Gambar halaman
[merged small][merged small][ocr errors][merged small]
[ocr errors]
[ocr errors]
[ocr errors]

that very few localities have availed charter for their purpose. But, why which seem to weigh so heavily upon themselves of the privilege of organ- may not villages and cities organize the mind of my friend from St. Joseph, izing under that law; or if they have, under a general law as well as under a (Mr. STOUGHTON.) I understand very they have not found it adapted to special charter? If they can then one well the difficulties under which these form a perfect organization. Why? general law will suffice for the entire municipal bodies labor, when they are There are defects in that act. One State; and the time which would be formed under general laws alone. I defect is that it requires three hundred taken in passing that general law would concede that it is a sort of iron rule. inhabitants to live within the compass be all the expense which the State But if my friend will look at the secof one square mile. That would ex- would incur to furnish the means for tion as reported, to which it is proclude a great number of villages which the organization of every city, Village, posed to add this amendment, he will are not so compactly peopled as to come and township for all time hereafter, in- see that that iron rule is relaxed, and within that provision.

stead of losing eight or ten days each that the Legislature is to be authorized Another suggestion may be made in session in acting upon these particular to confer upon townships, incorporated reference to that law. So many locali- and special applications.

cities and villages, and upon the boards ties apply to the Legislature for special As I understand the learned gentle- of supervisors of the several counties,

charters, that attention is not drawn to man from St. Joseph, (Mr. STOUGHTON,) | legislative powers to a certain extent. • the general law upon the subject. For he regards a Legislature as properly Now, II I understand the two proposta

that reason, it is not deemed of suffi-employed in legislating to pass these tions, the effect of adopting them will cient importance to be made perfect in special charters, and that if they are be this; that by a general law, a mere its provisions. If every locality was re- not so employed it would be well to skeleton will be provided for the orquired to organize under that act, then, I abolish the Legislature. Sir. I think Iganization of these municipal bodies, whenever a defect was made manifest, this is mere. assumption, without due and then sufficient legislative powers it would be removed by additional reflection. When the Legislature is will be conferred upon them to meet legislation to perfect its provisions. It'employed in passing a special charter, their own wants. For instance, if the would be done just the same as was they are legislating for only one small general law provides that the people of done in the case of the general railroad, part of the State of Michigan; they are, any locality who desire to organizé. law. As all organizations for railroad not legislating for the people at large, themselves into a city or a village, shall purposes must be made under the gen- but only perhaps for a single township, I get together and by a vote elect their

eral railroad law, attention is drawn to, or for a particular four-corners. No mayor or president, or whatever he : the provisions of that law. Whenever body is interested in the passage of may be termed, their clerk and treas

it is found defective in any particular, that special act, except the people who urer, and such other officers as in their the Legislature is applied to, and a live in that immediate neighborhood. judgment they may need, that frameremedy is provided.

Is it proper that the Legislature of work will be adapted to all parts of It is said that capital has been kept this State should meet annually to pass the State.. And if a city organized in out of this State, because we have acts which concern only these little lo- the south or the north, or the east or abandoned the policy of granting specalities? If so, then they might sit the west, wishes to operate in some cial charters. If I understand the po- perpetually, and they would have particular direction different from some sition of the learned attorney general, legitimate work of the character recom-other city, or municipal' organization, (Mr. STOUGHTON, it is that this Con- mended by the gentleman from St. by using the legislative powers which vention should not only refuse to pass / Joseph, for every day in the year. Cer-may be conferred upon them by the

this provision, which would require tainly the people of this state are not Legislature, they may provide for what.:. general laws for the organization of prepared to engage in such a system of ever they need; and the Legislature municipal corporations, but we should legislation as that.

