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Wayne, (Mr. MOCLELLAND,) as there is the members of the Legislature would Mr. DANIELLS. I hope that the in this section? If there is no danger have a decided advantage over them amendment of the gentleman from of corrupt influences in allowing mem- in getting the public pap. For in- Lenawee, (Mr. STOCKWELL,) will prevail. bers to become candidates for office, stance, there are a dozen or more As the gentleman from Lenawee says, when they themselves are the electors, offices to be filled, and there are a bun- I think the section, as reported by the would there be any danger in their re- dred or more men in the Legislature committee, if adopted, would merely ceiving the fees and emoluments of to fill them. Now, by a little log-roll- destroy our district system. All of us any office which might have been in- ing, some of these men, through their who have been in the habit of attendcreased during the time they were position in the Legislature, may get a ing to political organizations, know members of the Legislature? Yet chance to obtain all these offices, and that the centre of these organizations that is a restriction provided in this perhaps jostle out of the way men naturally gravitates towards the county section. They might not have voted whose talents and virtue are equal to seat. The men about the county seat, to increase those fees or emoluments; those who jostle them. To say the who look for these things, will lay their they might be entirely innocent of any- least of it, the possession of a place in plans to be nominated for representathing of the kind. Yet this section the Legislature would give a man a de- tives of the county, if the section as rerestricts them from holding any office, cided advantage over any one outside ported should be adopted. It seems the fees and emoluments of which of the Legislature. Now, we do not to me that it will invite political intrigue have been increased during their tèrm want to turn the legislative halls into a and legerdemain to be practiced out of of office, or any office created during pandemonium for the struggles of the district where a man happens to their term. It seems to me there is office-seekers. We want to have the live. In a large county, like Oakland just as much reason to carry the re- Legislature kept as pure as possible, for instance, where there are four repstriction as far as proposed by the so that its action will be pure, and the resentative districts, the four members amendment of the gentleman from people will reap the benefits to flow to be elected might all be chosen from Wayne, as to adopt the restrictions from a pure fountain. But, if it is.to Pontiac, the county seat; and in the already contained in the section. Per- be corrupt and made as it were a po- county where I reside the members for haps I do not get a correct view of the litical brothel, then we may say good the districts composing the county whole question. But as I look at it, bye to the liberties of this country, might be elected from St. Johns. It from the stand-point which I occupy, and to the interests of the public in seems to me that we should lose all the it seems to me there is just as much connection with that liberty.
virtue of the separate district system if reason for the amendment, as there is The question was taken upon the we should adopt the section as reporfor the provision already contained in amendment of Mr. McCLELLAND, but ted. I hope, therefore, that the amendthe section.
upon a division, ayes 13, noes not ment will prevail. I was astonished The question was then taken upon counted, it was not agreed to.
when I saw the section as reported by the amendment of Mr. CROSWELL to Mr. STOCKWELL. I move to the committee. I do not see why we the amendment of Mr. McCLELLAND, amend this section by striking out the may not just as well adopt the old and it was not agreed to.
words "some county embraced in;" county system and throw away the disThe question again recurred upon also the words “or of which said dis- trict system entirely, as: to pretend to the amendment of Mr. McCLELLAND. triet shall be a part;" also, the words, adopt this district system, and then not
Mr. BURTCH. If I am right I think “county or the counties comprising require the representative of each dismy friend from St. Clair, (Mr. CONGER,) his.” If that amendment is adopted, trict to reside in the district he repwished some gentleman to show a then that portion of the section will resents. reason why the amendment proposed read:"Every senator and representa- Mr. CONGER. The provision in by the gentleman from Wayne, (Mr. tive shall be a citizen of the United the present Constitution in regard to MCCLELLAND,) should be adopted. To States, and a qualified elector of the this matter is as follows: “Senators my mind there is a cogent reason in district he represents. A removal and Representatives shall be citizens favor of that amendment. Wisdom is from his district shall be deemed a va- of the United States, and qualified said to be the better part of valor. cation of his office.”
