This bill is returned without approval for the reason that the work provided for is already being done in a satisfactory manner. Very respectfully, CHASE S. OSBORN, Governor. A quorum of the Senate not being present, The President directed that the message be spread at large on the Journal. The following message from the Governor was also received and read: To the President of the Senate: Sir: Executive Office, Lansing, April 25, 1911. Senate bill No. 274 (file No. 257), introduced by Mr. James, enrolled No. 66, being An act for the protection of Northern hare. This bill is returned without approval for the reason that it is contrary to good public policy. The great Northern hare furnishes food for poor people, and especially for Indians, in the winter. It is a comInon custom to take them with a snare. If it were possible to approve the bill with section two (2) omitted, it would be a wise measure. Very respectfully, CHASE S. OSBORN, A quorum of the Senate not being present, Governor. The President directed that the message be spread at large on the Journal. The following message from the Governor was also received and read: To the President of the Senate: Sir: I hereby return without approval. Executive Office, Lansing, April 27, 1911. Senate bill No. 419 (file No. 395), introduced by Mr. Moriarty, enrolled No. 46, being An act to amend section 14 of Act No. 146 of the Laws of 1857, entitled "An act to provide for the organization of the supreme court, pursuant to section 2 of article 6 of the Constitution," approved February 16, 1857, as amended by Act No. 182 of the Public Acts of 1893, the same being compiler's section 186 of the Compiled Laws of 1897. This bill is returned without approval for the reason that it abrogates a contract advised and urged by members of the supreme court in 1893, at a time when they properly sought an increase in their salary. They agreed, if such increase was granted, it would be fair to require the justices to reside at Lansing, by which means, they argued, the efficiency of the court would be increased and it would be better able to transact the great and rapidly increasing volume of work of the court. It was particularly emphasized that the court's efficiency would be increased by the residence of the members at the capital. The law in force at the present time relating to the residence of the justices, states that "each justice of the supreme court shall reside in the city of Lansing during his term of office." I do not intend to make an extended argument upon the merits of this law, or its effect upon the efficiency of the supreme court, beyond the statement that the modern tendency of improving government is to locate the instruments of government at the central station of government, whether that station is the capital of county, state or nation. The State of Michigan is today paying, improperly, as I view it, the traveling expenses of the heads of many departments, both elective and appointive, to and from their homes weekly, and sometimes oftener. This is not done by well-conducted private business concerns. It is fair to state in this connection, that this bill seeking to repeal the requirement that the justices shall reside in Lansing, provides that they shall pay their own traveling expenses to and from the State capital. I desire to give some of the history of this bill. Sometime before it was introduced, the Honorable E. H. Doyle, Commissioner of Banking, came to me and stated that Mr. Justice Brooke had requested him to ascertain my attitude toward a bill that would repeal the requirement that supreme justices shall reside in Lansing. I told him to inform Justice Brooke that I would be pleased to discuss the matter with him personally, whereupon Justice Brooke called at the Executive office. In the course of our conversation, he said that the present law is unconstitutional, that it is an impertinence for the Legislature to assume to dictate to the justices where they shall live, that many of them came here and took up their abode at great sacrifice, that they were thus forcibly detached from their natural homes, companionship, and atmosphere, and more to the same effect. I told him I was opposed to the bill for the reason that the law sought to be amended, had been enacted at the solicitation of the supreme court members in 1893, and that because of it their salaries had been increased from $5,000 to $7,000 per annum; that the bill was contrary to the spirit of the public service expected by the people; and because I thought that all of the officers of the State government should reside at the capital. He asked me if I would oppose the bill if it was introduced, or veto it if it passed. I replied that I would not oppose it because I did not intend to lobby for or against any bill, and further that if the court desired it and the Legislature passed the bill, I would subordinate my personal objections to the superior combined wisdom of the supreme court and the Legislature, and would probably sign it. The bill was introduced. It passed both houses. After the recess of the Legislature, April 19, Mr. Justice Stone and Mr. Justice Blair called at the Executive office to consult with me about signing the measure. In the course of the conversation, I told them what I had said to Justice Brooke. When I made the statement that I would probably sign the bill if the court desired, although I was opposed to it, Justice Stone, with great fairness, asked me if I was under the impression that the court was united in support of the bill. I told him I was. He replied that such was not the case, as three of the justices were either neutral, or did not favor the bill, and had not interested themselves in its passage. The same day I was informed for the first time that Mr. Justice Bird had never become a resident of Lansing, thus plainly violating the law, although he became a member of the supreme court in June, 1910, nearly a year ago. I was also informed for the first time that the Auditor General had refused to pay the salary of Mr. Justice Brooke because, at the time the salary was held up, he had not become a resident of Lansing, and that the Auditor General had only receded from this position upon the advice and instruction of Honorable John E. Bird, then Attorney General, and now a member of the supreme court. Further information came to me to the