The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1885-04-30
A Peculiar Situation.


There exists in Michigan, at the present
time, peculiar condition of affairs in refer
ence to q matter that is of vital Importance
to the people; a condition that probably
never existed before in any state in the I'm
ion certainly not in Michigan. We allude
to the present status of our laws for the col
lection of taxes. Under the repeated deci-
sions of our supreme court the law may be
enforced in one county while in an adjoining
county it may be wholly imperative and void.
This anomalous situation is owing to the
fact that our supreme court consists of an
even number of judges, instead of an odd
number, as it ought, and as most similar
courts do. On All appeal to the supreme
court, if the court shall be equally divided in
opinion, the judgment of the lower court
stands affirmed. That is precisely the case
in the matter of our present tax law, justices
Cooley and Champlin holding the law to be
constitutional, and justices Campbell and
Sherwood that it is unconstitutional. This,
in effect, leaves the matter of the constitu-
tionality of the law entirely to the Judgment
and opinion of any one of the circuit judges
before whom the question may be raised.
For instance, Judge Mills, in Van Buren,
county, may hold the law to be constitutional,
and, on an appeal to the supreme court, his
opinion would be affirmed by divided
court, while the judge of the Allegan circuit
might decide the law to be unconstitutional,
and, on appeal, his decision would be af-
firmed in like manner. In such case Van
Buren, county could enforce the collection of
its taxes, while Allegan might be bankrupted
for want of statute by which payment
could be compelled.
This is the exact condition of affairs in
our state to day. and in several counties,
Wayne county among them, taxes cannot be
collected by any process of law.
remedy for this unfortunate complica-
ton, is the most important matter demand
ing attention at the hands of our legislature,
and its consideration will be likely to pro-
long the session for some considerable
length of time. To devise tax law that is
in accordance with the constitution of the
state, and that will work substantial Justice
to all parties interested, is a very delicate
and difficult undertaking. Our present stat
ute is the work of commission of able men
who were selected with view to their es-
pecial fitness and ability to perform the
work allotted them. but the result of their
labor has been only 10 make confusion
worse confounded'
Two things the Legislature ought to do be-
fore its final adjournment first, make
thorough effort to so amend the law as TO
remove its present Objectionable features.
and second, provide for an additional JUS
tice of the supreme court, 80 that the de-
cision of so important a matter cannot, by
any means, depend upon the Judgment of
court equally divided.
This should have been provided for prior
to the spring election, as the same condition
of affairs existed then as at the present time.
But it is not yet too late, and the expense of
a special election is a trivial matter. COM
pared to the present state of our tax collect
ing machinery, which is liable TO throw. not
only municipalities, but the entire state.
into bankruptcy. by all means give the
people the fifth judge.
There are scores of persons who are suf.
fering from some form OF blood disorder OF
skin disease, such as Scrofuia. Bois, etc. etc.