Grobbel v. Board of Water Commissioners

149 N.W. 675, 181 Mich. 364, 1914 Mich. LEXIS 595
CourtMichigan Supreme Court
DecidedJuly 24, 1914
DocketCalendar No. 25,809
StatusPublished
Cited by5 cases

This text of 149 N.W. 675 (Grobbel v. Board of Water Commissioners) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grobbel v. Board of Water Commissioners, 149 N.W. 675, 181 Mich. 364, 1914 Mich. LEXIS 595 (Mich. 1914).

Opinions

Moore, J.

The relator, on May 6, 1913, and for some time prior thereto, was employed as cashier by the board of water commissioners of the city of Detroit. On the 6th of May, 1913, he was, by the adoption of a resolution by respondent, discharged, without cause being assigned, and on the same day a different person was appointed. The relator filed his petition in the circuit court for the county of Wayne, praying that a writ of mandamus issue, requiring the respondent to convene, rescind such resolution, and [366]*366reinstate the relator to the employment held by him prior to the adoption of such resolution. The respondent answered.

It was stipulated by the parties in open court, and thereafter ordered by the court, that the judgment in this cause should be the judgment of the court in the following causes, then pending in the circuit court for the county of Wayne:

No. 57162: Louis Montgomery v. Board of Water Commissioners of the City of Detroit.

No. 57163: Fred J. Wright, Jr., v. Board of Water Commissioners of the City of Detroit.

No. 57164: Thomas L. Walsh v. Board of Water Commissioners of the City of Detroit.

No. 57165: John F. Callahan v. Board of Water Commissioners of the City of Detroit.

No. 57166: Bruno Pieganowski v. Board of Water Commissioners of the City of Detroit.

No. 57167: John W. Sweeney v. Board of Water Commissioners of the City of Detroit.

No. 57168: Hugo A. Gilmartin v. Board of Water Commissioners of the City of Detroit.

No. 57169: Maurice Fitzgerald v. Board of Water Commissioners of the City of Detroit.

No. 57170: Sol Goldwater v. Board of Water Commissioners of the City of Detroit.

No. 57171: John A. Nowakowski v. Board of Water Commissioners of the City of Detroit.

No. 57172: Frank Kunkel v. Board of Water Commissioners of the City of Detroit.

No. 57173: Harry Murphy v. Board of Water Commissioners of the City of Detroit.

After a hearing before Judges Alfred J. Murphy, Philip T. Van Zile, and P. J. M. Hally, upon these questions, a writ of mandamus issued directing the respondent, the board of water commissioners of the city of Detroit, to reinstate the relator in this cause to the employment held by him on the 6th day of May, 1913. Respondent brings this cause to this court by writ of certiorari.

We are so well satisfied with the opinion filed by [367]*367the judges in the court below that we reproduce it here:

“The relator, a discharged employee of the board of water commissioners of the city of Detroit, seeks a writ of mandamus to compel his reinstatement. The facts involved are not in dispute. It will serve consideration of the legal issues presented to summarize them.

“With due observance of Act No. 279 of the Public Acts of 1909, as amended by Act No. 203 of the Public Acts of 1911, and as further amended by a public act passed at the session of 1913, known as the Verdier Act [Act No. 5, Pub. Acts 1913], and entitled ‘An act to provide for the incorporation of cities and for revising and 'amending their charters,’ there was submitted for adoption to the electors of Detroit, at the election held April 7, 1913, a bill to establish a civil service system for the employees of the city.

“The measure was adopted by an affirmative vote of 26,561, with 7,291 cast against it. As required by the statute, the requisite copies of the enactment, with a statement of the-votes cast thereon, were filed with the secretary of State and the county clerk of Wayne county, respectively, on May 3, 1913.

“Upon May 6, 1913, Grobbel was dismissed by the respondent by resolution upon the assumption that the civil service enactment was not as yet in effect, and if in effect that the water board is not amenable to its provisions. The four commissioners created by the adoption of the civil service measure were duly appointed June 3, 1913, and had all qualified by June 6, 1913.

“The title of the measure approved by the voters is ‘A bill to amend an act entitled “An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in conflict therewith,” approved June 7, 1883, by adding a new chapter thereto, for the purpose of providing for civil service regulations for employees of the city of Detroit;’

“Among other things, it requires the civil service commission created by it to classify the employees of the city, and prohibits their discharge for political reasons, or for reasons other than the good of the service. Except certain designated officials, not here [368]*368germane, ‘all officers, clerks and subordinates of all officers, departments, and commissions of said city, whether now existing or hereafter created, shall be selected and appointed as herein provided, but the officers, clerks and other employees in the service of said city, when this amendment shall take effect, unless removed for cause, shall be entitled to retain their positions.’

“Two contentions are made by the respondent. It is urged that the civil service measure became operative only with the appointment and qualifications of the commissioners. If this be so, the discharge of the relator, being antecedent thereto, is not open to question. It is next insisted that the respondent, as a distinct corporate entity, does not come within the purview of the civil service law, and hence is in no way bound by its provisions.

“The first position is wholly untenable. The enabling act of the legislature by explicit language determines the time when measures such as the one in quéstion shall go into effect. In section 24 of that- act it is provided that upon the adoption of an amendment to a city charter, and upon filing with the secretary of State and the county clerk of the county in which the city interested is located, certified copies of the amendment, with the vote for and against it, as was done in the present case, the amendment ‘shall thereupon become law.’

“The power of the legislature to fix the time when the action of the electors shall become operative is unquestioned. The legislature having spoken in unmistakable terms, it is clear that the amendment received its vitality and, in fact, became law upon May 3, 1913, when the essential preliminaries had been complied with. To hold otherwise would be to disregard language which has no ambiguity in it, and which is imperative in its command.

“Furthermore, the claim that the efficacy of the measure lay wholly latent and suspended until the commission was appointed is negatived by the civil service act itself.

“The commission is required by the terms of section 1 to be appointed by the mayor ‘in the month following the date when the amendment shall become operative.’ Here is a clear recognition of the validity and [369]*369force of the law itself as pre-existent to the required appointments. One month is set aside within which to establish the machinery necessary to execute the provisions already operative. And finally, one of the expressed objects of the law, the right of all existing employees ‘to retain their positions’ in its inception bears no necessary relation to the future time when commissioners may be appointed. The conclusion seems irresistible that the civil service law was in force from and after May 3, 1913.

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Cite This Page — Counsel Stack

Bluebook (online)
149 N.W. 675, 181 Mich. 364, 1914 Mich. LEXIS 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grobbel-v-board-of-water-commissioners-mich-1914.