USA > Michigan > Michigan official directory and legislative manual for the years 1911-1912 > Part 52
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448
Dwight Davis.
459
John Hanlon .
460
Fourth District.
Edwin M. Wood ..
Ari E. Woodruff
1,454
James E. Atkinson
Francis X. Burke.
1,473
Charles W. Messer.
439
William A. Rohrer.
Total
2,927
James E. Cole.
1,923
Wesley E. Collins
1,938
Frank Hilinski.
1,921
Airy Joseph Keller.
1,898
Frank W. Knott.
1,922
Edward L. Greer.
1,914
Charles S. Johnson .
1,918
Fourth District. (a).
J. Baptiste Treves.
1,917
Ari E. Woodruff
1,485
Gustav A. Loos
1,915
Francis X. Burke.
1,476
August E. Wolf
1,907
Henry Kummerfeld.
1,952
Total .
2,961
Total.
520,345
Woodruff's majority
1,055
Benjamin R. Hoyt.
17,975
Burnham's majority
189
447
450
435
Burke's majority.
19
Third District.
Fred J. Burnham Charles E. Downing
1,322
Second District.
Lord's plurality . . :
8,511
(a) Recount, succeeded Francis X. Burke January 17, 1911.
522
MICHIGAN MANUAL.
REPRESENTATIVES .- Continued. NOTE .- Each county of this division constitutes one representative district.
ALPENA CO.
Christian A. Oppenborn.
1,203
James L. Sanborn.
759
Francis T. McDonald .
1,409
Total
1,962
Total
3,138
Oppenborn's majority
444
Field's majority.
320
ANTRIM CO.
Harvey S. Amerson
1,022
Dwight S. Morrison
2,472
Dean W. Kelley
1,795
George Sharp.
1
Total
4,267
Total .
1,024
Morrison's majority
677
Amerson's majority
1,020
BARRY CO.
Lee H. Pryor
1,629
C. D. Mason.
1
Henry C. Glasner ..
2,370
I. D. Champion
1
Burdette O. Shattuck
121
Total .
4,120
Glasner's majority
620
DICKINSON CO.
James B. Knight.
1,371
Patrick Flanagan.
1,027
S. W. Leonard Scott.
1,968
Total.
2,398
Knight's majority
344
Straight's majority
714
CASS CO.
George W. Gard .
2.157
Ulysses S. Eby.
1,857
Jasper Şmeltzer.
56
Herman L. Chapman
153
Total .
6,471
Hale's majority
1,001
Gard's majority.
91
EMMET CO.
Dana H. Hinkley
1,274
John Swift .
619
Harvey W. Moser
100
Rudolph R. Miller.
277
Total
2,270
Total .
2,111
Pearson's majority
531
CHEBOYGAN CO.
Albert D. Johnston.
1,013
Herbert Baker.
1,434
John Holland.
1,194
Henry J. A. Todd
1,022
Charles Healy.
415
Total .
2,456
Total
2,622
Baker's majority
412
Holland's plurality
181
CHIPPEWA CO.
Nathaniel L. Field.
1,729
DELTA CO.
Peter Jensen
1,986
Total
1,988
Jensen's majority
1,984
BRANCH CO.
Henry E. Straight.
2,682
Total .
4,650
EATON CO.
Will E. Hale ..
3,736
Ernest G. Davids ..
2,635
Norman D. Marsh
100
Total
4,223
CHARLEVOIX CO.
William J. Pearson
1,321
Zenus A. Young.
183
William R. McCuistion
607
Hinkley's majority
278
GOGEBIC CO.
Cassius Mitchell.
1
CLINTON CO.
523
VOTE FOR STATE REPRESENTATIVES.
REPRESENTATIVES .- Continued.
GRAND TRAVERSE CO.
LIVINGSTON CO
David G. Chandler.
1,242
Charles A. Bugbee.
389
William H. Henderson
239
S. H. Hazzard
102
Total
1,870
Total .
4,873
Chandler's majority
614
Farmer's plurality
89
GRATIOT CO.
MACOMB CO.
Clifton J. Chambers
2,614
John McKay
3,271
Dewitt C. Vought
1,727
James B. Gardner
174
Howard L. Holmes
136
Total
4,515
Total
6,415
Chambers' majority
713
Mckay's majority
127
HILLSDALE CO.
MANISTEE Co.
William H. McFadzen
1,712
Thos. T. Fralick.
1,898
Herman Tritten.
60
Total .
4,389
Joe Tondu.
168
Total .
