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Mr. THOMPSON. I cannot believe and save the section. The idea of pro- same category with members of the it possible that this section will be hibiting any members of the Legisla- Legislature. stricken out, and that we will leave ture, or any State officers, from being Mr. MUSSEY. Would it not suit this matter to be run hap-hazard by interested in any contract with the the views of the gentleman to strike the State, as it was some years ago. It State, is perfectly impossible. . If the out the words “member of the Legisseems to me that to adopt the amend-people of Lansing here could evade the lature," so as to make this apply to ment proposed by the gentleman from law by entering into such combinations State officers only?: Kent, (Mr. WITHEY,) is to tithe the as have been mentioned here, they will Mr. HENDERSON. But those mint and anise, while we neglect the also evade the law and enter into com- words are not stricken out.., weightier matters of the law. It binations to obtain contracts with the Mr. MUSSEY. The gentleman could ... seems to me that the section as origin- State. The person not interested in try that. ....: ally reported was correct. If we strike the contract may not be known to those Mr. HENDERSON. I am not preit out, it will be a matter of regret who make the contract. . pared to make any motion of that with us hereafter. If one part or the The question was then taken upon kind. I other of the section must be omitted, the amendment of Mr. MUSSEY; and Mr. GIDDINGS. I will move to I would prefer to strike. out the last upon a division, there were ayes 21, amend this section by striking out the part of it and retain the first. I noes 18; no quorum voting.

words suggested by the gentleman from am opposed to all amendments to it, The question was again taken; and Macomb, (Mr. MUŞSEY,) so that it will and shall vote to retain the original upon a division, ayes 38, noes 18, the read: “No State officer shall be intersection if I can have the opportunity. amendment was agreed to.

ested, directly or indirectly, in any Mr. MORTON. I hope the remain- The question recurred upon the mo- contract ing portion of this section will be tion of Mr. CONGER to strike out the Mr. P. D. WARNER. It has been stricken out, so long as the first part section as amended..

urged as a reason for striking out the of it has been stricken out. I do not

Mr. BLACKMAN. Before that mo- pri

principal portion of this section, that, imagine that the section as originally Ytion is put, I move to amend this sec

in letting contracts to the lowest bidadopted, has ever had any effect in i tion by striking out the words “officer

der, frauds were practiced upon the controlling the subject of contracts, or of the State," and inserting the words

State, and that the interests of the ever will, so long as it contains the "State officer." I make this amend

State were made to suffer because conwords “who shall give adequate and ment merely to correct what might be

tracts were thus let. To remedy that satisfactory security for the performregarded as an ambiguity. Officer of

evil, this section has been amended, so ance thereof.". The board of State authe State,” is rather an ambiguous ex

as to leave the field open to competi-... ditors can reject any bid that is made, pression; it might apply to any officer

tion from every source, so that any under the pretence that the security is in the State—that is, the sense in which

person who desired to contract with not adequate. I do not believe any lit is sometimes used. I make this

the State, would be at liberty to make person who would do his work well, motion in order to remove any question

as advantageous a contract as it was would succeed in such a transaction as of that kind.

possible to secure from the officers of gentlemen here have mentioned, un

the State, who by law might be author| The amendment of Mr. BLACKMAN less the board of State auditors consent to it. I do not know that you can was agreed to.

cannot see any force in the reasoning make provision in which the devil can

hich the devil can-1 The question again recurred on the which would exclude from the particinot be whipped around the stump some motion of Mr. CONGER to strike out

pation in these contracts, all members way. I do not know that it is impor- the section as amended.

of the Legislature and all State offitant that we should have anything on Mr. HENDERSON. Being fully cers. If these contracts are to be let the subject. If it is, then I think the satisfied with the section as reported for the benefit of contractors, for the old section might be amended so as to by the committee, I have not partici- advantage of individuals, without reaccomplish all that is necessary. If pated in moving amendments to it. gard to the public interest, then strike you want the printing done really and But now, after the amendments which out what remains of this section, so honestly by the lowest bidder, no man have been made to the section, I am that all persons will have the full right could get it without the requisite se- anxious that it should be stricken out. and benefit to be derived from such curity. I apprehend that this matter Were the members of the Legislature contracts. I hope that this motion to is managed under the pretence of good and State officers not associated to-strike out will prevail; that if it is the security. I hope this last clause will gether in it, I should think differently. intention of this committee to leave be stricken out also.

