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JOURNAL OF THE SENATE

NUMBER SIXTY-NINE.

Senate Chamber, Lansing, Thursday, April 21, 1921. 10:00 o'clock a. m.

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

Religious exercises were conducted by the Rev. C. W. Kemper, of the First Baptist Church of Lansing.

The roll of the Senate was called by the Secretary.

Present: Senators Amon, Baker, Bolt, Brower, Bryant, Clark, Condon, Davis, Engel, Hamilton, Hicks, Johnson, McArthur, McNaughton, McRae, Osborn, Penney, Phillips, Riopelle, Ross, Sink, Smith (2nd dist.), Smith (11th dist.), Tufts, Vandenboom, Wilcox and Wood-27; a quorum.

Absent with leave: Senators Forrester, Hayes, Henry and Lemire 4.

Absent without leave: Senator Eldred-1.

Mr. Condon moved that Mr. Eldred be excused from today's session.
The motion prevailed.

Presentation of Petitions.

Petition No. 645. By Mr. McRae. Petition of Ralph Johnson and 53 others of Turner, favoring the passage of Senate bill No. 179, to provide pecuniary assistance for the blind.

The petition was referred to the Committee on Judiciary.

Acts Enrolled and Presented to Governor.

The Secretary announced the enrollment printing and the presentation to the Governor on April 21st, for his approval, of the following named acts:

Senate enrolled act No. 28 (being Senate bill No. 6, file No. 84).

An act to amend the title and sections 1, 3, 4, 8, 9, 12, 14, 16, 17, 18, 19 and 20 of Act No. 226 of the Public Acts of 1917, as amended, entitled "An act to provide for the establishment of rural agricultural schools by consolidating three or more rural schools in any school or township district; for the organization of school districts in certain cases; for teaching agriculture, manual training and home economics therein, and providing State aid for the maintenance thereof," and to repeal section 13 thereof.

Senate enrolled act No. 29 (being Senate bill No. 18, file No. 19).

An act to amend section 7 of Act No. 6 of the Public Acts of the Extra Session of 1907, entitled "An act to define and to regulate the treatment and control of dependent, neglected and delinquent children, to prescribe the jurisdiction of the probate court, and the powers, duties and compensation of the probate judge and the probate register with regard thereto; to provide for the appointment of county agents, register of the juvenile division and probation officers, and to prescribe their powers, duties and compensation and to provide for the granting

of re-hearings and modifications of orders, sentences and decrees of said court," being section 2017 of the Compiled Laws of 1915.

Senate enrolled act No. 30 (being Senate bill No. 59, file No. 56).

An act to provide an additional appropriation for the erection, construction and equipment of a State office building in the City of Lansing and to provide a tax to meet the same.

Messages from the House.

A message was received from the House of Representatives transmitting
House Concurrent Resolution No. 21—

A resolution requesting the State Administrative Board to sell and dispose of intoxicating liquors seized because of a violation of any State law.

Resolved by the House of Representatives (the Senate concurring), That the State Administrative Board be, and hereby is, requested to sell and dispose of, for purposes not prohibited by State or national laws, and as now provided by law, any and all intoxicating liquors seized or held by any State official or employe because of any violation of State laws.

The message informed the Senate that the House of Representatives had adopted the concurrent resolution; in which action the concurrnce of the Senate was requested.

Pursuant to rule 59, it was ordered that the resolution lie over one day.

A message was received from the House of Representatives transmitting
House bill No. 68 (file No. 287), entitled

A bill to amend Chapter 2 of part 4 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," by adding to said chapter one new section to stand as section 17 thereof.

The message informed the Senate that the Hopse of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Insurance.

A message was received from the House of Representatives transmitting
House bill No. 87 (file No. 281), entitled

A bill to make appropriations to further organize and carry out the plans of the United States Boys' Working Reserve; to regulate the expenditure of such appropriations and to provide a tax to meet the same,

The message informed the Senate that the House of Representatives had passed the bill and had ordered that it be given immediate effect; in which action the concurrence of the Senate was requested.

