Michigan official directory and legislative manual for the years 1921-1922, Part 10

Author: Michigan. Dept. of State. cn
Publication date: 1921
Publisher: Lansing : [State of Michigan]
Number of Pages: 956


USA > Michigan > Michigan official directory and legislative manual for the years 1921-1922 > Part 10


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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 pro- vided by law for the election of state officers. Should the revised constitution so sub- mitted 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.


57


AMENDMENTS TO CONSTITUTION OF 1909.


AMENDMENTS TO CONSTITUTION OF 1909.


SUMMARY OF VOTES BY WHICH ADOPTED OR REJECTED FROM 1909 TO 1919.


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 amendments," 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 rejected 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 insti- tution of learning; members of the legislature while in attendance at any session of the 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.


58


MICHIGAN MANUAL.


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.


NOVEMBER, 1916.


An amendment to prohibit the manufacture, sale, etc., of intoxicating liquors, was submitted to the people November 7, 1916, and adopted by the following vote: For, 353,378; against, 284,754.


An amendment providing for local option by cities, villages and townships, was sub- mitted to the people November 7, 1916, and rejected by the following vote: For, 256,272; against, 378,871.


An amendment "relative to right of repeal of local or special acts by the legislature," was submitted to the people November 7, 1916, and adopted by the following vote: For, 283,823; against, 275,701.


An amendment "relative to the incorporation, regulation and supervision of fraternal benefit societies," was submitted to the people November 7, 1916, and rejected by the following vote: For, 225,220; against, 349,810.


APRIL, 1917.


An amendment "authorizing drainage districts to issue bonds for drainage purposes," was submitted to the people April 2, 1917, and adopted by the following vote: For, 198,918; against, 139,027.


An amendment "relative to the elective franchise," was submitted to the people April 2, 1917, and adopted by the following vote: For, 216,270; against, 114,594.


An amendment authorizing the state to acquire, hold and dispose of certain property (railroads), was submitted to the people April 2, 1917, and adopted by the following vote: For, 242,969; against, 100,722.


An amendment "relative to the construction, improvement and maintenance of highways," was submitted to the people April 2, 1917, and adopted by the following vote: For, 209,559; against, 126,871.


An amendment "relative to the salaries of state officers," was submitted to the people April 2, 1917, and rejected by the following vote: For, 148,625; against, 193,119.


NOVEMBER, 1918.


An amendment "providing that all proposed amendments be printed on one ballot," was submitted to the people November 5, 1918, and adopted by the following vote: For, 317,070; against, 90,744.


An amendment "relative to the right of women to vote at any and all elections," was submitted to the people November 5, 1918, and adopted by the following vote: For, 229,790; against, 195,284.


APRIL, 1919.


An amendment "relative to authorizing the state to borrow money to be used for highway purposes and to issue bonds therefor," was submitted to the people April 7, 1919, and adopted by the following vote: For, 558,572; against, 225,239.


An amendment "relative to the increase or decrease of salaries of public officers after appointment or election," was submitted to the people April 7, 1919, and rejected by the following vote: For, 313,539; against, 418,778.


An amendment "relative to the manufacture, etc., of cider, wines, beer, etc.," was submitted to the people April 7, 1919, and rejected by the following vote: For, 322,603; against, 530,123.


59


INDEX TO CONSTITUTION OF MICHIGAN.


INDEX.


Art.


Sec.


Absent Electors-


certain, not deprived of vote


III


1


legislature to prescribe manner, etc., of voting of.


III


1


to provide for canvass and return of votes of.


III


1


to have power to pass laws covering other


III


1


Absent Members-


attendance of, how compelled.


14


Absent Voters-


certain, not deprived of vote


III


1


laws to be passed to guard against


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


Acquisition ----


when state has right of, of certain railroads


X


20


debts of such railroads to be assumed by state.


X


20


no person to be tried for same offense after


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


how published .


1


Adjournment-


final, to be at noon.


13


approval of bills after


36


publication of laws after.


39


impeachments to be tried after


IX


2


from day to day, by less than quorum.


V


18


Affirmation or Oath-


II


10


general supervision of .


XI


8


legislature to maintain ..


XI


10


salt spring lands appropriated to support of .


XI


13


Agricultural College Funds-


direction and control of.


XI


8


Agricultural Land-


XVI


10


Agriculture-


state board of, election, organization and duties of, etc


XI


7,8


Aliens-


property rights of .


XVI


9


Alleys-


legislature not to vacate or alter


VIII


27


right of municipalities to control. use of, for public utilities


VIII


28


Almshouses-


electors in, not deemed to have gained or lost residence cities and villages may maintain.


III


2


VIII


22


1


initiated or adopted by people, not subject to veto. how amended or repealed.


V V


14


for more than three days, how not to be taken.


warrant not to issue without support of


Agricultural College ---


lease or grant of, limited to 12 years


VIII


28


A.


