USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > Part 10
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 | Part 86
State Conventions .- The first state convention for the adoption of a constitution was held at Detroit, May, 1835. An election for the adoption of the constitution, and for the election of state officers was held on the first Monday of the following October. The constitution was adopted by vote of the people, and Stevens T. Mason was elected governor, Edward Mundy, lieutenant governor, and Isaac E. Crary, representative in congress. The legislature met in November (1835), and elected John Norvell and Lucius Lyon- United States senators for Michigan. Everything was ready. for admis- sion into the Union, but the unfortunate boundary dispute with Ollio prevented the favorable action of congress at that time.
Finally, by an act approved January 26, 1837, Michigan became the twenty-sixth state of the Union.
MICHIGAN AS A STATE.
First constitution .- The state constitution under which Michigan was admitted into the federal Union contained peculiar features, which deserve brief mention. The secretary of state, auditor general and attorney general were appointed by the governor, with the advice and consent of the state senate. The superintendent of public instruc- tion was appointed by the governor, with the advice and consent of the legislature, in joint vote. The governor and lieutenant governor were elected, and all state officers above mentioned were chosen for a term of two years, as at present. Judges of the supreme court were appointed by the governor, with the advice and consent of the senate, for a term of seven years.
The constitution contained the following provision, which had a considerable influence on the early history of the state: " Internal improvements shall be encouraged by the government of this state; and it shall be the duty of the legislature, as soon as may be, to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals and navigable waters," etc.
Internal improvement scheme .- It so happened that the Hon. Stevens T. Mason, "the boy governor of Michigan," who was the first chief executive of the young state, was in hearty sympathy with the plan of internal improvements for which provision was made in the constitution. With his approval, the legislature speedily passed the nec- essary laws, and the scheme was put into execution. Arrangements were made to borrow five millions of dollars on bonds issued by the state, and Governor Mason was authorized to negotiate the loan.
Among the various internal improvements which were begun and carried on for
62
MICHIGAN MANUAL.
several years by the state, two of the most important were the Michigan Central and Southern railroads .* The first named road was to begin at Detroit and extend to the mouth of the St. Joseph river on Lake Michigan. The second was to extend from Monroe to New Buffalo. After an experience of four or five years in prosecuting these enterprises, and others of lesser note, it became evident that it would be better for the state to dispose of the railroads to private corporations; and accordingly the Michigan Central and Southern railroads, which were only partially completed, were sold, in 1846, for the sum of two and a half millions of dollars. This was less than they had cost the state, but nevertheless the sale was considered a good bargain. Under the management of their new owners the roads were speedily pushed forward to completion, with some changes in the western portions of their routes.
"Wild-cat " banking .- When Michigan was admitted into the Union, there were fifteen banks doing business within her borders. But among other theories of that time was the notion that banking, like farming and store-keeping, should be free to all. Accordingly, in the spring of 1837, a general banking law was passed by the legislature. Under this act "any ten or more freeholders" might engage in banking with a capital of not less than fifty thousand nor more than three hundred thousand dollars. The provisions for the security of the public were loosely framed, and proved utterly worthless in practice. Among other things it was provided that thirty per cent of the entire capital should be paid in, in specie, before commencing business; that debts and bills issued should be secured by mortgages on real estate, etc. The banks were subject to examination and supervision by commissioners. But all pro- visions of safety were successfully evaded. Banks were started by persons who were mere adventurers, alike destitute of capital and credit. When the bank commis- sioners started upon their rounds of inspection, bags of coin were secretly and swiftly carried by messengers from one bank to another, so that they were constantly de- ceived. The requisite amount of coin would be found in the vaults, the commis- sioners could discover nothing wrong, and the inspection was over. During the following night the coin would be spirited away to the next bank, and counted again as before. Meanwhile these fraudulent banks were issuing bills and getting them into circulation as fast as possible.
The year 1837 is memorable as the time of a great financial panic in the United States. In June of that year, the legislature of Michigan, in the hope of relieving the financial difficulties for the time being, passed a law authorizing the suspension of specie payment until May 16, 1838. But the general banking law remained in force, banks were organized, and bills were issued as fast as possible during the period of suspension.
