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JOURNAL OF THE SENATE

NUMBER EIGHTEEN.

Senate Chamber,
Lansing, Wednesday, February 7, 1923.

2:00 o'clock p. m. The Senate met pursuant to adjournment and was called to order by the President.

Religious exercises were conducted by Rev. F. E. George of the Mt. Hope Ave. Methodist Episcopal Church of Lansing.

The roll of the Senate was called by the Secretary.

orski. Bo Gettel; Pearson;31; a

Present: Senators Atwood, Bahorski, Bohn, Brower, Bernie L, Case, William L. Case, Condon, Connelly, Eldred, Gansser, Gettel, Glaspie, Hayes, Henry, Horton, Hunter, Johnson, Karcher, Leland, MacNaughton, Pearson, Penney, Riopelle, Ross, Sligh, Smith, Truettner, Whiteley, Wilcox, Wood, Young-31; a quorum.

Absent without leave: Senator Osborn-1.

Mr. Connelly moved that Senator Osborn be excused from today's session.
The motion prevailed.

Presentation of Petitions.

Petition No. 81. By Mr. Gettel. Resolution by the Bar Association of Huron County vigorously protesting against the passage of bill to change the Judicial Districts in Michigan. The petition was referred to the Committee on Judiciary.

Reports of Standing Committees.

Mr. Condon submitted the following report:

The Committee on Judiciary 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. 56 (file No. 23), entitled
A bill for the suppression of gaming.
The following are the amendments recommended by the committee:

Section 4, line 3, after the word "employee,” insert the words " by means of any newspaper, periodical, poster, notice or other mode of publication or reproduction."

Section 6, line 13, after the word "cases,” strike out the words "the same may be proved by."

Section 6, line 13, after the word “or," strike out the word "by."

Section 6, line 13, after the word “thereof,” insert the words "shall be competent evidence of the same."

Section 7. line 2, after the word “believe," insert the words “and does believe.”

Section 7, line 8, after the word "such," strike out the word "court," and insert in lieu thereof the word "magistrate."

Section 7, line 13, after the first word "lottery," insert a comma.

Section 7, line 15, after the word "into," strike out the word "their," and insert in lieu thereof the word "his."

Section 7, line 16, after the word “aforesaid,” strike out the words "and all the personal property, furniture and fixtures there found."

Section 7, line 21, after the word “otherwise,” insert the word "and."

Section 7, line 21, after the word 'found," strike out the words "participating in any form of gaming and all persons present whether so participating or not."

Section 7, line 23, after the word "material," insert the words "of gaming."

Section 7, line 23, after the word “material,” strike out the words "property, furniture and fixtures."

Section 9, line 5, after the word "indicted,” strike out the remainder of the section.

Add section 13 to read as follows:

Sec. 13. The acts herein prohibited may be deemed violations hereof when committed after any game, contest, race or event, as well as when committed before any such game, contest, race, or event; and the possession of evidence for the publication of any statement or information concerning the making or laying of wagers or bets or the selling of pools or betting odds, shall in the same manner be deemed a violation of this act, whether before or after the act evidenced thereby.

GEO. M. CONDON, Chairman. The report was accepted.

The amendments recommended by the committee were agreed to and the bill, as thus amended, was referred to the Committee of the Whole.

Mr. Condon submitted the following report:

The Committee on Judiciary respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 85 (file No. 51), entitled

A bill to amend section 1 of chapter 50 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 13736 of the Compiled Laws of 1915, as last amended by Act No. 14 of the Public Acts of 1919.

GEO. M. CONDON, Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

Mr. Condon submitted the following report:

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

Senate bill No. 93 (file No. 58), 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 lifetime.

The following is the amendment recommended by the committee:

Section 1, line 3, after the first word "years," strike out the word "or" and insert in lieu thereof the word "and."

GEO. M. CONDON, Chairman. The report was accepted.

The amendment recommended by the committee was agreed to and the bill, as thus amended, was referred to the Committee of the Whole.

Mr. Hayes submitted the following report:

The Committee on Banks and Corporations respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 86 (file No. 52), entitled

A bill to amend Act No. 205 of the Public Acts of 1887, entitled "An act to revise the laws authorizing the business of banking, and to establish a banking department for the supervision of such business," being sections 7967 to 8032 inclusive of the Compiled Laws of 1915, by adding a new section thereto after section 27 thereof to stand as section 27-a.

W. J. HAYES, Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

Mr. Hayes submitted the following report:

The Committee on Banks and Corporations respectfully reports back to the Senate the following entitled bill with the recommendation that the bill be referred to the Committee on Judiciary: Senate bill No. 88 (file No. 54), entitled :

A bill 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.

W. J. HAYES, Chairman. The report was accepted.

The recommendation of the committee was concurred in and the bill was referred to the Committee on Judiciary.

Mr. Hayes submitted the following report:

The Committee on Banks and Corporations respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 100 (file No. 64), entitled

A bill to amend section 10 of Act No. 205 of the Public Acts of 1887, entitled "An act to revise the laws authorizing the business of banking, and to establish a banking department for the supervision of such business," being section 7976 of the Compiled Laws of 1915.

W. J. HAYES, Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

Mr, Hayes submitted the following report:

The Committee on Banks and Corporations respectfully reports back to the Senate the following entitled bill with the recommendation that the bill be referred to the Committee on Judiciary:

Senate bill No. 110, entitled

A bill to amend the title and section 1 of Act No. 112 of the Public Acts of 1889, entitled "An act to authorize any corporation organized under the laws of this State, to sell its property, franchise, rights and privileges to any other corporation organized under the same or any similar laws of this State for the same corporate purpose," being section 11350 of the Compiled Laws of 1915.

