USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 65
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He signs all commissions, patents for State lands and appoints notaries pub- lic and commissioners in other states to take acknowledgments of deeds for this State.
He appoints all the principal officers of the State not elected by the people, and the members of State boards, by and with the advice and consent of the senate, when so prescribed by law.
He may fill vacancies in State offices in certain cases and remove public officers for cause, or upon proper investigation and proofs of misconduct or incompetency.
He may require information in writing from the officers of the executive departments on any subject relating to the duties of their respective offices.
He may grant reprieves, commutations and sentences, paroles or pardons.
He may demand fugitives from justice from the executive of any other state or territory, and may issue warrants upon the request of the Governors of other states or territories for fugitives who may be found within this State.
The Governor is ex-officio a member of the State board of corrections and charities, boards of control of the Industrial School for Boys, Industrial Home for Girls, State Prisons at Jackson, Ionia and Marquette, board of man- agers of Michigan Soldiers' Home, board of agriculture, board of fund exami- ners, boards of control state swamp lands, St. Mary's Falls ship canal, and the Portage Lake and Lake Superior ship canal, board of geological survey and board of control of railroads.
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THE EXECUTIVE OFFICE.
The private secretary to the governor is charged, under the direction of the governor, with the duties appertaining to official correspondence and general clerical work of the office His duty is to remain at the seat of government in charge of the executive office for the transaction of such business as may not require the personal attention of the governor.
The executive clerk assists in the conduct of the business of the executive office, and is secretary of the advisory board of pardons.
REQUIREMENTS AS TO REQUISITION AND EXTRADITIONS.
Applications must be made by the Prosecuting Attorney of the county in which the offense was committed, and must be in duplicate, in writing, ad- dressed to the Governor. (In case the requisition is upon the executive of Ohio, three copies must be made.)
The following must appear by the certificate of the Prosecuting Attorney: (a) The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be properly spelled, in Roman capital letters.
(b) That in his opinion the ends of public justice require that the alleged criminal be brought to this state for trial at public expense.
(c) That he believes he has sufficient evidence to secure the conviction of . the fugitive.
(d) That the person named as agent is a proper person, and that he has no private interest in the arrest of the fugitive.
(e) If there has been any former application for a requisition for the same person growing out of the same transaction, it must be so stated, with an explanation of the reasons for a second request, together with the date of such former application, as near as may be.
(f) If the fugitive is known to be under either civil or criminal arrest in the . state or territory to which he is alleged to have fled, the fact of such arrest and the nature of the proceedings on which it is based must be stated.
(g) That the application is not made for the purpose of enforcing the col lection of a debt, or for any private purpose whatever, and that if the requi- sition applied for be granted, the criminal proceedings shall not be used for any of said objects.
(h) The nature of the crime charged, with a reference, when practicable, to the particular statute defining and punishing the same.
(¿) If the offense charged is not of recent occurrence, a satisfactory reason must be given for the delay in making the application.
If application be made upon complaint before a magistrate and warrant issued thereon, certified copies of the complaint and warrant, together with the returns thereto, and of all other papers, including application, affidavits, etc., must be furnished in duplicate.
If an information has been filed, certified copies in duplicate must accom- pany the application.
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In all cases, the facts and circumstances showing the commission of the crime charged and also the connection of the accused with its perpetration must be shown by affidavits taken before a magistrate (a notary public is not a magistrate within the meaning of the statutes), and such affidavit or affidavits accompany the application.
In all cases of fraud, false pretenses, embezzlement or forgery, the affidavit of the principal complaining witness or informant that the application is made in good faith, for the sole purpose of punishing the accused, and that he does not desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes, shall be required, or a sufficient reason be given for the absence of such affidavit.
Proof by affidavit of facts and circumstances satisfying the executive that the alleged criminal has fled from the justice of the state, and is in the state on whose executive the demand is requested to be made, must be given. The fact that the alleged criminal was in the state where the alleged crime was committed at the time of the commission thereof, and is found in the state upon which the requisition was made, shall be sufficient evidence, in the absence of other proof, that he is a fugitive from justice.
Upon the renewal of an application,-for example: On the ground that the fugitive has fled to another state, not having been found in the state on which the first was granted new or certified copies of papers in conformity with the above rules must be furnished
In the case of any person who has been convicted of any crime, and escapes after conviction, or while serving his sentence, the application may be made by the jailer, sheriff or other officer having him in custody, and shall be accompanied by certified copies of the information, record of conviction and sentence upon which the person is held, with the affidavit of such person having him in custody, showing such escape with the circumstances attend- ing the same.
