Legislature, to counsel and advise that If there had not been such a sweep-fitted for seats in the Legislature, shall body while preparing laws to affect the ing clause in relation to other State be kept out of that body by a provieducational interests, and educational officers, it is probable that my attention sion of the Constitution. I never could institutions of the State. These offi- would not have been directed so par-see any good reason for that. I do not cers have nothing to do with any ticularly to this exception. But when think any good reason can be assigned. other State affairs. They are not like a provision says that a regent of There may be some officers whom it other State officers, having control over the University or a member of the would be well to exclude from the Legthe finances, or the fiscal interests or board of education may be a member islature. But I think it is all wrong business of the State in any way. of the Legislature, and then goes on to make this sweeping prohibition of They have nothing to do except with to provide that another person shall all our officers, and then to say that a the interests of education. I think the not be a member because he is county regent of the University, or a member committee were unanimously of the superintendent of schools, I must say of the board of education shall be alopinion that there might be cases where that I cannot see any good reason for lowed to hold a seat in the Legislait would be very desirable to have the the distinction. I would like to know ture. I shall vote to strike out the benefit of the knowledge, experience why a superintendent of common exception, and then I shall be ready to and suggestions, which members of schools should not be allowed to vote to strike out very much of the the board of education or regents of hold a seat in the Legislature, especial- remainder of the section. the University might give them. These ly when he knows the practical workare some of the reasons which induced the committee to make these exceptions to the disqualifications of this section. I think these reasons were satisfactory to every member of the committee.

Mr. DANIELLS. I move to amend ings of the common school system five the section by striking out after the times as well as would a regent of the words "board of education," the words University. And yet, under this sec- "holding the office." The effect of tion he cannot come here, because he my amendment will be to permit all is a superintendent of common schools. the county officers to be elected to the I would like to hear one single reason Legislature, if the people are disposed Mr. GIDDINGS. I was about to why a county superintendent of com- to elect them. rise to make the motion which was mon schools ought not to be allowed The CHAIRMAN. The Chair is of made by the gentleman from Ingham, to hold a seat in the Legislature, when the opinion that the amendment is not (Mr. LONGYEAR,) who obtained the floor from his knowledge of the system, he in order, as it does not relate to the first. I felt, as that gentleman ex- could give the Legislature far more in- amendment now pending. pressed himself, that in relation to formation than probably most any oth- Mr. FERRIS. I wish to say a few these other officers, there was very er person. Why should he be exclu- words, and but a few, in regard to the little occasion to put into the Constitu- ded and a regent of the University, amendment proposed by the gentletion a provision prohibiting them from who knows nothing about the practical man from Ingham, (Mr. LONGYEAR.) taking seats in the Legislature. But if workings of the common school sys- We can see our way clearly through such a rule is to be used, I am unable tem, be permitted to come into the this question which has been raised to see why an exception should be legislative hall, and secure some par- here, if we get at the rule in regard to made in favor of regents of the Uni- ticular end for the corporation of excluding from the Legislature parversity and members of the board of which he is a representative? While ticular officers. If I understand the education. I will stand by the University, and feel matter, the reason why certain officers The reasons assigned by the chair- proud of it, and am willing to do any- are to be excluded from holding seats. man of the committee, (Mr. CONGER,) thing that ought to be done to sustain in the Legislature, is because the duties are not to me satisfactory. In the first it, I do not believe it would be the best they perform are incompatible with the place, a regent of the University would policy for the people of the State to duties that would be required of them be generally selected, if there was no send the regents of the University to in the Legislature. I can see no reason provision against it, to take a seat in the Legislature, to obtain from the of that kind to prohibit a regent of the the Legislature for the purpose of se- Legislature what could be just as well University, or a member of the board curing certain things for the Univer- obtained by sending members here of education from being eligible to a sity. While I am in favor of sustaining such as ordinarily compose that body. seat in the Legislature. I appeal to and continuing that institution, of Let that institution stand before the my friend from Kalamazoo, (Mr. GIDwhich we are all so proud, I do not Legislature like every other institution, DINGS,) to say if it is not plain, that believe that the sending of a regent of upon its own merits. persons holding the offices named in the University here to the Legislature I do not myself believe that it is this section such as probate judge, would tend at all to assist in securing worth while for us to undertake to pre- county clerk, register of deeds, county a particular result, such as is sought vent any of these minor officers from treasurer, sheriff, etc., cannot attend generally by sending a man to the coming to the Legislature. I have upon and discharge the duties in the Legislature. One who comes here sim- myself seen many instances where I Legislature, without neglecting the ply to represent the interests of the thought that some of these minor offi- duty of their other offices at home, regents of the University or the board cers would be of advantage in the Leg- which duties they took upon themof education, in my judgment, is not as gislature, for the purpose of showing selves to discharge, under the obligalikely to succeed as would be some one what was necessary to be done, and in tion of an oath, to the best of their else not so directly representing those what respects legislation was defective. ability. I take it that is the reason interests. He will always be regarded Yet, these officers by this provision are why that class of officers are excluded as having come here for a particular shut out, for what purpose I do not by the provisions of this section. It purpose and no other; all his acts and know. I do not think it would be to may be said that they can perform movements will be watched in reference the benefit of the Legislature to exclude their duties just as well through their to that end. I believe that if a regent from that body all persons connected deputies; that is, farm out their local of the University should be sent here with the judicial department. Yet, offices to subordinates, while they to secure some particular measure for from some cause or other, I do not themselves come here to the Legislatue the University, he would be very likely know what, it is proposed that those during the winter. to fail. who are in many instances the best

