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The Constitution Of Michigan

The Constitution Of Michigan image The Constitution Of Michigan image
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As pronnsed to be amended by the Constitutloval Vommisn n of 187S, reviewed by the Leg slature. and êubmitted the p tiple in the farm of a joint renoltUion; with noluttorvt nf the change proposed, prepured by S B. AfcC acken, pursuunt to a concurrent resolution of the two fïou8e, anti approved bu the ITesident of the inenute and Speaktr of he House of Hepresenlatives includi'iy t'ie joint rexolutlo ■ submMing the ulternalive proinsilion of extendiny the elective franchise, to woinen. JOINT RESOLUTION iirnposiiigamendmeiits to the t'uim itutiou ül' the State ui Michigan. Be. it resolved by the. Scnntc and House of ieprexentutioex of the State of Michigan, flut theConstitution of the State of Michi aan be and the same is hereby ainunded so as to read as follows : PRE AM BLE. For the purpose of establishine, lef5nïnfr and liniiting the power and dutios of the several departments of government, the Peoplo of the State of Miubigao dooidaiu tliiti Conslitutioii. ARTICLE I. BOUNDARIEH AND SEAT OF GOVERNMENT. Section I. The State of Michiian is aoumlud as follows, towit: (Jomuieiicin at a point on the eastern boundary line of the State of Indiana, where a direct line drawn Froin the southein extremiy of Lake M.ehigan to the most northerly cape uf the Maumee Bay shall intersect the sume, saul ioin( beitiü the noithwest corner of the State of Ohio, as e-tabli.-hed by an act of Congieas, emitled '' An act ro establish the northern boundary line of the State of Oiiio, and to provide tor the idiuission of the átate of Michigan into the Union upon the coudltions theiein expresscd," approved June tifteenth, one thousand eight hundred md thirty-six ; thence with the said boundary line of the Stale of Ohio ti.l it inter■ects the boundary line bet ween the United State! and Canada, in Laki; JSrie ; thence wiih the said boundary line between the United States and Canada through the Detroit River. Lake át. Clair, the St. C!air lliver, Lake Huron, the St. Alaiy's ltiver uid Lake Superior, to a point where the said line last touches LakeSuperior; thence n a direct line through Lake Superior to the tnouth of the Montreal liiver ; thenie through the middie of the inain channel of the said Montreal Kiver to the head waters thereof, as maiked upon the survey made jy Captain Crauim by authority of the [jriited States ; thence in a direct line to the center of the channel betwe n Middie and South islands, in the Lake of the Des ert; thence in a direct line to the southern shore of Lake Brule ; thence along said southern shore and down the Brule üiver o the inain channel of the Menominee Lliver ; thence down the center of the main channel of the same to the center of the nost usual ship channel of the (reen Bay )f Lake Michigan ; thence through the center of the ruost umal ship channel of the -aid bay to the middie of Lake Michigan ; thence through the middie of Lake Michigan to the northern boundary of ihe State i' Indiana, as that line was establishcd by he act of Congress of the nineteenth of April, eighteen hundred and sixteen ; thence Jue easi, with the north boundary line of he said State of Indiana to the north-east corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning. Sec. 2. The seat of government shall remain at Lansing. Notb.- The flrst clanse of the preamble Is new ; the at clautie n the pre.imble t the pretteutcnistitutioo. The words. " LMke St. Claii, the st. Clair Kivir." md ihu words, "as marked Ujon the survey made by Captain Cratnm hy authürity oi ttie United Siatee." ihere they nccur 111 eection 1 of aitjcl- 1, are nut in he preeent coi.stiiutnm They tnake nt chance in ut; bouitdary. hi) -ever, being only luteuded tu maku he degcrintiuu more suecifle. AKTICLK II. BILL OF KIUHTS. Section 1. All political power is inherent in the peopk-. Government is instituied fbr their equal benefit, seeurity and .irotection. They have the riüht to chaime r reform the sauiu whenever the public nood requires. No special piivilege or immuni.y shall be granied tliat may not be revoked. Skc. 2. Every person shall be at liberty to worship God according to the dieiates of liis own con-i-iince. Nï person .shall be comí elled to atlend, or, again-t his consent, to contribute tu tb. : erection or support of ny place of relieiouS worship, or to pay ithes, taxes. or other rates, fbr the .support of ai.y minister of the gospel or teacher ol reliftion. Sf.C. 3. The i-ivil and political rights, iirivilcffes and capacities of nu percutí sliali t)0 diminishcd ur cnl rged on aw;oiint of hi rlijiiou belief, nur shall any person be inninipetent to be a witnesson account of his ipinionH or belief coneerninK matters of cligi'in, nor .shall any witness be questioned tciuchinj' nis religious belief Sec 4. Kvery person may freeiy spoak. wiite and publish his sentiuients on all -uljects. buini; responsible for the abuse ot th t rifjht ; and no law shall be passed to rextrain or abiidgo the liberty of speech oi of the presa, In all prosecutions for libel, tl e truth uiay be given in evidence to the jury, and if it shall appear to the jury that the luutter chi-frc d as libelous is true, ai.d was publihed with good motives and for UMtifisble ends, the ace: sed shall le acquit ted : and the jury shall have the right to determine ihe law and the fact. Snc. 5. No bilí of attainder, ex pont facto 'aw, or law iuipaiiing the obligation of con tracts, shall be passed. Sec. 6 The privilege cf the writ of habeos corpus shall not be suspended unless, in case of rebellion or invasión, the public safety may require it. Skc. 7. The right of trial by jury shall icinairi, but .