USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 6
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No. of town- ships in county.
When city may be made a county.
SEC. 2. No organized county shall ever be reduced by the organ- ization of new counties to less than sixteen townships, as surveyed by the United States, unless in pursuance of law a majority of elect- ors residing in each county to be affected thereby shall so decide. The Legislature may organize any city into a separate county when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization.
Rice v. Ruddiman, 10 Mich., 125; Carleton v. People, 10 Mich., 250; Bay Co. v. Bullock, 51 Mich., 545.
County officers.
SEC. 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds, and a prosecuting attorney, chosen by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same.
People v. Maynard, 15 Mich., 463; Keeler v. Robertson, 27 Mich., 116; Peo- ple v. May, 3 Mich., 598.
What offices at county seat.
SEC. 4. The sheriff, county clerk, county treasurer, judge of pro- bate, and register of deeds shall hold their offices at the county seat. Rice v. Shay, 43 Mich., 380.
53
STATE OF MICHIGAN.
ART. X.
SEC. 5. The sheriff shall hold no other office, and shall be incap- Sheriff to able of holding the office of sheriff longer than four in a period of six years. He may be required by law to renew his security from time To give to time, and in default of giving such security his office shall be
hold no other office.
security. deemed vacant. The county shall never be responsible for his acts. County not responsible.
Dunphy v. People, 25 Mich., 10; People v. Gosch, 82 Mich., 22.
SEC. 6. A board of supervisors, consisting of one from each organ- Board of ized township, shall be established in each county, with such supervisors .. powers as shall be prescribed by law.
Attorney General v. Preston, 56 Mich., 180; Bolt v. Riordan, 73 Mich., 508.
SEC. 7. Cities shall have such representation in the board of Cities to be supervisors of the counties in which they may be situated, as the in board. Legislature may direct.
Attorney General v. Preston, 56 Mich., 181; Bolt v. Riordan, 73 Mich., 508.
SEC. 8. No county seat once established shall be removed until County the place to which it is proposed to be removed shall be designated removed. by two-thirds of the board of supervisors of the county, and a majority of the electors voting thereon shall have voted in favor of the proposed location, in such manner as shall be prescribed by law.
Att'y General v. Supervisors, 11 Mich., 63; People v. County Officers, 15 Mich., 85; Att'y General v. Supervisors, 33 Mich., 289; Pack v. Presque Isle, 36 Mich., 377; Rice v. Shay, 43 Mich., 380; Bagot v. Antrim Supervisors, 43 Mich., 577; Att'y General v. County Canvassers Iron Co., 6+ Mich., 607.
SEC. 9. The board of supervisors of any county may borrow or Money for raise by tax one thousand dollars, for constructing or repairing etc. highways, public buildings, highways or bridges; but no greater sum shall be borrowed or raised by tax for such purposes in any one year unless authorized by a majority of the electors of such county voting thereon.
Att'y General v. Supervisors of Bay, 34 Mich., 46; Callam v. Saginaw, 50 Mich., 12; Fulton Iron Works v. Kimbal, 52 Mich., 150; Attorney General v. Board of Auditors, 73 Mich., 53; Davies v. Supervisors, 89 Mich., 295.
SEC. 10. The board of supervisors, or in the county of Wayne Claims ^ the board of county auditors, shall have the exclusive power to pre- scribe and fix the compensation for all services rendered for, and to adjust all claims against their respective counties, and the sum so fixed or defined shall be subject to no appeal.
People v. Sup. Macomb, 3 Mich., 475; Kennedy v. Gies, 25 Mich., 83; Endriss v. Chippewa, 43 Mich., 317; People v. Wright, 19 Mich., 351; Barry Co. v. Manistee Co., 33 Mich., 497; People v. Auditors ot Wayne County, 10 Mich., 307; Mixer v. Sup. Manistee, 26 Mich .. 422; Videto v. Sup. Jackson Co., 31 Mich., 116; Clark v. Sup. Ingham, 38 Mich., 658; McMahon v. Aud. Wayne Co., 41 Mich., 223; Whallon v. Ingham Circuit Judge, 51 Mich., 508; Cicotte v. County of Wayne, 59 Mich., 510; Attorney General v. Board of Auditors, 73 Mich., 53.
.
represented
seats; how
against counties, etc.
54
CONSTITUTION OF THE
ART. XII.
Laying out highways, etc.
SEC. 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organ- izing townships under such restrictions and limitations as shall be prescribed by law.
