Extra Session Laws

Puring the extra session oL the legislature eight bii;s were passed. Four of these were presenled by the military department n view of the prospect of war. Tney were the bill making a $500.000 war appropriation, the bill increasing the membership of companies of the National guard from eighty to 350, the bill making an appropriation for the naval reserve and Increasing its membership, and a bill exempting the military from prosecution for debt "Juriïig service. Following are the concurrent resolutions and bilis as thay were passed: CONCURRENT 1ÜXUXT1ON Exirc8sinjt Sympatliy for tlie Cuban I'ntriots in Their SI r agirle for [ndejiendenoe Whereas, The Michigan legislature in regular bienr.ial scssion assembled, one year ago, expressed its sympathy for the Cuban patriots in their struggle for independente: and Whereas, War Btill continúes on the island of Cuba. presenting the most horrible, pltlable and revolting conditions, and calllng forth expiessions of pympathy from all mankind; Resolved (lht senate concurring), Tbatsour sympathy tor these afflicted people is hereby again renewed and our hopo reaflirmed that war, desolation and deafh wil) speedlly end on that unfortunaK island and the boon of independenee be again an established fact; Resolved, further. That we express our highest appreclation of the policy pursued by President MeKInley; assert our confldence in bis raim, prudent, patriot V leadership; congratúlate congress of the t'nited Ptates on the unanimiiy of rheir tourageous action taken on the emergency war measure. and hereby asure the national administration that shoiiki war come, Michigan will qulckly respond as in "Sixty-one" and furnish her quota of brave and loyal sons to keep step to the music of the Unicn. Resolved, That a copy of these resolutlons be forwarded by the Becretary of state to President McKinley and the pr( sident of the national senate and the speaker of the house for communication to those respective bodies. Appnved April 13, 1898. CONCl'RI! EM IÏESOLUTION' Relative in the Printtng and Binding of Uir OüW-i:l Journls oí' tile Iegishit vp Sewlaa of 188. Kesoived by the lioupe (the pénate concurring), That there sha'.l be printeil and bound in the usual form and style o.OOO copies of the official journal ui" this extradordinary seeslon of the : isliiture; and Resolved, That sUcS number of c:ipies of said joumals as shall remain, after the distributinn provided by the law shall have been made, shall be disposeel of as the board of state auditors shall determine. Approved April 13, 1898. CONCWUHENT RESOLtTION Diroctins; the Board ot' State Auditors to Settlc and Ailjust the Claim of the Military Drputment for Clerical Services, Stalionery anti l'ostage, for Investigating Bonoty Claims, Isgning Ccrtiflcates f Service and Furnlshing Data and Records of Service to the Soldier of the lint War fr Ule Years 189T and 1898. "Whereas, It appears that a large part of the work of the adjutant general's office consists in investigating bounty ?laims, furnishing certifleates of service and statements of war records to the soldiers of the last war, and none of the military funds at the disposal of the military department are availablc for such work; and Whereas, The said work has beenconducted for the current year and the year 1897 at the expense of the National guard fund; Resolved, by the house (the senate concurring), That the board of state auditors be and is hereby authorized and directed to investígate and examine inte the expense of such work, and determine as to what amount of the same should rightfully be paid from the general fund for the years 1897 and 1898. And if upon examination of the facts, it is found that the National guard or other military funds of the state ought to be credited with an allowance for such work, the board of state auditors is authorized, empowered and directed to draw their warrant for such sum upon the general fund. the amount of the same to be placed to the credit of the proper military fund. Approved April 15, 1898. AN ACT l'roviding for Suumitting to the Qualified Electors of This State, the Qaestlon of a General Revisión of the Constitiition oí the State of Michigan. The people of the state of Michigan enact: Section 1. That Whereas, t is provided by section 2 of article 20 of the constitution oL this state that at the general election to be held in the year 1866, and in each sixteenth year thereafter, the question of the general revisión of the constitution shall be submitted to the electors qualified to vote lor members of the legislature; and Whereas, the current year is the year that this question must be submitted to said electors; Therefore, in obediente to this mandate of the constitution, the secretary ■■■' ia hereby required to give notice ol the same to the sheriffs of the sevenl cuuntics of this state, the time prior ti said election required by law and the sad sheriffs are hereby requlred to give the several nottces required by law. Each person, voting on said question, shall have written or íaX roí ba"Ot SS DWiaed b stituuons"1 r6ViSi0n f the CnAnd every person voting against said quest.on shall have on his ballot in Uke manner, the words.