USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 5
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SEC. 39. The legislature shall pass no law to prevent any person Religious from worshipping Almighty God according to the dictates of his own liberty. conscience, or to compel any person to attend, erect, or support any place of religious worship, or to pay tithes, taxes, or other rates for the support of any minister of the gospel or teacher of religion.
Pfeiffer v. Board of Education, 118 Mich. 560.
SEC. 40. No money shall be appropriated or drawn from the treas- Appropriation ury for the benefit of any religious sect or society, theological or reli- for religious gious seminary, nor shall property belonging, to the state be appropri- forbidden. purposes ated for any such purposes.
SEC. 41. The legislature shall not diminish or enlarge the civil or Rights of political rights, privileges and capacities of any person on account of opinion. his opinion or belief concerning matters of religion.
People v. Hurlbut, 24 Mich. 92; Frazee's case, 63 Mich. 396.
SEC. 42. No law shall ever be passed to restrain or abridge the lib- Liberty of erty of speech or of the press; but every person may freely speak, speech and write and publish his sentiments on all subjects, being responsible for . press. the abuse of such right.
Park v. Free Press Co., 72 Mich. 560.
SEC. 43. The legislature shall pass no bill of attainder, ex post facto Attainder, etc. law, or law impairing the obligation of contracts.
Scott v. Smart's Ex., 1 Mich. 295; Mundy v. Monroe, 1 Mich. 68: Cargill v. Power, 1 Mich. 369; Crane v. Hardy, 1 Mich. 56; People v. Hawley, 3 Mich. 330; People v. Jackson and M. P. R. Co., 9 Mich. 285; People v. East Saginaw Salt Co., 9 Mich. 327; Black- wood v. Van Fleet, 11 Mich. 252; Crippin v. Morrison, 13 Mich. 23; East Saginaw Mfg. Co. v. East Saginaw, 19 Mich. 259; New- ton v. McKay, 30 Mich. 380; Detroit v. D. & H. P. R. Co., 43 Mich. 143; Head Notes, 43 Mich. 644; Guild v. Kidd, 48 Mich. 307; Daniels v. Watertown Tp., 61 Mich. 514; Hall v. Perry, 72 Mich. 205; Bourgette v. Williams. 73 Mich. 211; Mason v. Per- kins, 73 Mich. 303; People v. Dane, 81 Mich. 36; Bradley v. Titta- bawassee Boom Co., 82 Mich. 9; Common Council v. Assessors, 91 Mich. 78; in re Canfield. 98 Mich. 644; Mich. State Bank v. Hastings, 1 Doug. 225; Willard v. Longstreet, 2 Dong. 172; Joy v. Thompson, 1 Doug. 373; Bronson v. Newberry, 2 Doug. 38; Rockwell v. Hubbell's Ad's, 2 Doug. 197; Turner v. City of
30
CONSTITUTION OF MICHIGAN.
ART. V.
Detroit, 104 Mich. 326; Mosher v. Bay Circuit Judge, 108 Mich. 504; in re Miller, 110 Mich. 676; Stevens v. Muskegon, 111 Mich. 72; Muirhead v. Sands, 111 Mich. 487.
Habeas corpus. SEC. 44. The privilege of the writ of habeas corpus remains and shall not be suspended by the legislature, except in case of rebellion or invasion the public safety require it. McBride v. Grand Rapids, 32 Mich. 360.
Bills appropri- SEC. 45. The assent of two-thirds of the members elected to each ating money. house of the legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.
McRae v. Commissioner, 89 Mich. 463; City of Lansing v. Board of State Auditors, 111 Mich. 328, 331; Allen v. Board of State Auditors, 81 N. W. R. 113.
Trial by jury. SEC. 46. The legislature may authorize a trial by a jury of a less number than twelve men.
McRae v. Railroad Co., 93 Mich. 399. (g) SEC. 47 .-
Westinghausen v. People, 44 Mich. 265; People v. Walling, 53 Mich. 267.
Style of laws.
SEC. 48. The style of the laws shall be, "The People of the State of Michigan enact."
People v. Dettenthaler, 118 Mich. 595.
County and township roads.
(h) SEC. 49. The legislature may provide for the laying out, con- struction, improvement and maintenance of highways, bridges and culverts by counties and townships, and may authorize counties to take charge and control of any highways within their limits for such purposes ; and may modify, change or abolish the powers and duties of township commissioners and overseers of highways. But the tax raised in any one year shall not exceed two dollars upon each thou- sand dollars valuation, according to the assessment roll of the county for the preceding year. The legislature may also prescribe the pow- ers and duties of boards of supervisors in relation to highways, bridges and culverts, and may provide for one or more county road commissioners, to be elected by the people, or appointed, with such powers and duties as may be prescribed by law.