Abuses of Elective Franchise-


Acquittal-


60


MICHIGAN MANUAL.


Art.


Sec.


Amendments-


to constitution, how proposed .


XVII


1


proceedings on . ..


XVII


1


when submitted to electors


XVII


1,2


when to become part of constitution


XVII


1,2


how may be initiated


XVII


2


publication of proposed


XVII


2,3


printed on one ballot .


XVII


3


Annual Tax-


for support of state government


X


2


Appeals-


when accused to have assistance in perfecting


II


19


from supervisors or county auditors


VIII


9


Appellate Jurisdiction-


VII


4


of circuit courts


VII


10


Appointment-


7


judges not to exercise powers of .


VII


6,11


Apportionment-


of representatives, basis of, etc


V


4


acts making, may be given immediate effect


V


1,21


money paid out of treasury only in pursuance of.


X


16


April 30, 1918-


sale, etc., of intoxicating, etc., liquors prohibited after.


XVI


11


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 .


x


8


Assessors-


3


Assistance of Counsel- accused to have


II


19


Associate Justices-


VII


2


Asylum-


elector in, not deemed to have gained or lost residence


III


2


Attainder-


bill of, not to be passed.


II


9


Attorney or Agent-


II


12


Attorney General-


VI


1


where to keep office


VI VI Sched.


21


to prepare changes in laws required by new constitution. Audit-


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-


board of state, membership and duties of.


VI


20


county, duties of


VIII


9


appeals from


VIII


9


to be at cash value.


state board of, rate of taxation on property assessed by. assessment of corporate property by


5


of supreme court, election, term, etc.


suitor may prosecute or defend by


election of .


1


salary of. .


8


18


Appropriations-


when supreme court to have only .


member of legislature not to receive


61


INDEX TO CONSTITUTION OF MICHIGAN


Art.


Sec.


B.


Bail-


right of, guaranteed .


II


14


excessive, not to be required .


II


15


Ballot-


when votes to be given by


III


7


all constitutional amendments printed on one


XVII


3


on adoption of constitution, form of .


Sched.


11


Bank Notes-


XII


9


Banking Corporations-


XII


9


Bartering-


XVI


11


for medicinal, etc., purposes excepted .


XVI


11


Bill-


all legislation to be by .


19


not to be passed until printed five days


22


not to be passed, at special session, except on subjects recom- mended .


22


not to be altered so as to change original purpose ..


22


to be read three times in each house.


23


not to become law without concurrence of majority of each house ... to be passed by yeas and nays. .


'23


appropriating money for local or private uses, passage of passed, to be presented to governor .


36


when governor to sign. when governor to return with objections.


36


reconsideration of, on return.


36


passage of, by two-thirds vote. .


36


how vote on, determined and entered


36


if not returned, to become law.


36


approval of, within five days after adjournment


36


when may be referred to electors


V


38


Bill of Attainder-


not to be passed .


II


9


Blind-


institutions for, to be supported .


XI


15


Board of Agriculture-


state, election, organization and duties of .


XI


7,8


to be body corporate.


XI


7


Board of Assessors-


state, rate of taxation on property assessed by.


X X


5


state, organization and election of


XI


6


to have supervision of normal schools


XI


6


Board of Equalization- state, legislature to provide for


X


8


Board of Escheats-


VI


20


Board of Fund Commissioners- who to act as ..


VI


20


Board of Jury Commissioners-


VIII


6


electors to determine whether to have.


VIII


6


Board of Regents-


of university, number and term of


XI


3


election of ..


XI


3


vacancy in, how filled .


XI


3


to be body corporate.


XI


4


organization of .


XT


5


ex-officio members of .


XI


5


duties of . .


XI


5


may take private property.


XIII


4


Board of State Auditors- who to constitute. .


VI


20


duties of .


VI


20


3


assessment of corporate property by


Board of Education-


23


24


36


not to be issued


laws relating to, how passed, etc.


of intoxicating, etc., liquors prohibited


state, who to act as


legislature to provide for, in each county


62


MICHIGAN MANUAL.


Art.


Sec.


Board of State Canvassers-


who to constitute.


VI


20


duties of .


VI


20


when tie found by, how election determined .


XVI


4


contest of determination of, how decided


XVI


4


Boards-


state, keeping of accounts by


Boards of Supervisors-


division of counties by, into representative districts.


V


3


to determine additional salary of circuit judge.


VII


12


may unite or separate offices of county clerk and register of deeds. to be established in counties ..


VIII


7


representation of cities on.


VIII


7


legislature may confer certain powers on .


VIII


8


to adjust claims against counties.


VIII


9


appeals from. .


VIII


9


may levy tax or borrow, for public buildings or bridges .


VIII


10


duty of, as to removal of county seat .


