USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 8
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SEC. 4. Such judicial district shall be entitled at all times to at least one Senator, and, until entitled to more by its population, it shall have three members of the House of Representatives, to be apportioned among the several counties by the Legislature.
Compensa- tion of judges, etc.
See Const., Art. 4, Sec. 15.
SEC. 5. The Legislature may provide for the payment of the district judge a salary not exceeding one thousand dollars a year, and of the district attorney not exceeding seven hundred dollars a year; and may allow extra compensation to the members of the Legislature from such territory, not exceeding two dollars a day during any session.
Election, when to take place.
ĮSEC. 6. The elections for all district or county officers, State Senators, or Representatives, within the boundaries defined in this article shall take place on the Tuesday succeeding the first Monday of November in the respective years in which they may be required; the county canvass shall be held on the first Monday thereafter, and the district canvass on the third Monday of said November.
Mining taxes.
SEC. 7. One-half of the taxes paid into the Treasury from mining corporations in the Upper Peninsula, paying an annual State tax of one per cent, shall be paid to the treasurers of the counties from which it is received, to be applied for township and county pur- poses, as provided by law. The Legislature shall have power, after the year one thousand eight hundred and fifty-five, to reduce the amount to be refunded.
People v. Auditor General, 9 Mich., 141; Walcott v. People, 17 Mich., 68.
Location of State Prison,
SEC. 8. The Legislature may change the location of the State Prison from Jackson to the Upper Peninsula.
Mining com- panies.
SEC. 9. The charters of the several mining corporations may be modified by the Legislature in regard to the term limited for sub-
* See act 150, Laws 1863, p. 281. See schedule, Sec. 26.
t See act 191, Laws 1865, p. 320.
# As amended by Joint Resolution No. 17, 1861, p. 589. Ratified, election 1862.
69
STATE OF MICHIGAN.
ART. XX.
scribing stock, and in relation to the quantity of land which a cor- poration shall hold; but the capital shall not be increased, nor the time for the existence of charters extended. No such corporation shall be permitted to purchase or hold any real estate, except such as shall be necessary for the exercise of its corporate franchises.
Mason v. Perkins, 73 Mich., 303.
*ARTICLE XIX .- A.
SECTION 1. The Legislature may, from time to time, pass laws Railroad establishing reasonable maximum rates of charges for the transpor- fares and freights.
tation of passengers and freight on different railroads in this State. and shall prohibit running contracts between such railroad com- panies whereby discrimination is made in favor of either of such companies as against other companies owning connecting or inter- secting lines of railroad.
Wellman v. Chicago & G. T. R. R. Co., 83 Mich., 592.
SEC. 2. No railroad corporation shall consolidate its stock, prop- Competing erty or franchises with any other railroad corporation owning a par- lines not to consolidate allel or competing line; and in no case shall any consolidation take place except upon public notice given of at least sixty days to all stockholders, in such manner as shall be provided by law.
ARTICLE XX.
+SECTION 1. Any amendment or amendments to this constitution may be proposed in the Senate or House of Representatives. If the same shall be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journal respectively, with the yeas and nays taken thereon; and the same shall be submitted to the electors at the next spring or autumn election thereafter, as the Legislature shall direct; and if a majority of electors qualified to vote for members of the Legislature. voting thereon, shall ratify and approve such amendment or amend- ments, the same shall become part of the constitution.
Westinghausen v. People, 44 Mich .: 265; Seneca Mining v. Sec. State, 82 Mich., 573.
#SEC. 2. At the general election to be held in the year one thou- Revision of sand eight hundred and sixty-six, and in each sixteenth year there- tution, the Consti- after, and also at such other times as the Legislature may by law
*Submitted by Joint Resolution No. 1, 1870, p. 13. Adopted, election of 1870.
TAs amended by Joint Resolution No. 29, 1875, p. 310. Ratified, election of 1876. #As amended by Joint Resolution No. 17, 1861, p. 589. Ratified, election of 1862.