Indebtedness.
No county shall incur any indebtedness for any purposes in excess of three per cent of the valuation, according to the last assessment roll, and no such indebtedness beyond one-half of one per cent of such valuation shall be incurred, unless authorized by a majority of the electors of said county voting thereon: Provided, That any county road system provided by law shall not go into operation in any county until the electors of said county, by a majority vote, have declared in favor of adopting the county road system.
ARTICLE V.
EXECUTIVE DEPARTMENT.
Governor. Lieutenant governor.
SECTION 1. The executive power is vested in a governor who shall hold his office for two years. A lieutenant governor shall be chosen for the same term.
(g) By amendment proposed by the legislature of 1875, joint resolu- tion No. 21, and approved by the people at the November election of 1876, section 47, article IV, was stricken out. It prohibited the license of the sale of intoxicating liquors.
(h) As amended by joint resolution No. 5, public acts of 1899, rati- fied April election, 1899.
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CONSTITUTION OF MICHIGAN.
ART. V.
Amber v. Auditor General, 38 Mich. 746; Southerland v. The Governor. 39 Mich. 320.
-
SEC. 2. No person shall be eligible to the office of governor or Eligibility. lieutenant governor, who has not been five years a citizen of the United States and a resident of this state two years next preceding his election; nor shall any person be eligible to either office who has not attained the age of thirty years.
SEC. 3. The governor and lieutenant governor shall be elected at How elected. the times and places of choosing the members of the legislature. The persons having the highest number of votes for governor or lieu- tenant governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for governor or lien- tenant governor, the legislature shall, by joint vote, choose one of such persons.
SEC. 4. The governor shall be commander-in-chief of the military Power of and naval forces, and may call ont such forces to execute the laws, to governor. suppress insurrections and to repel invasions.
SEC. 5. He shall transact all necessary business with officers of Executive government, and may require information in writing from the officers business. of the executive department upon any subject relating to the duties of their respective offices.
SEC. 6. He shall take care that the laws be faithfully executed. Execution of laws. Extra sessions.
SEC. 7. He may convene the legislature on extraordinary occasions.
SEC. 8. He shall give to the legislature, and at the close of his Messages. official term, to the next legislature, information by message of the condition of the state, and recommend such measures to them as he shall deem exped ent.
SEC. 9. He may convene the legislature at some other place When session when the seat of government becomes dangerous from disease or a held else-
where. common enemy.
SEC. 10. He shall issue writs of election to fill such vacancies as Writs of occur in the senate or house of representatives. election.
SEC. 11. He may grant reprieves, commutations and pardons after Reprieves convictions, for all offenses except treason and cases of impeach- and pardons. ment, upon such conditions, and with snch restrictions and limita- tions, as he may think proper, subject to regulations provided by law, relative to the manner of applying for pardons. Upon conviction for In case of treason, he may suspend the execution of the sentence until the case treason. shall be reported to the legislature at its next session, when the legis- lature shall either pardon or commute the sentence, direct the execu- tion of the sentence, or grant a further reprieve. He shall communi- cate to the legislature at each session information of each case of reprieve, commutation or pardon granted, and the reasons therefor.
People v. Moore, 62 Mich. 496; People v. Cummings, 88 Mich. 249; Rich v. Chamberlain, 104 Mich. 436.
SEC. 12. In case of the impeachment of the governor, his removal In case of from office, death, inability, resignation, or absence from the state vacancy, the powers and duties of the office shall devolve upon the lieutenant absence, etc. governor, for the residue of the term, or until the disability ceases. When the governor shall be out of the state in time of war, at the head of a military force thereof, he shall continue commander-in- chief of all the military force of the state.
SEC. 13. During a vacancy in the office of governor, if the lieuten- Who to act as ant governor die, resign, or be impeached, displaced, be incapable of governor. performing the duties of his office. or absent from the state, the pres-
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CONSTITUTION OF MICHIGAN.
ART. VI ..
ident pro tempore of the senate shall act as governor until the vacancy be filled or the disability cease.
President of senate.
SEC. 14. The lieutenant governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate all questions; and when there is an equal division, he shall give the casting vote.
Ineligibility of certain persons.
SEC. 15. No member of congress, nor any person holding office under the United States, or this state, shall execute the office of governor.
Ineligibility to office.
