« SebelumnyaLanjutkan »
The question was on the amendment pense. They are the gentlemen who ment of the gentleman from Lenawee, of Mr. STOCKWELL.
receive guests; who act as the repre-(Mr. STOCKWELL,) will not prevail. If Mr. CONGER. I had supposed sentatives of their bodies here at the we assume to fix in this Constitution the that the committee on the legislative capital. Whether it creates additional compensation of members of the Legdepartment were unanimously in favor expense or not I am unable to say. islature, the policy of which I very much of allowing the Lieutenant Governor The gentleman from Macomb, (Mr. doubt, we fix it upon some principle, at least six dollars per day; but I see MussEY,) and the gentleman from Oak- intending to give them a proper comI was mistaken, by the position ta- land, (Mr. P. D. WARNER,) could pensation for the service which we ken by the gentleman from Monroe, answer that question better than I can. expect they will render the State. Now, (Mr. MORTON.) This compensation is all It looks a little more dignified I think no gentleman having any experience in that he will receive for his services; for them to receive a higher rate of the matter, setting aside the presumed there is no salary provided for him in compensation. But if the committee dignity of the office of presiding officer, the Constitution. I had supposed that are of the opinion that they should not, would be willing to accept the posithe committee were also in favor of then I am not strenuous about it, tion of the presiding officer of either allowing the Speaker of the House of either as a member of the committee of the Houses of the Legislature at the Representatives that extra compensa- who reported this article, or as a mem- same compensation provided for memtion. It seems to me very proper that ber of this Convention. The additional bers, without feeling that he the presiding officers of the two Houses expense to the State would be but very giving more labor to the State for the of the Legislature should receive this little. I think the additional compen- compensation, than if he was upon the additional compensation. They ought sation here recommended is no more floor. The duties of presiding officers to perform more duties than other than is right, and would be no more are more arduous, not only during the members; they ought to be here at all than is worthy of the dignity of the session, but outside of the sessions of times, and they generally are here at State. I hope, therefore, that the sec- the body. He has very arduous duties all times, presiding in their places, tion may remain as it is.
to perform to prepare himself for the and performing also the usual duties Mr. MUSSEY. I wish to ask the position. He must attend to all com: of other members.
gentlemen a question. Does he not munications addressed to that body, It seems to me that the dignity of understand this provision applies to and in other modes and ways he has the position, and the requirements the President of the Senate, and not more duties to perform than any one made of those officers in the discharge merely to the Lieutenant Governor? member of that body. If we fix the of their duties, would make it proper Mr. CONGER. · It is provided in compensation in proportion to the that they should receive this addition the article on the executive depart- labor performed, then we should give al compensation.
ment that the Lieutenant Governor the presiding officer an increased comI thought possibly the time was past shall perform the duties of President pensation. when this Convention would consider of the Senate. The President pro tem- There is also weight in the suggesthe question whether somebody else pore of the Senate is not President of tion made by the gentleman from St. could not be obtained to discharge the the Senate in the presence of the Lieu-Clair, (Mr. CONGER,) that we should duties of certain officers cheaper than tenant Governor. If the Lieutenant add something in the way of compenthey are now discharged. I know, Governor is absent, and the President sation for the presumed dignity of the there is a very learned man in our vi- pro tempore becomes actually Presi- office. With that view I should be in cinity who would be willing to be Gov- dent of the Senate, then he would favor of increased compensation to ernor for half the salary now paid the receive this compensation. This sec- these officers. And I would make Governor. I have heard men offer to tion applies to the Lieutenant Gov- more difference between them and the be judges of the supreme court at a ernor while President of the Senate, members of the Legislature, than is great deal less than we were giving or to the President pro tempore proposed in this report. I hold that those officers. And when anything of the Senate, in the absence of the same rule should apply to the was said about judges resigning be- the Lieutenant Governor. The object President of the Senate and Lieutencause in these hard times their salary of this section was to limit the Presi- ant Governor, that is applied to the of fifteen hundred dollars a year was dent of the Senate and the Speaker of Speaker of the House of Representanot sufficient, I have heard many of my the House of Representatives in regard tives. I think they should receive an brother sprigs of the law offer to take to the compensation they should re-increased compensation,
and their places at even a less salary. ceive and to avoid the very question above any other member of the LegisThere is no question but what there raised in former Legislatures, where it lature. I think this should be given are men in this State, willing to take was claimed that the Speaker might re- them out of respect to the dignity of office, and even underbid the salary ceive pay as a member of the House, and the office, and also because they have paid by the Constitution. But that is also receive the same compensation as more legislative duties to perform.