I would be willing, indeed I would be this as it was before the adoption of The question was then taken upon anxious, to put this restriction upon the Constitution of 1850, entirely an the amendment of Mr. WITHEY, to add State officers. But when you go on open question, there will be no restricto the amendment of Mr. MUSSEY, the. to say that a member of the Legisla- tion placed upon the rights and priv- ... words, "for fuel, stationery or print- ture shall not, directly or indirectly, be ileges of any citizen of the State of ing," and it was not agreed to....... interested in any contract which may Michigan, that the field may be left

The question recurred upon the be construed as a contract with the open in every direction for competiamendment of Mr. Mussey to strike out State, I think you are going too far. tion. the word “such," before the word I think if we take this action we will It may be that the interests of the “contract," and to insert after the have occasion to regret it. A moment's State may be subserved by having the word “contract," the words “ with thought will lead us to see how many opportunity of letting some of these the State."

: contracts there are of this nature; contracts to individuals, who are proMr. M. C. WATKINS. I cannot see contracts in connection with our asy- hibited from taking them by the unnecany propriety in this amendment. I lums and State prison, etc. Hence, I essary part of this section. If a system believe the better way would be to hope this section will be stricken out, should be inaugurated different from strike out the balance of this section. and that we may have something in- that under the present Constitution, it Then, possibly, when we get into Con- corporated in its place which will reach may be to the advantage of the State vention, we might undo our work here State officers, and not put them in the that some of its State officers, or mem- ;

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bers of the Legislature, should be per-shall be reported back to the Convention for Mr. CONGER. It seems to me that mitted to take contracts, for they might

mirbt its final action upon the Constitution as an ltha nova tradorit santjoin icthantona

entirety." be in a condition to better subserve That has reference to the arrange

where it should stand. It is admitted the interests of the State, than any

ilment of all the articles in the Consti_by all that this section, in its present other individuals. I am in favor of tution, by the committee on arrange

form, should be placed in another artigiving them an opportunity to comment and phraseology. But there is

cle, and not placed in this article. pete for these contracts, the same as

Those other articles are still within the no provision made by which they can | other individuals, and not proscribe take a section from one article and put

control of the Convention. My own them because they happen to be clothed in any other article.

opinion is, that we should, in regard to with the honors and responsibilities of

this section, as we have in regard to members of the Legislature and State

Mr. BILLS. In determining the

the other matters of a similar kind, strike

merits of this section, it is certainly Lout the section here and insert it where officers. The question was then taken upon no argument against it, that it is not

it belongs. The gentleman from Lenanow in its proper place; it is certhe amendment of Mr. GIDDINGS, and

wee, (Mr. BILLS,) says the chairman of tainly no argument against it that it was agreed to.

the committee on the legislative dethe chairman of the committee of The question recurred upon the

partment has no control over this matmotion to strike out the section, the legislative department, (Mr. CON- F

ter any more than anybody else." Now, Mr. COOLIDGE. I am in favor of GER,) has any feeling one way or it

it was not necessary for that gentleman. the other upon the subject. the motion of the gentleman from

I do

to remind the chairman of the com- . St. Clair, (Mr. CONGER,) to strike out not know that we are bound to.

mittee of his position in that respect, the remainder of this section. I suppresume any such thing; but even if

for he has not assumed any such power we did, it would be no argument for or las that. I hope the same motives will pose that he has some feeling about this matter.' Observe what is left of against this section.

govern the chairmen of other committhis section twenty-three of the article,

al I take it, that whatever may be the tees of this Convention, on the legislative department: « No duty of the committee on arrangement Mr. BLACKMAN. It v State officer shall be interested, directly and phraseology, the committee are lected, that when a certain subject was or indirectly, in any contract with the able to place ntract with the able to place this section in whatever

under discussion some time ago, it was State." I can hardly suppose that it article they may see fit, if the section would be creditable to the committee ha areditable to the committee shall be adopted. I have nothing to

consideration, properly belonged to anthe legislative department, and narsay at the present time, except in re-other

other article than the one in which it ticularly to the chairman of that comgard to the merits of this section. I

was reported. But it was held that it mittee, to have such a section as this conceive that it has merits. I think it

could be adopted in connection with in the article they reported. Certainly, is well that in the Constitution we

that article, and then, if we saw fit, we the committee on phraseology would should provide that those who are the

could take it from that article, or we.. not feel itself authorized to take this contracting parties in behalf of the

could instruct the committee on ar- . section as it now stands, if passed by

State to procure labor, work and ma-
ta

rangement and phraseology to take it
the committee, and put it in any other
her terials for the State, in carrying on the free

from that article, and place it where article. Of course, then, I must vote governmen in Imst vote government should not be parties to #1

they should see fit. I think that rule to strike out the section. : those contracts. I believe that is con

would apply here as well as it did there. Mr. WILLARD. I would say that ceded to be sound doctrine.

