USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 6
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Berry v. Geddes, 3 Mich. 70; Royce v. Goodwin, 22 Mich. 496; Faulks v. People, 39 Mich. 200.
Courts of conciliation.
SEC. 23. The legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law.
Chandler v. Nash, 5 Mich. 409.
Suitors may appear by attorney or in person.
SEC. 24. Any suitor in any court of this State shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice.
Cobb v. Judge of the Superior Court, 43 Mich. 289.
Libels, truth may be given evidence.
SEC. 25. In all prosecutions for libels the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and Right of jury. for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and facts.
Maclean v. Scripps, 52 Mich. 221; Park v. Free Press Co., 72 Mich. 560; Thibault v. Sessions, 101 Mich. 279.
Security of person and property from searches.
SEC. 26. The person, houses, papers and possessions of every per- son shall be secure from unreasonable searches and seizures. No war- rant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation.
Search warrants.
Brown v. Kelley, 20 Mich. 27; People v. Lynch, 29 Mich. 274; Weimer v. Bunbury, 30 Mich. 201; Hackett v. Judge, 36 Mich. 334; Allor v. Wayne County Auditors, 43 Mich. 76; DeLong v. Briggs, 47 Mich. 624; People v. Moore, 62 Mich. 496; Robinson v. Haug and Miner, 68 Mich. 549; Robinson v. Haug, 71 Mich. 38 (saloon screens); Grand Rapids v. Powers, 89 Mich. 94; Burroughs v. Eastman, 101 Mich. 419; Newberry v. Carpenter, 107 Mich. 574; Anti-Kalsomine Co. v. Adsit, 120 Mich. 250; People v. Henwood, 82 N. W. R. 70.
Right of trial by jury.
SEC. 27. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be prescribed by law.
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CONSTITUTION OF MICHIGAN.
ART. VI.
O'Flynn v. Holmes, 8 Mich. 95; People v. Smith, 9 Mich. 193; Tabor v. Cook, 15 Mich. 322; Hill v. People, 16 Mich. 351; Van Sickle v. Kellogg, 19 Mich. 49; McGraw v. Sturgeon, 29 Mich. 426; Ward v. People, 30 Mich. 116; Paul v. Detroit, 32 Mich. 108; Odell ยท v. Reynolds, 40 Mich. 21; Mabley v. Judge, etc., 31 Mich. 31; Stewart v. Kimball, 43 Mich. 448; People v. Harding, 53 Mich. 48 and 481; State Tax Law Cases, 54 Mich. 372; Pt. Huron & N. W. R. R. v. Callahan, 61 Mich. 14; Hewett v. Circuit Judge, 71 Mich. 287; People v. Peterson, 93 Mich. 27; McRae v. Railroad Co., 93 Mich. 399; Ball v. Ridge Copper Co. 118 Mich. 7.
SEC. 28. In every criminal prosecution the accused shall have the Accused to right to a speedy and public trial by an impartial jury, which may con- have speedy sist of less than twelve men in all courts not of record; to be in- trial. formed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.
Slaughter v. People, 2 Doug. 334; Hibbard v. People, 4 Mich. 125; Parsons v. Russell, 11 Mich. 113; Holt v. People, 13 Mich. 224; Hill v. People, 16 Mich. 351; Johnson v. Maxon, 23 Mich. 129; People v. Jones, 24 Mich. 215; Brown v. People, 29 Mich. 232; People v. Olinstead, 30 Mich. 431; Stevens v. People, 38 Mich. 739; People v. Sligh, 48 Mich. 55; Thomas Fowler's case, 49 Mich. 235; People v. Murray, 52 Mich. 295; People v. Luby, 56 Mich. 551; People v. Barker, 60 Mich. 277; People v. Shufelt, 61 Mich. 237; People v. Moore, 52 Mich. 496; People v. Dow, 64 Mich. 717; People v. Murray, 89 Mich. 276; People v. Peterson, 93 Mich. 27; McRae v. Railroad Co., 93 Mich. 399; Village of Vicksburg v. Briggs, 102 Mich. 552; People v. Repke, 103 Mich. 467; in re Chad- wick, 109 Mich. 598; People v. Butler, 111 Mich. 485; People v. Yaeger, 113 Mich. 229; People v. Lane, 82 N. W. R. 896.
