USA > Michigan > Michigan official directory and legislative manual for the years 1909-1910 > Part 52
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No change from Secs. 39, 40 and 41, Art. IV, except in phraseology.
SEC. 4. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
No change from Sec. 42, Art. IV, except in phraseology.
SEC. 5. Every person has a right to bear arms for the defense of himself and the state.
No change from Sec. 7, Art. XVIII.
SEC. 6. The military shall in all cases and at all times be in strict subordination to the civil power.
No change from Sec. 8, Art. XVIII.
SEC. 7. 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.
No change from Sec. 9, Art. XVIII.
SEC. 8. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.
No change from Sec, 11, Art, XVIII.
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SEC. 9. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.
No change from Sec. 43, Art. IV, except in phraseology.
SEC. 10. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation.
No change from Sec. 26, Art. VI.
SEC. 11. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety may require it.
No cliange from Sec. 44, Art. IV, except in phraseology.
SEC. 12. Any suitor in any court of this state shall have the right to prosecute or defend his suit, either in his own proper person or by an attorney or agent of his choice.
No change from Sec. 24, Art. VI.
SEC. 13. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be pre- scribed by law.
No change from Sec. 27, Art. VI.
SEC. 14. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason when the proof is evident or the presumption great.
No change from Sec. 29, Art. VI.
. SEC. 15. Excessive bail shall not be required; excessive fines shall not be imposed; . cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained.
No change from Sec. 31, Art. VI.
SEC. 16. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.
No change from Sec. 32, Art. VI.
SEC. 17. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.
No change from Sec. 34, Art. VI.
SEC. 18. In all prosecutions for libels the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.
Sec. 25, Art. VI. "The jury shall have the right to determine the law and the fact" omitted.
SEC. 19. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in courts of record, when the trial court shall so order, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.
Sec. 28, Art. VI.
SEC. 20. No person shall be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a military fine in time of peace.
No change from Sec. 33, Art. VI.
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SEC. 21. Treason against the state shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court.
No change from Sec. 30, Art. VI, except in phraseology.
ARTICLE III.
ELECTIVE FRANCHISE.
SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five; every male inhabitant residing in this state on the first day of January, eighteen hundred fifty; every male inhabitant of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hundred ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months and in the township or ward in which he offers to vote twenty days next preceding such election: Provided, That in time of war, insurrection or rebellion no qualified elector in the actual military service of the United States or of this state, or in the army or navy thereof, shall be deprived of his vote by reason of his absence from the township, ward or state in which he resides; and the legislature shall provide by law the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes.
Sec. 1, Art. VII. Certain unnecessary words are omitted.
SEC. 2. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States or of this state, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas, nor while a student at any institution of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; except that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers' homes established by this state may acquire a residence where such home is located.
Sec. 5, Art. VII.
SEC. 3. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed in any military or naval place within the state.
Sec. 7, 'Art. VII.
SEC. 4. Whenever any question is submitted to a vote of the electors which involves the direct expenditure of public money or the issue of bonds, every woman having the qualifications of male electors who has property assessed for taxes in any part of the district or territory to be affected by the result of such election shall be entitled to vote thereon.
New.
Sec. 5 .. Every elector in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest during his attendance at elections and in going to and returning from the same.
Sec. 3, Art. VII.
SEC. 6. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or to attend court as a suitor or witness.
No change from Sec. 4, Art. VII.
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SEC. 7. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.
No change from Sec. 2, Art. VII.
SEC. 8. Laws shall be passed to preserve the purity of elections and guard against abuses of the elective franchise.
Sec. 6, Art. VII.
ARTICLE IV.
DIVISION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government are divided into three departments: The legislative, executive and judicial.
No change from Sec. 1, Art. III.
SEC. 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution.
No change from Sec. 2, Art. III.
ARTICLE V.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power is vested in a senate and house of representatives. No change from Sec. 1, Art. IV. ยท
SEC. 2. The senate shall consist of thirty-two members. Senators shall be elected for two years and by single districts. Such districts shall be numbered from one to thirty-two, inclusive, each of which shall choose one senator. No county shall be divided in the formation of senatorial districts, unless such county shall be equitably entitled to two or more senators.
Sec. 2, Art. IV.
SEC. 3. The house of representatives shall consist of not less than sixty-four nor more than one hundred members. Representatives shall be chosen for two years and by single districts, which shall contain as nearly as may be an equal number of inhabitants and shall consist of convenient and contiguous territory; but no township or city shall be divided in the formation of a representative district. When any town- ship or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as shall be prescribed by law, divide the same into representative districts equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county a description of such representative districts, specifying the number of each district and population thereof according to the last preceding enumeration.
Sec. 3, Art. IV. The words "exclusive of persons of Indian descent who are not civilized or are members of any tribe" omitted.
SEC. 4. At the session in nineteen hundred thirteen, and each tenth year thereafter, the legislature shall by law rearrange the senatorial districts and apportion anew the representatives among the counties and districts according to the number of inhabitants, using as the basis for such apportionment the last preceding United States census of this state. Each apportionment so made, and the division of any county into repre - sentative districts by its board of supervisors, made thereunder, shall not be altered until the tenth year thereafter.
