Press enter after choosing selection

State Legislature

State Legislature image
Parent Issue
Day
2
Month
March
Year
1846
Copyright
Public Domain
OCR Text

Monday, Feb. 16. Senate. - Afternoon. - The question being on the passage of the joint resolution relativo to certain moneys stolen from the Treasurer of Shiawassee county, was taken and carried, yeas lO.nays 6. The Senato then went into committee of the whole on the revisión of the laws, and considered chapter 14 of title 3. Tuesday, Feb. 17. A number of petitions were presented and appropriately referred. Mr. Howell, from the committeoon the judiciary, mode a written report on the subject of giving to colored persons the rights of suffrnge and olher privileges now enjoyed by whites, and in oppoition to the prayer of the petitioners. - The committee wero discharged, and the report ordered tobe printed. The Senate took up the bill to amend the charter of the city of Detroit, which having been read the third time - passed. L{The Senate then took up title three of revisión of the statules, and the question being on the amendments made thereto in committee of the whole. The amendment reducing thesalary of the Treasurer from $1000 to $800 was not concurred in. The amondment increasing the salary of the Auditor General to $1200 was agreed to. The amendment restoring the board of nuditors of Wayne county, stricken out by the House, was agreed to. The question being 09 ogreeing to the omendment which struck out all that portion of the statutes which relates to Notaries Public, the same was lost, and the sections were restored.Mr. Allen oñered an amendment reducing the salary of the Governor to $10(Xí. Lost - yens2, nays 16, (Messrs. Alien and Dentón in the affirmative.) House. - A number of petitions vvere nresented and referred. The bilí ceding jurisdictíon to the Uniíed Siates over the military re.servation nt Fort Gratiot. The House, in committee of the whole, considered title 7 chap. 27- Of laying out,altering and discontínuing public and private ronds, nnd chnp. 26 - Of the obstruction of highwnys, encroachments thereon and penalties. Aftkbnoox - The House went into committee of the whole on the revisión. Title 6, chap. 27 - of the erection, repairing and preservation of briclges ; - chap. 28, miscellaneous provisions of a general nature ; chap. 29, of the regulation of ferries. Title 10, chap. 55. - General (provisions relative to corporations. Title 7 - Of tho regulations of trade in certain cases. Feb. 18.Senate. - After the presentation of petitions and repons, the Senate, n commitlee of the whole, spent the forenoon in consideraron of title 4 of the revisión. Afteknoon. - The Senate ngain resumed tho consideration, in committeeof the whole, of tille 4 of the revisión, and uftor sonie time spenl tliereon, rose and reported the same back, when it was referred to the judiciary commitlee. The Senate took up tlie bill to abolish the office of Acting Commissioner of intenial improvement. Mr. Thurber moved its indefiinite postponement. Lost, yeas 5 nays 12. Mr. T. then moved to strike out the words Attorney Genernl and inserí Auditor General, as a member of the board of internal improvement. Agreed to. The bill was then laid on the table. House. - A large number of petition,s principally oí a private and local nature, were presented and referred. The bill in relation to the salo of the Central Railroad was taken up and made the special order of the day for Friday next. Title 7, chap. 30 of tho revisión, relating to regulations respecting provisions, was taken up and amendments reported, concurred in. The amendments made in committee of the whole to title G- of highways, bridges nnd ferries, chapters 24, 25 and 26, were also concurred in.Afternoon. - The House fook up for consideration the amendments made in coramittee of the wholelo title 6, chops. '28 and 59 in which they concurred, and the title was ordered to be engrossed and read a thírd time. The House ihen proceeded to consider the amendments made in committee oí the whole on title 10, of corporations, chapters 52, 53, 54 and 55, which wcre concurred in and the title ordered to a third reading. Title 7 was taken up, and chapter 30, relatingto the packing of pork, was amended, and the title ordered lo a third reading. Tho special order of the day being the bill to establish the county of Detroit, and tho question being on ordering the hill to a third reading, after a lengthy discussion, the bill was referred to a select committee. Feb. 19. Senate. - Mr. Dentón presented a pctition from John Hascall and 26 others, for the abolition of all laws for tho collection of debts hercafter contracted . Keferred to jtidjciary committeo.The Senate then went into commiltee of the whole on title 8 of the revisión. The Senate again went intocommittee of the whole, on title 7 of the revisión :f the laws, and continued therein most jf the afternoon, when the commiltee rose and reported the samo back to the