electors in the respective counties and While we are making our laws, if they If I understand correctly the section districts which they represent. A reare contrived with wisdom, the people as reported by the committee, it does moval from their respective counties will reap a much greater benefit not require a representative to reside or districts shall be deemed a vacation from them, than if they
than if they were in the district which he may be chosen of their office. made without regard to wisdom. If to represent; but, if he is a resident of This is not a matter which the comwe leave this matter open, so that the county embracing that district, he mittee thought of any particular im members of the Legislature can hold may be elected to represent the district, portance. The members of the comany office by appointment or otherwise, although he lives outside of it. For mittee disagreed somewhat among instead of engaging in their legitimate instance, a county is divided into two themselves in regard to this matter, business as legislators, they will begin or more representative districts; ac- but finally adopted the form which has to weave their political webs, so as to cording to this section, all the mem- been reported to the Convention. The catch for their special use the flesh-bers for the districts in that county section as reported by the committee pots of the State, so as to get in their may live in one of those districts. provides as follows: mouths the public pap, in order to get This does not meet my view; and I
"Every Senator and Representative shall fat at the expense of the people. Now, am certain it will not meet the views be a citizen of the United States, and a qualithere are a great many who want pap. of the constituency which I have the fied elector of soine county embraced in the I apprehend there are outside of the honor to represent on this floor. It district he represents, or of which said dis
A removal from his Legislature those who are just as good seems to me that if the section re-county, or the counties comprising his dissuckers, and want as much pap as ported by the committee should be trict
, shall be deemed a vacation of his those who are in the Legislature. But adopted, it would destroy all, or nearly
office.” they cannot be accommodated if the all, that we hope to gain by our dis- To say that he shall reside in the members of the Legislature are allowed trict system. I therefore hope that county embraced in the district he repto hold these offices. In that case my amendment will prevail.
resents, is the same as saying that he
shall be a qualified elector of his dis- require some candidate' who has been ticket for the county. For that reason trict, or of the same county of which nominated for a district to remove into I hope that the amendment will presaid district shall be a part. The only the district and take up his residence vail
. reason that I know for putting in this there ten days before election.
Mr. COOLIDGE. I fail to see the provision was, that in a change of rep- I thought the gentleman from Clin- force of the objection made to the secresentative districts, it might so hap- ton (Mr. DANIELLS) meant to be a little tion as it now stands. I may be wrong pen, in a county having two represen- facetious when he suggested that all in my understanding of that section. tatives, that a change of a single town the virtue of the rural districts, finding It provides that every senator and from one district to another, would that it could get into the Legislature representative shall be a citizen of the change the location of one of the rep- better from the county seat, would re- United States, and a qualified elector resentatives who was then holding a move to that county seat, and thus of some county embraced in the disseat in the Legislature, and put him leave the country districts without any trict he represents. Now, if I underin a district which he did not immedi- virtue. If there is any danger of that, stand that language, a representative ately represent. Yet the people of his I hope these words will be stricken out. may be chosen from a district comparticular district might desire to Still, these words might be of use in prising more than one county, but he reëlect him to the Legislature, for their some cases hereafter, should it so hap- must be a resident of one of the own local purposes, considering him pen that some district of the city of counties embraced in that district; the best man to continue the efforts he Detroit should be, to use an expression that is, he must reside in the district had begun for their advantage. The of one of the gentlemen from Kent, which he is elected to represent. The committee were of the opinion that, (Mr. FERRIS,) the other day, in oppo- language of the section, it is true, is with the jealousy existing between the sing an amendment which was offered not remarkably clear. But I submit candidates in a district, unless in such here, so much “scum” that it would that if I am correct in my understanda case as that to which I have referred, be advisable for them to go outside of ing of the section upon a close examit was not probable that any person the district to get a proper man to ination of it, it will be found that the would be selected out of the district. represent them. If there should be objection to it is not well taken. He But in the case I have mentioned, any part of the State with such a must reside in the district for which where a representative might have had populationI do not say it ever will he was chosen; you cannot make it in charge some particular matter not be so-but if it should be that they plainer than that. If I understand yet settled by the Legislature, the peo- could not find in their district any the language, it contemplates that ple might desire to have the same men honorable and virtuous man who there may be two or more counties in continue to represent them. Perhaps would make them a good and credita- one district. If so, all that is required it was for that reason that this provis- ble and virtuous representative, should of the representative is that he shall ion was made.