-hall be deemed to be waived in criminal cases in courts other than courts of record, and in civil cases in all courts, tinless demanded by one of the parties in such marnier as shall be prescribed by law. The lièttislature may authorize, in courts of recotd, a trial by a jury of a less number than twelve ; in all courts, in civil cases, a verdict by not less than two-thirds of the jury ; and, in criminal cases, ent of parties, a discharge of not more ihan me juror and a verdict of the remainder. Sec. 8. In every criminal proseoution the iccused shall have the right toaspeedyand ul)lic trial by an impartial jury, to be inoruied of the accusation, to be confrontcd vith witnesses agaiust him, to have conijulsory process ibr obtaining witnesses in lis favor, and to have the assistance of :ounsel for his defense. ■ Sec. 9. Any suitor in any court in this State sha'l have the right to prosecute or iefend his suit either in person or by an ittorney or agent of his choice. Sec. 10. The person, houses, papers and mssessions of every person shall be secure rom unreasonable search and seizure, No warrant to search any place, or to seize any serson or thing, shall issue without describ ng .such place, person or thing, nor with ut probable cause, supported by oath or ïlh'iuiation. Sec. 11. No person, after acquittil upon he inerits, shill be tried fpr the same ifïèrise. All persons sliall, before conviciun, be bailable by suffiuient sureties, exlept for murder and treason, when tlie in-Hof is evident or the presumption great Sec. 2. Tieaon the State shall junist oniy i:i levying war ag-iinst it, or adheiing 'o its eneniiei", giving theui aid md i-ouitört. No person shall be convicttd af treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court. Sec. 13. Exces-ive bail shall not be reïuired ; exce.sive fines, shall not be imposed ; :iuel or unusual pu..ishmenis ah-ill not be intlicied ; nor shall wiuiessea be unreaauu ibly detaiued. Sec. 14. No person shall be deprived of life, libeny or property, without due procesa of' law. No person shall bo eompelled, in any criminal case, to beawitnessagainst hinisclf, but if any persou hall elect to niakc a statement in hia own behalf', he shall bo subject to cross examination relative to the niiitter of such statement. Sec. 15. No per.son shall be imprisoned for dubt arising out of or founded on contract, expresa or iinplied, exceiit in case of' t'iaud, or breaeh of trast, or for monevs mllected liy public eflicers, or in any profi-SHtonal cuiployment. No per.son ihall be imprisoned for a military fine in time of peace. Sec. 1 f. Every person has a riirht to bear anus for the de.'ense of liimself and of the átate. Sec. 17. The military shall be in strict suhordiiiiition to the civil power. Sec. 18. No soldier hall, in time of peace, be quartered in any house without the cbnsoDS of the owner or occupant, nnr in time of' war, except inatuanner prefleribed by law. Skc. 19 The people have the riant peaceally to assetnble, to consult, for the commoi: ;ooi), to instruct their representativos, and to petitiou the Luislature for redress of grievances. Sec. 20. Neither slavery nor involuntary servitude, unles for the punihment of crime, shall ever be tolerated in this State. Sec. 21. Alicns who are, or may hete af'ter bicorne, bnna reidents of' this State, shall enjuy the atne rights in rei-peet to the possession, enjoyuient and inheiitance of property, as native bom citizens. Se?. 22. Private property shall not be taken for public use without just compen.-ation. Notb. - The conptUution of 1835 contflined most of the fnreeoiiig provislims, griuped to-eiher as Article t. In the cou-tituiio l 1850 ho arrangement is_ changed 80 thut tlie provi-innf appear as ectiona in tlie art ie ee on the lejílslatíve aud judicial department-, and in the miHcellaneous provUiouu. The [j:i)pi3tjd j.mui'ded conatitmion brinca them together in as article II, entitled, "Bill of Riííhts." Few chttngea have been made. only euch as scemed desirable to iinpr ive the luniitUL'e, or render more cle ir unit cuitain the riirht uar.inieed. The first -ection i nor iu iho present coiwiitaiion, bat is louudiu that of 1835. Tht words. or, aaiiist his consent, to con tribuie to the erectioü or support of," where they oiMir in scciion i, and the words, " nor sha I any wituess Ihí questioned louching his relitfious belief,'1 in gKCtlon 3. ai e iieiv, Seciion 7, while it dot-a not itsi-lf innke any changei in the jury svatem, permils "umi1 chances to be madt by the legi&Iature. The last clause of seciion 14 is new. ARTICLE III. DIVISIÓN OP THE POWERS OF GOVERNMENT. Section I. The powers oí government ure divideii into threedepartruents: Legislative, Execurive, and Judicial. Sec. 2. No person belonging to one department shall excrcise power properly beionging to another, except in the cases cxpressly provided in this Constitution. Note. - The only change in thia article is the verbal one by which the word " power," in section 2 is reudered in tne ehiular instead of the plural. ARTICLE IV. leg;slative department. Section 1. The legislative power is vested in a Senate and House of' Representatives. Sec. 2. The Senate shall consist of thirty-three members. Senate districts shall be arranged by the Lugislaturc, and not less than two shall be formed of the territory known as the Upper Península. They shall be numbered consecutively, and each district shall elect one Senator. At the first election under this Constitution, Senators in the odd nutnbered districis shall be chosen for two years, and in the even niiiubered districts for f juryears, andthereafter all Senators shall be elected tor four years. No county shall be divided in the tormalion of' Senato districts, unless such county shall be equitably entitled to more than one Semitor. Sec. 3. The House of Representatives shall consist of one hundied and ten me DB bers, tu be apportioned atuong the several cnunties and districts, according toan equal ratio of population, as near as may be. Eauh county having a ratio of representation, and a fraction over equal to one-third of such ratio, shall be entitled to two Rep resentatives, and above that number, one additional Repieseiitative tbr each additional ratio ; but every organized county oontaio ing a populación of not less thau one-third of .he ratio ol lepresentation, and every two or more contiguous organized eounties containii'g a like population, shall be entitled to a Representativo. Every unorganized -ounty shall bc attached to a Representati ve district. Representatives shall Lecho sen for two and by single districts In every county entidel to more than one Representative, the board of supervisors sjiall assemble at such tin. e an 1 place as muy be provided by law, and divide the same into Representativo districts equal to the numbcr of Representatives to whicli ■uch county is entititled by law, and shall caur-e to be filed in the offijes of the Secre tary of State and clerk ut' such county, a deoriprion of .