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Michigan School for the Blind, and to repeal all laws inconsistent herewith,

Have made sundry amendments thereto, and have directed their chairman to report the same back to the Senate, asking concurrence therein, and recommend its passage.

JAN W. GARVELINK Chairman. Report accepted. On motion of Mr. Garvelink, The Senate concurred in the amendments made to the above named bill, and the same was placed on the order of third reading of bills.

GENERAL ORDER. On motion of Mr. Sabin, The Senate went into committee of the whole on the general order, whereupon

The President called Mr. Garvelink to the chair.

After some time spent therein, the committee rose, and through their chairman, made the following report:

I.

The committee of the whole have had under consideration the following: Senate bill No. 52 (file No. 196), entitled

A bill to provide separate grades for railroads and public highways and streets where railroads intersect such highways and streets,

Have made sundry amendments thereto, and have directed their chairman to report the same back to the Senate, asking concurrence therein, and recommend its passage.

JAN W. GARVELINK, Chairman. On motion of Mr. Garvelink,

The Senate concurred in the amendments made to the above named bill, and the same was placed on the order of third reading of bills.

On motion of Mr. Gilbert,
Leave of absence was granted to himself from tomorrow's session.

Mr. Fleshiem moved that the Senate adjourn until tomorrow morning at 10 o'clock;

Which motion prevailed and the President announced the Senate would stand adjourned until tomorrow at 10 o'clock a. m.

Lansing, Thursday, April 13, 1893. The Senate met pursuant to adjournment and was called to order by the President.

Roll called: quorum present.
Absent without leave: Mr. Doran.
On motion of Mr. Barnard,
Leave of absence was granted to Mr. Doran from this morning's session.

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COMMUNICATIONS FROM STATE OFFICERS.

OFFICE OF BOARD OF STATE AUDITORS,

Lansing, April 13, 1893. Hon. J. Wight Giddings, President of the Senate:

I am instructed by the Board of State Auditors to inform the Senate that, in obedience to a concurrent resolution of the Senate and House of Representatives, they have examined the abstracts relating to the property formerly occupied as the site of the State capitol building, in the city of Detroit, and find that the State has never held a title to said land. The opinion of the Attorney General thereon is herewith transmitted.

Very respectfully,

MARCUS PETERSEN,

Secretary Board of State Auditors. The following is the opinion of the Attorney General:

ATTORNEY GENERAL'S OFFICE,

Lansing, April 12, 1893. To the Honorable, the Board of State Auditors, Lansing, Mich.:

GENTLEMEN-Your favor requesting my opinion as to whether the State has any title in a certain parcel of land formerly occupied as the site of the State capitol, bounded by Rowland, Griswold and State streets in the city of Detroit, is received and considered.

The land referred to is a triangular piece and is a portion of section 8 of the governor and judges plan of the city of Detroit, known as the high school lot.

By an act of congress, approved April 21, 1806, entitled “An act to provide for the adjustment of titles to land in the town of Detroit and territory of Michigan and for other purposes,” the governor and judges of the territory of Michigan were authorized to lay out a town, including the old town of Detroit and ten thousand acres adjacent, with the power to hear and adjust all claims to lots therein and give deeds for the same. Section two of said act provided that the land remaining of the said ten thousand acres, after satisfying the claims provided for by section one, should be disposed of by the governor and judges, at their discretion, to the best advantage, and they were authorized to make deeds to purchasers thereof, and the proceeds of the land so disposed of to be applied by the governor and judges towards the building of a court house and jail in the said city of Detroit. The court house was used as the capitol building above referred to and the said governor and judges were required by said act to make a report to congress of their proceedings under the act.

In the case of Scott vs. Detroit young men's society's lessee, 1st of Douglass, 149, the supreme court of this State, having under consideration the validity of a deed given by the governor and judges of the territory of Michigan for lands in said city, on the first day of July, 1536, used this language: “At the time of its execution (referring to the deed) the United States held the unqualified fee of the lot, conveyed and possessed the absolute right to dispose of it as they should deem expedient. They had empowered the governor and judges of the territory, for the time being, to dispose of it at their discretion, to the best advantage, by the act which we have before so often referred to."

As this deed was given subsequent to the authority vested in the gov

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emor and judges of the territory, the case of Scott vs. Young men's society's lessee cited, amounts to an authoritive statement by the supreme court of this State that the act granting certain powers to the governor and judges did not divest the United States of the title to the lands in question.

By an act of congress passed August 29, 1842, the powers of the said governor and judges of the territory of Michigan, relative to said lands were transferred to the mayor, recorder, and aldermen of the city of Detroit. Section 3 of said act provides, “That any land or other property, real or personal, remaining, except the court house and jail erected under the act to which this is a supplement, after satisfying all just claims provided for in the first section of the act, to which this is a supplement, is hereby vested in the said mayor, recorder and aldermen of the city of the city of Detroit."

In the case of the Board of Education vs. the City of Detroit, 30 of Mich., 505, it was held that the piece of ground referred to was excepted from the grant of property made to the city by the act of congress above quoted; that the exception therein made, of the court house, included the land on which the court house stood, and that the city, although it had power of legislative control and regulation over this property, had no authority over it as a proprietor.