ümln-oT revision ot the The ballots shall in all resoects be canvassed, and returns made in the Bame manner as they are made for the state offlceis named on said ballot. Approved April 15, 1888. AN ACT To Ainend Section 2 of Act 140 of the Benion Lais of 1807, the Same Hein); Chapter 10:5 of Howell'a Annotated Statutes Ralative to the Licengiug and Taving of Express Companles Incorporated in Otlier States. The people of the state of Michigan cnact: Section 1. That section 2 of act No. 140 of the session laws of 1867, the same beï.ng chapter 103 of HowSH'B annotated statutes. relating to the licenaing and ta..-:ing of express companies lncorporated in other states. be and the same is amended to read as follows: Seotion 2. It shall be a condition precedent to the issuing or the renewal of the annual certifícate or license by the state treasurer, that the company, aasooiation or individual making the statement, shall pay into the stut' treasury a specific tax of 5 per rent. on the gross amount recelved by sakl company. association or individual, ivithin this state, for the year included In the report provided for in seotion 1 of thi? art. vh:ch said speciflc tax raay be recovered in any court at the Buit of this state. It shall be the duty of the state treasurer to fiive nis receipt for all meneys paid into the state treasury under the provisions of this act, and to issue as many copies of the annual certifícate or license as may. be deBtred by said company. but not more than one for each agent or place of business of said express company. association or individual in this state. Approvi cl April 15, 1S9S. AN ACT To Stmpend tlie Refandinj, by the Auditor General, of Moueys to Parchase of Certaln Tax Tltlea Held Invulid, and to Prohibit Proeeedings for the Kecovery of tlie Same. The people of the state of Michigan enact: Section 1. That hereaCter. and until the kopse of ninety days from and after the close of the session of the legisiature of 1899, no action shall be brought to compel the auditor general to refund any rr.oney to the purchaser of any lanas for the taxes delinquent thereon, where sueh sale of such lands has been declared invalid by reason of said lands having prior thereto been bid in to the state, and continuing thus held while included n the auditor gtneral's petition for the subsequent year. the sale for whlch was declared invalid. Section 2. That. during the time above limited. no money shall be refunded to the purchaser of any lands for the taxes delinquent thereon, where such sale of such lands has been declared invalid for the reason expressed in section 1 of this act. Section 3. The operat-ioncf all acts and parts of arts in any way inconsistent wlth the provisions of this act is hereby suspended. This act is orderyl to tak. immediate effect. Approved April ir,. IV.U. AN ACT For the Protectlon of Kotnesteaderfl. The people of the' state oí Michigan enact: Section 1. That hereafter, and until ' the lapse of ninety days from and after j the close of the session of the j ture of 1839, no action shall be brought to oust or dispessess any person in possession of, and actually settlcd upon, lands subject to entry. or by the commissioner of the state land office supposed to have been subject to entry, under provisions of section 131 of act No. 206 of the public acts of 1893, and amendments thereto. which were, under the provisions of said section, taken up and entered as homestead lands and certifícate issued by the commissioner of the state land office therefor. Section 2. All such actions now pending, and the operatlon of all acts or parts of acts inconsistent with the provisions of act are hereby suspended, until the terminatlon of the time above limited: Provided. however, That this act shall not be so construed as to prevent the recovery by any person, holding under such homestead proceedings, for improvements made either before or after the passage of thia act. This act is ordered to take immediate effect. Approved April 15, 189S. A.N ACT To Vratwt Members of the State Mililni, and All Cltlzena of the state of Michigan, in the Service of the United States, and Their Property from ISxecutlon, Selsnre and l.evy, and to Provide for the Continuance of Pending Snit in Law and Cliancery, in the Event of War. The people of the state of Michigan enact: Section 1. That all citizens of this state, while engaged ín actual military duty in the service of the state, or of the United States, in the event of war with Spain, as members of the naval brigade, national guard. or in the United States