they be compelled to demoralize and reside in some county within that disFor myself I have no choice in the disgrace themselves and the Legisla- trict; he cannot be selected from any matter at all. I have never yet been ture by sending one of their number county outside of that district. If the acquainted with a district in this State, here? Why not let them go outside district comprises but one county, then where I thought the people would go a of their district to get a virtuous and he must reside in that district and great way out of it to find a man to proper man, unless, indeed, all the county. “Some county embraced in represent them. But I would be wil virtue of the county will go to the the district he represents;" therefore ling to allow them to do so if they county seat, if it cannot get to the he must be selected from the district should choose. I do not myself con- Legislature in any other way? he represents. sider it very material either way. I see Mr. BILLS. Why do we propose
Mr. BILLS. Will the gentleman no particular objection to the section to adopt the system of electing repre-allow me to ask him a question? as it stands; no danger of encroaching sentatives by separate representative Mr. COOLIDGE. Yes, sir. upon the rights of any district. But districts? Why not elect the entire Mr. BILLS. Would there be any it might happen, it has happened in one hundred members of the House of possible doubt about the matter if, inone or two instances, that men have Representatives by a general State stead of using the term "county" here, been thrown out of their district by a ticket, making our selections from any we use the term " district ?" change in the township lines. Under county, or part of the State we please ?
Mr. COOLIDGE. No, sir. the present practice, although their I understand the object of the single Mr. BILLS. There seems to be a former constituents might desire to district system to be this: that each doubt, now, in the minds of some have them represent them for another district shall have its own representa-, members, at least. term, they could not do so. I have no tive. I see no reason for adopting a
Mr. COOLIDGE. I am speaking choice whether this section remains as constitutional provison which shall vio- of the strict construction of the lanit is, or is amended as proposed. It has late that principle. It seems to me, gauage of this section. I submit that no local application to any part of the therefore, that if we adopt the prinei- nothing more can be made out of it State which I represent here.
ple of electing representatives by single than what I have stated; therefore the Mr. LOVELL. I can see no cause districts, we should carry out that pur- objection to the section is not well for striking out the words proposed to pose altogether. Although it might in taken. Whether the language is the be stricken out by the amendment of the very rare cases be the desire of the best that can be chosen, is another gentleman from Lenawee, (Mr. STOCK- people, if allowed to do so, to go out-thing. I am saying that the objection WELL.)
As the chairman of the com- side of their district to select a person is not good, because no other construcmittee has very well remarked, the to represent them in the Legislature, tion can be given to this language. constituents of every district will in all still the Constitution in that respect The section reads, “ some county emprobability, in nine thousand nine hun- should be symmetrical and harmoni- braced in the district he represents, dred and ninety-nine cases out of every ous. We should carry out the purpose or of which that district shall be a part. ten thousand, select as their represen- for which the single district system was Now, if it is desired to change the tative some one residing in their dis- adopted, and not in any way vary that phraseology of this section, I have no trict. Andif we strike out those words, system by adopting a provision which objection. But I submit that the lanthen in the ten thousandth case it might would résult practically in a general guage cannot be made to mean what the
mover of the amendment seemed to one town or village in the county; and by general ticket? But if we are goindicate.
they might also be taken from differ- ing to have a representation by disMr. STOCKWELL. Will the gen- ent parts of the county.
tricts, then let us have that. I do not tleman' allow me to ask him a question Mr. CONGER. That is the under- suppose that all the intelligence in the before he takes his seat?
standing of the committee. I thought counties is collected at the county seat, Mr. COOLIDGE. Yes, sir.
that in my remarks some time ago I though in many cases it may be so. Mr. STOCKWELL. What does the explained sufficiently what the inten- Still we have supervisors who do not gentleman say in regard to the case of tion and understanding of the com- reside at the county seat, and as gena county which embraces two or more mittee were. If there are two, or tleman here well know, supervisors are districts? Would not this section per- three, or four representative districts a superior body of men. So I think mit any person in the county to repre- in a county, this section would un- that the rural districts may be allowed sent either of those districts ?
doubtedly authorize the election of all to get along without being obliged to Mr. COOLIDGE. There are two the representatives for the county from go to the county seat for their reprethings here.
