USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 11
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Jackson .- Joab Page, Benjamin H. Packard.
Kalamazoo .- Samuel Percival, Ira Lyon, Isaac W. Willard, Ambrose Searle.
Kent .- Samuel Dexter, Charles J. Walker.
Lapeer .- Norman Davison, Harvey Gray.
Lenawee .- John Hutchins, Jeremiah D. Thompson, Joseph Rickey, Addison J. Comstock, Peter Morey, John J. Adam, Oliver Miller, Darius C. Jackson.
Oakland .- Gideon O. Whittemore, Hiram Baritt, Joseph Coates, Charles Grant, Parley W. C. Gates, John S. Livermore, Henry S. Babcock, William K. Crooks, Samuel White, James B. Hunt, David Chase, Benjamin B. Morris. Saginaw .- Gardner D. Williams, Samuel G. Watson.
St. Clair .- Ralph Wadhams, Joel Tucker.
St. Joseph .- Phillip R. Toll, Aaron B. Watkins, William H. Adams, Stephen W. Truesdell.
Van Buren .- Charles B. Avery.
Washtenaw .- Nelson H. Wing, Salmon Champion, Jr., Nathaniel Noble, Lyman Downs, James Houston, Esek Pray, George W. Jewitt, Solomon Sutherland, Samuel Denton, Samuel B. Bradley, Elisha Congdon, Stoddard W. Twatchell, Jesse Warner.
11
82
CONSTITUTIONAL CONVENTIONS.
Wayne .- John R. Williams, Ross Wilkins, Charles Moran, Marshal J. Bacon, Daniel Goodwin, Benjamin F. II. Witherell, John E. Schwarz, Reynold Gillett, Eli Bradshaw, Horace A. Noyes, Elihu Morse, Warren Tuttle, Archibald Y. Murray, James Bucklin, Josiah Mason, Charles F. Irwin.
The delegates to this convention were elected December 5 and 6, 1836, in pursuance of a recommendation of the people, and ostensibly in compliance with the act of the state legislature of July 23, 1836. They met in convention at Ann Arbor, December 14 and 15, 1836, and adopted a resoluton giving the assent of the state to the requirement of the act of congress of June 15, 1836. The resolution was signed by the above named delegates, excepting those whose names are printed in italics, who were returned to the secretary of state as elected, but do not appear to have taken part in the convention. The above information is obtained from the record of the election returns and canvass of 1835-45, now in the office of secretary of state.
CONVENTION OF 1850.
(Convened at Lansing, June 3, and adjourned August 15, 1850.)
OFFICERS.
DANIEL GOODWIN,
President.
JOHN SWEGLES, JR., HORACE F. ROBERTS, CHARLES HASCALL, -
- Secretaries.
DAVID HUBBARD, JR.,
Sergeant-at-arms.
DELEGATES.
Allegan .- Oka Town.
Barry .- Joseph W. T. Orr.
Berrien .- Calvin Britain, Jacob Beeson, Charles W. Whipple.
Branch .- Wales Adams, Alvarado Brown, Asahel Brown.
Calhoun .- Isaac E. Crary, Milo Soule, William V. Morrison, John D. Pierce, Nathan Pierce.
Cass .- George Redfield, Mitchell Robinson, James Sullivan.
Chippewa .- Elijah J. Roberts.
Clinton .- David Sturgis.
Eaton .- Charles E. Beardsley, John D. Burns.
Genesee .- John Bartow, Elbridge G. Gale, Dewitt C. Leach.
Hillsdale .- John P. Cook, Daniel Kinne, John Mosher, Jonathan B. Graham Ingham .- Charles P. Bush, Ephraim B. Danforth.
Ionia .- Henry Bartow, Cyrus Lovell.
Jackson .- Robert H. Anderson, John L. Butterfield, Jerry G. Cornell, Elisha. S. Robinson, Wilbur F. Storey.
L' Kalamazoo .- Hezekiah G. Wells, Samuel Clark, Volney Hascall.
