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A message was received from the House of Representatives transmitting
House bill No. 494 (file No. 243), entitled

A bill to amend section 19 of chapter 4 of Act No. 283 of the Public Acts of the State of Michigan for the year 1909, entitled "An act to revise, consolidate and add to the laws relating to the establishment, opening, improvement, maintenance and use of the public highways and private roads, the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; setting and protecting shade trees, drainage, cutting weeds and brush within this State, and providing for the election and defining the powers, duties and compensation of State, county, township and district highway officials," being compiler's section 4365 of the Compiled Laws of the State of Michigan for the year 1915, as amended.

The message informed the Senate that the House of Representatives has passed the bill.

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 concurrent resolution No. 30.

A concurrent resolution on the death of Honorable Fred M. Warner.
Whereas, The people of the State of Michigan and the members of this Legis-
lature have learned with profound regret of the death of our esteemed fellow
citizen and statesman, Honorable Fred M. Warner, therefore be it

Resolved, By the House of Representatives, the Senate concurring, that a Committee, consisting of three Representatives to be appointed by the Speaker and two Senators to be appointed by the Lieutenant Governor, draft and present to the Legislature suitable resolutions relative to the death of Ex-Governor Warner; and be it further

Resolved, That a Committee, composed of three Representatives to be appointed by the Speaker, and two Senators to be appointed by the Lieutenant Governor, represent the Michigan Legislature at the funeral.

Pending the order that, under rule 59, the concurrent resolution lie over one day,
Mr. Wood moved that rule 59 be suspended.

The motion prevailed.

The concurrent resolution was then considered and adopted.

The President appointed as the Senate members of said Committee to draft resolutions and to attend the funeral, Senators Hayes and Glaspie.

Reports of Standing Committees.

Mr. Brower submitted the following report:

The Committee on Finance and Appropriations respectfully reports back to the Senate the following entitled bill with amendment, recommending that the amendment be agreed to and that the bill, as thus amended, do pass: House bill No. 48 (file No. 214), entitled

A bill to make appropriations for the Michigan Public Utilities Commission for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes.

The following is the amendment recommended by the committee:
Amend Section 1, line 13, by striking out the figures "$89,000.00-$89,000.00"
and inserting in lieu thereof the figures "$114,000.00-$114,000.00."
B. E. BROWER,

The report was accepted.

Chairman.

The amendment recommended by the committee was agreed to and the bill, as thus amended, was referred to the Committee of the Whole.

Mr. Brower submitted the following report:

The Committee on Finance and Appropriations respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill No. 200 (file No. 121), entitled

"A bill to authorize the board of education of any school district to establish and maintain schools or classes for those who are blind or have defective vision, and schools or classes for those who are deaf or have defective hearing, to provide for the expense of the same, to provide for the appointment of a super

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visor of such schools or classes, and other help to carry out the provisions of this act and to repeal act number two hundred twenty-four of the public acts of nineteen hundred five and all acts amendatory thereto."

The report was accepted.

The bill was referred to the Committee of the Whole.

Mr. Brower submitted the following report:

B. E. BROWER,

Chairman.

The Committee on Finance and Appropriations respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill 409 (file No. 185), entitled

A bill to amend sections 2, 5 and 6 of Act 138 of the Public Acts of 1921, entitled "An act to promote the establishing of deep-water connections between the Great Lakes and the Atlantic Ocean, to provide for a commission to carry out the object hereof, to make an appropriation for expenses incurred hereunder, and to provide a tax to meet the same."

The report was accepted.

The bill was referred to the Committee of the Whole.

Mr. Brower submitted the following report:

B. E. BROWER,

Chairman.

The Committee on Finance and Appropriations respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill No. 59 (file No. 161), entitled

A bill to make appropriations for the Department of Auditor General for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes.

The report was accepted.

The bill was referred to the Committee of the Whole.

B. E. BROWER,

Chairman.

Mr. Brower submitted the following report: The Committee on Finance and Appropriations respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill No. 229 (file No. 146), entitled

A bill to amend sections 3 and 4 of Act 370 of the Public Acts of 1921, entitled "An act to protect the public health, to provide for the furnishing and distribution by the State Commissioner of Health, of antitoxin and other biological products for the prevention and treatment of diphtheria, to authorize the purchase and manufacture thereof, and to make appropriations therefor." B. E. BROWER,

The report was accepted.

The bill was referred to the Committee of the Whole.

