USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 11
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Removal of judge or justice from his jurisdiction creates, etc. 6
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Justice of the peace elected to fill, holds for residue of term .. 6
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VILLAGES, incorporation of. 15
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Powers of taxation, borrowing money and lonning credit to be re- stricted.
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Judicial officers of, to be elected ..
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Other officers, elected or appointed.
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Private property taken for, compensation, etc. Value, how determined .
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Alteration of charter, notice to be given of
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VOTERS, qualifications of.
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VOTES IN LEGISLATURE, when to be riva voce.
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WARRANTS, for search and seizures to be supported by oath
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34
Accused to be confronted by. 6
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To have process for. 6
Not to be unreasonably detained ..
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YEAS AND NAYS, When to be entered on journal
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Votes on nomination to senate to be made by.
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On reconsideration of bills vetoed.
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On passage of bills ... 1
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1
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On amendments to constitution 20
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WITNESSES, competency of, not affected by religious belief.
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Of representatives, filled by election.
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Of judge of the supreme court, governor appoints.
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One senator, three representatives.
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Governor may suspend execution of sentence Legislature may pardon, etc ..
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Board of regents to have supervision of.
Of governor, lieutenant governor acts.
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Of regents, governor appoints.
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CONSTITUTIONAL CONVENTIONS.
CONVENTION OF 1835.
(Convened at Detroit, May 11, and adjourned June 24, 1835.)
OFFICERS.
JOHN BIDDLE, CHARLES W. WHIPPLE, MARSHALL J. BACON, OLMSTEAD HOUGH,
President.
Secretaries.
Sergeant-at-arms.
DELEGATES.
First District .- Wayne county .- John Biddle, John Norvell, John McDonnell, John R. Williams, Alpheus White, Amos Stevens, Conrad Ten Eyck, Louis Beau- fait, Peter Van Every, Jonathan D. Davis, Caleb Herrington, Ammon Brown, Theophilus E. Tallman, George W. Farrington, Asa H. Otis, Charles F. Irwin, William Woodbridge.
Second District .- Monroe county .- David White, Edward D. Ellis, Peter P. Ferry, Lemuel Colbath, Josephus V. D. Sutphen, Robert McClellen, Eliphalet Clark, Samuel Ingersoll, James F. Godfroy.
Third District .- Lenawee county .- Ross Wilkins, Seleck C. Boughton, Allen Hutchins, John J. Adam, Joseph Howell, Joseph H. Patterson, Darius Comstock, John Whitney (a), Alexander R. Tiffany (b). '
Fourth District .- Washtenaw county .- Gilbert Shattuck, Abel Godard, Wil- liam Moore, Robert Purdy, John Brewer, Alpheus Collins, Michael P. Stubbs Richard Brower, Rufus Crossman, Nathaniel Noble, Russell Briggs, Orin How, Emanuel Case, Edward Mundy, Orrin White.
Fifth District .- Oakland county .- Isaac I. Voorheis, Randolph Manning, Sen- eca Newberry, Joshua B. Taylor, Elijah F. Cook, Ebenezer Raynale, John Ellen- wood, Jeremiah Riggs, Benjamin B. Morris, William Patrick, Jonathan Chase, Samuel White, Thomas Curtis, Norman Davison.
Sixth District .- Macomb county .- Samuel Axford, Jacob Tucker, Henry Por- ter, John S. Axford, Ephraim Calkin, Solomon Porter.
Seventh District .- St. Clair county .- Ralph Wadhams, John Clark.
Eighth District .- Jackson county .- Townsend E. Gidley, Rosevelt Davis (c), Roswell B. Rexford (c).
Ninth District .- Hillsdale and Branch counties .- Lewis T. Miller.
Tenth District .- Calhoun county .- Isaac E. Crary, Ezra Convis.
(a) Held seat in convention until May 16, 1835.
(b) Seated by the convention May 16, in place of John Whitney.