-uch Uepresentative districts, -pecilying the number of each district, and the population thereof accotding totne last enumeration. Such división into Representative districts shall remain unaltcred until the return of another enunieration, unless otherwise provided by law. Sec. 4. The hegislature, after each enuineratiin of iuhabitants under the auihority of' this State, and by the authority of the United States, shall rearrange the the Senate districts, and apportion anew the Representatives atnong the counties and districts according to the number of inlmbitants. But no re-arrangement of Senate districts shall vacate the seatof any Senator. Kuch apponionment shall remain unultered until the return of another enunieration. No ward or township shall be divided in the fonnilion of a Senatorial or líepresentave district. Boundaries of munieipalities may be ch mged by law, but it thereby any territory embraced within a Senatorial or Repiosentative district shall be detached therefroin, elections shall be held for Senator or Ropresentative, as the case may be, in the territory so detached, until the return of another enumeration and apportionment, the same as though such ehange in boundaries had not been made. o o law heretofore enacted making a ehange in the boundaries of any municipality shall be held void tbr the reason that the same altered a Senatorial or Representative district, and all such laws are hereby declared to be valid and confirmed. Sec. 5. Every Senator and Representative shall be a citizen of' the United States, and a qualified elector of the district he reoresents. A roinoval from Lis district shall be deemod a vacation of his office. Senators and Representatives elected to fill vacancies shall hold their office for the residue of the unexpired term, Sec. 6. No person holding any elective State office, and no person holding the office of probate judge, county clerk, register of deeds, county treasurer, sheriff, county superintendent of schools, prosecuting attorney, county auditor, or any office to Which he was appointed by the President nf the United States, by and with theadvice and consent of the Senate, shall be allowed to take or hold a seat in either House of the Legislatuie. Sec. 7. Senators and Representatives shali in all cases, except treason, telony, or breach of the peace, be privileged from arrest during sessions of the Legislatura. They shall not be subject to any civil process during any session, nor for fifteendays next betore the cou.inencetnent and after the termination thereof. They shall not be questioned in any other place tbr any npSech in either House. Sec. 8. Ah jority of ench House shall coniHute a quorum to do bu-i;iess; but a I smaller number uiay adjourn from day to day and corupel the attendance of absent members, in such marnier and under sueh penulties as each House u.ay prescribe. Sec. 9. Each House, exceptas otherwise provided in tliis Constitútion, shiill choose its own officers, determine the rules of'its lroceedings, andjudgo of'the qualifications, eleetion and return of' its meuihers, and may, with the coiicurn'nce of' two-thirds of all the meuibers elected, expo] a nieinber. The reasons tbr sueh expulsión shall be entered upon the juurnal, with the names of' the meuibers voting on the question. No inembei shall be expeMed a socond time for the same caue. Sec 10. Each House shall keep a journal of' its proceedings, and publish th'e same, except such parts as may requ'ue .secrecy. I he yeas and nays of' the luuiuhers of either House on any question shall bu taken at the reqtiest of' one-filth of' the meuibers eleeted. Any member ol either House may dissent f'rom and prote-t against any act, proc;eding or resolución whieh he may doem injuriotts to any person or the public, and have the reason of' bis dissent entered ( n the journal. Sec. 11. In all elections by either Hnuse, or in joint convention, the votes .-hall be ;ven viva voce. All vote-i on nominations to the Senate shall bc taken by ycas and naj's, and published with ihe journal of'its pruceedings. Sec. 12. The door of each House shall be open, unless the public welfare requires secrecy. Neither House shall, without the consent of'the othcr, aiijourn for niorcthan three days, nor to any other place than where the Legislaturo may then be in session. Sec. 13. Bills may origínate in either House, but no bill or new su bject of legilation shall be ntroduced after the expiration of the first fifty days ol' the session, except on recomrnendiitior. of the Governor by special messuge. At extra sessions, legisla tion sball bo confined to the subjects expressly named in the Governor's pioclamation, or submitted by special message. Sec. 14. Every bill and joint resolution passed by the Legislature, and every concurrent resolution appropria'ing money or property, shall be piesented io the üovernor, and if' he appiove, he shall sign it ; but if not, he shall return it, with his objections, to the House in which it orijiinated, which shall enter the objectionatlarge upon its journal, and reconsider it. On sueh reconsideVation, if' twu-thirds of the members elected agree to pass such bill or resolution, it shall be sent, with the objections, to the other House, by which it shall be reconsidered. If approved by twothirds of' the members elected to that House, it shall become operativo. In such case the vote of both Houses shali be determined by yeas and nays, and the names of the members voting for and against ii shall be entered on the journals of eaeh House respectively. If any bill or resolution be not returned by the Governor within ten days (Sundays excepted) it has been presented to hitn, the same shall become operative in like manner as if he had signed it, unless the Legislatuie, by their adjournment, prevent its return, in whioh case it shall not become operative. 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 dttring the last five days of'the session, and the same shall become operative. Sec. 15. 