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SCHEDULE D.

This schedule contains a list of quo warranto and other special proceedings authorized by the Attorney General in the name of the State, but directed by and at the expense of the parties interested.

The people ex rel. Geo. W. Bennett vs. Thomas Benfield. Quo warranto. Reversed.

The people ex rel. John Blonequist vs. Peter J. Nappa et al. ranto. Writ. Quashed with costs.

Quo warPeople ex rel. Medard A. Metevier vs. Joseph Therrien. Quo warranto. Judgment of ouster with costs.

QUO WARRANTO PROCEEDINGS PENDING.

The people ex rel. Robert G. Elliot vs. Walter Bell. The people ex rel. James Hart et al. vs. Lawrence Cain et al. Attorney General ex rel. Alfred Russell vs. Fleetwood Ward et al. Attorney General ex rel. Wm. H. Wilson, jr., vs. Pierce E. Witherspoon.

SCHEDULE E.

This schedule contains a full statement of all criminal cases or cases to recover penalties brought to the Supreme Court on exceptions, error or certiorari, whether disposed of or pending, in which the Attorney General has appeared.

Affirmed.

The People vs. Paul Ackerman. Error to Superior Court of Grand Rapids Keeping saloon open on holiday. The People vs. James B. Grady. Error to Superior Court of Grand Rapids. Keeping saloon open after hours. Writ dismissed.

The People vs. Daniel E. Pendleton. Error to Newaygo. Carrying concealed weapons. Reversed.

The People vs. James Kelly and Peter Farro. Error to Van Buren Circuit. Burglary. Reversed in part.

The People vs. John Haas. Error to Hillsdale. law. Reversed.

The People vs. John Hicks. Error to Gratiot. law. Affirmed.

Violation of liquor

Violation of liquor

The People vs. Melvin Dyer and Thomas Hayes. Error to Shiawassee Circuit Court. Slander. Affirmed.

The People vs. John Courier. Error to Recorder's Court of Detroit. Rape. Affirmed.

The People vs. Wm. Brennan, Thomas Learney and Wm. Clark. Error and certiorari to Bay. Burglary. Affirmed.

The People vs. Henry Lyng. Error to Iron Circuit. Exceptions before judgment. Violation of liquor law. Affirmed.

Decision of the Supreme Court of the State of Michigan reversed by the United States Supreme Court.

The People vs. Joseph M. Hillhouse. Error to Jackson. Larceny. Conviction set aside and new trial granted.

The People vs. Lucy Mallette. Error to Menominee. Keeping house of ill-fame. Affirmed.

The People vs. Detroit, Grand Haven & Milwaukee Railway Company. Error to Oakland. Action to recover penalty for failure to maintain private crossing. Reversed.

The people vs. Wm. J. Dane. Error to Recorder's Court of Detroit. Uttering forged paper. Affirmed.

The People vs. Herman Foss. Error to St. Clair. Assault and battery. Reversed and new trial granted.

The People vs. Henry Johnson. Error to Saginaw. Larceny. Affirmed. The People vs. Amiel Gosch. Error to Kent County. Murder. Affirmed. The People vs. Harry Morris and Harry Morton. Error to Kalamazoo. Larceny. Affirmed.

The People vs. Wm. Parrow. Affirmed.

Exceptions from Alpena. Larceny.

The People vs. Wm. Stimer. Error to Jackson. tery. Affirmed.

The People vs. George L. Howes. Reversed and new trial granted. The People vs. Fred Bechtel. law. Affirmed.

The People vs. Chester Becktel. law. Affirmed.

The People vs. Sylvester Cease. firmed.

Assault and bat

Error to Genesee. Larceny.

Error to Bay.

Violation of liquor

Error to Bay.

Violation of liquor

Error to Alpena. Fornication. Af

The People vs. Eli Decarie. Exceptions from Alpena. Violation of liquor law. Reversed and defendant discharged.

The People vs. Dennis McCullough, impleaded, etc. Exceptions from Jackson. Manslaughter. Verdict set aside and new trial granted. The People vs. Mark T. Bussey. Error to Jackson. Stealing documents from county clerk. Conviction set aside and new trial granted. The People vs. Charles Etter. Error to Cass. Rape. Reversed and new trial granted. The People vs. George Gooseman. Exceptions from the Superior Court of Grand Rapids. Selling liquors on Sunday. Affirmed. The People vs. George H. Brown. Exceptions from the Superior Court of Grand Rapids. Selling liquors on Sunday. Affirmed. The People vs. Andrew J. Kridler. Error to Superior Court of Grand Rapids. Keeping saloon open on Sunday. Reversed and new trial granted. Casper N. Dunham and Frank Treat vs. Christopher A. Hough, treasurer of Barry county. Certiorari to treasurer of Barry county to review hearing as to residence and solvency of surety upon liquor bond. Proceedings quashed without costs.

The People vs. William Gordon. Certiorari to Recorder's Court of Detroit. Conviction affirmed.

The People vs. George Walsh. Detroit. Murder. Affirmed.

The People vs. John B. Cronin. Falsely assuming to be an officer. prisoner discharged.

Exceptions from Recorder's Court of

Error to Recorder's Court of Detroit. Judgment reversed, fine remitted and

The People vs. Samuel A. Lester. Error to Berrien. Violation of liquor law. Conviction affirmed.

