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JOURNAL OF THE SENATE

NUMBER SIXTY-EIGHT.

Senate Chamber,

Lansing, Monday, April 23, 1923.

8:30 o'clock p. m.

The Senate met pursuant to adjournment and was called to order by the President.

Religious exercises were conducted by Rev. A. T. Graves, Hillsdale Baptist Church of Lansing.

The roll of the Senate was called by the Secretary.

Present: Senators Atwood, Bahorski, Bohn, Brower, Condon, Connelly, Eldred, Gansser, Gettel, Glaspie, Hayes, Henry, Horton, Hunter, Johnson, Karcher, Leland, MacNaughton, Osborn, Pearson, Penney, Riopelle, Ross, Sligh, Smith, Truettner, Whiteley, Wood, Young-29; a quorum.

Absent with leave: Senator William L. Case-1.

Absent without leave: Senators Bernie L. Case and Wilcox-2.

Mr. Connelly moved that the absentees without leave be excused from today's session.

The motion prevailed.

Presentation of Petitions.

Petition No. 562. By Mr. Truettner. Petition of Carl Emil Ericson and eighty other citizens of Ishpeming, favoring the pass of the Chiropractors' Bill. The petition was referred to the Committee on Public Health.

Petition No. 563. By Mr. Gansser. Petition of Department of Michigan, the American Legion, in favor of Senate Bill No. 269, file No. 227, appropriating funds for the equipment and maintenance of the Orphans' Home for service men's children, located at Otter Lake, Lapeer County.

The petition was referred to the Committee on Military Affairs.

Petition No. 564. By Mr. MacNaughton. Petition of William Zaagman and thirty others favoring proposed changes in Embalmers Law-Senate Bill No. 301. The petition was referred to the Committee on Public Health.

Petition No. 565. By Mr. Truettner. Petition of the Ironwood Post No. 5, The American Legion, favoring the passage of House Bill No. 387 to authorize appropriations for maintenance, etc., of American Legion Children's Billet, Otter Lake. The petition was referred to the Committee on Military Affairs.

Petition No. 566. By Mr. Truettner. Petition of Julia M. Brackett and 72 others of Iron Mountain, supporting the Chiropractic Bill.

The petition was referred to the Committee on Public Health.

Petition No. 567. By Mr. Bohn. Resolution adopted by the City Board of Health of Lansing opposing the passage of the Chiropractor's Bill.

The petition was referred to the Committee on Public Health.

Petition No. 568.

By Mr. Karcher. Petition of J. F. Ritchie and forty others

asking the passage of the income tax bill.

The petition was referred to the Committee on Taxation.

Petition No. 569. By Mr. Karcher. Petition of Louis L. Kelley and fifty others protesting against the passage of H. B. No. 336, which grants additional power to State Highway Commissioner.

The petition was referred to the Committee on Highways.

Announcement by Secretary of Printing and Filing of Bills.

The Secretary announced that the following named bills had been printed and placed upon the files of the Senators April 20:

Senate bill No. 302 (file No. 285)

To codify election laws.

Senate bill No. 41 (file No. 309), (substitute for Senate file No. 21)—

To make appropriations of the Legislature.

Senate bill No. 327 (file No. 310)

To amend sec. 5, Act No. 35, P. A. of 1867, "An act to provide for the formation of street railway companies," being sec. 8536, C. L. of 1915, as amended by Act No. 313, P. A. of 1917-amendment of articles of association.

Senate bill No. 247 (file No. 311), (substitute for Senate file No. 206)

To amend sec. 27, Act No. 233 of the laws of Michigan of 1869-City of Detroit School Act--as amended by Act No. 536, L. A. of 1907-teachers' retirement fund. Senate bill No. 328 (file No. 312)

To protect moose, etc., on Isle Royale.

Senate bill No. 301 (file No. 313)

To amend sec. 12, Act No. 132, P. A. of 1903-Embalmers Act-as added by Act No. 62, P. A. of 1921, being sec. 6906 to 6915, inclusive, C. L. of 1915-apprentices. Senate bill No. 257 (file No. 314)

To amend Act No. 206, P. A. of 1893-General Tax Law-and to repeal Act No. 200, P. A. of 1891, being secs. 3995 to 4156, inclusive, C. L. of 1915-relative to bond to be furnished by personal property owner.

Senate bill No. 329 (file No. 315)

To authorize Board of State Auditors to allow certain claims on account of construction of pavement on Walnut Street, Lansing.