The official character of the officer taking the affidavits or depositions and of the officer who issued the warrant must be duly certified.
It is customary and proper for the executives of demanding states to dis- courage proceedings for the extradition of persons charged with petty offenses except in special cases and under aggravating circumstances, and application should not be made for such offenses except as above. This must be left largely to the judgement of the prosecuting attorney.
When applications are rejected, the papers are retained, and should the Governor become convinced that one has been improperly granted, he would immediately recall the requisition.
The surrender of offenders who have fled to foreign countries can .be obtained only on application to the federal authority. The requirements in such cases are substantially as in inter-state cases, and should go through the executive office in the same way.
Substantly the same showing will be required in applications received from the governors of other states for the extradition from this state of persons charged with crime.
Blank applications for requisition both inter-state and foreign will be fur- nished upon application to the executive office.
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THE LIEUTENANT GOVERNOR.
In case of impeachment, removal from office, death, inability, resignation or absence from the state of the governor, his powers and duties devolve on the lieutenant governor. He is ex-officio president of the senate In com- mittee of the whole he may debate all questions; and when there is an equal division he shall give the casting vote. He is a member of the state board of equalization.
DEPARTMENT OF STATE.
THE SECRETARY OF STATE.
The secretary of state is charged by constitutional and statutory provisions with many diverse duties. In general, it may be said that he is the keeper of the great seal and of the records and archives of the state government; that he has charge of the compilation, publication and distribution of the laws, doc" uments and reports of the various departments, institutions, officers and boards; that he issues commissions, warrants, patents and requisitions for extradition upon the order of the governor; that he gives notice of the hold- ing of elections and receives and files returns thereof; that he has general supervision of corporations in the matter of filing and recording articles of association and of filing the reports of such corporations; that he has charge of the collection, compilation and publication of statistics upon various sub- jects. He is ex-officio a member of the board of state auditors, board of state canvassers, board on the consolidation and crossings of railroads' board of control of state swamp lands, board of trustees to take charge of escheated estates, board of internal improvement, state board of equalization, and bureau of labor and industrial statistics.
The deputy secretary of state has immediate charge of the work of the office, and is the acting head of the department in the absence of the secre- tary of state. The routine work of the department is performed in seven divisions-the corporation, executive, compiling, building and loan, vital sta- tistics agricultural and shipping divisions. Each division is in the immediate charge of a chief, who is responsible for the proper performance of the duties falling under his supervision.
THE CORPORATION DIVISION.
The work of this division consists principally in the examination and filing or recording of articles of association of all corporations transacting business in the state, except building and loan associations, insurance companies and a few corporations which are required to file their articles with county clerks, and in filing annually the reports of such corporations. This work requires great accuracy, skill and legal ability. There are over one hundred different acts of the legislature governing the various kinds of corporations, each providing different rules and regulations. Articles of association must conform to these laws and it is the business of this division to make them
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do so, before they are received for record and certificates of filing or record are issued, or authority to do business is granted the new corporations. Not the least important feature of this branch of the work is the determination of the amount of franchise fees to be paid by foreign corporations seeking admission to the state. A careful record is kept of each corporation in such a manner that it is possible at a moment's notice to secure information regard- ing any existing incorporated body.
Incident to the filing of reports is the sending out of blanks for this pur- pose to the several thousand corporations which are required to make them. Much correspondence is necessary to keep the various records in a system- atic manner. New corporations are constantly being organized: those in existence are frequently making amendments to their articles or filing notices of dissolution. Considerable labor is required in clearing the records, by thorough investigation of the facts, of such corporations as become defunct without notifying the Department. The Corporation division is one of the most important of the Department.
THE EXECUTIVE DIVISION.
The custody of the Great Seal is in the Executive Division. The work here consists in the issuing and attestation of all important state papers, such as proclamations of the Governor, certificates of election to elective offi- cers and commissions to appointive officers, both military and civil, warrants for extradition or requisition, pardons and paroles. The constitution of the state and the acts of the Legislature, assigned by the governor, are also in the custody of this division, as are the records of all acts of the Executive, whether in the exercise of his appointive power or otherwise. Land certifi- cates and patents are of record in this division, likewise, and the original election returns from the different counties since Michigan became a state. The bonds and oaths of office of all officers of the state government are here kept on file and are in charge of the chief of the division, who keeps the records of the names of all such officers, showing the time of election or appointment, length of term and date of expiration of the term of each. The records relative to Notaries Public and Justices of the Peace are also kept in this division. All certified copies of laws, documents or records are made in the division, and all papers required to be executed under seal must be brought here for the attaching of the seal. The books of account of the office are kept here, and all correspondence of the Department passes for record, through the division.
