Michigan legislative manual and official directory for the years 1899-1900, Part 4

Author:
Publication date: 1899
Publisher: Lansing : [Secretary of State]
Number of Pages: 942


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(b) SEC. 4. The legislature shall provide by law for an enu- Enumera- meration of the inhabitants in the year eighteen hundred and tion of in- habitants. fifty-four and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall rearrange the senate districts and apportion anew the representatives among the counties and districts, according to the number of inhabitants, exclus- ive of persons of Indian descent who are not civilized or are Apportion- members of any tribe. Each apportionment and the division ment of into representative districts by any board of supervisors shall remain unaltered until the return of another enumeration.


Attorney General v. Holihan, 29 Mich. 116; People v. Bradley, 36 Mich. 447; Bay County v. Bullock, 51 Mich. 546; Smith v. Saginaw, 81 Mich. 123; Giddings v. Secre- tary of State, 93 Mich. 1.


SEC. 5. Senators and representatives shall be citizens of Members the United States and qualified electors in the respective must be citi- counties and districts which they represent. A removal from Removal va- zens. their respective counties or districts shall be deemed a vaca- cates office. tion of their office.


Royce v. Goodwin, 22 Mich. 496; Auditor General v. Supervisors, 89 Mich. 552.


SEC. 6. No person holding any office under the United Certain States or any county office, except notaries public, officers of officers the militia and officers elected by townships, shall be eligible to or have a seat in either house of the legislature, and all votes given for any such person shall be void.


ineligible.


Att'y Gen'l v. Detroit Common Council, 112 Mich. 149, 151.


SEC. 7. Senators and representatives shall in all cases, ex- Privileges of cept treason, felony, or breach of the peace, be privileged members. from arrest. They shall not be subject to any civil process during the session of the legislature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech in either house.


SEC. 8. A majority of each house shall constitute a quorum Majority to to do business; but a smaller number may adjourn from day constitute to day, and compel the attendance of absent members in such quorum. manner and under such penalties as each house may pre- scribe.


Southworth v. P. & J. R. Co., 2 Mich. 287; Att'y Gen'l v. Detroit Common Council, 112 Mich. 149, 150.


SEC. 9. Each house shall choose its own officers, determine Powers of the rules of its proceedings, and judge of the qualifications, each house. elections and returns of its members, and may, with the con- currence of two-thirds of all the members elected, expel a


(b) As amended by joint resolution No. 42, laws of 1869, vol. 1, p. 425; ratified election of 1870.


4


.


senators and representa- tives.


26


CONSTITUTION OF MICHIGAN.


ART. IV.


Expulsion of member. No member shall be expelled a second time for members. the same cause, nor for any cause known to his constituents antecedent to his election; the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.


People v. Mahaney, 13 Mich. 481; Flint & F. P. R. Co. v. Woodhull, 25 Mich. 99; Auditor General v. Supervisors, 89 Mich. 552.


Each house to keep journal.


Right of


protest.


SEC. 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as may require se- . crecy. The yeas and nays of the members of either house, on any question, shall be entered on the journal at the re- quest of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent en- tered on the journal.


Attorney General v. Burch, 84 Mich. 408; Attorney Gen- eral v. Supervisors, 89 Mich. 552; Common Council v. As- sessors, 91 Mich. 78; McPherson v. Secretary of State, 92 Mich. 377; Barkworth v. Tateum, 95 Mich. 314.


Elections viva voce. Vote on nom- inations.


SEC. 11. In all elections by either house or in joint conven- tion the votes shall be given viva voce. All votes on nomina- tions to the senate shall be taken by yeas and nays, and published with the journal of its proceedings.


Doors to be open-ad- journments.


SEC. 12. The doors of each house shall be open, unless the public welfare requires secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the legislature may then be in session.


Bills.


SEC. 13. Bills may originate in either house of the legisla- ture.


Coffin v. Election Commissioners, 97 Mich. 188.