. not the rule by which we should be Speaker. With the construction which With this view, I hope the report of governed.
might perhaps legally have been placed the committee will stand, and that the The simple question with the com- upon the provision, the Lieutenant amendment will not prevail. mittee was, whether it was desirable Governor, while presiding in the Sen- Mr. P. D. WARNER. In any reto increase the compensation of the ate, would receive but three dollars per marks I may make upon this question, Lieutenant Governor and the Speaker day, while the Speaker of the House I do not wish to be understood as beof the House of Representatives. I in his two capacities would receive six ing moved or influenced in any manthought it was the unanimous opinion dollars per day. This clause was in- ner by the position. I occupy. Thereof the committee that they should re- tended to provide a fixed compensation fore I do not propose to say anything ceive an additional compensation. They for these two officers. I think the peo- in regard to the compensation of the are required, at least, to pay the closest ple of the State would desire that this Speaker of the House of Representaattention to their duties, if not to per- should be done. I hope this.commit- tives. But I desire to say a word in form more arduous duties; they have tee may view it in that light, and give behalf of the Lieutenant Governor. He some duties connected with their sta- to these officers, this compensation. is the second officer in the State. He tions, which perhaps require extra ex- Mr. FARMER. I hope the amend-is put in nomination by his party, and
Vol 2-No. 10.
is expected to go before the people, the responsibilities, as well as the ac- small compensation given. And I and is subjected to a large expenditure tual labor he is to perform. But I can- think there should be some weight atwhich candidates aspiring to less hon- not very well appreciate the idea of tached to the argument I have just ors are not subjected to. If successful adding compensation, in order to in the election, he is brought to the dignity to the office. If it really doés tion made between the two houses; presidency of the Senate by the Con- have that effect, then I would not only and therefore I would include the stitution. He comes here to Lansing; give an increase of pay to the presi- Speaker of the House of Representahe may endeavor to practice economy ding officers, but to the members. tives in the same category. in his expenditures. I know our pres- And, on that ground, I should regret Mr. MORTON. If I thought it was ent Lieutenant Governor is not an ex- that the members of this Convention necessary for the dignity of the Speaker travagant man, and I know the com- had not been provided with a compen- and the Lieutenant Governor, to make pensation he received did not pay his sation of six dollars, or eight dollars, their salaries higher than the members expenses in the city of Lansing. He per day.
of the Legislature receive, I should took pains to secure cheap lodgings, Mr. HOLT. I have an amendment certainly support it. I know those poand was charged eighteen dollars å which I dësire to offer, if it is in order. sitions are dignified, but whether the week at a private house, because he I desire to move to strike out the words office confers dignity upon the man was Lieutenant Governor of the State and the Speaker of the House of who holds it, depends upon the manner of Michigan, while ordinary members Representatives," and also the word in which he discharges his duties. I were charged but ten dollars. I only "each," so that it will read, “ the Presi- do not believe it will render either of refer to this to show the disposition of dent of the Senate shall be entitled to those offices more dignified by attachmen to take advantage of a man's six dollars per diem compensation," ing a little more compensation to them. position in life.
etc. My only object in offering that I cannot see the propriety of giving I believe that with the responsibili- amendment is to change the section so men who occupy the easiest position ties attached to the second officer in that I can vote for it. Were the pay in the legislative body, more pay than the State, the compensation granted of the Lieutenant Governor fixed in any is given to those who labor from early for the services to be rendered ought other part of the Constitution, I should in the morning until late at night, as in some measure to be commensurate be in favor of striking out this entire do chairmen of committees, in perwith the dignity and responsibilities of section. As it is, I think that by fecting the business placed in their the office. Therefore I hope that what- striking out the words “Speaker of charge. It requires more labor to ever action may be had by this com- the House of Representatives," this discharge properly the duties of chairmittee of the whole in regard to the might be a sufficient conpensation for man of some of our important comcompensation of the speaker of the him.
