USA > Michigan > Michigan official directory and legislative manual for the years 1911-1912 > Part 8
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
Subdivision of Sec. 38, Art. IV.
SEC. 18. There shall be elected annually on the first Monday of April in each organized township one supervisor, one township clerk, one commissioner of highways, one township treasurer, not to exceed four constables and one overseer of highways for each highway district, whose powers and duties shall be prescribed by law.
Sec. 1, Art. XI. Office of school inspector eliminated.
SEC. 19. No township shall grant any public utility franchise which is not subject to revocation at the will of the township, unless such proposition shall have first received the affirmative vote of a majority of the electors of such township voting thereon at a regular or special election.
New.
CITIES AND VILLAGES.
SEC. 20. The legislature shall provide by a general law for the incorporation of cities, and by a general law for the incorporation of villages; such general laws shall limit their rate of taxation for municipal purposes, and restrict their powers of borrowing money and contracting debts.
New.
SEC. 21. Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter, and, through its regularly constituted authority, to pass all laws and ordinances relating to its municipal con- cerns, subject to the constitution and general laws of this state.
New.
SEC. 22. Any city or village may acquire, own, establish and maintain, either within or without its corporate limits, parks, boulevards, cemeteries, hospitals, alms- houses and all works which involve the public health or safety. .
New.
SEC. 23. Subject to the provisions of this constitution, any city or village may acquire, own and operate, either within or without its corporate limits, public utilities for supplying water, light, heat, power and transportation to the municipality and the inhabitants thereof; and may also sell and deliver water, heat, power and light without its corporate limits to an amount not to exceed twenty-five per cent of that furnished by it within the corporate limits; and may operate transportation lines without the municipality within such limits as may be prescribed by law: Provided, That the right to own or operate transportation facilities shall not extend to any city or village of less than twenty-five thousand inhabitants.
New.
SEC. 24. When a city or village is authorized to acquire or operate any public utility, it may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Provided, That such mortgage bonds issued beyond the general limit of bonded indebtedness prescribed by law shall not impose any liability upon such city or village, but shall be secured only upon the property and revenues of such public utility, including a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend for a longer
49
CONSTITUTION OF THE STATE OF MICHIGAN.
period than twenty years from the date of the sale of such utility and franchise on foreclosure.
New.
SEC. 25. No city or village shall have power to abridge the right of elective franchise, to loan its credit, nor to assess, levy or collect any tax or assessment for other than a public purpose. Nor shall any city or village acquire any public utility or grant any public utility franchise which is not subject to revocation at the will of the city or village, unless such proposition shall have first received the affirmative vote of three-fifths of the electors of such city or village voting thereon at a regular or special municipal election; and upon such proposition women taxpayers having the qualifications of male electors shall be entitled to vote.
0
New. The foregoing sections supersede Sec. 38, Art. IV and Secs. 13 and 14, Art. XV in so far as such sections relate to cities and villages.
GENERAL PROVISIONS.
SEC. 26. The legislature may by general law provide for the laying out, construc- tion, improvement and maintenance of highways, bridges and culverts by counties, districts and townships; and may authorize counties or districts to take charge and con- trol of any highways within their limits for such purposes. The legislature may also by general law prescribe the powers and duties of boards of supervisors in relation to highways, bridges and culverts; may provide for county and district road commissioners to be appointed or elected, with such powers and duties as may be prescribed by law: and may change and abolish the powers and duties of township commissioners and overseers of highways. The legislature may provide by law for submitting the question of adopting a county or district road system to the electors of the counties or proposed districts. and such road system shall not go into operation in any county or district until approved by a majority of the electors thereof voting on such question. The tax raised for road purposes shall not exceed in any one year three dollars upon each one thousand dollars of assessed valuation for the preceding year.
Sec. 49, Art. IV. The three per cent limit on county indebtedness is placed in Sec. 12 of this article.
SEC. 27. The legislature shall not vacate nor alter any road laid out by commis- sioners of highways, or any street, alley or public ground in any city or village or in any recorded town plat.
Revision of part of Sec. 23, Art. IV.
SEC. 28. No person, partnership, association or corporation operating a public utility shall have the right to the use of the highways, streets, alleys or other public places of any city, village or township for wires, poles, pipes, tracks or conduits, with- out the consent of the duly constituted authorities of such city, village or township; nor to transact a local business therein without first obtaining a franchise therefor from such city, village or township. The right of all cities, villages and townships to the reasonable control of their streets, alleys and public places is hereby reserved to such cities, villages and townships.
New.
SEC. 29. No franchise or license shall be granted by any municipality of this state for a longer period than thirty years.
New.
ARTICLE IX.
IMPEACHMENTS AND REMOVALS FROM OFFICE.