The People vs. Joseph L. Goulette. Error to Bay. Rape. Affirmed. The People vs. Thomas Hawksley. Error to Wayne. Larceny. Affirmed. The People vs. Porter Vinton. Exceptions from Kent. Violation of ordinance of village of Sparta prohibiting saloons. Affirmed.

In the matter of James Doyle. Habeas Corpus. Argued and respondent remanded to custody of officer.

CRIMINAL CASES PENDING.

People vs. Adaline Dumas.
People vs. Corey Montrose.
People vs. William O'Keef.
People vs. Thomas Weaver.
People vs. Edward Brown.
People vs. Augustus Bane.
People vs. Ida Peterson.

SCHEDULE F.

This schedule contains a list of insurance companies whose articles of association or amendments thereto were approved by the Attorney General from January 1 to July 1, 1890.

Southern Washtenaw Farmers' Mutual Fire Insurance Company. Amendments approved January 7, 1890.

The Findlanders' Mutual Fire Insurance Company of Houghton county. Charter approved January 7, 1890.

Ionia, Eaton and Barry counties Farmers' Mutual Fire Insurance Company. Amendments approved January 31, 1890.

Citizens' Mutual Fire Insurance Company of Muskegon, Oceana and Ottawa counties. Charter approved March 12, 1890.

Farmers' Northern Mutual Insurance Company of Marquette, Delta and Menominee counties. Charter approved March 12, 1890.

Farmers' Mutual Fire Insurance Company of Mecosta county. Charter approved March 13, 1890.

Lapeer County Farmers' Mutual Fire Insurance Company. ments approved March 15, 1890.

Amend

Articles of association of the Patrons' Mutual Protective Association, located at Port Huron. Approved March 15, 1890.

Citizens' Mutual Fire Insurance Company of Pulaski. Amendments approved March 29, 1890.

Tuscola county Farmers' Mutual Fire Insurance Company. Amendments approved March 29, 1890.

Mutual City and Village Fire Insurance Company of Berrien, Cass and Van Buren counties. Amendments approved April 25, 1890.

Farmers, Mutual Fire Insurance Company of Berrien county. Charter approved April 30, 1890.

Saginaw Valley Mutual Fire Insurance Company. Charter approved May 28, 1890.

SCHEDULE G.

This schedule contains a list of the opinions given by the Attorney General from March 1 to July 1, 1890.

OPINIONS.

[No. 1.]

Construction of Sec. 1, Chap. 15, Sec. 4, Chap. 4, and Sec. 2, Chap. 13, of School Laws.

STATE OF MICHIGAN,
ATTORNEY GENERAL'S OFFICE,
Lansing, March 25, 1890.

Hon. Joseph Estabrook, Supt. of Public Instruction:

DEAR SIR-In reply to your inquiry as to the proper construction of section 1, chap. 15, of the General School Laws, and incidentally of section 4, chap. 4, and section 2, of chap. 13, of said laws, permit me to say that in my opinion the payment of the fee required by section 1, of chap. 15, could in no proper sense be regarded as a requisite for qualification as a teacher. That section imposes a duty upon all boards or officers authorized by law to examine applicants for certificates of qualification as teachers, and if the board of county examiners fails to perform such duty the members of the board would without doubt be liable to removal by the Judge of Probate under section 12, chap. 12, of the School Laws, and members of school boards neglecting or refusing to perform such duties, would be liable under section 2, chap. 13. The section making it apparently a mandatory duty, there is probably conferred upon such board or officers the implied authority to demand the payment of such fees before the applicant for examination is entitled to an examination. If however the board or officer neglects the duty imposed by this section and fails to collect the fee such failure upon the part of the board or officer, would not in any wise disqualify a teacher who had passed a satisfactory examination.

Section 4 of chap. 12, of the School Laws contains the following provision, "No person shall be considered a qualified teacher within the meaning of the School Laws, nor shall any school officer employ or contract with any person to teach in any of the public schools, who has not a certificate in force granted by the board of school examiners of the county or other lawful authority." That provision determines what shall constitute a qualified teacher and the fact that a board or officer has neglected the duty imposed by section 1, chap. 15, could not possibly disqualify a teacher where an examination had been had and a certificate given. I place the same construction upon section 1, chap. 15, with reference to the powers and duties of the director and secretary of school boards, and the neglect of such duties, that I do with reference to examining boards or officers. The director or secretary of any such board may refuse to contract with a teacher until the teacher has paid the required fee, but if he does contract without collecting such fee, that fact does not disqualify the teacher. If I am right in the construction of the above section, it would not be proper for your department to withhold the public money from the cities mentioned in your letter, (which cities, I am informed verbally from your department are Muskegon and Bay City.)

As to the last question, if it can be said that the board of education, which has the power to employ under the charters of the cities referred to, is controlled by that portion of section 1, chap. 15, relating to the directors and secretaries of school boards, then the members of the board would be liable under section 2, of chap. 13, and in the absence of any express provision in the school law as to the manner of proceeding to collect such penalties the proceedings would be instituted by the prosecuting attorney under section 8442 of Howell's Statutes.

JAY P. LEE, Asst. to the Attorney General.

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