USA > Michigan > Michigan official directory and legislative manual for the years 1909-1910 > Part 56
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(a) By Section 9, Article V of the constitution, the compensation of the members of the legislature is fixed at eight hundred dollars for the regular session, and five dollars per day for the first twenty days when convened in extra session. No allowance is made for stationery and newspapers.
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house of representatives shall be entitled to receive five dollars for stationery and news- papers. The per diem compensation of the secretary of the senate shall be ten dollars; of the first assistant secretary, six dollars; of the second assistant secretary, six dollars; of the financial clerk and secretary's messenger, five dollars; of the proof-reader, six dollars; assistant proof-reader, who shall be a stenographer, five dollars; of the sergeant- at-arms, five dollars; which compensation shall be in full for all services performed during any regular or special session of the legislature, for which they are elected by the senate or appointed by a superior officer. - The per diem compensation of the clerk of the house shall be ten dollars; of the journal clerk, seven dollars; of the bill clerk, six dollars; of the reading clerk, six dollars; of the financial clerk, six dollars; of the proof-readers, six dollars; of the sergeant-at-arms, five dollars; which compensation shall be in full for all services performed during any regular or special session of the legislature for which they are elected by the house or appointed by a superior officer. The per diem compensation of the clerks employed with the consent of the senate or house of representatives or by any standing or special committee with the consent of either of said houses, shall be three dollars each for actual attendance during the session; the per diem compensation of the janitors of the senate and house of representatives and their authorized assistants, the keeper of the cloak room, and the keeper of the document room, and their authorized assistants, and of the postmaster of the legislature, shall be three dollars; and that of the messengers two dollars for the time actually em- ployed in attendance during the session; and all officers and employes of either house shall receive mileage at the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capitol by the usually traveled route. [Am. 1901, Act 175; 1907, Act 85.]
§ 13. SEC. 3. Such sums as may be due under the provisions of this act, to the secretary of the senate and the clerk of the house of representatives, shall be certified by the presiding officers of the respective houses, and countersigned by the auditor general; and such sums as may be due the president of the senate and the speaker of the house of representatives shall be certified by the secretary or clerk of the respective houses, and countersigned by the auditor general; and such sums as may be due to the members and other officers of either house, shall be certified by the secretary or clerk and the presiding officers of the respective houses, and countersigned by the auditor general; and the state treasurer, upon the presentation of any such certificate, counter- signed as provided in this section, is hereby authorized and directed to pay the same.
The president of the senate and speaker of the house have the same compensation as members; and are not by virtue of their offices entitled to any additional per diem or mileage. People v. Whittemore, 2 Mich. 306.
AN ACT to prescribe the qualifications, duties and compensation of the clerk of the judiciary committee and law clerk of the senate and the senate stenographer, and the clerk of the judiciary committee and law clerk and the speaker's messenger of the house.
[Act No. 255, P. A. 1905.] The People of the State of Michigan enact:
SECTION 1. The clerk of the judiciary committee of the senate shall be a lawyer of at least five years' actual experience in the practice of his profession in this state. Said clerk shall be the law clerk of the senate and shall be at the disposal of the senate for legal advice and assistance when not engaged with the work of the judiciary com- mittee.
SEC. 2. The clerk of the judiciary committee of the house, from and after January first, nineteen hundred seven, shall be a lawyer of at least five years' actual experience in the practice of his profession in this state. Said clerk shall be the law clerk of the house and shall be at the disposal of the house for legal advice and assistance when . not engaged with the work of the judiciary committee.
SEc. 3. The senate stenographer shall be a stenographer of at least three years' actual experience as such.
SEC. 4. From and after the first day of January, nineteen hundred five, the per chem compensation of such clerk of the judiciary committee and law clerk of the senate
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shall be six dollars, and of the senate stenographer five dollars and of the speaker's messenger of the house of representatives three dollars for actual attendance during the session, which shall be in full for all services performed during any regular or special session of the legislature. From and after the first day of January, nineteen hundred seven, the per diem compensation of such clerk of the judiciary committee and law clerk of the house shall be six dollars for actual attendance during the session which shall be in full for all services performed during any regular or special session of the legislature. Each shall receive mileage at the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capitol by the usually trav- eled route.
SEC. 5. Payment of any sum due under the provisions of this act shall be governed by the provisions of compiler's section number thirteen of the Compiled Laws of eighteen hundred ninety-seven.
POWERS, PRIVILEGES, ETC.
