USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 6
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People v. Harding, 53 Mich. 484; Northville v. West- fall, 75 Mich. 603; People v. Parrow, 80 Mich. 567; Peo- ple v. Burwell, 106 Mich. 31; People v. Ochotski, 73 N. W. R. 890.
Treason.
SEC. 30. Treason against the state shall consist only in levying war against or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court.
Conviction of.
Bail, fines and punish- ment.
SEC. 31. Excessive bail shall not be required, excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted, nor shall witnesses be unreasonably detained.
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CONSTITUTION OF MICHIGAN.
ART. VII.
People v. Moore, 62 Mich. 486; Frazee's case, 63 Mich. 396; Robinson v. Haug and Miner, 68 Mich. 549; Leeton v. Circuit Judge, 69 Mich. 610; People v. Morris, 80 Mich. 634; People v. Smith, 94 Mich. 644; People v. Whitney, 105 Mich. 622; People v. Yell, 107 Mich. 229; Dummer v. Nungesser, 107 Mich. 488.
SEC. 32. No person shall be compelled in any criminal Testimony case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.
Hibbard v. People, 4 Mich. 125; Brooks v. McIntyre, 4 Mich. 316; Sears v. Cottrell, 5 Mich. 251; Parsons v. Rus- sell, 11 Mich. 113; Ames v. P. H. L. D. & Co., 11 Mich. 139; Groesbeck v. Seeley, 13 Mich. 329; Lang v. People, 14 Mich. 439; Case v. Dean, 16 Mich. 12; Hart v. Henderson, 17 Mich. 218; People v. Salem, 20 Mich. 452; Trombley v. Humphrey, 23 Mich. 471; People v. Lynch, 29 Mich. 274; Power's appeal, 29 Mich. 510; Weimer v. Bunbury, 30 Mich. 201; Quinn v. Heisel, 40 Mich. 576; Way's case, 41 Mich. 299; Allor v. Wayne County Auditors, 43 Mich. 76; Detroit v. D. & H. P. R. Co., 43 Mich. 143; Frank Can- non's case, 47 Mich. 482; People v. Moore, 62 Mich. 496; Hartford Ins. Co. v. Raymond, 70 Mich. 485; Kuhn v. Common Council, 70 Mich. 534; Whitney v. Township Board, 71 Mich. 234; Spry Lumber Co. v. Trust Co., 77 Mich. 199; People v. Bellet, 99 Mich. 151; Rouse Hazard & Co. v. Circuit Judge, 104 Mich. 234.
SEC. 33. No person shall be imprisoned for debt arising out Imprison- of, or founded on a contract, express or implied, except in ment for debt. cases of fraud or breach of trust, or of moneys collected by public officers, or in any professional employment. No per- Militia fines. son shall be imprisoned for a militia fine in time of peace.
Chappee v. Thomas, 5 Mich. 53; Bromley v. People, 7 Mich. 472; Fuller v. Bowker, 11 Mich. 204; People v. Mc- Allister, 19 Mich. 215; Sheahan's case, 25 Mich. 145; Stel- ler v. Steller, 25 Mich. 159; Stephenson's case, 32 Mich. 60; Tyson's case, 32 Mich. 262; Dummer v. Nungesser, 107 Mich. 486; Muirhead v. Sands, 111 Mich. 491.
SEC. 34. No person shall be rendered incompetent to be a Competency witness on account of his opinions on matters of religious of witnesses. belief.
People v. Jenness, 5 Mich. 305.
SEC. 35. The style of all process shall be, "In the name of Style of the people of the State of Michigan."
process.
Tweed v. Metcalf, 4 Mich. 579; Wisner v. Davenport, 5 Mich. 501; Forbes v. Darling, 94 Mich. 621; Attorney General v. Jochim, 99 Mich. 358; Wolpert v. Newcomb, 106 Mich. 361; Penfold v. Slyfield, 110 Mich. 343.
ARTICLE VII. ELECTIONS.
(0) SECTION 1. In all elections, every male inhabitant of Qualification this state, being a citizen of the United States, every male of electors. inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five, every male inhabitant residing in this state on the first day of January, eighteen
(0) As amended by joint resolution No. 20, public acts 1893; rati- fied November election, 1894.
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of person against himself.
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CONSTITUTION OF MICHIGAN.
ART. VII.
Proviso.
