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necessity for this section at all. In sec- not see any great impropriety in using the decision of the court might have tion nine of this article it is provided the word in that way..

been. One member from Ottawa that each house shall be the judge of We want to determine what we want county resigned his seat after the decisthe qualifications, election, and returns to do; and then we can determine ion of the Supreme Court, because he. of its own members. Section eleven what words will accomplish that object. said he was ashamed to be here - after of this article provides that the com- Do we desire that the person who has that decision was made. No great inpensation of members shall be four been duly and honestly elected, but justice can be done to any one by retaindollars per day. I think that these who has been deprived of his seat by ing this section as it now stands. I

two sections comprise all that is needed a certificate wrongly given to the other think each member can perceive the w on the subject.

party, shall be at the mercy of the propriety of allowing the four dollars Mr. GIDDINGS. It seems to me Legislature, to receive such compensa- per day to be divided between the two that we can understand this, without tion and mileage as they shall see fit parties. It will prevent useless con- . spending a great deal of time in dis- to give him? Or do we desire that he tests. cussing any question of principle. shall receive what he would have had, Mr. LEACH. I cannot see the All that we desire is to ascertain the if the certificate had been properly. propriety of allowing but four dollars meaning of the words. I think the granted to him in the first place? It a day for the two parties. The man amendment of the gentleman from seems to me that the person honestly en- who receives the certificate from the

Clinton (Mr. DANIELLS) covers all that titled to the seat, whether sitting member board of canvassers has good reason . We want. I think the gentleman from or contestant, is the one entitled to per to suppose he is entitled to the seat.

Berrien (Mr. COOLIDGE) went a step too diem and mileage without any grace Usually such men come in good faith, far. When a person presents his cer- of the House; while the person who believing they have a right to the seat. tificate here, and takes his seat as a does not retain the seat, whether sit- If another person comes and contests member, it may turn out upon exami- ting member or not, is the one who the seat and succeeds, the man who nation that he is not entitled to that should depend upon the grace of the receives the certificate certainly ought seat. The certificate is prima facie House for such compensation. as under to receive his per diem from the day of evidence that he is a member, but it the circumstances they may conceive it the meeting of the Legislature to the does not settle that fact. I understand proper for him to receive. I think my time when the House, or the Senate, the point with the gentleman from amendment meets that case. There is as the case may be, declares he is not Clinton to be, that the Legislature against it the technical objection of a member. I hold it would be unjust should be left to determine this ques- speaking of both parties as contestants; and unfair to refuse such a man his tion of compensation. Should the an objection which I consider entirely per diem. When the House or the Legislature decide that Mr. A, who is unimportant..

Senate declare that another man is enholding a seat upon a certificate of Mr. MORTON. I am inclined to titled to the seat, that other man election, is not the person rightfully believe that we cannot make this sec-should certainly receive compensation entitled to the seat, then he is holding tion any better than it is as reported from the time the seat is awarded to the place he should not have; and by the committee. The object of the him; and I think he should receive the moment the question is settled the committee was to allow the Legislature, compensation from the beginning of person entitled to the seat takes the if they saw fit and the circumstances the term. I do not see how we can seat, and the other person should be justified it, to give the person who had say to a man bringing the proper docleft to apply to the Legislature for such been holding the seat, but was com uments here, that he shall receive but : * compensation as they may deem proper pelled to give it to the contestant, his two dollars a day, or shall not receive to give him.