. .. can confer upon them sufficient legislaalso abandon the policy of requiring The amendment I have offered is tive powers for the purpose. It is not other corporations to organize under designed to relieve the Legislature of proposed to cut off this power of leggeneral laws. If his argument is worth this burden of local legislation. I do islation, but merely to take it from, the anything for the purpose for which it not urge it upon the Convention be- Legislature of the State, and confer it Was employed, it certainly goes to that cause I have any special interest in the upon a legislative body nearer at home, length. In that view of it, I have no matter. I shall be quite willing to where these organizations exist. That reply to make, further than this; that abandon it when any reasonable obiec- is all we desire to do, and I believe it i it is the settled policy of this State to tion can be pointed out to it. In look- will result in a very great blessing to require corporations to organize under ing at this section of the Constitution, the people.: general law. The reasons for that pol- and similar sections in the Constitu- Mr. CROSWELL. :1 move to

icy are so obvious and convincing, I tions of other States. I find that pro- amend the amendment by striking out :: that they have commanded the approvisions like the one I have offered, are the word “cities," where it first. occurs, ... val of the people of this State. That contained in the constitutions of Illi- and also strike out the words "except

has become the settled policy of this nois and Ohio; in neither of those cities containing only ten thousand in... State; the settled policy of this State States can special charters of this habitants;" also add to the section

is decidedly opposed to the argument character be granted. In those States. I the words, "no city shall be inof the learned attorney general... all these municipal organizations have corporated with less than seven

Although the Legislature have the to be made under general laws. If that thousand inhabitants, nor unless the power to pass general laws, not only practice works well in those States, people thereof, by a direct vote upon for the organization of townships and there is no reason to suppose it will not the question, shall have decided in villages, but also of cities, they have work well in this state. And until favor of such incorporation. The not passed such a general law, and some other objection is suggested, I amendment, if so amended, Wu read: there will be no very general demand shall feel inclined to vote for the : The Legislature shall provide by general for it, so long as each locality can ap- amendment.

law for organizing townships and villages, ply to the Legislature, and find the Mr. FERRIS. I do not want to say on such couditions and subject to such regu; Legislature entirely willing to accede but very little in regard to this amend- acto

lations as may be prescribhd. No special

acts creating any such organization, or defin. to their request, and pass a special ment. I can appreciate the difficulties ing their powers, shall hereafter, be passed by

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]





the Legislature. No city shall be incorpo- vinced me that there are several objec- the second clause, prohibiting the Legrated with less than seven thousand inhabit-tions to the ador

bitions to the adoption of this amend- islature from passing any special acts ants, nor unless the people thereof, by a di- | rect vote upon the question; shals have ment. If I did not think it would for that purpose. decided in favor of such incorporation.” I work injuriously, and operate badly in Mr. P. D. WARNER. I think I

Mr. WITHEY. I call for a division practice, I would favor it. But I am had the honor, or at least I took the of the question upon thò amendment of the opinion that it would be better responsibility, as a member of the comto the amendment. I ask that the to leave this matter to the discretion of mittee on the Legislative Department, vote be first taken upon the motion to the Legislature."

to suggest as a section of this article, strike out.

Mr. GIDDINGS. I would ask the the following: The CHAIRMAN. A division of the gentleman if his objection would apply "The Legislature shall not pass special question having been called, the vote to the first clause of the amendment? acts extending the time for the collection of will be first taken upon striking out It seems to me that his obiection will taxes, nor for the incorporation of villages." the word “ cities." . not apply to that clause.