3,838
Fralick's plurality
186
HURON CO.
Fred L. Woodworth .
2,377
Archibald M. Leetch.
1,023
MASON CO.
Charles Tufts
1,554
Joseph Zeif.
1,182
Total
2,736
Tufts' majority .
372
IONIA CO.
William J. Carbaugh.
2,778
Willis F. Bricker
2,797
MECOSTA CO.
Alexander V. Young.
1,368
Isaac E. Darr. . . .
636
Total.
6,350
Total
2,004
Bricker's plurality
19
Young's majority
732
ISABELLA CO.
Frank H. Dusenbury
2,104
John Northon ..
1,700
Isaac N. Shepherd.
44
Louis J. Leisen.
1,353
Total
3,848
Total.
3,271
Dusenbury's majority
360
Symonds' majority
565
LAPEER CO.
MIDLAND CO.
Chas. W. Smith
2,195
Gilbert A. Currie.
1,165
Alphonso Baldwin.
1,459
Henry Heisman
949
Wheeler Ovaitt .
3
Ralph J. Hyde.
1
Total
3,657
Total .
2.115
Smith's majority
733
Currie's majority
215
Rush W. Reynolds
2,730
William W. Mercer
1,659
Reynolds' majority
1,071
Total
3,400
Woodworth's majority
1,354
Ed. S. Townsend.
775
MENOMINEE CO.
Charles D. Symonds.
1.918
Frank R. Crandall.
2,341
Edwin Farmer
2,430
George W. John.
3,008
524
MICHIGAN MANUAL.
REPRESENTATIVES .- Continued.
MONROE CO.
C. Wesley Kemmerling.
3,276
John M. Perry
1,053
Harry S. Nolte.
730
Elroy N. Loose
105
Total
1,783
Total
6,236
Kemmerling's majority
316
MONTCALM CO.
Martin H. Holcomb
2,250
John Murphy .
1,462
Robert Evans ..
863
Total .
3,113
Holcomb's majority
1,387
SHIAWASSEE CO. John J. Whelan.
3,024
John W. Thorn .
2,255
Emanuel Duttenhofer.
55
George Kinsman .
271
Total .
5,637
Whelan's majority.
411
ST. JOSEPH CO.
Orlando D. Russell
2,407
George W. Schaeffer.
2,299
Total
4,706
Russell's majority.
108
Total
2,232
TUSCOLA CO.
James H. Millikin .
3,124
Sharp's majority
100
Total
3,124
VAN BUREN CO.
Benjamin F. Heckert
2,845
Samuel Odell .
1,587
Isaac Monroe
1,522
Archie D. Himebaugh .
669
Fred E. Miller
96
Total
2,256
Total.
4,463
Odell's majority
918
Heckert's majority
1,227
MUSKEGON CO.
Charles I. Giles.
2,921
James L. Smith.
1,442
George F. Arnold
358
Total
4,689
Giles' majority.
1,153
NEWAYGO CO.
Edward L. Brooks
1,003
James E. Sharp.
1,166
Daniel Truman .
63
SANILAC CO.
Fred E. Dunn
3,417
Total .
4,879
Dunn's majority
1,955
Perry's majority
323
OSCEOLA CO.
Geo. A. Eiesmann
2,855
OCEANA CO.
525
VOTE FOR STATE REPRESENTATIVES.
REPRESENTATIVES .- Continued. NOTE .- Each of the following districts is entitled to one representative. CLARE DISTRICT.
Counties.
George J. Cummins.
Arthur E. Dann.
Totals.
Clare.
887 768
479
1,366
Gladwin
369
1,137
Roscommon ..
302
147
449
Totals.
1,957
995
2,952
Majority
962
IOSCO DISTRICT.
Counties.
William T. Yeo.
James La Berge.
Totals.
Alcona .
544
78 494
1.251
losco.
810
643
1.453
Ogemaw.
683
508
1.191
Totals.
2,794
1,723
4,517
Majority.
1,071
.
622
Arenac.
757
526
MICHIGAN MANUAL.
REPRESENTATIVES .- Continued. IRON DISTRICT.
Counties.
John H. Parks.
James Fyfe.
Martin Fooslind.
Totals.
Baraga.
696
696
Iron .
1,233
1,233
Keweenaw .
684
684
Ontonagon .
1,157
2
1
1,160
Totals .
3,770
2
1
3,773
Majority .
3,767
LEELANAU DISTRICT.
Counties.
Dwight G. F. Warner.
W. H. Beeman.
William L. Case.
Fred Waters.
