A

can do so by assuming whatever name recording. Perhaps the great fault of

way.

ORDER OF BUSINESS..

I, there

Mr. CONGER. I hope section twenty-seven will not be taken up at this late hour. There are gentlemen now absent, who will be here by the train to-night or to-morrow morning, who wish to be present when that subject is considered. I hope the gentleman from Lenawee, (Mr. BILLS,) will offer his amendment now.

he pleases, filing the statement with the Legislature heretofore has been Mr. BILLS. I desire to offer an the Secretary of State, and advising that it has never made any provision amendment to section thirty-one of him to publish the fact. All the that, on the change of name of a child, this article now under consideration. difficulty can be obviated in that any rights should follow. Years ago, I am, however, solicited by some genI had occasion to examine this ques- tlemen who wish to take up section Mr. -GIDDINGS. There will al-tion. A half-weaned child was adopted twenty-seven, in relation to municipal ways be applications to some body for in infancy, brought up by a party, took aid to railroads, not to introduce my the changing of names; and there is his name and lived with him as one of amendment at this time. scarcely ever a failure to get such a the family; yet, on the death of that fore waive my right to offer the amendchange made by the Legislature. The party, the child was left as utterly ment at the present time, with the Legislature, however, have found that helpless with regard to any rights to understanding that, when we return to applications to them were so numer- that property, as though it had been a this section, I will offer it. ous, so much time was expended, at stranger in the family. I do not think, great cost to the State, and it also being however, that that question applies the fact that, in many of the States, particularly to this case. in most of them I think, the practice I consider it important that whenwas to submit such questions as this ever a man in this State doing busito a court, the Legislature finally con- ness changes his name, there shall be cluded to adopt that plan, and passed given to it a publicity, such as can be a law authorizing courts of probate given only by the Legislature passing to change names. I suppose it may a special law for that purpose. If a be done in any court of record; but person changes his name in one county Mr. BILLS. I have no choice in the judges of probate were authorized to and then removes into another county, matter; I propose at some time to indo so because courts of probate were and changes his name again, there will troduce an amendment to this section, courts of record. The applications for be a continual trouble arising. The in relation to the traffic in intoxicating change of name are generally made publicity of a record of the event will liquors. I mention it at this time, so in case of minor children that are never be equal to the publicity of a that when we return to this section, if adopted. The parties who adopt law. I have never heard any objection we leave it now, I may not be deemed minor children generally desire that to the amount of time taken in the out of order in offering the amendment they shall take their names. I sup- Legislature for this purpose. I venpose that nineteen out of twenty ture to say that of all the Legislatures persons having a change of name which have assembled in this State for are of that class. I suppose such the last twenty years, not one-half of change can be much more easily them have changed any name, and the made in the courts, with less others have changed only two or three cost than to tax the people of the State each. Therefore, but very little time continually by taking up the time of has been taken up, and I shall conthe Legislature for that purpose. sequently vote against the amendment.

then.

Mr. CONGER. Does the gentleman refer to the section reported by him from the committee on intoxicating. liquors?

Mr. BILLS. The amendment I propose to introduce, is in regard to the prohibition of the traffic in intoxicating liquors. It is quite immaterial to me whether I offer it now, or at any other time.