(a) [Compiled Laws 1897, §§ 34-38.]
§ 34. SECTION 1. No officer of the senate or house of representatives, while in actual attendance upon the duties of his office, shall be liable to arrest on civil process. See Const. Mich., Art. 5, Sec. 8. As to service upon an officer of process not requiring arrest, see Case v. Rohrbacher, 15 Mich. 537.
§ 35. SEC. 2. Each house may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but only for one or more of the following offenses, to wit:
1. The offense of arresting a member or officer of the house or procuring such mem- ber or officer to be arrested, in violation of his privilege from arrest.
2. That of disorderly conduct in the immediate view of the house, and directly tending to interrupt its proceedings.
3. That of refusing to attend or be examined as a witness, either before the house or a committee, or before any person authorized by the house or by a committee, to take testimony in legislative proceedings.
4. That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means or device, directly or indirectly to control or influence a mem- ber in giving his vote, or to prevent his giving the same; but the term of imprisonment which such house may impose for any contempt specified in this section shall not ex- tend beyond the same session of the legislature.
In Southworth v. Palmyra & J. R. Co., 2 Mich. 287, the word "house" was construed to mean the members present and doing business; there being a quorum, an action by a majority of those present is action by the "house." As to power and manner of punishing witnesses for refusing to appear and testify. Burnham v. Morrissey, 14 Grey 226.
§ 36. SEC. 3. Every person who shall be guilty of any contempt specified in the preceding section, shall also be deemed guilty of a misdemeanor, and on convic- tion thereof shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court.
(a) Except as restricted by the constitution of the state and of the United States, the powers of the legislature to enact binding laws seem not to be limited. Scott v. Smart's Ex'rs, 1 Mich. 307; Williams v. Mayor, 2 Mich. 560; People v. Gallagher, 4 Mich. 244; Sears v. Cottrell, 5 Mich. 258. But it cannot make valid retrospectively what it could not originally have authorized. Butler v. Supervisors, 26 Mich. 22. The legislature has such judicial powers only as are incident and essential to the discharge of its legislative functions; as in determining upon the election and qualification of its members, and in punishing for contempts. In such cases its determinations are con- clusive. F. & F. P. R. Co. v. Woodhull, 25 Mich. 104; People v. Mahaney, 13 Mich. 493. But it cannot exercise any of the judicial powers apportioned to any other de- partment. It cannot dictate to the courts what their judgment shall be, or set them aside when rendered, or give new hearings. Butler v. Supervisors of Saginaw, 26 Mich. 27; Sutherland v. Governor, 29 Mich. 325; Cash's Appeal, 6 Mich. 193.
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§ 37. SEC. 4. The oath -of office of any member or officer of the senate or house of representatives may be administered by and taken and subscribed before the chan- cellor (a), any justice of the supreme court, the lieutenant governor, the president pro tempore of the senate, or the speaker of the house of representatives.
§ 38. SEC. 5. Any senator or representative, while acting as a member of a com- mittee of the legislature, or either branch thereof, shall have authority to administer oaths to such persons as shall be examined before the committee of which he is a member.
MEETING AND ORGANIZATION. [Compiled Laws of 1897, §§ 4-9.]
§ 4. SECTION 1. The People of the State of Michigan enact, That it shall be the duty of the secretary of state, on the day prior to any regular session of the legislature, to deliver to the secretary, or in case of his death or inability, then to the assistant secretary of the preceding senate, also to the clerk, or in case of his death or inability, . then to the journal clerk of the next preceding house of representatives, a true and correct list of all the members elect of each house, as transmitted to him by the clerks of the several counties of the state, and in such list shall designate the senators and representatives by their respective districts.
§ 5. SEC. 2. The members elect of the senate and house of representatives shall convene in their respective houses at the state house at Lansing at 12 o'clock noon on the first Wednesday of January next succeeding their election, and proceed to the organization of their respective houses, in accordance with the provisions of this act, and no other business shall be in order until they shall have completed such organization.
§ 6. SEC. 3. In case the lieutenant governor is absent, or unable to perform the duties of his office, it shall be the duty of the secretary of the preceding senate to call to order and preside over the senate, until the lieutenant governor appears, or a presi- dent pro tempore is elected, and such secretary shall act as secretary of the senate until his successor is elected; and in calling the roll of the senate before the permanent organ- ization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided for in the preceding sec- tion, and he shall not call any other or different names.