Banks were located anywhere and everywhere. One was found flourishing in an old saw-mill; and it was humorously asserted that a "hollow stump, to serve as a vault," was all that was needed for a bank in those days.
The greater number of the "wild-cat" banks had, however, suspended operations by the end of the year 1839. But more than a million dollars of worthless bills had been put in circulation. In 1844 the general banking law was declared unconstitu- tional, and "wild-cat" banks caused no further trouble.
Education .- By the ordinance of 1787-creating the northwest territory-and sub- sequent legislation, congress made provision for the support of public schools in this part of the Union. The sixteenth section of every organized township was set apart for the creation of a permanent school fund, of which the interest only is used from year to year. Since 1858, the "primary school fund," as it is called, has been in- creased by the addition of one-half of the yearly cash receipts from the sale of swamp lands belonging to the state.
After the state was admitted into the Union, one of the first steps of interest in this connection was the appointment of a superintendent of public instruction. Gov- ernor Mason selected for this important office the Rev. John D. Pierce, a congrega- tional clergyman, who was engaged in missionary work among the pioneers of central Michigan.
Father Pierce-as the founder of the Michigan school system is reverently called-
* In 1835-6.
63
AN OUTLINE HISTORY OF MICHIGAN.
wished to place the primary school within the reach of every child in the state; and to establish a state university for the higher culture of advanced students.
The plan which was drawn up by Superintendent Pierce, and passed by act of the legislature in 1837, contained most of the essential features of the present school system. And when it is remembered that Father Pierce was the first state superin- tendent of public instruction in the United States, we are the better prepared to appreciate the wisdom and foresight of the founder of the Michigan schools.
Pioneers .- Most of the early settlers of interior Michigan came from New England, New York and Ohio. Some of them came from the birth-place of the "town-meet- ing," and they took an active interest in the wise and honest government of their adopted state. Intelligent and public spirited, but prudent as well, they were good and safe citizens.
The style of living was necessarily plain. For clothing, "cheap, coarse cloth an- swered the purpose, and the wives and daughters made it up for use. The pioneers could not be particular about other qualities of their cloth than those of wear and comfort, and nobody would criticise the style or the fit. Silk for the woman and broadcloth for the man were rare extravagances."*
The first houses were log cabins, and the food of the pioneers, like the clothing, was plain and substantial. Hard work was the order of the day.
Hospitality and genuine friendship are usual characteristics of pioneers, and the "pathfinders" of the Michigan wilderness were bright examples of the general rule. "If one had a barrel of flour it was divided with the others. No one was allowed to want for what another had."t
Mormons in Michigan .- In 1847, a colony of Mormons, under the leadership of James J. Strang, located on Beaver island. At first the Mormon colony consisted of only five families, but a system of vigorous proselyting increased their numbers to nearly two thousand persons within the few years of their stay on the island. But internal dissentions arose, and Strang was assassinated in 1856. Soon after the death of the leader, the colony was dispersed by an armed band of fishermen from the neighboring shores, and the Mormons were given only twenty-four hours to leave the place.
Removal of capital .- From the time of Cadillac's occupancy of Fort Pontchartrain (1701) until 1847, the seat of government was at Detroit, but in the latter year the legislature decided to locate the permanent capital of Michigan at Lansing-then covered by a dense forest, and forty miles distant from a railroad. The project was greeted with both ridicule and severe denunciation at first, but the decision was made and the location proved to be generally satisfactory.
Second constitution .- After an experience of more than a dozen years with the state constitution under which Michigan came into the Union, the people wished to make some changes in the supreme law of the commonwealth, and a convention for that purpose met at Lansing in June, 1850. After careful preparation, a new con- stitution was submitted to the people, by whom it was adopted.
Among other changes, the second constitution provided for the election, by the people, of all heads of state departments and judges of the supreme court.