Att'y Gen'l v. Detroit Common Council, 112 Mich. 147, 151, 168. SEC. 16. No person elected governor or lieutenant governor shall be eligible to any office or appointment from the legislature, or either house thereof, during the time for which he was elected. All votes for either of them for any such office shall be void.
Att'y Gen'l v. Detroit Common Council, 112 Mich. 151.
Compensation. SEC. 17. The lieutenant governor and president of the senate pro tempore, when performing the duties of governor, shall receive the same compensation as the governor.
Great seal.
SEC. 18. All official acts of the governor, his approval of the laws. excepted, shall be authenticated by the great seal of the state, which shall be kept by the secretary of state.
Attorney General v. Jochimn, 99 Mich. 358.
Commissions, how issued.
SEC. 19. All commissions issued to persons holding office under the provisions of this constitution shall be in the name and by the author -- ity of the people of the State of Michigan, sealed with the great seal of the state, signed by the governor, and countersigned by the secre- tary of state.
ARTICLE VI.
JUDICIAL DEPARTMENT.
Judicial power.
SECTION 1. The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace. Muni- cipal courts of civil and criminal jurisdiction may be established by the legislature in cities.
People v. Auditor General, 5 Mich. 193; Chandler v. Nash, 5 Mich. 409; Daniels v. People, 6 Mich. 381; Streeter v. Paton, 7 Mich. 341; Underwood v. McDuffee, 15 Mich. 361; Boyce v. Good- win, 22 Mich. 320; Rowe v. Rowe, 28 Mich. 353; Southerland v. The Governor, 29 Mich. 499; Jones v. Judge, etc., 35 Mich. 494; Covell v. Treasurer Kent County, 36 Mich. 322; Heath v. Judge, 37 Mich. 372; Allen v. Judge, etc., 37 Mich. 474; G. R. N. & L. S. R. Co. v .. Gray, 38 Mich. 461; Burger's case, 39 Mich. 203; Shurbun v. Hooper, 40 Mich. 503; Douvielle v. Manistee Sup., 40 Mich. 585; People v. Hurst, 41 Mich. 328; Allor v. Auditors Wayne Co., 43. Mich. 76; Elliott v. Farwell, 44 Mich. 186; People v. Gallagher. 75 Mich. 512; Perrott v. Pierce, 75 Mich. 578; People v. Cummings, 88 Mich. 249; Bissell v. Heath, 98 Mich. 472.
Supreme court.
(j) SEC. 2. For the term of six years and thereafter, until the legislature otherwise provide, the judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decis- ion. After six years the legislature may provide by law for the organ- ization of a supreme court, with the jurisdiction and powers pre- scribed in this constitution to consist of one chief justice and three
(j) Act No. 6, public acts of 1887, provides that there shall be five- justices of the supreme court and that the term of office of each shall be ten years.
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CONSTITUTION OF MICHIGAN.
ART. VI.
associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or discontin- ued by the legislature for eight years thereafter. The judges thereof Classification, shall be so classified that but one of them shall go out of office at the and term of same time. The term of office shall be eight years. office. 4
People v. Auditor General, 5 Mich. 193.
SEC. 3. The supreme court shall have a general superintending Powers of. control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, precedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only.
Teller v. Wetherell, 6 Mich. 46; People v. Jackson, 8 Mich. 78; Sanger v. Truesdail, 8 Mich. 543; Farrell v. Taylor, 12 Mich. 113; People v. Mahaney, 13 Mich. 481; Jones v. Smith, 14 Mich. 334; Demaray v. Little, 17 Mich. 386; Hick's case, 20 Mich. 129; Specht v. Detroit, 20 Mich. 168; McBride v. Grand Rapids, 32 Mich. 360; Wyandotte R. M. Co. v. Robinson, 34 Mich. 428; King v. Carpen- ter, 37 Mich. 363; Tawas R. R. v. Iosco Judge, 44 Mich. 479; Peo- ple v. Swift, 59 Mich. 540; Auditor General v. Supervisors, 89 Mich. 552; Giddings v. Blacker, 93 Mich. 1; Bank of Michigan v. Niles, Walk. Ch. 398.
SEC. 4. Four terms of the supreme court shall be held annually at Terms. such times and places as may be designated by law.
SEC. 5. The supreme court shall, by general rules, establish, mod- Rules, etc. ify, and amend the practice in such court and in the circuit courts, and simplify the same. The legislature shall, as far as practicable, Master in abolish distinctions between law and equity proceedings. The office chancery of master in chancery is prohibited.
Ismond v. Scougale, 119 Mich. 501; State Tax Law Cases, 54 Mich. 372; Brown v. Circuit Judge, 75 Mich. 289; Lee v. Circuit Judge, 101 Mich. 406.
prohibited.
