USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 7
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Pingree v. Board of Education, 99 Mich. 404.
SEC. 6. For reasonable cause, which shall not be sufficient ground Removal of for the impeachment of a judge, the governor shall renove him on a judge. concurrent resolution of two-thirds of the members elected to each house of the legislature; but the cause for which such removal is re- quired shall be stated at length in such resolution.
SEC. 7. The legislature shall provide by law for the removal of any Removal of officer elected by a county, township or school district, in such manner certain offi- and for such cause as to them shall seem just and proper. cers.
People v. Lord, 9 Mich. 227; Clay v. Stuart, 74 Mich. 411; Attor- ney General ex rel. Mooreland v. Common Council of City of Detroit, 112 Mich. 170; Brandau v. Maybury, 115 Mich. 643.
(r) SEC. 8. The governor shall have power and it shall be his duty, Removal of except at such time as the legislature may be in session, to examine state officers. into the condition and administration of any public office and the acts of any public officer, elective or appointed, to remove from office for gross neglect of duty or for corrupt conduct in office, or any other inisfeasance or malfeasance therein, either of the following state offi- cers, to wit: The attorney general, state treasurer, commissioner of the land office, secretary of state, auditor general, superintendent of public instruction or members of the state board of education, or any other officer of the state except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their re- spective unexpired term of office, and report the causes of such re- moval to the legislature at its next session.
(r) As amended by joint resolution No. 15, laws of 1861, p. 588; rati- fied election of 1862.
44
CONSTITUTION OF MICHIGAN.
ART. XIII.
Dullam v. Wilson, 53 Mich. 393; Fuller v. Attorney General, 98 Mich. 96; Attorney General v. Jochim, 99 Mich. 358.
ARTICLE XIII.
EDUCATION.
Education.
SECTION 1. The superintendent of public instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law.
School fund.
SEC. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educa- tional purposes, and the proceeds of all lands or other property given by individuals or appropriated by the state for like purposes, shall be and remain a perpetual fund, the interest and income of which, to- gether with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.
People v. Auditor General, 12 Mich. 171; Jones v. Commis- sioner, 21 Mich. 236; Crane v. Reeder, 22 Mich. 322; Sterling v. Regents of University, 110 Mich. 378.
Escheats.
SEC. 3. All lands the titles to which shall fail from a defect of heirs, shall escheat to the state, and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools.
Crane v. Reeder, 22 Mich. 322.
Free schools. SEC. 4. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition at least three months in each year in every school district in the state, Instruction to and all instruction in said school shall be conducted in the English language.
be in English language.
Perrizo v. Kesler, 93 Mich. 280; Keweenaw Association V. School District, 98 Mich. 437.
Time school must be maintained.
SEC. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to main- tain such school shall be deprived, for the ensuing year, of its propor- tion of the income of the primary school fund and of all funds arising from taxes for the support of schools.
Election of regents of university.
(s) SEC. 6. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a justice of the supreme court, eight regents of the university, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a justice of the supreme court thereafter there shall be elected two regents whose term of office shall be eight years. When a. vacancy shall occur in the office of regent, it shall be filled by appoint- ment of the governor. The regents thus elected shall constitute the board of regents of the university of Michigan.
Board of regents.
Sterling v. Regents of University, 110 Mich. 369.
To be a body corporate. Name.
SEC. 7. The regents of the university and their successors in office shall continue to constitute the body corporate, known by the name and title of "The Regents of the University of Michigan."
(s) As amended by joint resolution No. 17, laws of 1861, p. 589; rati- fied election of 1862.
45
CONSTITUTION OF MICHIGAN.
ART. XIII.
Regents v. Board of Education, 4 Mich. 213; Regents v. Detroit Y. M. Society, 12 Mich. 138; Sterling v. Regents of University, 110 Mich. 369.
SEC. 8. The regents of the university shall, at their first annual President of meeting, or as soon thereafter as may be, elect a president of the university. university, who shall be exofficio a member of their board, with the privilege of speaking but not of voting. He shall preside at the meetings of the regents and be the principal executive officer of the university. The board of regents shall have the general supervision Supervision of of the university, and the direction and control of all expenditures university. from the university interest fund.
People v. Regents, 4 Mich. 98; People v. Auditor General, 17 Mich. 161; People v. Regents, 18 Mich. 469; People v. Regents, 30 Mich. 473; University v. Rose, 45 Mich. 284; Sterling v. Regents of University, 110 Mich. 369.
