USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > Part 7
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
SEC. 5. A governor and lieutenant governor shall be chosen under the existing constitution and laws to serve after the expiration of the term of the present incumbent.
SEC. 6. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution.
SEC. 7. The members of the senate and house of representatives of the legislature of one thousand eight hundred and fifty-one shall continue in office under the provisions of law, until superseded by their successors, elected and qualified under this constitution.
SEC. 8. All county officers, unless removed by competent authority, shall continue to hold their respective offices until the first day of January, in the year one thousand eight hundred and fifty-three. The laws, now in force as to the election, qualification and duties of township officers, shall continue in force until the legislature shall, in con- formity to the provisions of this constitution, provide for the holding of elections to fill such offices, and prescribe the duties of such officers, respectively.
SEC. 9. On the first day of January, in the year one thousand eight hundred and fifty-two, the terms of office of the judges of the supreme court, under existing laws, and of the judges of the county courts, and of the clerks of the supreme court, shall expire, on the said day.
SEC. 10. On the first day of January, in the year one thousand eight hundred and fifty-two, the jurisdiction of all suits and proceedings then pending in the present su- preme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings at law and equity then pending in the circuit . courts and county courts for the several counties, shall become vested in the circuit courts of the said counties and district court for the upper peninsula.
SEC. 11. The probate courts, the courts of justices of the peace, and the police court, authorized by an act entitled "An act to establish a police court in the city of Detroit, approved April second, one thousand eight hundred and fifty," shall continue to exercise the jurisdiction and powers now conferred upon them, respectively, until otherwise provided by law.
SEC. 12. The office of state printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges and compen- sation shall remain unimpaired and inviolate until the expiration of his said term of office.
SEC. 13. It shall be the duty of the legislature at their first session to adapt the present laws to the provisions of this constitution as far as may be.
SEC. 14. The attorney general of the state is required to prepare and report to the legislature at the commencement of the next session such changes and modifications in existing laws as may be deemed necessary to adapt the same to this constitution, and as may be best calculated to carry into effect its provisions, and he shall receive no additional compensation therefor.
SEC. 15. Any territory attached to any county for judicial purposes, if not other-
40
MICHIGAN MANUAL.
wise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation.
SEC. 16. This constitution shall be submitted to the people for their adoption or rejection at the general election to be held on the first Tuesday of November, one thou- sand eight hundred and fifty; and there shall also be submitted for adoption or re- jection at the same time the separate resolution in relation to the elective franchise; and it shall be the duty of the secretary of state and all other officers, required to give or publish any notice in regard to the said general election, to give notice, as provided by law in case of an election of governor, that this constitution has been duly submit- ted to the electors at said election. Every newspaper within this state publishing in the month of September next this constitution as submitted shall receive, as com- pensation therefor, the sum of twenty-five dollars to be paid as the legislature shall direct.
SEC. 17. Any person entitled to vote for members of the legislature, by the con- stitution and laws now in force, shall at the said election be entitled to vote for the adoption or rejection of this constitution, and for or against the resolution separately submitted, at the places and in the manner provided by law for the election of members of the legislature.
SEC. 18. At the said general election a ballot box shall be kept by the several boards of inspectors thereof for receiving the votes cast for or against the adoption of this con- stitution; and on the ballots shall be written or printed, or partly written and partly printed, the words "Adoption of the Constitution-Yes," or "Adoption of the Con- stitution-No."
SEC. 19. The canvass of the votes cast for the adoption or rejection of this constitu- tion, and the provision in relation to the elective franchise separately submitted, and the returns thereof shall be made by the proper canvassing officers, in the same man- ner as now provided by law for the canvass and return of the votes cast at any election for governor, as near as may be, and the return thereof shall be directed to the secre- tary of state. On the sixteenth day of December next, or within five days thereafter, the auditor general, state treasurer, and secretary of state shall meet at the capitol, and proceed, in presence of the governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Constitution-Yes," this constitution shall be the supreme law of the state from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution-No," the same shall be null and void. And in case of the adoption of this constitution, said officers shall immediately, or as soon thereafter as practicable, proceed to open the statements of votes returned from the several counties for judges of the supreme court and state officers under the act entitled "An act to amend the revised statutes and to provide for the election of certain officers by the people in pursuance to an amendment of the constitution," approved February sixteenth, one thousand eight hundred and fifty, and shall ascertain, determine and certify the results of the election for said officers under said act, in the same manner as near as may be, as is now provided by law in regard to the election of representatives in congress. And the several judges and officers so ascertained to have been elected may be qualified and enter upon the duties of their respective offices, on the first Monday of January next or as soon thereafter as practi- cable.