(k) SEC. 6. The state shall be divided into judicial circuits, in each Judicial of which the electors thereof shall elect one circuit judge, who shall circuits. hold his office for a term of six years, and until his successor is elected and qualified. The legislature may provide for the election of more than one circuit judge in the judicial circuit in which the city of Detroit is or may be situated, and in the judicial circuit in which the county of Saginaw is or may be situated, and in the ju- dicial circuit in which the county of Kent is or may be situated and in the judicial circuit in which the county of St. Clair is or may be situated. And the circuit judge or judges of such circuits, in addi- tion to the salary provided by the constitution, shall receive from their respective counties such additional salary as may from time to time be fixed and determined by the board of supervisors of said county. And the board of supervisors of each county in the upper peninsula is hereby authorized and empowered to give and pay to the circuit judge of the judicial circuit to which said county is attached, such additional salary or compensation as may from time to time be fixed and determined by such board of supervisors.
This section as amended shall take effect from the time of its adoption.
G. R. N. & L. S. R. R. Co. v. Gray, 38 Mich. 461; Attorney General v. Burch, 84 Mich. 408; Attorney General v. Detroit Common Council, 112 Mich. 150.
(k) As amended by joint resolution No. 3, public acts, 1899; ratified April election, 1899.
5
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CONSTITUTION OF MICHIGAN.
ART. VI.
Alteration of circuits, etc.
SEC. 7. The legislature may alter the limits of circuits or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established the judge shall be elected by the electors of such cir- cuit and his term of office shall continue, as provided in this con- stitution for judges of the circuit court.
Royce v. Goodwin, 22 Mich. 496.
Jurisdiction.
(m) SEC. 8. The circuit court shall have original jurisdiction in all matters civil and criminal not excepted in this constitution, and not prohibited by law, and appellate jurisdiction from all inferior courts and tribunals and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them general control over inferior courts and tribunals within their respective jurisdictions, and in all such other cases and matters as the supreme court shall by rule prescribe.
Strong v. Daniels, 3 Mich. 466; Teller v. Wetherell, 6 Mich. 46; Raymond v. Hinkson, 15 Mich. 143; Inkster v. Carver, 16 Mich. 484; Merrill v. Butler, 18 Mich. 294; Dinhen v. Baxter, 18 Mich. 457; Thompson v. School District, 25 Mich. 483; Taylor v. Judge, 32 Mich. 95; McBride v. C. C. of Grand Rapids, 32 Mich. 360; Heath v. Kent Circuit Judge, 37 Mich. 372; Allen v. Id., 37 Mich. 474; Eddy v. Township of Lee, 37 Mich. 128; People v. Hurst, 41 Mich. 238; Atkins v. Borstler, 46 Mich. 553; Milroy v. Spur Mt. I. M. Co., 48 Mich. 231; People v. Mangold, 71 Mich. 335; People v. Dane, 79 Mich. 361; Morton v. Railroad Company, 81 Mich. 437; Sullivan v. Haug, 82 Mich. 548; Wood v. Adsit, 105 Mich. 378; in re Chadwick, 109 Mich. 597.
Salaries of judges.
SEC. 9. Each of the judges of the circuit courts shall receive a salary, payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such judge for any office other than judicial, given either by the legislature or the people, shall be void.
Reporter. Decisions.
SEC. 10. The supreme court may appoint a reporter of its decisions. The decisions of the supreme court shall be in writing and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing under his signature. All such opinions shall be filed in the office of the clerk of the supreme court. The judges of the circuit court within their respective juris- dictions may fill vacancies in the office of county clerk and of prose- cuting attorney; but no judge of the supreme court or circuit court shall exercise any other power or appointment to public office.
May fill certain vacancies.
Matter of Head Notes, 43 Mich. 642.
Terms of court.
SEC. 11. A circuit court shall be held at least twice in each year in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law.
Judges may hold court for each other.
Royce v. Goodwin, 22 Mich. 496; Toll v. Jerome, 101 Mich. 468; Donovan v. Bromley, 113 Mich. 55.
Clerk of cir- cuit courts.
(n) SEC. 12. The clerk of each county organized for judicial pur- poses shall be the clerk of the circuit court of such county. The
(m) As amended by joint resolution No. 12, public acts, 1893; ratified April election, 1893. 1 (n) As amended by joint resolution No. 5, public acts 1881, p. 408; ratified April election, 1881.
Writs.
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CONSTITUTION OF MICHIGAN.
