USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > Part 66
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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 con- viction, 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 cir- cumstances attending the same.
The official character of the officer taking the affidavits or depositions and of the offi- cer who issued the warrant must be duly certified.
It is customary and proper for the executives of demanding states to discourage pro- ceedings for the extradition of persons charged with petty offenses except in special
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cases and under aggravating circumstances, and application should not be made for such offenses except as above. This must be left largely to the judgment of the prose- cuting attorney.
When applications are rejected, the papers are retained, and should the Governor become convinced that one has been improperly granted, he will immediately recall the requisition.
ยท 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 substan- tially as in inter-state cases, and should go through the executive office in the same way.
Substantially 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 furnished upon application to the executive office.
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 gover- nor. He is ex-officio president of the senate. In committee of the whole he may de- bate 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 com- pilation, publication and distribution of the laws, documents and reports of the vari- ous departments, institutions, officers and boards; that he issues commissions, war- rants, patents and requisitions for extradition upon the order of the governor; that he gives notice of the holding 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 col- lection, compilation and publication of statistics upon various subjects. 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 secretary of state. The routine work of the department is performed in seven divisions-the corporation, executive, compiling, building and loan, vital statistics, agricultural and shipping divisions. Each division is in the immediate charge of a chief, who is responsible for the proper per- formance of the duties falling under his supervision.
THE CORPORATION DIVISION.
The work of this division consists principally in the examination and filing or re" cording 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 re- ports 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
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of corporations, eacli providing different rules and regulations. Articles of association must conform to these laws and it is the business of this division to make them do so, before they are received for record and certificates of filing or record are issued, or au- thority to do business is granted the new corporations. Not the least important fea- ture 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 regarding any existing incorporated body.
Incident to the filing of reports is the sending out of blanks for this purpose to the several thousand corporations which are required to make them. Much correspond- ence is necessary to keep the various records in a systematic manner. New corpora- tions are constantly being organized; those in existence are frequently making amend- ments 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 officers 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 Exec- utive, whether in the exercise of his appointive power or otherwise. Land certificates 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 attach- ing 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 publication of the laws and documents, and it is this work which falls to the Compiling Division. The acts of the legislature are compiled, which compilation 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 Legis- lative Manual, and the pamphlet compilations of laws are prepared for publication by this division. The preparation of the Manual, as it is usually called, requires the col- lection of a great amount of miscellaneous and useful data, and great care is exercised 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 su- preme 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.
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.
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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 ex- istence 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 jurisdictions. The compilation of these returns, and, in- cidentally, the furnishing of blank forms for the purpose, constitutes the principal work of the division. 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 Statis- tics, also furnishes a means of communication with registrars other than that by cor- respondence. The registration of births, marriages and divorces belongs to the Vital Statistics Division. The compilations of all these statistics are published yearly in reg- istration 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 births, deaths, marriages and divorces in the State.
THE AGRICULTURAL DIVISION.
The Agricultural Division has charge of the collection, compilation and publication of statistics upon agricultural products. The Farm Statistics are taken by the vari- ous supervisors and returned to the Secretary of State. The supplying of blanks for the reports is, incidentally, a feature of the work. The department, through this di- vision, has a corps of crop correspondents in the various townships of the State, who make monthly reports showing the condition 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 con- stitutes the business of the division. F
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 re- ports of superintendents of the poor and sheriffs have, for example, been under the su- pervision of the Agricultural Division.
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DEPARTMENT DUTIES.
TREASURY DEPARTMENT.
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 peo- ple 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 re- ceipts 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 audi- tors, board of state canvassers and by law a member of the board of fund commission- ers, 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 impowered by law to transact all duties appertaining to that office. He is required to give a bond to the treasurer for a faithful performance of the duties of his office.
AUDITOR GENERAL'S DEPARTMENT.
THE AUDITOR GENERAL.
It is the duty of the auditor general to state accounts and examine and liquidate claims against the state in statutory cases and to draw his warrant on the state treas- urer in settlement therefor, and for every disbursement and all moneys drawn from the state treasury; he examines and adjusts and settles claims in favor of the state; ex- amines 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 there- on, and where payable, and files all cancelled bonds in his office; audits and files ac- counts of state institutions; receives and files bonds of registers in chancery, plats of towns, cities and villages, reports of telegraph, telephone, canal and plank road com- panies; approves bonds of county treasurers, the commissioner of insurance, and treas- urers of various state institutions; prepares and furnishes blanks for the use of state in- stitutions, 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 escheats, and the board of control of state swamp lands, board of control of St. Mary's Falls Ship Canal, board of internal improvements, board of control of Portage Lake and Lake Superior Ship Canal. He is also a member of the board of state canvassers in case of failure of a quorum.
It is the duty of the auditor general to apportion state taxes and transmit such ap-
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portionment to the clerks of boards of supervisors; to prepare and file liis petition in chancery for the sale of lands delinquent for taxes; to prepare lists of such lands and to designate the papers in the various counties of the state to publish the sale; to receive returns of sales and to execute deeds to purchaser; to render statements of accounts be- tween the state and each county; to draw his warrant in favor of county treasurers for the amounts due their counties. He reports monthly to the county treasurers all pay- ments, redemptions, purchases of state bids and state tax lands made in the auditor general's department during the preceding month. He receives statements from the commissioner of the state land office of taxes collected on part-paid land, and causes the tax laws to be published.