THE COMPILING DIVISION.
An important duty of the Secretary of State, is the compilation and pub- lication of the laws and documents, and it is this work which falls to the Compiling Division. The acts of the legislature are compiled, which compil- ation involves the proper and orderly arrangement of the laws, side-noting. indexing and numbering, and the supervision of their publication The Public Acts, the Local Acts, the Official Directory and Legislative Manual, and the pamphlet compilations of laws are prepared for publication by this division. 88
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The preparation of the Manual, as it is usually called, requires the collection of a great amount of miscellaneous and useful data, and great care is exer- cised to have the information presented in an accurate and reliable form After each session of the legislature, the pamphlet compilations are here revised with annotations of supreme court decisions. The various lists of members of the legislature, State officials and county officers are made up and published under the direction of the division. A new and important branch of the work is the examination of all newspapers of the State for information affecting the interests of the State government To the knowl- edge of state officers is brought much useful information which renders them more able to give efficient service.
THE BUILDING AND LOAN DIVISION.
The supervision of the building and loan associations of the State is the business of the division. . An examination of the books of the companies is made annually. Not only the books are examined, but the securities upon which loans are made are, in many cases, investigated, in order to secure greater protection to members of the associations. Annual financial reports of the associations which are kept on file in the division, are compiled and published. The Secretary of State has authority to terminate the existence of associations which are in a bad financial condition.
THE VITAL STATISTICS DIVISION.
. The Vital Statistics division has charge of a kind of department work which is of great value to the citizens of the State. The various township, village and city clerks (or health officers) are `required by law to report monthly to the Secretary of State the deaths occurring within their juris- dictions. The compilation of these returns, and, incidentally, the furnishing of blank forms for the purpose, constitutes the principal work of the division. Through the efficiency of those having the work in charge, the Michigan system of registration is widely recognized as among the best in the world. For the proper dissemination of the information gathered a bulletin is issued monthly. This publication, the Michigan Monthly Bulletin of Vital Statistics, also furnishes a means of communication with registrars other than that by correspondence. The registration of births, marriages and divorces belongs to the Vital Statistics Division. The compilations of all these statistics are published yearly in registration reports. The value of the work of the division lies not only in the statistics compiled, but in the keeping of the records in such a form that official information can be given of all birth ', deaths, marriages and divorces in the State.
THE AGRICULTURAL DIVISION.
The Agricultural Division has charge of the collection, compilation and publica- tion of statistics upon agricultural products. The Farm Statistics are taken by the various supervisors and returned to the secretary of state. The supplying of blanks for the reports is, incidentally, a feature of the work. The
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department, through this division, has a corps of crop correspondents in the various townships of the state, who make monthly reports showing the condi- tion of the various crops in their localities. A tabulation of these reports is made here and, after publication, distributed.
THE SHIPPING DIVISION.
The work of distributing the published laws and documents belongs to the Shipping Division. The preparation for shipment of all matter sent out by the Department constitutes the business of the division.
The printed copies of the laws and documents and the various blank forms which the Department is required to furnish are in the custody of the chief of this division. A record of all publications which the state is required to furnish to the several township, village, city and county officers is kept here.
Some duties of the secretary of state not germane to the work of any one division have been assigned to the different divisions irrespective of the general scope of their work. The collection, compilation and publication of statistics relative to the insane, deaf, dumb, blind, idiotic and epileptic and the compilation and publication of the reports of superintendents of the poor and sheriffs have, for example, been under the supervision of the Agri- cultural Division.
TREASURY DEPARTMENT.
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THE STATE TREASURER.
He is the receiving officer and custodian of the State funds, state taxes collected by the county treasurers, taxes upon railroad, insurance, telegraph, telephone, express and other companies, and proceeds of sales of state lands are payable to him.
Payments from the treasury, except in pursuance of appropriations made by law, are prohibited by the constitution.
He is required, before entering upon the duties of his office, to give a bond to the people of the state in the sum of one hundred and fifty thousand dollars, with three or more sureties, to be approved by the auditor general and attorney general.
He is authorized, at his discretion, after receiving from banks security approved by the state treasurer, auditor general and secretary of state, to deposit in such banks the surplus funds in the treasury at such rate of interest as he may deem best for the state. All items of interest so received belong and are to be paid over to the state.
He is the state sealer of weights and measures.
He is required to make an annual report to the governor, with a summary of the receipts and payments of the treasury during the preceding year.
