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House bill No. 266 (file No. 158), entitled

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

Senate bill No. 289 (file No. 244), entitled

A bill to amend section 7 of chapter 2 of Act No. 164 of the Public Acts of 1881, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section 5654 of the Compiled Laws of 1915.

The bills were placed on the order of Third Reading of Bills.

The Committee of the whole, through its Chairman, reported back to the Senate, favorably and with amendments, the following entitled bill:

House bill No. 223 (file No. 45), entitled

A bill to amend sections 4 and 5 of Act No. 279 of the Public Acts of 1909. entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being sections 3307 and 3308 of the Compiled Laws of 1915, as amended by Act No. 5 of the Public Acts of the Second Extra Session of 1921.

The following are the amendments recommended by the Committee of the Whole:

(1) Strike out enacting Section 1 as amended and insert a new enacting section to read as follows:

Section 1. Sections 4 and 5 of Act No. 279 of the Public Acts of 1909, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being sections 3307 and 3308 of the Compiled Laws of 1915, as amended by Act No. 5 of the Public Acts of the Second Extra Session of 1921, are liereby amended and two new subdivisions are added to Section 4 thereof to be known as subdivisions (y) and (z), to read as follows:

(2) Page 3, line 34, after the word “indebtedness," strike out the colon and insert a period, and strike out the following: “Providing that the amount of money which may be borrowed for any such public utility purposes on the credit of a city having a population of one hundred thousand or more, as appears by the last United States census, shall be in a sum not to exceed two per centum of the assessed value of all the real and personal property in the city."

(3) Section 5, line 291, after the word "law," insert the following: “Sec. 5. No city shall have power:

(a) To increase the rate of taxation now fixed by law, unless the authority to do so shall be given by a majority of the electors of said city voting at the election at which said proposition shall be submitted, but the increase in any case shall not be such as to cause such rate to exceed two per centum of the assessed value of the real and personal property in such city;

(b) To submit to the electors a charter oftener than once in every two years, nor unless it shall be filed with the city clerk ninety days before the election: Provided, however, That this provision shall not apply to the submission and resubmission of charters of cities which may be incorporated under this act until they shall have first adopted a charter: Provided, further, That where a city shall have submitted to the electors a charter, and said charter has been adopted by the electors, and said city has operated under said charter, and which said charter had not, at the time said charter was adopted been on file with the city clerk ninety days, as provided herein, then in such case the legislative body of such city, operating under said charter, may, upon its giving such notice of election provided in said charter resubmit to the electors, at any special or general election, such charter and which if adopted by the electors shall be deemed operative and effective as of the date of the first submission and adoption: Provided, That such charter shall not be resubmitted unless ninety days shall have elapsed between the date of the filing of said charter and the date of the election at which said charter shall be resubmitted.

(c) To call more than two special elections within one year: Provided, however, That this prohibition shall not apply to elections which may be held in the submission and re-submission of charters of cities which may be incorporated under this act until they shall have first adopted a charter, and shall not apply to election which may be held in the resubmission of a charter once adopted as provided in sub-division (b) of this section.

(a) To change the salary or emoluments of any public official after his election or appointment or during his term of office; nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he resign or be removed for cause where such office is held for a fixed term.

(e) To adopt a charter or any amendment thereto, unless approved by a majority of the electors voting thereon; to sell any property of a value in excess of $2.00 per capita according to the last preceding United States census, or any park, cemetery * * * or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front, or engage in any business enterprise requiring an investment of money in excess of ten cents per capita or authorize any issue of bonds except special assessment bonds, refunding bonds, and emergency bonds as defined by this act and bonds that it is annually authorized to issue, unless approved by three-fifths of the electors voting thereon at any general or special election: Provided, That on the sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire the bonds issued for such utility.

(f) To make any contract with, or give any official position to one who is in default to the city;

(g) To issue any bonds without providing a sinking fund to pay them at maturity, (except as provided in section four, subdivisions (y) and (2) hereof), but no sinking fund shall be required in the case of serial bonds which fall due annually;

(h) To repudiate any debt by any change in its charter or by consolidation with any other municipality;

(i) To submit a franchise to the electors at a special election, unless the expense of holding the election, as determined by the legislative body, shall be paid in advance by the grantee in said franchise to the City treasurer.

The Senate agreed to the amendments recommended by the Committee of the Whole and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole, through its Chairman, reported back to the Senate, favorably and with amendment, the following entitled bill:

Senate bill No. 281 (file No. 291), entitled

A bill to amend sections 10, 11, 12, 13, 15 and 16 of chapter 81 of the Revised Statutes of 1846, entitled “Fraudulent conveyances and contracts relating to personal property,” being sections 11988, 11989, 11990, 11991, 11993 and 11994 of the Compiled Laws of 1915.

The following is the amendment recommended by the Committee of the Whole:

Section 10, line 28, after the word “renewal”, strike out the remainder of the section.

The Senate agreed to the amendment rcommended by the Committee of the Whole and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole, through its Chairman, reported back to the Senate, favorably and with amendment, the following entitled bill:

Senate bill No. 213 (file No. 171), entitled

A bill to provide for the establishment and maintenance of courts of record in certain counties of this State, and designated as the Superior Courts; and defining the jurisdiction of such courts, powers and duties thereof; to fix the number of judges thereof; to provide a presiding judge; to define the privileges of such presiding judge; to modify the procedure in and classify the actions therein; and to provide for abolishing of certain statutory courts not of record having civil jurisdiction in such counties, in which the provisions of this act become operative, and the vesting of the jurisdiction thereof in the court hereby created.

The following is the amendment recommended by the Committee of the Whole: Section 1, line 3, after the word "of,” strike out 250,000 and insert in lieu thereof 65,000.

The Senate agreed to the amendment recommended by the Committee of the Whole and the bill as amended was placed on the order of Third Reading of Bills.

Leaves of Absence

Senators Johnson and Riopelle asked and were granted leaves of absence until Thursday, April 19.

Mr. Connelly moved that when the Senate adjourns today it stand adjourned until tomorrow, Wednesday, April 18, at 1:15 o'clock p. m. The motion prevailed. Mr. Connelly moved that the Senate adjourn. The motion prevailed, the time being 4:24 o'clock p. m.

Accordingly, and in pursuance of the order previously made, the President de clared the Senate adjourned until tomorrow, Wednesday, April 18, 1923, at 1:15 o'clock p. m.

DENNIS E. ALWARD,

Secretary of the Senate.

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