Sec. 4, Art. IV. This section abolishes the state census and bases the decennial apportionment of representatives upon the United States census.
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CONSTITUTION OF THE STATE OF MICHIGAN.
SEC. 5. Each senator and representative shall be a citizen of the United States and a qualified elector of the district he represents, and his removal from the district shall be deemed a vacation of the office.
No change from Sec. 5, Art. IV, except in phraseology.
SEC. 6. No person holding any office under the United States or this state or any county office, except notaries public, officers of the militia and officers elected by town- ships, shall be eligible to or have a seat in either house of the legislature; and all votes given for any such person shall be void.
No change from Sec. 6, Art. IV.
SEC. 7. No person elected a member of the legislature shall receive any civil appoint- ment within this state or to the senate of the United States from the governor, except notaries public, or from the governor and senate, from the legislature, or any other state authority, during the term for which he is elected. All such appointments and all votes given for any person so elected for any such office or appointment shall be void. No member of the legislature shall be interested directly or indirectly in any contract with the state or any county thereof, authorized by any law passed during the time for which he is elected, nor for one year thereafter.
Sec. 18, Art. IV.
SEC. 8. Senators and representatives shall in all cases, except for treason, felony or breach of the peace, be privileged from. arrest during sessions of the legislature and for fifteen days next before the commencement and after the termination thereof. They shall not be subject to any civil process during the same period. They shall not be questioned in any other place for any speech in either house.
This modifies Sec. 7, Art. IV so as to limit the privilege from arrest to sessions of the legislature and for 15 days next preceding the commencement and 15 days after the termination thereof. No other change except in phraseology.
SEC. 9. The compensation of the members of the legislature shall be eight hundred dollars for the regular session. When convened in extra session their compensation shall be five dollars per day for the first twenty days and nothing thereafter. Mem- bers shall be entitled to ten cents per mile and no more for one round trip to each regular and special session of the legislature by the usually traveled route. Each member shall be entitled to one copy of the laws, journals and documents of the legislature of which he is a member, but shall not receive, at the expense of the state, books, news- papers or perquisites of the office not expressly authorized by this constitution.
Sec. 15, Art. IV. General revision.
SEC. 10. The president of the senate and speaker of the house of representatives shall be entitled to the same compensation and mileage as members of the legislature and no more.
No change in meaning from Sec. 17, Art. IV.
SEC. 11. In case of a contested election, compensation and mileage shall be paid only to the person declared to be entitled to a seat by the house in which the contest takes place.
No change from. Sec. 29, Art. IV, except in phraseology.
SEC. 12. The election of senators and representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of Novem- ber, nineteen hundred ten, and on the Tuesday succeeding the first Monday of November of every second year thereafter.
Sec. 34, Art. IV.
SEC. 13. The legislature shall meet at the seat of government on the first Wednes- day in January, nineteen hundred nine, and on the first Wednesday in January in every second year thereafter, and at no other place or time unless as provided in this con-
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stitution; and shall adjourn without day, at such time as shall be determined by con- current resolution, at twelve o'clock noon.
Revision of Secs. 32 and 33, Art. IV. No change in effect except date.
SEC. 14. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
Sec. 8, Art. IV.
SEC. 15. Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a majority of the members elected from discharging a committee from the further consideration of any measure. Each house shall judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. The reasons for such expulsion shall be entered upon the journal, with the names of the members voting on the question. No member shall be expelled a second time for the same cause.
Revision of Sec. 9, Art. IV. This section places control of all bills in the hands of the majority.
SEC. 16. Each house shall keep a journal of its proceedings and publish the same, except such parts as may require secrecy. The yeas and nays of the members of either house on any question shall be entered on the journal at the request of one-fifth of the members present. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason for his dissent entered on the journal.
Sec. 10, Art. IV. Word "elected" changed to "present."
SEC. 17. In all elections by either house or in joint convention the votes shall be given viva voce. All votes on nominations to the senate shall be taken by yeas and nays and published with the journal of its proceedings.
No change from Sec. 11, Art. IV.
SEC. 18. The doors of each house shall be open unless the public welfare requires secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the legislature may then be in session.
No change from Sec. 12, Art. IV.
SEC. 19. All legislation shall be by bill and may originate in either house of the legislature.
New. Sec. 13, Art. IV.
SEC. 20. The style of the laws shall be: "The People of the State of Michigan enact."
No change from Sec. 48, Art. IV.
SEC. 21. No law shall embrace more than one object, which shall be expressed in its title. No law shall be revised, altered or amended by reference to its title only; but the act revised and the section or sections of the act altered or amended shall be re-enacted and published at length. No act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, except that the legislature may give immediate effect to acts making appropriations and acts immediately necessary for the preservation of the public peace, health or safety by a two- thirds vote of the members elected to each house.
Appropriation bills and acts necessary for the preservation of the public peace, health or safety only can be given immediate effect. Secs. 20 and 25, Art. IV.
