USA > Michigan > Michigan official directory and legislative manual for the years 1921-1922 > Part 57
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SEC. 2. The compensation of members of the legislature shall be paid in install- ments of fifty dollars each, at intervals of ten days, during the time in which the legis- lature 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. 3. If for any reason the office of a member of the legislature shall, during & regular session, become vacant, and a successor to such members shall be elected and shall qualify for the office, the installments specified in section two 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 two of this act.
SEC. 4. The per diem compensation of the first assistant secretary of the senate shall be seven dollars; of the second assistant secretary, the proof-readers, tlie financial clerk, and the sergeant-at-arms of the senate, six dollars each; of the law clerk of the senate, six dollars; of the clerks or stenographers employed by the senate . or by a superior officer or an'y standing or special committee with the consent of the senate, five dollars each; of the assistants to the sergeant-at-arms, the mailing clerks, the president's messenger, the secretary's messenger, the keeper of the document room and the keeper of the cloak room and their authorized assistants, and the janitors of the senate, four dollars each; of the pages, three dollars each; of all other employes of the senate, not in this act or in any other act specifically provided for, four dollars each; which compensation shall be in full for all services performed during any regular or special session of the legislature for which they are elected or appointed by the senate or appointed by a superior officer.
(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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THE LEGISLATURE.
SEC. 5. The per diem compensation of the journal clerk of the house of representa- tives shall be 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 each; of the law clerk, six dollars; of the assistant journal clerk, five dollars; of the assistant bill clerk, five dollars; of the sergeant-at-arms, six dollars; of the clerks or stenographers employed by the house of representatives, or by a superior officer or any standing or special com- mittee with the consent of the house of representatives, five dollars each; of the assistants to the sergeant-at-arms, four dollars each; of the janitors, four dollars each; of the speaker's messenger, four dollars; of the clerk's messenger, four dollars; of the press messenger, four dollars; of the proof room messenger, three dollars; of the keeper of the cloak room and the keeper of the document room and their authorized assistants, . four dollars each; of the mailing clerk and the assistant mailing clerk, four dollars each; of the pages, three dollars each; of all other employes of the house of represent- atives, not in this act or in any other act specifically provided for, four dollars each; which compensation shall be in full for all services performed during any regular or special session of the legislature for which they are elected or appointed by the house of representatives or appointed by a superior officer.
SEC. 6. The per diem compensation of the postmaster of the legislature and of the assistant postmaster of the legislature shall be four dollars each, which compensa- tion shall be in full for all services performed during any regular or special session of the legislature for which they are elected or appointed by the concurrent action of the senate and house of representatives.
SEC. 7. In computing the compensation herein provided for, each day of the week shall be counted.
SEC. 8. Each officer and employee of either house or of both houses shall also be en- titled to and shall receive, as mileage, ten cents per mile and no more for one round trip to each session of the legislature by the usually traveled route.
SEC. 9. Such sums as may be due under the provisions of this act to the president of the senate shall be certified by the secretary of the senate and countersigned by the auditor general; and such sums as may be due the members and officers and employes of the senate shall be certified by the president and secretary of the senate, and counter- signed by the auditor general. Such sums as may be due the speaker of the house of representatives shall be certified by the clerk of the house of representatives and counter- signed by the auditor general; and such sums as may be due the members and officers and employes of the house of representatives shall be certified by the speaker and clerk of the house of representatives and countersigned by the auditor general.
SEC. 10. Such sums as may be due under the provisions of this act to persons em- ployed pursuant to concurrent action of the two houses shall be certified, one-half, as near as may be, by the president and secretary of the senate, and one-half, as near as may be, by the speaker and clerk of the house of representatives, and countersigned by the auditor general.
SEC. 11. The state treasurer, upon the presentation of any such certificate, counter- signed as provided in this act, is hereby authorized and directed to pay the same.
SEC. 12. . Such sums of money 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 incor- porate in the state tax for the year nineteen hundred nineteen, and annually thereafter, an amount sufficient to reimburse the general fund for the money hereby appropriated.
SEC. 13. Act number one, public acts of nineteen hundred nine, as amended by act number two hundred seven, public acts of nineteen hundred nine; act number three, laws of eighteen hundred seventy-three, as last amended by act number eighty-five, public acts of nineteen hundred seven; and act number two hundred fifty-five, public acts of nineteen hundred five; being compilers' sections numbered eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty-three, twenty-four, twenty-five, twenty-six and twenty- seven of the compiled laws of nineteen hundred fifteen, are hereby repealed.
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AN ACT to make appropriations for the legislature for the fiscal years ending June thirty, nineteen hundred wenty-two, and June thirty, nineteen hundred twenty- three, for maintenance, operation and other specific purposes.
[Act 171, P. A. 1921.]
The People of the State of Michigan enact:
SECTION 1. There is hereby appropriated from the general fund of the state treasury, to defray the expenses of the legislature for personal services of members, officers and employes, and for the maintenance, operation and supplies, for the biennial period ending June thirty, nineteen hundred twenty-three, the sum of two hundred seventy- five thousand dollars: Provided, That fifty thousand dollars of said appropriation shall be available during the fiscal year ending June thirty, nineteen hundred twenty- two, and two hundred twenty-five thousand dollars, together with any unexpended balance for the previous year, shall be available during the fiscal year ending June thirty, nineteen hundred twenty-three. The appropriation hereby made shall be deemed and construed to be in lieu of any and all other appropriations made for any of the purposes specified herein for the fiscal year ending June thirty, nineteen hundred twenty-two, and the fiscal year ending June thirty, nineteen hundred twenty-three.
