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JOURNAL OF THE SENATE

NUMBER FORTY-TWO

Senate Chamber,

Lansing, Thursday, March 15, 1923.

10:00 o'clock a. m.

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

Religious exercises were conducted by Rev. D. T. Gray of the Olivet Baptist 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, Johnson, Karcher, Leland, MacNaughton, Osborn, Pearson, Penney, Ross, Sligh, Smith, Whiteley, Wilcox, Wood, Young—29; a quorum.

Absent with leave: Senators Hunter, Riopelle and Truettner-3.

Presentation of Petitions. Petition No. 374. By Mr. Bahorski. Petition of John P. Reed and fifty-two other citizens of Detroit protesting against the proposed bill to restrict sale of proprietary medicines.

The petition was referred to the Committee on Public Health.

Petition No. 375. By Mr. Hayes. Petition of R. M. Watson and other members of the City Council and citizens of Detroit, urging the passage of the Full Crew Bill.

The petition was referred to the Committee on Railroads.

Petition No. 376. By Mr.Young. Petition of J. K. Rogers and forty-eight other citizens of Durand, favoring the passage of the trainmen's Full Crew Bill.

The petition was referred to the Committee on Railroads.

Petition No. 377. By Mr. Gettel. Petition of one hundred twenty-nine citizens of Huron County protesting against House Bill No. 273 or similar legislation which would prohibit traveling merchants from bringing goods to homes of the people for sale.

The petition was referred to the Committee on State Affairs.

Petition No. 378. By Mr. Whiteley. Petition of Frank Martell and fifty-nine other citizens of the seventh senatorial district protesting against the proposed bill to prohibit traveling merchants from bringing goods to homes of the people for sale. The petition was referred to the Committee on State Affairs.

Announcements by Secretary. The Secretary announced that the following named bills had been printed and placed upon the files of the Senators March 15:

Senate bill No. 36 (file No. 160)—
To make appropriations for the State Board of Law Examiners.

Senate bill No. 40 (file No. 161)-
To make appropriations for the State Board of Dental Examiners.
Senate bill No.46 (file No. 162)—

To make appropriations for the Michigan State Board of Examiners of Optometry.

Senate bill No. 51 (file No. 163)
To make appropriations for the Board of Registration of Nurses and Trained
Attendants.

Senate bill No. 67 (file No. 164)—
To make appropriations for the Board of Registration in Medicine.
House bill No. 195 (file No. 109)-
To amend sec. 27, Act No. 279, P. A. of 1909–

To provide that the revision of a city charter shall not necessitate decrease in number of supervisors.

House bill No. 315 (file No. 110)

To empower corporations generating electricity by water power to acquire flowage rights, etc., through condemnation proceedings.

House bill No. 317 (file No. 111)—
To permit the empaneling of a jury of fourteen members.
House bill No. 316 (file No. 112)-
To amend sec. 19, Act No. 183, P. A. P. A. of 1897—
To increase salary of circuit court stenographer in 6th circuit.

Messages From the House.
A message was received from the House of Representatives transmitting
House concurrent resolution No. 21.
Providing for adjournment of the Legislature until March 18.

Resolved by the House of Representatives, (the Senate concurring), That when the Legislature adjourns on March 15th, it stand adjourned until Monday, March 19th, at 8:00 o'clock p. m.

The message informed the Senate that the House of Representatives had adopted the concurrent resolution.

Pending the order that, under rule 59, the concurrent resolution lie over one day,
Mr. Glaspie moved that rule 59 be suspended.
The motion prevailed.
The concurrent resolution was then considered and adopted.

A message was received from the House of Representatives transmitting
House bill No. 31 (file No. 91), entitled

A bill to make appropriations for the Michigan Employment Institution for the Blind for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes.

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 State Homes.

A message was received from the House of Representatives transmitting
House bill No. 35 (file No. 89), entitled

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

The message informed the Senate that the House of Representatives had passed tle bill.

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

A message was received from the House of Representatives transmitting
House bill No. 119 (file No. 87), entitled

A bill to amend chapter 2 of Act No. 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, pleadings, 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,” by adding thereto a new section after section 119, to stand as section 119-a.

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
House bill No. 144 (file No. 76), entitled

A bill to amend section 14 of sub-division 4 of chapter 1, part 3, 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."

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 Committe on Insurance.

A message was received from the House of Representatives transmitting
House bill No. 158 (file No. 92), entitled

A bill to amend section 1 of Act No. 185 of the Session Laws of 1863, entitled "An act to prevent the importation, running at large and sale of diseased sheep,” the same being section 7347 of the Compiled Laws of 1915, as last amended by Act No. 4 of the Public Acts of 1921.

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. 183 (file No. 85), entitled

A bill to repeal Act No. 270 of the Public Acts of 1911, entitled "An act to regulate the sale of poison and poisonous substances in this State,” being section 15155 of the Compiled Laws of 1915.

The message informed the Senate that the House of Representatives has passed the bill.

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

A message was received from the House of Representatives transmitting House bill No. 199 (file No. 86), entitled A bill to amend sections 1 and 2 of Act 9 of the Public Acts of 1897, entitled "An act to provide for the collection and publication of statistics of divorces in Michigan," the same being sections 5631 and 5632 of the Compiled Laws of 1915, as amended by Act No. 170, Public Acts of 1921.

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
House bill No. 213 (file No. 61), entitled

A bill to regulate the sale, disposition, distribution and possession of certain habit forming drugs; to provide a procedure for the discovery of evidence of the violation of this act and to provide for penalties for the violation hereof.

The message informed the Senate that the House of Representatives had passed the bill and had ordered that it be given immediate effect.