Senate bill No. 330 (file No. 316)—

To authorize Board of State Auditors to allow certain claims on account of construction of sewer in Chestnut Street, Lansing.

Senate bill No. 331 (file No. 317)

To authorize Board of State Auditors to allow certain claims on account of construction of pavement in alley, in block 115, Lansing.

Senate bill No. 332 (file No. 318) —

To authorize Board of State Auditors to allow certain claims on account of grading and gravelling of Daleford Avenue, from Princeton to Grove, and State Street, From Daleford north to Maple, Lansing.

Senate bill No. 333 (file No. 319)—

To authorize Board of State Auditors to allow certain claims on account of grading and gravelling of Fairview Avenue, from Michigan to Franklin, Lansing. House bill No. 27 (file No. 312)—

To make appropriations for the Industrial School for Boys.

House bill No. 474 (file No. 313)

To amend section 3, chapter 10, Act No. 164, P. A. of 1881-voting of taxes by boards of education.

House bill No. 384 (file No. 314)—

To amend section 14, article 2, title 1, Act No. 167, P. A. of 1917-to regulate sizes of courts in dwellings.

House bill No. 484 (file No. 315)

To provide better highway facilities between Detroit and Pontiac.

House bill No. 519 (file No. 316)

To create a State welfare fund and to provide assistance to dependents of convicts confined in penal institutions.

House bill No. 481 (file No. 317)

To amend section 2, Act No. 91, P. A. of 1911-tax on mortgages and liens. House bill No. 483 (file No. 318)

To amend section 2, Act No. 195, P. A. of 1903-an act to provide for the taxation of inheritances, etc.

House bill No. 459 (file No. 319)

To amend section 2, Act No. 369, P. A. of 1919-to provide that a presiding judge shall serve for a period of from one to three months.

House bill No. 530 (file No. 320)

To amend section 2, Act No. 77, P. A. of 1849-fees of witnesses.

House bill No. 528 (file No. 321)

To amend section 11, chapter 12 of the Judicature Act of 1915-attachment actions.

House bill No. 527 (file No. 322)

To amend section 18, chapter 9 of the Judicature Act of 1915-to bar actions by executors or administrators after three years.

House bill No. 532 (file No. 323)

To amend section 5, chapter 52 of the Judicature Act of 1915-wills of deceased persons.

House bill No. 533 (file No. 324)—

To amend section 22, chapter 52 of the Judicature Act of 1915-payment of expenses of widows and children pending settlement of husband's estate.

House bill No. 522 (file No. 325)

To enable townships to construct and maintain docks, etc.

House bill No. 514 (file No. 326)

To require various committees, etc., formed to promote the interest of candidates for public office to file certain reports.

House bill No. 516 (file No. 327)

To amend sections 19 and 21, Act No. 109, P. A. of 1913-an act to regulate and limit nomination and election expenses.

House bill No. 534 (file No. 328)

To amend section 18, chapter 66, Revised Statutes of 1846-rights of wife in real estate left by husband.

House bill No. 156 (file No. 329)

To authorize Boards of Supervisors to establish and maintain law libraries in their respective counties.

House bill No. 238 (file No. 330)—

To amend Act No. 203, P. A. of 1917-to provide for the furnishing and displaying of the American flag at each polling place.

The Secretary also announced that the following named bills had been printed and placed upon the files of the Senators April 21:

Senate bill No. 336 (file No. 320)—

To amend sec. 27, chapter XXIX, Act No. 314, P. A. of 1915 The Judicature Act-being sec. 13194, C. L. of 1915-writ of possession.

Senate bill No. 338 (file No. 322)—

To provide that rural schools be named and provided with mail facilities.
Senate bill No. 339 (file No. 323)—

To authorize the issuance of registered bonds of the State in exchange for coupon bonds, etc.

Senate bill No. 341 (file No. 325)—

To fix the compensation of circuit court stenographers in the several judicial circuits.

Senate bill No. 335 (file No. 326)—

To amend sec. 46, Act No. 206, P. A. of 1893-General Tax Law-and to repeal Act No. 200, P. A. of 1891, being sec. 4042, C. L. of 1915-separate receipt for State taxes paid.

The Secretary also announced that the following named bills had been printed and placed upon the files of the Senators April 23: Senate bill No. 52 (file No. 321)

To amend secs. 1 and 2, Act No. 188, P. A. of 1899-Inheritance Tax Law-being secs. 14524 and 14525, C. L. of 1915, as amended by Act No. 148, P. A. of 1919inheritance tax.