The question was then taken on the the committee on arrangement and Mr. P. D. WARNER. In the law motion of Mr. CONGÉR, to strike out the phraseology would not be authorized authorizing the letting of these con- section and inon a to place this section in any other tracts, could it not be provided that poes 23, the motion was agreed to.“ article whatever...

these State officers should not be inMr. COOLIDGE. Certainly not. cluded if the Legislature should think..... PUBLICATION OF LAWS, ETC.. Mr. BLACKMAN. It strikes me proper to do so ?

The next section was read, as follows: that that committee is a committee on amittee is a committee on Mr. Bills. I would suppose that Mr. BILLS. I would suppose that so

SECTION 24. The Legislature shall not es. arrangement as well as on phraseology, if there was no prohibition in the Con- | tablish a State paper, but shall provide for and it certainly seems to me they would stitution the Legislature might be at the speedy publication of all statute laws of a

public nature, and of such judicial decisions have ample power to make such an ar-| liberty so to direct. But the questioned

14. Duo e quesO4 as it may deem expedient. All laws and jurangement.

we are now discussing here is, whether dicial decisions shall be free for publication Mr. M. O. WATKINS. To strike there should be placed such a restric-1 bý any person. out this section from this article ? tion in the Constitution. My own Mr. T. G. SMITH. I move to amend

Mr. BLACKMAN. To put it in a judgment of the matter is that it is this section by striking out the words different place; not to strike it out of prudent to do so; that those, who in " shall not establish a State paper, the Constitution. ..

I behalf of the State make contracts for but;" so that it will read, “the LegislaMr. WILLARD. Let me read what supplies for the State, should not be ture shall provide for the speedy publiour rules say upon that subiect Büle parties to the contract to furnish those cation of all statute laws," etc. I make thirty-seven is as follows:

supplies, because they are quasi con- this motion, because I consider this

tractors on behalf of the State. For an unnecessary restriction on the Leg" Whenever an article shall have reached

that reason I would deem it wise and islature. I think this is a matter which the order of third reading, it shall be referred to the committee on arrangement and phra- prudent that, while they are thus act- might be safely left to their discretion. seology, for arrangement, correction and en- ing as the agents of the Government I think it would be a matter of grossment, before it shall be placed upon its final passage."

to procure those supplies, they should convenience to the people of this State,

not take these contracts. If the com- if we could have a State paper, some That rule relates to a single article.

mittee shall deem that proper, we can paper in which the laws of the State Rule thirty-eight is as follows:

adopt this section and then it will be could be published, and to which every : ..The several articles, after their final pas- I competent for the Convention to order person could look for the laws as they sage shall be referred to the committee on i arrangement and phraseology for numerical 10.

1 it to be placed wherever in the Consti- were passed. I think it would be a

pid arrangement, in their appropriate order, and tution they may see fit.

great convenience to the people of the

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State. The small pittance now given for particular organizations. The I do not design to have my amendment for publishing the laws does not lead wants of particular cities, townships, take the place of anything in this artito this general publication. Some pa- and villages are not so very important cle; it is simply an addition to the secpers publish some of the laws. But and special as to require this kind of tion. I propose by my amendment to we do not know any paper that will al- legislation. General laws. could be give to the Legislature power to orways publish them. In the State of passed so framed as to meet the wants ganize townships, cities and villages; New York they have a State paper in of all localities, and in this manner but in all cases to require that they shall which the laws are published. And I save a very large amount of expense be organized under general law, exbelieve it is considered a matter of to the State. For this reason I offer cept in the case of cities containing great convenience to the people. I this amendment.

