To BE VOTED UPON TUESDAY, NOVEMBER 3, 1874.
CONSi'1i'Ui'IO OF MICHIGAN
PROPOSED FOR AMENDMENT,
SUBMITTED TO THE PEOPLE IN THiE FORM OF A JOINT RESOLUTION,
NOTATIONS OF PROPOSED CHANGES.
TE JOINT RESOLUTION PROPOSING THIE EXTENSION OF THE ELECTIvE  FRANCHImE fO
WOMEN, IS APPENDED AS A SEPARATE PROPOSITION, AND DOES NOT DZPEND
IN ANY MANNER UPON THE OTHER PROPOSED AMENDMENTS.
BY AUTHORITY.
LANSING:
W. S. GEORGE & CO., STATE PRINTERS
18"74.
T H1E
A 
AND
WITH
Y0
.,
AND BINDERS.  
COMPILER'S PREFACE.
For reasons which are stated in the review which follows, the Legislature of Michigan,
at its session of 1873, passed the joint resolution providing "That the Governor be and he
is hereby authorized and empowered to nominate and appoint eighteen able and discreet
citizens, who shall be authorized to examine into and report to the next session, either
special or general, of the Legislature of this State, such amendments and revision of the
constitution as in their judgment may be necessary for the best interests of the State and
the people."
The Commission met at the capitol on the 27th day of August, 1873, and completed its
labors on the 16th day of October, and reported its action to the Governor, as required by
the joint resolution. The Legislature having been convened in extra session on the third
day of March, 1874, the work of the Commission was laid before that body by the Governor in a special message, in which he says: "' It seems to be the import of the resolution
that the report of the Commission be submitted to the present Legislature; and there are
many good reasons why this should be done, which have influenced me in calling you
together in special session."
Thle work of the Commission, after careful review and amendment by the Legislature,
was passed in the form of a joint resolution by both houses on the 21st of March, and is
submitted to the people for their adoption or rejection at the general election to be held
in November next.
By a concurrent resolution of the two houses, the proposed amended constitution was
ordered to be printed in pamphlet form, and the undersigned was appointed to "compile a
brief statement of the principal changes proposed, such statement, before being printed, to
be submitted to the President of the Senate and Speaker of the House, and approved by
them."  This pamphlet is therefore published by virtue of the action herewith recited.
The resolution authorizing the publication of the proposed amended constitution, with
the statement of changes, in the newspapers of the State, and other reasons, have governed the form and method of the work. The analysis which I prepared of the changes as
proposed by the Constitutional Commission, was with more especial reference to their
critical examination by the Legislature.  For this purpose, the use of italics to designate
new natter, the foot notes referring to specific provisions, and the marginal references, were
.0 
COMPILER'S PREFACE.
valuable, if not indispensable aids. For newspaper publication this plan would be impracticable, for the reason that the amount of italic would greatly exceed the proportion of italic
types in newspaper offices, while the notes and references that are practicable in the pamphlet page would be unadapted to newspaper columns.
As a compliance with the terms of the resolution by which I was appointed to do the
work, I have appended to each article a note stating briefly the changes proposed by such
article. This will come within the resolution authorizing the publication by newspapers.
For the pamphlet edition, however, I have prepared a brief review of the more important
changes, in some cases showing wherein the instrument as submitted by the Legislature
differs from the recommendations of the Constitutional Commission. In this, I have
sought to represent not my own views exclusively, so much as the sentiment in the Legislature which led to the adoption of the proposed amendments by a non-partisan vote,
and by a vote in each house considerably larger than the requisite constitutional majority.
The joint resolution providing for the submission of the question of extending the elective
franchise to women is appended.
By a subsequent resolution, I was instructed "to add a complete index of the constitution" to the pamphlet edition. This will be found following the constitution and notes.
S. B. McCRACKEN.
Lansing, April 28, 1874.
