Gambar halaman
PDF
ePub

threaten, etc., employes.

tions formed for political purposes, shall pay, give or lend, or authorize to be paid, given or lent, any money belonging to such corporation to any candidate or to any political committee, for the payment of any election expenses whatever. (426) SEC. 15. It shall be unlawful for any employer, Unlawful to either corporation, association, company, firm or person, in paying the salary or wages of any of its, their or his employes, to enclose their pay in pay envelopes, upon which there is written or printed any political notice, device or argument, containing any threat, expressed or implied, intended or calculated to influence the political opinion, views or actions of such employes so paid. Nor shall it be lawful for any employer, either corporation, association, company, firm or person, within ninety days of any election or primary election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office or other establishment or place where its, their or his employes may be working or be present in the course of such employment, any hand bill, notice or placard containing any threat, notice or information that in case any particular ticket or candidate shall be nominated or elected, work in its, their or his place or establishment will cease, in whole or in part, or its, their or his establishment will be closed, or the wages of its, their or his workmen shall be reduced; or any other threats, expressed or implied, intended or calculated to influence the political opinion or act of its, their or his employes.

vertisements

(427) SEC. 16. No publisher of a newspaper or other Newspaper adperiodical shall insert, either in its advertising or reading to be marked columns, any paid matter which is designed or tends to aid, paid. injure or defeat any candidate or political party or organization, or measure before the people, unless it is stated therein that it is a paid advertisement. No person shall pay the owner, editor, publisher or agent of any newspaper or other periodical to induce him to editorially advocate or oppose any candidate for nomination or election, and no such owner, editor, publisher or agent shall accept such payment.

ment, etc.

(428) SEC. 17. If any letter, circular, poster, bill, publi- False statecation or placard shall contain any false statement or charges reflecting on any candidate's character, morality or integrity, the author thereof and every person knowingly assisting in the circulation thereof shall, upon conviction thereof, be subject to the penalties provided for the violation of this act: Provided, That this shall in no wise deprive the injured party Proviso. of any other action for libel given by law.

violation.

(429) SEC. 18. Any person who shall incur any illegal Penalty for election expenses, or otherwise violate any of the provisions of this act, shall upon conviction thereof be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than two years, either or both, at the discretion of the court.

Terms defined.

Proviso.

Unlawful to demand, etc., contribution,

etc.

(430) SEC. 19. Terms used in this act shall be used as follows, unless other meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the law:

"Candidate" shall apply to any person whose name is printed on an official ballot for public office, or whose name has been presented for public office, with his consent, for nomination or election;

"Political committee" or "committee" shall apply to every combination of two or more persons who shall aid or promote the success or defeat of a candidate, or a political party or principle or measure;

"Public office" shall apply to any national, state, county or city ward, village or town office which is filled by the voters of this state, as well as to the office of presidential elector and United States senator;

"Town" shall apply to incorporated towns as well as to townships.

(431) SEC. 20. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed: Provided, That the repeal of such acts or parts of acts, or any of them, shall not be construed to affect any offense committed, or any prosecution or proceeding instituted or pending under the laws so repealed.

(432) SEC. 21. No person or organization shall ask, demand or request of or from any candidate for any public office subsequent to any public announcement of the candidacy for any nomination for such office, any donation, gift or contribution, purchase of tickets, or similar demands. This section shall be held to extend to include religious, charitable, or social organizations or any person working in their be half.

Exciting disturbances, unlawful.

Penalty.

DISTURBANCES.

[Extract from R. S. 1846, Chap. 158.]

(433) § 11709. SEC. 20. If any person shall make or ex cite any disturbance or contention in any tavern, store or grocery, manufacturing establishment, or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, he shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace or police justice, be punished by a fine not exceeding twenty-five dollars and costs of prosecution, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment in the discretion of the court or magistrate.

Am. 1909. Act 211.

Ware v. Judge, 75/495.

CLOSING OF SALOONS.

