Gambar halaman
PDF
ePub

Wayne, (Mr. MCCLELLAND,) as there is the members of the Legislature would Mr. DANIELLS. I hope that the in this section? If there is no danger have a decided advantage over them amendment of the gentleman from of corrupt influences in allowing mem- in getting the public pap. For in- Lenawee, (Mr. STOCKWELL,) will prevail. bers to become candidates for office, stance, there are a dozen or more As the gentleman from Lenawee says, when they themselves are the electors, offices to be filled, and there are a hun- I think the section, as reported by the would there be any danger in their re- dred or more men in the Legislature committee, if adopted, would merely ceiving the fees and emoluments of to fill them. Now, by a little log-roll- destroy our district system. All of us any office which might have been in-ing, some of these men, through their who have been in the habit of attendcreased during the time they were position in the Legislature, may get a ing to political organizations, know members of the Legislature? Yet chance to obtain all these offices, and that the centre of these organizations that is a restriction provided in this perhaps jostle out of the way men naturally gravitates towards the county section. They might not have voted whose talents and virtue are equal to seat. The men about the county seat, to increase those fees or emoluments; those who jostle them. To say the who look for these things, will lay their they might be entirely innocent of any- least of it, the possession of a place in plans to be nominated for representathing of the kind. Yet this section the Legislature would give a man a de- tives of the county, if the section as rerestricts them from holding any office, cided advantage over any one outside ported should be adopted. It seems the fees and emoluments of which of the Legislature. Now, we do not to me that it will invite political intrigue have been increased during their term want to turn the legislative halls into a and legerdemain to be practiced out of of office, or any office created during pandemonium for the struggles of the district where a man happens to their term. It seems to me there is office-seekers. We want to have the live. In a large county, like Oakland just as much reason to carry the re- Legislature kept as pure as possible, for instance, where there are four repstriction as far as proposed by the so that its action will be pure, and the resentative districts, the four members amendment of the gentleman from people will reap the benefits to flow to be elected might all be chosen from Wayne, as to adopt the restrictions from a pure fountain. But, if it is to Pontiac, the county seat; and in the already contained in the section. Per- be corrupt and made as it were a po- county where I reside the members for haps I do not get a correct view of the litical brothel, then we may say good the districts composing the county whole question. But as I look at it, bye to the liberties of this country, might be elected from St. Johns. It from the stand-point which I occupy, and to the interests of the public in seems to me that we should lose all the it seems to me there is just as much connection with that liberty. virtue of the separate district system if reason for the amendment, as there is we should adopt the section as reporfor the provision already contained in ted. I hope, therefore, that the amendthe section. ment will prevail. I was astonished when I saw the section as reported by Mr. STOCKWELL. I move to the committee. I do not see why we amend this section by striking out the may not just as well adopt the old words " some county embraced in;" county system and throw away the disThe question again recurred upon also the words "or of which said district system entirely, as to pretend to the amendment of Mr. McCLELLAND. trict shall be a part;" also, the words, adopt this district system, and then not Mr. BURTCH. If I am right I think "county or the counties comprising require the representative of each dismy friend from St. Clair, (Mr. CONGER,) his." If that amendment is adopted, trict to reside in the district he repwished some gentleman to show a then that portion of the section will resents.

The question was then taken upon the amendment of Mr. CROSWELL to the amendment of Mr. McCLELLAND, and it was not agreed to.

The question was taken upon the amendment of Mr. MCCLELLAND, but upon a division, ayes 13, noes not counted, it was not agreed to.

and Representatives shall be citizens of the United States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office."