Bills and SEC. 14. Every bill and concurrent resolution, except of resolutions to be pre- sented to adjournment, passed by the legislature, shall be presented to the governor before it becomes a law. If he approve, he governor. shall sign it; but if not, he shall return it, with his objec- tions, to the house in which it originated, which shall enter Proceedings the objections at large upon their journal, and reconsider it. when gov- ernor disap- proves bill. On such reconsideration if two-thirds of the members elected agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall be reconsidered. If ap- proved by two-thirds of the members elected to that house, How vote determined. it shall become a law. In such case, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on Bill to be- the journals of each house respectively. If any bill be not come law if returned by the governor within ten days, Sundays excepted,


not returned in ten days.


May be signed in five days after ad- journment.


after it has been presented to him, the same shall become a law, in like manner as if he had signed it, unless the legis- lature, by their adjournment, prevent its return, in which case it shall not become a law. The governor may approve, sign and file in the office of the secretary of state, within five days after the adjournment of the legislature, any act passed during the last five days of the session, and the same shall become a law.


27


ART. IV.


CONSTITUTION OF MICHIGAN.


Rhode v. Phelps, 80 Mich. 598; Attorney General v. Burch, 84 Mich. 408; City of Detroit v. Chapin, 108 Mich. 136.


(d) SEC. 15. The compensation of the members of the legis- Compensa- lature shall be three dollars per day for actual attendance and when absent on account of sickness, but the legislature may allow extra compensation to the members from the ter- ritory of the upper peninsula, not exceeding two dollars per peninsula. day during a session. When convened in extra session their compensation shall be three dollars a day for the first twenty days and nothing thereafter; and they shall legislate on no other subjects than those expressly stated in the gov- ernor's proclamation, or submitted to them by special mes- sage. They shall be entitled to ten cents and no more for Mileage. every mile actually traveled, in going to and returning from the place of meeting, on the usually traveled route, and for stationery and newspapers not exceeding five dollars for each Stationery. member during any session. Each member shall be entitled to one copy of the laws, journals and documents of the legis- nals, docu- lature of which he was a member, but shall not receive, at ments. the expense of the state, books, newspapers or other perquis- ites of office not expressly authorized by this constitution.


People v. Whittemore, State Treasurer, 2 Mich. 306.


SEC. 16. The legislature may provide by law for the pay- Postage. ment of postage on all mailable matter received by its mem- bers and officers during the sessions of the legislature, but not on any sent or mailed by them.


SEC. 17. The president of the senate and the speaker of the Compensa- house of representatives shall be entitled to the same per dent and diem compensation and mileage as members of the legisla- speaker. ture, and no more.


People v. Whittemore, State Treasurer, 2 Mich. 306.


SEC. 18. No person elected a member of the legislature shall No member receive any civil appointment within this state, or to the sen- to receive civil ap- ate of the United States, from the governor, the governor and pointment; senate, from the legislature, or any other state authority, dur- or be inter- ing the term for which he is elected. All such appointments and all votes given for any person so elected for any such the state. office or appointment shall be void. No member of the legis- lature shall be interested, directly or indirectly, in any con- tract with the state or any county thereof, authorized by any law passed during the time for which he is elected, nor for one year thereafter.


People v. Hurlbut, 24 Mich. 44; Attorney General v. Lennon, 86 Mich. 468.


SEC. 19. Every bill and joint resolution shall be read three Bills and times in each house before the final passage thereof. No bill joint resolu --


tions to be or joint resolution shall become a law without the concur- read three rence of a majority of all the members elected to each house. times. On the final passage of all bills the vote shall be by ayes and nays and entered on the journal.


Hart v. McElroy, 72 Mich. 453; Toll v. Jerome, 101 Mich. 468; City of Lansing v. Board of State Auditors, 111 Mich. 328.


(d) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.


tion of mem -- bers.


Of members. from upper


When in ex- tra session.


Laws, jour-


tion of presi-


ested in con- tract with


Ayes and nays on finab passage.


28


CONSTITUTION OF MICHIGAN.


ART. IV.


Law to em- brace but one object.


When to take effect.


SEC. 20. No law shall embrace more than one object, which shall be expressed in its title. No public act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, unless the legislature shall otherwise direct, by a two-thirds vote of the members elected to each house.


