207 Mich. 35 | Mich. | 1919
The relator seeks mandamus to compel the respondents to take a complaint under a city ordinance of the city of Detroit for an alleged violation of the provisions of the section of an ordinance which prohibits “speeding,” so-called, in that city. The learned recorder took the view that the ordinance, in so far as it undertook to punish “speeding,” contravened the “Michigan motor vehicle law,” and refused
Since the time when the order to show cause in this matter was issued against the respondent, he has left the bench and has been succeeded by the Hon. Charles T. Wilkins, the present recorder. However, as the proceeding is directed to the judge officially, the determination of this matter is binding upon the incumbent, whoever he may be. People v. Bacon, 18 Mich. 247.
It is the contention of counsel for respondents that the municipality has power only to legislate upon the subject-matter of the control of its streets when the legislature of the State has not by general legislation covered the subject-matter. In support of this contention, the case of People v. McGraw, 184 Mich. 233, is relied upon. In that opinion it was said:
“The municipality retains reasonable control of its highways, which is such control as cannot be said to be unreasonable and inconsistent with regulations which have been established, or may be established, by the State itself with reference thereto. This, construction allows a municipality to recognize local and peculiar conditions and to pass ordinances regulating traffic on its streets, which do not contravene State laws.”
Section 30 (1 Comp. Laws 1915, § 4826) of the “Michigan motor vehicle law” confers jurisdiction to hear, try and pass sentence for any and all violations of any of the provisions of the act, upon police justices of any city or justices, of the peace of the county where any such violation shall occur; and section 33 (1 Comp. Laws 1915, § 4829) of the same act provides for a comprehensive method of certifying convictions under the State law, for recording such certificates
The writ will issue as prayed for, but without costs to either party.