USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 8
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Drake v. Kinsell, 38 Mich. 232; Dei v. Habel, 41 Mich. 88; Showers v. Robinson, 43 Mich. 502.
Idem.
SEC. 4. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profit thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in . her own right.
Estates of females.
Dei v. Habel, 41 Mich. 88.
SEC. 5. The real and personal estate of every female, ac- quired before marriage, and all property to which she may afterwards become entitled, by gift, grant, inheritance or de- vise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband, and may be devised or be- queathed by her as if she were unmarried.
Brown v. Fifield, 4 Mich. 322: Fisher v. Provin, 25 Mich. 347; Ransom v. Ransom, 30 Mich. 328.
57
CONSTITUTION OF MICHIGAN.
ART. XVIII.
ARTICLE XVII.
MILITIA.
(a) SECTION 1. The militia shall be composed of all able- Militia, of bodied male citizens, between the ages of eighteen and forty- whom com. five years, except such as are exempted by the laws of the posed. United States or of this state; but all such citizens, of any religious denomination whatever, who, from scruples of con- science, may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.
SEC. 2. The legislature shall provide by law for organizing, Organiza- equipping and disciplining the militia, in such manner as tion. they shall deem expedient, not incompatible with the laws of the United States.
McRae v. Railroad Co., 93 Mich. 399.
SEC. 3. Officers of the militia shall be elected or appointed Officers, and be commissioned in such a manner as may be provided election of. by law.
ARTICLE XVIII. MISCELLANEOUS PROVISIONS.
SECTION 1. Members of the legislature, and all officers, ex- Oath of ecutive and judicial, except such officers as may by law be office. exempted, shall, before they enter on the duties of their re- spective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States and the consti- tution of this state, and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test shall be re- quired as a qualification for any office or public trust.
People v. Mayworm, 5 Mich. 146; People v. Auditor General, 5 Mich. 193; Underwood v. McDuffee, 15 Mich. 366; People v. Miller, 16 Mich. 56; People v. Hurlbut, 24 Mich. 44; Shurbun v. Hooper, 40 Mich. 503; Attorney Gen- eral v. Detroit Common Council, 58 Mich. 223; Hall v. Collins, 76 N. W. R. 72.
(b) SEC. 2. When private property is taken for the use or Private benefit of the public, the necessity for using such property and the just compensation to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law: Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners of highways in the official discharge of their duty as highway commissioners.
Williams v. Mayor, 2 Mich. 560; Campau v. Detroit, 14 Mich. 276; People v. Highway Commissioners, 15 Mich. 347; Ryan v. Brown, 18 Mich. 196; People v. Brighton, 20 Mich. 57; People v. Salem, 20 Mich. 452; C. & M. L. S. R. R. Co. v. Sanford, 23 Mich. 418; Trombly v. Auditor Gen-
(a) As amended by joint resolution No. 42, laws of 1869. p. 425; ratified election of 1870.
(b) As amended by joint resolution No. 14, laws of 1859. p. 1102; ratified election of 1860.
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property for public use.
58
CONSTITUTION OF MICHIGAN.
ART. XVIII.
eral, 23 Mich. 471; M. C. & L. M. R. R. Co. v. Clark, 23 Mich. 519; Sheldon v. Kalamazoo, 24 Mich. 383; Horton v. Grand Haven, 24 Mich. 465; McCleary v. Hartwell, 25 Mich. 139; Arnold v. Decatur, 29 Mich. 77; Powers' Appeal, 29 Mich. 504; G. R. B. Co. v. Jarvis, 30 Mich. 308; Kroop v. Forman, 31 Mich. 144; Paul v. Detroit, 32 Mich. 108; Thomas v. Gain, 35 Mich. 155; G. R. N. & L. S. R. R. Co. v. G. R. & I. R. R. Co., 35 Mich. 265; Ryerson v. Brown, 35 Mich. 333; Ayres v. Rich- ards, 38 Mich. 214; 41 Mich. 680; People v. L. S. & M. S. R. R. Co., 52 Mich. 284; Bourchard v. Bourassa, 57 Mich. 8; In re Opening First Street, 58 Mich. 641; Cal- lanan v. Port Huron & N. W. R. R., 61 Mich. 14; City of Detroit v. Daly, 68 Mich. 503; In re Willis Ave., 68 Mich. 635; Pearsall v. Supervisors, 71 Mich. 445; Vanderlip v. Grand Rapids, 73 Mich. 532; Truax v. Sterling, 74 Mich. 160; Detroit v. Beecher, 75 Mich. 454; People v. D. G. H. & M. R. R. Co., 79 Mich. 471; Taylor v. Street Railway Co., 80 Mich. 77; City of Owosso v. Richfield, 80 Mich. 328; City of Saginaw v. Campau, 102 Mich. 594; Stofflet v. Estes, 104 Mich. 213; Campau v. City of Detroit, 104 Mich. 561; Sewell v. Patterson, 107 Mich. 236; Roberts v. Smith, 72 N. W. R. 1091; City of Mt. Clemens v. Macomb Circuit Judge, 77 N. W. R. 936.
