T I-1 I COLsI-TIUTO~- 0'-C-.... WITH AMENDMENTS THERETO, AS RECOMMENDED BY THE CONSTITUTIONAL COMMISSION OF 1873 A ND REPORTED TO THE GOVERNOR, WITH AN ANALYSIS OF THE CHANGES PROPOSED. BY AUTHORITY. LANSING: w. S. GEORGE & CO., STATE PRINTERS AND BINDERS. 1873. - . . An.*. _... l + He REPORT TO THE GOVERNOR. To His Excelleicy, Jo7in J. Bagley, Governor of the State of Michigan: The commission appointed pursuant to a joint resolution of the legislature, entitled, "Joint Resolution to provide for a Commission for the revision of the Constitution of the State of Michigan," approved April 24, 1873, made a formal report to your excellency on the sixteenth day of October last, communicating the results of its labors. At the same time you were advised that a committee, appointed by the commission in that behalf, would, as soon as the same could be prepared, report in detail the principal changes made in the present constitution, and the reasons which had induced the commission to recommend such changes. In the performance of this duty, the undersigned, as such committee, beg leave most respectfully to submit the following: By the terms of the joint resolution under which the commission was appointed, they were authorized "to examine into and report to the next session, either special or general, of the legislature of this State, such amendments and revision of the constitution as in their judgment may be necessary for the best interests of the State and the people." A careful examination of the present constitution showed many ambiguities, as well as some unnecessary and inconvenient restrictions. By incompleteness of arrangement also, different divisions were found to embrace the same subject matter, involving repetitions and inconsistencies. The commission sought to remove the ambiguities and unnecessary restrictions, and, by the re-arrangement and combination of articles and sections, to bring the 6 REPORT TO THE GOVERNOR. several provisions into such relationship to each other as to make them the more easily understood. In addition to this, several new and important provisions have been added. The work of the commission therefore has been equivalent to a revision of the constitution, although it is technically recognized in the official records of the commission as the amended constitution. To exhibit the more intelligibly the changes that are recommended, the committee have deemed it best to repeat the entire constitution as agreed upon by the commission, adding thereto such references and explanations as have seemed necessary. These will appear as an appendix to this, the committee's report, to which is added, for convenience of reference, the full text of the present constitution. There are some changes in the arrangement and numbering of the several articles, which are explained in their proper places. The present constitution contains twenty-one articles and the schedule, aggregating two hundred and fifty-four sections. The constitution as proposed by the commission contains eighteen articles and the schedule, aggregating two hundred and nine sections. Article XIX of the present constitution, relating to the upper peninsula, is omitted from the revision as obsolete, all necessary special provisions relating to that section being embodied in other parts of the revision. The preparation of the analysis of the proposed changes involved mores labor than any member of the committee could devote to it, and Mr. S. B. McCracken, of Detroit, who acted as assistant clerk of the commission, was employed to do the work. The committee take pleasure in commending the care and method with which his work has been done. (Signed), S. M. (CUTCHEON, S. L. WITHEY, D. H. JEROME, ASHLEY POND, Comnmittee. LANsING, December 1, 1873. iv I INDEX TO CHANGES. All essential changes proposed are referred to in the index below. by articles and sections. The numbel of changes is not, however, correctly represe-nted by the nitumber of index lines, as the same subject matter is in many cases referred to under several different heads. SEC.. 4 1 3 6 9 2 51 9 2 8 3; 1 6;, 2 10 3 8: 1 1 2 22 9 7 8 6 9 14 3 14 8 .10 15~ 13 14 2 1 12 9 9 7 1 1 AGRICULTURAL COLLEGE-duties of board of, to continue. —------ 13 AMENDMENTS TO CONSTITUTION — w hen may be submitted. 18 APPOINTMENT-of attorney general, may be authoriz-ed......... 8 of circuit judges...... 6 of circuit c,,urt commissioners. — -------------- 6 of judy,es of supremecourt 6 of prosecuting att,rney, maiy be authorized-. 10 APPOINTMENTs —provisional to fill vacancies.. 12 APPROPRIATIONS-tO university, upon conoition.-. - ------------ 13 ATTORNEY GE.NERAL-apj)ointmenit of, may be authorized..- 8 BANK. WITH BRANCHES-clause relating to, omitted-see note to - - --- 11 BOARD OF EDUCATION-members of. eligible to seats in legislature ------—. 4 BOARD OF REGENTS OF UNIVERSITY-to have direction and control of Uni versity funds ----------------------------- 18 BOARD OF SUPERVISORsI-allowance of claims by ------------- 10 power of to raise money for buildings, highways and bridges.-.. 10 representation of villages on - - --------- 10 BOUNDARIEs-Of State. —----------------- 1 BUsINESs-specific tax may be imposed on.. —----- - 14 CAPITAL OF STATE-.......... 1 CHANGING NAMES-Of persons by legislature, prohibited ---------------— 4 CIRCUIT COURT COMMISSIONERS-to be a)pointed............................- 6 CIRCUIT COURTr-three terms of per yearin counties having 10,000 inhabitants 6 CIRCUIT (COURTs-appellate j iirisdiction of.- --------------- 6 CIRCUIT JUDGES -to be appointed -------------------- 6 to appoint circuit court commissioners - - ------ 6 CITIES-limilation of indebtedness in.. —-------—... —--- 10 not to be divided in formation of representative districts, provision omitted -- 4 only to be incorporated under general laws. — ---------- 10 CLAIMS-agaixst State, limitation of... 14 alowance of by supervisors and auditors - ---- I —- 10 COMPENSATION-of members of the legislature. —------------ 4 to contestants of seats in legislature-see note to arlticle 4. to newspapers for publilshing laws-see note to article 4. COMMIssiON-for revising costitution.... —---------------------------------- 18 (!oMMSSIONERS or HIGHwAYs-term of.l. —............ 10 CONCURRENT RESOLUTIiON-appropriating money or property, to be sub mitted to governor.- ---------..... —---------- 4 CONTESTANTS-of seats in legislature compensation to-see note to article 4. CONVENTION-for revising constitution ------------------------------ 18 CO.PORATIONS-charters of, not to be amended -------------------------- 11 duration of.. —--------------—........ 11 foreign not to hold lands except. etc......... 11 foreign. subject to control of legislature.... —--------------- it liability of stockholders in, for labor -------------------- 11 muniil)al, not to give aid to private enterprises ---------- 10 specific and general taxes on property ofL. —-------------— 14 COUNTIEs-amount that )oardor supervisors may raise for buildings, high ways and bridges-. —-—............. o10 having 4,000 inhal)itants. to be entitled to representative ---—..4 power if, to contract debl)ts. to be restricted. —----------------- 10 COUNTY AUDITOR -allowance of claims by.. —-------------------------- 10 compensation of... —------------------------------ 10 COURT-snupreme, to consist of ive judges —.-. —... ——................... 6 3 3 2 10 10 2 0 INDEX TO CHANGES. COURTS-municipal, clause authorizing omitted-see note to.-. —---- of conciliation, clause authorizing omitted-see note to ----- COURTS AND TRIBUNALs-may be established by law ------------ CREDIT OF STATE-not to be pledged in aid of any person or corporation --- CROSS-EXAMINATION -of persons on trial, relative to statements ------ DECISIONS OF SUPREME COURT-clause relating to, omitted-see note to article 6. DIVORcE-legislation upon by special act, prohibited ------------ EDUCATIONAL BOARDS-duties of, to continue --------------- ELECTIONS-by townships, may be held in cities -------------- ELECTIVE FRANCRISE-see note to article T. ELIGIBILITY-of women, to certain offices..-. —------------- ESCHEAT-of lands, to lbe held as primary school lands ----------- ESTATE-of married women, provisions r elating to.......... EXEMPTION-of homestead. to value of $2,000 ---------------- EXTENDING time for collection of taxes by legislature, prohibited —------- EXTRA COMPENSATION-to members from upper peninsula not allowed --- EXTRA SESSIONs-limitation of twenty days removed ------------ FJ!RRIES AND TOLL BRIDGES-chartering or licensing of, prohibited —----- FLOWAGE-property may be taken for FOREIGN CORPORATIONS-provisions relating tow FORFEITURE-of school moneys, if school not maintained --------- HOMESTEAD-exemption of, to valuie of $2,0(00 --------------- HOUSE OF REPRESENTATIVES-to consist of not more than one hundred and ten members. —--------------------------- HUSBAND-not liable for certain debts of wife.... —------------ IMMEDIATE EFFEcT-public act, how may be given -, —---------- IMPEACHMENT-how ordered when necessary during recess of legislature- - - no officer to exercise office after directed ---------- to be tried within three months -------------- IMPROVEMENT-Of streams, property may be taken for ----------- INCORP()RATION-of cities and villages ------------------- INDEBTEDNESS-Of corporations, State not to assume,......._ limitation of, in cities and villages....... —------- ISLANDS-organization of in to counties ------------------ JOiNT RESOLUTIoN-tO be submitted to governor -------------- JU.DGES-eligibility of, to other office ------- of circuit courts, to be appointed... —-- -. —-------- of supreme court, to be appointed salaries of, to be fixed by law JUDGES OF PROBATE-vacancies. how filled ----------------- JURISDICTIIN-civil and criminal, may be conferred on probate courts --- JURY-trials by, in civil and criminal cases by less than twelve men ---- JUSTICES OF THE PEACE-clause relating to, in cities, omitted -------- LIBRARIEs-certain moneys to go to support of —------------------------ to be maintained in cities ------------------- LIMITATION-of claims against State - - -------------------- of indebtedness in cities and villages ------------- LIQUORS-taxation of traffic in-see separate submission clause. MUNICIPAL CORPORATIONS-not to give aid to private enterprises ----- MUNICIPAL COURTS-clause authorizing, omitted-see note to ------- NEW BILLS-may be introduced after fifty days on recommendation of (4ov ernor. —-------------------------------- NEwSPAPERs-compensation of, for publishing laws-see note to art. 4. NAVIGABLE STREAMS-property may be taken for improvement of ----- right of free use ofi, not to be abridged -------- OATH OF OFFIcE-clanse omitted, - - --------------------- OMITTED-clause providing for renewal of sheriff's bond -,, —------ clause relative to contested elections-see note to art. 4. clause relating to courts of conciliation-see note to ------ clause relating to decisions of supreme court-see note to art. 6. clause relatingf to single bank with branches-see note to - section prohibiting revision of laws-see note to article 17. clause providing pay for publishing laws-see note to art. 4. provision against division of cities in formation of representative districts -------------------------- PARDONS-provisions applicable to POSTAGE-clause relative to, omitted-see note to art. 4. PRIVATE PROPERTY-taking of for public use. —----------- PROBATE Courts-civil and criminal jurisdiction may be conferred upon... PROPERTY-private, taking of for public use. —--------------- PROSECUTING ATTONEys —appointment of, may be authorized PUBLIC OFFICERs-prohibited from using public moneys i —-------------- RAILWAY TRAINS-s-pIeed of, may be regulated. — -------------- REFORM ScHOOL-diuties of board of, to continue REGENTS OF UNIVERSITY-eligible to seats in legislature ---------- who to be, ex-officio -.... RT. SEc. 6 1. 6 1 6 1 14 9 2 14 4 13 7 14 13 15 15 4 4 4 4 17 13 15 4 15 4 12 12 12 17 10 14 10 10 4 6 6 6 9 6 6 2 6 18 18 14 10 10 6 4 17 17 17 10 6 it 22 4 2 10 9 4 2 22 15 15 22 4 9 7 2 3 4 19 8 4 4 4 14 9 14 4 14 13 6 14 7 16 10 10 8 14 1 1 13 4 6 1 7 1 1 4 5 3 it .14 22 5 3 10 4 2 1o 2 1 i) ITi 17 11 13 4 1% Ti INDEX TO CIIANGES. ART. SEC. 4 22 2 8 I 2 4 3 4 14 18 2 9 2 9 1 13 7 4 2 4 2 4 2 4 15 4 7 10 I 14 4 4 2Z 4 22 2 14 13 g 13 4 11 7 13 1 10 14 6 g 6 6 6 6 14 14 10 7 2 10 10 1 10 14 4 4 4 14 I 2 5 1 1 13 2 7 2 2 115 5 11 14 14 8 10 19 18 REMITTING-of fines, penalties and forfeitures, prohibited ---------- RELIGIOUS BELIEF-witness not to be questioned touching --------- RELIGIOUS WORSHIP-no person to be compelled to contribute to against his consent.-. —----------------------------- REPRESENTATIVE-in counties of 4,000 inhabitants -------------------—.RESOLUTIONS-joint and concurrent, to be submitted to governor ----- REVISION-of constitution, legislature may provide for by convention or commission I- _ ___....__e________________ of laws, section prohibiting omitted-see note to article 17. SALARIES-of judfes, to be fixed by law........ of State officers, to be fixed by law —------------------------- SCHEDULE-certain sections of, omitted-see note to schedule. SCHOOL MoNEYs-fi)rfeiture of, if school not maintained. —-—.... —.. SENATOR-adlditional, may be authorized in upper peninsula. —------ SENATORS-to be elected for four lears. —-—.... —-.. —-- to be elected alternately by even and odd numbered districts --- SENATORS AND REPRESFNTATIVES-compensation of.-. —---------- exempt from arrest on civil process-.. SHERIFF'S BOND-Clause relative to renewal of, omitted ---------- SINKING FUND-act authorizing loan, shall provide for —------------------ SPECIAL LEGISLATION-prohibited in certain cases ------------- SPECIAL PRIVILEGEs-prohibition of- ------------------- STATEMENT-persons on trial, subject to cross-examination on ------- STATE NORMAL SCHOOL-Board of Education to have supervision of --- STATE PUBLIC SCHOOL-duties of board of, to continue. — --------- STOCKHOLDERS-liability of. for labor ----------------------------—. —SUPERINTENDENT OF PUBLIC INSTRUCTION-member ex officio of edu cational boards. —--------------------------- SUPEBvISORS-compensation of ---------------------- SUPREME COURT-appellate jurisdiction of............ concurrence of three judges of, necessary to fidnal decision. -------------- decisions of, clause relating to, omitted-see note to article 6. to appoint clerks -------------------- to consist of five judges. —-------------------------- to establish rules of practice and code of procedure for courts of record —-------------------------------- TAXATION OF LIQUOR TRAFFIC-see separate submission clause TAX.ES-specific and general. on property of corporations ---------- specific. may be Imposed upon property or business -------- TOWNSHIP ELECTIONs-legislature may prescribe time of holding ------ may be held in cities ---------------- TRIALS-civil and criminal, may be, by less number than twelve jurors --- UNIVERSITY FUNDS-regents to have direction of.. —----------- UPPER PENINSULA- additional senator from. may be authorized ------ extra compensation to members from, not allowed-. VACANCIES-in educational boards, how filled... —---------------------- in judicial offices, how filled ------------------ VILLAGES-only to be incorporated under general laws..... —------ limitation of indebteduess in.. —--------------- may have representation on board of supervisors -------- WOMEN-eligibility of to certain offices -- ----------- - -—..YEAS AND NAYS-on giving public acts immediate effect ---------- to be taken separately on passage of bills —------------- vii 11 TIIE AMENDED CONSTITUTION OF MICIIIGAN. fTho',e provisions of the amended co.stitution that arc new. are printed in italics. Provisions of the present constitution that are omitted fi'om the revision, are. when practicable, prinled with the text of the revision, but enclosed in blackets. In other cases they are explaired or embodied in the notes. Mere changes of I)hraseology are not in all cases noted. All margi.nal refernces ae to the present constitution.] The People of the State of tiichligatn dlo ordain this Constitut.tiOLI: ARITICLE 1. BOUNDARIES AND SEAT OF GOVEtINMENT. SECTION 1. The State of Michigan is bounded as follows, Art. 1. to wit: Comumerncing at a point on tte eastern boundary line of the State of Indiana, where a direct line drawin fr'om the southern extrnemity of Lake MichigaLn to the most northerly cape of the Manumee Baty shall intersect the same, said point being the northwest corner of the State of Ohio,.s established by an act of Congress, en,titled'Ain act to establish the northern boundary line of the State ot' Ohlio, and to provide for the admission of the State of Michigan into thie Union ipon the conditions therein expressed," approved June fifteenth, one thousand eight hundred and thirty-six; thence with the said boundary line of the St,ate of Ohio till it intersects the boundary line between the United States and Canada, in Latke Erie; theinec with the said b(tundary line between the United States and Canadla through the Detroit river, Lake i,t. Cla.r, thle St. Claitr ritver, Lake Hluron, the St. Mary's river, and Lake Su,perior, to a point where the said line last touches Lake Superior; thence in a direct line through Lakke Superior to the mouth of the Montreal river; thence throu,gh the middle of the main channel of the said Montreal river to the head Paters thereot; as marked i tpon the suirvey viade by Cal)tain AMENDED CONSTITUTION. Crammn by authority of the United States;* thence in a direct line to the center of the channel between Middle and South islands, in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the Brule river to the main channel of the Menominee river; thence down the centre 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 L:tke Mlichigan; 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. Art 2. S EC. 2. The seat of governnment shall remain at Lansing. ARTICLE If. t BILL OF RIGIiTS. SEcTION 1. All political power is inh7erent in thIe people. Government is instituted for their equal benefit, security and protection. 7iley have the right to change or reform the samne wh7enever the public good requires. No specioal privilege or immunity shall be granted that may not be revoked. Art 4, seC. SEc. 2. Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shball be compelled to attend, or, aygainst his consent, to can tribute to the erection or support of t, any place of religious * The italicised words make no change in the boundary, being only intended to make the description more specific. See enabling act under which the State of Wisconsin was org,anized, U. S. Statutes at Large, Vol. 9, page 56. See also remarks of Mr. Longyear, Michigan Convention debates, 1867, page 80, and particularly page 82, in his reply to ~1r. Withey. The section fixing the seat of government stands as Article 11 of the present constitution, which reads as follows: "The seat of govern. ment shall be at Lansing, where it is now located." t There is no corresponding article in the present constitution, but provisions appropriately belonging in a Bill of Rights, found scattered through nearly all articles of ttle present organic law, have been placed together as Article II, entitled "Bill of Rights." Few changes havo been made, only such as seemed desirable to imnorove the language, or render more clear and certain the right guaranteed. t Constitution of 1850, in place of words italicised, says, " erect or sur, -2 AMENDED CONSTITUTION. worsh,ip, or to pay tithes, taxes, or other rates, for the support of;any minister of the gospel or teacher of religion. .SEc. 3. The civil and political rights, privileges and capac- Art. 4, sec. ities of no person shall be diminished or enlarged, nor shall 4l.Art. 6, soc. any persont be incompetent to be a witness, on account of his34 opinions or belief concerning matters of religion, nor shall any mwitnes be questionzed touching his religious belief. SEc.:4. Every person may freely speak, write and publish Art. 4, see. 4'2. his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecu- Art. 6, se. tions for libel, the truth may be given in evidence to the25 jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the accused shall be acquitted; and the jury shall have the right to determine the law and the fact. SEc. 5. No bi ll of attainder, expost facto law, or law impair- Art. 4. sea. ing the obligation of contracts, shall be passed. 