Discrimina-
tion pro- hibited.
Notice of consolida- tion,
Amend- ments to Constitution.
72
CONSTITUTION OF THE
SCHED.
Jurisdiction of probate courts, etc.
SEC. 11. The probate courts, the courts of justices of the peace, and the police court, authorized by an act entitled "An act to establish a police court in the city of Detroit," approved April second, one thousand eight hundred and fifty, shall continue to exercise the jurisdiction and powers now conferred upon them respectively, until otherwise provided by law.
Allor v. Wayne Co. Auditors, 43 Mich., 101.
State Printer.
SEC. 12. The office of State Printer shall be vested in the present incumbent until the expiration of the term for which he was elected under the law then in force; and all the provisions of the said law relating to his duties, rights, privileges, and compensation, shall remain unimpaired and inviolate until the expiration of his said term of office.
Ayres v. Board of State Auditors, 42 Mich., 423.
Duty of Legislature of 1851.
SEC. 13. It shall be the duty of the Legislature, at their first session, to adapt the present laws to the provisions of this Consti- tution, as far as may be.
People v. May, 3 Mich., 598; Ayres v. State Auditors, 42 Mich., 431.
Duty of Attorney General.
SEC. 14. The Attorney General of the State is required to prepare and report to the Legislature, at the commencement of the next session, such changes and modifications in existing laws as may be deemed necessary to adapt the same to this Constitution, and as may be best calculated to carry into effect its provisions, and he shall receive no additional compensation therefor.
Territory, etc.
SEC. 15. Any territory attached to any county for judicial pur- poses, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections, for the purpose of representation.
Constitution to be sub- mitted to people.
SEC. 16. This Constitution shall be submitted to the people for their adoption or rejection, at the general election to be held on the. first Tuesday of November, one thousand eight hundred and fifty; and there shall also be submitted for adoption or rejection, at the- same time, the separate resolution in relation to the elective fran- chise; and it shall be the duty of the Secretary of State, and all other officers required to give or publsh any notice in regard to the said general election, to give notice, as provided by law in case of an election of Governor, that this Constitution has been duly submitted to the electors at said election. Every newspaper within this State publishing in the month of September next, this constitution as sub-
MICHIGAN MINING SCHOOL, HOUGHTON.
73
STATE OF MICHIGAN.
SCHED.
mitted, shall receive as compensation therefor the sum of twenty- five dollars, to be paid as the Legislature shall direct.
SEC. 17. Any person entitled to vote for members of the Legisla ture, by the Constitution and laws now in force, shall at the said election, be entitled to vote for the adoption or rejection of this Constitution, and for or against the resolution separately submitted., at the places and in the manner provided by law for the election of members of the Legislature.
SEC. 18. At the said general election, a ballot box shall be kept by the several boards of inspectors thereof, for receiving the votes cast for or against the adoption of this Constitution; and on the bal- lots shall be written or printed, or partly written and partly printed, the words, "Adoption of the Constitution-Yes," or "Adoption of the Constitution-No."
SEC. 19. The canvass of the votes cast for the adoption or rejection of this Constitution, and the provisions in relation to the elective franchise separately submitted, and the returns thereof, shall be made by the proper canvassing officers, in the same manner as now provided by law for the canvass and return of the votes cast at an election for Governor, as near as may be, and the return thereof shall be directed to the Secretary of State. On the sixteenth day of December next, or within five days thereafter, the Auditor General, State Treasurer, and Secretary of State shall meet at the Capitol, and proceed, in presence of the Governor, to examine and canvass the returns of the said votes, and proclamation shall forthwith be made by the Governor of the result thereof. If it shall appear that a majority of the votes cast upon the question have thereon "Adoption of the Constitution-Yes," this constitution shall be the supreme law of the State from and after the first day of January, one thousand eight hundred and fifty-one, except as is herein otherwise provided; but if a majority of the votes cast upon the question have thereon "Adoption of the Constitution-No," the same shall be null and void .. And in case of the adoption of this Constitution, said officers shall: immediately, or as soon thereafter as practicable, proceed to open the. statements of votes returned from the several counties for Judges of the Supreme Court and State officers under the act entitled "An act to amend the Revised Statutes, and to provide for the election of certain officers by the people, in pursuance to an amendment of the Constitution," approved February sixteenth, one thousand eight hundred and fifty, and shall ascertain, determine, and certify the 10
Qualifica· tion of elector's.