Mr. Ross submitted the following report:

Chairman.

The Committee on Education respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill No. 429 (file No. 228), entitled

A bill to authorize the board of education of any school district to provide for the education of aliens and of native illiterates over the age of eighteen years who are unable to read, write and speak the English language and who are unlearned in the principles of the Government of this State and the United States. HENRY T. ROSS,

The report was accepted.

The bill was referred to the Committee of the Whole.

Chairman.

Mr. Ross submitted the following report:

The Committee on Education respectfully reports back to the Senate the following entitled bill, without recommendation: Senate bill No. 306 (file No. 270), entitled

A bill to provide for the daily reading of selected passages from the Bible in the public schools of this State.

The report was accepted.

HENRY T. ROSS,

Chairman.

Pending the order that the bill lie on the table, Mr. William L. Case moved that the bill be referred to the Committee of the Whole. The motion prevailed.

Mr. Ross submitted the following report:

The Committee on Education respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill No. 331 (file No. 169), entitled

A bill to amend section 5 of Act No. 241 of the Public Acts of 1903, entitled "An act for the establishment of county normal training classes and for the maintenance and control of the same," being section 5947 of the Compiled Laws of 1915, as amended.

The report was accepted.

HENRY T. ROSS,

Chairman.

The bill was referred to the Committee on Finance and Appropriations under the rules.

Mr. Ross submitted the following report:

The Committee on Education respectfully reports back to the Senate the following entitled bill, with a substitute therefor, recommending that the substitute be agreed to and that the bill, as thus substituted, do pass: House bill No. 174 (file No. 36), entitled

A bill to provide for the suspension of a teacher's certificate for violation of contract.

The following is the substitute recommended by the committee:

A bill to provide for suspending a certificate of any teacher who violates a contract to teach.

The People of the State of Michigan enact:

Section 1. The Superintendent of Public Instruction, the State Board of Education, the county board of school examiners, the board of regents of the University of Michigan and any other person or board issuing teacher's certificates, shall have authority to suspend for the reasons and in the manner herein provided, any certificate issued, endorsed or transferred by him or it, to any teacher who refuses without sufficient cause, in the opinion of said board or person, to perform a lawful contract to teach in any school in this state in which such teacher is required to hold a certificate issued by such person or board before entering into a contract to teach. Such suspension shall not be for a longer period of time than the end of the school year in the district in which such contract was violated. During the time such certificate is suspended, such teacher shall not be qualified to teach in any school in this State in which teachers are required to hold a certificate to teach nor shall any other person or board issue a new license to such person during the period of suspension.

Section 2. Such certificate shall be suspended only after a written, signed, complaint has been filed with the person or board issuing, transferring or endorsing the same, made by the school board or board of education with which such teacher has refused to perform the contract, stating fully the alleged facts constituting such breach. The board with which such complaint is filed, shall, within thirty days thereafter, fix a time and place for hearing thereon. At least ten days before the date of hearing, a notice that such complaint has been filed and stating the time and place of hearing thereon, shall be served either personally or by registered mail on such teacher. A certified copy of the complaint with the name of the board making the same, shall be served with the notice. The teacher may, on or before the time of hearing, file a written answer to the charges made in such complaint. Any of the parties may be represented at such hearing by an attorney. The person or board before whom the hearing is to be had, may

adjourn the same from time to time on its own motion, or upon the request of any of the parties interested in said cause, for reasons which are deemed satisfactory to such person or board. Notice of such adjournment shall be given to all parties interested, at least one day before the date of hearing. The person or board conducting such hearing shall have authority to subpoena witnesses and administer an oath to them. Subpoenas shall also be issued for witnesses named by the board making the complaint or by the teacher. The actual expenses of such witnesses shall be paid by the person or board for whom they are subpoenaed. If the charges against the teacher are not sustained and the certificate is not suspended, the expenses of such teacher and of his or her witnesses shall be paid by the board making the complaint. If it appears from the examination and hearing that such teacher has neglected or refused to perform his or her contract to teach without just cause therefor, the certificate shall be suspended as herein provided. If it appears that such contract has not been so violated, the complaint shall be dismissed and the costs ordered paid as herein before mentioned.

Section 3.