[Extract from Act 313, P. A. 1887.]

defined.

(434) § 5395. SEC. 17. All saloons, restaurants, bars in Saloons, clostaverns or elsewhere, and all other places, except drug ing of, etc. stores, where any of the liquors mentioned in this act are sold or kept for sale, either at wholesale or retail, shall be closed on the first day of the week, commonly called Sunday, on all general or any regular city, township or village election days, on Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close Time. of the polls, and until seven o'clock of the following morning, and on each week day night from and after the hour of nine o'clock, until seven o'clock of the morning of the succeeding day. It shall be the duty of sheriffs, marshals, constables and police officers to close all saloons, houses or places that shall be found open in violation of the provisions of this section, and to report forthwith all such violations to the prosecuting attorney, whose duty it shall be to immediately prosecute for such violations. The word "closed" in this section shall be "Closed,'' construed to apply to the back door or other entrance, as well as to the front door; and in prosecutions under this section it shall not be necessary to prove that any liquor was sold: Provided, That in all cities, incorporated villages Proviso. and townships of not less than one thousand population, exclusive of villages where there is police protection, the common council, or board of trustees, or council, or township board, may by ordinance allow the saloons and other places where said liquor shall be sold to open at six o'clock in the forenoon and to remain open not later than eleven o'clock in the afternoon and no longer of any week day night, except on general or any regular city, township or village election. days, Decoration day, Thanksgiving day, Labor day, Christmas day, New Year's day, Fourth of July, and on general or local primary election days until after the close of the polls: Provided, That in cities of forty thousand population and Proviso, may over, the council may by ordinance extend the closing hour extend hour. to twelve o'clock midnight. Any person found in the act of Violations. violating any of the provisions of this section shall be deemed guilty of a breach of the peace and punished accordingly; and the arrest therefor may be without process. All officers authorized to make arrests for a breach of the peace shall have like power to make arrests under the provisions of this section as in other cases of a breach of the peace.

Am. 1909, Act 291; 1911, Act 170.

SHALL BE CLOSED: The meaning of the term "closed" is, that the sales at least shall be entirely stopped and the traffic shut off effectually, so that drinking and the conveniences for drinking shall be no longer accessible, and those who frequent saloons for that purpose shall be dispersed.

-Kurtz v. People, 33/281. The person who engages in the business of carrying on a saloon must at his peril see that no necessity exists for keeping the same open, by carrying on any other business therein, which would require the doors to be open, or for persons to enter therein.-People v. Waldvogel, 49/338; People v. Blake, 52/568; People v. Roby, 52/577; People v. Minter, 59/558. A saloon cannot be opened on such a day even for the purpose of cleaning it.-People v. Waldvogel, 49/337; People v. Roby, 52/577; People v. Higgins, 56/163. And if any outsider has access for any purpose, for no matter how short a time, the law is violated.— People v. Higgins, 56/159. A saloon is not closed, so long as it is possible for persons desiring liquor to get in peaceably, by any entrance, or so long as any customer who is inside at the time for closing remains inside; and it is not important that there is no one attending the bar, if the liquor is accessible.-People v. Cummerford, 58/328. In a city which has adopted the primary election system and nominates candidates for local offices on a fixed day, it is a violation of this section to keep saloons open on such day.-People v. Doyle, 160 / 423.

SALOON: Three rooms opened into one another and the rear one had an outer door. A bar in the front room and the back ones were used for card playing and drinking. Between the front and back rooms was a hole in the wall. Held, that the saloon included the three rooms.-People v. Higgins, 56/159. See, also, People v. Scranton, 61/ 244. If a saloonkeeper connects his living rooms with his saloon proper and permits the free passage of customers back and forth, sometimes serving liquors in his living rooms, the whole will be considered a saloon.-People v. Cox, 70/ 247; People v. Talbot, 120/486.