SEC. 20. The salaries or compensation of all persons holding office under the present constitution shall continue to be the same as now provided by law, until superseded by their successors elected or appointed under this constitution; and it shall not be lawful hereafter for the legislature to increase or diminish the compen- sation of any officer during the term for which he is elected or appointed.
SEC. 21. The legislature at their first session shall provide for the payment of all expenditures of the convention to revise the constitution and of the publication of the same as is provided in this article.
SEC. 22. Every county except Mackinaw and Chippewa entitled to a representa- tive in the legislature, at the time of the adoption of this constitution, shall continue
41
CONSTITUTION OF THE STATE OF MICHIGAN.
to be so entitled under this constitution, and the county of Saginaw, with the territory that may be attached, shall be entitled to one representative; the county of Tus- cola, and the territory that may be attached, one representative; the county of Sanilac, and the territory that may be attached, one representative; the counties of Midland and Arenac, with the territory that may be attached, one representative; the county of Montcalm, with the territory that may be attached thereto, one rep- resentative; and the counties of Newaygo and Oceana, with the territory that may be attached thereto, one representative; each county having a ratio of representa- tion, and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives; and so on above that number, giving one additional member for each additional ratio.
SEC. 23. The cases pending and undisposed of in the late court of chancery, at the time of the adoption of this constitution, shall continue to be heard and deter- ยท mined by the judges of the supreme court. But the legislature shall at its session in one thousand eight hundred and fifty-one provide by law for the transfer of said causes that may remain undisposed of on the first day of January, one thousand eight hundred and fifty-two, to the supreme or circuit court established by this constitution, or require that the same may be heard and determined by the circuit judges.
SEC. 24. The term of office of the governor and lieutenant governor shall com- mence on the first day of January next after their election.
SEC. 25. The territory described in the article entitled "Upper Peninsula," shall be attached to and constitute a part of the third circuit for the election of a regent of the university.
SEC. 26. The legislature shall have authority after the expiration of the term of office of the district judge first elected for the "Upper Peninsula," to abolish said office of district judge and district attorney or either of them.
SEC. 27. The legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the representatives among the several counties and districts, and divide the state into senate districts pursuant to the provisions of this constitution.
SEC. 28. The terms of office of all state and county officers, of the circuit judges, members of the board of education, and members of the legislature shall begin on the first day of January next succeeding their election.
SEC. 29. The state, exclusive of the upper peninsula, shall be divided into eight judicial circuits, and the counties of Monroe, Lenawee and Hillsdale shall constitute the first circuit; the counties of Branch, St. Joseph, Cass and Berrien shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw, Jackson and Ingham shall constitute the fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton and Van Buren shall constitute the fifth cir- cuit; the counties of St. Clair, Macomb, Oakland and Sanilac shall constitute sixth circuit; the counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston, Tuscola, and Midland shall constitute the seventh circuit; and the counties of Barry, Kent, Ottawa, Ionia, Clinton and Montcalm shall constitute the eighth circuit.
Done in convention at the capitol of the state this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty and of the inde- pendence of the United States the seventy-fifth.
D. GOODWIN, President.
6
42
MICHIGAN MANUAL.
AMENDMENTS TO CONSTITUTION OF MICHIGAN.
SUMMARY OF VOTES BY WHICH ADOPTED OR REJECTED FROM 1850 TO 1902.
NOVEMBER, 1850.
An amendment to grant "equal suffrage to colored persons," was submitted to the people, November, 1850, and rejected by the following vote: For, 12,840; against, 32,026.