(c) The vote for Davis and Rexford was a tie. Matter referred back to district for special election, when Rexford was elected, and seated by convention. June 3, 1835. Davis acted until June 3.
75
CONSTITUTIONAL CONVENTIONS.
Eleventh District .- Kalamazoo county .- Hezekiah G. Wells, William H. Welch, Lucius Lyon.
Twelfth District .- Cass county .- James Newton, James O'Dell, Baldwin Jenkins.
Thirteenth District .- St. Joseph county .- John S. Barry, Hubbell Loomis, Martin G. Shellhouse.
Fourteenth District .- Berrien county .- Elijah Lacy, Titus B. Willard.
Fifteenth District .- Mackinaw county .- Michael Dousman.
Sixteenth District .- Chippewa county .- Bela Chapman.
It was this convention that formed the first constitution of the state.
The delegates were elected April 4, 1835, in pursuance of an act of the territo- rial council of January 26, 1835. The constitution was adopted by a vote of the people in October, 1835, there being 6,299 yeas and 1,359 nays (a). It remained in force as the fundimental law of the state until the constitution of_1850 went into operation.
FIRST CONVENTION OF ASSENT.
(Convened at Ann Arbor, September 26, and adjourned September 30, 1836.)
OFFICERS.
WILLIAM DRAPER, -
President.
CHARLES A. JEFFERIES, 1
- Secretaries.
SAMUEL YORK AT LEE,
Sergeant-at-Arms.
MARTIN DAVIS,
DELEGATES.
Allegan and Barry .- Richard Weare.
Berrien .- Titus B. Willard.
Branch .- Harvey Warner.
Calhoun .- Lorenzo B. Collamer.
Cass .- James Newton, James O'Dell.
Chippewa .- Stephen R. Wood.
Hillsdale .- Zachariah Van Duser.
Jackson .- Ethan Allen. Kalamazoo .- Joseph A. Smith, William H. Welch. Lapeer .- Mason Butts.
Lenawee .- Darius Comstock, Joseph Rickey, Ross Wilkins, JJohn Hutchins.
Macomb .- Jacob Tucker, John S. Axford, Linus S. Gilbert.
Monroe .- Austin E. Wing, Robert Clark, Edward D. Ellis, Wolcott Lawrence. Oakland .- Origen D. Richardson, William Draper, S. A. L. Warner, Sammel Satterlee, Edward W. Peck, John L. Brownell.
Ottawa, Kent, Ionia and Clinton .- William A. Richmond.
Saginaw, Genesce and. Shiawassee .- Thomas J. Drake. St. Clair .- Charles Kimball.
(a) These figures were taken from Senate documents of 1835, and do not include the vote of Kalamazoo county-453 for and 15 against the constitution, as per returns in the secretary of State's office.
+
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CONSTITUTIONAL CONVENTIONS.
. St. Joseph .- Columbia Lancaster, Watson Sumner.
Washtenaw and Livingston .- Seth Markham, Michael P. Stubbs, Marcus Lane, Ebenezer H. Conklin, Geo. P. Jefferies, Elnathan Noble, Geo. W. Glover.
Wayne .- Titus Dort, David C. Mckinstry, Louis Beaufait, Benjamin B. Ker- cheval, Ammon Brown, Eli Bradshaw, Horace A. Noyes, John McDonell.
The act of congress, of June 15, 1836, establishing the northern boundary line of the state of Ohio and providing for the admission of Michigan into the union, required that the assent of a convention of delegates elected by the people for that purpose be given.
The delegates were elected September 12, 1836, in pursuance of an act of the state legislature of July 25, 1836. The conditions presented by the aforesaid act of congress, cutting off Toledo and vicinity from the limits of Michigan and giv- ing that territory to the state of Ohio, were rejected by this convention.
SECOND CONVENTION OF ASSENT.
(Convened at Ann Arbor, December 14, and adjourned December 15, 1836.)
OFFICERS.
JOHN R. WILLIAMS, President.
KINTZING PRITCHETT, )
Secretaries.
J. E. FIELDS,
DELEGATES.