Mechanical trades in state prison.
SEC. 3. No mechanical trade shall hereafter be taught to convicts in the state prison of this state, except the manu- facture of those articles of which the chief supply for home consumption is imported from other states or countries.
People v. Insp'r., etc., State Prison, 4 Mich. 187.
Navigable streams.
SEC. 4. No navigable stream in this state shall be either bridged or dammed without authority from the board of su- pervisors of the proper county under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams or preclude the state from the further improvement of the navigation of such streams.
La Plaisance Bay Co. v. Monroe Walk. Ch. 155; Moore v. Sanborn, 2 Mich. 520; Lorman v. Benson, 8 Mich. 18; Tyler v. People, 8 Mich. 320; Ryan v. Brown, 18 Mich. 196; Powers v. Irish, 23 Mich. 429; G. R. B. Co. v. Jarvis, 30 Mich. 429; Thunder Bay B. Co. v. Speechly, 31 Mich. 336; Clay v. Pennoyer, etc., 34 Mich. 204; Fox v. Holcomb, 34 Mich. 298; Attorney General v. Evart B. Co., 34 Mich. 162; Maxwell v. Bridge Co., 41 Mich. 453; Benjamin v. Manistee Co., 42 Mich. 628; Nelson v. Cheboygan S. W. Nav. Co., 44 Mich. 7; Shepherd v. Gates, 50 Mich. 495; Grand Rapids v. Powers, 89 Mich. 94; Stofflet v. Estes, 104 Mich. 213; Corning v. City of Saginaw, 74 N. W. R. 307; Dutrich et al. v. Schremm et al., 75 N. W. R. 618
Public moneys.
SEC. 5. An accurate statement of the receipts and expendi- tures of the public moneys shall be attached to, and pub- lished with the laws at every regular session of the legisla- ture.
Laws. etc .. SEC. 6. The laws, public records, and the written judicial to be in English. and legislative proceedings of the state shall be conducted, promulgated and preserved in the English language.
Right to SEC. 7. Every person has a right to bear arms for the de- bear arms. fense of himself and the state.
Military SEC. 8. The military shall in all cases, and at all times, be subordinate in strict subordination to the civil power.
to civil power. Quartering of soldiers.
SEC. 9. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
59
CONSTITUTION OF MICHIGAN
ART. XIX.
SEC. 10. The people have the right peaceably to assemble Right of together to consult for the common good, to instruct their petition. representatives, and to petition the legislature for redress of grievances.
State Tax Law Cases, 54 Mich. 282.
SEC. 11. Neither slavery nor involuntary servitude, unless Slavery for the punishment of crime, shall ever be tolerated in this prohibited. state.
People v. Hanrahan, 75 Mich. 620.
SEC. 12. No lease or grant hereafter of agricultural land Leases. for a longer period than twelve years, reserving any rent or service of any kind, shall be valid.
SEC. 13. Aliens who are, or who may hereafter become, Aliens may bona fide residents of this state, shall enjoy the same rights hold prop in respect to the possession, enjoyment and inheritance of erty.
property, as native born citizens.
Crane v. Reeder, 21 Mich. 24; Thompson v. Waters, 25 Mich. 214.
SEC. 14. The property of no person shall be taken for Private public use without just compensation therefor. Private roads property. may be opened in the manner to be prescribed by law; but in Private every case the necessity of the road and the amount of all roads. damages to be sustained by the opening thereof shall be first determined by a jury of free-holders; and such amount. together with the expenses of proceedings, shall be paid by the person or persons to be benefited.
