If the said board shall find by a majority vote of the whole number of members present and voting thereon that the said drain is not necessary or conducive to public health, convenience or welfare, they shall file with the commissioner an order dismissing the petition and no further petition for said drain shall be entertained within one year after such determination. If said board by a majority vote, as aforesaid, shall find the said drain so proposed to be necessary and conducive to the public health, convenience and welfare, they shall make their order to that effect and file the same with the said commissioner. Upon the receipt of the order of said board, the commissioner shall make his first order of determination in writing, giving the name or number of the drainage district, and shall establish the commencement, route, and terminus of said drain and the width, depth and length thereof, a copy of which order he shall within five days file in his office." 11. Chapter IV, Sec. 5, line 24, after the word "township" strike out “of” and insert the word "or". 12. Chapter V, Sec. 2, line 25, after the word "county" where it occurs the first time, strike out "clerk" and insert "drain commissioner". 13. Chapter V, Sec. 3. Transpose Sec. 3 to come immediately preceding Sec. 6, and to stand as Sec. 5, and renumber Sections 4 and 5 to stand as Sections 3 and 4. 14. Chapter V, Sec. 4, as printed, lines 1 and 2, strike out "within thirty days from the filing of the first order of determination", and insert "after securing releases of right of way as herein provided." 15. Chapter V, Sec. 11, line 7, after the word "county" where it occurs the first time, strike out the word "clerk" and insert "drain commissioner". 16. Chapter V, Sec. 12, line 4, after the word "county" strike out "clerk" and insert "drain commissioner”. 17. Chapter V, Sec. 13, line 6, after the word "county" strike out "clerk" and insert "drain commissioner". 18. Chapter V, Sec. 14, line 5, strike out the word "district" and insert "board". 19. Chapter VI, Section 1, line 6, strike out "clerk" and insert "drain commissioner". 20. Chapter VI, Sec. 2, line 7, after the word "known" strike out ":" and insert ""; also strike out that part of line 7 beginning with “Provided”, also lines 8, 9 and 10. 21. Chapter VI, Sec. 11, line 5, after the word "filed" strike out "with the county clerk" and insert "in his office". 22. Chapter VII, Section 1, line 9, after the word "the" strike out "township". 23. Chapter VII, Section 1, line 9, after the word "board" strike out "or boards" and insert "of determination". 24. Chapter VII, Section 1, line 10, after the word "work" insert "as provided in section two of chapter four hereof." 25. Chapter VIII, Sec. 3, line 20, after the word "price," insert the following: "The commissioner shall require the successful bidder in any case to furnish a bond in such sum as the commissioner may require and to be approved by him, which said bond shall run to the people of the State of Michigan and to indemnify the drainage district, county or other municipality by reason of any injury to any workman on said drain, or against any loss or damage by reason of the negligence or carelessness of said contractor in the construction of said drain." 26. Chapter IX, Sec. 4, line 13, after the word "the" strike out “first” and insert "fifteenth". 27. Chapter IX, Sec. 4, line 14, strike out the word "April" and insert "March". 28. Chapter IX, Sec. 5, line 5, strike out the word "insufficient" and insert "sufficient". 29. Chapter IX, Sec. 7, strike out section 7 and insert the following: "The members of said board for their services performed under this act shall be paid from the revolving drain fund of the county such sum per day as is or may be provided by law for general meetings of township boards." 30. Chapter X, Sec. 10, line 5, after the word "county" strike out "clerk" and insert "drain commissioner". 31. Chapter X, Sec. 10, line 7, after the word "county" strike out "clerk" and insert "drain commissioner". 32. Chapter X, Sec. 10, line 17, after the word "county" strike out "clerk" and insert "drain commissioner". 33. Chapter X, Sec. 10, line 19, after the word "county" strike out "clerk" and insert "drain commissioner". 34. Chapter XI, Sec. 2, line 5, after the word "drain," insert the following: "and also for paying members of boards of determination for services performed under this act." 35. Chapter XII, Sec. 3, line 5, after the word "than" strike out "one rod" and insert "twenty-five feet". 36. Chapter XVII, add a new section to stand as Sec. 8 to read as follows: "Sec. 8. In any application or petition required to be filed under this act, a freeholder shall be deemed to include a vendee under a land contract, where such contract is of record in the office of the register of deeds of the county." GODFRIED GETTEL, The report was accepted. Chairman. The amendments recommended by the committee were agreed to and the bill, as thus amended, was referred to the Committee of the Whole. Mr. Henry submitted the following report: The Committee on Taxation respectfully reports back to the Senate the following entitled bill with amendment, recommending that the amendment be agreed to. The committee makes no recommendation as to the passage of the bill. Senate bill No. 260 (file No. 214), entitled A bill to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto, operated upon the public highways of this State, and of the operators of such vehicles, and to provide for levying specific taxes upon such vehicles so operated, and to provide for the disposition of such funds and to exempt from all other taxation such motor vehicles so specifically taxed, registered, identified and regulated, and to repeal Act No. 302 of the Public Acts of 1915 as amended, and all other acts and parts of acts inconsistent herewith or contrary hereto. The following is the amendment recommended by the committee: Sec. 13 (b), line 13, after