§ 7. SEC. 4. It shall be the duty of the clerk of the next preceding house of rep- resentatives to call to order and preside over the house until a speaker, or speaker pro tempore, is elected, and he shall act as clerk of the house until his successor is elected ; and in calling the roll of the house, before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided in the first section of this act, and he shall not call any other or different names.
§ 8. SEC. 5. In case of a vacancy in the office of the secretary of the senate, or clerk of the house, or of the absence or inability of either to perform the duties imposed by this act, such duties shall devolve upon the assistant secretary of the senate or journal clerk of the house of the next preceding senate or house of representatives.
§ 9. SEC. 6. In case the president of the senate or one of the judges of the supreme court cannot attend to administer the oath of office, the officers required by this act to organize meetings of the legislature are hereby authorized to administer the oath of office prescribed by the constitution of this state, to the members elect of their re- spective houses.
DRAWING OF SEATS BY MEMBERS OF THE HOUSE OF REPRESENT- ATIVES.
[Compiled Laws 1897, § 10.]
§ 10. SECTION 1. The People of the State of Michigan enact, That upon the organ- ization of the house of representatives upon the first day of the session, the seats in the hall of the house shall be selected by the members by lot in a manner as follows:
(a) The office of chancellor was abolished in 1847.
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Upon the convening of the legislature, it shall be the duty of the clerk, as soon as the first roll call is made and the seats vacated, to place on his desk one hundred slips, on which are written each representative's name in alphabetical order, as certified to by the secretary of state, and opposite each name the numbers in consecutive order from one to one hundred. A box shall be provided, in which shall be deposited one hundred white balls, which shall be numbered consecutively from one to one hundred. A boy, to be selected by the clerk, then being blindfolded shall draw from the box one ball and hand it to the clerk. who shall announce in a clear voice the number on the ball, and the clerk shall call the representative's name found on the slip opposite the cor- responding number, who shall at once take the seat of his choice, not previously selected, and remain in the seat until all of the one hundred numbers have been called: Pro- vided, That any member necessarily absent on the first day of the session may, in writing, appoint another member to choose a seat for him, and if no one appears for such absent member, then the clerk of the house shall make a selection for him when his number is drawn.
ELECTION OF UNITED STATES SENATORS. [Compiled Laws 1897, §§ 1144-1146.]
§ 1144. SECTION 1. The People of the State of Michigan enact, That the legislature which shall be chosen next preceding the expiration of the time for which any senator was elected to represent this state in the congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in the place of such senator so going out of office, in the following manner: Each house shall openly, by a viva voce vote of each member present, name one person for senator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint convention, and the journal of each house shall then be read; and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected a senator to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint convention shall then proceed to choose by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint convention, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such a majority on the first day, the joint convention shall meet at twelve o'clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote until a senator shall be elected.
§ 1145. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States, the legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during a session of the legislature, then on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid.
§ 1146. SEC. 3. It shall be the duty of the governor, upon the election of a senator as herein provided, to certify his election to the president of the senate of the United States, which certificate shall be countersigned by the secretary of state, under the seal of the state. He shall also deliver by mail or otherwise, a like certificate to the person so elected senator,
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SENATE RULES.
[Adopted January 14, 1909.]
RULE 1. The first order of business shall be the correction of the journal of the preceding day.
PRESIDENT.
RULE 2. The president shall preside over all sessions of the senate, or in his absence, the president pro tempore. The president or in his absence the president pro tem. shall have the right to name any senator to act as presiding officer, and such senator, during the time specified, shall exercise all the powers of the president.
RULE 3. The president shall decide all questions arising under the senate rules and general parliamentary practice, subject to an appeal, which appeal shall be de- termined by a majority of the senators present and voting.
RULE 4. The president, unless otherwise directed, shall appoint all committees.
SECRETARY.
RULE 5. It shall be the duty of the secretary of the senate to keep a correct journal of each day's proceedings, and to have the same printed and copies thereof placed upon the files of the president, senators, reporters, and in the several committee rooms.
RULE 6. The secretary shall appoint as assistants in the performance of the duties required of him, first and second assistant secretaries, a proofreader, an assistant proof- reader, a stenographer, and a financial clerk and messenger, each one of whom shall be subject to the orders of the secretary and to summary removal by him on failure to prop- erly perform the duties assigned him, such removal and the reasons therefor to be reported forthwith to the senate. In case of inability of the secretary, from sickness or other cause, to perform the duties of his office temporarily, the assistant secretary designated by him, shall be charged with the responsibility of the secretary and shall perform his duties.