SEC. 9. There shall be elected at the general election in the year one Board of thousand eight hundred and fifty-two three members of a state board education. of education: one for two years, one for four years, and one for six years; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex-officio a member Superintend- ent of public and secretary of such board. The board shall have the general super- instruction to vision of the state normal school, and their duties shall be prescribed be member. by law.
SEC. 10. Institutions for the benefit of those inhabitants who are Asylums. deaf, dumb, blind, or insane shall always be fostered and supported. Van Dusen v. Newcomer; 40 Mich. 90.
SEC. 11. The legislature shall encourage the promotion of intellec- Agricultural tual, scientific and agricultural improvements; and shall, as soon as school. practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty-two sections of salt spring Appropriation lands now unappropriated, or the money arising from the sale of the of land for. same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose for the support and maintenance of such school, and may make the same a May be made branch of
branch of the university, for instruction in agriculture and the nat- ural sciences connected therewith, and place the same under the supervision of the regents of the university.
(t) SEC. 12. The legislature shall also provide for the establish- Town ment of at least one library in each township and city, and all fines assessed and collected in the several counties and townships for any breach of the penal laws shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township or the board of education of any city: Provided, That in no case shall such fines be used for other than library or school purposes.
libraries.
university.
People v. Jackson, 8 Mich. 110; People v. Treasurer Wayne Co., 8 Mich. 392; Attorney General v. St. Clair, 11 Mich. 63; Wayne Co. v. Detroit, 17 Mich. 390; People v. Controller of Detroit, 18 Mich. 445; Mixer v. Sup. of Manistee, 26 Mich. 422; Youngblood v. Sexton, 32 Mich. 406; Fennell v. C. C. Bay City, 36 Mich. 186; Belles v. Burr, 76 Mich. 1.
(t) As amended by joint resolution No. 25, public acts 1879, p. 312; ratified April election, 1881.
,
46
CONSTITUTION OF MICHIGAN.
ART. XIV.
ARTICLE XIV. FINANCE AND TAXATION.
Specific taxes. SECTION 1. All specific state taxes, except those received from the mining companies of the upper peninsula, shall be applied in paying interest upon the primary school, university and other educational funds and the interest and principal of the state debt in the order herein recited, until the extinguishment of the state debt, other than the amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school interest fund. Tax for state expenses. The legislature shall provide for an annual tax, sufficient with other resources, to pay the estimated expenses of the state government, the interest of the state debt. and such deficiency as may occur in the resources.
Walcott v. People, 17 Mich. 68; People v. Salem, 20 Mich. 452; Youngblood v. Sexton, 32 Mich. 406; Auditor General v. State Treasurer, 45 Mich. 161; Lake Superior Ship Canal, etc., v. Au- ditor General, 79 Mich. 351; Longyear v. Buck, 83 Mich. 236; Chambe v. Durfee, 100 Mich. 112; Hammond v. Muskegon School Board, 109 Mich. 678; University Regents v. Auditor General, 109 Mich. 135.
Sinking fund.
SEC. 2. The legislature shall provide by law a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hun- dred and fifty-two, with compound interest at the rate of six per cent. per annum and an annual increase of at least five per cent. to be ap- plied solely to the payment and extinguishment of the principal of the state debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. The unfunded debt shall not be funded or redeemed at a value exceeding that estab- lished by law in one thousand eight hundred and forty-eight.
Auditor General v. State Treas., 45 Mich. 161.
State may contract debts.
SEC. 3. The state may contract debts to meet deficits in revenue. Such debts shall not in the aggregate at any one time exceed fifty thousand dollars. The moneys so raised shall be applied to the pur- poses for which they were obtained, or to the payment of debts so contracted.
To repel invasions.
SEC. 4. The state may contract debts to repel invasion, suppress in- surrection, or defend the state in time of war. The money arising from the contracting of such debts shall be applied to the purposes for which it was raised, or to repay such debts.
Money, how paid out.
SEC. 5. No money shall be paid out of the treasury except in pur- suance of appropriations made by law.
State credit.
SEC. 6. The credit of the state shall not be granted to, or in aid of, any person, association or corporation.
People v. Salem, 20 Mich. 452; Bay City v. State Treasurer, 23 Mich. 499; Thomas v. Port Huron, 27 Mich. 320.
Issue of scrip. SEC. 7. No scrip, certificate, or other evidence of state indebted- ness shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this constitu- tion.
State not to own stock.
SEC. 8. The state shall not subscribe to, or be interested in, the stock of any company, association or corporation.
People v. Salem, 20 Mich. 452; · Bay City v. State Treasurer, 23 Mich. 499.
Works of internal improvement.
(u) SEC. 9. The state shall not be a party to, or interested in, any work or internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the state of land or other
(u) As amended by joint resolution No. 9, public acts 1893; ratified April election, 1893.
