USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > Part 6
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(a) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified election of 1862.
(b) As amended by joint resolution No. 25, public acts 1879, p. 312; ratified April election, 1881.
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CONSTITUTION OF THE STATE OF MICHIGAN.
applied to the support of such libraries, unless otherwise ordered by the township board of any township or the board of education of any city: Provided, That in no case shall such fines be used for other than library or school purposes.
ARTICLE XIV.
FINANCE AND TAXATION.
SECTION 1. All specific state taxes, except those received from the mining com- panies of the upper peninsula, shall be applied in paying the interest upon the primary school, university and other educational funds and the interest and principal of the state debt in the order herein recited, until the extinguishment of the state debt, other than the amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school interest fund. The legislature shall provide for an annual tax, sufficient with other resources, to pay the estimated expenses of the state government, the interest of the state debt and such deficiency as may occur in the resources.
SEC. 2. The legislature shall provide by law a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hundred and fifty-two, with com- pound interest at the rate of six per cent. per annum and an annual increase of at least five per cent. to be applied solely to the payment and extinguishment of the principal of the state debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. The unfunded debt shall not be funded or redeemed at a value exceeding that established by law in one thousand eight hundred and forty-eight.
SEC. 3. The state may contract debts to meet deficits in revenue. Such debts shall not in the aggregate at any one time exceed fifty thousand dollars. The moneys so raised shall be applied to the purposes for which they were obtained, or to the payment of debts so contracted.
SEC. 4. The state may contract debts to repel invasion, suppress insurrection, or defend the state in time of war. The money arising from the contracting of such debts shall be applied to the purposes for which it was raised, or to repay such debts.
SEC. 5. No money shall be paid out of the treasury except in pursuance of appro- priations made by law.
SEC. 6. The credit of the state shall not be granted to, or in aid of, any person, association or corporation.
SEC. 7. No scrip, certificate, or other evidence of state indebtedness shall be issued, except for the redemption of stock previously issued, or for such debts as are expressly authorized in this constitution.
SEC. 8. The state shall not subscribe to, or be interested in, the stock of any company, association or corporation.
(a) SEC. 9. The state shall not be a party to, or interested in, any work of in- ternal improvement, nor engaged in carrying on any such work, except in the expendi- ture of grants to the state of land or other property: Provided, however, That the legislature of the state, by appropriate legislation, may authorize the city of Grand Rapids to issue its bonds for the improvement of the navigation of Grand river.
(b) SEC. 10. The state may continue to collect all specific taxes accruing to the treasury under existing laws. The legislature may provide for the collection of specific taxes from corporations. The legislature may provide for the assessment of the property of corporations, at its true cash value by a state board of assessors and for the levying and collection of taxes thereon. All taxes hereafter leyied on the property of such classes of corporations as are paying specific taxes under laws in force on November sixth, A. D. nineteen hundred, shall be applied as provided for specific state taxes in section one of this article.
(b) SEC. 11. The legislature shall provide a uniform rule of taxation, except on property paying specific taxes, and taxes shall be levied on such property as shall be
(a) As amended by joint resolution No. 9, public acts 1893; ratified April election, 1893.
(b) As amended by joint resolution No. 1, extra session of 1900; ratified November election, 1900.
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MICHIGAN MANUAL.
prescribed by law: Provided, That the legislature shall provide an uniform rule of taxation for such property as shall be assessed by a state board of assessors, and the rate of taxation on such property shall be the rate which the state board of assessors shall ascertain and determine is the average rate levied upon other property upon which ad valorem taxes are assessed for state, county, township, school and municipal purposes.
SEC. 12. All assessments hereafter authorized shall be on property at its cash value. (a) SEC. 13. In the year one thousand nine hundred and one, and every fifth year thereafter, and at such other times as the legislature may direct, the legislature shall provide for an equalization of assessments by a state board, on all taxable property, except that taxed under laws passed pursuant to section 10 of this article.
SEC. 14. Every law which imposes, continues or revives a tax shall distinctly state the tax, and the objects to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.
ARTICLE XV. CORPORATIONS.
(b) SECTION 1. Corporations may be formed under general laws, but shall not be created by special act except for municipal purposes. All laws passed pursuant to this section may be amended, altered or' repealed. But the legislature may, by a vote of two-thirds of the members elected to each house, create a single bank with branches.
(b) SEC. 2. No general banking law shall have effect until the same shall, after its passage, be submitted to a vote of the electors of the state at a general election and be approved by a majority of the votes cast thereon at such election.
(c) SEC. 3. The officers and stockholders of every corporation or association 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 pro- vide 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 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 incorpo- ration 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 pre- scribed by law.
(d) SEC. 10. No corporation except for municipal purposes or for the construc- tion of railroads, plank roads and canals, shall be created for a longer time than thirty years; but the legislature may provide by general laws, applicable to any corporations,
-(a) As amended by joint resolution No. 1, extra session 1900; ratified November election 1900.