allowance of four dollars per day for anything if he is ousted from his seat. Mr. BLACKMAN. I do not know the time he was in the seat, or to divide Mr. COOLIDGE. Suppose he obby what rule the gentleman would con- it between him and the one who had tained the certificate by fraud. vert the sitting member into a contest- been contesting the seat. In 1865 Mr. LEACH. I apprehend such . ant, because his claim to the seat is re- three or four persons came here with cases are rare; they can hardly ever jected. This section, as proposed to be certificates, who were thrown out of occur. I believe that, in nine cases out amended by the gentleman from Clin- their seats and others placed in them, of ten, men who come with certificates, toñ, gives the Legislature the power to who were elected by the soldiers' vote. honestly believe that they have been determine the compensation to be re- I think that there was one from Oak- elected, and consequently they should ceived by the contestant. I understand land county, who was elected by the be paid. And I believe that a man a contestant to be équivalent to an ap- votes of soldiers, who never had been coming here with a good claim to the pellant; and to carry out the verbal in the county of Oakland. I think that seat, and who has not received the cerparallel, the sitting member would be will be found to be the case by apply- tificate, should also be paid. I would contestee. I do not understand that ing to the office of the Secretary of leave the matter entirely in the hands of the appellee becomes the appellant, be- State. The provision gives the Legis- the Legislature. I believe the amendcause he is defeated. When we con-lature the right to pay a man just so ment offered by the gentleman from fine ourselves to this nicety of distinc- long as he retains his seat and acts as Clinton, (Mr. DANIELLS,) would leave tion in words, I say that it is improper a member. Then if it is determined this section in such a shape that the Legto use the word "contestant,” except as that the contestant is entitled to the islature, can do justice to the parties. applicable to only one of the parties. seat, be takes the pay from that time. There may be cases when it would not I see that the committee have applied Such cases as these sometimes occur; be just that both parties should be paid. it to both, as both are contesting men are sometimes elected by the peo- The contestant may fail in consequence the right to the seat. I conceive ple, while others are elected by the of having no right, or ground of right, there is no very great impropriety in Legislature. After the decision that to the seat; and he should not receive using it in that sense, and consequently the soldiers' voting law was unconstitu- compensation and mileage. But the I propose to insert the word “unsuc- tional, it made no difference to the Leg- amendment leaves that matter entirely cessful;" before “contestant." That islature. The majority of the Legisla- in the hands of the Legislature. . would, be of course, treating both as ture would have kept those in who Mr. LUCE. I would not have said contestants; but, as I said before, I do were holding the seats, no matter what a word if it had not been for the re

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marks of the gentleman from Grand shall receive the same per diem com- lature to give him just what compenTraverse, (Mr. LEACH.) I venture to pensation as a defeated candidate at sation he should deserve. If he should predict that if we amend this section an election, and no more."

deserve nothing, then give him nothas proposed, we shall have in every ses- Mr. WITHEY. I regard the true ing; if he should deserve half the sion of the Legislature ten or a dozen principle in this matter' as having been amount of a member, then give it to him; or more men to pay as contestants. I covered by the amendment offered by if he should have mileage, then give it believe it is the rule in Congress, and the gentleman from Clinton, (Mr. DAN= to him; if none, then give him none. in legislatures, where there is no re-IELLS.) As I understand his amend- It seems to me that the proposition of striction of this kind, to pay the con- ment, it puts the section in this shape: the gentleman from Clinton places it testants. The contestants come and "In case of a contested election, each in the power of the Legislature to do spend their money; they leave their House shall determine the amount of exactly right. I believe the position homes with some sort of show of a per diem compensation and mileage to taken on this floor by some members right to the seat. The Legislature, in be received by a contestant." I think is correct; that the sitting member who their generosity, will almost invari- that is the true principle to be incorpo- comes with his credentials is entitled ably allow a compensation to the con- rated in this section. I believe it to be to his per diem until he is unseated. testant whether he has a right to it or just, and that it will secure the parties The present Constitution, however, pronot.....

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their just rights. A person comes to the vides otherwise; but I think the proI believe the section as reported by Legislature, presents his credentials and vision is unjust. I think as it is now the committee will work more justice takes his seat. He is entitled to vote proposed to amend the section, everythan either of the amendments pro- and participate in the deliberations thing that should be incorporated in posed. I believe if a person contests of the body. A person from the same the Constitution will be then provided a seat he should receive pay after he district comes forward and contests the for. We are to make a section to take gets the seat, if he gets it. Probably, seat of that member. It is finally de- the place of the one in the old Constitoo, it is right that the one who holds cided that the contestent is entitled to tution. I think the proposition of my the seat should be paid until he is the seat, and that the person who friend from Clinton expresses the cor:. ousted. But I am somewhat surprised brought the credentials is not entitled rect principle. that the gentleman from Grand Trav- to the seat. In such a case the person Mr. FERRIS, I am opposed to pay