Williams v. Mayor, 2 Mich. 560; Paul v. Detroit, 32 Mich. 108; Ayres v. Richards, 38 Mich. 214; Chaffee's Ap- peal, 56 Mich. 253; Toledo, A. A. & Nor. R. R. v. Munson, 57 Mich. 44; Vanderlip v. Grand Rapids, 73 Mich. 532; Truax v. Sterling, 74 Mich. 160; Fuller v. City of Detroit, 97 Mich. 597; City of Saginaw v. Campau, 102 Mich. 594; Brown v. Greenfield Township Board, 109 Mich. 560; Rob- erts v. Smith, 72 N. W. R. 1091.
SEC. 15. No general revision of the laws shall hereafter be Revision of made. When a reprint thereof becomes necessary, the legis- laws. lature in joint convention shall appoint a suitable person to collect together such acts and parts of acts as are in force, Commis- and, without alteration, arrange them under appropriate sioners to heads and titles. The law so arranged shall be submitted examine. to two commissioners appointed by the governor for exami- nation, and if certified by them to be a correct compilation of all general laws in force, shall be printed in such manner as shall be prescribed by law.
Stewart v. Riopelle, 48 Mich. 178.
ARTICLE XIX. UPPER PENINSULA.
(c) SECTION 1. The counties of Mackinac, Chippewa, Del- Upper pen- ta, Marquette, Schoolcraft, Houghton and Ontonagon, and insula. schedule,
See the islands and territory thereunto attached, the islands of Sec. 26. Lake Superior, Huron and Michigan, and in Green Bay and the Straits of Mackinac and the River Ste. Marie, shall con-
(c) See act 150, laws 1863, p. 281.
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CONSTITUTION OF MICHIGAN.
ART. XIX.
stitute a separate judicial district, and be entitled to a dis- trict judge and district attorney.
Niles v. Circuit Judge, 102 Mich. 328; Smith v. L. S. & M. S. Ry. Co., 72 N. W. R. 328.
District judge.
(d) SEC. 2. The district judge shall be elected by the elect- ors of such district, and shall perform the same duties and possess the same powers as a circuit judge in his circuit, and shall hold his office for the same period.
Attorney ..
(e) SEC. 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warrants for the arrest of offenders in cases of felony, to be proceeded with as shall be prescribed by law.
Senators and representa- tives.
SEC. 4. Such judicial district shall be entitled at all times to at least one senator, and until entitled to more by its pop- ulation, it shall have three members of the house of repre- sentatives, to be apportioned among the several counties by the legislature.
Compensa- tion of judges, etc. See Const., Art. 4, Sec. 15.
SEC. 5. The legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hun- dred dollars a year; and may allow extra compensation to the members of the legislature from such territory, not ex- ceeding two dollars a day during any session.
Election, when to take place.
(f) SEC. 6. That elections for all district or county officers, state senators or representatives, within the boundaries de- fined in this article, shall take place on the Tuesday succeed- ing the first Monday of November in the respective years in which they may be required. The county canvass shall be held on the first Monday thereafter, and the district canvass on the third Monday of said November.
Mining taxes.
SEC. 7. One-half of the taxes received into the treasury from mining corporations in the upper peninsula, paying an annual state tax of one per cent., shall be paid to the treas- urers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The legislature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be re- funded.
People v. Auditor General, 9 Mich. 141; Walcott v. People, 17 Mich. 68.
Location of state prison. Mining com- panies.
SEC. 8. The legislature may change the location of the state prison from Jackson to the upper peninsula.
SEC. 9, The charters of the several mining corporations may be modified by the legislature, in regard to the term lim- ited for subscribing to stock, and in relation to the quan- tity of land which a corporation shall hold; but the capital shall not be increased, nor the time for the existence of char- ters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be
(d) See act 150. laws 1863, p. 281. See schedule, Sec. 26.
(e) See act 191, laws of 1865, p. 320. (f) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified election of 1862.
61
CONSTITUTION OF MICHIGAN.
ART. XX.
necessary for the exercise of its corporate franchises.
Mason v. Perkins, 73 Mich. 303.