47
CONSTITUTION OF MICHIGAN.
ART. XIV.
property : Provided, however, That the legislature of the state, by appropriate legislation, may authorize the city of Grand Rapids to issue its bonds for the improvement of the navigation of Grand river.
Ryerson v. Utley, 16 Mich. 269; People v. Salem, 20 Mich. 452; Bay City v. Treasurer, 23 Mich. 499; Hubbard v. Springwells, 25 Mich. 153; Thomas v. Port Huron, 27 Mich. 320; Attorney Gen- eral v. L. S. S. C. Co., 32 Mich. 233; Benjamin v. Manistee R. I. Co., 42 Mich. 628; Rogers v. Port Huron & L. M. R. R., 45 Mich. 463; Manistee River Imp. Co. v. Sands, 53 Mich. 594; Anderson v. Hill, 54 Mich. 487; Sparrow v. Comr. Land Office, 56 Mich, 571; Wilcox v. Paddock, 65 Mich. 23; Sanilac County v. Auditor Gen- eral, 68 Mich. 659; Gillett v. Mclaughlin, 69 Mich. 547; Street Railway Co. v. City of Detroit, 110 Mich. 389; Brady v. Hayward, 114 Mich. 326; Attorney General v. Pingree et al., 120 Mich. 550; Gibson v. Comr. of State Land office, 121 Mich. 49.
(v) SEC. 10. The state may continue to collect all specific taxes ac- To collect cruing to the treasury under existing laws. The legislature may pro- specific tax. vide for the collection of specific taxes from corporations. The legis- lature may provide for the assessment of the property of corporations, at its true cash value by a state board of assessors and for the levying and collection of taxes thereon. All taxes hereafter levied on the property of such classes of corporations as are paying specific taxes under laws in force on November sixth, A. D. nineteen hundred, shall be applied as provided for specific state taxes in section one of this article.
Wolcott v. People, 17 Mich. 68; Kitson v. Mayor Ann Arbor, 26 Mich. 325; Youngblood v. Sexton, 32 Mich. 406; Jackson Mining Co. v. Auditor General, 32 Mich. 488; First National Bank v. St. Joseph, 46 Mich. 530.
(v) SEC. 11. The legislature shall provide a uniform rule of taxation, Uniform rate except on property paying specific taxes, and taxes shall be levied on of taxation. such property as shall be prescribed by law: 'Provided, that the leg- islature shall provide an uniform rule of taxation for such property as shall be assessed by a state board of assessors, and the rate of taxation on such property shall be the rate which the state board of assessors shall ascertain and determine is the average rate levied upon other property upon which ad valorem taxes are assessed for state, county, township, school and municipal purposes.
Williams v. Mayor, 2 Mich. 560; People v. Auditor General, 7 Mich. 84; Woodbridge v. Detroit, 3 Mich. 275; Walcott v. People, 17 Mich. 68; Motz v. Detroit, 18 Mich. 495; Hoyt v. East Saginaw, 19 Mich. 39; Kitson v. Mayor Ann Arbor, 26 Mich. 325; Power's Appeal, 29 Mich. 504; Warren v. Grand Haven, 30 Mich. 24; Youngblood v. Sexton, 32 Mich. 406; Jones v. Commissioners, 34 Mich. 273; Thomas v. Gain, 35 Michi. 155; Albany and B. Mining Co. v. Auditor General, 37 Mich. 391; Reithmiller v. People, 44 Mich. 280; Sheley v. Detroit, 45 Miclı. 431; Van Horn v. People, 46 Mich. 183; Chaffee's Appeal, 56 Miclı. 253; Fargo v. Auditor Gen- eral, 57 Mich. 606; Wilcox v. Paddock, 65 Mich. 23; Supervisors of Chippewa Co. v. Auditor General, 65 Mich. 408; City of Detroit v. Daly, 68 Mich. 503; Davenport v. Auditor General, 70 Mich. 192; Attorney General v. Supervisors, 71 Mich. 16; Wilcox v. Eagle, 81 Mich. 271; Common Council v. Assessors, 91 Mich. 78; Manistee Lumber Co. v. Township, 92 Mich. 277: Standard Life and Accident Ins. Co. v. Assessors, 95 Mich. 466.
(v) As amended by joint resolution No. 1, extra session of 1900; ratified November election, 1900.
48
CONSTITUTION OF MICHIGAN.
ART. XV.
Assessments.
SEC. 12. All assessments hereafter authorized shall be on property at its cash value.