The committee, after giving the sub· Mr. GIDDINGS. Before the motion Mr. LUCE. I have no objection to ject that consideration which its merits

[ocr errors]

during til hundred an end the entertain

from Lenawee, (Mr. CROSWELL,) that I that the other clause of the amendment, decisive vote against the second part think he has got his figures a little too which prohibits legislation in any way of the proposition. The first part is high. I think we would hardly be in reference to incorporated cities or contained in this article, in the thirtywarranted in saying that we would not villages, might work injuriously. I first section, which provides that the allow any city organization with less understand that in the State of New Legislature shall not pass special acts than seven thousand inhabitants. In York they have a provision for incor- extending the time for the collection of many parts of the State when they get porating cities under general law; at taxes. up to five thousand they think they are all events, they do incorporate them. Now, so far as relates to the incorworthy of a city organization. I think under general law. But, I noticed in poration of villages, I, myself, am of. we should not have so large a figure as an article in the New York Post, that the opinion that a general law might the gentleman has employed.

during the last session of the Legisla- be passed which would provide for all · The question was then taken upon ture one hundred and seventy bills the necessities of the State. Therefore, striking out the word "cities," and it were introduced to amend the general if that was the proposition before the was not agreed to.

law. If that is to be the case in this committee, I would give it a willing The next question was upon striking State, I cannot see that we will gain support. But there are two other out the words “except cities contaiņing much by adopting this amendment propositions which I conceive are not over. ten thousánd inhabitants, and If we are to amend the general law practicable; they cannot be made pracbeing taken, it was not agreed to every time any city or village needs to ticable as portions of the organic law.

The next question was upon adding be incorporated, it seems to me that it From the experience I have had, and to the amendment the following: No will take up as much time as it would from the necessities and requirements city shall be incorporated with legs to grant a special charter. These are of different localities in the State, I than seven thousand inhabitants, nor objections which suggest themselves to believe that if we adopt the restrictions unless the people thereof, by a direct my mind. If we can avoid in any way contained in the amendment proposed vote upon the question, shall have de- this large mass of legislation for incor- by the gentleman from Saginaw, (Mr. cided in favor of such incorporation." porations of this kind, it would cer- SUTHERLAND,) every Legislature that

The question was taken, and it was tainly be a great benefit to this State. will convene under the Constitution we not agreed to.

But if we are to pass a general law, are now forming, if it shall be approved The question then recurred on the and then be obliged to amend it one by the people, will be embarrassed in amendment of Mr. SUTHERLAND. or two hundred times each session, as its action with reference to these two : • Mr. GIDDINGS. I call for a divis- in the State of New York, what will measures, first, the organization of

ion on that amendment, and ask that we gain by it? It seems to me that it townships, and second the incorpora· the vote be taken upon the clauses sep- is a matter to be left to the sound dis- tion of cities. arately..

. cretion of the Legislature. The ques. The question was raised this foreThe CHAIRMAN. The division of tion has been very much agitated in noon in relation to the county that was the question having been demanded, the Legislature in reference to passing organized last winter. The reason as-. . the first question will be upon adding some general law in regard to the in- signed by the Supreme Court was that : to section twenty-six the following: * corporation of villages and cities. I the act of organization did not conform

The Legislature shall provide by general still think this matter should be left to to the requirements of the Constitulaw for organizing townships, cities and vil. I the Legislature. lages, on such conditions and subject to such

tion. With all due deference to the regulations as may be prescribed."

* Mr. T. G. SMITH. I would inquire learned gentleman from Saginaw, I will - Mr: LUCE. I would like to inquire of the gentleman from Branch, (Mr. take the responsibility of stating that of the gentleman from Saginaw, Mr. LUCE,) how many of the bills intro- I cannot be mistaken; that in support SUTHERLAND,) what would be the effect duced into the New York Legislaturo, of that decision it was stated, among of this amendment, in relation to cities to which he refers, were passed? other things, that one supervisor now organized, in regard to amending! - Mr. LUCE. There were one hun-I could not constitute a board. That their charters; would it affect them in | dred and seventy of them passed and was urged by the Supreme Court, or... any way? : : signed by the Governor.

rather stated by the Supreme Court, Mr. SUTHERLAND. I do not Mr. GIDDINGS. It seems to me as one of the reasons why that law was think it would have any effect at all (that none of us are opposed to the in conflict with the Constitution of this upon them; it was not designed to af- first clause of this amendment. - I State. There may be other counties fect them.

