USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85
(c) SEC. 3. The officers and stockholders of every corporation or associa- tion for banking purposes, issuing bank notes or paper credits to circulate as money, shall be individually liable for all debts contracted 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.
(b) SEC. 4. For all banks organized under general laws, the legislature shall provide for the registry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes and bills so registered, in state or United States stocks bearing interest, which shall be
(a) As amended by joint resolution No. 1, extra session 1900; ratified Nov- ember election 1900.
(b) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified elec- tion 1862.
(c) As amended by joint resolution No. 11, laws of 1859, p. 1100; ratified election 1860.
46
MICHIGAN MANUAL
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 association, the bill-holders thereof shall be entitled to preference in payment over all other creditors of such bank or association.
SEC. 6. The legislature shall pass no law authorizing or sanctioning the suspension of specie payments by any person, association or corporation.
SEC. 7. The stockholders of all corporations and joint stock associations shall be individually liable for all labor performed for such corporation or association.
SEC. 8. The legislature shall pass no law altering or amending any act of incorporation heretofore granted, without the assent of two-thirds of the members elected to each house; nor shall any such act be renewed or extended. This restriction shall not apply to municipal corporations.
SEC. 9. The property of no person shall be taken by any corporation for . public use, without compensation being first made or secured, in such manner as may be prescribed by law.
(a) SEC. 10. No corporation except for municipal purposes or for the con- struction of railroads, plank roads and canals, shall be created for a longer time than thirty years; but the legislature may provide by general laws, ap- plicable to any corporations, for one or more extensions 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 re- organization for a further period, not exceeding thirty years, of such cor- porations 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.
SEC. 11. The term "corporations," as used in the preceding sections of this article, shall be construed to include all associations and joint stock com- panies having any of the powers or privileges of corporations, 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.
SEC. 12. No corporation shall hold any real estate, hereafter acquired, 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.
SEC. 13. The legislature shall provide for the incorporation and organiza- tion of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.
SEC. 14. Judicial officers of cities and villages shall be elected and all other officers shall be elected or appointed at such time and in such manner as the legislature may direct.
SEC. 15. Private property shall not be taken for public improvements in cities and villages without the consent of the owner, unless the compensa- tion therefor shall first be determined by a jury of freeholders and actually paid or secured in the manner provided by law.
(a) As amended by joint resolution No. 3, public acts 1889; ratified April election 1889.
47
CONSTITUTION OF THE STATE OF MICHIGAN
SEC. 16. Previous notice of any application for an alteration of the charter of any corporation shall be given in such manner as may be prescribed by law.
ARTICLE XVI.
EXEMPTIONS.
SECTION 1. The personal property of every resident of this state, to con- sist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars from sale on execution or other final process of any court, issued for the collection of any debt con- tracted after the adoption of this constitution.
SEC. 2. Every homestead of not exceeding forty acres of land, and the dwelling house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead there- of, at the option of the owner, any lot in any city, village, or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling house thereon, and its appurtenances, owned and occupied by any resident of the state, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution, or any other final process from a court, for any debt contracted after the adoption of this constitution. Such exemption shall not extend to any mortgage thereon, lawfully obtained; but such mort- gage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same.
SEC. 3. The homestead of a family after the death of the owner thereof, shall be exempt from the payment of his debts contracted after the adoption of this constitution, in all cases during the minority of his children.
SEC. 4. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profit thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.
_ SEC. 5. The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled, by gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engage- ments of her husband, and may be devised or bequeathed by her as if she were unmarried.
ARTICLE XVII.
MILITIA.
(a) SECTION 1. The militia shall be composed of all able bodied male citizens, between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or of this state; but all such citizens, of any religious denomination whatever, who, from scruples of con- science, may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.
(a) As amended by joint resolution No. 42, laws of 1869, p. 425; ratified election of 1870.
.
48
MICHIGAN MANUAL
SEC. 2. The legislature shall provide by law for organizing, equipping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States.
SEC. 3. Officers of the militia shall be elected or appointed and be com- missioned in such a manner as may be provided by law.
ARTICLE XVIII.
MISCELLANEOUS PROVISIONS.
SECTION 1. Members of the legislature, and all officers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the fol- lowing oath or affirmation: "I do solemnly swear (or affirm) that I will sup- port the constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test shall be required as a qualification for any office or public trust.
(a) SEC. 2. When private property is taken for the use or benefit of the public, the necessity for using such property and the just compensation to be made therefor, except when to be made by the state, shall be ascer- tained by a jury of twelve freeholders, residing in the vicinity of such prop- erty, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law : Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners of highways in the official discharge of their duty as highway commissioners.
SEC. 3. No mechanical trade shall hereafter be taught to convicts in the state prison of this state, except the manufacture of those articles of which the chief supply for home consumption is imported from other states or countries.
SEC. 4. No navigable stream in this state shall be either bridged or dammed without authority from the board of supervisors of the proper county under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams or preclude the state from the further improvement of the navigation of such streams.
SEC. 5. An accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with the laws at every reg- ular session of the legislature.