over ten thousand inhabitants. The The question was taken upon the Mr. STOUGHTON. My understand- Legislature can authorize the board of amendment of Mr. T. G. SMITH, and ing of the intention and scope of sec- supervisors of the several counties to upon a division, ayes 10, noes not tion twenty-six is very different from take initiatory steps for organizing & counted, it was not agreed to.

that of the gentleman who has moved township, city or village, in order that No further amendment was offered this amendment. I do not understand the general law might apply to the to the section. '

that it has anything whatever to do particular organization which the board LEGISLATURE TO PROVIDE FOR FILLING VÅ- with the organization of townships,

with the organization of townships, of supervisors might assist in bringing .: CANCIES IN OFFICE, ETC.

villages and cities. That is provided into being. The Legislature could es®

for in another article. This section tablish some uniform system for the The next section was read as follows:

provides simply that the Legislature organization of the governments of . SECTION 25. The Legislature may declare the cases in which apv. office may be deemed may confer upon townships, cities and these municipalities, and in that way a * vacant, and also the manner of filling the villages certain legislative powers. I vast amount of time and expense would Vacancy, where no provision is made for that take the object of that to be simply be saved. purpose in this Constitution.

this; in the first place, the legislative Mr. FERRIS. I desire to say one ..MrSUTHERLAND. I desire to

power is vested in the State Leg- word upon this amendment. I deem offer a new section to come in as sec

islature. Towns and cities have it one of the most important and valtion twenty-six of this article. :

no such powers whatever; they can uable propositions that has been introThe CHAIRMAN. The usual course

exercise no such power, without duced into this body. I am satisfied adopted, in the opinion of the Chair, the authority of the Legislature. that, if we adopt it, there will be saved is to pass through the article first, and Me To

acie mrst, and The Legislature itself without some to the State thousands upon thousands

ents as authority from the Constitution could of dollars in the simple item of exmay be offered to the article in the

in the not vest this power in these organi- pense of legislation. This presents a form of additional sections or other-motions

zations. If the Constitution' were plan similar to that in operation in the wise. The amendment of the gentle-l entirely silent upon this subject, State of Ohio. I do not know preman from Saginaw, (Mr. SUTHERLAND;)

D!! I apprehend the Legislature would be cisely the wording of their Constitucan be received at this time if there is what with

wholly without warrant or authority to tion by which it is effected. But they no objection. :

assume to give to towns and villages have there a system by which these Mr. FERRIS. I object.

any legislative power whatever. The political corporations are created, and No amendment was offered to this

s rule would undoubtedly hold good that they work from one stage into the section.

the agents of the State could not dele- other without any special enactment POWERS OF MUNICIPALITIES. gate the power conferred upon them by the Legislature. The consequence The next section was read as follows: by the State without special authority. is, their statute books are comparatively.. SECTION 26. The Legislature may confer The representatives of the State are free from these local laws by which upon organized townships, incorporated cities the agents of the people for the pur- ours are so heavily encumbered. I and villages, and upon the board of supervi- | posés of legislation; and without some am satisfied that if we adopt this sors of the several counties, such powers of a local, legislative, and administrative charac

o constitutional power they could not amendment it will be of great advanter as they may deem proper.

delegate any legislative power to towns tage to the State. CITIES, TOWNSHIPS AND VILLAGES TO BE or cities.

or cities. Hence, it is proposed to
Hence, it is proposed to

Mr. HOLT. I believe there is a E ORGANIZED UNDER GENERAL LAWS.:

have in the Constitution a provision committee on cities and villages who

authorizing the Legislature to dele- have not yet reported. When they Mr. SUTHERLAND. I move to

gate a certain part of the legislative submit their report, there may be amend section twenty-six of this arti

power to cities, towns and villages, and something in it to govern this case. cle.by adding to it the following. .

their boards of supervisors. Without It seems to me unnecessary here. "The Legislature shall provide by general thien law. for organizing townships, cities and vil

at this neither of those organizations Mr. LUCE. Like the gentlemari lages, on such conditions and subject to such could exercise any such power. If from Kent, (Mr. FERRIS,) I deem this regulations, as may be prescribed. No special this power be taken away from them, provision a very important one. I preacts to create any such organization or de- it would in

it would impose upon the Legislature sume that of the volume containing the fining their powers, except cities containing over ten thousand inhabitants, shall here. I of the State an amount of business that local laws of last session yet to be pubafter be passed by the Legislature:"

could not possibly be performed. Be- lished, said to consist of thirteen hun-. I offer this amendment for the pur- sides, it is much more convenient for dred pages, at least nine hundred are.. pose of requiring all such legislation townships and villages, and cities, to taken up for acts of incorporation of to be of a general character, and to legislate in regard to their local mat- various kinds, that would be cut off to save to the State that very considerable ters, than it is for the Legislature to do a great extent by this amendment. expense which occurs at every session all the legislation for them.

