[See Art. XII, Sec. 7.] [See Art. VII, Sec. 4.] [See Art. VII, Sec. 4.] ARTICLE X. COUNTIES. SECTION 1. Each organized county shall be a body corporate, with such powers and immunities as shall be established by law. All suits and proceedings by or against a county shall be in the name thereof. : Sec. 2. No organized county shall ever be reduced by the organization of new counties to less than sixteen townships, as surveyed by the United States, unless, in pursuance of law, a majority of electors residing in each county to be affected thereby shall so decide. The Legislature may organize any city into a separate county when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of a county in which such city may be situated, voting thereon, shall be in favor of a separate organization. Sec. 3. In each organized county there shall be a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, chosen by the electors thereof, once in two years, and as often as vacancies shall happen, whose duties and powers shall be prescribed by law. The board of supervisors in any county may unite the offices of county clerk and register of deeds in one office, or disconnect the same. Sec. 4. The sheriff, county clerk, county treasurer, judge of probate and register of deeds, shall hold their offices at the county seat. Sec. 5. The sheriff shall hold no other office, and shall be incapable of holding the office of sheriff longer than four in any period of six years. He may be required by law to renew his security from time to time, and in default of giving such security, his office shall be deemed vacant. The county shall never be responsible for his acts. Sec. 6. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. [See Art. XIV, Sec. 1.] [See Art. XIV, Sec. 3.] 4 [See Art. XIV, Sec. 4.] [See Art. XIV, Sec. 5.] [See Art. XIV, Sec. 6.] [See Art. XIV, Sec. 7.] ! 1 Sec. 7. Cities shall have such representation in the board of supervisors of the counties in which they are situated, as the Legislature may direct. Sec. 8. No county seat once established, shall be removed until the place to which it is proposed to be removed shall be designated by two-thirds of the board of supervisors of the county, and a majority of the electors voting thereon, shall have voted in favor of the proposed location, in such manner as shall be prescribed by law. Sec. 9. The board of supervisors of any county, may borrow or raise by tax one thousand dollars, for constructing or repairing public buildings, highways or bridges; but no greater sum shall be borrowed or raised by tax for such purpose in any one year, unless authorized by a majority of the electors of such county voting thereon. Sec. 10. The board of supervisors, or in the county of Wayne, the board of county auditors, shall have the exclusive power to prescribe and fix the compensation for all services rendered for, and to adjust all claims against, their respective counties; and the sum so fixed or defined shall be subject to no appeal. Sec. 11. The board of supervisors of each organized county may provide for laying out highways, constructing bridges, and organizing townships, under such restrictions and limitations as shall be prescribed by law. · SECTION 1. There shall be elected annually, on the first Monday of April, in each organized township, one supervisor, one township clerk, who shall be ex-officio school inspector, one commissioner of highways, one township treasurer, one school inspector, not exceeding four constables, and one overseer of highways of each highway district, whose power and duties shall be prescribed by law. Sec. 2. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings by or against a township, shall be in the name thereof. ARTICLE XII. IMPEACHMENTS AND REMOVALS FROM OFFICE. SECTION 1. The House of Representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes and misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment. Sec. 2. Every impeachment shall be CONSTITUTION OF 1867. [See Art. XIV, Sec. 8.] [See Art. XIV, Sec. 9.] [See Art. XIV, Sec. 10.] [See Art. XIV, Sec. 11.] [See Art. XV, Sec. 1.] [See Art. XV, Sec. 2.] [See Art. IX, Sec. 1.] [See Art. IX, Sec. 2.] CONSTITUTION OF 1850. tried by the Senate. When the Governor or Lieutenant Governor is tried, the Chief Justice of the Supreme Court shall preside. When an impeachment is directed, the Senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. Judgment in case of impeachment shall not extend further than removal from office; but the party convicted shall be liable to punishment according to law. Sec. 3. When an impeachment is directed, the House of Representatives shall elect from their own body three members, whose duty it shall be to prosecute such impeachment. No impeachment shall be tried until the final adjournment of the Legislature, when the Senate shall proceed to try the same. Sec. 4. No judicial officer shall exercise his office after an impeachment is directed, until he is acquitted. Sec. 5. The Governor may make provisional appointment to fill a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after the election and qualification of a successor. Sec. 6. For reasonable cause, which shall not be sufficient ground for the impeachment of a judge, the Governor shall remove him on a concurrent resolution of two-thirds of the members elected to each House of the Legislature; but the cause for which such removal is required, shall be stated at length in such resolution. Sec. 7. The Legislature shall provide by law for the removal of any officer elected by a county, township or school district, in such manner and for such cause as to them shall seem just and proper. Sec. 8. The Governor shall have power, and it shall be his duty, except at such time as the Legislature may be in session. to examine into the condition and administration of any public office, and the acts of any public officer, elective or appointed, to suspend from office for gross neglect of duty, or for corrupt conduct in office, or any other misfeasance or malfeasance therein, either of the following State officers, to-wit: The Attorney General, State Treasurer, Commissioner of the State Land Office, Secretary of State, Auditor General, Superintendent of Public Instruction, or Members of the State Board of Education, or any other officer of the State, except legislature or judicial, and to appoint a successor for the remainder of their respective unexpired term of office, and 1. The Governor shall nominate, and by and with the advice and consent of the Legislature, in joint vote, shall appoint a Superintendent of Public Instruction, who