Ballot box
Canvass.
:
74
CONSTITUTION OF THE
SCHED.
results of the election for said officers under said acts, in the same manner, as near as may be, as is now provided by law in regard to the election of Representatives in Congress. And the several Judges and officers so ascertained to have been elected, may be qualified and enter upon the duties of their respective offices on the first Monday of January next, or as soon thereafter as practicable.
Salaries.
SEC. 20. The salaries or compensation of all persons holding office under the present constitution shall continue to be the same as now provided by law, until superseded by their successors elected or appointed under this Constitution; and it shall not be lawful here- after for the Legislature to increase or diminish the compensation of any officer during the term for which he is elected or appointed.
Douvielle v. Manistee Sups., 40 Mich., 585.
Expendi- tures of con- vention.
SEC. 21. The Legislature at its first session shall provide for the payment of all expenditures of the convention to revise the Consti- tution and of the publication of the same, as is provided in this article.
Representa- tive dis- tricts.
SEC. 22. Every county except Mackinaw and Chippewa, entitled to a Representative in the Legislature at the time of the adoption of this Constitution shall continue to be so entitled under this Consti- tution; and the county of Saginaw, with the territory that may be attached, shall be entitled to one Representative; the county of Tuscola, and the territory that may be attached, one Representative; the county of Sanilac, and the territory that may be attached, one Representative; the counties of Midland and Arenac, with the territory that may be attached, one Representative; the county of Montcalm, with the territory that may be attached thereto, one Representative; and the counties of Newaygo and Oceana, with the territory that may be attached thereto, one Representative. Each county having a ratio of representation and a fraction over equal to' a moiety of said ratio, shall be entitled to two Representatives, and so on above that number, giving one additional member for each additional ratio.
Supervisor v. Blacker, July 28, 1892, 52 N. W. R., 951.
SEC. 23. . The cases pending and undisposed of in the late court of chancery at the time of the adoption of this Constitution, shall con- tinue to be heard and determined by the Judges of the Supreme Court. But the Legislature shall, at its session in one thousand eight hundred and fifty-one, provide by law for the transfer of said causes that may remain undisposed of on the first day of January,
Cases pend- ing in chan cery.
75
STATE OF MICHIGAN.
SCHED.
one thousand eight hundred and fifty-two, to the Supreme or circuit court established by this Constitution, or require that the same may be heard and determined by the circuit judges.
SEC. 24. The term of office of the Governor and Lieutenant Term of Governor shall commence on the first day of January next after office of Governor, etc.
their election.
SEC. 25. The territory described in the article entitled "Upper Upper Pen- Peninsula," shall be attached to and constitute a part of the insula. third circuit, for the election of a Regent of the University.
SEC. 26. The Legislature shall have authority, after the expira- District tion of the term of office of the district judge first elected for the district " Upper Peninsula," to abolish said office of district judge and attorney. district attorney, or either of them.
SEC. 27. The Legislature shall, at its session of one thousand Legislature eight hundred and fifty-one, apportion the Representatives among of 1851; its duties. the several counties and districts, and divide the State into Senate districts, pursuant to the provisions of this Constitution.
SEC. 28. The terms of office of all State and county officers, of Terms of the circuit judges, members of the Board of Education, and mem- State and county bers of the Legislature, shall begin on the first day of January officers. next succeeding their election.
