Michigan Supreme Court

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Michigan Supreme Court

• Cases Affecting Civil Rights

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Territorial Cases
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Judge Woodward1807

• Denison v Tucker slaves returned to Tucker who
  was deemed to be lawful master of the Denisons
• In Matter of Richard Pattinson Woodward decided
  not to return fugitive slaves
• Two cases demonstrate conflict between what was
  viewed as the immorality of slavery and an
  obligation to and interpretation of the laws

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Voting

• Gordon v Farrar Supreme Court found that voting
  was exclusive to white males, 1844
• People v Dean Justices Campbell, Cooley and
  Christiancy defined white as less than ¼ African
  blood
• Hedgeman v Board of Registration Court held that
  free blacks were not citizens

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Education

• Workman v Detroit Board of Education, 1869
• Separate but Equal Doctrine dismissed
• Public school admission based on race ruled
  illegal
• 1871 William W. Ferguson first African American
  admitted to Detroit Public School system
• Legal victory without practical application,
  schools continued to be segregated

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Public Accommodations

• Day v Owen, 1858
• Ferguson v Gies, 1890
• Bolden v Grand Rapids Operating Corp, 1927

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Day v Owen, 1858

• Denied passage on a steamer from Detroit to
  Toledo
• Sued for damages
• Court ruled that ultimately the defendant had the
  right to decide where a customer could ride on
  his steamer

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Ferguson v Gies, 1890

• Came after Civil Rights legislation, Act 130
• Counteracted ideology of Day v Owen
• In Michigan, there must be absolute,
  unconditional equality of White and Colored
  before the Law-Justice Morse
• Prominent African American representation

Justice Morse
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Bolden v Grand Rapids Operating Corp, 1927

• Gave African Americans right to sue for damages
  if discriminated against
• Michigans Civil Rights Statute was found to be
  constitutional exercise of the states police
  powers

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William W. Ferguson

• Prominent Detroit business owner of a printing
  company
• Became a lawyer in 1897
• First African American elected to Michigan
  Legislature

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D. Augustus Straker

• African-American lawyer from the Bahamas,
  represented Ferguson
• One of the first minorities to argue before the
  Michigan Supreme Court
• Included in 1900 time capsule that was recently
  opened

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Restrictive Covenants

• Most commonly, refusing housing based on racial
  restrictions
• Parmalee v Morris,1922 upheld racially
  restrictive covenants
• Sipes v McGhee, 1947 Led to a U.S. Supreme Court
  ruling that states could not enforce racially
  restrictive covenants

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Ramifications

• The Michigan Supreme Court promoted change and
  maintained the status quo, and positive or
  negative the Court has an undeniable impact on
  our lives.

• The cases chosen represent medley of the Courts
  work
• Historically, the Court reflected the
  conservative beliefs of Midwestern Michigan
  society

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Cases and Controversies

• Issues involving the Indigenous People of Michigan

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19th Century Treaties

• Seven treaties signed
• Each of the treaties had a specific purpose
  related toestablishing the state
• United States v Michigan found that treaties must
  be viewed in a manner most favorable for Native
  Americans

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Tribal Sovereignty

• Inherent right of the tribe to govern itself
• One example would be the existence of a separate,
  independent tribal judicial system
• Concept repeatedly upheld by the U.S. Supreme
  Court

• Tribal Sovereignty allows tribes to retain a host
  of rights including fishing, hunting, gaming, and
  higher education tuition waivers

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Hunting and Fishing Rights

• Controversy over rights retained by various
  tribes in the numerous treaties signed between
  1836 and 1855
• People v Chosa, 1930
• People v Jondreau, 1971

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1970s

• DNR bans gill nets in the early 70s, limiting the
  most commonly practiced method of fishing
  utilized by Native Americans
• People v LeBlanc deals with license requirements
  and the rights of the state to prohibit gill nets

• United States v State of Michigan
• Considered by some to be the most far-reaching
  Indian rights decision
• The decision by Judge Joel Fox confirmed that
  treaty rights took precedence over the states
  ability to regulate fishing

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Gill Nets
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Consent Agreement

• An attempt to find compromise between fishing use
  for tribal, non-tribal commercial, and sport
  fishers
• The Consent Agreement of 1985 aimed for
  accommodation of Indian rights, protection of
  fishery, and cessation of Indian-white
  hostilities
• The Agreement was renewed in 2000, and for the
  most part has been considered a success

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Gambling

• IGRA Indian Gaming Regulatory Act
• Act of Congress passed in 1988
• Specific guidelines to regulate gambling
  nationally
• Forced states to enter into good faith
  negotiations with tribes

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Native American Casinos in Michigan
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Negotiations

• Slot Machines
• Stalled negotiations in Michigan for almost four
  years
• Primages v Liquor Control Commission confirmed
  that electronic games of chance are legal in
  Michigan

• Compact negotiations concluded on August 30, 1993
  
• Native-American casinos agreed to pay 8 tax on
  Net Win

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Detroit Casinos

• Governor Engler has refused off-site casinos for
  Native Americans
• On the fourth attempt, a proposal to allow three
  private casinos was passed in the city of Detroit
• New casinos were allowed to operate slot machines

• Sault Ste. Marie Tribe of Chippewa Indians v
  Engler, in 1998
• Revolved around the issue of net win and if
  Native-American casinos are still accountable to
  pay, which they were found to be

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Conclusion

• They are many additional controversies that
  involve the interactions between Native Americans
  and non-Indian people in the state of Michigan
• Cases involving tribal sovereignty, fishing
  rights, and gambling are intended to represent
  the most prevalent issues for the majority of
  Michiganders