1 he compensation of menibers of the Legislature shall be four dollars a day for actual attendance, and when absent on account of sickness. ïhey shall beentitle.l to ten cents, and no inore, for every mile aotually traveled going to and retuining from the place of meeting, on the usually traveled route ; and for stationery and newspapers not exceeding five dollars for each mumber during any session. Each uiember shall be entitled to one copy of the laws, journals, and doeumentsof theL.'gisluture of whioli he was a ; bui -hall not receive, at the expense of the State, books, newspapers, nr other perquisites of officu not expressly authorized by this Constitution. Sec. 16. The President of the Senate and Speaker of the House of Representatives shall be entitled to the same per diein compensation and mileage as luerabers of the Legislature, and no inore. Sec. 17. No person elected a luember of the Legislature shall receive any civil appointinent other thau that of notary public, trom the Governor, the Governor and Senate, froui the Legislature, or any other State authoritory, or be elk'ible to any ofüce which shall have been created or the emolumenta of which shall have been increased by tl, e Legislature ofwh:ch lie is a member, until ihe expiration of the term for which he is elected. All such appoint ments and all vote-i given for any person so elected, for any such office orappointtuenr, sliall be void. No member of the Legislature shall be intiirested, directly or ïndirectly, in any contract with the State, or any municipal corporaticn authorized by any law passed during the time for which he is elected, until one yoar after tha expiration of his legislativo term Sec. 18. Ëvery bill and joint resolution, and every concurrent resolution appropriating inoney or pronerty, shall be read three times in each House before the final passage thereof. No bill, nor any such resolution, shall become a law without the concurrence of a majority of all the tneiubers elected to each House, to be determined by yeas and nays, which shall bo taken separately, on each bill or resolutiou, and entered on the journal. Sec. 19. No law shal! embrace more than one subject, which shall be expressed in its title. No law shall be revised. altered, or amended, by referenee to its title only, but the act revised, and the section or sections of the act alterad or aiuended, shall be re-enacted and published at iength. No public act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, unless the Legislature shall otherwise direct, by a twothiids vote of the merubers electod to eaoh House, such vote to be taken by yeas and nays if demanded by any member. Sec. 20. ïhe Legislature shall not grant or authorize extra compensation to any public officer, agent, or contractor, alter the service has been iendered or the contract entered into. Sec. 21. The Legislature shall provide by law that the furnishing of fuol and stationery for the use of the State, all blanks, paper, and printing for the Executive De partment and State offices, the printing and binding of the laws and journals, and all other printing ordered by the Jvegislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfuctor.v security for the perrons ancetherecf. The Legislature shall prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor, and shall prohibit all charges for constructivo labor. It shall not rescind or alter such contract, nor 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 niember of the Legisla turo or offieer of the State shall be intereted, directly or indiroctly, in any such contract or any contract with the State. Sec. 22. 'Ihe Legislature shall not pasa local or special laws in any of the following enumerated cases : First, Divorcing any named party, or upm the suhject of divorce; Second, (Jhanging the names of persons or places ; Third, Kegulating the jurisdiction and duties öf justiees of the peace, or constables ; Fonrth, Prouding for changes of venue in (Mvil or criminal cases ; Fifth, Graotïng any special powers to boards of supervisors ; Sixth, Sumraoning and einpaneling grand or petit jurors; Seventh, Regulating the rate of interest on money; Eiglith, Authorizing the sale, Ieaae, or mortgage of real estáte belonging to minors, or by executors or administra tors, or by ïny religious Corporation or society ; Mitth, Chartering or licensing ferries or toll bndges ; Teath, Remitting fines, penalties. or for tintures ; Elevenlh, Creating, increasing, or decreasing fees, percentages, or allowances of public ofhcers ; Twelfth, Uhanging the law of descent ; Ihirteenth, (xranting to any Corporation association, or individual, any special or exclusive privilege, immunity, or franchise whatever; Fmrtcenth, Declaring any named person of age ; Fifteenth, Extending the time for the assessment or colleetion of' taxes or othorwise relieving any assessor or collector of taxes tioui the due performance of his official duties ; Wxteenth, Punishiug crimes or misdemeanors ; Seventeenth, Adopting, by any person, any náiried person as his cbild or heir. Eighteenth, Vacating or altering aproad laid out by coinuiissioners of highways, or any street, alley, or public ground in auy city or village, or in any recorded townplat; or for altering the boundaries of any school district, fur building or repuiring bndges, or for druining sw.unp o ■ other low lands, except by expendituro of grants to the State ; Nineteenth, Exempting any property froiu taxation The Legislature shall pro vide by general laws for the cases enumerated in this section, and for all other case wmch, in lts judgnient, may be provided tor by general laws. Secs23. The Legislaturc shall not e.-tab lish a ötate paper ; Sec. 24. The Legislature may authorize the employmont of a chaplain for the otate prison. Sec. 23. No collector, holder or disburser of public moneys, shall have a seat in the Legislature or be eligible to any othce of trust or profit under this State, unti.l he shall have accounted for and p;'id over as provided by law, all sums for which he may be Hable. Sec. Ufi. The Legislature shall not audit or allow any private claim or account. öeu. 27. 'I he Legislature shall meet at the seat of government on the first Wediiesday in January, in the year eighteen wnjjnd seventy-fivo, and on the first VVednesday in January in every second year thereafter, and at no other place or tnue unless as provided in this Constitutton, and shall adjourn without day at such time as the Legislature shall fix by concurrent resolution. Sec. 28. The Legislature, on the day of ünal adjournment, shall adjourn at twelve o clock at noon. Sec. 29. The election of Senators and Representativos pursuant to the provisions of this Constitution, shall be held on the luesday succeeding the first Monday of November, in the year eighteen hundred and sevcnty-six, and on the Tuesday succeeding the first Monday of November of every second year thereafter. Sec. 30. The Legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial de isions as it may deern expedient. All laws and judicial decisions shall be tree for publication by any person. Sec. 31. The Leaislature may declare the cases in which any office shall be deemed vacant and aiso the manner of fill ing the vacancy, where no provisión is made for that purpoae in this (Jonstitution. Seo. 32. The Legislature may corfer upon organized townships, incörpor.ited uities and viüages, and upon