reason why the amendment proposed read:-"Every senator and representa- Mr. CONGER. The provision in by the gentleman from Wayne, (Mr. tive shall be a citizen of the United the present Constitution in regard to MCCLELLAND,) should be adopted. To States, and a qualified elector of the this matter is as follows: "Senators my mind there is a cogent reason in district he represents. A removal favor of that amendment. Wisdom is from his district shall be deemed a vasaid to be the better part of valor. cation of his office." While we are making our laws, if they If I understand correctly the section are contrived with wisdom, the people as reported by the committee, it does will reap a much greater benefit not require a representative to reside from them, than if they were in the district which he may be chosen made without regard to wisdom. If to represent; but, if he is a resident of This is not a matter which the comwe leave this matter open, so that the county embracing that district, he mittee thought of any particular immembers of the Legislature can hold may be elected to represent the district, portance. The members of the comany office by appointment or otherwise, although he lives outside of it. For mittee disagreed somewhat among instead of engaging in their legitimate instance, a county is divided into two themselves in regard to this matter, business as legislators, they will begin or more representative districts; ac- but finally adopted the form which has to weave their political webs, so as to cording to this section, all the mem-been reported to the Convention. The catch for their special use the flesh-bers for the districts in that county section as reported by the committee pots of the State, so as to get in their may live in one of those districts. provides as follows: mouths the public pap, in order to get This does not meet my view; and I fat at the expense of the people. Now, am certain it will not meet the views there are a great many who want pap. of the constituency which I have the I apprehend there are outside of the honor to represent on this floor. It Legislature those who are just as good seems to me that if the section resuckers, and want as much pap as ported by the committee should be those who are in the Legislature. But adopted, it would destroy all, or nearly they cannot be accommodated if the all, that we hope to gain by our dismembers of the Legislature are allowed trict system. I therefore hope that to hold these offices. In that case my amendment will prevail.

+

:

be a citizen of the United States, and a quali"Every Senator and Representative shall fied elector of some county embraced in the district he represents, or of which said district shall be a part. A removal from his county, or the counties comprising his district, shall be deemed a vacation of his

office."

[ocr errors]

To say that he shall reside in the county embraced in the district he represents, is the same as saying that he

shall be a qualified elector of his dis- require some candidate who has been ticket for the county. For that reason trict, or of the same county of which nominated for a district to remove into I hope that the amendment will presaid district shall be a part. The only the district and take up his residence vail. reason that I know for putting in this there ten days before election. Mr. COOLIDGE. I fail to see the provision was, that in a change of rep- I thought the gentleman from Clin- force of the objection made to the secresentative districts, it might so hap-ton (Mr. DANIELLS) meant to be a little tion as it now stands. I may be wrong pen, in a county having two represen- facetious when he suggested that all in my understanding of that section. tatives, that a change of a single town the virtue of the rural districts, finding It provides that every senator and from one district to another, would that it could get into the Legislature representative shall be a citizen of the change the location of one of the rep- better from the county seat, would re- United States, and a qualified elector resentatives who was then holding a move to that county seat, and thus of some county embraced in the disseat in the Legislature, and put him leave the country districts without any trict he represents. Now, if I underin a district which he did not immedi- virtue. If there is any danger of that, stand that language, a representative ately represent. Yet the people of his I hope these words will be stricken out. may be chosen from a district comparticular district might desire to Still, these words might be of use in prising more than one county, but he reelect him to the Legislature, for their some cases hereafter, should it so hap- must be a resident of one of the own local purposes, considering him pen that some district of the city of counties embraced in that district; the best man to continue the efforts he Detroit should be, to use an expression that is, he must reside in the district had begun for their advantage. The of one of the gentlemen from Kent, which he is elected to represent. The committee were of the opinion that, (Mr. FERRIS,) the other day, in oppo- language of the section, it is true, is with the jealousy existing between the sing an amendment which was offered not remarkably clear. But I submit candidates in a district, unless in such here, so much "scum" that it would that if I am correct in my understanda case as that to which I have referred, be advisable for them to go outside of ing of the section upon a close examit was not probable that any person the district to get a proper man to ination of it, it will be found that the would be selected out of the district. represent them. If there should be objection to it is not well taken. He But in the case I have mentioned, any part of the State with such a must reside in the district for which where a representative might have had population-I do not say it ever will he was chosen; you cannot make it in charge some particular matter not be so,-but if it should be that they plainer than that. If I understand yet settled by the Legislature, the peo- could not find in their district any the language, it contemplates that ple might desire to have the same men honorable and virtuous man who there may be two or more counties in continue to represent them. Perhaps would make them a good and credita- one district. If so, all that is required it was for that reason that this provis-ble and virtuous representative, should of the representative is that he shall ion was made. they be compelled to demoralize and reside in some county within that disdisgrace themselves and the Legisla- trict; he cannot be selected from any ture by sending one of their number county outside of that district. If the here? Why not let them go outside district comprises but one county, then of their district to get a virtuous and he must reside in that district and proper man, unless, indeed, all the county. "Some county embraced in virtue of the county will go to the the district he represents;" therefore county seat, if it cannot get to the he must be selected from the district Legislature in any other way? he represents.