So far as the objection is made that that there will be difficulty in tracing Mr. MUSSEY. This Convention through the records of our courts the seems to run to orphans and widows. Mr. CONGER. I was in hopes that evidence of such change, it seems to I will refer the gentleman from Kala- the especial matter referred to that me that it would be very easy to find mazoo, (Mr. GIDDINGS) to the session committee, might be placed on the genthe evidence in our court records; far laws of 1865, where he will find that eral order, and taken up by itself as more easy than to run over all the the names of the father, mother, and other matters have been, and considerstatutes of the State for that purpose. all the children of the family were ed in committee of the whole. Then But to change the name of a child, in changed. I do not know that the whatever action the Convention might a county where it is made a matter of father or mother was an orphan who take in regard to it, it could be insertrecord, involves an expense of only was adopted. Suppose that in a few ed in its proper place. I think it would three or four dollars. But it is an enor-years it becomes necessary to establish be more satisfactory to take it up and mous expense to this State to require the right of some of the connections of consider it as a separate report from the Legislature to pass special acts for this family to certain property. The one of our standing committees. I this purpose whenever any one desires most direct way to procure that testi- have no choice myself about the matto have a name changed. The fact is mony would be to refer to the session ter. But I have heard gentlemen wish that many persons would not have laws. That would certainly be a more that it might take the same course as their names changed if they had to go to the Legislature, although they might do it if they had to go to a court of record, probate court, or any other court. I think it is well, however, to Mr. GIDDINGS. I do not care very have this clause in the Constitution, as much about this matter. I do not the people have now got into the habit expect this Convention are going to of changing their names by application repeal the laws upon the statute books to judges of probate. in this State, and in view of that I do Mr. CONGER. I do not understand not suppose it makes much difference that there is any law in this State giving whether this amendment is adopted or to adopted children any rights of prop-not.

direct way than to compel a person to
wade through all the records of the
probate courts in the various counties
of the State of Michigan.

erty whatever, unless there are certain The amendment of Mr. HOLT was forms of adoption, apprenticeship and not agreed to..

other reports from standing committees. The CHAIRMAN. The Chair will say in regard to matters that have been suggested, that, following the course heretofore adopted, he would rule that this subject is under the control of the committee. Section thirty-one is now under consideration; the committee have passed through the section. If no amendment is offered to it, the next section will be read. If the committee are of any particular mind in regard to the matter it can be expressed by a motion and their vote upon it.

The CHAIRMAN. After the amendments to the original section have been The question was then taken upon disposed of, the question will be taken the amendment of Mr. WILLARD, and upon the substitute offered by the gen- it was agreed to. tleman from Cass, "(Mr. VAN RIPER.) Mr. CONGER. I have no objection myself to the amendment proposed by the gentleman from Calhoun, (Mr. WILLARD.) I have no desire to retain the word "county" in this section for Mr. CONGER. I had hoped that the interests of my constituents. I the Convention would not, with some speak only for myself in this matter, twenty-eight or thirty members of the and not for the committee; I have no Convention absent, force a vote upon objection to the amendment either this question at this late hour. Neither Section twenty-seven was then read striking out the words proposed, or do I wish such an amendment voted adding the words proposed; it will upon without some discussion, if it is suit my purposes equally well if the at all likely to prevail. There are sev"The Legislature shall not authorize any county, city or township to pledge its credit section be amended in that way. eral gentlemen very deeply interested for the purpose of aiding in the construction Although there should be no change in this question, who expect to be here of any railroad to an extent whereby the out-made in the section, I should not de- to-morrow morning. I have already standing indebtedness, exclusive of interest,sire to have the county which I repre- requested the committee to postpone on account of aid to any and all railroads, shall exceed ten per cent. of the assessed sent required to lend its aid to this the consideration of this subject, at valuation of such county, city or township." purpose, because there are dissimilar least until to-morrow morning, if no Mr. WILLARD. I move to amend interests in different portions of that longer. If it is not postponed, it will this section by striking out the word county. What would be an advantage compel us to discuss this matter in "county," wherever it occurs, and also to one part of the county would be of Convention, when otherwise the discusby adding to the section the words, no advantage to another part of the sion might be in committee of the "no county shall be authorized to county. I can see very readily that whole. In order to test the sense of pledge its credit for any such purpose." that would be the case in many other the committee upon this subject, as the The section, if so amended, will read: counties of the State. So far as my time has nearly arrived for an adjourn"The Legislature shall not authorize any own views are concerned, I would be ment, I move that the committee now city or township to pledge its credit for the willing to vote for the amendment. purpose of aiding in the construction of any railroad to an extent whereby the outstanding indebtedness, exclusive of interest, on account of aid to any and all railroads, shall exceed ten per cent. of the asessed valuation of such city or township. No county shall be authorized to pledge its credit for any such purpose."

