USA > Michigan > Michigan official directory and legislative manual for the years 1913-1914 > Part 55
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273
14
31
464
1,125
Barry
1,886
1,831
112
99
1,532
5,460
Bay .
3,073
3,199
241
515
4,106
11,134
Benzie
675
317
100
540
1,632
Berrien.
3,475
4,206
169
401
3,670
11,921
Branch ..
2,084
2,191
113
144
1,634
6,166
Calhoun.
3,837
3,766
220
987
4,030
12,840
Cass .
1,828
2,085
67
343
1,055
5,378
Charlevoix.
1,555
559
41
403
967
3,525
Cheboygan
1,063
1,013
28
127
980
3,211
Chippewa
1,230
865
114
153
1,228
3,590
Clare .
648
434
30
121
567
1,800
Clinton.
2,005
1,776
77
35
1,465
5,358
Crawford.
295
191
6
31
206
729
Delta .
1,381
1,016
36
229
1,644
4,306
Dickinson
1,455
344
42
230
1,249
3,320
Eaton ..
2,891
2,511
97
1,663
7,162
Emmet
1,057
933
62
393
851
3,296
Genesee
4,180
3,027
281
5,102
12,590
Gladwin
691
344
26
475
1,536
Gogebic.
951
568
169
119
1,198
3,005
Gd. Traverse
1,242
872
72
255
1,377
3,818
Gratiot ..
2,345
1,905
80
33
1,485
5,848
Hillsdale
1,777
2,297
162
52
2,637
6,925
Houghton.
4,216
2,237
377
439
4,697
11,966
Huron
2,262
1,273
59
57
2,654
6,305
Ingham
4,402
3,889
337
3,896
555
4
13,083
Ionia
3,009
2,841
157
136
1,481
7,624
Iosco
596
440
19
29
698
1,782
Iron .
1,138
201
26
109
764
2,238
Isabella
1,770
1,443
65
1,326
126
4,730
Jackson
2,816
4,371
203
362
5,302
13,054
Kalamazoo
3,377
3,582
413
1,470
3,518
3
12,363
Kalkaska
536
276
42
115
392
1,361
National Progressive.
575
CONGRESSIONAL VOTE BY COUNTIES.
CONGRESSMAN-AT-LARGE .- Concluded.
Counties.
Patrick H. Kelley,
Republican.
Edward Frensdorf,
Democrat.
Fred W Corbett,
Prohibition.
Milan F. Martin,
Socialist.
William H. Hill,
J. C. Menton.
H. C. Gifford.
Scattering.
Totals.
Kent.
10,149
9,394
434
1,798
9,120
30,895
Keweenaw
523
62
17
33
472
1,107
Lake ..
300
184
4
40
398
3
929
Lapeer.
2,377
1,238
111
33
1,669
5,428
Leelanau
735
326
23
85
583
1,752
Lenawee.
3,344
4,460
216
118
2,939
11,077
Livingston
1,753
2,001
101
12
1,069
4,936
Luce ..
323
99
9
9
173
613
Mackinac.
662
742
26
316
1,746
Macomb.
2,993
2,872
103
26
1,299
7,293
Manistee.
1,623
1,835
62
272
993
4,785
Marquette.
2,853
977
112
471
3,371
7,784
Mason .
1,235
1,087
94
154
1,295
3,865
Mecosta.
1,397
933
83
192
1,279
3,884
Menominee
1,371
1,230
33
145
1,557
4,336
Midland
1,047
658
40
40
1,334
3,119
Missaukee
791
352
36
799
1,978
Monroe.
2,595
3,014
86
55
1,525
7,275
Montcalm
2,653
1,388
105
272
2,030
6,448
Montmorency
361
165
3
13
200
742
Muskegon
2,158
1,630
60
615
3,652
8,115
Newaygo.
1,297
800
68
221
1,493
3,879
Oakland.
4,808
3,717
240
185
2,521
11,471
Oceana ..
1,207
· 800
110
100
1,478
3,695
Ogemaw.
616
320
38
71
641
1,686
Ontonagon
763
350
20
135
473
1,741
Osceola
1,614
625
89
92
1,075
3,495
Oscoda.
132
63
1
3
137
336
Otsego
513
203
15
11
310
1,052
Ottawa ..
2,779
2,058
120
304
3,391
8,652
Presque Isle
927
268
10
57
667
1,929
Roscommon
161
157
8
31
239
596
Saginaw
5,892
6,004
159
1,295
4,638
17,988
Sanilac ..
2,765
1,195
111
60
2,515
6,646
Schoolcraft
760
293
9
37
435
1,534
Shiawassee
2,588
1,985
253
229
2,598
7,653
St. Clair.
3,185
3,010
114
141
4,176
83
10,709
St. Joseph.
1,525
2,425
84
316
2,057
6,407
Tuscola .
2,885
1,228
145
55
3,041
7,354
Van Buren
2,478
1,953
83
245
2,476
7,235
Washtenaw
3,109
4,232
123
2,953
10,417
Wayne.
31,375
23,701
628
3,642
28,170
87,516
Wexford
1,269
731
120
289
1,404
3,813
Totals ..
185,657
152,188
8,624
19,789
174,451
555
236
250
541,750
National Progressive.
576
MICHIGAN MANUAL.
OF THE LEGISLATURE.
[Act No. 1, P. A. 1909, as amended by Act 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 act 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 act 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, Article 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 session. No allowance is made for stationery and newspapers.
577
THE LEGISLATURE.
house of representatives 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- poyed 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
73
578
MICHIGAN MANUAL.
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 by 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. Gallagher, 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. Mahaney, 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.
579
THE LEGISLATURE.
§ 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- pective houses.
DRAWING OF SEATS BY MEMBERS OF THE HOUSE OF REPRESENTATIVES. [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.
580
MICHIGAN MANUAL.
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 such 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.
§ 1145. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States, the legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then, on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid.
§ 1146. SEC. 3. It shall be the duty of the governor, upon the election of a senator, as herein provided, to certify his election to the president of the senate of the United States, which certificate shall be countersigned by the secretary of state, under the seal of the state. He shall also deliver by mail or otherwise a like certificate to the person so elected scnator.
581
THE LEGISLATURE.
SENATE RULES.
[Adopted January 1, 1913.]
RULE 1. The first order of business shall be the correction of the journal of the preceding day.
PRESIDENT.
RULE 2. The president shall preside over all sessions of the senate, or in his absence, the president pro tempore. The president or in his absence the president pro tem. shall have the right to name any senator to act as presiding officer, and such senator, during the time specified, shall exercise all the powers of the president.
RULE 3. The president shall decide all questions arising under the senate rules and general parliamentary practice, subject to an appeal, which appeal shall be de- termined by a majority of the senators present and voting.
RULE 4. The president, unless otherwise directed, shall appoint all committees.
SECRETARY.
RULE 5. It shall be the duty of the secretary of the senate to keep a correct journal of each day's proceedings, and to have the same printed and copies thereof placed upon the files of the president, senators, reporters, and in the several committee rooms.
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