NOVEMBER, 1858.
The general banking law of the state was submitted to the people, November 2, 1858, and adopted. For, 41,006; against, 19,865.
NOVEMBER, 1860.
"As to banking corporations" making officers and stockholders individually liable to the extent of their respective shares of stock, adopted as follows: For, 59,954; against, 15,477.
"As to legislative sessions," fixing time and place of holding, and providing for adjournment; also, providing that no new bill shall be introduced after the first fifty days of the session shall have expired, and allowing extra compensation to members from the upper peninsula, not to exceed two dollars per day during the session. Adopted as follows: For, 53,152; against, 18,246.
"As to Sec. 2, Art. XVIII," adding to said section the following: "Provided, The foregoing provision shall in no case be construed to apply to the action of com- missioners of highways in the official discharge of their duty as highway commission- ers." Adopted. For, 62,936; against, 8,054.
NOVEMBER, 1862.
"Relative to removals from office," empowering the governor to inquire into the condition and administration of any public office, and acts of public officers (except legislative and judicial), to remove such officers in certain cases, appoint a successor, and report the causes of such removal to the next legislature. Adopted. For, 3,180; against, 1,273.
"As to banks," providing that corporations shall be formed under general laws only, except for municipal purposes, but allowing the legislature by a vote of two- thirds of all the members elected to create a single bank with branches; also that no general banking law shall take effect until ratified by the people; also, for all banks organized under general laws, the legislature shall provide for the registry of all bills or notes issued as money, and requiring security to the full amount of such issue, in State or United States stocks, bearing interest, to be deposited with the state treasurer. Adopted. For, 5,067; against, 1,644.
"As to regents of the university," providing for the election of a board of eight in 1863, their respective terms of office, when successors to be elected, etc. Adopted. For, 4,363; against, 1,901.
"As to elections in upper peninsula," fixing the time for the election of certain state officers, to wit: all district or county officers, state senators or representatives, and the time of holding the county and district canvass. Adopted. For, 5,193; against, 1,440.
"As to amendments of the constitution," providing that the question of the revision of the constitution be submitted to the electors at the general election in 1866, and in
43
CONSTITUTION OF THE STATE OF MICHIGAN.
each sixteenth year thereafter, and also at such other times as the legislature may by law provide. Adopted. For, 4,375; against, 1,806.
NOVEMBER, 1866.
"As to soldiers voting," providing that, in time of war, insurrection or rebellion, no elector shall be deprived of his right to vote by reason of his service in the army or navy at such time, in this State or the United States. Adopted. For, 86,354; against, 13,094.
"For a revision of the constitution," the people expressed their sanction for revision by the following vote: For, 79,505; against, 28,623.
APRIL, 1868.
"Proposition relative to annual or biennial sessions of the legislature to stand as section eight (8) of article five (5) of said constitution," on which the votes were as fol- lows: Annual sessions-"Yes," 24,482; biennial sessions-"Yes," 100,314.
"Proposed section relative to prohibition," providing that 'The legislature shall not pass any act authorizing the grant of licenses for the sale of ardent spirits or in- toxicating liquors but shall by law prohibit the sale of the same as a beverage," on which the vote was as follows: Prohibition-"Yes," 72,462; prohibition-"No," 86,143.
NOVEMBER, 1870.
"Relative to raising two thousand dollars for public buildings, highways, or bridges," empowering the board of supervisors of any county to raise not to exceed the above named sum per annum for such purposes. Rejected. For, 39,180; against, 61,904.
"Relative to the salaries of state officers and judges of the circuit court." The fol- lowing were the proposed salaries: Governor, two thousand five hundred dollars; judges of the circuit court, secretary of state, state treasurer, auditor general, commissioner of the state land office, attorney general and superintendent of public instruction, two thousand dollars each. Rejected. For, 36,109; against, 68,912.
"Impartial suffrage." Under this head were three propositions: 1st. The appor- tionment of representatives. 2d. The qualification of electors, by which the word "white" was stricken from the constitution, 3d. Of whom the militia shall be composed. Adopted. For, 54,105; against, 50,598.
