7

Twelfth. Changing the law of descent;

Thirteenth. Granting to any corporation, association or individual, any special or exclusive privilege, immunity or franchise whatever;

Fourteenth. Declaring any named person of age;

Fifteenth. Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of his official duties;

Sixteenth. Punishing crimes or misdemeanors;

Seventeenth. Adopting, by any person, any named person as his child or heir. Eighteenth. Vacating or altering any road laid out by commissioners of highways, or any street, alley or public ground in any city or village, or in any recorded town plat; or for altering the boundaries of any school district, for building or repairing bridges, or for draining swamp or other low lands, except by expenditure of grants to the State;

Nineteenth. Exempting any property from taxation. The Legislature shall provide by general laws for the cases enumerated in this section, and for all other cases which, in its judgment, may be provided for by general laws. SEC. 23. The Legislature shall not establish a State paper.

SEC. 24. The Legislature may authorize the employment of a chaplain for the State prison.

SEC. 25. No collector, holder or disburser of public moneys, shall have a seat in the Legislature or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.

SEC. 26. The Legislature shall not audit or allow any private claim or account. SEC. 27. The Legislature shall meet at the seat of government on the first Wednesday in January, in the year eighteen hundred and seventy-five, and on the first Wednesday in January in every second year thereafter, and at no other place or time unless as provided in this constitution, and shall adjourn without day at such time as the Legislature shall fix by concurrent resolution.

SEC. 28. The Legislature, on the day of final adjournment, shall adjourn at twelve o'clock at noon.

SEC. 29. The election of senators and representatives pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, in the year eighteen hundred and seventy-six, and on the Tuesday succeeding the first Monday of November of every second year thereafter.

SEC. 30. The Legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.

SEC. 31. The Legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution.

SEC. 32. The Legislature may confer upon organized townships, incorporated cities and villages, and upon the board of supervisors of the several counties, such powers of a local, legislative and administrative character as it may deem. proper.

SEC. 33. The Legislature shall not authorize any lottery, or permit the sale of lottery tickets.

SEC. 34. No money shall be appropriated or drawn from the treasury of

this State, or of any municipal corporation, for the benefit of any religious sect or society, theological or religious seminary, or school under private or denominational control, nor shall property belonging to the State or any municipal corporation be appropriated for any such purpose.

SEC. 35. The assent of two-thirds of the members elected to each house of the Legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.

SEC. 36. The Legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits or other intoxicating liquors.

SEC. 37. The Legislature shall provide by law for an enumeration of the inhabitants of the State in the year eighteen hundred and eighty-four, and every ten years thereafter, and for the collection of such general statistics and information as shall be deemed necessary.

SEC. 38. The style of the laws shall be: "The People of the State of Michigan enact."

NOTE.-Section 2 of this article provides for thirty-three senators, to be chosen for four years. The present senate consists of thirty-two members, who are elected for two years. Sections 3 and 4 embody the general provisions of the corresponding sections of the present constitution, with some changes of arrangement. Section 3 fixes the number of representatives definitely at one hundred and ten. The present constitution makes the house to "consist of not less than sixty-four, nor more than one hundred members," the number now being fixed by law at one hundred. Counties having one-third of a ratio, are allowed a representative-by the present constitution nothing less than a moiety of the ratio, entitles to a representative. The provision is framed with reference to the more rapid growth of the newer counties. The provision of the present constitution against the division of cities in the formation of representative districts, is changed so as to read that "no ward or township" shall be so divided. All that part of section 4 commencing with the word "Boundaries," after the words "representative district," is new. The intervening sections to and including section 12 have some changes of phraseology. Section 13 embodies the provisions of sections 13 and 28 of the present constitution, and that portion of section 15 which restricts legislation at extra sessions to subjects submitted by the governor. It also has a new provision permitting the introduction of bills after fifty days at regular sessions on recommendation of the governor. Sections 14 and 18 (14 and 19 of present constitution) are changed so as to place bills and joint resolutions, and concurrent resolutions appropriating money or property, on the same footing. By section 15 the compensation of members is made four dollars per day, instead of three, as now, and the clause limiting the pay to twenty days at extra sessions, is omitted. Section 17 (18 present constitution) is somewhat changed in phraseology, and has added in the first clause the words, "or be eligible to any office which shall have been created or the emoluments of which shall have been increased by the legislature of which he is a member." The words, "municipal corporation," are also added in the last clause in place of the word "county." Section 19 embodies the provisions of sections 20 and 25 of the present constitution, the words, "such vote to be taken by yeas and nays if demanded by any member," at the end of the section, being new. Section 21 has some slight changes of phraseology, and has added at the end of the section, the words, "or any contract with the state. Section 22 is a new section, although some of its provisions are covered by sections 23 and 26 of article IV of the present constitution. The constitutional commission, in their report to the governor, say with reference to this section: "The restrictions proposed by some of the subdivisions of this section are now embodied in the constitution. Others of them are already covered by general laws. They are all found in some one or other of the constitutions of the states. It is believed that the adoption of these restrictions will reduce the length and expense of legislative sessions fully one-third, as well as be a safeguard against much hasty, corrupt and partial legislation. The words, "but no money shall be appropriated for the payment of any religious services in either house of the legislature," are omitted from section 24. Sections 27 and 29, corresponding to sections 33 and 34 of the present constitution, are changed in phraseology, to adapt them to the change of time. Section 34, (section 40 present constitution,) has added the words, "or school under private or denominational control," and is further made applicable to municipal corporations. Section 37 covers the ground of the first clause of section 4 of the present constitution, but the last clause relative to the collection of statistics, etc.,