VIII


13


navigable stream not to be bridged or dammed without permission of ...


VIII


14


may organize and consolidate townships.


VIII


15


legislature may prescribe powers and duties of, as to highways, etc .. Bodies Corporate-


VIII


26


rights of, not affected by adoption of constitution.


Sched.


2


Bonds-


for drainage purposes may be issued by drainage district state may issue, for highway purposes.


X


10


Borrowing Money-


by municipalities, power of, to be restricted.


VIII


20


Boundaries- of state.


I


1


Breach of the Peace-


electors not privileged from arrest for .


III


5


members of legislature not privileged from arrest for.


V


8


Breach of Trust-


II


20


Brewed Liquors-


XVI


11


for medicinal, etc., purposes excepted .


XVI


11


legislature to provide regulations for sale of


XVI


11


Bridges ---


power of supervisors to tax or borrow for.


VIII VIII


26


legislature may provide for construction, etc., of, by the state, counties, townships and districts


VIII


26 26


may prescribe powers and duties of supervisors as to.


VIII


26


C.


Canvass-


legislature to provide for, of votes of absent electors


III


1


Canvassers-


board of state, membership and duties of . when tie is found by, legislature to choose


XVI


4


decision of contest of determination of.


XVI


4


Car Companies-


assessment of property of, by state board.


X


5


Cash Value-


assessment of corporate property at.


X X


7


Cemeteries- cities and villages may maintain.


VIII


22


Certiorari-


decisions in cases of, to be in writing .


VII


7


power of circuit courts to issue writs of


VII


10


Chambers-


judge at, election of persons having powers of . 1


VII


21


X


18


VIII


3


power of, to fix salaries of county officers


VIII


9


VIII


15a


-


10


legislature may prescribe powers of supervisors as to


tax for road purposes by counties limited


VIII


VI


20


imprisonment for debt in cases of .


manufacture, sale, etc., of, prohibited.


5


all assessments to be at. .


63


INDEX TO CONSTITUTION OF MICHIGAN.


Art.


Sec.


Chaplain-


legislature to authorize employment of, in prisons


Charters-


municipal, power of electors to adopt and amend


VIII


21


of corporations, not affected by adoption of constitution


Sched.


2


Chemical Purposes-


XVI


11


Chief Justice-


of supreme court, to be one.


VII


2


when to preside at impeachment


IX


3


Children-


legislature may enact laws as to employment of


29


Circuit Court Commissioners-


VII


21


Circuit Courts-


judicial powers vested in


VII


1


state to be divided into circuits for.


VII


8


how often to be held.


VII


9


jurisdiction of .


VII


10


county clerk to be clerk of


VII


11


to be courts of record and have seals.


VII


17


appeal to, from supervisors or county auditors.


VIII


9


Circuit Judges-


to be elected in circuits.


VII


8


election of more than one, in circuit.


VII


8


not removed from office by alteration of circuit.


VII


8


where to hold court


VII


8


when elected .


VII


9


term of office of.


VII


8


ineligible to other office than judicial.


VII


9


may fill vacancies in offices of county clerk and prosecuting attor- ney .


VII


11


limitation of power of appointment by


VII


11


salary of .


VII


12


to be conservators of peace


VII


18


increase or decrease of salaries of


XVI


3


Circuits-


judicial, state to be divided into


VII


8


creation, alteration or discontinuance of


VII


8


Cities-


not to be divided to form representative districts


V


3


when to elect representatives on general ticket


3


when may be made separate county .


VIII


7


libraries to be established in.


.XI


14


Cities and Villages-


incorporation of, under general law.


VIII


20


limitation of rate of taxation of .


VIII


20


restriction of power of, to borrow money.


VIII


20


power of electors of, to adopt and amend charter


VIII


21


may maintain parks, cemeteries, hospitals, etc.


VIII


22


power of, to operate public utilities.


VIII


23, 24


not to abridge right of elective franchise.


VIII


25


not to loan credit .


VIII


25


not to tax for other than public purposes


VIII


25


restriction of powers of, as to public utilities


VIII


25


legislature not to vacate or alter street, etc., in.


VIII


27


use of streets, etc., in, for public utilities.


VIII


28


right of, to control streets, etc


VIII


28


limit of franchise granted by.


VIII


29


officers, provisions of law for removal of, to be made.


IX


8


Citizens-


senator and representative to be.


V


5


member of legislature not to receive.


V


7


judges not to exercise power of .


VII


6,11


sale, etc., of intoxicating liquors for, not prohibited legislature to provide regulations for


XVI


11


persons having powers of judges at chambers


V


26


.


Civil Appointment-


V VIII


2


representation of, on board of supervisors.


.


64


MICHIGAN MANUAL.


Art.


Sec.


Civil Cases-


waiver of jury trial in. .


II


13


jurisdiction of justices of the peace in


VII


. 16


Civil Power-


military to be subordinate to.


