« AnteriorContinuar »
Mr. Jones moved that the other absentees without leave be excused from today's session.
The motion prevailed.
PRESENTATION OF PETITIONS.
Mr. Leveque presented
Petition of Gilbert Haun and 14 other residents of Houghton county, favoring the present deer hunting law.
The petition was referred to the Committee on Game Laws.
Mr. Lemire presented
Petition of Frank W. Aronson and 608 other residents of the Upper Peninsula, protesting against the passage of the so-called "one buck law."
The petition was referred to the Committee on Game Laws.
ANNOUNCEMENT BY CLERK OF PRINTING OF BILLS.
The Clerk announced that the following named bills and joint resolution had been printed and placed upon the files of the members Janu
Senate joint resolution No. 4 (file No. 9), entitled
A joint resolution proposing an amendment to section 21 article VI of the Constitution of this State, relative to the salaries of State officers.
Senate bill No. 19 (file No. 10), entitled
A bill making appropriations for the Kalamazoo State Hospital at Kalamazoo, for building and special purposes, for the fiscal years ending June 30, 1918, and June 30, 1919, and to provide a tax to meet the
Senate bill No. 20 (file No. 11), entitled
A bill to make an appropriation for the Industrial School for Boys for the fiscal years ending June 30, 1918, and June 30, 1919, for current expenses and for certain special purposes, and to provide a tax to meet the same.
Senate bill No. 21 (file No. 12), entitled
A bill making appropriations for the Newberry State Hospital, for the fiscal year ending June 30, 1918, for building and special purposes, and to provide a tax to meet the same.
Senate bill No. 22 (file No. 13), entitled
A bill to provide a tax to meet the amounts disbursed by the State for the several State Hospitals, the Michigan Home and Training School, Michigan Farm Colony for Epileptics, and the Eloise Hospital, for the support of patients under the several laws relating thereto.
Senate bill No. 23 (file No. 14), entitled
A bill to amend section 17 of chapter II of Act No. 164 of the Public Acts of 1881, the same being “An act to revise and consolidate the laws relating to public instruction and primary schools and to repeal all statutes and acts contravening the provisions of this act,” the same being section 4662 of the Compiled Laws of 1897, as last amended by Act No. 300 of the Public Acts of 1915.
Senate bill No. 24 (file No. 15), entitled
A bill to amend section 4 of chapter XXII of Act No. 215 of the Public Acts of 1895, being "An act to provide for the incorporation of cities of the fourth class," as amended by Act No. 110 of the Public Acts of 1907, and Act No. 221 of the Public Acts of 1911, the same being section 3341 of the Compiled Laws of 1897, and section 3265 of the Compiled Laws of 1915.
Senate bill No. 15 (file No. 16), entitled
A bill to amend amended sections 2 and 4 of Act No. 142 of the Public Acts of 1913, entitled “An act to provide for the assessment and the collection of a specific tax upon secured debts other than debts secured or evidenced by mortgages and liens upon real property, and which mortgages and liens are recorded in Michigan, and to repeal all acts and parts of acts in contravention thereto.”
Senate bill No. 16 (file No. 17), entitled
A bill defining legal real estate mortgages and land contracts, and to provide for the exemption of all taxes upon such instruments in this State.
Senate bill No. 26 (file No. 18), entitled
A bill making an appropriation for the Michigan Reformatory for special purposes for the fiscal year ending June 30, 1918, and to provide a tax to meet the same.
Senate bill No. 27 (file No. 19), entitled
A bill to amend sections 4, 5, 18, 21 and 25 of Act No. 279 of the Public Acts of 1909, as amended, entitled "An act to provide for the incorporation of cities and for revising and amending their charters."
Senate bill No. 32 (file No. 20), entitled
A bill making appropriation for special purposes for the Michigan Home and Training School at Lapeer, for the fiscal years ending June 30, 1918, and June 30, 1919, and to provide a tax to meet the same.
Senate bill No. 33 (file No. 21), entitled
The Clerk announced that the following named bills had been printed and placed upon the files of the members Monday, January 29:
Senate bill No. 34 (file No. 22), entitled
A bill to provide for the holding of elections, to prescribe the manner of conducting and to regulate elections, to prevent fraud and deception in the conducting of elections and to guard against abuses of the elective franchise.
Senate bill No. 35 (file No. 23), entitled
A bill making appropriations for the Michigan State Normal College for the fiscal years ending June 30, 1918, and June 30, 1919, and to provide a tax to meet the same.
Senate bill No. 36 (file No. 24), entitled
A bill authorizing organized townships in the State of Michigan to borrow money and to issue bonds therefor for the purpose of establishing free public libraries, purchasing site and constructing building thereon.
Senate bill No. 37 (file No. 25), entitled
A bill to provide for writs of error in criminal cases on behalf of the people of the State of Michigan in certain instances.
Senate bill No. 39 (file No. 26), entitled
A bill to provide an appropriation for the purpose of making and extending a tuberculosis survey of the State; lessen the existence and spread of said disease and to direct the matter of expenditure of the moneys hereby appropriated.
Senate bill No. 42 (file No. 27), entitled
MESSAGES FROM THE GOVERNOR.
The following message from the Governor was received and read:
State of Michigan, Executive Chamber,
Lansing, January 26, 1917.
