By Mr. Blackman: Memorial of Paw Paw Grauge No. 10, Patrons of Husbandry. Referred to the committees on ways and means and State affairs jointly. To the Legislature of the State of Michigan: At a regular meeting of Paw Paw Grange No. 10, Patrons of Husbandry, the following resolutions were discussed, and unanimously adopted as the sense of this grange: Resolved, 1st, That we are opposed to any change in the Constitution of the State, relating to the election of judicial officers; 2d, That the salaries of all State officers, including Judges of the Supreme and Circuit Courts, should be fixed in the Constitution of the State; 3d, That the issue of stock, bonds, or certificates of indebtedness, except in good faith, and for value received, or in other words, "the watering of stock," and the formation of corporations among railroad officials, or other persons, for running trains or cars over the railroads of the State, should be prohibited; 4th, That the increase of the Board of Supervisors by allowing all incorporated villages to elect supervisors with power to assess and represent such municipalities independent of the township at large, will not only greatly increase the expenses of the county, but bring the villages and farming interests in direct conflict, which should not be encouraged, but prohibited by the Constitution; 5tb, That the school-district libraries exist in name only, and all moneys derived from fines, penalties, forfeitures, or recognizances should be permitted to be used for the support of the primary schools; 6th, That the power of the Legislature to alter or amend" the charters of "existing corporations," should not be denied by the constitution of the State; 7th, That the "proposition," Restriction and Taxation of the Liquor Traffic, proposed to be submitted to the people of the State by the "Constitutional Commission," is well calculated to mislead the voters, and thus legalize a traffic which is the cause of more wretchedness, crime, pauperism, insanity, and unnecessary taxation, than all other causes combined; and should be repudiated, not only by the Legislature, but by every lover of humanity; 8th, That the Secretary be instructed to forward a copy of these resolutions to the Legislature, now in session. E. L. WARNER, Secretary. T. R. HARRISON, Master. REPORTS OF STANDING COMMITTEES. By the committee on municipal corporations: The committee on municipal corporations to whom was referred Sec. 4, of Art. VI., of the proposed Constitution. Respectfully report that they have had the same under consideration, and have agreed to report on amendment thereto, which amendment they recommend be concurred in, and when so amended the section be passed. The committee have considered it unadvisable to remove the restriction imposed by this section against the alteration of Senate and Representative districts, but at the same time deem it unadvisable to retain any restriction against the alteration of the boundaries of municipalities, which restrictions under the decision rendered recently by the supreme court in the case of the eleventh ward, of Detroit, exists by virtue of the section wherever the change of boundaries of the municipality, whether a county town or city, affects a Senatorial or Representative districts. By the amendment proposed by the committee, the boundaries of a muni- . cipality, may be changed by law, but whenever a Representative or Senatorial district shall be affected by such change, elections shall be held for Senator or Representative in the territory, detached from the district the same as though no change of boundaries had been made. In some cases this necessity of holding such elections may occasion inconveniences, which must be endured until the next census is taken and apportionment made, but the committee can see no way of avoiding this inconvenience if it be desirable to retain the provision prohibiting alterations of districts by Legislation. If the Legisla ture may alter districts by transferring territory in one district to another, under the pretense of making a change in the boundary of a municipality, unless some provision be made for holding elections as proposed, the restriction may as well be stricken out entirely from the Constitution. The committee deem the restriction a proper one, and the Legislature should not be permitted to nullify it at pleasure. The committee have also ascertained that the decision of the Supreme Court may affect the validity of action taken under a very large number of acts passed by the different Legislatures since 1850. The validity of the organization of counties and towns and of annexations to a number of cities may be questioned and possibly held void,-while possibly the court may hold in some of these cases that where the action of the Legislature has been acquiesced in and been acted upon for a series of years, and especially where it had been subsequently recognized by law, and the people have raised taxes, made improvements, and exercised their franchises. No inquiry can be permitted to undo their corporate existence. Yet it cannot be determined what would be the decision. And as to some of these acts there can be no doubt that they would be held to be null and void. If the Supreme Court should overturn all of the acts of the Legislature of the character mentioned which have been passed since 1850, the consequences would be so sérious that the mere mention of them would immediately give rise to the question whether a confirmation of the acts should not be made. As the difficulty grows out of the Constitution it probably cannot be cured except by the Constitution. If these acts were void a subsequent law could not confirm and make them valid except as suggested above upon the principle that the State would be estopped from questioning its own action. The matter is of so much importance that the committee have deemed it advisable, in order to quiet any possible doubt on the subject, to include in this amendment a confirmation of all acts of the Legislature heretofore made changing boundaries, and declaring that they shall not be held void for the reason that such acts affected a senatorial or representative district. Report accepted and committee discharged. J. J. SPEED, Chairman. Mr. Fey moved that the house concur in the amendments made to the section by the committee. Mr. Edwards moved to amend the section as reported by the committee by adding the words "except such invalid acts as have been so declared by the Supreme Court." Which motion did not prevail. The question being on concurring in the amendments made to the section by the committee, The demand was not seconded. The amendments were then concurred in. 97 SEC. 4. The legislature shall provide by law for an enumeration of the in habitants in the year eighteen hundred and eighty-four, and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall re-arrange the senate districts, and apportion anew the representatives among the counties and districts, according to the number of