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parties from the beginning of the Leg- dentials will receive his per diem and cent. I have not yet heard from the islature to the time the contest is de- mileage while acting as a member of eminent and distinguished gentlemen cided. We would have some twenty the Legislature. The person who con- who have spoken in favor of paying

or thirty persons to pay in that tested the seat, and who was declared something to him, one satisfactory rea:::way in each Legislature. I have entitled to it, should also receive his son for so doing. The person who

never been in the Legislature any ses- per diem and mileage. That seems to comes with the credentials, who takes sion when there were not a dozen me to be entirely just. These parties his seat as the sitting member, will or more contested seats; and I think both come to the Legislature under a draw his pay and mileage, until it is this amendment would result in our claim of right; the right to a seat in determined he has no right to the seat. having more contested seats than we the Legislature. We are bound to He is in no sense a contestant; that now have, taking up the time of the presume that they come honestly party is the contestant who comes withLegislature and taking money from the claiming the right to that seat. They out a certificate. If he satisfies the treasury. Every time I have been should receive the compensation and House or the Senate, in whichever here, there has been a contested seat mileage of any other member during body he claims to hold the seat, that from the county of Wayne, and from the time that they are here. But sup- the certificate should have been given other parts of the State. I am opposed pose the person who comes to contest to him, then he obtains the seat, with to opening the door for persons to the right of the seat of that member the per diem allowance, etc. But if come here to contest seats. I think is defeated. Then the case is in the he fails, what right has he to any comthe committee have fixed this sec- hands of the Legislature to give to pensation? He presents a claim that tion as well as it will be if any him such compensation as under the is unfounded in fact, and is determined amendment is adopted, and I believe circumstances of the case he should to be unfounded by the body that has better, and not have that stringent receive. We, sitting here as a Con- power to pass upon it. What reason rule provided by the present Constitu- vention, cannot look forward and de- have we to authorize, or direct, or pertion, under which but one party to the termine what compensation should be mit the Legislature to put their hands contest, under any circumstances, could meted out to every person in such a into the pockets of the people and to draw any pay. But it leaves the Leg- case. :::

I pay a man as a member who is not a islature to distribute the compensation It may appear to the Legislature that member, whether four dollars a day, or as they may think proper, being con- the unsuccessful contestant had good two dollars a day?" I do not underfined, however, to allowing one com- reason for coming forward and claim- stand the logic of any such argument. pensation to the two parties engaged ing the seat; it may appear that he was Let the man who contests stand upon in the contest. That is, I believe, as it justified in thus pressing his claim. the same footing of any other man should be.

Under those circumstances, I insist who urges a claim. If he wins let him Mr. FERRIS. Iam rather in doubt that the person thus making the con- have the plunder; if he loses, let him as to what all these gentlemen are test should receive a compensation go about his business, where he should driving at. I think I can see, how- from the Legislature equal to that of a have staid in the first place. ever, what we ought to provide. I will member. That would be my judgment Mr. CONGER. I think a careful move a substitute for the amendment; were I sitting in the Legislature as a consideration of this subject will satisfy which I think will accomplish what we member of it. But, on the other hand, every member that there are difficulties

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now. I move to strike out all after had not good reason for pressing his either with the amendment or without the words "contested election," and claim to the seat of the sitting mem- the amendment. There are questions insert, “the unsuccessful contestant ber, then it is the hands of the Legis- of right and justice and perhaps of ex

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pediency to be settled. If we are to or to hold seats improperly, or to per- session; and the contests will be inhave any constitutional provision at sons to contest seats because they knew creased in number, and the expenses all, we should adopt that which will beforehand, that the Legislature would, to the State will be increased beyond. provide the nearest to what is right. in all probability, pay them both. what we have any conception of now. The committee thought that the sec- That was the reason why the committee Mr. COOLIDGE. I hope I shall not tion in the present Constitution upon reported this section in the form now be understood as being opposed to the this subject did not exactly suit such before us. I am not skilled enough in section as reported; I am not. As to cases as have arisen, and might again language to understand why each per- the word “each," in the section, I find arise. It did not give either House son, the sitting member and the one no fault with it, because it may have the right to do what was just and contesting his right to that seat, is not the force of “either.” I am satisfied proper. We desired to change the a contestant when the contest is once with the section as reported. When I rule of that section, so as to give to the commenced. The person who comes was on the floor before, I was talking contestant, and to the person holding here after the other has taken his seat, of another matter. the seat, the same per diem compensa- gives notice to the sitting member that Mr. WRIGHT. It seems to me that tion; to change it in regard to the he shall contest the seat, and the sit- the section, as reported by the commanner in which the compensation ting member contests with that per- mittee, is defective, and I do not think should be distributed. The section in son the right to have the seat. It that any of the amendments proposed the present Constitution provides that-- makes him no less a contestant because will remedy that defect, except the one

