University of Michigan Law School University of Michigan Law School Scholarship Repository Michigan Legal Studies Series Law School History and Publications 1969 The niU versity of Michigan: Its Legal Profile William B. Cudlip Follow this and additional works at: https://repository.law.umich.edu/michigan_legal_studies Part of the Education Law Commons, and the State and Local Government Law Commons Recommended Citation Cudlip, William B. The nivU ersity of Michigan: Its Legal Profile. Ann Arbor: Univ. of Michigan, 1969. This Book is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Legal Studies Series by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE UNIVERSITY OF MICHIGAN: ITS LEGAL PROFILE THE UNIVERSITY OF MICHIGAN: ITS LEGAL PROFILE by William B. Cudlip, J.D. Published under the auspices of The University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from a gift to The University of Michigan by the Barbour-Woodward Fund. Copyright© by The University of Michigan, 1969 ACKNOWLEDGMENTS I suppose that lawyers are always curious about the legal history of any institution with which they are affiliated. As the University of Michigan approached its One Hundred Fiftieth year, my deep interest was heightened as I wondered about the legal structure and involvements of this durable edifice over that long period of time. This compendium is the result and I acknowledge the help that I have had. My secretaries, Mrs. Henry Herber, Mrs. James M. McCracken and Mrs. Mil­ ton W. Fuehrer, have been so patient and helpful in all ways, but especially in those tedious tasks of proofreading, typing and retyping. Professor William J. Pierce of the University of Michigan Law School, along with Robert Berger, a graduate student at the University of Michigan Law School, and Dean Charles W. Joiner of Wayne State University Law School have been of great assist­ ance with their many suggestions as to format and content. Pro­ fessor Pierce and Mr. Berger brought combined interest and experience to the task of suggesting orderly presentation of sub­ ject matter, weaving all together with clear and connective narra­ tive. Their aid has been of inestimable value. Jay A. Rosenberg, a student at the Law School, was kind enough to assist in study­ ing the records of suits instituted by or against the University in the Circuit Court for Washtenaw County, Michigan. The Clerk for the City of Ann Arbor, Mr. Look, graciously aided in our search for ordinances of the Village and City as they pertained to the University and contracts between the Uni­ versity and the City. None were deemed of significance, except the contract between the City of Ann Arbor and the University relating to police and fire protection of the University area and property. I am grateful to the Attorney General for Michigan, The Honorable Frank Kelley, and to his assistants, Mrs. Eugene Wanger and Miss Hilma B. Stelljes, for their many courtesies in helping me locate opinions of the Attorney General relating to v vi ACKNOWLEDGMENTS the University and permitting me to study them in the Lansing offices of the Attorney General. I made generous use of the Detroit Public Library and the Detroit Bar Association Library and the assistants at both places were most pleasing and helpful. WILLIAM B. CUDLIP June, 1969 FOREWORD Inspiration for the preparation of this volume came from reading two sections of Volume I of the four-volumes published in 1942 entitled, The University of Michigan-An Encyclopedic Survey. One section by E. Blythe Stason, Dean Emeritus of the University's Law School, is captioned "The Constitutional Sta­ tus of the University of Michigan." The other section captioned "The Organization, Powers and Personnel of the Board of Regents" was prepared by the Dean and the late Wilfred B. Shaw, long connected with the University in important adminis­ trative capacities and intimately acquainted with its history. The material here presented duplicates in part that con­ tained in these two sections. It is intended to be more specific and, in some respects, it is much more expansive. Moreover, it speaks of developments since the year 1942 when the survey was published. If occasionally it has value to those charged with adminis­ tering the affairs of the University and educational institutions of similar constitutional posture, the efforts in publishing this volume will be well rewarded. Subjects not treated in this volume are as follows: (a) Federal laws, such as those granting financial aid and other assistance, under which the federal government assists uni­ versities and colleges alone or in connection with other govern­ mental units, and state aid and assistance laws. (b) Statutes of Michigan appropriating funds for the sup­ port and maintenance of the University. (c) Statutes