Senate. The amendmenls to strike out sections 28 and 29 which gives the voters at a ownship election, the right to vote for or ïgainst, and determine whether license shall be granted or not for the sale of spiritous liquors, was carried as follows: - Yeas - Messrs. Coe, Dentun, Fenton, Kibbee, llobinson, Smith, Thurber, Williams - 8. Nays - Messrs. Chipman, Green, Hale, Howell, Liltlejohhi Maynard, Kix, Yi3eto- 8. The vote being a tie, it was decided in favor of striking out by the casting vote of ihe President. The tille was then rcad the third time. Title 8 of the revisión was taken from the table. Mr. Howell o fie red an amendtnent to tliat portion relating to medical societies, to the end thntnotliing therein contained should prevent any person not member of a medical society, from recovering the value of bis services, unless ihe person so practicing shall falsely represent himself as a duly ücensod medical practitioner. Carried, yeas 11, nays 4.House. - Mr. Dtinham presented a petilion from 29 citizens of Clinton county for a law muking Frosccuting Attorneys Hable to pay costa wherc their indictments fail for want of being properly drawn up. A message was received from the Senate with title three of the revisión with amendmeiits. The quostion being on concurring in the amendment made by the Senate increasing the salary of the Auditor General to 81200, after some discussion the title was laid on the table. The bill to amend the charter of the city of Detroit was passed. The apportionment bill was considered in commiüee of the whole, and reported back with amendments." Aftehnoon. - The apportionment bill being under consideraron and the question being on ordering the bill to a thirc! reading. An able and protracted discussion ensued when - The question was taken and the bil! ordered to a third reading by yeas 83 nays 11. ön motion of Mr. Walker, the rule was suspended and the bill read a thirc time and passed. Friday, Feb.20.Senatk. - Mr. Dentón presented a petítion from the students of the Michigan Universit)', íbr the incorporntion of the the Alpha Nu Society. Referred to committee on public instruction. The Sennte then j-esumed the consideration of the amendments made in committee of the whole to ihat portion of the revisión of the laws which relates to medical societies. The Sennte then went into committee of the whole, on tilles 6 and 7 of the revisión, and spent the remainder of the forenoon therein. Apternoox. - The Senate went into committee of the whole, on the revisión of the laws, and spent most of the afternoon therein. House. - The House went into committee of the whole on the special order, being the bill to authorize the sale of the Central railroad, and to incorpórate the Michigan Central Railroad Company, Mr. Webster, in thechair. The bill being read through by the Clerk. Mr. Noble oífered an amcndmen.t to the first section, to strike out of line 12 the words "but if suedat law, il shall on... t i ly bc m a court ot record. Mr. N. said hesaw no reaëori why corporations should bc exempt f rom the operation of the ordinarv laws of the state. Mr. N. recapitulaled the privileges given to the corporation, and contended that f this clause was not stricken out, in the case of a poor man, unless bis claim amounted to one hundred dollars, hc would be left without remedy. Mr. Hand was opposed lo the amendment. The privileges given them wcre necessary for the salety nd permanent character of the road, and the lacilit.es given them would be ultimntely for the benefit of the people by facilitating their business. In reference to the effect of the amendment, thecompany cannot be omnipresent. They might have an agent in every county to attend to every jusice court. The party is allowed to get full cosls though his claim be less than one hundred dollars, which they have not undcr ordinary cases by the lá.w. The remedy is more ampie than a justice court. Mr. Toll said the gentleman from Wayne had argund that thero was nothing in the clause that would infringe on the rights of the citizens. Tlm would cause a delay of juslice which would be an nfringement. He hoped the amendment would prevail.Mr. Groves, whilc n favor of passing i bilí with liberal provisions, was in favor f the amendinent, as he considered it jecessary to protect the right of the cilir,ens. Mr. Peck would define bis position. - ríe was in favor of the sale of the Cenral road, and in the main of the bill, but ie was also in favor of the atnendment jffered by the gentleman from Monroe, The clause, if retained, would tukc this sorporation from the ordinary operation rf the luws. This would be taking nway Ihe rights of the citizon by taking from hinl his opüon of theconrt in which he mny seek his remedy. The motion to strike out provailcd. Mr. Glen moved to nsert a provisión to limit tho oompony to railroad and transportation business which was adopted. Mr. Noble moved to add brokerage to banking from which the company wcre prohihjled, which