[] Kent and Ottawa .- Rix Robinson, Thomas B. Church, Timothy Eastman. Lapeer .- Noah H. Hart, Jonathan R. White.
83
CONSTITUTIONAL CONVENTIONS.
Lenawee .- Addison J. Comstock, Alexander R. Tiffany, Peter R. Adams, Charles Chandler, George C. Harvey, Nelson Green, Ebenezer Daniels.
Livingston .- Daniel S. Lee, Robert Crouse, Robert Warden, Jr., Ely Barnard. Mackinac .- William Norman McLeod.
Macomb .- DeWitt C. Walker, Charles W. Chapel, Andrew S. Robertson, Hiram Hathaway.
Monroe .- Robert McClelland, Alexander M. Arzeno, Emerson Choate, Henry B. Marvin.
Oakland .- James Webster, Alfred H. Hanscom, Seneca Newberry, Jacob Vanvalkenburg, Ebenezer Raynale, Gideon O. Whittemore, William Axford, Zebina M. Mowry, Elias S. Woodman.
Saginaw .- Jabez G. Sutherland.
Shiawassee .- Francis J. Prevost.
St. Clair .- John Clark, Lorenzo M. Mason, Reuben B. Dimond.
St. Joseph .- William Connor, Joseph R. Williams, Edward S. Moore. Van Buren .- Isaac W. Willard.
Washtenaw .- James Kingsley, Elias M. Skinner, Earls P. Gardiner, Daniel Hixson, Morgan O'Brien, William S. Carr, Benjamin W. Waite, James M. Edmunds.
Wayne .- Daniel Goodwin, Benjamin F. H. Witherell, John Gibson, Ammon Brown, Henry J. Alvord, Henry Fralick, Peter Desnoyers, Henry T. Backus, Joseph H. Bagg, Ebenezer C. Eaton.
The delegates to this convention were elected May 6, 1850, in pursuance of act No. 78 of the laws of 1850. The constitution as revised by the convention was submitted to the people November 5, 1850, and adopted by a majority of 26,736 votes. It is the constitution now in force. It has been amended from time to time. The proposed amendments and votes on the same may be found by referring to the index.
CONVENTION OF 1867.
(Convened at Lansing, May 15, and adjourned August 22, 1867.)
OFFICERS.
CHARLES M. CROSWELL,
President.
THOMAS H. GLENN, G. X. M. COLLIER, T. P. MILES,
Secretaries.
D. B. PURINTON,
Sergeant-at-arms.
SEYMOUR FOSTER, Postmaster
DELEGATES.
Allegan .- William B. Williams, William E. White.
Barry .- Harvey Wright, Adam Elliott. Bay .- James Birney.
Berrien .- William S. Farmer, Lorenzo P. Alexander, Henry H. Coolidge. Branch .- Cyrus G. Luce, Asahel Brown, Julius S. Barber.
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CONSTITUTIONAL CONVENTIONS.
Calhoun .- Charles D. Holmes, Eden F. Henderson, George Willard Cass .- Levi Aldrich, John Jacob Van Riper.
Clinton .- Alva H. Walker, Nathaniel I. Daniells.
Eaton .- Joseph Musgrave, Milton P. Burtch.
Genesee .- Sumner Howard, Henry R. Lovell, Thaddeus G. Smith. Grand Traverse, etc .- De Witt C. Leach.
Gratiot .- De Witt C. Chapin.
Hillsdale .- Lewis J. Thompson, Daniel L. Pratt, Simeon P. Root.
Houghton .- John Q. Mckernon.
Huron .- Richard Winsor.
Ingham .- John W. Longyear, Lemuel Woodhouse.
Ionia .- George W. Germain, Sanford A. Yeomans.
Jackson .- Eugene Pringle, Freeman C. Watkins, William F. Goodwin.
Kalamazoo .- Marsh Giddings, Delamore Duncan, Milton Bradley.
