The Debates and Proceedings of the Constitutional Convention of the State of Michigan

seeks to attach to his proviso, a proviso grant them just such provisions as aid which would be necessary to en-
that the provisions of this section shall they might desire. I apprehend that courage the building of those roads
not apply to the Upper Peninsula, the Legislature never would refuse any which are absolutely needed for the
would, I think, answer his purpose. request which they would make, pro- good of the country, if they are restric-
But, according to his proviso, it would vided they were unanimous on the ted to that amount. For that reason
seem that the townships or counties in subject. I can hardly think that this I hope the amendment to the amend-
the Upper Peninsula might issue their Convention would refuse to allow an ment will not prevail.
bonds without any legislative action, amendment to be made to this section Mr. PARSONS. I cannot favor either
upon their own action alone.
of the kind I have suggested, provided the amendment or the amendment to
Mr. McKERNAN. I desire to move the gentlemen representing that por- the amendment, although I am willing
an amendment to the amendment of tion of our State would agree upon it. that the Upper Peninsula should have
the gentleman from Menominee, (Mr. However, I shall be decidedly in favor greater rights in this respect than the
INGALLS.) I move to amend it by strik- of whatever they may agree upon, and Lower Peninsula has; that it should
ing out twenty," and inserting I hope this Convention will be.
have all the rights which it would be
"ten." I agree with the argument of Mr. INGALLS. In relation to what just and proper to confer upon them.
the gentleman from Menominee in re- the gentleman from Houghton, (Mr. But I am certainly unwilling to confer
gard to the necessity and importance McKERNAN,) has said, I desire to say, upon the counties and townships of
of a railroad in the Upper Peninsula, that we have not previously consulted the Upper Peninsula the right to vote
and the propriety of permitting the together upon this matter. I do not such aid to railroads as they may see
counties there to grant this aid. But think he really understands what I am fit, without any action on the part of
I am entirely unwilling to give them seeking to accomplish in this amend- the Legislature, which the amendment
permission to grant aid to the extent ment. It provides only that not ex- now pending would allow. This
of twenty per cent., though they might ceeding twenty per cent. shall be levied amendment provides that they may
be able to do so. I think it would be for this purpose; it does not provide grant this aid at once, to an
better to allow us to raise ten per cent. that any counties shall levy twenty per amount not exceeding twenty per cent.,
upon the credit of a county or town- cent.; the people are left free to deter- or as is proposed by the amendment
ship, and make up the balance by sub-mine what is necessary. If the people to the amendment, not exceeding ten
scriptions. It is a question with me of his county do not desire to go be- per cent. I do not believe that either
whether our people would be satisfied yond five or ten per cent. they can gov- of these gentlemen desire to have in-
with this twenty per cent. arrange- ern that matter for themselves. I only corporated in the Constitution a pro-
ment; consequently I cannot agree desire to give to those counties that vision which would give the counties
with the gentleman from Menominee wish to do so, the right to pledge their and towns of the Upper Peninsula the
upon that point. I do not wish to dis- credit for twenty per cent. I do not right to do this without any action or
cuss this question, though there is propose to make it imperative upon provision by the Legislature. If it is
much which could be said upon it. any county to pledge its credit to any acceptable or desirable to them, I
The gentleman has said that "our amount.
would be in favor of amending this
county bonds would be worth more The proposition suggested by the section so as to provide that the re-
than our township bonds. Our inter- gentleman from Macomb, (Mr. Mus- strictions in it should not apply to the
ests, however, are so identical that SEY,) would be satisfactory enough to Upper Peninsula.
when you affect the county you affect me. I would be perfectly willing to Mr. GIDDINGS. I do not expect to
the township. With the amendment I have an amendment made to this sec- make any argument on this general
sec-make
have offered, I would be satisfied with tion, which would leave this subject subject. I desire to say but a few
this proviso.
entirely to the Legislature, to make words on the proposition last presented
Mr. MUSSEY. I hope the Conven- such laws and regulations as we may to this committee. As I understand it,
tion will grant to the Upper Peninsula desire. There is another reason why the proposition is that the townships
just such provisions in this regard as the gentleman from Houghton (Mr. and counties in the Upper Peninsula
they may wish. So far as the Lower MCKERNAN) may not fully under- shall have a different rule, so far as the
Peninsula is concerned I am in favor stand my proposition. I have under- amount is concerned, in raising taxes
of the section as it now stands, with- stood outside of this Convention that for these railroads, from the rule in
out any alteration. But I apprehend there will be a proposition for force in the Lower Peninsula. If the
that it will not apply with equal force another amendment to this sec- gentlemen from the Upper Peninsula
and effect to the Upper Peninsula. An tion, to provide that this question desire that their counties shall have this
additional reason to those stated by of granting aid shall be submitted power, I will say that it seems to me
the gentleman who moved this pro- to the property holders in each that they have it without any amend-
vision (Mr. INGALLS,) for having an township or county. I should have ment at all. The view taken by
increased amount for the Upper Pe- added that to my amendment had I this committee all the way through, is
ninsula, is the fact that very much of not understood such to be the fact. that without any restriction the Legis-
their property pays a specific tax, and For one I hope that such a proposition lature can confer this power upon the
never is assessed. Hence the necessity will be made and be adopted. If it counties. We have stricken out the
or propriety of allowing a larger per shall carry, then the property holders word "county" from this section and
centage for this purpose.
will be the people to determine to what left it to apply only to cities and town-
I would submit to those gentlemen amount a county or a town shall pledge ships.
who represent on this floor the Upper its credit. Therefore, I see no risk in
Peninsula, whether the end they desire passing upon my amendment as it is.

