USA > Michigan > Michigan official directory and legislative manual for the years 1917-1918 > Part 9
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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companies or cor- porations for banking purposes, or regulating the business thereof, shall be adopted, amended or repealed except by a vote of two thirds of the members elected to each house of the legislature.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.
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 com- pensation therefor being first made or secured in such manner as shall be prescribed by law.
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
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MICHIGAN MANUAL.
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. 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.
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.
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.
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.
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.
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.
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, who, from scruples of conscience, may be averse to bearing arms, shall be excused there- from 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 shail be elected or appointed and be commissioned in such manner as may be prescribed by law.
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.
53
CONSTITUTION OF THE STATE OF MICHIGAN.
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.
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.
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.
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.
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. SEC. 7. The legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law.
SEC. 8. The real and personal estate of every woman, acquired before marriage, 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.
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 inheritance of property as native born citizens.
. 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.
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.
(a) SEC. 2. Amendments may also be proposed to this constitution by petition of the qualified voters of this state. Every such petition shall include the full text of the amendment so proposed and be signed by not less than ten per cent of the legal voters of the state. Initiative petitions proposing an amendment to this constitution shall be filed with the secretary of state at least four months before the election at which such proposed amendment is to be voted upon. Upon receipt of such petition by the secretary of state, he shall canvass the same to ascertain if such petition has been signed by the requisite number of qualified electors, and if the same has been so signed, the pro- posed amendment shall be submitted to the electors at the next regular election at which any state officer is to be elected. Any constitutional amendment initiated by the people as herein provided, shall take effect and become a part of the constitution
(a) As amended by concurrent resolution No. 3, public acts of 1913, p. 780; ratified April election, 1913.
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MICHIGAN MANUAL.
if the same shall be approved by a majority of the electors voting thereon and not otherwise. Every amendment shall take effect thirty days after the election at which it is approved. The total number of votes cast for governor at the regular election last preceding the filing of any petition proposing an amendment to the constitution, shall be the basis upon which the number of iegal voters necessary to sign such a petition shall be computed. The secretary of state shall submit all proposed amendments to the constitution initiated by the people for adoption or rejection in compliance here- with. The petition shall consist of sheets in such form and having printed or written at the top thereof such heading as shall be designated or prescribed by the secretary of state. Such petition shall be signed by qualified voters in person only, with the residence address of such persons and the date of signing the same. To each of such petitions, which may consist of one or more sheets, shall be attached the affidavit of the elector circulating the same, stating that each signature thereto is the genuine signature of the person signing the same, and that to the best knowledge and belief of the affiant each person signing the petition was at the time of signing a qualified elector. Such petition so verified shall be prima facie evidence that the signatures thereon are genuine, and that the persons signing the same are qualified electors. The text of all amendments to be submitted shall be published as constitutional amendments are now required to be published.
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.
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 electors 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 con- vention; 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.
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
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CONSTITUTION OF THE STATE OF MICHIGAN.
to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed.
SEC. 2. All writs, actions, causes of action, prosecutions and rights of individuals, and 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.
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.
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.
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.
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.
SEC. 7. Until otherwise provided, the salaries or compensation of all public officers shall continue as provided under the existing constitution and laws.
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.
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.
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.
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.
Adopted by the Constitutional Convention of nineteen hundred seven at the capitol at Lansing on the twenty-first day of February, nineteen hundred eight.
JOHN J. CARTON, President.
PAUL H. KING,
Secretary.
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MICHIGAN MANUAL.
AMENDMENTS TO CONSTITUTION OF 1909.
SUMMARY OF VOTES BY WHICH ADOPTED OR REJECTED FROM 1909 TO 1915.
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.
NOVEMBER, 1912.
An amendment "relative to the right of women to vote," was submitted to the people November 5, 1912, and rejected by the following vote: For, 247,375; against, 248,135.
An amendment "relative to the amendment of the charters of cities and villages," was submitted to the people November 5, 1912, and adopted by the following vote: For, 285,373; against, 137,972.
APRIL, 1913.
An amendment "relative to the right of women to vote," was submitted to the people April 7, 1913, and rejected by the following vote: For, 168,738; against, 264,882.
An amendment "relative to initiative and referendum on constitutional amend- ments," was submitted to the people April 7, 1913, and adopted by the following vote: For, 204,796; against, 162,392.
An amendment "relative to the initiative and referendum upon legislative matters," was submitted to the people April 7, 1913, and adopted by the following vote: For, 219,057; against, 152,388.
An amendment "relative to the relief, insuring, or pensioning of members of fire departments," was submitted to the people April 7, 1913, and rejected by the following vote: For, 179,948; against, 206,204.
An amendment "relative to the recall of elective officers," was submitted to the people April 7, 1913, and adopted by the following vote: For, 237,743; against, 145,412.
NOVEMBER, 1914.
An amendment "relative to issue of bonds for construction and permanent improve- ment of public wagon roads," was submitted to the people November 3, 1914, and re- jected by the following vote: For, 164,333; against, 202,087.