SECTION 1. The house of representatives shall have the sole power of impeaching
7
50
MICHIGAN MANUAL.
civil officers for corrupt conduct in office, or for' crimes or misdemeanors; but a ma- jority of the members elected shall be necessary to direct an impeachment.
No change from Sec. 1, Art. XII.
SEC. 2. When an impeachment is directed, the house of representatives shall elect from its own body three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the legislature, when the senate shall proceed to try the same.
No change from Sec. 3, Art. XII, except in phraseology.
1 SEC. 3. Every impeachment shall be tried by the senate. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside. When an impeachment is directed, the senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. Judgment in case of impeachment shall not extend further than removal from office, but the person convicted shall be liable to punishment according to law.
No change from Sec. 2, Art. XII, except in phraseology.
SEC. 4. No judicial officer shall exercise his office after an impeachment is directed until he is acquitted.
No change from Sec. 4, Art. XII.
SEC. 5. The governor may make a provisional appointment to fill a vacancy oc- casioned by the suspension of an officer, until he shall be acquitted or until after the election and qualification of a successor.
No change from Sec. 5, Art. XII.
SEC. 6. For reasonable cause, which shall not be sufficient ground for impeachment, the governor shall remove any judge on a concurrent resolution of two-thirds of the members elected to each house of the legislature; and the cause for which such removal is required shall be stated at length in such resolution.
No change from Sec. 6, Art. XII, except in phraseology.
SEC. 7. The governor shall have power and it shall be his duty, except at such time as the legislature may be in session, to examine into the condition and administra- tion of any public office and the acts of any public officer, elective or appointive; to remove from office for gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein, any elective or appointive state officer, except legislative or judicial, and report the causes of such removal to the legislature at its next session.
Sec. 8, Art. XII. Change in phraseology. Authority of the governor to appoint a state officer for the remainder of an unexpired term is prescribed in Sec. 10, Art. VI, herein.
SEC. 8. Any officer elected by a county, city, village, township or school district may be removed from office in such manner and for such cause as shall be prescribed by law.
Supersedes Sec. 7, Art. XII.
ARTICLE X.
FINANCE AND TAXATION.
SECTION 1. All subjects of taxation now contributing to the primary school interest fund under present laws shall continue to contribute to that fund, and all taxes from such subjects shall be first applied in paying the interest upon the primary school, university and other educational funds in the order herein named, after which the surplus of such moneys shall be added to and become a part of the primary school interest fund.
51
CONSTITUTION OF THE STATE OF MICHIGAN.
SEC. 2. The legislature shall provide by law for an annual tax sufficient with other resources to pay the estimated expenses of the state government, the interest on any state debt and such deficiency as may occur in the resources.
The two preceding sections revise Sec. 1, Art. XIV.
SEC. 3. The legislature shall provide by law a uniform rule of taxation, except on property paying specific taxes, and taxes shall be levied on such property as shall be prescribed by law: Provided, That the legislature shall provide by law a uniform rule of taxation for such property as shall be assessed by a state board of assessors, and the rate of taxation on such property shall be the rate which the state board of assessors shall ascertain and determine is the average rate levied upon other property upon which ad valorem taxes are assessed for state, county, township, school and municipal purposes. Sec. 11, Art. XIV.
SEC. 4. The legislature may by law impose specific taxes, which shall be uniform upon the classes upon which they operate.
SEC. 5. The legislature may provide by law for the assessment at its true cash value by a state board of assessors, of which the governor shall be ex-officio a member, of the property of corporations and the property, by whomsoever owned, operated or conducted, engaged in the business of transporting passengers and freight, transporting property by express, operating any union station or depot, transmitting messages by tele- phone or telegraph, loaning cars, operating refrigerator cars, fast freight lines or other car lines and running or operating cars in any manner upon railroads, or engaged in any other public service business; and for the levy and collection of taxes thereon.
The two preceding sections revise and supersede Sec. 10, Art. XIV.
SEC. 6. Every law which imposes, continues or revives a tax shall distinctly state the tax, and the objects to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.
No change from Sec. 14, Art. XIV.
SEC. 7. All assessments hereafter authorized shall be on property at its cash valne. No change from Sec. 12, Art. XIV.
SEC. 8. In the year nineteen hundred eleven, every fifth year thereafter and at such other times as the legislature may direct, the legislature shall provide by law for an equalization of assessments by a state board, on all taxable property, except that taxed under laws passed pursuant to sections four and five of this article.
Sec: 13, Art. XIV.
SEC. 9. The power of taxation shall never be surrendered or suspended by any grant or contract to which the state or any municipal corporation shall be a party.
New.