SEC. 6. The laws, public records, and the written judicial and legislative proceedings of the state shall be conducted, promulgated and preserved in the English language.
SEC. 7. Every person has a right to bear arms for the defense of himself and the state.
SEC. 8. The military shall in all cases, and at all times, be in strict subor- dination to the civil power.
SEC. 9. No soldier shall, in time of peace, be quartered in any house with- out the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
(a.) As amended by joint resolution No. 14, laws of 1859, p. 1102; ratified election of 1860.
49
CONSTITUTION OF THE STATE OF MICHIGAN
SEC. 10. The people have the right peaceably to assemble together to consult for the common good, to instruct their representatives, and to peti- tion the legislature for redress of grievances.
SEC. 11. Neither slavery nor involuntary servitude, unless for the punish- ment of crime, shall ever be tolerated in this state.
SEC. 12. No lease or grant hereafter of agricultural land for a longer period than twelve years, reserving any rent or service of any kind, shall be valid. SEC. 13. Aliens who are or who may hereafter become, bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoy- ment and inheritance of property, as native born citizens.
SEC. 14. The property of no person shall be taken for public use without just compensation therefor. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damages to be sustained by the opening thereof shall be first determined by a jury of free-holders; and such amount, together with the expenses of proceedings, shall be paid by the person or persons to be benefited.
SEC. 15. No general revision of the laws shall hereafter be made. When a reprint thereof becomes necessary, the legislature in joint convention shall appoint a suitable person to collect together such acts and parts of acts as are in force, and, without alteration, arrange them under appropriate heads and titles. The law so arranged shall be submitted to two commissioners appointed by the governor for examination, and if certified by them to be a correct compilation of all general laws in force, shall be printed in such manner as shall be prescribed by law.
ARTICLE XIX.
UPPER PENINSULA.
(a) SECTION 1. The counties of Mackinac, Chippewa, Delta, Marquette, Schoolcraft, Houghton, and Ontonagon, and the islands and territory there- unto attached, the islands of Lake Superior, Huron, and Michigan, and in Green Bay and the Straits of Mackinac and the River Ste. Marie, shall con- stitute a separate judicial district, and be entitled to a district judge and district attorney.
(b) SEC. 2. The district judge shall be elected by the electors of such district, and shall perform the same duties and possess the same powers as a circuit judge in his circuit, and shall hold his office for the same period.
(c) SEC. 3. The district attorney shall be elected every two years by the electors of the district, shall perform the duties of prosecuting attorney throughout the entire district, and may issue warrants for the arrest of offenders in cases of felony, to be proceeded with as shall be prescribed by law.
SEC. 4. Such judicial district shall be entitled at all times to at least one senator, and until entitled to more by its population, it shall have three members of the house of representatives, to be apportioned among the several counties by the legislature.
(a) See act 150, laws 1863, p. 281.
See a 150, laws 18 , p. 281. See Schedule, Sec. 26.
(c) See act 191, laws of 1865, p. 320.
7
50
MICHIGAN MANUAL
SEC. 5. The legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hundred dollars a year; and may allow extra compensation to the members of the legislature from such territory, not exceeding two dollars a day during any session.
(a) SEC. 6. That elections for all district or county officers, state sena- tors or representatives, within the boundaries defined in this article, shall take place on the Tuesday succeeding the first Monday of November in the respective years in which they may be required. The county canvass shall be held on the first Monday thereafter, and the district canvass on the third Monday of said November.
SEC. 7. One-half of the taxes received into the treasury from mining cor- porations in the upper peninsula, paying an annual state tax of one per cent. shall be paid to the treasurers of the counties from which it is received, to be applied for township and county purposes, as provided by law. The leg- islature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be refunded.
SEC. 8. The legislature may change the location of the state prison from Jackson to the upper peninsula.
SEC. 9. The charters of the several mining corporations may be modified by the legislature, in regard to the term limited for subscribing to stock, and in relation to the quantity of land which a corporation shall hold; but the capital shall not be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its cor- porate franchises.
(b) ARTICLE XIX-A.
RAILROADS.
SECTION 1. The legislature may, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on different railroads in this state, and shall prohibit running con- tracts between such railroad companies whereby discrimination is made in favor of either of such companies as against other companies owning con- necting or intersecting lines of railroad.
SEC. 2. No railroad corporation shall consolidate its stock, property, or franchises with any other railroad corporation owning a parallel or compet- ing line; and in no case shall any consolidation take place except upon public notice given of at least sixty days to all stockholders, in such a manner as shall be provided by law.
ARTICLE XX.
AMENDMENT AND REVISION OF THE CONSTITUTION.
(c) SECTION 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives. If the same shall be
(a) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified election of 1862.
(b) Submitted by joint resolution No. 1, laws of 1870, p. 13; ratified election of 1870.
(c) As amended by joint resolution No. 29, public acts 1875, p. 310; ratified election of 1876.
51
CONSTITUTION OF THE STATE OF MICHIGAN
agreed to by two-thirds of the members elected to each house, such amend- ment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at the next spring or autumn election thereafter, as the legislature shall direct; and if a majority of electors qualified to vote for members of the legislature voting thereon shall ratify and approve such amendment or amend- ments, the same shall become part of the constitution.