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

A message was received from the House of Representatives transmitting
House bill by 248 (file No. 270), entitled

A bill making it a misdemeanor for any person, other than the owner, or his agent, to knowingly remove identification marks on rental storage batteries, or sell or otherwise dispose of except to the owner or his agent, rental storage batteries, or recharge same rental storage batteries, and defining rental storage batteries.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Highways.

A message was received from the House of Representatives transmitting
House bill No. 249 (file No. 289), entitled

A bill to amend section 15 of chapter 30 of Act No. 314 of the Public Acts of 1915, entitled "An act to revise and consolidate the statutes relating to the or

ganization 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; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of the act; an to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being section 13243 of the Compiled Laws of 1915.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

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. 273 (file No. 288), entitled

A bill to amend section 20 of chapter 10, sections 1 and 3 of chapter 13, section 5 of chapter 14 and section 11 of chapter 20 of Act No. 203 of the Public Acts of 1917, entitled "An act to provide for the holding of elections, to prescribe the manner of conducting, and to regulate elections to prevent fraud and deception in the conducting of elections and to guard against abuses of the elective franchise," as amended by Act No. 266 of the Public Acts of 1919.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Elections.

A message was received from the House of Representatives transmitting
House bill No. 275 (file No. 208), entitled

A bill to amend sections 5 and 6 of Act No. 147 of the Public Acts of 1891, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being sections 5881 and 5882 of the Compiled Laws of 1915.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Education.

A message was received from the House of Representatives transmitting House bill No. 315 (file No. 245), entitled

A bill to amend sections 16, 17, 18, 19, 41, 42 and 43 of Act No. 281 of the Public Acts of 1909, entitled "An act relative to nomination of party candidates for public office and delegates to political conventions, to regulate primary elections and to prescribe penalties for violations of its provisions and to provide for the printing upon election ballots of the names of candidates nominated under the terms of this Act and to repeal Act No. 4 of the Public Acts of the extra session of the year 1907, and all local primary election acts contravening the provisions of this act, except as in this act otherwise provided," as amended, being compilers' sections 3525, 3526, 3527, 3528, 3550, 3551 and 3552 of the Compiled Laws of 1915, as amended by Act No. 400 of the Public Acts of 1919.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Elections.

A message was received from the House of Representatives transmitting House bill No. 339 (file No. 294), entitled

A bill to define the cases which shall be known as coroner's cases in counties having a population of 250,000 inhabitants and upwards; to provide for the disposition of unclaimed funds and effects taken from the person of known or unknown deceased persons; to provide a penalty for the unlawful removal of bodies coming under the provisions of this act; prescribing the manner in which jurors shall be sworn for the purpose of holding inquests; and to repeal all general, special and local acts contravening the provisions of this act.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

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. 352 (file No. 252), entitled

A bill to amend section 6 of Act No. 9 of the Public Acts of Michigan of the extra session of 1919, entitled "An act to provide for the consolidation of school districts which are within the limits of any incorporated city."

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Education.

A message was received from the House of Representatives transmitting House bill No. 357 (file No. 254), entitled

A bill to repeal Act No. 421 of the Public Acts of 1919, entitled “An act to provide for the vocational and general education of employed and other minors under eighteen years of age who have ceased to attend all-day schools."

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Education.

A message was received from the House of Representatives transmitting House bill No. 391 (file No. 275), entitled

A bill to amend sections 1, 2, 10 and 11 of Act No. 350 of the Laws of 1865, entitled "An act to protect fish and to preserve the fisheries of this State." The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Fisheries and Gaming Interests.