The bill was read a first and second time by its title and referred to the Com. mitte on Public Health.

Reports of Standing Committees.

Mr. Osborn submitted the following report:

The Committe on Conservation 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. 162, entitled

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

The following is the amendment recommended by the committee:

Strike out all after the enacting clause of the bill and insert in lieu thereof the following:

Sec. 1. There is hereby appropriated from the general fund for the Department of Conservation for the fiscal year ending June thirty, nineteen hundred twentyfour, the sum of seven hundred eight thousand dollars and for the fiscal year ending June thirty, nineteen hundred twenty-five, the sum of seven hundred eight thousand dollars, for the purposes and in the specific amounts as follows:

For fiscal year

For fiscal year ending June 30, ending June 30, 1924

1925 Personal Service

$381,475.00 $381,475.00 Supplies

32,275.00

32,275.00 Materials

21,150.00

21,150.00 Contractual Service

119,120.00

119,120.00 Outlay for Equipment

30,500.00

30,500.00 Outlay for Structures and Improvements

98,480.00

98,480.00 Outlay for Lands

25,000.00

25,000.00

.

$708,000.00

$708,000.00 Sec. 2. Each of said amounts shall be used solely for the specific purposes herein stated for the various activities of the Department of Conservation, as follows:

Land Water Geologi.
Forest Economic Power cal Fish State

Fires Forestry Survey Survey Survey Division Parks Lands Total Personal Service $245,760 $116,740 $42,700 $31,150 $44,500 $168,800 $ 54,800 $58,500 $ 762,950 Supplies

7,200 12,660 1,900 1,750 4,500 30,140 4,200 2,200 64,550 Contractual 135,540 9,400 3,000 13,000

9,700

43,600 10,000 14,000 238,240 Materials

4.000 6,000

1,300
20,200 10,800

42,300 Outlay for Structures.. 35,000

100,260 61,700

196,960 Outlay for Equipment.. 22,500 6,000 2,400 2,800 1,300 17,000 8,500 500 61,000 Outlay for Lands and Improvements

50,000

50,000

Total each division... $450,000 $150,800 $50,000 $50,000 $60,000 $380,000 $200,000 $75,200 $1,416,000

Sec. 3. In the above stated appropriations, the following amounts shall be spent for personal service, supplies, materials, contractual service, outlay for equipment, outlay for structures and improvements and outlay for lands for the fiscal year ending June thirty, nineteen hundred twenty-four and for the fiscal year ending June thirty, nineteen hundred twenty-five, for the operation, maintenance and other purposes for the following State Fish Hatcheries:

1924

1925 Mill Creek Station, Comstock Park

$18,000 $18,000 Oden Station, Oden

8,000

8,000 Paris Station, Paris

15,000 15,000 Drayton Plains Station, Drayton Plains

8,000

8,000 Bay Port Station, Bay Port .

4,000

4,000 Harrisville Station, Harrisville

10,000 10,000 Hastings Station, Hastings

7,000

7,000 Grayling Station, Grayling

8,000

8,000 Harriette Station, Harriette

8,000

8,000 Benton Harbor Station, Benton Harbor

8,000

8,000 Cherry Creek Station, Marquette .

8,000

8,000

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Sidnaw Station, Sidnaw .

8,000

8,000 Watersmeet Station, Watersmeet

8,000 8,000 Haakwood Station, Wolverine

8,000

8,000 Thompson Station, Thompson

8,000

8,000 Sault Ste. Marie Station, Sault Ste. Marie

8,000

8,000 Expense of Fish Car "Wolverine"

6,000

6,000 Expense for eggs-trout eggs

35,000 35,000 Overhead expense :

7,000 7,000

$190,000 $190,000 Sec. 4. There is also appropriated for each of said years for the use of said board, all of the fees or other moneys received by said department under the laws relating to fish and angler's license, and there is further appropriated for the use of said department all income derived from game licenses and fees for its use in the manner and for the purpose provided by the law for the years nineteen hundred twenty-four and nineteen hundred twenty-five: Provided further, That all amounts appropriated under this act shall be expended subject to the approval of the State Administrative Board.

Sec. 5. The amounts hereby appropriated shall be paid out of the State treasury, and the disbursing officer of the Department of Conservation shall render his accounts therefor, at such times and in such manner as is or may be provided by law.

Sec. 6. All fees or other moneys received by said Department of Conservation shall be forwarded to the State Treasurer each month and shall be by said Treasurer deposited in the state treasury to be disbursed in such manner and for such purposes as may be provided by law.

Sec. 7. The Auditor General shall incorporate in the state tax for the years nineteen hundred twenty-three and nineteen hundred twenty-four sufficient amounts to reimburse the general fund for the appropriations hereby made.

D. C. OSBORN,

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 on Finance and Appropriations under the rules.

Mr. Osborn submitted the following report:

The Committee on Conservation 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. 186, entitled

A bill to amend section 3 of Act No. 153 of the Public Acts of 1907, as amended by Act No. 245 of the Public Acts of 1921, entitled "An act to regulate and license fishing with tugs, launches, boats and nets in the waters bordering on this State," being section 7731 of the Compiled Laws of 1915.

The following is the amendment recommended by the committee:

In section 3, line 17, strike out the words "one hundred dollars" and insert "one dollar".

D. C. OSBORN,

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. Osborn submitted the following report:

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

House bill No. 207 (file No. 47), entitled

A bill to repeal Act No. 106 of the Public Acts of 1921, entitled "An act to pro vide for the protection of fish in Reed's lake and Fisk's lake in Kent county."

D. C. OSBORN,

Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

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