inhabitants. But no re-arrangement of senate districts shall vacate the seat of any senator. sentative districts by any board of supervisors, shall remain unaltered until Each apportionment, and the division into reprethe return of another enumeration. Boundaries of municipalities may be changed by law, but if thereby any territory embraced within a Senatorial or Representative district shall be detached therefrom, elections shall be held for Senator or Representative, as the case may be, in the territory so detached, until the return of another enumeration and apportionment, the same as though such change in boundaries had not been made. No law heretofore enacted making a change in the boundaries of any municipality shall be held void for the reason that the same altered a Senatorial or Representative district. And all such laws are hereby declared to be valid and confirmed. Mr. Climie asked and obtained leave of absence indefinitely, on account of sickness. MOTIONS AND RESOLUTIONS. Mr. Withington offered the following: Resolved (the Senate concurring) That a committee of five on the part of the House, to act with a committee on the part of the Senate, be appointed to draft appropriate resolutions upon the death of the Hon. Charles Sumner; Which was adopted. The Speaker announced as such committee on the part of the House Messrs. Withington, Caplis, Dovel, Edwards, and Striker. Mr. Withington offered the following: WHEREAS, The Legislature of Michigan has heard, with profound sorrow, of the death of the Hon. Charles Sumner, United States Senator from Massachusetts; Resolved (the Senate concurring), That occupying, as he has, a foremost. place in the history of the country, Charles Sumner stands forth in that history a man of grand intellectual power, great learning, and exalted character, whose every labor and almost every thought were devoted to the service of his country. An opponent of slavery from his youth, a champion of freedom, whose standard never for a moment wavered,-a great Statesman whose mind has left its impress upon the legislation and public sentiment of the country and whose record is as clear and spotless as it is conspicuous, we contemplate his career with pride and admiration, and deeply lament its close; Resolved, That a copy of these resolutions be transmitted to the Legislature of Masachusetts. On motion of Mr. Withington, The resolutions were referred to the special committee on the death of the Honorable Charles Sumner. Mr. Remer offered the following: Resolved (the Senate concurring), That a committee of five on the part of the House, to act with a committee on the part of the Senate, be appointed to draft appropriate resolutions on the death of Hon. Millard Fillmore. Mr. Gilmore moved to amend the resolution by adding thereto the name of Hon. Morgan Bates; Which was agreed to. The resolution was then adopted. The Speaker announced as the committee under the resolution, Messrs. Remer, Riply, Harris, Mitchel, and Parker. Mr. Burns moved that the committee of the whole be discharged from the further consideration of Sec. 2, Article XIII.; And that the same be referred to the committee on education, with instructions to insert the words "if accepted," after the word "shall," in line two from the bottom. Mr. Hoyt moved to amend the instructions by striking out all after the word "voting," in line 13, and inserting in lieu thereof the following: "Said board shall perform such duties as shall be prescribed by law." Mr. Van Aken moved to amend the original motion by discharging the committee of the whole from the consideration of the whole of Art. XIII. Which motion did not prevail. Mr. Edwards demanded a division of the question. The question being on discharging the committee of the whole from the further consideration of Sec. 2, Art. XIII., On motion of Mr. Noyes, The motion was laid on the table. On motion of Mr. Bottomly, The House resolved itself as into committee of the whole for the consideration of the proposed Constitution. The Speaker in the chair. PROCEEDINGS IN COMMITTEE. Art. II. being under consideration, The question pending, being to amend Sec. 7 by striking out all after the word "twelve" in line 5. Mr. Shaw moved to amend the section by inserting after the words "verdict by," the words "not less than." Which motion prevailed. Mr. Dovel moved to reconsider the vote by which the committee refused to strike out the word "two" before the word "juror," and insert the word “one” in lieu thereof. Which motion prevailed. The motion to amend the section by inserting the word "one" in lieu of the word "two," then prevailed. The motion to strike out all after the word "twelve" was then withdrawn. Mr. Dovel moved to amend the section by inserting after the word "juror" the words "in case of sickness or death." Which motion did not prevail. The section was then passed. Art. XI. being under consideration, Secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 were passed. Mr. Buell moved to amend Sec. 13, by inserting after the word "organized," in line 1, the words, "or doing business." Which was withdrawn. The section was then passed. Mr. Ripley moved to strike out Sec. 14. Mr. Dovel moved to amend the section by striking out all after the word "company" in line 3. Mr. Withington moved to amend the section by striking out after the word "in" in line 3, to and including the word "of" in line 4, and inserting in lieu thereof the words, "other companies transporting." Pending which, On motion of Mr. Wixson, The committee rose and reported as follows: REPORT OF THE COMMITTEE OF THE WHOLE. The committee of the whole have had under consideration Sec. 7, Art. XIII., and Art. XI., But not having gone through therewith, have directed their chairman to report that fact to the House and ask leave to sit again. Report accepted. On motion of Mr. Cady, Leave was granted the committee to sit again. On motion of Mr. Rose, The House took a recess until 2 o'clock this afternoon. AFTERNOON SESSION. 2 o'clock P. M. The House met and was called to order by the Speaker. Roll called: quorum present. On motion of Mr. Watkins, The House resolved itself as into committee of the whole, for the consideration of the proposed Constitution, The Speaker in the chair. PROCEEDINGS IN COMMITTEE. Art. XI. being under consideration, When the committee rose, the pending questions were, 1. A motion to strike out Sec. 14. 2. A motion to amend the section by striking out all after the word " company," in line 3. 3. A motion to amend the section, by striking out after the word "in," in line 3, to and including the word "of," in line 4, and inserting in lieu thereof the words, "other companies transporting." The motion to amend by striking out and inserting in lines 3 and 4 was withdrawn. The motion to strike out all after the word "company," in line 3, was withdrawn. Mr. Thomas moved to amend Sec. 13 by striking out the word "employe;" Which motion did not prevail. The motion to strike out did not then prevail. The section was then passed. |