“In case of a contested election, the per- he is also a sitting member. Like the proposed by the gentleman from Clinson only shall receive from the State per diem cantleman from Clinton i Mr Danton (Mr DANIELISI Tdon compensation and mileage, who is declared to be entitled to the seat by the House in

e in IELLS,) I was once somewhat familiar is necessary to take any great amount

BWLS,).. was once somewhat 10 which the contest takes place.!

with Latin in my earlier days. I had of time to discover where the defect is In practice, and as we can well see supposed that "contestant” meant a in this section as reported. If the in theory, a man may come here and person who brought proof or testimo- position taken by the gentleman from perform the duties of a member of the ny to sustain his side of the question; St. Clair, (Mr. CONGER,) be the correct Legislature for all legitimate purposes I had supposed that was the original one, that one party only is to receive for fifty, sixty, or more days; he may meaning of the word “contestant," a pay, or that the pay of a member is to during almost the entire session per- person coming with testimony. But be divided between the two contestform all the duties of a member. Yet in that I may be mistaken..

ants, then the one who is actually entiunder the present Constitution, at the I do not think either of the amend- tled to the seat must be required to take end of that time he would be entitled ments offered meet the case; I do not from his pocket money he received while to no pay and no mileage, if his seat think that either of them will accom- holding the seat, to pay the contestwas awarded to another person. That plish the design of the mover. If it be ant. Just look at this proposition; it must be the practice under the present the desire of this Convention to say is a provision to pay two persons four Constitution, if the section I have read that both parties, the member holding dollars a day. A party comes here and is strictly construed. Now, every the seat, and the one contesting it, shall takes his seat under his certificate, and member of this committee must see be paid a per diem compensation, it retains it, we will say, one-half of a that such a rule in such a case is very easy to provide for that by session. A contestant comes up, who would work great hardship. The changing the four dollars to eight is legally entitled to that seat, and be State would not pay for services dollars, and leaving the section in cause he did not happen to get the cerrendered to it. The fact that another other respects to stand as it is. But if tificate, he must pay to the one who ... person receives the seat does not in- it be not their intention to do so, then in holds the seat for a time, unlawfully, validate the laws which the one who my opinion, this section cannot be bet out of his own money, that is, the has been holding it has helped to tered by any amendment. I for one money to which he was entitled as the make; it does not in any way depre- would be in favor of paying both parties legally elected member. In other ciate the value of the services he per diem compensation, or of allowing words, the Legislature must provide has rendered the State. Yet in conse- the Legislature to do it. I think the for the payment of the person illegally quence of some technicality, some house in which the contest takes place holding the seat out of the money irregularity of action on the part of may very properly be left to determine which belongs to the member legally some officer of the election, he may be the amount to be paid to each person. entitled to the seat. That is the great declared not to be entitled to the seat, I think this section provides, beyond objection I have to the section as rem. and under the present Constitution all question, for leaving the matter in ported by the committee. would receive no compensation what- regard to the compensation of the con- The question was taken on the ever for the services he had performed testants to the Legislature. In regard amendment of Mr. FERRIS, and it was. Yet the State has received his services; to the mileage, as has been remarked, not agreed to. the laws which have been passed by that is left an open question. Those who The question recurred upon the the aid of his votes, are declared to be enter into the contest may receive mile- amendment of Mr. BLACKMAN.... good and valid laws. The other party age for their journey here and return. Mr. P. D. WARNER. I wish to say may not have come near to contest the But I apprehend the people of this simply one word upon this question. seat until the very last week of the State do not wish to pay two men for If it is the desire of the committee of session. The committee thought that the services of one. If seats are con- the whole that there should be any in such a case it would be very proper tested, those who contest them, and action taken by this Convention regard- . to leave the Legislature to distribute those who hold them, too, must take ing this question, then of course this: and divide the compensation between some little risk in the matter.

amendment will not receive the supthe two parties according to the I think the gentleman from Branch port of the committee. If the amend" services rendered.