People v. Collins, 3 Mich. 343; Rice v. Ruddiman, 10 Mich. 125; Carlton v. People, 10 Mich. 250; People v. Ma- haney, 13 Mich. 481; Price v. Hopkins, 13 Mich. 318; Ink- ster v. Carver, 16 Mich. 488; Ryerson v. Utley, 16 Mich. 269; People v. Onondaga, 16 Mich. 254; People v. State In- surance Co., 19 Mich. 398; East Saginaw Mfg. Co. v. East Saginaw, 19 Mich. 295; People v. Denahy, 20 Mich. 349; Harrington v. Wands, 23 Mich. 388; Swartout v. Mich- igan Air Line R. R. Co., 24 Mich. 398; People v. Hurlbut, 24 Mich. 44; Insurance Co. v. Treasurer, 31 Mich. 6; Kurtz v. People, 33 Mich. 282; Auditor General v. Monroe, 36 Mich. 70; People v. Bradley, 36 Mich. 447; Stewart v. Father Matthew Society, 41 Mich. 67; Stewart v. Riop- elle, 48 Mich. 177; Rogers v. Windoes, 48 Mich. 628; An- derson v. Hill, 54 Mich. 485; Attorney General v. Joy, 55 Mich. 94; Mckellar v. Detroit, 57 Mich. 159; Thomas v. Collins, 58 Mich. 64; Bissell v. Wayne Probate Judge, 58 Mich. 237; N. W. Mfg. Co. v. Circuit Judge, 58 Mich. 381; Attorney General v. Weimer, 59 Mich. 580; Callaghan v. Chipman, 59 Mich. 610; People v. Beadle, 60 Mich. 22; At- torney General v. Amos, 60 Mich. 372; People v. Gadway, 61 Mich. 285; Skinner v. Wilhelm, 63 Mich. 568; Detroit v. Wabash, St. L. & Pacific Ry. Co., 63 Mich. 712; Church v. Detroit, 64 Mich. 571; Nester v. Busch, 64 Mich. 657; Wilcox v. Paddock, 65 Mich. 23; Hargrave v. Weber, 66 Mich. 59; Boyce v. Sebring, 66 Mich. 210; Tolford v. Church, 66 Mich. 431; People v. Pond, 67 Mich. 98; People v. Gobles, 67 Mich. 475; People v. Kirsch, 67 Mich. 539; Supervisors of Sanilac County v. Auditor General, 68 Mich. 659: Robinson v. Haug and Miner, 68 Mich. 549; Hall v. Slaybaugh, 69 Mich. 484; Gillett v. Mclaughlin, 69 Mich. 547; Flower v. Whitkovsky, 69 Mich. 371; People v. Phippin, 70 Mich. 6; Ellis v. Hutchinson, 70 Mich. 154; Hartford Insurance Co. v. Commissioner of Insurance, 70 Mich. 485; in re Hauck (local option law), 70 Mich. 396; Attorney General v. Supervisors of Sanilac County (tax- ation of mortgages), 71 Mich. 16; Plummer v. Kennedy, 72 Mich. 301; Hart v. McElroy, 72 Mich. 446; People v. Howard, 73 Mich. 13; Clinton v. Lansing, 73 Mich. 287; Isle Royal, etc., cor. v. Osmun, 76 Mich. 162; Brooks v. Hydorn, 76 Mich. 273; Eaton v. Walker, 76 Mich. 579; People v. Congdon, 77 Mich. 351; Tice v. Bay City, 78 Mich. 209; Jenkins v. Osmun, 79 Mich. 305; Stow v. Grand Rapids, 79 Mich. 595; Auditor General v. Lake George & M. R. R. Co., 82 Mich. 426; Fort St. Union Depot Co. v. Morton, 83 Mich. 265; Auditor General v. Stiles, 83 Mich. 460; Ripley v. Evans (corporation), 87 Mich. 218; People v. Miller, 88 Mich. 385; Hall v. Burlingame, 88 Mich. 438; Davis v. Supervisors, 89 Mich. 295; People v. Slack, 90 Mich. 448; Frary v. Township, 91 Mich. 666; McPherson v. Secretary of State, 92 Mich. 377; Grand Rapids v. Judge, 93 Mich. 469; Van Husan v. Heames, 96 Mich. 504; Bissell v. Heath, 98 Mich. 472; People v. Brooks, 101 Mich. 98; Toll v. Jerome, 101 Mich. 468; Rice v. Hoskins. 105 Mich. 303; Messinger v. Teagan, 106 Mich. 657; Burrows v.