mittees, than it does to merely sit House of Representatives, about which Mr. GIDDINGS. I am unable to in the Chair and decide parliamentary I care nothing, this committee by its see why that distinction should be questions, which, after a couple of action will provide some suitable com- made. I understand that the duties weeks, is the easiest labor that a man pensation to be rendered to the Lieu- of the Speaker of the House of Repre- could be called upon to perform. The tenant Governor of the State. Mr. BLACKMAN. I may remark of the President of the Senate. I am not last longer than this session lasts.
sentatives are as arduous as the duties glory acquired in such a station does in regard to the Speaker of the House told that they are more so. Besides All the dignity and reputation that a of Representatives that we have here- in many States they have no Lieuten- man receives from such a position is tofore found no difficulty in getting a ant Governor; the-President of the obtained from the ability to discharge person to accept that office at the Senate, is the acting Lieutenant Gov- its dutiés properly. If he discharges present price. I would not wish to be ernor; when the Governor is not act-them as some Speakers have done, it understood as endorsing the view ing 'he acts in his stead. If you fix is rather an ođiüm upon him, than a alluded to by the gentlemen from St. the compensation upon the basis of cause of congratulation by his friends. Clair, (Mr. CONGER,) that we should the onerousness of the duties to be Mr. BLACKMAN. I would inquire always look to this question in fixing performed, it seems to me that the if there is not an amendment pending compensation. That is a view which I Speaker of the House of Representa- offered by the gentleman from Lenahave as strongly and uniformly opposed tives occupies as conspicuous a position wee, (Mr. STOCKWELL) ? as perhaps any other gentleman. But in that respect as the President of the The CHAIRMAN. There is, but as I think the cases are not exactly paral- Senate.
his amendment related to the compenlel; I think there is a little difference Mr. WILLARD. I hope the motion sation of both of these officers, and when we come to select a member out of the gentleman from Muskegon, will the motion of the gentleman from Müsof a hundred who have been selected not prevail
, for the simple reason, that kegon, (Mr. Holt,) was to strike out from all the State, for their peculiar it seems to make a distinction between one of these officers, though it does not qualifications. It strikes me that the the two houses. And I believe such a touch the words embraced in the question presents itself in a little dif- distinction should not be made. Mem- amendment of the gentleman from ferent manner; that we are not to act bers of the lower house wish to feel that Lenawee, the Chair entertained it, and in the same manner that we would in their presiding officer holds a position will submit it to the committee before fixing the salary of the Governor at of as much dignity and responsibility the other amendment. five hundred dollars, because there are as the presiding officer of the Senate. The question was taken upon the men in the State who might be con- The more attention I give to the sec- amendment of Mr. Holt, and it was ceited enough to think that they could tion now before us, the more I am in- not agreed to. fill that office, and would accept that clined to support it as it is, and to op- The question recurred upon the compensation. One thing more in re- pose all amendments to it. I think amendment of Mr. STOCKWELL to strike gard to the increased compensation, in that the compensation of the presiding out the words six dollars," and to inorder to give dignity to the office. I officer of the Senate should be suffi- sert the words “the same. agree that when we impose additional cient to clothe the office with some The amendment was agreed to, upon. responsibilities upon a man, he should dignity, and to incline men of charac- a division--ayes 32, noes 29. have compensation corresponding to ter not to reject it on account of the Mr. MORTON. I move that the
AND SPEAKER OF HOUSE.
diem compensation and the same same per
LEAVE OF ABSENCE.
committee rise, report progress, and
Salary one thousand dollars if I had ask leave to sit again.
I move that the any hope that it would be carried.