army, navy, or marine corps, or any other branch of service, shall not be subject to proceedings in this state for the collection of any debt incurred prior to, or during such period of service. Section 2. The property of such citizens, serving as above mentioned, shall be exempt from execution, levy, seizure, or attachment for debts contracted prior to, or during such service, and shall continue exempt for a period of six months after such service shall cease; except in cases where the statutes of limitations might opérate to make such debts or obllgatlons void. Section 3. This act shall not be construed as repealing any law of this state now in force upon the same subject. This act is ordered to take immediate effect. Approved April 15, 1898. AN ACT To Aniend Section No. 36 of Act No. 184 of the Public Ace of ,1893, Untill.rl " An Act to Frovide for the Knrollment, Organization, Eqnipmeot, Maintenanoe Iand Discipline of the Naval Militia of the State," Approved May 31, 1893, as Amended by Act No. 811 of the Public Acts of ÏSUS, The people of the state of Michigan cnact: Section 1. That. section Xo. 26 of act No. 184 of the public acts of 1S93. entitled "An act to próvido lor ment, organization, equipment, maintenanee and discipline of the naval militia of the state," approved May 31, 1893, as amended by act No. 211 of the public acts of 1895, be and the same is hereby further amended so as u read as follows: Section 36. For the purpose of providins the funds necessary for organizIng, maintaining and equipping the feu es of the state naval brigade, by law authorized and established, it shali be the duty of the auditor general at ihe time of apportioning the state taxes. io apportion among the several counties of the state each year, in proportion to the whole amount of real and personal property therein. as equalized öy the state board of equalization, a sum equal to one-half of 1 cent lui' each person whom it shall appear, by the last preceding census, was a resident of this state, whieh sum so apportioncd sliall be collected in the sanie marmer wltb other state taxes and shall constitute and be designated as the state naval militia fund. All provisions of law relative to the collection and disbursement of the state military fund. as by law established and created, shall apply to and goverr. the collection and disbursement of the said state naval militia fund. From said state militia fund it shall be and may be lawful for the state military board, with the approval of the commander-inchltf, to pay and refund all sums paid and disbursed by any división or divisions of the naval militia for expenses of the adjutant general's office or for freight or transportatiun of arms or other artieles of equipment. loaned or furnished by the United States government. No moneys except those expressly apportioned by law for use, support and maintenance of the naval torces of the state troops shall be em■ ployed for any such purpose, and ail moneys ralsed and appropriated for military purposes shall. unless otherwise expressly provided by law, be Seemed to be raised and appropriated for the solé and exclusive use, support and maintenance of the land forces of the state militia. This is ordered tn takp immediate effect. Approved April 15, 1S98. A N' ACT A-uthoi-izinir r AVar Loan anï Providlng: for tlie JHslmvseineiits of the Prooeeds Tliereiroin tnd for a Wiir I.oan .Sluiting; Fuud for Purpo8e of' l.iquitlating; the L.OHI1. Whereas, The United States has reaehed a crisis making it llkely that the president may cali on the state of Michigan for troops and for a naval contingent; and Whereas. It has become necessary for the several states to be prepared for all calis of a military nature made by the general government; therefore: The people of the state of Michigan enact: Section 1. That the governoï and state treasurer be and they are hereby authorized and directed, in the name and on behalf of the peop!e, and upon the faith and credit of this state, for til? purpose of organizing a national guard, a naval militia and the volunteer militia for the purpese of repelling invasión or de.'ending'the state an-.i nation in time of war against all em-mies ar.d epposers whatever. to purchase and eontract for a loan or loans for such sum or sums of money as may be necessary for the purpeses herein sperified, not exceeding $1,000,000 in all. on the must favorable terms that, in thelr jU'lgment, can be obtained, redeemable at the pleasure of the state at any time not less than five. nor nu. re thar. ten years from the firsi day of -May, 1898, at a rate of interest not to exceed 4 per cent. (4) per annum, payable semi-annually on the first days ot' May and November in each year. Such loans shall be known as the Michigan war loan of 1898. The proceeds of such bonds shall be credited to the war fund and shall be paid out in no other manner and for no