think we are willing to confer upon the having but one supervisor; if there, Mr. LUCE. I stated before the Legislature power to provide by gen- should be, there would be a difficulty: récess the objections to this amend-Jeral law for organizing townships, citl in the organization of townships. But ment, which then occurred to my ies and villages. But I think there are there may not be a county in the State mind. Further reflection has con- many of us who do have objections to in that condition. The organization of


[ocr errors]



THERLAND,) what vom Saginaw, Mr. It the gentleman from would inquir

[ocr errors][ocr errors][merged small][merged small][merged small]

Liepairersity na from fier - Fodopted, oh

townships occupies but a trifling por- Mr. MCCLELLAND.' I would in-highways, or any street in any city or village,.. tion of the time of the Legislature. quire if the amendment of the gentle

or in any recorded town plát." Occasionally, a township is organized man from St. Joseph, (Mr. STOUGHTON,)! I am unable to discover the object by the Legislature, but principally they is in order ?

for the insertion in this secare organized by the action of the The CHAIRMAN. In the opinion tion of the portion I have moved to board of supervisors of the several of the Chair, the committee having strike out. I have moved this amendtownships.

voted to add to the section, the words ment, however, more for the purpose In regard to the organization and which the gentleman from St. Joseph, of ascertaining what that object was, incorporation of cities, every member (Mr. STOUGHTON,) moves to strike out, than for anything else. I do not unof this Convention who has had ex- it is not in order to strike out those derstand that the Legislature have perience in the Legislature, knows full words.

any right, or any authority even, if not well that from the diversity of circum- Mr. MUSSEY. I suppose it would restricted, to provide by law for the stances and conditions, and from the be in order to move to reconsider the sale of private property, or the prop. diverse needs and wants of the differ-vote by which the amendment was erty of an individual.. The section of ent localities in the State, it would be adopted, so that the gentleman from the bill of rights declaring that priquite difficult, if not impossible, to St. Joseph, (Mr. STOUGHTON,) might|vate property shall not be taken for enact a general law, that by its provis- move his amendment to it.

public use without just compensation, ions would cover every case. So that The CHAIRMAN. The amendment is certainly a sufficient restriction, if we should adopt a provision of this of the gentleman from St. Joseph, can- Property cannot be taken for any other kind in the organic law, as I remarked not be received at this time, except by use than for public use, and then only before, I conceive that future Legisla- unanimous consent.

..upon just compensation. In view of tures, so long as this, organic law sha!1 Mr. SUTHERLAND. I object, as it that section which we have already be the law of the State, will find them- will change the effect and force of the passed, I am unable to discover the selves embarrassed as regards this class amendment which was adopted. : necessity of this provision. It seems of legislation. And the result will be Mr. CONGER. I do not wish to to me also that a restriction of this as stated by the gentleman from Branch, make any motion. I simply wish at kind will work badly, as the Legisla(Mr. LUCE,) that instead of a special this time to call the attention of the ture must provide for the sale of lands act for the incorporation of a city, we committee to the fact, that those gen- for the non-payment of taxes, also in will have almost every city in the State, tlemen who have been most opposed other cases. I hope the chairman of applying for an amendment of its to legislation in this article, have been the committee who reported this archarter, for an amendatory act of the the most prominent advocates of put- ticle, (Mr. CONGER,) will enlighten us general law, as is the case in the State ting in a clause that is purely legisla- as to the necessity of such a provision of New York. Therefore, I do not think tive. :..

as this, if there is any. this is a wise provision to be embraced No further amendment was offered Mr. CONGER. It seems to me that in the organic law of the State. I am to this section.

this section has a very important obopposed to it in all its parts, with the


ject, and one which upon very little re-, exception of that which relates to the

flection will be apparent to every perincorporation of villages. That I will! The next section was as follows:

son present. It provides that the Legsupport as a separate proposition, to be

SECTION 27. The Legislature shall not authorize any county, city or township to pledge

islature shall not authorize, by a priits credit for the purpose of aiding in the vate or special law, the sale or convey-.. ticle, where I think it more legitimately construciion of any railroad' to an extentance of any real estate belonging to belongs.