was carried. On motio.n, tho committee rose and reported pxogress. Afternoon. - The House went iuto committee of tho wholcon the bill to. anthorize the sale of tho Central ailroud, Webster in the chair.Mr. Andrews moved to amend tho section by adding, and threo hundred and ihirty-eight tliousand dollars to the two million, the proposed price of the road; and also, to strike out five hundred dollars and insert seven hundrod and fifty thousand dollars, tho sum to be paid previous to the company taking possession of the rond. Mr. A. said he saw no rcason why the state should not get the cosí of the road. Mr. Hand said he should liko to sell his oíd hats at cost bul unfortunatcly he had to give them away. Mr. Andrews said the road was a different matter to an oíd hat. This road was growing better every yenr. Every man thal has sense must appreciate this rcad is growing better every yoar. Mr. Walker said the question of valué mighi be a matter of fancy. But the question of more importance was liow much can we get for tho road? lfwe were toget into it as a matter of valué ; afier it has been progressing in valué for so many years, we íind tho road minus instead of plus, in regard to profit. Il is in vain to go into the question of valué, ít has none in the hands of the state e.cept in imagination. If we had un offer of one million and could get no more, 1 would go for the sale. The question is, shall we sell it for the most that isoflored for it 1 If any gentleman will salisfy me that wo can get any more than has been oflered, and which we are toldis the mnvimum they will give.I will gó ' to sell them to those that will more. - i I am disposed to take all we can get. - i Perhaps the purchasers may make thingof it, bul I am sure it is better to . take what we can get, and dispose of the rond, than raise the price wilhout having a purchaser to take the road at the price fixed. It istrue that the Auditor will teil us thatso much has been expended - it ppears so in dollars and cents; but have hose dollars and cents been expended 1 Whodoesnot know that we have paid for thls road in a kind of currency - varrants - which wonld not bring over ifty cents on the doUar at the moment hev were puid by tip contraclor. Let gentlemen look at llrnt when they lell us we are selling the road for less than cost. The Auditors booksdo not show the cost, and will gentlemen say we must sell al cost when the road is worn out, and wil any gentleman teil us that the superstructure is now or that the iron is new ' Those gentlemen will seo from the re port of the commissior.er that the road i dilapidated, and rnust be renewed before it can be worked to advantage. The motion to increase the price wa put and lost.Mr. Hand ofiered an amendmení to orovide for payment of a lien for iron purchased for the rond. Mr. Noble moved to amend an amendment requiring the balance of ihe 500,000 dollars to be paid in state scrip within 60 days after the passage of the act. Mr. Hand said the object of the motion was too obvious to need comment. Mr. Nuble urged the propriety of the amendment, which was put and lost, and umendment ofiered by Mr. Hand carried. Mr. Noble moved to amend by striking out the word grant, and inserí release, with other collateral amendments to correspond . Mr. N. argued that the Stnte had not the title in fee, but simply held under conditions, and thnt the section imparted title under which the state woulü be liable for any amount of damages for the right of way on the whole line of road, and sustained his argument by an examination of the deeds granting the right to the state which he contended did not givo the power to sell, and that the rights of parties would be resumed on delinquishment of the road by the state, and that the lands would revert to the original owners.Mr. Hand went into an elabórate argument in opposition to the posilions t ken by the gentleman from Monro, and e contended that the section conveyed only the rights of the state and did not render ihe stnte liable for failure of tille, v and also that the state had good title so far as the road wasconstructed. the grant F being made by the pnrties lo the state to hold forever on condilion that the road ■ was built within ten years. Th e re was no condition tlmt the state should maintain the road. The condilion hnving been fulfilled ns fnr as the road husbeen constructed, the state held in fee. Mr. Ames followed, nnd by a legal ! gvment, sustained the opinions of Mr. , Hand. The motion was lost. , Several other nmendmenls were proposed and rejected, when the committee rose and reported progress. The House adjourned. Saturdny, Feb. 21. Senate. - Mr. Sniith, Trom the committee on public instruction, reported a bilí to incorpórate the Al)ha Nu society of Michigan University, which was read twice. Tho bilí lo incorpórate the Adrián joint stock church cornpany, was rcad a third time and passed.Mr. Smith, f rom the committ8O on Public Instructiou, reported a