Politics .- When Michigan was admitted into the Union, the democratic party was in power and the governor of the state was a member of that party. Dissatisfaction with the financial mismanagement of 1837 and 1838 caused a change in the political control of the state, which was secured by the whig party-headed by William Wood- bridge-for a single term. From 1841 to 1854 the democrats were again in power. In the latter year the newly organized republican party elected its candidates, and with the exception of two terms-1883-85, and 1891-93-has continued in political control of the state to the present time.
Michigan in civil war .- During the four years of the civil war, Michigan was for- tunate in having Austin Blair as her chief executive. Every effort was made to lend all possible support to the United States government in its struggle for exist- ence. Few states were more prompt, and none sent braver soldiers to the front,
* Judge Cooley's "Michigan."
+ Hon Charles D. Little, in "Michigan Pioneer Collections."
64
MICHIGAN MANUAL.
All told, Michigan furnished 93,700 men, of whom 14,855 died in the service of the nation.
Spanish-American war .- On April 23, 1898, President Mckinley issued his procla- mation calling for 125,000 volunteers to engage in the war with Spain. Michigan's quota of this number was 4,104 to consist of four regiments of infantry of 1,026 officers and men each. .
May 25, 1898, the president issued his second call for troops, of which Michigan's quota was one regiment of infantry of a maximum strength of 1,272 men and 47 officers.
The 33d and 34th Michigan formed part of the expedition under command of General Shafter against Santiago.
The Michigan naval reserves, consisting of eleven officers and two hundred and seventy men, were detailed on the auxiliary cruiser Yosemite and saw service at Havana, Santiago, Guantanamo and San Juan de Puerto Rico.
The 31st regiment served at garrison duty two months and twelve days on Cuban soil.
The 32d and 35th Michigan regiments were quartered in southern camps, anxiously waiting orders to go to the front, but the sudden termination of the war prevented them from seeing service on foreign soil.
CONCLUSION.
The first half century of state history has witnessed many wonderful changes. In 1837 the interior was sparsely settled, and the forests and prairies showed few signs of human industry. Wagon roads were scarce and poor, and there was no completed railroad. Postal arrangements were exceedingly inconvenient, and correspondence was an expensive luxury. The population of the state was 174,467. Cities there were none. Schools, churches and newspapers were few, and the privations of pioneer life were many and severe.
Fifty years have changed the wilderness into more than two hundred thousand culti- vated farms. Eight thousand five hundred miles of railroads afford good market and traveling facilities to the people of almost every county in the state. The census reports show a population of over two and one half million people. Over eight thou- sand schools afford instruction to about seven hundred and fifty thousand pupils. Postal facilities have improved a hundred fold.
1
65
THE LEGISLATURE.
OF THE LEGISLATURE.
[Act No. 3, Laws of 1873.]
AN ACT to provide for the payment of the officers and members of the legislature.
SECTION 1. The people of the State of Michigan enact, That there be and hereby is appropriated out of any money in the treasury to the credit of the general fund, a sum sufficient for the payment of the officers and members of the legislature for the present, and each session hereafter.
SEC. 2. From and after the first day of January, nineteen hundred one, the com- pensation of the president and members of the senate, and the speaker and members of the house of representatives, shall be three dollars per day each, for actual attend- ance, and when absent on account of sickness during the session of the legislature, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled route. Each member of the senate and house of representatives shall be entitled to receive five dollars for stationery and newspapers. The per diem compensation of the secretary of the senate shall be ten dollars; of the first assistant secretary, six dollars; of the second assistant secretary, six dollars; of the financial clerk and secretary's messenger, five dollars; of the proof reader, five dollars; of the sergeant-at-arms, five dollars; which compensation shall be in full for all services performed during any regular or special session of the legislature, for which they are elected by the senate or appointed by a superior officer. The per diem com- pensation of the clerk of the house shall be ten dollars; of the journal clerk, seven dol- lars; of the bill clerk, six dollars; of the reading clerk, six dollars; of the financial clerk, six dollars; of the proof readers, six dollars; of the sergeant-at-arms, five dollars; which compensation shall be in full for all services performed during any regular or special session of the legislature for which they are elected by the house, or appointed by a superior officer. The per diem compensation of the clerks employed with the consent of the senate or house of representatives, or by any standing or special committee with the consent of either of said houses, shall be three dollars each for actual attend- ance during the session: the per diem compensation of the janitors of the senate and house of representatives and their authorized assistants, the keeper of the cloak room and the keeper of the document room, and their authorized assistants, and of the post- master of the legislature, shall be three dollars; and that of the messengers, two dollars for the time actually employed in attendance during the session; and all officers and employés of either house shall receive mileage at the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capitol by the usually trav- eled route. [Am. 1901, Act 175.]