43. SEc. 6. The privilege of the writ of hlabeas corpus shall not Art. 4, see. be suspended [by the legislature] unless, in case of rebellion4 or invasion, the public safety may require it. SEc. 7. The right of trial bv jury shall remain, but shall be Art. 6. sees. 27 and 28,, deemed to be waived in all civil cases, unless demanded by andart. 4, one of the parties in such manner as shall be prescribed by sec. 46. law. The legislature may authorize, in all civil and crimitial cases, a trial by jury of a less numnber than twelve men.* SEc. S. In every criminal prosecution the accused shall Art. 6,se,. have the riglht to a speedy and public trial by an impartial 2.' jiury, to be informed of the accusation, to be confronted with witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. SEc. 9. Any suitor in any court in this State shall have the Art. 6, see. iright to prosecute or defend his suit either in person or by24. attorney. SEC. 10. The person, houses, papers and possessions of Art. 6, sec. every person shall be secure from unreasonable search and 26. seizutre. No warrant to search any place, or to seize anyperson port." The object of the change is, that the constitution may not seem to invalidate specific engagements by persons to contribute to the -erection and support of places of worship. * The corresponding provision of the present constititution relates only to criminal trials in courts not of record. Section 46 of article IV, however, provides that,the legislature may authorize a trial by jury of a less number than twelve men." The present provisions are somewhat ambiguous; the new section is specific. 3 -AAMENDED CONSTITUTION. or thing, shall issue without describing suchl place, person or thing, nor without probable cause, supported by oath or affir mation. Art. 6;i sece. SEC. 11. No person, after acquittal upon the merits, shall be 29 tried for the same offense. All persons shall, before convic tion, be bailable by sufficient sureties, except for murder and treason, whet, the proof is evident or the presumption great. Art.'6. ec. SEc. 12. Treasoni against the State shall consist only in lev,yini war against it, or adhering to its enlemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in oplen court. Art. 6. Ec. SEc. 113. Excessive bail shall not be required; excessive fines shall not be imposed-,; cruel or unusual puntishments shall not be inflicted; nor shall witnesses be unreasonably detained. Art. 6, sec. Sc. 14. No person shall be deprived of life, liberty or 82. -property, without due process of law. No person shall be compelled, in any criminal ease, to be a witness against him self. Bttt iT.' any person shall elec to 7.Oalce at stcetement in his own belhalf, he shall tbe subject to cross-xc:ninat feoe rela,tiz,e to the,cmatter of sEch stateirmet. * Art. 6 sec. SEC. 15. No person shall be imprisoned for debt arising out 83. 3 of or f'ondt~d on contract, express or implied, except in case of fiaud, or breach of trust, or for moneys collected by public officers, or in any professional emiployment. No personi shall be iml)risoned for a ml;tar y fine in timie of peace. Art. iS, sec. SEC. 16. Every person has a right to bear arms for the defense of himself and of the State. Art. 18,scC. SE. 17. The military shall [in all cases antl at all times] be 8. iin strict sutbordination to the civil t)ower. Art. s1, sec. SrEc. 18. No soldier shlall, in time of peace, b)e quartered in any house without the consent of the owner or occupant, nor in time of war, except in a minner prescribed by law. ^Art. ls, co. SEc. 19. The people have the right peaceably to assemble, [together] to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances. Art. 18s, eC. SEc. 20. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. Art. 18S, sec. SEC. 21. Aliens who are, or may hereafter become, bona 13. * This is tl e present provision of law cn the stbject. It has been claimed, howtv~r, that the present constitution tsec. d2, art. 6), would protect a prscnrr on trial from cross-examination s to the matter of his statement. The clause above would do away with any ur.ncertainty. AMENDED CONSTITUTION. fide residents of this State, shall enjoy the same rights in; respect to the possession, enjoyment and inheritance of prop-, ertv, as native born citizens. SEc. 22. Private property shall not be taken for public use5Art. l8s, e. wm~ithoutlt jllu~S~t com pensation.14. without just compensation.* ARTICLE IIL DIVISIOIN OF THlE POWERS OF GOVER,NME\NT. 8ECTIOX 1. The powers of government are divided into Art. 3, se. three departments: Legislative, ExecLutive, ad Judicial. 1 SEc. 2. No )erson belonging to one departneint shall exer- Art.8,sec.2. cise [the] power[s] properly belonging to another, except in: the cases expressly provided in this constitution. ARPTICLE IV. LEGISLATIVE DEPART3~E-NT. SEcTIoN 1. The legislative power is vested in a Senate and The sections of th-is a.rtiHouse of Representatives. cle, to anrti SEC. 2.''he senate shall consist of thirty-two members.includin seeno,n 15, But, cafter thle year one tih, sto nd eigt li'hundied ac rl sei,enty-'rSeLcte re-5 five, tAe leyista!ure maqy itceea.se (e nu?mber to thirty-three, spetivelyto y aut7liorizinti7 tle election of/ two se,zaiors in tha(t portiob o'uibjc'treas -th~ cerrest(he Sktate ioeiv incihi ded wvithiJ thle limni,s of t(Ae tsi'rly-seco-zc p,nin,sec,ti,-ns or the senatoriayl distri ct(. Seatoi)rs shall be elected for four yeaqrs, pt,enseo,t othuand by single districts. Al (te first electioiz after the idoption stittitiun. of tAis imenided constitllion, senatoris in tle odd-nitmnbered dist(icls ssall be elected,or two years, aid in the even-)iumnbered di3(ric(s for fzour years. f SIuch districts shall be numbered from one to thirty-three inclusive, each of which shall choose one senator. No county shall be divided in the form)nationI of senate districts, unless such county shall be equitably entitled to two or more senators. SEc. 3. The house of representatives shall consist of Inot [less than sixty-four nor] more than one hundred anzdi tee members. * R',presentatives shall be chosen fo)r two years, and * The remaining provisions of this section of the constitution of 1850 are covered by sections 4 and 5 of article XVII of the revision' whichl see. t By this change every senator will hold his office four years, and sit in the senate two regular sessions, thus securing experience at all times in that body. U'ner the present constitution thle entire senate is chosen every second year. I The present constitution makes the house to "consist of not less (iin sixty-four, nor mnore than one hundred members." The number is now fixe(d by law at one hundred. 5 AMENDED CONSTITUTION. by single districts. Each representative district shall contain as nearly ais may be, an equal number of inhabitants, [excl- 4 sive of persons of Indian descent, who are not civilize(], or are members of anv tribe] * and shall consist of convenlient and contiguous territory; but evzery organized county aomtaininq a poputlation of not less than.four thousand, ant every two or more contiguous organized counties, containing a like poptul,ation, shall constitute a represe,tative district, and be entitled to one representative.t In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as may be provided by law, 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 representative districts, specifying the niumber of each district, and the population thereof according to the last enumeration. SEc. 4. The legislature shall provide by law for an enume. ration of the inhabitants in the year eighteen hundred and [fifty-four] eighty-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 legislature shall re-arrange the senate districts, and apportion anew the representatives among the counties and districts, according to the number of inhabitants. But no re-arrangement of senate districts shall vacate the seat of any senator. Eaclh apportionment, and the division into representative districts by any board of supervisors, shall remain unaltered until the return of another enumeration. SEc. 5. Every senator and representative shall be a citizen of the United States, antd a qualified elector of the district he represents. A removal from his district shall be deemed a vacation of his otlice. SEc. 6. No person holding any elective State office, except * The words in brackets are obsolete, as all residents of the State are included under the common term "inhabitants." f The words in italics stand in lieu of the following provisions of the corresponding section and article of the present constitution, which are omitted in the revision, to wit: "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." 6 AMENDED CONSTITUTION. that of regent Of the university or member of the board of educatio). and no person holding the office of probate judge, county clerk, register of deeds, county treasurer, sheriff, county superintendent of schools, prosecuting attorney, or any office to which he was appointed by the president of the United States, by and with the advice and consent of the senate, shall be allowed to take or hold a seat in either lhouse of the legislature. * SEc. 7. Senators and representatives shall not be subject to arrest upon any civil process diuring the session of the legislature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech ill either house. t SEC. 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day and compel the attendance of absent menmbers, in such manner and under such penalties as each house may prescribe. SEc. 9. Each house shall choose its own officers, except as otherwise provided in this constitution; determine the rules of its proceedings, and judge of the qualifications, elections, and returns or its members, and may, with the concurrence of two-thirds of all the members elected, expel a menmber. The reasons for such expulsion shall be entered upon the journal, with the names of the members voting on the question. No member shall be expelled a second time for the same cause, nor for any cause known to his constituents before his election. SEc. 10. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The yeas and nays of the members of either house on any question shall be taken at the request of one-fifth *There were doubts in the minds of some whether, under the corresponding section of the present constitution, regents of the university and members of the board of education could properly hold seats in the legislature. as there was some question whether the words, "or this State," printed in brackets in the section, were properly there. This doubt is removed by the proposed new section.'lhe corresponding section of the present constitution (sec. 6, art. 4) is given in full: "No person holding any office under the United States, [or this State,or any county office, except notaries public, officers of the militia, anc 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." + The corresponding section of the present constitution, by a manifest inadvertence, exempts members from arrest in all cases, except for treason, felony, or breach of the peace. It also exempts them from any civil process during, and tor fifteen days before and aft, r a session. Tihe new proposed section only exempts them from arrest on civil process, during the tim, named, leaving them subject to all other legal process. 7 &. AMIENDED OONSTITUTION. of the members ele.cted. Any member of either lhouse may dissent from andc protest against any act, proceeding or resolution which he may deein injuriotus to any person or the publie, and have the reason of his dissent entered on the journal. SEC. 11. In all elections by either house, or in joint convention, the votes -hall )e given Viv'a, v'oce. All votes on nominations to the senate shlall be taken by yeas and n',ys, and published with the journal of' its proceedings. SEC. 12. The doors of each house shall be open, unless the public welfare require secrecy. Neither lhouse shall, without the consent of the other, adjourn for more than three davs. nor to any other place thlan where tlhc legislatu're may then be in session. SEC. 13. Bills may originate in either house, but no bill or liew 6'ubject of Ie. isatioNtt shall be introduced after the ex )iration of the firs fifty days of the session, excelp Olt recoinmize,daliorz of g,,'e toverI-o by specia ali ies'saye. At extra sessions, legislation shall be conuined to the subjects expressly named iii the governor's proclamation, and subjects submitted by sl)ecial message. SEC. 14. li]very bill anid jo,zt.'co?,u(iO passed by the legislature, and every concurrent resolution a1)/proI)-iating money or irope-ty, t shall le presented to the governor, and itf ho approve, lhe shlall sign it; bult if not, he shall return it, with bh s objections, to the house in which it originated, which shall enlter the objections at large upon its jou-ral. and reconsider it. On such reconsideration, if two-thirds of the members elected agree to pass such bill or resolution, it shall be sent. with the objections' to the otlher house, by which it shall be rec-nsidered. Itf approved by two-thirds of the members elected to that house, it shall become [a law] oper[[tive. In such catse the vote of both houses shall be determined by yeas and nays, and the names of the m(,mf)ers voting for and against it shall be entered on the journals of each house respectively Art. 4, secs. 13 and 28. Art. 4, see. I5 * Thtis clause i3 added to guard agairst serious inconveniences that might arise under the otherwise inflexible fifty days' lilmitation. There have been cases in which mreasures of vital importance to the State have been overlooked until after the expiration of fifty dlays, and the oversight has only been remedied by a questionable resort to the foim of some other bill before the legislature, which was taken up and adapted to the purpose. t By the correspo-nding section of the present constituition, only bills and concurrent resolutions require the approval of the governror It would seem that joint resolutions, which frequently have all the force of bills, (lo not. Under the amended section, as will be seen, all bills and joint resolutions, and all1 concurrent resolutions appropriating money or property, must be presented to the governor. AMIENDED CONSTITUTION. If anly bill or resolution be not returned by the governor within tf,en days (Sunrday excepted), after it has been )resented to him, the same shall become [a law] opercative in like mnanner as if he had signed it, unless the legislature, by their adjournment, prevent its return, in whichi case it shall not become [a law] oferative. The governor may approve, sign, and file in the otlice of the secretary of state, within five days after the adjoulrniment of the legislature, any act passed during the last five days of the session, and the same shall become [s law] olQeictive. SEc. 15. The comnpensationi of members of the Legislature shall be [three] four dollars a day for actual,attendance, and when absent on account of sickness. [But the legislature may,illow extra compensation to members fromn the territory of the upper peninsula, not exceeding two dollars per day 4uring the session. When convened in extra session, their compensation shall be three dollars a day for the first twenty. days, and nothilg thereafter.] They shall be entitled to tel) cents, and no more, for every miile actually traveled going to and returning from the pl)ace of meeting, on the usually traveled route; and for stationery and newspapers not exceeding five dollars for each member dluring any session. Eatch mem- ber shall be entitled to one copy of the laws, journals and documents of the legislature of whichl he wvas a member; but shall not receive, at the expense of the State, books, newspapers, or other perquisites of office not expressly authorized by this constituitioni. SEC. 16. The president of the senate and speaker of the Art4,see. house of representatives shall be entitled to the same perl 7 diem compensat,ion and mileage as mlembers of the legislature, and no more. SEC. 17. No person elected a member of the legislature Art. 4, sec. shall receive any civil appointment within this State, or to the, senate of the Unaited States, front the governor, the governor and senate, fromn the legislature, or any other State authority, or be eligible to any oq77ifce whi'Chi s7Ia1l have been created,,or tle einoluimeits of (,liic shall htzcve bees increased by the legistature during the term for which he is elected. All stich appointments, and all votes given for any person so elected; for any such office or appointment, shall be void. No member -of the legislature shall be interested, directly or indirectly,-in - * This section fixes the compensation of members at four instead of t-hree dollars per day, omits the clause permitting extra compensation tQ members fromn the upper peninsula, and removes the limitation of twenty days for extra sessions., 2 *. -'-..'"