Allegan .- Silas F. Littlejohn, Orsemus Eaton.
Berrien .- Hart L. Stewart, George W. Hoffman.
Branch .- James B. Tomkins, Peris A. Tisdel.
Calhoun .- Benjamin Wright, Justus Goodwin.
Cass .-- Edwin N. Bridges, Jacob Silver, Joseph Smith, Abiel Silver.
Hillsdale .- Rockwell Manning, Zachariah Van Duser.
Jackson .- Joab Page, Benjamin H. Packard.
Kalamazoo .- Samuel Percival, Ira Lyon, Isaac W. Willard, Ambrose Searle.
Kent .- Samuel Dexter, Charles J. Walker.
Lapeer .- Norman Davison, Harvey Gray.
Lenawee .- John Hutchins, Jeremiah D. Thompson, Joseph Rickey, Addison J. Comstock, Peter Morey, John J. Adam, Oliver Miller, Darius C. Jackson.
Oakland .- Gideon O. Whittemore, Hiram Baritt, Joseph Coates, Charles Grant, Parley W. C. Gates. John S. Livermore, Henry S. Babcock, William K. Crooks, Samuel White, James B. Hunt, David Chase, Benjamin B. Morris."
Saginaw .- Gardner D. Williams. Samuel G. Watson.
St. Clair .- Ralph Wadhams, Joel Tucker.
St. Joseph .- Phillip R. Toll, Aaron B. Watkins, William H. Adams, Stephen W. Truesdell.
Van Buren .- Charles B. Avery:
Washtenaw .- Nelson H. Wing, Salmon Champion, Jr., Nathaniel Noble, Lyman Downs, James Houston, Esek Pray, George W. Jewett, Solomon Sutherland, Sam- uel Denton, Samuel B. Bradley, Elisha Congdon, Stoddard W. Twatchell, Jesse Warner.
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CONSTITUTIONAL CONVENTIONS.
Wayne .- John R. Williams, Ross Wilkins, Charles Moran, Marshal J. Bacon, Daniel Goodwin, Benjamin F. H. Witherell, John E. Schwarz, Reynold Gillett, Eli Bradshaw, Horace A. Noyes, Elihu Morse, Warren Tuttle, Archibald Y. Mur- ray, James Bucklin, Josiah Mason, Charles F. Irwin.
The delegates to this convention were elected December 5 and 6, 1836, in pur- suance of a recommendation of the people, and ostensibly in compliance with the act of the state legislature of July 25, 1836. They met in convention at Ann Arbor, December 14 and 15, 1836, and adopted a resolution giving the assent of the state to the requirement of the act of congress of June 15, 1836. The resolution was signed by the above named delegates, excepting those whose names are printed in italics, who were returned to the secretary of state as elected, but do not appear to have taken part in the convention. The above information is obtained from the record of the election returns and canvass of 1835-45, now in the office of the secretary of state.
CONVENTION OF 1850.
(Convened at Lansing, June 3, and adjourned August 15, 1850.)
OFFICERS.
DANIEL GOODWIN,
President.
JOHN SWEGELS, JR.,
HORACE F. ROBERTS,
Secretaries.
CHARLES HASCALL,
DAVID HUBBARD, JR., - Sergeant-at-Arms. -
DELEGATES.
Allegan .- Oka Town.
Barry .- Joseph W. T. Orr.
Berrien .- Calvin Britain, Jacob Beeson, Charles W. Whipple.
Branch .- Wales Adams, Alvarado Brown, Asahel Brown.
Calhoun .- Isaac E. Crary, Milo Soule, William V. Morrison, John D. Pierce. Nathan Pierce.
Cass .- George Redfield, Mitchell Robinson, James Sullivan.
Chippewa .- Elijah J. Roberts.
Clinton .- David Sturgis.
Eaton .- Charles E. Beardsley, John D. Burns.
Genesee .- John Bartow, Elbridge G. Gale, Dewitt C. Leach.
