USA > Michigan > Michigan official directory and legislative manual for the years 1921-1922 > Part 6
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Of the above Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas and Virginia first rejected the amendment but finally ratified it. New Jersey and Ohio rescinded their ratification.
No final action was taken by California-1.
Rejected by Delaware, Kentucky and Maryland-3.
Article XV was proposed by congress February 27, 1869, and declared in force March 30, 1870.
It was ratified by Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia, West Virginia and Wisconsin-28.
Of the above, Georgia and Ohio first rejected but finally ratified. New York rescinded her ratification. The amendment was rejected by California, Delaware, Kentucky, Maryland, Oregon and Tennessee-6.
Article XVI was proposed by congress July 12, 1909, and declared in force February 25,1913.
It was ratified by Alabama, Arizona, Arkansas, California, Colorado, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mary- land, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Washington, Wisconsin and Wyoming-38.
Connecticut, New Hampshire, Rhode Island and Utah rejected this amendment.
Massachusetts, New Hampshire, Vermont and West Virginia ratified this amendment subsequent to the announcement of adoption.
Article XVII was proposed by congress May 16, 1912, and was declared in force May 31, 1913.
It was ratified by Arizona, Arkansas, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mis- souri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, Wisconsin and Wyom- ing-36.
Article XVIII was proposed by Congress December 17, 1917, and declared in force January 29, 1919.
It was ratified by Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky. Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Ten- nessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyom- ing-45.
Article XIX was proposed by Congress May 19, 1919, and declared in forcc August 26, 1920.
It was ratified by Arizona, Arkansas, California, Colorado, Idaho, Illinois, Indiana, Icwa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, Wyom- ing-36.
33
CONSTITUTION OF THE STATE OF MICHIGAN.
- CONSTITUTION OF THE STATE OF MICHIGAN. TABLE OF CONTENTS.
ARTICLE I .- Boundaries and seat of government.
ARTICLE II .- Declaration of rights.
ARTICLE III .- Elective franchise.
ARTICLE IV .- Division of the powers of government.
ARTICLE V .- Legislative department.
ARTICLE VI .- Executive department.
ARTICLE VII .- Judicial department.
ARTICLE VIII .- Local government.
ARTICLE IX .- Impeachments and removals from office.
ARTICLE X .- Finance and taxation.
ARTICLE XI .- Education.
ARTICLE XII .- Corporations.
ARTICLE XIII .- Eminent domain.
ARTICLE XIV .- Exemptions.
ARTICLE XV .- Militia.
ARTICLE XVI .- Miscellaneous provisions.
ARTICLE XVII .- Amendment and revision.
SCHEDULE.
PREAMBLE.
We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this Constitution.
ARTICLE I.
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BOUNDARIES AND SEAT OF GOVERNMENT.
SECTION 1. The State of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to-wit: Commencing at a point on the eastern boundary line of the state of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of Maumee bay shall intersect the same- said point being the northwest point of the state of Ohio, as established by act of congress, entitled "An act to establish the northern boundary line of the state of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed," approved June 15th, 1836; thence with the said boundary line of the state of Ohio, until it intersects the boundary line between the United States and Canada in Lake Erie; thence with the said boundary line between the United States and Canada through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Superior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the westerly branch of the Montreal river to Island lake, the head waters thereof; thence in a direct line to the center of the channel between Middle and South islands in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the River Brule to the main channel of the Menominee river; thence down the center of the main channel of the same to the center of the most usual ship channel of the Green Bay of Lake Michigan; thence through the center of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the state of Indiana, as that line was established by the act of congress of the 19th of April, 1816; thence due east
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MICHIGAN MANUAL.
with the north boundary line of the said state of Indiana to the northeast corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.
SEC. 2. The seat of government shall be at Lansing, where it is now established.
ARTICLE II.
DECLARATION OF RIGHTS.
SECTION 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.
SEC. 2. The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the legislature for redress of griev- ances.
SEC. 3. Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion.
No money shall be appropriated or drawn from the treasury for the benefit of any re- ligious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.
SEC. 4. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
SEC. 5. Every person has a right to bear arms for the defense of himself and the state.
SEC. 6. The military shall in all cases and at all times be in strict subordination to the civil power.
SEC. 7. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
SEC. 8. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.
SEC. 9. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.
SEC. 10. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation.
SEC. 11. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety may require it.
SEC. 12. Any suitor in any court of this state shall have the right to prosecute or defend his suit, either in his own proper person or by an attorney or agent of his choice.
SEC. 13. The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be pre- scribed by law.
SEC. 14. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason when the proof is evident or the presumption great.