other purpose than in this act specified. The principal, as well as the interest accruing upon the bonds issued under this act, shall be payable from the war loan sinking fund hereinafter provided for. Section 2. For the purpose of effecting the loan or loans by this act authorized, the governor and state treasurer are hereby empowered and directed to cause to be issued bonds of the state of Michigan from time to time as they may deern necessary in sums not less than one hundred dollars ($100) each to be signed by the governor and countersigned by the secretary of stateand state treasurer, with the seal of state affixed thereto, and the coupons for. interest thereto attached. Both principal and interest of all bonds under five hundred dollars ($500) shall be payable in the city of Detroit, and for principal and interest of amounts over five hundred dollars ($500) in the city of New York. The bonds shall be drawn ín favor of the auditor general, and when indorsed by him, become negotiable in such manner as the governor and state treasurer may deern expedient. Section 3. The moneys arising from the sale of the bonds, by this act authorized to be issued, shall be paid into the treasury of the state to the credit of the war fund, and shall be drawn therefrom upon the warrants of tho auditor general, which warrants, payable to the quartermaster general, shall be issued upon proper requisitions of the quartermaster general of the state, after the governor shall have certified that the amount stated in the requisition is needed for the purposes specified in this act. The moneys provided by this act may be used for the purpose of recruiting, enlisting, organizing, arming and equipping the military forces herein mentioned, and for the purchase and distribution of all necessary military and naval stores, whether of subsistence, clothing, pay, medicines, field, camp and vessel cquipage, avms, munitions, and equipments for such organizations of the National guard, naval militia and volunteer militia of this state as may be mustered into the service of this state, or of the United States, under the provisions of any law of this state, or under any cali from the president of the United States: Provided, That no moneys authorized by this act shall in any -vay be construed as applicable for the ordinary expenses of the naval militia or National guard, as contemplated by the laws of the state making direct appropriations for the general expenses of these organizathms. Warrants payable to the quartermaKter genera! may be issued by the auditor general upon proper requisitions of the ter general, certified by the governor as herelnbefore provided, for such amounts as they sliall deern necessary from time to time, and the expenditures ?t the money thus drawn by the quartei:i ister general, shall be aeeounted ior under the provisions of the general accounting laws applicable to such cases. Provided further, Warrants may be issued by the auditor general upon proper voucheis certified by the governor for advances made by the ijuartermaster general of the state for expenditures already incurred for the purposes herein speeifted. Sectior. 4, All claims and accounts accruing against this state for expenses and disbursements authorized by this act, shal) be audited and allowed by the state military board, in the same manntr that other military accounts are tiow audited and allowed, but they shall he kept in the accounts of the quarterniaster general, as a distinct fund, separate and apart from the other accounts kept by him. Section 5. The bor.ds issued under thi iet shall be numbered eonaecutivelv ar.d registered in a book provided for this purpose, whieh shall be kept in the auditor general's office. This register shall contain the date of tho bonds, the number, to whom issued, and the amount of each bond; also the date of redemption. number of bend, of w'hoin received and amount of e&èh bond. There shaü also be kept in the auditor general's office a register showing the date of the bcr.c!, the number, amount, date each coupon is due and the cancellation of such coupons as are paid, with reference to the number ol tho voucher paying the same. Whenf-ver any such bonds shall be paid. the same shall be immediately canceiled by the treasurer and the auditor general shall also keep a full record of all bonds taken up and paid, as provided abc ve. And immediately after the record shall have been made as aforesaid. the bonds so paid shall also be cancolled by writing across the face of each bond, which canceliation shall be signe'J by the auditor general and state treasurer. and such bonds thus canceiled shall be filed with the voucher a3 the basis of the auditor general's warrant for their payment. Section 6. For the purpose of providing for the payment of the bonds issued under this act, and the interest thereon, there shall be assessed on the