The title of the bill was agreed to. Mr. Cartier moved that the bill be ordered to take immediate effect for the reason that the bill comes under the provisions of section 21 of Article V of the Constitution of the State of Michigan, which provides "that the Legislature may give immediate effect to acts immediately necessary for the preservation of the public peace, health or safety." The motion prevailed and the bill was ordered to take immediate effect, two-thirds of the Senators-elect voting therefor. Unanimous consent being obtained, Mr. Freeman moved to take from the table A bill to provide for clerks for justice courts in cities of over twentyfive thousand inhabitants. The motion prevailed. The question being on receiving the following pending amendment to the bill offered yesterday by Mr. Freeman : By inserting after the word "court" in the proviso at the end of section 4 of the following words "presided over by a municipal judge;" Mr. Freeman withdrew the amendment. The question being on the passage of the bill, Mr. Freeman moved to amend the bill as follows: 1. By inserting in line 1 of section 1 after the word "thousand" the words "and under one hundred thousand." 2. By striking out of section 4 the following proviso: "Provided, that this act shall not apply to any municipal court now governed by any special act." The question being on receiving the amendments. The amendments were received, a majority of the Senators-elect voting therefor. The amendments were then adopted. The question being on the passage of the bill, The bill was then passed, a majority of the Senators-elect voting therefor, by yeas and nays, as follows: The question being on agreeing to the title, Mr. Freeman moved to amend the title so as to read as follows: five thousand and under one hundred thousand inhabitants, where the justices of the peace are paid a salary. The motion prevailed, and the title of the bill was so amended. Unanimous consent being obtained, Mr. Miller moved to take from the table House substitutes for House bills Nos. 419, 247 and 259 (file No. 216), entitled A bill to amend sections 8 and 17, and add a new section to be known as section 40 of Act No. 313 of the Public Acts of 1887, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act," as amended by Act No. 291 of the Public Acts of 1909, entitled "An act to amend the title and sections 1, 2, 4, 5, 6, 7, 8 and 17 of Act No. 313 of the Public Acts of 1887, entitled 'An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act,' as amended, said sections being compiler's sections 5379, 5380, 5382, 5383, 5384, 5385, 5386 and 5395 of the Compiled Laws of 1897, and to further amend said act by adding five new sections thereto to stand as sections 35, 36, 37, 38 and 39." The motion prevailed. The question being on the passage of the bill, Mr. Miller moved to amend the bill by inserting in line 1, of section 1, after the word "sections" the figure "2." The question being on receiving the amendment, The amendment was received, a majority of the Senators-elect voting therefor. The amendment was then adopted. The question then being on the passage of the bill, Mr. Taylor moved to amend the bill as follows: By adding a new section to the bill to stand as section 2, and to read as follows: Sec. 2. Retail dealers of spirituous or intoxicating liquors, and brewed, malt and fermented liquors shall be held and deemed to include all persons who sell any of such liquors by the drink and in quantities of less then three gallons at any one time to any person or persons. Wholesale dealers shall be held and deemed to mean and include all persons who sell or offer for sale such liquors as beverages at wholesale in original sealed trade packages and not to be drunk on the premises: (Provided, however, That it shall be unlawful for any person, firm or corporation to engage in the wholesale liquor business in any township, village or city of less than two thousand population to sell in quantities of less than three gallons.) No tax imposed under this act shall be required from any person for selling any wine or cider made from fruits grown and gathered in this State, unless such wine or cider is sold by the drink as other beverages are. The question being on receiving the amendment, The amendment was received, a majority of the Senators-elect voting therefor. The amendment was then adopted. The question being on the passage of the bill, The bill was then passed, a majority of the Senators-elect voting therefor, by yeas and nays, as follows: Mr. Miller moved to amend the title so as to read as follows: A bill to amend sections 2, 8 and 17, and add a new section to be known as section 40 of Act No. 313 of the Public Acts of 1887, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act," as amended by Act No. 291 of the Public Acts of 1909, entitled "An act to amend the title and sections 1, 2, 4, 5, 6, 7, 8 and 17 of Act No. 313 of the Public Acts of 1887, entitled 'An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act,' as amended, said sections being compiler's sections 5379, 5380, 5382, 5383, 5384, 5385, 5386 and 5395 of the Compiled Laws of 1897, and to further amend said act by adding five new sections thereto to stand as sections 35, 36, 37, 38 and 39." The motion prevailed, and the title of the bill was so aménded. Unanimous consent being obtained, Mr. F. D. Scott moved to discharge the committee of the whole from the further consideration of House bill No. 49 (file No. 302), entitled A bill to provide for the location of a normal school at Alpena, and to make an appropriation therefor. The motion prevailed, a majority of the Senators-elect voting therefor. Mr. F. D. Scott moved that the rules be suspended, and that the bill be placed on its immediate passage. The motion prevailed, two-thirds of the Senators present voting therefor. The bill was then read a third time and passed, a majority of the Senators-elect voting therefor, by yeas and nays, as follows: The question being on agreeing to the title, Mr. F. D. Scott moved to amend the title so as to read as follows: A bill to provide for the location, establishment and conduct of a normal school at Alpena, and to make an appropriation therefor. The motion prevailed and the title of the bill was so amended. The title of the bill as amended, was then agreed to. Mr. Moriarty moved that the bill be ordered to take immediate effect. The motion prevailed, two-thirds of the Senators-elect voting therefor. Unanimous consent being obtained, Mr. Taylor moved to take from the table A bill to amend section 5 of Act No. 111 of the Public Acts of 1889, approved May 24, 1889, entitled "An act to protect fish and to regulate fishing in the waters of this State by providing close seasons for certain kinds of fish; by prohibiting the catching of fish in certain specified ways; by prohibiting the catching of fish of certain sizes in certain waters and for certain purposes; by prohibiting the obstruction of the free passage of fish and by prohibiting the sale of certain kinds of fish; to protect persons engaged in fish culture and to repeal inconsistent acts," as amended by Act No. 163 of the Public Acts of 1891, being section 5865 of the Compiled Laws of 1897. The motion prevailed. The bill having been read a third time and the question being on the passage thereof, The bill was then passed, a majority of the Senators-elect voting therefor, by yeas and nays, as follows: The question being on agreeing to the title, Mr. White moved to amend the title so as to read as follows: A bill to amend section 5 of Act No. 111 of the Public Acts of 1889, approved May 24, 1889, entitled "An act to protect fish and to regulate fishing in the waters of this State by providing close seasons for certain kinds of fish; by prohibiting the catching of fish in certain specified ways; by prohibiting the catching of fish of certain sizes in certain waters and for certain purposes; by prohibiting the obstruction of the free passage of fish and by prohibiting the sale of certain kinds of fish; to protect persons engaged in fish culture and to repeal inconsistent acts," being section 5865 of the Compiled Laws of 1897, as amended. The motion prevailed, and the title of the bill was so amended. SPECIAL ORDER. 10:30 o'clock a. m. The President announced that the hour had arrived for the special order and laid before the Senate House bill No. 563 (file No. 274), entitled A bill to amend sections 2, 4, 6, 8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 27, 28, 31, 33, 37, 41, 42, 43, 44, 56 and 57 of Act No. 281 of the Public Acts of 1909 entitled "An act relative to the 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 1907, and all local primary election acts contravening the provisions of this act, except as in this act otherwise provided." Mr. Weter moved that the Senate resolve itself into the committee of the whole on the special order. The motion prevailed. |