Hillsdale .- John P. Cook, Daniel Kinne, John Mosher, Jonathan B. Graham. Ingham .- Charles P. Bush, Ephraim B. Danforth.
Ionia .- Henry Bartow, Cyrus Lovell.
Jackson .- Robert H. Anderson, John L. Butterfield, Jerry G. Cornell, Elisha S. Robinson, Wilbur F. Storey.
Kalamazoo .- Hezakiah G. Wells, Samnel Clark, Volney Hascall.
Kent and Ottawa .- Rix Robinson, Thomas B. Church, Timothy Eastman.
Lapecr .- Noah HI. Hart, Jonathan R. White.
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78
CONSTITUTIONAL CONVENTIONS.
Lenawee .- Addison J. Comstock, Alexander R. Tiffany, Peter R. Adams, Charles Chandler, George C. Harvey, Nelson Green, Ebenezer Daniels.
Livingston .- Daniel S. Lee, Robert Crouse, Robert Warden, Jr., Ely Barnard. Mackinac .- William Norman McLeod.
Macomb .- DeWitt C. Walker, Charles W. Chapel, Andrew S. Robertson, Hiram Hathaway.
Monroe .- Robert Mcclellan, Alexander M. Arzeno, Emerson Choate, Henry B. Marvin.
Oakland .- James Webster, Alfred H. Hanscomb, Seneca Newberry, Jacob Vanvalkenburg, Ebenezer Raynale, Gideon O. Whittemore, William Axford, Zebina M. Mowry, Elias S. Woodman.
Saginaw .- Jabez G. Sutherland.
Shiawassee .- Francis J. Prevost.
St. Clair .- John Clark, Lorenzo M. Mason, Reuben B. Dimond.
St. Joseph .- William Connor, Joseph R. Williams, Edward S. Moore.
Van Buren .- Isaac W. Willard.
Washtenaw .- James Kingsley, Elias M. Skinner, Earls P. Gardiner, Daniel Hixson, Morgan O'Brien, William S. Carr, Benjamin W. Waite, James M. Edmunds.
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Wayne .- Daniel Goodwin, Benjamin F. H. Witherell, John Gibson, Ammon Brown, Henry J. Alvord, Henry Fralick, Peter Desnoyers, Henry T. Backus, Joseph H. Bagg, Ebenezer C. Eaton.
The delegates to this convention were elected May 6, 1850, in pursuance of act No. 78 of the laws of 1850. The constitution as revised by the convention was submitted to the people November 5, 1850, and adopted by a majority of 26,736 votes. It is the constitution now in force. It has been amended from time to time. The proposed amendments and votes on the same may be found by refer- ring to the index.
CONVENTION OF 1867.
(Convened at Lansing. May 15, and adjourned August 22, 1867.)
·OFFICERS.
CHARLES M. CROSWELL, President.
THOMAS H. GLENN,
G. X. M. COLLIER, T. P. MILES,
Secretaries.
D. B. PURINTON, -
SEYMOUR FOSTER,
Sergeant-at-Arms. Postmaster.
DELEGATES.
Allegan .- William B. Williams, William E. White.
Barry .- Harvey Wright, Adam Elliott. Bay .- James Birney.
Berrien .- William S. Farmer, Lorenzo P. Alexander, Henry H. Coolidge. Branch .- Cyrus G. Luce, Asahel Brown, Julius S. Barber.
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CONSTITUTIONAL CONVENTIONS.
Calhoun .- Charles D. Holmes, Eden F. Henderson, George Willard.
Cass .- Levi Aldrich, John Jacob Van Riper. Clinton .- Alvah H. Walker, Nathaniel I. Daniells. Eaton .- Joseph Musgrave, Milton P. Burch.
Genesee .- Sumner Howard, Henry R. Lovell, Thaddeus G. Smith.
Grand Traverse, etc .- De Witt C. Leach.
Gratiot .- De Witt C. Chapin.
Hillsdale .- Lewis J. Thompson, Daniel L. Pratt, Simeon P. Root.
