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JOURNAL OF THE SENATE

NUMBER SIX.

Senate Chamber, Lansing, January 20, 1925. 5:00 o'clock p. m.

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

The Reverend A. M. Frink of the Pilgrim Holiness Church of Lansing offered prayer.

The roll of the Senate was called by the Secretary.

Present:

Senators Atwood, Baxter, Bohn, Brower, Butler, Bernie L. Case, William L. Case, Condon, Cummings, Gansser, Gettel, Greene, Herrick, Hinkley, Horton, Howarth, Hunter, Karcher, Leland, Martin, Pearson, Penney, Quinlan, Truettner, Whiteley, Wilcox, Wood, Woodruff, Young.-29; a quorum.

Absent with leave: Senator Henry.

Absent without leave:

Senators Bahorski and Herald.-2.

Mr. Wood moved that the absentees without leave be excused from today's session.

The motion prevailed.

Senator James Henry Sworn In.

The President announced that Senator James Henry had taken and subscribed the constitutional oath of office as Senator, at Battle Creek, on January 16, 1925, the oath being administered by the Honorable John E. Bird, Associate Justice of the Supreme Court, and the oath of office was, thereupon, filed with the Secretary of the Senate.

Presentation of Petitions.

Petition No. 23. By Mr. Karcher. Petition of the Board of Supervisors of Oscoda County requesting a 50-50 division of license monies. The petition was referred to the Committee on Taxation.

Petition No. 24. By Mr. Case.

Petition of the Board of Supervisors of Leelanau County requesting a 50-50 division of license monies.

The petition was referred to the Committee on Taxation.

Petition No. 25. By Mr. Case. Petition of the members of the Central Lake Chamber of Commerce requesting passage of gas tax.

The petition was referred to the Committee on Taxation.

Petition No. 26. By Mr. Case. Petition of the Board of Supervisors of Missaukee County requesting a 50-50 division of license monies.

The petition was referred to the Committee on Taxation.

Petition No. 27. By Mr. Bohn. Petition of the Board of Supervisors of Luce County favoring the employment of County Nurses.

The Petition was referred to the Committee on Public Health.

Petition No. 28. By Mr. Gettel. Petition by the Huron County Road Commissioner protesting against repealing Covert Act.

The petition was referred to the Committee on Highways.

Petition No. 29. By Mr. Gettel. Petition by the Huron County Road Commissioner favoring 2 cent gasoline tax.

The petition was referred to the Committee on Taxation.

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 January 14, 1925:

Senate bill No. 8 (file No. 6)

A bill to prescribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale, within the State of Michigan, of Motor vehicle fuels as defined herein, prescribing the manner and time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violations of this act.

Senate bill No. 9 (file No. 7)

A bill to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto, operated upon the public highways of this State, and of the operators of such vehicles, and to provide for levying specific taxes and fees upon such vehicles so operated, and to provide for the disposition of such taxes and fees; to exempt from certain other taxation certain motor vehicles so specifically taxed and regulated; to create the State Highway fund and to make appropriations thereto and therefrom; to provide penalties for violations of the provisions hereof; and to repeal Act No. 302 of the Public Acts of 1915, being sections 4797 to 4832 of the Compiled Laws of 1915, as amended, and all other acts or parts of acts inconsistent herewith or contrary hereto.

Senate bill No. 10 (file No. 8)

A bill to amend section 11 of chapter 54 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 13855 of the Compiled Laws of 1915.

The Secretary also announced the printing of the following entitled bill and that the said printed bill was placed on file in the Document Room of the Senate January 15, 1925.

Senate bill No. 7 (file No. 9)

A bill to amend sections 55, 57, 58, 59, 60, 61, 61a, 62, 63, 64, 65, 66, 67, 70, 72, 73, 73a, 74, 75, 78, 81, 82, 83, 84, 85, 87, 88, 89, 95, 96, 98, 98a, 99, 101, 102, 103, 105, 106, 113, 122, 124, 125, 127, 127a, 128, 129, 130, 131, 135, 140, 141 and 144 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," the same being sections 4051, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4067, 4069, 4070, 4071, 4072, 4073, 4076, 4079, 4080, 4081, 4082, 4083, 4085, 4086, 4087, 4093, 4094, 4096, 4097, 4098, 4100, 4101, 4102, 4104, 4105, 4112, 4121, 4123, 4124, 4126, 4127, 4128, 4129, 4130, 4134, 4138, 4139 and 4143 of the Compiled Laws of 1915, as amended, and to add a new section to said act to be known as section 144a.

The Secretary also 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 January 16, 1925.

House bill No. 15 (file No. 1)

A bill to amend sections 2, 4, 6, 7, 8 and 34 of Act No. 302 of the Public Acts of 1915, entitled, “An Act to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto operated upon the public highways of this state, and of the operators of such vehicles, and to provide for levying specific taxes upon such vehicles, so operated and to provide for the disposition of such funds, and to repeal all other acts or parts of acts inconsistent herewith or contrary hereto," and to add a new section thereto to stand as section 39.