...e 9 AMENDED CONSTITUTION. anv contract with tlhe State, or any [county] municipal cor poration thereof, authorized by any law passed during the-' time lor whiich he is elected, or for one year thereafter. Art. 4, se. SEC. 18. Every bill and joint resolution shall be read three 19. times in each house before the final passage thereof. No bill or joint resolution shall become a law without the concurrence of a majority of all the members elected to each house On the final passage of each bill and joinit resolution the vote shall be taken separately, by yeas and nays, and entered on the journal. Art. 4, Fe. SEc. 19. No law shall embrace more than one [subject] 20ad25. object, which shall be expressed in its title. No law shall be revised, altered or amended by reference to its title only; but the act revised, and the section or sections of the act altered or amended, shall be re-enacted and published at length. No public act shall take effect or be in foirce until the expiration of ninety days from the end of the session at which the same is passed, unless, in case of some emieryency to be stated i,n tho act, the legislature shall otherwise direct, by a two-thirds vote of the members elected to each house, to be taker by yeas and nays. * Art. 4, sc. SEc. 20. The legislature shall not grant or authorize extra 21. compensation to any public officer, agent or contractor, after the service has beenii rendered or the contract eitered into. Art. 4. sec. SEC. 21. Tile legislature shall provide by law that the fur22. nishling of fuel and stationery for the use of the State, the printing and binding the laws and journals, all blanks, paper, and printing for the executive department and State offices, and all other printing ordered by the legislature. shall be let by contract to the lowest competent and responsible bidder or bidders, who shall give adequate and satisfactory security for the pertormance thereof. The legislature shall prescribe by law the mantier in which the State printing shall be executed, and the accounts rendered therefor, and shall prohibit all charges for constructive labor. It shall not rescind or alter such contract, nior release the person or persons taking the same, or his or their sureties, from the performance of any of the conditions of the contract. No member of the legislature or officer of the State shall be interested, directly or indirectly, in any such contract, or any co;atract wivlh the State. SEc. 22. Thle legislature shall not pass local or special laws in any of the,Jotlowinq enumerated cases: * The changes in this section are intended to place additional rest ictions upon the practice of giving immeJiate effect to important general laws, which is now done upon simple motion by a rising vote. 10 AMENDED CONSTITUTION. First-Dii'orcing any named party, or upon the subject of At.. 1) divorce; 26. Seconzd-Chl,anging tl,e namnes of persons or places; Third-,legulatiizq the practice in courts of justice, or regulating the jurisdiction and duties of justices of the peace, or constables; Fourth-Providinq for changes of venue in civil or criminal cases; FiJth-Providing for the election or appoizitment of mizembers of boards of s?upervisors; Sixth-Summon ing and emapaneling grand or petit jurors; Seventh-Regqtlating the rate of interest on ioney; Eightlh-Authorizing the sale, lease or nmortgage of real Art. 4, i estate belonging to minors, or by executors or administrators, 23' or by any religious corporation or society; 2Ninth-Chiartering or licensinq Ierries or toll bridges; Tenth —Rem itting fiJies, pe nalties or forfeitures; Eleventh- (Creatinqg, increasing or decreasing jees, perceztages or allowances of public officers; Twvelfth —Changing the law of descent; Y7Thirteenth- -Grantinq to any corporation, association or individual, any special or exclusive privileqe, immunity or franchise whatever; Fourteenth-Decliarinq any named person of age; Fifteenth-Extending the time for the assessment or collectionl of taxes, or otherwise relieving any assessor or collector of taxes f.rom the due performance o/f his official duties; Sixteenth-Punishing crimes or misdemeanors; Seventeenth-Adopting, by any person, any named person as his child or heir; Eighteenth- Vacating or altering any road laidrl out by corn- Art. 4,. missioners of highways. or any strieet, alley or public ground 23 in any city or village, or in any recorded town plat; or for building or repairing bridgqes, or for draining swzamp or other low lands, except by expenditure of grants to the State. Nineteenth-Exemptin.q any property from taxation.'hv legislature shall provide by general laws for the cases enumzerated in this section, and tor all other cases wh7ich7, in iis judclgment, may be provided lor by general lawvs. * *The restrictions proposed by some of the subdivisions of this section are now embodied in the constitution. Others of them are already covered by general laws. They are a ll founcl in some,ne or other of the constitutions of the States. It is believe: that the adoption of these restrictions will reduce the length and expense of legislative sessions fully one-third, as well as be a safeguard against much hasty, corrupt and partial legislation. it :..:...: I. AMENDED CONSTITUTION. Art.4,see. SEC. 23. The legislature shall not establish a State paper. :85.' Art. 4, sec. SEc. 24. The legislature may authorize the employment of 24 a chaplain for the State prison; but no money shall be appro priated for the payment of any religious services in either house of the legislature. Art.4, Eec. SEc. 25. No collector, holder or disburser of public mon o eys, shall have a seat in the legislatulre or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid over, as provided by law, all sums for which he mray be liable. Art. 4, sec. SEc. 26. The legislature shall not audit or allow any pri 81 vate claimi or account. Art. 4, FcC. SEc. 27. The legislature shall meet at the seat of govern m eiit on the first e'ednesday in JanuLary, in the year eighteen hundred and [sixty-one] sevent.y-five, and on the first Wednes day in January in every second year thereafter, and at no other place or time unless as provided in this constitution, and shall adjourn without day at such time as the legislsature shall fix by concurrent resolultion. Art. 4. sec. SEc. 28. The legislature, on the day of final adjournment, 'd2. slhall adjourn at twelve o'clock at noon. Art. 4, sec. SEc. 29. The election of senators and repiresentatives pur suant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of Nlovember, in the year eighteen hundred and [rifty-two] seventl/-four, and onl the Tutesday succeeding the first Monday of November of every secoind year thereafter. Art. 4. sec. S,Et. 30. The legislature shall provide for the speedy pnubli86 cation of all statute laws of a public nature, and of such judicia-l decisiotns as it may deemn expedient. All laws and judicial decisions shall be free lor publication by any j)erson. Art. 4, sec. SEc. 31. The legislature lmay declare the cases in which any office shall be deemed vacant,t andu also the manner of fill ing the vacancy, where no provision is made for that purpose in this constitution. Art. 4, eC. Sizc. 32. The legislature may confer upon organized town. ships, incorporated cities and villages, and upon the board of supervisors of the several counties, stich powers of a local, leg islative and administrative character as it may deem propel. Art. 4, ec. SEc. 33. Thle legislature shall not authorize any lottery, or ~erm_t tQe sa,e ot 1ottery \\ckets. Art. 4, se. SEC. 34. No money shall be appropriated or drawn from the Ar.40 E. 34. —mo 40. treasury for the benefit of any relig,ious sect or society, theo logical or religious seminary, or school uoder private or denomin-ational cotrotel, nor shall property belonging to the StatLe be appropriated for any such purpose. 12 AMENDED CONSTITUTION. I'a SEC. 35. The assent of' two-thirds of the members elected Art.4,seo. 45. to each house of the legislature shall be requisite to every4 bill appropriating the public money or property for local or private purposes. SEC. 36. The legislature shall not pass any act authorizing Art, se. the grant of license for the szle of ardent spirits or other. intoxicating liquors. SEC. 37. The style of the laws shall be: "The People ofArt.4.3 C. the State of -Michigan enact." 4. NOTE.-Section 16 of the correspondinlh article of the present constitutionI relative to postage, is omitted as ohs()lete, as all postage is now required to be paid in advance. Section 29, permitting compensation only to the p rson who may be declared entitled to the seat in cIse of a contested election, is striclken out, as calculated to work unjustly in some cas.es where parties hold certificates of election, and in other cases where they are contestants with a reaso)nably good case. That par' of section 55 which allows fifteen dollars to newspapers publishing the general laws of a ses ion, is omitted as absurd in itself. from the smallness of the colnpensation offered. Under section 30 of this amnended article, which requires the legislature to provide for the speedy I)ui)lication of all statute laws of a public nature, the legislature m.'ay Provide adequate compen3 ition to newspapers for publishing su'11h laws as they may direct. Sections 39, 41, 42), 4-3, 41, andi 43, of the )present article, are embodied in the Bill of Righits, which stands as article 11 of the amended constitution. ARTICLE V.* EXECUTIVE DEPARTIMEITT. SECTION 1. The executive power is vested in a Governor, who shall hold his office for two years. A Lieuteiinantt Govertnor slhall be chosen ifor the same term. SEC. 2. No personl shall be eligible to the office of governor or lieutenant governor who has niot een five years a cititzeati of the United States, a resident of this State two years next preceding his election, [nor shall any person be eligilble to either office who has not] and attained the age of thirty years. SEC. 3. The governor and lieutenantt governor shall be elected at the times and places of choosing tte members of the legislature. The person having the highest numaiber of votes for governor or lieutenant governor shall be elected. Ia case two or more personls shall have an equal and the highest number of votes for governor or lieutenant governor, the legislature shall, by joint vote, choose one of such persons. * The changes proposed in this art:cle are few, and generally unimportant. The sections are the same in number, andcl relate respe tively to the same subject matter, with th.se of the correspondling article of the present constitution. AMENDED CONSTITUTION. Sec. 4. The governor shall be commander-in-chief of the military and naval forces, and may call out such forces to; execute the laws, to suppress insurrection, and to repel invasion. SEc. 5. Hle [shall transact all necessary business with officers of government, and] may require information in writing from officers of the executive department upon any subject relating to the duties of their respective offices. SEc. 6. Hie shall take care that the laws be faithfully executed. SEC. 7. He may convene the legislature on extraordinary occasions. SEc. 8. lie shall give to the legislature, and at the close of his official term to the [next] incoming legislature, informa tion by message of the condition of the State, and recom mend such measures to them as he shall deem expedient. SEc. 9. He may convene the legislature at some other place, when the seat of government becomes dangerous from disease or a [common] public enemy. SEc. 10. Ile shall issue writs of election. to fill such vacancies as occur in the senate or house of representatives. SEc. 11. He may grant reprieves, comnmutations and pardons, after con viction, for all offenses except treason and cases o f impeachnent, Uupon such conditions, and with such restrictions and limitations, as he may think proper; but the legisltature may provide by law as to the manner o'f searing applicatizons for pardo n. * Upon conviction for treason, he may sulspend the execution of the sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicat e to the legislature at each session, information of each case of reprieve, commutation or pardon granted, and the reasons therefor. SEc. 12. In case of the [impeachimentl death of the governor, his removal or suspension from office, [death] inability to perform the duties of the office, resignation, absence from the State, or other d(isability, the powers and duties of the office shall devolve upon the lieutenant governor ifor the residue of the term, or until the disability cease. But vwhen the governor shall be [out of] absent./)'on the State, [ini time of war] at the head of the military forces thereof; he shall continue to be commander-in-chief. * In place of italics, the present constitution say S-" subject to recgu.t lations provided by law, relative to the m-anner of applying for pardons. " 14 AMENDED CONST]TUTION. SEc. 13. During the vacancy in the office of governor, if the lieutenant governor die, resign, be [impeached] displaced, suspended, or be incapable of performing the duties of his office, or absent from the State, the president pro tempore of the sen ate shall act as governor until the vacancy be filled or the disability cease. SEc. 14. The lieutenant governor shall, by virtue of his office, be president of the senate, and wvhen there is an equal division, he shall give the casting vote. In committee of the whole he may debate all questions. SEc. 15. No member of congress, or any person holding office under the United States, or this State, shall execute the office of governor. SEc. 16. No person elected governor or lieutenant governor shall [be eligible to] receive any office ori appointment fromn the legislature, or either house- thereof, during the timte for which he was elected. [All votes for either of them, for any such office, shall be void.] SEC. 17. The lieutenant governor and president of the senate pro tempore, when perftorming the duties of g()vernor, shall receive the same comr)ensation as the governor. SEc. 18. All official acts of the governor, his approval of the laws excepted, shall be authenticated by t,hle Great Seal of the State, which shall be kept by the secretary of state. SEc. 19. All commissions issued to persons holding office under the provisions of this constitution shall be "In the name and by the authority of the people of the State of Michigan," sealed with the Great Seal of the State, signed by the governor, and countersigried by the secretary of state. ARTICLE VI. JUI)ICIAL DEPARTIMENT. SECTIoN 1.'lThle judicial power is vested in a supremeArt., 6,ecs. court, in circuit courts, probate courts. justices of the peace, and 23. and ini such Ither courts, tribunals and officers as are or shall be established or authorized by lawt. * SEC. 2. The sopremne court skallC be composed of five judges. At. 6, sec.. Ilereafter lthe judges of said court shall be no?iiinated, and by * The corresponding section of the present constitution says: "Municipal courts of civil and criminal jurisdiction mnay be established by the legislature in clties."' section 2, same articlae, says: "Athe leg,islature may establish courts of conciliation, witi such powers and duties as shall be prescribed by law." These are both omitted, the powers conferred by them being covered by the words in italics to which this note refers, as, also much more comprehensive powers. 15 AMENDED CONSTITUTION'. and with the advlice and consent of the senzate, appointed by the qover-nor; and their ter o office shctal be ten years. One judqc of said court shaUl be appoi)?ted as soon as practicable after the . first day of Jantacry, in the year of outr Lord one thousand eight hIundred and s,veintyj-five, and his tern of oice sitall date from Jainuary first, one tho?tsacnd eiyht hunc'dred and seventty bfour; and one judge of said co?trt shall thereafter be appointed as thie termns of tIe present acnd fature judges shall expire.* Art.,se.3. SEc. 3. The supremne court shall have a genvrl superin tendling control over all other coulrts and tribunals; and a(lso such appellate jurisdiction as shall be provided by law; andl to that end may issue writs of error, certiorari, mcandamnus, procedeil do, prohibition, anld all other appropriate writs and process. It shall also have original jurisdiction in cases of nandoAinus, Iabea co7rputts, proceedings in the natulre of quo wavcrranto, and procclings by scire fcias, to vacate letters patent. Its appele.tte jnrisdictioiz s(7c,lt rLot extend to any civitl ccse for tAhe recovery oQ' mi,on,ey or property ina w7icA tbe amount or valute of the thin int i controversy is less th,an one hiundr,e' dollars, exclvt/sive of costs, except itpo,I the allowance of an appeal,?writ oQ' eiror or certiorari by the jctdge wvho tried sic/i case, or by a juitcqe of t/he su,p)remte court. Ile con cu-rrence of three judges oJ! said coturt s halt b leces.sary to a fintal decision. t '-:Ths section does not follovi in any mrininer the langluae of the corresponding section of the present c:nstitution. That section provide-l for the esoabis/1mznzt of a s,preme court.'The reviced sec',ion treats of tlhe court as an established and existiaz fact. The essential chlanges are-providling for five instead of four jucges; providirig that they shall be appointed by the go)verror and senate instead of being electe-d; and fixing their term of office at ten instead of eight years. The necessity for havini the supreme court composed of an odd(l instead of an even number of judges, is seen in the fact that a number of cases involving important questions of law, have remained practically undecidedl, owing to an equal division of the court. The extension of the term to ten years is rencldered necessary to sec-are regularity of succes. sion. In proposing the change in the manner of choosing judges, the commission soLoght to represent what seemed to be the prevailing sentiment with the bar, the press, and the peol)le of the State, so far as an expression wag had The propositioni oni its final passage received the nnanimous approvil of the members of the commission voting upon it, the only difference of opinion being as to the mannaer of submissionwhether it shouldl be embo lied directly in thle amended constitution, or submitted separately. t This section covers the general ground of the corresponding section of the present constitution. Its principal new feature is tibat restrictinu the appellate jurisdiction of the court to cases iii which the amount in controversy is one hundred dollars or over, etc. The phraseology of ,he section is generally changed. The last cl.tuse, makin,, the concurrence of three judges neessary to a final decision, i in keeping with the provision increasing the number of judges. 16 AMENDED CONSTITUTION. SEc. 4. Four terms of the supreme court shall be held Art. 6,se. annually, at such times and places as may be designated by law. 4 SEC. 5. The supreme court shall have power, by generalArt. 6, ses. rules, to establish, and from time to time modify, the methods 5and 10. of procedure and the practice therein and to appoint its clerks, and a reporter of its decisions; and said court shall also have power to establish a code or codes of civil procedure, pleading and practice, including the commencement of suits and proceedinqs,.for all other courts of record, and fromn time to time to alter and amend such code or codes.* SEc. 6. The legislature shall divide the State into judicial Art. 6, secs. 6 and 7. circuits, and may increase or decrease the number of the same 6 and from time to time, for each of which the governor shall nominate, and, by and with the advice and consent of the senate, appoint one circuit judge, who shall hold his office for the term of six years, and until his successor is appointed and qualified. No alteration of any circuit shall have the effect to remove a judge from office. t SEC. 7. A circuit court shall be held at least twice in each Art. 6. "c. year in every county organized for judicial purposes, andl' [four] at least three times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold cotsts for each other, and shall do so when required by law. SEC. 8. The circuit courts shall have original jurisdiction in Art. 6. ec. all matters, civil and criminal, not excepted in this constitu- 8 tion and not prohibited by law, and such appellate jlurisdiction from all inferior courts and tribunals as shall be provided by law, and a supervisory control of the same. They shall also have power to issue writs of injunction, habeas corpus, mandamus, quo warranto, certiorari, and other writs nlecessary to carry into effect their orders, judgments and decrees, and give them general control over inferior courts and tribunals within their respective jurisdictions. The appellate jurisdiction of said courts shall not extend to any civil case it which the amount or value of the thing in controversy is less than twenty-five dollars, exclusive of costs, except uponi allowance of an appeal or wvrit of certiorari by the judge of the court entitled to exercise such appellate jurisdiction.: * The following provisions contained in section 5 are omitted: "The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited." t This section covers the general provisions of sections six and seven of the present article. The only material change is from the elective to the appointive system for judges. -' t The addition to this section is made to relieve the circuit courts from the large number of appeal cases where the amount involved is trivial. 