shall hold his office for two years, and whose duties shall be prescribed by law. [See Art. XIII, Sec. 10.] Sec. 1. The Superintendent of Public Instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law. 2. The Legislature shall encourage [See Art. XIII, Sec. 11.] by all suitable means, the promotion Sec. 2. The proceeds from the sales of intellectual, scientifical and agricul- of all lands that have been or hereaftural improvement. The proceeds of ter may be granted by the United all lands that have been or hereafter States to the State for educational purmay be granted by the United States poses, and the proceeds of all lands or to this State, for the support of schools, other property given by individuals, or which shall hereafter be sold or dis- appropriated by the State for like purposed of, shall be and remain a per-poses, shall be and remain a perpetual petual fund; the interest of which, together with the rents of all such un sold lands, shall be inviolably appropriated to the support of schools throughout the State. fund, the interest and income of which, Sec. 3. All land, the title to which ARTICLE XII. EDUCATION. SECTION 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. Sec. 2. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported. [See Art. XII, Sec. 10.] [See Art. XII, Sec. 11.7 Sec. 4. The Legislature shall, within Sec. 3. The Legislature shall provide Sec. 5. A. school shall be maintained in each school district, at least three months in each year. Any school district neglecting to maintain such school, shall be deprived for the ensuing year, of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools. [See Art. XIII, Sec. 12.] Sec. 4. The Legislature shall provide for the establishment and maintenance of a library in each township, and of at least one in each city. And all moneys belonging to the public derived from fines, penalties, forfeit CONSTITUTION OF 1867. ures or recognizances, imposed or taken in the several counties, cities or townships, for any breach of the penal laws of the State, after deducting the actual costs of collection, shall be apportioned in the same manner, as is the income of the primary school fund, and paid over to the several cities and townships of the county in which such money accrued, for the support of such libraries: Provided, That the Legislature may authorize any township, by a vote of its electors, to apply its portion of said money to the direct support of its primary schools. 5. The Legislature shall take meas- Sec. 6. [There shall be elected in Sec. 5. There shall be elected eight ures for the protection, improvement each judicial circuit, at the time of the regents of the University, whose term or other disposition of such lands as election of the judge of such circuit, a of office shall be eight years, two of have been or may hereafter be reserved regent of the University, whose term whom shall be elected in every second or granted by the United States to this of office shall be the same as that of year, on the day of the annual township State for the support of a University; said judge. The regents thus elected election, so as to succeed the regents and the funds accruing from the rents shall constitute the board of regents now in office, as their several terms or sale of such lands, or from any of the University of Michigan.] There shall expire. When a vacancy shall other source for the purpose aforesaid, shall be elected in the year 1863, at the occur in the office of regent, it shall shall be and remain a permanent fund time of the election of a Justice of the be filled by appointment by the Govfor the support of said University, with Supreme Court, eight regents of the ernor. The chief justice of the Susuch branches as the public conven- University, two of whom shall hold their preme Court shall be ex officio a memience may hereafter demand for the office for two years, two for four years, ber of the board of regents. promotion of literature, the arts and two for six years, and two for eight years. sciences, and as may be authorized by They shall enter upon the duties of their the terms of such grant; and it shall office on the first of January succeeding be the duty of the Legislature, as soon their election. At every regular election as may be, to provide effectual means of a Justice of the Supreme Court therefor the improvement and permanent after, there shall be elected two regents security of the funds of said Univer- whose term of office shall be eight years. sity. When a vacancy shall occur in the office of Regent, it shall be filled by appointment of the Governor. The regents thus elected shall constitute the board of regents of the University of Michigan.* Sec. 7. The regents of the University, and their successors in office, shall continue to constitute the body corporate, known by the name and title of "the regents of the University of Michigan. Sec. 6. The regents of the University, and their successors in office, shall continue to constitute the body corporate, known by the name and title of "the regents of the University of Michigan." Sec. 8. The regents of the University Sec. 7. The regents of the University shall, at their first annual meeting, or as shall, as often as necessary, elect a pressoon thereafter as may be, elect a ident of the University, who shall be president of the University, who shall ex officio a member of their board, be ex-officio a member of their board, with the privilege of speaking, but not with the privilege of speaking, but not of voting. He shall preside at the of voting. He shall preside at the meetings of the regents, and be the meetings of the regents, and be the principal executive officer of the Uniprincipal executive officer of the Uni-versity. The board of regents shall versity. The board of regents shall have the general supervision of the have the general supervision of the University, and the direction and conUniversity, and the direction and con- trol of all expenditures from the Unitrol of all expenditures from the Uni-versity interest fund. versity interest fund. Sec. 9. There shall be elected at the Sec. 8. There shall be elected three general election in the year one thous-members of a State board of educaand eight hundred and fifty-two, three tion, whose term of office shall be six members of a State board of education; years, one of whom shall be elected in every second year, at the time of the *Amendment adopted by the Legislature of 1861, ap- election of regents of the University. They shall enter upon the duties of proved by the people at general election of 1862-votes ! |