JOURNAL OF THE SENATE NUMBER TWENTY-ONE. Senate Chamber, Lansing, Monday, February 16, 1925. 8:30 o'clock p. m. The Senate met pursuant to adjournment and was called to order by the President. Reverend Albert R. Elliott, of the Potter Park Methodist Church offered prayer. The roll of the Senate was called by the Secretary. Present: Senators Atwood, Baxter, Bohn, Bernie L. Case, Condon, Gansser, Gettel, Herald, Herrick, Horton, Howarth, Hunter, Karcher, Leland, Martin, Pearson, Penney, Quinlan, Truettner, Whiteley, Wilcox, Wood, Woodruff, Young-24; a quorum. Absent without leave: Senators Bahorski, Brower, Butler, William L. Case, Cummings, Greene and Hinkley. Mr. Gansser moved that Senators Butler, William L. Case and Cummings be excused from the sessions of today and tomorrow. The motion prevailed. Mr. Wood moved that the other absentees without leave be excused from today's session. The motion prevailed. Presentation of Petitions. Petition No. 92. By Mr. Herrick. Petition of Greenville Federation of Women's Clubs praying for legislation to carry on the provisions of the Shepherd-Towner Maternity Act. The petition was referred to the Committee on State Affairs. Petition No. 93. By Mr. Truettner. Petition of Bessemer Rotary Club requesting a normal school for Gogebic county. The petition was referred to the Committee on Education. Petition No. 94. By Mr. Truettner. Petition of Ironwood Rotary Club requesting a normal school for Gogebic county. The petition was referred to the Committee on Education. Petition No. 95. By Mr. Truettner. Petition of Ironwood Commercial Association requesting a state normal school for Gogebic county. The petition was referred to the Committee on Education. Bills Printed and Filed. The Secretary announced the printing of the following entitled bills and that the said printed bills were placed on file in the Document Room of the Senate February 14, 1925: Senate bill No. 81 (file No. 44), entitled A bill to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as Federal aid projects, and all roads that have been or that may hereafter be, approved for Federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; and to repeal all acts and parts of acts inconsistent herewith. Senate bill No. 82 (file No. 45), entitled A bill to amend sections 5, 6, 7 and 9 of Act No. 146 of the Public Acts of 1909, entitled "An act to prohibit and prevent adulteration, misbranding, fraud and deception in the manufacture and sale of drugs and drug products in the State of Michigan and to provide for the enforcement thereof," being section 6525, 6526, 6527 and 6529 of the Compiled Laws of 1915. Senate bill No. 83 (file No. 46), entitled A bill to provide for the carrying of public liability insurance or the furnishing of other security by owners of motor vehicles and persons legally liable in damages for injuries to persons or property on account of the negligent operation of automobiles in this State. Senate bill No. 85 (file No. 47), entitled A bill to amend section 3 of Act No. 128 of the Public Acts of 1887, entitled "An act for the requiring of a civil license in order to marry and the due registration of the same, and to provide a penalty for the violation of the provisions of the same," being section 11378 of the Compiled Laws of 1915, as amended by Act No. 195 of the Public Acts of 1917. Senate bill No. 86 (file No. 48), entitled A bill to prevent the removal, taking or destruction of wild flowers, plants, and shrubs, and to provide a penalty for the violation thereof. Senate bill No. 87 (file No. 49), entitled A bill to provide for the resignation or retirement of justices of the Supreme Court and for the payment of compensation to them during their life-time. Senate bill No. 88 (file No. 50), entitled A bill to amend section 21 of Act No. 220 of the Public Acts of 1923, entitled "An act to prevent fraud, deception and imposition in the issuance, sale or disposition of stocks, bonds and other securities sold or offered for sale within the State of Michigan, and for such purpose to create a commission to regulate and supervise the issuance, sale and disposition of such securities; to license dealers and salesmen of securities; to prescribe the powers and duties of such commission; to prescribe penalties for violation of this act; and to repeal Act No. 46 of the Public Acts of 1915," approved May 23, 1923. Senate bill No. 89 (file No. 51), entitled A bill to amend section 8 of Act No. 206 of the Public Acts of 1893, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased, and to repeal Act No. 200 of the Public Acts of 1891 and all other acts and parts of acts in anywise contravening any of the provisions of this act," being section 4002 of the Compiled Laws of 1915, as last amended by Act No. 297 of the Public Acts of 1921. Senate bill No. 92 (file No. 52), entitled A bill to amend section 31 of Act No. 183 of the Public Acts of 1897, entitled "An act to provide for the appointment and to fix the term of office, duties, and compensation of circuit court stenographers in the State of Michigan," being section 14497 of the Compiled Laws of 1915, as amended by Act No. 231 of the Public Acts of 1919. Senate bill No. 93 (file No. 53), entitled A bill to provide for an annual specific tax upon bonds, notes, or other evidences of debt, which may hereafter be issued by the State of Michigan or by any county, city, village, township, school