[ocr errors]

Mr. BILLS. Will the gentleman allow me to ask him a question? Mr. COOLIDGE. Yes, sir.

Mr. BILLS. Would there be any possible doubt about the matter if, instead of using the term "county" here, we use the term "district ?"

Mr. COOLIDGE. No, sir. Mr. BILLS. There seems to be a doubt, now, in the minds of some members, at least.

For myself I have no choice in the matter at all. I have never yet been acquainted with a district in this State, where I thought the people would go a great way out of it to find a man to represent them. But I would be willing to allow them to do so if they should choose. I do not myself consider it very material either way. I see Mr. BILLS. Why do we propose no particular objection to the section to adopt the system of electing repreas it stands; no danger of encroaching sentatives by separate representative upon the rights of any district. But districts? Why not elect the entire it might happen, it has happened in one hundred members of the House of one or two instances, that men have Representatives by a general State been thrown out of their district by a ticket, making our selections from any change in the township lines. Under county or part of the State we please? the present practice, although their I understand the object of the single former constituents might desire to district system to be this: that each have them represent them for another district shall have its own representaterm, they could not do so. I have no tive. I see no reason for adopting a Mr. COOLIDGE. I am speaking choice whether this section remains as constitutional provison which shall vio- of the strict construction of the lanit is, or is amended as proposed. It has late that principle. It seems to me, gauage of this section. I submit that no local application to any part of the therefore, that if we adopt the princi- nothing more can be made out of it State which I represent here. ple of electing representatives by single than what I have stated; therefore the Mr. LOVELL. I can see no cause districts, we should carry out that pur- objection to the section is not well for striking out the words proposed to pose altogether. Although it might in taken. Whether the language is the be stricken out by the amendment of the very rare cases be the desire of the best that can be chosen, is another gentleman from Lenawee, (Mr. STOCK- people, if allowed to do so, to go out- thing. I am saying that the objection WELL.) As the chairman of the com- side of their district to select a person is not good, because no other construcmittee has very well remarked, the to represent them in the Legislature, tion can be given to this language. constituents of every district will in all still the Constitution in that respect The section reads, "some county emprobability, in nine thousand nine hun- should be symmetrical and harmoni- braced in the district he represents, dred and ninety-nine cases out of every ous. We should carry out the purpose or of which that district shall be a part." ten thousand, select as their represen- for which the single district system was Now, if it is desired to change the tative some one residing in their dis- adopted, and not in any way vary that phraseology of this section, I have no trict. And if we strike out those words, system by adopting a provision which objection. But I submit that the lanthen in the ten thousandth case it might would result practically in a general guage cannot be made to mean what the

mover of the amendment seemed to indicate.

Mr. STOCKWELL. Will the gentleman allow me to ask him a question before he takes his seat?

Mr. COOLIDGE. Yes, sir. Mr. STOCKWELL. What does the gentleman say in regard to the case of a county which embraces two or more districts? Would not this section permit any person in the county to represent either of those districts? Mr. COOLIDGE. There are two things here. If a district embraces more than one county, the individual must reside in the district he represents. The second refers to a county embracing more than one district, and he must be a resident of the county of which the district shall be a part.

