JOURNAL OF THE SENATE NUMBER TWENTY-SIX. Senate Chamber, Lansing, Wednesday, February 21, 1923. 9:00 o'clock p. m. The Senate met pursuant to adjournment and was called to order by the President. The roll of the Senate was called by the Secretary. Present: Senators Atwood, Bohn, Brower, Bernie L. Case, Condon, Connelly, Eldred, Gansser, Glaspie, Henry, Horton, Hunter, Leland, MacNaughton, Pearson, Penney, Riopelle, Ross, Sligh, Smith, Truettner, Whiteley, Wilcox, Young-24; a quorum. Absent with leave: Senators Gettel, Johnson and Osborn-3. Absent without leave: Senators Bahorski, William L. Case, Hayes, Karcher and Wood-5. Mr. Whiteley moved that the absentees without leave be excused from today's session. The motion prevailed. Presentation of Petitions. Petition No. 122. By Mr. Truettner. Petition of the Lions Club of Ishpeming opposing the "Full Crew Bill." The petition was referred to the Committee on Railroads. Petition No. 123. By Mr. Gansser. Petition of the Brotherhood of Locomotive Firemen and Enginemen, Ann Arbor Railroad, Owosso, asking support of Senate Bill No. 72 (file 37), requiring automatic fire doors on all engines, and Senate Bill No. 73 (file 38), requiring automatic bell ringers. The petition was referred to the Committee on Railroads. Petition No. 124. By Mr. Gansser. Petition of the Detroit Federation of Labor asking support of the "Full Crew Bill." The petition was referred to the Committee on Railroads. Petition No. 125. By Mr. Gansser. Petition of the Brotherhood of Locomotive Firemen and Enginemen of Standard Lodge No. 158, Detroit, asking support of Senate Bill No. 72 (file 37), requiring automatic fire doors on all engines, and Senate Bill No. 73 (file 38), requiring automatic bell ringers. The petition was referred to the Committee on Railroads. Petition No. 126. By Mr. Gansser. posing the "Full Crew Bill." Petition of the Dow Chemical Company op The petition was referred to the Committee on Railroads. Petition No. 127. By Mr. Gansser. Petition of the Bay City Manufacturers Association urging a program of strictest economy and efficiency in the expenditure and management of the State departments and institutions. The petition was referred to the Committee on State Affairs. Petition No. 128. By Mr. Bahorski. Petition of Sidney Mayer and fifty-two other citizens of Detroit and Wayne County, urging the passage of the "Full Crew Bill." The petition was referred to the Committee on Railroads. Petition No. 129. By the President. Petition of Standard Lodge No. 158 of Detroit, Brotherhood of Locomotive Firemen and Enginemen, favoring the Automatic Fire Door and Automatic Bell Ringer Bills. The petition was referred to the Committee on Railroads. Petition No. 130. By the President. Petition of Locomotive Firemen on the Ann Arbor Railroad, supporting the Automatic Fire Door and Automatic Bell Ringer Bills. The petition was referred to the Committee on Railroads. Petition No. 131. By Mr. Ross. Petition of Burt S. Pate and forty-eight other citizens of Howell, requesting an open season on quail. The petition was referred to the Committee on Conservation. Petition No. 132. By Mr. Truettner. Petition of Bar Association of Dickinson County opposing the redistricting of judicial circuits. The petition was referred to the Committee on Judiciary. Petition No. 133. By Mr. Truettner. Petition of Board of Supervisors of Ontonagon County favoring State Highway Department construction program. The petition was referred to the Committee on Highways. Petition No. 134. By Mr. Sligh. Petition of George W. Heth and forty-three other citizens of Grand Rapids urging the passage of the "Full Crew Bill." The petition was referred to the Committee on Railroads. Petition No. 135. By Mr. Penney. Petition of Clarence W. Schafer and many other citizens of Saginaw County opposing the "Full Crew Bill." The petition was referred to the Committee on Railroads. Messages From The House. A message was received from the House of Representatives transmitting A bill to amend section 2 of Act No. 148 of the Session Laws of 1869, entitled "An act to revise and consolidate the several acts relating to the support and maintenance of poor persons," being section 5207 of the Compiled Laws of 1915. The message informed the Senate that the House of Representatives had passed the bill. 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 A bill to amend section 9 of Act No. 392 of the Local Acts of 1891, entitled "An act to provide salary of and for appointment of clerks for the circuit court commissioners of Wayne county," approved July 2, 1891, as added by Act No. 449 of the Local Acts of 1907, approved March 27, 1907. The message informed the Senate that the House of Representatives had passed the bill. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. A message was received from the House of Representatives transmitting A bill to amend sections 58, 59, and 60 of chapter 1 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being sections 12063, 12064, and 12065 of the Compiled Laws of 1915. The message informed the Senate that the House of Representatives had passed the bill with the following amendments: 1. Amend by striking out of line 3 of section 1, after the word "amended," the words "so as." 2. Amend by striking out of line 5 of section 58, after the word "committed," the words "and shall be had before a Circuit Judge of this State appointed by the presiding judge for such purpose." 3. Amend by striking out of line 2 of section 59, after the word "crime," the word "or," and by inserting in line 2 of section 59, after the word "misdemeanor," the words "or wilful malfeasance." 