to reach by the amendment now pend- I have great objection to reducing the words, a

The CHAIRMAN. The committee have also added to the section the "no county shall be authorized to pledge its credit for any such purpose.

ing would not be accomplished by amount in the Upper Peninsula to ten
simply saying: "Provided that this per cent. Although that might answer
section shall not apply to the Upper for some one or more of the counties Mr. GIDDINGS. I had forgotten
Peninsula." That would leave the there, it will not answer for them all. that clause. I was going on to say
matter so that the Legislature might The newer counties cannot render the that in the southern portion of this

the State.

sula.

That will leave the

The CHAIRMAN. That amend

State five per cent, is probably as want to have some general rule, so that this section shall apply to the Upper Peninmuch as we would ever want to we may not name the Upper Peninsu→ The CHAIRMAN. The substitute raise for this purpose; that is my im- la in our Constitution at all. It has pression. And when this subject first always been treated as if it was a sep-will be held in abeyance until action is came up I felt that if I voted in favor arate colony, which must be provided had upon the amendment of the gentleof it at all, I would not vote for more for differently from the rest of the man from Houghton, (Mr. McKERNAN.) than five per cent. But the earnest State. Now, I do not think that is Mr. CONGER. I had prepared an presentation of this subject and the necessary. Let us have some general amendment which I wish to offer; but feeling manifested by gentlemen living rules in our Constitution, and not di- I think it will not be in order. I will, further north, the certainty that was vide up the State into sections to which however, read my amendment, and it evinced that ten per cent. would not be different rules are applied. I have a may perhaps modify the vote upon too much, and that five per cent. would strong dislike to that mode of making this question. My proposition would be too little, induced me to vote for the a Constitution. be to insert, after the word "county, amount contained in the section. But Mr. MORTON. We say in this Con- in this section as it stands, the words I want some general rule adopted. Ivention, as we always have said in the "except in the Upper Peninsula;" so dislike very much to establish one rule Legislature, that the southern counties that it will read: "No county, except of taxation in one part of the State, do not require what the northern coun- in the Upper Peninsula, shall be and another rule in another part of ties of the State may require; hence authorized to pledge its credit for any the difference of opinion as to what is such purpose." I suppose that most of the people in necessary. I think, as has been re- restriction of ten per cent. to apply to the Upper Peninsula are no more able marked by the gentleman from Kala- those counties, as well as to cities and to pay a tax under a ten or twenty per mazoo, (Mr. GIDDINGS,) that we should townships of the Lower Peninsula. cent. rule, than would be the people in make a Constitution which shall apply the southern tier of counties in this uniformly throughout the State. At ment would not be in order at the State. I have thought that, consider- least I hope that if this amendment present time. ing the peculiar interests that have shall prevail, allowing the Upper PenMr. MOKERNAN. I would inquire been spoken of here, the mining inter- insula the right to tax itself for this of the gentleman from Menominee est in the Upper Peninsula, in which purpose to a greater extent than is per- (Mr. INGALLS) if the amendment of the but few individuals have a heavy inter-mitted to the Lower Peninsula, that gentleman from St. Clair (Mr. CONGER) est, if we tax the people there ten per