USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 65
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He may issue writs of election in case of vacancy in the state representa- tion in the lower house of congress, and in case of a vacancy in the office of United States senator he may appoint some person to hold the office until the legislature chooses a successor.
The governor is ex officio a member of the board of corrections and chari- ties, state board of agriculture, board of control of railroads, board of con- trol of St. Mary's Falls ship canal, (a) board of fund commissioners, board of geological survey, board of control of state swamp lands, board of managers soldiers' home, and board of commissioners upper peninsula state prison.
THE LIEUTENANT GOVERNOR.
In case of impeachment, removal from office, death, inability, resignation or absence from the state of the governor, his powers and duties devolve on the lieutenant governor. He is ex officio president of the senate. In commit- tee of the whole he may debate all questions; and when there is an equal division he shall give the casting vote. He is a member of the state board of equalization.
(a) See note, p 188, C. L. 1897.
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766
DEPARTMENT DUTIES
THE EXECUTIVE OFFICE.
The private secretary to the governor is charged, under the direction of the governor, with the duties appertaining to official correspondence, receiv- ing and recording all applications for commissions, pardons, requisitions, etc .; those granted, appointments made, and general clerical work of the office. His duty is to remain at the seat of government in charge of the executive office for the transaction of such business as may not require the personal attention of the governor, and to notify him of such as may need his immediate attention.
REQUIREMENTS AS TO REQUISITIONS AND WARRANTS OF ARRESTS.
Applications for requisitions upon the executive authority of another state for the delivery of, and return of, any offender who has fled from justice in this state, must be in writing, addressed to the governor, and must come from the prosecuting attorney of the county, and must be accompanied by the following documents and proofs :
1. Two duly attested copies of the indictment found against the offender ; or if no indictment has been found, two duly attested copies of the com- plaint and warrant, together with affidavits to the facts constituting the offense charged .- [In case the requisition is upon the executive of Ohio, three copies.]
2. There must be in every case sworn evidence that the person charged is a fugitive from justice; that is that he has fled from the state to avoid arrest. If there has been any former requisition for the same person, grow- ing out of the same transaction, it must be so stated, with an explanation of the reasons for asking a requisition; and if the criminal is known to be under arrest for any other offense, this fact must appear. If the offense was not of recent occurrence, sufficient reasons must be given why the application has been delayed. No application will be granted unless the county prose- cuting attorney shall state in writing that he believes there is sufficient evidence to convict the offender of the crime charged; and that the requi- sition is not asked to aid in collecting a debt or enforcing civil remedy against a person who has left the state, but solely to aid in the administra- tion of the criminal law.
Requisitions will be delivered to the duly authorized agent of this state, by the secretary of state, upon the proper order from the governor.
The prosecuting attorney should designate the name of the person he desires appointed as agent to receive the criminal.
Warrants upon requisitions from other states will not be issued unless they are accompanied with documents, affidavits and statements conforming sub- stantially to the foregoing regulations, and when issued will be mailed to the sheriff of the county where the fugitive is supposed to be, who will make prompt return of the warrant to the department of state.
The state will not be liable for expenses incurred in the pursuit and arrest of fugitives.
The expenses incurred in this state for the return to other states of fugi- tives from justice must be paid by the agents of such states.
677
DEPARTMENT DUTIES.
DEPARTMENT OF STATE.
THE SECRETARY OF STATE.
The secretary of state is the custodian of the great seal of the state, and affixes such seal to all executive proclamations, to various commissions, to- warrants, to pardons, the requisitions for or extradition of fugitives from. justice and countersigns the same. He is also the custodian of the laws and records of the state. He publishes the laws and resolutions of the legisla- ture, and amendments to the constitution.
He is also charged with certain annual reports relating to agriculture, vital and other statistics; the supervision of the printing of the reports of various state officers and boards; the preparation and publication of the legislative manual, and the compilation of various laws.
He supervises the taking of the census of the state every tenth year, and the subsequent arrangement, compilation. and publication of the statistics. collected.