The question was taken on the The committee accordingly rose; and
amendment of Mr. TURNER, and on a the PRESIDENT having resumed the committee of the whole upon the gen. division, ayes 38, noes 13, it was agreed
Mr. MORTON. I move to further committee of the whole, pursuant to
The Convention accordingly resolved the order of the Convention, had had itself into committee of the whole, amend this section by striking out the
word « each." That word is unnecesunder consideration the article entitled (Mr. PRINGLE in the Chair,) and re“Legislative Department;" had made sumed the consideration of the
article sary since the amendment of the gen
tleman from Shiawassee, (Mr. TURNER,)
” some progress therein, and had directed entitled “ Legislative Department."
has been adopted. him to ask leave for the committee to COMPENSATION OF PRESIDENT OF SENATE Mr. LUCE. I suppose it would be
proper to strike out all of this section Leave was accordingly granted.
The CHAIRMAN. When the com- after the amendment which has just Mr. HENDERSON. Imove that the mittee rose this morning it had under been adopted, because the Speaker of Convention now take a recess.
consideration section twelve of this the House of Representatives, receiving The motion was agreed to; and ac- article which had been amended to the same compensation as a member of cordingly, (at five minutes past 12 read as follows:
the Legislature, there can be no occao'clock, p. m.,) the Convention took a recess until 3 o'clock p. m.
SECTION 12. The President of the Senate sion for retaining the rest of this secand the Speaker of the House of Representa- tion. tives sball each be entitled to the same per Mr. TURNER. I intended to include
members of the Legislature, and no more. • AFTERNOON SESSION.
Mr. TURNER. I move to amend
The question was taken upon the
Mr. LUCE. I now move to strike The roll was called, and a quorum of five hundred dollars, which shall be out all of this section after the amendanswered to their names.
in full for his services as Lieutenant ment which was adopted on motion of .
Governor and President of the Senate.”. the gentleman from Shiawassee, (Mr. Mr. LOTHROP. I am obliged to. I do not propose to take up much of TURNER,) so that the section will read: ask leave of absence for myself after the time of this committee in discuss
16 The President of the Senate shall receive to-day, until Tuesday next.
ing this amendment. The subject of an annual salary of five hundred dollars, Leave was accordingly granted.
this section has already been quite fully wbich shall be in full for his services as LieuMr. LOVELL. I ask leave of ab- discussed. It does seem to me, how- tenant Governor and President of the Sensence for myself after to-day, until ever, that in a State like this, if we are
There certainly can be no use in reTuesday next.
going to retain the office of LieutenLeave was accordingly granted.
ant Governor he should receive a little taining the balance of this section. LENGTH OF SESSIONS OF THE LEGISLATURE, of the House of Representatives, or a more compensation than a member The Speaker of the House, even as a
member of the House, will be entitled
. consent, offered the following resolu-due to the dignity of the office, it other members of the House, and tion, which was adopted:
It is certainly mere Resolved, That the State Librarian. be re- the State, to pay something at least for surplusage to retain that portion of the
seems to me it is due to the dignity of nothing more. information in regard to the length of each the office. I know it has been said section which now relates to the Speaker session of the Legislature, from and includ. here by gentlemen that there are men
of the House of Representatives. is the year 1835 to and including the year enough who would accept that office The amendment of Mr. Luce was
with the present compensation. I have agreed to. Mr. MILES. I ask unanimous con- no doubt of that whatever; I have no No further amendment was offered sent to offer the following resolution doubt there are many
men enough who to the section. for consideration at this time:
Resolved, That the several county clerks Chief Justice of the State for one half The next section was read as follows: in this State be required to furnish to this of the compensation paid to those offi- SECTION 13. In case of a contested election, Convention, without delay, a statement show
But they are not the kind of each House shall determine the amount of ing the aggregate number of days session of
per dieni compensation and mileage to be rethe circuit court in their respective counties, men we want to fill those offices.
ceived by each contestant; but the per diem during the year 1866.
