USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 10
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14
14
Power of, to be limited in cities and villages
15
13
Specific in Upper Peninsula, disposition of. 19
7
TERMS OF OFFICE, commencement of Sched.
28
TESTS, QUALIFICATIONS, for office, what required or permitted 18
4
20
TOWNSHIPS, officers elected, when.
11
1
Are bodies corporate
11
2
May be organized by boards of supervisors
10
11
Powers of, suits by and against
11
2
What powers may be conferred
4
38
TOWNSHIP LIBRARIES, to be established
13
12
Fines to be applied to support of 13
12
TREASON against the State, what constitutes, etc.
6
30
Conviction for, when may be had, etc.
6
30
Governor may suspend execution of sentence 5
11
Legislature may pardon, etc. 5 1
11
TRIAL BY JURY, right of, retained.
6
27
When deemed waived.
6
27
In criminal cases
6
28
Of less than twelve may be authorized
4
46
UNIVERSITY OF MICHIGAN, see Regents.
Board of Regents to have supervision of 13
8
President chief executive officer of 13
8
Agricultural school may be united to. 13
11
UPPER PENINSULA, at adoption of Constitution.
A separate judicial district 19
One senator, three representatives 19
4
4
To regulate practice in by general rules, etc.
12
10
Decisions to be in writing, etc.
11
On what property to be levied.
1
TITLE OF ACTS, to express object, etc.
ART.
SEC.
93
STATE OF MICHIGAN.
UPPER PENINSULA, at adoption of Constitution .- Continued. ART.
SEO.
District judge. 19 2
District attorney 19
3
Salary of judge and attorney. 19 5
Attached to third circuit for election of regents Sched. 25
Offices of judge and attorney, authorized to be abolished, when Sched. 25
UPPER PENINSULA.
Number of senators and representatives 19
4
Extra compensation to 19 5
Elections and canvass, when 19
6
Taxes raised, how disposed of.
19
7
Mining companies, charters may be regulated.
19
9
VACANCIES IN OFFICE, declaring, filling
4
37
Of Governor, Lieutenant Governor acts
5
12
Of Lieutenant Governor, president pro tem. of senate acts 5
5
10
Of representatives, filled by election
5
10
Of county officers, filled by election 10
6
14
Of circuit judge, Governor appoints
6
14
Of judge of probate, Governor appoints
6
14
Of State officers, Governor appoints Caused by removal, Governor appoints. 12
13
6
Of county clerk, circuit judge may fill
6
10
Of prosecuting attorney, circuit judge may fill
6
10
Vacancy during proceedings to impeach 12
4
How supplied 12
5
Removal of judge or justice from his jurisdiction creates, etc. 6
22
Justice of the peace elected to fill, holds for residue of term 6
17
VILLAGES, incorporation of. 15
13
Powers of taxation, borrowing money and loaning credit to be restricted
15
13
Judicial officers of, to be elected. 15
14
Other officers, elected or appointed. 15
14
Private property taken for, compensation, etc. 15
15
Value, how determined
15
15
Alteration of charter, notice to be given of 15
16
VOTERS, qualifications of. 7
1
VOTES IN LEGISLATURE, when to be viva voce.
4
11
WARRANTS, for search and seizures to be supported by oath 6
26
WITNESSES, competency of, not affected by religious belief. 6
34
Accused to be confronted by 6
28
To have process for 6
28
Not to be unreasonably detained 6
31
YEAS AND NAYS, when to be entered on journal 4
10
Votes on nomination to Senate to be by. 4
11
On reconsideration of bills vetoed 4
14
On passage of bills. 4 On amendments to Constitution 20
18
1
13
Of senator, filled by election
3
Of judge of Supreme Court, Governor appoints
8
3
8
Of regents, Governor appoints.
OF THE LEGISLATURE.
[Act No. 3, Laws of 1873.]
AN ACT to provide for the payment of the officers and members of the Legislature.
Appropria- tion.
SECTION 1. The People of the State of Michigan enact, That there be and hereby is appropriated out of any money in the treasury to the credit of the general fund, a sum sufficient for the payment of the officers and members of the Legislature for the present, and each session hereafter.
Compensa- tion of offi- cers and members. SEC. 2. The compensation of the President and Members of the Senate, and of the Speaker and Members of the House of Repre- sentatives, shall be three dollars per day each, for actual attendance, and when absent on account of sickness during the session of the Legislature, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled Of Secretary, route. Each Member of the Senate and the House of Representa- tives shall be entitled to receive five dollars for stationery and news-
clerks, and sergeant-at- arms, etc.
Of janitors, assistants, etc.
