USA > Michigan > Michigan official directory and legislative manual for the years 1913-1914 > Part 9
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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.
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 rail- road companies whereby discrimination is made in favor of either of such companies as against other companies owning connecting or intersecting lines of railroad.
Sec. 1, Art. XIX-A.
SEC. 8. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon at least sixty days' public notice to all stockholders in such manner as shall be provided by law.
No change from Sec. 2, Art. XIX-A, except in phraseology.
SEC. 9. No general law providing for the incorporation of trust companies or cor- porations for banking purposes, or regulating the business thereof, shall be adopted, amended or repealed except by a vote of two-thirds of the members elected to each house of the legislature. Such laws shall not authorize the issue of bank notes or paper credit to circulate as money.
Supplants Sec. 2, Art. XV.
ARTICLE XIII. EMINENT DOMAIN.
SECTION 1. Private property shall not be taken by the public nor by any corporation for public use, without the necessity therefor being first determined and just compensation therefor being first made or secured in such manner as shall be prescribed by law.
Supplants Secs. 9 and 15, Art XV.
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SEC. 2. When private property is taken for the use or benefit of the public, the necessity for using such property and the just compensation to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders re- siding in the vicinity of such property, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law: Provided, That the foregoing provision shall not be construed to apply to the action of commissioners of highways or road commissioners in the official discharge of their duties.
Sec. 2, Art. XVIII.
SEC. 3. Private roads may be opened in the manner prescribed by law; but in every case the necessity for the road and the amount of all damages to be sustained by the opening thereof shall be first determined by a jury of six freeholders or by not less than three commissioners, and such amount, together with the expense of pro- ceedings, shall be paid by the person or persons to be benefited.
Revision of Sec. 14, Art. XVIII.
SEC. 4. The regents of the university of Michigan shall have power to take private property for the use of the university, in the manner prescribed by law.
New.
ARTICLE XIV.
EXEMPTIONS.
SECTION 1. The personal property of every resident of this state, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars from sale on execution or other final process of any court.
No change from Sec. 1, Art. XVI, except in phraseology.
SEC. 2. Every homestead of not exceeding forty acres of land and the dwelling house thereon and the appurtenances to be selected by the owner thereof and not in- cluded in any town plat, city or village; or instead thereof, at the option of the owner, any lot in any city, village or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of the state, not exceeding in value fifteen hundred dollars, shall be exempt from forced sale on execution or any other final process from a court. Such exemption shall not extend to any mortgage thereon lawfully obtained, but such mort- gage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of his wife to the same.
No change from Sec. 2, Art. XVI, except in phraseology.
SEC. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of his debts in all cases during the minority of his children.
No change from Sec. 3, Art. XVI, except in phraseology.
SEC. 4. If the owner of a homestead die, leaving a widow but no children, such homestead shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.
No change from Sec. 4, Art. XVI, except in phraseology.
ARTICLE XV.
MILITIA.
SECTION 1. The militia shall be composed of all able-bodied male citizens between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or of this state; but all such citizens of any religious denomination,
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CONSTITUTION OF THE STATE OF MICHIGAN.
who, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.
SEC. 2. The legislature shall provide by law for organizing, equipping and dis- ciplining the militia in such manner as it shall deem expedient, not incompatible with the laws of the United States.
SEC. 3. Officers of the militia shall be elected or appointed and be commissioned in such manner as may be prescribed by law.
No change in above sections from Art. XVII, except in phraseology.
ARTICLE XVI.
MISCELLANEOUS PROVISIONS.
SECTION 1. The terms of office of all elective state officers and of all judges of courts of record shall begin on the first day of January next succeeding their election, except as otherwise prescribed in this constitution. The terms of office of all county officers shall begin on the first day of January next succeeding their election, except as other- wise prescribed by law.
This section is a condensation of like provisions appearing in various sections of the constitution of 1850.
SEC. 2. Members of the legislature and all officers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States and the con- stitution of this state, and that I will faithfully discharge the duties of the office of according to the best of my ability." No other oath, declaration or test shall be required as a qualification for any office or public trust.
No change from Sec. 1, Art. XVIII.
SEC. 3. Neither the legislature nor any municipal authority shall grant or authorize extra compensation to any public officer, agent, employe or contractor after the service has been rendered or the contract entered into. Salaries of public officers, except circuit judges, shall not be increased, nor shall the salary of any public officer be decreased after election or appointment.
Revision of Sec. 21, Art. IV and Sec. 20 of the Schedule.