Certain gentleman here have talked compensation allowed to both parties, shall No objection being made, the ques- a great deal about the rights of the not exceed the sum of four dollars per day. tion was upon the adoption of the res- poorer classes. Certainly no man could
Mr. SAWYER. I move to amend olution.
afford to accept the office of Lieutenant this section by striking out the word Mr. GIDDINGS. I think the reso- Goverħor now, unless he was a man of "each," before the word "contestant," lution should read "requested," in some means. He could not afford to and inserting in lieu thereof, the words stead of “required.".. We cannot re- come here and spend three months of "the rejected;" and also striking out quire the clerks to do this or that.
the year, or the session of the Legisla- the words and both parties;" also Mr. NINDE. I think we can re-ture, and act as President of the Senate striking out “four," and inserting the quire them. Under the law calling for four dollars per day, unless he has word "two." The section would then this Convention together, we are au- more means than most of those have read: thorized to send for persons and pa- bad who have held that office. I cer- “In case of a contested election, each Šouse pers. tainly hope the amendment will be shall determine the amount of per diem com
pensation and mileage to be received by the The resolution was agreed to. adopted. I would move to make the rejected contestant; but the per diem compen
CIRCUIT COURT SESSIONS.
PAY OF CONTESTANTS.
sation allowed shall not exceed the sum of a compensation of four dollars per to be entitled to a seat by the House in which two dollars per day.”
day. I think this provision should be the contest takes place." I desire simply to obtain an expres- left so that each House could deter
I understand that that section was sion of the sentiments of this commit- mine how much the defeated contes- adopted to correct an abuse which had tee
upon this subject. It struck me tant should receive, without affecting grown up under the Constitution of when I read the section, that when a the per diem compensation to be paid / 1835. That abuse consisted in this: person had been elected by a constit- to the member whose right to the seat gentlemen from the northern part of uency, and came here to the House, or is sustained.
the State would contest seats in the to the Senate, to represent them, it was
Mr. SAWYER. I rather think, as Legislature, and both the contestant not exactly in accordance with justice, the gentleman from Kent, (Mr. and sitting member would come here that, because some person chose to WITHey,) has suggested, that I have and draw pay for the entire session. I contest his seat, he should be deprived been taken in a little by the gentleman have seen something of the workings of half of his compensation. It seems from Clinton, (Mr. DANIELLS. I think of the section in the Constitution of to me that a member who has suc- I would rather have the question taken 1850, and I have seen that it might ceeded in an election, which has been on my original proposition; therefore work injustice. In the Legislature of declared legal by the'House to which I will not accept the amendment of 1865 there were some ten er twelve he is elected, has a certain right and the gentleman from Clinton.
members in the House who were elected franchise; and that franchise is, that
Mr. DANIELLS. It looks to me as
by what was called the soldiers' vote. he as a member of that House or Sen-though my amendment would do ex
Towards the close of the session the ate, shall be entitled to the same com
actly what I intend it should do; that supreme court decided that the law, pensation and per diem allowed to is, leave it to the House to determine under which the votes of the soldiers other members whose seats may not the amount of compensation to be re
were received, was not a legal law. be contested. So far as regards the ceived by each contestant. I do not The members holding their seats, and rejected contestant, I am not certain think there is any danger that the who had held them during the session, that it would not be well to leave each House will not give just compensation came near losing them under this deHouse the right to determine what to each of the parties. I would risk it, cision, lacking but one vote in the compensation, if any, he shall receive.
Senate and but a few votes in the House,
any rate, if I were the contestant or I have fixed it in my amendment at the member holding the seat. The to accontplish that purpose. Now, two dollars. I propose that, however, law gives the member four dollars per that, to deprive the one who had been
would it be right, in such a case, as merely to obtain an expression of day. Then there comes in the conthe opinion of this committee of testant; if the Legislature deem the holding the seat during the session of the whole. There might be cases contestant entitled to the seat, he will any compensation? It seemed to me where it would be justice to allow get the compensation. At all events, I. and to the committee, that it would a certain amount of
have no doubt they will treat him obviate any injustice of that kind to pensation. There might, however, be fairly.
leave to the Legislature the right to cases where it would be great injustice
The CHAIRMAN. The question provide what compensation should be to the people to allow him anything. Mr. DANIELLS. I have an amend- ment of the gentleman from Lenawee, will be first taken upon the amend- allowed. We thought it would be bet
ter to provide that there should be but ment here which I think will meet the (Mr. SAWYER.)
one compensation paid. I think the views of the gentleman precisely. It Mr. BILLS. I wish to make a sug
section should be left without amendis to strike out all after the word “con- gestion in regard to the amendment ment, so that the Legislature may distestant,” and also strike out the word now pending. My view, however, tribute the compensation in case of a “ each," and insert the word “a.” The would be that the successful candidate contest, and still the State be obliged section would then read: In case of is really entitled to all the pay for the to pay for only one hundred members a contested election each House shall member of the district in question; in the House, determine the amount of per diem, that, I think, is a mere matter of jus
Mr. P. D. WARNER. There is one compensation and mileage to be re- tice.
