USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 3
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ARTICLE I.
Congress shall make no law respecting an establishment of Restriction religion, or prohibiting the free exercise thereof; or abridging the of Congress. freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
ARTICLE II.
A well-regulated militia being necessary to the security of a free People may State, the right of the people to keep and bear arms shall not be keep arms. infringed.
ARTICLE III.
No soldier shall, in time of peace, be quartered in any house Quartering without the consent of the owner; nor in time of war, but in a of Soldiers. manner to be prescribed by law.
of the powers
24
CONSTITUTION OF
AM. ART. VIII.
ARTICLE IV.
Search war- rants.
The right of the people to be secure in their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE V.
Proceedings against per- No person shall be held to answer for a capital or otherwise sons charged infamous crime, unless on a presentment or indictment of a grand with crimes; their rights. jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of Private prop- erty. life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ARTICLE VI.
Rights of the accused.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which dis- trict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him; to have compulsory pro- cess for obtaining witnesses in his favor; and to have the assist- ance of counsel for his defense.
ARTICLE VII.
Right of trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be pre- served; and no fact tried by jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
ARTICLE VIII.
Excessive bail, etc.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
HerePrası
----
UNIVERSITY OF MICHIGAN ANN ARBOR.
25
AM. ART. XII. THE UNITED STATES.
ARTICLE IX.
The enumeration in the Constitution of certain rights, shall not Rights of be construed to deny or disparage others retained by the people. the people not abridged.
ARTICLE X.
The powers not delegated to the United States by the Consti- Certain pow- tution, nor prohibited by it to the States, are reserved to the ers reserved. States respectively, or to the people.
ARTICLE XI .*
The judicial powers of the United States shall not be construed Limitation of to extend to any suit in law or equity, commenced or prosecuted powers. judicial against one of the United States by citizens of another State, or + by citizens or subjects of any foreign State.
ARTICLE XII.+
1 The electors shall meet in their respective States, and vote by Mode of ballot for President and Vice President, one of whom, at least, electing shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each; which list they shall sign and certify, and trans- mit sealed to the seat of the Government of the United States, directed to the President of the Senate; the President of the Sen- ate shall, in the presence of the Senate and House of Represent- atives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for Presi- Who to be dent shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the jority.
President and Vice President.
President ..
Proceedings if no person have a ma-
* Proposed at the second session of the Third Congrsss, on the 5th of Sept., 1794; and was declared in a message from the President to Congress, dated the 8th of January, 1798, to have been ratified by the legislatures of three-fourths of the States.
Proposed at the first session of the Eighth Congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second arti- cle ; and was declared in a proclamation of the Secretary of State, dated the 25th of September, 1804, to have been ratified by the legislatures of three-fourths of the States.
1
26
CONSTITUTION OF
AM. ART. XIV.
House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representa- tives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in case of the death or other constitutional disability of the President.
Vice Presi- dent.
2 The person having the greatest number of votes as Vice Presi dent shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.
Qualifica- ton.
3 But no person constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice President of the United States.
ARTICLE XIII .*
Slavery pro- hibited.
Neither slavery nor involuntary servitude, except as a punish- ment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Power of Congress.
2 Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV.+ ·
izenship.
Defining cit- 1 All persons born or naturalized in the United States, and sub- ject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities
*Proposed at the second session of the Thirty-eighth Congress, on the 1st of Feb- ruary, 1865, and was declared in a proclamation of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States, viz .: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Mis- souri, Nevada, Indiana, Louisiana, Minnesota. Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia.
Proposed at the first session of the Thirty ninth Congress, on the 16th of June, 1866. On the 21st of July, 1868. Congress adopted a concurrent resolution, declar- ing that " the Legislatures of the States of Connecticut. Tennessee, New Jersey,
27
AM. ART. XIV. THE UNITED STATES.
of citizens of the United States; nor shall any State deprive any Certain priv- person of life, liberty, or property, without due process of law, nor tained, etc. ileges re- deny to any person within its jurisdiction the equal protection of the laws,
ment of Rep-
2 Representatives shall be apportioned among the several States Apportion- according to their respective numbers, counting the whole number resentatives. of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for Basis of rep- President and Vice President of the United States, Representatives resentation. in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citi- zens of the United States, or in any way abridged, except for par- ticipation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
3 No person shall be a Senator or Representative in Congress, or Who ineligi- elector of President and Vice President, or hold any office, civil certain of- ble to hold or military, under the United States, or under any State, who, fices, baving previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Leg- islature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or com- fort to the enemies thereof. But Congress may, by a vote of two- thirds of each House, remove such disability.