People v. Kimball, 4 Mich., 95; People v. Highway Comr's of Nankin, 15 Mich., 347; Att'y General v. Bay Co., 34 Mich., 46; Pearsall v. Supervisors, 71 Mich., 444; Davies v. Supervisors, 89 Mich., 295.
ARTICLE XI.
Township officers.
SECTION 1. There shall be elected annually, on the first Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex officio school inspector, one commissioner of highways, one township treasurer, one school inspector, not · exceeding four constables, and one overseer of highways for each highway district, whose powers and duties shall be prescribed by law.
People v. Maynard, 15 Mich., 463; Hubbard v. Springwells, 25 Mich., 156; People v. Ryan, 19 Mich., 203; Allor v. Wayne Co. Auditors, 43 Mich., 102; Attorney General v. Preston, 56 Mich., 178; Donough v. Dewey, 82 Mich., 309; Davies v. Supervisors, 89 Mich., 295.
Townships to be bodies corporate.
SEC. 2. Each organized township shall be a body corporate, with such powers and duties as shall be prescribed by law. All suits and proceedings by or against a township shall be in the name thereof.
People v. Collins, 3 Mich., 415; People v. Ryan, 19 Mich., 203; People v. Maynard, 15 Mich., 463; Scrafford v. Sup. Gladwin, 41 Mich., 647.
ARTICLE XII.
Impeach- ments.
SECTION 1. The House of Representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment.
How tried.
Conviction and judg- ment.
SEC. 2. Every impeachment shall be tried by the Senate. When the Governor or Lieutenant Governor is tried, the Chief Justice of the Supreme Court shall preside. When an impeachment is directed, the Senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. Judgment in case of impeachment shall not extend further than removal from office; but the party convicted shall be liable to punishment according to law.
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STATE OF MICHIGAN.
ART. XII.
SEC. 3. When an impeachment is directed, the House of Repre- Who to sentatives shall elect from their own body three members, whose prosecute. duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the Legislature, when When to be the Senate shall proceed to try the same. tried.
SEC. 4. No judicial officer shall exercise his office after an In case of impeachment is directed. until he is acquitted. judicial officer.
SEC. 5. The Governor may make a provisional appointment to Vacancy by fill a vacancy occasioned by the suspension of an officer, until he etc. suspension, shall be acquitted, or until after the election and qualification of a successor.
SEC. 6. For reasonable cause, which shall not be sufficient ground Removal of for the impeachment of a judge, the Governor shall remove him judge. on a concurrent resolution of two-thirds of the members elected to each House of the Legislature, but the cause for which such removal is required shall be stated at length in such resolution.
SEC. 7. The Legislature shall provide by law for the removal of Removal of any officer elected by a county, township, or school district, in such officers. certain manner and for such cause as to them shall seem just and proper.
People v. Lord, 9 Mich., 227; Clay v. Stuart, 74 Mich., 411.
*SEC. 8. The Governor shall have power, and it shall be his duty, Removal of except at such time as the Legislature may be in session, to examine into the condition and administration of any public office, and the acts of any public officer, elective or appointed, to remove from office for gross neglect of duty, or for corrupt conduct in office, or any other misfeasance or malfeasance therein, either of the following State officers, to wit: The Attorney General, State Treasurer, Commissioner of the Land Office, Secretary of State, Auditor General, Superintendent of Public Instruction, or members of the State Board of Education, or any other officer of the State, except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their respective unexpired term of office, and report the cause of such removal to the Legislature at its next session.
Dullam v. Willson, 53 Mich., 393.
* As amended by Joint Resolution No. 15, 1861, p. 588. Ratified, election of 1862.
State officers.
56
CONSTITUTION OF THE
ART. XIII.
ARTICLE XIII.
Education.
SECTION 1. The Superintendent of Public Instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law.
School fund.
SEC. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State, for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands, as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.
People v. Auditor General, 12 Mich., 171; Crane v. Reeder, 22 Mich., 322; Jones v. Commissioner, 21 Mich., 236.
Escheats.
SEC. 3. All lands, the title of which shall fail from a defect of heirs, shall escheat to the State; and the interest on the clear pro- ceeds from the sales thereof shall be appropriated exclusively to the support of primary schools.
Crane v. Reeder, 22 Mich., 322.
Free schools.
SEC. 4. The Legislature shall, within five years from the adoption of this Constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State; and all instruction in said schools shall be conducted in the English language.