the board of supervisors of the several counties, such powers of a local, legislativa and administrative charactsr as it may deern proper. Sec. 33. The Legislature shall not authoriza any lottery, or permit the sale oí lottery tickets. Sec. 34. No money shall be appropiated or drawn from the treasury of ttiis State, or of any municipal Corporation, for the benefit of any religious sect or society, the oloïical or religious seminary, or school under private or denominational control, nor shall property belonging to the Statu ur any municipal Corporation be appropriated for any such purpose. Sec. 35. The assent of two-thirds of the members elected to each House of the Legislature shall be requisite to every bil; appropriating the public money or property for local or private purposos. Sec. 36. The Legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits or other intoxicating liquors. Sec. 37. The Legislature shall provide by law for an enumeraiion of the inhabitunts of the State in the yoar eighteen hundred and eighty-four, and every ten years thereafter, and for the collection of such general statistics and information as shall be deemed necessary. Sec. 38. The style of the law shall be : "The Peoplo of the State of Michigan enact. " Note.- Section 2 of this article provides for thirtythree senators, to be chosen for four yeara The present senate consista of thirty-two members who are elected for two years. Sections 3 and 4 embody the general provisions of the corresponding sectious of the present constitution, with some changes of arrangement. Section 3 flxes the immber of representatives definUely at one hundred and ten. The present constitution makea the house to "consist of not lesa llum sixty-four, nor more than one hundrec meinbers," the number now being fixed by law at one hundred. Counties having one-third of a ratio, are allowed a represontative : by the present constitution nothing leu than a nioiety of the ratio, entitles to a representativo. The provisión is framed with reference to the mure rapid growth of the newer counties The provisión of the present constitution against the división ofeitiesin the foriuation of representativo district, Uchanged so as to read that "no ward or t.iwn.-hip" shallbe sodivided. All that part of seetion 4 commencing with the word " Bouudaries " after the words " representative district," is new. ' The intervt'iilng section to and includlug section 12 havi. sorae changes of phraseologyv Section 13 embodies the provisions of sections 13 and 28 of the present constitution, and that portion of section 15 which restnets legislation at extra sessions to subjects submitted by the governor. It also has a new provisión permitting the introductlon of bilis after fifty days at regular sessions on recommendation of the governor. Sections 14 and 18 (14 and 19 of present constitution) arechanged so as to place bilis and joint resolutions, and concurrent resolutions appropriating inoney or property, on the same footing. By secti'n 15 the eompensation of meuibers is made four dollars per day, iustead of three, as now, and the clause limiting the pay to twenty days at extra sessions, is omitted. Section 17 (18 present coustitution is somewhat changod in phraseology, and has addec in the flrst oíanse the words, "orbe eligible to any office which shall have boen created or the emolunients of which shall have been increased by the legislaturo of which he is a member." The words "municipal Corporation," are also added in the Kist claoM in place of the word "county." Section li embodies the provisions of sections 20 and 25 of the present constitution, the words, "such vote to bc taken by yeas and nays if demanded by any niember," at the end of the section, beiug new. Section 21 bas some slight changes of phraseology, and has added at the end of the section, the words. "or any oontfftct with the state." Section 22 is a new section aithough some of its provisions are covered bv sec tions 23 and 26 of article IV of the present constitution. The constitutional eommissiou. in their report to the governor, say with reference to this section "The, restrtcUons proposed by some of the subdivisions of this section are now embodled in the constitution. Others of them are alrcady convered by general laws. They are all fouud in some one or other of the constitutions of the states. It is belicved tluit the adoption of these restrletions will reduce the length and expense of legislativo sessions fully onethird, as well as be a sareguard agalust much hasty corrupt and partial legislation." The words, "but no inoney shall be appropriated for tho payment ol any religious services in either house of thé legislature," are omitted from section 24. Sections 27 and 29, corresponding to soctions 33 and 84 of the present constitntion, are changed in phraseology, to adapt them to the change ofüme. Section 34, (section 40 present constitution), has added the words, " a school under private or denominational control," and is fur tber made applícable to municipal corporations. Section 37 covers the ground of the flrst clause of section 4 of the present cousütution, but the last clauso relative to the collectlon of statistics, etc., is new. ?he numbering of the sections of the amended arlcle does not eorrespond in all cases to those of the tresent constitution, owing to the omission, recontruction, and transposition of sections. Correspondng references are given, however, in all cases dcemed mportant. The language of sections 8, 11, 12, 16, 20, A 25, 26, 28, 30, 31, 32, 33, 35, 36 and 38, is unchanged rom what it is in the present eonstitution. Section 16 of the corresponding article of the present constitution relativo tu postage, is omittod as obsolete, as all jostage is now required to be paid in advance. Section 29, permitting compensatfon only to the person who may be declared entitled to the seat in case of a UHItetted election, is also omittcd. That part of secikra 35 which allows lö dollars to newspapers pubishing the general laws of a sesion, is omitted as absurd in itself, from the smallness of the compensation oll'ered. Under section 30 of this amended article, which requires the legislatura to provide for the speedy publication of all statute laws of a public nature, the legislature may provide adequate compensation to newspapers for publishing such laws aa ;hey may direct. Section 39, 41, 42, 43, 44, and 46, of the present article, are einbodied in tuo Bill of EighU. AKTICLE V. EX.ECUTIVE DEPARTMENT. Section 1. The executive power is vested in a