USA > Michigan > Michigan official directory and legislative manual for the years 1911-1912 > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93
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
.
41
CONSTITUTION OF THE STATE OF MICHIGAN.
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.
Revision of Sec. 15, Art. XVIII. This section gives the legislature control over a revision, while formerly the method was stated.
ARTICLE VI. EXECUTIVE DEPARTMENT.
SECTION 1. There shall be elected at each general biennial election a governor, a lieutenant governor, a secretary of state, a state treasurer, a commissioner of the state land office, an auditor general and an attorney general, for the term of two years. They shall keep their offices at the seat of government, superintend them in person and perform such duties as may be prescribed by law. The office of commissioner of the state land office may be abolished by law.
Secs. 1 and 3, Art. V, and Secs. 1 and 2, Art. VIII. The election of a superintendent of public instruction is provided for in Sec. 2, Art. XI, herein.
SEC. 2. The chief executive power is vested in the governor.
Scc. 1, Art. V. The remainder of the section is found in the preceding section of this article.
SEC. 3. The governor shall take care that the laws be faithfully executed; shall transact all necessary business with the officers of government; and may require in- formation in writing from all executive and administrative state officers, elective and ap- pointive, upon any subject relating to the duties of their respective offices.
Secs. 5 and 6, Art. V combined. The governor may exercise power of inquiry as to all state officers, except judicial and legislative.
SEC. 4. He shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, to suppress insurrection and to repel invasion.
No change from Sec. 4, Art. V, except in phraseology:
SEC. 5. He shall communicate by message to the legislature, and at the close of his official term to the incoming legislature, the condition of the state, and recommend such measures as he may deem expedient.
No change fromn Sec. 8, Art. V, except in phraseology.
SEC. 6. He shall issue writs of election to fill such vacancies as occur in the senate or house of representatives.
No change from Sec. 10, Art. V.
SEC. 7. He may convene the legislature on extraordinary occasions.
No change from Sec. 7, Art. V.
SEC. 8. He may convene the legislature at some other place when the seat of govern- ment becomes dangerous from disease or a common enemy.
No change from Sec. 9, Art. V.
SEC. 9. He may grant reprieves, commutations and pardons after convictions for all offenses, except treason and cases of impeachment, upon such conditions and
. 6
42
MICHIGAN MANUAL.
with such restrictions and limitations as he may think proper, subject to regulations provided by law relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence until the case shall be re- ported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence or grant a further reprieve. He shall communicate to the legislature at each session information of each case of reprieve, commutation or pardon granted and the reasons therefor.
No change from Sec. 11, Art. V.
SEC. 10. Whenever a vacancy shall occur in any of the state offices, the governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session. 4
No change from Sec. 3, Art. VIII.
SEC. 11. All official acts of the governor, except his approval of the laws, shall be authenticated by the great seal of the state, which shall be kept by the secretary of state.
No change from Sec. 18, Art. V, except in phraseology.
SEC. 12. All commissions issued to persons holding office under the provisions of this constitution shall be in the name and by the authority of the people of the state of Michigan, sealed with the great seal of the state, signed by the governor and counter- signed by the secretary of state.
No change from Sec. 19, Art. V.
SEC. 13. No person shall be eligible to the office of governor or lieutenant governor who shall not have attained the age of thirty years and who has not been five years a citizen of the United States and a resident of this state two years next preceding his election.
No change from Sec. 2, Art. V, except in phraseology.
SEC. 14. No member of congress nor any person holding office under the United States or this state shall execute the office of governor, except as provided in this con- stitution.
Sec. 15, Art. V.
SEC. 15. No person elected governor or lieutenant governor shall be eligible to any office or appointment from the legislature, or either house thereof, during the time for which he was elected. All votes for either of them for any such office shall be void.
No change from Sec. 16, Art. V.
SEC. 16. In case of the impeachment of the governor, his removal from office, death, inability, resignation or absence from the state, the powers and duties of the office shall devolve upon the lieutenant governor for the residue of the term or until the disability ceases. When the governor shall be out of the state at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state.
Sec. 12, Art. V. Words "in time of war" eliminated.
SEC. 17. During a vacancy in the office of governor, if the lieutenant governor die, resign, or be impeached, displaced, be incapable of performing the duties of his office, or absent from the state, the secretary of state shall act as governor until the vacancy be filled or the disability cease.
Sec. 13, Art. V. Secretary of state substituted for president pro tempore of the senate.