People v. Blodget, 13 Mich. 127; People v. Maynard, 15 Mich. 463; Hedgman v. Board of Registration, 26 Mich. 51; Allor v. Wayne County Auditors, 43 Mich. 102; At- torney General v. Detroit Common Council, 58 Mich. 222; Common Council v. Rush, 82 Mich. 532; Coffin v. Election Commissioners. 97 Mich. 188.
Votes to be 'by ballot.
SEC. 2. All votes shall be given by ballot, except for such township officers as may be authorized by law to be other- wise chosen.
People v. Cicott, 16 Mich. 283; People v. Hurlbut, 24 Mich. 44; Common Council v. Rush, 82 Mich. 532.
tary duty.
Privilege SEC 3. Every elector, in all cases, except treason, felony "from arrest. or breach of the peace, shall be privileged from arrest dur- ing his attendance at election, and in going to and return- ing from the same.
From mili- SEC. 4. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger. or attend court as a suitor or witness.
Residence of electors.
(p) SEC. 5. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the serv- ice of the United States or of this state; nor while engaged in the navigation of the waters of this State or of the United States; or of the high seas: nor while a student of any sem- inary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined. in any public prison, except that honorably discharged soldiers, sailors and marines who have served in the military or naval forces of the United States or of this state, and who reside in soldiers' homes established by this state, may acquire a residence where such home is located.
Warren v. Board of Registration, 72 Mich. 401; Wol- cott v. Holcomb, 97 Mich. 361.
(p) As amended by joint resolution No. 21, public acts 1893; rati- fied November election, 1894.
1
hundred fifty, every male inhabitant of foreign birth who. having resided in this state two years and six months prior to the eighth day of November, eighteen hundred ninety- four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day, and every civilized male inhabitant of In- dian descent, a native of the United States and not a mem- ber of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months, and in the township or ward in which he offers to vote twenty days next preceding such election: Provided, That in time of war, insurrection or rebellion, no qualified elector in the actual military service of the United States, or of this state, or in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward or state in which he resides, and the legislature shall have the power, and shall provide the manner in which, and the time and place at which such absent electors may vote, and for the canvass and return of their votes to the township or ward election district in which they respectively reside or other- wise.
-
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ART. VIII.
CONSTITUTION OF MICHIGAN.
SEC. 6. Laws may be passed to preserve the purity of Purity of elections and guard against abuses of the elective franchise. elections.
People v. Kopplekom, 16 Mich. 342; Attorney General v. Detroit, 78 Mich. 545; Common Council v. Rush, 82 Mich. 532; Attorney General v. May. 99 Mich. 538; Todd v. Election Commissioners, 104 Mich. 477.
SEC. 7. No soldier, seaman or marine, in the army or Soldiers. navy of the United States, shall be deemed a resident of this seamen and state in consequence of being stationed in any military or residents. naval place within the same.
Warren v. Board of Registration, 72 Mich. 401.
SEC. 8. Any inhabitant who may hereafter be engaged in Disqualifi- a duel, either as principal or accessory before the fact, shall C cation for be disqualified from holding anv office under the constitu- dueling. tion and laws of this state, and shall not be permitted to vote at any election.
ARTICLE VIII. STATE OFFICERS.
SECTION 1. There shall be elected at each general biennial Elective election a secretary of state, a superintendent of public in- state officers struction, a state treasurer, a commissioner of the land of- fice, an auditor general, and an attorney general for the term of two years. They shall keep their offices at the seat Where to of government and shall perform such duties as may be keep their prescribed by law. offices.
Ballou v. O'Brien, 20 Mich. 304.
SEC. 2. Their term of office shall commence on the first Term of day of January, one thousand eight hundred and fifty-three, office. and of every second year thereafter.
SEC. 3. Whenever a vacancy shall occur in any of the Vacancy, state offices, the governor shall fill the same by appoint- how filled. ment, by and with the advice and consent of the senate if in session.
SEC. 4. The secretary of state, state treasurer, and com- Board of missioner of the state land office shall constitute a board of state audi- state auditors to examine and adjust all claims against the tors. state, not otherwise provided for by general law. They shall constitute a board of state canvassers, to determine the re- To be state sult of all elections for governor, lieutenant governor and canvassers. state officers, and of such other officers as shall by law be referred to them.