district, or road district within this State; to provide for the administration of the provisions of this act; and to repeal Act No. 88 of the Public Acts of 1909, being sections 4194 and 4195 of the Compiled Laws of 1915, and all other general special or local acts, or parts thereof, in so far as they may contravene any of the provisions of this act. Senate bill No. 94 (file No. 54), entitled A bill to provide for an annual specific tax upon foreign securities, as defined in this act, which may hereafter be issued; to provide for the administra-· tion of the provisions of this act; and to repeal Act No. 142 of the Public Acts of 1913, Act No. 254 of the Public Acts of 1915, Act No. 173 of the Public Acts of 1917, and all other acts or parts of acts in so far as they may contravene any of the provisions of this act. House bill No. 11 (file No. 31), entitled A bill to amend section 2 of Chapter 58 of Act 314 of the Public Acts of 1915, entitled, "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," said section being compiler's section 13951 of the Complied Laws of 1915. House bill No. 159 (file No. 32), entitled A bill to provide for the construction, improvement and maintenance of trunk line highways. Messages From the House. A message was received from the House of Representatives transmitting A bill governing appeals in the Circuit Court and Supreme Court of causes from Justices' Courts in cities of a population of three hundred thousand or more, and to provide for stenographers in said Justice Courts to prepare the record on appeal, and to repeal all acts inconsistent therewith; and to allow other cities to adopt the provisions hereof. 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. A message was received from the House of Representatives transmitting House concurrent resolution No. 5. A concurrent resolution protesting against the unlawful abstraction of the waters of Lake Michigan by the Sanitary District of Chicago, or any other person or agency. Whereas, The State of Michigan has a full proprietary ownership in all the waters in the Great Lakes within the boundary lines of the State, and as such owner the State is entitled at all times to have an uninterrupted flow of all the waters coming naturally into the Great Lakes Basin, and is duty bound to protect and preserve the right of the State to these waters; and Whereas, The Sanitary District of Chicago has been for a long time unlawfully abstracting large quantities of the waters of Lake Michigan and diverting these waters from the Great Lakes Basin into the Mississippi River Basin; and Whereas, There are now pending in the Congress of the United States bills purporting to be measures for the improvement of commerce and navigation which would authorize on the part of the Federal Government a diversion of ten thousand cubic feet per second of water from Lake Michigan for the alleged improvement of the navigation of waters lying outside the Great Lakes Basin, but which said bills are in fact for the purpose of an attempted legalization of the abstraction of these waters by the Sanitary District of Chicago for its own use and benefit, and Whereas, An abstraction and diversion of the waters of Lake Michigan does and will so injure the navigability of the Great Lakes and the connecting waters that it makes navigation of the many harbors in Michigan difficult and dangerous and the maintenance of these harbors more costly; seriously affects the immense fruit interests in the State and jeopardizes their development through chemical changes due to the diversion of the natural flow of these waters; retards the building up of the Great Lakes navigation, both as to gross volume and the size and draft of the vessels employed; seriously affects privately owned docks, elevators, warehouses, railroad lines and many other constructions built to take and ship lake tonnage; and Whereas the Sanitary District of Chicago has petitioned the Secretary of War of the United States for a permit to authorize the said District to abstract ten thousand cubic feet per second of the waters of Lake Michigan, and the Secretary of war has set the date of February 20, 1925, as the time when he will at his office at Washington, D. C., hear the said petition and the objections to be made to the granting of any such permit; therefore be it, Resolved, By the House of Representatives of the State of Michigan, (the Senate concurring), That for and in behalf of the people of the State, we vigorously protest against and object to the continued unlawful diversion and abstraction of the waters of Lake Michigan by the Sanitary District of Chicago; and be it further Resolved, That we oppose and object to any scheme or plan of improvement of the navigable waters of the United States at the expense of and to the detriment of the continued improvement and natural navigability of the Great Lakes; and be it further Resolved, That we commend the Attorney General of this State for the very active and able service rendered the people in leading the opposition of the Lake Border States to any unlawful abstractions and diversions of these waters, and urge him to continue all necessary activities in protection of the States' rights in and to these waters; and be it further Resolved, That а committee consisting of three State Representatives to be appointed by the Speaker of the House of Representatives, and two State Senators to be appointed