SEC. 18. The lieutenant governor or secretary of state, while performing the duties of governor, shall receive the same compensation as the governor.
Sec. 17, Art. V. Similar change to that in preceding section.
1
43
CONSTITUTION OF THE STATE OF MICHIGAN.
SEC. 19. The lieutenant governor shall be president of the senate, but shall have no vote.
Revision of Sec. 14, Art. V.
SEC. 20. The secretary of state, state treasurer and commissioner of the state land office shall constitute a board of state auditors. They shall examine and adjust all claims against the state not otherwise provided for by general law. They shall constitute a board of state canvassers to determine the result of all elections for governor, lieutenant governor, state officers and such other officers as shall by law be referred to them. They shall act as a state board of escheats and a board of fund commissioners. They shall perform such other duties as may be prescribed by law. In case the office of commissioner of the state land office is abolished, another state officer shall be designated by law as a member of the several boards mentioned in this section.
Sec. 4, Art. VIII.
SEC. 21. The governor and attorney general shall each receive an annual salary of five thousand dollars. The secretary of state, state treasurer, commissioner of the state land office and auditor general shall each receive an annual salary of twenty-five hundred dollars. They shall receive no fees or perquisites whatever for the performance of any duties connected with the offices. It shall not be competent for the legislature to increase the salaries herein provided.
Sec. 1, Art. IX. Supersedes provisions relating to salaries of officers named.
ARTICLE VII.
JUDICIAL DEPARTMENT.
SECTION 1. The judicial power shall be vested in one supreme court, circuit courts, probate courts, justices of the peace and such other courts of civil and criminal jurisdic- tion, inferior to the supreme court, as the legislature may establish by general law, by a two- thirds vote of the members elected to each house.
Sec. 1, Art. VI.
THE SUPREME COURT.
SEC. 2. The supreme court shall consist of one chief justice and associate justices, to be chosen by the electors of the state at the regular biennial spring elections; and not more than two justices shall go out of office at the same time. The term of office shall be prescribed by law.
Recasts Sec. 2, Art. VI.
SEC. 3. Four terms of the supreme court shall be held annually at such times and places as may be designated by law.
No change from Sec. 4, Art. VI.
SEC. 4. The supreme court shall have a general superintending control over all inferior courts; and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo and other original and remedial writs, and to hear and de- termine the same. In all other cases it shall have appellate jurisdiction only.
No change from Sec. 3, Art. VI.
SEC. 5. The supreme court shall by general rules established, modify and amend the practice in such conrt and in all other courts of record, and simplify the same. The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.
Sec. 5. Art. VI.
SEc. 6. The supreme court may appoint and remove its clerk, a reporter of its decisions and a court crier, each of whom shall perform such duties and receive such
44
MICHIGAN MANUAL
salary as shall be prescribed by law; and all fees, perquisites and income collected by the clerk shall be turned over by him to the state treasury and credited to the general fund. No justice of the supreme court shall exercise any other power of appointment to public office.
Portions of Secs. 10 and 12, Art. VI. Adds appointment of court crier and provides that the clerk be paid a salary.
SEC. 7. Decisions of the supreme court, including all cases of mandamus, quo warranto and certiorari, shall be in writing, with a concise statement of the facts and reasons for the decisions; and shall be signed by the justices concurring therein. Any justice dissenting from a decision shall give the reasons for such dissent in writing under his signature. All such opinions shall be filed in the office of the clerk of the supreme court.
Revises part of Sec. 10, Art. VI. Additional proceedings in the decision of which the court shall file written opinions.
CIRCUIT COURTS.
SEC. 8. The state shall be divided into judicial circuits in each of which there shall be elected one circuit judge. The legislature may provide by law for the election of more than one circuit judge in any judicial circuit. A circuit court shall be held at least four times in each year in every county organized for judicial purposes. Each circuit judge shall hold court in the county or counties within the circuit in which he is elected, and in other circuits as may be provided by law. The legislature may by law arrange the various circuits into judicial districts, and provide for the manner of holding courts therein. Circuits and districts may be created, altered or discon- tinued by law, but no such alteration or discontinuance shall have the effect to remove a judge from office.
General revision. Secs. 6, 7 and 11, Art. VI.
SEC. 9. Circuit judges shall be elected on the first Monday in April, nineteen hundred eleven, and every sixth year thereafter. They shall hold office for a term of six years and until their successors are elected and qualified. They shall be ineligible to any other than a judicial office during the term for which they are elected and for one year thereafter.
Corresponds with Sec. 20, Art. VI with changes in phraseology. Last sentence taken from Sec. 9, Art. VI.