I think that so far as this class of

officers are concerned, this exclusion is such as probate judge, county clerk, their services, and the law seems right. I think that when a man takes register of deeds, county treasurer, and to contemplate that their time shall upon himself the performance of a cer- all the officers which have been enum- be wholly given to the discharge of tain class of public duties, he should erated, except perhaps the federal offi- their official duties. In many of the carry out the implied promise he made cers; for in regard to them the State larger counties of the State, perhaps in to the public, and attend to the duties Legislature would have very little to the majority of the counties, the county of that office, or else resign. I think do. But so far as regards officers un- superintendent of schools should dethere is a conflict between the two der the State laws, it seems to me that vote the whole of his time during the offices. Not but what the sheriff, or the same reason applies to permitting winter to the discharge of the duties of the county treasurer, or the probate them to come to the Legislature, as his office. He cannot discharge judge, if elected to the Legislature applies to permitting members of the properly his duties to the schools of would discharge their legislative duties board of education and regents of the the county, and at the same time serve properly. They are high-minded, University; that is, in order that the any representative district or senatorial honorable men, as we are bound to Legislature might have the benefit of district in the Legislature. The prosesuppose. But while they are discharg- their experience. I think that is a very cuting attorney cannot properly dising one set of duties, they certainly good reason why the officers acting charge the duties of his office, and at cannot discharge the other set of du- under the State laws should hold seats the same time serve in the Legislature. ties. This I take it is the reason of in the Legislature, in order that that And with all respect for the gentleman the exclusion; the incompatibility of body might have the benefit of their from Kalamazoo, (Mr. GIDDINGS,) I subthe two offices. I would say to my experience, especially in regard to our mit that a judge of probate cannot friend from Ingham, (Mr. LONGYEAR,) faithfully and efficiently discharge the that I see nothing of that kind so far duties of his office, and at the same as relates to regents of the University, time efficiently represent a district in or members of the board of education. the Legislature. I see nothing in their duties that would conflict with their holding seats in the Legislature. If I did, I should most certainly vote for his amendment.

system of taxation and finances. All
officers having connection with our sys-
tem of taxation should be permitted to
hold seats in the Legislature, so that
that body might have the benefit of
their experience.

Mr. GIDDINGS. Will the gentleman permit me to ask him a question? Mr. LOVELL. Certainly. Mr. GIDDINGS. I would inquire of the gentleman if he does not consider the people themselves competent to decide whether they shall send a judge of probate to the Legislature, without the Constitution interfering in the matter?