SEC. 2. Of the amount hereby appropriated, such sums as may be necessary may be used to pay the compensation of the secretary of the senate and. the clerk of the house of representatives, which compensation is hereby fixed at three hundred twenty- five dollars per calendar month each, and which shall be paid to said secretary and clerk at such times and in such manners as the compensation of state officers and em- ployes is paid; and also to pay for clerical and stenographic assistance to the secretary of the senate and the clerk of the house of representatives when the legislature is not in session, and the employment of assistants by such officers is hereby authorized; but not to exceed one hundred twenty-five dollars shall be paid for such clerical or stenographic assistance rendered in any one calendar month to the secretary of the senate, and not to exceed one hundred twenty-five dollars shall be paid for such clerical or stenographic assistance rendered in any one calendar month to the clerk of the house of representatives. Such sums as shall be due under the provisions of this section, for assistance to the secretary of the senate, shall be certified by the secretary of the senate, and such sums as shall be due under the provisions of this section for assistance to the clerk of the house of representatives, shall be certified by the clerk of the house . of representatives. Any such certificate shall be countersigned by the auditor general. The state treasurer upon the presentation of any such certificate, so countersigned, is hereby authorized and directed to pay the same.
SEC. 3. The auditor general shall incorporate in the state tax for the year nineteen hundred twenty-one, the sum of fifty thousand dollars, and for the year nineteen hundred twenty-two, the sum of two hundred twenty-five thousand dollars, which sums, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.
SEC. 4. Any unexpended balance at the end of the fiscal year nineteen hundred twenty-three, shall revert to the general fund in the state treasury.
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 com- pensation, and to make an appropriation therefor.
[Act 305, P. A. 1915.]
The People of the State of Michigan enact: .
§ 17. SECTION 1. The secretary of the senate and the clerk of the house of rep- resentatives, at the close of each regular or special session of the legislature, shall
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THE LEGISLATURE.
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 con- venient form for reference, and shall report the result of their work thereon to the re- spective houses at the opening of the next regular session of the legislature. They shall have custody and control of the documents of the respective houses, and shall, on request therefor, furnish to members 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 legis- lature, 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 dis- tribution 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 represent- atives, respectively, together with a digest of the constitutional 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.
AN ACT to provide for the making and publication of an index to all local and special acts of the legislature of the state of Michigan.
[Act 284, P. A. 1919.] The People of the State of Michigan enact:
SECTION 1. That there shall be prepared and made an index of all the local and special acts of the state of Michigan, which shall be published by the state for sale and distribution.
SEC. 2. The secretary of the senate and the clerk of the house of representatives are hereby directed to make such index and to supervise the publication thereof, for which service the said secretary of the senate and the clerk of the house of representa- tives shall each receive a sum of five hundred dollars for the year ending June thirty, nineteen hundred twenty, and the sum of five hundred dollars for the year ending June thirty, nineteen hundred twenty-one, in addition to their regular salaries. The board of state auditors shall fix the price at which the same shall be sold and delivered, and shall have charge of the sale and distribution of the same; the moneys arising therefrom to be paid into the state treasury.
SEC. 3. There is hereby appropriated from the general fund for the year ending June thirty, nineteen hundred twenty, the sum of one thousand dollars, and for the year ending June thirty, nineteen hundred twenty-one, the sum of one thousand dollars, to defray the cost of indexing and supervising such publication.
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POWERS, PRIVILEGES, ETC. (a) [Sec. 40, Ch. xiii, Act 314, P. A 1915.]
§ 12443. SEC. 40. No officer of the senate or house of representatives, while in actual attendance upon the duties of his office, shall be liable to arrest on civil process.
THE LEGISLATURE. [Ch. 2, R. S. 1846.]
§ 48. 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 member 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.
§ 49. 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 conviction 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.
§ 50. 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 (b), any justice of the supreme court, the lieutenant governor, the president pro tempore of the senate, or the speaker of the house of representatives.
§ 51. 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 tlie legislature, in the office of the secretary of state.
[Act 304, P. A. 1913.]
The People of the State of Michigan enact:
§ 53. 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) For decisions bearing upon the organization, powers, privileges, duties, etc., of the legislature, see cases cited under Art. IV of the Constitution of 1850, and Art. V of the Constitution of 1909.
(b) The office of chancellor was abolished in 1847.
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THE LEGISLATURE.
MEETING AND ORGANIZATION.
[Compiled Laws of 1915, § § 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 president 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 organi- zation 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 section, 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 imposed 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 respective houses.
DRAWING OF SEATS BY MEMBERS OF THE HOUSE OF REPRESENTATIVES.
[Compiled Laws of 1915, § 10.]
§ 10. SECTION 1. The People of the State of Michigan enact, That upon the organi- zation of the house of representatives upon the first day of the session, the seats in the hall of the house 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 se- lected 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, and the clerk shall call the representative's name found on the slip opposite the corresponding number, who
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MICHIGAN MANUAL.
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: Provided, 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 5, 1921.]
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.
Decisions subject to appeal.
RULE 2. The president shall decide all questions arising under the senate rules and general parliamentary practice, subject to an appeal, which appeal shall be determined by a majority of the senators present and voting.
Appointment of committees.
RULE 3. The president, unless otherwise directed, shall appoint all committees. The president shall appoint a committee consisting of three regular correspondents of daily papers, which committee shall pass upon the credentials of all daily paper repre- sentatives and no correspondent shall be admitted to the senate chamber except upon a card of admission, signed by the chairman and secretary of the committee of corre- spondents and approved by the president of the senate. The president shall assign such representatives of the press desks in the senate chamber.
May forbid smoking.
RULE 4. The president of the senate, in his judgment and when he thinks proper decorum requires the same, shall strictly forbid smoking on the floor of the senate during any session thereof.
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