Either of the parties may appeal from the decision of the person or board conducting such hearing, to the circuit court of the county in which the hearing was held, in the following manner. The person or board desiring to take an appeal shall, within five days after a decision has been rendered therein, give notice to the person or board rendering the decision of an appeal to the circuit court and shall also serve a copy thereof either personally or by registered mail on the board making the complaint. Such person or board shall, within ten days thereafter, file the complaint, notice, answer and all other papers filed in the cause, with the clerk of the circuit court of that county. The same fee shall be paid and within the same time as is provided by law for appeals from justice court to the circuit court. After the appeal has been completed and the papers filed in the circuit court, the same proceedings shall be had and taken as on appeal of civil cases from justice court.

Sec. 4. Any person neglecting or refusing to appear as a witness in response to a subpoena issued as herein provided or neglecting or refusing to answer any material question except where he is privileged from answering, shall be subject to the same penalties as provided by general law for compelling the attendance and testimony of witnesses before courts of record, commissioners appointed by such courts to take testimony, or before any notary public or a commissioner before whom any affidavit or deposition is to be taken.

The report was accepted.

HENRY T. ROSS,

Chairman.

The substitute recommended by the committee was agreed to. Mr. Ross 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-elect voting therefor. The question then being on the passage of the bill, the roll was called and the Senators voted as follows:

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So, a majority of all the Senators-elect having voted therefor,

The bill was passed.

The Senate agreed to the title of the bill.

Mr. Connelly submitted the following report:

The Committee on Highways respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

House bill No. 321 (file No. 113), entitled

A bill to amend sections 3, 4 and 17 of Act No. 59 of the Public Acts of 1915, as amended, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor, to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," same being sections 4673, 4674 and 4687 of the Compiled Laws of 1915.

WILLIAM M. CONNELLY,

Chairman.

The report was accepted.

The bill was referred to the Committee of the Whole.

Mr. Gettel submitted the following report:

The Committee on Drainage respectfully reports back to the Senate the following entitled bill, with amendments, recommending that the amendments be agreed to and that the bill, as thus amended, do pass:

Senate bill No. 212 (file No. 166), entitled

A bill to codify and add to the laws relating to the laying out of drainage districts, the construction and maintenance of drains, the assessment and collection of taxes therefor; to prescribe penalties for violations of certain provisions of this act; and to repeal certain acts relating to drains.

The following are the amendments recommended by the committee:

1. Chapter II, Sec. 4, line 12, strike out "the sum of two" and insert "a sum not to exceed five."

2. Chapter II, Sec. 9, line 6, after the word "drains." add the following: "The board of supervisors of any county may employ annually an engineer who shall perform under this act the services required to be performed by an engineer or surveyor."

3. Chapter II, Sec. 10, line 14, after the word "county" strike out "clerk" and insert "drain commissioner".

4. Chapter II, Sec. 10, line 15, after the word "county" strike out "clerk” and insert "drain commissioner".

5. Chapter III, Sec. 2, line 13, after the word "shall" strike out "direct such surveyor or engineer to".

6. Chapter III, Sec. 4, line 10, after the word "county" where it first occurs, strike out "clerk" and insert "drain commissioner".

7. Chapter III, Sec. 6, line 2, strike out the word "five" and insert "twenty". 8. Chapter III, Sec. 9, line 11, after the word "county" where it first occurs, strike out the word "clerk" and insert "drain commissioner".

9. Chapter IV. Section 1, line 2, after the word "county" strike out "clerk" and insert "drain commissioner".

10. Chapter IV, Sec. 2. Strike out entire section and insert the following in lieu thereof:

"Sec. 2. Upon the filing of such petition, the commissioner authorized to act thereon shall as soon as practicable thereafter serve upon the judge of probate of the county a copy of said petition. Within fifteen days after the service of said notice upon him it shall be the duty of the judge of probate so notified to appoint a board of determination, to call a meeting thereof at some place to be designated by said judge and which shall be as centrally located as possible within the drainage district, giving notice of the time and place of such meeting, and the said judge shall cause a copy of such notice to be published for not less than one week in a newspaper published and in general circulation in the county. The said board of determination shall be composed of three members each of whom shall be the supervisor of a township within such county into which the drainage district does not extend. At the time and place fixed in said notice said board shall meet, elect a secretary and proceed to determine the necessity of said proposed drain and whether the same is necessary and conducive to public health, convenience and welfare. At such meeting all persons owning lands liable to assessment for benefits, or whose land shall be crossed by said drain, or any district or municipality affected, may appear for or against said drain proceeding. After hearing the evidence so offered as herein provided, the board shall make their determination upon the necessity of such drain and whether the same is necessary and conducive to public health, convenience and welfare.

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