SEC. 4. In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the legislature in joint convention shall choose one of said persons to fill such office. When the determi- nation of the board of state canvassers is contested, the legislature in joint convention shall decide which person is elected.
No change from Sec. 5, Art. VIII.
SEC. 5. The legislature may provide by law the cases in which any office shall be deemed vacant and the manner of filling vacancies, where no provision is made in this constitution.
No change from Sec. 37, Art. IV, except in phraseology.
SEC. 6. The laws, public records and the written judicial and legislative proceed- ings of the state shall be conducted, promulgated and preserved in the English language.
No change from Sec. 6, Art. XVIII.
SEC. 7. The legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law.
No change from Sec. 23, Art. VI.
SEC. 8. The real and personal estate of every woman, acquired before marriage,
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and all property to which she may afterwards become entitled by gift, grant, inheritance or devise shall be and remain the estate and property of such woman, and shall not be liable for the debts, obligations or engagements of her husband, and may be devised or bequeathed by her as if she were unmarried.
No change from Sec. 5, Art. XVI, except in phraseology.
SEC. 9. Aliens, who are or who may hereafter become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and in- heritance of property as native born citizens.
No change from Sec. 13, Art. XVIII.
SEC. 10. No lease or grant of agricultural land for agricultural purposes for a longer period than twelve years, reserving any rent or service of any kind, shall be valid.
Sec. 12, Art. XVIII.
ARTICLE XVII.
AMENDMENT AND REVISION.
SECTION 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals, respectively, with the yeas and nays taken thereon; and the same shall be submitted to the electors at the next spring or autumn election thereafter, as the legislature shall direct; and, if a majority of electors qualified to vote for members of the legislature voting thereon shall ratify and approve such amendment or amend- ments, the same shall become part of the constitution.
No change from Sec. 1, Art. XX.
SEC. 2. Amendments may also be proposed to this constitution by petition of the qualified electors of this state but no proposed amendment shall be submitted to the electors unless the number of petitioners therefor shall exceed twenty per cent of the total number of electors voting for secretary of state at the preceding election of such officer. All petitions shall contain the full text of any proposed amendment, together with any existing provisions of the constitution which would be altered or abrogated thereby. Such petitions shall be signed at the regular registration or election places at a regular registration or election under the supervision of the officials thereof, who shall verify the genuineness of the signatures and certify the fact that the signers are registered electors of the respective townships and cities in which they reside, and shall forthwith forward the petitions to the secretary of state. All petitions for amend- ments filed with the secretary of state shall be certified by that officer to the legislature at the opening of its next regular session; and, when such petitions for any one proposed amendment shall be signed by not less than the required number of petitioners, he shall also submit the proposed amendment to the electors at the first regular election there- after, unless the legislature in joint convention shall disapprove of the proposed amend- ment by a majority vote of the members elected. The legislature may, by a like vote, submit an alternative or a substitute proposal on the same subject. The action of the legislature shall be entered on the journal of each house, with the yeas and nays taken thereon. But no amendment to this section may be proposed in the manner herein prescribed.
If a majority of the electors qualified to vote for members of the legislature voting thereon shall ratify and approve any such amendment or amendments, the same shall become a part of the constitution: Provided, That for any amendment proposed under this section, the affirmative vote shall be not less than one-third of the highest number of votes cast at the said election for any office. In case alternative proposed amend- ments on the same subject are submitted at the same election, the vote shall be for one of such alternatives or against such proposed amendments as a whole. If the affirmative vote for one proposed amendment is the required majority of all the votes cast for ard
-
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CONSTITUTION OF THE STATE OF MICHIGAN.
against such proposed amendments, it shall become a part of the constitution. If the total affirmative vote for such alternative proposed amendments is the required majority of all the votes for and against them, but no one proposed amendment receives such majority, then the proposed amendment which receives the largest number of affirmative votes shall be submitted at the next regular election, and if it then receives the required majority of all the votes cast thereon it shall become a part of the con- stitution. The legislature shall enact appropriate laws to carry out the provisions of this section.
New.
SEC. 3. All proposed amendments to the constitution submitted to the electors shall be published in full, with any existing provisions of the constitution which would be altered or abrogated thereby, and a copy thereof shall be posted at each registration and election place. Proposed amendments shall also be printed in full on a ballot or ballots separate from the ballot containing the names of nominees for public office. New.