Williams v. Mayor, 2 Mich. 560; Woodbridge v. Detroit, 8 Mich. 274; Walcott v. People, 17 Mich. 68: Motz v. Detroit, 18 Mich. 495; Hoyt v. E. Saginaw, 19 Mich. 39; Kitson v. Mayor Ann Arbor, 26 Miclı. 325; Powers' Appeal, 29 Mich. 504; Warren v. Grand Ha- ven, 30 Mich. 24; Jones v. Commissioners, 34 Mich. 273; Thomas v. Gain, 35 Mich. 155; A. & B. Mining Co. v. Auditor General, 37 Mich. 391; Avery & Eddy v. East Saginaw, 44 Mich. 587; Sheley v. Detroit, 45 Mich. 431; Attorney General v. Supervisors (Taxa- tion of mortgages), 71 Mich. 16; Common Council v. Assessors, 91 Mich. 78; Standard Life and Accident Ins. Co. v. Assessors, 95 Mich. 466.
Equalization.
(w) SEC. 13. In the year one thousand nine hundred and one, and every fifth year thereafter, and at such other times as the legislature may direct, the legislature shall provide for an equalization of assess- ments by a state board, on all taxable property, except that taxed under laws passed pursuant to section 10 of this article.
Laws impos- ing taxes.
Sec. 14. Every law which imposes, continues or revives a tax shall distinctly state the tax, and the objects to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.
People v. Mahaney, 13 Mich. 481; Walcott v. People, 17 Mich. 68; Westinghausen v. People, 44 Mich. 265; Trowbridge v. De- troit, 99 Mich. 443; Chambe v. Durfee, 100 Mich. 112.
ARTICLE XV. CORPORATIONS.
How cor- porations formed.
(x) SECTION 1. Corporations may be formed under general laws but shall not be created by special act except for municipal purposes. All laws passed pursuant to this section may be amended, altered or re- pealed. But the legislature may, by a vote of two-thirds of the mem- bers elected to each house, create a single bank with branches.
Legislature may create single bank.
People v. J. & M. P. R. Co., 9 Mich. 285; Joy v. J. & M. P. R. Co., 11 Mich. 155: East Saginaw Manufacturing Co. v. East Sagi- naw, 19 Mich. 294; G. R. N. & L. S. R. R. Co. v. G. R. & I. R. R. Co., 35 Mich. 269; Nelson v. McArthur, 38 Mich. 204; Doyle v. Misner, 42 Mich. 332; Mok v. Detroit B. & S. Association, 30 Mich. 511; Detroit St. R. v. Guthard, 51 Mich. 180; Mason v. Perkins, 73 Mich. 303; Isle Royal, etc., Cor. v. Osmun, 76 Mich. 162; Kent Co. Ag. So. v. Houseman, 81 Mich. 609; Bissell v. Heath, 98 Mich. 472; Stimson v. Muskegon Booming Co., 100 Mich. 347; Woodmere Cemetery v. Roulo, 104 Mich. 596. Attor- ney General v. Looker, 111 Mich. 501; Smith v. L. S. & M. S. Ry. Co., 114 Mich. 460; Pingree v. Mich. Cen. Ry. Co., 118 Mich. 314.
Banking law to be voted on.
(y) SEC. 2. No general banking law shall have effect until the same shall, after its passage, be submitted to a vote of the electors of the state at a general election and be approved by a majority of the votes cast thereon at such election.
Bissell v. Heath, 98 Mich. 472.
(w) As amended by joint resolution No. 1, extra session 1900; rati- fied November election 1900.
(x) As amended by joint resolution No. 17, laws of 1861, p. 589; rati- fied election 1862.
(y) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified election 1862.
UNIVERSITY OF MICHIGAN, ANN ARBOR. University Hall.
49
CONSTITUTION OF MICHIGAN.
ART. XV.
(x) SEC. 3. The officers and stockholders of every corporation or Liability of association for banking purposes, issuing bank notes or paper credits stockholders. to circulate as money, shall be individually liable for all debts con- tracted during the term of their being officers or stockholders of such corporation or association, equally and ratably to the extent of their respective shares of stock in any such corporation or association.
Foster v. Broas et al., 79 N. W. R. 697.
(y) SEC. 4 .. For all banks organized under general laws, the legis- Registry of lature shall provide for the registry of all bills or notes issued or put bills or notes. in circulation as money. and shall require security to the full amount Security of notes and bills so registered, in state or United States stocks hear- required. ing interest, which shall be deposited with the state treasurer for the redemption of such bills or notes in specie.
SEC. 5. In case of the insolvency of any bank or banking associa- Bill-holders tion, the bill-holders thereof shall be entitled to preference in pay- entitled to ment over all other creditors of such bank or association. preference.
