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JOURNAL OF THE SENATE

NUMBER SEVENTY-FIVE.

Senate Chamber, Lansing, Friday, April 29, 1921. 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. J. W. Esveld, of the Michigan Ave. Methodist Church, of Lansing.

The roll of the Senate was called by the Secretary.

Present: Senators Amon, Baker, Bolt, Brower, Bryant, Clark, Condon, Davis, Eldred, Engel, Forrester, Hamilton, Henry, Hicks, Johnson, McArthur, McNaughton, McRae, Osborn, Penney, Phillips, Riopelle, Ross, Sink, Smith (2nd dist.), Smith (11 dist.), Tufts, Vandenboom, Wilcox and Wood-30; a quorum.

Absent with leave: Senators Hayes and Lemire-2.

By unanimous consent,

Mr. Hicks moved that rule 27 be suspended for the remainder of the session. The motion prevailed.

Mr. Baker moved that the Senate take a recess for ten minutes and that former Lieutenant-Governor Archibald Butters be invited to address the Senate. The motion prevailed.

The president appointed Mr. Baker and Mr. Henry to escort Mr. Butters to the chair.

During the recess former Lieutenant-Governor Archibald Butters addressed the Senate.

The Senate re-convened at the expiration of the recess.

A quorum of the Senate was present.

Messages from the House.

A message was received from the House of Representatives returning:
Senate bill No. 131 (file No. 247), entitled

A bill to make appropriations for the State Board of Corrections and Charities for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House of Representatives had appointed Representatives Hopkins, Byrum and Watson as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning:
Senate bill No. 134 (file No. 109), entitled

A bill to make appropriations for the Michigan State Board of Dental Examiners for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House had appointed Representatives Braman, Byrum and Watson as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning:
Senate bill No. 147 (file No. 245), entitled

A bill to make appropriations for the Board of State Tax Commissioners for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House had appointed Representatives Braman, Byrum and Watson as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning:
Senate bill No. 24 (file No. 242), entitled

A bill to make appropriations for the Michigan Reformatory for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message further informed the Senate that the House had appointed Representatives Wells, Olmsted and Byrum as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning: Senate bill No. 27 (file No. 243), entitled

A bill to make appropriations for the Michigan Home and Training School for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House had appointed Representatives Braman, Watson and Byrum as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning:
Senate bill No. 31 (file No. 258), entitled

A bill to make appropriations for the Michigan Soldiers' Home for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House had appointed Representatives Wells, Byrum and Hopkins as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning:
Senate bill No. 38 (file No. 259), entitled

A bill to make appropriations for the Kalamazoo State Hospital for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House had appointed Representatives Olmsted, Farrier and Watson as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning:
Senate bill No. 176 (file No. 121), entitled

A bill to provide for the establishment in cities and villages of districts or zones within which the use of land and structures, the height, the area, the size and location of buildings may be regulated by ordinance, and within which districts regulations shall be established for the light and ventilation of such buildings; and within which districts or zones the density of population may

be regulated by ordinance; to provide for the administering of this act; to provide for amendments, supplements or changes hereto; to provide for conflict with the State housing code or other acts, ordinances or regulations, to provide penalties for the violation of the terms hereof and to give immediate effect hereto.

The message informed the Senate that the House had ordered that the bill be given immediate effect.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

A message was received from the House of Representatives returning:
Senate bill No. 158 (file No. 177), entitled

A bill to provide for the determination of the natural height and level of the waters in navigable inland lakes of this State, and to maintain such waters at their natural height and level for the purpose of protecting fish or the public health or welfare or to improve navigation; to build dams and embankments and to provide for acquiring by gift, grant, or condemnation proceedings lands and other property; to authorize the raising of money by taxation and by special assessments for the purposes hereof; and to repeal Act No. 202 of the Public Acts of 1911, entitled "An act to authorize boards of supervisors in certain counties to determine the natural height and level of the waters in navigable inland lakes; to maintain the waters in navigable inland lakes at their natural height and level; to build dams and embankments and acquire for such purposes by condemnation, or otherwise, lands, easements or other property; to appropriate moneys therefor; and to assess the expenses of such improvements on property benefited thereby," the same being sections 7377 to 7403 inclusive of the Compiled Laws of 1915.

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

Amend by striking out of line 4 of section 3 the word "And.".

Amend by striking out of line 2 of section 1 the words "or major part." Amend by adding at the end of line 8 of section 1 the following: "Provided, That when the waters of any inland lake are situated in two or more counties, the natural height and level of the waters of such lake may be determined in the same manner and with the same effect as the waters of any lake lying wholly within one county if the several boards of supervisors of all the counties within which such lake may be situated shall agree in their determination of the height and level of such waters.