If a district. embraces any district in that county, because any sentatives. more than one county, the individual one district would be a part of the Mr. WILLIAMS. I desire to protest must reside in the district he repre-county in which that district was against some things in this section. It sents. The second refers to a county situated. As I said before, the " embracing more than one district, and reason for this provision was, not the district he represents." Now, I do not he must be a resident of the county of expectation that any district" would want the county of Clinton to be emwhich the district shall be a part. choose to go outside of its own limits, braced in any other district, because I
Mr. THOMPSON. I have but a but that the people of a district might do not think my friend near me, (Mr. brief suggestion to make, and will give have an opportunity, in case of a WALKER,) would vote as his colleague a single illustration. Take the county change of the boundary lines of a dis- might desire him to vote. And I do of Lenawee, which is divided into two trict, to choose a person outside of not know how you could embrace other districts; the dividing line between the that district who had formerly repre- counties in these districts. I do not districts runs through the city of sented them, and whose residence be- know how you would embrace the Adrian. The two representatives in fore the change was within the limits county of Lenawee, which has five repthe Legislature from those two districts of that district. As I said, I have no resentative districts, in one of these might both reside in the same county, choice in this matter one way or the districts. and according to this section, might other.
Mr. LAWRENCE. - I must confess both live upon one side of the dividing I do not think, however, that it in- that I do not understand this section line, and yet represent different dis-, fringes at all upon the principles of the as I did at the commencement of this tricts. It seems to me very clear, that single district representative system. discussion, for the reason that I have under this section a man might reside The nomination is by the district; the since looked it over more closely. I in the county, and yet not reside in the election is by the district. Each dis- do not see the necessity of any amenddistrict which he is elected to represent. trict is set apart by itself, and the elec- ment here, even if we wish to retain the If the district comprised an entire tors of that district alone have the choice separate district system. This section county, or several counties, then the of the person to represent it. The view reads: "Every senator and represenrepresentative from that district would taken by the gentleman from Lenawee, tative shall be a citizen of the United have to live in the district. But sup- (Mr. STOCKWELL,) who introduced this States, and a qualified elector of some posing that there were four districts amendment, is the correct view of this county embraced in the district he repcornering in the city of Adrian; the section. Whether it be adopted or resents.” That means that if he is a four representatives might all live in not, I consider very immaterial practi- senator representing more than one one corner of Adrian, and yet repre-cally. I have no preference upon the county, he must be a resident of one of sent those four districts. I am, there- subject, and I do not know that any those counties, or if he is a representafore, decidedly in favor of the amend- member of the committee has.
tive he must be a résident of the same ment proposed by the gentleman from Mr. DANIELLS. There has been county of which said district shall be & Lenawee, (Mr. STOCKWELL.
one argument used here, which shows part. If he is chosen to represent a Mr. MUSSEY. I do not wish to to me most conclusively that this part of the county, then he must be a take up the time of the Convention in amendment should prevail; that is the resident of that portion of the county discussing this subject; but I must argument of the gentleman from Gen- which comprises his district. say that I understand this section dif- esee, (Mr. LOVELL.) “He conceives that Mr. THOMPSON. The chairman ferently from the explanation given by there may be a rural district that has of the committee on the legislative dethe gentleman from Berrien (Mr. Cool- not a man in it fit to make a proper partment does not seem to think so. IDGE.) And for the purpose of being representative of the interests of that Mr. LAWRENCE. I cannot help set right in this matter, I wish to ask district in the Legislature. But he that; that does not change the meaning the chairman of the committee who says he does not doubt that they could of the section at all. I think this secreported this article, (Mr. CONGER,) if get a proper man at the county seat. tion is as plain as it can be made. it was not the intention, and if they Mr. LOVELL. Will the gentleman Mr. HENDERSON. If there is anydid not understand, that as the section allow me to interrupt him for a mo- thing in this section as now worded, now reads, the representative from the ment?
