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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 sub ject 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 grades of naval stores.
House Enrolled Act No. 26 (House Bill No. 179, file No. 122)—

An act to amend Act No. 134, Public Acts of 1885—an act to regulate the practice of pharmacy.

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

NAYS

Anderson
Armstrong
Bartlett
Beam
Binning
Birkholm
Black
Brainerd
Braun
Bristow
Bryant
Callender
Campbell, J. L.
Campbell, W. B.
Carter
Clancy
Clement
Cowan
Crutchfield
Culver
Curtis
Darin
De Boer
Deshano

Dexter
Dykstra
Evans
Farrand
Farrier
Fuller
Gardner
Gillett
Green
Haight
Harris
Hartman
Hartzog
Holland
Hosking
Howell
Hoyt
Hulett
Jewell
Kirby
Kooyers
Langsford
Lawson
Lewis

Look
MacKinnon
Madill
McEachron
McKenzie
McKibbin
McLain
McNitt
Miller
Ming
Morrison D. F.
Morrison, E. C.
Murphy
Musson
Netting
O'Beirne
Oberdorffer
O'Connell
Odell
Ormsbee
Osborn
Palmer
Peters
Preston

Rauchholz
Read, J. Herbert
Reed, Chas H.
Reid, Archie M.
Richardson
Rorick
Roxburgh
Sink
Skeels
Smedley
Snow
Strauch
Thomas, Walter J
Thomas, Wm. J.
Turner
Upjohn
Van Every
Wade
Walters
Warner
Watson
Wells, Hayes E.
Speaker pro tem

95

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:

YEAS

Anderson
Armstrong
Bartlett
Beam
Binning
Birkholm
Black
Brainerd
Braun
Bristow
Bryant
Callender
Campbell, J. L.
Campbell, W. B.
Carter
Clancy
Clement
Cowan
Crutchfield
Culver

Dexter
Dykstra
Evans
Farrand
Farrier
Fuller
Gardner
Gillett
Green
Haight
Harris
Hartman
Hartzog
Holland
Hosking
Howell
Hoyt
Hulett
Jewell
Kirby

Look
MacKinnon
Madill
McEachron
McKenzie
McKibbin
McLain
McNitt
Miller
Ming
Morrison D. F.
Morrison, E. C.
Murphy
Musson
Netting
O'Beirne
Oberdorffer
O'Connell
Odell
Ormsbee

Rauchholz
Read, J. Herbert
Reed, Chas H.
Reid, Archie M.
Richardson
Rorick
Roxburgh
Sink
Skeels
Smedley
Snow
Strauch
Thomas, Walter J
Thomas, Wm. J.
Turner
Upjohn
Van Every
Wade
Walters
Warner

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

The Speaker pro tem laid before the House
House Bill No. 185 (file No. 268)—

bill to provide for the suppression and to prevent the prea of the European corn borer.

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. 942 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:

YEAS

Anderson
Armstrong
Bartlett
Beam
Binning
Birkholm
Black
Brainerd
Braun
Bristow
Bryant
Callender
Campbell, J. L.
Campbell, W. B.
Carter
Clancy
Clement
Cowan
Crutchfield
Culver
Curtis
Darin
De Boer
Deshano

Dexter
Dykstra
Evans
Farrand
Farrier
Fuller
Gardner
Gillett
Green
Haight
Harris
Hartman
Hartzog
Holland
Hosking
Howell
Hoyt
Hulett
Jewell
Kirby
Kooyers
Langsford
Lawson
Lewis

Look
MacKinnon
Madili
McEachron
McKenzie
McKibbin
McLain
McNitt
Miller
Ming
Morrison D. F.
Morrison, E. C.
Murphy
Musson
Netting
O'Beirne
Oberdorffer
O'Connell
Odell
Ormsbee
Osborn
Palmer
Peters
Preston

Rauchholz
Read, J. Herbert
Reed, Chas H.
Reid, Archie M.
Richardson
Rorick
Roxburgh
Sink
Skeels
Smedley
Snow
Strauch
Thomas, Walter J
Thomas, Wm. J.
Turner
Upjohn
Van Every
Wade
Walters
Warner
Watson
Wells, Hayes E.
Speaker pro tem

95

NAYS

0

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

A message was received from the Senate transmitting Senate Bill No. 77 (file No. 39), entitled A bill to amend section 15 of chapter 30 of Act No. 314 of the Public Acts of 1915, “The Judicature Act of 1915," being section 13243 of the Compiled Laws of 1915, as last amended by Act No. 320 of the Public Acts of 1923, and to add to said chapter 30 of Act No. 314 of the Public Acts of 1915 a new section to be known as section 30, and to repeal sections 15-a, 15-b and 15-c of said chapter.

The message informed the House of Representatives that the Senate had passed the bill.

The bill was read a first and second time by its title and referred to the Committee on Judiciary.

A message was received from the Senate transmitting
Senate Bill No. 301 (file No. 306), entitled

A bill to repeal Act No. 207 of the Public Acts of 1923, entitled "An act to limit the amount of real estate and the location thereof which can be acquired, held or occupied by any person, partnership, corporation or association for the preservation or propagation of game or fish or for certain sporting purposes," approved May 17, 1923.

The message informed the House of Representatives that the Senate had passed the bill.

The bill was read a first and second time by its title and referred to the Committee on Conservation.

A message was received from the Senate returning with certain amendments House Bill No. 67 (file No. 159)—

A bill to make appropriations for the Michigan Military Establishment and Naval Militia-buildings, etc.

The following are the amendments made to the bill by the Senate:

(1) Section 1, line 3, strike out the figures "$123,620.00" and insert in lieu thereof the figures “$173,620.00”.

(2) Section 1, line 14, strike out the figures "15,000.00" and insert in lieu thereof the figures "35,000.00”.

(3) Section 1, line 20, strike out the figures "$93,620.00" in first column and insert in lieu thereof the figures "$113,620.00".

(4) Section 1, line 22, strike out the figures "$5,000.00", and insert in lieu thereof the figures "$35,000.00”.

(5) Section 1, line 22, after the words “Boat house" add the words "and other buildings".

(6) Section 1, line 24, strike out the figures "$30,000.00" and insert in lieu thereof the figures "$60,000.00".

(7) Section 1, line 25, strike out the figures “$123,620.00" in first column and insert in lieu thereof the figures "$173,620.00".

The message informed the House of Representatives that the Senate had passed the bill as thus amended, and had ordered that it take immediate effect.

The Speaker pro tem announced that under Rule 58 the bill would lie over one day.

A message was received from the Senate returning with certain amendments House Bill No. 68 (file No. 243)

A bill to make appropriations for the Newberry State Hospital-maintenance and operation.

The following are the amendments made to the bill by the Senate: (1)

Section 1, line 3, strike out the figures “$353,106.00" and insert. in lieu thereof the figures "$365,000.00".

(2) Section 1, line 4, strike out the figures "$369,210.00" and insert in lieu thereof the figures "$380,000.00".

(3) Section 1, strike out all of lines 9 to 15 inclusive and insert the following: "Superintendent

$ 5,000.00 $ 5,000.00 Other personal service

145,000.00 155,000.00

Total personal service
Supplies, materials and contractual service

$150,000.00
206,688.00

$160,000.00 208,143.00

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