that privilege will be allowed to extend would not be better than his amend cent., they might secure all the balance south to all the counties north of Sag-ment? I would be satisfied with either which was desired by subscriptions to inaw. I desire that for this reason; the the substitute offered by the gentleman the stock of the road. If those mining amendment offered by the gentleman from Genesee, (Mr. LOVELL,) or the corporations, or the individuals inter- from Menominee, (Mr. INGALLS,) has amendment suggested by the gentleested in them, desire a railroad, they reference to a railroad from Green Bay man from St. Clair, (Mr. CONGER.) can subscribe largely to the stock. to Escanaba, to connect at Green Bay The amendment of the gentleman from But I suppose the mass of the people with the Chicago and Northwestern St. Clair would allow us to raise a tax of the Upper Peninsula are no better road, and at Escanaba with the Mar- by counties. able to pay taxes than we are in the quette and Ontonagon road, thus formsouthern part of the State. I suppose ing a perfect connection between Chithere is no more wealth among the cago and the mining regions. Now, great mass of the people there, in pro- we desire to have a railroad connecportion, than there is in the southern tion from Saginaw up through the part of the State. northern part of the Lower Peninsula I have a dislike to making two or to these mining regions. Therefore, I three or four different rules in the hope that if this amendment shall preConstitution. I would be inclined to vail, the same privilege will be extended vote against the whole proposition, if to the counties of the Lower Peninsula these different rules are established in north of Saginaw. I imagine it will be this connection. I think we should necessary if we want to control for any Mr. INGALLS. At the time I drew have some general rule in the Consti- length of time any portion of this trade my amendment I understood that the tution, sufficiently broad to cover all in the Upper Peninsula, that we shall provision in regard to counties in concontingencies and localities. I do not push this great enterprise ahead. And nection with this section had not been think we should make provisions to be I want the counties of the Lower Pen- passed upon. It having been passed adapted to this locality and to that. If insula to have the privilege of voting upon, I would prefer the amendment ten per cent. is not enough, then if we just as much aid as the counties in the suggested by the gentleman from St. vote any at all, we ought to raise it. I Upper Peninsula may be willing to vote Clair, (Mr. CONGER,) to my amendvery readily see that the townships for a railroad from Escanaba to Chi- ment. in the Upper Peninsula will not be cago. I do not want the people there The CHAIRMAN. The gentleman able to vote enough to carry on the to get in the habit of going to Chicago from Genesee, (Mr. LOVELL,) has moved road. It would be the same in the if we can get them to come this way. a substitute for the amendment of the southern peninsula, perhaps, in some I think we should have as much regard gentleman from Menominee, (Mr. In. of the counties where, as was suggested for our own interests as we do for GALLS.) If the gentleman from Geneby the gentleman from St. Clair, (Mr. the interests of some place outside of see will consent, the gentleman from CONGER,) the towns would not pay this State. Menominee can have leave to withdraw more than one or two hundred dollars Mr. LOVELL. I offer the follow- his amendment. each. They would pay according to ing as a substitute for the amendment their ability. I want some general of the gentleman from Menominee, substitute. rule which shall apply to the whole (Mr. INGALLS.) State; the Upper Peninsula and all I Provided, That none of the restrictions of amendment. Vol.2—No. 21.