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TWENTY-SECOND DAY.

Lansing, Monday, February 6, 1911.

9 o'clock p. m.

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

The roll of the Senate was called by the Secretary.
The following Senators were present:

Messrs. Barnaby, Cartier, Collins, Foster, Fowle, Freeman, James, Leidlein, Mapes, Miller, Moriarty, Murtha, Newton, Putney, Vanderwerp, Watkins, Weter, Wiggins-18.

The following Senators were absent with leave: Messrs. Kingman, Kline, Walter and Ward—4.

The following Senators were absent without leave: Messrs. Bradley, Lee, Rosenkrans, F. D. Scott, G. G. Scott, Snell, Taylor, Vaughan and White_9.

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

The motion prevailed.

COMMUNICATIONS FROMI STATE OFFICERS.

State of Michigan

Department of State, To Elbert V. Chilson, Secretary of the Senate:

I, Frederick C. Martindale, Secretary of State of the State of Michigan, do hereby certify that Mr. John Conley was duly elected to the office of State Senator from the Twenty-first Senatorial district at the special election held on Monday, January 30, 1911, as shown by the district canvassers' statement certified to this office by the County Clerk of Tuscola county.

In Witness Whereof, I have hereto affixed

my signature and the great seal of the [SEAL.]

State, at Lansing, this sixth day of Feb-
ruary, in the year of our Lord nineteen
hundred eleven.
FREDERICK C. MARTINDALE,

Secretary of State.

John Conley, Senator-elect from the twenty-first district, came forward, took and subscribed the constitutional oath of office, and assumed his duties as a State Senator.

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The following message from the Governor was received and read:

Executive Office,

Lansing, February 6, 1911. To the President of the Senate:

Sir:--I hereby submit the following nomination for the consideration of the Senate:

Dr. John V. Frazier of Lapeer, county of Lapeer, as a member of the
Board of Control of the Michigan Home for the Feeble-Minded and
Epileptic, for the term ending January 31, 1917.

Very respectfully,
CHASE S. OSBORN,

Governor.

The message was referred to the Committee on Executive Business.

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Pursuant to Rule 9 of the Senate Rules, I respectfully report that
Senate bill No. 110 (file No. 100)
Senate bill No. 111 (file No. 101) ;

Were received from the printer Thursday, February 2, and are on file in the document room of the Senate;

Also
Senate bill No. 113 (file No. 103) ;
Senate bill No. 115 (file No. 105);
Senate bill No. 116 (file No. 106);

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Were received from the printer Friday, February 3, and are on file in the document room of the Senate;

Also
Senate bill No. 118 (file No. 108);
Senate bill No. 119 (file No. 109);
Senate bill No. 120 (file No. 110);
Senate bill No. 121 (file No. 111);
Senate bill No. 122 (file No. 112);
Senate bill No. 123 (file No. 113);
Senate bill No. 124 (file No. 114);
Senate bill No. 125 (file No. 115);
Senate bill No. 126 (file No. 116);

Were received from the printer Saturday, February 4, and are on file in the document room of the Senate;

Also
Senate bill No. 114 (file No. 104);
Senate bill No. 129 (file No. 117);
Senate bill No. 130 (file No. 118);
Senate bill No. 131 (file No. 119);
Senate concurrent resolution No. 132 (file No. 120);

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Senate bill No. 133 (file No. 121);
Senate substitute for Senate bill No. 50 (file No. 122);

Have this day been received from the printer and are on file in the document room of the Senate.

ELBERT V. CHILSON,
Secretary of the Senate.

PRESENTATION OF PETITIONS.

Petition No. 15. By Mr. Mapes: Petition of Emmet Sherred and 18 other citizens of Grand Rapids, in favor of the passage of the Collins bill providing for the registration of music teachers.

The petition was referred to the Committee on Education and Public Schools.

Petition No. 16. By Mr. James: Resolutions of the board of supervisors of Ontonagon county, urging the enactment of legislation making the action of boards of supervisors on bills final.

The petition was referred to the Committee on Counties and Townships.

MESSAGES FROM THE HOUSE.

The following message from the House was received and read:

House of Representatives,

February 1, 1911. To the President of the Senate:

Sir:-I am instructed by the House to return to the Senate the following concurrent resolution:

Senate resolution No. 41.

Whereas, It has been the custom of the Legislature for a period of over fifty years to pay not only its officers and employes, but also its inernbers for seven days a week, thereby placing a construction on what is meant by the words “per diem;" and

Whereas, It is a well established principle of law that the construction of a statute uninterruptedly acquiesced in for a long period will not be disturbed except by legislative enactment; and

Whereas, It has been uniformly held by the courts in all cases involving what is meant by per diem compensation for actual attendance, that week end recesses are not regarded as permanent cessations of the business of legislation, but in the nature of adjournments from day to day when in legal contemplation the business is progressing, and that it was never intended that remuneration should cease during such adjournments; therefore be it

Resolved by the Senate (the House of Representatives concurring), That the Speaker and Clerk of the House of Representatives and the President and Secretary of the Senate are hereby respectfully instructed

to certify the pay of the several officers and employes of the House of
Representatives and Senate for seven days in each week.
In the adoption of which the House has concurred.

Very respectfully,

PAUL H. KING,
Clerk of the House of Representatives.

The resolution was referred to the Secretary for record.

The following message from the House was also received and read:

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House of Representatives,

February 3, 1911. To the President of the Senate:

Sir:-I am instructed by the House to transmit to the Senate the following concurrent resolution:

Flouse resolution No. 55.

Whereas, The National House of Representatives by a vote of 188 to 169 has decided in favor of San Francisco as the city in which an exposition to celebrate the opening of the Panama Canal, in the year 1915, shall be held; therefore be it

Resolved by the House of Representatives (the Senate concurring ),

That the Legislature of the State of Michigan join with the Congress in endorsing San Francisco as the city in which to hold the Panama Canal Exposition in 1915, thus signalizing the completion of the canal;

Which had been adopted by the House, and in which the concurrence of the Senate is respectfully asked.

Very respectfully,

PAUL H. KING,
Clerk of the House of Representatives.

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The question being on concurring in the adoption of the resolution,
The resolution was adopted.

The following message from the House was also received and read:

House of Representatives,

February 4, 1911.
To the President of the Senate:
Sir:

-I am instructed by the House to transmit to the Senate the following concurrent resolution:

House resolution No. 59.

Resolved by the House of Representatives (the Senate concurring), That the Speaker of the House appoint a committee of three and the President of the Senate appoint a committee of three, to confer for the purpose of obtaining a reconsideration of the so-called "junket resolution," previously adopted by the House and concurred in by the Senate and drafting a suitable concurrent resolution relative to the visiting and examination of the various State institutions by the respective legislative committees;

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