SEC. 15. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained.
SEC. 16. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.
SEC. 17. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.
SEC. 18. In all prosecutions for libels the truth may be given in evidence to the jury;
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CONSTITUTION OF THE STATE OF MICHIGAN.
and, if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.
SEC. 19. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in courts of record, when the trial court shall so order, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.
SEC. 20. No person shall be imprisoned for debt arising out of, or founded on a contract, expressed or implied, except in cases of fraud or breach of trust, or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a military fine in time of peace.
SEC. 21. Treason against the state shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on con- fession in open court.
ARTICLE III.
ELECTIVE FRANCHISE.
(a) SECTION 1. In all elections every inhabitant of this state being a citizen of the United States; every inhabitant residing in this State on the twenty-fourth day of June, eighteen hundred thirty-five; every inhabitant residing in this State on the first day of January, eighteen hundred fifty; every male inhabitant of foreign birth who, having resided in the state two years and six months prior to the eighth day of Noveinber, eighteen hundred ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day; the wife of any inhabitant of foreign birth who, having resided in the state two years and six. months prior to the eighth day of November, eighteen hundred ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day, and every civilized inhabitant of Indian descent, a native of the United States, shall be an elector and entitled to vote; but no one shall be an elector and entitled to vote at any election, unless he or she shall be above the age of twenty-one years and has resided in this state six months, and in the township or ward in which he or she offers to vote twenty days next preceding such election: Provided, That no qualified elector in the actual military service of the United States or of this state or in the army or navy thereof, or any student while in attendance at any institu- tion of learning, or any regularly enrolled member of any citizens' military or naval training camp, held under the authority of the government of the United States or the state of Michigan, or any member of the legislature, while in attendance at any session of the legislature, or commercial traveler, or any qualified elector employed upon or in the operation of railroad trains in this state, or any sailor engaged and em- ployed on the great lakes or in coastwise trade, shall be deprived of a vote by reason of absence from the township, ward or state in which he or she resides; and the legislature shall provide by law the manner in which and the time and place at which such absent electors may vote and for the canvass and return of their votes: Provided further, That the legislature shall have power to pass laws covering qualified electors who may be necessarily absent from other causes than above specified: And provided further, That there shall be no denial of the elective franchise at any election on account of sex. (b)
SEC. 2. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States or of this state, nor while engaged
(a) As amended by joint resolution No 8, Public Acts of 1917 page 935; ratified November 5, 1918.
(b) The legislature of 1919 submitted an amendment to this section to be voted on November 2, 1920, which extends the privileges accorded to absent electors to include teachers in the public schools, and immediate family of any member of the legislature during any session of the legislature.
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MICHIGAN MANUAL.
in the navigation of the waters of this state or of the United States or of the high seas, nor while a student at any institution of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; except that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers' homes established by this state may acquire a residence where such home is located.
SEC. 3. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed in any military or naval place within the state.
SEC. 4. Whenever any question is submitted to a vote of the electors which involves the direct expenditure of public money or the issue of bonds, every woman having the qualifications of male electors who has property assessed for taxes in any part of the district or territory to be affected by the result of such election shall be entitled to vote thereon.
SEC. 5. Every elector in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest during his attendance at elections and in going to and returning from the same.
SEC. 6. No elector shall be obliged to do militia duty on the day of election, except in time of war or public danger, or to attend court as a suitor or witness.
SEC. 7. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.
(a) SEC. 8. Laws shall be passed to preserve the purity of elections and guard against abuses of the elective franchise, and to provide for the recall of all elective officers, except judges of courts of record and courts of like jurisdiction upon petition of twenty-five per centum of the number of electors who voted at the preceding elec- tion for the office of governor in their respective electoral districts.
ARTICLE IV.
DIVISION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government are divided into three departments: The legislative, executive and judicial.
SEC. 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution.
ARTICLE V.
LEGISLATIVE DEPARTMENT.
(b) SECTION 1. The legislative power of the state of Michigan is vested in a senate and house of representatives; but the people reserve to themselves the power to propose legislative measures, resolutions and laws; to enact or reject the same at the polls in- dependently of the legislature; and to approve or reject at the polls any act passed by the legislature, except acts making appropriations for state institutions and to meet deficiencies in state funds. The first power reserved by the people is the initiative. At least 8 per cent of the legal voters of the state shall be required to propose any measure by petition: Provided, That no law shall be enacted by the initiative that could not under this constitution be enacted by the legislature. Initiative petitions shall set forth in full the proposed measure, and shall be filed with the secretary of state not less than ten days before the commencement of any session of the legislature. Every petition shall be certified to as herein provided as having been signed by qualified electors of the state equal in number to 8 per cent of the total vote cast for all candidates for governor at the last preceding general election, at which a governor was elected. Upon receipt of any initiative petition, the secretary of state shall canvass the same to ascertain if
(a) As amended by concurrent resolution No 6, Public Acts of 1913, page 788; ratified April 7, 1913.