SEC. 10. The state may contract debts to meet deficits in revenue, but such debts shall not in the aggregate at any time exceed two hundred fifty thousand dollars. The state may also contract debts to repel invasion, suppress insurrection, defend the state or aid the United States in time of war. The money so raised shall be applied to the purposes for which it is raised or to the payment of the debts contracted.
Combines Secs. 3 and 4, Art. XIV. Material change in phraseology.
SEC. 11. No scrip, certificate or other evidence of state indebtedness shall be issued, except for such debts as are expressly authorized in this constitution.
Sec. 7, Art. XIV. Omits the words "except for the redemption of stock previously issued."
SEC. 12. The credit of the state shall not be granted to, nor in aid of any person, association or corporation, public or private.
Sec. 6, Art. XIV.
52
MICHIGAN MANUAL.
SEC. 13. The state shall not subscribe to, nor be interested in the stock of any company, association or corporation.
No change from Sec. 8, Art. XIV, except in phraseology.
SEC. 14. The state shall not be a party to, nor be interested in any work of internal improvement, nor engage in carrying on any such work, except in the improvement of, or aiding in the improvement of the public wagon roads, in the reforestation and protection of lands owned by the state and in the expenditure of grants to the state of land or other property.
Corresponds with Sec. 9, Art. XIV. The provision relative to the issuance of bonds by Grand Rapids city omitted.
SEC. 15. No state money shall be deposited in banks other than those organized under the national or state banking laws. No state money shall be deposited in any bank in excess of fifty per cent of the capital and surplus of such bank. Any bank receiving deposits of state money shall show the amount of state money so deposited as a separate item in all published statements.
New.
SEC. 16. No money shall be paid out of the state treasury except in pursuance of appropriations made by law.
Sec. 5, Art. XIV.
SEC. 17. An accurate statement of the receipts and expenditures of the public moneys shall be attached to and published with the laws passed at every regular session of the legislature.
No change from Sec. 5, Art. XVIII, except in phraseology.
SEC. 18. The legislature shall provide by law for the keeping of accounts by all . state officials, boards and institutions, and by all county officials; and shall also provide for the supervision and audit thereof by competent state authority and for uniform reports of all public accounts to such authority. Such systems of account shall provide for accurate records of all financial and other transactions and for checks upon all receipts and disbursements of all such officials, boards and institutions; and shall be uniform for all similar boards, institutions and county officials. All public accounts and the audit thereof shall be public records and open to inspection.
New.
SEC. 19. No collector, holder or disburser of public moneys shall have a seat in the legislature, nor be eligible to any office of trust or profit under this state, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.
No change from Sec. 30, Art. IV.
ARTICLE XI.
EDUCATION.
SECTION 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be en- couraged.
New.
SEC. 2. A superintendent of public instruction shall be elected at the regular election to be held on the first Monday in April, nincteen hundred nine, and every second year thereafter. He shall hold office for a period of two years from the first day of July following his election and until his successor is elected and qualified. He shall have general supervision of public instruction in the state. He shall be a member and secretary of the state board of education. He shall be ex-officio a member of all other boards having
53
CONSTITUTION OF THE STATE OF MICHIGAN.
control of public instruction in any state institution, with the right to speak but not to vote. His duties and compensation shall be prescribed by law.
This section takes the place of Sec. 1, Art. XIII, and includes certain provisions of Sec. 1, Art. VIII and Sec. 1. Art. IX.
SEC. 3. There shall be a board of regents of the university, consisting of eight mem- bers, who shall hold the office for eight years. There shall be elected at each regular biennial spring election two members of such board. When a vacancy shall occur in the office of regent it shall be filled by appointment of the governor.
In effect the same as Sec. 6, Art. XIII.
SEC. 4. The regents of the university and their successors in office shall continue to constitute the body corporate known as "The Regents of the University of Michigan."
No change from Sec. 7, Art. XIII, except in phraseology.
SEC. 5. The regents of the university shall, as often as necessary, elect a president of the university. The president of the university and the superintendent of public instruction shall be ex-officio members of the board of regents, with the privilege of speaking but not of voting. The president shall preside at the meetings of the board and be the principal executive officer of the university. The board of regents shall have the general supervision of the university and the direction and control of all ex- penditures from the university funds.
Sec. 8, Art. XIII. Change also in phraseology.
SEC. 6. The state board of education shall consist of four members. On the first Monday in April, nineteen hundred nine, and at each succeeding biennial spring election, there shall be elected one member of such board who shall hold his office for six years from the first day of July following his election. The state board of education shall have general supervision of the state normal college and the state normal schools, and the duties of said board shall be prescribed by law. .