Senate bill No. 340 (file No. 324)

To amend sec. 1, Act No. 70, P. A. of 1917, "An act to increase the efficiency of the military establishment"-compensation.

House bill No. 354 (file No. 339)

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To amend section 2, Act No. 185, P. A. of 1897-to provide for the filing of affidavits in connection with school reports.

House bill No. 460 (file No. 340)

To prohibit hunting on Sunday in Sanilac county.

House bill No. 52 (file No. 341)

To provide for the payment of bounties for the destruction of certain noxious animals.

House joint resolution No. 17 (file No. 342)

Proposing amendment to section 22, article 5 of the Constitution of Michigan, relative to period during which bills may be introduced in the Legislature. House bill No. 547 (file No. 343)

To amend section 2, Act No. 184, P. A. of 1905-an act to provide for the indeterminate sentence.

House bill No. 189 (file No. 344)

To amend section 148, Act No. 206, P. A. of 1893-to permit assessing officers to examine books held in trust, for the purpose of fixing tax values.

House bill No. 405 (file No. 345)

To amend section 34, Act No. 206, P. A. of 1893-an act to provide for the assessment of property and the levy and collection of taxes thereon.

House bill No. 545 (file No. 346)

To provide for a State property tax for the maintenance of public schools. House bill No. 436 (file No. 347)—

To provide for the appointment of a special legislative committee to investigate the matter of establishing an additional normal school.

House bill No. 548 (file No. 348)—

To provide for the payment of costs in criminal proceedings instituted by the State.

Reports of Standing Committees.

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:

Senate bill No. 339 (file No. 323), entitled

A bill to authorize the issuance of registered bonds of the State in exchange for coupon bonds and to provide for the refunding of certain outstanding bonds of the State.

WILLIAM M. CONNELLY,

Chairman.

The report was accepted.

The bill was referred to the Committee of the Whole.

Mr. Bohn submitted the following report:

The Committee on Public Health respectfully reports back to the Senate the following entitled bill, without recommendation: Senate bill No. 276 (file No. 229), entitled

A bill to authorize the sterilization of mentally defective persons.

The report was accepted.

F. P. BOHN,

Chairman.

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

Mr. Bohn submitted the following report:

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

Senate bill No. 318 (file No. 284), entitled

A bill to establish a general hospital at the Village of Powers in the County of

Menominee and State of Michigan, to be known as the Upper Peninsula General Hospital, for the care and treatment of persons afflicted with disease or suffering from physical infirmities, to provide for the management and control thereof, to make appropriations therefor and to provide a tax to meet the same.

The report was accepted.

F. P. BOHN,
Chairman.

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

Mr. Brower submitted the following report:

The Committee on Finance and Appropriations 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: House bill No. 35 (file No. 89), entitled

A bill to make appropriations for the State Psychopathic Hospital for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes.

The following are the amendments recommended by the committee:

1. Amend Section 1, line 3, by striking out the figures "$74,887.00" and insert in lieu thereof the figures "$76,687.00."

2.

Amend Section 1, line 4 by striking out the figures "$74,787.00" and insert in lieu thereof the figures "$76,587.00."

3. Amend Section 1, line 11 by striking out the figures "$44,782.00-$44,782.00" and insert in lieu thereof the figures "$46,582.00-$46,582.00."

4. Amend Section 1, line 19 by striking out the figures "$74,887.00-$74,787.00" and insert in lieu thereof the figures "$76,687.00-$76,587.00"

5. Amend Section 2 by striking out of lines 2 and 3 the words "and the disbursing officer of the State Psychopathic Hospital shall render his accounts therefor."

The report was accepted.

B. E. BROWER,

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. 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. 210 (file No. 131), entitled

A bill to make appropriations for the Michigan Board of Pharmacy 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 2, lines 2 and 3 by striking out the words "and the disbursing officer of the Michigan Board of Pharmacy shall render his accounts therefor." 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 with amendment, recommending that the amendment be agreed to and that the bill, as thus amended, do pass: House bill No. 66 (file No. 159), entitled

A bill to make appropriations for the State Banking Department 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 2, lines 2 and 3 by striking out the words "and the disbursing officer of the State Banking Department shall render his accounts therefor." B. E. BROWER,

Chairman.

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