whereby the outstanding indebtedness, exThe question recurred upon adding

Ilany person. I think there was no such clusive of interest, on account of aid to any a

and all railroads, shall exceed ten per cent. provision in the old Constitution of to the section the first clause of the of the assessed valuation of such county, city 1835, and if I remember aright, int lookamendment of Mr. SUTHERLAND, às fol- or township.

ing over the old session laws, there lows:

| The CHAIRMAN. The committee were many bills authorizing A. to con- . o The Legislature shall provide by generall this morning, on the motion of thel,

on of the vey certain real estate to B., and*c. to law for organizing townships, cities and vil-gentleman from Ingham, (Mr. LONG

convey other real estate to D. I think lages, on such conditions, and subject to YEAR,) ordered that section twenty- the occasions. when such laws were such regulations, as may be prescribed.”

seven of this article should be passed passed were very frequent. That portion of the amendment was over for to-day; therefore the next sec-1 Undoubtedly those who framed the agreed to, upon a division; ayes 44, tion will be now read.

Constitution of 1850, aware of the noes 9. The next question was upon adding

LEGISLATURE NOT TO AUTHORIZE SALE OR troubles and danger arising from the to the section the last clause of the

: CONVEYANCE OF REAL ESTATE, NOR Legislature passing laws authorizing amendment of Mr. SUTHERLAND, as fol

. .... TO VACATE ANY ROAD. ... +such conveyances, inserted this provislows:

The next section was read as follows: ion in the present Constitution. I see "No special acts to create any such organ

SECTION 28. The Legislature shall not au

moto no reason why, by solemn act of the izations, or defining their powers, except thorize, by private or special law, the sale or Legislature, any person shall be aucities containing over ten thousand inbabit-conveyance of any real estate belonging to thorized to convey real estate to another ants, shall hereafter be passed by the Legis. any person, por vacate nor 'alter any road without an

s road without any adjudication of rights, and,

laid out by commissioners of bighways, or
That portion of the amendment was recorded town plat.
| any street in any city or village, or in any as you may say, without any standing

in court of other parties interested. I sion-ayes Mr. VAN RIPER. I move to amend see no reason why a special and private 21, noes 31.

this section by striking out the words, law of the State of Michigan should Mr. STOUGHTON. I move to

move to ,.“ authorize by private or special law authorize the private conveyance of

authorize bỹ private or special is

section the sale or conveyance of any real real estate by one individual to anas now amended, by striking out the estate belonging to any person, nor;"] other. Tr

estate belonging to any person, nor;” other. That course was resorted to in words “on such conditions and sub- so that the section will read: ject to such regulations as may be

per "The Legislature shall not vacate nor alter through courts of law, and to give

iThe Legislature shall not vacate nor alter prescribed.”

| any road laid out by the commissioners of force and legality to titles without




[blocks in formation]
[ocr errors]

sentlemihink the

ool buildrentualipon which the allons more (Mr. T

[ocr errors]

gerly says

be UU 10.

going into the courts, and that, too, by Mr. VAN RIPER. My object in ply prohibits its being done by private
à Legislature which has no judicial offering the amendment was simply to or special law for each particular case.
power at all, and that did not have any draw out the reason for inserting this Mr. ALEXANDER. This provision
judicial authority. · In that way parties provision in the Constitution. I am then, is intended merely to prohibit
would have no standing in court, to satisfied upon that point, and so with- special acts for this purpose.
defend their rights, and no oppor-draw my amendment..