As I intimated, when I was up before, I am opposed to all these restricMr. LONGYEAR. I wish to say, in tions. But if there is to be any rethe first place, that I did not make striction, then I think it should be made this motion for any particular "drive," to cover the whole ground. I see no so to speak, at those very worthy offi- good reason for excepting one set of cers, the regents of the Univer- officers and not excepting the others. sity, and members of the board I, therefore, shall insist upon my amendof education. I made it for the pur-ment, and ask for a vote upon it. And Mr. LOVELL. I will cite the genpose simply, as I stated at the time, to then, at the proper time, I shall move tleman to a fact. A few moments ago, call out the reason for excepting those to strike out the entire section. when some of us voted in favor of alofficers from the rule prescribed by the Mr. LOVELL. The gentleman from lowing a district to take a person from section. I must confess that the rea- Kalamazoo, (Mr. GIDDINGS,) and the outside its limits to represent them in sons which have been assigned here gentleman from Ingham, (Lr. LONG- the Legislature, the gentleman deemed for that exception, are entirely un- YEAR,) are not able to see any reason it unadvisable to allow it to be done. satisfactory to my mind. I think if why a regent of the University or a If there is occasion for a restriction in there is any force in the reasons which member of the board of education that case, I think there is here. Havhave been assigned, they would apply might serve the people in the Legisla- ing the highest respect for the gentlewith equal force to all the other officers ture, if the county superintendent of men to whom there might be a seeming enumerated in the section. If the schools, the prosecuting attorney, pro- allusion, I will go on and say, that if regents of the University and members bate judge, county clerk, etc., cannot the law which called this Convention of the board of education are excep- appropriately serve there. I will re- together, had provided that no person ted, for the reason assigned by the peat what has been said before, in holding any of these offices, and other gentleman from St. Clair, (Mr. CON- order that the repetition of it may offices that might be named, should be GER,) then, as has been very pertinent- sink deep into their minds; I do admitted to seats in this Convention, ly asked by the gentleman from Kala- not suppose I can state it any it is at least possible that the business mazoo, (Mr. GIDDINGS,) why not also more clearly than the gentleman might have been prosecuted here alexcept the county superintendents of from Kent, (Mr. FERRIS,) has done. A most as quickly as it is now. I think schools? The principal reason given regent of the University is engaged in it must be within the recollection of by the gentleman from St. Clair, was, official duties pertaining to that office members here, and a recollection that that it was desirable that regents of very few days in the year, probably amounts almost to soreness, that we the University and members of the not exceeding twenty in all. The have had repeatedly to put off business, board of education should come to the members of the board of education and reports have not yet been made Legislature, in order that that body might have the benefit of their experience and observation in regard to the great interest of the State. Will not the same rule apply to other officers of the State? It certainly applies equally and with the same force to the superintendent of schools.

serve for the same length of time. from some of our committees, for the And in consideration of the fact that it reason that gentlemen having charge takes very little time to attend to the of those matters were not present in duties of those offices, and the balance the Convention; for the reason that of their time is left for them to obtain certain members were absent on official a living in some other way, the laws business. I will allude to the comhave provided that they shall receive mittee upon which I have the honor to no compensation for their services, serve. Our report would have been in It seems to me also, that it applies except for their actual expenses. here, and on our files three weeks ago, with equal force to all the other officers The other officers named in this if there had not been so many memnamed; that is to all the State officers, section receive compensation for bers of the committee absent on ofVol. 2-No. 4.

ficial business. It greatly impedes the business of this Convention that so many of its members act in dual capacities.

One day some member arises and asks that he be excused, on account of official business elsewhere; another is prosecuting attorney in some county, and asks therefore to be excused; another is regent of the University, and has to be excused; another is trustee of a railroad corporation, and he must be excused. Is it not a fact that our proceedings here have been greatly impeded on account of these things?

tained by his experience in the office,
when he leaves the office? Surely we
can get all this experience without con-
founding and mixing up offices in this
way.

United States, or this State, or any county
"No person holding any office under the
office, except notaries public, officers of the
militia, and officers elected by townships,
shall be eligible to, or have a seat in either
house of the Legislature; and all votes given
for any such person shall be void."