29


CONSTITUTION OF MICHIGAN.


ART. IV.


Delta Transp. Co., 106 Mich. 600; Auditor General v. Bay Co. Supervisors, 106 Mich. 675; People v. Gay, 107 Mich. 422; People v. McGlaughlin, 108 Mich. 516; Soukup v. Van Dyke, 109 Mich. 680; City of Lansing v. State Auditors, 111 Mich. 47, 328; Graham v. Fleming, 74 N. W. R. 729; McMorran v. Great Hive of the Ladies of the Macca- bees, 75 N. W. R. 943; People v. Worden Grocer Co., 77 N. W. R. 315.


SEC. 21. The legislature shall not grant nor authorize extra Extra com- compensation to any public officer, agent or contractor, after pensation the service has been rendered or the contract entered into. forbidden.


SEC. 22. The legislature shall provide by law that the fur- Fuel, sta- nishing of fuel and stationery for the use of the state, the tionery, printing, printing and binding the laws and journals, all blanks, paper etc., to be let and printing for the executive departments and all other by contract. printing ordered by the legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The legis- lature shall prescribe by law the manner in which the state printing shall be executed, and the accounts rendered there- for; and shall prohibit all charges for constructive labor. They shall not rescind nor alter such contract, nor release Of contracts. the person or persons taking the same, or his or their sure- ties, from the performance of any of the conditions of the contract. No member of the legislature nor officer of the state shall be interested directly or indirectly in any such contract.


Ayers v. State Auditors, 42 Mich. 422.


SEC. 23. The legislature shall not authorize, by private or Sale of real special law, the sale or conveyance of any real estate belong- estate, vacat- ing roads, ing to any person; nor vacate nor alter any road laid out by etc. commissioners of highways or any street in any city or vil- lage, or in any recorded town plat.


Joy v. J. & M. P. R. Co., 11 Mich. 155; People v. Super- visors of Ingham, 20 Mich. 95; Davies v. Supervisors, 89 Mich. 295; Street Railway Co. v. City of Detroit, 110 Mich. 389.


SEC. 24. The legislature may authorize the employment of Chaplain for a chaplain for the state prison; but no money shall be appro- state prison.


Religious priated for the payment of any religious services in either services in house of the legislature.


either house.


SEC. 25. No law shall be revised, altered or amended by ref- Altering or erence to its title only; but the act revised and the section or amending sections of the act altered or amended shall be re-enacted and laws. published at length.


People v. Mahaney, 13 Mich. 497; Underwood v. Mc- Duffee, 15 Mich. 361; Jones v. Commissioners, 21 Mich. 236; Harrington v. Wands, 23 Mich. 385; Swartout v. Mich- igan Air Line R. R. Co., 24 Mich. 399; Mok v. Detroit B. & S. Association, 30 Mich. 511; Comstock v. Judge, 39 Mich. 195; Gordon v. People, 44 Mich. 485; Ripley v. Evans (corporation), 87 Mich. 218; Attorney General v. Parsell, 99 Mich. 381; Rice v. Hoskins, 105 Mich. 303.


SEC. 26. Divorces shall not be granted by the legislature.


Divorces. Teft v. Teft, 3 Mich. 67.


:30


CONSTITUTION OF MICHIGAN.


ART. IV.


Lotteries. SEC. 27. The legislature shall not authorize any lottery nor permit the sale of lottery tickets.


People v. Reilly, 50 Mich. 384.


Introduc- (e) SEC. 28. No new bill shall be introduced into either tion of bills. house of the legislature after the first fifty days of a session shall have expired.


Pack v. Barton, 47 Mich. 520; Callaghan v. Chipman, 59 Mich. 613; Attorney General v. Amos, 60 Mich. 373; Hart v. McElroy, 72 Mich. 453; Sackrider v. Supervisors, 79 Mich. 59; Attorney General v. Plank Road Co., 97 Michi. 589; Toll v. Jerome, 101 Mich. 468; Davock et al. v. Moore, . 105 Mich. 120.