:

Mr. WILLIAMS. I desire to protest against some things in this section. It says, some county embraced in the district he represents." Now, I do not want the county of Clinton to be embraced in any other district, because I do not think my friend near me, (Mr. WALKER,) would vote as his colleague might desire him to vote. And I do not know how you could embrace other counties in these districts. I do not know how you would embrace the county of Lenawee, which has five representative districts, in one of these districts.

one town or village in the county; and by general ticket? But if we are gothey might also be taken from differ- ing to have a representation by disent parts of the county. tricts, then let us have that. I do not Mr. CONGER. That is the under- suppose that all the intelligence in the standing of the committee. I thought counties is collected at the county seat, that in my remarks some time ago I though in many cases it may be so. explained sufficiently what the inten- Still we have supervisors who do not tion and understanding of the com- reside at the county seat, and as genmittee were. If there are two, or tleman here well know, supervisors are three, or four representative districts a superior body of men. So I think in a county, this section would un- that the rural districts may be allowed doubtedly authorize the election of all to get along without being obliged to the representatives for the county from go to the county seat for their repréany district in that county, because any sentatives. one district would be a part of the county in which that district was situated. As I said before, the only reason for this provision was, not the expectation that any district would choose to go outside of its own limits, Mr. THOMPSON. I have but a but that the people of a district might brief suggestion to make, and will give have an opportunity, in case of a a single illustration. Take the county change of the boundary lines of a disof Lenawee, which is divided into two trict, to choose a person outside of districts; the dividing line between the that district who had formerly repredistricts runs through the city of sented them, and whose residence beAdrian. The two representatives in fore the change was within the limits the Legislature from those two districts of that district. As I said, I have no might both reside in the same county, choice in this matter one way or the and according to this section, might both live upon one side of the dividing I do not think, however, that it inline, and yet represent different dis- fringes at all upon the principles of the tricts. It seems to me very clear, that single district representative system. under this section a man might reside The nomination is by the district; the in the county, and yet not reside in the election is by the district. Each disdistrict which he is elected to represent. trict is set apart by itself, and the elecIf the district comprised an entire tors of that district alone have the choice county, or several counties, then the of the person to represent it. The view representative from that district would taken by the gentleman from Lenawee, have to live in the district. But sup- (Mr. STOCKWELL,) who introduced this posing that there were four districts amendment, is the correct view of this cornering in the city of Adrian; the section. Whether it be adopted or four representatives might all live in not, I consider very immaterial practione corner of Adrian, and yet repre- cally. I have no preference upon the sent those four districts. I am, therefore, decidedly in favor of the amendment proposed by the gentleman from Lenawee, (Mr. STOCKWELL.)

other.

subject, and I do not know that any
member of the committee has.

district in the Legislature. But he
says he does not doubt that they could
get a proper man at the county seat.

Mr. LAWRENCE. I must confess that I do not understand this section as I did at the commencement of this discussion, for the reason that I have since looked it over more closely. I do not see the necessity of any amendment here, even if we wish to retain the separate district system. This section reads: "Every senator and representative shall be a citizen of the United States, and a qualified elector of some county embraced in the district he represents." That means that if he is a senator representing more than one county, he must be a resident of one of those counties, or if he is a representative he must be a resident of the same county of which said district shall be part. If he is chosen to represent a part of the county, then he must be a resident of that portion of the county which comprises his district.

Mr. THOMPSON. The chairman of the committee on the legislative department does not. seem to think so.

Mr. LAWRENCE. I cannot help that; that does not change the meaning of the section at all. I think this section is as plain as it can be made.

Mr. DANIELLS. There has been one argument used here, which shows Mr. MUSSEY. I do not wish to to me most conclusively that this take up the time of the Convention in amendment should prevail; that is the discussing this subject; but I must argument of the gentleman from Gensay that I understand this section dif- esee, (Mr. LOVELL.) He conceives that ferently from the explanation given by there may be a rural district that has the gentleman from Berrien (Mr. CooL- not a man in it fit to make a proper IDGE.) And for the purpose of being representative of the interests of that set right in this matter, I wish to ask the chairman of the committee who reported this article, (Mr. CONGER,) if it was not the intention, and if they Mr. HENDERSON. If there is anydid not understand, that as the section thing in this section as now worded, now reads, the representative from the which is at all ambiguous, and there is district might live anywhere in the Mr. DANIELLS. I hope that the any real ground for the differénce of county in which that district was sit- gentleman will not do it just now, be- opinion which has been expressed here, uated? Take the county of St. Clair, cause I am very easily interrupted. then I think the section should be refor instance, or the county of Macomb; The gentleman from Lenawee, (Mr. lieved of that ambiguity. It seems to each of these counties has three mem- BILLS,) has expressed my sentiments me that the section is perfectly plain. bers of the House of Representatives. exactly. If we are going to do away I think the remarks made here have Under this section, it seems to me, with the district system, then why not been based upon the supposition that that all three members from either of have a general State system, and elect the counties are to determine whether those counties, might be taken from our representatives, all over the State, the representative shall be elected from