People v. Cicott, 16 Mich. 283; Royce v. Goodwin, 22 Mich. 496; Dewey v. Board of Auditors, 32 Mich. 191; Auditor General v. Pullman P. C. Co., 34 Mich. 59; Am- bler v. Auditor General, 38 Mich. 746; Ayres v. State Auditors, 42 Mich. 422; Locke v. Speed, 62 Mich. 408; Auditor General v. Treasurer, 73 Mich. 31; Smith v. Auditor General, 80 Mich. 205; Auditor General v. Cir- cuit Judge, 101 Mich. 212.
SEC. 5. In case two or more persons have an equal and In case of a the highest number of votes for any office, as canvassed by tie, legisla- the board of state canvassers, the legislature in joint con- choice. vention shall choose one of said persons to fill such office. When the determination of the board of state canvassers is
ture to make
marines not
44
CONSTITUTION OF MICHIGAN.
ART. X.
contested, the legislature in joint convention shall decide which person is elected.
People v. Cicott, 16 Mich. 301.
ARTICLE IX.
SALARIES.
Salaries. (g) SECTION 1. The governor shall receive an annual sal- ary of four thousand dollars; the judges of the circuit court shall each receive an annual salary of two thousand five hundred dollars; the state treasurer shall receive an annual salary of one thousand dollars; the superintendent of public instruction shall receive an annual salary of one thousand dollars; the secretary of state shall receive an annual salary of eight hundred dollars; the commissioner of the land of- fice shall receive an annual salary of eight hundred dollars; the attorney general shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever for the performance of any duties connected with their offices. It shall not be competent for the legislature to increase the salaries herein provided.
Wyandotte v. Drennan, 46 Mich. 480.
ARTICLE X.
COUNTIES.
be bodies corporate.
Counties to SECTION. 1. Each organized county shall be a body cor- porate, with such powers and immunities as shall be estab- lished by law. All suits and proceedings by or against a county shall be in the name thereof.
People v. Collins, 3 Mich. 415; People v. Carleton, 10 Mich. 250; Attorney General v. Supervisors, 11 Mich. 63; People v. Maynard, 15 Mich. 463; Johr v. Supervisors, 38 Mich. 532; Attorney General v. Marr, 55 Mich. 446; Ster- ling v. Regents of University, 110 Mich. 383.
Number of SEC. 2: No organized county shall ever be reduced by the townships in county. organization of new counties to less than sixteen townships as surveyed by the United States, unless in pursuance of law a majority of electors residing in each county to be affected thereby shall so decide. The legislature may organize any city into a separate county, when it has attained a popula- tion of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization.
When city may be made a county.
Rice v. Ruddiman, 10 Mich. 125; Carlton v. People, 10 Mich. 250; Bay County v. Bullock, 51 Mich. 545.
County officers.
SEC. 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, chosen by the electors thereof, once in two years, and 'as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county
(q) As amended by joint resolution No. 2, public acts 1889; rati- fled April election. 1889.
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CONSTITUTION OF MICHIGAN.
ART. X.
clerk and register of deeds in one office, or disconnect the same.
People v. May, 3 Mich. 598; People v. Maynard, 15 Mich. 463; Keeler v. Robertson, 27 Mich. 116; Sterling v. Regents of University, 110 Mich. 383.
SEC. 4. The sheriff, county clerk, county treasurer, judge What offices of probate and register of deeds shall hold their offices at at county the county seat. seat.
Rice v. Shay, 43 Mich. 380.
SEC. 5. The sheriff shall hold no other office, and shall be Sheriff to incapable of holding the office of sheriff longer than four in other office.
hold 110 any period of six years. He may be required by law to re- To give new his security from time to time, and in default of giving security. such security, his office shall be deemed vacant. The county County not shall never be responsible for his acts.
responsible.
Denphy v. People, 25 Mich. 10; People v. Gosch, 82 Mich. 22.
SEC. 6. A board of supervisors, consisting of one from each Board of organized township, shall be established in each county, with supervisors. such powers as shall be prescribed by law.
Attorney General v. Preston, 56 Mich. 180; Bolt v. Riordan, 73 Mich. 508; Sterling v. Regents of University,
110 Mich. 383; Wayne County Supervisors v. Circuit Judge, 111 Mich. 35.
SEC. 7. Cities shall have such representation in the board Cities to be of supervisors of the counties in which they are situated as the legislature may direct.
Attorney General v. Preston, 56 Mich. 181; Bolt v. Riordan, 73 Mich. 508; Attorney General v. Cogshall, 107 Mich. 188.
SEC. 8. No county seat once established shall be removed County until the place to which it is proposed to be removed shall be designated by two-thirds of the board of supervisors of the county, and a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be subscribed by law.