"Of railroads." There were three propositions under this head. 1st. Authorizing the legislature to regulate passenger and freight charges. Adopted. For, 78,602; against, 51,397. 2d. Prohibiting the consolidation of competing lines of railroad, except that at least sixty days' notice be given publicly to all stockholders, as provided by law. Adopted. For, 76,912; against, 51,194. 3d. Authorizing the payment of bonds or obligations heretofore issued. Rejected. For, 50,078; against, 78,453.
-
NOVEMBER, 1872.
"Providing for the payment of bonds issued and negotiated, and the purchase price thereof realized prior to May 27, 1870, by the counties, townships and municipalities issuing the same for, and in aid of any railroad company." Rejected. For, 44,684; against, 70,893.
"Relative to the limits of judicial circuits, and the number thereof." Rejected. For, 47,972; against, 65,848.
"Relative to the salaries of circuit judges," fixing their salaries at two thousand five hundred dollars. Rejected. For, 57,326; against, 58,987.
NOVEMBER, 1874.
Amendment submitted to the people, relating to woman suffrage. Rejected. For, 40,077; against, 135,957.
Revision of Constitution, prepared by the Constitutional Commission of 1873 appointed by the Governor by authority of joint resolution No. 19, laws of 1873, and approved and submitted by joint resolution No. 4, laws of 1874, (extra session). Rejected. For, 39,285; against, 124,034.
44
MICHIGAN MANUAL.
NOVEMBER, 1876.
"Relative to license for the sale of intoxicating liquors." Clause forbidding the grant of license stricken from the constitution by the following vote: For striking out, 60,639; against, 52,561.
"Relative to the salaries of judges of the circuit court," proposing two thousand five hundred dollars per annum each. Rejected. For, 65,371; against, 65,966.
"As to the time of submitting to the people amendments to the constitution." Amendment and revision may be submitted to the people at the spring or autumn election. Adopted. For, 52,306; against, 21,984.
APRIL, 1878.
"Relative to appointment of clerk of the supreme court." To give power of ap- pointment to court. Rejected. For, 30,313; against, 34,712.
"Relative to corporations." Making stockholders individually liable to the full amount of their respective shares, for all labor done for or in behalf of such corporation. Rejected. For, 24,770; against, 42,064.
APRIL, 1880.
"Relative to the salary of the governor." Fixing the salary at three thousand dol- lars per year. Rejected. For, 49,035; against, 91,753.
NOVEMBER, 1880.
"Relative to a bridge or tunnel across the Detroit river." Rejected. For, 37,340; against, 58,040.
APRIL, 1881.
"Relative to penal fines." Empowering boards of education in cities, or township boards, to apply such fines to library or school purposes. Adopted. For, 51,475; against, 8,370.
"Relative to clerks of the circuit and supreme courts." Authorizing the supreme court to appoint its own clerk. Adopted. For, 62,593; against, 6,640.
"Relative to circuit courts." Providing for more than one judge in the circuit in which Detroit is or may be situated. Adopted. For, 53,840; against, 6,628.
NOVEMBER, 1882.
"Relative to the salaries of the judges of the circuit courts." Increasing such sal- aries. Adopted. For, 85,705; against, 55,638.
"Relative to the adjustment of claims against counties." Providing for the estab- lishment of boards of county auditors. Rejected. For, 23,814; against, 38,073.
"Revision." The question of a general revision of the constitution was also sub- mitted and was decided in the negative by the following vote: For, 20,937; against, 35,123.
NOVEMBER, 1884.
"Relative to the salaries of circuit judges, upper peninsula, allowing increase." Adopted. For, 35,345; against, 28,642.
"Relative to compensation of members of the legislature, and prohibiting acceptance by them of railroad passes." Rejected. For, 31,693; against, 52,707.
NOVEMBER, 1886.
"Relative to the board of auditors of Wayne county." Rejected. For, 15,020; against, 20,755.
"Relative to the salaries of state officers." Rejected. For, 40,445; against, 60,220.
