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that he will receive for his services; there is no salary provided for him in the Constitution. I had supposed that the committee were also in favor of allowing the Speaker of the House of Representatives that extra compensation. It seems to me very proper that the presiding officers of the two Houses of the Legislature should receive this additional compensation. They ought to perform more duties than other members; they ought to be here at all times, and they generally are here at all times, presiding in their places, and performing also the usual duties of other members.

was

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 for them to receive a higher rate of the matter, setting aside the presumed compensation. But if the committee dignity of the office of presiding officer, are of the opinion that they should not, would be willing to accept the posi then I am not strenuous about it, tion of the presiding officer of either either as a member of the committee of the Houses of the Legislature at the who reported this article, or as a mem- same compensation provided for member of this Convention. The additional bers, without feeling that he expense to the State would be but very giving more labor to the State for the little. I think the additional compen- compensation, than if he was upon the sation here recommended is no more floor. The duties of presiding officers. than is right, and would be no more are more arduous, not only during the than is worthy of the dignity of the session, but outside of the sessions of State. I hope, therefore, that the sec- the body. He has very arduous duties tion may remain as it is. to perform to prepare himself for the Mr. MUSSEY. I wish to ask the position. He must attend to all comgentlemen 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. tempro when this Convention would consider of the Senate. The President 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, over their places at even a less salary. There is no question but what there are men in this State, willing to take office, and even underbid the salary paid by the Constitution. But that is not the rule by which we should be governed.

and above any other member of the LegisI think this should be given lature. them out of respect to the dignity of the office, and also because they have more legislative duties to perform. With this view, I hope the report of the committee will stand, and that the amendment will not prevail.

ceive and to avoid the very question raised in former Legislatures, where it was claimed that the Speaker might receive pay as a member of the House, and also receive the same compensation as Speaker. With the construction which might perhaps legally have been placed The simple question with the com- upon the provision, the Lieutenant Mr. P. D. WARNER. In any remittee was, whether it was desirable Governor, while presiding in the Sento 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. of 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 commitform more arduous duties; they have tee may view it in that light, and give some duties connected with their sta- to these officers this compensation. tions, which perhaps require extra ex- Mr. FARMER. I hope the amend

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Vol 2-No. 10.

tives. But I desire to say a word in behalf of the Lieutenant Governor. He is the second officer in the State., He is put in nomination by his party, and

he

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And I

is expected to go before the people, the responsibilities, as well as the ac- small compensation given. 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 give used, that there should be no distincin the election, he is brought to the dignity to the office. If it really does 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 Representamay 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 a which I desire 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. tenant Governor of the State. sentatives are as arduous as the duties glory acquired in such a station does Mr. BLACKMAN. I may remark of the President of the Senate. I am not last longer than the session lasts. 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 duties 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 odium 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 always look to this question in fixing performed, it seems to me that the compensation. That is a view which I Speaker of the House of Representahave as strongly and uniformly opposed tives occupies as conspicuous a position 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 Musof 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. men in the State who might be con- The more attention I give to the secceited enough to think that they could tion now before us, the more I am infill that office, and would accept that clined to support it as it is, and to opcompensation. One thing more in re- pose all amendments to it. I think gard to the increased compensation, in that the compensation of the presiding order to give dignity to the office. I officer of the Senate should be suffiagree 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

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Mr. BLACKMAN. I would inquire if there is not an amendment pending offered by the gentleman from Lenawee, (Mr. STOCKWELL)?

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

The question recurred upon the amendment of Mr. STOCKWELL to strike out the words "six dollars," and to insert the words "the same."

committee rise, report progress, and
ask leave to sit again.

The motion was agreed to.
The committee accordingly rose; and

LEGISLATIVE DEPARTMENT.

Mr. MUSSEY. I move that the

Convention now resolve itself into

Salary one thousand dollars if I had
any hope that it would be carried.
The question was taken on the
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

Chair,

Mr. PRINGLE reported that the committee of the whole, pursuant to

the order of the Convention, had had under consideration the article entitled "Legislative Department;" had made some progress therein, and had directed

eral order.