SEC. 4. At the general election to be held in the year nineteen hundred twenty- six, in each sixteenth year thereafter and at such other times as may be provided by law, the question of a general revision of the constitution shall be submitted to the elec- tors qualified to vote for members of the legislature. In case a majority of such electors voting at such election shall decide in favor of a convention for such purpose, at the next biennial spring election the electors of each senatorial district of the state as then organized shall elect three delegates. The delegates so elected shall convene at the state capitol on the first Tuesday in September next succeeding such election, and shall continue their sessions until the business of the convention shall be completed. A majority of the delegates elected shall constitute a quorum for the transaction of business. The convention shall choose its own officers, determine the rules of its pro- ceedings and judge of the qualifications, elections and returns of its members. In case of a vacancy by death, resignation or otherwise, of any delegate, such vacancy shall be filled by appointment by the governor of a qualified resident of the same district. The convention shall have power to appoint such officers, employes and assistants as it may deem necessary and to fix their compensation, and to provide for the printing and distribution of its documents, journals and proceedings. Each delegate shall receive for his services the sum of one thousand dollars and the same mileage as shall then be payable to members of the legislature, but such compensation may be increased by law. No proposed constitution or amendment adopted by such convention shall be submitted to the electors for approval as hereinafter provided unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal. Any proposed constitution or amendments adopted by such convention shall be submitted to the qualified electors in the manner provided by such convention on the first Monday in April following the final adjournment of the conven- tion; but, in case an interval of at least ninety days shall not intervene between such final adjournment and the date of such election, then it shall be submitted at the next general election. Upon the approval of such constitution or amendments by a majority of the qualified electors voting thereon such constitution or amendments shall take effect on the first day of January following the approval thereof.
Substituted for Sec. 2, Art. XX.
SCHEDULE.
That no inconvenience may arise from the changes in the constitution of this state, and in order to carry the same into complete operation, it is hereby declared that:
SECTION 1. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed.
Final words "by the legislature" omitted.
SEC. 2. All writs, actions, causes of action, prosecutions and rights of individuals,
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sand of bodies corporate, and of the state, and all charters of incorporation which shall not have been heretofore forfeited or become subject to forfeiture shall continue; and all complaints, informations or indictments which shall have been made, filed or found or which may hereafter be made, filed or found for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts shall continue with the same powers and jurisdiction, both at law and in equity, as heretofore, until otherwise provided by law.
No change.
SEC. 3 .. All fines, taxes, penalties, forfeitures and escheats, accruing to the state or any municipal corporation under the existing constitution and laws, shall accrue to the use of the state or such municipal corporation under this constitution.
No change.
SEC. 4. All recognizances, bonds, obligations and all other instruments entered into or executed before the adoption of this constitution to the people of this state, or to any municipal corporation, or to any public officer or public body, or which may be entered into or executed under existing laws to the people of this state or to any such officer or public body shall remain binding and valid, and rights and liabilities upon the same shall continue and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions shall be prosecuted, tried and punished as though no change had taken place, until otherwise provided by law.
No change, except in phraseology.
SEC. 5. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force or under this constitution.
No change from Sec. 6, Schedule.
SEC. 6. All officers elected under the existing constitution and laws on the Tuesday after the first Monday of November, nineteen hundred eight, shall take office on and after the first day of January, nineteen hundred nine, under this constitution.
Supplants Sec. 8, Schedule.
SEC. 7. Until otherwise provided, the salaries or compensation of all public officers shall continue as provided under the existing constitution and laws.
Supplants Sec. 20, Schedule.
SEC. 8. The attorney general of the state shall prepare and report to the legislature at the commencement of the next session such changes in existing laws as may be deemed necessary to adapt the same to this constitution.
Supplants Sec. 14, Schedule.
SEC. 9. Any territory attached or that may be attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming a part of such county, so far as regards elections for the purpose of representation.
No change from Sec. 15, Schedule, except in phraseology.
SEC. 10. This constitution shall be submitted to the people for their adoption or rejection at the general election to be held on the Tuesday after the first Monday of November, nineteen hundred eight. It shall be the duty of the secretary of state to forthwith give notice of such submission to the sheriffs of the several counties, and it shall also be the duty of the secretary of state and all other officers required to give or publish any notice in regard to said election, to give notice as provided by law in case of an election for governor, that this constitution will be duly submitted to the electors at said election.
Supersedes Sec. 16, Schedule.
CONSTITUTION OF THE STATE OF MICHIGAN.