SEC. 29. No person after acquittal upon the merits shall be tried No trial for the same offense. All persons shall, before conviction, be bail- after acquit- able by sufficient sureties, except for murder and treason when the tal upon 'merits.
proof is evident or the presumption great.
People v. Harding, 53 Mich. 484; Northville v. Westfall, 75 Mich. 603; People v. Parrow, 80 Mich. 567; People v. Burwell, 106 Mich. 31; People v. Ochotski, 115 Mich. 601.
SEC. 30. Treason against the state shall consist only in levying war Treason. against or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of Conviction of. two witnesses to the same overt act, or on confession in open court.
SEC. 31. Excessive bail shall not be required, excessive fines sliall Bail, fines not be imposed; cruel or unusual punishment shall not be inflicted, and punish- nor shall witnesses be unreasonably detained. ment.
People v. Moore, 62 Mich. 486; Frazee's case, 63 Mich. 396; Robinson v. Haug and Miner, 68 Mich. 549; Leeton v. Circuit Judge, 69 Mich. 610; People v. Morris, 80 Mich. 634; People v. Smith, 94 Mich. 644; People v. Whitney, 105 Mich. 622; People v. Yell, 107 Mich. 229; Dummer v. Nungesser, 107 Mieli. 488.
SEC. 32. No person shall be compelled in any criminal case to be Testimony a witness against himself, nor be deprived of life, liberty or prop- of person erty, without due process of law. against
himself.
Hibbard v. People, 4 Mich. 125; Brooks v. McIntyre, 4 Michi. 316; Sears v. Cottrell, 5 Mich. 251; Parsons v. Russell, 11 Mich. 113; Ames v. P. H. L. D. & Co., 11 Mich. 139; Groesbeck v. Seeley, 13 Mich. 329; Lang v. People, 14 Mich. 439; Case v. Dean, 16 Mich. 12; Hart v. Henderson, 17 Mich. 218; People v. Salem, 20 Mich. 452; Trombley v. Hunphrey, 23 Mich. 471; Peo- ple v. Lyneli, 29 Mich. 274; Power's appeal, 29 Mich. 510; Wei-
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CONSTITUTION OF MICHIGAN.
ART. VII.
mer v. Bunbury, 30 Mich. 201; Quinn v. Heisel, 40 Mich. 576; Way's case, 41 Mich. 299; Allor v. Wayne County Auditors, 43 Mich. 76; Detroit v. D. & H. P. R. Co., 43 Mich. 143; Frank Cannon's case, 47 Mich. 482; People v. Moore, 62 Mich. 496; Hartford Insurance Co. v. Raymond, 70 Mich. 485; Kuhn v. Common Council, 70 Mich. 534; Whitney v. Township Board, 71 Mich. 234; Spry Lumber Co. v. Trust Co, 77 Mich. 199; People v. Bellett, 99 Mich. 151; Rouse Hazard & Co. v. Circuit Judge, 104 Mich. 234; People v. Henwood, 82 N. W. R. 70.
Imprison- ment for debt.
SEC. 33. No person shall be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers, or in any professional employment. No person shall be imprisoned for a militia fine in time of peace.
Militia fines.
Chappee v. Thomas, 5 Mich. 53; Bromley v. People, 7 Mich. 472; Fuller v. Bowker, 11 Mich. 202; People v. McAllister, 19 Mich. 215; Sheahan's case, 25 Mich. 145; Steller v. Steller, 25 Mich. 159; Stephenson's case, 32 Mich. 60; Tyson's case, 32 Mich. 262; Dummer v. Nungesser, 107 Mich. 486; Muirhead v. Sands, 111 Mich. 491.
