Page:EB1911 - Volume 18.djvu/396

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374
MICHIGAN
  


vote at the next election and comes into effect only if it receives a favourable majority of the popular vote. Amendments suggested by the legislature have been frequently adopted, and one, adopted in 1862, provided that the question of a general revision of the constitution shall be submitted to a popular vote once every sixteen years and at such other times as may be provided by law. When this question was so submitted for the first time, in 1866, the vote was to revise; but the revision prepared by a convention called for the purpose was rejected at the polls. The revision by the Constitutional Convention of 1907–1908 was adopted by popular vote in 1908.

In its present form the constitution confers suffrage upon every male citizen of the United States who is twenty-one years of age or over and has resided in the state six months and in his township or ward twenty days immediately preceding an election; and any woman may vote in an election involving the direct expenditure of public money or the issue of bonds if she have the qualifications of male electors and if she have property assessed for taxes in any part of the district or territory affected by the election in question. At the head of the executive department is the governor, who is elected for two years, and who at the time of his election must be at least thirty years of age and must have been for five years a citizen of the United States, and for the two years immediately preceding a resident of the state. A lieutenant-governor, for whom the same qualifications are prescribed, is elected at the same time for the same term. Under the first constitution the secretary of state, treasurer, auditor-general, attorney-general, commissioner of the land office, superintendent of public instruction and the judges were all appointed by the governor, but under the present one they are elected and only minor officers are appointed. In 1893 the legislature created a board of four members to be appointed by the governor, one of whom must be a physician, another an attorney, and made it its duty to investigate the case of every convict for whom a petition for pardon is received and then report and recommend to the governor what it deem expedient. The governor’s salary is fixed by the revised constitution of 1908 at $5000 a year. The lieutenant-governor succeeds the governor in case of vacancy, and next in order of succession comes the secretary of state.

The legislature, consisting of a Senate of 32 members, and a House of Representatives of 100 members (according to the constitution not less than 64 and not more than 100), meets biennially, in odd-numbered years, at Lansing. Both senators and representatives are elected for a term of two years by single districts, except that a township or city which is entitled by its population to more than one representative elects its representatives on a general ticket. Beginning in 1913 and at each subsequent tenth year, the legislature, under the revised constitution of 1908, rearranges the senatorial districts and reapportions the representatives among the counties and districts, using as a basis the returns of the next preceding decennial census; the taking of a state census between the decennial periods is discontinued.

No bill can pass either house except by an affirmative vote of a majority of the members elected to that house, and on its third reading the ayes and noes must be taken and recorded; for appropriation bills a two-thirds majority of all members elected to each house is required. All legislation must be by bill, legislation by joint and concurrent resolutions thus being prevented. No bill may be passed at a regular session until it has been printed and in possession of each house for five days; no bill may be passed at a special session on any subject not expressly stated in the governor’s proclamation or submitted by special message. The governor has ten days (Sundays not being counted) in which to exercise his veto power (which may be applied to any item or items of any bill making appropriations of money and embracing distinct items), and an affirmative vote in each house of two-thirds of the members elected is required to pass a bill over his veto. Under the revised constitution of 1908 any bill passed by the legislature and approved by the governor, except appropriation bills, may be referred by the legislature to the qualified electors; and no bill so referred shall become law unless approved by a majority of the electors voting thereon; no local or special act, passed by the legislature, takes effect until it is approved by a majority vote of the electors in the affected district.

The administration of justice is entrusted to a supreme court, a continually increasing number of circuit courts (thirty-eight in 1909), one probate court in each county, and not exceeding four justices of the peace in each township. The supreme court is composed of one chief justice and seven associate justices, all elected for a term of ten years, not more than two retiring every two years; it holds four sessions annually, exercises a general control over the inferior courts, may issue, hear and determine any of the more important writs, and has appellate jurisdiction only in all other important cases. There is only one circuit court judge for a circuit, unless the legislature provides for the election of more; the term of office is six years. Circuit court judges have original jurisdiction in most matters civil and criminal, hear appeals from the lower courts, and must hold at least four sessions annually in each county of the circuit. Each county elects a judge of probate for a term of four years; he has original concurrent jurisdiction with the circuit court in matters of probate, and has original jurisdiction in all cases of juvenile delinquents and dependents. The legislature may provide for the election of more than one judge of probate in a county with more than 100,000 inhabitants. Justices of the peace are elected by the townships for a term of four years—there are not more than four in each township; in civil matters they have exclusive jurisdiction of cases in which the demand does not exceed $100 and concurrent jurisdiction with the circuit courts in contract cases in which the demand does not exceed $300.

For purposes of local government the state is divided into eighty-three counties, each of which is in turn divided regularly by N. and S. and E. and W. lines into several townships. In the more sparsely inhabited counties of the upper peninsula and in the N.E. section of the lower peninsula the townships are much larger than in other parts of the state. The officers of the township are a supervisor, clerk, treasurer, highway-commissioner, one overseer of highways for each highway district, a justice of the peace, and not more than four constables, all of whom are elected at the annual township meeting in April. The supervisor, two of the justices of the peace and the clerk constitute the township board, whose duty it is to settle claims against the township, audit accounts, and publish annually an itemized statement of receipts and disbursements. The supervisor is also the township assessor, and the several township supervisors constitute the county board of supervisors who equalize property valuations as between townships, authorize townships to borrow money with which to build or repair bridges, are entrusted with the care and management of the property and business of the county, and may borrow or raise by tax what is necessary to meet the more common expenses of the county. Other county officers are a treasurer, clerk, sheriff, register of deeds, attorney, surveyor and two coroners, each elected for a term of two years, a school commissioner elected for a term of four years, and one or more notaries public appointed by the governor.

Under the revised constitution of 1908 the former classification of cities into four classes and the practice of granting special charters were abolished, and the legislature is required to provide by general laws for the incorporation of cities and villages; “such general laws shall limit their rate of taxation for municipal purposes and restrict their powers of borrowing money and contracting debts.” Cities and villages are permitted—upon authorization by the affirmative vote of three-fifths of the electors voting on the question—to own and operate, even outside their corporate limits, public utilities for supplying water, light, heat, power and transportation, and may sell and deliver, outside their corporate limits, water, heat, power and light to an amount not more than one-fourth that furnished by them in each case within their corporate limits; but no city or village of less than 25,000 inhabitants may own or operate transportation facilities. Under the revision of 1908 corporate franchises cannot be granted for a longer term than thirty years.

Law.—A wife in Michigan has the same right to her property acquired either before or after marriage as she would have if single,

except that she cannot under ordinary circumstances give, grant or