It is also the duty of the auditor general to receive from the state board of assessors a statement of the amount assessed by such board against the various railroad compa- nies of the state, fast freight line companies and express companies and to proceed un- der warrant to collect taxes thus assessed.
It is also his duty under the law to see that the inheritance tax law is properly and duly executed, to furnish blanks to the various judges of probate and county treasurers for making their report of inheritance taxes; to countersign and seal the receipts issued for inheritance taxes paid into the county treasurer's office; to apportion such taxes re- ceived and paid into the state treasury among the various counties of the state as a part of the primary school interest fund.
DEPUTY AUDITOR GENERAL.
The deputy has the general supervision of the clerks and employes and of the busi- ness of the department, and in the absence of the auditor general is fully empowered by law to perform all 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 pur- pose; the selling, leasing, and general disposition of all the lands of the state; the cus- tody of the original field notes and plats of surveys of the state. He receives the prin- cipal 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 disposition 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 can- vassers, 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 depart- ment, and in the absence of the commissioner performs the duties of that office.
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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 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 mem- ber of the following boards, viz .: Board of equalization, board of control of swamp lands, board on the consolidation and crossings 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.
DEPUTY ATTORNEY GENERAL
Is, in the absence or inability of the attorney general, empowered by law to perform the duties of the office.
DEPARTMENT OF PUBLIC INSTRUCTION.
THE SUPERINTENDENT OF PUBLIC INSTRUCTION.
He has general supervision of the public schools and of state educational institu- tions; collects and tabulates the school statistics of the state; apportions the primary school interest fund to the counties, gives information to school officers upon construc- tion of school law; prepares and furnishes blanks for use of school officers, organizes and visits teachers' institutes and appoints instructors for them; receives reports from su- perintendents of schools and from all state and chartered educational institutions; makes annual report to the governor; visits all state educational institutions and meets with the governing boards of such at least once in each year; delivers lectures on educa- tional subjects; appoints visitors to the state university and all chartered educational institutions; is a member and secretary of the state board of education and is also a member of the state board of geological survey.
DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION
Is empowered by law to act in the absence of the superintendent or in case of a vacancy in the office.
THE BOARD OF REGENTS OF THE UNIVERSITY.
The Constitution provides that a board of eight persons elected at the spring elec- tion shall constitute a Board of Regents to control the University of Michigan. Said Board is a body corporate, having power to enact ordinances, by-laws and regulations for the government of the University; they have power to elect a president and such professors and tutors as may be necessary; to appoint a secretary, librarian, treasurer, steward, and such other officers as the institution may require; to provide and arrange courses of study; to provide for the keeping of meteorological tables; receive and expend all moneys for the support of the institution, and make an exhibit of the affairs of the University each year, said exhibit to be incorporated in the report of the Superintend- ent of Public Instruction.
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STATE BOARD OF EDUCATION.
The Constitution provides for a State Board of Education consisting of three mem- bers who are elected at the general election. The Superintendent of Public Instruction is ex-officio a member and secretary of the Board. The State Board of Education is a body corporate and has the control of all property belonging to the State Normal Schools and power to receive and expend all moneys appropriated for such institutions; to se- lect principals and instructors, fix the salaries of the same; provide and regulate courses of study and grant diplomas, and certificates to teach in such form as they shall deem best. The State Board of Education makes a biennial report to the Legislature giving the history of the work of the Normal Schools, the needs and requirements of Normal Schools for the ensuing period of two years, and such other matters as may be interest- ing to the Legislature. The Board is authorized to elect from its number a president and treasurer. It is also empowered to examine all textbooks on the subject of physiol- ogy and hygiene offered for use in the public schools of the state, and approve such as comply with the law relative to instruction, nature and effects of alcoholic drinks and narcotics; to conduct twice a year public examinations from which may be granted state life certificates, and to grant teachers' certificates to persons graduating from the literary and pedagogical courses of denominational colleges.
INSURANCE DEPARTMENT.
THE COMMISSIONER OF INSURANCE
Is required to perform the duties in regard to insurance companies and the formation thereof, which, previous to 1871, were conferred by law upon the secretary of state. These duties involve examinations to ascertain, on the formation of a new company, if all the requirements of the act under which it seeks to become a corporation have been complied with, and it is his duty to make frequent examinations into their condi- tion, and in case of an insolvent concern to apply to the proper court for the appoint- ment of a receiver and the winding up of its affairs.
Insurance companies of other states and countries, desiring to do business in this state, must first file in the commissioner's office due proof of corporate existence, and in the form prescribed under the law of 1873, appoint an attorney, resident in the state, to receive service of process and also stipulate for the sufficiency of the service of process, if made on the commissioner or his deputy, and then make the showing of such finan- cial condition as the law of this state requires. Companies of this and other states and countries doing business here, are required to make annual statements preliminary to the renewal of the yearly license, and from the statements so made are compiled the tables and made up the abstracts which compose the chief part of the annual reports issued by the commissioner. The powers which a state must necessarily exercise in the case of corporations coming from without the state to do an insurance business within it are intrusted to the commissioner, who may demand information, access to books and the correction of papers, and may deny a renewal of or revoke a certificate of au- thority, subject, however, to a review of his action by the supreme court in case it shall be arbitrary or unauthorized by law.
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