(a) SEC. 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in each sixteenth year thereafter, and also at such other times as the legislature may by law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature, and in case a majority of the electors so qualified, voting at such election shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for the election of such delegates to such convention. All the amend- ments shall take effect at the commencement of the year after their adoption.
SCHEDULE. 1
That no inconvenience may arise from the changes in the constitution of this state. and in order to carry the same into complete operation, it is hereby declared that
SECTION 1. The common law and the statute laws now in force, not repug- nant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the legislature.
SEC. 2. All writs, actions, causes of action, prosecutions and rights of indi- viduals, and of bodies corporate, and of the state, and all charters of incor- poration, shall continue, and all indictments which shall have been found or which may hereafter be found, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution.
SEC. 3. That all fines, penalties, forfeitures and escheats, accruing to the state of Michigan under the present constitution and laws, shall accrue to the use of the state under this constitution.
SEC. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the state of Michigan, to any state, county or township, or any public officer, or public body, or which may be entered into or executed, under existing laws, "to the people of the state of Michigan," to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions shall be tried, punished and prosecuted as though no change had taken place, until otherwise provided by law.
(a) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified elec- tion of 1862.
52
MICHIGAN MANUAL
SEC. 5. A governor and lieutenant governor shall be chosen under the existing constitution and laws to serve after the expiration of the term of the present incumbent.
SEC. 6. All officers, civil and military, now holding any office or appoint- ment, shall continue to hold their respective offices, unless removed by com- petent authority, until superseded under the laws now in force, or under this constitution.
SEC. 7. The members of the senate and house of representatives of the legislature of one thousand eight hundred and fifty-one shall continue in office under the provisions of law, until superseded by their successors, elected and qualified under this constitution.
SEC. 8. All county officers, unless removed by competent authority, shall continue to hold their respective offices until the first day of January, in the year one thousand eight hundred and fifty-three. The laws now in force as to the election, qualification and duties of township officers, shall continue in force until the legislature shall, in conformity to the provisions of this con- stitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers, respectively.
SEC. 9. On the first day of January, in the year one thousand eight hun- dred and fifty-two, the terms of office of the judges of the supreme court, under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire, on the said day.
SEC. 10. On the first day of January, in the year one thousand eight hun- dred and fifty-two, the jurisdiction of all suits and proceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceed- ings at law and equity then pending in the circuit courts and county courts for the several counties, shall become vested in the circuit courts of the said counties and district court for the upper peninsula.
SEC. 11. The probate courts, and courts of justices of the peace, and the police court, authorized by an act entitled "An act to establish a police court in the city of Detroit, approved April second, one thousand eight hun- dred and fifty," shall continue to exercise the jurisdiction and powers now conferred upon them, respectively, until otherwise provided by law.
SEC. 12. The office of state printer shall be vested in the present incum- bent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges and compensation shall remain unimpaired and inviolate until the expiration of his said term of office.
SEC. 13. It shall be the duty of the legislature at their first session, to adapt the present laws to the provisions of this constitution as far as may be.
SEC. 14. The attorney general of the state is required to prepare and report to the legislature at the commencement of the next session such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into effect its provisions, and he shall receive no additional compensation therefor.
53
CONSTITUTION OF THE STATE OF MICHIGAN
SEC. 15. Any territory attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation.
SEC. 16. This constitution shall be submitted to the people for their adop- tion or rejection at the general election to be held on the first Tuesday of November, one thousand eight hundred and fifty; and there shall also be submitted for adoption or rejection at the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the secre- tary of state and all other officers, required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of governor, that this constitution has been duly sub- mitted to the electors at said election. Every newspaper within this state publishing in the month of September next this constitution as submitted shall receive as compensation therefor, the sum of twenty-five dollars to be paid as the legislature shall direct.
SEC. 17. Any person entitled to vote for members of the legislature, by the constitution and laws now in force, shall at the said election be entitled to vote for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner pro- vided by law for the election of members of the legislature.
SEC. 18. At the said general election a ballot box shall be kept by the several boards of inspectors thereof for receiving the votes cast for or against the adoption of this constitution; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the Constitution-Yes," or "Adoption of the Constitution-No."
SEC. 19. The canvass of the votes cast for the adoption or rejection of this constitution, and the provision in relation to the elective franchise sep- arately submitted, and the returns thereof shall be made by the proper can- vassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at any election for governor, as near as may be, and the return thereof shall be directed to the secretary of state. On the sixteenth day of December next, or within five days thereafter, the auditor general, state treasurer, and secretary of state shall meet at the capitol, and proceed, in presence of the governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Constitution-Yes," this constitution shall be the supreme law of the state from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution-No," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed to open the state- ments of votes returned from the several counties for judges of the supreme court and state officers under the act entitled "An act to amend the revised statutes and to provide for the election of certain officers by the people in pursuance to an amendment of the constitution," approved February six- teenth, one thousand eight hundred and fifty, and shall ascertain, determine and certify the results of the election for said officers under said act, in the
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.