Mr. VAN RIPER. I offer the following as a substitute for the section:

Mr. MCCLELLAND. This section says that no county, city, or township shall be authorized to pledge its credit for the purpose of aiding in the con"The Legislature shall not authorize any struction of any railroad, to an extent city or township to pledge its credit or levy a exceeding ten per cent. of the assessed tax, for the purpose of aiding in the construction of any railroad, to an extent valuation. In some cities of this State, whereby the outstanding indebtedness, ex- there are four or five railroads. Does clusive of interest, on account of aid to any the gentleman mean that this aid shall one railroad, shall exceed five per cent of the assessed valuation of such city or township, be given to the extent of ten per cent. and not to exceed ten per cent. for any two for each railroad? or more railroads. The question of such aid

must be sumbitted to a vote of the people, and no person shall be entitled to vote at any submission of such question, unless he shall be the owner of property liable to taxation. No county shall be authorized to vote such

tax or aid."

The CHAIRMAN. The question will be first taken upon the amendment

offered by the gentleman from Calhoun, (Mr. WILLARD.)

Mr. STOUGHTON. I have a sub

Mr. CONGER. I think so. If the stitute which I also desire to present. section shall be amended as is proposed by the gentleman from Calhoun, (Mr. WILLARD,) it will read:

It is as follows:

"The Legislature shall not authorize any
city or township to raise money by taxation,
or to pledge their credit for the purpose of
aiding in the construction of any railroad, to
an extent whereby the tax raised or to be
raised, or the indebtedness incurred, exclu-
sive of interest, on account of aid to any and
all railroads, shall exceed, in any five years,
The CHAIRMAN. The gentleman
or at any one time, ten per cent. of the as-valuation of such city or township. No can move that as an amendment to the
Vol. 2-No. 16.

amendment now pending, moved by the
gentleman from Kent, (Mr. M. C.
WATKINS.) That amendment is to
strike out "ten," and insert "five."
Mr. HUSTON. I move to amend
the amendment by striking out "five,"
and inserting "twenty."

Mr. ESTEE. I desire to move an amendment of this section to insert after the words "construction of any railroad," the words "plank road, gravel road, or turnpike."

The CHAIRMAN. The amendment of the gentleman from Isabella, (Mr. ESTEE,) is not germane to the amendment now pending. But if no objection is made, it will be received and printed in the journal.

:

amendments are falling here like leaves morning, when some gentlemen who
in Vallambrosa. However, if there wish to be present when the discussion
are any more amendments I will wait. takes place, will be here at the com-
Mr. BLACKMAN. I desire to offer mencement of that discussion. There-
an amendment as a substitute for the fore, not for delay, for I think I can
amendment of the gentleman from Is- never be justly charged with any such
abella, (Mr. ESTEE.) Instead of in- intention, I move that the committee
serting the words he proposes, I move rise, report progress, and ask leave to
to insert the words, " or other internal sit again.
improvements."

་་

Mr. STOUGHTON. I desire to call The CHAIRMAN. That amend- the attention of the committee to a ment is not in order. It will be held change which I think is necessary, in in abeyance and printed in the jour-order to perfect section twenty. The CHAIRMAN. nal. The pending question is upon the motion that the committee now rise.

Mr. LEACH. It seems to me that we shall facilitate our business, if we refuse to consider amendments which are not in order. We shall be very likely to have considerable confusion if we get a dozen or fifteen amendments on hand at the same time.

Mr. CONGER. I will withdraw my motion if it is desired to consider any other portion of this article.

PASSAGE OF LAWS BY LEGISLATURE.