which is at all ambiguous, and there is district might live anywhere in the Mr. DANIELLS. I hope that the any real ground for the difference of county, in which that district was sit- gentleman will not do it just now, be- opinion which has been expressed here, uated? Take the county of St. Clair, cause I am very easily interrupted. then I think the section should be refor instance, or the county of Macomb; The gentleman from Lenawee, (Mr. lieved of that ambiguity. It seems to each of these counties has three mem- Bills,) has expressed my sentiments me that the section is perfectly plain. bers of the House of Representatives. exactly. If we are going to do away. I think the remarks. made here have Under this section, it seems to me, with the district system, then why not been based upon the supposition that that all three members from either of have a general State system, and elect the counties are to determine whether those counties, might be taken from our representatives, all over the State, the representative shall be elected from
any portion of the county, and not that had a single representative district of the city of Detroit, where we know each district shall elect them. I appre- system, yet each district acting inde- that there are a great many persons hend the committee did not intend to pendently of all the other districts, who object to coming to the Legislatake away from the several districts was allowed to go anywhere within the ture, could go outside of their districts the privilege of choice which they now range of the entire State to choose its and select persons for that purpose. possess. It is left optional with every delegate; but whether any district And the people of any single district district, senatorial or representative, to availed itself of that privilege or not of Detroit might, by just crossing the select its representative from within its I cannot say. But certainly if there street, find some one to represent them, own limits. If in a representative dis- was no restriction in reference to the who would do better than any one trist the people desire to choose some election of delegates to this Conven- within their limits, especially when man who may be the champion of some tion, there would be no restriction there would be no local interests inparticular interest, in which they are here, because the rights of each dis- volved. I do not see why we cannot largely interested, they can go out of trict are enlarged, and it is given the trust the districts to look after their their district to choose that man. This right to go beyond its own limits to se- own interests in this matter. first clause of the section has reference lect the person to represent it. So far Mr. FERRIS. I suppose no one on to the northern and newer counties, as we can determine from the results, this floor is afraid to trust the people where, for the election of one member as shown in this Convention, that sys- in any particular. Whatever we do in to the lower house, two or more coun- tem would work well. It certainly this matter here, in making a Constities are united together. In that event, brought together a fine body of men tution, we ought to be systematic. If he is to be a resident of one of those here. I cannot see, so far, that any- the proposition is to open a door so as counties. But in the older counties, thing has worked badly under that to permit the people of any district to if any subdivision of a county forming system.
elect to the Legislature a person from a district sees fit to elect as its repre- In regard to the proper construction any part of the State, because they besentative a citizen of another district, to be given to the language of this sec- lieve either that he is more capable or they can do so; but they cannot go be- tion, † must say that I do not think will more fully represent them, then yond the limits of the county for that the gentleman from Berrien, (Mr. Cool- that is one thing. If the idea is to purpose. It is for them to determine IDGE,) has given it as much attention confine the election of the persons to that matter for themselves. There is as he may have supposed, when he the residents of the districts that they no liberty of choice taken from them; commenced his remarks; I do not think represent, that is another thing. on the contrary a larger choice is he had read the entire provision in ref- There are some advocates of the forgranted to them. I do not, however, erence to this matter. As I said before, mer theory; wise men have advocated think there ever will arise a case where the provision of this section is substan- the idea that the choice of persons to the electors of any district will avail tially the provision contained in the represent any district, either in Conthemselves of this new privilege. I law calling this Convention together. gress or in the Legislature, should not think it will be a great while before I never heard that there could be more be confined to the districts they repthat will be done. I think the danger than one construction put upon that resent. I do not understand that it is is one about which we need have no law; and I do not believe that more the purpose of this committee to inapprehension.
than one construction can be put upon corporate any such idea as that in this Mr. SHELDON. I do not know that this section. I am in favor of this sec- Constitution; but, on the other hand, I exactly understand the position of this, tion as it is.
as a general rule, to confine the selecquestion. It seems to me there is Mr. BURTCH. I move to amend tion of the representatives to the resisomething beyond what we can see this section by striking out the words dents of the districts represented. If 'here. There seems to be a misunder- "some county embraced in."