Attorney General v. Supervisors, 11 Mich. 63; People v. County Officers, 15 Mich. 85; Attorney General v. Super- visors, 33 Mich. 289; Pack v. Presque Isle, 36 Mich. 377; Rice v. Shay, 43 Mich. 380; Bagot v. Antrim Supervisors, 43 Mich. 577; Attorney General v. County Canvassers Iron County, 64 Mich. 607.
SEC. 9. The board of supervisors of any county may bor- Money for row or raise by tax one thousand dollars for constructing public
highways, or repairing public buildings, highways or bridges; but no buildings greater sum shall be borrowed or raised by tax for such or bridges. purpose in any one year, unless authorized by a majority of the electors of such county voting thereon.
Attorney General v. Supervisors of Bay, 34 Mich. 46; Callam v. Saginaw, 50 Mich. 12; Fulton Iron Works v. Kimbal, 52 Mich. 150; Attorney General v. Board of Auditors, 73 Mich. 53; Davies v. Supervisors, 89 Mich. 295; Boyce v. Auditor General, 90 Mich. 317; Wayne Coun- ty Supervisors v. Circuit Judge, 111 Mich. 35; Board of Auditors of Wayne Co. v. Carpenter, 72 N. W. R. 19; Township of Ada et al. v. Grove, 72 N. W. R. 35; Penin- sular Sav. Bank v. Ward et al., 76 N. W. R. 161.
represented on board.
seats; how removed.
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CONSTITUTION OF MICHIGAN.
ART. XII. .
Claims against counties.
SEC. 10. The board of supervisors, or, in the county of Wayne, the board of county auditors, shall have the exclus- ive power to prescribe and fix the compensation for all serv- ices rendered for, and to adjust all claims against, their re- spective counties, and the sum so fixed or defined shall be subject to no appeal.
People v. Sup. Macomb, 3 Mich. 475; People v. Auditors of Wayne County, 10 Mich. 307; People v. Wright, 18 Mich. 351; Kennedy v. Gies, 25 Mich. 83; Mixer v. Sup. Manistee, 26 Mich. 422; Videto v. Sup. Jackson County, 31 Mich. 116; Barry Co. v. Manistee Co., 33 Mich. 497; Clark v. Sup. Ingham, 38 Mich. 658; McMahon v. Aud. Wayne Co., 41 Mich. 223; Endriss v. County of Chippe- wa, 43 Mich. 317; Whallon v. Ingham Circuit Judge, 51 Mich. 508; Cicott v. County of Wayne, 59 Mich. 509; At- torney General v. Board of Auditors, 73 Mich. 53; Pcople v. Hanifan, 99 Mich. 516; Auditor General v. Board of Supervisors Bay County, 106 Mich. 679.
Laying out highways.
SEC. 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organizing townships, under such restrictions and lim- itations as may be prescribed by law.
People v. Kimball, 4 Mich. 95; People v. Highway Commissioners of Nankin, 15 Mich. 347; Attorney Gen- eral v. Bay Co., 34 Mich. 46; Pearsall v. Supervisors, 71 Mich. 444; Davies v. Supervisors, 89 Mich. 295; Township of Ada et al. v. Grove, 72 N. W. R. 35; Peninsular Sav. Bank v. Ward et al., 76 N. W. R. 161.
ARTICLE XI. TOWNSHIPS.
Township officers.
SECTION 1. There shall be elected annually, on the first . Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex officio school inspector, one commissioner of highways, one township treasurer, one school inspector, not exceeding four constables, and one overseer of highways for each highway district, whose pow- ers and duties shall be prescribed by law.
People v. Maynard, 15 Mich. 463; People v. Ryan, 19 Mich. 203; Hubbard v. Springwells, 25 Mich. 156; Allor v. Wayne Co. Auditors, 43 Mich. 102; Attorney General v. Preston, 56 Mich. 178; Donough v. Dewey, 82 Mich. 309; Davies v. Supervisors, 89 Mich. 295; Pingree v. Board of Education, 99 Mich. 404; White v. Board of Supervisors. 105 Mich. 608; Sterling v. Regents of University, 110 . Mich. 383, 389.
Townships to be bodies corporate.
SEC. 2. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township shall be in the name thereof.
People v. Collins, 3 Mich. 415; People v. Maynard, 15 Mich. 463; People v. Ryan, 19 Mich. 203; Scrafford v. Sup. Gladwin, 41 Mich. 647.