Governor, who shall hold hia office for two years. A Lieutenant Governor shall be chosen lor the same term. Sec. 2. No person shall be eligible to the office of Governor or Lieutenant Governor who has not been five years a citizen of the United States, a residen tof this State two years next preueding his election, and attained the age of thirty years. SEC. 3. The Governor and Lieutenant Governor shall be elected at the times and places of choosing the inembers of the Legislature. Tho person having thehighest uumber of votos for Governor orLiouteuant Governor shall be elected. Iu case two or more persons shall have an equal and the highest number of votes for Govuruor or Lieutonant Governor, the Legislature sb aü, by j oint voto, choose one of such persons. Sec. 4. The Governor shall be Coinruander-in.Chief of the military and naval foices, and may cali out such torces to execute the laws, tosuppress insurrectiou, and to repel invasión. Sec. 5. He may require information in writing from oiiicers of the exeeutive. department upou any subject relating to the duties of their respective offices. Sec. 6. He shall take care that the laws be faithfully executed. Sec. 7. He may con veno the Legislatura on extraordinary occasions. Sec. 8. He shall give to the Legislature, and at the close of liis official term to the incoming Legislature, information by message of the coudition of the Stcte, and recommeud such lucasures to thein as he shall deern expedient. Sec. ü. He may convene the Legislature at some other place, when the seat of gov eminent becoines dangerous from disease or a public eneiny. Sec. 10. He shall issue writs of election to till suoh vacancies as occur in the Senate or House of Reprosentatives. SEC. 11. He may grant reprieves, commutations and pardons, aftêr conviction, for all oö'enses exoept treason and cases of ïuipeaehiuent, upon such couditipus, and with such restrictions and limitations, as ho may think proper ; but the Legislature may provide by law as to the manner of hearing applications for pardon. - Upon-conviuuon for treason, he inay suspeiid the execution of the sentence until ■ the case shall be reported to the Legislature at its next session, when the Legislature shall oither pardon or commute the sentence, direct the execution of the sentence, er grant a further reprieve. He shall eommunicate to the Legislature at each sussion, information of each case of reprieve, comumtation or pardon granted, and the reasons therefor. Sec. 12, In case of the death of the Governor, his removal or suspension from office, inability to perforcu the duties of the office, resiguation, absence from the State, or other disability, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or uutil the disability cease. But when the Governor shall bu absent from the State at the head of the military forces thereof, he shall continue to be Commander-in-Chief. Sec. 13. During the vacancy in the office of Governor, if the Lieutenaut Governor die, resign, be displaced, suspended, or be iucapable ot performing the duties of his office, or absent from the State, the president pro tempore of the Senate shall act as Governor until the vacancy be tilled or the disability cease. Sec. 14. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, and when there is an equal división, he shall give the casting vote. In committee of the whole h 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 Govomor, except as specified in this Constitutiou. Sec. 16. No person elected Governor or Lieutenaut Governor shall receive any offiue or appointment from the Legislature, or eitner House thereof, during the tima for which he was elected. Sec. 17. The Lieuteuant Governor and President of the Senate pro tempore, when performing the duties of Governor, shall receive the same compensatiou as the Governor. Sec. 18. AU official acts of the Governor, his approval of the laws excepted, shall be authenticated by. the Great Seal of the Stale, which shall be kept by the Secretaiy of State. Sec. 19. All commissions issued to persons holding office under the provúions of this Coustitution shrll 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 countersigned by the Secretary of State. Sec. 20. The Governor shall have power to disapprove of ar. y item or items of any bill making appropriations of inoney, embracing distinct item, and the part or parts approved shall be the law, and the item or items disapproved shall be void, uuless re-passed according to the rules and limitations proscribed for the passage of other bilis over the executive veto. Note. - The sectious of this article, section 20, which is new are the saine in number, and relate respeetively to the same subject matter, with those of the present constitution. A number of the sections have soiue changes of phraseology, but none of sutlicieut importanoe to requiro specific mention. ARTICLE. VI. JUDICIAL DErARTJIEXT. Sectiox 1. The judicial power is vested in a Supreme Court, in Circuit Courts, Probate Courts, Justices of the Peace, and in such other courts, tribuuals and officers as are or shall be established or authorizeJ by law. Sec. 2. The Supreme Court is continuad subject to the provisions of this article. The Legislature shall provide for one additionaf Judge, so that the Court shall consist of five members, to be chosen by the electors of the State, and for a classification of Judges, so that ono shall go out of office every two years. The Judge having the shortest time to serve shall be Chief Justiee during the remainder of his term of office, The term of office of a Judge of the Supreme Court shall be ten years. A Judge of the Supreme Court may be assigned to hold a Circuit Court in cases provided by law. Sec. 3. The Supreme Court shall have a general superiutending control over all other courts and tnibnnals ; and also such appellate jurisdiction as shall be provided by law ; aud to that end may issue writs of error, certiorari, mandamus, preeedendo, prohibition, and all other appropriate writs and process. It shall also have original jurisdiction in cases of mandamus, habeas corpus, proceedings in the nature of quo warraato, and of proceedings by scire Jadas, to vacate letters patent. lts ippellate jurisdiction shall not extend to any civil cases for tho recovery of inoney or property in which the amount or valuo of the thing in controversy is less than one hundrod dollars, exclusive of costs except upon the allowance of an appeal' writ of error or cerliorari by the Judgo' who tried such case, or by a judge of thu Supreme Court. Sec. 