the word "department" insert the following: Provided, however, that motor vehicles equipped with acetylene headlights shall be deemed to have complied with the provisions of this act, anything to the contrary notwithstanding, when such headlights are fitted with clear plain front glass, six inch spherical mirror and a standard acetylene "five-eights foot burner", not more and not less. Motorcycles equipped with acetylene headlights shall be deemed to have complied with the provisions of this act, anything to the contrary notwithstanding, when such headlights are fitted with not more than a standard acetylene "five-eights foot burner" or less than a standard acetylene "one-half foot burner". The report was accepted. JAMES HENRY, Chairman. The amendment recommended by the committee was agreed to. Pending the order that the bill lie on the table, Mr. Glaspie moved that the bill be referred to the Committee of the Whole. The motion prevailed. Mr. Gansser submitted the following report: The Committee on Military Affairs respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass: House bill No. 49 (file No. 227), entitled A bill to make appropriations for the Military Establishment for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. The report was accepted. AUGUSTUS H. GANSSER, Chairman. The bill was referred to the Committee on Finance and Appropriations under the rules. Mr. Gansser submitted the following report: The Committee on Military Affairs respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass: House bill No. 47 (file No. 226), entitled A bill to make appropriations for the Michigan Naval Militia for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. The report was accepted. AUGUSTUS H. GANSSER, Chairman. The bill was referred to the Committee on Finance and Appropriations under the rules. Mr. Condon submitted the following report: The Committee on Judiciary 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: Senate bill No. 52 (file No. 22), entitled A bill to amend sections 1 and 2 of Act No. 188 of the Public Acts of 1899, entitled "An act to provide for the taxation of inheritances, transfers of property by will, transfer of property by the intestate laws of the State, or transfers of property by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor or donor or intended to take effect in possession or enjoyment at or after such death," being sections 14524 and 14525 of the Compiled Laws of 1915, as amended by Act No. 148 of the Public Acts of 1919. The following is the amendment recommended by the committee: Strike out all of the bill after the words "Compiled Laws of 1915" in line 7 of enacting Section 1, and insert in lieu thereof the following: "as amended by act number one hundred forty-eight of the Public Acts of nineteen hundred nineteen, are hereby amended, and one new section is hereby added to said act to stand as section 22, said amended and added sections to read as follows: Section 1. That after the passage of this act a tax shall be and is hereby imposed upon the transfer of any property, real or personal, of the value of one hundred dollars or over, or of any interest therein or income therefrom, in trust or otherwise, to persons or corporations, not exempt by law in this state from taxation on real or personal property in the following cases: First, When the transfer is by will or by the intestate laws of this State from any person dying seized or possessed of the property while a resident of this State: Second, When the transfer is by will or intestate law of property within the State, and the decedent was non-resident of the State at the time of his death; Third, When the transfer is of property made by a resident or by non-resident, when such non-resident's property is within this State, by deed, grant, bargain, sale or gift made in contemplation of the death of the grantor, vendor or donor or intended to take effect, in possession or enjoyment at or after such death. Any transfer of a material part of this property in the nature of a final disposition or distribution thereof made by the decedent within two years prior to his death, except in case of a bona fide sale for a fair consideration in money or money's worth, shall, unless shown to the contrary, be deemed to have been made in contemplation of death within the meaning of this section. Such tax shall also be imposed when any such *** grantee, vendee or donee becomes beneficially entitled in possession or expectancy to any property or the income thereof by any such transfer, whether made before or after the passage of this act; Fourth, Whenever any person or persons, corporation or association, whether voluntary or organized pursuant to any statute, shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised to *** such donee by will; and whenever any person or persons, corporation or association, whether voluntary or organized pursuant to any statute, possessing such a power or appointment so derived shall omit or fail to exercise the same within the time provided therefor, in whole or in part, a transfer taxable under the provisions of this act shall be deemed to take place to the extent of such omission or failure, in the same manner as though the person or persons, corporation or association thereby becoming entitled to the possession or enjoyment of the property to which such power related had succeeded thereto by a will of the donee of the power failing to exercise such power, taking effect at the time of such omission or failure; Section 2. *** First, (a) Where the person or persons entitled to any beneficial interest in such property shall be the grandfather, grandmother, father, mother, husband, wife, child, brother, sister, wife or widow of a son, or the husband of a daughter, or to or for the use of any child or children adopted as such in conformity with the laws of this State or any other state or country, of the decedent grantor, donor or vendor, or for the use of any