Instruction to be in English language. " Time school must be maintained.
SEC. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its proportion of the income of the Primary School Fund, and of all . funds arising from taxes for the support of schools.
Election of regents of the Univer- sity.
*SEC. 6. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a justice of the Supreme Court, eight Regents of the University, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a Justice of the Supreme Court thereafter there shall be
* As amended by Joint Resolution No. 17, Laws of 1861, p. 539. Ratified, election of 1862.
STATE NORMAL SCHOOL, YPSILANTI.
57
ART. XIII. STATE OF MICHIGAN.
elected two Regents, whose term of office shall be eight years. When a vacancy shall occur in the office of Regent, it shall be filled by appointment of the Governor. The Regents thus elected shall Board of constitute the Board of Regents of the University of Michigan. regents.
SEC. 7. The Regents of the University, and their successors in To be a body office shall continue to constitute the body corporate known by the corporate. name and title of "The Regents of the University of Michigan." Name.
Regents v. Board of Education, 4 Mich., 213; Regents v. Detroit Y. M. Society, 12 Mich., 138.
SEC. 8. The Regents of the University shall, at their first annual President of meeting, or as soon thereafter as may be, elect a President of the University. University, who shall be ex officio a member of their Board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Regents, and be the principal executive officer of the University. The Board of Regents shall have the general supervision of the University, and the direction and control of all supervision expenditures from the University Interest Fund.
of University.
People v. Regents, 4 Mich., 98; People v. Auditor General, 17 Mich., 161; People v. Regents, 18 Mich., 469; People v. Regents, 30 Mich., 473; Univer- sity v. Rose, 45 Mich., 284.
SEC. 9. There shall be elected at the general election in the year Board of one thousand eight hundred and fifty-two, three members of a State education, Board of Education, one for two years, one for four years, and one for six years; and at each succeeding biennial election there shall be elected one member of such Board, who shall hold his office for six years. The Superintendent of Public Instruction shall be ex officio superinten- a member and Secretary of such Board. The Board shall have the general supervision of the State Normal School. and their duties shall be prescribed by law.
dent of Pub- lic Instruc- tion to be member.
SEC. 10. Institutions for the benefit of those inhabitants who are Asylums. deaf, dumb, blind, or insane, shall always be fostered and supported.
Van Dusen v. Newcomer, 40 Mich .. 90.
SEC. 11. The Legislature shall encourage the promotion of intel- Agricultu- lectual, scientific, and agricultural improvement, and shall, as soon ral school .. as practicable, provide for the establishment of an Agricultural School. The Legislature may appropriate the twenty-two sections Appropria- of salt spring lands now unappropriated, or the money arising from for. the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may 8
tion of land
1
58
CONSTITUTION OF THE
ART. XIV.
May be made branch of University.
make the same a branch of the University, for instruction in agri- culture and the natural sciences connected therewith, and place the same under the supervision of the Regents of the University.
Town libraries.
*SEC. 12. The Legislature shall also provide for the establishment of at least one library in each township and city; and all fines assessed and collected in the several counties and townships for any branch of the penal laws shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Provided, That in no case shall such fines be used for other than library or school purposes.
Fennell v. C. C. Bay City, 36 Mich., 186; Wayne Co. v. Detroit, 17 Mich., 390; People v. ('ontroller of Detroit, 18 Mich., 445; Mixer v. Sup. Manistee, 26 Mich., 422; People v. Jackson, 8 Mich., 110; People v. Treasurer Wayne Co., 8 Mich., 392; Youngblood v. Sexton, 32 Mich .. 406; Attorney General v. St. Clair, 11 Mich., 63; Belles v. Burr, 76 Mich., 1.
ARTICLE XIV.
Specific taxes.
SECTION 1. All specific State taxes, except those received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the Primary School, University, and other educational funds, and the interest and principal of the State debt in the order herein recited, until the extinguishment of the State debt, other than the amount due to educational funds, when such specific taxes shall be added to and constitute a part of the Primary School Interest fund. The Legislature shall pro- vide for an annual tax, sufficient, with other resources to pay the estimated expenses of the State government, the interest of the State debt, and such deficiency as may occur in the resources.
Tax for State ex- penses.
Wolcott v. People, 17 Mich., 68; Youngblood v. Sexton, 32 Mich., 406; People v. Salem, 20 Mich., 452; Aud. Gen. v. State Treasurer, 45 Mich., 161; Lake Superior Ship Canal, etc., v. Aud. Gen., 79 Mich., 351; Longyear v. Buck, 83 Mich., 236.