4 
A BRIEF PiEVIEW
OF
THE AMENIDED
In the year 1866 the people of Michigan voted with great unanimity in favor of a conventionI to revise the constitution. The convention was had; and although its work was not
accepted by the popular vote, yet the demand expressed in 1866 for some changes in the
organic law, still remains as the solemnly recorded will of the people. That this demand
is still active and urgent,  is shown  by  the numerous  propositions for amending
the constitution which come before the Legislature at every session. Someof its provisions,
almost from necessity, have ever since its adoption been evaded or disregarded, and this has
given strength to the constant demand for the removal of such provisions, that there may
not be even the appearance of any necessity for violating the letter or spirit of the fundamental law of the State.' Under existing provisions, another revision by a convention could
not wvell be had short of two or three years; because the question must first be submitted
by the Legislature to the people, whether they desire a convention for the purpose or not,
and if the people vote in favor of a convention, then the Legislature, at a subsequent session, must provide for the election of delegates, the convention must meet and do its work,
and this must be submitted to the people for adoption or rejection.
In view of these circumstances, and of the difficulty of dealing separately with the several
propositions of amendment that were brought forward, the Legislature, at its session of
1873, passed the joint resolution providing for the appointment of the Constitutional Com
mission.
The work of the Commission, as reported to the Governor, and by him transmitted to the
Legislature, has been, after careful review and amendment by that department of government, submitted to the people of the State for their adoption or rejection.
The processes by which the amended constitution goes before the people, will commend it
to their careful consideration and deliberate judgment. By the customary method of revision by a convention, a proposed constitution goes before the people with the endorsement
only of the single body which frames it. The amended constitution of Michigan goes to the
people of the State as the result of the work of three distinct and independent official bodies:
The Constitutional Commission, the Senate, and the House of Representatives.
While the character of the Commission was such as to command for its work the highest
consideration, the Legislature nevertheless differed from its judgment in some important
particulars.
Thus, while the Commission thought that the character of the judiciary would be
improved by having the judges appointed by the Executive instead of being elected through
the machinery of political parties, the Legislature deemed that the popular will demanded
that the officers of all departments of government should be kept responsible to the people,
and accordingly adhered to the elective system for judges.
While the Commission thought it wise to provide that the Legislature might authorize
CONSTIT-UTIO —NT. 
REVIEW OF THE AMENDED CONSTITUTION.
the appointment of the Attorney General and of prosecuting attorneys, the Legislature
deemed it best to retain the present mode of choosing those officers.
The Commission thought it prudent to leave the salaries of State officers and judges to be
fixed by the wisdom of the Legislature. The Legislature, on the other handl, thought that
the well matured judgment of the people was in favor of fixed salaries, and it accordingly
proposed a scale of salaries which it deemed just and economical.
The Commission, to remove an ambiguity in the present constitution, provided( specifically for three commissioners of highways in each township. The Legislature, in view
of the great expensiveness of this system, remove the same ambiguity by providing specifically for but one commissioner.
While the propriety of restricting the power of corporations was strongly urged before
the Commission, the majority of that body were averse to adding any new provisions on
this subject. The Legislature, believing that the public good demanded it, has embodied
several precautionary and restrictive provisions.
The changes proposed do not radically affect the system of government in the State, but
are such as experience has shown to be necessary to restrain abuses, and to facilitate the
administration of the laws, and they are commended, not as perfect, but as an improvement
on the present constitution.
BILL OF RIGHTS.
The new constitution, while adhering to the common law standard for juries in courts
of record, makes an advance step by permitting verdicts in civil cases by two-thirds of
the jury, and provides that in criminal cases the death or disability of a single juror shall
not prevent a verdict being given by the remainder. The cases are not few in which important trials have been proceeded with nearly to a conclusion, when, by the disability of a
juror, the labor of days, and perhaps of weeks, has been lost, involving an entire re-hearing,
to the delay of justice, and at great cost to parties and the public.