Houghton .- John Q. Mckernon.
Huron .- Richard Winsor.
Ingham .- John W. Longyear, Lemuel Woodhouse.
Ionia .- George W. Germain, Sanford A. Yeomans.
Jackson .- Eugene Pringle, Freeman C. Watkins, William F. Goodwin.
Kalamazoo .- Marsh Giddings, Delamore Duncan. Milton Bradley.
Kent .- Solomon L. Withey, Jacob Ferris, Milton C. Watkins, Lyman Murray.
Keweenaw .- Robert F. Gulick.
Lapeer .- Myron C. Kenney, John M. Lamb.
Lenawee .- Jacob C. Sawyer. Perley Bills, Martin P. Stockwell, Horace J. Shel- don, Charles M. Crosswell.
Livingston .- Benjamin W. Lawrence, Edwin B. Winans.
Mackinac, etc .- Bela Chapman.
Macomb .- Dexter Mussey, Thomas M. Crocker, William W. Andrus.
Marquette .- Eleazer S. Ingalls.
Midland, etc .- Perry H. Estee.
Monroe .- Edward G. Morton, William A. Rafter, William Corbin.
Montcalm .- George F. Case.
Muskegon .- Henry M. Holt.
Newaygo, etc .- William S. Utley.
Oakland .- P. Dean Warner, Edward P. Harris, Willard M. McConnell, JJacob Vanvalkenburg.
Ontonagon .- James Burtenshaw,
Ottawa .- John Haire, Hiram Jennison.
Saginaw .- Jabez G. Sutherland, Hiram L. Miller.
Sanilac .- John Divine.
Shiawassee .- Josiah Turner, S. Titus Parsons.
St. Clair .- Marcus H. Miles, Ezra Hazen, Omar D. Conger.
St. Joseph .- William L. Stoughton, Comfort Tyler, Levi T. Hull.
Tuscola .- Benjamin W. Houston, Jr.
Van Buren .- Samuel H. Blackman, Charles Duncombe.
Washtenaw .- Thomas Ninde. Charles H Richmond, Lyman D. Norris, Daniel Hixson.
Wayne .- Robert McClelland, Daniel Goodwin, Peter Desnoyers. William A. Smith, Jonathan Shearer, William E. Warner, George V. N. Lothrop, Peter Hen- kel, William Purcell.
The delegates to this convention were elected April 1, 1867, in pursuance of act No. 41, of the session laws of 1867. The constitution as revised by this conven- tion was submitted to the people April 6, 1868. It was rejected by a vote of 71.733 yeas, to 110,582 nays.
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CONSTITUTIONAL CONVENTIONS.
CONSTITUTIONAL COMMISSION OF 1873.
(Convened at Lansing August 27, and adjourned October 16, 1873.)
OFFICERS.
Chairman.
SULLIVAN M. CUTCHEON, HENRY S. CLUBB, -
Clerk.
STEPHEN B. MCCRACKEN,
Assistant Clerk.
WILLIAM BURNHAM,
Door Keeper.
Congressional districts.
Members.
Counties.
1 Elijah W. Meddaugh Ashley Pond.
Wayne. Wayne.
2 Edwin Willits. Sullivan M. Cutcheon (a)
Monroe. Washtenaw.
3 Isaac M. Crane Charles Upson
Eaton. Branch.
4 Henry H. Riley. Hezekiah G. Wells
St. Joseph. Kalamazoo.
5 Solomon L. Withey Lyinan G. Mason (resigned September 2, 1873). William M. Ferry (b).
Kent. Muskegon. Ottawa.
6 Ira D. Crouse Lysander Woodward.
Livingston. Oakland.
7 Edwin W. Giddings (resigned October 8. 1873).
Macomb. Sanilac.
8 Herschel H. Hatch .: David H. Jerome.
Bay. Saginaw.
9 James R. Devereaux. Seth C. Moffatt.
Houghton. Leelanau.
Elected chairman.