4 The validity of the public debt of the United States, author- Validity of ized by law, including debts incurred for payments of pensions and debt. the public
. bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State Certain shall assume or pay any debt or obligation incurred in aid of insur- valid. rection or rebellion against the United States, or any claim for
Oregon, Vermont, New York, Ohio. Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified the four- teenth article of amendment to the Constitution of the United States, duly pro- posed by two- thirds of each House of the Thirty-ninth Congress ; therefore,
" Resolved, That said fourteenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State." The Secretary of State accordingly issued a proclamation dated the 28th of July, 1868, declaring that the proposed fourteenth amendment had been ratified by the legislatures of thirty of the thirty-six States.
debts in-
28
CONSTITUTION OF THE UNITED STATES.
the loss or emancipation of any slave, but all such debts, obliga- tions and claims shall be held illegal and void.
" That Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
ARTICLE XV .*
Right of suffrage, etc.
1 The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
2 Congress shall have power to enforce this article by appropri- ate legislation.
* Proposed at the first session of the Fortieth Congress, on the 27th of February, 1869, and was declared in a proclamation of the Secretary of State, dated March 30, 1870, to have been ratified by the legisiatures of twenty-nine of the thirty-seven States.
CONSTITUTION
OF THE
STATE OF MICHIGAN.
TABLE OF CONTENTS.
ARTICLE I.
ARTICLE XII.
BOUNDARIES. IMPEACHMENTS AND REMOVALS FROM OFFICE.
ARTICLE II.
ARTICLE XIII.
SEAT OF GOVERNMENT.
EDUCATION.
ARTICLE III.
ARTICLE XIV.
DIVISION OF THE POWERS OF GOVERNMENT.
FINANCE AND TAXATION.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
ARTICLE XV. CORPORATIONS.
ARTICLE V.
ARTICLE XVI.
EXECUTIVE DEPARTMENT.
EXEMPTIONS.
ARTICLE VI.
ARTICLE XVII. MILITIA.
JUDICIAL DEPARTMENT.
ARTICLE VII. ELECTIONS. MISCELLANEOUS PROVISIONS.
ARTICLE VIII. STATE OFFICERS.
ARTICLE XIX. UPPER PENINSULA.
ARTICLE IX.
SALARIES.
ARTICLE XIX-A. RAILROADS. ARTICLE XX.
ARTICLE X. COUNTIES. AMENDMENT AND REVISION OF CONSTITU- TION.
ARTICLE XI. TOWNSHIPS.
ARTICLE XVIII.
SCHEDULE. (29)
CONSTITUTION OF THE STATE OF MICHIGAN." ( Annotated to Sept. 1, 1892.),
THE PEOPLE OF THE STATE OF MICHIGAN DO ORDAIN THIS CONSTITUTION.
ARTICLE I.
Territorial jurisdiction.
The State of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, to wit: Com- mencing 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 the Maumee bay, shall intersect the same-said point being the northwest corner 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 fifteenth, one thousand eight hundred and thirty-six; thence with the said boundary line of the State of Ohio till it intersects the boundary line between the United States and Canada in Lake Erie; thence with 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 Mon- treal river; thence through the middle of the main channel of the said river Montreal to 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
* For opinions bearing upon the subject and construction of the constitution, see Sears v. Cottrell, 5 Mich., 251; Streeter v. Paton, 7 Mich., 341; People v. Blodgett, 13 Mich., 127; Bay City v. State Treasurer, 23 Mich., 499; Van Husan v. Kanouse, 13 Mich., 308 ; Kennedy v. Gies, 25 Mich., 83; Whipple v. Judge, 26 Mich., 342 ; Attorney General v. Detroit, 29 Mich., 112; Root v. The Mayor, 3 Mich., 433; People v. May, 3 Mich. 593; Green v. Graves, 1 Doug., 354; Brown v. Fifield, 4 Mich., 322; Williams, v. The Mayor, 2 Mich., 560; Peck v. Miller, 39 Mich., 594; Attorney General v. Pres- ton, 56 Mich, 180; Mathias v. Cramer, 73 Mich., 5; People v. Lyng, 74 Mich., 579; Grand Rapids Chair Co. v. Runnels, 77 Mich., 104; Rhode v. Phelps, 80 Mich., 598; Smith v. Saginaw. 81 Mich., 123; Tice v. Bay City, 78 Mich., 209; Attorney General v. Detroit, 78 Mich., 545.