There are some practical objections, I in framing such legislation for those Mr. SUTHERLAND. I think the think, to the proper working of this purposes. I doubt not it will be with gentleman from St. Joseph, (Mr. amendment. It is well, perhaps, for in the recollection of all the members STOUGHTON,) has entirely misappre- the committee to pause a moment, and present that at each successive session hended the character of my amend, reflect upon some objections to it. If of the Legislature a large portion of ment, as well as the substance of what it could be so framed that it would not their time is consumed in legislating I have proposed to add to this section. work injuriously, and be impracticable,

apprehend the upon this

It

on the state without spe the State are locuies are so heavily

we adopt this

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I should certainly be in favor of it. of powers, and some have another set report progress, and ask leave to sit
But suppose a new county is organized of powers entirely different. As I un- again.
with only one organized township in derstand, there is no uniformity in Mr. LONGYEAR. Will the gentle-
the county, as sometimes occurs. How regard to the matter. I understand man from Wayne, (Mr. MCCLELLAND,)
is the board of supervisors to go on and that many of these acts which have withdraw that motion for a moment?
organize new towns, when there being been passed, some of them granting. Mr. McCLELLAND. Certainly.
but one township in the county there very great powers to these villages, Mr. LONGYEAR. I suppose the
can be no board of supervisors?. have been passed through here, in next section wilt be reached very soon

Mr. SUTHERLAND. A case like a large bundle, rolled up and never after we come into committee of the
the one the gentleman has suggested examined either by the Legislature or whole this afternoon. It is a section
has actually existed in my neighbor- by the committee that had them in in relation to municipal aid to railroads, i
hood, where one supervisor constituted charge. I have been so informed by and it is considered a matter of great
and acted as a board of supervisors for members of the Legislature. That importance and general interest
years.

certainly is an evil which it would be throughout the State. Quite a number Mr. LUCE. If I understand cor-well to avoid. We have had some of the members of this body are absent rectly the decision of the Supreme remarks made here in regard to the on leave, and I design to be absent Court, lately rendered in the case of bulk of our session laws. If gentle- myself this afternoon. When this Washington county, they have decided men will examine the session laws for subject of municipal aid to railroads that one supervisor is not, and cannot 1859, the largest volume I believe of shall come up for consideration, I depossibly be, a board of supervisors. I the kind which we have, they will sire to be present, and I suppose many think that decision would hold good ascertain that a great portion of that other gentlemen, now absent, would in case of other counties. This amend- volume is made up of acts of incor- like to be here then. I would, there- : ment provides that in no case shall a poration of villages, which would be fore, move that when section twentyLegislature organize a township, or covered by this amendment.

seven in this article shall be reached, city, or village. That, it seems to me

i if it be reached this afternoon, that it would preclude the organization of

Mr. CONGER. If I understand the

be passed over for to-day. i some townships where it would be abforce of this amendment, it would pre

The motion of Mr. LONGYEAR was vent the Legislature from interfering solutely necessary to have them organin any manner with municipal corpo

agreed to. ized..

M. PIACKMAN Donathicomana rations after they had been once! Mr. MCCLELLAND. I now renew ment confine the organization of town

formed; it would restrict the power of my motion that the committee rise, reships and villages to boards of super

the Legislature entirely in that respect. port progress, and ask leave to sit. visors ? Could not the Legislature

There has been some legislation in re-l again.

gard to cities that has been quite offen- The motion was agreed to. under a general law make provision

Se for just such cases as the gentleman

sive to some portions of the State. I The committee accordingly rose; and has supposed ? ..

suppose the object of this amendment the PRESIDENT, having resumed the Mr. LUCE. I do not know but they

is to prevent the Legislature from in-Chair, could; I was only suggesting some ob

terfering with Detroit, Port Huron, Mr. PRINGLE reported that the jections which presented themselves to

and the other large cities of this State. committee of the whole, pursuant to the mind of the committee, as this

