Therefore, according to this decision of the supreme court, in order to make the Constitution express clearly upon its face what is meant, it would be as well to make the amendment I have submitted. The amendment of Mr. STOUGHTON was agreed to. The CHAIRMAN. The question now recurs upon amendments to section twenty-seven. Mr. CONGER. I withdrew my motion that the committee rise, merely to allow the consideration of other matters than those connected with section twenty-seven. : swered to their names. Mr. NINDE presented the protest of Also, the protest of D. B. Dodge and me on yesterday. Although there were but two names signed to that memorial, yet it purported to come from a convention of a number of peodent of that convention, and by the ple, and was certified to by the presisecretary of the convention. I am not particular myself about having any such paper presented by me published in the journal, unless it is a proper paper to be spread upon our record. Out of courtesy to that convention, I asked the privilege of having that memorial printed in the journal, and that privi lege was granted to me. If it is now deemed to be improper, I have no anxiety to have any improper document placed upon the records of this Convention. I believe, however, that there was no wrong perpetrated upon the Convention, or upon the people, by such a course. I think it is a right which should be accorded to those who purport to memorialize this Convention in the petition referred to. Mr. HOWARD presented the petition of D. A. Huyck, E. B. Sparks, Mr. BLACKMAN. I understood Frederick Lousby and 22 others, legal that the amendments offered here were voters of Vienna, Genesee county, for offered, not with regard to whether the retention of the principle of secthey would be regularly in order, but tion 47, article 4, of the present ConMr. DANIELLS. As this petition for the purpose of having them go on stitution; which was referred to the has already been published in our the journal, so that we may see them committee on intoxicating liquors. journal, it seems to me that we betMr. McCONNELL presented the ter let it go now, and look out herein print to-morrow moring. I offered my amendment with that view. As it petition of William Ware, Nathan C. after in regard to what we order was ruled out of order by the Chair, I Tenney, J. B. Ellsworth and 15 other printed in the journal. I therefore do not know whether it will be upon citizens of Athens, Calhoun county, move to lay the resolution on the table. the journal or not. I rise merely to praying that section 47, article 4, of The motion to lay on the table was the present Constitution, be retained not agreed to. ascertain how that will be. The CHAIRMAN. The understand-in the new one; which was referred to ing of the Chair is, that all these the committee on intoxicating liquors. amendments will be printed in the MEMORIAL OF FRIENDS OF PROGRESS, ST. journal. Mr. BLACKMAN. That is all that I desire. Mr. CONGER. I now move that the : JOSEPH COUNTY. Mr. FARMER. I offer the following resolution: Resolved, That a certain memorial printed committee rise, report progress, and in the journal of July 15th, be omitted in printing the debates and proceedings. ask leave to sit again. The motion was agreed to. the PRESIDENT having resumed the The committee accordingly rose; and chair, The question recurred upon the resolution. Mr. STOUGHTON. In reference to the memorial presented yesterday, by my colleague, (Mr. TYLER,) I would say, that on examining it, I find a resolution attached containing a request that the memorial be spread upon the journal of this Convention. The orI offer this resolution, not from any tion which adopted this memorial, signed it, or towards the gentleman, I believe was a very respectable one, disrespect towards the individuals who ganization, or association, or convenwho presented it, (Mr. TYLER,) but I Mr. PRINGLE reported that the find that it occupies a large space in and composed of many very excellent committee of the whole, pursuant to our journal. It is no more nor less people. I know personally, one gentlethe order of the Convention, had had than a petition, and I think it should man who signed the memorial; he is a under consideration the article entitled have taken the same course of all other man of high respectability, and an excelent citizen. It seems to me that unless "Legislative Department," had made petitions and have been referred to a there is something improper in it, the some progress therein, and had in- committee. We are not in the habit in our journals petitions on request memorialists should structed him to ask leave to sit again. the matter to which this one relates. I be granted. We have in many instanMr. LAWRENCE. I move that the do not see any propriety in making this ces spread upon the journal of this Convention now adjourn. any exception to the general rule. I body, memorials of different organizahope this resolution will pass, and that tions. I see no reason, myself, why hereafter all similar memorials will be any exception should be made in this referred to committees without being with the particular views of those who case. We might perhaps not coincide printed in the journals and in the debates. I can myself see no propriety of the inherent rights of the people to presented this memorial. But it is one in printing in the journal a petition, present their petitions and memorials not from any large recognized body or association, but from a number of indi- to bodies of this kind, and have them treated alike in all