Kent .- Solomon L. Withey, Jacob Ferris, Milton C. Watkins, Lyman Murray. Keweenaw .- Robert F. Gulick.
Lapeer .- Myron C. Kenney, John M. Lamb.
Lenawee .- Jacob C. Sawyer, Perley Bills, Martin P. Stockwell, Horace J. Sheldon, Charles M. Crosswell.
Livingston .- Benjamin W. Lawrence, Edwin B. Winans.
Mackinac, etc .- Bela Chapman.
Macomb .- Dexter Mussey, Thomas M. Crocker, Wm. W. Andrus.
Marquette .- Eleazer S. Ingalls.
Midland, etc .- Perry H. Estee.
Monroe .- Edward G. Morton, William A. Rafter, William Corbin.
Montcalm .- George F. Case.
Muskegon .- Henry M. Holt.
Newaygo, etc .- William S. Utley.
Oakland .- P. Dean Warner, Edward P. Harris, Willard M. McConnell, Jacob Vanvalkenburg.
Ontonagon .- James Burtenshaw.
Ottawa .- John Haire, Hiram Jennison.
Saginaw .- Jabez G. Sutherland, Hiram L. Miller.
Sanilac .- John Divine.
Shiawassee .- Josiah Turner, S. Titus Parsons.
St. Clair .- Marcus H. Miles, Ezra Hazen, Omar D. Conger.
St. Joseph .- William L. Stoughton, Comfort Tyler, Levi T. Hul.
Tuscola .- Benjamin W. Houston, Jr.
Van Buren .- Samuel H. Blackman, Charles Duncombe.
Washtenaw .- Thomas Ninde, Charles H. Richmond, Lyman D. Norris, Daniel Hixson.
Wayne .- Robert McClelland, Daniel Goodwin, Peter Desnoyers, William A. Smith, Johnathan Shearer, William E. Warner, George V. N. Lothrop, Peter Henkel, William Purcell.
The delegates to this convention were elected April 1, 1867, in pursuance of act No. 41, of the session laws of 1867. The constitution as revised by this convention was submitted to the people April 6, 1868. It was rejected by a vote of 71,733 yeas, to 110,582 nays.
CONSTITUTIONAL CONVENTIONS.
85%
CONSTITUTIONAL COMMISSION OF 1873.
(Convened at Lansing August 27, and adjourned October 16. 1873.)
OFFICERS.
SULLIVAN M. CUTCHEON.
Chairman ..
Clerk ..
HENRY S. CLUBB, - STEPHEN B. MCCRACKEN, -
Assistant Clerk.
WILLIAM BURNHAM, -
Door Keeper ..
Congressional districts.
Members.
Counties.
1 Elijah W. Meddaugh.
Ashley Pond .
2 Edwin Willits
Sullivan M. Cutcheon (a)
3 Isaac M. Crane.
Charles Upson .
4
Henry H. Riley.
Hezekiah G. Wells.
5 Solomon L. Withey .. Lyman G. Mason (resigned September 2, 1873) William M. Ferry (b)
6 Ira D. Crouse.
Lysander Woodward
7 Edwin W. Giddings (resigned October 8, 1873).
John Divine .
8 Herschel H. Hatch David H. Jerome.
9 James R. Devereaux.
Seth C. Moffatt
Wayne. Wayne. Monroe. Washtenaw ... Eaton. Branch. St. Joseph. Kalamazoo .. Kent. Muskegon. Ottawa. Livingston ... Oakland. Macomb. Sanilac .. Bay. Saginaw. Houghton .. Leelanau.
(a) Elected chairman.
(b) Appointed October 2, 1873, vice Mason.
This commission consisted of two members from each congressional district of the state, who were appointed by the governor, pursuant to joint resolu -- tion No. 19 of the legislature of 1873. It completed its labors October 16, and made a formal report to the governor. The constitution as revised by the commission was submitted to the people November 3, 1874, in pursuance of joint resolution No. 4 of the session of 1874, and rejected by a vote of 39,285. yeas to 124,034 nays.
