People ex rel. Regents of the University v. Brooks

224 Mich. 45
CourtMichigan Supreme Court
DecidedJuly 19, 1923
DocketCalendar No. 30,956
StatusPublished
Cited by19 cases

This text of 224 Mich. 45 (People ex rel. Regents of the University v. Brooks) 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
People ex rel. Regents of the University v. Brooks, 224 Mich. 45 (Mich. 1923).

Opinion

McDonald, J.

This is a review by certiorari of certain condemnation proceedings had in the circuit court of Washtenaw county. An alumnus of the university of Michigan proposed to the regents that he would contribute a million and a half dollars for the construction of a building to be used for law school purposes, and to be known as “The Lawyers’ Club.” [47]*47The regents accepted the proposal and arranged with the State administrative board for the money with which to purchase a portion of two blocks immediately south of the campus as a site for the building. Eleven property owners refused to sell, and it became necessary for the board of regents to endeavor to acquire the title by judicial condemnation. By resolution of November 24, 1922, they declared the taking of this property a public necessity for use of the university and directed the attorney general of the State of Michigan to institute condemnation proceedings. A petition was filed, trial was had, and on February 6, 1923, the jury rendered its verdict, finding a public necessity for the taking of the property and awarding the defendants damages in various amounts, totaling $230,874. . The court entered an order confirming the verdict. Six of the property owners accepted the amount awarded them and made deeds to the university. Five are here seeking a review of the proceedings.

The first question presented by the record is stated by defendants in their brief as follows:

“The statute under which the proceedings were brought is unconstitutional, to the extent that it attempts to authorize proceedings in behalf of the regents of the university of Michigan, because the title of the statute is not broad enough to authorize the enactment of such authority.”

The proceedings were brought under Act No. 236 of the Public Acts of 1911 (1 Comp. Laws 1915, § 349 et seq.), the title of which reads as follows:

“An act to authorize proceedings by the State to condemn private property for public use.”

The following provisions of the Constitution of the State of Michigan form the basis of defendants’ objections to the title in question:

[48]*48“No law shall embrace more than one object which shall be expressed in its title.” * * * Const. 1908, Art. 5, § 21.
“The regents of the university and their successors in office shall continue to constitute the body corporate known as ‘The Regents of the University of Michigan.’ ” Art. 11, § 4.
_ “The board of regents shall have the general supervision of the university and the direction and control of all expenditures from the university funds.” Art. 11, § 5.
“The regents of the university of Michigan shall have power to take private property for the use of the university in the manner prescribed by law.” Art. 13, § 4.

It is argued by the defendants that the title only authorizes proceedings by the State, that “The Regents of the University of Michigan” is a constitutional corporation, independent of the State, separate and distinct in its authority, and, therefore, the title does not indicate that one of the objects of the legislation is the taking of private property by that corporation. While it is true that “The Regents of the University of Michigan,” more commonly called the “board of regents,” is a separate entity, independent of the State as to the management and control of the university and its property, it is nevertheless a department of the State government, created by the Constitution to perform State functions, and the real estate which it holds, or acquires, is public property belonging to the State, held by the corporation in trust for the purposes of the university which are public purposes. See Auditor General v. Regents of the University, 83 Mich. 467 (10 L. R. A. 376).

In support of their conception of the legal character of this corporation, counsel for the defendants seem to rely on Weinberg v. Regents of the University, 97 [49]*49Mich. 246. A careful reading of the opinion of Justice Grant in that case will show that the decision is based solely on the constitutional right of the regents to the absolute and exclusive control of all university property. That right has been recognized by every judicial decision of this court in which this question has been considered. It has become the well settled purpose and policy of the law. But it has not been held that the university was not a State institution, or that the real estate which the regents are authorized to acquire and hold for university purposes is not property of the State. The following cases are of interest on the history of the university and the constitutional powers and duties of its board of regents. Regents of the University v. Board of Education, 4 Mich. 213; Regents of the University v. Detroit Young Men’s Society, 12 Mich. 138; Sterling v. Regents of the University, 110 Mich. 369 (34 L. R. A. 150); Regents of the University v. Auditor General, 167 Mich. 444.

With this understanding as to the character of the corporation, it will plainly be seen that there is here no constitutional objection to the title df the act in question. The one general purpose as expressed in the title and in the body of the act is the same,- viz., the condemnation of private property for public use. Every section is germane to the object expressed in the title. It is not necessary for compliance with the constitutional requirement that the various institutions for which the land is to be used should be designated in the title. In Loomis v. Rogers, 197 Mich. 265, this court, speaking through Mr. Justice Steere, said:

“If the act centers to one main general object or purpose which the title comprehensively declares, though in general terms, and if provisions in the body of the act not directly mentioned in the title are [50]*50germane, auxiliary or incidental to that general purpose, the constitutional requirement is met.
“A title is but a descriptive caption, directing attention to the subject-matter which follows.”

We think the general object of the act under which this proceeding is brought is sufficiently expressed in its title.

It is further urged by counsel for the defendants that though the act be constitutional in respect to its title, it does not include the board of regents, because it provides that the judgment of confirmation vests the title of the land in the State instead of in the corporation, and requires the proceeding to be brought in the name of the State. In this regard it is the claim of counsel that only the regents in their corporate capacity can hold title to the property, and that the Constitution gives the corporation the right of eminent domain in its own name. It will be observed, however, that this right is to be exercised by the regents in “the manner prescribed by law.” The act in question is apparently the attempt of the legislature to prescribe the proceeding necessary to the exercise of this power; We see no constitutional objection to the provision requiring the suit to be prosecuted in the name of the State. It is the manner prescribed by law. The money for the payment of this property was furnished by the State, and deposited in court by the administrative board for the payment of the judgment.

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Bluebook (online)
224 Mich. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-regents-of-the-university-v-brooks-mich-1923.