Michigan official directory and legislative manual for the years 1913-1914, Part 82

Author: Michigan. Dept. of State. cn
Publication date: 1913
Publisher: Lansing : [State of Michigan]
Number of Pages: 1014


USA > Michigan > Michigan official directory and legislative manual for the years 1913-1914 > Part 82


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DEPARTMENT DUTIES.


superintendents of schools and from all state and chartered educational institutions; makes annual report to the governor; visits all state educational institutions and meets 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. Said 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 such 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; receive and expend all moneys for the support of the institution, and make an exhibit of the affairs of the University each year, said exhibit to be incorporated in the report of the superintendent of public instruction.


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 approve 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


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MICHIGAN MANUAL.


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 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 originally created by Act No. 312, public acts of 1907 and was reorganized under Act No. 300, public acts of 1909. The commission consists of three members, appointed by the governor and confirmed by the senate, for a term of six years.


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 and 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


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DEPARTMENT DUTIES.


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 obedience to all laws pertaining to railroads. The commission shall make an annual report to 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 seem to it desirable on the conduct of the railroad business in the state. By Act No. 106, public acts of 1909, the commission was given certain powers of supervision and control over the business of producing and transmitting electricity through the public high- ways, streets and places of the state. By Act No. 144, public acts of 1909, jurisdiction was given over the issuance of stocks, bonds and other evidences of indebtedness by persons, corporations and associations owning, contracting or operating certain public utilities, and by Act No. 206, public acts of 1913, it was empowered to exercise control and regulation over the service and rates of telephone companies.


The commission is empowered to appoint a secretary, chief clerk and statistician, a chief inspecting engineer, clerks and inspectors, to carry out the provisions of the act creating the commission.


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 sen- ate, 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-


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MICHIGAN MANUAL.


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. He is by virtue of his office, a member of the Michigan securities commission created by Act No. 143, P. A. 1913.


LIBRARY DEPARTMENT.


STATE LIBRARIAN.


The librarian is appointed by the governor, by and with the advice and consent of the senate, for a term of four years. 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 regula- tions; 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; has 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 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 systen 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.


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 law library is open from 8 a. m. to 9 p. m. from July 1 to September 10.


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.


Lawyers in attendance on the supreme court in the capitol will be permitted to take law books into the supreme court room.


Books from the circulating department of the library are loaned to the public.


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.


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DEPARTMENT DUTIES.


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 statutory. The constitution authorizes them to adjust claims against the state not otherwise pro- vided for by general law; by statute they are authorized to examine claims of various kinds; they are custodians of the state capitol and of other state property in Lansing not connected with any of the state institutions. The same officers also constitute the board of state canvassers.


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 elected for a term of four years beginning July 1st.


The commissioner receives a salary of $3,500 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 name 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 acts 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 la belling of the same.


SUPERINTENDENT OF CAPITOL.


Has supervision and direction of the capitol police and of persons employed in con- nection with heating, lighting and general care of the capitol building and grounds.


GAME, FISH AND FORESTRY WARDEN.


The game, fish and forestry warden is appointed by the governor for a term of four years. It is his duty to enforce the laws enacted for the preservation of birds, game and fish and to have charge of the prevention and suppression of forest fires. He has the same right to serve criminal process as sheriff, may arrest without warrant any person caught by him violating the game or fish laws of the state. The game, fish and forestry warden appoints his deputies, not exceeding ten in number and when necessary may appoint temporary fire wardens. Not to exceed three residents in each


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MICHIGAN MANUAL


county may be appointed by the game, fish and forestry warden as county game and fish wardens, whose salary shall be fixed by the boards of supervisors. See ยงยง 5753- 5759, compiled laws of 1897. The appointment of the game, fish and forestry warden, salary and duties, the chief deputy, and the appointment of the deputy game and fish wardens is prescribed by act No. 28 of 1887, act No. 37 of 1899, as amended by act No. 124 of 1901, act Nos. 106 and 317 of 1907 and act No 313 of 1913. Act No. 275 of 1911, as amended by act No. 167 of 1913 prescribes for granting of permits, etc., by game, fish and forestry warden.


DAIRY AND FOOD COMMISSIONER.


The office of dairy and food commissioner was created by the legislature of 1893, act No. 211. The commissioner is appointed by the governor for a term of two years, and it is his duty to carefully inquire into the quality of the dairy and food and drink products, and the several articles which are the necessary constituents of food, which are offered for sale in this state. He is required to make an annual report to the gov- ernor, which shall include the doings of his office for the preceding year. He is charged with the enforcement of the act relative to the manufacture and sale of ice cream; the act providing uniform weights and measures of cereal products, and is required to take means to prevent the adulteration of linseed oil. The commissioner, together with the president of the board of pharmacy and state board of health, shall prepare rules for the prevention of adulteration, misbranding, fraud and deceit in the manufacture and sale of drugs. The commissioner, by and with the consent of the governor, shall appoint a deputy commissioner and state analyst. He may appoint an assistant chemist, two drug inspectors, eight regular inspectors and such other special inspectors as the duties of the office may require. See act No. 12 of 1905, act Nos. 70, 110 and 146 of 1909, and act Nos. 224 and 242 of 1913.


The commissioner is, by virtue of his office, the state superintendent of weights and measures. His deputy shall be the deputy superintendent of weights and measures and all inspectors appointed by the commissioner shall be state inspectors and sealers of weights and measures. See act No. 168 of 1913.


DUTIES OF STATE MILITARY BOARD.


The board is composed of five members appointed by the governor, of which the chief of staff is president and the adjutant general is recorder. The board, constituting an advisory body to the commander-in-chief on all state military matters, shall inspect and report to the commander-in-chief on all estimates and accounts of and for the national guard and audit all claims of a military character against the state. Requisi- tions of the quartermaster general upon the state treasury for funds must be approved by the commander-in-chief and military board. No contract pertaining to the military department in behalf of the state, exceeding an expenditure of three hundred dollars, shall be valid until approved by the board. Whenever necessary in the performance of their duties any one of them has power to administer oaths. The board is empowered by law to prepare and promulgate all articles, rules and regulations for the government of the national guard, not inconsistent with the laws of the United States or of this state, such articles, rules and regulations to be approved by the commander-in-chief and filed in the office of the secretary of state.


Upon application, the military board issues to members of the national guard who have served six consecutive years a certificate of such service. All military encamp- ments are established at such place or places within the state as the commander-in-chief, with the advice of the state military board, may select. All bonds of the company commanders and other officers in charge of public military property must be approved by the board. The uniform and arms of the national guard are adopted by the state military board, with the approval of the commander-in-chief.


The board has charge and control of the soldiers' cemetery at Detroit, which is set apart and used exclusively as a place of interment for deceased Michigan soldiers, sailors and marines of the war of the rebellion not otherwise provided with a final resting


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DEPARTMENT DUTIES.


place. Admission of Michigan soldiers, sailors and marines of the late war to the hospitals for the insane are granted by the state military board.


CHIEF OF STAFF.


The chief of staff is appointed by the governor and holds his office for a period of two years or until his successor is appointed and holds the rank of brigadier general. All orders of the commander-in-chief are promulgated by him and all communications of a military character to the commander-in-chief are transmitted through his office, which is kept at Lansing. He attends the commander-in-chief at all reviews of the national guard or wherever ordered in the performance of military duty. He presents to the commander-in- chief all recommendations of the state military board and issues such orders as are directed in relation thereto.




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