The daily monitor leader. [volume] (Mount Clemens, Mich.) 1942-19??, 1942-06-13
Opinion
Continued from Page One)

improperly constituted Warren
Township Police Department.
ILLEGALLY FINED
Questioned as to whether
persons illegally fined might re-
cover their money the prosecu-
tor said this morning that he
had just completed writing his
opinion and that he had not, as
yet, had an opportunity to look
up the law on such a situation
If it should develop.
Following is the full text of
Johnstons opinion:
OPINION
Mr.. Earl Tallman,
Chairman, Warren Township
Board,
Van Dyke, Michigan
Dear Sir:
During the past few days /
have taken the opportunity TO
carefully examine into the law
enforcement situation in your
Township. AS / understand it,
you have an eight man Police
Department paid and maintained
by the Township. | am also Civ
en- to understand that you have
had in operation for some
months, Township Traffic Or
dinance, so-called, adopted by
the Township Board, without a
vote of the qualified electors of
the Township, which ordinance
defines certain traffic offenses,
making them misdemeanors,
and prescribes penalties for the
commission of such miSdemean-
ors. Under the operation of this
ordinance your Police Depart
ment has arrested a great many
violators who have been prose-
cuted under the Ordinance, no
authorizations for warrants I'M
der the State Law having been
obtained from this office.
With law enforcement in your
Township being handled as l
have briefly outlir "a it, this
office has had no measure of
control over the activities of
your Police Department, as the
law contemplates we shall have
in uninc rporated areas. For
soma time the writer has not
been at all satisfied with the
general situation ard / have
been particularly dissatisfied
with some OF the reported &C
Invites of your Police Depart
ment.
In my opinion, r. virtue of
Section 1856 of the Compiled
Laws of 1929, the Township
Board does have authority to
employ Township Traffic Off
GERS and to provide for their
cor1pensS on to be paid OFT of
the general Ind of the Town
ship, such traffic officers to be
vested with all powers of arrest
and all other powers vested in
Deputy Sheriffs. Under this
Section of the law, no warrants
could be issued against violators
except upon the written author
ization Of this office and all
prosecutions would be had I'M
der the State Law, which would
afford the writer a very definite
measure of control over law en-
forcement in the Township as
contemplated by law.
1t is further the opinion of the
writer that Township Board
does not have the authority to
adopt Traffic Regulatory Ordin-
anceS defining misdemeanors and
prescribing penalties for the
commission thereof without the
proposition having been submit
ted to a vote of the people of
such Township. If | am correct
in this opinion, it follows that
the method of law enforcement
in your Township with reference
to the enforcement of traffic
laws at least, has been in viola
ton Of the law.
So that there may be COM
plete compliance with the State
I auy relative IN Iayt onrnrco,o.x,t
in Warren Township, it is the
recommendations of the writer
that your Police Department, as
it is now constituted and operat-
ing, be disbanded. We must in
siSt that all future prosecutions,
whether based upon arrests made
by Township Traffic Officers,
Deputy Sheriffs or State Police,
be under the control and upon
the authorization of the writer.
l might add that it appears to
me that with a new State Police
Post soon to be operating in your
Township, we should have no
difficulty in obtaining capable,
efficient and honest law enforce
ment in your Township through
the co-ordinated efforts of the
State Police and Sheriffs De
partment, perhaps augmented by
the services of Township Traffic
Officers compensated by the
Township. We do feel however
that the latter should be under
the exclusive of the Sheriffs Of