.
OF THE LEGISLATURE. [Act. No. 3. Laws of 1873.]
AN ACT to provide for the payment of the officers and mem- bers of the legislature.
Appropria- tion.
SECTION 1. The People of the State of Michigan enact, That there be and hereby is appropriated out of any money in the treasury to the credit of the general fund, a sum sufficient for the payment of the officers and members of the legisla- ture for the present, and each session hereafter.
Compensa- tion of offi- cers and members. SEC. 2. The compensation of the president and members of the senate, and of the speaker and members of the house of representatives, shall be three dollars per day each, for actual attendance, and when absent on account of sickness during the session of the legislature, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled route. Each mem- ber of the senate and the house of representatives shall be entitled to receive five dollars for stationery and newspapers. Of secretary, The compensation of the secretary, engrossing and enrolling clerks, ser- geant-at-, arms, etc. clerk, and sergeant-at-arms of the senate, and their author- ized assistants, and of the clerk and engrossing and enrolling clerk, and sergeant-at-arms of the house of representatives, and their authorized assistants, and of the clerks employed with the consent of the senate and house of representatives, by any standing or special committees of either of said houses, shall be three dollars a day each, for actual attend- ance during the session, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled route. The compensation of Of janitors, assistants, etc. Of postmas- the firemen and janitors of the senate and house of repre- sentatives, and their authorized assistants, and keeper of the cloak-room, and of the postmaster of the legislature, shall ter and mes- be three dollars per day, and that of the messenger boys sengers. two dollars per day for the time actually employed in attend- ance during the session, and mileage at the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capitol by the usually traveled route.
How paid.
SEC. 3. Such sums as may be due under the provisions of this act, to the secretary of the senate and the clerk of the house of representatives, shall be certified by the presiding officers of the respective houses, and countersigned by the auditor general; and such sums as may be due the president of the senate and the speaker of the house of representa- tives shall be certified by the secretary or clerk of the re- spective houses, and countersigned by the auditor general; and such sums as may be due to the members and other officers of either house, shall be certified by the secretary or clerk and the presiding officers of the respective houses, and countersigned by the auditor general; and the state treas-
.
87
THE LEGISLATURE.
urer, upon the presentation of any such certificate, counter- signed as provided in this section, is hereby authorized and directed to pay the same.
Compensation .- The president of the senate and speaker of the house have the same compensation as members; and are not by virtue of their offices entitled to any additional per diem or mileage.
People v. Whittemore, 2 Mich. 306.
POWERS, PRIVILEGES, ETC.
(a) [Howell's Annotated Statutes, Chapter 2, of Title 1, p. 100.]
§ 37. SECTION 1. No officer of the senate or house of repre- Officers of, sentatives, while in actual attendance upon the duties of his not liable to office, shall be liable to arrest on civil process. arrest.
See Const. Mich., Art. 4, Sec. 7. As to service upon an officer of process not requiring arrest, see Case v. Rohrbacher, 15 Mich. 537.
§ 38. SEC. 2. Each house may punish as a contempt, and What of- by imprisonment, a breach of its privileges, or the privileges fenses may be punished of its members, but only for one or more of the following as contempt. offenses, to wit:
1. The offense of arresting a member or officer of the house or procuring such member or officer to be arrested, in violation of his privilege from arrest.
2. That of disorderly conduct in the immediate view of the house, and directly intending to interrupt its proceedings.
3. That of refusing to attend or be examined as a witness, either before the house or a committee, or before any per- son authorized by the house, or by a committee, to take testi- mony in legislative proceedings.
4. That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means or device, directly or indirectly to control or influence a member in giving his vote, or to prevent his giving the same; but the term of imprisonment which such house may impose for any
(a) Except as restricted by the constitution of the state and of the United States, the powers of the legislature to enact binding laws seem not to be limited. Scott v. Smart's Ex'rs, 1 Mich 307; Williams v. Mayor, 2 Mich. 560; People v. Gallagher, 4 Mich. 244; Sears v. Cottrell, 5 Mich. 258.