(30)
31
ART. IV. STATE OF MICHIGAN.
shore of Lake Brulé; thence along said southern shore and down the river Brulé 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 nineteenth of April, eighteen hundred and sixteen; thence due east 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.
People v. Tyler, 7 Mich .. 161.
ARTICLE II.
SECTION 1. The seat of government shall be at Lansing, where it seat of gov- is now established. ernment.
ARTICLE III.
SECTION 1. The powers of government are divided into three Departments departments: The Legislative, Executive and Judicial. of govern- ment.
Sutherland v. The Governor, 29 Mich., 320; People v. Collins, 3 Mich., 343; Williams v. The Mayor, 2 Mich., 560; Shumway v. Bennett, 29 Mich., 451; State Tax Cases, 54 Mich., 388; Houseman v. Kent Cir. Judge, 58 Mich., 366 ; Locke v. Speed, 62 Mich., 408; Clay v. Stuart, 74 Mich., 411.
SEC. 2. No person belonging to one department shall exercise Limitation of the powers properly belonging to another, except in the cases powers. etc. expressly provided in this Constitution.
People v. Collins, 3 Mich., 343; Flint & F. P. R. Co. v. Woodhull, 25 Mich., 99; Butler v. Supervisors of Saginaw, 26 Mich., 22; Shumway v. Bennett, 29 Mich., 451; Clay v. Stuart, 74 Mich., 411.
ARTICLE IV.
SECTION 1. The Legislative power is vested in a Senate and House of Representatives.
The legisla- ture.
People v. Collins, 3 Mich., 343; Williams v. The Mayor, 2 Mich., 560; Peo- ple v. Gallagher, 4 Mich., 244; Sears v. Cottrell, 5 Mich., 255; Shumway v. Bennett, 29 Mich., 460: State Tax Cases, 54 Mich., 396; Robison v. Haug & Miner, 68 Mich., 549; Bolt v. Riorden, 73 Mich., 518.
SEC. 2. The Senate shall consist of thirty-two members. Sena- Senate. tors shall be elected for two years, and by single districts. Such districts shall be numbered from one to thirty-two, inclusive; each
32
CONSTITUTION OF THE
ART. IV.
of which shall choose one Senator. No county shall be divided in the formation of Senate districts, except such county shall be equitably entitled to two or more Senators.
Giddings v. Blacker, July 23, 1892, 52 N. W. R., 944.
House of Representa- tives. *SEC. 3. The House of Representatives shall consist of not less than sixty-four, nor more than one hundred members. Represent- atives shall be chosen for two years, and by single districts. Each Representa- representative district shall contain, as nearly as may be, an equal tive districts. number of inhabitants, exclusive of persons of Indian descent, who are not civilized, or are members of any tribe, 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 hereafter organized, 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 the Legislature shall prescribe, and 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 Repre- sentative districts, specifying the number of each district and pop- ulation thereof, according to the last preceding enumeration.
Smith v. Saginaw, 81 Mich., 123.
Supervisors v. Blacker, July 28, 1892, 52 N. W. R., 951.
+SEC. 4. The Legislature shall provide by law for an enumera- tion of the inhabitants in the year eighteen hundred and fifty- four, and every ten years thereafter; and at the first session after each enumeration so made and also at the first session after each enumeration by the authority of the United States, the Legisla- ture shall rearrange the Senate districts and apportion anew the Representatives among the counties and districts, according to the number of inhabitants, exclusive of persons of Indian descent who are not civilized, or are members of any tribe. Each apportion-
*As amended by Joint Resolution 42, Laws of 1869, p. 425. Ratified, election of 1870.
tAs amended by Joint Resolution 42, Laws of 1869, p. 425. Ratified, election of 1870.