Competency of witnesses.
SEC. 34. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.
People v. Jenness, 5 Mich. 305.
Style of process.
SEC. 35. The style of all process shall be, "In the name of the people of the State of Michigan."
Tweed v. Metcalf, 4 Mich. 579; Wisner v. Davenport, 5 Mich. 501; Forbes v. Darling, 94 Mich. 621; Attorney General v. Jochim, 99 Mich. 358; Wolpert v. Newcomb, 106 Mich. 361; Penfold v. Slyfield, 110 Mich. 343.
ARTICLE VII.
ELECTIONS.
Qualification of electors.
Proviso.
(0) SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States, every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five, every male inhabitant residing in this state on the first day of January, eighteen hundred fifty, every male inhab- itant of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hun- dred ninety-four, and having declared his intention to become a cit- izen of the United States two years and six months prior to said last named day, and every civilized male inhabitant of Indian de- scent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months, and in the township or ward in which he offers to vote twenty days next preceding such election: Provided, That in time of war, insurrection or rebellion, no qualified elector in the actual military service of the United States, or of this state, or in the army or navy thereof, shall be deprived of his vote by reason of his ab- sence from the township, ward or state in which he resides, and the legislature shall have the power, and shall provide the manner in which, and the time and place at which such absent electors may
(0) As amended by joint resolution No. 20, public acts 1893; rati- fied November election, 1894.
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CONSTITUTION OF MICHIGAN.
ART. VIII.
vote, and for the canvass and return of their votes to the township or ward election district in which they respectively reside or other- wise.
People v. Blodget, 13 Mich. 127; People v. Maynard, 15 Mich. 463; Hedgman v. Board of Registration, 26 Mich. 51; Allor v. Wayne County Auditors, 43 Mich. 102; Attorney General v. Detroit Common Council, 58 Mich. 222; Common Council v. Rush, 82 Mich. 532; Coffin v. Election Commissioners, 97 Mich. 188.
SEC. 2. All votes shall be given by ballot, except for such town- Votes to be ship officers as may be authorized by law to be otherwise chosen. by ballot.
People v. Cicott, 16 Mich. 283; People v. Hurlbut, 24 Mich. 44; Common Council v. Rush, 82 Mich. 532.
SEC. 3. Every elector, in all cases, except treason, felony or breach Privilege of the peace, shall be privileged from arrest during his attendance at from arrest. election, and in going to and returning from the same.
SEC. 4. No elector shall be obliged to do militia duty on the day of From mili- election, except in time of war or public danger, or attend court as a tary duty. suitor or witness.
(p) SEC. 5. No elector shall be deemed to have gained or lost a Residence of residence by reason of his being employed in the service of the electors. United States or of this state; nor while engaged in the navigation of the waters of this state or of the United States; or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison, except that honorably discharged soldiers, sailors and marines who have served in the military or naval forces of the United States or of this state, and who reside in soldiers' homes established by this state, may acquire a residence where such home is located.
Warren v. Board of Registration, 72 Mich. 401; Wolcott v. Holcomb, 97 Mich. 361.
SEC. 6. Laws may be passed to preserve the purity of elections and Purity of guard against abuses of the elective franchise.
elections.
People v. Kopplekom, 16 Mich. 342; Attorney General v. De- troit, 78 Mich. 545; Common Council v. Rush, 82 Mich. 532; Attor- ney General v. May, 99 Mich. 538; Todd v. Election Commission- ers, 101 Mich. 477.
SEC. 7. No soldier, seaman or marine, in the army or navy of the Soldiers, United States, shall be deemed a resident of this state in consequence seamen and of being stationed in any military or naval place within the same. residents. Warren v. Board of Registration, 72 Mich. 401.
marines not
SEC. 8. Any inhabitant who may hereafter be engaged in a duel, Disqualifi- either as principal or accessory before the fact, shall be disqualified cation for from holding any office under the constitution and laws of this state, dueling. and shall not be permitted to vote at any election.