SEC. 29. The State, exclusive of the Upper Peninsula, shall be Judicial cir- divided into eight judicial circuits, and the counties of Monroe, Const., Art.
cuits. Lenawee and Hillsdale shall constitute the first circuit; the counties 6, Sec. 7. of Branch, St. Joseph, Cass and Berrien shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw, Jackson and Ingham shall constitute the fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton and Van Buren shall constitute the fifth circuit; the counties of St. Clair, Macomb, Oakland and Sanilac shall constitute the sixth cir- cuit; the counties of Lapeer, Genesee, Saginaw, Shiawassee, Living- ston, Tuscola and Midland shall constitute the seventh circuit; and the counties of Barry, Kent, Ottawa, Ionia, Clinton and Montcalm shall constitute the eighth circuit.
Done in convention at the capitol of the State, this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty and of the Independence of the United States the seventy-fifth.
D. GOODWIN, President.
JOHN SWEGLES, JR., HORACE S. ROBERTS, CHARLES HASCALL,
Secretaries.
judge and
INDEX
TO THE
CONSTITUTION OF MICHIGAN.
ART. SEO.
ABSENT MEMBERS, attendance may be compelled. 4 8
ACTIONS-WRITS, pending at adoption of Constitution. Sched.
Jurisdiction transferred, when, etc.
Sched. 10
Causes in late court of chancery
Sched. 23
ACTS-Laws, when to take effect.
4 20
To embrace but one object. 4 20
ACQUITTAL ON MERITS, no trial after 6 29
ADJOURNMENT, less than quorum may adjourn from day to day.
4 8
Neither house to adjourn for more than three days, except, etc. 4 12
Final, of session, hour of
4
32
Time of, how fixed.
4
33
AGRICULTURAL IMPROVEMENTS, to be promoted
13
11
AGRICULTURAL LANDS, for what time may be leased 18
12
AGRICULTURAL SCHOOL, to be provided for
13
11
Salt spring lands, etc., to be applied to
13
11
May be branch of university 13
13
11
ALIENS, rights respecting property 18
13
AMENDMENT, of laws; how made 4
25
To Constitution, how made.
20
1
Corporation laws, may be amended
15
1
Of corporation charters, notice of 15
16
ANNUAL TAX, for State expenditures, etc. 14
1
APPOINTMENTS, CIVIL, members of the legislature not to receive
4
18
APPROPRIATIONS, of money or property, what vote required for 4
45
ARMS, right of people to bear 18
7
ARREST, when members of the legislature exempt from
4
7
Electors privileged from, when
7
3
ATTAINDER, no bill of, to be passed 4
8
1
When term of to commence 8
9
1
To keep office at seat of government. 8
1
To perform duties prescribed by law
8
1
Vacancy in office of, how filled 8 3
Governor to remove, when 12
8
(76)
ATTORNEY GENERAL, when elected, term of office
2
Salary of
43
May be placed under supervision of regents.
11
1
77
STATE OF MICHIGAN.
ATTORNEY GENERAL, when governor to appoint successor
12 8
AUDITOR GENERAL, when elected, term of office, duties to be prescribed
by law
8
1
Term to commence, when 8
9
To keep office at seat of government
8
1
How vacancy in office of, filled
8
3
When governor to remove
12
8
When governor to appoint successor 12
8
BAIL, when not to be allowed
6
29
Excessive, not to be required 6
31
BALLOT, elections to be by, except when.