He is, by article 8, section 4 of the constitution, a member of the board of state auditors, board of state canvassers and by law a member of the board of
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fund commissioners, of equalization, of escheats, of control of state swamp lands, of St. Mary's Falls Ship Canal of claims growing out of sales of public lands and of review of assessment of telegraph and telephone companies.
THE DEPUTY STATE TREASURER.
The deputy state treasurer has immediate charge and personal supervision of the routine work and employes of the department and, in the absence of the treasurer, is empowered by law to transact all duties appertaining to that office. He is required to give a bond to the treasurer for a faithful perform- ance of the duties of his office.
AUDITOR GENERAL'S DEPARTMENT.
THE AUDITOR GENERAL.
He states accounts and examines and liquidates claims against the state in certain cases, drawing warrants on the state treasury therefor; examines, adjusts and settles claims in favor of the state; examines state treasurer's accounts monthly and countersigns receipts of state treasurer ; keeps a register of the number and amount of state bonds and the rate of interest thereon, and where payable, and files all canceled bonds in his office; audits and files accounts of state institutions; receives and files bonds of registers in chancery, plats of towns, cities and villages, reports of telegraph and mining companies ; approves bonds of county treasurers, the commissioner of insurance and medical superintendents of the asylums for the insane ; pre- pares and furnishes blanks for the use of state institutions, county treasurers and others ; makes annual report to the governor; is a member of the state board of equalization, the board of fund commissioners, the board of review for the assessment and taxation of telegraph and telephone lines, the board of escheats, and the board of control of state swamp lands, board of control of St. Mary's Falls Ship Canal, board of internal improvement, board of con- trol of Portage Lake and Lake Superior Ship Canal. Is also a member of the board of state canvassers in case of failure of a quorum.
He estimates and charges specific taxes on corporations, and issues warrants for collection thereof if not paid.
He apportions state taxes and transmits apportionments to clerks of boards of supervisors; prepares and files petitions in chancery for the sale of lands delinquent for taxes; prepares lists of such lands, and designates papers to publish the same; receives returns of sales, and executes deeds to purchasers; renders statements of accounts between the state and each county; and draws warrants in favor of county treasures for amounts due their counties. He reports monthly to the county treasurers all payments, redemptions,
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purchases of state bids and state tax lands made in the auditor general's office during the preceding month. Receives statements from the commis- sioner of the state land office of taxes collected on part-paid lands, and causes the tax laws to be published.
DEPUTY AUDITOR GENERAL
Has the general supervision of the clerks and employés, and of the business of the department, and in the absence of the auditor general is empowered by law to perform the duties of the office.
STATE LAND DEPARTMENT.
THE COMMISSIONER OF THE STATE LAND OFFICE.
He has the general charge and management of all the lands belonging to the state, or in which the state has any interest, or which are held by the state in trust for any purpose ; the selling, leasing, and general disposition of all the lands of the state; the custody of the original field notes and plats of surveys of the state. He receives the principal and interest on all lands sold by the state, and collects delinquent taxes on part-paid lands. On his certificate lands sold by the state are patented by the governor. He has the general charge of prosecuting trespasses on state lands and the appointment of trespass agents. He issues licenses to homestead settlers and takes steps to restore to market forfeited homesteads. He has the custody of all books and papers relating to public lands, and keeps the records of sale and dis- position of all public lands; sends lists of lands sold, to county treasurers for the purpose of assessment for taxation. He is a member of the board of state auditors, state board of equalization, board of state canvassers, board of control for reclamation of swamp lands and forestry commission.
DEPUTY COMMISSIONER OF LAND OFFICE
Has immediate and personal charge and supervision of the routine work of the department, and in the absence of the commissioner performs the duties of that office.
ATTORNEY GENERAL'S DEPARTMENT.
THE ATTORNEY GENERAL.
He is required to prosecute and defend all actions in the supreme court in which the state shall be interested and when requested by the governor, or any state officer, or the legislature, he is required to appear for the people in any court or tribunal in any matter, civil or criminal, in which the state or any department of the government may be interested. He is required to
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give opinions on questions submitted to him by the legislature, the governor, or any state officer. He is bound to consult with and advise prosecuting attorneys when requested in all matters pertaining to the duties of their offices. The attorney general is called upon to give opinions to the many state boards, prison inspectors and public institutions of all kinds and is a member or advisory member of the following boards, viz .: Board of equaliza- tion, board of control of swamp lands, board on the consolidation and cross- ings of railroads and the insurance policy commission. He may proceed in equity to restrain the misuse or abuse of corporate powers and has control of quo warranto proceedings on the part of the people.
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