USA > Michigan > Michigan official directory and legislative manual for the years 1911-1912 > Part 81
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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 purpose; the selling, leasing, and general disposition of all the lands of the state; the custody of the original field notes and plats of surveys of the state. He receives the principal 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
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DEPARTMENT DUTIES.
is a member of the board of state auditors, state board of equalization, board of state canvassers, public domain commission, board of control of St. Clair flats and board of control for reclamation of state swamp lands.
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.
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 and board of control of St. Clair flats. 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 merte 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 the board of regents and 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. Sald 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 much 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; morire anil expend all moneys for the support of the institution, and make an exhibit of the affair of the University each year, said exhibit to be incorporated in the meport 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 text books on the subject of physiol- ogy and hygiene offered for use in the public schools of the state, and approves 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 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
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to do business here. The commissioner is ex-officio state fire marshal and appoints an assistant fire marshal. The duties of the state fire marshal are to prevent fire waste; to make regulations for the keeping, manufacture and sale of inflammable materials. etc .; and to inspect buildings, and may order dangerous conditions remedied
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 abd 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 approve 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 interurban 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 obediente to all laws pertaining to railroads. The commission shall make an annual report 10 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 com to it desirable on the conduct of the railroad business in the state. Persons and nur- porations owning or operating public utilities must receive an order from the com- mission, before issuing stock, bonds, notes or other evidences of indebtednem, stating that the use of the capital or property to be acquired is reasonably required for the purposes of such person or corporation.
The commission is empowered to appoint a secretary, chief clerk and statisticsas, a chief inspecting engineer, clerks and inspectors, to carry out the provisions of the act creating the commission.
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DEPARTMENT OF LABOR.
The commissioner of labor is appointed under the provisions of Act No. 285 of the public acts of 1909. He holds his office for 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 deputy factory inspectors and assistants from time to time as shall be necessary for the transaction of the business of his office.
It is the duty of the department to collect, systematize, print and present to the governor, in an annual report, all statistical details relating to all departments of labor in this state, including the penal institutions, and particularly concerning the hours of labor, the number of employes and sex thereof, the daily wages earned and savings, the number and character of accidents, the conditions of all manufacturing establish- ments, hotels, stores and workshops where labor is employed, and other matter relating to the industrial, social, educational, moral and sanitary conditions of the laboring classes and the productive industries of the state.
The commissioner of labor is the chief factory inspector, and is also charged with the inspection of coal mines. He is also empowered to organize, establish and control free employment bureaus, subject to the regulations made by statute.
The chief factory inspector may order all stationary steam boilers equipped with low water alarms.
The commissioner of labor is also charged with the inspection of steam vessels, or other vessels operated by machinery, engaged in carrying passengers for hire, directly or indirectly, except vessels which are subject to inspection under the laws of the United States, and for this purpose may employ an inspector who has had experience as the licensed master or engineer on steam vessels.
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 ascertain 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; } as 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
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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 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.
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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.
Duplicate copies of laws and documents kept in the library for use of the members of the legislature can be borrowed by the members for use during the sessions.
Books must be returned within two weeks.
Books of reference, including law books, and books which are valuable for their rarity and antiquity, are kept from circulation.
No public officer or other person privileged to draw books has the right to extend the privilege to others, or draw books from the library for the purpose of loaning them to others.
Books lost or damaged must be replaced or paid for.
Members and officers of the legislature must return all books to the library four days before adjournment.
Officers and clerks in the several state departments must return all books before leaving their positions as officers or employes of the state.
No person shall be allowed access to the library except in the presence of the librarian or assistants.
Smoking, loud talking or laughing, and all noises inappropriate to a quiet place of study, are strictly prohibited.
BOARD OF STATE AUDITORS.
The secretary of state, state treasurer and commissioner of the state land office con stitute the board of state auditors, whose duties are both constitutional and atatutary The constitution authorizes them to adjust claims against the state not otherwie pm vided for by general law; by statuto they are authorized to examine claims of Farimin kinds they are custodians of the state capitol and of other state property in lapring not connected with any of the state institutions. The same officers alen constitute the board of state canvassers.
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HIGHWAY DEPARTMENT.
The state highway department was created by the legislature of 1905, public act No. 146. The department is in direct charge of the state highway commissioner, who is appointed by the governor by and with the advice and consent of the senate, for the term of four years. At the April election in 1913, the commissioner shall be elected by the people for a term of four years beginning July 1st.
The commissioner receives a salary of $2,500 per year and is charged with the giving of instruction in the art of building, improving and repairing public wagon roads and bridges, collecting reports from township and county highway commissioners, overseers of highways and superintendents and commissioners of streets in villages and cities, and distributes any state reward for which the legislature may provide, or any funds given to the state for such purpose by the United States government.
It is his duty to make a biennial report to the governor, which report shall contain the names and compensation of every person employed and the whole amount of ex- penses of the department.
He is empowered to appoint a deputy, who shall be a competent civil engineer, and employ such other clerks as the work of the department demands.
MISCELLANEOUS DEPARTMENTS.
STATE INSPECTOR OF OILS.
The duties of the state inspector of illuminating oils are prescribed by act number 26 of the public acts of 1899, and act numbers 37, 38 and 39 of 1909. The inspector and his deputies are required to inspect illuminating oils, and to reject all that do not answer the test. They also-govern the use of gasoline, and enforce the act requiring the labelling of the same.
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