Plaintiffs, husband and wife, “sued in the Ingham county circuit court for damages • resulting from injuries allegedly sustained by the wife when a glass milk contаiner, purchased from defendant State board, crumbled in her hand. Defendant board moved to dismiss as to it on the ground of lаck of jurisdiction in that court, contending that it.reposes, еxclusively in the court of claims. The motion was granted. Plaintiffs appeal..
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The question presented is a jurisdictional оne. Michigan Constitution of 1908, art 11, § 8, provides that the defendant, thе State hoard of agriculture, now known as “The Board of Trustees of Michigan State University of Agriculture and Applied Sciеnce”, “shall have the general supervision of the college, and the direction and control of all college funds”. With respect to this and the like constitutional provisiоn relating to the University of Michigan
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, this Court has held that they have invеsted the governing bodies of the 2 universities with the entire contrоl and management of the affairs and property of those institutions, to the exclusion of all other departments оf the State government from any interference therewith.
Weinberg
v.
Regents of University,
It is оn the above basis that plaintiffs contend that the legislaturе could not include the defendant board within the exclusive jurisdiction of the court of claims because this would reprеsent an invasion by the legislature of the board’s exclusive right of control of the affairs and property of the university.
It is tо be noted that the mentioned constitutional article 11, § 8, in nоwise empowers the board to create courts оr to confer upon or withhold jurisdiction from any court. On the contrary, article 7, § 1, after establishing certain courts, provides for “such other courts of civil and criminal jurisdiction, inferiоr to the Supreme Court, as the legislature may establish by genеral law.” That expressly conferred power the legislature exercised in creating the court of claims by the еnactment of PA 1939, No 135 (CL 1948, § 691.101 et seq. [Stat Ann 1959 Cum Supp *230 §27.3548(1) et.seq.]). By that act the legislature conferred exclusive jurisdiction upon the court of claims over “сlaims and demands”, over $100, “against the State or any of its deрartments, commissions, boards, institutions, arms or agencies”. That lаnguage is broad enough to include defendant board. In thus conferring exclusive jurisdiction on the court of claims, the legislature has also exercised the power contemplated by Michigan Constitution of 1908, art 7, § 10, which provides that:
“Circuit cоurts shall have original jurisdiction in all matters civil and criminal not еxcepted in this Constitution and not prohibited by law.” (Italics supplied.)
By the enactment in question jurisdiction in this matter has become prohibited to the circuit court by law.
To conclude, involved in the jurisdictional question here рresented is not the power to control university affairs аnd property, vested by the Constitution in defendant board, but, rathеr, the power to fix the jurisdiction of courts inferior to the Suрreme Court, vested by Constitution in the legislature. The court of claims act is, therefore, in the respect here considered, constitutional.
Order dismissing is affirmed, without costs, a public question being involved.
Notes
Michigan Const 1908, art 11, § 5.