ART. VI.
supreme court shall have power to appoint a clerk for such supreme court.
SEC. 13. In each of the counties organized for judicial purposes Courts of there shall be a court of probate. The judge of such court shall be probate. elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall be Jurisdiction. prescribed by law.
Royce v. Goodwin, 22 Mich. 496.
SEC. 14. When a vacancy occurs in the office of judge of the Vacancies, supreme, circuit or probate court, it shall be filled by appointment how filled. of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the resi- due of the unexpired term.
People v. Lord, 9 Mich. 227; Kelley v. Edwards, 38 Mich. 210; Attorney General v. Burch, 84 Mich. 408; Adsit v. Osmon, 84 Mich. 420; Attorney General v. Trombley, 89 Mich. 50.
SEC. 15. The supreme court, the circuit court and probate courts Courts of of each county shall be courts of record, and shall each have a com- record. mon seal.
SEC. 16. The legislature may provide by law for the election of one Circuit or more persons in each organized county, who may be vested with court com- judicial powers not exceeding those of a judge of the circuit court missioners. at chambers.
Chandler v. Nash, 5 Mich. 409; People v. Daniels, 6 Mich. 381; Streeter v. Paton, 7 Mich. 341; Edgarton v. Hinchman, 7 Mich. 352; Waldby v. Callendar, 8 Mich. 430; Case v. Dean, 16 Mich. 12; Boinay v. Coats, 17 Mich. 411; Mcclintock v. Laing, 19 Mich. 300; Rowe v. Rowe, 28 Mich. 353; Buddington's case, 29 Mich. 472; DeMyer v. McGonegal, 32 Mich. 120; Burger's case, 39 Mich. 203; Watson v. Randall, 44 Mich. 514; Mulhern v. Grove, 111 Mich. 535.
SEC. 17. There shall be not exceeding four justices of the peace in Justices of the each organized township. They shall be elected by the electors of the peace, how townships, and shall hold their offices for four years, and until their elected. successors are elected and qualified. At the first election in any Classifica- township they shall be classified as shall be prescribed by law. A tion of. justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. The legislature may increase the number of Justices in justices in cities. cities.
Thompson School District, 25 Mich. 483; Brooks v. Hydorn, 76 Mich. 273; Hulbert v. Henry, 105 Mich. 212; Engel v. Donovan, 106 Mich. 654; Messenger v. Teagan, 106 Mich. 656; Gratopp v. Van Epps, 113 Mich. 591.
SEC. 18. In civil cases, justices of the peace shall have exclusive Civil juris- jurisdiction to the amount of one hundred dollars, and concurrent diction of jurisdiction to the amount of three hundred dollars, which may be justices. increased to five hundred dollars, with such exceptions and restric- tions as may be provided by law. They shall also have such criminal Criminal jurisdiction and perform such duties as shall be prescribed by the jurisdiction. legislaturc.
Root v. Mayor, 3 Mich. 433; Strong v. Daniels, 3 Mich. 466; Gurney v. Mayor, 11 Mich. 202; Raymond v. Hinkson, 15 Mich. 113; Inkster v. Carver, 16 Mich. 484; Merrill v. Butler, 18 Miclı. 294; Dinnen v. Baxter, 18 Mich. 457; Goodsell v. Leonard, 23 Mich. 374; Henderson v. Desborough, 28 Mich. 170; Allor v. Wayne County Anditors, 43 Mich. 100; Milroy v. Spur Mt. I. M. Co., 43 Mich. 231; Messenger v. Teagan, 106 Mich. 656; O'Connell
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CONSTITUTION OF MICHIGAN.
ART. VI.
v. Menominee Bay Shore Lumber Co., 113 Mich. 124; Sterling v. Regents of University, 110 Mich. 383; Sunderlin v. Board of Sup'rs of Ionia Co., 119 Mich. 535.
Conservators
of the peace.
SEC. 19. Judges of the supreme court, circuit judges and justices of the peace shall be conservators of the peace within their respective jurisdictions.
Daniels v. People, 6 Mich. 381; Allor v. Wayne County Audit- ors, 43 Mich. 100; Averill v. Perrott, 74 Mich. 296.
Election of SEC. 20. The first election of judges of circuit courts shall be held circuit judges. on the first Monday in April, one thousand eight hundred and fifty- one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judge at the regular elections herein provided.
Attorney General v. Burch, 84 Mich. 408.
Election of judges of probate.
SEC. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and fifty-two, and every fourth year there- after.
People v. Palmer, 91 Mich. 283.
What deemed vacancy.
SEC. 22. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the bounda- ries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices.
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