7
2
BANKS-BANKING ASSOCIATIONS, a single bank may be created by legis- lature 15
1
Liability of stockholders 15
3
Bills of to be registered, when 15
4
Security for circulation of
15
4
Insolvency of, rights of bill holders
15
5
Suspension of specie payment by, not to be authorized
15
6
BANKING LAW, GENERAL, to be submitted to vote of people
15
2
BILLS, may originate in either house 4
13
Not to be introduced after first fifty days of session
4
28
To be read three times before passage
4
19
Vote on, by yeas and nays 4
19
Majority of all members elect required to pass
4
19
To be presented to governor for approval
4
14
Not returned in ten days become law
4 14
If vetoed to be reconsidered
4
14
Proceedings on reconsideration of
4
14
Two-thirds required to pass 4
14
When may be signed and filed in five days after close of session 4 14
Appropriating money and property for private or local purposes require two-thirds vote
4
45
Of attainder, not to be passed
4
43
BINDING, of books, etc., to be let by contract, etc. 4
22
BOARD OF STATE AUDITORS, how constituted 8
4
To adjust claims against State 8
4
BOARD OF EDUCATION, election of members, terms of office of 13
9
Superintendent of Public Instruction, member of 13 9
To have supervision of normal school 13
9
BOARD OF STATE CANVASSERS, board of State auditors to be 8
4
To canvass returns for Governor and other State officers, etc. 8
4
When decision of, contested, legislature to decide 8
5
BOARD OF EQUALIZATION. powers, duties of. 14
13
BOARD OF REGENTS, see Regents of University.
10
9
BOARD OF AUDITORS of Wayne county, powers of
BOARD OF SUPERVISORS, how constituted 10 9
Cities to be represented in 10
7
ART.
SEO.
2
Salary of
1
78
CONSTITUTION OF THE
BOARD OF SUPERVISORS .- Continued.
ART.
SEO.
Powers to be prescribed by law 10 6
What powers may be conferred on
4
38
May organize townships
10
11
Removal of county seat by 10
8
May provide for laying out highways and constructing bridges 10
10
May raise money for highways and bridges, amount of 10
May authorize bridging and damming navigable streams 18
4
To fix compensation and adjust claims against counties.
10
10
When to divide counties into representative districts
4
BOUNDARIES of the State of Michigan
1
1
BRIDGES, board of supervisors may raise money for
10
9
Board of supervisors may provide for constructing
10
11
Over navigable streams, how authorized 18
4
CENSUS, when to be taken 4
4
24
CIRCUIT COURTS, courts of record, seal, etc.
6
15
Jurisdiction of
6
18
To be held in each county, when, etc ..
6
11
County clerk to be clerk of
6
12
Practice in, to be regulated by supreme court
6
5
CIRCUIT COURT COMMISSIONERS, authorized, powers of, etc.
6
16
CIRCUIT JUDGES, to be elected in each circuit.
6
9
First and subsequent elections, when to be
6
20
Election of, in new circuits.
6
7
Eligible to no other office
6
9
Term of office of.
6
6
In new circuits
6
7
When appointed or elected to fill vacancy
6
14
Salary of
Art. 9, Sec. 1 6
9
May fill vacancies in office of county clerk and prosecuting attorney. 6
10
Can make no other appointments 6 10
To be conservators of the peace. 6
19
Not to be removed by alteration of circuits
6
7
Removal from circuit vacates office.
6
22
Vacancy to be filled by Governor_
6
14
CITIES, when may be organized into counties.
10
2
To be represented in board of supervisors
10
7
Incorporation of, to be provided for
15
13
What powers may be conferred on
4
38
Power of taxation and of borrowing money to be restricted.
15
13
Election of judicial officers of
15
14
Other officers to be elected or appointed
15
14
Of private property taken for public use in
15
15
Alteration of charter, notice of application for. 15 16
CIVIL APPOINTMENTS, members of the legislature not to receive 4
18
CIVIL POWER, military subject to 18 8
CIVIL PROCESS, members of legislature exempt from, when 4
7
9
Allowances by, not subject to appeal. 10
. 10
4
CHAPLAIN, may be employed in State prison.
79
STATE OF MICHIGAN.
ART. SEC.
