USA > Michigan > Michigan official directory and legislative manual for the years 1917-1918 > Part 61
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2
2
294
Total.
20,769
2,399
1,630
115
94
4,238
2,428
1,576
114
95
4,213
1
2
99
47
48
Clam Lake.
954
102
56
1
.
.
98
52
33
2
11
.
.
4
74
54
15
5
74
Liberty .
370
54
16
National Progressive.
Socialist.
Prohibition.
Socialist Labor.
Republican.
Democrat.
Socialist.
Prohibition.
MICHIGAN MANUAL.
.
·
213
103
111
214
812
87
37
2
11
6
Harring .
৳ 22
Boon. .
29
358
.
.
.
.
.
.
.
Counties, townships, cities and wards.
Republican.
Democrat.
·
162
611
THE LEGISLATURE.
OF THE LEGISLATURE.
AN ACT to provide the manner of paying the compensation of members of the legis- lature, and to make an appropriation therefor.
[Act No. 1, P. A. 1909, as amended by Act No. 207 of 1909.]
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. .
AN ACT to provide for the payment of the officers and members of the legislature.
(a) [Act No. 3, Laws of 1873.]
§ 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-
(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.
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MICHIGAN MANUAL.
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 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- ployed 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.
See Smith v. Aud. Gen., 165/140.
AN ACT to prescribe the duties of the secretary of the senate and the clerk of the house of representatives during the interim of sessions of the legislature, to fix their compensa- tion, and to make an appropriation therefor.
[Act No. 305, P. A. 1915.] The People of the State of Michigan enact:
SECTION 1. The secretary of the senate and the clerk of the house of representatives, at the close of each regular or special session of the legislature, shall compile and prepare for publication, make indexes to, and superintend the publication of the journals and documents of the senate and house of representatives, respectively. They shall also make a compilation and digest of the legislative decisions of the senate and house of representatives, respectively, arrange the same in a convenient form for reference, and shall report the result of their work thereon to the respective houses at the opening of the next regular session of the legislature. They shall have custody and control of tlie documents of the respective houses, and shall, on request therefor, furnish to members
613
THE LEGISLATURE.
of the senate and house of representatives, to state officers, and, in their discretion, to citizens of Michigan and other states, printed copies of bills and joint resolutions, (if there be a sufficient supply of such printed copies on file), and shall furnish typewritten copies of any such documents of which there are not printed copies, upon the payment of the actual cost of typewriting such documents. They shall also, in the interim of the regular sessions of the legislature, prepare and have bound complete files of all printed bills and joint resolutions, and all enrolled acts of their respective houses; two copies of which, when bound, shall be kept in their respective offices. They shall also, in the interim of the regular sessions of the legislature, prepare, so far as is possible, the legislative handbook for the next regular session of the legislature, to the end that such handbooks may be ready for printing and distribution at the earliest possible date after the convening of the legislature in regular session. They shall also revise the rules of the senate and house of representatives, and shall present to their respective houses, at the opening of the next regular session of the legislature, the revision of the rules of procedure for consideration of the senate and house of representatives. They shall also furnish to the members of the senate and house of representatives, upon request therefor, assistance in the drafting of bills and joint resolutions, and information in regard to matters of legislation. They shall also prepare a digest of the practice and procedure in the senate and house of representatives, respectively, together with a digest of the constitutional and statutory provisions relating thereto. The secretary of the senate and the clerk of the house of representatives shall also perform such other duties and do such other things as shall, in their judgment, tend to expedite and make more uniform the work of the legislature while in session.
SEC. 2. The secretary of the senate and the clerk of the house of representatives shall, during the interim of the regular sessions of the legislature of nineteen hundred fifteen and nineteen hundred seventeen, revise the election and registration laws of the state, and shall prepare a bill or bills for the consolidation and revision of the laws of the state relating to registration and election, and shall report to the legislature of nineteen hundred seventeen, at the opening of the session, the bill or bills prepared, printed copies of which bill or bills shall be forwarded to members of the legislature and to other persons applying therefor. In their report they shall enumerate such omissions, contradictions, duplications and other imperfections as may be found in the existing statutes so proposed to be revised and consolidated, together with the reasons for the proposed changes, as shown by the bill or bills reported, and the said bill or bills shall provide for the repeal of all statutes which would be superseded or covered by the bill or bills so reported. The secretary of the senate and the clerk of the house of rep- resentatives are hereby authorized to employ a stenographer during the time neces- sary for performing the work provided for by this section, and shall be provided with the necessary stationery and postage by the board of state auditors. The compensa- tion to be paid such stenographer and the amount to be expended for stationery and postage shall be fixed and allowed by the board of state auditors, and paid by the state treasurer out of the general fund of the state treasury. The printing of the report of the secretary of the senate and the clerk of the house of representatives and of the bill or bills prepared by them, and any other necessary pri.iting in connection with the work, shall be done by the state printers on the order of the board of state auditors, the same as other state printing is done.
SEC. 3. The secretary of the senate and clerk of the house of representatives shall each receive compensation at the rate of two thousand five hundred dollars per annum, which shall be paid to such officers, respectively, at such times and in such manner as state officers and department employes are now paid, under the laws providing therefor.
SEC. 4. 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.
SEC. 5. The auditor general shall incorporate in the state tax for the year nineteen hundred fifteen, and every year thereafter, an amount sufficient to reimburse the general fund for the sums appropriated by this act.
SEC. 6. All acts and parts of acts contravening the provisions of this act are hereby repealed.
614
MICHIGAN MANUAL.
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 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.
[Sec. 40, Ch. xiii, Act 314, P. A. 1915.]
SECTION 40. No officer of the senate or house of representatives, wliile in actual attendance upon the duties of his office, shall be liable to arrest on civil process.
See Const. of Mich., Art. 5, Sec. 8. As to service upon an officer of process not requiring arrest, see Case v. Rohrbacher, 15 Mich. 537.
(a) [Compiled Laws 1897, § § 35-38.]
(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; Casli's Appeal, 6 Mich. 193.
615
THE LEGISLATURE.
§ 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.
§ 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.
FILING OF OATHS OF OFFICE OF MEMBERS AND OFFICERS.
AN ACT requiring the filing of the oaths of office of the members and officers of the legislature, in the office of the secretary of state.
[Act No. 304, P. A. 1913.] The People of the State of Michigan enact:
SECTION 1. It is hereby made the duty of the secretary of the senate and the clerk of the house of representatives, of each succeeding session of the legislature, to have the oaths of office of the members and officers of their respective bodies, bound together in a proper volume for filing and record, and present the same to the secretary of state, to be by that officer filed and preserved of record.
(a) The office of chancellor was abolished in 1847.
616
MICHIGAN MANUAL.
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 im- posed 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- spective houses.
DRAWING OF SEATS BY MEMBERS OF THE HOUSE OF REPRESENTATIVES.
[Compiled Laws of 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 liouse shall be selected by the members by lot in a manner as follows: 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,
617
THE LEGISLATURE.
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.
SENATE RULES.
[Adopted January 3, 1917.]
PRESIDENT .- HIS POWERS AND DUTIES.
Shall preside.
RULE 1. 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 tempore, 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.
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