4. Pour terms of the Supreme Court shall be held annually, at sucu times aud places as inay bedesignated by law. Sec. 6. The Supreme Court shall, by general rules, escept as otherwise provid[Continuod on 4th page.] JlirtHpi jUp. [Continued fiom lst page.] ed by Iaw, establish, modify, and amend the practica in such court and in all inferior tribunals and siniplify the game, and shall appoint iU clerks and a reporter of its decinions. The decisions of the Supreme Court shall be ia writing, and signod by the Judges concurring tharein. Any Judge dissenting therefrom shall give tho reasons of such diasent in writing, under his signatura. All auch opinions shall be filed in tho office of the Clerk of tho Supreme Court. The concurring opinión of any throe of said Judgus shall lio a decisión. Sec. 6. The Legislature shall divide the Htate into seventeen judicial circuits, and it inay incroase the nuniber of circuits at tho expiration of periods of six yearg. It may ro-arrange the cirouits or decrease the number of the satne at any time ; for each of which circuits, so ostablished, the eloctors theroof shall elect one Circuit Judge, who shall hold his office for tho term of six years, and until his successor is elocted and qualified. No alteration of any circuit shall havo the effect to remove a Judge from office, provided he hall reside iu the eirouit of which he is Judge. In every additional oircuit established, the Judge shall be elected by .the electora of such circuit, and his term of office shall continue as provided in this Constitution for Judges of tho Circuit Court. Sec. 7. A Circuit Coutt shall be held at least twioe in each year iu every county organized for judicial purposos, and at least threo times in eaoh year in counties containing ten thousand inhabitants; and iu counties having twenty thousand inhabitants or over, there shall be at least tour terms in each year. Judges of the Circuit Court may hold oourts for oach other, and in other circuits in case of a vacancy, and shall do so when required by Iaw or upon tho request of the Governor. Sec. 8. The Circuit Courts shall have original jurisdiction in all inatters civil and criminal, not excepted in this Constitution and [not] prohibited by law, and such appellate jurisdiction from all inferior courts and tribunals as shall be providod by law, and a supervisory control of the same. They shall also have power to issue writs of injunction, habeos corpus, mandamiis, quo warranto, certwrari, and other writs necessary to carry into effect their orders, judgments, and decrees, and nve them general control over inferior courts and tribunals within their respective jurisdictions, and in other cases provided by law. The appellate jurisdiction of said courts sball not extend to any civil case in which the amount or value of tha thing in controversy is less than twenty; five dollars, exclusive of costs, except upon allowance of an appeal or writ of certiorari by a Circuit Court Commissioner or tho Judge of tho court entitlod to exercise 6uch appellate jurisdiction. Sec. 9. Whenever a Judge shall remove beyond the limits of the jurisdiction for which he was elected or appointed, 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 vaoatod his office. Sec. 10. When a vacancy occurs in thu office of Judge of the Supreme, Circuit, or Probate Court, it shall bo filled by appointment of the Governor, whioh shall continue until a successor is elected and qualified. When elected, such successor shall hold his office during the residuo of the unexpired term. Sec. 11. The clerk of each county organized for judicial purposes shall be Clerk of the Circuit Court of such county. The Judges of the Circuit Courts, within their respective jurisdictions, may fill vacancies in the offices of county clerk and prosecuting attorney. Sec. 12. During their continuance in office, and for one year thereafter, the Judgesof the Supreme and Circuit Courts shall be ineligiblo to any other than a judicial office. Sec. 13. In each county organized for judicial purposes there shall be a courf of probate. It ahall have such probate jurisdiction, powers and duties as shall be prescribed by law. Other jurisdiction, civil aud criminal, may also be conferred on 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. 14. The Supreme, Circuit and Probate Courts shall be courts of record, and shall each have a common seal. Sec. 15. There shall be not esceeding four justicesof the peace in each organized township. They shall be elected by 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 preicribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unexpired term. Sec. 10. In civil cases justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdichon to the amount of three hundred dollars, which may bo 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. 17. Judgesof the Suprome Court, Circuit Judges, and Justices of the Peace, shall be conservators of the peace within their respective jurisdictions. Sec. 18. The style of all process shall be : " In the name of the People of the State of Michigan." Note -This article contains 18 sections. The correspouding article of the present constitution contains 35secUonS. Heven of these, namely, 24to34 Inclusive are transferred to the "Bill of Kights." The number of sectiona is further reduced by the mergence of sections 6 and 7 iu section 6, and sections 5 and 10 in section 5. Four sections, naniely, 16, 20, 21 and 23 are omitted from the amended article. The first of these, relating to circuit court commissioners is covered by section 5 of amended article X. Twoothere, 20 and 21, rellting to the time of choosinir circuit and probate judges, are omitted aa superfluous Section 23, relative to courts of coneiliation, is omitted, aa all the power conferred by it 18 covered bv the lasi (lause of section 1 of the amended article. The mms also stands iu lieu of the last clause of the correspomöng section of present constitution which provides that "municipal courts of cml and 'criminal jurisdútion may be establlshed by the legislature in cities." The principal changes are summarized alJ follows : j.