But it cannot delegate the power of enacting general laws by submitting a general act to the determination of the people as to whether it shall become law or not. People v. Collins, 3 Mich. 343; see Shumway v. Bennett, 29 Mich. 451. Nor can it make valid ret- rospectively what it could not originally have authorized. Butler v. Supervisors, 26 Mich. 22 ..
The legislature has such judicial powers only as are incident and essential to the discharge of its legislative functions; as, in deter- mining upon the election and qualification of its members, and in punishing for contempts. In such cases its determinations are con- clusive. F. & F. P. R. Co. v. Woodhull, 25 Mich. 104; People v. Mahaney. 13 Mich. 493. But it cannot exercise any of the judicial powers apportioned to any other department. It cannot dictate to the courts what their judgment shall be, or set them aside when rendered, or give new hearings. Butler v. Supervisors of Saginaw, 26 Mich. 27; Sutherland v. Governor, 29 Mich. 325; Cash's Appeal, 6 Mich. 193.
88
THE LEGISLATURE.
contempt specified in this section shall not extend beyond the same session of the legislature.
In Southworth v. Palmyra & J. R. Co., 2 Mich. 287, the word "house" was construed to mean the members present and doing business; there being a quorum, an action by a majority of those present is action by the "house." As to power and manner of punishing wit- nesses for refusing to appear and testify: Burnham v. Morissey, 14 Grey 226.
Contempt to be a misde- meanor.
§ 39. SEC. 3. Every person who shall be guilty of any contempt specified in the preceding section, shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thou- sand dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court.
By whom oath of members to be adminis- tered.
. § SEC, 4. The oath of office of any member or officer of the senate or house of representatives may be administered by and taken and subscribed before the chancellor (b), any justice of the supreme court, the lieutenant governor, the president pro tempore of the senate, or the speaker of the house of representatives.
Members of committees may admin- ister oaths.
§ 41. SEC. 5. Any senator or representative, while acting as a member of a committee of the legislature, or either branch thereof, shall have authority to administer oaths to such persons as shall be examined before the committee of which he is a member.
MEETING AND ORGANIZATION.
Secretary of state to de- liver list of members to secretary of senate and clerk of house.
§ 42. 1877, p. 53, April 25, August 21, Act 67. SECTION 1. The People of the State of Michigan cnact, That it shall be the duty of the secretary of state, on the day prior to any regular session of the legislature, to deliver to the secretary, or in case of his death or inability, then to the assistant secretary of the preceding senate, also to the clerk, or in case of his death or inability, then to the journal clerk of the next pre- ceding house of representatives, a true and correct list of all the members elect of each house, as transmitted to him by the clerks of the several counties of the state, and in such list shall designate the senators and representatives by their respective districts.
When legis- lature shall convene.
§ 43. SEC. 2. The members elect of the senate and house of representatives shall convene in their respective houses at the state house at Lansing at 12 o'clock noon on the first Wednesday of January next succeeding their election, and proceed to the organization of their respective houses. in accordance with the provisions of this act, and no other business shall be in order until they shall have completed such organization.
(b) The office of chancellor was abolished in 1847.
89
THE LEGISLATURE.
§ 44. SEC. 3. In case the lieutenant governor is absent, or Organiza- unable to perform the duties of his office, it shall be the duty tion of the senate. of the secretary of the preceding senate to call to order and preside over the senate, until the lieutenant governor ap- pears, or a president pro tempore is elected, and such secre- tary shall act as secretary of the senate until his successor is elected, and in calling the roll of the senate before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided for in the pre- ceding section, and he shall not call any other or different names.