·Contested elections.


SEC. 29. In case of a contested election, the person only shall receive from the state per diem compensation and mile- age who is declared to be entitled to a seat by the house in which the contest takes place.


People v. Ochotski, 73 N. W. R. 890.


Ineligibility of certain persons.


SEC. 30. No collector, holder nor disburser of public mon- eys shall have a seat in the legislature, or be eligible to any office of trust or profit under this state, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.


Private claims.


SEC. 31. The legislature shall not audit nor allow any pri- vate claim or account.


People v. Onondaga, 16 Mich. 254; Bristol v. Johnson, 34 Mich. 123.


Hour of ad- journment.


SEC. 32. The legislature, on the day of final adjournment, shall adjourn at twelve o'clock at noon.


Meeting of legislature.


(f) SEC. 33. The legislature shall meet at the seat of gov- ernment on the first Wednesday in January, in the year one thousand eight hundred and sixty-one, and on the first Wednesday of January in every second year thereafter, and at no other place or time unless as provided in the constitu- tion of the state, and shall adjourn without day at such time as the legislature shall fix by concurrent resolution.


Election of senators and repre- sentatives.


SEC. 34. The election of senators and representatives, pur- suant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of November of every second year thereafter.


State paper. Compensa- tion for pub- lishing laws.


SEC. 35. The legislature shall not establish a state paper. Every newspaper in the state which shall publish all the general laws of any session within forty days of their pas- sage shall be entitled to receive a sum not exceeding fifteen dollars therefor.


Publication of statutes ;and decis- vions.


SEC. 36. The legislature shall provide for the speedy pub- lication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.


(e) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.


(f) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.


31


CONSTITUTION OF MICHIGAN


ART. IV.


Ayers v. State Auditors, 42 Mich. 422; Matter of Head Notes, 43 Mich. 643.


SEC. 37. The legislature may declare the cases in which Vacancies. any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that pur- pose in this constitution.


Keeler v. Robertson, 27 Mich. 116; Attorney General v. Burch, 84 Mich. 408; Attorney General v. Trombley, 89 Mich. 50.


SEC. 38. The legislature may confer upon organized town- Local legis- ships, incorporated cities and villages, and upon the board lation. ·of supervisors of the several counties, such powers of a local, legislative and administrative character as they may deem proper.


People v. Collins, 3 Mich. 343; People v. Mahaney, 13 Mich. 481; Detroit v. Blackeby, 21 Mich. 84; People v. Hurlbut, 24 Mich. 84; Attorney General v. Lothrop, 24 Mich. 235; Park Commissioners v. Detroit, 28 Mich. 228; Attorney General v. Detroit, 29 Mich. 108; Shumway v. Bennett, 29 Mich. 451; Torrent v. Common Council Mus- kegon, 47 Mich. 115; Attorney General v. Marr, 55 Mich. 450; Met. Police Board v. Wayne County, 68 Mich. 576; Bolt v. Riordan, 73 Mich. 508; People v. Hanrahan, 75 Mich. 616; Port Huron v. Jenkinson, 77 Mich. 414; Holden v. Board of Supervisors, 77 Mich. 202; Commissioners .v. Common Council of Detroit, 80 Mich. 663; Smith v. Sag- inaw, 81 Mich. 123; Alderton v. Binder, Pistorius v. Stempel, 81 Mich. 133; Feek v. Bloomingdale, 82 Mich. 393; Friesner v. Common Council, 91 Mich. 504; Speed v. Common Council, 97 Mich. 197, 98 Mich. 360; Robinson v. City of Detroit, 107 Mich. 168; Street Railway Co. v. City of Detroit, 110 Mich. 391; Att'y Gen'l v. Detroit Common Council, 112 Mich. 159.


SEC. 39. The legislature shall pass no law to prevent any Religious person from worshiping Almighty God according to the dic- liberty. tates of his own conscience, or to compel any person to at- tend, erect, or support any place or religious worship, or to pay tithes, taxes, or other rates for the support of any min- ister of the gospel or teacher of religion.


Pfeiffer v. Board of Education, 77 N. W. R. 250.