(g) ARTICLE XIX-A. RAILROADS.
SECTION 1. The legislature may, from time to time, pass Railroad laws establishing reasonable maximum rates of charges for fares and the transportation of passengers and freight on different rail- freights. roads in this state, and shall prohibit running contracts be- tween such railroad companies whereby discrimination is Discrimina- made in favor of either of such companies as against other tion pro- companies owning connecting or intersecting lines of rail- hibited. road.
Wellman v. Chicago & G. T. R. R. Co., 83 Mich. 592, 143 U. S. 339; Smith v. Lake Shore & M. S. Ry. Co., 72 N. W. R. 328.
lines not to consolidate.
SEC. 2. No railroad corporation shall consolidate its stock, Competing property, or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given of at Notice of least sixty days to all stockholders, in such a manner as consolida- tion. shall be provided by law.
F. & P. M. R. R. Co. v. Rich, Commissioner of Rail- roads, 91 Mich. 293.
ARTICLE XX.
AMENDMENT AND REVISION OF THE CONSTITUTION.
(h) SECTION 1. Any amendment or amendments to this Amend- constitution may be proposed in the senate or house of rep- ments to constitu- resentatives. If the same shall be agreed to by two-thirds of tion. the members elected to each' house, such amendment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next spring or autumn elec- tion thereafter, as the legislature shall direct; and if a ma- jority of electors qualified to vote for members of the legisla- ture voting thereon shall ratify and approve such amend- ment or amendments, the same shall become part of the constitution.
Westinghausen v. People, 44 Mich. 265; Seneca Mining Co. v. Secretary of State, 82 Mich. 573.
(i) SEC. 2. At the general election to be held in the year Revision of one thousand eight hundred and sixty-six, and in each six- the consti- tution. teenth year thereafter, and also at such other times as the legislature may by law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members. of the legislature, and in case a majority of the electors so qualified, voting at such elec- tion, shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for
(g) Submitted by joint resolution No. 1, laws of 1870, p. 13; rati- fied election of 1870.
(h) As amended by joint resolution No. 29. public acts 1875, p. 310 : ratified election of 1876.
(i) As amended by joint resolution No. 17, laws of 1861. p. 589; ratified election of 1862.
62
CONSTITUTION OF MICHIGAN.
SCHEDULE.
the election of such delegates to such convention. All the amendments shall take effect at the commencement of the year after their adoption.
Seneca Mining Co. v. Sec. of State, 82 Mich. 573.
SCHEDULE.
That no inconvenience may arise from the changes in the constitution of this state, and in order to carry the same into complete operation, it is hereby declared that
Douvielle v. Manistee Supervisors, 40 Mich. 585.
Laws to remain in force.
SECTION 1. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are al- tered or repealed by the legislature.
Stout v. Keyes, 2 Doug. 188; May v. Rumney, 1 Mich. 3; Beecher v. Baldy, 7 Mich. 488; Lorman v. Benson, 8 Mich. 18; Walcott v. People, 17 Mich. 68; Fisher v. Provin, 25 Mich. 347.
Continuance of writs, actions, etc.
SEC. 2. All writs, actions, causes of action, prosecutions and rights of individuals, and of bodies corporate, and of the state, and all charters of incorporation, shall continue, and all indictments which shall have been found or which may hereafter be found, for any crime or offense committed be- fore the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this consti- tution.
.
Fines, etc.
SEC. 3. That all fines, penalties, forfeitures and escheats, accruing to the state of Michigan under the present constitu- tion and laws, shall accrue to the use of the state under this constitution.
Recogni- zances. bonds and obligations.
SEC. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adop- tion of this constitution, to the people of the state of Mich- igan, to any state, county or township, or any public officer, or public body, or which may be entered into or executed, un- der existing laws, "to the people of the state of Michigan," to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue and may be prose- cuted as provided by law. And all crimes and misdemeanors and penal actions shall be tried, punished and prosecuted as though no change had taken place, until otherwise provided by law.
Governor and lieu- tenant gov- ernor. Officers to hold over.
SEC. 5. A governor and lieutenant governor shall be chosen under the existing constitution and laws to serve after the expiration of the term of the present incumbent.
SEC. 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until super- seded under the laws now in force, or under this constitution.