cases with respect. viduals, like hundreds of other cases in which petitions have been sent here Since this petition has already been printed in the journal it might be conand referred. Mr. TYLER. I suppose the gentle-strued into an undeserved reproach, if man from Berrien, (Mr. FARMER,) has we now strike.it off. I am in favor of allowing it to remain where it is. Mr. GIDDINGS. I moved to make this subject the special order for today, not with a view to bringing on any discussion, because I did not suppose The PRESIDENT. The question remembers correctly, the ruling was there would be any of consequence. I now is upon the proposition of the that it was not in order for a member supposed that the time allowed us to gentleman from Lapeer to strike out to explain his vote upon a question reflect upon this matter would proba- and insert. A division of the question which was not of itself debaatble. bly save the necessity of any discussion. has been called for, and the vote will This question being a debatable one, Chair, it is ing the Chair what was the motion one of this article. It is the opinion ferent from the question to which the upon which the yeas and nays were or- of the Chair that a motion to strike gentleman from Berrien, (Mr. FARMER,) dered. I have understood it was upon out and insert, whether divided or not, refers. Therefore, under the practice the proposition to strike out the first is not the same as a motion to strike which has prevailed here, the gentleout. The effect of a simple motion to man from Genesee, (Mr. LOVELL,) will The PRESIDENT. The Chair un- strike out, if carried, would be to leave be allowed to make his explanation. derstood the ordering of the yeas and the original text, subject to no altera- Mr. LOVELL. I voted in favor of nays to apply to the first division of the tion or amendment. But the Chair the substitute the other day not bequestion, which would be to strike out is of the opinion that the same effect cause I was entirely satisfied with it, does not follow a motion to strike out but because I supposed it might afterMr. PRATT. I would like to make and insert, even though that be de-wards be amended so as to embrace an inquiry. I was not here when this feated and the question be first taken substantially the first section of this discussion took place. I desire to in- upon striking out. If this motion does article. I was in favor of the first secquire whether this section was amend- not now prevail, the section will then tion as it stands, and therefore I vote ed at all by the committee? be before the Convention, as amended now against striking it out. Mr. WILLARD. My impression previous to the adoption of this sub** The PRESIDENT. The next quesis that the words," at each general bi-stitute. As the Chair understands, tion is upon striking out section four ennial election," were stricken out. certain amendments made in commit of this article. Mr. GIDDINGS. I think that was tee of the whole were concurred in by the fact; I think they were stricken out the Convention. The Chair has not and Commissioner of the State Land Office "The Secretary of State, State Treasurer, on my motion. those amendments before him. They shall constitute a board of State Auditors, to The PRESIDENT. The Chair is of will, however, be prepared by the examine and adjust claims against the State, the impression that there were several Secretary, and at the proper time within such limits as shall be prescribed by amendments made to this article; but read to the Convention. The vote first State canvassers, to determine the result of law. They shall also constitute a board of they do not now appear upon the copy to be taken is upon striking out the all elections for Governor, Lieutenant Goverwhich the Chair has before him. The first section of this article; and upon nor, all State officers, and such other officers slips of paper containing the amend- that question the yeas and nays have as shall by law be referred to them." . should vote for striking out this sec- Convention now resolve itself into committee of the whole on the general order. tion. One objection I have to it is, in the case of a tie vote, there would be no way to provide for a new election, except by calling the Legislature together. I think some law can be passed to provide for such a case, better than it can be provided for by keeping this section. I hope, therefore, that the section will be stricken out. The question was taken upon striking out the section, and it was agreed to. The PRESIDENT. The Convention having refused to strike out the first section of this article, that portion of the motion of the gentleman from Lapeer, (Mr. LAMB,) which embraced a substitute for the first section necessarily falls. The motion was agreed to. The Convention accordingly resolved itself into committee of the whole, (Mr. PRINGLE in the chair,) and resumed the consideration of the article entitled "Legislative Department.' MUNICIPAL AID TO RAILROADS! The CHAIRMAN. When the com mittee rose yesterday, it had under "The Legislature shall not authorize any Mr. CONGER. I call for a division, and, ask that the vote be first taken upon striking out. The CHAIRMAN. The first question will then be upon striking out the word "five," in the amendment of the gentleman from Kent, (Mr. M. C. WATKINS.) Mr. CONGER. That is not the point I intended to reach. I supposed that I would obtain a separate vote upon striking out the word "ten," in the original section. The CHAIRMAN. The first question before the committee is upon the amendment to the