SEC. 10. Circuit courts shall have original jurisdiction in all matters civil and criminal not excepted in this constitution and not prohibited by law, and appellate jurisdiction from all inferior courts and tribunals and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto and certiorari and to hear and determine the same; and to issue such other writs as may be necessary to carry into effect their orders, judgments and decrees and give them general control over inferior courts and tribunals within their respective jurisdictions, and in all such other cases and matters as the supreme court shall by rule prescribe.
No change from Sec. 8, Art. VI, except in phraseology.
SEC. 11. The clerk of each county organized for judicial purposes shall be clerk of the circuit court for such county. The judges of the circuit courts may fill- any vacancy in the offices of county clerk or prosecuting attorney within their respective jurisdictions, but shall not exercise any other power of appointment to public office.
Revises portions of Secs. 10 and 12, Art. VI. No change in effect.
SEC. 12. Each of the judges of the circuit courts shall receive a salary payable monthly. In addition to the salary paid from the state treasury, each circuit judge may receive from any county in which he regularly holds court such additional salary as may be determined from time to time by the board of supervisors of the county. In any county
45
CONSTITUTION OF THE STATE OF MICHIGAN.
where such additional salary is granted it shall be paid at the same rate to all circuit judges regularly holding court therein.
Revises portions of Secs. 6 and 9, Art. VI.
PROBATE COURTS.
SEC. 13. In each county organized for judicial purposes, there shall be a probate court. The jurisdiction, powers and duties of such courts and of the judges thereof shall be prescribed by law, and they shall also have original jurisdiction in all cases of juvenile delinquents and dependents.
Part of Sec. 13, Art. VI.
SEC. 14. Judges of probate shall be elected in the counties in which they reside- and shall hold office for four years and until their successors are elected and qualified They shall be elected on the Tuesday succeeding the first Monday of November, nine, teen hundred twelve, and every four years thereafter. The legislature may provide by law for the election of more than one judge of probate in counties with more than one hundred thousand inhabitants, and may provide for the election of such judges in such counties at alternate biennial elections.
Substituted for Sec. 21 and part of Sec. 13, Art. VI.
JUSTICES OF THE PEACE.
SEC. 15. There shall be elected in each organized township not to exceed four justices of the peace, each of whom shall hold the office for four years and until his successor is elected and qualified. At the first election in any township they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold the office for the residue of the unexpired term. The legislature may provide by law for justices in cities.
No change from Sec. 17, Art. VI, except in phraseology.
SEC. 16. In civil cases, justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such excep- tions and restrictions as may be provided by law. They shall also have such crim- inal jurisdiction and perform such duties as shall be prescribed by law.
Sec. 18, Art. IV. No change except that word "law" substituted for "the legis- lature."
GENERAL PROVISIONS.
SEC. 17. The supreme court and the circuit and probate courts of each county shall be courts of record, and shall each have a common seal.
No change from Sec. 15, Art. VI, except in phraseology.
SEC. 18. Justices of the supreme court, circuit judges and justices of the peace shall be conservators of the peace within their respective jurisdictions.
No change from Sec. 19, Art. VI, except in phraseology.
SEC. 19. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township shall be placed without the same, he shall be deemed to have vacated the office.
No change from Scc. 22, Art. VI, except in phraseology.
SEc. 20. When a vacancy occurs in the office of judge of any court of record, it shall .be filled by appointment of the governor, and the person appointed shall hold the office until a successor is elceted and qualified. When elected, such successor shall hold the office the residue of the unexpired term.
No change from Sec. 14, Art. VI, except in phraseology.
46
MICHIGAN MANUAL ..
SEC. 21. The legislature may provide by law for the election of one or more persons in each organized county who may be vested with judicial powers not exceeding those of a judge of the circuit court at chambers.
No change from Sec. 16. Art. VI.
SEC. 22. The style of all process shall be: "In the Name of the People of the State of Michigan."
No change from Sec. 35, Art. VI.
ARTICLE VIII.
LOCAL GOVERNMENT.
COUNTIES.
SECTION 1. Each organized county shall be a body corporate, with such powers and immunities as shall be established by law. All suits and proceedings by or against a county shall be in the name thereof.
No change from Sec. 1, Art. X.
SEC. 2. No organized county shall be reduced by the organization of new counties to less than sixteen townships as surveyed by the United States, unless in pursuance of law a majority of electors voting on the question in each county to be affected thereby shall so decide. When any city has attained a population of one hundred thousand inhabitants, the legislature may organize it into a separate county without reference to geographical extent, if a majority of the electors of such city and of the remainder of the county in which such city may be situated voting on the question shall each deter- mine in favor of organizing said city into a separate county.