Upon further consideration the com-
mittee adopted what now stands as
section six of the article under con-
sideration. That action of the com-
mittee was based somewhat upon the

But with regard to a county supersay that gentlemen will see by referintendent of public schools I would ence to section eight of the article under consideration, that the Legislature is required to meet on the second Wednesday in January. If the duties of the county superintendent of common schools would ever require him to be at home for the discharge of those duties at any season of the year, that season is above all others the very time when his

cided that he acted merely as a trustee of the University, and was not legitimately a State officer. I presume the Legislature would have determined the same in regard to a member of the State Mr. P. D. WARNER. Section six board of education. I can see no obof the article on the legislative depart-jection to allowing the educational inment, in the present Constitution, con- terests of our State to have representataining provisions similar to those em- tives of their own selection in the Legbraced in section six of the article now islature. Those interests are imporunder consideration, was stricken out tant to our State; they are cherished entirely upon my motion, or on the by our people; we have educational inmotion of some other member of the stitutions of which we, as citizens of committee on the legislative depart- the State of Michigan, are all proud. ment, because it was conceived to be And if any locality is favored with the an interference with the just and le- presence of a representative of one of And how would it be in the Legis-gitimate privileges of the people, in these institutions, and desires his serlature? If a member is county super- the selection of such persons as they vices in the Legislature, I would say let intendent of schools, he cannot attend might desire to represent them in the them have the privilege without restricto his duties at home and represent his Legislature. That section, in the tions, of sending him there. district here properly. There will present Constitution, is as follows: continually come up the proposition to put off this measure or that, in which he is interested, until he returns. I have asked leave of absence for my colleague, (Mr. HOWARD,) at times, because he is obliged to be absent on official business; he happens to be at the present time. Our people like him very much, and they bestow many offices upon him. I have no doubt he would be glad to avoid some of them, if he could be excused from suggestion of one or two members of presence would be required in the Legthe committee on the legislative de- islature. It would, therefore, be perpartment, who conceived that the fectly impossible for him faithfully to change proposed was too radical in its discharge the duties of county superinnature to meet the approval of the people; and that almost every State in the Union had in its Constitution this same, or a similar provision, in relation to individuals who were excluded Again, it has been urged here as an from holding seats in the Legislature. objection to this section, that some of Therefore, this section was agreed these county officers may be better upon by the committee and reported qualified to act in the capacity of legisIt is not that the people shall be re- to the Convention. lators than any other persons who may stricted in their freedom of choice; I desire to refer to one consideration be sent here. In certain instances that but we say that these several offices suggested by the gentleman from Kala- may be true. But the committee are incompatible with each other. If mazoo, (Mr. GIDDINGS.) He inquired adopted the rule, that no person holda man is superintendent of schools, why a regent of the University, or a ing a United States office, to which he and wants to be in the Legislature, member of the board of education, had been appointed by the President, then he may resign the other office. If should be allowed to hold a seat in the by and with the advice and consent of a man wants to be in the Legislature, Legislature, and a county superinten- the Senate of the United States, should then let him not be prosecuting attor- dent of common schools be prohibited be eligible to a seat in the Legislature. ney, or probate judge, at the same from doing the same. I will state that Now, if I rightly understand the law, within my knowledge and experience, at least so far as relates to postIt is said that we want these gentle- it has been the practice of the people masters, those receiving a salary or men here, in order that we may of the State, or the people of certain compensation for their services, of one have the benefit of their experience. legislative districts, to choose a regent thousand dollars and upwards a year, Now, is it possible that there are not of the University as their representa- are appointed by the President of the ex-officials who can give the same in- tive in the Legislature. The question United States; those receiving a less formation? Are there no ex-prosecuting of the right of such a person to hold a salary are appointed by the postattorneys, no ex-probate judges, no ex-seat in the Legislature has been more master general. Now these county treasurers of counties; no ex-registers times than once before the Legislature officers receive a salary equal to or of deeds, no ex-county clerks, that can and determined. Each time that the exceeding a thousand dollars a year. be induced by the consideration of the question arose the Legislature decided So that they not only have duties that honor of the thing, to serve constitu- that a regent of the University was not require their attention at home, but encies in the Legislature? Do the a State officer, within the meaning and they have a compensation equal to the offices always remain in the same contemplation of the sixth section of compensation of those United States hands? Or does a man lose all the the article on the legislative department officers who are excluded by the proknowledge and information he has ob- in the present Constitution. They de- visions of this section.