Mr. CONGER. That is all.
tunity to be heard, and could have no Mr. CROSWELL. I move to amend The amendment of Mr. CROSWELL
chance to enforce any remedy.

this section by inserting after the word was then agreed to. ... · I will not prolong my remarks fur- "street," the words "or public grounds;": Mr. HOLT. I move to amend this ther, than to say that the object of this so that that portion of the section will section merely for the purpose of section was to cut off that kind of read: “Nor vacate nor alter-any road changing its phraseology somewhat. speciál legislation, by which interested laid out by commissioners of highways, I move to strike out the words " nor parties could come here and acquire a or any street or public grounds in any vacate nor alter," and insert in lieu sort of sanction to a title, whether good city or village, or in any recorded town thereof "or authorize the vacation or or bad, simply by making representa- plat."

alteration of.” That will not change tions to the Legislature. These were Mr. LEACH. This amendment the sense of the section, but merely the views which the committee had in might perhaps in most cases be bene- correct its phraseology, and I think reference to this section; in fact the ficial. But I am apprehensive that make it read very much better. . object was so apparent that I do not there may be cases where it will pre- Mr. BLACKMAN. I think the know there was any discussion upon it. vent the doing of that which may be amendment of the gentleman from I will inquire of the members present very desirable. In the village where I Muskegon, (Mr. HOLT,) does somehere of the Convention of 1850, reside there is among the public thing more than merely change or whether that was not the subject of squares, set apart and dedicated to the alter the phraseology; I think it complaint pfior to the formation of the use of the public, one upon which the changes the entire sense of the section. present Constitution?

citizens hope eventually to erect à It now provides that the Legislature Mr. MCCLELLAND. That was the union school building. If this amend- shall not authorize by private or .. reason why this provision was inserted ment is adopted it seems to me it special law, the sale or conveyance of in the Constitution of 1850. Frequent would prohibit us from doing anything any real estate to any person, and also applications had been made before that of that kind. That may also be the that the Legislature shall not vacate time to the Legislature, and acts had case with other villages. It seems to nor alter any road, etc. It does not.. been passed upon an ex parte showing, me that this amendment would pro- say they may not authorize by a genand great injustice had been done, in hibit anything of that kind being done. eral law, the vacating or alteration of many cases, throughout the State. In Mr. CONGER. I am in favor of the any road by a court, but merely says consequence of that, the Convention of amendment proposed by the gentleman | the Legislature themselves shall not 1850 thought it best to put this restric-from Lenawee: (Mr. CROSWELL.) In do it. - tion in the present Constitution; and I answer to the remarks of the gentle- / Mr. HOLT. I withdraw my amendthink it is one of the most salutary re- man from Grand Traverse,(Mr. LEACH,)ment. I read this section very hastily. strictions in that constitution.

I will say that the law already provides Mr. VAN VALKENBURGH. I: Mr. COOLIDGE. My impression is a proper and very expeditious mode of move to amend this section by striking that there was another reason for this vacating any streets or public grounds, out the words - private or." so that it provision; I think it was true that, be- by petition to the circuit court, upon will read," the Legislature shall not fore this clause was put into our Con-| the notification of the parties interested. authorize by special law the sale or stitution, persons came here for legis- It is a system which I have had occa- conveyance of any real estate," etc. If lative aid who had, for various reasons, sion to employ, and so understand the it is a private law of course it is a placed their property out of their workings of it in reference to vacating special law. hands. I recollect some of those cases streets and also public grounds. It is Mr. GIDDINGS. I think the word where men, from interested motives, a very direct, simple and concise mode of private" has some technical significaput their property into the hands of reaching the object the gentleman has tion; and I would, therefore, leave it their children, and, after a while, de- in view. It merely provides that the in the section on that ground.

management of it parties interested shall have proper Mr. CONGER. I desire to say that

would come to the notice of the proposed change, and an I do not oppose any particular criticism Legislature and through some pre-l opportunity to be heard in court; I lof the language of this section Legislature, and, through some pre

ara in court; of the language of this section. "Acts,"

