lack of jurisdiction.
lie claimed that the object of the
suit was to substantiate charges of
fraud perpetratcd upon the rights
of the people. lie claimed that a
court of equity had jurisdiction in
cases of alleged fraud. His argu-
ment and citations of law were simp-
ly answers to the points alleged by
Judge White. Before tho close of
his argument, a recess was taken
Tor dinner.
In the afternoon, Judge Burch,
of Hersey, and j. Q. Patterson,
Esq, of Reed City, were added to
the number of members of the bar
present.
Dwight dwelt for some time up
on the point claimed, in effect that
no legal steps had ever been taken
to submit the question to a vote of
the people. The act of the Board
of Supervisors, designating Bald
win was legislative one; as the
law states that two-thirds of the