known as "millage tax laws," the first of which was enacted in 1867. This form of financial support for the Uni­ versity is no longer employed. When used there was imposed on property in the State, subject to ad valorem taxes, a millage tax in varying amounts based on assessed valuation. (d) General laws of the State of Michigan applicable to all citizens. vii viii FOREWORD (e) Proceedings involving the University of Michigan before state and local boards and commissions, and before municipal and justices courts. The legislative history of the University is extremely inter­ esting. It begins with the territorial laws enacted in 181 7 and con­ tinues to date. Michigan was admitted to the Union in 1837 and thereafter a legislature as constituted by the Constitution of the State, adopted in 183 5 and re-adopted in 183 7, enacted the laws. There was a revision of the State statutes in 183 7 and 1846. Since then pursuant to law, from time to time compila­ tions of statutes have been prepared. The generally recognized compilations were made in the years 1857, 1871, 1882, 1890, 1897, 1912, 1915, 1929 and 1948. In this volume the general history of significant laws enacted by the Territorial Council and by the State Legislature for each year from 1817 are considered and sufficiently treated in the Stason and Price articles contained in this volume (Chap­ ters I & V) and in Chapter III which discusses current statutes pertaining to the University and their history. It appears that no significant statutes enacted since 1817 have been enacted and then repealed, save perhaps the "millage" tax laws. Inconsequential laws were passed and repealed. A sum­ mary of all important statutes in force at this time is set forth. A university has many gleaming facets: governing board, administrative officers, faculty, students, alumni and, yes, many friends. The story of great institutions can be revealed in diverse ways, through the means of various media such as histories, arti­ cles and other writings. Surprisingly, perhaps, given antiquity of a sort, such institutions sooner or later are bound to become en­ meshed in law for one reason or another. This is particularly true of entities which are public institutions, such as the Univer­ sity of Michigan. Given this age, these laws, whether expressed in decisions or statutes, often tell much of interest as to the his­ tory, traditions, growth, rights and responsibilities of such bodies. The history and drama is slowly and haphazardly un­ folded, but for the reader it is there. WILLIAM B. CUDLIP June, 1969 CAPSULE HISTORY OF UNIVERSITY OF MICHIGAN With the thought that some perspective concerning the University's general history may be useful to one examining this volume, it seems desirable to mention in chronological order some of the main happenings in the one and one-half centuries of the life of this great educational institution. Year Event 1787 Congress adopted the Ordinance of 1787 provid­ ing for the government of the Northwest terri­ tories and the implanting of educational facilities therein. 1805 Territory of Michigan was organized and lands granted for educational purposes. 1817 Organization of a supervisory body known as the Catholepistemiad of Michigania in Detroit, Mich­ igan. Initiation of Fort Meigs treaty by Terri­ torial Governor Cass with Indians providing, among other things, for three sections of land for support of a territorial institution of higher learning. 1821 Congressional act setting aside two townships for use and support of a University within the Terri­ tory of Michigan. Creation of "University of Michigan" with changes in 1817 law. The new act provided for state-wide branches of the Uni­ versity. 1835 State Constitution adopted with recognition of the University and means for its support. ix x CAPSULE HISTORY Year Event 1836 Opening of building on Bates Street, Detroit, for admission of first students. 1837 Michigan admitted to Union as a State. Univer­ sity moved from Detroit to Ann Arbor. Forty-eight thousand acres of land given by United States to State of Michigan in trust for support of schools. Enactment by legislature of organic act of the University. 1841 Opening of University at Ann Arbor. Completion of first buildings. The first class held in Mason Hall consisted of seven students. There were two facu1ty members. 1850 Effective date of new state Constitution which created new and independent status for the Uni­ versity. Opening of Department of Medicine and Surgery. 1852 Appointment of President Henry Philip Tappan. 1860 Opening of Law Department. 1861-65 Interruptive Civil War and thereafter vigorous growth of institution. 1863 Appointment of President Erastus Otis Haven. 1867 Inauguration by legislature of the novel device of a millage tax for University support.