He issues patents for state lands upon the certificates of the land commis- sioner, and in this connection decides whether the holders of such certifi- cates are legally entitled to patents thereon, subject to appeal to the governor. He approves and files the bonds of certain officers; also articles of association or incorporation, and the reports authorized or required by the laws of the state; examines building and loan associations.
He is required to give due notice to sheriffs of state officers to be elected at the regular or special elections; also of the submission of amendments to the constitution, and to furnish proper blanks for the returns.
He is a member of the board of state auditors, the board of state can- vassers, board on the consolidation and crossings of railroads, board of con- trol of state swamp lands, board of trustees to take charge of escheated property and other state assets, board of internal improvement, state board of equalization, and the bureau of labor and industrial statistics.
THE DEPUTY SECRETARY OF STATE.
The deputy secretary of state performs such duties as are prescribed by the secretary or required by law, aiding in the general administration and having immediate charge of the affairs of the department. In the absence. of the secretary he is acting head of the department.
THE CHIEF CLERK.
The chief clerk's duties are such as may be prescribed from time to time by the secretary and deputy secretary of state.
THE ROUTINE BUSINESS OF THE DEPARTMENT IS AS FOLLOWS:
The custody and preservation of the laws, election returns, findings of the board of state canvassers, records and archives. The publication and distri- bution of the laws and public documents, of the Legislative Manual, of compilations of the highway, drain, game, election, and various other laws. The notification of sheriffs of all special and general elections, preparatlon and distribution of instructions, and the proper blanks for the return of votes cast thereat. The preparation and compilation of the election returns
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678
DEPARTMENT DUTIES.
for the board of state canvassers. The charge of and certification of accounts with the contractors for departmental printing, paper, stationery, and other supplies. The examination and filing of official bonds and oaths of office of all persons from whom required. The examination of and decis- ions as to land certificates, and the recording and issuance of patents for state land. The examination, filing and recording of articles of association or incorporation or reports therefrom authorized or required by the laws of the state. The making of certified copies of laws, patents, articles of association or incorporation or other records. And the filing and copying of all papers relative to building and loan associations. The making out, recording, and delivery of all commissions, pardons, warrants of arrest, and requisitions for fugitives from justice upon the proper order from the gov- ernor; the examination, filing and recording of returns from county clerks, of justices of the peace in the several townships of the state; their names, the time of the election of such justices, their terms of office and notices of vacancies in said office; also the recording of the names, addresses, and term of office of all duly qualified notaries public or other appointed officers, and miscellaneous business connected with the office of the governor. The collection of reliable information as to the condition, prospects, and results of the cereal and other crops, by the means of reports from correspondents in the townships of the state. This information is gathered at stated periods of each month, carefully studied, tabulated and published monthly, in accordance with the provisions of act No. 33, laws of 1881. The annual returns of the farm statistics, gathered in compliance with act No. 24, laws of 1879, by the supervisors, are arranged, compiled and published annually under the title of "Farm Statistics." The farm statistics furnish the basis for the more important of the estimates in the monthly crop reports. The compilation of the abstracts of the annual reports of the superintendents of the poor, (see act No. 154, laws of 1887); of the annual reports of the sheriffs, (see act No. 167, laws of 1875). The compilation of the statistics relative to the insane, deaf, dumb, blind, epileptic, and idiotic, as required by the pro- visions of act No. 81, laws of 1881.
The preservation, indexing, compilation and publication of data derived from returns of births, deaths, marriages and divorces, collected under the provisions of act No. 194, laws of Michigan, 1867, as amended by act No. 125, laws of Michigan, 1869, and further amended, for marriages, by public act No. 128, of 1887, as amended by public act No. 256 of 1889 and public act No. 243 of 1895; public act No. 9 of 1897 (divorces); public act No. 180 of 1897 (marriages in special cases by probate judges), and public act No. 217 of 1897 (immediate registration of deaths). Under the provisions of the latter act, in addition to the "Annual Registration Report," a monthly bulletin showing the distribution of mortality, the prevalence of dangerous communi- cable diseases, etc., is required to be published. The distribution of blank forms to county clerks, supervisors, township, village and city clerks and city health officers, for the registration and return of vital statistics, inciud- ing marriage licenses and certificates of death and burial permits.
