{dissenting). We deal in this matter with a writ of mandamus issued by the circuit court of Wayne county. I would agree with Mr. Justice Kavanagh in writing for affirmance of this writ if it were not for the existence of a question as to whether the statute as applied violates the principle of separation of powers of government required by the Michigan Constitution (1908), art 4, §§ 1 and 2.
It is my belief that we should not affirm issuance of writ of mandamus contemplated in this case without first requiring reargument and briefing directed *90to the constitutional question, which the parties have thus far sought to avoid.
Smith and Black, JJ., concurred with Edwards, J. Souris, J., took no part in the decision of this case.-