Mr. LOVELL. Will the gentleman allow me to interrupt him for a moment?

any portion of the county, and not that had a single representative district of the city of Detroit, where we know each district shall elect them. I appre-system, yet each district acting inde- that there are a great many persons hend the committee did not intend to pendently of all the other districts, who object to coming to the Legislatake away from the several districts was allowed to go anywhere within the ture, could go outside of their districts the privilege of choice which they now range of the entire State to choose its and select persons for that purpose. possess. It is left optional with every delegate; but whether any district And the people of any single district district, senatorial or representative, to availed itself of that privilege or not of Detroit might, by just crossing the select its representative from within its I cannot say. But certainly if there street, find some one to represent them, own limits. If in a representative dis- was no restriction in reference to the who would do better than any one trist the people desire to choose some election of delegates to this Conven- within their limits, especially when man who may be the champion of some tion, there would be no restriction there would be no local interests inparticular interest, in which they are here, because the rights of each dis- volved. I do not see why we cannot largely interested, they can go out of trict are enlarged, and it is given the trust the districts to look after their their district to choose that man. This right to go beyond its own limits to se- own interests in this matter. first clause of the section has reference lect the person to represent it. So far to the northern and newer counties, as we can determine from the results, where, for the election of one member as shown in this Convention, that systo the lower house, two or more coun- tem would work well. It certainly ties are united together. In that event, brought together a fine body of men he is to be a resident of one of those here. I cannot see, so far, that anycounties. But in the older counties, thing has worked badly under that if any subdivision of a county forming system. a district sees fit to elect as its repre- In regard to the proper construction sentative a citizen of another district, to be given to the language of this secthey can do so; but they cannot go beyond the limits of the county for that purpose. It is for them to determine that matter for themselves. There is no liberty of choice taken from them; on the contrary a larger choice is granted to them. I do not, however, think there ever will arise a case where the electors of any district will avail themselves of this new privilege. I think it will be a great while before that will be done. I think the danger is one about which we need have no apprehension.

tion, I must say that I do not think
the gentleman from Berrien, (Mr. CooL-
IDGE,) has given it as much attention
as he may have supposed, when he
commenced his remarks; I do not think
he had read the entire provision in ref-
erence to this matter. As I said before,
the provision of this section is substan-
tially the provision contained in the
law calling this Convention together.
I never heard that there could be more
than one construction put upon that
law; and I do not believe that more
than one construction can be put upon
this section. I am in favor of this sec-
tion as it is.

The CHAIRMAN. That is a part of the amendment already pending before the committee, and offered by the gentleman from Lenawee, (Mr. STOCKWELL.)

Mr. FERRIS. I suppose no one on this floor is afraid to trust the people in any particular. Whatever we do in this matter here, in making a Constitution, we ought to be systematic. If the proposition is to open a door so as to permit the people of any district to elect to the Legislature a person from any part of the State, because they believe either that he is more capable or will more fully represent them, then that is one thing. If the idea is to confine the election of the persons to the residents of the districts that they that is another thing. represent, that There are some advocates of the former theory; wise men have advocated the idea that the choice of persons to represent any district, either in Congress or in the Legislature, should not be confined to the districts they represent. I do not understand that it is the purpose of this committee to incorporate any such idea as that in this Constitution; but, on the other hand, as a general rule, to confine the selection of the representatives to the residents of the districts represented. If that be so, then let us abide by the rule throughout, so that all the parts of our Constitution may be consistent and harmonious.