679
DEPARTMENT DUTIES.
TREASURY DEPARTMENT.
THE STATE TREASURER.
He is the receiving officer and custodian of the state funds, state taxes collected by the county treasurers, specific taxes upon railroad, insurance, telegraph, telephone, express and other companies; and proceeds of sales of state lands are payable to him.
Payments from the treasury, except in pursuance of appropriations made by law, are prohibited by the constitution.
He is required, before entering upon the duties of his office, to give a bond to the people of the state in the sum of one hundred and fifty thousand dol- lars, with three or more sureties, to be approved by the auditor general and attorney general. 1
He is authorized, at his discretion, after receiving from banks security approved by the state treasurer, auditor general and secretary of state, to deposit in such banks the surplus funds in the treasury at such rate of inter- est as he may deem best for the state. All items of interest so received belong and are paid over to the state.
He is the state sealer of weights and measures.
He is authorized and required to issue licenses to express companies.
He is required to make an annual report to the governor, with a summary of the receipts and payments of the treasury during the preceding year.
He is, by article 8, section 4 of the constitution, a member of the board of state auditors and board of state canvassers, and by law a member of the board of fund commissioners, of equalization, of escheats, of control of state swamp lands, of St. Mary's Falls ship canal (a), of claims growing out of sales of public lands, and of review of assessment of telegraph and telephone companies.
THE DEPUTY STATE TREASURER.
The deputy state treasurer has immediate charge and personal supervision of the routine work and employés of the department, and, in the absence of the treasurer, is empowered by law to transact all duties appertaining to that office. He is required to give a bond to the treasurer for a faithful performance of the duties of his office.
AUDITOR GENERAL'S DEPARTMENT.
THE AUDITOR GENERAL.
He states accounts and examines and liquidates claims against the state in certain cases, drawing warrants on the state treasurer therefor; examines, adjusts and settles claims in favor of the state; examines state treasurer's accounts monthly, and countersigns receipts of state treasurer; keeps a reg- ister of the number and amount of state bonds, and the rate of interest thereon, and where payable, and files all canceled bonds in his office; audits and files accounts of state institutions; receives and files bonds of registers in chancery, plats of towns, cities and villages, reports of telegraph and
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(a) See note, p. 188, C. L. 1897.
680
DEPARTMENT DUTIES.
mining companies; approves bonds of county treasurers, the commissioner of insurance, and medical superintendents of the asylums for the insane : pre- pares and furnishes blanks for the use of state institutions, county treasurers and others; makes annual report to the governor; is a member of the state board of equalization, the board of fund commissioners, the board of review for the assessment and taxation of telegraph and telephone lines, the board of escheats, and the board of control of state swamp lands, board of con- trol of St. Mary's Falls ship canal. board of internal improvement, board of control of Portage Lake and Lake Superior ship canal. (a) Is also a mem- ber of the board of state canvassers in case of failure of a quorum.
He estimates and charges specific taxes on corporations, and issues war- rants for collection thereof if not paid.
He apportions state taxes and transmits apportionments to clerks of boards of supervisors ; prepares and files petitions in chancery for the sale of lands delinquent for taxes; prepares lists of such lands, and designates papers to publish the same; receives returns of sales, and executes deeds to purchasers; renders statements of accounts between the state and each county ; and draws warrants in favor of county treasurers for amounts due their counties. He reports monthly to the county treasurers all payments, redemptions, purchases of state bids and state tax lands made in the audi- tor general's office during the preceding month. Receives statements from the commissioner of the state land office of taxes collected on part-paid ands, and causes the tax laws to be published.