I desire that the Legislature should the drder of the Convention, had had subject was considered by the commit

mit not interfere with Port Huron, but let under consideration the article entitled tee that reported this article. Some

us bear our own burdens, attend to our "Legislative Department;" had made cities require provisions altogether dif

own water works, and such things. I some progress therein, and had directed ferent from other cities. If the prac

think the Legislature should be re- him to ask leave for the committee to tical objections to this amendment

stricted by the Constitution from inter- sit again." could be got over, I should certainly meaning

uld be cot ever I should certainle meddling in the affairs of cities in a Leave was accordingly granted.
be in favor of the proposition.

at manner which is obnoxious to the
Ilman

Mr. HOLMES. I move that the

Convention now take a recess. ... .merely desired to suggest that this is people.

The motion was agreed to; and ac-
an important matter, and one which Mr. MOCLELLAND. The amend-
should not be passed over hastily.

cordingly, (at five minutes past 12
ment expressly excepts the city of De-l
Mr. DANIELLS. I would ask if the troit, and gives it over to the tender

Jo'clock, p. m.;) the Convention took

| a recess until 3 o'clock p. m.::. case decided by the Supreme Court mercies of the Legislature. It authorwas upon an appeal from a board of izes the Legislature to pass special acts supervisors ?

in reference to cities containing over Mr. SUTHERLAND. I am not ten thousand inhabitants. I consider

; AFTERNOON SESSION. familiar with that decision, but I am this a very important subject. I hope The Convention re assembled at 3 informed that the point referred to by members will take time and reflect

o'clock p. m., and was called to order the gentleman from Branch (Mr. LUCE) upon it, for if a provision of this kind

aby the PRESIDENT. was not decided by the Supreme Court. can be adopted, it certainly will save

| The roll was called, and a quorum
It has not been decided by them, and the State an immense expense and will answered

| answered to their names...
I imagine it would not be, that a county shorten the sessions of the Legislature
could not exist with only one township. at least from ten to twenty days each

E

LEAVE OF ABSENCE. .
· Mr. BLACKMAN. There is one session, if my experience upon that Mr. PRINGLE. I have been re-
other consideration which, it strikes me, subject entitles me to express an quested to ask
has not been particularly alluded to in opinion. I presume that every mem- | Mr. MUSGRAVE, until next Monday af-
favor of this amendment; that is the ber of this body, who has been a mem-| ternoon. :.
great variety of powers that are granted ber in the Legislature will concur in Leave was accordingly granted... ::

to these villages by the manner in that opinion. In order to give time.... PERSONAL EXPLANATION..:" : .. which the Legislature is now acting for reflection, as it is now twelve o'clock, Mr. BURTCH. I rise to make a

. upon the subject. Some have one set I will move that the committee rise, I personal explanation, in regard to my

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motion to amend the article on the.."No special acts to create any such organ-lation of two or three thousand inhabiLegislative Department, so as to have

have ization, (townships, cities and villages,) or
defining their powers, except cities contain-

tants, and a million of dollars' worth of ure meet every twentiething over ten thousand inhabitants, shall here- property, if it is not of sufficient imyear. I was laboring under a misap- after be passed by the Legislature." portance to engage the attention of the prehension when I made the motion. Here is a very important limitation Législature long enough to pass an act I supposed that there was one major-, upon the power of the Legislature. of incorporation, and have a place ity against the amendment for the They are prohibited from passing any upon the year-books of the State, then yearly session of the Legislature, and special act in relation to the incorpor- I think we have but very little use for I thought I would get off a little irony ation of cities, townships or villages, the Legislature. My opinion is that : by the introduction of my amendment. except in cases of cities containing the Legislature was intended and deLEGISLATIVE DEPARTMENT.

over ten thousand inhabitants. Upon signed to pass laws to meet the wants.. Moma SMITE I move that the examining this question, I am clearly of every section of the State.

of the opinion that this provision is When a village comes to contain Convention now resolve itself into

wholly inexpedient; that it cannot be three thousand inhabitants, it is a matcommittee of the whole on the general

made to operate harmoniously, and ter of great importance to them, that order. Tho motion was agreed to.

secure the interests of the State. If it they should have an act of incorpora- .. The Convention accordingly resolved

is adopted, we are bound by an iron tion which will meet their wants and ·

rule throughout every part of the necessities. The Legislature can very itself into committee of the whole, I state. We must have the same act of well afford to take the time to grant (Mr. PRINGLE in the chair,) and re

incorporation for villages or townships such a charter. If they have a charter sumed the consideration of the article

in the southern part of the State, that which does not meet their wants, it entitled “Legislative Department.”

we have in the northern part; the may prevent their growth and do very ORGANIZATION OF CITIES, TOWNSHIPS AND same in the eastern that we have in great injury to them. VILLAGES. the western part. .