ARTICLE XII. IMPEACHMENTS AND REMOVALS FROM OFFICE.
Impeach- ments.
SECTION 1. The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or misdemeanors; but a majority of
47
CONSTITUTION OF MICHIGAN.
ART. XII.
the members elected shall be necessary to direct an im- peachment.
Attorney General v. Jochim, 99 Mich. 358.
SEC. 2. Every impeachment shall be tried by the senate. How tried. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. When an im- peachment is directed, the senate shall take an oath or af- firmation truly and impartially to try and determine the same according to the evidence. No person shall be con- Conviction victed without the concurrence of two-thirds of the members and judg- elected. Judgment in case of impeachment shall not ex- ment. tend further than removal from office, but the party con- victed shall be liable to punishment according to law.
SEC. 3. When an impeachment is directed, the house of Who to representatives shall elect from their own body three mem- prosecute. bers, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of When to be the legislature, when the senate shall proceed to try the tried. same.
SEC. 4. No judicial officer shall exercise his office after an In case of impeachment is directed until he is acquitted. judicial officer.
Pingree v. Board of Education, 99 Mich. 404.
SEC. 5. The governor may make a provisional appointment Vacancy by to fill a vacancy occasioned by the suspension of an officer, suspension, until he shall be acquitted or until after the election and how filled. qualification of a successor.
Pingree v. Board of Education, 99 Mich. 404.
SEC. 6. For reasonable cause, which shall not be sufficient Removal of ground for the impeachment of a judge, the governor shall judge. remove him on a concurrent resolution of two-thirds of the members elected to each house of the legislature; but the cause for which such removal is required shall be stated at length in such resolution.
SEC. 7. The legislature shall provide by law for the re- Removal of moval of any officer elected by a county, township or school certain offi- district, in such manner and for such cause as to them shall cers.
seem just and proper.
People v. Lord, 9 Mich. 227; Clay v. Stuart, 74 Mich. 411: Attorney General ex rel. Mooreland v. Common Council of City of Detroit, 112 Mich. 170; Brandan v. Maybury, 74 N. W. R. 210.
(r) SEC. 8. The governor shall have power and it shall be Removal of . his duty, except at such time as the legislature may be in state offi- any public office and the acts of any public officer, elective cers. session, to examine into the condition and administration of or appointed, to remove from office for gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein, either of the following state officers, to wit: The attorney general, state treasurer, commissioner of the land office, secretary of state, auditor general, superin- tendent of public instruction or members of the state board of education, or any other officer of the state except legisla- tive and judicial, elective or appointed, and to appoint a suc- cessor for the remainder of their respective unexpired term
(r) As amended by joint resolution No. 15, laws of 1861, p. 588; rati --- fied election of 1862.
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CONSTITUTION OF MICHIGAN.
ART. XIII.
of office, and report the causes of such removal to the legis- lature at its next session.
Dullam v. Wilson, 53 Mich. 393; Fuller v. Attorney General, 98 Mich. 96; Attorney General v. Jochim, 99 Mich. 358.
ARTICLE XIII.
EDUCATION.
School fund.
Education. SECTION 1. The superintendent of public instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law. . SEC. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the state for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be in- violably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.
People v. Auditor General, 12 Mich. 171; Jones v. Com- missioner, 21 Mich. 236; Crane v. Reeder, 22 Mich. 322; Sterling v. Regents of University, 110 Mich. 378.
Escheats.
SEC. 3. All lands, the titles to which shall fail from a de- fect of heirs, shall escheat to the state, and the interest on the clear proceeds from the sales thereof shall be appropri- ated exclusively to the support of primary schools.
Crane v. Reeder, 22 Mich. 322.
Free. schools.
SEC. 4. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition at least three months in each year in every school district in the state, and all instruction in said school shall be conducted in the English language.
Instruction to be in English language.
Perrizo v. Kesler, 93 Mich. 280; Keweenaw Association v. School District, 98 Mich. 437.
Time school must be maintained.
SEC. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived, for the ensuing year, of its proportion of the income of the primary school fund and of all funds arising from taxes for the support of schools.
Election of regents of university.
(s) SEC. 6. There shall be elected in the year eighteen hun- dred and sixty-three, at the time of the election of a justice of the supreme court, eight regents of the university, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a justice of the supreme court thereafter there shall be elected two regents whose term of office shall be eight years. When a vacany shall occur in the office of regent, it shall be filled by appointment of the governor. The regents thus elected
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