is new.

The numbering of the sections of the amended article does not correspond in all cases to those of the present constitution, owing to the omission, reconstruction, and transposition of sections. Corresponding references are given, however, in all cases deemed important. The language of sections 8, 11, 12, 16, 20, 23, 25, 26, 28, 30, 31, 32, 33, 35, 36 and 38, is unchanged from what it is in the present constitution. Section 16 of the corresponding article of the present constitution relative to postage, is omitted as obsolete, as all postage is now required to be paid in advance. Section 29, permitting compensation only to the person who may be declared entitled to the seat in case of a contested election, is also omitted. That part of section 35 which allows fifteen dollars to newspapers publishing the general laws of a session, is omitted as absurd in itself, from the smallness of the compensation offered. Under section 30 of this amended article, which requires the legislature to provide for the speedy publication of all statute laws of a public nature, the legislature may provide adequate compensation to newspapers for publishing such laws as they may direct. Sections 39, 41, 42, 43, 44, and 46, of the present article, are embodied in the Bill of Rights.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SECTION 1. The executive power is vested in a Governor, who shall hold his office for two years. A Lieutenant Governor shall be chosen for the same

term.

SEC. 2. No person shall be eligible to the office of Governor or Lieutenant Governor who has not been five years a citizen of the United States, a resident of this State two years next preceding his election, and attained the age of thirty years.

SEC. 3. The Governor and Lieutenant Governor shall be elected at the times and places of choosing the members of the Legislature. The person having the highest number of votes for Governor or Lieutenant Governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for Governor or Lieutenant Governor, the Legislature shall, by joint vote, choose one of such persons.

SEC. 4. The Governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, to suppress insurrection, and to repel invasion.

SEC. 5. He may require information in writing from officers of the executive department upon any subject relating to the duties of their respective offices. SEC. 6. He shall take care that the laws be faithfully executed.

SEC. 7. He may convene the Legislature on extraordinary occasions.

SEC. 8. He shall give to the Legislature, and at the close of his official term to the incoming Legislature, information by message of the condition of the State, and recommend such measures to them as he shall deem expedient. SEC. 9. He may convene the Legislature at some other place, when the seat of government becomes dangerous from disease or a public enemy.

SEC. 10. He shall issue writs of election to fill such vacancies as occur in the Senate or House of Representatives.

SEC. 11. He may grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper; but the Legislature may provide by law as to the manner of hearing applications for pardon. Upon conviction for treason, he may suspend the execution of the sentence until the case shall be reported to the Legislature at its next session, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall com

municate to the Legislature at each session, information of each case of reprieve, commutation or pardon granted, and the reasons therefor.

SEC. 12. In case of the death of the Governor, his removal or suspension from office, inability to perform the duties of the office, resignation, absence from the State, or other disability, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability cease. But when the Governor shall be absent from the State at the head of the military forces thereof, he shall continue to be commander-inChief.

SEC. 13. During the vacancy in the office of Governor, if the Lieutenant Governor die, resign, be displaced, suspended, or be incapable of performing. the duties of his office, or absent from the State, the president pro tempore of the Senate shall act as Governor until the vacancy be filled or the disability

cease.