Enumera- tion of in- habitants.
33
STATE OF MICHIGAN.
ART. IV.
ment, and the division into Representative districts by any Board Apportion- of Supervisiors shall remain unaltered until the return of another ators and enumeration. Representa- tives.
Attorney Gen. v. Holihan, 29 Mich., 116; People v. Bradley, 36 Mich., 447 ; Bay County v. Bullock, 51 Mich., 546; Smith v. Saginaw, 81 Mich., 123. Giddings v. Blacker, July 23, 1892, 52 N. W. R. 944.
SEC. 5. Senators and Representatives shall be citizens of the Members United States, and qualified electors in the respective counties and must be citi- zens.
districts which they represent. A removal from their respective What to va- counties or districts shall be deemed a vacation of their office. cate office.
Royce v. Goodwin, 22 Mich., 496; Auditor General v. Supervisors, 89 Mich., 552.
SEC. 6. No person holding any office under the United States or Certain, offi- any county office, except notaries puplic, officers of the militia, cers ineli- gible. and officers elected by townships, shall be eligible to or have a seat in either house of the Legislature; and all votes given for any such person shall be void.
SEC. 7. Senators and Representatives shall in all cases, except Privileges of treason, felony, or breach of the peace, be privileged from arrest. members. They shall not be subject to any civil process during the session of the Legislature, or for fifteen days next before the commence- ment and after the termination of each session. They shall not be questioned in any other place for any speech in either house.
SEC. 8. A majority of each house shall constitute a quorum to Majority to do business; but a smaller number may adjourn from day to day, quorum. constitute and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe.
Southworth v. P. & J. R. Co., 2 Mich., 287.
SEC. 9. Each house shall choose its own officers, determine the Powers of rules of its proceedings, and judge of the qualifications, elections, each house. and returns of its members; and may, with the concurrence of two-thirds of all the members elected, expel a member. No mem- Expulsion of ber shall be expelled a second time for the same cause, nor for members. any cause known to his constituents antecedent to his election. The reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.
People v. Mahaney, 13 Mich., 481.
Flint & F. P. R. Co. v. Woodhull, 25 Mich., 99; Auditor General v. Super- visors, 89 Mich., 552.
SEC. 10. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The to keep yeas and nays of the members of either house on any question,
ment of Sen-
Each house
journal.
5
34
CONSTITUTION OF THE
ART. IV.
Right of protest.
shall be entered on the journal at the request of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding, or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal.
Attorney General v. Burch., 84 Mich., 408. Auditor General v. Supervisors, 89 Mich., 552. Common Council v. Assessors, March 18, 1892, 51 N. W. R., 787.
Elections viva voce. SEC. 11. In all elections, by either house, or in joint convention, the votes shall be given viva voce. All votes on nominations to Vote on nom- the Senate shall be taken by yeas and nays, and published with inations. the journal of its proceedings. .
Doors to be open-ad- SEC. 12. The doors of each house shall be open, unless the pub- journments, lic welfare require secrecy. Neither house shall, without the con- sent of the other, adjourn for more than three days, nor to any other place than where the Legislature may then be in session.
Bills, Bills and resolutions to be pre- sented to Governor.
Proceed- ings when Governor disapproves bill,
How vote determined.
Bill to be- come law if not returne in ten days.
May be signed in five days after ad- journment.
SEC. 13. Bills may originate in either house of the Legislature. SEC. 14. Every bill and concurrent resolution, except of adjourn- ment, passed by the Legislature, shall be presented to the Gov- ernor before it becomes a law. If he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon their journal, and reconsider it. On such reconsideration, if two-thirds of the members elected agree to pass the bill, it shall be sent with the objections to the other house, by which it shall be recon- sidered. If approved by two-thirds of the members elected to that house, it shall become a law. In such case the vote of both houses shall be determined by yeas and nays; and the names of the mem- bers voting for and against the bill shall be entered on the jour- nals of each house respectively. If any bill be not returned by the Governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law, in like man- ner as if he had signed it, unless the Legislature by their adjourn- ment prevent its return; in which case it shall not become a law. The Governor may approve, sign, and file in the office of the Sec- retary of State, within five days after the adjournment of the Legislature, any act passed during the last five days of the ses- sion; and the same shall become a law.
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