-h.,t-Of the supreme court: One additional Inditeis providud for, and the terms of judges extended to ten vears. The clauses dcclaiïng who shall be ehief iuütice, anti providing that supreme judges may hold circuit court, are riew. Also that part of sectiou 'Sas tothe limitaüoa of appellate jurisdiction, mul the last clause of section 5. Also the provisión .luthoming the supreme court to appoint its cierta üy the present constitution the clerk of each county Avliere the supremo court is held, is clerk of th&'c'ond- Of the circuit courts: The present constitution allows an unlimited increase of circuits at any time: the amended article permita an increase only at Derioda of six years. Section 11 of the present v ,ns ïtution requires two terms of the circuit court to be held each year In all örganizëd counties, and four terms in counties of 10,000 inhabitants. Amended section 7 stand in lieu of this section. The words, " and u other circuits in case of a vacancy," at the end of section 7, is au important and nceded addition it having been held by sonie of the circuit court indices that under the present constitution a judge ' be assigned to hold court in a circuit where the iudeeship is f acant. The resignations of judges consequent upon the low salaries, cause frequent vaoanoièf and terms of court iu important counties have been thrown over for the want of a judge. The lust clause of section, authorizing judges of the suilreine court to hold circuit courts, is also pertinent to this poiut. The limitation as to appellate jurisdiclion ui section S is new, Third- Of probate courts : The clause in seotion 13, which sava that "other jurisdiction, civil and criminal, uiay'ulso be conferred on courts of probate," is niFourth-Of justices of the peace : The only change istheomission from seetion 15 (section 17 present eoMÜtutton) of the clause permitting an increase of tlic number "f justices in cities. AKTICLE VII. ELECTIVE FEANCHISE. 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 ; aecond - 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 lws thereof, six mouths preceding an election; Third - Every male inhabitant residing in this State on the twenty-fourth day of June, one thousand eiglit hundred and thirty-five. Seg. 2. In time of war, inaurrection or rebelliou, the right to vote at such place, and in such inatmer as shall be prescribed by luw, shall be onjoyed 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 towuship or ward of which thoy ara residents. The Legislature may provide by law tor allowing townships to hold their electious in any city wholly or in part within the limits of such townships. SEC. 3. AU electisns shall be by ballot, except of such township ofticers as may be authorized by law tu bo otherwise choson. Sec. 4. Evory elector, in all cases except treason, i'elony, misdemeanor, or breach of the peace, ühall be privileged from arrest during his attendance at election, and going to and 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. 8eo. 5. No elector shall be deemed to have gained or lost his residence by reason of absence therefrom in the service of the United States or uf this State, nor whilo ongaged in tho 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 coufined in any public prison. Sec. (5. Laws may be passed to preserve the purity of elections, and guard against abuses of the elective franchise. Sec. 7. No soldier, seaman, or marino in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed in any place within the same. Sec. 8. Any inhabitant of this State who may hereafter be engaged in a duel shall be disqualified from holding any office and [from] voting any election. Note.- The first sectiou of this si-tule hu been narrauged and ehanged in phraseology, but doos uut affect the qualifications of doctors. The last i kuise of seotion 2 is uew. ARTICLE VIII. STATE OFFICERS. Sectiox 1. There shall be elocted at each general biennial election in November a Secretary of State, a State Treasurer, a Commissioner of the State Land Office, a Superintendent of Public Instruction, an Auditor General, and an Attorney General, for the term of two years, each of whom shall keep his office at tho seat of government, and shall perform such duties as may be prescribed by law. Sec. 2. Their term of office shall commence on the first day of January following their election. SEC. 3. Whenever a vacaney shall occur in any of the State offices, the Governor shall fill the same by appoiutmont, by and with the advice and consent of the Senate, if in session. SEC. 4. The Secrotary of State, State Treasurer and Commissioner of the State Land Office, shall constituto 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 dotermine 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. Sec, 5. 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 Cauvassers, the Legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the Board of State Canvassers is contested, the Legisluture in joint convention shall decide which person is elected. Notk.- There are sonie slight changos ofphrascology only in this article. ARTICLE IX. SALARIES. Sectiok 1. The Governor shall receive an annual salary of three thousand dollars; the Circuit Judges shall receive an ennual salary of two thousand five hundred dollars ; tho State Treasurer shall receive an annual salary of two thousand five hundred dollars ; the Auditor General shall receive an annual salary of two thousand five hundred dollars ; the Superintendent of Public Instruction shall receive an annual salary of two thousaud dollars ; the Secretary of State shall receive an annual salary of two thousand dollars ; the Commissioner of the Land Office shall receive an annual salary of two thousand dollars ; the Attorney General shall receive an annual salary of two thousand five hundred dollars ; they süall receive no fees or perquisites whatever, for the performance of any duties connected with their offices. It shall not be competent for the Legislaturo to increase or diminish the salaries herein provided. The Auditor General, the Superintendent of Public Instruction, the Secretary of State, the Commissioner of the Land Office, and the Attorney General, shall each reside, during the term of his office, at the seat of government, and shall psrsonally superintend the duties of his' office. Note. - The changes of salaries proposed will be best shorn by a tabulated statement, as ftrilows : Present. Proposed. Governor, ... $1,000 $3,000 Circuit Judges, - - - 1,500 2,500 State Treasurer, - - 1,000 2,500 Auditor General. - - - 1.00o 2,500 Superintendent Public Instruction, 1,000 2,000 Secretary of State, - 800 2,00 Commissiouer Land Office, - S00 2,000 Attorney General, - - - 800 2,500 The last sentence of the ariieio, requiriuff tho State officers to reside at the capitol, and persunally áujjeív int end the duties of their offices, is uew. [TO BE CONCLUDED NEXT WEEK.]


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