SEC. 3. Such sums as may be due under the provisions of this act, to the secretary of the senate and the clerk of the house of representatives, shall be certified by the presiding officers of the respective houses, and countersigned by the auditor general; and such sums as may be due the president of the senate and the speaker of the house of representatives shall be certified by the secretary or clerk of the respective houses, and countersigned by the auditor general; and such sums as may be due to the members and other officers of either house, shall be certified by the secretary or clerk and the pre- siding officers of the respective houses, and countersigned by the auditor general; and the state treasurer, upon the presentation of any such certificate, countersigned as provided in this section, is hereby authorized and directed to pay the same.
Compensation .- The president of the senate and speaker of the house have the same compensation as members; and are not by virtue of their offices entitled to any addi- tional per diem or mileage.
People v. Whittemore, 2 Mich. 306.
9
66
MICHIGAN MANUAL.
POWERS, PRIVILEGES, ETC. (a) [Compiled Laws 1897, §§ 34-38.]
§ 34. SECTION 1. No officer of the senate or house of representatives, while in actual attendance upon the duties of his office, shall be liable to arrest on civil process. See Const. Mich., Art. 4, Sec. 7. As to service upon an officer of process not requiring arrest, see Case v. Rohrbacher, 15 Mich. 537.
§ 35. SEC. 2. Each house may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but only for one or more of the following offenses, to wit:
1. The offense of arresting a member or officer of the house or procuring such mem- ber or officer to be arrested, in violation of his privilege from arrest.
2. That of disorderly conduct in the immediate view of the house, and directly tending to interrupt its proceedings.
3. That of refusing to attend or be examined as a witness, either before the house or a committee, or before any person authorized by the house or by a committee, to take testimony in legislative proceedings
4. That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means or device, directly or indirectly to control or influence a mem- ber in giving his vote, or to prevent his giving the same; but the term of imprisonment which such house may impose for any contempt specified in this section shall not ex- tend beyond the same session of the legislature.
In Southworth v. Palmyra & J. R. Co., 2 Mich. 287, the word "house" was construed to mean the members present and doing business; there being a quorum, an action by a majority of those present is action by the "house." As to power and manner of punishing witnesses for refusing to appear and testify: Burnham v. Morrissey, 14 Grey 226.
§ 36. SEC. 3. Every person who shall be guilty of any contempt specified in the preceding section, shall also be deemed guilty of a misdemeanor, and on convic- tion thereof shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court.
§ 37. SEC. 4. The oath of office of any member or officer of the senate or house of representatives may be administered by and taken and subscribed before the chan- cellor (b), any justice of the supreme court, the lieutenant governor, the president pro tempore of the senate, or the speaker of the house of representatives.
§ 38. SEC. 5. Any senator or representative, while acting as a member of a com- mittee of the legislature, or either branch thereof, shall have authority to administer oaths to such persons as shall be examined before the committee of which he is a member.
(a) Except as restricted by the constitution of the state and of the United States, the powers of the legislature to enact binding laws seem not to be limited. Scott v. Smart's Ex'rs, 1 Mich. 307; Williams v. Mayor, 2 Mich. 560; People v. Gallagher, 4 Mich. 244; Sears v. Cottrell, 5 Mich. 258.
But it cannot delegate the power of enacting general laws by submitting a gen- eral act to the determination of the people as to whether it shall become law or not. People v. Collins, 3 Mich. 343; see Shumway v. Bennett, 29 Mich. 451. Nor can it make valid retrospectively what it could not originally have authorized. Butler v. Supervisors, 26 Mich. 22.