II


6


Civil Process --


V


8


Civil Rights-


not to be diminished or enlarged on account of religious belief .


II


3


Claims against Counties --- adjustment of .


VIII


9


Claims against State-


adjustment of .


VI


20


Clerk-


supreme court may appoint and remove.


VII


6


duties and salary of .


VII


6


of supreme court, opinions to be filed with


VII


7


of circuit court, county clerk to be. .


VII


11


Coastwise Trade-


sailor employed in, not deprived of vote.


III


1


Collector-


of public moneys, when ineligible to office, etc.


X


19


College of Mines-


legislature to maintain


XI


10


Commander-in-Chief-


VI


4,16


Commercial Travelers-


III


1


election of. .


VI


1


where to keep office.


VI


1


office of, may be abolished.


VI


1


to be member of board of state auditors.


VI


20


VI


20


when other officer to succeed, on board of state auditors, etc. salary of .


VI


21


Commissioners-


to prepare compilation, appointment and duties of .


40


to determine necessity, etc., for taking private property


XIII XIII


3


to be elected annually in townships


VIII


18


legislature may change and abolish powers and duties of


VIII


26


legislature not to vacate or alter road laid out by .


VIII


27


provision as to taking private property not to apply to.


XIII


2


Commissions-


of officers, how signed, sealed, etc.


VI


12


Common Law ---


to remain in force.


Sched.


1


Common Seal-


VII


17


Commutations ---


VI


9


governor to communicate to legislature cases of.


VI


9


by legislature, in cases of treason


VI


9


Compensation-


cf members of legislature


V V


10


in case of contested election .


V


11


of governor, when lieutenant governor or secretary of state to receive .


VI


18


of county officials, power of supervisors to fix


VIII XVII


4


Compilation --


of laws, when legislature to provide for


V


40


how prepared . how printed .


V


40


Compulsory Process-


accused to have, for obtaining witnesses.


II


19


Concurrent Resolution-


IX


6


directing removal of judge, vote on.


V


40


9


of delegates to constitutional convention.


2


to determine necessity and damages for private road . Commissioners of Highways-


supreme, circuit and probate courts to have.


governor may grant.


of president and speaker .


9


governor to be ..


when certain absence of, not to deprive, of vote at election Commissioner of State Land Office --


members of legislature not subject to.


65


INDEX TO CONSTITUTION OF MICHIGAN.


Art.


Sec.


Congress ---


member of, not to execute office of governor


VI


14


Conservators of Peace ---


who to be. .


VII


18


Constables-


VIII


18


ordained and established.


Pream ble.


amendment to, how proposed .


XVII


1,2


proceedings on .


XVII


1


submission of, to electors


Sched.


10,11


when to become part of constitution


XVII


1,2


publication of proposed.


XVII


2,3


printed on one ballot. .


XVII


3


general revision of, when question of to be submitted how effected .


XVII


4


new, adoption of, not to affect actions, writs, etc.


Sched.


2


election, organization, duties, etc., of .


XVII


4


Construction-


legislature may provide for, of highways, etc


VIII


26


by the state, counties, townships and districts


VIII


26


tax for road purposes by counties limited .


VIII


26


may prescribe powers of supervisors as to.


VIII


26


Contested Election-


compensation and mileage in case of


V


11


Contracting Debts-


VIII


20


Contracts-


law impairing obligation of, not to be passed.


II


9


imprisonment for debt on, forbidden .


II


20


fuel, stationery, printing and binding, to be furnished under


V


25


member of legislature not to be interested in certain.


V


7


Corporations ---


occupation of streets, etc., by, for public utilities


VIII


28


assessment of property of, by state board .


X X


13


how may be formed.


XII


1 1


taking of private property by


XII


1


definition of .


XII


2


right of, to sue and be sued .


XII


2


term of existence of .


XII


3


extension of terms of


XII


3


reorganization of ..


XII


3


liability of stockholders of


XII


4


limit of real estate holding by


XII


5


under special act, not to be renewed or extended.


XII


6


laws relating to certain, to pass, etc., by two-thirds vote.


XII


9


charters of, not affected by adoption of constitution. .


Sched.


2


Corrupt Conduct ---


IX


7


Counsel ---


assistance of, accused to have, on trial.


II


19


Counties ---


division of, in forming senatorial districts.


V


2


when entitled to separate representative.


V


3


how divided into representative districts


V


2


when legislature to reapportion representatives among.


V


4


division of, into representative districts, not to be altered, etc. officers of, not eligible to seat in legislature


V


4


V


6


member of legislature not to be interested in contracts with. how often circuit court to be held in .


€ VII


8


probate courts in .


VII


13


to be bodies corporate.


VIII


1


powers and immunities of .


VIII


1


suits against to be in name of .


VIII


1


reduction of, to less than 16 townships




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