taxable property of the state as fixed by the state board of equalization in the year 1896. and in each year thereafter until the several amounts levied under this act shall become sufiieient to extinguish the deht created herein. the sura of V of a mili on each dollar of said taxable property to be assessed and paid into the treasury of the state in like manner as other state taxes are by law levied, assessed and paid, which amount thus levied shall be credited each year to the war loan sir.king fund as herein direcbed: Provided, That sbould the last levy necessary under this act produce a credit to the said war loan sinklng fund in excess of the amcunt required tu pay all bonds and interest thereon, sueh excessive credit if any shall when all bonds issued under this act and all interest acerued thereon have been paid, be transferred to the general fund upon the books of the state. Bection T. The faith of the state is hereby pledged for the payment of principal and interest of the bond which may be assessed under the provisions of this act. Section 8. It shall be tlft duty of the jovernor, by and with the advice and recommendations of the state military board, to expend such part of the above Cund as may be necessary to recruit, enlist, discipline, organize, instruct and thoroughly arm and equip the military bodies in this act mentioned for such active service as may be required of tnem. Section fl. Xot lesrs than three months before the maturlty of the option of the state to redeem any or all of the bonds issued herc-under, the treasurer shall give notice by advertisement for one week in two daily papers and for four weeks in the weekly edition of the same paper published in the city of Detroit designating the time when, and the number of said bonds which will be redeemed and the interest on such bonds as are described in such advertisement shall oease from the date ?peclfied for the redemptloh of such bonds: Provided. That should the condition of the war loan sinking fund at the date aforesaid be such as to permit the redemption of only a portion of the lcjan, the bonds to be redeemed shall bedetermined bythe state treasurer in the following manner, viz: The treasurer shall cause numbers corresponding with the numbers of all bonds Issued under this act to be placed in a box to be provided for that purpose and shall, In the presence of the governor and auditor general, proceed to draw therefrom numbers of bonds equal in amount as nearly as may be to the money in the state treasury applicable to the redemption of said bonds. The numbers thus determined shall be the ones used in the advertisement herein provided: Provided further, That in case the treasurer shall at any time before the state is authcrized to redeem any of the bonds issued hereunder, have ar, opportunity to purchase any of said bonds at par with accrued interest thereon, he is hereby authorized to us; any funds in the treasury available for this purpose. This act Is ordered to take immediate effect. Approved 'April 15, 1898. AK ACT To Promote the Efficiency of the Michigan National Grard and Naval Mllitlaof the Mate, and to Provtde for the Organlzatlon of tlie Volunteer Militia, in Case ol Emerffency. The people of the state of Michigan enact: Section 1. That in case of threatened war or invasión of this state, or of the TTnited States, the governor of this state is authorized by the issuance of the proper orders to cause any or all the companies of the Michigan national guard to be increased to a strength of not exceeding 150 enlisted men for each company. Section 2. Whenever a company is increased in accordance with the preceding section to a strength of ICO men or more, such company shall be offlcared by a captain, one flrst lieutenant, and one senior and one junior second lieutenant. The non-commissioned offlcers of a company shall consist of flve sergeants of the line, and one $ary sergeant and eight corporals. When a company shall consist of over 100 men, there shall be eight sergeants of the line, and twelve corporals. In such case there shall be three musicians. Section 3. In case troops of the state of Michigan are called into the field, for the purpose of recruiting them originally and of keeping the organizations up to maximum strength, the governor may appoint and commission recruitingr ofh'cers and paymasters, and assign them to duty at such points in the state as he may desígnate. Such offlcers may be of any rank not higher than major, and shall be paid the pay proper of officers of like grade in the United States army and navy. Section 4. It shall be the duty of svich orïieers to enlist and muster recruits for the organizations from this state that may be in the military and naval service under any order of the president of the United States, and for those which are being prepared for such service. Such offieers shall organize, instruct, drill