Sinking fund.
SEC. 2. The Legislature shall provide by law a sinking fund of at least twenty thousand dollars a year, to commence in eighteen hundred and fifty-two, with compound interest at the rate of six per cent per annum, and an annual increase of at least five per cent, to be applied solely to the payment and extinguishment of the prin- cipal of the State debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. The
* As amended by Joint Resolution, No. 25, 1879, p. 312. Ratified, election of 1881.
59
ART. XIV. STATE OF MICHIGAN.
unfunded debt shall not be funded or redeemed at a value exceed- ing that established by law in one thousand eight hundred and forty-eight.
Aud. Gen. v. State Treas., 45 Mich., 161.
SEC. 3. The State may contract debts to meet deficits in revenue. State may Such debts shall not in the aggregate at any one time exceed fifty debts, etc. contract thousand dollars. The money so raised shall be applied to the purposes for which they were obtained, or to the payment of the debts so contracted.
SEC. 4. The State may contract debts to repel invasion, suppress To repel in- insurrection, or defend the State in time of war. The money arising from the contracting of such debts shall be applied to the purposes for which it was raised, or to repay such debts.
vasions, etc.
SEC. 5. No money shall be paid out of the treasury, except in Money, how pursuance of appropriations made by law. paid out.
SEC. 6. The credit of the State shall not be granted to, or in State credit, aid of any person, association, or corporation. etc.
People v. Salem, 20 Mich., 452; Bay City v. State Treasurer, 23 Mich., 499; Thomas v. Port Huron, 27 Mich., 320.
SEC. 7. No scrip, certificate, or other evidence of State indebted- Issue of ness shall be issued, except for the redemption of stock previously scrip, etc. issued, or for such debts as are expressly authorized in this Constitution.
SEC. 8. The State shall not subscribe to, or be interested in, the State not to own stock, etc.
stock of any company, association, or corporation.
People v. Salem, 20 Mich., 452; Bay City v. State Treasurer, 23 Mich., 499.
SEC. 9. The State shall not be a party to or interested in, any Works of work of internal improvement, nor engaged in carrying on any provement. such work, except in the expenditure of the grants to the State of land or other property.
Ryerson v. Utley, 16 Mich., 269; People v. Salem, 20 Mich., 452; Bay City v. Treasurer, 23 Mich., 499; Thomas v. Port Huron, 27 Mich., 320; Hubbard v. Springwells, 25 Mich., 153; Attorney General v. L. S. S. (. Co., 32 Mich., 233; Benjamin v. Manistee R. I. ('o., 42 Mich., 628; Rogers v. Port Huron & L. M. R. R., 45 Mich., 463; Manistee River Imp. Co. v. Sande, 53 Mich., 594; Ander- son v. Hill, 54 Mich., 487; Sparrow v. Comr. Land Office, 56 Mich., 571; Wil- cox v. Paddock, 65 Mich., 23; Sanilac County v. Auditor General, 68 Mich., 659; Gillett v. McLaughlin, 69 Mich., 547.
SEC. 10. The State may continue to collect all specific taxes To collect accruing to the treasury under existing laws. The Legislature may specific tax. provide for the collection of specific taxes from banking, railroad, plank road, and other corporations hereafter created.
Walcott v. People, 17 Mich., 68; Kitson v. Mayor Ann Arbor, 26 Mich .. 325; Youngblood v. Sexton, 32 Mich., 406; Jackson Mining Co. v. Aud. Gen'1, 32 Mich., 488; First National Bank v. St. Joseph, 46 Mich., 530.
internal im-
60
CONSTITUTION OF THE
ART. XV.
Unifornı rate of tax- ation.
SEC. 11. The Legislature shall provide an uniform rule of taxation, except on property paying specific taxes, and taxes shall be levied on such property as shall be prescribed by law.