SEC. 40. No money shall be appropriated or drawn from Appropria- the treasury for the benefit of any religious sect or society, tion for re-


ligious theological or religious seminary, nor shall property belong- purposes ing to the state be appropriated for any such purposes. forbidden.


SEC. 41. The legislature shall not diminish or enlarge the Rights of civil or political rights, privileges and capacities of any per- opinion. son on account of his opinion or belief concerning matters of religion.


People v. Hurlbut, 24 Mich. 92; Frazee's case, 63 Mich. 396.


SEC. 42. No law shall ever be passed to restrain or abridge Liberty of the liberty of speech or of the press; but every person may speech and freely speak, write and publish his sentiments on all sub- press. jects, being responsible for the abuse of such right.


Park v. Free Press Co., 72 Mich. 560.


SEC. 43. The legislature shall pass no bill of attainder, ex Attainder, post facto law, or law impairing the obligation of contracts. etc.


32


CONSTITUTION OF MICHIGAN.


ART. IV.


Scott v. Smart's Ex., 1 Mich. 295; Mundy v. Monroe, 1 Mich. 68; Cargill v. Power, 1 Mich. 369; Crane v. Hardy, 1 Mich. 56; People v. Hawley, 3 Mich. 330; People v. Jack- son and M. P. R. Co., 9 Mich. 285; People v. East Sag- inaw Salt Co., 9 Mich. 327; Blackwood v. Van Vleet, 11 Mich. 252; Crippin v. Morrison, 13 Mich. 23; East Saginaw Mfg. Co. v. East Saginaw, 19 Mich. 259; Newton v. Mc- Kay, 30 Mich. 380; Detroit v. D. & H. P. R. Co., 43 Mich. 143; Head Notes, 43 Mich. 644; Guild v. Kidd, 48 Mich. 307; Daniels v. Watertown Tp., 61 Mich. 514; Hall v. Perry, 72 Mich. 205; Bourgette v. Williams, 73 Mich. 211; Mason v. Perkins, 73 Mich. 303; People v. Dane, 81 Mich. 36; Bradley v. Tittabawassee Boom Co., 82 Mich. 9; Common Council v. Assessors, 91 Mich. 78; in re Canfield, 98 Mich. 644; Mich. State Bank v. Hastings, 1 Doug. 225; Willard v. Longstreet, 2 Doug. 172; Joy v. Thompson, 1 Doug. 373; Bronson v. Newberry, 2 Doug. 38; Rockwell v. Hubbell's Ad's, 2 Doug. 197; Turner v. City of Detroit, 104 Mich. 326; Mosher v. Bay Circuit Judge, 108 Mich. 504; in re Miller, 110 Mich. 676; Stevens v. Muskegon, 69 N. W. R. 227; Muirhead v. Sands, 69 N. W. R. 826.


Habeas corpus.


SEC. 44. The privilege of the writ of habeas corpus remains and shall not be suspended by the legislature, except in case of rebellion or invasion the public safety require it.


McBride v. Grand Rapids, 32 Mich. 360.


Bills appro- priating money.


SEC. 45. The assent of two-thirds of the members elected to each house of the legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.


McRae v. Commissioner, 89 Mich. 463; City of Lans- ing v. Board of State Auditors, 111 Mich. 328, 331.


Trial by jury.


SEC. 46. The legislature may authorize a trial by a jury of a less number than twelve men.


McRae v. Railroad Co., 93 Mich. 399.


(g) SEC. 47 .-


Westinghausen v. People, 44 Mich. 265; People v. Wal- ling, 53 Mich. 267.


Style of laws.


SEC. 48. The style of the laws shall be, "The People of the State of Michigan enact."


People v. Dettenthaler, 77 N. W. R. 450.


County and township roads.


(h) SEC. 49. The legislature may provide for the laying out, construction, improvement and maintenance of high- ways, bridges and culverts by counties and townships, and may authorize counties to take charge and control of any highways within their limits for such purposes; and may modify, change or abolish the powers and duties of town- ship commissioners and overseers of highways. But the tax raised in any one year shall not exceed two dollars upon each thousand dollars valuation, according to the as- sessment roll of the county for the preceding year. The legislature may also prescribe the powers and duties of boards of supervisors in relation to highways, bridges and




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