A message was received from the House of Representatives transmitting House bill No. 395 (file No. 290), entitled

A bill to prescribe the duties of an owner or occupant of lands, upon which excavations are made, in reference to the furnishing of lateral and subjacent support to adjoining lands and structures thereon; and to fix remedies for the violation thereof.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. 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. 401 (file No. 286), entitled

A bill to amend section 7 of Act No. 50 of the Public Acts of 1887, entitled "An act to provide for the incorporation and regulation of certain corporations generally known as building and loan associations," as amended, being section 10001 of the Complied Laws of 1915.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested. The bill was read a first and second time by its title and referred to the Committee on Banks and Corporations.

A message was received from the House of Representatives transmitting
House bill No. 441 (file No. 269), entitled

A bill to repeal Act No. 265 of the Public Acts of 1913, entitled "An act to provide for the organization of a Joint Penology Commission, to fix its powers and duties, make an appropriation therefor; and repeal section 34 of Act No. 118 of the Public Acts of 1893, entitled 'An act to revise and consolidate the laws relative to the State Prison, to the State House of Correction and Branch of the State Prison in the Upper Peninsula and to the House of Correction and Reformatory at Ionia, and the government and discipline thereof, and to repeal all acts inconsistent therewith,' being compilers' section 2113 of the Compiled Laws of 1897," being sections 1765 to 1780, both inclusive, of the Compiled Laws of 1915.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

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

A message was received from the House of Representatives transmitting
House bill No. 448 (file No. 291), entitled

A bill to provide for the compromise, settlement or adjustment of any contest of the probate of any instrument propounded for probate as the last will of a deceased person or of any controversy arising concerning the interpretation, effect or validity of any such instrument, or arising in the administration of an estate under a will or under a trust created by a will, when there is or may be any person interested who is a minor or otherwise without legal capacity to act in person or whose present existence or whereabouts cannot be ascertained or when there is any inalienable estate or interest or future contingent estate or interest which will or may be affected by such compromise, settlement or adjustment.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

The bill was read a first and second time by its title and referred to the Committee of Judiciary.

A message was received from the House of Representatives transmitting
House bill No. 456 (file No. 241), entitled

A bill to amend sections 1 and 10 of chapter 3, and section 3 of chapter 4, and section 1, of chapter 8, and section 15 of chapter 9, of Act No. 254 of the Public Acts of 1897, entitled "An act to provide for the construction and maintenance of drains. and assessments and collection of taxes therefor, and to repeal all other laws relative thereto," being sections 4880, 4881, 4889, 4904, 4939, 4940 and 4964 of the Compiled Laws of 1915, as amended.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

The bill was read a first and sectond time by its title and referred to the Committee on Drainage.

A message was received from the House of Representatives transmitting
House bill No. 459 (file No. 285), entitled

A bill to amend section four of Act number two hundred five of the Public Acts of eighteen hundred eighty-seven, entitled: "An act to revise the laws authorizing the business of banking and to establish a banking department for the supervision of such business," being section seven thousand nine hundred seventy of the Compiled Laws of nineteen hundred fifteen, as amended by Act number two hundred ninety-nine of the Public Acts of nineteen hundred seventeen."

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

The bill was read the first and second time by its title and referred to the Committee on Banks and Corporations.

A message was received from the House of Representatives transmitting
House Bill No. 462 (file No. 304), entitled

A bill to amend section 33 of Act No. 118 of the Public Acts of 1893, entitled "An act to revise and consolidate the laws relative to the State Prison, to the State House of Correction and Branch of the State Prison in the Upper Peninsula, and to the House of Correction and Reformatory at Ionia, and the government and discipline thereof, and to repeal all acts inconsistent therewith," being section 1732 of the Compiled Laws of 1915.

The message informed the Senate that the House of Representatives had passed the bill; in which action the concurrence of the Senate was requested.

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

A message was received from the House of Representatives transmitting
House bill No. 463 (file No. 305), entitled

A bill to amend sections 1, 2 and 3 of Act No. 184 of the Public Acts of 1905, entitled "An act to provide for the indeterminate sentence as a punishment for crime upon the conviction thereof, and for the detention and release of persons

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