It seems to me that the whole history : The CHAIRMAN. When the com- I ask gentlemen of the Convention of this general legislation is not at all * mittee rose this forenoon, it had under if this provision can be made to operate encouraging. For the last seventeen

consideration section twenty-six of this without great hardship and great in- years none but municipal incorpora-
article, as follows:
' "The Legislature may confer upon organ-

and expedient for the northern penin- except under general law. The practi-
ized townships, incorporated cities and vil- | sula, may be wholly inapplicable to the cal effect of that in many instances has
lages, and upon the board of supervisors of southern peninsula; what may be al been, to say the least, very bad. Take
the several counties, such powers of a local, benefit to Villages and townships on the the case of insurance companies. While
legislative, and administrative character as
they may deem proper."

coasts of the lakes, may be wholly in- the State has been paying to eastern The pending question is upon the

expedient for townships and villages in companies an amount for insurance amendment of the gentleman from

the interior. What may be proper for greater than the taxes in the State, we Saginaw, (Mr. SUTHERLAND,) to add to

to a large village may be improper for a have had no insurance companies in the section the following:

small one. In some villages on the the State that possessed the confidence

lake shores, certain restrictions or of the people. Why? Not because law for organizing townships, cities and vil

powers may be necessary that would we did not have capital in the State; lages, on such conditions and subject to be out of place in the interior of the not because we had no good busisuch regulations as may be prescribed. No State. Again, in many villages, where ness men here; not because our special acts to create any such organization ranta or defining their powers, except cities con

rents and property are high, they might moneyed corporations were not equal taining over ten thousand inhabitants, shall require a high rate of taxation, perhaps to the corporations of other States; hereafter be passed by the Legislature... two or three per cent. In the villages but simply for the reason that no in

Mr. STOUGHTON. In the few re-l in the interior, where property is held surance company could be chartered marks which I submitted to this at a much lower valuation, they might by the Legislature, and the general amendment when it was first offered, I want to limit taxation to one per cent., laws upon that subject were so defechad the impression that it was a sub- or less than that.

1.. tive, that no men possessing capital stitute for this section. I understand! It seems to me that no general law would organize under them. And that now that it is intended as an addition can be made to meet the wants and 18 the case of a vast amount of other to the section. By referring to section interests of every section of the State, interests of the State. We have suftwenty-six it will be seen that it au-/ We have tried this: we have a general fered from this very cause.. . thorizes the Legislature to confer upon law now for the incorporation of vil- It does seem to me that it would be . boards of supervisors certain powers. lages. And what has been the ex- for the interest of the State to leave The first clause of this amendment I perience of the State under such a this question right where it is; that can see no possible necessity for. It law? I venture to say that almost when villages and cities grow up, they authorizes the Legislature to provide every village which has been incorpo- should have such charters and priviby general law for organizing town- rated under that general law, either leges as they are properly entitled to. ships, cities and villages. The Legis- desires to get out from under it, or They have a right to ask and expect lature may do that now under the else has already done so. In my this of the Legislature. It would be present Constitution, or under the county a village obtained a special act wrong in us to tie up the hands of the Constitution which we will probably of incorporation last winter, and others Legislature and of the people so that frame. There is a general law now desire to do so. If gentlemen say that they could not get their reasonable refor the incorporation of villages and it would be better for the publie that quests granted. townships. This amendment proposes there should be such legislation in this Mr. SUTHERLAND. It is true that :

i.

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lature to pass such a law. But the lowed to have a special act of incorpo-pass general laws on this subject; and material part of the amendment is con- ration, then I should like to hear some it is true that they have passed a gentained in the second clause, which is good reason given for it. I venture eral law for the organization of vilas follows:

to say that where a village has a popu- lages. And probably it is quite true Vol. 2-No. 13.

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