Of postmas- ter and mes- sengers.
papers. The compensation of the Secretary, Engrossing and Enroll- ing Clerk, and Sergeant-at-Arms of the Senate, and their authorized assistants, and of the Clerk and Engrossing and Enrolling Clerk. and Sergeant-at-Arms of the House of Representatives, and their authorized assistants, and of the clerks employed with the consent of the Senate or House of Representatives, by any standing or special committees of either of said Houses, shall be three dollars a day each, for actual attendance during the session, and ten cents for every mile actually traveled in going to and returning from the place of meeting on the usually traveled route. The compensation of the fireman and janitors of the Senate and House of Representa- tives, and their authorized assistants, and keeper of the cloak-room. and of the postmaster of the Legislature, shall be three dollars per day and that of the messenger boys two dollars per day for the time actually employed in attendance during the session, and mileage at
(94)
95
THE LEGISLATURE.
the rate of ten cents per mile for every mile actually traveled in coming to and returning from the capital by the usually traveled route.
SEC. 3. Such sums as may be due under the provisions of this How paid. act, to the Secretary of the Senate and the Clerk of the House of Representatives, shall be certified by the presiding officers of the respective Houses, and countersigned by the Auditor General; and such sums as may be due the President of the Senate and Speaker of the House of Representatives shall be certified by the Secretary or Clerk of the respective Houses, and countersigned by the Auditor General; and such sums as may be due to the Members and other officers of either House, shall be certified by the Secretary or Clerk and the presiding officers of the respective Houses, and count- ersigned by the Auditor General; and the State Treasurer, upon the presentation of any such certificate, countersigned as provided ir. this section, is hereby authorized and directed to pay the same.
Compensation .- The President of the Senate and Speaker of the House have the sarne compensation as members; and are not by virtue of their offices entitled to. any additional per diem or mileage; People v. Whittemore, 2 Mich., 306.
POWERS, PRIVILEGES, ETC.
*[Chapter 2, of Title 1, Howell's Annotated Statutes, p. 100.]
§ 37. SECTION 1. No officer of the Senate or House of Repre- Officers of, sentatives, while in actual attendance upon the duties of his office, arrest. shall be liable to arrest on civil process.
See Const. Mich., Art. 4, Sec. 7. Asto service upon an officer of process not requiring arrest, see Case'v. Rorabacher, 15 Mich., 537.
§ 38. SEC. 2. Each house may punish as a contempt, and by What of- imprisonment, a breach of its privileges, or the privileges of its be punished fenses may members, but only for one or more of the following offenses, to wit: as contempt.
1. The offense of arresting a member or officer of the House, or
* Except as restricted by the Constitution of the State and of the United States, the powers of the Legislature to enact binding laws seem not to be limited; Scott v. Smart's Ex'rs, 1 Mich., 307; Williams v. Mayor, 2 Mich., 560; People v. Gallagher. 4 Mich., 244; Sears v. Cottrell, 5 Mich., 258.
But it cannot delegate the power of enacting general laws, by submitting a gen- eral act to the determination of the people as to whether it shall become law or not; People v. Collins, 3 Mich., 343; see Shumway v. Bennett, 29 Mich., 451. Nor can it make valid retrospectively what it could not originally have authorized; Butler v. Supervisors, 26 Mich., 22.
The Legislature has such judicial powers only as are incident and essential to the. discharge of its legislative functions; as, in determining upon the election and qualification of its members, and in punishing for contempts. In such cases its determinations are conclusive; F. & F. P. R. Co. v. Woodhull, 25 Mich., 104; People v. Mahaney, 13 Mich., 493. But it cannot exercise any of the judicial powers appor- tioned to any other department. It cannot dictate to the courts what their judg- ment shall be, or set them aside when rendered, or give new hearings; Butler v. Supervisors of Saginaw, 26 Mich., 27; Sutherland v. Governor, 29 Mich., 325; Cash's Appeal, 6 Mich., 193.
not liable to
96
THE LEGISLATURE.
procuring such member 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 attempt- ing by menace, or other corrupt means or device, directly or indi- rectly 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 extend beyond the same session of the Legislature.
In Southworth v. Palmyra & J. R. Co., 2 Mich., 287, the word "House" was construed to mean the members present and doing business, there being a quorum, an action by a majority of those present is action by the "House." As to power and manner of punishing witnesses for refusing to appear and testify: Burnham v. Morrisey, 14 Grey, 226.
Contempt to be a misde- meanor.
§ 39. 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.
By whom oath of mem- bers to be adminis- tered.
§40. 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 Chancellor,* any Justice of the Supreme Court, the Lieutenant Governor, the President pro tempore of the Senate, or the Speaker of the House of Representatives.
Members of committees may admin- ister oaths.
§ 41. SEC. 5. Any Senator or Representative, while acting as a member of a committe 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.
MEETING AND ORGANIZATION.
Secretary of State to de- liver list of members to Secretary of Senate and Clerk of House.