Acts » ner, get an act restoring the think that will meet all the objections in the common acceptation and use of property to themselves. I would in- | to this amendment urged by the gen- the word

to this amendment urged by the gen- the word, are divided into public acts quire. of the gentleman from Wayne

from Wayne tleman from Grand Traverse. He is and private acts, into public acts and (Mr. MCCLELLAND) if such was not also doubtless familiar with the law on this

special acts. A special act refers to the case ?

subject. The same rule would apply one passed for a special purpose. I Mr. MCCLELLAND. I have myself to vacating public grounds that would think there is used in this section a known several instances where author-apply to vacating public streets.

term of very common legal acceptation ity was given to guardians, adminis- Mr. ALEXANDER. I would in- private acts.” With all deference trators and others, to sell property quire of the gentleman from St. Clair, to the opinions of my friend from Oak- : without any investigation at all, and (Mr. CONGER,) where the Legislature land, (Mr. VAN VALKENBURGH,) I cannot great injustice resulted from it. I get their authority, or where the cir- see the advantage to be derived from think all such things should be investi- cuit court would get authority, to va- striking out à word of well-known gated by the courts; the court is the cate any village property, town plat, legal signification, and leaving a word proper tribunal to decide upon ques- street or public property of any kind, to stand which might perhaps be much tions of this kind. : :

if the Constitution prohibited the Leg- more properly stricken out. . · Mr. COOLIDGE. I have not a par- islature from granting such authority ? Mr. VAN VALKENBURGH. Is not ....ticle of doubt but what this is a wise Mr. CONGER. It could be done a private law a special law ?

provision, and I should be very sorry under general law; this provision sim-1 Mr. CONGER. The common law to see it stricken out.

[ocr errors]


distinction is public acts and private or rather prevent them from doing such a case as, if it had occurred in a : acts. A special act may be a special that which was just. I am glad that contract made with any gentleman of general act, or it may be a special pri- the proposition has been made to so this Convention, and such gentleman vate act.

amend this section that in certain cases had not been willing to release the Mr. ALEXANDER. Can private" which may transpire, the Legislature man from the contract, or make some mean any more than special? and why may be enabled to do that which would amends, he would have brought upon is not a special” sufficient?

be eminently just. I would leave the himself the reproach of any intelligenti Mr. CONGER. Let me say that if Legislature and the Governor with community. I will state myself what there be a bill introduced in the Leg- power to do what an individual would the case is, because, although the par- .. islature to change the name of an in- feel himself bound to do, upon princi- ticulars of it are more familiar to you, dividual, that is called a private act; it ples of honesty and integrity. If an Mr. Chairman (Mr. PRINGLE,) you are is not special in any particular sense of individual has made a contract involv- not now where you can state them to the word; “private" means something ing a large amount of money, and the the committee. . . different from “special."

(party contracting has entered upon The State prison inspectors made a The question was then taken upon the execution of the contract, and per- I contract. some time before the comthe amendment of Mr. VAN VALKEN- formed it with fidelity, and it is per- mencement of the late war, with a genBURGH, and it was not agreed to.. . | fectly apparent that in doing so he has tleman to furnish the meat for the

No further amendment was offered sacrificed himself, it would be an iron prisoners in the State Prison at Jackto the section.

rüle prescribed for that individual, if son. It was a very proper and suitable TIE LEGISLATURE NOT TO - GRANT EXTRA

we should not permit him to allow contract, as prices were at the time.