Amend by striking out of lines 3, 4 and 5 of section 3 the words "county in which the major part of the waters of said lake lies" and insert in lieu thereof the following: "several counties in which said lake lies."

Pending the taking of the vote in concurring in the amendments made by the House of Representatives,

Mr. McArthur moved that the bill be laid on the table.

The motion prevailed.

A message was received from the House of Representatives returning:
Senate bill No. 213 (file No. 163), entitled

A bill to provide for the appointment of a Public Administrator; to define his powers and duties, and to provide an appropriation therefor.

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

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

A message was received from the House of Representatives returning:
Senate bill No. 8 (file No. 9), entitled

A bill to amend sections 25 and 27 of Act No. 278 of the Public Acts of 1909, entitled, "An act to provide for the incorporation of villages and for changing their boundaries," being sections 2867 and 2869 of the Compiled Laws of 1915. The message informed the Senate that the House of Representatives had passed the bill and had ordered that it be given immedate effect.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

A message was received from the House of Representatives returning:
Senate bill No. 277 (file No. 237), entitled

A bill to amend sections 28, 30 and 35 of Chapter 12 of the Revised Statutes of 1846, entitled "The Attorney General," being sections 132, 134 and 139 of the Compiled Laws of 1915.

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 returning:
Senate bill No. 234 (file No. 178), entitled

A bill prescribing general rules governing appropriations.

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

Amend by striking out all of section 2.

The message informed the Senate that as thus amended the House of Representatives had passed the bill.

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 not having voted in favor thereof, The Senate non-concurred in the amendment made to the bill by the House of Representatives.

A message was received from the House of Representatives returning:
Senate bill No. 30 (file No. 257), entitled

A bill to make appropriations for the Ionia State Hospital for the fiscal years ending June 30, 1922, and June 30, 1923, for maintenance, operation and other specific purposes.

The message informed the Senate that the House of Representatives had appointed Representatives Wells, Hopkins and Farrier as conferees.

The bill was referred to the Conference Committee.

A message was received from the House of Representatives returning
Senate bill No. 225 (file No. 215), entitled

A bill to amend Act No. 294 of the Public Acts of 1913, entitled "An act to provide for the licensing and regulating the business of transient merchants to prevent fraudulent sale of goods by such transient merchants; to provide a lien on the goods of such transient merchants for the license fees prescribed, and to provide penalties for the violation thereof," being sections 7001 to 7009 inclusive, of the Compiled Laws of 1915, by adding thereto two new sections to stand as sections 10 and 11.

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 returning
Senate bill No. 3 (file No. 3), entitled

A bill to amend section 6 of chapter 1 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 12011 of the Compiled Laws of

1915.

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 returning
Senate bill No. 278 (file No. 238), entitled

A bill to amend section 2 of Act No. 196 of the Public Acts of 1917, entitled "An act to authorize proceedings for the discovery of crime, and to provide penalties for a violation of such procedure.

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 returning
Senate bill No. 286 (file No. 263), entitled

an

A bill to amend sections 1, 4, 6, 9 and 14 of Act No. 46 of the Public Acts of 1915, entitled "An act to prevent fraud in the sale and disposition of stocks, bonds or other securities sold or offered for sale within the State of Michigan by any dealer, firm, company, association or corporation, foreign or domestic, by requiring an inspection of such stocks, bonds or other securities, and inspection of the business of such persons, firms, companies, associations or corporations, including dealers and agents, and such regulation and supervision of the business of said persons, firms, companies, associations or corporations, including dealers and agents, as may be necessary to prevent fraud in the sale within the State, of any stocks, bonds or other securities, and to provide a penalty for the violation thereof, and to repeal Act No. 143 of the Public Acts of 1913, approved May 2, 1913, and all other acts or parts of acts inconsistent herewith," being sections 11945, 11948, 11950, 11953 and 11958 of the Compiled Laws of 1915, and to add a new section thereto to stand as 1-a.

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

Amend by inserting in line 39 of section 9, after the word "Secretary," the following words:

"The words "The commission does not recommend the purchase of this security' shall be printed in type two sizes larger than any other part of said certificate, and in case said certificate or the fact that said commission has approved said security is printed or published in any circular, pamphlet or newspaper, the words "The commission does not recommend the purchase of this security' shall be printed in type two sizes larger than the type in which the statement of fact that such security has been approved by said commission appears."

The message further informed the Senate that the House of Representatives had given the bill immediate 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 ot .Representatives.

Ön motion of Mr. Ross, two-thirds of all the Senators-elect voting therefor, The bill was given immediate effect.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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