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The Committee on Apportionment, by Mr. Walter J. Thomas, Chairman, reported Senate Bill No. 293 (file No. 307)—

A bill to apportion representatives among the several counties of the State, With the recommendation that the following amendments be adopted and that the bill then pass:

1. Amend by striking out of line 4 of section 1 the word "twenty-one" and inserting in lieu thereof the word "eighteen".

2. Amend by inserting in line 11 of section 1 after the word "Allegan" the word "Alpena".

3. Amend by inserting in line 14 of section 1 after the word "Mason" the word "Mecosta".

4. Amend by inserting in line 14 of section 1 after the word "Menominee" the word "Midland".

5. Amend by inserting in line 15 of section 1 after the word "Montcalm" the word "Newaygo".

6. Amend by inserting in line 16 of section 1 after the word "Shiawassee" the word "Wexford".

7. Amend by striking out all of lines 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 of section 1 and inserting in lieu thereof the following:

"Oceana and Lake,

Osceola and Clare,

Gladwin and Arenac,

Iosco, Ogemaw and Roscommon,

Missaukee, Kalkaska and Crawford,

Benzie and Leelanau,

Antrim and Charlevoix,

Otsego, Montmorency, Oscoda and Alcona,

Emmet and Mackinac,

Cheboygan and Presque Isle,

Luce, Schoolcraft and Alger,

Ontonagon, Keweenaw and Baraga."

The question being on the adoption of the amendments to the bill recommended by the committee,

Mr. Callender demanded the yeas and nays.

The demand was seconded.

The recommendation made by the committee was then not concurred in, a majority of all the members present not voting therefor by yeas and nays as follows:

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Mr. Culver moved that the bill be referred to the Committee of the Whole and . placed on the general orders.

Mr. McEachron moved that the bill be re-referred to the Committee on Apportionment.

Mr. Darin demanded the yeas and nays.

The demand was seconded.

The motion made by Mr. McEachron then did not prevail, a majority of all the members present not voting therefor by yeas and nays as follows:

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The question then being on the motion made by Mr. Culver that the bill be referred to the Committee of the Whole and placed on the general orders,

Mr. Darin demanded the yeas and nays.

The demand was seconded.

The motion made by Mr. Culver then prevailed, a majority of all the members present voting therefor by yeas and nays as follows:

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

Messages from the Governor.

The following message from the Governor was received and read:

Executive Office, Lansing, April 22, 1925.

TO THE MEMBERS OF THE LEGISLATURE:

There was before the legislature of 1923 the question of rearranging the senatorial districts and reapportioning the representatives among the counties, as required by the constitution. It was unfortunate that the subject was not then disposed of in a fair, legal manner and in a way that would be satisfactory to the people of the state.

At the present session there have been passed by the Senate two bills for the purpose of carrying out the constitutional mandate. They are now pending in the House of Representatives. The one rearranging the Senatorial districts still rests in committee. The one reapportioning the representatives has been reported out, amended in such fashion as to make it absolutely unconstitutional. It seems to give Midland, Mecosta, Newaygo, Wexford and Alpena, each of which counties has less than a moiety of population as determined by the census of 1920, separate representatives. The constitution makes it plain that the legislature has no power to do this. The supreme court of your state has repeatedly said that it cannot legally be done.

This proposed amendment goes farther and seeks to join the counties of Gladwin and Arenac with a combined population of 18,287, in a separate district; the counties of Iosco, Ogemaw and Roscommon, with a population of 18,017, in a separate district; Benzie and Leelanau, with a population of 16,008, in a separate district; and the counties of Otsego, Montmorency, Oscoda and Alcona, with a joint population of 17,827, in a separate district.

You will thus observe that each one of these groups has less than a moiety and it consequently must appear, from a most casual consideration, that the same is in direct conflict with the constitution and the decisions of our supreme court. With these facts before the legislature, I cannot see how it is possible for anyone, let alone a member of the legislative body, for one moment, to seriously consider the adoption of such a proposal, or the passing of a subterfuge bill that would mean the complete stullification of everyone voting for it. This is a subject that should not be trifled with either in committee or on the floor of either

branch of the legislature. It is an issue that must be squarely met and honorably decided. The people of the state understand its importance and are awaiting its disposition on a basis of fairness and justice.

The bills passed by the Senate are without constitutional objection. The bill apportioning the representatives gives each county having a moiety a representative, each county having a ratio, a representative; each group of counties having a moiety a representative and each county having a ratio and a moiety, two representatives and so forth. The only exception being in the case of Livingston County, which is given a representative because of legislative necessity.

I feel that it is my duty to present these facts to you so that any future action can be taken with a full knowledge of the situation as it exists. The work of this legislature has progressed thus far very favorably-many important subjects have been considered and well disposed of and I express the hope that nothing will now occur to mar this splendid record.

Respectfully submitted,

ALEX J. GROESBECK,

Governor.

Messages were received from the Governor informing the House of Representatives that on Monday, April 20, he had approved and deposited in the office of the Secretary of State

House Enrolled Act No. 25 (House Bill No. 181, file No. 73)—

An act to establish standard
House Enrolled Act No. 26
An act to amend Act No.

practice of pharmacy.

grades of naval stores.

(House Bill No. 179, file No. 122)

134, Public Acts of 1885-an act to regulate the

House Enrolled Act No. 27 (House Bill No. 277, file No. 121)—

An act to amend Act No. 223, Public Acts of 1863-to fix the weight per bushel of certain vegetables.

House Enrolled Act No. 40 (House Bill No. 192, file No. 56)

An act to amend Act No. 255, Public Acts of 1899-to provide that organizations for the distribution of farm produce shall not be construed as trusts.

Messages were received from the Governor informing the House of Representatives that on Tuesday, April 21, he had approved and deposited in the office of the Secretary of State.

House Enrolled Act No. 35 (House Bill No. 94, file No. 26)—

An act to regulate the payment of wages for labor performed.
House Enrolled Act No. 42 (House Bill No. 379, file No. 180)—
An act to provide for the protection of bear.

Mr. Preston moved that all further proceedings under the call be dispensed with.

The motion prevailed.

Messages from the Senate.

The Speaker pro tem laid before the House

House Bill No. 248 (file No. 120)—

A bill to provide for the protection of game and birds.

The bill was received from the Senate on Tuesday, April 21, with certain amendments made by the Senate, consideration of which was postponed until today under the rules.

(For amendments see p. 943 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 not concurred in, a majority of all the members-elect not voting therefor, by yeas and nays, as follows:

YEAS

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The Speaker pro tem laid before the House
House Bill No. 385 (file No. 278)-,

A bill to make appropriations for the Department of Agriculture-inspection of roadside stands, etc.

The bill was received from the Senate on Tuesday, April 21, with certain amendments made by the Senate, consideration of which was postponed until today under the rules.

(For amendments see p. 943 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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