LEGISLATIVE DEPARTMEiNT.
It provides that Senators shall be chosen for four years, and that the term of service of
only one-half shall expire at the same time. This will secure stability and legislative experience in that body, which are essential at all times in at least one branch of the legislative department. It authorizes an increase of the number of representatives from one hundred to one hundred and ten. This is but a partial increase as compared with the rapidly
augmenting population of the State, and it will enable the newer and smaller counties to
be more fully and fairly represented.
By its terms all bills and joint resolutions, and all concurrent resolutions appropriating
money or property, must be presented to the Governor for his approval.   Under the present constitution, only bills and concurrent resolutions require the assent of the Governor.
It would seem that joint resolutions, which frequently have all the force of bills, and
appropriate money and property, do not require the executive sanction. This change,
therefore, although apparently slight, is important as a protection to the public interests
and to the public money and property.
To prevent the evil effects of local and special legislation, which has become enormous,
it provides that the Legislature shall not pass laws of this character for the purpose of
divorcing any named party, or upon the subject of divorce; changing the names of persons
or places; regulating the jurisdiction and duties of justices of the peace, or constables;
providing for changes of venue in civil or criminal cases; granting any special powers to
boards of supervisors; summoning and empaneling grand or petit jurors; regulating the
rate of interest on money; authorizing the sale, lease, or mortgage of real estate belonging
to minors, or by executors or administrators, or by any religious corporation or society;
chartering or licensing ferries or toll-bridges; remitting fines, penalties, or forfeitures; creating, increasing, or decreasing fees, percentages, or allowances of public officers; changing
the law of descent; granting to any corporation, association, or individual, any special or
6 
REVIEW OF THE AMENDED CONSTITUTION.
exclusive privilege, immunity or franchise whatever; declaring any named person of age;
extending the time for the assessment or collection of taxes, or otherwise relieving any
assessor or collector of taxes from the due performance of his official duties; punishing
crimes or misdemeanors; adopting, by any person, any named person as his child or heir:
vacating or altering any road laid out by commis ioners of highways, or any street, alley,
or public ground in any city or village, or in any recorded town plat; or for altering the
boundaries of any school district, for building or repairing bridges, or for draining swamp
or other low lands, except by expenditure of grants to the State; exempting any property
from taxation.
Thus, all this species of legislation is prohibited, and provision made for the enactlment
of general laws by which such subjects will be referred to the local authorities, or to the
courts, where they properly belong.
As pertinent to the question of economy of time in legislation which will be secured by
this provision alone of the proposed constitution, the fact is stated that the general laws
passed at the last regular session of the Legislature are comprised in a single volume of 588
pages, while the local and special laws occupy two volumes comprising 1,483 pages, a large
part of which are special charters of cities and villages. The most of the time of the Legislature at every session is consumed in the consideration, discussion and passage of bills
of a local or special character, in which the public at large have no concern at all. Acts
changing the boundary or regulating the affairs of a certain city, village or township,
extending the time for the collection of taxes in some particular locality, changing somebody's name, legalizing, or trying to legalize, some illegal act, and other legislation of a
similar character, that in nine cases out of ten can be better and more fairly and justly
settled by local authorities, is forced upon the Legislature, sometimes even to the excliusion of business of general importance. The tendency in this direction increases, and every
session witnesses a greater accumulation of this class of business. The expense incident
to it is far greater than the per diem allowance to the members of the two houses and their
attachees during the time they are so engaged; for bills of this character are usually quite
long, and the State is put to the expense of printing them, and if passed, of reprinting
and binding them in volumes, which amounts at every session to no inconsiderable sum of
money. Besides, as members generally know but little if anything of the merits of such
measures, they must be explained to them, and this often creates the necessity for a lobby.