3 17 AMENDED CONSTITUTION. Art. 6, sec. SEC. 9. The respective circuit courts held in each county. or the judge thereof, shall appoint two circuit court commis sioners, who shall be vested with such judicial and ministerial powers as shall be prescribed by law. * Art. 6, sec. SEC. 10. Whenever a judge shall remove beyond the limits 22 of the jurisdiction for which he was appointed or elected, or a justice of the peace from the township in which he was elected, or by a change in the boundaries of such township, shall be placed without the same, he shall be deemed to have vacated his office. Art. 6, see. SEC. 11. When a vacancy occurs in the office of judge of 14. the supreme or circuit court it shall be filled for tle residue of the termn by appointment of the governor, by and with the advice and consent of the senate; but if the senate is not in sesslon when such vacancy occurs, the gover,,or s8all fill the saune by appointIent until the senate shall assemble, and for thirty days thereafter, wfhen the vacancy shall be filled as here inbefore provided. WVlen, a vacancy occurs in the office of judge of probate or jtudge of any court of record, other than the supreme or circuit court, it shall be filled by appontmnent of the governor, wihick appointment shall continue during the residue of the unexpired termn, aund until u successor is duly qual fled. t Art. 6, sec. SEC. 12. The clerk of each county organized for judicial purposes shall be clerk of the circuit court of such county [and of the supreme court when held within the same]. soert. The judges of the circuit courts, within their respective jutris dictions, may fill vacancies in the offices of county clerk and prosecuting attorney. Art.6, see.. SEC. 13. During their continuance int ogce, and for o,w .year thereafter, the judges of the supremne and circuit courts shall be ineligible to any other than a judicial office. 11 Art. 6, sec. SEC. 14. In each county organized for judicial purposes there shall be a court of probate. It shall have such probate jurisdiction, powers and duties as shall be prescribed by law. * This is a new section, and is in keeping with other provisions changing the manner of choosing judicial officers. Section 14, article VI, of the present constitution, provides that the governor may fill. vacancies in supreme, circuit and probate judgeships until a successor is elected. t The present section (sec. 10, art. 6), has a further provision that no judge shall exercise any other power of appointment to public office. This is omitted as unnecessary, and as inconsistent with the power given to appoint circuit court commissioners. 1I The present provision makes judges ineligible for one year after the expiration of the term for which they are elected. The amended s, 18 AMENDED CONSTITUTION. Other jurisdiction), civil and criminal, may also be conferred on any one or more courts of probate. Judges of probate shall hold their offices for a term of four years, and shall be elected by the electors of their respective counties, as shall be provided by law.* SEC. 15. The supreme, circuit and probate courts shall be Art. 6, e. courts of record, and shall each have a common seal. 15 SEC. 16. There shall be not exceeding four justices of the Art. 6,. peace in each organized township. They shall be elected by T. the electors of the townships, and shall hold their offices for four years, and until their successors are elected and qualified. At the first election in any township they shall be classified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office bfor the residue of the unexpired term. t SEc. 17. In civil cases justices of the peace shall have exclu- Art. 6, we. sive jurisdiction to the amount of one hundred dollars, and 1s concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They shall also have such criminal jurisdiction, and perform such duties, as shall be prescribed by the legislature. SEC. 18. Judges of the supreme court, circuit judges, and Art 6, see,. justices of the peace, shall be conservators of the peace within 19. their respective jurisdictions. SEC. 19. The stvle of all process shall be: " In the name of Art. 6, me. the People of the State of Michigan." $6 NOTE.-Sections 24 to 34 inclusive, as they stand in article VI of the present constitution, are transferred to the Bill of Rights, which stands as article II of the amended constitution. The following clauses of section 10 of article VI of the present constitution are omitted from the revised article: "The decisions of the supreme court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom, shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office of the clerk of the supreme court." tion makes the ineligibility to extend only for one year after they cease to hold the office of judge. The clause of the present section declaring void all votes given for a judge for any other than a judicial office, i omitted as superfluous. * This section is somewhat changed in phraseology, but the clause in italics is the only new feature. This is added for the purpose of giving to the legislature the power to relieve the pressure upon other courts when deemed necessary, by conferring a larger jurisdiction upon probate courts. tThis section is unchanged, but the last clause, providing that the legislature may increase the number of justices in cities, is omitted, all the power conferred by it being covered by the last clause of the first section of this amended article. 19. AMENDED CONSTITUTION. ARTICLE VII. ELECTIVE FRANCHISE. At.7, ec.1. SECTION 1. In all elections, every person of the age of twenty-one years who shall have resided in this State three months, and in the township or ward in which he offers to vote ten days next preceding an election, belonging to either of the following classes, shall be an elector and entitled to vote: First-Every male citizen of the United States; Second-Every male inhabitant of this State, who shall have resided in the United States two years and six months, and declared his intention to become a citizen of the United States pursuant to the laws thereof, six months preceding an election; Third-Every male inhabitant residing in this State on the twenty-fourth day of June, one thousand eight hundred and thirty-five. * As. 7, see SEC. 2. In time of war, insurrection or rebellion, the right to vote at such place, and in such manner as shall be prescribed by law, shall be enjoyed by all persons otherwise entitled thereto, who may be in the actual military or naval service of the United States, or of this State, and their votes shall be made to apply to the township or ward of which they are resi dents. The legislature may provide by law for allowing town sh7ips to hold their elections in any city whiolly or in part within the limits of synch townships. t Art. 7, se. SEC. 3. All [votes shall be given] elections shall be by ballot, except of such township officers as may be authorized by law to be otherwise chosen. irt. 7,see. SEC. 4. Every elector, in all cases except treason, felony, 3 and 4. misdemeanor, or breach of the peace, shall be privileged from arrest during his attendance at election, and in going to and * The language of this section is changed so as to make it more readily understood, but it does not change the right of the elective franchise. The second subdivision stands in lieu of the following clause of section one of article VII of the present constitution: "Every male inhabitant residing in the State on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe." The omission of the qualifying clause relative to Indians, is because all persons of that class in the State are regarded as civilized and non-tribal. t The first part of this section is changed in phraseology, as it stands in section 1 of the present article, but not in substance. The last clause is added to remove any doubt as to the legality of the practice which now exists in such cases. AMENDED CONSTITUTION. returning from the same. No elector shall be obliged to attend court as a suitor or witness on the day of election, or to do military duty thereon except in time of war or public danger. SEC. 5. No elector shall be deemed to have gained or lost his Art.,,se. residence by reason of absence therefrom in the service of the 5 United States or of this State, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas, nor while a student at any seminary of learning, nor while kept at any alms-house or other asylum at public expense, [nor while confined in any public prison.] SEc. 6. Laws may be passed to preserve the, purity of elec- Art. 7, sec. tions, and guard against the abuses of the elective franchise. 6. SEC. 7. No soldier, seaman or marine in the army or navy Art. 7, see. of the United States, shall be deemed a resident of this State T' in consequence of being stationed in any place within the same. SEC. 8. Any inhabitant of this State who may hereafterArt. 7, se~. 8. be engaged iii a duel shall be disqualified from holding any office an(- from voting at any election. * ARTICLE VIII. STATE OFFICERS. SECTION 1. There shall be elected at each general biennial Art. 8, ee. election in November, a secretary of state, a state treasurer, s a commissioner of the state land office, a superintendent of public instruction, and an auditor general, [an attorney general] for the term of two years, each of whom shall keep his office at the seat of government, and shall perform such duties as may be prescribed by law. t SEc. 2. Their term of office shall commence on the first day Art. 8S. ec. of January following their election. 2. SEc. 3. A.n attorney general shiall be elected or appointed, as the legislature may by lawq provide. ~ SEc. 4. Whenever a vacancy shall occur in any of the State Art. 8. sec. offices, the governor shall fill the same by appointment, by by and with the advice and consent of the senate, if in session. SEC. 5. The secretary of state, state treasurer and com- Art. 8, sec. 4. *Change in phraseology. j' The order in which the officers are named in the corresponding section is changed. t Should the amended constitution be adopted, the office of attorney general will remain elective, as now, unless changed by the legislature. 21 AMENDED CONSTITUTION. missioner of the state land office, shall constitute a board of state auditors, to examine and adjust all claims against the State not otherwise provided for by law. They shall also constitute a board of state canvassers, to determine the result of all elections for governor, lieutenant governor and state officers, and of such other officers as shall by law be referred to them. Art. 8, soe. SEc. 6. In, case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the legislature, in joint conven tion, shall choose one of said persons to fill such office. When the determination of thie board of state canvassers is contested, the legislature in joint convention shall decide which person is elected. ARTICLE IX. SALARIES. * SECTION 1. The governor, lieutenant governor, secretary of state, state treasurer, commissioner of the state land office, superintendent of public instruction, auditor general, attorney general, commissioner of railroads, commissioner of insurance, and all other state officers, shall receive.for their services such salaries as shall be provided by ltw, wqhich sh7all )ot be increased or diminished during their offeical ternm. SEC. 2. The judges of the supreme court, the judges of the circuit courts, and the judges of all other courts of record, shall receive for their services such salaries as shall be provided by law, whiicht shall not be diminished duriny their official term. * The corresponding article of the present constitution fixes the salaries of state officers and circuit judges. The amended article leaves the salaries to be fixed by law, so that they may be modified from time to time, and adjusted to the financial condition of the country. The commission deemed this one of the most needed changes, if not the most important change proposed. It received the unanimous approval of the commission, and is recommended as "deemed necessary for the best interests of the State and the people," in the language of the joint resolution under which the commission was appointed. The frequent resignations of jucldges, consequent upon the insufficient salary now allowed, involves changes in judgeships, and consequent inexperience, resulting in great expense to parties and to the public at large. Any increase of salaries that might be made would lbe economy as compared with the present system. 2s AMENDED CONSTITUTION. ARTICLE X. M)UNICIPAL CORPORPATIONS. * SEOTION 1. NYo county, city, township or other munzicipal corporation, shall become a stockholder in, or mnake any loan or qift to, or lend its credit in aid of any person, private corporation or association; nor shall any county, city, to?.zs7hip or other municipality construct or become the owner of any railroad. The provisions of this section shall not prevent such mutnicipalities fromn aiding enlistments andc in the support of thefamilies of soldiers in time of war; or supporting their poor in such manner as enay be provided by laic. t Cou,nties. SEc. 2. Each organized county shall be a body corporate, Art. 10o, c. with such powers and immunities as shall be [established] pre- scribed by law. All suits and proceedings by or against a county shall be in the name thereof. The power of counties to levy taxes, borrow money and contract debts, shall be restricted by law. SEc. 3. Thle board of supervisors of any county may borrow Art. o10, se. or raise by tax a sutt not exceeding int any one year one and9one half mills upon the dollar of the assessed valuation thereof, for constructing or repairing public buildings, highways or bridges: Provided, Thle indebtedness of a county incurred under this section shall at no tinge exceed three mills upon a dollar of such assessed valuation, iunless authorized by a majority of the electors of the county voting thereo)n, as s1(1/ be provided by law. l *In the present constitution the subject of " Counties" is treated of in article X, and of "Townships " in article XI. in the revision the two are combined into a single article, under the title of " Municip)al Corporations," to which is also added "Cities and Villages," whiech have no special place in the present instrument. f The propriety of this provision was suggested by the experience of some of the western states, where the credit of municipalities has been pledged largely in aid of private corporations. t The present constitution contains a similar provisi',)n dielative to cities and villages. I Section 9 of the present article liamits the amount to one thousand dowlars that may be raised in any county ill ainy one year without a vote of the people, but does not limit thi aggregate to which the indebtedness may reach by successive yearly appropriations. The'mended section limits the amount that may be raised by the board of supervisors in any one year by a per cent upon the assessed valuation, as being more equal in its operation, and also limits the aggregate of indebtedness that may be incurred. 23 AMENDED CONSTITUTION. Art. 0IO, sec. SEC. 4. No organized county shall ever be reduced, by the organization of new counties, to less than sixteen townships 4 as surveyed by the United States, unless, in pursuance of law, a majority of electors residing in each county to be affected thereby shall so decide. The legislature may organize ainy city into a separate county when it has attained a popullat on of twenty thousand inhabitants, without reference to geo graphical 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. Nothing herein contained shall be so construed as to prevent the legislature from organ izing any count?y composed wholly of islands within the terri tory of the State, or discontinuing any such county and attaching the same to the nearest county or cortnies on the )main land. * Art. 10, see. SEC. 5. 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] f whose duties and powers s hall be prescribed by law; but the legisla ture mnay provide for the appointment, by the governor, o'f pros eceuting attorneys, by and with the advice and con sent of the senate. I The board of supervisors in any county may unite the offices of county clerk and register of deeds in one offioe, or disconnect the same. Art. 10, sec. SEC. 6. The sheriff, county clerk, county treasurer, judge of 4. probate and register of deeds, shall hold their offices at the county seat. Art. 10, sec. SEC. 7. The sheriff shall hold no other office. No person shall be eligible to the office of sheriff for more than four in a period of six years. The county shall never be responsible for his acts. 11 Art. 10, sec. SEC. S. A board of supervisors, consisting of one fromn each organized township, shall be established in each county, with * This section is unchanged, except by the addition of the last sen'tence, which is added to give the section flexibility in the class of cases to which it refers. m The clause in brackets is omitted, for the reason that provision is made for filling vacancies in county offices by appointment, in most, if not in all cases. f This simply gives the legislature power to provide for the appointment of prosecuting attorneys. H The following clause of the present section is omitted: " He may be required by law to renew his security from time to time, and in default of giving such security his office shall be deemed vacant." The legislature has all necessary power in the premises. 24 AMENDED CONSTITUTION. such powers as shall be prescribed by law. Cities cand villages Art. 10, see. shall have such representation in the board of supervisors of T the counties in which they are situated as the legislature may direct. SEc. 9. No county seat, once established, shall be removed, Art. 10, se. ntil the place to which it is proposed to be removed shall be - designated 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. SEc. 10. The board of county auditors in such counties as Art. 10, sec. may be authorized by law to elect county auditors, and in 0. every other county the board of supervisors, shall, except as otherwise provided by law, have power to prescribe the compensation for all services rendered for, and adjust all claims against their respective counties, and such determination and adjustment shall be subject to no appeal. Supervisors and county auditors skall receive for their services such compensation as shall be prescribed by law. * SEc. 11. The board of supervisors of each organized county Art. 10, see,. may provide for laying out highways, constructing bridges,n and organizing townships, under such restrictions and limitations as shall be prescribed by law. Townships.t SEC. 12. Each organized township shall be a body corporate, Art. 11, "c. with such powers and immunities as shall be prescribed by2 law. All suits and proceedings by or against a township shall be in the name thereof. SEC. 13. There shall be elected in each organized township, Art. 11,se. annually, on the first Monday of April, or at such other time as the legislatqtre miay provide, one supervisor, one township clerk, who shall be ex officio school inspector, one commissioner * There is some verbal change in the first part of this section, but the italicised clauses are the only new features. Supervisors and auditors have in some cases claimed the right to fix their own compensation. The section as amended would be conclusive against such claim. t The sections of this subdivision are transposed from the order in which they stand in article XI of the present constitution. The italicised clauses are new. The first gives the legislature power to fix some other time than the first Monday of April for the annual township election. The propriety of fixing it i March instead of April, by constitutional provision, was quite strongly urged before the commission, but it was thought best to leave the subject to the legislature. The second clause is intended to remove an ambiguity in the present constitution relative to highway commissioners, and to provide specifically for three commissioners in each township. 