Appointed October 2, 1873, vice Mason.
This commission consisted of two members from each congressional district of the state, who were appointed by the governor, pursuant to joint resolution No. 19 of the legislature of 1873. It completed its labors October 16, and made a formal report to the governor. The constitution as revised by the commission was submitted to the people November 3, 1874, in pursuance of joint resolu- tion No. 4 of the session of 1874, and rejected by a vote of 39,285 yeas to 124,034 nays.
John Divine.
STATE NORMAL COLLEGE, YPSILANTI.
OF THE LEGISLATURE.
[Act No. 3, Laws of 1873.]
AN ACT to provide for the payment of the officers and members of the legislature.
SECTION 1. The People of the State of Michigan enact, That there Appropriation. be and hereby is appropriated out of any money in the treasury to the credit of the general fund, a sum sufficient for the payment of the officers and members of the legislature for the present, and each ses- sion hereafter.
SEC. 2. The compensation of the president and members of the sen- Compensa- ate, and of the speaker and members of the house of representatives, tion of offi- shall be three dollars per day each, for actual attendance, and when cers and absent on account of sickness during the session of the legislature, members. and ten cents for every mile actually traveled in going to and return- ing from the place of meeting on the usually traveled route. Each ' member of the senate and the house of representatives shall be en- titled to receive five dollars for stationery and newspapers. The com- Of secretary, pensation of the secretary, engrossing and enrolling clerk, and ser- clerks, ser- geant-at- geant-at-arms of the senate, and their authorized assistants, and of arms, etc. the clerk and engrossing and enrolling clerk, and sergeant-at-arms of the house of representatives, and their authorized assistants, and of the clerks employed with the consent of the senate and house of representatives, by any standing or special committees of either of said houses, shall be three dollars a day each, for actual attendance during the session, and ten cents for every miile actually traveled in going to and returning from the place of meeting on the usually traveled route. The compensation of the firemen and janitors of the Of janitors, senate and house of representatives, and their authorized assistants, assistants, etc. and keeper of the cloak-room, and of the postmaster of the legisla- Of postmas- ture, shall be three dollars per day, and that of the messenger boys ter and mes- sengers. two dollars per day for the time actually employed in attendance dur- ing the session, and mileage at the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capitol by the usually traveled route.
SEC. 3. Such sums as may be due under the provisions of this act, How paid. to the secretary of the senate and the clerk of the house of represen -- tatives, shall be certified by the presiding officers of the respective houses, and countersigned by the auditor general; and such sums as inay be due the president of the senate and the speaker of the house of representatives shall be certified by the secretary or clerk of the respective houses, and countersigned by the auditor general; and such sums as may be due to the members and other officers of either house, shall be certificd by the secretary or clerk and the presiding officers of the respective houses, and countersigned by the auditor general; and the state treasurer, upon the presentation of any such certificate, countersigned as provided in this section, is hereby authorized and directed to pay the same.
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·
82
THE LEGISLATURE.
Compensation .- The president of the senate and speaker of the house have the same compensation as members ; and are not by virtue of their offices entitled to any additional per diem or mileage.
People v. Whittemore, 2 Mich. 306.
POWERS, PRIVILEGES, ETC. (a) [Compiled Laws 1897, §§ 34-38.]
Officers of, not liable to arrest.
§ 34. SECTION 1. No officer of the senate or house of representa- tives, while in actual attendance upon the duties of his office, shall be liable to arrest on civil process.
See Const. Mich., Art. 4, Sec. 7. As to service upon an officer of process not requiring arrest, see Case v. Rohrbacher, 15 Mich. 537.
What of- fenses may be punished as contempt.
§ 35. SEC. 2. Each house may punish as a contempt, and by impris- onment, a breach of its privileges, or the privileges of its members, but only for one or more of the following offenses, to wit:
1. The offense of arresting a member or officer of the house or pro- curing such member or officer to be arrested, in violation of his privi- lege from arrest.