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SEC. 11. Every person entitled to vote for members of the legislature under the existing constitution and laws may vote on said adoption or rejection, and the board of election commissioners in each county shall cause to be printed on a ballot separate from the ballot containing the names of the nominees for office the words "Adoption of the Revised Constitution [ ] Yes." "Adoption of the Revised Constitution [ ] No." All votes cast at said election shall be taken, counted, canvassed and returned as provided by law for the election of state officers. Should the revised constitution so submitted receive more votes in its favor than shall be cast against it, it shall be the supreme law of the state on and after the first day of January, nineteen hundred nine, except as herein otherwise provided; otherwise it shall be rejected.
Supplants Secs. 17, 18 and 19, Schedule.
Adopted by the Constitutional Convention of nineteen hundred seven at the capitol at Lansing on the twenty-first day of February, nineteen hundred eight.
PAUL H. KING,
JOHN J. CARTON, President.
Secretary.
ELIMINATED SECTIONS OF THE CONSTITUTION OF 1850.
ART. IV, SECTION 4. All' that portion which directs the taking of a state census once in ten years.
ART. IV, SEC. 16. Allowing the legislature to provide for the payment of postage on mailable matter received by its members, but not on any sent by them.
ART. VII, SEC. 8. Providing that any inhabitant engaging in a duel shall be dis- qualified from voting or holding office.
ART. X, SEC. 10. Giving certain county boards of supervisors or auditors exclusive power to fix compensation for services rendered for and adjust claims against their respective counties, subject to no appeal. This section superseded by Sec. 9, Art. VIII.
ART. XIV, SEC. 2. Providing for a sinking fund of at least $20,000 a year, beginning in the year 1852, to be applied to the extinguishment of the state debt.
ART. XV, SEC. 1. All that portion which permits the legislature to create a single bank with branches.
ART. XV, SEC. 3. Making the officers and stockholders of banking corporations which issue bank notes or paper credits to circulate as money individually liable for debts, etc.
ART. XV, SEC. 4. Providing for the registry of all bills or notes issued or put in circulation as money.
ART. XV, SEC. 5. Making the bill holders of any bank preferred creditors in case of its insolvency,
ART. XV, SEC. 6. Providing that the legislature shall pass no law authorizing the suspension of specie payments by any person, association or corporation.
ART. XV, SEC. 16. Requiring notice to be given of any application for an altera- tion of the charter of any corporation.
ART. XIX, SEC: 1. Providing that certain counties of the upper peninsula, with certain islands, shall constitute a separate judicial district.
ART. XIX, SEC. 2. Providing for the election of a district judge for the territory mentioned in section 1, and defining his powers and duties.
ART. XIX, SEC. 3. Providing for a district attorney for said district.
ART. XIX, SEC. 4. Prescribing the representation of said district in the legislature.
ART. XIX, SEC. 5. Providing salaries in said district for the judge, district at- torney, and extra compensation for members of the legislature.
ART. XIX, SEC. 6. Prescribing the time for election and the canvass of votes in said district.
ART. XIX, SEC. 7. Providing for a division between the state and the several counties, of the annual tax of one per cent from mining corporations of the upper peninsula.
2
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ART. XIX, SEC. 8. Permitting the legislature to change the location of the state prison from Jackson to the upper peninsula.
ART. XIX, SEC. 9. Relative to amending special charters then existing of mining corporations.
SCHEDULE, SECS. 5, 7, 8, 9, 10, 11, 12 and 13.
SCHEDULE, SECS. 16, 17, 18 and 19, superseded by Secs. 10 and 11 of the Schedule. SCHEDULE, Sec. 20. A similar provision appears in Art. XVI, Sec. 3.
SCHEDULE, SEC. 21.
SCHEDULE, SEC. 22. See Art. V, Sec. 3.
SCHEDULE, SECS. 23, 25, 26 and 29.
SCHEDULE, SEC. 24. Substantially the same provision is found in Art. XVI, Sec. 1.
SCHEDULE, SEC. 27. Similar provisions found in Art. V, Sec. 4.
SCHEDULE, SEC. 28. Superseded by Art. XVI, Sec. 1.
AMENDMENTS TO CONSTITUTION OF 1909.
SUMMARY OF VOTES BY WHICH ADOPTED OR REJECTED FROM 1909 TO 1912.
NOVEMBER, 1910.
An amendment "relative to bonded indebtedness of counties," was submitted to the people November 8, 1910, and adopted by the following vote: For, 137,147; against, 128,729.
APRIL, 1911.
An amendment "relative to the apportionment of primary school interest money," was submitted to the people April 3, 1911, and adopted by the following vote: For, 246,167; against, 118,391.
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