Statements and explanations, warped and twisted by the prejudices of thbose making them,
must be taken at second hand, without a full understanding or personal knowledge of all the
facts and circumstances, and the result too frequently is not only expensive, but ill-timed and
ill-judged legislation. Restrain the Legislature, as this constitution proposes, from enacting
any but general laws ppon the subjects enumerated, and its sessions will be much shortened,
its expenses greatly reduced, and much of the dissatisfaction and complaint that arise from
thlis special and local legislation, frequently resulting in protracted litigation, will cease.
EXECUTIVE  DEPARTMENT.
It empowers the Governor to disapprove of specific items in appropriation bills, which
will be a check upon the practice of carrying through unnecessary or unworthy appropriations on the strength of necessary and worthy ones, by combining them in one bill so
that the whole must stand or fall together. It is one of the most valuable features of the
revision.
JUDICIAL  DEPARTM ENT.
It authorizes the establishment of such courts as may be necessary, and to facilitate the
:disposition of cases it has added one to the number of judges of the Supreme Court, which
,ow consists of four.  This is equally demanded  by the increased business and by the
necessity of having an odd number of judges in order to ensure definite decisions. As it
now is, a circuit judge makes a decision which goes to the Supreme Court.  If that tribunal
is equally divided, the decision of the circuit judge stands. Another circuit judge makes a
17 
REVIEW OF THE AMENDED CONSTITUTION.
directly opposite decision in a case involving the same question. The Supreme Court of
course decides as it (lid in the other case, and the opposite decision also stands, thus renderlng the law uncertain, and dependent upon the varying opinions of the circuit judges. The
new constitution will obviate this difficulty.  It proposes also to reduce the number of
judicial circuits from twenty (the present number), to seventeen, and places restrictions
upon their unlimited increase. It guards against the expense always attendant upon keeping officers, jurors and witnesses in circuit courts engaged in the consideration of petty
suits, by declaring that the appellate jurisdiction of said courts shall not extend to any civil
case in which the amount or value of the thing in controversy is less than twenty-five
dollars, exclusive of costs.
SALARIES.
cuit judges
irsonal dise   of circuit
n violation
law when
n now, the
ral, do not,
ould do so
e to do the
npensation
harged by
Lple, those
ard do not
ie, expectclaims and
e point of
listen to.
i, nvolving
[thout due
on applies
he part of
is believed
nt salaries
ingly, and
of State,
he term of
is office.
d assessed
t time, the
0,000,000,
usiness in
the public
the larger
sibility.
Presen t
Governor --—.........$1,000    e0
Circuit Judges -------------------------------------------------- 1,500,0
State Treasurer ------------------------------------------— 00
Auditor General ----------------------------------------------— 1,000
Superintendent of Public Instruction ------------------------------- 1,000
Secretary of State ------------------------------------------------ 800
Commissioner of Land Office ------------------------------------— 800
Attorney General ------------------------------------------------- 800
Proposed.
$3,0o00
2,500
2,500
2,500
2,000
2,000
2,000
2,500
3 
REVIEW OF TIlE AMIENDED CONSTI'rUTION.
JBut against the proposed increase of salaries there are certain
FINANCI.kL AND ECOXN3OIIC PROVISION-S.
In his message submitting the work of the Constitutional Commission to the Legislature,
the Governor of the State has grouped together a number of sections, the economic provisions
of which are as follows
ART. X., SEC. 1. No county, city, township, or other municipal corporation, shall become
a stockholder in, or make any loan or gift to, or lend its credit in aid of any person, private
corporation or association; nor shall any county, city, township or other municipality
construct or become the owner of any railroad.  *- - *
ART. X., SEC. 2. *  *  *  The power of counties to levy taxes, borrowv money and con tract debts, shall be restricted by law.
AR'. X., SEc. 15. No city or village shall incur indebtedness, including that incurred by
or on behalf of any school district within its corporate limits, so that its aggregate debt at
any time shall exceed ten per cent on thle valuation of,its taxable property, as shown by
the assessment roll, unless authorized by a majority of the electors residing within such
corporation voting thereon as may be prescribed )by law.