by the President of the Senate, be appointed and authorized and directed to proceed to Washington, D. C., together with the Attorney General of this State, and at the appointed time and place present, as such committee, to the Secretary of War, the protest and objection of the State of Michigan to the granting of any permit authorizing the abstraction or diversion of any of the waters of the Great Lakes, and especially as petitioned for by the Sanitary District of Chicago. The actual and necessary expenses of such committee shall be allowed and paid when accounts therefor have been certified to as correct by the Speaker of the House and President of the Senate; and be it further Resolved, That a copy of these resolutions, duly prepared by the Secretary of the Senate and certified to by the said Secretary and the Clerk of the House of Representatives be transmitted by the said Secretary of the Senate to the Honorable, The Secretary of War of the United States; to each of the Michigan members in Congress; to the Secretary of the Senate and the Secretary of the House of Representatives of Congress; and to the Attorney General of this State. The message informed the Senate that the House of Representatives had adopted the concurrent resolution, in which action the concurrence of the Senate was requested. The concurrent resolution was referred to the Committee on Rules and Resolutions. Introduction of Bills. Mr. Gansser introduced Senate bill No. 95, entitled A bill to provide for the adoption and use of a standard form of fire insurance policy by mutual fire insurance companies, and to repeal all acts or parts of acts inconsistent with the provisions hereof. The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Insurance. Mr. Hunter introduced Senate bill No. 96, entitled A bill to amend section 42 of Act No. 183 of the Public Acts of 1897, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," being section 4509 of the Compiled Laws of 1915, as amended by Act No. 231 of the Public Acts of 1919. The bill was read a first and second time by its title and referred to the Committee on Judiciary. Mr. Condon introduced Senate bill No. 97, entitled A bill to amend section 1 and 7 of Act No. 6 of the Public Acts of 1907, Extra Session, entitled, as amended, "An act to define and regulate the treat ment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division, probation officers and referees, and to prescribe their powers, duties and compensation, and to provide for the granting of re-hearings and modifications of orders, sentences and decrees of said court," being sections 2011 and 2017 of the Compiled Laws of 1915, as last amended by Act No. 105 and Act No. 294 of the Public Acts of 1923. The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Judiciary. Mr. Condon also introduced Senate bill No. 98, entitled A bill to regulate the possession and sale of pistols, revolvers and guns; to provide a method of licensing those carrying such weapons concealed; and to provide penalties for violation of such regulations. The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Military Affairs. Mr. Young introduced Senate bill No. 99, entitled A bill to prohibit the opening of stores for the sale of groceries, dry goods, boots and shoes, clothing, jewelry, meats, musical instruments, sheet music, baked goods, furniture, hardware, gentlemen's furnishings, radio supplies, fish, fruit, vegetables, delicatessen food, lumber, building material, or any place where such articles are sold or kept for sale, on the first day of the week, commonly called Sunday. The bill was read a first and second time by its title, ordered printed, and referred to the Committee on State Affairs. Motions and Resolutions. Mr. Truettner offered the following: Senate resolution No. 25. Resolved, that Lillian S. Pomeroy be and is hereby appointed a committee clerk, term of service beginning February 16, and that she be assigned to committee group No. 8, Room K. The resolution was adopted. General Orders. Mr. Young moved that the Senate resolve itself into Committee of the Whole for consideration of the general orders. The motion prevailed and the President designated Mr. Young as chairman. Accordingly the Senate resolved itself into Committee of the Whole, with Mr. Young in the chair. After some time spent therein the committee rose; and the President having resumed the chair, the committee, through its chairman, reported back to the Senate, favorably and without amendment, the following entitled bill and joint resolution: Senate joint resolution No. 2 (file No. 31), entitled A joint resolution proposing an amendment to Article VIII of the State Constitution by adding thereto a new section to stand as section 31, with reference to the creation of metropolitan districts. Senate bill No. 78 (file No. 40), entitled A bill to amend section 1 of Act No. 104 of the Public Acts of 1923, entitled "An act to provide for, and to authorize the filing of notices of federal tax liens by the United States of America in the office of the register of deeds in the various counties of this State, pursuant to section 3186 of the Revised Statutes of the United States," approved May 2, 1923. The bill and joint resolution were placed on the order of Third Reading of Bills. The Committee of the Whole, through its Chairman, also reported back to the Senate, favorably and with amendment the following entitled bill: |