(b) As amended by concurrent resolution No 4, Public Acts of 1913, page]782; ratified April 7, 1913.
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CONSTITUTION OF THE STATE OF MICHIGAN.
such petition has been signed by the requisite number of qualified electors, and if the same has been so signed, the secretary of state shall transmit such petition to the leg- islature as soon as it convenes and organizes. The law proposed by such petition shall be either enacted or rejected by the legislature without change or amendment within forty days from the time such petition is received by the legislature.
If any law proposed by such petition shall be enacted by the legislature it shall be subject to referendum, as hereinafter provided. If any law so petitioned for be re- jected, or if no action is taken upon it by the legislature within said forty days, the secretary of state shall submit such proposed law to the people for approval or rejection at the next ensuing general election. The legislature may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by the secretary of state to the electors for approval or rejection at the next ensuing general election. All said initiative petitions last above described shall have printed thereon in 12 point black face type the following: "Initiative measure to be presented to the legislature."
The second power reserved to the people is the referendum. No act passed by the legislature shall go into effect until ninety days after the final adjournment of the session of the legislature which passed such act, except such acts making appropriations and such acts immediately necessary for the preservation of the public peace, health or safety, as have been given immediate effect by action of the legislature.
Upon presentation to the secretary of state within ninety days after the final adjourn- ment of the legislature, of a petition certified to as herein provided, as having been signed by qualified electors equal in number to 5 per cent of the total vote cast for all candi- dates for governor at the last election at which a governor was elected, asking that any act, section or part of any act of the legislature, be submitted to the electors for approval or rejection, the secretary of state, after canvassing such petition as above required, and the same is found to be signed by the requisite number of electors, shall submit to the electors for approval or rejection such act or section or part of any act at the next succeeding general election; and no such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon.
Any act submitted to the people by either initiative or referendum petition and ap- proved by a majority of the votes cast thereon at any election shall take effect ten days after the date of the official declaration of the vote by the secretary of state. No act initiated or adopted by the people, shall be subject to the veto power of the governor, and no act adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in said initiative measure, but the legislature may propose such amendments, alterations or repeals to the people. Acts adopted by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof: Provided, however, if two or more measures approved by the electors at the same election conflict, the measure receiving the highest affirmative note shall prevail. The text of all measures to be submitted shall be published as constitutional amendments are required by law to be published. ..
Any initiative or referendum petition may be presented in sections, each section containing a full and correct copy of the title and text of the proposed measure. Each signer thereto shall add to his signature, his place of residence, street and number in cities having street numbers, and his election precinct. Any qualified elector of the state shall be competent to solicit such signatures within the county in which he is an elector. Each section of the petition shall bear the name of the county or city in which it is circulated, and only qualified electors of such county or city shall be competent to sign such section. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating his own qualifications and that all the signatures to the attached section were made in his presence, that each signature to the section is the genuine signature of the person signing the same, and no other affidavit thereto shall be required. Such petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified electors.
Each section of the petition shall be filed with the clerk of the county in which it was circulated, but all said sections circulated in any county shall be filed at the same
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MICHIGAN MANUAL.
time. Within twenty days after the filing of such petition in his office, the said clerk shall forward said petition to the secretary of state. Within forty days from the trans- mission of the said petition to the secretary of state, a supplemental petition identical with the original as to the body of the petition but containing supplemental names, may be filed with the county clerk, and such supplemental petition shall be forwarded to the secretary of state by said clerk within ten days after the filing of the same.
SEC. 2. The senate shall consist of thirty-two members. Senators shall be elected for two years and by single districts. Such districts shall be numbered from one to thirty-two, inclusive, each of which shall choose one senator. No county shall be divided in the formation of senatorial districts, unless such county shall be equitably entitled to two or more senators.
SEC. 3. The house of representatives shall consist of not less than sixty-four nor more than one hundred members. Representatives shall be chosen for two years and by single districts, which shall contain as nearly as may be an equal number of inhabi- tants and shall consist of convenient and contiguous territory; but no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as shall be prescribed by law, divide the same into representative districts equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county a description of such rep- resentative districts, specifying the number of each district and population thereof according to the last preceding enumeration.
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