ART. XIV., SEC. 4. Every law hereafter enacted by the Legislature, creating a debt or
authorizing a loan, shall provide a sinking fund for the payment of the samle.
ART. XIV., SEC. 9. The State shall not aid, by gift, or pledge of its credit, any person
or corporation, nor shall it subscribe to, or become interested in, the stock of any corpora tion, nor assume any indebtedness of a municipal or other corporation. * * *
Commenting upon these wholesome provisions, the Executive says:
"These are golden words, and might well be engraved on stone snd placed in the walls
of every capitol in the land.  They say to us,' Keep out of debt if possible, but if you must
make a debt, let it be tor a legitimate purpose, restrict it to your ability to pay, and provide
for its payment.'  While our State debt is decreasing annually, every year sees the bonded
indebtedness of our cities and towns increase.  The policy of issuing bonds for municipal
and local purposes is unwise, expensive, and leads to public extravagance.  The people of
a municipality in voting for the issue of a thousand dollar ten per cent bond for twenty
years, forget that the moment the bond is issued they have assumed an obligation of three
thousand dollars.  There is, cf course, a class of county, city and township improvements
that the future should perhaps help pay for.  This, however, is amply provided for by
permitting an indebtedness equaling ten per cent of the valuation.  The adoption of the
several provisions above enumerated in the organic law of the State will forever close the door
against the schemes of selfish speculators in paper railroads and other wild financial plans.
We shall be prudent in our public expenditures, out of debt and out of danger, and set an
example, as a State, worthy of imitation by each citizen in his private business. Had the
spirit of these provisions been the rule of action in the management of private and public
affairs, we should not have witnessed such a panic as that which so recently swept over our
country."
To the foregoing may properly be added another important provision, viz.
ART. XVII., SEC. 3. Public officers, receiving or having charge of public moneys, are
prohibited from using or employing the same in any manner for their private use or benefit,
and whenever any public funds are loaned or deposited, the interest or other consideration
received therefor shall be paid over to the general fund of the State, county, municipality,
corporation or board to which such funds belong.
The State, counties and municipalities will thus secure and save to themselves all moneys
received for interest on any of their funds. There will be savings by means of the restrictions placed upon municipalities in the matters of taxation and the incurring of indebtedness; savings in the cost of judicial proceedings by the reforms proposed in jury methods,
by the linmitations upon appeals in trivial cases, and by the increased efficiency of courts
secured by means of better judges at better salaries; savings by shortening the sessions of
the Legislature, including costs of printing, by means of the prohibitions against local
and spec(ial legislation and the granting of special charters. Although the pecuniary savings that will be realized from these and other provisions are not capable of reduction to
specific amounts, it is believed that the aggregate will reach half a million to a million
dollars annually.
As a consideration of economy merely, the limiting the number of commissioners of
2
9 
REVIEW OF THE AMENDED CONSTITUTION.
highways to one in a township will greatly lessen the aggregate of township expenses as
compared with the old system of three commissioners.
RAILROAD AND OTHER CORPORATIONS.
The amended constitution declares railroads public highways, empowers the Legislature
to regulate rates of freight and transportation, and forbids any combination among them to
prevent just and fair competition.  It requires an office to be kept in the  State where a
record of stock and of all transfers thereof shall be kept for the inspection of any creditor
or stockholder, and prohibits the issue of any fictitious or watered stocks or bonds. It forbids officers and managers of railways from forming "rings". to furnish supplies, and thus
operating railroads in such a manner as to enrich or unequally benefit themselves at the
expense of the stockholders. It places foreign corporations under the same restrictions and
limitations as domestic corporations, and seeks in a liberal spirit equally to foster and protect the rights of the people and of the corporations.
EDUCATION.