SEC. 6. The legislature shall pass no law authorizing or sanctioning Suspension of the suspension of specie payments by any person, association or cor- specie pay- ments.
poration.
SEC. 7. The stockholders of all corporations and joint stock associa- Liability. tions shall be individually liable for all labor performed for such cor- poration or association.
Hanson v. Donkersley, 37 Mich. 184; Brockway v. Innes, 39 Mich. 47; Peck v. Miller, 38 Mich. 594; Arno v. Wayne Judge, 42 Mich. 362; Milroy v. Spurr I. T. Co., 43 Mich. 231; Taylor v. Main- waring, 48 Mich. 171; Connors v. Carp River Iron Co., 54 Mich. 171.
SEC. 8. The legislature shall pass no law altering or amending any Amending act of incorporation heretofore granted, without the assent of two- acts of in- thirds of the members elected to each house; nor shall any such act be renewed or extended. This restriction shall not apply to munici- pal corporations.
Joy v. J. & M. P. R. Co., 11 Mich. 155; Attorney General v. Joy, 55 Mich. 94; Wilder v. Chicago & W. M. R. R., 70 Mich. 382; Mason v. Perkins, 73 Mich. 320; Village of Highland Park v. Detroit and Birmingham Plank Road Co., 95 Mich. 489; Plank Road v. Eldredge. 109 Mich. 376.
corporation.
SEC. 9. The property of no person shall be taken by any corporation Property, for public use, without compensation being first inade or secured, in how taken. such manner as may be prescribed by law.
Woodbridge v. Detroit, 8 Mich. 274; G. B. Booming Co. v. Jar- vis, 30 Mich. 308; Vanderlip v. Grand Rapids, 73 Mich. 532; Truax v. Sterling, 74 Mich. 160; Board of Healthi v. Van Hoesen, 87 Mich. 533; Grand Rapids v. Powers, 89 Mich. 94; Fuller v. City of Detroit, 97 Mich. 597; People v. Eaton, 100 Mich. 208; City of Grand Rapids v. Burlingame, 102 Mich. 321; Detroit & Birming- ham Plank Road Co. v. Railway Co. 103 Mich. 585; Brady v. Hay- ward, 114 Mich. 326.
(2) SEC. 10. No corporation except for municipal purposes or for Terms of the construction of railroads, plank roads and canals, shall be created corporations. for a longer time than thirty years; but the legislature may provide
(¿) As amended by joint resolution No. 11, laws of 1859, p. 1100; ratified election 1860.
(!) As amended by joint resolution No. 17, laws of 1861; p. 589: ratified election 1862.
(2) As amended by joint resolution No. 3, publie acts 1889; ratified April election, 1889.
7
50
CONSTITUTION OF MICHIGAN.
ART. XV.
by general laws, applicable to any corporations, for one or more exten- sions of the term of such corporations while such term is running, not exceeding thirty years for each extension, on the consent of not less than a two-thirds majority of the capital of the corporation; and by like general laws for the corporate reorganization for a further pe- riod, not exceeding thirty years, of such corporations whose terms have expired by limitation, on the consent of not less than four-fifths of the capital: Provided, That in cases of corporations where there is no capital stock, the legislature may provide the manner in which such corporations may be reorganized.
Mok v. Detroit B. & S. Association, 30 Mich. 511; Mason v. Perkins, 73 Mich. 303; Kent Co. Ag. v. Houseman, 81 Mich. 609; Ovid Elevator Co. v. Secretary of State, 90 Mich. 466; Canal Street Gravel Road Co. v. Paas, 95 Mich. 373.
Construction of term "cor- poration."
SEC. 11. The term "corporations," as used in the preceding sections of this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corpora- tions, not possessed by individuals or partnerships. All corporations shall have the right to sue and be subject to be sued in all courts in like cases as natural persons.
Right to sue and be sued.
Root v. Mayor, 3 Mich. 433; People v. J. & M. P. R. Co., 9 Mich. 285; Joy v. J. & M. P. R. Co., 11 Mich. 155; Gurney v. Mayor, 11 Mich. 202; Seneca Mining Co. v. Sec. of State, 82 Mich. 573; Jones v. Wisner, 105 Mich. 664; Staver & Abbott Manfg. Co. v. Blake, 111 Mich. 228.
Limitation of time for holding real estate.
SEC. 12. No corporation shall hold any real estate, hereafter ac- quired, for a longer period than ten years, except such real estate as shall be actually occupied by such corporation in the exercise of its franchises.
Cities and villages.
SEC. 13. The legislature shall provide for the incorporation and or- ganization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.
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