that be so, then let us abide by the standing about the meaning of the The CHAIRMAN. That is a part rule throughout, so that all the parts language of this section. It looks to of the amendment already pending be- of our Constitution may be consistent me just like this: that in the county of fore the committee, and offered by the and harmonious. Lenawee, for instance, the people of gentleman from Lenawee, (Mr. STOCK- So far as I have watched the debate Adrian with their great influence WELL.)
upon the amendment under considerawould be able to control all the smaller Mr. MORTON. I do not see any tion, some of the friends of the section, town's, so that the representatives and impropriety in allowing the people of as reported to us by the committee, senators from the districts embraced in a district to nominate a candidate re- claim that it substantially represents that county might all be taken from siding in the adjoining district, if, as is the same idea which is embraced in the city of Adrian. If that is the mean- the case in some districts, they have no the pending amendment. Others again ing, or effect, of this section, I am de- men who would run for the Legisla- claim that it does not present the same cidely opposed to it: I think it is all ture, that they desire to elect. We have idea, but opens the door a little wider, wrong. And I cannot see why, and I had men in our Legislature who would so that the selection may be made cannot see how, the committee came not remain here three weeks of the ses- anywhere in the county. I am not to report such a section. I hope there- sion; they were nominated and elected going to enter into the discussion of fore that the amendment of my col- when they were not at home. Now I the merits of this proposition. But we league, (Mr. STOCKWELL,) will prevail
. would allow the people of any district have adopted the district system as the Mr. BARBER. I think that per- to go out of the district, and take up principal idea. . My own individual haps the chairman of the committee any one they might think proper to preference is very strongly in faon the legislative department (Mr. represent them in the Legislature. I vor of confining the selection of CONGER) forgot to mention one reason think no harm would result from such members of the Legislature to the for the committee reporting this section a provision, and there might be good districts in which they reside. I am in its present form. I think they did come from it. If there is a clause in inclined to favor the amendment, so, following the precedent set by the the Constitution, allowing the people if for no other reason than because it Legislature in providing for the elec- of a district to nominate and elect for makes this section perfectly clear. If tion of delegates to this Convention. their representative some person out of we adopt the amendment, then it will It will be recollected that although we the district, then, perhaps the people be impossible to mistake the meaning
of the section. As the section now cient importance to require their con- schools, or prosecuting attorney, shall be alstands, it is perfectly apparent to this firmation by the Senate of the United lowed to take or hold a seat in either house
of the Legislature.” committee, that it is capable of two States. It was not intended to exclude constructions, because the friends of inferior officers, although they might the original section by striking out the
Mr. RICHMOND, I move to amend the section have argued in favor of re- be called United States officers, be- the original section by striking out the taining the section as it is; some be- cause the committee did not deem words " allowed to take," and ins ting cause it was different from the amend them of sufficient importance to en
the words “elligible to;" so that it will ment, and others because it was just danger the legislation of the State
, read," shall be elligible to or hold a the same as the amendment. What- even if they were allowed to be mem
seat in either house of the Legislaever we put into the Constitution Ibers of the Legislature. It was sug- ture;" also to add to the section, and think should be capable of but one gested that there are certain postoffices all. votes given for any such person construction. I favor the amendment in this State, some four or five of them, because I think it will make the mean- requiring appointments to them to be
From the reading of this section, ing of the section clear and specific. confirmed by the Senate of the United and from the explanation given by the
The question was then taken upon States, such as the postoffice at Detroit, gentleman from St. Clair, (Mr. CONGER,) the amendment of Mr. Stockwell, and and perhaps two or three others. The I apprehend the language used in the upon a division-ayes 28, noes 24, it chief assessors and collectors of the section, will not secure the object for was agreed to. United States are required to be con
which it was intended. A person may No further amendment was offered firmed by the Senate of the United hold an office and be elected to a seat to the section. States.
