The Detroit times., 1914-04-17


court
The supreme court in Lansing. Fri,
dIy,-declared unconstitutional the act
passed in the last session OF the legis.
latlTre creating a court Of domestic re-
lations for Wayne county The decis-
On. which was written by Justice
Brooke, was signed by all the Judges.
The law was found unconstitutional
cn the ground that il is purely a local
act and is direct violation OF the
constitution
Justice Brooke says
Inasmuch as Judge Lacy. under
authority OF a legislative enactment.
assumes 30 exercise portion OF the
jurisdiction of the circuit court, which
is a constitutional court. we are OF
the opinion that such OF his judicial
acts as are within the jurisdiction OF
the circuit court should be considered
as those of de facto judge. not open
10 question upon jurisdictional
grounds"
This means that all divorces grant
ed by the court and all punishments
for failure TO pay alimony are valid
Justice Brooke continues
at is, however, contended that the
act Is valid as a general law. The act
Is limited in it's operation, by the IL
tie, TO each county OF this state which
has population OF upwards OF 250,-
600. II is conceded that Wayne coun-
" is the only county having the reqni-
site population 1t Is said that If the
normal increase in Kent county con.
tfunaE TINT Wi ill fnHaY
the operation of the act within the
next 20 or 80 years Il is certain that
the law can never become operative in
a vast majority of the counties OF the
state. Personally | am OF the opinion
that under the new constitution all
general legislation based upon classi-
Gcation OF population. except such as
ats therein speCtf1Catty authorized, is
forbidden. Some OF my associates,
however, do not agree with me in this
view For the purpose OF this case,
therefore, will assume that some gen
eral Legislation based upon classified
tion must be valid"
There is no reason, founded in
logic why the residents OF Wayne
county should be subjected TO regula-
ton in their domestic relations which
parts OF the state.
The act is clearly unconstitutional
because IL in terms deprives the pro.
bate court OF jurisdiction in certain
cases OF juvenile delinquents and de-
pendents. which jurisdiction is eX-
pressly conferred upon the probate
courts>by Sec 13 OF Article of the
constitution The court of domestic
tc It+ Inufg1atiua
actment judge Of that court can
not lawfully be clothed with jurisdic-
ton conferred by the constitution on
a constitutional officer"
Pursuant to the decision the court
went out OF existence, Friday morning.
The entire machinery OF the court. &C
cording to the decision. is abolished.
nav OF all attaches. investigating Off
aials. conclliatory officers and others
being stopped Salaries already paid
viii be allowed to stand. the employees
having acted as de facto officials and
aeing entitled TO fun pay up to Friday
morning.
Although the court Is now a thing
II the past. II closed its labors in glo-
rious fashion. parties to contested
divorce suit having adjusted their diff
UtuliltS III the JuuEt y CHdlubtIS NV
q minute before the notice Of the
courts decision reached the Judge.
Court attaches and parties 10 suits
we're thrown into confusion when
Judge Lacy mounted the bench and
Gnnounced the finding OF the higher
tribunal Attorneys. judges and at
taches OF other courts crowded into
the room to shake Judge Lacy's hand
and 20 thank him for his conduct OF
cases brought before his court.
Before leaving Tie court room Judge
acy dictated the following statement
TO The Times
Advice has just reached me 'hat
tie supreme court has declared 'hp
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