Detroit evening times. (Detroit, Mich) 1921-1958, 1941-05-06

10 allow preparation OF pro ana
con arguments.
Sempliner was originally given
dcferment to run for the office of
Circuit Court commissioner. He
was elected at a cost of S11,6S7.
The board gave him the classifi-
cation of Alb, which is reserved for
the vice president, governors of
states and judges of courts of
record.
QUESTIONED CLASS
Recently Sempliner's classical
-tion was questioned and the board
must now decide whether the Of
flee of Circuit Court commissioner
constitutes a court of record.
Meeting with the board last
night. Sempliner presented a brief
and argument on why the office
should be so considered. When
the meeting begged down to a
technical legal discussion. the
postponement until next Monday
night was decided upon.
During the next seven days
Sempliner was advised TO collect
further data for his arguments,
while the board decided to obtain
attorneys to prepare counter ar
guments. Board members, two
OF whom are attorneys. volun-
teered TO read up on the statute
governing the office TO aid in
their decision.
Sempliner opened his arguments
by presenting five letters received
by him from branches of the
armed service in answer TO his at
tempts to volunteer for service.
WILLING TO SERVE
Reflections have been cast
upon my patriotism" Scmpliner
said. land / offer these as EVIL
dence OF my willingness to
serve my country. The only
question I am concerned with
now Is whether I can best serve
a. soldier or holder Of pub
lie office"
Quoting from numerous legal
authorities. Sempliner laid down
a series of reasons why the office
constitutes a bona fide court of
record. Among these were two
from Blackstone which defines a
court OF record as one which keeps
a record of its proceedings on
parchment and uses seal, and
one which may punish for con-
tempt of court.
Sempliner's brief showed that
the office concurs in these quail
fications. Sempliner also said:
THE Supreme Court of Michi-
gan makes the rules governing
the office. and the Supreme
Court is authorized TO make
rules only for courts OF record"
LEGAL DISCUSSION
Board Member VI. Hubert
O'Brien. an attorney. compli-
mentcd Semplincr on the compost
ton Of the brief. but raised certain
objections which converted the
meeting into a technical legal dis
cusSion.
Part of the discussion as raised
by O'Brien conferred around
whether Sempllner actually holds
the office. This nc raised be-
cause Semplincr'S failure 10 evict
the incumbent. Frank FITZGERALD.
from the office FITZGERALD main
telnS he was appointed 10 serve
through 1912 and no vacancy eX-
iSted when Scmplncr was elected.
Board Chairman Edward B. De-
vino, also an attorney. contended
the only question 10 be decided by
the board was whether the office
is court OF record He Sug-
geSted they petition a high legal
authority for an opinion.
BLAMEs ENEMIES
Following the formal meetings,
Sempliner charged:
This whole thing Is the work
of my political enemies. When
I first tried to run for the of
ice. I had to bring mandamus
proceedings against the county
clerk because he would not ac-
cept my nominating petitions.
Circuit Court ruling by
Judge Parm c. Gilbert estab-
liShed that there was vacancy
The night before election
speaker on the radio said I was
too young. that I was eligible
for the draft. 10 II would be
foolish TO vote for me.
"NOw after am elected
have had 10 bring further pro-
ceedingS in the Michigan SIT
preme Court TO GUST fitZGerald.
This whole hing started
through an anonymous tele-
phone call TO the board"
During the meeting. Chairman
Devine said he had received an
anonymous brief through the mail
recently which tried to prove that
Sempliner's office does not consti-
tute court of record.
O'Brien also said he had been
given a similar brief by a person
representing four lawyers who are
members of draft boards.