DEPUTY AUDITOR GENERAL
Has the general supervision of the clerks and employés, and of the business of the department, and in the absence of the auditor general is empowered by law to perform the duties of the office.
STATE LAND DEPARTMENT.
THE COMMISSIONER OF THE STATE LAND OFFICE.
He has the general charge and management of all the lands belonging to the state, or in which the state has any interest, or which are held by the state in trust for any purpose; tbe selling, leasing, and general disposition of all the lands of the state; the custody of the original field notes and plats of surveys of the state. He receives the principal and interest on all lands sold by the state, and collects delinquent taxes on part-paid lands. On his cer- tificate lands sold by the state are patented by the governor. He has the general charge of prosecuting trespasses on state lands and the appointment of trespass agents. He issues licenses to homestead settlers and takes steps to restore to market forfeited homesteads. He has the custody of all books and papers relating to public lands, and keeps the records of sale and dis- position of all public lands ; sends lists of lands sold to county treasurers for the purpose of assessment for taxation. He is a member of the board of state auditors, state board of equalization, board of state canvassers, board of control for reclamation of swamp lands, and board of review for the
(a) See note, p. 188, C. L. 1897.
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681
DEPARTMENT DUTIES.
assessment of telegraph and telephone lines. He verifies and approves all claims for bounty, and appoints weighmen and inspectors under provisions of the act to encourage the manufacture of beet sugar in the state. Act No. 227, public acts of 1899, makes the commissioner a member of the forestry commission.
DEPUTY COMMISSIONER OF LAND OFFICE
Has immediate and personal charge and supervision of the routine work of the department, and in the absence of the commissioner performs the duties of that office.
ATTORNEY GENERAL'S DEPARTMENT.
THE ATTORNEY GENERAL.
He is required to prosecute and defend all actions in the supreme court in which the state shall be interested, and when requested by the governor, or any state officer, or the legislature, he is required to appear for the people in any court or tribunal in any matter, civil or criminal, in which the state or any department of the government may be interested. He is required to give opinions on questions submitted to him by the legislature, the governor, or any state officer. He is bound to consult with and advise prosecuting attorneys when requested in all matters pertaining to the duties of their offices. The attorney general is called upon to give opinions to the many state boards, prison inspectors, and public institutions of all kinds, and is a member or advisory member of the following boards, viz .: Board of equali- zation, board of control of swamp lands, board on the consolidation and crossings of railroads, and the insurance policy commission. He may proceed in equity to restrain the misuse or abuse of corporate powers, and has con- trol of quo warranto proceedings on the part of the people.
DEPUTY ATTORNEY GENERAL
Is, in the absence or inability of the attorney general, empowered by law to perform the duties of the office.
DEPARTMENT OF PUBLIC INSTRUCTION.
THE SUPERINTENDENT OF PUBLIC INSTRUCTION.
He has general supervision of the public schools and of state educational institutions ; collects and tabulates the school statistics of the state; apportions the primary school interest fund to the counties, gives information to school officers upon construction of school law; prepares and furnishes blanks for use of school officers, organizes and visits teachers' institutes, and appoints instructors for them; receives reports from superintendents of schools, and from all state and chartered educational institutions; makes annual reports to the governor; visits all state educational institutions, and meets with the governing boards of such at least once in each year; delivers lectures on educational subjects; appoints visitors to the state university and all char- tered educational institutions; is a member and secretary of the state board of education, and is also a member of the state board of geological survey.
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682
DEPARTMENT DUTIES.
DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION
Is empowered by law to act in the absence of the superintendent or in case of a vacancy in the office.
INSURANCE DEPARTMENT.
THE COMMISSIONER OF INSURANCE
Is required to perform the duties in regard to insurance companies and the formation thereof, which, previous to 1871, were conferred by law upon the secretary of state. These duties involve examinations to ascertain, on the formation of a new company, if all the requirements of the act under which it seeks to become a corporation have been complied with, and it is his duty to make frequent examinations into their condition, and in case of an insol- vent concern to apply to the proper court for the appointment of a receiver, and the winding up of its affairs.
