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The motion prevailed, two-thirds of all the Senators elect voting therefor.

Mr. Westover then moved to reconsider the vote by which the Senate, on March 27, ordered the above named bill to take immediate effect. The motion prevailed.

The question being on the motion that the bill be ordered to take immediate effect,

The motion did not prevail, two-thirds of all the Senators elect not voting therefor.

The following message from the House was also received and read: HOUSE OF REPRESENTATIVES, Lansing, April 12, 1901.

To the President of the Senate:

Sir I am instructed by the House to retransmit in accordance with the request of the Senate the following bill:

House bill No. 1000 (file No. 147), entitled

A bill to amend section 1 of Act No. 233 of the Session Laws of 1861, entitled "An Act to facilitate the commencement of suits against joint defendants residing in several counties," approved March 16, 1861, as subsequently amended, and being compiler's section 10010 of the Compiled Laws of 1897.

Very respectfully,

LEWIS M. MILLER,

Clerk of the House of Representatives.

Mr. Nichols moved to suspend rule 36, limiting the time within which a motion to reconsider a vote may be made.

The motion prevailed, two-thirds of all the Senators elect voting therefor.

Mr. Nichols then moved to reconsider the vote by which the Senate, on March 27, ordered the above named bill to take immediate effect. The motion prevailed.

The question being on the motion that the bill be ordered to take mediate effect,

The motion did not prevail, two-thirds of all the Senators elect not voting therefor.

Mr. Nichols then moved to reconsider the vote by which the Senate, on March 27, passed the above named bill.

The motion prevailed, a majority of all the Senators elect voting therefor.

The question being on the passage of the bill,

Mr. Nichols moved that the bill be referred to the Committee on Judiciary.

The motion prevailed.

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Senate bill No. 145 (file No. 58, enrolled No. 71);

Have been printed and have this day been presented to the Governor for his approval.

Very respectfully,
E. V. CHILSON,

Secretary of the Senate.

Mr. Holmes moved that the Senate adjourn.

The motion prevailed, the time being 11:30 o'clock a. m., and the President declared the Senate adjourned until Monday, April 15, at 9 o'clock p. m.

Lansing, April 15, 1901.

9 o'clock p. in.

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

The roll of the Senate was called by the Secretary.

The following Senators were present: Messrs. Baird, Bangham, Doherty, Earle, Farr, Fuller, Goodell, Holmes, Humphrey, Kelly, Lockerby, Loeser, Loomis, Moore, Murfin, Nichols, Nims, Palmer, Robson, Schumaker, Charles Smith, Gad Smith, Sovereign, Westover-24.

The following Senators were absent with leave: Messrs. Cannon, High -2.

The following Senators were absent without leave: Messrs Atwood, Helme, McMullen, Pierson, Sleeper, Weekes-6.

Mr. Holmes moved that leave of absence be granted to the absentees from today's session.

The motion prevailed.

MESSAGES FROM THE GOVERNOR.

The following message from the Governor was received and read:

EXECUTIVE OFFICE,
Lansing, April 15, 1901.

To the Forty-first Legislature of the State of Michigan:

Gentlemen-It is provided by section 20 of article 4 of the Constitution that: "No Public Act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, unless the Legislature shall otherwise direct, by a two-thirds vote of the members elected to each house."

I have received 73 general Acts, to 44 of which an immediate effect order was attached; 180 Local Acts, 169 of which were directed to take immediate effect, and one, Ypsilanti charter amendments, that by virtue of being ordered to take effect May 1, 1901, will become operative

26 days after approval. Altogether there have been received 253 Acts, of which number 213 have been ordered to take immediate effect.

I deem it my duty to bring to your attention a practice which I believe is an evil. It was clearly the intent of the framers of the Constitution that laws should not be given immediate effect unless in the judgment of the Legislature there were conditions existing which might be construed as in the nature of an emergency. It this were not true, a two-thirds vote of the members elected would not have been made obligatory. In the language of the Supreme Court, "The purpose of this provision was to give the people time and opportunity to learn what changes were to be made in the law before those changes should come into operation."

To interject a new law without notice into the working of those already on the statute books is hardly to be defended unless required by an emergency. I do not question that circumstances may exist requiring that a law should take effect previous to the expiration of the 90 day period after the close of the session, and in such instances, if the emergency is not immediate, I suggest that a date be fixed when the law shall become operative, say 30 or 60 days after approval. I am aware that giving an Act immediate effect is many times construed as in the nature of a courtesy to the member who fathers the bill but there is something beyond this--the rights of the people. Springing a new law, almost without warning, upon the mass of the people, is not fair.