them; but he feels bound to submit to the will of the people, and to serve them in the various capacities to which they elect him. He is an alderman, one of the trustees of schools, prosecuting attorney, and member of this Convention. And if this provision is stricken out, it is possible that he may be a member of the Legislature. Now is it compatible that he shall hold all

these offices?

time.

tendent, and also the duties of member of the Legislature; because he must neglect one or the other of those duties while the Legislature is in session.

Mr. GIDDINGS. It seems to me

that either I do not comprehend other gentlemen, or they do not comprehend me. I believe, with the gentleman from Ingham, (Mr. LONGYEAR,) that we ought to strike out this whole section; and I hope that we shall ultimately do so. In order to perfect it, although I hope it will be entirely stricken out, I shall vote to strike out these excep

I see no necessity for any alteration It may also be true that his constitu- courts should not be members of the of this section. Although it was ents would have been just as well off if Legislature. Why? Simply because stricken out at one time by the com- he had not been sent here. It may be the interests of the people require mittee on the legislative department, true that there would have been some them to discharge their duties in a it was afterwards reinstated in the wisdom left in the world if he had judicial capacity alone; not that they form now before us; and I am dis- not exhibited so much of it here. I are not eminently capable of dischargposed to stand by it. know there has been a great ing other duties, not that they may not deal of wisdom derived from be the very best men to be in the Legthat source, which has been continually islature. But while acting as judges poured out upon us in profusion, for their duties as such would be incomsome time past. Yet I have not been patible with the discharge of duties in inclined to say to him that the people the Legislature. The gentleman from of his district would have done better Kalamazoo, (Mr. GIDDINGS,) refers to if they had left him at home. I sup- the few days that the Legislature pose the people know whether they would be in session. Judging from were willing to have their members the past, those few days will be about come here for a part of their time, and one hundred every two years or about spend a part of their time in their du- fifty each year. I do not desire for a ties at home. Whatever satisfaction moment that any remark of mine made the gentleman can obtain from the line here shall be considered as impugning of argument he sees fit to pursue here, the official character of gentlemen upon I am willing he shall have. If he can this floor; I respect them all very gain anything by following that line of highly; if they do not respect me, I argument I hope he will continue it. cannot help it. But I think he will not gain a great deal, but that he will come down after a time, and come down rather hard.

tions.

The argument that is made against the proposition to strike out, is this; that the holding of two offices is incompatible; that is, that no person should be allowed to hold the office of a member of the Legislature, and one Mr. COOLIDGE. Believing as I of these county offices, because the dudo that the business of this Convention ties of the two offices cannot be properly performed by the same person. has not been delayed by the absence of Mr. LOVELL. I desire to make one some of the chairmen of our commitThat may be so at times. But I take remark in explanation. I thought I tees, I cannot consent that the remarks it with the Legislature meeting for a distinctly stated when I was up before, of the gentleman from Genesee, (Mr. few days once in two years, any one that the remarks I then made were not LOVELL,) shall go upon the record of these officers can be spared from to be considered as in any sense per- without a dissent on my part. I know home for a short time, to perform du-sonal to members of this Convention. that a few of the chairmen of committies here. I think the people are com- As to what I may have said that I tees have been absent. I do not know petent to judge of that matter for ought not to have said here, or as to that they have been absent more than, themselves, and can do it much better how much I may have occupied the than this Constitutional Convention. time more than I should have done, I members of the Convention. But this or as much as, a great many other It may be considered, sometimes, that have no excuse to offer. But if any is the first intimation I have ever heard a man might come here who ought not remark I have made here can be con- from any one that the business of this to be here. But it has not been my strued as showing any want of respect Convention had been retarded by the experience to find people seeking the for the gentleman from Kalamazoo, absence of any chairman of any comoffice of a legislator of this State. It (Mr. GIDDINGS,) as indicating that I mittee. Nor do I think such has been is said that if any one wants to come did not regard him as a very able man, the case; I think the remark was made up here as a member of the Legisla- or as a very efficient representative of in haste and without thought. We ture, he should resign another office his constituents, then I must say that have had plenty of business on hand that he may happen to hold. Suppose it would be construed much differently all the time; we have not been delayed there is no wish on his part, in refer- from what I intended. I made no at all. ence to the matter, but a mere passive- personal allusion to him whatever in ness to serve the people in whatever any such sense; nor did I to any other capacity they may desire. If the peo- gentleman. But I did call the attenple wish to send him here, the fact that tion of the Convention to the fact that he holds a county office should not pre- there had been much delay in our the gentleman. I understood furtherclude him from representing them here. business, because certain members of It may be true that a man cannot this Convention had their official duties more that he singled out as one, a