By the present constitution all moneys received from fines are dedicated exclusively to
library purposes. They have, however, in some cases been appropriated to the support
of the poor, and suits have been brought by school officers against the authorities for their
recovery. In many cases there are accumulations from fine moneys not needed for library
purposes, which are lying idle and unproductive, involving local contentions and jealousies.
This amended constitution opens a channel by which such moneys may be used in the
interest of general education when not needed for library purposes, at the option of the
proper authorities.
RIGHTS OF WOMIEN.
It makes women eligible to the office of register of deeds, of notary public, and of
such other offices as the Legislature may designate.
AMENDMENTS.
To avoid the necessity of submitting amendments to the people, as required by the present constitution, at a general election, when party spirit usually runs high, and the attention
of the elector is so engaged upon other questions that he is quite likely not to give a proposed amendment the careful and deliberate consideration that it should receive, the new
constitution authorizes amendments to be submitted to the people at any time that the Leglature may designate, thus enabling the people to vote upon such propositions free from the
heat and excitement incident to partizan strife.
CONCLUDING REMARKS.
The more important changes proposed by the amended constitution are briefly recapitulated, as follows:
It is much better arranged, and is free from the ambiguities of the present constitution;
It opens the way to needed reforms and economies in the jury system;
It provides a more liberal ratio of representation for the newer counties
It places restrictions upon expensive and mischievous local and special legislation;
It extends the term of service of senators, thus ensuring legislative experience in the
Senate;
It removes the rigidity of the present provisions relating to senatorial and representative
districts, by which a large proportion of the municipal divisions in the newer portions of
the State, and many in the older, are invalidated, and their local relations liable at any time
to be disturbed, damaged, or overturned;
It places an additional safeguard upon the treasury by authorizing a veto by the Executive of specific items in appropriation bills;
10 
REVIEW OF THE AMENDED CONSTITUTION.
It provides for an additional judge of the Supreme Court, reduces the number of judicial
circuits, and cuts off appeals in trivial cases;
It provides fair and reasonable salaries for State officers and judges, and  requires a personal discharge of official duties by State officers;
It restricts local taxation and the incurring of local indebtedness;
It imposes certain needed restrictions and obligations upon railroad and other corporations, both foreign and domestic, and affirms the right of legislative supervision and control
over them;
It prohibits special charters, and the renewal, extension, or enlargement of existing corporate and special franchises;
It provides for local taxation of the property of corporations not used for the legitimate
work of such corporations;
It relaxes the rigid provision which dedicates all moneys received from fines to library
purposes, while still securing them to educational uses;
It restricts the State in the incurring of indebtedness, and prohibits it from becoming a
stockholder in any corporation, or aiding by gift, or loaning its credit to, persons or corporations;
It provides that interest received for the use of public moneys held by public officers
shall go to the fund to which such moneys belong;
,It makes women eligible to offices of honor and trust;
It provides a better method as to time for voting on proposed amendments to the constitution.
The citizen, in examining the amended constitution as a whole, will doubtless find in it
some provisions which he does not approve. Before making up his judgment adversely,
however, the careful inquirer will examine and see whether the disapproved provisions are
in the present constitution or notes for if they are, he neither gains nor loses by their
re-adoption. The standard by which to judge is simply the merits of the changes. If,
taken in the aggregate, these changes appear desirable to the voter, he will logically vote
for the amended constitution, if not, against it.
11  
THE AMENDED CONSTITUTION
WITII NOTATIONS OF CHANGES.
JOINT RESOLUTION proposing amendments to the Constitution of the
State of Michigan.
Be it resolved by the Senate and House of Representatives of the State of
Michigan, That the Constitution of the State of Michigan be and the same is
hereby amended so as to read as follows:
PREAMBLE.
For the purpose of establishing, defining and limiting the powers and duties
of the several departments of government, the People of the State of Michigan do ordain this Constitution.
ARTICLE I.
BOUNDARIES AND SEAT OF GOVERNMENT.