CIVIL RIGHTS, privileges, etc., of persons not to be diminished on account of religious belief 4
41
CLAIMS AND ACCOUNTS, legislature not to allow private 4
31
CLAIMS AGAINST COUNTIES, adjustment by board of supervisors. 10
10
CLAIMS AGAINST STATE, how adjusted 8
4
CLERKS, of Supreme court, judges to appoint 6 Of circuit court, county clerk to be. 6
12
COLLECTOR, holder, or disburser of public money, when allowed seat in legislature, or to hold office. 4
30
COMMANDER-IN-CHIEF, Governor is, of military and naval forces. 5
40
Is also when absent from State in time of war 5
12
COMMISSIONS, to be signed by Governor 5
19
COMMISSIONER OF THE LAND OFFICE, when elected, term of office, etc. 8
1
Salary of
9
1
Term to commence, when. 8
2
To keep office at seat of government 8
-1
Vacancy in office of, how filled
8
3
To be member of board of State auditors 8
4.
To be member of board of State canvassers 8
4
When Governor to remove
12
8
When Governor to appoint successor. 12
8
COMMON LAW, retained Sched. 1.
4
37
Of members of the Legislature
4
15.
At extra sessions
4 15.
From the Upper Peninsula 4
15
Of president of senate and speaker of house.
4
17
In contested election cases
4
29.
Of Lieutenant Governor when acting as Governor
5
17
Of president pro tem. of senate when acting as Governor 5
17
Extra, not allowed to officers and contractors 4 10
To be paid by counties, how fixed. 10
10
CONCILIATION, courts of, may be established
6
23
CONSTITUTION, submission of, to the people. Sched. 16-19,
Amendments, how proposed and ratified. 20 1
2
How may be revised, etc. 20
2
CONTRACTS, obligations of, not to be impaired 4
43;
Members of legislature not to be interested in certain 4
18
Extra compensation not to be allowed on certain 4
21
State officers and members not to be interested in, when 4
22
For fuel, stationery, printing, binding, etc. 4
2
Not to be altered, rescinded or released 4
22
CONVEYANCES of land, not to be authorized by special law. 4
21
CONVENTION to revise Constitution, when may be called, etc. 20
3.
CORPORATIONS, term defined 15
11
May sue and be sued 15
11.
To be formed under general laws, except for municipal purposes 15
1.
COMPENSATION, for publishing laws in newspapers
1
When certain amendments to take effect 20
12
80
CONSTITUTION OF THE
CORPORATIONS .- Continued.
ART.
SEO.
A single bank, etc., may be created 15 1
Terms of existence of 15 10
Real estate may be held by, for what time. 15
12
Alteration of charter, notice to be given, etc. 15
16
Acts of incorporation passed prior to Constitution, how amended 15 Not to be renewed or extended, when 15
8
COUNTIES, are bodies corporate, organization, powers of, etc. 10
1
Suits, by and against, in name of 10
3
Territorial extent of. 10
10
2
Not liable for acts of sheriff 10
5
Compensation for services for, and claims against 10
10
When may be divided in forming Senate districts
4
2
When entitled to a representative in the legislature.
4
2
When to be divided into representative districts 4
2
COUNTY CLERK, to be clerk of circuit court 6
10
3
Terms of office of
10
3
Office of clerk and register may be united, etc.
10
3
Vacancies in, how filled
10
13
What, to hold offices at county seat. 10
10
4
COUNTY SEAT, removal of, proceedings for
6
1
Municipal courts may be established
6
1
Courts of conciliation authorized
6
23
Existing at adoption of Constitution, retained, etc. Sched. 2
Of probate and of justices of the peace, jurisdiction continued Sched. 11
CREDIT OF STATE not to be granted, except, etc. 14 6
6
28
Person not subject to, after acquittal, etc.
6 29
Accused in, is not compelled to be a witness against himself 6
32
DAMS, upon navigable streams, how authorized 18
4
DEAF, DUMB, BLIND AND INSANE, provisions for, to be made 13
10
DEBATE, freedom of, in legislature, assured
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