Revision of Sec. 2, Art. X. Population of a city increased from 20,000 to 100,000 before it may be organized into a separate county; and requires the affirmative vote of a majority of the electors of the city and of the remainder of the county.
SEC. 3. There shall be elected biennially in each organized county a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office or separate the same at pleasure.
Sec. 3, Art. X. Change in phraseology, and following words omitted, "and as often as vacancies shall happen." See Sec. 5, Art. XVI, herein.
SEC. 4. The sheriff, county clerk, county treasurer, judge of probate and register of deeds shall hold their offices at the county seat.
No change from Sec. 4, Art. X.
SEC. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and, in default of giving such security, his office shall be deemed vacant. The county shall never be responsible for his acts.
No change from Sec. 5, Art. X.
SEC. 6. The legislature shall by general law provide for the appointment of a board of jury commissioners in each county; but such law shall not become operative in any county until a majority of the electors of the county voting thereon shall so decide. New.
SEC. 7. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. Cities shall have such representation in the boards of supervisors of the counties in which they are situated as may be provided by law.
Combines Secs. 6 and 7, Art. X. No change except in phraseology.
-
47
CONSTITUTION OF THE STATE OF MICHIGAN.
SEC. 8. The legislature may by general law confer upon the boards of supervisors of the several counties such powers of a local, legislative and administrative character, not inconsistent with the provisions of this constitution, as it may deem proper.
Subdivision of Sec. 38, Art. IV.
SEC. 9. The boards of supervisors shall have exclusive power to fix the salaries and compensation of all county officials not otherwise provided for by law. The boards of supervisors, or in counties having county auditors, such auditors, shall adjust all claims against their respective counties; appeals may be taken from such decisions of the boards of supervisors or auditors to the circuit court in such manner as shall be pre- scribed by law.
Supplants Sec. 10, Art. X. Gives boards of supervisors exclusive power to fix salaries and compensation of county officials not otherwise provided for by law.
SEC. 10. The board of supervisors of any county may in any one year levy a tax of one-tenth of one mill on the assessed valuation of said county for the construction or repair of public buildings or bridges, or may borrow an equal sum for such purposes; and, in any county where the assessed valuation is less than ten million dollars, the board may levy a tax or borrow for such purposes to the amount of one thousand dollars; but no greater sum shall be raised for such purposes in any county in any one year, unless submitted to the electors of the county and approved by a majority of those voting thereon.
Sec. 9, Art. X.
SEC. 11. Any county in this state, either separately or in conjunction with other counties, may appropriate money for the construction and maintenance or assistance of public and charitable hospitals, sanatoria or other institutions for the treatment of persons suffering from contagious or infectious diseases. Each county may also main- tain an infirmary for the care and support of its indigent poor and unfortunate, and all county poor houses shall hereafter be designated and maintained as county in- firmaries.
New.
SEC. 12. No county shall incur any indebtedness which shall increase its total debt beyond three per cent of its assessed valuation.
Subdivision of Sec. 49, Art. IV.
SEC. 13. No county seat once established shall be removed until the place to which it is proposed to be removed shall be designated by two-thirds of the board of super- visors of the county, and a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law.
No change from Sec. 8, Art. X.
SEc. 14. No navigable stream of this state shall be either bridged or danmed with- out permission granted by the board of supervisors of the county under the provisions of law, which permission shall be subject to such reasonable compensation and other con- ditions as may seem best suited to safeguard the rights and interests of the county and the municipalities therein. No such law shall preclude the state from improving the naviga- tion of any such stream, nor prejudice the right of individuals to the free navigation thereof.
Sec. 4, Art. XVIII. Change in phraseology, and italicized words added.
SEC. 15. The board of, supervisors of each organized county may organize and consolidate townships under such restrictions and limitations as shall be prescribed by ław.
Supplants Sec. 11, Art. X.
TOWNSHIPS.
SEc. 16. Each organized township shall be a body corporate, with such powers
18
MICHIGAN MANUAL.
and immunities as shall be prescribed by law. All suits and proceedings by or against a township shall be in the name thereof.
No change from Sec. 2, Art. XI.
SEC. 17. The legislature may by general law confer upon organized townships such powers of a local, legislative and administrative character, not inconsistent with the provisions of this constitution, as it may deem proper.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.