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JOURNAL OF THE SENATE

NUMBER TWENTY-NINE.

Senate Chamber,

Lansing, Monday, February 26, 1923.

8:00 o'clock p. m.

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

Religious exercises were conducted by Rev. G. H. Ashworth of the First Universalist Church of Lansing.

The roll of the Senate was called by the Secretary.

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, Osborn, Pearson, Penney, Riopelle, Ross, Sligh, Truettner, Whiteley, Wilcox, Young-30; a quorum.

Absent without leave:

Senators Smith and Wood-2.

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

The motion prevailed.

Presentation of Petitions.

Petition No. 138. By Mr. Gansser. Petition of J. C. Gindlesperger and employees of Dow Chemical Company of Midland opposing pending railway legislation and for lowering of taxes and transportation costs.

The petition was referred to the Committee on Finance and Appropriations.

Petition No. 139. By Mr. Smith. Resolution of the St. Clair Medical Society protesting against the further operation of Shepard-Towner Bill.

The petition was referred to the Committee on Public Health.

Petition No. 140. By Mr. Smith. Resolution by Mayor French and the City Commissioners of Port Huron protesting against the passage of the “Two Platoon Bill" for city firemen.

The petition was referred to the Committee on Cities and Villages.

Petition No. 141. By Mr. Glaspie. Resolution of the Christian Men's Service Club of Ann Arbor favoring the operation of the Shepard-Towner Bill.

The petition was referred to the Committee on Public Health.

Petition No. 142. By the President. Petition of Lodge No. 722 of Brotherhood of Locomotive Firemen and Enginemen of Durand favoring the passage of the Automatic Fire Door and Automatic Bell Ringer Bills.

The petition was referred to the Committee on Railroads.

Petition No. 143. By the President. Petition of Bay City Manufacturing Association protesting against increase of appropriations.

The petition was referred to the Committee on Finance and Appropriations.

Petition No. 144. By the President. Petition of Saginaw Manufacturing Association protesting against increased appropriations.

The petition was referred to the Committee on Finance and Appropriations.

Petition No. 145. By Mr. Gansser. Petition of the Parent Teachers' Association of the Junior High School and Sixth Grade of Midland opposing any change in the present Primary School Fund Law.

The petition was referred to the Committee on Education.

Petition No. 146. By Mr. Gansser. Petition of William B. Mershon and thirty others of Saginaw protesting against House Bill No. 9, File No. 4, and urging liberal treatment of private game preserves and in the interests of reforestation.

The petition was referred to the Committee on Conservation.

Petition No. 147. By the President. Petition of the League of Catholic Women of Detroit opposing the Shepard-Towner Bill.

The petition was referred to the Committee on Public Health.

Petition No. 148. By Mr. Young. Resolution by the Ingham County Farmers' Club endorsing the proposed Gasoline Tax.

The petition was referred to the Committee on Taxation.

Announcement by the Secretary of Printing and Filing of Bills.

The Secretary announced that the following named bills had been printed and placed upon the files of the Senators, February 20:

Senate bill No. 145 (file No. 112) –

To amend section 8, Act No. 206, P. A. of 1893, and to repeal Act No. 200, P. A. of 1891, as amended by Act No. 297, P. A. of 1921, being section 4002, C. L. of 1915 -trust, deposit and security companies.

House bill No. 86 (file No. 35)

To amend Act No. 146, P. A. of 1917--to provide for the issuance of teachers' certificates to high school graduates in certain cases.

House bill No. 174 (file No. 36)
To provide for the suspension of a teacher's certificate for violation of contract.
House bill No. 108 (file No. 37)--

To provide for the mailing of notices of hearings before the Michigan Public Utilities Commission.

The Secretary also announced that the following named bills had been printed and placed upon the files of the Senators, February 21:

House bill No. 8 (file No. 38)—
To provide for the pensioning of old persons.
House bill No. 43 (file No. 39) --
To amend section 33, Act No. 303, P. A. of 1909--uniform warehouse receipts.
House bill No. 132 (file No. 40)
To regulate the business of furnishing laundered articles for hire.
House bill No. 170 (file No. 41)-
To provide for the pecuniary relief of certain blind persons.
House bill No. 205 (file No. 42) --

To repeal Act No. 280, P. A. of 1921-an act regulating the catching of fish in Grand River at Grand Rapids.

House bill No. 202 (file No. 43)

To amend section 11, chapter 67, of the Judicature Act of 1915—to provide that persons empowered to serve processes shall receive compensation therefor.

The Secretary also announced that the following named bills had been printed and placed upon the files of the Senators, February 26:

Senate bill No. 146 (file No. 113)

To amend section 13, Act No. 108, P. A. of 1889, being section 8055, C. L. of 1915 -assessment of stock.

Senate bill No. 147 (file No. 114)-

To amend section 75, Act No. 84, P. A. of 1909, being section 950, C. L. of 1915– Military Act-to repeal exemption from jury duty and poll tax.

Senate bill No. 149 (file No. 115)

To amend section 6, chapter III of part 4, Act No. 256, P. A. of 1917—General Insurance Law-payment of losses on automobiles.

Senate bill No. 150 (file No. 116)—

To prohibit maintenance of hospitals, nursing homes or places of refuge within twelve hundred feet of any public school.

