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11-18-1925

JOURNAL OF THE HOUSE

NUMBER FIFTY-EIGHT.

Lansing, Tuesday, April, 7, 1925.

10 o'clock a. m.

The House was called to order by the Speaker.

Rev. John P. Jockinsen, of the Pilgrim Congregational Church of Lansing, offered the invocation:

“Almighty and gracious God, we would come to Thee in no perfunctory manner, as a mere matter of form, but in recognition of the fact that unless we build the State after Thy plan we build in vain. Sometimes we fall far short of the great ideal. We labor with many diverse and human elements. Sometimes we are not willing to lay our own wishes and prejudices aside for the larger good. In our Democracy we may move forward slowly, but we would move forward just the same. And so we pray Thee that this day a little progress may be made, some work accomplished, something done that is worth while and of help to this Commonwealth. We thank Thee for the good things that have been accomplished in the past, that greater good may be accomplished in the future, and that in building the State we may also build the individual, that the rights of children may be guarded and protected, that we may stop breeding the weak and the insane and the diseased, that youth in its inexperience may not run wild without the right kind of friendly guardianship and that young people may not in their foolishness and with a whim of impulsiveness enter into that most sacred relationship of life without due and careful consideration. So we pray Thee God, to bless this session to do with wisdom, prudence, foresight, and courage those things which are best for our State. Amen."

The roll of the House was called by the Clerk, who announced that a quorum was present.

The following member was absent with leave:
Mr. Murphy.

The following members were absent without leave: Messrs. Bartlett, Darin, Gillett, Harris, Howell, Johnson, Lawson, Madill, McKibbin, McNitt, O'Beirne, Rauchholz, Wm. J. Thomas and Van Every.

Mr. DeBoer moved that all absentees without leave be excused from today's session.

The motion prevailed.

Reports of Standing Committees.

The Committee on Agricultural College, by Mr. Strauch, Chairman, reported Senate Bill No. 217 (file No. 214)

A bill to amend Act No. 269, Public Acts of 1919—to change the name of the Michigan Agricultural College to Michigan State College of Agriculture and Applied Science,

With the recommendation that the bill pass.

The bill was referred to the Committee of the Whole and placed on the general orders.

The Committee on Public Utilities, by Mr. Green, Chairman, reported
House Bill No. 474—

A bill to restore to the Michigan Public Utilities Commission all rights, including those given to the Michigan Railroad Commission,

With the recommendation that the bill pass.

The bill was ordered printed, referred to the Committee of the Whole and placed on the general orders.

The Committee on Public Utilities, by Mr. Green, Chairman, reported
Senate bill No. 62 (file No. 238)—
A bill to make appropriations for the Michigan Public Utilities Commission,
With the recommendation that the bill pass.
The bill was referred to the Committee on Ways and Means.

The Committee on City Corporations, by Mr. Dykstra, Chairman, reported
House Bill No. 32 (file No. 140)—

A bill to amend Act No. 279, Public Acts of 1909–Home rule act—to provide rapid transit,

With the recommendation that the following amendment be adopted and that the bill then pass:

1. Amend by striking out lines 241 to 613, both inclusive, and inserting in lieu thereof, the following:

“(y) For the acquisition by construction, condemnation or purchase and for the ownership, equipment, possession, leasing, operation and maintenance of a Rapid Transit System consisting of a tunnel, subway, surface or elevated system or any combination and qualification of these, in and through said city, and for a distance of not more than ten miles beyond its limits, for the purpose of furnishing transportation facilities to the municipality and to the people thereof; for the preparation and publication of plans for such construction, equipment and maintenance in accordance with charter provisions adopted hereunder; for the operation of such facilities independently or in connection with other transportation facilities, or transportation system, owned, operated or controlled by such city or existing therein, or in the territory in which any such rapid transit system is established; for the appropriate designation of such facilities; for the taking of the fee of or easement or right of way on, under, above and through any property for the purposes thereof, by gift, grant and purchase, and by condemnation proceedings in accordance with any law of the State of Michigan providing therefor; and for the management of such facilities, for the purposes for which the same are or may be acquired or constructed. Provision may also be made for the execution of contracts incidental to the carrying out of the purposes hereby contemplated. In the event that property is taken by condemnation under any statute pertaining thereto, the actual benefits accruing to or received by a remainder of any such parcel on account of the construction of the improvement shall be taken into account in determining the damages to be awarded by way of compensation to the owner or owners of such property. The charter shall also provide for the proper financing of the acquisition and construction of any such system and facilities, by direct taxation, special assessments on the basis of benefits actually and exclusively received by property affected by any such improvement, or by borrowing money and issuing bonds or other evidence of indebtedness therefor, or by a combination of such methods; and for the defraying of the cost of maintenance, operation and management of such facilities and for payment of interest on and a sinking fund to retire any bonds issued under this sub-section, from the revenues received as a result of the operation thereof by the city. Bonds executed and sold for the purpose of raising money to cover the cost of such acquisition and construction may be issued on the faith and credit of the city, or same may be accrued by mortgage on the property and revenues of the utility established pursuant hereto. The aggregate amount of bonds issued on the faith and credit of the city under this sub-section shall not exceed two per cent. of the assessed valuation of the taxable property within said city for the preceding fiscal year; and in computing the total indebtedness of the city for the purpose of determining whether any other limitation prescribed by law has been exceeded, such bonds shall not be included. Except as is in this subsection otherwise specifically provided, all bonds issued by a city for the purposes hereby contemplated shall be subject to the restrictions and conditions * preseribed in sub-division (b) of this section. In case provision is made in the