I think this Convention, in consideration to which the member ceived by a contestant.” It seems to making a provision upon the subject, from Branch, (Mr. Luce,) did not reme that is all we should put in the should do nothing whereby the Legis- fer, þut which might have an influence Constitution.
lature might feel themselves authorized upon the minds of this committee. It Mr. SAWYER. That is satisfactory to reduce his pay. In regard to the will be noticed that this section pro
Mr. WITHEY. I do not think that to the unsuccessful candidate, I would ceived by both · contestants shall be covers the ground proposed to be leave that matter wholly to the discre- four dollars per day. Bat mileage may covered by the amendment of the gen- tion of the Legislature, without any I think it was the understanding of
be received by each of the contestants. tleman from Lenawee, (Mr. SAWYER.) limitation. I understand, however, that he ac
the committee, that the allowance of
Mr. LUCE. I hardly know what mileage to each contestant would make from Clinton, (Mr. DANIELLS. If that the particular question, or motion, or up what the per diem allowed. pouka amendment shall be adopted by the amendment now pending is. However, fail to cover. committee the result will be, that the as I am opposed to all amendments to
Mr. FARMER. I do not think I member who holds his seat may not this section, I can safely speak in favor can vote consistently upon either of the get his four dollars per diem. If it of retaining the section as it is. This
amendments now pending, because be divided by the Legislature be- section met 'my approbation when it they do not correspond with my views tween the two contestants, the party who is rejected may get the half, and reported it. I am still in favor of re that the person declared to be entitled the party whose right to the seat is taining the section as it now is. Into the seat should be awarded full pay sustained will have only the remaining
the present Constitution it is provided: and mileage. The person •contesting Under a preceding section of
" In case of a contested election, the per the seat, although unsuccessful, should this article each member is entitled to compensation and mileage, who is declared be paid something. He comes here
of what this section should be. I think
with the honest opinion that he is en- stand them. The gentleman from made by some town clerks in spelling titled to the seat. I think that the Clinton, (Mr. DANIELLS,) says there can some of the names--I want to know if Legislature would be the better judges be but one contestant. A contestant those members should be deprived of of what the person not succeeding in is one who claims the seat; not, as I un- their pay, or placed in a position where getting the seat should receive, because derstand it, in opposition to the one they would be obliged to ask the Legthey would know the circumstances in who holds the seat. I admit that the gislature to allow them compensation, each particular case. I do not think gentleman is a member of-the com- while those holding the seats by means that the amendment proposed would mittee on phraseology, but that is the of bogus certificates, should receive place this section in such a different way I understand it.
pay and mileage for the time they held light that it would meet my approba- Mr. DANIELLS. It is evident that those seats? For my part, I think not. tion. If in order, I would propose an the gentleman does not understand Mr. COOLIDGE. I would ask the amendment to this section. Latin. [Laughter.]
“gentleman if, in the case to which he Mr. DANIELLS. I think the gen- Mr. MUSSEY. I admit that the refers, the persons who came here aftleman from Berrien, (Mr. FARMER,) if gentleman outranks me in that. I do terwards and claimed that those holdhe will examine the amendment I pro- not want to be compelled to drag him ing the seats had no right to them pose, will find that it meets his views along with me, whenever I undertake were not contestants? exactly. I propose to strike out all to read the Constitution, to find out Mr. MUSSEY.