The Secretary also announced the printing of the following entitled bills and joint resolution and that the said printed bills and joint resolution were placed on file in the Document Room of the Senate January 17, 1925:

Senate bill No. 4 (file No. 10)

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; 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.

Senate bill No. 11 (file No. 11)

A bill to amend section 2 of Act No. 164 of the Public Acts of 1917, entitled "An act to prohibit the driving or operation of motor vehicles by persons under the influence of intoxicating liquor, or of any exhilarating or stupefying drug, and to provide penalties therefor," approved May 2, 1917.

Senate bill No. 12 (file No. 12)

A bill to provide a tax on gasoline, distillate, benzine, and other volatile and inflammable liquids, except kerosene oil and other oils less volatile than kerosene oil, produced and compounded for the purpose and capable of generating power or heat, used, sold, stored or distributed within the State, and to provide for the payment and collection of such tax and for the disposition thereof, and to exempt such liquids from other forms of taxation.

Senate bill No. 13 (file No. 13)—

A bill to repeal Act No. 209 of the Public Acts of 1923, entitled "An act to regulate and define common carriers of persons and property by motor vehicle on public highways of this State, prescribing the payment and fixing the amount of privilege taxes for such carriers, the disposition of such taxes, and prescribing penalties for violation of this act," approved May 23, 1923.

House bill No. 1 (file No. 2)—

A bill to levy a license tax on motor vehicle fuels, to provide for regulating the sale of such motor vehicle fuels, to provide reports of sales of such fuels, to provide for the collection of such tax, to provide for refunds in certain cases, to provide for the disposition of the revenue derived therefrom, to define certain words and phrases used in this Act, to provide penalties for the violation of this act.

House bill No. 6 (file No. 3)

A bill imposing a tax on gasoline as defined herein, used in the State of Michigan, providing for the payment, collection and distributing of such tax, providing for a refund in certain cases, making an appropriation, and prescribing penalties for the violation thereof.

House bill No. 7 (file No. 4)—

A bill to provide for a license fee on retail dealers of gasoline as herein defined, to provide for the payment, collection and distribution of such fee, making an appropriation and prescribing penalties for violation thereof.

Senate Joint Resolution No. 1 (file No. 15)—

A joint resolution proposing an amendment to section 13 of Article V of the State Constitution with reference to the time during which a session of the Legislature may continue.

Senate bill No. 14 (file No. 16)—

A bill to amend section 23 of Act No. 339 of the Public Acts of 1919, entitled, "An act relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry; imposing powers and duties on certain State, county, city and township officers and employes, and to repeal Act No. 347 of the Public Acts of 1917, and providing penalties for the violation of this act."

Senate bill No. 15 (file No. 17)

A bill to prevent the defrauding of farmers, merchants, and the owners or operators of elevators, meat markets and laundries.

Senate bill No. 16 (file No. 18)

A bill to authorize the employment of public health nurses by counties.

The Secretary also announced that the following entitled bill, being substituted for Senate Bill No. 8 (file No. 6) had been printed and is on file in the Document Room of the Senate:

Senate bill No. 8 (file No. 14)—

A bill imposing a tax on gasoline as defined herein, sold or used in the State of Michigan, providing for the payment, collection or disposition of such tax, providing for a refund in certain cases, making an appropriation, and prescribing penalties for the violation thereof.

Mr. Wood introduced

Senate bill No. 17, entitled

Introduction of Bills.

A bill to prohibit the breaking and entering, or the entering without breaking, of dwelling houses, offices, shops, stores, garages, warehouses, mills, or factories, whether occupied or unoccupied, completed, uncompleted, or under process of construction, and without intent to commit any felony therein, and the owner or occupant thereof or his or their agent or some member of his or their family not being therein and without first obtaining permission from said owner, occupant, agent or member of his or their family or person having immediate control thereof, and to provide a penalty for the violation thereof.

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

Mr. Penney introduced

Senate bill No. 18, entitled

A bill to amend section 1 of Act No. 266 of the Public Acts of 1917, entitled "An act to provide for a sinking fund in certain school districts and the investment thereof and to authorize the levy of taxes to pay principal and interest of bonds issued under the provisions of Act No. 150 of the Public Acts of 1915, entitled 'An act to prescribe and limit the power of school districts having a population of more than fifteen thousand and less than one hundred thousand to borrow money and issue bonds of such district therefor, and to repeal all acts and parts of acts inconsistent herewith,' approved May 7, 1915, and to repeal all acts and parts of acts inconsistent herewith."

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Education.

Mr. Penney also introduced

Senate bill No. 19, entitled

A bill to authorize and direct the State Highway Commissioner to lay out and establish a trunk line highway from the intersection of Holland and Sheridan Avenues in the City of Saginaw, thence in a general southerly direction, following, so far as possible, the Genesee-Saginaw and Genesee-Shiawassee county line road and extending into Livingston County to connect with trunk line No. 16 at Howell.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Highways.

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