charter for raising money by direct taxation for the purposes hereof, the amount of such tax levied and assessed in any year shall not exceed one-sixth of one per cent. of the assessed valuation of the city for such year; and the amount of any such tax shall not be subject to any other limitations prescribed by law, or considered in determining whether any such limitation has been exceeded. In no case shall more than sixty per cent of the total estimated cost of acquiring or constructing any such rapid transit system or portion or extension thereof, be raised by direct taxation, and by the issuance of bonds on the faith and credit of the city. . As incidental to the authority hereby granted, provision may be made in any city charter for the exercise of powers incidental to the accomplishment of the purposes hereof, and reasonably calculated and designed to facilitate the furnishing of adequate transportation facilities by the means aforesaid to the municipality and the people thereof. No charter amendment or amendments, contemplating and providing for the exercise of the powers referred to in this sub-section shall be submitted to a vote of the electors unless and until the same shall have been published pursuant to the direction of the legislative body of the city, in at least one newspaper having a general circulation in such city at least once each week for three weeks in succession during the thirty day period immediately preceding the date of the election; and no plan for construction and operation of any rapid transit system shall be put into effect unless the same shall first have been submitted to the qualified electors of the city and approved thereby. Such submission of plan shall be made subsequent to the enactment of said charter amendments either at a general election or a special election called for that purpose by the legislative body of the city. Such contemplated plan shall, before its submission, and as a condition prerequisite thereto, be published once each week for six weeks in succession in some daily newspaper having a general circulation within the city, during the sixty day period immediately preceding the date of submission to the electors; and the contemplated plan as so published shall specify the route or routes of the proposed rapid transit system, the type of construction proposed for the various sections or parts thereof, the method or methods for financing the improvement, the order in which the various sections or parts are to be constructed or acquired, the system of management to be adopted, the estimated cost of the various sections or parts of the system, and such other matters as the legislative body of the city shall require; Provided, however, That the financial plan so submitted shall not permit special assessments against any property in excess of actual benefits, meaning increased value, accruing exclusively as a result of said improvement; and the payment of such special assessments made under this sub-section, shall be pro-rated over a period of not less than ten (10) years.

(z) For negotiating, executing and performing contracts with any other municipality, or municipalities, duly authorized and empowered to that end, with reference to the construction, equipment, operation, maintenance and management of a rapid transit system and facilities, and for the financing of any obligations, assumed under or imposed by any such contract. The grants, limitations and restrictions set forth in the preceding sub-section of this section shall be deemed applicable to, and shall be observed in the adoption of, charter provisions and amendments hereunder and in the exercise of the authority hereby granted."

The question being on the adoption of the amendment to the bill recommended by the committee, The amendment was adopted.

The bill was referred to the Committtee of the Whole and placed on the general orders.

Messages from the Senate.

The Speaker laid before the House
House Bill No. 130 (file No. 80)-

A bill to amend Act No. 256, Public Acts of 1917—to provide that fraternal benefit societies may hold real estate.

The bill was received from the Senate on Monday, April 6, with an amendment made by the Senate, consideration of which was postponed until today under the rules.

(For amendment see p. 685 of the House Journal.)

The question being on concurring in the adoption of the amendment made to the bill by the Senate,

Mr. Culver moved that the further consideration of the bill be postponed until tomorrow, Wednesday, April 8.

The motion prevailed.

The Speaker laid before the House
House Bill No. 94 (file No. 26)-
A bill to regulate the payment of wages for labor performed.

The bill was received from the Senate on Monday, April 6, with certain amendments made by the Senate, consideration of which was postponed until today under the rules.

(For amendments see p. 683 of the House Journal.)

The question being on concurring in the adoption of the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of all the members-elect voting therefor, by yeas and nays, as follows:

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The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Mr. Howell entered the House and took his seat.

The Speaker laid before the House
House Bill No. 99 (file No. 88) –
A bill to provide for the better protection of human life at railroad crossings.

The bill was received from the Senate on Monday, April 6, with a substitute therefor, submitted by the Senate, consideration of which was postponed until today under the rules.

(For text of substitute see p. 514 of the Senate Journal, April 1.)

The question being on concurring in the adoption of the substitute submitted by the Senate,

Mr. Roxburgh moved that the bill, with the accompanying substitute, be referred to the Committee on Transportation.

The motion prevailed.

Notices.

Mr. Crutchfield gave written notice that on Wednesday, April 8, he would move to discharge the Committee on General Taxation from further consideration of

House Bill No. 29

A bill to amend Act No. 206, Public Acts of 1893—to provide that an assessing officer who assesses property at more or less than its cash value shall be deemed guilty of a misdemeanor.

Third Reading of Bills.

House Bill No. 283 (file No. 81), entitled

A bill to create a State Tax Department; to prescribe its powers and duties and the administration thereof; to provide for the transfer to said department of the powers and duties now vested by law in the Board of State Commissioners; to abolish said board, the powers and duties of which are hereby transferred, and to repeal all acts and parts of acts contravening any of the provisions of this act,

Was read a third time and passed, a majority of all the members-elect voting therefor, by yeas and nays, as follows:

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The House agreed to the title of the bill.
Mr. Evans moved that the bill be given immediate effect.
The motion prevailed, two-thirds of all the members-elect voting therefor.

Mr. Gillett entered the House and took his seat.

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