History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests / compiled from the official records of the county, the newspapers and data of personal interviews, under the editorial supervision of Thaddeus D. Seeley.

114

HISTORY OF OAKLAND COUNTY

A SUMMARY
To recapitulate: Under the first state constitution, the supreme
court consisted of a chief justice and two associates, appointed by the
governor, who also had jurisdiction over three circuits, and their term
of service was seven years; the constitution of 1850 provided that for
the term of six years the five circuit judges of the state should constitute the supreme court, their office being made elective; in 1857 the
members of the supreme court were made by legislative enactment to
consist of one chief and three associates, elected by the people for a
term of eight years; the legislature of 1887 increased the number of
justices to five and lengthened the term to ten years, and in I903 the
court was made to consist of eight justices with term reduced to eight
years.
Under the first state constitution Michigan was divided into three
circuits, over which the supreme court judge presided; the constitution
of I850 made the circuit judge elective and the term of office six years.
In 1879 the state was divided into thirty-five circuits; in I899 the
thirty-sixth was created; in io9I the thirty-seventh and thirty-eighth
and in I907 the thirty-ninth and last. The sixth circuit still comprises
Oakland and Lapeer counties and is presided over by George W. Smith
of Pontiac.
UNDER THE PRESENT CONSTITUTION
The constitution now in force, which was accepted by the people
November 3, I908, vests the judicial power of the state in "one supreme
court, circuit courts, probate courts, justices of the peace and such
other courts of criminal and civil jurisdiction inferior to the supreme
court, as the legislature may establish by general law, by a two-thirds
vote of the members elected to each house." The supreme court consists of a chief justice and seven associates, two members of that body
being elected biennially. Four terms of court are held annually, its
jurisdiction being generally understood.
By the constitution of o909 the courts of the thirty-nine circuits into
which the state is divided are also required to be held four times each
year in every county organized for judicial purposes. Circuit courts
have "original jurisdiction in all matters civil and criminal not excepted
in this constitution (Io99) and not prohibited by law, and appellate jurisdiction from all inferior courts and tribunals and a supervisory control
of same. They shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, and certiorari and to hear and determine the same; and to issue such other writs as may be necessary to
carry into effect their orders, judgments and decrees and give them
general control over inferior courts and tribunals within their respective
jurisdictions and all such other cases and matters as the supreme court
shall by rule prescribe."
Under the constitution of I909 the probate courts of the state "have
original jurisdiction in all cases of juvenile delinquents and dependents,"
besides the powers usually prescribed for and exercised by them. The
judges are elected for a four-year term, provision being made for "more