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JOURNAL OF THE SENATE

NUMBER NINETEEN.

Senate Chamber, Lansing, Thursday, February 12, 1925.

2:00 o'clock p. m.

The Senate met pursuant to adjournment and was called to order by the President.

The Reverend Virgil Boyer, of St. Paul's Episcopal Church of Lansing, offered prayer.

The roll of the Senate was called by the Secretary.

Present: Senators Atwood, Bahorski, Baxter, Bohn, Brower, Butler, Bernie L. Case, William L. Case, Condon, Cummings, Gansser, Greene, Herald, Herrick, Hinkley, Horton, Hunter, Karcher, Leland, Martin, Pearson, Quinlan, Truettner, Whiteley, Wilcox, Wood, Woodruff, Young—28; a quorum. Absent with leave: Senators Gettel, Howarth and Penney-3.

Presentation of Petitions,

Petition No. 87. By Mr. Wm. L. Case. Petition of Mancelona Chamber of Commerce praying for the establishment of a normal school.

The petition was referred to the Committee on Education.

Petition No. 88. By Mr. Truettner. Petition of the Ironwood Commercial Association urging legislation to prohibit the starting of brush and slashing fires.

The petition was referred to the Committee on Conservation.

Petition No. 89. By Mr. Martin. Petition of Fruitland Grange opposing ratification of Child Labor Amendment.

The petition was referred to the Committee on Labor.

Petition No. 90. By Mr. Truettner. Petition of Rotary Club of Ironwood requesting legislation to prohibit the setting of brush and slashing fires.

The petition was referred to the Committee on Conservation.

Petition No. 91. By Mr. Young. Petition of Mark Roberts and three hundred and sixty-two other citizens of Hubbell and vicinity favoring Old Age Pension Law. The petition was referred to the Committee on State Affairs.

Joint Resolution Printed and Filed. The Secretary announced the printing of the following entitled joint resolution and that the said printed joint resolution was placed on file in the Document Room of the Senate February 12, 1925:

Senato Joint Resolution No. 3 (file No. 43), entitled

A Joint resolution ratiying the proposed amendment to the Constitution of the United States granting to Congress power to limit, regulate, and prohibit the labor of persons under eighteen years of age.

Messages from the House, A message was received from the House of Representatives transmitting House bill No. 41 (file No. 15), entitled A bill to amend section 2 of chapter 56 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 13884 of the Compiled Laws of 1915, as amended by Act No. 325 of the Public Acts of 1921.

The message informed the Senate that the House of Representatives had passed the bill, in which action the concurrence of the Senate was requested.

The bill was read a first and second time by its title and referred to the Committee on Judiciary.

Reports of Standing Committees. Mr. Wood submitted the following report:

The Committee on Elections respectfully reports back to the Senate the following entitled bill with amendments, recommending that the amendments be agreed to and that the bill, as thus amended, do pass:

Senate bill No. 4 (file No. 10), entitled

A bill to provide for the registration of clectors, the nomination and election of candidates for public office; to provide for and regulate primary elections and elections; to guard against the abuse of the elective franchise; to define violations of this act; to prescribe the penalties therefor; to repeal certain acts relating thereto and to provide for the filling of vacancies.

The following are the amendments recommended by the committee:

(1) Amend title of the bill so as to read as follows: "A bill to provide for the registration of electors, the nomination and election of candidates for public office; to provide for and regulate primary elections and elections; to provide for the filling of vacancies in public offices; to provide for the re-call of certain elective officers and for the election to fill vacancies created thereby; to guard against the abuse of the elective franchise; to define violations of this act; to prescribe the penalties therefor; and to repeal certain acts relating thereto.

(2) Page 2, Part 1, Chapter I, Section 6, line 5, amend by inserting after the word “political" the word “party."

(3) Page 4, Part II, Chapter II, Section 2, line 13, amend by inserting after the word "columns” the following “in which the party enrollment of registered electors may be entered and columns."

(4) Page 10, Part II, Chapter III, Section 6, line 7, after the word "therein" strike out the period and insert a colon and the following: “Provided, That any (luly qualified elector may, in lieu of making the personal application for registration above contemp'ated, make and present to the clerk of the city or township, as the case may be, an affidavit setting forth that the said applicant is a duly qualified elector. Such affidavit shall be in substantially the following form:

AFFIDAVIT FOR REGISTRATION
State of Michigan !
County of
I, ..

being duly sworn, depose and say that I am a citizen and a duly qualified elector of the

precinct of township of , .

or village of or the ward of the city of

in the county of

... and State of Michigan; that my postoffice address is No. street

or R. F. D. No. P.Q.