It clearly appears from the language of the United States statutes in reference to this matter and the holdings of our court in regard thereto:

First, That the Governor and judges of the State of Michigan possessed only the naked power to convey for and in behalf of the general government, and did not possess any title to the land over which they had control, and acted merely as agents for the United States;

Second, That the act of 1842, which vested the mayor, recorder and aldermen of the city of Detroit all the powers and right with regard to the plan of Detroit and the land titles therein, which theretofore had been vested in the governor and judges, and which transferred to the corporation such remaining lands on the plan as were subject to their control, did not vest in the city of Detroit the title to the piece of land in question.

The State of Michigan occupied the court house for State purposes for some time, and finally surrendered the possession of the ground in question in about 1847, and since that time has not exercised any control over the same. The State had no record title, but held by the consent of the government, the title as above indicated remaining in the United States. Without any regard as to what the original title might have been, the land, since the date above mentioned, has been in the peaceable possession of those claiming adversely to the State, and even had the State ever had title it could not at this time assert any title against the city of Detroit. For many years the land has been in the possession of the board of education of the city of Detroit, and was until very lately occupied by what was known as the high school building.

Without attempting to pass upon the relative rights of the United States government and the city of Detroit to this piece of ground, it is clear that the State has no right, title or interest in the premises.

Respectfully,

A. A. ELLIS, Attorney General of Michigan.

REPORTS OF STANDING COMMITTEES.

By the committee on Asylum for the Criminal Insane:
The committee on Asylum for the Criminal Insane, to whom was referred
House bill No. 156 (file No. 230), entitled

A bill making an appropriation for the use of the Michigan Asylum for Dangerous and Criminal İnsane,

Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate, recomending that the bill do pass, and ask to be discharged from the further consideration of the subject.

JESSE D. CRANE, Chairman. Report accepted and committee discharged. On motion of Mr. Crane, The bill was referred to the committee on Finance and appropriations.

MESSAGES FROM THE HOUSE.

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The President announced the following:

HOUSE OF REPRESENTATIVES,

Lansing, April 11, 1893. To the President of the Senate:

SIB-I am instructed by the House to transmit the following concurrent resolution:

Resolved by the House (the Senate concurring), That a committee of one from the Senate and two from the House be appointed by the President of the Senate and Speaker of the House to visit Chicago and ascertain what arrangements can be made for the entertainment of the Legislature while in Chicago during the dedication of the Michigan building and opening of the World's Fair,

Which has been adopted by the House, and in which the concurrence of the Senate is respectfully asked.

Very respectfully,

LEWIS M. MILLER,

Clerk of the House of Representatives The question being on concurring in the adoption of the resolution, On motion of Mr. Fox, The resolution was laid on the table.

MOTIONS AND RESOLUTIONS.

Mr. Turnbull moved that the secretary of the Senate be instructed to notify the attorney general of the United States that

Senate bill No. 35 (file No. 8), entitled A bill to repeal all of act No. 172 of the public acts of 1889, entitled "An act relative to the confinement in this State of persons committed or sentenced by the courts of the United States or of the territories thereof."

Was not ordered by the Senate to take immediate effect,
Pending which,

Mr. Clapp moved that the motion of Mr. Turnbull be laid upon the table;

Which motion prevailed, a majority of ail the Senators present voting therefor, by yeas and nays, as follows:

YEAS.
Mr. Barnard
Mr. Fleshiem

Mr. Pascoe
Brundage
Fox

Pierce
Champion
Garvelink

Sabin
Clapp
Hopkins

Sawyer
Crane
McLaughlin

Steel
Earle
Mears

17 NAYS.

Mr. Burt
Mr. Hough

Mr. Morrow
Clark
McGinley

Mugford
Gibson
Mellen

Turnbull
Mr. Clapp offered the following resolution:

Resolved, That a respectful message be sent to the House requesting the return to the Senate of

Senate bill No, il, entitled A bill making an appropriation for the purchase of books for the State library for the years 1893 and 1894; Which resolution was adopted.

THIRD READING OF BILLS.

as

Senate bill No. 298 (file No. 181), entitled A bill to amend sections 1 and 2 of act No. 152 of the session laws of 1889, being “An act to amend sections 1, 2 and 3 of act No. 29 of the public acts of 1887,” approved March 15, 1887, entitled "An act to provide for the payment of bounties for the killing of English sparrows,' amended by act No. 152 of the public acts of 1889,

Was read a third time and not passed, a majority of all the Senators elect not voting therefor, by yeas and nays, as follows:

YEAS.
Mr. Barnard
Mr. Fox

Mr. Mears
Brundage
French

Pascoe
Burt
Hopkins

Pierce
Earle
Jewell

Sabin
Fleshiem
McLaughlin

Steel

15 NAYS. Mr. Garvelink Mr. McGinley

Mr. Mellen Hough

4 Mr. Steel moved to reconsider the vote by which the Senate refuse dto pass the bill;

Which motion prevailed. On motion of Mr. Sabin, The bill was laid on the table. Senate bill No. 103 (file No. 190), entitled A bill to provide for the construction of a coal house, and the purchase of a machinist's lathe for the Michigan Asylum for Dangerous and Crim

a

inal Insane,

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