persons to whom such decedent grantor, donor or vendor stood in the mutually acknowledged relation of a parent: Provided, however, that such relationship began at or before the child's seventeenth birthday and continued until the death of such decedent grantor, donor, or vendor, or to or for the use of any lineal descendant of such decedent grantor, donor, or vendor, such transfer of property, shall not be taxable under this act, unless it is *** of the clear market value of three thousand dollars or over; ***Where the transfer is to a wife, such transfer of property shall not be taxable unless it is *** of the clear market value of ten thousand dollars or over. (b) * Second, (a) In * * case the clear market value of the property transferred to each individual of the persons included in the classes specified in paragraph one hereof, exceeds the exemptions specified in paragraph one and shall not exceed in value fifty thousand dollars, the entire transfer shall be taxed under this act at the rate of one per centum of the clear market value thereof; (b) Upon all in excess of fifty thousand dollars and up to two hundred and fifty thousand dollars, the rate shall be two per centum; (c) Upon all in excess of two hundred and fifty thousand dollars and up to five hundred thousand dollars, the rate shall be four per centum; (d) Upon all in excess of five hundred thousand dollars and up to seven hundred and fifty thousand dollars, the rate shall be six per centum; (e) Upon all in excess of seven hundred and fifty thousand dollars, the rate shall be eight per centum; The exemptions of Section one and Paragraph one of Section two of this act shall apply and be granted to each beneficiary's interest therein, and not to the entire estate of a decedent. No deduction or exemptions from such tax shall be made for any allowance granted by the order of any court for the maintenance and support of the widow or family of a decedent pending the administration of the estate, when there is income from such estate accruing after death, which is available to pay such allowance, or for a longer period than one year, or for a greater amount than is actually used and expended for the maintenance and support of such widow or family for one year. Third, (a) Except as hereinafter provided, in * * cases other than those specified in paragraph two hereof, the tax shall be at the rate of five per centum upon the clear market value of the property transferred not exceeding fifty thousand dollars; (b) Upon all in excess of fifty thousand and up to five hundred thousand dollars, ten per centum; (c) Upon all in excess of five hundred thousand dollars, fifteen per centum. Fourth, Upon the transfer of property in any manner herein before described, to or for the use of collateral relations or strangers in blood who are aliens not residing in the United States, or to or for the use of any corporation which is not chartered by the authority of the government of the United States or any state, a tax of twenty-five per centum shall be levied and collected. In case any of the property transferred under the provisions of this act and subject to the tax prescribed in the second, third or fourth paragraphs of this section, shall be tax exempt securities, the rate of tax on the amount of such securities shall be twice the rate specified for other property in the bracket in which said amount falls. Section 22. Should any provision or section of this act be held to be invalid for any reason, such holding shall not be construed as affecting the validity of any remaining portion hereof, it being the legislative intent that the act shall stand, notwithstanding the invalidity of any such provision of section." The report was accepted. GEO. M. CONDON, Chairman. The amendment recommended by the committee was agreed to and the bill, as thus amended, was ordered printed and referred to the Committee of the Whole. Introduction of Bills. Mr. Osborn introduced Senate bill No. 335, entitled A bill to amend section 46 of Act No. 206 of the Public Acts of 1893, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal Act No. 200 of the Public Acts of 1891, and all acts and parts of acts in anywise contravening any of the provisions of this act," being section 4042 of the Compiled Laws of 1915. The bill was read a first and second time by its title and referred to the Committee on Taxation. Mr. Wood introduced Senate bill No. 336, entitled A bill to amend section 27 of chapter 29 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 13194 of the Compiled Laws of 1915. The bill was read a first and second time by its title, ordered printed and referred to the Committee on Judiciary. Mr. Hayes introduced Senate bill No. 337, entitled A bill to restrict the use of certain lands and the buildings thereon adjacent and contiguous to the land occupied by the State office building, in the city of Lansing. The bill was read a first and second time by its title, ordered printed and referred to the Committee on State Affairs. Mr. Young introduced Senate bill No. 338, entitled A bill to provide that all rural schools be named and provided with mail facili- ' ties. The bill was read a first and second time by its title, ordered printed and referred to the Committee on Education. Third Reading of Bills. The following entitled bill was read a third time: House bill No. 339 (file No. 142), entitled A bill to amend section 2 of Act No. 236, Public Acts of 1915, entitled "An act to protect fish in the inland waters of this State and to regulate the manner of taking, possession, transportation, size and sale of fish when taken from said waters, to provide penalties for the violation of this act, and to repeal all acts and parts of acts conflicting therewith," being section 7655 of the Compiled Laws of 1915, as last amended by Act No. 220 of the Public Acts of 1921. The question being on the passage of the bill, the roll was called and the Senators voted as follows: |