.; that I am not now registered as an elector therein and that I make this affidavit for the purpose of procuring my registration as an elector in accordance with the statute, and I solemnly swear or affirm to support the constitution of the United States of America and the constitution of the State of Michigan, and to defend the same against all enemies, foreign and domestic.

$8.

Taken, subscribed and sworn to before me this A. D. 19....

day of.

Notary pubic in and for the county of.
State of Michigan.

My commission expirez Upon receipt of such affidavit on or before the tenth day prior to the third Saturday preceding any election or official primary election, in said township, village or city, the clerk, subject to the provisions of section 8 of this chapter, shall write in the registration book the name of the applicant who shall thereupon be deemed to be duly and properly registered. Any person who makes a false affidavit for the purpose of securing registration in the manner aforesaid shall be subject to the same penalty as is or may be provided by law for the punishment of the crime of perjury."

(5) Page 12, Part II, Chapter III, Section 9, lines 13 and 14, strike out after the words "then be" the following: “permitted to vote at such election or pri

mary election." and insert "given opportunity to become enrolled as a member of a political party in accordance with the provisions of this act.”

(6) Page 14, Part II, Chapter III, Section 11, line 3, amend by inserting after the word "ward" the words "or from one precinct to another in a city not having wards,".

(7) Page 15, Part II, Chapter III, Section 11, line 26, amend by striking out the word "or," and inserting the word “of”.

(8) Page 17, Part II, Chapter IV, Section 1, line 3, amend by striking out the word "five," and inserting the word “ten".

(9) Page 17, Part II, Chapter IV, Section 1, line 4, amend by inserting after the word "preceding” the word "federal”.

(10) Page 17, Part II, Chapter IV, Section 2, line 1, amend by striking out the word "five" and inserting the work "ten".

(11) Page 18, Part II, Chapter IV, Section 4, line 5, strike out the words “Tuesday succeeding the first Monday in April" and insert the words "first secular day of June".

(12) Page 19, Part II, Chapter IV, Section 5, line 11, amend by striking out the word “March" and inserting in lieu thereof the word “May".

(13) Page 19, Part II, Chapter IV, Section 5, line 19, amend by striking out the words “Tuesday succeeding the first Monday in April" and inserting the words "first secular day of June".

(14) Page 38, Part III, Chapter II, Section 4, line 35, amend by inserting after the word "ward” the following: “or from one election precinct to another in any city having no wards,".

(15) Page 41, Part III, Chapter III, Section 6, line 2, amend by inserting after the word “September' the word "primary".

(16) Page 55, Part III, Chapter V, Section 6, line 4, after the word "state" strike out the colon and insert a comma and the following words: "and in case there was no candidate for secretary of state at the last preceding election then the number of ballots furnished shall be based on the number of votes cast for Governor by such party at said election:".

(17) Page 76, Part III, Chapter VIII, Section 12, line 3, amend by striking out the word "chairman” and inserting the word "chairmen".

(18) Page 79, Part III, Chapter VIII, Section 15, line 25, amend by inserting after the word "and" the words “the county clerk".

(19) Page 82, Part III, Chapter IX, Section 1, line 3, amend by striking out the word "Wednesday” and inserting the word “Monday".

(20) Page 95, Part IV, Chapter 1, Section 4, line 2, amend by strinking out the word "twenty-four" and inserting in lieu thereof the word "twenty-eight”.

(21) Page 95, Part IV, Chapter 1, amand Section 5 to read as follows:

"Sec. 5. At the general November election in the year nineteen hundred twenty-eight, and at the general November election every sixth year thereafter, there shall be elected one United States senator. At the general November election in the year nineteen hundred thirty and at the general November election every sixth year thereafter, there shall be elected one United States senator. The term of office of a United States senator shall be six years, beginning on the fourth day of March next succeeding his election."

(22) Page 95, Part IV, Chapter 1, Section 6, line 2, amend by striking out the word "twenty-four" and inserting in lieu thereof the word "twenty-eight".

(23) Page 96, Part IV, Chapter 1, Section 9, line 2, amend by striking out the word “Twenty-five" and inserting in lieu thereof the word “twenty-nine”.