.: (Mr. LUCE) has said, and correctly, too, ment is adopted, by all means it will On the other hand, the committee that if either of these amendments be be policy to strike out what is left of did not wish to encourage contests; adopted we offer a premium for con- the section; because the adoption of they did not wish to hold out before- tests in each house of the Legislature, the amendment would leave to each hand a premium to persons to endeav- which will be accepted in every coming house of the Legislature to determine

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ETICH: I move the words u . MILES: 1

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the compensation that shall be awarded Mr. BURTCH, I move to amend that the yeas and nays shall be entered
to each contestant. The house would this section by striking out the words upon the journal as well as be taken. .
have that power if this section did not “may require secrecy, and insert in Mr. MILES. Is there any provision
appear in the Constitution. Therefore lieu thereof the words, “the public that they shall be taken ?
if we adopt the amendment, and then good may require to be kept secret;" Mr. CONGER. They could not be
leave standing here what will be left so that it will read, “Each house shall entered upon the journal without being
of the section, we will be actually leg- keep a journal of its proceedings and taken.

" islating without a purpose. We should publish the same, except such parts as The question was then taken upon really be conferring power upon the the public good may require to be kept the amendment of Mr. MILES, and it Legislature which they would possess secret." ;

was not agreed to. without any such provision. I think, The amendment of Mr. BỤRTCH was "Mr. FERRIS. I move to amend therefore, that if the amendment be not agreed to.

this section by striking out the words, adopted what would be left of the sec- Mr. MILES. I move to amend the shall be entered on the journal,” and tion would be unnecessary, and might second sentence by striking out the inserting the words, may be ordered.” as well be striken out..

** words " entered on the journal," and in- Mr. MUSSEY. The gentleman cer- :: Mr. CONGER. I cannot agree in serting in lieu thereof the word “taken;" tainly cannot mean that; he is quite à this respect with my colleague on the so that it will read: “The yeaş and linguist, and understands the English legislative committee, (Mr. P. D. WAR- nays of the members of either house, language pretty well. Each house can NER.) I think if the amendment is on any question, shall be taken at the order the yeas and nays without such. adopted, each House would have the request of one-fifth of the members a provision. "May be ordered,” leaves right to determine any amount of com- elected.” It will be observed by the it perfectly optional with them. pensation and any amount of mileage. first part of this section that it is The amendment of Mr. FERRIS was

Mr. P. D. WARNER. Might they necessary to keep a journal of the pro- not agreed to.
not do that as well if this section did ceedings of each house; therefore, if No further amendment was offered
not go into the Constitution at all? the yeas and nays are taken, of course to this section.

Mr. CONGER. They might then they will be entered upon the journal. ELECTIONS BY THE LEGISLATURE... consider themselves bound by another The object of the committee in report-1 The next section was read as follows: section which limits the compensationing this section, as I understand it, was SECTION 15. In all elections by either House. to four dollars a day. But if this sec- to enable one-fifth of the members, of in joint convention, the votes shall be tion is amended as proposed, they elected to take the yeas and nays. If given viva voce. All votes on nominations might give the contestants ten dollars. the yeas and nays are taken, it was ex-lan

to the Senate shall be taken by yeas and naye, the yeas and nays are taken, was ex and published with the journal of its proceeda day and thirty cents a mile, or any pected, as a matter of course, that ings. O other amount, according to their judg- they would be entered on the journal. No amendment was offered to the

Mr. CONGER. I cannot see why gectiön. Mr. FERRIS. I move to amend they should be entered upon the jour- room this section by striking out the word nal, because they are taken, any more

SESSIONS-ADJOURNMENTS, ETC. si each" before the word “contestant," than that they should be taken, be- The next section was read as follows: and inserting in lieu thereof the words cause it is directed that they shall bel. SECTION 16. The doors of each House shall

ramher and they do thot lantions in thin ñ . Tothing that be open, unless the public welfare require

member and the, - 80 thay entered on the journal; I think tha secrecy. Neither House shall, without the it will read « compensation and mile- would be the result in either case. The consent of the other, adjöürn for more than · age to be received by the sitting mem-object of the committee in requiring three days, nor to any other place than ber and the contestant."

| the yeas and nays to be entered upon where the Legislature may then be in session. The question was taken upon the the journal was to have a constitü- No amendment was offered to this amendment of Mr. FERRIS, and it was tional provision, making it necessary section. not agreed to. that the yeas and nays should be a