RULE 7. The secretary of the senate shall make a list of all bills, resolutions, reports of committees, and other proceedings of the senate. All bills referred to the committee of the whole, and not made a special order, shall constitute the general orders, and be considered in the order of their reference, unless the senate or committee of the whole shall otherwise determine. The secretary shall prepare and place on the desk of each senator a list of the business under each order of business each day, whenever in his judgment there is a sufficient amount of business. on hand to warrant the printing of such list. As soon as may be after the announcement of the standing committees of the senate, he shall have prepared a directory which shall show a list of the senators, witlı number of the district of each, his county, home postoffice, Lansing address, nativity, and profession or occupation; a list of counties, showing senators representing the same; a list of standing committees of the senate, showing membership thereof; the assign- ment of committee rooms and the committees in each group; a list of officers and em- ployes of the senate; and such other matter as he deems advisable.
RULE 8. The secretary shall each day make a file of all bills ordered to a third read- ing, and they shall be placed on such file in the order in which they were so ordered. He shall be responsible to the senate for the care and preservation of every bill intro- duced in the senate, and for each bill received from the house up to the time of its return to that body, which responsibility shall only be relieved by a receipt from a proper person when the bill is necessarily in the hands of a committee for consideration. When a bill has been finally passed by the two houses he shall attend to the enrollment printing of the same, in accordance with the statute relating thereto, and present the same to the governor, taking a receipt therefor, showing the day and hour at which each bill was deposited in the executive office. He shall also deposit with the secretary of state the original of the enrolled bill and take his receipt therefor.
RULE 9. The secretary shall number every bill in the order of its introduction.
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The number so given shall be known as the senate bill numbers. All bills shall be printed upon the recommendation of the committee having the same in charge or upon the request of the senator introducing the same. Every bill shall have been printed and in possession of the senate at least five days before the vote on the final passage of the same is taken. Notice of such printing and filing in the document room of the senate shall be reported by the secretary each day and entered on the journal. When bills are printed the secretary shall give to each another number in the order in which printed. Such numbers shall be known as the file numbers. He shall also cause to be printed at the head of every bill ordered printed, the number of the same, the file number, the name of the senator introducing the bill, the date of introduction and if reported by a committee, the name of the committee reporting, and the character of the report.
RULE 10. The secretary shall keep a record of all senate bills and of all house bills received by the senate, in which record he shall enter the title, number of the bill and the name of the senator or member introducing each such bill and the committee to whom the same is referred. . He shall also make an entry therein of every disposition made of each bill and the date thereof. He shall also make an index of all bills intro- duced in the senate, and of all bills received from the house referring to the same by their numbers.
SERGEANT-AT-ARMS.
RULE 11. The sergeant-at-arms shall be the chief police officer of the senate. He shall have charge of the keepers of the cloak and committee rooms, janitors and mes- sengers, and control of all police regulations. He shall attend to the heating, lighting and ventilation of the senate chamber, committee rooms and connecting corridors. He shall serve all subpoenas and warrants issued by the senate or any duly author- ized officer or committee. In case of sickness the president of the senate shall name one of the assistant sergeants-at-arms to perform the duties of sergeant.
DUTIES OF SENATORS.
RULE 12. No senator shall absent himself from the senate without leave first obtained.
RULE 13. Smoking shall not be allowed in the senate chamber during the time the senate is in session, except in committee of the whole, and the presiding officer shall strictly enforce this rule.
RULE 14. Every senator, when he arises to speak, shall address the chair, standing at his desk. No senator shall speak more than twice in any one debate on the same day, without leave of the senate, except chairmen of committees upon matters reported by them.
RULE 15. When two or more senators rise at the same time, the president shall name the senator who is first to speak.
ORDER OF BUSINESS.
RULE 16. After the correction and approval of the journal, the order of business shall be as follows:
Messages from the governor.
Communications from state officers.
Announcements from the secretary.
Presentation of petitions.
Motions and resolutions.
Reports of standing committees.
Reports of select committees.
Messages from the house.
Notices.
Introduction of bills.
Unfinished business.
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Special orders of the day. General orders. Third reading of bills.
STANDING COMMITTEES.
RULE 17. The following standing committees shall be appointed at the commence- ment of a regular session, the first-named senator to be the chairman: Agricultural college. Agricultural interests.
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