Walcott v. People, 17 Mich., 63; Kitson v. Mayor Ann Arbor, 26 Mich., 325; Youngblood v. Sexton, 32 Mich., 4 6; Williams v. Mayor, 2 Mich., 560; Peo- ple v. Aud. Gen'l, 7 Mich., 84; Woodbridge v. Detroit. 8 Mich., 275; Motz v. Detroit, 18 Mich., 495; Jones v. Commissioners, 34 Mich., 273; Thomas v. Gain, 35 Mich., 155; Sheley v. Detroit, 45 Mich., 431; Powers' Appeal, 29 Mich., 504; Hoyt v. East Saginaw, 19 Mich., 39; Warren v. Gr. Haven, 30 Mich., 24; Albany and B. Mining Co. v. Aud. Gen'l, 37 Mich., 391; Reith- miller v. People, 44 Mich .. 280; Van Horn v. People, 46 Mich., 183; Chaffee's Appeal, 56 Mich., 253; Fargo v. Auditor Gen'1, 57 Mich., 6)6; Wilcox v. Pad- dock, 65 Mich., 23; Supervisors of Chippewa Co. v. Aud. Gen'l, 65 Mich., 408; City of Detroit v. Daly, 68 Mich., 503; Davenport v. Aud. Gen'1, 70 Mich., 192; Atty. Gen'l v. Supervisors, 71 Mich., 16; Wilcox v. Eagle, 81 Mich., 271; Manistee Lumber Co. v. Township, June 10, 1892, 52 N. W. R., 463.
Assessments,
SEC. 12. All assessments hereafter authorized shall be on property at its cash value.
Walcott v. People, 17 Mich., 68; Kitson v. Mayor Ann Arbor, 26 Mich., 325; Sheley v. Detroit, 45 Mich., 431; Woodbridge v. Detroit, 8 Mich., 274; Motz v. Detroit, 18 Mich., 495; Williams v. Mayor, 2 Mich .. 560; Hoyt v. E. Saginaw, 19 Mich., 39; Warren v. Gr. Haven, 30 Mich., 24; Powers' Appeal, 29 Mich., 504; A. & B. Mining Co. v. Aud. Gen'l, 37 Mich., 391; Jones v. Commission- ers, 34 Mich., 273; Thomas v. Gain, 35 Mich., 155; Avery & Eddy v. East Sag- inaw, 44 Mich., 587; Att'y Gen'l v. Supervisors (Taxation of Mortgages), 71 Mich., 16.
Equaliza- tion.
SEC. 13. The Legislature shall provide for an equalization by a State Board, in the year one thousand eight hundred and fifty-one, and every fifth year thereafter, of assessments on all taxable prop- erty, except that paying specific taxes.
Laws impos- ing taxes.
SEC. 14. Every law which imposes, continues, or revives a tax, shall distinctly state the tax, and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object.
Walcott v. People, 17 Mich., 68; People v. Mahaney, 13 Mich., 481; West- inghausen v. People, 44 Mich., 265.
ARTICLE XV.
How cor- porations formed.
Legislature may create single bank.
* SECTION 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All laws passed pursuant to this section may be amended, altered or repealed. But the Legislature may, by a vote of two-thirds of the members elected to each house, create a single bank, with branches.
People v. J. & M. P. R. Co., 9 Mich., 285; Joy v. J. & M. P. R. Co., 11 Mich., 155; East Saginaw Manufacturing Co. v. East Saginaw, 19 Mich., 294; G. R. N. & L. S. R. R. Co. v. G. R. & I. R. R. C'o., 35 Mich., 269; Nelson v. McArthur, 38 Mich., 204; Doyle v. Misner, 42 Mich., 332; Mok v. Detroit B. & S. Association, 30 Mich., 511; Detroit St. R. v. Guthard, 51 Mich., 180; Mason v. Perkins, 73 Mich., 303; Isle Royal, etc., Cor. v. Osmun, 76 Mich,, 162; Kent Co. Ag. So. v. Houseman, 81 Mich., 609.
* As amended by Joint Resolution No. 17, 1861, p. 589. Ratified, election 1862.
61
ART. XV. STATE OF MICHIGAN.
*SEC. 2. No general banking law shall have effect until the same Banking law shall, after its passage, be submitted to a vote of the electors of the on. to be voted State, at a general election, and be approved by a majority of the votes cast thereon at such election.
stockholders.
+SEC. 3. The officers and stockholders of every corporation or Liability of association for banking purposes, issuing bank notes or paper credits, to circulate as money, shall be individually liable for all debts contracted during the term of their being officers or stock- holders of such corporation or association, equally and ratably to the extent of their respective shares of stock in any such corporation or association.
*SEC. 4. For all banks organized under general laws, the Legis- Registry of lature shall provide for the registry of all bills or notes issued or put into circulation as money, and shall require security to the Security full amount of notes and bills so registered, in State or United required. States stocks, bearing interest, which shall be deposited with the State Treasurer for the redemption of such bills or notes, in specie.
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