Mr. SHELDON. I do not know that I exactly understand the position of this question. It seems to me there is Mr. BURTCH. I move to amend something beyond what we can see this section by striking out the words 'here. There seems to be a misunder-" some county embraced in." standing about the meaning of the language of this section. It looks to me just like this: that in the county of So far as I have watched the debate Lenawee, for instance, the people of Adrian with their great influence upon the amendment under considerawould be able to control all the smaller Mr. MORTON. I do not see any tion, some of the friends of the section, towns, so that the representatives and impropriety in allowing the people of as reported to us by the committee, senators from the districts embraced in a district to nominate a candidate re- claim that it substantially represents that county might all be taken from siding in the adjoining district, if, as is the same idea which is embraced in the city of Adrian. If that is the mean- the case in some districts, they have no the pending amendment. Others again ing, or effect, of this section, I am de- men who would run for the Legisla- claim that it does not present the same cidely opposed to it: I think it is all ture, that they desire to elect. We have idea, but opens the door a little wider, wrong. And I cannot see why, and I had men in our Legislature who would so that the selection may be made cannot see how, the committee came not remain here three weeks of the ses- anywhere in the county. I am not to report such a section. I hope there- sion; they were nominated and elected going to enter into the discussion of fore that the amendment of my col- when they were not at home. Now I the merits of this proposition. But we league, (Mr. STOCKWELL,) will prevail. would allow the people of any district have adopted the district system as the Mr. BARBER. I think that per- to go out of the district, and take up principal idea. My own individual haps the chairman of the committee any one they might think proper to preference is very strongly in faon the legislative department (Mr. represent them in the Legislature. I vor of confining the selection of CONGER) forgot to mention one reason think no harm would result from such members of the Legislature to the for the committee reporting this section a provision, and there might be good districts in which they reside. I am in its present form. I think they did come from it. If there is a clause in inclined to favor the amendment, so, following the precedent set by the the Constitution, allowing the people if for no other reason than because it Legislature in providing for the elec- of a district to nominate and elect for makes this section perfectly clear. If tion of delegates to this Convention. their representative some person out of we adopt the amendment, then it will It will be recollected that although we the district, then, perhaps the people be impossible to mistake the meaning

.

[graphic]

schools, or prosecuting attorney, shall be allowed to take or hold a seat in either house of the Legislature."

Mr. RICHMOND. I move to amend

of the section. As the section now cient importance to require their constands, it is perfectly apparent to this firmation by the Senate of the United committee, that it is capable of two States. It was not intended to exclude constructions, because the friends of inferior officers, although they might the section have argued in favor of re-be called United States' officers, be- the original section by striking out the taining the section as it is; some be- cause the committee did not deem words "allowed to take," and inserting cause it was different from the amend-them of sufficient importance to enthe words "elligible to;" so that it will ment, and others because it was just danger the legislation of the State, read, "shall be elligible to or hold a the same as the amendment. What- even if they were allowed to be memseat in either house of the Legislaever we put into the Constitution I bers of the Legislature. It was sugall votes given for any such person ture;" also to add to the section, "and shall be void."

think should be capable of but one construction. I favor the amendment because I think it will make the meaning of the section clear and specific.

The question was then taken upon the amendment of Mr. Stockwell, and upon a division-ayes 28, noes 24, it was agreed to.

No further amendment was offered to the section.

gested that there are certain postoffices
in this State, some four or five of them,
requiring appointments to them to be
confirmed by the Senate of the United
States, such as the postoffice at Detroit,
and perhaps two or three others. The
chief assessors and collectors of the
United States are required to be con-
firmed by the Senate of the United
States.

The next section was read as follows: Mr. MCCLELLAND. The difficulty SECTION 6. No person holding any elective with me was to tell exactly what this State office, except that of regent of the section meant from reading it over. It University, or member of the board of edu- says in making the exceptions of the cation, or holding the office of probate judge, county clerk, register of deeds, county persons prohibited from holding seats treasurer, sheriff, county superintendent of in the Legislature, "except that of reschools, prosecuting attorney, or any office gent of the University or member of to which he was appointed by the President of the United States, by and with the advice the board of education, or holding the and consent of the Senate, shall be allowed office of probate judge, county clerk," to take and hold a seat in either House of the etc., "or any office to which he was Legislature. appointed by the President of the United States," etc.