W. J. HAYES, Chairman. 'i'he report was accepted.

The recommendation of the committee was concurred in and the bill was referred to the Committee on Judiciary.

On motion of Mr. Penney, the bill was ordered printed.

Mr. Eldred submitted the following report:

The Committee on State Affairs respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 70 (file No. 36), entitled

A bill to amend sections 6, 7 and 10 of chapter 15 of the Revised Statutes of 1846, entitled “Of resignations, vacancies and removals, and of supplying vacancies," being sections 245, 246 and 249 of the Compiled Laws of 1915, as last amended by Act No. 145 of the Public Acts of 1921.

FOSS O. ELDRED, Chairman, The report was accepted. The bill was referred to the Committee of the Whole.

Mr. Eldred submitted the following report:

The Committee on State Affairs respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 79 (file No. 46), entitled

A bill to amend section 1 of Act No. 22 of the Public Acts of the extra session of 1919, entitled "An act to provide for the appointment of county agents of the State Board of Corrections and Charities; to prescribe the powers, duties and compensation thereof; and to provide for the repeal of all acts and parts of acts inconsistent with the provisions hereof," as amended by Act No. 25 of the Public Acts of the first extra session of 1921.

FOSS O. ELDRED, Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

Mr. Eldred submitted the following report:

The Committee on State Affairs respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 118, entitled

A bill to amend section 7 of Act No. 168 of the Public Acts of 1913, entitled "An act to provide for a State superintendent of weights and measures, State, county and city sealers and inspection of weights and measures, prescribing their powers and duties, providing penaltes for fraud and deception in the use of false weights and measures and confiscation thereof, and repealing sections 4882 to 4897, inclusive, of the Compiled Laws of 1897,” being section 6240 of the Compiled Laws of 1915.

FOSS O. ELDRED, Chairman. The report was accepted. The bill was ordered printed and referred to the Committee of the Whole.

Introduction of Bills.

Mr. Hunter introduced
Senate bill No. 123, entitled

A bill to amend section 12 of chapter 1 of Part II of Act No. 256 of the Public Acts of 1917, entitled "An act to revise, consolidate and classify the laws of the State of Michigan, relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this State," approved May 10, 1917.

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

Mr. Karcher introduced
Senate bill No. 124, entitled

A bill to regulate the use of blinds for hunting or shooting ducks upon the inland lakes of this State, and to provide a penalty for violations of the provisions of this act.

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

Mr. Karcher also introduced
Senate bill No. 125, entitled

A bill to amend section 16 of chapter 4 of Part IV of Act No. 256 of the Public Acts of 1917, entitled "An act to revise, consolidate and classify the laws of the State of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this State," approved May 10, 1917.

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

Mr. Bahorski introduced
Senate bill No. 126, entitled

A bill to regulate the procedure in the arrest, detention and bail of persons charged with offenses.

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

Third Reading of Bills,

The fol owing entitled bill was read a third time:
House bill No. 13 (file No. 1), entitled

A bili to amend the title and section 1 of Act No. 246 of the Public Acts of 1907, entitled "An act making it a misdemeanor to throw any stone, brick or other missile at any passenger train, sleeping car, passenger coach, express car, mail car, baggage car, or any street or troliey car, and providing a penalty therefor," being section 8448, Compiled Laws 1915.

The question being on the passage of the bill, the roll was called and the Senators voted as follows:

Atwood
Bahorski
Bohn
Brower
(ase, Bernie L.
Case, William L.
Condon
Connelly

Eldred
Gansser
Gettel
Glaspie
Hayes
Henry
• Horton
Hunter

YEAS—31.

Johnson
Karcher
Leland
MacNaughton
Pearson
Penney
Riopelle
Ross

Sligh
Smith
Truettner
Whiteley
Wilcox
Wood
Young

NAYS—0.

So, a majority of all the Senators-elect having voted therefor,
The bill was passed.
The Senate agreed to the title of the bill.

The fol owing entitled bill was read a third time:
Senate bill No. 69 (file No. 35), entitled

A bill to amend sections 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13 of chapter 4, part 1 oi Act No. 256 of the Public Acts of 1917, entitled "An act to revise, consolidate and classify the laws of the State of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this State," and to add a new section thereto to stand as section 4-a.

The question being on the passage of the bill, the roll was called and the Senators voted as follows:

YEAS-31.
Atwood
Eldred
Johnson

Sligh
Bahorski
Gansser
Karcher

Smith
Bohn
Gettel
Leland

Truettner
Brower
Glaspie
MacNaughton

Whiteley
Case, Bernie L.
Hayes
Pearson

Wilcox
Case, William L.
Henry
Penney

Wood
ronden
Horton
Riopelle

Young
Connelly
Hunter

Ross

NAYS—0.

So, a majority of all the Senators-elect having voted therefor,
The bill was passed.
The Senate agreed to the title of the bill.
On motion of Mr. Brower, two-thirds of all the Senators-elect voting therefor,
The bill was given immediate effect.

The following entitled bill was read a third time:
Senate bill No. 63 (file No. 30), entitled

A bill to amend section 62 of chapter 18 of Act No. 314 of the Public Acts of 1915, “The Judicature Act of 1915," being section 12634 of the Compiled Laws of 1915.

The question being on the passage of the bill, the roll was called and the Senators voted as follows:

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