House bill No. 61 (file No. 160), entitled A bill to make appropriations for the State Treasury Department for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. Senate bill No. 327 (file No. 310), entitled A bill to amend section 5 of Act No. 35 of the Public Acts of 1867, entitled, as amended, "An act to provide for the formation of street railway companies, defining their powers and duties and authorizing the construction, use, maintenance and ownership of street railways for the transportation of passengers, and for accumulating, storing, manufacturing, conducting, using, selling, furnishing, and supplying electricity and electric power, by such companies," being section 8536 of the Compiled Laws of 1915, as amended by Act No. 313 of the Public Acts of 1917. Senate bill No. 198 (file No. 327), entitled A bill to amend section 1 of Act No. 32 of the Public Acts of 1873, entitled "An act to extend aid to the University of Michigan, and to repeal an act, entitled 'An act to extend aid to the University of Michigan,' approved March 15, 1867, being sections 3506 and 3507 of the Compiled Laws of 1871," as amended by Act No. 247 of the Public Acts of 1921, being section 1183 of the Compiled Laws of 1915. House bill No. 372 (file No. 153), entitled A bill to amend section 1 of chapter 66, and section 1 of chapter 75 of Act No. 314 of the Public Acts of 1915, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice, and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," being sections 14166 and 14337, respectively, of the Compiled Laws of 1915. Senate bill No. 325 (file No. 306), entitled A bill to provide for the detention of insane persons for examination in certain cases. House bill No. 406 (file No. 210), entitled A bill to amend section 6 of chapter 13 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 12409 of the Compiled Laws of 1915. House bill No. 418 (file No. 199), entitled A bill to amend section 3 of chapter 60 of Act No. 314 of the Public Acts of 1915, "The Judicature Act of 1915," being section 14040 of the Compiled Laws of 1915. House bill No. 402 (file No. 211), entitled A bill to amend section 35 of Act No. 183 of the Public Acts of 1897, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," being Compiler's section 14502 of the Compiled Laws of 1915, as amended by Act No. 381 of the Public Acts of 1921. Senate bill No. 303 (file No. 267), entitled A bill to amend section 9 of chapter 1 of Part II of Act No. 84 of the Public Acts of 1921, entitled "An act to provide for the organization, regulation and classifi cation of domestic corporations; to prescribe their rights, powers, privileges and immunities; to prescribe the conditions upon which corporations may exercise their franchises; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to carry on business within this State; to prescribe penalties for violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations," approved April 26, 1921. Senate bill No. 300 (file No. 266), entitled A bill to repeal Act No. 88 of the Public Acts of 1909, entitled "An act to exempt from taxation bonds hereafter issued by any county, township, city, village or school district within the State of Michigan," being sections 4194 and 4195 of the Compiled Laws of 1915. House bill No. 304 (file No. 242), entitled A bill to amend sections 1, 3, 7 and 8 of Act No. 71 of the Public Acts of 1909, as amended, entitled "An act to provide for the examination, regulation, licensing and registration of optometrists practicing optometry and for the punishment of offenders against this act," being sections 6795, 6797, 6801 and 6802 of the Compiled Laws of 1915, as amended by Act No. 225 of the Public Acts of 1919. House bill No. 36 (file No. 126), entitled A bill to make appropriations for the Michigan Soldiers' Home for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 289 (file No. 176), entitled A bill to make appropriations for the Department of Public Instruction for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 28 (file No. 136), entitled A bill to make appropriations for the Michigan College of Mines for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 37 (file No. 178), entitled A bill to make appropriations for the State Public School for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 25 (file No. 147), entitled A bill to make appropriations for the Michigan School for the Deaf for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 31 (file No. 91), entitled A bill to make appropriations for the Michigan Employment Institution for the Blind for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 26 (file No. 215), entitled A bill to make appropriations for the Michigan School for the Blind, for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. House bill No. 63 (file No. 157), entitled A bill to make appropriations for the Department of Insurance for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. 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 mainten. ance and control of the same," being section 5947 of the Compiled Laws of 1915, as amended. Senate bill No. 340 (file No. 324), entitled A bill to amend section 1 of Act No. 70 of the Public Acts of 1917, entitled "An act to increase the efficiency of the military establishment of the State of Michigan and to make an appropriation therefor," approved April 17, 1917. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole, through its Chairman, reported back to the Senate, favorably and with amendment, the following entitled bill: Senate bill No. 319 (file No. 296), entitled A bill to authorize the formation of corporations for the purpose of damming, excavating, constructing and maintaining water courses with water power appurtenant thereto, for accumulating, storing, manufacturing, conducting, selling, furnishing and supplying to the public generally, water and water power, electricity and electric power or any other kind of power, for providing for condemnation proceedings in certain cases, and declaring the same to be a public use. The following is the amendment recommended by the Committee of the Whole: Strike out all of the bill after the words "Section 1" in line 1 and insert in lieu thereof the following: That any number of persons not less than three may form a corporation, for the purpose of accumulating, storing, manufacturing, conducting, selling, furnishing and supplying to the public generally water and water power, and for electricity and electric power, or any other kind of power, by executing under their hands and seals, articles of incorporation in manner and form as required by certain other corporations by the provisions of Part One, Chapter 2, of Act No. 84 of Public Acts of 1921 of Michigan and amendments thereto, and thereupon such corporations shall have and enjoy all the powers and privileges of corporations for pecuniary profit organized under said Act No. 84 of Public Acts of 1921 of Michigan, and amendments thereto. Section 2. Every such corporation, organized as provided in Section one of this Act, shall also have the following powers: First, To cause such examinations and surveys for all proposed improvements to be made, as may be necessary to prepare for the work to be done. Second, To acquire by lease, purchase, grant and donation all such lands, real estate, flowage rights, water power and other property, and any interest therein, as may be necessary to carry out its corporate purposes; Third, To dam any stream or streams, and to excavate, construct, maintain, repair and improve any existing stream or canal, or which it may excavate and construct, with water power appurtenant thereto. Fourth, To flood, flow and submerge its land and property by constructing the necessary dams in any canal, or in creeks, streams or other water courses, natural or artificial; Fifth, To condemn all lands and any and all interest therein which may be necessary to the carrying on of its business of manufacturing and furnishing power for public use, including all lands necessary for transmitting electricity, electric current or other power across streams, highways and private property, such condemnation proceedings in all cases to be carried on and determined under and subject to the same rules and forms, as near as practicable, as are provided and required for the acquisition of lands for right of way of steam railroad lines within the State of Michigan, when the railway company is unable to agree with the owners thereof for the purchase of such lands: Provided, however, that any such corporation organized under this Act shall, before commencement of any such condemnation proceedings, first have submitted by petition its plans and survey of all lands to be used for, and also of all lands sought to be condemned as necessary for, the carrying on of its business and the furnishing of power for the public use, to the Michigan Public Utilities Commission and the Commission shall first have issued its certificate to such Corporation certifying that in its opinion the acquisition of said lands by condemnation proceedings is necessary for said purposes and for the public use, and the Commission having so certified, then such proposed use by such Corporation is hereby declared to be a public use, and such corporation shall thereupon have the right to institute and prosecute to determination condemnation proceedings as above provided, questions of public necessity and compensation to be submitted and determined as in proceedings for the condemnation of lands for right of way of steam railroad companies in this State, in accordance with the Constitution and Statutes of this State in such case made and provided, and further provided that such Corporation shall first have acquired by negotiation and purchase, and without condemnation proceedings or exercise of the power of eminent domain, from the owners thereof at least seventy-five per cent in area of all the lands necessary for the completion of any particular project or power plant or unit and of all lands necessary to be overflowed in the operation of said project or power unit; and further provided, that title to any lands condemned under the provisions of this act shall revert to the original owner thereof unless put to the use for which so condemned within five years from the time of such condemnation. Section 3. Such Corporation shall furnish and sell to the public generally such water power, electricity or electric power as it shall develop and generate in the carrying on of its business, upon such reasonable terms, rates and conditions as shall be determined from time to time by the Michigan Public Utilities Commission and the Commission may for that purpose examine all books and records of such corporation and audit the same, and any order of the Commission may be reviewed, set aside, modified or affirmed in the manner provided by law for the review of orders of the Commission pertaining to steam railroad companies. Section 4. Corporations heretofore lawfully organized for the purposes specified in Section one hereof shall have, and are hereby given, the right to condemn private property in accordance