SEC. 22. No bill shall be passed or become a law at any regular session of the legis- lature until it has been printed and in the possession of each house for at least five days. No bill shall be passed at a special session of the legislature on any other subjects than those expressly stated in the governor's proclamation or submitted by special message.
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No bill shall be altered or amended on its passage through either house so as to change its original purpose.
New.
SEC. 23. Every bill shall be read three times in each house before the final passage thereof. No bill shall become a law without the concurrence of a majority of all the members elected to each house. On the final passage of all bills, the vote shall be by yeas and nays and entered on the journal.
Words "joint resolution" omitted. Sec. 19, Art. IV.
SEC. 24. The assent of two-thirds of the members elected to each house of the legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.
No change from Sec. 45, Art. IV.
SEC. 25. Fuel, stationery, blanks, printing and binding for the use of the state shall be furnished under contract or contracts with the lowest bidder or bidders who shall give adequate and satisfactory security for the performance thereof. The legis- lature shall prescribe by law the manner in which the state printing shall be executed and the accounts rendered therefor; and shall prohibit all charges for constructive labor. It shall not rescind nor alter such contract, nor release the person or persons taking the same or his or their sureties from the performance of any of the conditions of the contract. No member of the legislature nor officer of the state shall be interested directly or indirectly in any such contract.
No change from Sec. 22, Art. IV, except in phraseology.
SEC. 26. The legislature may authorize the employment of a chaplain for each of the state prisons; but no money shall be appropriated for the payment of any religious services in either house of the legislature.
Sec. 24, Art. IV.
SEC. 27. The legislature may authorize a trial by a jury of a less number than twelve men.
No change from Sec. 46, Art. IV.
SEC. 28. The legislature may provide by law for indeterminate sentences, so called, as a punishment for crime, on conviction thereof, and for the detention and release of persons imprisoned or detained on said sentences.
No change from Sec. 47, Art. IV, except in phraseology.
SEC. 29. The legislature shall have power to enact laws relative to the hours and conditions under which women and children may be employed.
New.
SEC. 30. The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general act can be made applicable shall be a judicial question. No local or special act shall take effect until approved by a majority of the electors voting thereon in the district to be affected.
New.
SEC. 31. The legislature shall not authorize by private or special law the sale or conveyance of any real estate belonging to any person.
Sec. 23, Art. IV. Last clause of above section transferred to Sec. 27, Art. VIII of this constitution.
SEC. 32. Divorces shall not be granted by the legislature.
No change from Sec. 26, Art. IV.
SEC. 33. The legislature shall not authorize any lottery nor permit the sale of lottery tickets.
No change from Sec. 27, Art. IV.
SEC. 34. The legislature shall not audit nor allow any private claim or account. No change from Sec. 31, Art. IV.
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SEC. 35. The legislature shall not establish a state paper.
No change from Sec. 35, Art. IV.
SEC. 36. Every bill passed by the legislature shall be presented to the governor before it becomes a law. If he approve, he shall sign it; if not, he shall return it with his objections to the house in which it originated, which shall. enter the objections at large upon its journal and reconsider it. On such reconsideration, if two-thirds of the members elected agree to pass the bill, it shall be sent with the objections to the other house, by which it shall be reconsidered. If approved by two-thirds of the members elected to that house, it shall become a law. In such case the vote of both houses shall be determined by yeas and nays and the names of the members voting for and against the bill shall be entered on the journals of each house, respectively. If any bill be not returned by the governor within ten days, Sundays excepted, after it has been presented to him, it shall become a law in like manner as if he had signed it, unless the legislature, by adjournment, prevents its return, in which case it shall not become a law. The governor may approve, sign and file in the office of the secretary of state within five days, Sundays excepted, after the adjournment of the legislature any bill passed during the last five days of the session, and the same shall become a law.
Revision of Sec. 14, Art. IV. Abolishes distinction between concurrent and joint resolutions.
SEC. 37. The governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items; and the part or parts approved shall be the law; and the item or items disapproved shall be void, unless re-passed according to the rules and limitations prescribed for the passage of other bills over the executive veto.
New.
SEC. 38. Any bill passed by the legislature and approved by the governor, except appropriation bills, may be referred by the legislature to the qualified electors; and no bill so referred shall become a law unless approved by a majority of the electors voting thereon.
New.
SEC. 39. All laws enacted at any session of the legislature shall be published in book form within sixty days after the final adjournment of the session, and shall be distributed in such manner as shall be provided by law. The speedy publication of such judicial decisions as may be deemed expedient shall also be provided for by law. All laws and judicial decisions shall be free for publication by any person.
Sec. 36, Art. IV.
SEC. 40. No general revision of the laws shall hereafter be made. Whenever neces- sary, the legislature shall by law provide for a compilation of the laws in force, arranged without alteration, under appropriate heads and titles. Such compilation shall be prepared under the direction of commissioners, appointed by the governor, who may recommend to the legislature the repeal of obsolete laws and shall examine the compilation and certify to its correctness. When so certified, the compilation shall be printed in such manner as shall be prescribed by law.
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