4 25" AMENDED CONSTITUTIION. of highways, whvo shial hold hils office foes three years, one. township treasurer, one school inspector, not exceeding four constables, and one overseer of highways of each highway district, and such other officers as may be provided by law, whose powers and duties shall be prescribed by law. C'ities and Villages. * Ar,L5, 1e5.,EC. 14. Cities and villgaes shall hereaflter be incorporated only ftnder general laws, in which their powers of taxation, borrowing money' and contracting debts, shall be restricted. SEc. 15. No city or village shall incur indebtedness, includd intg that incurred by or on behalf of any school district within its corporate limins, so that its aggregate debt at any tite shall exceed ten per cent on the valuation of its taxable property, as. shown by the assessment roll. Art.15, see. SEc. 16. The [judicial] executive and legislative officers of 4. cities and villages shall be elected, and all other officers shall be elected or appointed, at such time and in such manner as the legislature may direct. SEc. 17. Existing charters of cities and villages may be alUt-ered and aimended. ARTICLE XI.t CORPORATIO0NS OTHER THAN MUNICIPAL. Art1i, le. SECTION 1. Corporations (other than municipal, and those ai for charitable, educational, penal and reformatory purposes under the control of public authority), shall be hereafter cre ated only by general laws. Thte charter of nito existing corpora -* There has been a general law for the incorporation of villages for a number of years, but more or less special charters have been granted at every session of the legislature. At the last session, general laws were enacted both for cities and villages. But yet the present constitution (section one, article X'V), seems to contemplate special chartcrs for this class of corporations. Section 14, above, is specific in prohibiting special charters. This will relieve the legislature from much labor that would otherwise be demanded of it. Section 15, limiting the amount of indebtedness of cities and villages, was deemed necessary in view of the proneness of this class of corporations to pledge their credit, one or two of the municipalities showing an indebtedness of over 25 per cent on their present assessed valuation. The remaining sections call for no comment. t This article is the same, with some changes, as article XV of the present constitution, entitled, " corporations." It is made to stand as article XI of the amended constitution, and is entitled, "corporations other than municipal," so as to bring it into a just relationship with the preceding article which treats of " municipal corporations."' Article XIX-A, of railroads, adopted as an amendment in 1870, is also embodied in this article as sections 10 and 11. 26 AMENDED CONSTITUTION'. tion not embraced in thie abotve exceptions, shall be extended, altered or amended. All general acts of incorporation, and general laws affecting corporations, may be altered, amended or repealed.* SEc. 2. No general banking law shall have effect until the Art. 15, s. same shall, after its passage, be submitted to a vote of the' electors of the State, at a general election, and be approved by a majority of the votes cast thereon at such election. Sr,c. 3. The [officers and] stockholders of every corporation Art. 15, se. or association for banking purposes, issuing bank notes or' paper credits to circulate as money, shall be individuallv liable f6r all debts contracted during the time of their being [officers or] stockholders 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. The legislature shall provide for the registry of all Art. 15, sec. bills or notes issued or put in circulation as money by any 4 bank organized under the laws of this State, and shall require security to the full amount of notes and bills so registered, in interest-bearing stocks of this State, or of the United States, which shall be deposited with the state treasurer, for the redemption of such bills or notes in lazful money of the United States. SEc. 5. In case of the insolvency of any bank or banking Art. 15, se. association, the billholders thereof shall be entitled to prefer- 5. ence in payment over all other creditors of such bank or association. SEc. 6. She legislature shall pass no law authorizing or Art. 15, see. sanctioning the suspension of [specie] payments by any [per- 6 son, association or] corporation. SEc. 7. The stockholders in all corporations [and joint Art. 15,. stock associations] shall be individually liable for all labor [performed for] done ii behalf of such corporation [or association,] during thie time of their' being suchl stockholders, equally and ratably to the extent of their respective shares in the stock of such corporation. SEc. 8. No corporation shall hold any real estate [here- Art. i1,, I'll. * This section covers the general ground of the section to which it refers, but is changed in phraseology. The following clause of section one of article XV as it now stands, is, however, omitted: "But the legislature may, by a vote of two-thirds of the members elected to each house, create a single bank, with branches." This was adopted as an amendment in 1862. It authorizes the establishment, by special charter, and without submission to the people, of a single bank, with branches permeating the State. The force of the provision could hardly have been understood at the time of its adoption. 27 A2AIENDED CONSTITUTION. after acquired] for a longer period than ten years from the time of acquiring the same, except such real estate as shall be actually occupied by it in the exercise of its franchises. SEc. 9. Foreign corporations may be permitted to do busi ness in this State under such limitations and restrictions as may be prescribed by law, but shall be subject to the same restrictions and liabilities that are imposed, and shall have no greater rights than are conferredu pon, domestic corporations of like character, and the stockholders of such foreign corpora tions shall be subject to like personal liabilities as stockholders in similar domestic corporations. No foreign corporation shall acquire or hold any lands in this State, except such as may be taken in good faith in payment of debts, or such as may be needed ifor such offices, depots and warehouses as may be required for its legitimate business, and all lands hereafter acquired or held in violation of this provision shall escheat to the State. Provision shall be made for debarring all foreign corporations which shall violate any law of this State fromn thereafter being allowed to do business in the State. * Art. 19-A. SEC. 10. The legislature may, from time to time, pass laws 1 establishing reasonable maximum rates of charges for the transportation of passengers and freight, and regulating the speed of trains, on different railroads in this State, and shall prohibit running contracts between such railroad companies whereby discrimination is made in favor of either of such companies as against other companies owning connecting or intersecting lines of railroads. Art. 19-A, SEC. 11. No railroad corporation shall consolidate its stock, sec.. 2. property or franchises with any other railroad corporation owning a parallel 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. Art. 15, sec. SEC. 12. No corporation, except for municipal or mining purposes, for life insurance, or for the construction of railroads [plank roads] or canals, shall be created for a longer time than thirty years. Art. 15, see. SEC. 13. The term corporation, as used in this article, shall be construed to include all associations and joint stock com *This section is entirely new. It has two leading objects: First, to keep foreign corporations under the control of the legislature; and second, to guard against the absorption in large quantities, by foreign corporations, of land in the State, to the detriment of its interests, or of the interests of the people. See sec. 8 of this article, and sec. 12, art. XV of present constitution, as to restrictions upon all corporations in the matter of holding real estate. 28. AMENDED CONSTITUTION. panies having any of the powers or privileges of corporations not possessed by individuals or partnerships.* INOTE.-Sections 8 and 16 of present article XV, relative to amendments of charters of existing corporations, are omitted, as all such amendments are prohibited by section one of this amended article. Section nine, which provides that "the property of no person shall be taken by any corporation for public use, without compensation being first made or secured in such manner as may be prescribed by law," is omitted, the ground being covered by sec. 22 of article II and sec. 5 of article XVII of the revision. Sections 13 and 14 of article XV of the present constitution, relating to cities and villages, are embraced in sections 14 and 16 of amended article X and section 15, relating to the taking of private property for public improvements in cities and villages, is represented in section 5 of amended article XVII, and section 22 of amended article II. ARTICLE XII. IMPEACHMENTS AND REMOVALS FROM OFFICE. SECTION 1. The house of representatives shall have thle Art. 12, ec. sole power of impeaching civil officers for corrupt conduct in office, or for crimes and misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment. SEC. 2. Every impeachment shall be tried bv the senate. When the governor or lieutenant governor [is] s;all be tried, Art. 12, sec. the chief justice of the supreme court shall preside. When an 2. impeachment is directed, the members of 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 accused, wlether acquitted or convicted, shall be liable to trial and punishment according to law. SEc. 3. When an impeachment is directed, the house OfArt. 12, sec. representatives shall [elect] appoint from their own body, - [fthree members] a committee whose duty it shall be to prosecute such impeachment. An impeachment may be tried after the final adjournment of the legislature. SEC. 4. No [judicial] officer shall exercise his office after anll Art. 12, see. impeachment is directed, until he be acquitted, but such disa- 4. * The last clause of this section, which provides that "all corporations shall have the right to sue and be subject to be sued in all courts, a like cases as natural persons," is omitted as superfluous. f The last clause of the corresponding section says that " no impeachment shall be tried until after the final adjournment of the legislature, when the senate shall proceed to try the same." AMENDED CONSTITUTION. bility shall not continue longer than three months, unless thA trial of such impeachment shall have been commenced and prO ceeded with. * Art. 12, see. SEC. 5. For a reasonable cause, which shall not be a sufficient 6. ground for the impeachment of a judge, the governor shall remove him on a concurrent resolution of two-thirds of the members elected to each house of the legislature, after hie party accused shall have had an opportunity to be heard in his defense; but the cause for which such removal is required shall be stated at length in such resolution. Art. 12. eec. SEC. 6. County, township, city, village or school district T. officers, may be removed in such manner and for such cause a may be provided by law. Art. 2 Bo. SEc. 7. The governor shall have power, and it shall be his duty, except at such times 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 oi' appointed, to [remove] suspend from office for gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfea sance therein, either of the following State officers, to wit: The attorney general, state treasurer, commissioner of the state land office, secretary of state, auditor general, super intendent of public instruction, or members of the state board of education, or any other officer of the State, except legislative and judicial, and to appoint a successor for the remainder of [their respective] the unexpired term of office, and report the cause of such removal to the legislature at its next session. SEc. 8. Whenever, during a recess of the legislature, it shalt, in the opinion of the governor, become necessary to direct an impeachment of any civil officer, he may, by proclamation, con vente the house of representatives for that purpose; and if the house, when so convened, shall direct an impeachment, he shall in like manner immediately convene the senate to try such impeachment; and whenever, in the opinion of the president of the senate and speaker of the house of representatives, it shall, during a recess of the legislature, become necessary to direct an impzeachnent Of the governor, they may, by their joint proclamation, convene the house for that purpose; and if the * The corresponding section of the present constitution refers only to judicial officers. By the omission of the word "judicial," it is made applicable to all officers. The italicised portion of the section is added to guard against the contingency of a partisan majority in the legisla ture virtually removing an officer by directing an impeachment and neglecting to try it. 30 AMENDED CONST] TUTION. house direct s,tch im peachmient, the said president and speaker shall,, in like manner, immediately contven ie the senate to try such impeachment.* SEc. 9. The governor may make a provisional appointment Art. I, sec. to fill a vacancy occasioned by the suspension of an officer, by 5. impeaclhmient cr othierwise, until he shall be acquitted, or until the election or appointment and qualitication of a successor. ARTICLE XIII. EDUCATION. SECTION 1. Tlhe supe]rintendent of public instruction shall Art. 1l,. have the general supervision of public instruction, and his' duties shall be prescribed by law; and he shall be a member, ex-officio, of the boards of all Stat( edfutcational institutions, including the reformn school. SEC. 2. The regents of the university and their successors.rt.1l,tc,. in office shall continue to constitute a body corporate by the 6, T, ad S. name and title of " The Board of Regents of the University of MIichigani." Said board shall consist of the two ex-ofcio members provided for in this article, t and eight elective members. The terms of office of the elective members shall be eight years, and two of such members shall be elected every second year at the timne of the annual township election, so as to succeed the regents now in office as their several terms expire. Said board of regents shall, as often as necessary, elect a president of the universitv, who shall be its chief executive officer, and, ex-officio, a member and president of said board, with the privilege of speaking, but not of voting. The supervision and contr-ol of the university shall be vested in the board of regents, and said board sihall have the direction and control of all expenodilures fro)ni thie tuniveisityfutnds; but all moneys appropriated by the legislature to the university upon condition, shall, if accepted, be applied as provided in tihe condition accomipanyinq the appropriation. * This new section i3 regarded as important to meet contingencies that may arise. The president of the university and the superintendent of public instruction. t This section embraces the subject matter of sections 6, 7, and 8, of article XIII of the present constitution. The only material changes are, the recognition of the superintendent of public instruction as a member ex-oceio of the board of regents, and the clause relating to the government of the university. The corresponding provision of the present constitution on this subject, (sec. 8, article XIi), is as follows: at AMENDED CONSTITUTION. Art. 13,sec. SEC. 3. The state normal school shall continue under the 9. supervision of the state board of education, which shall con sist of the superintendent of public instruction, ex-officio, and three elective members. The terms of office of said elective members shall be six years, and one of said members shall be elected every second year, at the time of the election of gov ernor, and shall enter upon the duties of his office on the first day of January succeeding his election. Said board shall per form such other duties as shall be prescribed by law. * SEC. 4. The duties of the boards of the state public school, the agricultural college and the rebform school, shall continue as now, or as shall be prescribed by law. SEC. 5. Awny vacancy ithat shall occiur in any of the boards mnentioned in this article shall be filled by appoiintment of the Governior. t Art. 13, see. SEC. 6. The legislature shall provide a system of primary 4. schools, by which a school shall be maintained in each school district in the State, free of charge for tuition, at least three months in the year. The instruction shall, in all cases, be conducted in the English language. I Art. 13, sec. SEC. 7. A school shall be maintained in each school district at least three months in each year. Any school district neg lecting 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 general taxes for the support of schools.ll Art. 13, se. SEc. 8. The proceeds from the sale of all lands that have 2 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 "The board of regents shall have the general supervision of the university, and the direction and control of all expenditures from tihe university interest fund."' The change is intended to remove an ambiguity in the present constitution on the subject. * This section is generally changed in phraseology. The word "general," as a qualifying term before the word "supervision," in the last clause of the existing section, is omitted from the first clause of the amended section. This and the preceding section are new. The power of appointment conferred by section five exists at present as to regents only, by section six, article XIII, of the present constitution. t Changed in phraseology only. The insertion of the word "general," as italicised in this section, is an important change. It relieves from the penalty of forfeiture for default in the maintenance of schools, all funds raised-by defaulting districts for special purposes. By the section as it stands in the present constitution all such funds would be forfeited. 32 AMENDED CONSTITUTION. 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. SEc. 9. All lands which have heretofore eseheated, or which Art. 18, sec. shall hereafter escheat to the State, shall inure to the benefit. of the primary school fund, and be held and disposed of as primary school lands.* SEC. 10. The legislature shall provide for the establishment Art. 13, se. and maintenance of [at least one] a library in each township, 12. and of at least one in each city. And all moneys belonging to the public derived from fines, penalties, forfeiturties or recog,iizances, imposed or taken in the several counties, cities or townships for any breach of the penal laws of the State, shall be apportioned in the same manner as is the income of the primary school fund, and paid over to the several cities and townships of the county in which such money accrued, for the support of such libraries. t SEc. 11. Institutions for the benefit of those inhabitantsArt. 18,se. who are deaf, dumb, blind or insane, shall always be fostered0l~. and supported. NOTE.