any additional compensation. Such The war commenced, the demand for COMPENSATION, ETC. :

cases have arisen in this State, in meat increased, as we all know, with · The next section was read as follows:

the execution of the laws by the offi- the increased necessities of the war. SECTION 29. The Legislature shall not grant cers of the State, where persons have Although this man had several thounor authorize extra compensation to any

the sacrificed themselves, and there was sand dollars, with which he had compublic officer, agent or contractor, after the sacrinced t service has been rendered or the contract no remedy; where the Legislature Imenced his business, and although his entered into. :

could afford no relief. I would leave friends urged him to give up the contract. . Mr. CONGER. There was a propo- it so that under certain restrictions as he was using' up his own money, and sition before the committee, which was properly guarded, justice might be the money of his friends in carrying it not reported by them; but I think it done. I would leave the Legislaturel out, he refused to do so. He said he . was proposed to have it presented in (in a condition where they might do had contracted with the State to per-.. connection with this section, for the what an individual would feel himself form a certain duty, and while he had consideration of the Convention. With-| bound to do, if he was one of the con- the means he would live up to his con:out advocating it particularly, I will tracting parties.

tract faithfully. And I am informed move that there be added to this section Mr. VAN RIPER. I would like to by citizens of Jackson that this conthe following, "except upon the special | ask the chairman of the committee on tractor spent some seven thousand dolrecommendation of the Governor, and the legislative department, (Mr. Con- lars of his own money in carrying out by an affirmative vote of two-thirds of | GER,) if he can so amend this section, his contract. He expended all the all the members elect of each House." that where a contractor has made an capital which he had when he comIn connection with this amendment, I agreement to do certain work for a cer- menced, «amounting to some seven will state simply that there was brought|tain price, and on account of a reduc-thousand dollars; and when he closed to the notice of the committee through tion in the price of materials and la- the contract he was left without a cent certain individuals, and it was within bor, he has made a much larger sum in the world, and is now working at the knowledge of some members of the out of the contract than it was inten-day's wages for a living His daugh. . last Legislature, that there were occa- ded or expected he would make, helters labor for their support, and his eyes sional cases of extreme hardship, which would be compelled by a recommenda- family are scattered. It was a case

from a sense of equity and justice seem-| tion of the Governor and by a vote of which, I am informed, appealed to the ...ed to require some relief from the Legis- two-thirds of the Legislature to refund sympathies and the sense of justice of

lature. But under this provision of the to the State a portion of his profits? the Legislature of last winter, so that Constitution there was no remedy for Mr. CONGER. The ingenuity of they were unanimous in their desire to cases of that class. Perhaps other | my learned friend from Cass, (Mr. afford relief; but under the strict rule. gentleman, if they feel disposed, will (VAN RIPER;) will suggest to him the of this section of course' no relief could allude to one of the cases to which the means of robbing contractors, much l be granted. attention of the committee was called more readily than I shall be able to Such cases will undoubtedly be rarë . in connection with this subject. With l assist him in doing. Never having in this State. The probability that a great deal of unwillingness on the turned my attention specially to that such contracts will be made, will not be part of the members of the committee, I subject, and the committee not having such that cases of that kind will happen that the principle of this section should had it specially under consideration, for a number of years to come. But be disturbed at all, it was suggested I can answer neither for the commit- without being carried away by any whether there might not, with proper | tee, nor for myself, the very delicate particular sympathy for any particular restrictions, be some manner devised inquiry which the gentleman has made case, I for one am willing to provide, in which these occasional extremel In regard to the amendment which with all suitable guards and restriccases might be provided for, without I have offered, I will say in addition to tions, that if a case of extreme hardship endangering the principle of this section. I what I have already said, that I feel, of that kind occurs, rather than have a

| Mr. BILLS. I think this section, as many members of the committee man destroyed for his integrity, there. . without the amendment suggested by felt very much opposed to any altera- shall be a way that he may be relieved the gentleman from St. Clair, (Mr. tion of the provisions of this section. somewhat by the Legislature. These : ;; CONGER,) would be an iron rule that Yet there was brought to our knowl- are my views upon the subject. I have would sometimes compel the Legisla- edge one case, among a few that might no interest in this matter more than ** ture to do that which would be unjust; happen, of very extreme hardship; other gentlemen of the committee have;

[ocr errors]
« SebelumnyaLanjutkan »