resolution, which was luid on the table, inslructing the Board of Regents of the University to examine into the geological, mincrological, zoological and botanical departtnenls thoreof and report at its earliest convenienoe the number and condition ol the specimens in each of the dopartments. House. - Tlio House went uto commiltee of the whole on the bill to nuthorize the sale of tho Central rail rood. Amendments were mado introducing the names of the villages of üextcr, BattleCreek, and some othor villages on which the line of the roud is limited. Mr. Andrews moved to strike out the words Lake Michigan and insert, thro' the village of Paw Paw lo tho mouth of i the St. Joseph, and thence through New Buflalotothe Southern boundary of the State of Michigan. An interesting 1 bate ensued, in which not only the propriety of the propased amendmenl was discussed, but the general features of the bill were animadverted upon and 1 tions urged by Messrs. Noble, Andrews, Groves and Hawley. T!ie niotion at i vea Aptkrnoon. - A conimunication wasannouuced from the committee of arranjSfemenls forthe celebration of Washington?s birth day, beingan invitation to ihe House to join in the ceremonies. The IIouso then went into a committee of the wlmle on the hill lo authorizc the Eale of the Central Railroad, Air. Webster in the chair. Mr. Noble oftbred nn timendment to section 6, to strike oul the words not more tlian G000 foct distam from Woodwnrds Avenue. Mr. N, was opposed to 1 onding the aid of the le.'islature for what might be supposed u speculative movement. With the powers of Ihis company speculaling on the carryinotrade of tliu whole country, with those full pnwers rcspocling storage and warchonsinj and íransportatíon on tho lakei', they wold destmv that clasu of business men who had done o mnch towards eslablishing the prnsperily of the city of Detroit. Dut he hnd no sympaihy wiih one clas9 of men over anothor, but sini}ly consiilercd it in its liability to effect the interest of ihe state. It will strike out of the assesnble property of tho city, a million of dollars. Yon destroy the business property of the city, nnd though gentlemen mny say you introduce o'.her prnperty ofequal value; but what wül they pay? Half per cent on their capital, when this company shall liave perfected their road and completed their orks and gone into successful operatinn, and when one by one the business men of the cityaro diiven frorn your wharvee, and no deposite for your produets bot whot is n the hands ( of the compony. Then we shall fcel ihe iron grasp of tho corporntion. By destroyine . :hese men, this mammoth power will extern! itself to ovcry part of our etate. Il should bc ] left and left witliin this city. ] Mr. Walker said the genüeman's sermón had no applicalion lo the text. He did not see how this provisión would destroy the ciiy, or how the striking out would save it. 1 have heard it asserted before, that if the railroad shonld be extended to the river, a preference would be givcn to the company which would destroy the forwarding business. He considered no odventitious advantogea possessed by forwarding merchanis by the raüroad being terminated a distance from the river as n reason why they should alwajs enjoy those eilvantagc8. The profit thrown into thei hands s so tnuch tnken from the pockels o those who liave their flour dragired throtig the mud to iheir store houses. By a provi ion of the bill this company will store prodnc for a certain tiuie for nothing. It may Icpso the advantaces of the forwarding merehants and of the carmen which have heen a heavyax upon the producer. He vvould only renark ttint Ihe public works were projected iot for the benefit or to promote the exclusive )usines8 of forwnrding merchants, but for the enefit of the peoplc, and f they are stibjecle] o burdens on account of the present terminus, hat burden ought to be removed, althongh it Tiay take away the advenlitious benefits of o privileged few, who have the power to tax ihe whole comtntinity. The proposed amendment was lost. Mr, Noble offered an amendment that the company shall pay all assessed damages before toking possesion of lund for railroad purposes. Mr. Hand esid this might be prrper ifit was for the incorporation of a company where no road had been built, but in this case the operations of ihe company might be delayed to the injnry of the public. The Speaker proposed to ndd, ns hereinnfter provided. He eaw no objection to the amendment. The consti'.ution provides Ihat no private properiy shall be tnken for public use without compensaron. Did not pee how compensa - tion could be mndo unless tliev nnv Tor it.Mr. Walker ojposed (lic amcm!ment which ivns lost. Mr. Andrews, ofiered an omendment relativo lo tlie lino being diverted at the western end, which was nrgatived. Several nmendmcnts ofiered by Mr. Noble were rejected. Tho commiitce progresscd to the lTlli ?ection when they rose and reporled progresa, and the House adjouriied.