Michigan official directory and legislative manual for the years 1909-1910, Part 78

Author: Michigan. Dept. of State. cn
Publication date: 1909
Publisher: Lansing : [State of Michigan]
Number of Pages: 1016


USA > Michigan > Michigan official directory and legislative manual for the years 1909-1910 > Part 78


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The agricultural division has charge of the collection, compilation and publication of statistics upon agricultural products. The department, through this division, 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.


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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 super- vision of the agricultural division.


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 constitutes the business of the division.


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.


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 three hundred thousand dollars, with three or more sureties, or one or more surety companies, to be approved by the attorney general and commis- sioner of insurance. .


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 VI, section 20 of the constitution, a member of the board of state auditors, board of state canvassers, board of fund commissioners, board of escheats, and by law a member of the board of equalization, of control of state swamp lands and of claims growing out of sales of public lands.


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 empowered by law to transact all duties appertaining to that 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; examines 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 thereon, and where payable, and files all cancelled bonds in his office; audits and files accounts of state institutions; receives and files bonds of registers in chancery, plats of towns,


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cities and villages, reports of telegraph, telephone, canal and plank road companies; approves bonds of county treasurers, the commissioner of insurance, and treasurers of various state institutions; prepares and furnishes blanks for the use of state institu- tions, county treasurers and others; makes annual report to the governor; is a member of the state board of equalization, the board of control of state swamp lands, and board of internal improvements. 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- portionment to the clerks of boards of supervisors; to prepare and file his 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 between 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 payments, 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 com- panies of the state, fast freight line companies and express companies and to proceed under 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 received and paid into the state treasury among the various counties of the state as a part of the primary school interest fund.


The deputy has the general supervision of the clerks and employes and of the business 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 canvassers, board of control for reclamation of state swamp lands, and forestry com- mission.


The deputy commissioner has immediate and personal charge and supervision of the routine work of the department, 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 of the board of control of state swamp lands. 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.


The 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 superintendents 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; directs the supervision of county normal training classes; examines and audits the official records and accounts of any school district ; may require all school districts to maintain school or provide educational facilities for all children resident in the district ; delivers lectures on educational subjects; appoints visitors to the state university and all chartered educational institutions; is a member and secretary of the state board of education; is ex-officio a member of all other boards having control of public instruction and is also a member of the state board of geological survey.


The 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 superintendent 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 April election. The superintendent of public instruction is a member and secretary of the board. The state board of education is a body cor- porate 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 select 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 insur- ance 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 condition, and in case of an insolvent concern to apply to the proper court for the appointment 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 financial 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.


Co-operative societies of this state were first required to report to the commissioner in the year 1883, and to obtain a license, which the officer has the power to revoke whenever he finds an association insolvent or fraudulently conducting its business. He has similar duties in regard to such societies from other states which can, however, only be licensed upon making a showing, to the satisfaction of the commissioner, of their ability to pay their certificates to the full limit named therein.


Fraternal beneficiary associations under Act No. 119, laws of 1893, are required to report their business to this department and to obtain a license to transact business in this state, which may be revoked for cause at any time.


The commissioner may employ a deputy and a chief clerk to discharge such duties as he may assign and such other additional or extra clerks as in his discretion the work of the office may require. It is the business of this office to make valuations yearly


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of the policies of life insurance companies and to investigate and prosecute offenders who act within the state for outside corporations not duly admitted and authorized to do business here.


MICHIGAN RAILROAD COMMISSION.


This commission was created by Act No. 312, public acts of 1907. Under its pro- visions three commissioners were appointed to serve until January 15, 1909, and in January, 1909, were reappointed, one for two years, one for four years, and one for six years, and upon the expiration of their respective terms of office the governor shall appoint, by and with the advice of the senate, a commissioner for the term of six years. Under the provisions of the act the duties heretofore performed by the commissioner of railroads, the railroad and street crossing board, the crossing board and the board of railway consolidations, are now performed by the Michigan Railroad Commission.


It is the duty of the commission generally to examine into the conditions and manage- ment of the business of the railroads, urban, suburban and interurban railways in the state, except the lines of street railway wholly within the corporate limits of a city, so far as the same affects or relates to the interests of the public, and to ascertain whether such railroad or railway companies and their officers and employes comply with the laws of the state in force concerning them. It is also their duty to require annual reports from all railroad companies and interurban companies doing business in the state showing their condition and traffic operations for the year ending June 30 of each year; to require a copy of all tariffs issued to be filed with it, to inspect and examine the tracks, bridges, buildings and other structures so as to know that they are in a safe and effective condition, and managed in accordance with the police regulations of the state; to order automatic electric bell alarms, safety gates or flagmen at highway and street crossings; to provide farm and residence crossings; to order, inspect and determine upon the sufficiency of all fences and to provide the manner of constructing the same; to provide for proper drainage; to provide for and inspect suitable stations and station facilities and require sufficient train service to transact the public business and for the convenience of the public; to require and receive reports of all accidents resulting in loss of life, injuries, or loss of property or damage to equipment where it is of sufficient importance to report, and to investigate the cause of same; to direct the erection of safety guards at overhead obstructions; to provide for the protection of all crossings of railroads with railroads, and with railroads and electric lines; to ap- prove all maps for extension or construction of railroads; to regulate the speed of trains upon defective tracks and to stop them entirely if in its judgment the public safety requires; to provide for a uniform system of accounts for all railroad and in- terurban corporations of the state; to regulate rates for transportation of passengers and freight according to the laws of the state; to direct prosecutions for infractions of the railroad laws; to order hearings of the various complaints to determine the facts at issue and to determine the proper remedy in justice to all parties concerned and generally to require obedience to all laws pertaining to railroads. The commission shall make an annual report to the governor of its findings, decisions, determinations and investigations, and of all moneys expended by it or on its order, and make such recommendations as shall seem to it desirable on the conduct of the railroad business in the state.