ARTICLE VIII. STATE OFFICERS.
SECTION 1. There shall be elected at each general biennial election Elective state a secretary of state, a superintendent of public instruction, a state officers. treasurer, a commissioner of the land office, an auditor general, and an attorney general for the term of two years. They shall keep their Where to keep their offices.
(p) As amended by joint resolution No. 21, public acts 1893; ratified November election, 1894.
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CONSTITUTION OF MICHIGAN.
ART. X.
offices at the seat of government and shall performn such duties as may be prescribed by law.
Ballou v. O'Brien, 20 Mieli. 304.
Term of office.
SEC. 2. Their term of office shall commence on the first day of Jan- uary, one thousand eight hundred and fifty-three, and of every second year thereafter.
Vacancy, how filled.
SEC. 3. Whenever a vacancy shall occur in any of the state offices, the governor shall fill the same by appointment, by and with the advice and consent of the senate if in session.
Board of SEC. 4. The secretary of state, state treasurer, and commissioner of state auditors. the state land office shall constitute a board of state auditors to exam- ine and adjust all claims against the state, not otherwise provided for To be state canvassers. by general law. They shall constitute a board of state canvassers, to determine the result of all elections for governor, lieutenant govern- or and state officers, and of such other officers as shall by law be referred to them.
People v. Cicott, 16 Mich. 283; Royce v. Goodwin, 22 Mich. 496; Dewey v. Board of Auditors, 32 Mich. 191; Auditor General v. Pullman P. C. Co., 34 Mich. 59; Ambler v. Auditor General, 38 Mich. 746; Ayers v. State Auditors, 42 Mich. 422; Locke v. Speed, 62 Mich. 408; Auditor General v. Treasurer, 73 Mich. 31; Smith v. Auditor General, 80 Mich. 205; Auditor General v. Circuit Judge, 101 Mich. 212; Allen v. Board of State Auditors, 81 N. W. R. 113.
In case of a SEC. 5. In case two or more persons have an equal and the highest tie, legislature number of votes for any office, as canvassed by the board of state can- to make choice. vassers, the legislature in joint convention shall choose one of said persons to fill such office. When the determination of the board of state canvassers is contested, the legislature in joint convention shall decide which person is elected.
People v. Cicott, 16 Mich. 301.
ARTICLE IX. SALARIES.
Salaries.
(q) SECTION 1. The governor shall receive an annual salary of four thousand dollars; the judges of the circuit court shall each receive an annual salary of two thousand five hundred dollars; the state treasurer shall receive an annual salary of one thousand dollars; the superintendent of public instruction shall receive an annual salary of one thousand dollars; the secretary of state shall receive an annual salary of eight hundred dollars; the commissioner of the land office shall receive an annual salary of eight hundred dollars; the attorney general sliall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever for the performance of any duties connected with their offices. It shall not be competent for the legislature to increase the salaries herein provided.
Wyandotte v. Drennan, 46 Mich. 480.
ARTICLE X. COUNTIES.
Counties to be bodies corporate.
SECTION 1. Each organized county shall be a body corporate, with such powers and immunities as shall be established by law. All suits and proceedings by or against a county shall be in the name thereof.
People v. Collins, 3 Mich. 415; People v. Carleton, 10 Mich. 250; Attorney General v. Supervisors, 11 Mich. 63; People v. May-
(g) As amended by joint resolution No. 2, public acts 1889; ratified April election, 1889.
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CONSTITUTION OF MICHIGAN.
ART. X.
nard, 15 Mich. 463; Johr v. Supervisors, 38 Mich. 532; Attorney General v. Marr, 55 Mich. 446; Sterling v. Regents of University, 110 Mich. 383.
SEC. 2. No organized county shall ever be reduced by the organiza- Number of tion of new counties to less than sixteen townships as surveyed by townships in the United States, unless in pursuance of law a majority of electors county. residing in each county to be affected thereby shall so decide. The When city legislature may organize any city into a separate county, when it has may be made attained a population of twenty thousand inhabitants, without refer- a county. ence to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization.