BILLS IN THE LEGISLATURE.
The question recurred upon the part of the journal; of course they The next section was read as follows:
amendment of Mr. BLACKMAN; and would have to be taken to be entered SECTION 17. Bills may originate in either
being taken, it was agreed to.

upon the journal.
the intimal miha Touca müdhit House of the Legislature; but no new bill

The House might shall be introduced after the first fiftv days
The question then recurred upon the not publish that portion of the journal of a session shall have expired.
amendment of Mr. DANIELLS; and they might think that it was necessary | Mr. FERRIS. I move to strike out
being taken, upon a division, ayes 19, to keep that part of the proceeding Be- the last clause, which is in these words:
noes not counted, it was not agreed to cret. But the design of this section is but no bill shall be introduced after

Mr. FARMER. I move to strike to compel the entering of the year and the first fifty days of a session shall
out this entire section, so that the nays on the journal, whether published have expired.” The section will then
whole matter may be left to the Legisl or not, at the request of one-fifth of read, "Bills may originate in either
lature.
the members elected

House of the Legislature." I wish to The motion to strike out was not Mr. MILES. How are the yeas and say just one word in regard to this agreed to.

nays to be taken if the Housë refuses lamendment. I hope those gentlemen JOURNALS OF THE LEGISLATURE-YEAS AND to order them? I suppose the object who have expressed such unbounded NÄYS, ETC.

of this provision is to enable one-fifth confidence in the Legislature will show The next section was read as follows: of the members elected to require the it by their votes on this amendment. SECTION 14. Each House shall keep a jour-yeas and nays to be taken.

For my part I am willing to trust the nal of its proceedings, and publish the same,

me Mr. CONGER. That does not seem Legislature in this matter.
except such pårts as may require secrecy.
The yeas and nays of the members of either to me to bave been the only object of Mr. CONGER. I desire to move an
House on any question, shall be entered on this part of the section; that is one of amendment to this section before the
the journal, at the request of one-fifth of the in
members elected. Any member of either

the objects of it.
object O!!

This provision in- question is put upon the motion to
House may dissent from and protest against cludes that and something more. The strike out. In pursuance of instruc-
any act, proceeding or resolution, which he yeas and nays cannot be entered upon tions by the committee on the legisla-
may deem injurious to any person or the pub- the
lic, and have the reason of his dissent en-

.the journal without being taken; but, tive department, I' move to amend the tered on the journal.

one object of the section is to require last clause of this section by striking Vol. 2-No. 11.

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out the word “fifty," and inserting the whether it would not be better to strike would be more brief than with bienword “forty;" so that no new bill can out this whole section ?

nial sessions. That answers, I think, , be introduced after the first forty days Mr. CONGER. In answer to a por- as far as I am able, all the questions: of a session. The committee of the tion of the gentleman's inquiry, I will which are asked me.' whole have adopted a provision for state that I suppose the first clause of The question was taken upon the annual sessions of the Legislature, and this section is put in because it is the amendment of Mr. CONGER to strike: the time for the introduction of new practice in parliamentary bodies to re-out"fifty," and insert "forty;" and upon bills should be shortened. When the quire that all bills for raising money, a division, ayes 38 and noes 13, it was committee on the legislative depart-and in relation to taxation, shall origin- agreed to. ment first agreed upon their report in ato in the lower house. That I under- The question recurred upon the favor of biennial sessions, they also stand to be the practice in the British amendment of Mr. FERRIS, to strike out agreed upon the length of the session Parliament. Carrying out in this the last clause of the section, which had : which I have {indicated in my amend country somewhat, although not en- been amended to read as follows: ment. But after they agreed to report tirely, the plan of two Houses of the

yo houses of the

in

“But no new bill shall be introduced after in favor of biennial sessions, they | Legislature, it has been claimed that, the first forty days of the session shall have changed the time for the introduction under the common parliamentary prac-expired.”. of new bills. I understand, there- tice, bills of that class could only be The amendment was not agreed to; fore, that the action of the commit- introduced in that House which, in this upon a division, ayes 16, noes not tee in that respect is an instruction to country, is composed of the more im-counted..; 'me as their organ, to move this amend-mediate representatives of the people, Mr. MUSSEY. I move to amend ment.