in the Legislature. After the election The next section was read as follows: Mr. MOCLELLAND. The difficulty has been held, he can resign his first SECTION 6. No person holding any elective with me was to tell exactly what this office and take his seat in the LegislaState office, except that of regent of the section meant from reading it over. It ture. I suppose the intention of the University, or member of the board of edu: says in making the exceptions of the committee was to make all these perjudge, county clerk, register of deeds, county persons prohibited from holding seats sons inelligible to be elected, or to treasurer, sheriff, county superintendent of in the Legislature, "except that of re- hold the seat. If the amendment I to which he was appointed by the President gent of the University or member of have offered is adopted, I think the of the United States, by and with the advice the board of education, or holding the object intended to be accomplished by and consent of the Senate, shall be allowed office of probate judge, county clerk," the committee, will be secured. to take and hold a seat in either House of the etc., or any office to which he was
Mr. HOLT. I have an amendment Legislature.
appointed by the President of the which I think will accomplish all that Mr. MOCLELLAND. I would in- United States," etc.
is desired. I would move to strike out quire of the chairman of the commit- Mr. CONGER. If the language is the word “or," after the words - board tee who reported this section, (Mr. imperfect then it can be amended. of education," and insert the words CONGER,) whether the object of the Mr. GIDDINGS. It would seem
Gand no person. The section will committee was to allow any United from the reading of this section, that then read: “No person holding any States officer in the State of Michigan all these officers were excluded from elective State office, except that of to be elected to the Legislature? As holding office in the Legislature, ex- regent of the University, or member of I understand this section, all those cept regents of the University and the board of education, and no person officers are exempted from the opera- members of the board of education. I holding the office of probate judge, tion of it; hence, all the United States have read the section over several county clerk, etc., shall be allowed to officers, from the judges of the differ- times, and I supposed that all these per- take or hold a seat in either house of ent United States courts, all the way sons were ineligible to the Legislature; the Legislature. down to deputy assessors and inspect- I think so now.
The CHAIRMAN. The amendment ors, can be elected to the Legislature. Mr. CONGER. It does not seem of the gentleman from Muskegon, (Mr.
Mr. CONGER. I can only say, in to me that there can be any uncertain Holt,) is not properly an amendment answer to the gentleman, what the in- ty about the meaning of this section, to the amendment of the gentleman tention of the committee was. It has because there are no State officers ex- from Washtenaw, (Mr. RICHMOND.) It been suggested by some gentleman cepted but the regents of the Univer- will be received and held in abeyance, that there is a little imperfection in the sity and the members of the board of till the amendment of the gentleman lauguage employed in this section. education. The gentleman from Ma- from Washtenaw is disposed of. The intention of the committee was to comb, (Mr. MussEY,) has suggested Mr. COOLIDGE. I have looked at provide that no person holding any that there was some uncertainty about this section somewhat carefully, and I elective office in this State except re- this section. If he has an amendment submit that no different construction gent of the University, or members of to offer, I hope he will offer it. can be given to it than that indicated the board of education, should hold Mr. MUSSEY. any gentleman by the gentleman from St. Clair, (Mr. & seat in either house of the Legisla-, is anxious to get the floor to offer a CONGER.) It will be perceived that it ture; and that no person holding the better amendment than the one I de- commences, no person holding any office of probate judge, county clerk, sire to offer, then I will yield to him. elective State office;" then follows the register of deeds, county treasurer, I have transposed this section some exceptions, “ except that of regent of sheriff
, county superintendent of what so as to make the meaning clear. the University or member of the board schools, prosecuting attorney, or any I will offer as a substitute for the sec- of education.". Then follows the partioffice to which he was appointed by the tion the following:
ciple "holding," being the same that is President of the United States, by and “No person holding any office to which he used at the beginning of the section in with the consent of the Senate of the was appointed by the President of the the clause, “no person holding,” etc. United States, should be allowed to United Statesboy and with the advice and The section goes on, or holding take or hold a seat in either house of office, except that of regent of the Univer- office of probate judge, county clerk," the Legislature. The object was to sity, or member of the board of education, etc., of course meaning no person holdexclude simply those persons holding judge, connty clerk, register at deeds, county ing the office of probate judge, county office under the United States of suffi- treasurer, sheriff, county superintendent of clerk, etc. I think the section is correct