-Section 11 of the present article, relating to the encouragement of intellectual, scientific and agricultural improvement, to the establishment of an agricultural school, to the disposition of salt spring lands, etc., is omitted as obsolete. ARTICLE XIV. FINANCE AND TAXATION. SECTIOx 1. The Legislatulre [may] shall provide for the col- Art. 14, sec. lection of specific taxes from banking, railroad and plank-road 10. corporations, and lay, in its discretion, imepose specific taxes upon other corporatiois, and uponi any property or business within this state; butt when a specific tax. is imnposed Utpon a * This section is changed in phraseology. By the section which it stands in lieu of, only lands that escheat "from a defect of heirs," go to the school fund. By the section as amended, all lands escheating to the State take that direction. t The first clause of this section trovides for libraries in cities as well as townships, and the verbal changes are shown by italics and brackets. The balance of the section is changed in phraseology. Instead of "fines," simply, it covers "fines, penalties. forfeitures or recognizances." The present section covers only fines collected in "counties and townships," while the amended section embraces "counties, cities and townships." 5 33 AMENDED CONSTITUTION. corporation it shall only apply to such property of the corpora tion as shall be necessary for the exercise of its corporate fran chises.* Art. 14, see. SEC. 2. All specific State taxes received froit corporations, except mining companies of the upper peninsula, shall be applied in paying the interest upon the primary school, uni versity 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 amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the primary school interest fund. Art. 14, sec. SEC. 3. The legislature shall provide for an annual tax, suf ficient, 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. t Art. 14, sec. SEC. 4. Every law hereafter enacted by the leyislature, cre ating a debt or authorizing a loan, shall provide a sinking ftund jor the payment of the same. Art. 14, sec. SEC. 5. The unfunded debt shall not be funded or redeemed 2. at a value exceeding that established by law in the year one thousand eight hundred and forty-eight. Art. 14, sec. SEC. 6. The State may contract debts to meet deficits in rev enue. Sutch debts shall not in the aggregate at any time exceed fifty thousand dollars. The moneys so raised shall be applied to thie purposes for which they were obtained, or to the payment of the debts so contracted. Art. 14, sec. SEC. 7. The State may contract debts to repel invasion, sup4. press insurrection, defend the State, or aid the United States 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 pay such debts. Art. 14, sec. SEC. 8. No money shall be paid out of the State treasury, except in pursuance of appropriations made by law. T/lc legislature shall provide by law for barring all claimis against the State, unless presented withiMi a time to be thereint fixed. I t The substance of the first part of this section is found in sec. 10 of article XIV of the present constitution. The italicised portion is new. The last clause is important, as it secures for the purposes of local taxation all property of corporations not necessary for corporate use, as lands held by railroads, etc. tThis and the preceding section constitute section one of article XIV of the present constitution, and are unchanged except by the addition of the words in italics in section two. t This clause is added to bar the presentation of claims after a lapse of years, when the circumstances attending such claims have passed out 34 AMENDED CONSTITUTION. SEC. 9. The State shall not aid, by gift, or pledge of its Art. 14, secs. credit, any person or corporation, nor shall it subscribe to or 6 and S. become interested in the stock of any corporation, nor assume any indebtedness of a municipal or other corporation. The provisions of this section shall not atvply to educational, charitable, reformatory or penal institutions which are or may be under the care and control of the State. SEC. 10. No scrip, certificate or other evidence of StateArt.14,scc. indebtedness shall be issued, except for the redemption of' stock previously issued, or for such debts as are expressly authorized by this constitution. SEC. 11. The State shall not be a party to or be interested Art 14, sec. in any work of internal improvement, except the ship canal 9 at the Sault Ste. Marie, nor engage in carrying onl any such work, otherwise than in the expenditure of grants to the State of land or other property. SEC. 12. The legislature shall provide a uniform rule of Art. 14, se. taxation, except on property, business and corporations pay-" ing specific taxes. Taxes shall be levied on all property except sych as is or may be exem)pted by law. t SEC. 13. All assessments hereafter authorized shall be ol Art. 14, sec. property at its cash value. 12. SEC. 14. The legislature shall provide for anl equalization Art.14,sec. by a State board in the year one thousand eight hundred and 18. fifty-one, and every fifth year thereafter, of assessments on all taxable property except that paying specific taxes. SEC. 15. Every law which imposes, continues or revives a Art, 14, sec. tax, shall distinctly state the tax, and the object to which it 14 is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object. NOTE.-The first part of section two, article XIV of the present constitution, is omitted from the revised article. It is as follows: "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 principal of the State debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof." This clause was regarded as unnecessary, section four of this amended article making all the provision necessary on the subject. of recollection, and evidence that would disprove their validity has been lost. * This section is substantially new, although embodying the restrictive features of sections six and eight of present article XIV, but being more specific and comprehensive. f The corresponding clause says, "taxes shall be levied on such property as shall be prescribed by law." 35 AMENDED CONSTITUTION ARTICLE XV.* EXEIMPTIONS. Art. 16, see. SECTION 1. The personal property of every resident of this State, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars, from sale on execution or other final process of any court, issued for the collection of any debt contracted after the adoption of this constitution. Art. 106, sec. SEc. 2. Every homestead of not exceeding forty acres of 2. y land, and the dwelling-house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village, or instead thereof, at the option of the owner, any lot in any city or village or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of the State, not exceeding in value [fifteen hundred] two thousand dollars, shall be exempt from forced sale on execution or any other final process from a court, for any debt contracted after the adoption of this con stitution. Such exemption shall not extend to any mortgage thereon lawfully obtained, but [such] any mortgage not given for purchase money, and any [or] other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wvife to the same. Art. 16, secs. SEc. 3. If the owner of a homestead die, leaving,a widow, 4. child, or children, such homestead shall be exempt from the payment of his debts so long as the widow shall be without other homestead of her own, and during the minority of said child or children.t Art. 16, sec. SEC. 4. The real and personal estate of every woman, acquired before marriage, and all property, real and personal, to which she may afterwards become entitled, [by gift, grant, inheritance or devise] shall be and remain the estate and property of such woman, and shall not be liable for the debts, obligations or engagements of her husband, and may be held, controlled and disposed of by her in the same imannier and with like effect as if she were unmarried. And the husband of any married womian shall not be liable for or on account of * This article stands as article XVI of the present constitution, and is made article XV of the revision. The most important change is in section two, raising the amount of the homestead exemption to two thousand dollars. This section covers the ground of sections three and four of the present article. andl is changed in arrangement and phraseology only. 36 AMENDED CONSTITUTION. any debt or obligationi of his qvife contracted before her marriage, or contracted by her in relation to her sole property after marriagqe. * ARTICLE XVI.i MILITIA. SEcTION 1. The militia shall be composed of all able-bodied male citizens between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or of this State; but all such citizens of any religious denomination whatever, who from scruples of conscience may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law. SEc. 2. The legislature shall provide by law for organizing, equipping and disciplining the militia, in such manner as it shall deem expedient, not incompatible with the laws of the United States. SEc. 3. Officers of the militia shall be elected or appointed, and be commissioned in such manner as may be provided by law. ARTICLE XVII.. MIISCELLAIEOUS PRIOVISIONS. SEcTION 1. Members of the legislature, and all officers, Art. 1s, seo. executive and judicial, [except such officers as may be by law' exempted] shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of this State, and that I will faithfully discharge the duties of the office of -, according to the best of my ability."I *In this section the word "woman" is substituted for "female," as used in the corresponding section, and there are other verbal changes, all material ones being indicated in the usual way. The last sentence is new, and is a rational corollary of the preceding provisions, which have become the fixed law of the State, both by constitution and statute. + This article stands as article XVII of the present constitution. The text is unchanged. : Article XV[II of present constitution. The following sentence contained in the corresponding section of the present constitution is omitted from the amended section above: "And no other oath, declaration or test, shall be required as a qualification for any office or public trust." 37 AMENDED CONSTITUTION. Art. 18, sec. SEC. 2. Judicial and legislative proceedings shall be con 6 ducted, and the laws and public records promulgated and pre served, in the English language. SEc. 3. Public officers, receiving or having charge of public moneys, are prohibited fronm using or employing Ithe same in any manner for their private use or benefit, and whenever such moneys are deposited with any person or corporation, the interest thereon shall be paid to the futand to which such moneys belong. Art. 18, sec. SEC. 4. The legislature may authorize the taking of private 14. property for the opening of private roads, for Muse in the improvement of navigable streams, and for flowage when the public interests demand it.* Art. 18, secs. SEC. 5. Before any private property shall be taken without 2 andl4,1en ithe consent of the owner, for public use (except for public art. 15, sec. 15. highways not within any city or village), or for any purpose named in the last above section, the necessity for takinq such property, and the compensation to be paid therefor shall be determined by a jury of freeholders of the vicinity, or by not less than three commissioners, freeholders as aforesaid appointed by a court of record, as may be provided by law, and such compensation shall be paid or tendered in such mnan ner as shall be prescribed by law.t Art. 18, sec. SEC. 6. Tlie right of the public or of any individual to the 4' free use of any navigable stream for any purpose fobr which such stream is capable of use, without improvemnent, shall not be abridged or obstructed by or under color of any authority 7which nay be given by lawq to any indivadual or corporation to improve such stream and charge toll for the use thereof. Art. 18, sec. SEC. 7. No navigable stream in this State shall be either 4. bridged or dammed without authority from the board of super visors of the proper county, under the provisions of law. No such law shall prejudice the right of individuals to the free navigation of such streams, or preclude the State from the further improvement of the navigation of such streams. *It is claimed that the legislature has power already over the new matter of this section relative to streams and flowage. If so, it may operate nevertheless as a limitation on its power, as well as settle the power to the extent given. + See also section 22 of revised article II, and note to revised article XI. Property condemned for use by certain corporations is, by the construction of courts, regarded as taken for public use. The section to which this note refers is italicised as new matter for the purpose of directing attention to it, and a careful comparison of it with other sections to which reference is made, and especially with section 2 of article XVIII of the present constitution, will give a clearer understanding of it. The clause in parenthesis stands in lieu of the last clause of the last named section, which was adopted as an amendment in 1860. 38 AMENDED CONSTITUTION. SEc. 8. An accurate statement of the receipts and expendi-Art. 18, sec. tures of the public moneys shall be attached to and published 5' with the laws, at every regular session of the legislature. SEC. 9. No mechanical trade shall hereafter be taught to Art 18, sec. convicts in the state prison of this State, except the manufac-' ture of those articles of which the chief supply for home consumption is imported from other states or countries. SEc. 10. Any woman above the age of twenty-one years, wlho shlall be aresident of this State, and of the proper township, city or vward, and who is a citizen of t[le United States, shall be eligible to tlie ogice of register of deeds, notary public, offices connected with schools and libraries, and to such other offices as nay be designated by law. * SEc. 11. No lease or grant hereafter of agricultural land for Art. 18, sec. a longer period than twelve years, reserving any rent or service 12. of any kind, shall be valid. NOTE.-Section 15 of article XVIII of the present constitution, prohibiting a general revision of the laws, is omitted from the revised article, in the belief that legislatures ought to be free to determine whether a revision or compilation of the laws is the more desirable. Sections 7, 8, 9, 10, 11, 13, and the first clause of section 14, are transferred to the Bill of Rights, as being their more appropriate place. ARTICLE XVIII. AMEND1fENT AND REVISION OF THE CONSTITUTION. SECTION 1. Any amendment or amendments to this consti- Art. 20, sec. tution may be proposed in the senate or house of representa-' tives. If the same be agreed to by two-thirds of the members elected to each house% such amendment or amendments shall be entered on their journals respectively, with the yeas and nays taken thereon, and the same shall be submitted to the electors at [the next general election thereafter] such time as thle legislature slall prescribe. And if a majority of the electors, qualified to vote for members of the legislature, voting [thereon] on the amendment or amendments proposea, shall ratify and approve such amendment or amendments, the same Art. 20, sec. shall become a part of the constitution, and take effect at the 2. commencement of the year following its adoption. SEc. 2. At any time after thle first day of January, one tilou- Art. 20, sec. sand eight hundred and eightlq-fve, the leuislature may provide 2. for a convention. to be chiosen by the qualified electors of the * This is a new section, and was believed by a majority of the commission to be in accordance with the advanced public sentiment regarding the competency of women for public positions. 39 AMENDED CONSTITUTION. State, or for a( commission to be appointed by the governor by. and with the advice and consent of the senate, to revise or amnend'this constitution. Such revised or amended constitution shall be submitted to the electors qualified to vote for members of the legislature, at such time and il such nianner as said convention or commissio1i may provide. If a majority of the electors voti(ng on such revised or a)nended constitution shall decide iii favor thereof, the same shall take effect at the commencement of the year following its ad option. * SCHEDULE. t That no inconvenience may arise from the changes in the constitution of this State, and in order to carry the same into operation, it is hereby declared: SECTION 1. The common law, and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the legislature. SEc. 2. All writs, actions, causes of action, prosecutions and rights of individuals and of bodies corporate, and of the State, and all charters of incorporation, shall continue; and all indictments and informations which shall have been found or filed, or which may hereafter be found or filed, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and juLrisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution. * The corresponding section of the present constitution (sec. 2, art. XX, is as follows: "At the general election to be held in the year one thousand eight hundred and sixty.six, and in each sixteenth year thereafter, and also at such other times as the legislature may by law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified voting at such election, shall decide in favor of a convention for such purpose, the legislature, at the next session, shall provide by law for the election of such delegates to such convention. All the amendments shall take effect at the commencement of the year after their adoption." Sections one, two,*hree, four, six, thirteen and fifteen, of the schedule of the present constitution, are reproduced with some verbal changes, as the seven sections of the schedule to the amended constitution. The remaining sections are omitted as inapplicable. The time and manner of submitting the amended constitution to the people are left to be fixed by the legislature. 40 AM ENDED CONSTITUTION. SEC. 3. All fines, penalties, forfeitures and escheats accruing to the State under the present constitution and laws, shall accrue to the use of the State under this constitution. SEc. 4. All recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of [the State of Michigan] this State, or to any [State] county or township, or to any public officer or public body, or which may be entered into or executed under existing laws, to the people of [the State of Michigan] this State or to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid, and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions shall be prosecuted, tried and punished as though no change had taken place, until otherwise provided by law. SEc. 5. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution. SEc. 6. It shall be the duty of the legislature, at its first session after the adoption of this constitution,, to adapt the present laws to the provisions of this constitution [so far as may be]. SEc. 7. Any territory attached, or t/at may be'attached to any county ifor judicial purposes, if not otherwise represented, shall be considered as forming a part of such county, so far as regards elections for the purpose of representation. TAXATION OF THE LIQUOR TRAFFIC.* At the election when this amended constitution shall be submitted to the electors of this State for adoption or rejection, there shall be submitted to such electors the following proposition, to be added, in case of its adoption, to section 47 of article IV in the present constitution of this State, as it now stands, and to section 36 of article IV in said amended constitution, if the latter is adopted, viz.: * It was felt by the comnmission that there was a general demand for some proposition relative to the traffic in ardent spirits, upon which a popular expression might be had. While there was much difference of opinion with the commission as to the form in which such proposition should be submitted, the one here proposed was agreed upon as most likely to receive the careful and earnest attention ot the people of the State interested in the subject. 