In effect, the same as Sec. 9, Art. XIII, except the provision for election in April. Reference to superintendent of public instruction is found in Sec. 2 of this article
SEC. 7. There shall be elected on the first Monday in April, nineteen hundred nine, a state board of agriculture to consist of six members, two of whom shall hold the office for two years, two for four years and two for six years. At every regular biennial spring election thereafter, there shall be elected two members whose term of office shall be six years. The members thus elected and their successors in office shall be a body corporate to be known as "The State Board of Agriculture."
New.
SEC. 8. The state board of agriculture shall, as often as necessary, elect a president of the agricultural college, who shall be ex-officio a member of the board with the privilege of speaking but not of voting. He shall preside at the meetings of the board and be the principal cxecutive officer of the college. The board shall have the general super- vision of the college, and the direction and control of all agricultural college funds; and shall perform such other duties as may be prescribed by law.
New.
SEC. 9. The legislature shall continue a system of primary schools, whereby every school district in the state shall provide for the education of its pupils without charge for tuition; and all instruction in such schools shall be conducted in the English language. If any school district shall neglect to maintain a school within its borders as prescribed by law for at least five months in cach year, or to provide for the education of its pupils in another district or districts for an equal period, it shall be deprived for the ensuing year of its proportion of the primary school interest fund.
Supplants Sccs. 4 and 5, Art. XIII.
Sec. 10. The legislature shall maintain the university, the college of mines, the
.
54
MICHIGAN MANUAL.
state agricultural college, the state normal college and such state normal schools and other educational institutions as may be established by law.
New.
SEC. 11. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes and the proceeds of all lands or other property given by individuals or appropriated by the state for like purposes shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.
No change from Sec. 2, Art. XIII.
SEC. 12. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the state, and the interest on the clear proceeds from the sales thereof shall be ap- propriated exclusively to the support of the primary schools.
No change from Sec. 3, Art. XIII.
SEC. 13. The legislature shall appropriate all salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have already been sold, and any funds or lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of the agricultural college.
Revision of Sec. 11, Art. XIII.
SEC. 14. The legislature shall provide by law for the establishment of at least one library in each township and city; and all fines assessed and collected in the several counties, cities and townships for any breach of the penal laws shall be exclusively applied to the support of such libraries.
Supplants Sec. 12, Art. XIII. Certain words omitted.
. SEC. 15. Institutions for the benefit of those inhabitants who are deaf, dumb, blind, .
feeble-minded or insane shall always be fostered and supported. .
Sec. 10, Art. XIII.
ARTICLE XII. CORPORATIONS.
SECTION 1. Corporations may be formed under general laws, but shall not be created, nor shall any rights, privileges or franchises be conferred upon them, by special act of the legislature. All laws heretofore or hereafter passed by the legislature for the formation of, or conferring rights, privileges or franchises upon corporations and all rights, privileges or franchises conferred by such laws may be amended, altered, repealed or abrogated.
Revision and enlargement of Sec. 1, Art. XV and omits the third sentence. The words "except for municipal purposes" also omitted.
SEC. 2. The term "corporation" as used in this article shall be construed to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. All corporations shall have the right to sue and be subject to be sued in all courts in like cases as natural persons.
No change from Sec. 11, Art. XV, except in phraseology.
SEC. 3. No corporation shall be created for a longer period than thirty years, ex- cept for municipal, railroad, insurance, canal or cemetery purposes, or corporations organized without any capital stock for religious, benevolent, social or fraternal purposes; but the legislature may provide by general laws, applicable to any corporations, for one or more extensions of the term of such corporations, while such term is running, not exceeding thirty years for each extension, on the consent of not less than two- thirds of the capital stock of the corporation; and by like general laws for the corporate reorganization for a further period, not exceeding thirty years, of such corporations
55
CONSTITUTION OF THE STATE OF MICHIGAN.
whose terms have expired by limitation, on the consent of not less than four-fifths of the capital stock.
Revision of Sec. 10. Art. XV.
SEC. 4. The stockholders of every corporation and joint stock association shall be individually liable for all labor performed for such corporation or association.
No change from Sec. 7, Art. XV.
SEC. 5. No corporation shall hold any real estate for a longer period than ten years, except such real estate as shall be actually occupied by such corporation in the exercise of its franchises.
Sec. 12, Art. XV. Words "hereafter acquired" omitted.
SEC. 6. The legislature shall pass no law renewing or extending any special act of incorporation heretofore granted. 1
Revision of Sec 8, Art. XV.
SEC. 7. The legislature may, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on different railroads in this state, and may pass laws establishing reasonable maximum rates of charges for the transportation of property by express companies in this state, and may delegate such power to fix reasonable maximum rates of charges for the transportation of freight by railroad companies and for the transportation of property by express companies to a commission created by law; and shall prohibit running contracts between such railroad companies whereby discrimination is made in favor of either of such companies as against other companies owning connecting or intersecting lines of railroad.
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.