That is so; they after the word is contestant," and to what it means. What I desire is this: were contestants. But I claim that insert the word “a” in place of “each," if a person comes here and contests a when they obtained those seats they before the word "contestant."
seat and obtains it, then I want to put were entitled to all the rights and Mr. FARMER. If the amendment him on a par with the rest of the mem- privileges of any other members of the proposed by the gentleman from Len- bers. I do not know what facilities the House. I hold that those who occupied awee (Mr. SAWYER) should fail, then gentleman may have for construing the seats up to the time the contest the amendment of the gentleman from language so as to require the one re-was decided, were the parties who Clinton (Mr. DANIELLS) would come taining the seat, or obtaining it, to should be placed in limbo, and not nearer to meeting my views.
submit his claim for compensation to those who were rightfully entitled to Mr. DANIELLS. I do not suppose the Legislature.
the seats. that we can provide in the Constitution Mr. COOLIDGE. I desire to help Mr. DANIELLS. The member who a clause that would meet every case my brother on the committee on phra- came here with his certificate and took that may arise hereafter, between con- seology, (Mr. DANIELLS.) I think he is his seat would of course draw pay untestants and the Legislature. I pro- correct beyond all question. In each der the former section of this article; pose to submit the whole matter to the election some one is elected. When he would draw his four dollars per Legislature, they are the best judges the matter comes up in the House or day. The member contesting his seat in the premises. Perhaps if we could in the Senate, there is no election by after the contest was decided in his have before us every case, we might be either of those bodies; they merely de- favor, would get such pay as Legislasuperior to them; but as they will have clare who is elected. Therefore, I sup- ture would grant. all the facts before them, I think they pose that, strictly, there can be but one Mr. MUSSEY. The present Constiwill have wisdom enough to decide the contestant. One of the parties is a tution provides that only the person matter correctly
member, and the decision by the House succeeding in the contest shall receive The question was then taken upon of the Legislature, is simply as to any pay as member. the amendment of Mr. SAWYER, and it which one is the member. The one Mr. DANIELLS. I mean under the was not agreed to.
who brings his credentials to the House new Constitution which we are making. The question recurred upon the is presumed to be the member elected; I do not refer to the old Constitution. amendment of Mr. DANIELLS.
the person contesting that is the con- Mr. VAN VALKENBURGH. It Mr. BLACKMAN. I desire to offer testant.
seems to me that all that is desired by a substitute for the amendment of the Mr. MUSSEY. I wish merely to say gentlemen who have spoken on this gentleman from Clinton, (Mr. DAN- a word, because between the gentle- subject will be obtained by striking out IELLS,) to insert the word "unsuccess- man from Clinton, (Mr. DANIELLS,) and all after the word " “contestant” and ful,” in place of “each," before the the gentleman from Berrien, (Mr. Coo-inserting the word “the,” in place of word "contestant," so that it will read LIDGE,) I think I may be set right; If the word "each," so that it will read: “compensation and mileage to be agree with the gentleman from Berri- "each house shall determine the received by the unsuccessful contest- en, that one is elected, and the other amount of per diem compensation, and ant."
is not. But take the cases that occur- mileage to be received by the conMr. DANIELLS. I think there can red in the county of Macomb; unfortu- testent." Now, I am of the opinion be but one contestant; the one is the nately in a certain election there we got expressed by the à sitting member, the other is the con- rather mixed up. One of each politi- ton, (Mr. DANIELLS,) and the gentletestant. I think the article “a” is the cal party obtained a large majority of man from Berrien, (Mr. COOLIDGE,) proper word to be used.
votes; but the one of each party who that the member who retains his seat Mr. BLACKMAN. I will move as a got the least number of votes obtained receives his per diem allowance of four substitute to the amendment to strike the certificate and took his seat in the dollars per day, and his mileage. We out all after the word “contestant;" Legislature. The people did not feel desire, therefore, merely to prepare also to strike out “each," and insert disposed to be cheated in that way, a provision in relation to the unsuccessthe words “the unsuccessful," so that and therefore, they advised those who ful contestent. I think it is safe to it will read, “in case of a contested received the large majority of votes to leave it with the Legislature to say election, each house shall determine contest the seats of those who were what the contestant shall receive. It the amount of per diem compensation holding them under the credentials. seems to me that we shall accomplish and mileage to be received by the un- They did so, and obtained the seats. all that is necessary by making the successful contestant."
Now, I want to know if these two mem- change I have suggested. Mr. MUSSEY. I am opposed to bers who received a majority of the votes Mr. BURTCH. In looking over this both of these amendments, as I under-1 of the people--except a little blunder article, I cannot see that there is any