2. That of disorderly conduct in the immediate view of the house, and directly intending to interrupt its proceedings.
3. That of refusing to attend or be examined as a witness, either before the house or a committee, or before any person authorized by the house, or by a committee, to take testimony in legislative proceedings.
4. That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means or device, directly or indirectly to control or influence a member in giving his vote, or to prevent his giving the same; but the term of imprisonment which such house may impose for any contempt specified in this section shall not extend beyond the same session of the legislature.
In Southworth v. Palmyra & J. R. Co., 2 Mich. 287, the word "House" was construed to mean the members present and doing business; there being a quorum, an action by a majority of those present is action by the "house." As to power and manner of punishing witnesses for refusing to appear and tes- tify : Burnham v. Morissey, 14 Grey 226.
§ 36. SEC. 3. Every person who shall be guilty of any contempt. specified in the preceding section, shall also be deemed guilty of a
(a) Except as restricted by the constitution of the state and of the United States, the powers of the legislature to enact binding laws seem not to be limited. Scott v. Smart's Ex'rs, 1 Mich. 307; Williams v. Mayor, 2 Mich. 560; People v. Gallagher, 4 Mich. 244; Sears v. Cot- trell, 5 Mich. 258.
But it cannot delegate the power of enacting general laws by sub- mitting a general act to the determination of the people as to whether it shall become law or not. People v. Collins, 3 Mich. 343; see Shum- way v. Bennett, 29 Mich. 451. Nor can it make valid retrospectively what it could not originally have authorized. Butler v. Supervisors, 26 Mich. 22.
The legislature has such judicial powers only as are incident and essential to the discharge of its legislative functions; as, in deter- mining upon the election and qualification of its members, and im punishing for contempts. In such cases its determinations are con- clusive. F. & F. P. R. Co. v. Woodhull, 25 Mich. 104; People v. Maha- ney, 13 Mich. 493. But it cannot exercise any of the judicial powers apportioned to any other department. It cannot dictate to the courts what their judgment shall be, or set them aside when rendered, or give new hearings. Butler v. Supervisors of Saginaw, 26 Mich. 27; Sutherland v. Governor, 29 Mich. 325; Cash's Appeal, 6 Mich. 193.
Contempt to be a misde- meanor.
83
THE LEGISLATURE.
misdemeanor, and on conviction thereof shall be punished by impris- onment in the state prison not exceeding five years, or by imprison- ment in the county jail not exceeding one year, or by fine not exceed- ing one thousand dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court.
§ 37. SEC. 4. The oath of office of any member or officer of the By whom senate or house of representatives may be administed by and taken oath of members to and subscribed before the chancellor (b), any justice of the supreme be adminis- court, the lieutenant governor, the president pro tempore of the tered. senate, or the speaker of the house of representatives.
§ 38. SEC. 5. Any senator or representative, while acting as a Members of member of a committee of the legislature, or either branch thereof, committees
may admin- shall have authority to administer oaths to such persons as shall be ister oaths. examined before the committee of which he is a member.
MEETING AND ORGANIZATION.
§ 4. 1877, p. 53, April 25, August 21, Act 67. SECTION 1. The Secretary of People of the State of Michigan enact, That it shall be the duty of state to de- the secretary of state, on the day prior to any regular session of the members to liver list of legislature, to deliver to the secretary, or in case of his death or ina- secretary of bility, then to the assistant secretary of the preceding senate, also to senate and the clerk, or in case of his death or inability, then to the journal clerk clerk of house. of the next preceding house of representatives, a true and correct list of all the members elect of each house, as transmitted to him by the clerks of the several counties of the state, and in such list shall desig- nate the senators and representatives by their respective districts.
§ 5. SEC. 2. The members elect of the senate and house of repre- When legis- sentatives shall convene in their respective houses at the state house lature shall convene. at Lansing at 12 o'clock noon on the first Wednesday of January next succeeding their election, and proceed to the 'organization of their respective houses, in accordance with the provisions of this act, and no other business shall be in order until they shall have completed such organization.
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