Senate bill No. 151 (file No. 117)

To amend section 14, Act No. 206, P. A. of 1893–General Tax Law—and to repeal Act No. 200, P. A. of 1891, being section 4008, C. L. of 1915-assessment of bank shares.

Senate bill No. 152 (file No. 118)

To amend title and sections 1, 3, 8, 10, 13 and 14, Act No. 46, P. A. of 1921-Motor Vehicle Title Law.

Senate bill No. 153 (file No. 119)—
To authorize trunk line highway in Montcalm County.
House bill No. 110 (file No. 44)-

To amend the title and section 1 of Act No. 129, P. A. of 1921-an act requiring railroad companies to equip locomotive engines with either cab curtains or vestibule cabs.

Messages From The Governor.
The following message from the Governor was received and read:

State of Michigan, Executive Office,

Lansing, February 23, 1923. To the Honorable, The President of the Senate.

Sir:-In compliance with the requirements of Section 9, Article 6, of the Constitution of Michigan, I send you herewith a report of Executive pardons, commutations and reprieves granted inmates of the State penal institutions during the years 1921 and 1922, with the reasons therefor.

Respectfully,
ALEX. J. GROESBECK,

Governor. The report was placed on file.

Messages From The House.
A message was received from the House of Representatives transmitting
Senate bill No. 116 (file No. 80), entitled

A bill to define cheese and to regulate the manufacture and sale of same within the nits of the State of Michigan; to provide for labeling; prescribe a penalty, and to repeal sections 5, 7 and 8 of Act No. 193 of the Public Acts of 1895, as amended by Act No. 73, Public Acts of 1913; also to repeal section 6 of Act No. 193, Public Acts of 1895, as amended by Act No. 118, Public Acts of 1897, and Act No. 73 of the Public Acts of 1913.

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 1 of section 3 the word “may” and inserting in lieu thereof the word "shall."

2. Amend by striking out of section 4 lines 1 to 9, inclusive, and the following words in line 10: "all persons entering such store, room or rooms."

The question being on concurring in the amendments made to the bill by the House of pre tatives, the roll was called and the Senators voted as follows:

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So, a majority of all the Senators-elect not having voted in favor thereof,

The Senate non-concurred in the amendments made to the bill by the House of Representatives.

A message was received from the House of Representatives transmitting
Senate bill No. 59 (file No. 26), entitled

A bill to amend section 1 of Act No. 348 of the Public Acts of 1917, entitled “An act to bar debts and obligations against deceased persons and the estates of deceased persons, in certain cases, and to repeal Act No. 256 of the Public Acts of 1915, the same being compilers' section 14620 of the Compiled Laws of 1915, and all acts or parts of acts inconsistent with the provisions of this act," approved May 10, 1917.

The message informed the Senate that the House of Representatives had passed the bill with the following amendment:

1. Amend by inserting in line 9 of section 1, after the word "effect," the words “or said ten years shall have expired after and within three months after this act takes effect."

The question being on concurring in the amendment made to the bill by the House of Representatives, the roll was called and the Senators voted as follows:

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So, a majority of all the Senators-elect having voted in favor thereof,

The Senate concurred in the amendment made to the bill by the House of Representatives.

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
House bill No. 165 (file No. 34), entitled

A bill to amend section 10 of Act No. 129 of the Public Acts of 1883, entitled "An act for the organization of telephone and messenger service companies,” as added by Act No. 93 of the Public Acts of 1899, being section 8796 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 Railroads.

A message was received from the House of Representatives transmitting
House bill No. 73 (file No. 28), entitled

A bill to prevent and punish the sale or exchange of milk, cream, skim milk, buttermilk, condensed or evaporated milk, powdered milk, condensed skim milk, or any of the fluid derivatives of any of them to which has been added any fat or oil other than milk fat, and to provide a penalty for violation of the provisions hereof.

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 Agriculture.

A message was received from the House of Representatives transmitting
House bill No. 191 (file No. 33), entitled

A bill to amend section 9 of chapter 5 of Act No. 254 of the Public Acts of 1897, entitled "An act to provide for the construction and maintenance of drains, and the assessment and collection of taxes therefor, and to repeal all other laws relative thereto," being section 4913 of the Compiled Laws of 1915, as amended by Act No. 16 of the Public Acts of 1919.

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 Drainage.

Introduction of Bills.

Mr. Connelly introduced
Senate bill No. 155, entitled

A bill to make appropriations for the State Highway Department for the fiscal years ending June 30, 1924, and June 30, 1925, for certain specific purposes, and to designate the source from which moneys so appropriated shall be paid.

The bill was read a first and second time by its title and referred to the Com mittee on Highways.

Mr. Penney introduced
Senate bill No. 156, entitled

A bill to amend section 43 of chapter 61 of Act No. 314 of the Public Acts of 1915, known as "The Judicature Act of 1915," being section 14094 of the Compiled Laws of 1915.

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 following entitled bill was read third time:
Senate bill No. 35 (file No. 110), entitled

A bill to make appropriations for the Board of Examiners of Barbers for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes.

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

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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. 44 (file No. 111), entitled

A bill to make appropriations for the State Board of Accountancy for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation, and other purposes.

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

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