USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 4
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SEC. 16. The legislature may provide by law for the payment of postage on all mailable matter received by its members and officers during the ses- sions of the legislature, but not on any sent or mailed by them.
(a) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.
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SEC. 17. The president of the senate and the speaker of the house of rep- resentatives shall be entitled to the same per diem compensation and mileage as members of the legislature, and no more.
SEC. 18. No person elected a member of the legislature shall receive any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, from the legislature, or any other state authority, during the term for which he is elected. All such appoint- ments and all votes given for any person so elected for any such office or appointment shall be void. No member of the legislature shall be interested, directly or indirectly, in any contract with the state or any county thereof, authorized by any law passed during the time for which he is elected, nor for one year thereafter.
SEC. 19. Every bill and joint resolution shall be read three times in each house before the final passage thereof. No bill or joint resolution shall become a law without the concurrence of a majority of all the members elected to each house. On the final passage of all bills the vote shall be by ayes and nays and entered on the journal.
SEC. 20. No law shall embrace more than one object, which shall be expressed in its title. No public act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, unless the legislature shall otherwise direct, by a two-thirds vote of the members elected to each house.
SEC. 21. The legislature shall not grant nor authorize extra compensation to any public officer, agent or contractor, after the service has been ren- dered or the contract entered into.
SEC. 22. The legislature shall provide by law that the furnishing of fuel and stationery for the use of the state, the printing and binding the laws and journals, all blanks, paper and printing for the executive departments and all other printing ordered by the legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The legislature shall prescribe by law the manner in which the state printing shall be executed, and the accounts ren- dered therefor; and shall prohibit all charges for constructive labor. They shall not rescind nor alter such contract, nor release the person or persons taking the same, or his or their sureties, from the performance of any of the conditions of the contract. No member of the legislature nor officer of the state shall be interested directly or indirectly in any such contract.
SEC. 23. The legislature shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person; nor vacate nor alter any road laid out by commissioners of highways or any street in any city or village, or in any recorded town plat.
SEC. 24. The legislature may authorize the employment of a chaplain for the state prison; but no money shall be appropriated for the payment of any religious services in either house of the legislature.
SEC. 25. No law shall be revised, altered or amended by reference to its title only ; but the act revised and the section or sections of the act altered or amended shall be re-enacted and published at length.
SEC. 26. Divorces shall not be granted by the legislature.
SEC. 27. The legislature shall not authorize any lottery nor permit the sale of lottery tickets.
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(a) SEC. 28. No new bill shall be introduced into either house of the legis- lature after the first fifty days of a session shall have expired.
SEC. 29. In case of a contested election, the person only shall receive from the state per diem compensation and mileage who is declared to be entitled to a seat by the house in which the contest takes place.
SEC. 30. No collector, holder nor disburser of public moneys shall have a seat in the legislature, or be eligible to any office of trust or profit under this state, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.
SEC. 31. The legislature shall not audit nor allow any private claim or account.
SEC. 32. The legislature, on the day of final adjournment, shall adjourn at twelve o'clock at noon.
(b) SEC. 33. The legislature shall meet at the seat of government on the first Wednesday in January, in the year one thousand eight hundred and sixty- one, and on the first Wednesday of January in every second year thereafter, and at no other place or time unless as provided in the constitution of the state, and shall adjourn without day at such time as the legislature shall fix by concurrent resolution.
SEC. 34. The election of senators and representatives, pursuant to the . provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, in the year one thousand eight hundred and fifty- two, and on the Tuesday succeeding the first Monday of November of every . second year thereafter.
SEC. 35. The legislature shall not establish a state paper. Every news- paper in the state which shall publish all the general laws of any session within forty days of their passage shall be entitled to receive a sum not exceeding fifteen dollars therefor.
SEC. 36. The legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.
SEC. 37 .. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution.
SEC. 38. The legislature may confer upon organized townships, incorporated cities and villages, and upon the board of supervisors of the several counties, such powers of a local, legislative and administrative character as they may deem. proper.
SEC. 39. The legislature shall pass no law to prevent any person from worshipping Almighty God according to the dictates of his own 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 minis- ter of the gospel or teacher of religion.
SEC. 40. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary, nor shall property belonging to the state be appropriated for any such purposes.
(a) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.
(b) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified . election of 1860.
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SEC. 41. The legislature shall not diminish or enlarge the civil or political rights, privileges and capacities of any person on account of his opinion or belief concerning matters of religion.
SEC. 42. No law shall ever be passed to restrain or abridge the liberty of speech or of the press; but every person may freely speak, write and pub- lish his sentiments on all subjects, being responsible for the abuse of such right.
SEC. 43. The legislature shall pass no bill of attainder, ex post facto law, or law impairing the obligation of contracts.
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.
SEC. 45. The assent of two-thirds of the members elected to each house of the legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.
SEC. 46. The legislature may authorize a trial by a jury of a less number than twelve men.
(a) SEC. 47 .-
SEC. 48. The style of the laws shall be, "The People of the State of Michigan enact."