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."

him to ask leave for the committee to COMPENSATION OF PRESIDENT OF SENATE sit again.

Leave was accordingly granted.
Mr. HENDERSON. I move that the

Convention now take a recess.

The motion was agreed to; and accordingly, (at five minutes past 12 o'clock, p. m.,) the Convention took a recess until 3 o'clock p. m.

• AFTERNOON SESSION.

The Convention re-assembled at 3 o'clock p. m., and was called to order by the PRESIDENT.

The roll was called, and a quorum answered to their names.

LEAVE OF ABSENCE.

Mr. LOTHROP. I am obliged to ask leave of absence for myself after to-day, until Tuesday next.

Leave was accordingly granted.
Mr. LOVELL. I ask leave of ab-
sence for myself after to-day, until
Tuesday next.

Leave was accordingly granted. LENGTH OF SESSIONS OF THE LEGISLATURE, Mr. W. A. SMITH, by unanimous consent, offered the following resolution, which was adopted:

Resolved, That the State Librarian be requested to communicate to this Convention, information in regard to the length of each session of the Legislature, from and including the year 1835 to and including the year

AND SPEAKER OF HOUSE.

The CHAIRMAN. When the committee rose this morning it had under consideration section twelve of this article which had been amended to read as follows:

SECTION 12. The President of the Senate and the Speaker of the House of Representatives shall each be entitled to the same per diem compensation and the same mileage as members of the Legislature, and no more.

to.

Mr. MORTON. I move to further

amend this section by striking out the

word" each.'

"each." That word is unneces

sary since the amendment of the gentleman from Shiawassee, (Mr. TURNER,) has been adopted.

Mr. LUCE. I suppose it would be proper to strike out all of this section after the amendment which has just been adopted, because the Speaker of the House of Representatives, receiving the same compensation as a member of the Legislature, there can be no occasion for retaining the rest of this section.

Mr. TURNER. I intended to include in my motion to strike out the word

"each.'

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The question was taken upon the motion of Mr. MORTON to strike out word "each," and it was agreed to.

Mr. LUCE. I now move to strike out all of this section after the amendment which was adopted on motion of the gentleman from Shiawassee, (Mr. TURNER,) So that the section will read:

Mr. TURNER. I move to amend this section by inserting after the words "the President of the Senate," the words "shall receive an annual salary of five hundred dollars, which shall be in full for his services as Lieutenant Governor and President of the Senate." do not propose to take up much of the time of this committee in discussing this amendment. The subject of an annual salary of five hundred dollars, this section has already been quite fully which shall be in full for his services as Lieudiscussed.

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ever, that in a State like this, if we are going to retain the office of Lieuten- There certainly can be no use in reant Governor he should receive a little taining the balance of this section. 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 member of the Senate. If it is not to the same compensation provided for due to the dignity of the office, it other members of the House, and nothing more. It is certainly mere seems to me it is due to the dignity of the State, to pay something at least for surplusage to retain that portion of the the office. I know it has been said section which now relates to the Speaker of the House of Representatives. here by gentlemen that there are men enough who would accept that office with the present compensation. I have Mr. MILES. I ask unanimous con- no doubt of that whatever; I have no sent to offer the following resolution doubt there are men enough who would accept the office of Governor or Chief Justice of the State for one half of the compensation paid to those officers. But they are not the kind of men we want to fill those offices.

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Certain gentleman here have talked No objection being made, the ques- a great deal about the rights of the tion was upon the adoption of the res-poorer classes. Certainly no man could olution. afford to accept the office of Lieutenant Governor now, unless he was a man of some means. come here and spend three months of "the rejected;" and also striking out the year, or the session of the Legisla- the words "and both parties;" also ture, and act as President of the Senate striking out "four," and inserting the for four dollars per day, unless he has word "two." two." The section would then more means than most of those have had who have held that office. I certainly hope the amendment will be adopted. I would move to make the

Mr. SAWYER. I move to amend this section by striking out the word "each," before the word "contestant,' words

He could not afford to and inserting in lieu thereof, tha

Mr. NINDE. I think we can require them. Under the law calling this Convention together, we are authorized to send for persons and papers.