Insurance companies of other states and countries, desiring to do business in this state, must first file in the commissioner's office due proof of corpor- ate existence, and in the form prescribed under the law of 1873, appoint an attorney, resident in the state, to receive service of process, and also stipu- late for the sufficiency of the service of process, if made on the commis- sioner or his deputy, and then make the showing of such financial condition as the law of this state requires. Companies of this and other states and coun- tries doing business here are required to make annual statements preliminary to the renewal of the yearly license, and from the statements so made are compiled the tables and made up the abstracts which compose the chief part of the annual reports issued by the commissioner. The powers which a state must necessarily exercise in the case of corporations coming from without the state to do an insurance business within it are entrusted to the commissioner, who may demand information, access to books, and the correction of papers, and may deny a renewal of, or revoke a certificate of authority, subject, however, to a review of his action by the supreme court in case it shall be arbitrary or unauthorized by law.
Co-operative societies of this state were first required to report to the commissioner in the year 1883, and to obtain a license, which the officer has the power to revoke whenever he finds an association insolvent or fraudu- lently conducting its business. He has similar duties in regard to such societies from other states, which can, however, only be licensed upon making a showing, to the satisfaction of the commissioner, of their ability to pay their certificates to the full limit named therein.
Fraternal beneficiary associations under act No. 119, laws of 1893, are required to report their business to this department, and to obtain a license to transact business in this state, which may be revoked for cause at any time.
The commissioner may employ a deputy and a chief clerk to discharge such duties as he may assign, and such other additional or extra clerks as in his discretion the work of the office may require, whose compensation shall not exceed one thousand dollars per annum. It is the business of this office to make valuations yearly of the policies of life insurance companies, and to investigate and prosecute offenders who act within the state for outside corporations not duly admitted and authorized to do business here.
683
DEPARTMENT DUTIES.
RAILROAD DEPARTMENT.
THE COMMISSIONER OF RAILROADS.
The commissioner of railroads is appointed under the provisions of act No. 79, session laws of 1873. He holds the office for the term of two years, upon appointment of the governor by and with the advice and consent of the senate, and until his successor is appointed and qualified.
It is the duty of the commissioner of railroads generally to examine into the condition and management of the business of the railroads in the state, so far as the same affects or relates to the interests of the public, and to ascertain whether such railroad companies and their officers and employés comply with the laws of the state in force concerning them.
It is also his duty to require annual reports from all railroad companies doing business in the state on the first day of April of each year, showing their condition and traffic operations for the year ending on the 31st day of December preceding; at least once each year to visit every county in the state having a railroad station within its limits, and to inspect and examine the tracks, bridges, buildings, and other structures, so as to know that they are in safe and effective condition, and managed in accordance with the police regulations of the state; to order safety gates or flagmen at highway and street crossings; to prescribe a uniform code of signals at all crossings and junctions of railroads within the state; to inspect and determine upon the sufficiency of all fences, and to prescribe the manner of constructing the same; to require and receive reports of all accidents resulting in a loss of life or otherwise, and to investigate the causes of the same; to direct the erection of safety guards at overhead obstructions; to provide a uniform system of accounts for all railroad corporations of the state; to regulate the speed of trains upon defective tracks, and to stop them entirely if in his judgment the public safety requires. To direct prosecutions for infrac- tions of the railroad laws; to compute and report to the auditor general, on or before the fifteenth of May of each year, the taxes due and payable from each railroad company, and from all palace car companies, fast freight lines, etc., doing business in the state, upon their gross receipts for the preceding year; to make an annual report to the governor, on or before the first day of January of each year, of his doings for the preceding year, or for the time intervening since his last report, containing such facts, statements and explanations as will disclose the actual workings of the system of railroad . transportation of freight and passengers, and its bearing upon the business prosperity, personal convenience and safety of the people of the state, with such suggestions in relation thereto as to him may seem appropriate.
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