To the Honorable Speaker, House of Representatives, State of Michigan:
Sir:-I am in receipt of a letter under date of January 24, 1917, from Honorable A. J. Groesbeck, Attorney General of Michigan, relative to the litigation between the State of Michigan and the Detroit, Grand Haven and Milwaukee Railway.
Attached herewith, and made a part of this message is a copy of this letter, which is self-explanatory. I deem the information in this letter of great importance.
The day is past for any property to have special taxation privileges in this State and I recommend the Attorney General's advice be given most serious consideration by the members of the House of Representatives.
The following is the letter from the Attorney General:
State of Michigan, Attorney General's Department,
Lansing, January 24, 1917.
Hon. A. E. Sleeper, Governor, Lansing:
My Dear Governor :-For a number of years there has been considerable litigation between the State and the Detroit, Grand Haven & Milwaukee Railway. The decisions of the courts have been to the effect that there is a perpetual contract existing between the State and the railroad company by virtue of a number of acts that have been passed by the Legislature since 1834.
It is the claim of the State at the present time, in a case pending in Kent Circuit Court, that the railroad company has for years, and is now, evading the payment of a just tax, under its franchise or contract. In 1834 the territorial Legislature passed an act authorizing the incorporation of the Detroit and Pontiac Railway, and in 1848 an act authorizing the incorporation of the Oakland and Ottawa Railway, and in 1855 further authorizing the consolidation of the two above named companies.
In both the Acts of 1834 and the Act of 1848 provision was made giving the State the right to purchase the property of these two railroads upon the basis therein mentioned. In the Act of 1834 this basis was the cost of constructing the road, plus 14%; in the Act of 1848 the basis was the actual value of the stock issued by the company. By the Act of 1855, however, this whole property, in my judgment, was brought within the provisions of the Act of 1831, and the basis upon which the State would have the right to purchase this property would be the one therein designated.
The State also has the right, under these several laws, to demand of the railroad company a true statement of the cost of the construction of its road.
In my opinion, in order to safe-guard the State's interests in this matter, it is necessary that it be placed in a position to fully protect itself, and should have the right to insist upon all of the provisions of the contract being carried out. I, therefore, submit for your consideration the following:
First. That it is proper for the Legislature to demand of the company a statement of the cost of construction and equipment of its line between Detroit and Grand Haven, now owned by the Detroit, Grand Haven & Milwaukee Railroad, the stock of which is controlled by the Grand Trunk Railway of Canada.
Secondly. That a constitutional amendment be proposed, authorizing the State to purchase and operate this road under the contract of 1834.
Thirdly. That the State should also be placed in a position where it can commence proceedings to condemn this so-called franchise or contract, if it sees fit to do so.
I respectfully ask that these matters be called to the attention of the Legislature by your Excellency.
COMMUNICATIONS FROM STATE OFFICERS.
The following communication from the Attorney General ceived and read:
State of Michigan, Attorney General's Department,
Lansing, January 27, 1917.
Hon. Charles S. Pierce, Clerk House of Representatives, Lansing,
Michigan. Dear Sir: I am in receipt of your letter of the 24th inst., transmitting a copy of House resolution No. 22. Said resolution requests my opinion as to whether a local act, which repeals a portion of a prior local act, may be amended without a referendum. Section 30 of article V of the State Constitution, as originally drafted and adopted, forbade the Legislature to pass any local or special act in any case where a general act can be made applicable, and further provided that no local or special act should take effect until approved by a majority of the electors voting thereon in the district to be affected. At the last general election, an amendment to this section was submitted to a vote of the people and adopted. The section, as thus amended, permits the Legislature, by a two-thirds vote, to repeal a local and special act in effect January 1st, 1909, without a referendum. As I read the resolution of the House, the point at issue is whether the constitutional provision, as amended, may be so construed as to permit the Legislature to pass, without a referendum, a measure repealing a portion only of a prior local act in force on the 1st of January, 1909.
I believe the question, as thus stated, must be answered in the negative. I think that the purpose of the constitutional amendment, above referred to, was to permit the Legislature to repeal in toto local and special acts that were in force when the new Constitution went into effect. Authority to abrogate a portion only of such prior local act is not in terms granted; nor do I think that such power may be said to be implied from the grant of specific authority to repeal measures of the character indicated. Unquestionably section 30 of article V of the Constitution as it now stands does not permit the Legislature to amend a local act. In the majority of cases, however, the repeal of a portion of such a measure would result in substantially modifying the entire enactment and in many instances might effect its operation in the same way as would an affirmative amendment. The power to repeal clearly does not include the power to alter, modify or amend; and inasmuch as the repeal of a portion of any statute must necessarily have the effect of a modification or alteration, in the vast majority of cases at least, I see no escape from the conclusion that the language of the Constitution, as amended by the people at the last election, may not be interpreted as conferring authority upon the Legislature to repeal a part of a local act and. permit the remainder to continue in force and effect.
A. J. GROESBECK,
INTRODUCTION OF BILLS.
Mr. O'Brien introduced
A bill to provide for the better protection and preservation of game and fur-bearing animals and game birds protected by the laws of this State, and to provide a method by which the open season for the taking thereof may be suspended, abridged or otherwise regulated in any desig. nated area of the State, and to provide a penalty for the violation of its several provisions.
The bill was read a first and second time by its title and referred to the Committee on Game Laws.