S. B. Cate.
Totals.
Benzie.
606 578
237 244
2
1
846
Leelanau.
1
/ 823
Totals
1,184
481
2
1
1
1,669
Majority
699
527
VOTE FOR STATE REPRESENTATIVES.
REPRESENTATIVES .- Continued. MISSAUKEE DISTRICT.
Counties.
Freeman L. Decker.
Edward Fagan.
Herbert E. Nowlin.
Charles A. Brott.
Raymond Bentley.
Totals.
Kalkaska.
52
779
Missaukee.
323 1,005
325 308
30 97
49 51
31
1,492
Totals
1,328
633
127
100
83
2,271
Majority .
385
PRESQUE ISLE DISTRICT.
Counties.
J Lee Morford.
James Cameron
Totals.
Crawford .
475
16
491
Montmorency
284
11
295
Oscoda
221
1
Otsego ..
393
5
30%
Presque Isle
974
1,016
Totals.
2,347
75
2,422
Majority
2,272
.
528
MICHIGAN MANUAL.
REPRESENTATIVES .- Concluded. SCHOOLCRAFT DISTRICT.
Counties.
Archibald McEachern.
John Peterson.
Totals.
Alger.
518
1
519
Luce
242
242
Mackinac
825
825
Schoolcraft.
632
632
Totals.
2,217
1
2,218
Majority
2,216
WEXFORD DISTRICT.
Counties.
H. Clay McNitt.
James Bell.
Robert C. Young.
Totals.
Lake.
383
111 529
31 145
525 2,079
Wexford .
1,405
Totals
1,788
640
176
2,604
.
Majority
972
529
THE LEGISLATURE.
OF THE LEGISLATURE.
[Act No. 1, P. A. 1909, as amended by Aet No. 207 of 1909.]
AN ACT to provide the manner of paying the compensation of members of the legis- ,
lature, and to make an appropriation therefor.
The People of the State of Michigan enact:
SECTION 1. The compensation of members of the legislature shall be paid in in- stallments of fifty dollars each, at intervals of ten days, during the time in which the legislature is in regular session, until the total amount of such installments shall equal the sum of eight hundred dollars: Provided, That if the legislature shall fix the date of final adjournment for a time at which the total amount of such installments then paid will not equal such sum, the difference between the amount of the installments already paid and the sum of eight hundred dollars, such difference being hereinafter called a balance, shall be paid upon the day on which the two houses of the legislature cease to transact business. Such installments shall be payable upon vouchers duly certified and countersigned as required by law.
SEC. 2. If, for any reason, the office of a member of the legislature shall, during a regular session, become vacant, and a successor to such member shall be elected and shall qualify for the office, the installments specified in section one of this aet shall be paid to such successor in office from the date of his qualification. Should a balance be payable in such case at the end of the session, such balance shall be paid pro rata to the member then in office and to the former member or his legal representatives. In case a vacancy exists on account of the death of a member, and a successor is not elected or does not qualify for the office, the compensation to which the former member would have been entitled had he not died shall be paid to the legal representatives of such former member in the manner prescribed by section one of this act.
SEC. 3. Such sums as may from time to time be necessary to meet the requirements of this aet are hereby appropriated from any moneys in the general fund in the state treasury not otherwise appropriated.
The auditor general shall incorporate in the state tax for the year nineteen hundred nine, and every year thereafter, an amount sufficient to reimburse the general fund for the amounts appropriated in this act.
(a) [Act No. 3, Laws of 1873.]
AN ACT to provide for the payment of the officers and members of the legislature.
§ 11. SECTION 1. The People of the State of Michigan enact, That there be and hereby is appropriated out of any money in the treasury to the credit of the general fund, a sum sufficient for the payment of the officers and members of the legislature for the present, and each session hereafter.
§ 12. SEC. 2. From and after the first day of January, nineteen hundred one. the compensation of the president and members of the senate, and the speaker and members of the house of representatives, shall be three dollars per day each, for actual attendance, and when absent on account of sickness during the session of the legis- lature, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled route. Each member of the senate and
(a) By Section 9, Artiele 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 sesslon. No allowance is made for stationery and newspapers.
67
530
MICHIGAN MANUAL.
house of represenatives 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 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 diem compensation of such clerk of the judiciary committee and law clerk of the senate
531
THE LEGISLATURE.
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 traveled 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 Ly 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. Galiagher. 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. Mahancy, 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.
532
MICHIGAN MANUAL.
§ 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-
1 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.
533
THE LEGISLATURE.
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 suchi 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.
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