§ 45. SEC. 4. It shall be the duty of the clerk of the next Organiza- preceding house of representatives to call to order and pre- side over the house until a speaker, or speaker pro tempore, is elected, and he shall act as clerk of the house until his successor is elected; and in calling the roll of the house be- fore the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided in the first section. of this act, and he shall not call any other or different names.
§ 46. SEC. 5. In case of a vacancy in the office of secre- Who to act tary of the senate, or clerk of the house, or of the absence or inability of either to perform the duties imposed by this cancies. in case of certain va- act, such duties shall devolve upon the assistant secretary of the senate or journal clerk of the house of the next pre- ceding senate or house of representatives.
§ 47. SEC. 6. In case the president of the senate or one of Who may the judges of the supreme court cannot attend to administer administer the oath of office, the officers required by this act to organ- office. oath of ize meetings of the legislature are hereby authorized to administer the oath of office prescribed by the constitution of this state, to the members elect of their respective houses.
ELECTION OF UNITED STATES SENATORS.
[Howell's Annotated Statutes, Chapter 6, of Title 3. p. 112.]
§ 76. 1869, p. 1, Jan. 18, Act 1. SECTION 1. The People of the Time of State of Michigan enact, That the legislature which shall be electing. chosen next preceding the expiration of the time for which any senator was elected to represent this state in congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in place of such senator so going out of office, in the following manner: Each house shall openly, by a viva candidate. voce vote of each member present, name one person for sen- ator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve o'clock. Joint con- meridian, of the day following that on which proceedings are vention.
tion of the house.
Each honse to name a
Entries to be made on journals.
12
90
THE LEGISLATURE.
A majority vote in each house to elect.
Journals to be read. required to take place as aforesaid, the members of the two houses shall convene in joint convention, and the journal of each house shall then be read; and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected a senator to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint convention shall then proceed to choose by a viva voce vote of each mem- ber present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint convention, a majority of all the members elected to both houses being present and voting, shall be declared duly vention may elected; and in case no person shall receive such a majority on the first day, the joint convention shall meet at twelve . o'clock, meridian, of each succeeding day, during the ses- sion of the legislature, and take at least one vote until a senator shall be elected.
When ma- jority of joint con- elect.
Vacancies, how filled.
$ 77. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States, the legislature shall proceed, on the second Tuesday after the commencement and organ- ization of its session, to elect a person to fill such vacancy in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during a session of the legislature, then on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid.
Governor to certify election.
$ 78. Am. 1881, p. 3, Feb. 2, Sept. 10, Act 4. SEC. 3. It shall be the duty of the governor, upon the election of a senator as herein provided, to certify his election to the president of the senate of the United States, which certificate shall be coun- tersigned by the secretary of state, under the seal of the state. He shall also deliver, by mail or otherwise, a like certificate to the person so elected senator.
RULES AND ORDERS
OF THE
SENATE OF THE STATE OF MICHIGAN.
[Adopted by the senate January 4, 1899.]
CONTENTS.
PRESIDENT.
Rule 1. President to take the chair, journal to be corrected and approved.
2. May appoint senator to perform duties of chair.
..
3. May decide questions of order subject to appeal, etc.
..
4. President shall appoint committees, unless otherwise di- rected.
SECRETARY.
Rule 5. To keep journal, have printed and placed on file.
66
6. Assistant secretary and bill clerk, duties of.
7. Duty relative to bills, resolutions, reports of committees, etc.
8. Duty relating to bills ordered to a third reading.
9. Numbering of bills and joint resolutions, etc.
10. To keep record of certain bills and resolutions, make index of, etc.
DUTIES OF MEMBERS.
Rule 11. No member shall absent himself without leave.
12. Members to preserve order while journals, etc., are being read.
13. Members speaking to address the chair.
14. President to decide who is entitled to the floor.
ORDER OF BUSINESS.
Rule 15. Order of business after correction of journal. COMMITTEES.
Rule 16. Standing committees, number of members of, duties of, etc. "
17. Bills appropriating money, to what committee first referred. etc.
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