Rice v. Ruddiman, 10 Mich. 125; Carleton v. People, 10 Mich. 250; Bay County v. Bullock, 51 Mich. 545.
SEC. 3. In each organized county there shall be a sheriff, a county County clerk, a county treasurer, a register of deeds and a prosecuting attor- officers. ney, chosen by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same.
People v. May, 3 Mich. 598; People v. Maynard, 15 Mich. 463; Keeler v. Robertson, 27 Mich. 116; Sterling v. Regents of Uni- versity, 110 Mich. 383; Attorney General v. Abbott, 121 Mich. 540.
SEC. 4. The sheriff, county clerk, county treasurer, judge of pro- What offices
at county bate and register of deeds shall hold their offices at the county seat. seat.
Rice v. Shay, 43 Mich. 380.
SEC. 5. The sheriff shall hold no other office, and shall be incapable Sheriff to of holding the office of sheriff longer than four in any period of six hold no other years. He may be required by law to renew his security from time to office. time, and in default of giving such security, his office shall be deemed To give vacant. The county shall never be responsible for his acts. security.
Dunphy v. People, 25 Mich. 10; People v. Gosch, 82 Mich. 22. County not
responsible.
SEC. 6. A board of supervisors, consisting of one from each organ- Board of ized township, shall be established in each county, with such powers supervisors. as shall be prescribed by law.
Attorney General v. Preston, 56 Mich. 180; Bolt v. Riordan, 73 Mich. 508; Sterling v. Regents of University, 110 Mich. 383; Wayne County Supervisors v. Circuit Judge, 111 Mich. 35.
SEC. 7. Cities shall have such representation in the board of super- Cities to be visors of the counties in which they are situated as the legislature represented on board.
may direct.
Attorney General v. Preston, 56 Mich. 181; Bolt v. Riordan, 73 Mich. 508; Attorney General v. Cogshall, 107 Mich. 188.
SEC. 8. No county seat once established shall be removed until the County place to which it is proposed to be removed shall be designated by seats, how two-thirds of the board of supervisors of the county, and a majority of removed. the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law.
Attorney General v. Supervisors, 11 Mich. 63; People v. County Officers, 15 Mich. 85; Attorney General v. Supervisors, 33 Mich. 289; Pack v. Presque Isle, 36 Mich. 377; Rice v. Shay, 43 Mich. 380; Bagot v. Antrim Supervisors, 43 Mich. 577; Attorney Gen- eral v. County Canvassers Iron County, 64 Mich. 607.
SEC. 9. The board of supervisors of any county may borrow or raise Money for by tax one thousand dollars for constructing or repairing publie highways, buildings, highways or bridges; but no greater sum shall be borrowed 6
public building or bridges.
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CONSTITUTION OF MICHIGAN.
ART. XI.
or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such county voting thereon.
Attorney General v. Supervisors of Bay, 34 Mich. 46; Callam v. Saginaw, 50 Mich. 12; Fulton Iron Works v. Kimbal, 52 Mich. 150; Attorney General v. Board of Auditors, 73 Mich. 53; Davies v. Supervisors, 89 Mich. 295; Boyce v. Auditor General, 90 Mich. 317; Wayne County Supervisors v. Circuit Judge, 111 Mich. 35; Board of Auditors of Wayne County v. Carpenter, 114 Mich. 44; Town- ship of Ada et al. v. Grove, 114 Mich. 77; Peninsular Sav. Bank v. Ward et al., 118 Mich. 87, 93.
Claims against counties.
SEC. 10. The board of supervisors, or, in the county of Wayne, the board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against, their respective counties, and the sum so fixed or defined shall be subject to no appeal.