The commission is empowered to appoint a secretary, chief clerk and statistician, a mechanical engineer, clerks and inspectors, to carry out the provisions of the act creating the commission.


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DEPARTMENT OF LABOR STATISTICS.


The commissioner of labor is appointed under the provisions of Chap. 113, C. L. 1897. He holds his office for a term of two years, by appointment of the governor, by and with the advice and consent of the senate and until his successor is appointed and qualified.


The commissioner shall appoint a deputy, and may appoint such other assistants from time to time as shall be necessary for the transaction of the business of his office. Said commissioner, with his deputy, and the secretary of state, who shall be ex-officio a member thereof, shall constitute a bureau of statistics of labor.


The duties of such bureau shall be to collect, systematize, print and present in an annual report to the governor, all such statistical details relating to all departments of labor in the state as such bureau may be able to gather, accompanied by such recom- mendations relating thereto as shall be deemed proper.


Act. 113, public acts of 1901, provides for factory inspection, making the commis- sioner of labor chief inspector, with authority to appoint as many deputy inspectors as may be necessary: Act 57, public acts of 1899, places the inspection of coal mines under the supervision of the commissioner. Act 37, public acts of 1905, provides for the establishment of free employment bureaus under the supervision of the commis- sioner.


STATE BANKING DEPARTMENT.


The commissioner is appointed under the provisions of Act No. 205, public acts of 1887. He is appointed by the governor, by and with the advice and consent of the senate, and holds his office for the term of four years. He may appoint a deputy, who shall possess the powers and perform the duties attached by law to the office of the com- missioner during a vacancy in such office, and during the absence or inability of his principal. He may also employ from time to time such clerks and examiners to assist him and his deputy in the discharge of the several duties imposed upon him as he shall deem necessary.


It is the duty of the commissioner to supervise the business of banks and trust com- panies incorporated under the state law, to examine two or more times each year the cash, bills, collaterals or securities, books of account, condition and affairs of each bank under the law, and also when requested by the board of directors of any bank. He shall also astertain whether the bank transacts its business in the place designated in the articles of incorporation, and whether its business is conducted in the manner prescribed by law.


LIBRARY DEPARTMENT.


. STATE LIBRARIAN.


The librarian has the custody and charge of the library and the affairs pertaining thereto; makes a biennial report to the legislature, at the commencement of each regular session thereof, as to the condition and the number and description of the volumes contained in the library; enforces the rules and regulations; prepares and publishes a biennial supplement to the catalog of books in the library; is required to prepare or cause to be prepared a manuscript card catalog of all the books and pamphlets in the library; lias charge of the exchanging with other libraries, societies and institutions, the judicial decisions, statutes, journals and other books placed in the library for that purpose; may sell or exchange duplicate volumes or sets of works not needed for use in the library, and apply the proceeds to the purchase of other books for the library. The librarian has charge of the traveling and associate library system in the state, and is at the head of the department of registration of granges and women's clubs.


The librarian is authorized to expend the money appropriated by the legislature for the purchase of books for the library, with the advice and consent of the governor; has the exchange and distribution of Michigan supreme court reports; and is ex-officio


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a member of the board of state library commissioners. The legislative reference and information department is under the supervision of the librarian. Before entering upon the duties of the office the librarian is required to give a bond of ten thousand dollars, with sureties to be approved by the secretary of state, and file the same with receipt for all property entrusted to the care of the librarian, in the office of the secretary . of state.


ABSTRACT OF RULES OF STATE LIBRARY.


The Michigan state library is open every day except Sundays and legal holidays. During the sessions of the legislature and supreme court, from 8 o'clock a. m. to 9 p. m .; at other times from 8 a. m. to 12 m., and 1:30 p. m. to 5 p. m. On Saturdays to 4 p. m.


The library is one of reference, and under the traveling and associate library system is a circulating one.


All persons are permitted to visit the library and consult and read the books and magazines.


Members and officers of the legislature, state officers and clerks in the several depart- ments, judges of the supreme court, resident members of the board of regents, and members of state boards, the president of the Agricultural College, and the superin- tendents of the Industrial School and School for the Blind are permitted to take books from the library. Lawyers in attendance on the supreme court in the capitol will be permitted to take law books into the supreme court room.


' Books must not be taken from the seat of government.


Not more than two books can be taken by any person at one time.




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