Michigan Supreme Court Cases Affecting Civil Rights Territorial

Michigan Supreme Court Cases Affecting Civil Rights

Territorial Cases

Judge Woodward: 1807 • Denison v Tucker: slaves returned to Tucker who was deemed to be lawful master of the Denison’s • 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

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

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

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

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

Ferguson v Gies, 1890 • Came after Civil Rights Justice Morse 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

Bolden v Grand Rapids Operating Corp, 1927 • Gave African Americans right to sue for damages if discriminated against • Michigan’s Civil Rights Statute was found to be constitutional exercise of the state’s police powers

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

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

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

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 Court’s work • Historically, the Court reflected the conservative beliefs of Midwestern Michigan society

Cases and Controversies: Issues involving the Indigenous People of Michigan

th 19 Century Treaties • Seven treaties signed • “Each of the treaties had a specific purpose related to…establishing the state” • United States v Michigan found that treaties must be viewed in a manner most favorable for Native Americans

Tribal Sovereignty • “Inherent right of • Tribal Sovereignty the tribe to govern allows tribes to itself” retain a host of • One example would rights including be the existence of a fishing, hunting, separate, gaming, and higher independent tribal judicial system education tuition waivers • Concept repeatedly upheld by the U. S. Supreme Court

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

1970 s • DNR bans gill nets in the early 70 s, limiting the most commonly practiced method of fishing utilized by Native Americans • People v Le. Blanc 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 farreaching Indian rights decision” • The decision by Judge Joel Fox confirmed that treaty rights took precedence over the state’s ability to regulate fishing

Gill Nets

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

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

Native American Casinos in Michigan

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”

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

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