§ 42. 1878, p.53, Apr. 25, Aug. 21, Act 67. 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
* The office of Chancellor was abolished in 1847.
97
THE LEGISLATURE.
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 trans- mitted 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.
§43. SEC. 2. The members elect of the Senate and House of When legis- Representatives shall convene in their respective houses at the convene. lature shall 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 pro- visions of this act, and no other business shall be in order until they shall have completed such organization.
§44. SEC. 3. In case the Lieutenant Governor is absent, or Organization unable to perform the duties of his office, it shall be the duty of of the Senate. the Secretary of the preceding Senate to call to order and preside over the Senate, until the Lieutenant Governor appears, or a presi- dent pro tempore is elected, and such secretary shall act as secre- tary of the Senate until his successor is elected; and in calling the roll of the Senate 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 pro- vided for in the preceding section, and he shall not call any other or different names.
§ 45. SEC. 4. It shall be the duty of the clerk of the next preced- Organization ing House of Representatives to call to order and preside over the House. of 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.
§ 46. SEC. 5. In case of a vacancy in the office of Secretary of the Who to act Senate, or clerk of the House, or of the absence or inability of either in case of certain vacancies. 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.
13
98
THE LEGISLATURE.
Who may administer oath of office.
§47. 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.
ELECTION OF UNITED STATES SENATORS.
[ Chapter 6 of Title 3, Howell's Annotated Statutes, p. 112.]
Time of electing. § 76. 1869, p. 1, Jan. 18, Act 1. SECTION 1. The People of the State of Michigan enact, That the Legislature which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent this State in the Congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in place of such Each House to name a candidate. Senator so going out of office, in the following manner: Each House shall openly, by a viva voce vote of each member present, name one person for Senator in Congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in Entries to be each House, shall be entered on the journal of each House by the clerk or secretary thereof; but if either House shall fail to give such majority to any person on such day, that fact shall be entered on the Joint con- vention. journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place as aforesaid, the mem- bers of the two Houses shall convene in joint convention, and the journal of each House shall then be read; and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected a Senator to represent this State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings as required by this act, the joint convention shall then proceed to choose by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint con- vention, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such a majority on the first day, the joint conven- tion shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one vote until a Senator shall be elected.
made on journals.
Journals to be read. A majority vote in each House to elect.
When ma- jority of joint convention may elect.
99
THE LEGISLATURE.
§ 77. SEC. 2. Whenever on the meeting of the Legislature, a Vacancies, vacancy shall exist in the representation of this State in the Senate how filled. of the United States, the Legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy in the manner hereinbefore provided for the election of a Senator for a full term; and if a vacancy shall happen during a session of the Legislature, then, on the second Tuesday after the Legislature shall have been organized, and shall have notice of such vacancy, the Legislature shall proceed to elect as aforesaid.
§ 78. Am. 1881, p. 3, Feb. 2, Sept. 10, Act. 4. SEC. 3. It shall be Governor the duty of the Governor, upon the election of a Senator as herein election. to certify provided, to certify his election to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of State, under the Seal of the State. He shall also deliver by mail or otherwise a like certificate to the person so elected Senator.
RULES AND ORDERS
OF THE
SENATE OF THE STATE OF MICHIGAN. [REVISED AND ADOPTED BY THE SENATE, JAN. 4, 1893.]
CONTENTS.
PRESIDENT.
Rule 1. President to take the chair, journal to be corrected and approved.
.
2. May appoint Senator to perform duties of chair.
3. May decide questions of order subject to appeal, etc.
66 4. President shall appoint committees, unless otherwise directed. SECRETARY.
Rule 5. To keep journal, have printed and placed on file.
6. Assistant Secretary and bill clerk, duties of.
7. Duty relative to bills, resolutions, reports of committees, etc.
8. Duty relating to bills ordered to a third reading.
9. Numbering of bills and joint resolutions, etc.
10. To keep record of certain bills and resolutions, make index of, etc.
DUTIES OF MEMBERS.
Rule 11. No member shall absent himself without leave.
12. Members to preserve order while journals, etc., are being read.
13. Members speaking to address the chair.
14. President to decide who is entitled to the floor. -
ORDER OF BUSINESS.
Rule 15. Order of business after correction of journal. COMMITTEES.
Rule 16. Standing committees, number of members of, duties of, etc.
17. Bills appropriating money, to what committee first referred, etc. COMMITTEE OF THE WHOLE.
Rule 18. Proceedings when Senate shall have arrived at the " General Orders of the Day."
19. In forming committee of the whole president to name chairman.
20. Rules to be observed in committee of the whole, etc. (100)
101
SENATE RULES AND ORDERS-CONTENTS.
BILLS AND JOINT RESOLUTIONS.
Rule 21. Titles of bills amending laws, what to specify.
66 22. How introduced.
23. Readings of bills and resolutions.
66 24. Order of printing.