away

Mr. LOVELL. I said nothing about the absence of the chairmen of committees; I made no reference to them. Mr. COOLIDGE. I so understood

perform all the duties of the two offices to perform. The attorney general, judge who is chairman of a very imat the same time. But he may for a whom I highly respect, certain judges, portant committee. Mr. LOVELL. The gentleman misfew days cease to perform the duties prosecuting attorneys, and so on, have of one office for the purpose of doing had official duties to call them understood me; I made no allusion to more good than he could do at home, from here, and our business has been that gentleman. I did not have him for the purpose of securing such legis- delayed thereby. And I do say that I in my mind. lation as may enable him to perform think it inadvisable that the business Mr. COOLIDGE. I supposed that the business of his office at home with of the Legislature should be delayed other members of the Convention felt more facility and satisfaction to the from such causes. I think the persons as I have felt, glad to have these men people. It may be true that we would who hold the offices enumerated in this of experience, and skill, and legal have been better off had we not sent section should not be in the Legisla- talent with us, even if we had to allow some men here who have been here. ture, because a public injury would them to be absent for a little time, or It may be true as the gentleman from grow out of it, not because they are for a number of times. I should be Genesee, (Mr. LOVELL,) says, that all not very able men. very sorry that our records should the wisdom and experience of the I apprehend that the Convention show that in the opinion of any of us State is not possessed by these officers. will yet decide that the judges of our the business of this Convention had

been retarded by the absence of the chairman of any committee.

The question was upon the amendment of Mr. LONGYEAR to strike out the words "except that of regent of the University, or member of the board of education."

such capable judges in every respect
are correct, then we do not want this
Convention to make a Constitution.
The question was taken upon the
amendment of Mr. McKERNAN, and it
was not agreed to."

teration in the arrangement of the section, in order to avoid any ambiguity of language. But the proposition he has submitted proposes an entirely different provision from the one reported by the committee, a provision to which I have strong objections, for reasons I The question have already stated.

Mr. P. D. WARNER. I move to The question was taken, and upon amend this section by inserting before a division, ayes 18, noes not counted, the word "schools," the word "com- raised by the two propositions is simthe amendment was not agreed to. mon," so that it shall read "the county ply this: whether or not a person holdThe question recurred upon the superintendent of common schools." ing another office may be elected to the amendment of Mr. DANIELLS to strike My object in moving this amendment Legislature before the term of his other out the words "holding the office," is to conform the expression in this office shall expire, and which office before the words "of probate judge." Constitution to the expression used in will expire before the time arrives for Mr. DANIELLS. I withdraw my amendment.

The question then recurred upon the substitute of Mr. MUSSEY for the section.

the statute creating the office. The
office is designated in the law of last
winter as "county superintendent of
common schools."

The question was taken upon the
amendment of Mr. P. D. WARNER, and
it was agreed to.