and discipline the troops and naval forces enlisted in such manner as they shall from time to time be ordered to do by the governor in accordance v.ith military and naval laws, regulations and customs of service. Secticn 5. In case the recruits so en,listed for the infantry arm of the service shall not be needed to flll the regiments in active service, or in case it shall bc advisable to organize volunteer regiments, the governor by and with the advice and recommendation of the state military board may erganize regiments of eight companies each, each company to consist of not less than 100 men nor more than 150 enlisted men, with the same nuniber of noncommissioned offieers and musicians, and the same number of company offieers of the same rank as are provided for in section two of this act. Kach regiment shall consist of two battalicns of four companies each. The field offieers of a regiment shall consist of one colonel, one lieutenant colonel and two majors. The staff shall consist of one surgeon with the rank of major, one assistant surgeon with the rank of captain, one chaplain with the rank of captain, one adjutant and one regimental quartermaster, each with the rank of first lieutenant. Skeleton regiments may be formed and recruited. The non-commissioned staff shall be the same as that of an infantry regiment of the United States army. The commisEioned ofBcers of regiments so organized shall be appointed and commisisoned by the governor. Regimental bands may be enlisted and mustered and shall conslst of the like number of musicians as the band of an infantry regiment in the United States army at the present time. Offieers and enlisted men shall be paid from the time they are placed on duty with the pay of like grades in the Dnlted States army. Artillery and cavalry and naval organizations may be enlisted and. in case they shall be, these anas of the service shall be organized in the same manner as the; regular establishment of the United States army and navy are organized in time Df war, and the foregoing provisions as to recruiting and recruiting offieers shall apply to their organization. Camp instruction may be ordered. Section G. Wherever the organization of troops or naval forces, under this act, is not herein specially provided for, sueh organization shall. as nearly as may be, conform to the laws, regulations and customs of service of thfi United States army and navy. Section 7. Whenever, in the directior. of the gevernor, the necessity for an increased strength of the companies of the Michigan national guard shall no ionger exist he shall 'reduce such companies to the maximum strength provided for under the laws in force prior to the passage of this act. Such reduetion shall be accomplished by mustering out all men unfit for service, and in the discretion of the governor all who shall apply for discharges. If these cases fail to reduce any company to its maximum strength under laws in force before the passage cf this act, then such enlisted men as shall be reeommended by their company commanders for muster out, shall be discharged. If four company offieers ptill remain to the companies, the junior second lieutenant shall be mustered out. All such musters out and discharges shall be honorable, unless reasons exist under military laws for musters out and discharges of a different nature in individual cases. Section 8. In case of a tie vote on an election for offlcers in any organization of the Michigan national guard, the proceedings at the election shall be at once returned to the adjutant general, and the eommander-in-ehief shall appoint and commission offieers to fill the positions for which such election was held; such appointments shall be for the same term as if such offieers had been elected, and the appointees shall take rank from the date of appointment. Section 9. In case the congress of the United States shall pass laws applying to the military or naval forces of all the states, or the president shall cali for different organization of treops from that herein provided, this law shall be in force only so far as it is not in conflict with the laws of the United States, or with the cali of the president. In either case above mentioned, troops shall be organized in accordance with the laws of the United States or the president's cali as the case may be. Section 10. Officers of the line, staff and general staff not on duty outside the state may be assigned to active duty in connection with the organization of troops under the provisions of this act in accordance with their rank, and when so assigned shall receive the same pay as officers of like grade in the United States army. Section 11. All acts and parts of acts heretofore passed by the legislature of the state of Michigan in conflict with this act are hereby repealed. This act is ordered to take immediate effect. Approved April lij, 1S9S.