l equivalent to the House of Commons this section by inserting after the word TAND. The first nart in the British Parliament. Whether “Legislature," the words « except apof this section reads, “ Bills may origi

that is necessary or not, I do not know. propriations of the public moneys, nate in either house of the Legisla-1 Probably there might be no question

which shall originate in the House of ture." I would inquire if there is any about it unless something might be

Representatives only." I will briefly necessity for that portion of the sec- claimed because of leaving such a prostate my reasons for moving that amend

at is stricken out, would vision. out of the Constitution... This ment. Any one who has been at not the Legislature have that power? provision has been in the Constitution all con There is a provision in the Constitution of this State, and, I think, is in the the le

of this State, and, I think, is in the the Legislature knows that so far as of the United States, and in the Con-Constitution of most of the States. Tannrönriations of stitution of some of the States, re- Mr. GIDDINGS. If the language concerned, they are usually made under quiring that appropriation bills should of this section is in the Constitution of considerable pressure. Often when rebe originated in the House of Re- 1850, of course it should be retained. quired for our own State institutions, presentatives. But unless there is some [Laughter.]

there will be representatives here who distinction of that kind in our Con- Mr. MCCLELLAND. I think the will claim for the institutions in which stitution, I cannot see any necessity gentleman from Kalamazoo ought to they are specially interested, that there for this first clause. The gentleman go back to the Constitution of 1835. are special reasons for appropriations from St. Clair, (Mr. CONGER,) has had Mr. CONGER. The first clause is to those institutions. For this purpose some experience in our Legislature in the Constitution of 1850, and the a number of bills will be introduced since 1850; I have had none. I would latter part of the clause is contained into each House, and perhaps at the inquire of him whether a restriction in section twenty-eight of the article same time. There is in the one body in regard to the time for the introduc- on the legislative department in the a set of men interested in the welfare tion of new bills, whether forty, or Constitution of 1850; being an amend- and advantage of this and that institufifty, or sixty days, does not really re- ment adopted by the Legislature of tion, while another set of men in the tard, rather than expedite legislation ? 1859, and approved by the people in other body are also endeavoring to obI have understood that when the Leg. 1860. The committee thought, as the tain appropriations for the same instiislature of this State want to get matter had been passed upon by the tutions. Thus, in some cases, larger around this restriction, à practice has Legislature and the people so recently, appropriations are secured than in my been adopted of introducing a great it should be retained in the Consti- opinion is proper. I think the only many bills in the early part of the ses- tution we are now framing. .. judicious manner in which any Legission; then when the time expired for Mr. MOCLELLAND. Was not the lature can dispose of this matter, is first the introduction of new bills, the mem- amendment adopted to the Constitu- to ascertain the sum total of the approbers introducing these bills, have them tion of 1850, merely an extension of priations which can be safely made taken up and amended so as to suit the time fixed by that Constitution ? the gross amount--and then divide it the circumstances that may arise, thus Mr. CONGER. There was no pro- among the various institutions of the avoiding this restriction entirely. I vision in the Constitution before that State according to the merits of their do not know that that is so, but I have amendment, limiting the time for the claims. That, however, cannot be done been so informed. I have been told introduction of bills. The members very well, when bills are being introthat this is often considered absolutely of the Legislature were paid, if I mis- duced in both Houses at the same time necessary, because a set of circum- take not, for forty days session. When for the same purpose. I think if such stances will sometimes arise *after the the restriction upon the length of the a rule as I have indicated had been limitation has expired, rendering it im- session was removed, the Legislature adopted in the present Constitution, portant to introduce a new bill into first, and the people afterwards sanc- we should not have had quite so large the House or the Senate, and in order tioned the principle, that the time for appropriations as have been made by to comply nominally with this provis- the introduction of bills should be lim- some of our former Legislatures. ion of the Constitution, to engraft up-ited. The reason for the amendment Mr. FARMER. I hope this amendon the enacting clause of some bill which I have offered, to change the ment will prevail; I think it is the true introduced previous to the expiration of limitation to forty days, was because principle that one branch of the Legisthis timo a substantially new bill, it was believed, that if we had annual lature should have the immediate conNow, I submit to the gentleman sessions, the duration of the session trol of this matter. The reason stated

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