Mr. McKERNAN. Before the question is taken upon the substitute, I move to amend this section by striking out the words any elective office, except that of regent of the University or member of the board of education, and no person holding the office of probate judge, county clerk, regis- to strike out the exception. ter of deeds, county treasurer, sheriff, county superintendent of schools, prosecuting attorney, or;" so that the section will read:

Mr. LONGYEAR. I move to strike out this section. I do not propose to enter into any debate upon that motion, as the subject has been pretty generally discussed upon the motion I made

"No person holding any office to which he was appointed by the President of the United States, by and with the advice and consent of the Senate, shall be allowed to take or hold a seat in either house of the Legislature."

The CHAIRMAN. The question will first be upon the substitute offered by the gentleman from Macomb, (Mr. MUSSEY.)

him to take his seat in the Legislature. The committee desire to leave the section so that any person holding any of these offices might be elected to the Legislature; but to provide that he should not hold a seat in the Legislature while he held either of these offices.

The arguments of gentlemen, who desire to strike out these exceptional clauses, convince me more than ever that it is very proper that gentlemen holding any of these offices should be allowed to bring their knowledge and wisdom and skill connected with the subjects pertaining to their offices into the Legislature; but that they should not hold the two offices together. It Mr. MUSSEY. I am willing to have seems to me proper that one whose the question divided, and to have a office expires on the thirty-first day of vote taken upon the resolution to strike December, and whose term as a memout. ber of the Legislature would not comThe CHAIRMAN. The Chair un-mence until some time in January, should have the privilege of being elected to the Legislature before the duties of his legislative office should commence. I think that the duties which he would be required to perform in the Legislature would not be incompatible with his discharge of duties in the other office before the Legislature met.

Mr. LONGYEAR. I will withdraw the motion to strike out, until after the substitute has been acted upon.

The question again recurred upon the substitute proposed by Mr. Muswhich was read as follows:

SEY;

I hardly think it necessary to make the exclusions proposed by this sec-derstands the substitute to be in the tion; I think it would be better with- nature of an amendment to the section. out them. It occurs to me that that It will be in order first to perfect the would be excluding from the Legisla- section before the motion is put to ture some of the best men in our strike out. State. It is also an inference that the people of the various districts are not capable of choosing their representatives. There has been a great deal said here in regard to the "dear peoThe main objection to allowing the ple." I am one of those who believe State and county officers to hold seats that the people of the different dis"No person holding any elective State in the Legislature while holding these tricts, senatorial or representative, are office, except that of regent of the Univer- other offices, is that their duties to capable of choosing for offices such sity, or member of the board of education, their constituents at home require their men as should hold them; whether nor any one holding the office of probate daily services there. In reply to the judge, county clerk, register of deeds, county sheriff, judge of probate, or anything treasurer, sheriff, county superintendent of remarks of my very worthy friend from else. I have not yet heard any argu- schools, prosecuting attorney, or any office Kalamazoo, (Mr. GIDDINGS,) permit me ments to convince me that it is proper to which he was appointed by the President to say, that of all the examples he to prohibit State or county officers and consent of the Senate, shall be eligible could have chosen to illustrate his from holding seats in the Legislature. to, or have a seat in either House of the position, that of superintendent of In some portions of our State it may Legislature." county schools is the last which he be necessary to elect one of these offi- Mr. CONGER. Before this question should have cited. That officer is the cers for such a purpose. As a general is put upon the substitute, I desire to last officer who should be permitted to thing, these officers are men of exper- move to amend the last clause of it by leave his official duties, during the ience, and would be of great assistance striking out the words "eligible to or three or four months the Legislature in the Legislature. I cannot see the have," and inserting the words "al- may be in session. It was said in the necessity of this prohibition; I am in lowed to take or hold," so that it will Legislature when

of the United States, by and with the advice

favor of leaving the whole matter with read, "shall be allowed to take or hold created-and I consider it one of the people, where I think it properly a seat in either house of the Legisla- the most beneficial offices in the belongs, and allowing them to be the ture." That will make that portion of State-that its duties would require judges of their own interests in this the substitute read the same as the sec- the constant time and constant atregard. tion reported by the committee. I un- tention of the person holding the derstood the gentleman from Macomb, office, if he was faithful in the per(Mr. MUSSEY) to propose simply an al-formance of those duties; if he attend

Mr. BURTCH. If the gentleman's views in regard to the people being