People v. Sup. Macomb, 3 Mich. 475; People v. Auditors of Wayne County, 10 Mich. 307; People v. Wright, 18 Mich. 351; Kennedy v. Gies, 25 Mich. 83; Mixer v. Sup. Manistee, 26 Mich. 422; Videto v. Sup. Jackson County, 31 Mich. 116; Barry County v. Manistee County, 33 Mich. 497; Clark v. Sup. Ingham, 38 Mich. 658; McMahon v. Aud. Wayne County, 41 Mich. 223; Endriss v. County of Chippewa, 43 Mich. 317; Whallon v. Ingham Circuit Judge, 51 Mich. 508; Cicott v. County of Wayne, 59 Mich. 509; Attorney General v. Board of Auditors, 73 Mich. 53; People v. Hanifan, 99 Mich. 516; Auditor General v. Board of Supervisors Bay County, 106 Mich. 679; Board of Auditors of Wayne County v. Reynolds, 121 Mich. 99.
Laying out highways.
SEC. 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organizing townships, under such restrictions and limitations as shall be pre- scribed by law.
People v. Kimball, 4 Mich. 95; People v. Highway Commis- sioner of Nankin, 15 Mich. 347; Attorney General v. Bay County, 34 Mich. 46; Pearsall v. Supervisors, 71 Mich. 444; Davies v. Sup- ervisors, 89 Mich. 295; Township of Ada et al. v. Grove, 114 Mich. 77; Peninsular Savings Bank v. Ward et al., 118 Mich. 87, 93.
ARTICLE XI. TOWNSHIPS.
Township officers.
SECTION 1. There shall be elected annually, on the first Monday of - April, in each organized township, one supervisor, one township clerk, who shall be ex officio school inspector, one commissioner of high- ways. one township treasurer, one school inspector, not exceeding four constables, and one overseer of highways for each highway dis- trict, whose powers and duties shall be prescribed by law.
People v. Maynard, 15 Mich. 463; People v. Ryan, 19 Mich. 203; Hubbard v. Springwells, 25 Mich. 156; Allor v. Wayne Co. Auditors, 43 Mich. 102; Attorney General v. Preston, 56 Mich. 178; Donough v. Dewey, 82 Mich. 309; Davies v. Supervisors, 89 Mich. 295; Pingree v. Board of Education, 99 Mich. 404; White v. Board of Supervisors, 105 Mich. 608; Sterling v. Regents of University, 110 Mich. 383, 389; Board of State Tax Com. v. Board of Assessors of Grand Rapids, 83 N. W. R. 209.
Townships to be bodies corporate.
SEC. 2. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township shall be in the name thereof.
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CONSTITUTION OF MICHIGAN.
ART. XII.
People v. Collins, 3 Mich. 415; People v. Maynard, 15 Mich. 463; People v. Ryan, 19 Mich. 203; Scrafford v. Sup. Gladwin, 41 Mich. 647.
ARTICLE XII. IMPEACHMENTS AND REMOVALS FROM OFFICE.
SECTION 1. The house of representatives shall have the sole power Impeach- of impeaching civil officers for corrupt conduct in office, or for ments. crimes or misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment.
Attorney General v. Jochim, 99 Mich. 358.
SEC. 2. Every impeachment shall be tried by the senate. When the How tried. governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. When an impeachment is directed, the senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall Conviction be convicted without the concurrence of two-thirds of the members and judg- elected. Judgment in case of impeachment shall not extend further ment. than removal from office, but the party convicted shall be liable to punishment according to law.
SEC. 3. When an impeachment is directed, the house of representa- Who to tives shall elect from their own body three members, whose duty it prosecute. shall be to prosecute such impeachment. No impeachment sliall be When to be tried until the final adjournment of the legislature, when the senate tried. shall proceed to try the same.
SEC. 4. No judicial officer shall exercise his office after an impeach- In case of ment is directed until he is acquitted. judicial officer.
Pingree v. Board of Education, 99 Mich. 404.
SEC. 5. The governor may make a provisional appointment to fill a Vacancy by vacancy occasioned by the suspension of an officer, until he shall be suspension, acquitted or until after the election and qualification of a successor. how filled.
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