An amendment "relative to the issue of bonds for the construction of drains and development and improvement of agricultural lands within the county," was submitted to the people November 3, 1914, and rejected by the following vote: For, 165,290; against, 199,873.
An amendment "relative to the right of students while in attendance at any institu- tion of learning; members of the legislature while in attendance at any session of the
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AMENDMENTS TO CONSTITUTION OF 1909.
legislature, or commercial travelers, to vote," was submitted to the people November 3, 1914, and adopted by the following vote: For, 190,510; against, 175,948.
An amendment "relative to the incorporation, regulation and supervision of fraternal beneficiary societies," was submitted to the people November 3, 1914, and rejected by the following vote: For, 92,392; against 291,776.
APRIL, 1915.
An amendment "relative to permitting drainage districts to issue bonds for drainage purposes" was submitted to the people April 5, 1915, and rejected by the following vote: For, 191,337; against, 198,553.
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MICHIGAN MANUAL.
INDEX!
Art.
Sec.
A.
Absent Members-
attendance of, how compelled .
V
14
Absent Voters-
III
1
Abuses of Elective Franchise-
III
8
Accounts-
public, keeping and audit of .
X
18
uniform reports of.
X
18
what to contain.
X
18
to be public records.
X
18
Accusation-
accused to be informed of nature of
II
19
Accused-
acquittal of, in prosecution for libel
II
18
rights of, in criminal prosecution.
II
19
Acquittal ----
II
14
of accused in prosecution for libel.
II
18
Actions-
not affected by adoption of constitution.
Sched.
2
Acts-
when to take effect.
1,21 .
what may be given immediate effect.
V
1,21 1
initiated or adopted by people, not subject to veto. how amended or repealed . how published
V
1
Adjournment-
final, to be at noon.
13
approval of bills after.
36
publication of laws after
V
39
impeachments to be tried after
IX
2
from day to day, by less than quorum.
V
14
for more than three days, how not to be taken.
V
18
Affirmation or Oath-
II
10
Agricultural College
XI
8
salt spring lands appropriated to support of
XI
13
direction and control of,
XI
8
Agricultural Land-
XVI
10
Agriculture
XI
7, 8
Aliens- property rights of .
XVI
9
Alleys-
legislature not to vacate or alter.
VIII
27
right of municipalities to control.
VIII
28
use of, for public utilities. .
VIII
28
Almshouses-
electors in, not deemed to have gained or lost residence.
III
2
cities and villages may maintain.
VIII
22
Amendments-
to constitution, how proposed.
XVII
1
proceedings on .
XVII
1
when submitted to electors.
XVII
1,2
when to become part of constitution. how may be initiated .
XVII
1,2
XVII
2
publication of proposed
XVII
2,3
.
1
warrant not to issue without support of .
general supervision of legislature to maintain.
XI
10
Agricultural College Funds-
lease or grant of, limited to 12 years
state board of, election, organization and duties of, etc.
V
V
no person to be tried for same offense after
certain, not deprived of vote.
laws to be passed to guard against
59
INDEX TO CONSTITUTION OF MICHIGAN.
Art.
Sec.
Annual Tax-
for support of state government.
X
2
Appeals-
when accused to have assistance in perfecting. from supervisors or county auditors
VIII
9
Appellate Jurisdiction-
VII
4
when supreme court to have only. of circuit courts .
VII
10
Appointment-
member of legislature not to receive
7
judges not to exercise powers of .
VII
6,11
Apportionment-
V
4
Appropriations-
V
1,21
money paid out of treasury only in pursuance of.
X .
16
Arms-
right to bear, guaranteed .
II
5
Arrest-
when elector privileged from
III
5
privilege of members of legislature from.
V
.
8
Assessment-
municipal, to be levied only for public purposes .
VIII
25
of corporate property by state board.
X
5
Assessments-
X
7
equalization of, by state board.
Y
8
Assessors-
X
3
Assistance of Counsel-
accused to have.
II
19
Associate Justices-
VII
2
Asylum-
III
2
bill of, not to be passed.
II
9
suitor may prosecute or defend by.
II
12
Attorney General-
VI
1
where to keep office salary of. .
VI
21
to prepare changes in laws required by new constitution. Audit-
Sched.
8
of public accounts, to be provided for to be public records
x
18
Auditor General- election of .
VI
1
where to keep office.
VI
1
salary of .
VI
21
Auditors-
VI
20
county, duties of . appeals from
VIII
9
VIII
9
B.
Bail-
right of, guaranteed . excessive, not to be required .
II
14
Ballot ---
when votes to be given by ..
III
7
on adoption of constitution, form of .
Sched.
11
Bank Notes-
not to be issued .
XII.
9
Banking Corporations-
laws relating to, how passed, etc.
XII
9
to be at cash value.
state board of, rate of taxation on property assessed by . assessment of corporate property by
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