effect that through the activity and opposition of former Justice Montgomery, a similar bill had been defeated in the last Legislature, and that a republican convention at Grand Rapids had refused to incorporate in the party platform a plank advocating the repeal of the law in question. All of this convinces me that the bill should not become a law. If it should become a law, it would condone in some measure the flagrant violation of the law by Justice Bird, who has not yet taken up his residence in Lansing. It is argued in behalf of Justice Bird that he was appointed in June, 1910, to fill a short, unexpired term, and that in November, 1910, he was elected for only a short term. At the election this spring, Justice Bird was chosen for a regular term of eight years. He has not seen fit to obey the law yet. It is my opinion that a person fitted for membership of the greatest court in our State, should obey the law to the letter, and that Justice Bird should have removed to Lansing immediately upon his acceptance of a justiceship. The force of example of men in high places-and in the supreme court of all places-cannot be underestimated. If such men carelessly, designedly, and flagrantly violate the law, what can be expected of the average citizen? It is because of this that I consider the mere question as to where the justices shall live, to be of small consequence in comparison. This bill has been lobbied for actively by members of the supreme court, actuated by selfish purposes. While this may be their privilege, it indicates the finite character of our courts, and proves to my mind that any recall law that might be enacted, should apply to the judiciary with equal force as to other officers of government. I concede the value, dignity, and high character of our courts in general, but I contend that the measure of these attributes is within the courts themselves. In conclusion, I desire to express the opinion, with kindness, but with firmness, that Justice Bird should either take up his residence at Lansing at once, or resign, and I am not sure that it would not be in good taste and in the interest of the great court and the best public service, for him to resign, because of his open and flagrant violation of the law. He knew of all the conditions imposed by the law referred to, and it would appear that he has broken it for his convenience, and then sought to cure the matter by assisting actively in the passage of the bill here with returned without my approval. All of the safety of society and all of the perpetuity of the nation, lie in obedience to the law. Very respectfully, Governor. A quorum of the Senate not being present, The President directed that the message be spread at large on the Journal. The following message from the Governor was also received and read: To the President of the Senate: Executive Office, Lansing, April 27, 1911. Sir: I herewith return, with my objections thereto, An act making appropriation for the Industrial School for Boys for the fiscal years ending June 30, 1912, and June 12, 1913, and to provide a tax to meet the same. The above-entitled measure is approved with the exception of the item in section two (2) for furnishing and seating new chapel. This item of five thousand ($5,000) dollars is disapproved, and the amount the Auditor General is directed to incorporate in the State tax for 1912 is reduced in the same amount so as to be in accord. The aforesaid item is disapproved for the reason that the state of the public funds does not warrant such expenditure at this time. Very respectfully, A quorum of the Senate not being present, The President directed that the message be spread at large on the Journal and that the act be returned to the Governor. The following message from the Governor was also received and read: To the President of the Senate: Executive Office, Lansing, April 29, 1911. Senate bill No. 421 (file No. 397), enrolled No. 122, being An act to amend section 4 of Act No. 150 of the Public Acts of 1893, entitled "An act to provide for the establishment and maintenance of a pardoning board, prescribing the powers and duties, and repealing all acts and parts of acts in conflict therewith," being section 144 of the Compiled Laws of 1897, as amended by Act No. 239 of the Public Acts of 1903, and as further amended by Act No. 264 of the Public Acts of 1907. The above entitled-measure is returned, without approval, for the reason that, in my opinion, it is not necessary or wise to change, at the present time, the law under which the board is acting. It would involve an extra expenditure of money. Very respectfully, CHASE S. OSBORN, A quorum of the Senate not being present, Governor. The President directed that the message be spread at large on the Journal. The following message from the Governor was also received and read: To the President of the Senate: Executive Office, Lansing, April 29, 1911. Sir: I hereby return, with my objections thereto, Senate bill No. 122 (file No. 112), enrolled No. 87, being An act making appropriations for the Michigan School for the Deaf for the fiscal years ending June 30, 1912, and June 30, 1913, and to provide a tax to meet the same. The above-entitled measure is approved, with the exception of the following items in section two (2), which are hereby disapproved: For painting, calcimining, and repairs to walls and ceilings, two thousand ($2,000) dollars, disapproved; item for repairing fences, walks and drives, and cultivating and beautifying grounds, five hundred ($500) dollars, disapproved. Section four (4) is changed in accordance herewith, so that the Auditor General shall incorporate in the State tax for 1911, the sum of eighty-seven thousand ($87,000) dollars. The aforesaid items are disapproved in the interest of economical administration. Very respectfully, CHASE S. OSBORN, A quorum of the Senate not being present, The President directed that the message be spread at large on the Journal and that the act be returned to the Governor. The following message from the Governor was also received and read: To the President of the Senate: Sir: I herewith return, without approval, Executive Office, Lansing, April 29, 1911. Senate bill No. 358 (file No. 336), enrolled No. 107, being An act to authorize the Secretary of State to appoint an assistant corporation clerk, to prescribe his qualifications, and fix his salary. |