APRIL, 1887.
"Relative to the liquor traffic." Rejected. For, 178,636; against, 184,281.
"Relative to the salaries of state officers." Rejected. For, 72,718; against, 124,838.
45
CONSTITUTION OF THE STATE OF MICHIGAN.
NOVEMBER, 1888.
"Relative to circuit courts." Adopted. For, 21,221; against, 19,382.
A general banking law was submitted to the people November, 1888, and adopted. For, 48,531; against, 20,300.
APRIL, 1889.
" Relative to circuit courts." Adopted. For, 49,478; against, 19,834.
" Relative to duration of corporations." Adopted. For, 35,269; against, 28,950.
" Relative to salary of governor," making the salary four thousand dollars per annum. Adopted. For, 111,854; against, 72,494.
NOVEMBER, 1890.
The question of a general revision of the constitution was submitted to the people and rejected. For, 16,431; against, 26,261.
APRIL, 1891.
Salary of attorney general. Adopted. For, 69,622; against, 68,335. Recanvassed June 1, 1894, by order of supreme court, with the following result: For, 69,248: against, 69,651.
NOVEMBER, 1892.
Convention for the purpose of a general revision of the constitution. Adopted. For, 16,948; against, 16,245.
APRIL 3, 1893.
Relative to salaries of state officers. For, 64,422; against, 62,601. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Rejected. For, 59,317; against, 70,772.
Relative to works of internal improvement at Grand Rapids. For, 70,597; against, 55,091. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Adopted. For, 72,745; against, 52,476.
Relative to extending jurisdiction of circuit courts in certain cases, For, 60,219; against, 53,492. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Adopted. For, 62,023; against, 48,797.
Relative to creation of county and township boards of highway commissioners. For, 68,486; against, 60,015. Recanvassed January 19, 1894, by order of the supreme court, with the following result: Adopted. For, 69,050; against, 59,922.
NOVEMBER 6, 1894.
Authorizing inmates of soldiers' homes to vote where such homes are situated. Adopted. For, 127,758; against, 29,607.
Relative to the qualifications of electors of this state, requiring foreign born electors to be citizens of the United States or to have declared their intention of becoming such two years and six months prior to the eighth day of November, 1894. Adopted. For, 117,088; against, 31,537.
APRIL 1, 1895.
' Relative to the salaries of state officers." Rejected. For, 50,065; against, 139,039.
" Relative to circuit courts." Rejected. For, 60,567; against, 97,278. APRIL 5, 1897.
" Relative to the salary of attorney general." Rejected. For, 70,138; against, 90,973.
Relative to board of county auditors for Kent county." Rejected. For, 53,201; against, 57,793.
4
46
MICHIGAN MANUAL.
APRIL 3, 1899.
" Relative to improvement and maintenance of highways." Adopted. For, 130,416; against, 93,442.
" Relative to circuit courts." Adopted. For, 108,197; against, 104,884.
" Relative to judicial department." Rejected. For, 99,391; against, 102,269.
" Relative to state printing office." Rejected. For, 105,711; against, 108,317.
NOVEMBER 6, 1900.
" Relative to the taxation of corporations." Adopted. For, 442,728; against, 54,757.
APRIL 1, 1901.
" Relative to salaries of members of the legislature." Rejected. For, 112,883; against, 187,615.
" Relative to circuit courts." Rejected. For, 110,855; against, 130,108.
NOVEMBER 4, 1902.
" Relative to the publication of the general laws in newspapers." Adopted. For, 155,837; against, 105,241.
" Relative to indeterminate sentences." Adopted. For, 146,265; against, 78,338. APRIL 6, 1903. .
"Relative to circuit courts." Adopted. For, 105,618; against, 83,048.
"Relative to board of county auditors in the counties of Saginaw, Jackson, Washtenaw
and Kent." Adopted. For, 108,889; against, 84,636.
47
CONSTITUTIONAL CONVENTIONS.
CONSTITUTIONAL CONVENTIONS.
CONVENTION OF 1835.
(Convened at Detroit May 11, and adjourned June 24, 1835.)
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.