Mr. INGALLS. I give notice that at the proper time I shall move to strike out "ten," and insert "fifteen," as the per cent. of the assessed valuaThe CHAIRMAN. The Chair under- Mr. STOUGHTON. I now ask the tion which may be voted to aid in the stood the object to be to have these unanimous consent of the committee construction of railroads; and also, several amendments printed in the to move to amend section twenty, by to add to the section the words "and journal for the information of mem- inserting in the first sentence the word no such aid shall be granted, except on bers. The Chair has ruled out of order" general;" so that it will read, "no a vote of a majority of the property the amendments not in order. But law shall embrace more than one holders thereof." the Chair has received them with that general object, which shall be expressed The CHAIRMAN. The amendment understanding, in order that they may in its title."

of the gentleman from Menominee, (Mr. INGALLS,) is not in order at the present time; but it will be received as other amendments have been, and be printed in the journal.

Mr. MILLER. I desire to give notice that at the proper time, I shall move to strike out of this section the following: "to an extent whereby the outstanding indebtedness exclusive of interest on account of aid to any and all railroads, shall not exceed ten per cent of the assessed valuation of such city or township." The section if so amended will read:

“The Legislature shall not authorize any city or township to pledge its credit for the purpose of aiding in the construction of any

railroad."

The CHAIRMAN. The amendment will not be in order for consideration

at the present time; but it will be held in abeyance until all amendments relating to that portion of the section moved to be stricken out shall have been disposed of.

be printed in the journal.

Mr. LEACH. We may get into confusion, as we did the other day, when the gentleman from St. Clair, (Mr. CONGER,) was in the chair.

The CHAIRMAN. The committee have already passed that section, and no amendment can be now entertained to it, except by unanimous consent. If there is no objection, however, the amendment will be received.

No objection being made, the amendment was entertained.

Mr. STOUHTON. I desire to ex

Mr. CONGER. I had equal confidence at that time in the ability of the Chair to keep the committee clear of any trouble or confusion that I have now. My confidence then I found was plain briefly my purpose in offering not misplaced, and I have confidence that amendment. The word " "object, now that the present chairman will be may have a general and also a limited able to keep the committee clear of signification. Should we give this secany such confusion. I hope the gen- tion a strict construction as it now tleman from Grand Traverse, (Mr. stands, there are many statutes now in LEACH,) himself having been free from force in this State which might be held any confusion when he was chairman to be unconstitutional. This section of the committee of the whole, will not now cast reproach upon the present chairman, or upon the old one.

Mr. LONGYEAR. I suppose the object of receiving these amendments at this time is simply that they may be printed in the journal. When they are taken up to-morrow they will be taken up as they are in order.

now reads: "No law shall embrace more than one object, which shall be expressed in its title." I will take at random one of the most important acts in our general laws. It is entitled "an act to provide for assessing property. at its true value, and for levying and collecting taxes." Now, by a strict construction of this Constitutional proviMr. MUSSEY. In order to use up Mr. CONGER. I now renew my sion, I think it very doubtful whether the "remainder of the time this after-motion that the committee rise, report that law could be held to be constitunoon to some purpose, I would request progress, and ask leave to sit again. I tional. This question has been before the gentlemen who moved to strike. out should suppose the views of gentlemen our supreme court, and has been con"ten,” and insert "five," to withdraw who wish to offer amendments have sidered by them. They uphold the it in order that we may now consider been very generally expressed. In the action of the Legislature, only by prethe amendment of the gentleman from morning we will find all those amend- suming that the framers of the ConIsabella, (Mr. ESTEE,) in relation to ments in their order in the journal, so stitution meant to use the word plank roads, gravel roads, and turn- that we can understand the different "object," in its most general sense, pikes. I presume the gentleman from propositions and know what to vote and with its most general signification. St. Clair, (Mr. CONGER,) would have no for and what against, in the order in That decision was made in reference objections to considering that amend- which they may properly be taken up. to the police act of the city of Detroit. I would request of the committee that The court, after specifying the object Mr. CONGER. I renew my motion they refrain from discussing any of for which this provision was placed in that the committee now rise. The these several propositions until the the Constitution, said:

ment this afternoon.