Mr. CONGER. If the language is imperfect then it can be amended.

It does not seem

From the reading of this section, and from the explanation given by the gentleman from St. Clair, (Mr. CONGER,) I apprehend the language used in the section, will not secure the object for which it was intended. A person may hold an office and be elected to a seat in the Legislature. After the election has been held, he can resign his first office and take his seat in the Legislature. I suppose the intention of the committee was to make all these persons inelligible to be elected, or to hold the seat. If the amendment I have offered is adopted, I think the object intended to be accomplished by the committee, will be secured.

Mr. HOLT. I have an amendment which I think will accomplish all that is desired. I would move to strike out the word "or," after the words "board of education," and insert the words.

"and no person." The section will "No person holding any

Mr. MCCLELLAND. I would inquire of the chairman of the committee who reported this section, (Mr. CONGER,) whether the object of the Mr. GIDDINGS. It would seem committee was to allow any United from the reading of this section, that then read: States officer in the State of Michigan all these officers were excluded from elective State office, except that of to be elected to the Legislature? As holding office in the Legislature, ex- regent of the University, or member of I understand this section, all those cept regents of the University and the board of education, and no person officers are exempted from the opera- members of the board of education. I holding the office of probate judge, tion of it; hence, all the United States have read the section over several county clerk, etc., shall be allowed to officers, from the judges of the differ- times, and I supposed that all these per- take or hold a seat in either house of ent United States courts, all the way sons were ineligible to the Legislature; the Legislature." down to deputy assessors and inspect- I think so now. The CHAIRMAN. The amendment ors, can be elected to the Legislature. Mr. CONGER. of the gentleman from Muskegon, (Mr. Mr. CONGER. I can only say, in to me that there can be any uncertain- HOLT,) is not properly an amendment answer to the gentleman, what the in- ty about the meaning of this section, to the amendment of the gentleman tention of the committee was. It has because there are no State officers ex- from Washtenaw, (Mr. RICHMOND.) It been suggested by some gentleman cepted but the regents of the Univer-will be received and held in abeyance, that there is a little imperfection in the sity and the members of the board of till the amendment of the gentleman lauguage employed in this section. education. The gentleman from Ma- from Washtenaw is disposed of. The intention of the committee was to comb, (Mr. MUSSEY,) has suggested Mr. COOLIDGE. I have looked at provide that no person holding any that there was some uncertainty about this section somewhat carefully, and I elective office in this State except re- this section. If he has an amendment submit that no different construction gent of the University, or members of to offer, I hope he will offer it. can be given to it than that indicated the board of education, should hold Mr. MUSSEY. If any gentleman by the gentleman from St. Clair, (Mr. a seat in either house of the Legisla- is anxious to get the floor to offer a CONGER.) It will be perceived that it ture; and that no person holding the better amendment than the one I de- commences, "no person holding any office of probate judge, county clerk, sire to offer, then I will yield to him. elective State office;" then follows the register of deeds, county treasurer, I have transposed this section some- exceptions, "except that of regent of sheriff, county superintendent of what so as to make the meaning clear. the University or member of the board schools, prosecuting attorney, or any I will offer as a substitute for the sec- of education." Then follows the partioffice to which he was appointed by the tion the following: ciple "holding," being the same that is President of the United States, by and "No person holding any office to which he used at the beginning of the section in with the consent of the Senate of the was appointed by the President of the the clause, "no person holding," etc. United States, should be allowed to United States, by and with the advice and The section goes on, consent of the Senate, or any elective State or holding the take or hold a seat in either house of office, except that of regent of the Univer- office of probate judge, county clerk," the Legislature. The object was to sity, or member of the board of education, etc., of course meaning no person holdor any one holding the office of probate exclude simply those persons holding judge, county clerk, register of deeds, county ing the office of probate judge, county office under the United States of suffi-treasurer, sheriff, county superintendent of clerk, etc. I think the section is correct

[graphic]
[ocr errors]
« SebelumnyaLanjutkan »