amendment. Mr. CONGER. I then withdraw The question The CHAIRMAN. will then be upon the motion to strike out "five," and insert "twenty," in the amendment of the gentleman from Kent. Mr. P. D. WARNER. I desire to state for the information of the Convention that it will appear by reference to the journal, that section purpose." Mr. HUSTON. I do not propose one of this article was amended upon The gentleman from Kent, (Mr. M. to take up much of the time of the the motion of the gentleman from C. WATKINS,) moved to amend this secKalamazoo, (Mr. GIDDINGS,) by strik- tion by striking out the word "ten," committee of the whole upon this ing out the words "at each general and inserting the word "five;" pend-question. If I could have my way biennial election." Section four of this ing which, the gentleman from Tuscola, upon this subject, which, however, I article was amended, upon motion of (Mr. HUSTON,) moved to amend the do not expect, I would have no rethe gentleman from Wayne, (Mr. amendment by striking out the word striction whatever upon the LegislaLOTHROP,) not now in his seat, by strik-" five," ture in this respect. and inserting the word ing out the word "all," before the "twenty," so that the section would In making this motion to substitute word "claims," and also the words read: "twenty per cent. of the assess-"twenty," in lieu of "five," I thought "not otherwise provided by general ed valuation of such city, or townlaw;" and inserting in lieu of those ship," etc. The gentleman from Cass, words "within such limits, as shall be prescribed by law." These, I think were the only amendments made to the article by the Convention. Section four as it now stands would read: "The Secretary of State, State Treasurer, and Commissioner of the State Land Office, shall constitute a board of State auditors, to examine and adjust claims against the State, within such limits as shall be prescribed by law. They shall also constitute a board of State canvassers, to determine the result of all elections for Governor, Lieutenant Governor, all State officers, and such other officers as shall by law be refered to them." (Mr. VAN RIPER,) also moved, as a sub- as "The Legislature shall not authorize any city or township to pledge its credit or levy a tax, for the purpose of aiding in the construction of any railroad, to an extent whereby the outstanding indebtedness, exclusive of inter est, on account of aid to any one railroad shall exceed five per cent. of the assessed valuation of such city or township, and not to exceed ten per cent. for any two or more railroads. The question of such aid must be submitted 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." perhaps that would be as much as any township or city would want to vote at any one time. Still, it seems to me that there can be no good reason for saying that the people of a township shall not have the right to vote for the purpose mentioned in this section, any sum of money that they may deem proper. I doubt the propriety of this Convention saying to the people of the State, that they shall appropriate only so much of their money for any particular purpose, especially when it is a laudable purpose, such as the building of railroads. Mr. MUSSEY. I would inquire if the part of many members of this I know that there is a disposition on there was not a still further amend ment to section four? If I am not If I am not The gentleman from St. Joseph, from granting any more authority to Convention to restrain the Legislature mistaken, there was a proposition to (Mr. STOUGHTON,) moved as an amend- townships and villages, and if they make the Lieutenant Governor a mem- ment to the substitute the following:. canhot succeed in prohibiting the Legber of the State board of canvassers. "The Legislature shall not authorize any islature entirely, then they desire to Mr. HENDERSON. That amend-city or township to raise money by taxation, make the amount of aid as low as possiment did not prevail. or to pledge their credit for the purpose of Mr. MUSSEY. I only wish to know aiding in the construction of any railroad, to ble. They put their objection on the how it does stand; that is the only raised, or the indebtedness incurred, exclu- to take the property of the individual an extent whereby the tax raised or to be ground that the majority have no right thing with me. sive of interest, on account of aid to any and or at any one time, ten per cent. of the as- not believe that that is sound doctrine; all railroads, shall exceed in any five years, or minority, against their will. I do sessed valuation of the taxable property of I believe it is contrary to the principles such city or township; nor shall the Legis- of our government. I believe that lature authorize any county to raise money, tion of any railroad." or to pledge its credit to aid in the construc- upon this question of taxation, like everything else, the minority have no The first question will be upon the rights that the majority are bound to amendment of the gentleman from respect, any further than to give them Tuscola,.(Mr. HUSTON,) to the amend- the same privileges that they claim for ment of the gentleman from Kent, themselves. In other words, I believe that if the majority concede to the The PRESIDENT. The article is now open to amendment. No amendments were offered. The article, as amended, was then ordered to a third reading, and referred to the committee on arrangement and phraseology, for correction and engrossment. LEGISLATIVE DEPARTMENT. Mr. MUSSEY. I move that the (Mr. M. C. WATKINS.) |