The resolution was agreed to.

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the State would contest seats in the

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." I desire simply to obtain an expres- left so that each House could deterday. I think this provision should be the contest takes place." 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. to the Senate, to represent them, it was not exactly in accordance with justice, that, because some person chose to contest his seat, he should be deprived of half of his compensation. It seems to me that a member who has suc- I ceeded in an election, which has been declared legal by the House to which he is elected, has a certain right and 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 exTowards the close of the session the ate, shall be entitled to the same comactly 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. at any rate, if I were the contestant or I have fixed it in my amendment at the member holding the seat. two dollars. I propose that, however, law gives the member four dollars per The merely to obtain an expression of day. Then there comes in the conthe opinion of this committee of testant; if the Legislature deem the the whole. There might be cases contestant entitled to the seat, he will where it would be justice to allow get the compensation. At all events, I him a certain amount of pensation. There might, however, be fairly. com-have no doubt they will treat him cases where it would be great injustice The CHAIRMAN. to the people to allow him anything.

Mr. SAWYER. I rather think, as Legislature, and both the contestant the gentleman from Kent, (Mr. and sitting member would come here WITHEY,) has suggested, that I have and draw pay for the entire session. I been taken in a little by the gentleman have seen something of the workingsfrom Clinton, (Mr. DANIELLS.) I think of the section in the Constitution of would rather have the question taken 1850, and I have seen that it might on my original proposition; therefore work injustice. In the Legislature of I will not accept the amendment of 1865 there were some ten or twelve the gentleman from Clinton.

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Senate and but a few votes in the House, that, to deprive the one who had been to accomplish that purpose. Now, would it be right, in such a case as holding the seat during the session of any compensation? It seemed to me and to the committee, that it would obviate any injustice of that kind to leave to the Legislature the right to The question provide what compensation should be will be first taken upon the amend- allowed. We thought it would be betMr. DANIELLS. I have an amendment of the gentleman from Lenawee, ter to provide that there should be but ment here which I think will meet the (Mr. SAWYER.) one compensation paid. I think the section should be left without amend

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in the House.

views of the gentleman precisely. It Mr. BILLS. I wish to make a sugis 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; 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, but 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 proMr. WITHEY. I do not think that to the unsuccessful candidate, I would ceived by both contestants shall be compensation which should be awarded vides that the compensation to be releave that matter wholly to the discretion of the Legislature, without any limitation.

to me.

covers the ground proposed to be
covered by the amendment of the gen-
tleman from Lenawee, (Mr. SAWYER.)
I understand, however, that he ac-
Mr. LUCE. I hardly know what
cepts the amendment of the gentleman the particular question, or motion, or
from Clinton, (Mr. DANIELLS.) If that
amendment shall be adopted by the amendment now pending is. However,
committee the result will be, that the as I am opposed to all amendments to
member who holds his seat may not
this section, I can safely speak in favor
of retaining the section as it is. This
get his four dollars per diem. If it
may be divided by the Legislature be-section met my approbation when it
tween the two contestants, the party
was considered by the committee who

four dollars per day. But mileage may I think it was the understanding of be received by each of the contestants. the committee, that the allowance of up what the per diem allowed would mileage to each contestant would make at the

Mr. FARMER. I do not think I can vote consistently upon either of the auendments now pending, because they do not correspond with my views that the person declared to be entitled the party whose right to the seat is taining the section as it now is. In to the seat should be awarded full pay sustained will have only the remaining the present Constitution it is provided: and mileage. The person contesting

who is rejected may get the half, and reported it. I am still in favor of re

half. Under a preceding section of this article each member is entitled to

of what this section should be. I think

"In case of a contested election, the per- the seat, although unsuccessful, should son only shall receive from the State per diem compensation and mileage, who is declared be paid something. He comes here

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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 approbathose seats? For my part, I think not. tion. If in order, I would propose an amendment to this section.