The legislature has such judicial powers only as are incident and essential to the discharge of its legislative functions; as in determining upon the election and quali- fication of its members, and in punishing for contempts. In such cases its determi- nations are conclusive. F. & F. P. R. Co. v. Woodhull, 25 Mich. 104; People v. Mahaney, 13 Mich. 493. But it cannot exercise any of the judicial powers apportioned to any other department. It cannot dictate to the courts what their judgment shall be, or set them aside when rendered, or give new hearings. Butler v. Supervisors of Saginaw, 26 Mich. 27; Sutherland v. Governor, 29 Mich. 325; Cash's Appeal, 6 Mich. 193.
(b) The office of chancellor was abolished in 1847.
67
THE LEGISLATURE
MEETING AND ORGANIZATION,
[Compiled Laws of 1897, §§ 4-9.]
§ 4. 1877, p. 53, April 25, August 21, Act 67. SECTION 1. The People of the State of Michigan enact, That it shall be the duty of the secretary of state, on the day prior to any regular session of the legislature, to deliver to the secretary, or in case of his death or inability, then to the assistant secretary of the preceding senate, also to the clerk, or in case of his death or inability, then to the journal clerk of the next preceding house of representatives, a true and correct list of all the members elect of each house, as transmitted to him by the clerks of the several counties of the state, and in such list shall designate the senators and representatives by their respective districts.
§ 5. SEC. 2. The members elect of the senate and house of representatives shall convene in their respective houses at the state house at Lansing at 12 o'clock noon on the first Wednesday of January next succeeding their election, and proceed to the organization of their respective houses, in accordance with the provisions of this act, and no other business shall be in order until they shall have completed such organization,
§ 6. SEC. 3. In case the lieutenant governor is absent, or unable to perform the duties of his office, it shall be the duty of the secretary of the preceding senate to call to order and preside over the senate, until the lieutenant governor appears, or a president pro tempore is elected, and such secretary shall act as secretary of the senate until his successor is elected, and in calling the roll of the senate before the permanent organ- ization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided for in the preceding section, and he shall not call any other or different names.
§ 7. SEC. 4. It shall be the duty of the clerk of the next preceding house of rep- resentatives to call to order and preside over the house until a speaker, or speaker pro tempore, is elected, and he shall act as clerk of the house until his successor is elected; and in calling the roll of the house, before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided in the first section of this act, and he shall not call any other or different names.
§ 8. SEC. 5. In case of a vacancy in the office of secretary of the senate, or clerk of the house, or of the absence or inability of either to perform the duties imposed by this act, such duties shall devolve upon the assistant secretary of the senate or journal clerk of the house of the next preceding senate or house of representatives.
§ 9. SEC. 6. In case the president of the senate or one of the judges of the supreme court cannot attend to administer the oath of office, the officers required by this act to organize meetings of the legislature are hereby authorized to administer the oath of office prescribed by the constitution of this state, to the members elect of their respective houses.
DRAWING OF SEATS BY MEMBERS OF THE HOUSE OF REPRESENT- ATIVES,
[Compiled Laws 1897, § 10.]
§ 10. SECTION 1. The People of the State of Michigan enact, That upon the organ- ization of the house of representatives upon the first day of the session, the seats in the hall of the house shall be selected by the members by lot in a manner as follows: Upon the convening of the legislature, it shall be the duty of the clerk, as soon as the first roll call is made and the seats vacated, to place on his desk one hundred slips, on which are written each representative's name in alphabetical order, as certified to by the secretary of state, and opposite each name the numbers in consecutive order from one to one hundred. A box shall be provided, in which shall be deposited one hundred white balls, which shall be numbered consecutively from one to one hundred. A boy, to be selected by the clerk, then being blindfolded shall draw from the box one ball and hand it to the clerk, who shall announce in a clear voice the number on the ball, and the clerk shall call the representative's name found on the slip opposite the corres-
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.