I urge a return to the practice contemplated by the Constitution, giving immediate effect only to such measures as are absolutely necessary. In legislation of a semi-emergency nature, fix a day far enough ahead when the Act shall take effect to allow the law to be digested and permit its machinery to operate with as little friction as possible. All other Acts in my judgment should not take effect until the time contemplated by the organic law of the State.

Very respectfully,

A. T. BLISS,
Governor.

PRESENTATION OF PETITIONS.

No. 256. By Mr. Bangham: Petition of H. W. Cavanaugh and 38 other citizens of Homer, asking for the passage of House bill No. 25, relative to garnishment proceedings.

The petition was referred to the Committee on Judiciary.

No. 257. By Mr. Kelly: Protest of Wm. A. Campbell and 20 other physicians of Muskegon, against any change in the existing medical laws.

The protest was referred to the Committee on Public Health.

REPORTS OF STANDING COMMITTEES.

By the Committee on Public Health:

The Committee on Public Health, to whom was referred

Senate bill No. 533 (file No. 117), entitled

A bill to amend sections 3, 13 and 14 of Act No. 193 of Session Laws

of 1895, approved May 22, 1895, entitled "An Act to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of articles of food and drink," as amended by Act No. 118 of Session Laws of 1897, approved May 7, 1897, as further amended by Act No. 117 of the Session Laws of 1899, approved June 15, 1899;

Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate, with the accompanying substitute therefor, entitled

A bill to amend sections 13 and 14 of Act 193 of the Public Acts of 1895, entitled "An Act to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of articles of food and drink,” approved May 22, 1895, being sections 5022 and 5023, of the Compiled Laws of 1897;

Recommending that the substitute be concurred in, and the substitute do pass, and ask to be discharged from the further consideration of the subject.

FRED F. SOVEREIGN,

Chairman.

The report was accepted and the committee discharged. Mr. Sovereign moved that the Senate concur in the adoption of the substitute reported by the committee.

The motion prevailed.

The bill was ordered printed, referred to the committee of the whole and placed on the general order.

By the Committee on Judiciary:

The Committee on Judiciary, to whom was referred

Senate bill No. 303, entitled

A bill to amend chapter 9 of an Act 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 relating thereto," being Act No. 254 of the Public Acts of 1897, approved June 2, 1897, and amended by Act No. 274 of the Public Acts of 1899, approved June 23, 1899, by adding thereto a new section to stand as section 14 of said chapter;

Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate without amendment and recommend that it do pass, and ask to be discharged from the further consideration of the same.

GEO. E. NICHOLS,

Chairman.

The report was accepted and the committee discharged. Mr. Baird moved that the rules be suspended, and that the bill be placed on its immediate passage.

The motion prevailed, two-thirds of all the Senators present voting therefor.

The bill was then read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows:

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The question being on agreeing to the title,

Mr. Baird moved to amend the title so as to read as follows: A bill to amend chapter 9 of an Act, 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 relating thereto," being Act No. 254 of the Public Acts of 1897, approved June 2, 1897, and amended by Act No. 272 of the Public Acts of 1899, approved June 23, 1899, by adding thereto a new section to stand as section 14 of said chapter, so that the provisions of this Act shall apply to Saginaw county.

The motion prevailed, and the title was so amended.

The title, as amended, was then agreed to.

Mr. Baird moved that the bill be given immediate effect.

The motion prevailed, two-thirds of all the Senators elect voting therefor.

By the Committee on Cities and Villages:

The Committee on Cities and Villages, to whom was referred
House bill No. 559, entitled

A bill to amend sections 57 and 61 of chapter 7, sections 6, 7, 8, 9 and 10 of chapter 10, sections 1, 34, 35, 36, 37, 42 and 43 of chapter 11, and section 11 of chapter 15, of the Session Laws of 1883, entitled "An Act to provide a charter for the City of Detroit, and to repeal all Acts and parts of Acts in conflict therewith," approved June 7, 1883, and to repeal sections 58 and 63 of chapter 7, and section 18 of chapter 20 thereof;

Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate, with the accompanying amendments thereto, recommending that the amend ments be concurred in, and that the bill when so amended do pass, and ask to be discharged from the further consideration of the subject. R. B. LOOMIS,

Chairman.

The report was accepted and the committee discharged. Mr. Loomis moved that the Senate concur in the amendments made to the bill by the committee.

The motion prevailed.

Mr. Murfin moved that the rules be suspended and that the bill be placed on its immediate passage.

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