Mr. DANIELLS. It is evident that the gentleman does not understand Latin. [Laughter.]

Mr. COOLIDGE. I would ask the 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 "contestant," and to what it means. What I desire is this: insert the word "a" in place of "each," if a person comes here and contests a before the word "contestant." seat and obtains it, then I want to put Mr. FARMER. If the amendment him on a par with the rest of the memproposed by the gentleman from Len-bers. I do not know what facilities the awee (Mr. SAWYER) should fail, then gentleman may have for construing the amendment of the gentleman from language so as to require the one reClinton (Mr. DANIELLS) would come taining the seat, or obtaining it, to nearer to meeting my views. submit his claim for compensation to the Legislature.

Mr. DANIELLS. I do not suppose that we can provide in the Constitution a clause that would meet every case that may arise hereafter, between contestants and the Legislature. I propose to submit the whole matter to the Legislature, they are the best judges in the premises. Perhaps if we could have before us every case, we might be superior to them; but as they will have all the facts before them, I think they will have wisdom enough to decide the matter correctly.

were contestants. But I claim that when they obtained those seats they were entitled to all the rights and privileges of any other members of the House. I hold that those who occupied the seats up to the time the contest was decided, were the parties who should be placed in limbo, and not those who were rightfully entitled to the seats.

Mr. COOLIDGE. I desire to help Mr. DANIELLS. The member who my brother on the committee on phra- came here with his certificate and took seology, (Mr. DANIELLS.) I think he is his seat would of course draw pay uncorrect beyond all question. In each der the former section of this article; election some one is elected. When he would draw his four dollars per the matter comes up in the House or day. The member contesting his seat in the Senate, there is no election by after the contest was decided in his either of those bodies; they merely de- favor, would get such pay as Legislaclare who is elected. Therefore, I sup-ture would grant. pose that, strictly, there can be but one contestant. One of the parties is a member, and the decision by the House of the Legislature, is simply as to which one is the member. The one who brings his credentials to the House The question recurred upon the is presumed to be the member elected; amendment of Mr. DANIELLS. the person contesting that is the contestant.

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

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Mr. MUSSEY. The present Constitution provides that only the person succeeding in the contest shall receive any pay as member.

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Mr. DANIELLS. I mean under the new Constitution which we are making. I do not refer to the old Constitution. Mr. VAN VALKENBURGH. Mr. BLACKMAN. I desire to offer 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 "each," before the the gentleman from Berrien, (Mr. Coo- inserting the word "the," in place of place of word "contestant," so that it will read LIDGE,) I think I may be set right; I 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 conred in the county of Macomb; unfortu- testent." Now, I am of the opinion nately in a certain election there we got expressed by the gentleman from Clinrather mixed up. One of each politi-ton, (Mr. DANIELLS,) and the gentlecal party obtained a large majority of man from Berrien, (Mr. COOLIDGE,) votes; but the one of each party who Mr. BLACKMAN. I will move as a got the least number of votes obtained substitute to the amendment to strike the certificate and took his seat in the out all after the word "contestant;" Legislature. The people did not feel also to strike out "each," and insert disposed to be cheated in that way, the words "the unsuccessful," so that and therefore, they advised those who it will read, "in case of a contested received the large majority of votes to election, each house shall determine contest the seats of those who were the amount of per diem compensation and mileage to be received by the unsuccessful contestant."

Mr. DANIELLS. I think there can be but one contestant; the one is the sitting member, the other is the contestant. I think the article "a" is the proper word to be used.

Mr. MUSSEY. I am opposed to both of these amendments, as I under

holding them under the credentials.
They did so, and obtained the seats.
Now, I want to know if these two mem-
bers who received a majority of the votes
of the people except a little blunder

that the member who retains his seat receives his per diem allowance of four dollars per day, and his mileage. We desire, therefore, merely to prepare a provision in relation to the unsuccessful contestent. I think it is safe to leave it with the Legislature to say what the contestant shall receive. It seems to me that we shall accomplish all that is necessary by making the change I have suggested.

Mr. BURTCH. In looking over this article, I cannot see that there is any

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