SALE NOT NECESSARY: The purpose of the statute is to prevent the sale of liquors on holidays in any place of resort for refreshments.-People v. Hobson, 48/27. The object is not merely to punish the sale, but to remove the danger that advantage might be taken of the saloon's being open to sell clandestinely what, on other days, is sold openly.-People v. Beller, 73/641. Therefore an actual sale of liquor is not necessary to constitute an opening under the law.-People v. Cummerford, 58/328; People v. Robbins, 70/130; People v. Cox, 70/247; People v. Hughes, 86 / 184.

BREACH OF THE PEACE: The provision allowing officers to close, on their own determination, places of sale and to arrest parties without process as for a breach of the peace, is unconstitutional.-Robison v. Miner, 68/549; People v. Rohrer, 111/ 31.

County treasurer elected

CHAPTER IX.-COUNTY OFFICERS.

ELECTION AND QUALIFICATION.

COUNTY TREASURER.

(435) § 2534. SEC. 35. The county treasurer shall be elected at the general election for the term of two years, and to give bond. shall be incapable of holding the office of county treasurer

for two years;

Office, how supplied in

case of vacancy, etc.

longer than four in any period of six years. He shall give a bond for the faithful and proper discharge of the duties of his office as hereinafter directed.

Rice v. Shay, 43/380.

(436) § 2537. SEC. 38. In case the office of county treasurer shall become vacant, or in case the treasurer, from any cause, shall be incapable of discharging the duties of his office, the board of supervisors may, if in their opinion the interests of the county require it, by writing under their hands, select a suitable person to perform the duties of the treasurer; and such person so selected, upon giving such bond for the faithful performance of the duties of the office as the said board shall direct, may perform such duties until such vacancy shall be filled, or such disability be removed.

Hunt v. Buhrer, 133/115.

(437) § 2538.

SEC. 39. No person holding the office of Who not to prosecuting attorney, judge of a county court, county clerk, be treasurer. supervisor, or sheriff, shall hold the office of county treas

urer.

JUDGE OF PROBATE.

probate,

(438) § 2549. SEC. 51. The judge of probate for each Judge of organized county shall be elected at the general election for election of. the term of four years and shall have possession of the seal, records, books, files and papers belonging to the court of probate, and shall keep a record of all orders, decrees and other official acts made or done by him, which records may be inspected by all persons interested without charge. In Additional judges. counties having two hundred fifty thousand inhabitants there shall be two judges of probate and in counties having five hundred thousand inhabitants there shall be three judges of probate who shall be elected as hereinafter provided. They shall have equal powers, duties and compensation, ex- Powers, etc. cept that the power of appointment, nomination and removal of the several employes provided by law for such court and the offices connected therewith, and the general direction and control of the business of such court, including the division of the work between the judges, shall be vested in the judge having served for the longest period continuously. Whenever the United States census shall show that any Vacancy, county has two hundred fifty thousand inhabitants and it has how filled, but one judge of probate, the additional office first herein etc. provided for shall be deemed to be created and vacant and whenever the United States census shall show that any county has five hundred thousand inhabitants the additional office next herein provided for shall be deemed to be created and vacant, which vacancy or vacancies shall be filled by appointment of the governor and the person so appointed shall hold office until his successor is elected and qualified. At the next general election a successor to such officer shall be elected who shall hold office until his successor shall be elected at the next alternate biennial election provided for in section fourteen of article seven of the constitution, and shall have qualified.

Am. 1909, Act 43; 1913, Act 86.

Election to fill vacancy in office of.-Secord v. Foutch, 44/89; People v. Palmer, 91 / 283.

Probate judges are in no sense county officers.-Douvielle v. Manistee Supervisors, 40/585.

what deemed,

COUNTY CLERKS.

of office, and

(439) § 2570. SEC. 61. The county clerk in each organ Election, term ized county shall be elected at the general election, for the bond. term of two years, and shall give a bond to the people of the state, in the penal sum of two thousand dollars, to be approved by the circuit judge, for the faithful discharge of the duties of his office.

« SebelumnyaLanjutkan »