SEC. 14. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, and when there is an equal division, he shall give the casting vote. In committee of the whole he may debate all questions.

SEC. 15. No member of Congress, or any person holding office under the United States, or this State, shall execute the office of Governor, except as specified in this constitution.

SEC. 16. No person elected Governor or Lieutenant Governor shall receive any office or appointment from the Legislature, or either house thereof, during the time for which he was elected.

SEC. 17. The Lieutenant Governor and President of the Senate pro tempore, when performing the duties of Governor, shall receive the same compensation as the Governor.

SEC. 18. All official acts of the Governor, his approval of the laws excepted, shall be authenticated by the Great Seal of the State, which shall be kept by the Secretary of State.

SEC. 19. All commissions issued to persons holding office under the provisions of this constitution shall be "In the name and by the authority of the People of the State of Michigan," sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.

SEC. 20. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts approved shall be the law, and the item or items disapproved shall be void, unless re-passed according to the rules and limitations prescribed for the passage of other bills over the executive veto.

NOTE. The sections of this article, except section 20, which is new, are the same in number, and relate respectively to the same subject matter, with those of the present constitution. A number of the sections have some changes of phraseology, but none of sufficient importance to require specific mention,

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power is vested in a Supreme Court, in circuit courts, probate courts, justices of the peace, and in such other courts, tribuals and officers as are or shall be established or authorized by law.

SEC. 2. The Supreme Court is continued subject to the provisions of this article. The Legislature shall provide for one additional judge, so that the

Court shall consist of five members, to be chosen by the electors of the State, and for a classification of judges, so that one shall go out of office every two years. The judge having the shortest time to serve shall be Chief justice during the remainder of his term of office. The term of office of a judge of the Supreme Court shall be ten years. A judge of the Supreme Court may be assigned to hold a circuit court in cases provided by law.

SEC. 3. The Supreme Court shall have a general superintending control over all other courts and tribunals; and also such appellate jurisdiction as shall be provided by law; and to that end may issue writs of error, certiorari, mandamus, precedendo, prohibition, and all other appropriate writs and process. It shall also have original jurisdiction in cases of mandamus, habeas corpus, proceedings in the nature of quo warranto, and of proceedings by scire facias to vacate letters patent. Its appellate jurisdiction shall not extend to any civil cases for the recovery of money or property in which the amount or value of the thing in controversy is less than one hundred dollars, exclusive of costs, except upon the allowance of an appeal, writ of error or certiorari by the judge who tried such case, or by a judge of the Supreme Court.

SEC. 4. Four terms of the Supreme Court shall be held annually, at such times and places as may be designated by law.

SEC. 5. The Supreme Court shall, by general rules, except as otherwise provided by law, establish, modify and amend the practice in such court and in all inferior tribunals, and simplify the same, and shall appoint its clerks and a reporter of its decisions. The decisions of the Supreme Court shall be in writing, and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing, under his signature. All such opinions shall be filed in the office of the Clerk of the Supreme Court. The concurring opinion of any three of said judges shall be a decision. SEC. 6. The Legislature shall divide the State into seventeen judicial circuits, and it may increase the number of circuits at the expiration of periods of six years. It may re-arrange the circuits or decrease the number of the same at any time; for each of which circuits, so established, the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years, and until his successor is elected and qualified. No alteration of any circuit shall have the effect to remove a judge from office, provided he shall reside in the circuit of which he is judge. In every additional circuit established, the judge shall be elected by the electors of such circuit, and his term of office shall continue as provided in this constitution for judges of the circuit court.

SEC. 7. A circuit court shall be held at least twice in each year in every county organized for judicial purposes, and at least three times in each year in counties containing ten thousand inhabitants; and in counties having twenty thousand inhabitants or over, there shall be at least four terms in each year. Judges of the circuit court may hold courts for each other, and in other circuits in case of a vacancy, and shall do so when required by law or upon the request of the Governor.

SEC. 8. The circuit courts shall have original jurisdiction in all matters civil and criminal, not excepted in this constitution and [not] prohibited by law, and such appellate jurisdiction from all inferior courts and tribunals as shall be provided by law, and a supervisory control of the same. They shall also have power to issue writs of injunction, habeas corpus, mandamus, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them general control over inferior courts and