People v. Gansley

158 N.W. 195, 191 Mich. 357, 1916 Mich. LEXIS 676
CourtMichigan Supreme Court
DecidedJune 1, 1916
DocketDocket No. 107
StatusPublished
Cited by11 cases

This text of 158 N.W. 195 (People v. Gansley) 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 v. Gansley, 158 N.W. 195, 191 Mich. 357, 1916 Mich. LEXIS 676 (Mich. 1916).

Opinions

Stone, C. J.

This case is brought here upon exceptions by the respondent, after conviction, and before sentence, for an alleged violation of section 14 of Act No. 109, Pub. Acts 1913 (1 Comp. Laws 1915, § 3841), entitled:

[359]*359“An act to regulate and limit nomination and election expenses, to define and prevent corrupt and illegal practices in nominations and elections, to secure and protect the purity of the ballot, and to require accounts of nomination and election expenses to bé filed, and providing penalties for the violation of this act.”

The accusation set forth in the information reads as follows:

“That heretofore, to wit, on the 1st day of April, A. D. 1914, at the city of Lansing, and in the county aforesaid, one Jacob Gansley, being then and there an official, director, and manager of the Lansing Brewing Company, a Michigan corporation, and acting for said Lansing Brewing Company, a Michigan corporation, did pay, give, and lend to a certain political committee, to wit, the Personal Liberty League of Lansing, Michigan, the sum of five hundred ($500.00) dollars, in money belonging to the said Lansing Brewing Company, for the payment of election expenses incurred in opposing local option at an election to be held and which was held on the 6th day of April, A. D. 1914, in the said county of Ingham, to ascertain the will of the electors of said county, whether or not the manufacture of liquors and the liquor traffic should be prohibited within the limits of said county, the said Lansing Brewing Company being then and there a corporation incorporated and existing under the laws of the State of Michigan and doing business at the city of Lansing in said State, and not being a corporation formed for political purposes; the said Personal Liberty League then and there being a. committee opposing local option at the election to be held and which was held in said county of Ingham on the 6th day of April, A. D. 1914, to ascertain the will of the electors of said county, whether or not the manufacture of liquors and the liquor traffic should be prohibited within the limits of said County — contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.”

Upon arraignment the respondent stood mute, but moved the court to dismiss the information for the [360]*360reason: That it set forth no offense known to the law. That said section 14 is unconstitutional and void because :

(1) Said section is not within the title to the act, and is in conflict with the provision of the Constitution of this State requiring the object of an act of the legislature to be set forth in its title.
(2) That said section 14 is in conflict with the provisions of the Fourteenth Amendment of the Constitution of the United States, that no State shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. That corporations are persons within the meaning of the Fourteenth Amendment of the Constitution of the United States, and said section 14 denies to all corporations, domestic or foreign, other than corporations organized for political purposes, the right secured to natural persons by section 3 of said act to make expenditures of money for nomination or election expenses.
(3) That the title of said act confines it to the nomination and election of candidates for office, and it can have no application to local option elections in the several counties of the State, under the local option prohibitory liquor laws of this State.
(4) That said section 14 is in conflict with section 4 of article 2 of the Constitution of this State.
(5) That the act is indefinite, uncertain, and vague, and the intent and meaning of the same cannot be interpreted.
(6) That it is class legislation, especially section 14 of the act.

The trial court overruled the motion, to which ruling respondent duly excepted, and thereupon a plea of not guilty was entered by order of the court. The assignments of error are to the effect that the court erred in overruling respondent’s motion to dismiss the information, which motion was made at the time said respondent was arraigned, and renewed after the evidence had been submitted; also in adjudging the re[361]*361spondent guilty, contrary to the objections to said information. In this court counsel for respondent argued the questions presented under the following heads:

(1) Whether the act has any application to elections under the local-option prohibitory liquor law.
(2) That section 14 of the act is unconstitutional and void, first, because it denies to corporations, as artificial persons, the right granted to natural persons to make the legitimate expenditures authorized by section 3 of the act; and, second, it denies to corporations the right to make such lawful expenditures as may be necessary to protect their interests in contests to be determined by the people at the polls.
(3) That section 14 is also in conflict with the provision of the Constitution of this State, which (section 4, art. 2) reads:
‘Every person, may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.”
(4) That the whole act should be declared unconstitutional and void.

It may be said at the threshold of this opinion that the construction and validity of the act in question, in so far as it affects the conduct of the respondent, are here involved.

1. As we understand the first position of counsel for the respondent, it is that this act, which is generally spoken of as the “Corrupt Practices Act,” has no application to what may be termed local-option elections; “that, looking at the title and body of the act together, neither should be construed as applying to local-option elections.” We have with some care made an analysis of this act, copying such sections as are particularly relevant, and, as this is the first time we have been called upon to examine the act, we include such analysis here:

[362]*362Section 1 of the act (1 Comp. Laws 1915, § 3828) limits the sum of money to be paid, or expenses authorized or incurred, by or on behalf of any candidate, to be paid by Mm in order to secure or aid in securing his nomination to any public office or position in this State. It also provides that no sums of money shall be paid, and no expense authorized or incurred, by or on behalf of any candidate who has received a nomination to any such office or position, in excess of a stated amount; further, that no sum of money shall be paid, and no expense authorized or incurred, by or on behalf of any candidate contrary to the provisions of the act.

Section 2 (1 Comp.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michigan State Chamber of Commerce v. Austin
643 F. Supp. 397 (W.D. Michigan, 1986)
Council No 11, Afscme v. Civil Service Commission
292 N.W.2d 442 (Michigan Supreme Court, 1980)
Advisory Opinion on Constitutionality of 1975 PA 227
242 N.W.2d 3 (Michigan Supreme Court, 1976)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 1973
Schwartz v. Romnes
357 F. Supp. 30 (S.D. New York, 1973)
State ex rel. Corrigan v. Cleveland-Cliffs Iron Co.
169 Ohio St. (N.S.) 42 (Ohio Supreme Court, 1959)
Sebewaing Industries, Inc. v. Village of Sebewaing
60 N.W.2d 444 (Michigan Supreme Court, 1953)
Smith v. Higinbothom
48 A.2d 754 (Court of Appeals of Maryland, 1946)
Labelle v. Hennepin County Bar Assn.
288 N.W. 788 (Supreme Court of Minnesota, 1939)
Burt v. Munising Woodenware Co.
193 N.W. 895 (Michigan Supreme Court, 1923)

Cite This Page — Counsel Stack

Bluebook (online)
158 N.W. 195, 191 Mich. 357, 1916 Mich. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gansley-mich-1916.