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CONSTITUTION OF MICHIGAN
SCHEDULE.
SEC. 7. The members of the senate and house of represent- Senators and atives of the legislature of one thousand eight hundred and representa- fifty-one shall continue in office under the provisions of law, tives. until superseded by their successors, elected and qualified under this constitution.
SEC. 8. All county officers, unless removed by competent County offi- authority, shall continue to hold their respective offices cers to hold until the first day of January, in the year one thousand eight over. hundred and fifty-three. The laws now in force as to the election, qualification and duties of township officers, shall continue in force until the legislature shall, in conformity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers, respectively.
SEC. 9. On the first day of January, in the year one thou- Terms of sand eight hundred and fifty-two, the terms of office of the certain offi- judges of the supreme court, under existing laws, and of cers. the judges of the county courts, and of the clerks of the su- preme court, shall expire, on the said day.
SEC. 10. On the first day of January, in the year one thou- Jurisdiction sand eight hundred and fifty-two, the jurisdiction of all suits of suits. and proceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings at law and equity, then pending in the cir- cuit courts and county courts for the several counties, shall become vested in the circuit courts of the said counties and district court for the upper peninsula.
SEC. 11. The probate courts, and courts of justices of the Jurisdiction peace, and the police court, authorized by an act entitled of probate "An act to establish a police court in the city of Detroit, ap- courts. proved April second, one thousand eight hundred and fifty," shall continue to exercise the jurisdiction and powers now conferred upon them, respectively, until otherwise provided by law.
Allor v. Wayne County Auditors, 43 Michigan, 101.
SEC. 12. The office of state printer shall be vested in the State present incumbent until the expiration of the term for which printer. he was elected under the law then in force; and all the pro- visions of the said law relating to his duties, rights, privi- leges and compensation shall remain unimpaired and invio- late until the expiration of his said term of office.
Ayres v. Board of State Auditors, 42 Mich. 423.
SEC. 13. It shall be the duty of the legislature, at their Duty of leg- first session, to adapt the present laws to the provisions of islature of this constitution as far as may be. 1851.
People v. May, 3 Mich. 598; Ayres v. Auditors, 42 Mich. 431.
SEC. 14. The attorney general of the state is required to Duty of prepare and report to the legislature at the commencement attorney of the next session such changes and modifications in exist- general. ing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into
6.4
CONSTITUTION OF MICHIGAN.
SCHEDULE.
effect its provisions, and he shall receive no additional com- pensation therefor.
Representa- tion of cer- tain terri- tory.
SEC. 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation.
Constitution to be sub- mitted to people.
SEC. 16. This constitution shall be submitted to the people for their adoption or rejection at the general election to be held on the first Tuesday of November, one thousand eight hundred and fifty; and there shall also be submitted for adoption or rejection at the same time the separate resolu- tion in relation to the elective franchise; and it shall be the duty of the secretary of state and all other officers, re- quired to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of governor, that this constitution has been duly submitted to the electors at said election. Every news- paper within this state publishing in the month of September next this constitution as submitted shall receive as com- pensation therefor, the sum of twenty-five dollars to be paid as the legislature shall direct.
Qualification of electors.
SEC. 17. Any person entitled to vote for members of the legislature, by the constitution and laws now in force, shall at the said election be entitled to vote for the adoption or rejec- tion of this constitution, and for or against the resolution separately submitted, at the places and in the manner pro- vided by law for the election of members of the legislature.
Ballot box.
SEC. 18. At the said general election a ballot box shall be kept by the several boards of inspectors thereof for receiving the votes cast for or against the adoption of this constitu- tion; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the Constitution-Yes," or "Adoption of the Constitution-No."
Canvass.
SEC. 19. The canvass of the votes cast for the adoption or rejection of this constitution, and the provision in relation to the elective franchise separately submitted, and the re- turns thereof shall be made by the proper canvassing offi- cers, in the same manner as now provided by law for the canvass and return of the votes cast at an election for governor, as near as may be, and the return thereof shall be directed to the secretary of state. On the sixteenth day of December next, or within five days thereafter, the auditor general, state treasurer, and secretary of state shall meet at the capitol, and proceed, in presence of the governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Con- stitution-Yes," this constitution shall be the supreme law of the state from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution- No," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately,
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