.6 25. Further consideration of bills in committee of the whole, etc.
66 26. When bills considered as ordered to third reading, etc.
27. To be put on final passage in order for third reading, exceptions.
66 28. Final vote on all bills must be by yeas and nays.
66 29. Vote, etc., on passage of bills, etc., requiring two-thirds vote.
6 30. When amendment may be discussed on third reading; commitment or re-commitment always in order.
66
31. When two-thirds vote required to pass but not to amend.
6
32. When a lost bill or one similar may be introduced.
MOTIONS AND RESOLUTIONS.
Rule 33. When debatable, when may be withdrawn.
34. What motions in order when a question is under debate, etc.
35. Motion to adjourn always in order, what not debatable.
66 36. When question may be divided.
66
6 37. Motions to strike out and insert, etc., not divisible.
38. Filling of blank sums or time.
66 39. Decision to lay on table, to carry with it all questions, etc.
66 40. Reconsideration of questions, etc.
YEAS AND NAYS.
Rule 41. Names of members voting for or against, to be recorded, etc .; members must vote unless previously excused.
42. When yeas and nays have been ordered right to debate ceases.
CALL OF THE SENATE.
Rule 43. May be ordered by a majority of members present, etc. ; penalty on mem- bers absent without leave, etc.
PREVIOUS QUESTION.
Rule 44. How put ; when admissable, not debatable, etc.
APPEALS.
Rule 45. From the decisions of the chair; when appeals not debatable. 66
46. May be laid on the table, etc.
EXECUTIVE SESSIONS.
Rule 47. When doors to be closed ; who to remain, etc.
66 48. Proceedings in, to be kept in separate journal, etc.
" 49. Nominations for office, day for consideration of, to be fixed, etc.
CONTESTED ELECTIONS.
Rule 50. Notice required in cases of, etc.
102
SENATE RULES AND ORDERS-CONTENTS.
MISCELLANEOUS.
Rule 51. Statement of contents to be indorsed on petitions, etc.
= 52. Questions relating to priority of business to be decided without debate.
" 53. Member called to order to take his seat; president to decide question's of order subject to appeal, etc.
" 54. Who may be admitted within the bar, etc.
55. Alteration, rescinding, changing or suspending of rules.
SENATE RULES.
PRESIDENT.
RULE 1. The president of the Senate having taken the chair and a quorum being present, the journal of the preceding day shall be corrected and approved.
RULE 2. The president, or in his absence the president pro tempore, shall have the right to name any member to perform the duties of the chair, who is hereby invested during the time specified with all the powers of the president.
RULE 3. The president shall decide all questions of order, sub- ject to an appeal, which appeal shall be determined by a majority of the Senators present and voting.
RULE 4. The president, unless otherwise directed, shall appoint all committees.
SECRETARY.
RULE 5. It shall be the duty of the secretary of the Senate to keep a correct journal of each day's proceedings, and to have the same printed and copies thereof placed upon the files of the President, Senators and reporters.
RULE 6. The assistant secretary and bill clerk shall perform such duties as may from time to time be required by the secre- tary of the Senate.
RULE 7. The secretary of the Senate shall make a list of all bills, resolutions, reports of committees, and other proceedings of the Senate. Those referred to the Committee of the Whole and not made a special order, shall constitute the general orders, and be considered in the order of their reference, unless the Senate or Committee of the Whole shall otherwise determine.
RULE 8. He shall each day make a file of all bills and joint resolutions ordered to a third reading, and they shall be placed on such file in the order in which they were so ordered.
(103)
104
THE LEGISLATURE.
RULE 9. He shall number every bill and joint resolution in the order of its introduction. The numbers so given shall be known as the Senate bill numbers. When bills or joint resolutions are ordered printed, he shall give to each another number, in the order in which printed. Such numbers shall be known as the file numbers. He shall also cause to be printed at the head of every bill or joint resolution ordered printed the number of the same, the file num- ber, the name of the introducer, the date of introduction, the committee reporting, and the character of the report.
RULE 10. He shall keep a record of all Senate bills and joint reso- lutions, and of all House bills and joint resolutions transmitted to the Senate, in which record he shall enter the title, numbers and introducer of each such bill or resolution, and the committee to whom the same is referred. He shall also make an entry therein of every disposition made of each bill or joint resolution and the date thereof. He shall also make an index of all bills and joint resolu- tions introduced in the Senate, referring to the same by their numbers.
DUTIES OF MEMBERS.
RULE 11. No member shall absent himself from the Senate without leave first obtained.
RULE 12. No person shall speak to another, or otherwise interrupt the business of the Senate, or read any newspaper while the jour- nals or public papers are being read; and when the President is put- ting a question, no Senator shall walk out of or across the chamber, nor when a Senator is speaking pass between him and the Chair.
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