(b) SEC. 49. The legislature may provide for the laying out, construction, 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 thousand dollars valuation, according to the assessment roll of the county for the preceding year. The legislature may also prescribe the powers 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.
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.
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.
(a) By amendment proposed by the legislature of 1875, joint resolution 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 intox- icating liquors.
(b) As amended by joint resolution No. 5, public acts of 1899, ratified April election, 1899.
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SEC. 2. No person shall be eligible to the office of governor or 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 the times and places of choosing the members of the legislature. The persons having the highest number of votes for governor or lieutenant governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for governor or lieutenant governor, the legislature shall, by joint vote, choose one of such persons.
SEC. 4. The governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, to suppress insur- rections and to repel invasions.
SEC. 5. He shall transact all necessary business with officers of govern- ment, and may require information in writing from the officers of the execu- tive department upon any subject relating to the duties of their respective offices.
SEC. 6. He shall take care that the laws be faithfully executed.
SEC. 7. He may convene the legislature on extraordinary occasions.
SEC. 8. He shall give to the legislature, and at the close of his 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 expedient.
SEC. 9. He may convene the legislature at some other place when the seat of government becomes dangerous from disease or a common enemy.
SEC. 10. He shall issue writs of election to fill such vacancies as occur in the senate or house of representatives.
SEC. 11. He may grant reprieves, commutations and pardons after convic- tions, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to regulations provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature at each session information of each case of reprieve, commutation or pardon granted, and the reasons therefor.
SEC. 12. In case of the impeachment of the governor, his removal from office, death, inability, resignation, or absence from the state the powers and duties of the office shall devolve upon the lieutenant 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 lieutenant gov- ernor die, resign, or be impeached, displaced, be incapable of performing the duties of his office, or absent from the state, the president pro tempore of the senate shall act as governor until the vacancy be filled or the disability cease.
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. 5
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SEC. 15. No member of congress, nor any person holding office under the United States, or this state, shall execute the office of governor.
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.
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.
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.
SEC. 19. All commissions issued to persons holding office under the provis- ions of this constitution shall be in the name and by the authority of the people of the State of Michigan, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.
ARTICLE VI.
JUDICIAL DEPARTMENT.
SECTION 1. The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities.
(a) 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 decision. After six years the legislature may provide by law for the organization of a supreme court, with the juris- diction and powers prescribed in this constitution to consist of one chief justice and three associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or dis- continued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. The term of office shall be eight years.
SEC. 3. The supreme court shall have a general superintending 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.
SEC. 4. Four terms of the supreme court shall be held annually at such times and places as may be designated by law.
SEC. 5. The supreme court shall, by general rules, establish, modify, and amend the practice in such court and in the circuit courts, and simplify the same. The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.
(a) 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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(a) SEC. 6. The state shall be divided into judicial circuits, in each of which the electors thereof shall elect one circuit judge, who shall 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 judicial 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 addition 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.
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 circuit and his term of office shall continue, as provided in this constitution for judges of the circuit court.
(b) 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.
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 judi- cial, given either by the legislature or the people, shall be void.
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 jurisdictions may fill vacancies in the office of county clerk and of prosecuting attorney ; but no judge of the supreme court or circuit court shall exercise any other power or appointment to public office.
(a) As amended by joint resolution No. 3, public acts, 1899; ratified April election, 1899.
(b) As amended by joint resolution No. 12, public acts, 1893; ratified April election, 1893.
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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 coun- ties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law.
(a) SEC. 12. The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county. The supreme court shall have power to appoint a clerk for such supreme court.
SEC. 13. In each of the counties organized for judicial purposes there shall be a court of probate. The judge of such court shall be 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 courts shall be prescribed by law.
SEC. 14. When a vacancy occurs in the office of judge of the supreme, circuit or probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term.
SEC. 15. The supreme court, the circuit court and probate courts of each county shall be courts of record, and shall each have a common seal.
SEC. 16. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers not exceeding those of a judge of the circuit court at chambers.
SEC. 17. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years and until their successors are elected and qualified. At the first election in any township they shall be classified as shall be prescribed by law. A 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 cities.
SEC. 18. In civil cases, justices of the peace shall have exclusive jurisdic- tion to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction and perform such duties as shall be prescribed by the legislature.
SEC. 19. Judges of the supreme court, circuit judges and justices of the peace shall be conservators of the peace within their respective jurisdiction.
SEC. 20. The first election of judges of circuit courts shall be held 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.
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 hun- dred and fifty-two, and every fourth year thereafter.
SEC. 22. Whenever a judge shall remove beyond the limits of the jurisdic- tion for which he was elected, or a justice of the peace from the township
(a) As amended by joint resolution No. 5, public acts 1881, p. 408; ratified April election, 1881.
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in which he was elected, or by a change in the boundaries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices.
SEC. 23. The legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law.
SEC. 24. Any suitor in any court of this state shall have the right to pros- ecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice.
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 for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and facts.
SEC. 26. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant 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.
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.
SEC. 28. In every criminal prosecution the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have com- pulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.
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