SECTION 1. The State of Michigan is bounded as follows, to wit: Commencing at a point on the eastern boundary line of the State of Indiana, where a
direct line drawn from the southern extremity of Lake Michigan to the most
northerly cape of the Maumee Bay shall intersect the same, said point being
the northwest corner of the State of Ohio, as established by an act of Congress, entitled "An act to establish the northern boundary line of the State of
Ohio, and to provide for the admission of the State of Michigan into the Union
upon the conditions therein expressed," approved June fifteenth, one thousand
eight hundred and thirty-six; thence with the said boundary line of the State
of Ohio till it intersects the boundary line between the United States and
Canada, in Lake Erie; thence with the said boundary line between the United
States and Canada through the Detroit River, Lake St. Clair, the St. Clair
River, Lake Huron, the St. Mary's River and Lake Superior, to a point where
the said line last touches Lake Superior; thence in a direct line through
Lake Superior to the mouth of the Montreal River; thence through the
middle of the main channel of the said Montreal River to the head waters
thereof, as marked upon the survey made by Captain Cramm by authority of
the United States; thence in a direct line to the center of the channel between
Middle and South islands, in the Lake of the Desert; thence in a direct line
to the southern shore of Lake Brule; thence along said southern shore and
0 
AMENDED CONSTITUTION.
down the Brule river to the main channel of the Menominee river;  thence
down the center of the main channel of the same to the center of the most
usual ship channel of the Green Bay of Lake  Michigan;  thence through
the center of the most usual ship channel of the said bay to the middle of
Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of Indiana, as that line was established by the act of
Congress of the nineteenth of April, eighteen hundred and sixteen; thence
due east with the north boundary line of the said State of Indiana to the northeast corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.
SEc. 2. The seat of government shall remain at Lansin,g.
NOTE.-The first clause of the preamble is new; the last clause is the preamble to the
present constitution.
The words, "Lake St. Clair, the St. Clair river," and the words, "as marked upon the
survey made by Captain Cramm by authority of the United States," where they occur in
section 1 of article I, are not in the present constitution.  They make no change in the
boundary, however, being only intended to make the description more specific.
ARTICLE II.
BILL OF RIGHTS.
SECTION 1. All political power is inherent in the people.  Government is
instituted for their equal benefit, security, and protection. They have the
right to change or reform the same whenever the public good requires. No
special privilege or immunity shall be granted that may not be revoked.
SEc. 2. Every person shall be at liberty to worship God according to the
dictates of his own conscience. No person shall be compelled to attend, or,
against his consent, to contribute to the erection or support of any place of
religious worship, or to pay tithes, taxes, or other rates, for the support of any
minister of the gospel or teacher of religion.
SEc. 3. The civil and political rights, privileges and capacities of no person
shall be diminished or enlarged on account of his religious belief, nor shall
any person be incompetent to be a witness on account of his opinions or
belief concerning matters of religion, nor shall any witness be questioned
touching his religious belief.
SEC. 4. Every person may freely speak, write and publish his sentiments on
all subjects, being responsible for the abuse of that right; and no law shall
be passed to restrain or abridge the liberty of speech or of the press.  In all
prosecutions for libel, the truth may be given in evidence to the jury, and if it
shall appear to the jury that the matter charged as libelous is true, and was
published with good motives and for justifiable ends, the accused shall be
acquitted; and the jury shall have the right to deternmine the law and the fact.
SEC. 5. No bill of attainder, ex post facto law, or law impairing the obligation
of contracts, shall be passed.
SEC. 6. The privilege of the writ of habeas corpus shall not be suspended
unless, in case of rebellion or invasion, the public safety may require it.
SEC. 7. The right of trial by jury shall remain, but shall be deemed to
be waived in criminal cases in courts other than courts of record, and in civil
cases in all courts, unless demanded  by one of the parties in such manner as
shall be prescribed by law. The Legislature may authorize, in courts not of
record, a trial by a jury of a less number than twelve; in all courts, in civil
cases, a verdict by not less than two-thirds of the jury; and, in criminal cases,
14 
AMIEND)ED CONSTITUTION.
by consent of parties, a dischlarge of not more than one juror and a verdict by
the remainder.