4. Amend by striking out of line 3 of section 59, all the words after the word "until," and by striking out all of lines 4, 5, 6 and 7 of the same section, and inserting in lieu thereof the following: "the charges made against such attorney shall have been filed in writing with the Attorney General of the State of Michigan, verified by the party making them, that he believes the charges to be true. The Attorney General shall, after investigation, file such charges with the clerk of the supreme court, or the clerk of the circuit court having jurisdiction. Upon application of the Attorney General, the justices of the supreme court or the presiding judge of the circuit court where such charges are filed, shall issue an order directing the attorney so complained of, to show cause, within fifteen days from the service of such order, why he should not be removed as prayed for; a copy of the charges preferred against him together with a copy of all exhibits and affidavits shall be attached to such order served upon him. Such service may be made by delivering to the person so complained of a copy of such order to show cause together with a copy of the petition, affidavits or exhibits, which may be attached to the original petition, if such person can be found and, if not, by leaving such copies at the last known place of residence of such person with some person of suitable age, if such person can be found, and if not, by posting such copies in some conspicuous place upon his last known place of residence. When the proceedings brought under this act are held in any circuit court of this State, on the request of the attorney general, it shall be the duty of the presiding judge of said state to appoint three circuit judges of said State to sit and hear the evidence in said proceedings and determine the rights of the party so complained of: Provided, That in no case shall the circuit judge of the circuit where the party complained against resides, be so appointed or sit and hear the evidence presented or make any order in said cause other than the order to show cause. After the cause is at issue or default entered, it may be brought on for hearing by either party by giving at least fifteen days' notice of the time and place where testimony will be taken in said cause. Any person feeling himself aggrieved by the determination of the judges hearing said cause, may have the proceedings reviewed by the Supreme Court of this State on application thereto for a writ of certiorari under the regular rules of said court." The question being on concurring in the amendments made to the bill by the House of Representatives, the roll was called and the Senators voted as follows: So, a majority of all the Senators-elect having voted in favor thereof, The Senate concurred in the amendments made to the bill by the House of Representatives. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 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 amendment, recommending that the amendment be agreed to and that the bill, as thus amended, do pass: Senate bill No. 108 (file No. 72), entitled A bill to amend section 107 of Title III of chapter 14 of the Revised Statutes of 1846, "Of County Officers," as last amended by Act No. 74 of the Public Acts of 1889, being section 2491 of the Compiled Laws of 1915. The following is the amendment recommended by the committee: Section 107, line 12, strike out the word "five" and insert in lieu thereof the word "ten." The report was accepted. GEO. M. CONDON, Chairman The amendment recommended by the committee was 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. 113 (file No. 77), entitled A bill to amend section 5 of chapter 67 of Act No. 314 of the Public Acts of 1915, known as "The Judicature Act of 1915," being section 14182 of the Compiled Laws of 1915, as amended by Act No. 416 of the Public Acts of 1919, approved May 13, 1919, and to repeal all acts or parts of acts inconsistent herewith. The report was accepted. GEO. M. CONDON, Chairman. The bill was referred to the Committee of the Whole. Introduction of Bills. Mr. Condon introduced Senate bill No. 152, entitled A bill to amend the title and sections 1, 3, 8, 10, 13 and 14 of Act No. 46 of the Public Acts of 1921, entitled "An act to protect the title of motor vehicles and trailers within this State; to provide for the issuance of certificates of title and evidence of registration thereof; to regulate purchase and sale or other transfer of ownership; to facilitate the recovery of motor vehicles and trailers stolen or otherwise unlawfully taken; to provide for the regulation and licensing of certain dealers in used and second hand vehicles as herein defined; to prescribe the powers and duties of the Secretary of State hereunder; and to provide penalties for violation of the provisions hereof," approved April 13, 1921. The bill was read a first and second time by its title, ordered printed and referred to the Committee on Highways. Mr. Eldred introduced Senate bill No. 153, entitled A bill to authorize and direct the State Highway Commissioner to lay out and establish a trunk line highway from the village of Stanton, in the County of Montcalm, to connect with a trunk line highway now established which runs from the village of Six Lakes to the village of Edmore. The bill was read a first and second time by its title, ordered printed and referred to the Committee on Highways. Third Reading of Bills. The following entitled bill was read a third time: A bill to amend section 30 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 14496 of the Compiled Laws of 1915, as amended by Act No. 330 of the Public Acts of 1917. The question being on the passage of the bill, the roll was called and the Senators voted as follows: So, a majority of all the Senators-elect having voted therefor, The bill was passed. The Senate agreed to the title of the bill. Motions and Resolutions. Mr. MacNaughton moved that when the Senate adjourns today it stand adjourned until tomorrow, Thursday, February 22, 1923, at 10:00 o'clock a. m. The motion prevailed. Leave of Absence. Senator Whiteley asked and was granted leave of absence until Monday, February 26. Mr. Penney moved that the Senate adjourn. The motion prevailed, the time being 9:27 o'clock p. m. Accordingly, and in pursuance of the order previously made, the President declared the Senate adjourned until tomorrow, Thursday, February 22, 1923, at 10:00 o'clock a. m. DENNIS E. ALWARD, Secretary of the Senate. |