with the provisions of subdivision five of Section two of this Act and subject to the same conditions and requirements as therein specified. The Senate agreed to the amendment recommended by the Committee of the Whole and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole, through its Chairman, reported back to the Senate, favorably and with amendments, the following entitled bill: 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 of the Whole: (1) Chap. III, Section 2, line 1, after the word "application," insert "for new drainage district." (2) Chap. IV, Section 4, line 18, after the word "resolution," strike out "Releases executed by vendees in land contracts, in possession, shall be a sufficient release of any such lands." (3) Chap. XI, Section 2, line 5, after the word "act" in the amendment, insert "and for necessary repairs on old drains." (4) Chap. XVII, Section 6, line 7, after the word "Provided," add "that before such permission be granted by said Commissioner the consent in writing of the owner or owners of the lands to be traversed by said proposed blind drain, be obtained: Provided further." The Senate agreed to the amendments recommended by the Committee of the Whole and the bill as amended was placed on the order of Third Reading of Bills. The Committee on Rules to whom was referred Resolved, By the House of Representatives, (the Senate concurring), that when the legislature adjourns on Friday, April 27, 1923, it stand adjourned until Thurs day, May 17, 1923, at nine o'clock a.m., and when it adjourns on Thursday, May 17, 1923, it stand adjourned until Friday, May 18, 1923, at nine o'clock a. m., and that when it adjourns Friday, May 18, it stand adjourned without day, Respectfully recommends the adoption of the resolution amended so as to read as follows: "Resolved, By the House of Representatives, (the Senate concurring), that when the legislature adjourns on Saturday, May 5, 1923, it stand adjourned until Wednesday, May 30, 1923, at nine o'clock a. m., and when it adjourns on Wednesday, May 30, 1923, it stands adjourned until Thursday, May 31, 1923, at nine o'clock a. m., and that when it adjourns Thursday, May 31, it stand adjourned without day. H. H. WHITELEY, Chairman. The question being on the adoption of the amendment, The Senate returned to the order of Messages From The House. A message was received from the House of Representatives returning A bill to make appropriations for the State Department of Agriculture for the fiscal years ending June 30, 1924, and June 30, 1925, for the purpose of performing the duties imposed upon it by the provisions of Act No. 294 of the Public Acts of 1915, as amended. The message informed the Senate that the House has amended the bill as follows: 1. Amend by striking out of line 3, section 1, the words "seventy-five" and inserting in lieu thereof the word "fifty." 2. Amend by striking out of line 4, section 1 the words "seventy-five" and inserting in lieu thereof the word "fifty." 3. Amend by striking out of line 11, section 1, the amounts "72,500-72,500" and inserting in lieu thereof the amounts "47,500-47,500." 4. Amend by striking out of line 12, section 1, the amounts "75,000-75,000" and inserting in lieu thereof the amounts "50,000-50,000." The message further informed the Senate that as thus amended the House has passed the bill and ordered that it take immediate effect. The question being on concurring in the amendments made to the bill by the House, The roll was called and the Senators voted as follows: So, a majority of all the Senators-elect not voting therefor, The amendments were not concurred in. A message was received from the House of Representatives transmitting A bill to make appropriations for the Industrial School for Boys for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. The message informed the Senate that the House of Representatives has passed the bill and has ordered that it take immediate effect. The bill was read a first and second time by its title and referred to the Committee on State Homes. A message was received from the House of Representatives transmitting A bill to make appropriations for the Michigan State Prison for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. The message informed the Senate that the House of Representatives has passed the bill and has ordered that it take immediate effect. The bill was read a first and second time by its title and referred to the Committee on Penal Institutions. A message was received from the House of Representatives transmitting A bill to make appropriations for the Michigan Reformatory for the fiscal years ending June 30, 1924, and June 30, 1925, for maintenance, operation and other purposes. The message informed the Senate that the House of Representatives has passed the bill and has ordered that it take immediate effect. The bill was read a first and second time by its title and referred to the Committee on Penal Institutions. A message was received from the House of Representatives re-transmitting 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, opera tion and other purposes. The Senate made the following amendments to the bill: (1) Section 1, line 3, strike out the figures "$108,755.00" and insert in lieu thereof the figures "$133,755.00." (2) Section 1, line 4, strike out the figures "$108,760.00" and insert in lieu thereof the figures "$133,760.00." (3) Section 1, line 12, strike out the figures "50,000.00 50,000.00" and insert in lieu thereof the figures "75,000.00 75,000.00." (4) 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." |