(24) Page 97, Part IV, Chapter I, Section 10, line 2, amend by striking out the word “twenty five" and inserting in lieu thereof the word "twenty-nine".

(25) Page 97, Part IV, Chapter 1, amend section 11 so as to read as follows:

"Sec. 11. At the biennial spring election in the year nineteen hundred twentyseven and at the biennial spring election in every fourth year thereafter, there shall be elected in each county a county commissioner of schools for the term of four years, beginning on the first day of July next following his election: Provided, That this act shall not be deemed to repeal or modify any other act existing at the time this act takes effect, which designates a time, other than that designated herein, for the election in any county or for the beginning of the term of office in such county, of a county commissioner of schools."

(26) Page 104, Part IV, Chapter IV, Section 7, line 16, amend by striking out the word "ten" and inserting the word “forty”.

(27) Page 105, Part IV, Chapter V, Section 3, line 2, amend. by inserting after the word “census" the words "and in any city of this State, organized under the laws thereof, as a city of the fourth class,".

(28) Page 105, Part IV, Chapter V, Section 3, line 6, strike out the period after the word "city" and insert a comma and the words "and to provide for the discontinuance and abolishment of all other polling places in said city. The common council of any city establishing a central polling place, at the last meeting of said common council previous to every election, general or special, may appoint three or more inspectors of election, and said inspectors shall be governed by the general laws of this state in reference to their powers and duties as election inspectors".

(29) Page 109, Part IV, Chapter V, after Section 14 insert a new section to be known as Section 15, to read as follows, and renumber Sections 15, 16 and 17 to stand as Sections 16, 17 and 18 respectively.

“Sec. 15. The boards of the several townships, and the common council's or commissions of the various cities and villages shall, at the expense of their respective townships, cities and villages, procure for each polling place therein a flag of the United States made of 'class a' bunting, together with a staff and necessary appliances for displaying the same, and shall deliver them in proper time to the several boards of election inspectors whose duty it shall be to cause the flag to be displayed at or in each polling place during the progress of elections. Immediately thereafter the election inspectors shall return the flags, which shall be used only for the purpose herein mentioned, to the respective clerks who are charged with the proper care and custody thereof."

(30) Pages 117, 118, 119, and 120, Part IV, Chapter VII, strike out all of Sections 8, 9, 10, 11, and 12, and insert in lieu thereof a new section to be known as Section 8 and to read as follows:

"Sec. 8. The said board of election commissioners shall cause to be printed on the ballot (or ballot labels or slips to be placed on a voting machine, when used) the names of the candidates certified to said board pursuant to this act: Provided, That the name of no candidate shall be placed or printed in more than one column on the ballot for the same office: Provided, also, That any person who receives the nomination for the same office by two or more parties or political organizations shall, within five days after his name has been certified to said election commission as having been nominated by two or more political parties for the same office, give notice to the board of election commissioners of each county in the State, if said nominaton be for a State office; to the board of election commissioners for each county in the district, if said nomination be for a congressional, judicial, or legislative office, and to the board of election commissioners of the county if such nomination be for a county office, specifying in such notice the column of which party or political organization on the ballot or voting machine he wishes his name to be printed or placed. Such notice shall be given to said election commissioners by delivering the same either in person or by depositing the same in the postoffice in a sealed envelope, with postage prepaid, directed to the county clerk at the county seat of the respective counties: And provided further, That in case any candidate nominated by two or more parties or political organizations for the same office, and whose name shall have been certified pursuant to law to the said board of election commissioners, shall refuse or neglect to give notice to said board of election commissioners as provided in this section, and within the time named therein, the said board of election commissioners shall cause his name to be printed or placed in the column of the party or political organization, on whose ticket he received the greater number of votes at the official primary election, if the office be one the candidates for which are required by law to be nominated at an official primary election; and if not, then in the column of the party or political organization from the chairman and secretary of whose committee said board of election commissioners shall have first received notice of such person's nomination for said office: Provided further, That where a person has received the nomination for the same office by two or more parties and has filed a nominating petition for said office on the ticket of one of said political parties, he shall not be permitted to select in conformity herewith which nomination he accepts but shall be deemed to be the candidate for said office of the political party named in his said nomination petition: And provided further, That should any person become a candidate at any primary election on the ticket of any political party other that the party to which he belongs, as shown by his nomination petition,

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