(b) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified election 1862. (c) As amended by joint resolution No. 11, laws of 1859, p. 1100; ratified election 1860. (d) As amended by joint resolution No. 3, public acts 1889; ratified April election 1889.
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CONSTITUTION OF THE STATE OF MICHIGAN.
for one or more extensions of the term of such corporations while such term is run- ning, not exceeding thirty years for each extension, on the consent of not less than a two-thirds majority of the capital of the corporation; and by like general laws for the corporate reorganization for a further 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 re- organized.
SEC. 11. The term "corporations," as used in the preceding sections of this article, shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations, not possessed by individuals or partner- ships. 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 organization of cities and villages, and shall restrict their powers of taxation, borrowing money, con- tracting debts, and loaning their credit.
SEC. 14. Judicial officers of cities and villages shall be elected and all other offi- cers 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 compensation therefor shall first be determined by a jury of freeholders and actually paid or secured in the manner provided by law.
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 consist 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 contracted after the adoption of this constitution.
SEC. 2. Every homestead of not exceeding forty acres of land, and the dwell- ing house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, 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 mortgage or other aliena- tion 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 constitu- tion, 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 profits 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, inher- itance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband, and may be devised or bequeathed by her as if she were unmarried.
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MICHIGAN MANUAL.
ARTICLE XVII.
MILITIA.
(a) SECTION 1. The militia shall be composed of all able bodied male citizens, be- tween 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 denomi- nation whatever, who, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.
SEC. 2. The legislature shall provide by law for organizing, epuipping and disci- plining 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 commissioned in such 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 du- ties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support 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.
(b) 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 ascertained by a jury of twelve free- holders, residing in the vicinity of such property, or by not less than three commission- ers, appointed by a court of record, as shall be prescribed by law: Provided, The fore- going 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 with- out 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 mon- eys shall be attached to, and published with the laws at every regular session of the legislature.
SEC. 6. The laws, public records, and the written judicial and legislative proceed- ings of the state shall be conducted, promulgated and preserved in the English lan- guage.
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 subordination to the civil power.
SEC. 9. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
SEC. 10. The people have the right peaceably to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
(a) As amended by joint resolution No. 42, laws of 1869, p. 425; ratified election of 1870.
(b) As amended by joint resolution No. 14, laws of 1859, p. 1102; ratified election of 1860.
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CONSTITUTION OF THE STATE OF MICHIGAN.
SEC. 11. Neither slavery nor involuntary servitude, unless for the punishment 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, enjoyment and inherit- ance of property, as native born citizens.
SEC. 14. The property of no person shall be taken for public use without just com- pensation 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 per- son 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 part of acts as are in force, and, without altera- tion, 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, School" craft, Houghton, and Ontonagon, and the islands and territory thereunto attached, the islands of Lake Superior, Huron, and Michigan, and in Green Bay and the Straits of Mackinac and the River Ste. Marie, shall constitute 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.
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.
(d) SEC. 6. That elections for all district or county officers, state senators or rep- resentatives, within the boundaries defined in this article, shall take place on the Tues- day 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 corporations 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 legislature 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.
(a) See act 150, laws 1863, p. 281.
(b) See act 150, laws 1863, p. 281. See Schedule, Sec. 26.
(c) See act 191, laws of 1865, p. 320.
(d) As amended by joint resolution No. 17, laws of 1861, p. 589; ratified election of 1862.
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MICHIGAN MANUAL.
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 per- mitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises.
(a) ARTICLE XIX-A. RAILROADS.
SECTION 1. The legislature may, from time to time, pass laws establishing reason- able maximum rates of charges for the transportation of passengers and freight on different railroads in this state, and shall prohibit running contracts between such railroad companies whereby discrimination is made in favor of either of such compa- nies as against other companies owning connecting 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 competing 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 manner as shall be provided by law.
ARTICLE
AMENDMENT AND REVISION OF THE CONSTITUTION.
(b) SECTION 1. Any amendment or amendments to this constitution may be pro- posed in the senate or house of representatives. If the same shall be agreed to by two- thirds of the members elected to each house, such amendment 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 there- after, 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 amendments, the same shall become part of the constitution.
(c) SEC. 2. At the general election to be held in the year one thousand eight hun- dred 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 consti- tution shall be submitted to the electors qualified to vote for members of the legisla- ture, 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 amendments shall take effect at the commencement of the year after their adoption.
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SCHEDULE.
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
ยท SECTION 1. The common law and the statute laws now in force, not repugnant 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 individuals, and of bodies corporate, and of the state, and all charters of incorporation, shall con- tinue, 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
(a) Submitted by joint resolution No. 1, laws of 1870, p. 13; ratified election of 1870. (b) As amended by joint resolution No. 29, public acts 1875, p. 310; ratified election of 1876. (c) As amended by joint resolution No. 17, laws of 1861, p 589; ratified election of 1862.
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CONSTITUTION OF THE STATE OF MICHIGAN.
at law and in equity, as if this constitution had not been adopted, and until the or- ganization 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 en- tered 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 pro- vided by law.
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