6 41 AMENDED CONSTITUTION. An annual tax of two iendred dollars is imposed upon the traffic in intoxicating liquors, to be paid by every person or firm who shall carry on or be engaged in the busi,ness of selling or disposing of such liquors otherwise than for medicinal, chemical and mechanical purposes, for each place where such business is carried on by such person or firm. Said tax shall be paid into the treasury of the proper township city or village, and be applied by the proper authorities to the support of the poor therein, so far as nmay be necessary, and the residue appropriated as the legislature shall provide. The sale or other disposition of such liquors to minors, persons under guardianship, insane aind idiotic persons, patupers and common drunkards, is wholly prohibited. Fvery person who shall carry on or engage in the business or traffic taxed as aforesaid in this section, without having first paid the tax imposed, or otherwise violate any provision of this section, shall be guilty of a misdemeanor, and, on conviction, be punished by fine or imprisonment, or both, as nmay be prescribed by law, and every sale until the tax is paid shall subject the party to such penalty; and all necessary laws shall be passed to enforce the provisions of this section. The legislature may further regulate and restrict the sale and other disposition of intoxicating liquors; and miay increase the annual tax itpon said traffic in any locality. Said proposition shall be separately submitted to the electors of this State for their adoption or rejection, in form following, to wit: A separate ballot may be given by every person having the right to vote, to be deposited in a separate box. Upon the ballots given for said proposition, shall be written, printed, or partly written or partly printed, the words, "Restriction and taxation of the liquor traffic-Yes;" and upon the ballots given against the adoption thereof, in like manner, the words, -Restriction and taxation of the liquor traffic-N-o." If at said election a majority of the votes given upon said proposition shall contain the words "Restriction and taxation of the liquor traffic-Yes," then said proposition shall be added to section 47 in article IV of the present constitution, and to section 36 in article IV of said amended constitution, if the latter is adopted. 42 THE PRESENT CONSTITUTION OF MICIHIGAN. [ Those portions of the present constitution in which changes are recommended are repeated entire, with marginal references to the amended constitution. Those portions that are unchanged are omitted, but references are added, showing the position in which they are placed in the amended constitution.] The People of the State of Michigan do ordain this Constitution. ARTICLE I. BOUNDARIES, [This article is unchanged with the exception of the italics, as shown in the corresponding article of the amended constitution.] ARTICLE II. SEAT OF GOVERNMENT. SECTION 1. The seat of government shall be in Lansing where it isArt. 1, sec., now established. 2. ARTICLE III. DIVISION OF THE POWERS OF GOVERNMENT. [There is but a slight verbal change in this article, for which reference is had to article III of the amended constitution.] ARTICLE IV. LEGISLATIVE DEPARTMENT. SECTION 1. The legislative power is vested in a senate and house of Art. 4 sec. representatives. 1. SEc. 2. The senate shall consist of thirty-two members. Senators Art. 4, se. shall be elected for two years, and by single districts. Such districtsArt 4 se. shallbe numbered from one to thirty-two inclusive; each of which shall choose one senator. No county shall be divided ill the formation of senate districts, except such county shall be equitably entitled to two or more senators. SEC. 3. The house of representatives shall consist of not less than Art. 4, sec. sixty-four, nor more than one hundred members. Representatives shall A3.rt I PRESENT CONSTITUTION. be chosen for two years, and by single districts. Each representative district shall contain, as nearly as may be, an equal number of inhab itants, 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 represent atives 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 office of the secretary of state and clerk of such county, a description of such representative districts, specifying the number of each district, and the population thereof, according to the last preceding enumeration. Art. 4, sec. SEc. 4. The legislature shall provide by law for an enumeration of the 4. 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 legislature shall re-arrange 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.t Each apportionment, and the division into representative districts by any board of supervisors, shall remain unaltered until the return of another enumeration. Art. 4, sec. SEC. 5. Senators and representatives shall be citizens of the United 5. States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office. Art. 4, sec. SEC. 6. No person holding any office under the United States [or this 5. State,] or any county office, except notaries public, officers of the militia, 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. Art. 4, sec. SEC. 7. Senators and representatives shall in all cases, except treason, . felony, or breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the legislature, or for fifteen days next before the commencement and after the termina tion of each session; they shall not be questioned in any other place for any speech in either house. SEc. 8. [Unchanged. See corresponding section of amended article.] Art. 4, sec. SEC. 9. Each house shall choose its own officers, determine the rules 9. of its proceedings, and judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. No member shall be expelled a second time for the same cause; nor for any cause known to his con stituents 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. * The words il brackets are omitted from the amended section. See note, foot of page 6. t The corresponding section of amended article IV has a new provision, that "11no re-arrangement of senate districts shall vacate the seat of any senator," which should have been designated by italics. 44 PRESENT CONSTITUTION. SEc. 10.' [Thc only change in this section is the substitution of the word "taken" for the words "entered on the journal at," in the second clause. See corresponding section of amended article IV.] S,Ec. 11. [Unchanged-see corresponding section of amended article.] SEc. 12. [Unchanged-see corresponding section.] SEC. 13. Bills may originate in either house of the legislature. Art. 4,C. SEC. 14. Every bill and concurrent resolution, except of adjournment, Art. 4, see. passed by the legislature, shall be presented to the governor before it 14. 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 reconsidered. 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 members voting for and against the bill shall be entered on the journals 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 manner as if he had signed it, unless the legislature, by their adjournment, prevent its return; in which case it shall not become a law. The governor may approve, sign and file in the office of the secretary of state, within five days after the adjournment of the legislature, any act passed during the last five days of the session; and the same shall become a law. SEc. 15. The compensation of members of the legislature shall be Art. 4, see. three dollars a day for actual attendance, and when absent on account 15. of sickness. [But the legislature may allow extra compensation to members from the territory of the upper peninsula, not exceeding two dollars per day during the session. When convened in extra session, their compensation shall be three dollars a day for the first twenty days, and nothing thereafter;] * and they shall legislate on no other subject than those expressly stated in the governor's proclamation, or submitted to them by special message. They shall be entitled to ten cents, and no more, for every mile actually traveled going to and returning from the place of meeting, on the usually traveled route; and for stationery and newspapers not exceeding five dollars for each member during any session. Each member shall be entitled to one copy of the laws, jour nals and documents of the legislature of which he was a member; but shall not receive, at the expense of the State, books, newspapers, or other perquisites of office not expressly authorized by this constitution. SEC. 16. The legislature may provide by law for the payment of post- See note to age on all mailable matter received by its members and officers during art. 4, p. 1i. the sessions of the legislature, but not on any sent or mailed by them SEc. 17. [Unchanged-stands as section 16 of amended article.] [Section 18 stands as section 17 of the amended article, and is unchanged except as shown by italics and brackets.] SEc. 19. Every bill and joint resolution shall be read three times in Art. 4. see each house before the final passage thereof. No bill or joint resolution is. shall become a law without the concurrence of the majority of all the members elected to each house. On the final passage of all bills the vote shall be by ayes and nays, and entered on the journal. SEc. 20. No law shall embrace more than one object, which shall be Art. 4, sec. expressed in its title. No public act shall take effect or be in force until 19. the expiration of ninety days from the end of the session at which the *The clause in brackets is omitted from the amended article. The succeeding clause is embodied in section 13 of amended article IV. 46 PRESENT CONSTITUTION. same is passed, unless the legislature shall otherwise direct, by a two thirds vote of the members elected to each house. SEC. 21. [Unchanged-same as sec. 20 of amended article.] [Section 22 stands as section 21 of the amended article, and is unchanged except by the addition of the words in italics.] Art. 4, sec. SEC. 23. The legislature shall not authorize, by private or special law, 22. the sale or conveyance of any real estate belonging to any person; nor vacate nor alter any road laid out by commissioners of highways, or any street in any city or village, or in any recorded town plat. SEc. 24. [Unchanged-same as corresponding section of amended article.] Art. 4, sec. SEC. 25. No law shall be revised, altered or amended, by reference to 19. its title only; but the act revised, and the section or sections of the act altered or amended, shall be re-enacted and published at length. Art. 4, sec. SEC. 26. Divorces shall not be granted by the legislature. 22.' SEc. 27. [Unchanged-same as sec. 33 of amended article.] Art. 4, sec. SEc. 28. No new bill shall be introduced into either house of the legis13. lature after the first fifty days of the session shall have expired. Note to art. SEC. 29. In case of a contested election, the person only shall receive 4, p. 13. from the state per diem compensation and mileage, who is declared to be entitled to a seat by the house in which the contest takes place. [Sections 30, 31 and 32 are unchanged, and stand as sections 25, 26 and 28 of amended article IV.] [Sections 33 and 34 stand as sections 27 and 29 of amended article IV, and are unchanged except in naming the years, as shown by those sections.] Art. 4, see. SEC. 35. The legislature shall not establish a state paper. [Every 23, and note, newspaper in the state which shall publish all the general laws of any pI)-1. session within forty days of their passage, shall be entitled to receive a sum not exceeding fifteen dollars therefor.]* [Sections 36, 37 and 38 are unchanged, and stand as sections 30, 31 and 32 of amended article IV.] Art 2, sec. 2. SEC. 39. The legislature shall pass no law to prevent any person from worshiping Almighty God according to the dictates of his own con science; or to compel any person to attend, erect or support any place of religious worship, or to pay tithes, taxes or other rates for the sup port of any minister of the gospel or teacher of religion. Art. 4, sec. SEC. 40. NO money shall be appropriated or drawn from the treasury 34. for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purposes. Art. 2, sec. 3. SEC. 41. The legislature shall not diminish or enlarge the civil or political rights, privileges and capacities of any person on account of his opinions or belief concerning matters of religion. Art. 2. sec. 4. SEC. 42. No law shall be passed to restrain or abridge the liberty of speech or of the press; but every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right. Art. 2, sec. 5. SEC. 43. The legislature shall bass no bill of attainder, ex post facto law, or law impairing the obligation of contracts. Art. 2, sec. 6. SEC. 44. The privilege of the writ of habeas corpus remains, and shall not be suspended by the legislature except in case of rebellion or inva sion the public safety require it. SEC. 45. [Unchanged-stands as sec. 35 of amended article IV.] Art. 2, sec. T. SEC. 46. The legislature may authorize a trial by jury of a less num ber than twelve men. * See note to amended article IV, page 18. 46 PRESENT CONSTITUTION. SEC. 47. The legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits or other intoxicating liquors. SEC. 48. The style of the laws shall be: "The people of the State of Michigan enact." * ARTICLE V. EXECUTIVE DEPARTMENT. [The changes proposed to this article are so immaterial, and are so fully set forth by italics and brackets in amended article V, (see page 13) that the repetition of any portion of the article here is deemed unnecessary. ] ARTICLE VI. JUDICIAL DEPARTMENT. SECTION 1. The judicial power is vested in one supreme court, in Art. 6, sec. 1. circuit courts, in probate courts, and in justices of the peace. [Municipal courts of civil and criminal jurisdiction muay be established by the legislature in cities. ] SEC. 2. For the term of six years, and thereafter, until the legislature Art. 6, sec. 2. otherwise provide, the judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years, the legislature may provide by law for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or discontinued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. Their term of office shall be eight years. SEC. 3. The supreme court shall have a general superintending control Art. 6, sec, 3. over all inferior courts, and shall have power to issue writs of error, habeas corpus, mnandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only. SEC. 4. [Unchanged-same as corresponding section of amended article VI.] SEC. 5. The supreme court shall, by general rules, establish, modify Art, 6, sec. 5. and amend the practice in such court and in the circuit courts, and simplify the same. [The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.] t SEC. 6. The state shall be divided into eight judicial circuits; in each Art. 6, sec. 6 of which the electors thereof shall elect one circuit judge, who shall hold his offi-ce for the term of six years and until his successor is elected and qualified. SEC. 7. The legislature may alter the limits of circuits, or increase the Art. 6, sec. 6. number of the same. No alteration or increase shall have the effect to remove the judge from office. In every additional circuit established, * The two last sections are unchanged, and stand as sections 36 and o7 of amended article IV. For proposed addition to the section relating to the -ale of liquors, see separate submission clause, page 41. t Omitted from the amended article. $ Omitted from the amended article. 147 PRESENT CONSTITUTION. the judge shall be elected by the electors of such circuit, and his term of office shall continue as provided in this constitution for judges of the circuit court. Art. 6, see S. SEC. 8. The circuit courts shall have original jurisdiction in all mat ters, civil and criminal, not excepted in this constitution, and not pro hibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of hcabeas co?,pus, mandam~us, injunction, quo wal — r-anto, certiorari, and other writs necessary to carry into effect their orders, judgments, and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions. Art. 6, sec. SEC. 9. Each of the judges of the circuit courts shall receive a salary, payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such judge, for any office other than judicial, given either by the legislature or the people, shall be void. Art. 6, see. 5. SEC. 10. The supreme court may appoint a reporter of its decisions. [The decisions of the supreme court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office of the clerk of the supreme Art. 6, nee. court.] * The judges of the circuit court, within their respective juris12. dictions, may fill vacancies in the office of county clerk and of pros ecuting attorney; [but no judge of the supreme court or circuit court shall exercise any other power of appointment to public offlce.] * Art. 6. see.. SEC. 11. A circuit court shall be held at least twice in each year in every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law. Art. 6, sec. SEC. 12. The clerk of each county organized for judicial purposes 2 shall be the clerk of the circuit court of such county, and of the supreme court when held within the same. Art. 6, sec. SEC. 13. In each of the counties organized for judicial purposes, 14. there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which hlie resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall )be prescribed by law. Art. 6, sec. SEC. 14. When a vacancy occurs in the office of judge of the supreme, circuit or probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term. Art. 6, sec. SEC. 15. The supreme court, the circuit and probate courts of each county, shall be courts of record, iland shall each have a common seal. Art. 6, sec, 9. SEC. 16. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a judge of a circuit court at chambers. Art. 6, sec. SEC. 17. There shall be not exceeding four justices of the peace in 16. each organized township. These shall be elected by the electors of the township, and shall hold their offices for four years, and until their suc cessors are elected and qualified. At the first election in any township, they shall be classified as shall be prescribed by law. A justice elected * The cla-.ses il brac'ret3 are omittef from the amendeo article. 48 PRESENT CONS'TITUTION. to fill a vacancy shall hold his office for the residue of the unexpired term. [The legislature may increase the number of justices in cities.] * [Sections 18 and 19 stand as sections 17 and 18 of amended article V1, and are unchanged.] SEC. 20. The first election of judges of the circuit court shall be held on the first Monday in April, one thousand eight hundred and fifty one, and every sixth year thereafter. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judges at the regular elections herein provided.{ SEc. 21. The first election of judges of the probate courts shall be held on the Tuesday succeeding the first Monday of November, one thousand eighthundred and fifty-two, and every fourth year thereafter.* SEc. 22. LSlight change in phraseology. Stands as sec. 10 of amended article.] SEc. 23. The legislature may establish courts of conciliation, with such powers and duties as shall be prescribed by law. SEc. 24. Any suitor in any court in this State shall have the right to Art. 2, see9. prosecute or defend his suit, either in his own proper person, or by an attorney cr agent of his choice. f. 25. In all prosecutions for libels, the truth may be given in evi- Art. 2, sec. 4. deuce to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to determine the law and the fact. SEC. 26. The persons, houses, papers and possessions of every person Art. 2, sec. shall be secure from unreasonable searches and seizures. No warrant to o10. search any place, or to seize any person or things, shall issue without describing them, nor without probable cause supported by oath or affirmation. SEc. 27. The right of trial by jury shall remain, but shall be deemed Art. 2, sec. T. to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law. SEc. 28. In every criminal prosecution the accused shall have the Art. 2. sec. s. right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense. [Sections 29, 30 and 31 stand as sections l, 12, and 13 of amended article II, and are unchanged.] SEc. 32. No person shall be compelled, in any criminal case, to be a Art. 2, sec. witness against himself, nor be deprived of life, liberty or property, 14. without due process of law. SEC. 33. Non person shall be imprisoned for debt arising out of or Art. 2, sec. founded on a contract, expressed or implied, except in case of fraud or 15. breach of trust, or of moneys collected by public officers, or in any professional employment. No person shall be imprisoned for a militia fine in time of peace. SEc. 34. No person shall be rendered incompetent to be a witness on Art. 2, seo. account of his opinions in matters of religious belief. 3. SEC. 35. The style of all process shall be: "In the name of the Art. 6, seo. people of the State of Michigan." [Unchanged.] 19 * Clause in brackets omitted from the revision. See note to sec. 16, amended article VL tThese sections are all omitted from the amended article as irrelevant and unnecessary. As to sec. 28, see note, foot page 1,. 7 49 PRESENT CONSTITUTION. ARTICLE VII. ELECTIONS. Art. 7, sec. SECTION 1. In all elections, every male citizen, every male inhabitant residing in the state on the twenty-fourth day of June, one thousand e;ght hundred and thirty-five; every male inhabitant residing in the state on the first day of January, one thousand eight hundred and fifty, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election, or who has resided in this state two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector, or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state three months, and in the township or ward in which he offers to vote, ten Art. 7, sec. days next preceding such election: Provvided, That in time of war, 2. insurrection or rebellion, no qualified elector in the actual military serv ice of the United States, or of this state, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the town ship, ward or state in which he resides; and the legislature shall have the power, and shall provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and return of their votes to the township or ward election district in which they respectively reside, or otherwise. [Sections 2, 3, 4 and 5 stand as sections 3, 4 and 5 of the amended article (sections 3 and 4 being combined in section 4 of amended article) and are unchanged except as shown in the usual manner. Sections 6 and 7 stand as the corresponding sections of the amended article, and are unchanged. Section 8 is unchanged except in phraseology.] ARTICLE VIII. STATE OFFICERS. Art. 8, sec. SECTION 1. There shall be elected at each general biennial election, a 1. secretary of state, a superintendent of public instruction, a state treas urer, a commissioner of the land office, an auditor general, and an attorney general, for the term of two years. They shall keep their office at the seat of government, and shall perform such duties as may be prescribed by law. Art 8, sec. SEC. 2. Their term of office shall commence on the first day of Jan2. uary, one thousand eight hundred and fifty-three, and of every second year thereafter. [The remaining three sections of this article stand as sections 4, 5, and 6, of amended article VIII, and are unchanged.] ARTICLE IX. CALARIES. Art. 9, Secs. SECTION 1. The governor shall receive an annual salary of cne 1 and 2. thousand dollars; the judges of the circuit court shall each receive an annual salary of one thousand five hundred dollars; the state treasurer shall receive an annual salary of one thousand dollars; the auditor gen eral shall receive an annual salary of one thousand dollars; the superin tendent of public instruction shall receive an annual salary of one thousand dollars; the secretary of stale shall receive an annual salary 50 PRESENT CONSTITUTION. of eight hundred dollars; the commissioner of the land office shall receive an annual salary of eight hundred dollars; the attorney general shall receive an annual salary of eight hundred dollars. They shall receive no fees or perquisites whatever, for the performance of any duties connected with their office. It shall not be competent for the legislature to increase the salaries herein provided. ARTICLE X. COUNTIES. SECTION 1. Each organized county shall be a body corporate, with Art. 10, sec. such powers and immunities as shall be established by law. All suits 2. and proceedings by or against a county shall l)e in the name thereof. [Sections 2, 3, 4, 5, 6, 7 and 8 stand as sections 4, 5 6, 7, 8 and 9 of amended article X, (sections 6 and 7 being combined in section 8 of amended article) and are unchanged except as shown in the usual manner.] SEc. 9. The board of supervisors of any county may borrow or raise Art. 10, sec. by tax one thousand dollars, for constructing or repairing public build- 3. ings, highways or bridges; but no greater sum shall be borrowed or raised by tax for stch purpose in any one year, unless authorized by a majority of the electors of such county voting thereon. bEc. 10. The board of supervisors, or in the county of Wayne the Art10, sec. board of county auditors, shall have the exclusive power to prescribe 10. 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. SE(',. 11. [Unchanged-stands as corresponding section of amended article.] ARTICLE XI. TOWNSHIPS. [The only changes in this article are shown in sections 12 and 13 of amended article X, and note.] ARTICLE XII. IMPEACni.ENTS AND REMOVALS FROM OFFICE. [The sections of this article, to and including section four, stand as the corresponding sections of the amended article. Section five stands as sectio(n nine, and sections six, seven and eight as sections five, six and seven of the amended article. The changes are so fully set forth by italics and brackets, that a repetition of any portion of the article is deemed unnecessary. Section seven (section six of amended article) is changed in phraseology.] ARTICLE XIII. EDUCATION. SECTION 1. The superintendent of public instruction shall have the Art. 1.3, see. general supervision of public instruction, and his duties shall be pre-1. scribed by law. SEC. 2. [Unchanged-stands as sec. 8 of amended article.] 51 -PRESE'NT CONSTITUTIO-N. Art. 13, sec. SEC. 3. All lands, the titles of which shall fail from a defect of heirs, 9. shall escheat to the state; and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools. Art, 18, sec. SEC. 4. T'he legislature shall, within five years from the adoption of 6. 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 slate; and all instruction in said schools shall be conducted in the English language. Art. 13. sec. SEc. 5. A school shall be maintained in each school district, at least 7. 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. Art 13, sec. SEC. 6. There shall be elected in the year eighteen hundred and 2. 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 justi(ce of the supreme court thereafter, there shall be 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 constitute the board of regents of the univer sity of Michigan. Art 13, sec. SEC. 7. The regents of the university and their successors in office 2. shall continue to constitute the body corporate known by the name and title of "The Regents of the University of Michigan." Art. 13, sec. SEC. 8. The regents of the university shall, at their first annual meet 2 ing, or as soon thereafter as may be, elect a president of the 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 expenditures from the university interest fund. Art. 13, sec. SEC. 9. There shall be elected at the general election in the year one 3. thousand eight hundred and fifty-two, three members of a state 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-offteco a member and sec retary of such board. The board shall have the general supervision of the state normal school, and their duties shall be prescribed by law. Art. 13, sec. SEC. 10. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported. Omitted- SEC. 11. The legislature shall encourage the promotion of intellectual, see note to scientific and agricultural improvement; and shall, as soon as practiamen- ed cable, provide for the establishment of an agricultural school. The artcle 1. legislature may appropriate the twenty-two sections of salt-spring lands now unappropriated, or the money arising from 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 make the same a branch of the university, for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the university. Art 13, sec. SEC. 12. The legislature shall also provide for the establishment of at least one library in each township; and all fines assessed and collected 52 PRESENT CONSTITUTION. in the several counties for any breach of the penal laws shall be exclusively applied to the support of such libraries. ARTICLE XIV. FINANCE AND TAXATION. SECTION 1. All specific state taxes, except those received from the Art. 14, sec. mining companies of the upper peninsula, shall be applied in paying 2. 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 amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school interest fund. The leg- Art. 14, sec. islature shall provide for an annual tax, sufficient, with other resources, 8. to pay the estimated expenses of the state government, the interest of the state debt, and such deficiency as may occur in the resources. SEC. 2. The legislatnre shall provide by law a sinking fund of at least Art. 14. sec. twenty thousand dollars a year, to commence in eighteen hundred and 4. 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 principal of the state debt, other than the amounts due to educational funds, and shall be continued until the extinguishment thereof. Tihe unfaded debt shall not be Art. 14, sec. funded or redeemed at a value exceeding that established by law in one 5. thousand eight hundred and forty.eight. [Sections 3 and 4 stand as sections 6 and 7 of amended article XIV, and are unchanged except by the addition of the words in italics in the last named section.] SEC. 5. No money shall be paid out of the treasury except in pursu- Art. 14, sec. ance of appropriations made by law. s. SEC. 6. The credit of the state shall not be granted to or in aid of any Art. 14, sec. person, association or corporation. 9. SEC. 7. [Unchanged-stands as section 10 of amended article.] SEc(. 8. The state shall not subscribe to or be interested in the stock Art. 14, sec. of any company, association or corporation. 9. SEC. 9. The state shall not be a party to or interested in any work Of Art. 14, see internal improvement, nor engaged in carrying on any such work, ii. except in the expenditure of grants to the state of land or other property. SEC. 10. The state may continue to collect all specific taxes accruing Art. 14, sec. to the treasury under existing laws. The legislature may provide for i. the collection of specific taxes from banking, railroad, plank road and other corporations hereafter created. SEC. 11. The legislature shall provide an uniform rule of taxation, Art. 14, sec. except on property paying specific taxes; and taxes shall be levied on 12. such property as shall be prescribed by law. [Sections 12, 13 and 14 stand as sections 13, 14 and 1.) of the amended article, and are unchanged.] ARTICLE XV. CORPORATIONS. SFCTION 1. Corporations may be formed under general laws, but shall Art. 11, see. not be created by special.act, except for municipal purposes. All laws 1. passed pursuant to this section may l'e amended, altered or repealed. 53 -1.::.:.,' PRESENT CONSTITUTION. [But the legislature may, by a vote of two-thirds of the members elected to each house, create a single bank with branches.] * [Sections 2 and 3 stand as the corresponding sections of amended article X[, and are unchanged except by the omission of the words in brackets in section 3.] Art. 11, see. SEC. 4. For all banks organized under general laws, the legislature shall 4. provide for the registry of all bills or notes issued or put in circulation as money, and shall require security to the full amount of notes and bills so registered, in state or United States stocks, bearing interest, which shall be deposited with the state treasurer for the redemption of such bills or notes in specie. [Sections 5 and 6 stand as the corresponding sections of amended article XI, and are unchanged except by the omission of the words in brackets in section 6.] Art. 11, see. SEC. 7. The stockholders of all corporations and joint stock associ7. ations shall be individually liable for all labor performed for such cor poration or association. See clausein SEC. 8. The legislature shall pass no law altering or amending any italics, art. act of incorporation heretofore granted, without the assent of two 11 e 1 thirds of the members elected to each house; nor shall any such act be renewed or extended. This restriction shall not apply to municipal corporations. See note to SEc. 9. The property of no person shall be taken. by any corporation art. 11, p. 29. for public use, without compensation being first made or secured, in such manner as may be prescribed by law. Art. 11. sec. SEC. 10t). No corporation, except for municipal purposes, or for the 12. construction of railroads, plank roads and canals, shall be created for a longer term than thirty years. [Section 11 stands as section 13 of amended article XI, and is unchanged except as shown by the note to that section.] Art. 11, sec. SEC. 12. No corporation shall hold any real estate hereafter acquired 8. for a longer period than ten years, except such real estate as shall be actually occupied by such corporation in the exercise of its franchises. Art. 10, sec. SEC. 13. The legislature shall provide for the incorporation and organ14. ization of cities and villages, and shall restrict their powers of taxation, borrowing money, contracting debts and loaning their credit. Art. 10, sec. SEC. 14. Judicial officers of cities and villages shall be elected, and all JI. other officers shall be elected or appointed at such time and in such man ner as the legislature may direct. Art. 17, sec. SEC. 15. Private property shall not be taken for public improvements 5. in cities and villages without the consent of the owner, unless the com pensation therefor shall first be determined by a jury of freeholders, and actually paid or secured in the manner provided by law. Omitted SEC. 16. Previous notice of any application for an alteration of the from revis- charter of any corporation shall be given in such manner as may be ion. prescribed by law. ARTICLE XVI. EXEMPTIONS. [Sections 1 and 2 of this article are made the corresponding sections of amended article XV. The only changes are in section 2, which are fully set forth by italics and brackets, and explained in note.] Art. 15. see. SEC. 3. The homestead of a family, after the death of the owner 3. thereof, shall be exempt from the payment of his debts, contracted after the adoption of this constitution, in all cases, during the minority of his children. * Words in brackets omiitted from amended article. 54 ': -.1 . 1 4.,. i: —:: PRESENT CONSTITUTION. SEc. 4. If the owner of a homestead die, leaving a widow, but no Art. 15, sec children, the same shall be exempt, and the rents and profits thereof 8. shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right. SEc. 5. The real and personal estate of every female, acquired before Art. 15, sec marriage, and all property to which she may afterwards become entitled 4. by gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband, and may be devised or bequeathed by her as if she were unmarried. ARTICLE XVII. MILITIA. [This article stan(ds as article XVI of the amended constitution, and is unchanged.] ~ * ARTICLE XVIII. MISC:ELLANEO TS PROVISIONS. SECTION 1. Members of the legislature, and all officers, executive and Art. T17, sec, judicial, except such officers as may by law be exempted, shall, before 1. they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of this state, and that 1 will faithfully discharge the duties of the office of -- according to the best of my ability." [And no other oath, declaration or test shall be required as a qualification for any office of public trust.] * SEc. 2. When private property is taken for the use or benefit of the Art. 17, sec. public, the necessity for using such property and the just compensation 5 to be made therefor, except when to be made by the state, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law: Provided, The foregoing provision shall in no case be construed to apply to the action of commissioners of the highways in the official discharge of their duties as highway commissioners. SEc. 3. [Unchanged-stands as sec. 9 of amended article XVII.] [Sections 3, 4 and 5 stand respectively as sections 9, 7 and 8 of amended article XVII, and are unchanged.] SEc. 6. The laws, public records, and the written, judicial and legis-Art. 17, sec. lative proceedings of the state shall be conducted, promulgated and 2. preserved in the English language. [Sections 7, 8, 9, 10, 11 and 13 stand as sections 16 to 21 inclusive, of amended article II. All changes are noted in the usual way.] SEc. 12. No lease or grant hereafter, of agricultural land, for a longer Art. 17, sec. period than twelve years, reserving any rent or service of any kind, ii. shall be valid. SEC. 14. The property of no person shall be taken for public use with- Art. 17, sec. out just compensation therefor. Private roads may be opened in the 5. manner to be prescribed by law; but in every case the necessities of the road, and the amount of all damages to be sustained by tie opening thereof, shall be first determined by a jury of freeholders, and such * Clanuse omitted from the revision. 55 : amount, togethrwith te ePe s e ng, shall be paicdby the pderson,o esn Qh )nftd Oinitted- uSEc.' 1:N geeareiino blwssa]liraer -be iade.' se neot to When a:ePrnnt thlerieof" hegoienecessary,: tie le'g~i!~ure~,!ijit co am:.,lend n ininteon- ul ~ t. arete' v~ention shall ap pomnt' suitablewperson ~to c(~llect'4 ~; tr~'sch acres and -p:ar-ts oacts asare in force, and without alterationarr them under a; -Ire ate heads and titles.,The laws so arraniedshl:besubmitted t(w..oc~ommiss~ioners appointed by thegoverpor, for ":alin and - i'vr —ified;by; them to be' a correct cmpilation of all -genera laws i foree,, shall be printe:d in such manner as shall- be prscribed hYla';w. .0: ARTICLE XI —X.' UPPER PENINSULA. -~~~~~~~~~ ~ ~ ~ ~. -o i -'.;. ...:[The general provisions of this article are obolete. All cc r special proisions relating to the upper pe...sula re'embodiedin r . portionsof the amended constitution.]: ARTICLE XIX-A.. OF RAILROADS.,.' "-;7ii;% [The two sections of. this article stand as sections I -an - amended article XI. The only change is the:diin of the relating to the speed of railway trains, as shown bgi~icsjn sect/-f v ( -,ts > *..q ~H~ ARTICLE XX.;, A- MEAIE'D.IIET AND REVISIIP, OF THE CONSTITUTION.. ,'::The changes in thlis article wsill appear by reference toar m:e:darti cle XIII.] >* SCHEI)ULE.,; - - [,The schedule contains 29 sections, but. most o9fi:~ provisions are obsolete.'See note'to schedule of amended,cbnstitution]'-~::' i' j i.4.'I .i_ It';