SEC. S. In every criminal prosecution the accused shall have the right to a
speedy and public trial by an impartial jury, to be informed of the accusation,
to be confronted with wvitnesses against him, to have compulsory process for
obtaining witnesses in his favor, and to have the assistance of counsel for his
defense.
SEC. 9. Any suitor in any court in this State shall have the right to prosecute or defend his suit either in person or by an attorney or agent of his choice.
SEc. 10. The person, houses, papers and possessions of every person shall
be secure from unreasonable search and seizure. No warrant to search any
place, or to seize any person or thing, shall issue without describing such place,
person or thing, nor without probable cause, supported by oath or affirmation.
SEC. 11. No person, after acquittal upon the merits, shall be tried for the
same offense. All persons shall, before conviction, be bailable by sufficient
sureties, except for murder and treason, when the proof is evident or the presumption great.
SEC. 12. Treason against the State shall consist only in levying war against
it, or adhering to its enemies, giving them aid and comfort. No person shall
be convicted of treason unless upon the testimony of two witnesses to the same
overt act, or on confession in open court.
SEC. 13. Excessive bail shall not be required; excessive fines shall not be
imposed; cruel or unusual punishments shall not be inflicted; nor shall witnesses be unreasonably detained.
SEC. 14. No person shall be deprived of life, liberty or property, without
due process of law. No person shall be compelled, in any criminal case, to be
a witness against himself, but if any person shall elect to make a statement
in his own behalf, he shall be subject to cross examination relative to the matter of such statement.
SEC. 15. No person shall be imprisoned for debt arising out of or founded on
contract, express or implied, except in case of fraud, or breach of trust, or for
moneys collected by public officers, or in any professional employment. No
person shall be imprisoned for a military fine in time of peace.
SEC. 16. Every person has (t right to bear arms for the defense of himself
and of the State.
SEC. 17. The military shall be in strict subordination to the civil power.
SEC. 18. No soldier shall, in time of peace, be quartered in any house without
the consent of the owner or occupant, nor in time of war, except in a manner
prescribed by law.
SEC. 19. The people have the righlit peaceably to assemble, to consult for
the common good, to instruct their representatives, and to petition the Legislature for redress of grievances.
SEC. 20. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.
SEC. 21. Aliens who are, or inav. hereafter become, bona fide residents of this
State, shall enjoy the same rights ii-n respl)ect to the possession, enjoyment and
inheritance of propertvy, as native l)orni citizens.
SEC. 22. Private p)roIperty shall iinot be taken for public use without  just
compensation.
N-OTE. —The constitution of 1835 contained most of the foregoing provisions, grouped
together as Article I.  In the constitution of 1850 the arrangeiment is chlanged so that the
provisions appl)ear as sections in the articles on the legislative andcl judicial departments,
1 a 
AMENDED CONSTITUTION.
and in the miscellaneous provisions.  lThe 1)roposed amended constitution brings  them
together again as article II, entitled, "Bill of Pihl)ts."  Few  changes have been made,
only such as seemed desirable to impreve the laniIua'e, or render more clear and certain the
right guaranteed. The first section is not in the present constitution, but is found in that
of 1835.  The words, "or,  against his consent, to contribute to the erection or support of,"
where they occur in section 2, and the wiords, "nor shall any witness be questioned touching
his religious belief," in section 3, are new.  Section 7, while it does not itself make any
changes in the juryv systemn, permits some chianges to be made by the legislature.  The last
clause of section 14 is new.
ARTICLE III.
DIVISION OF TIlE POWERS OF GOVERNMENT.
SECTION 1. The Powers of Government are divided into three departments:
Legislative, Executive, and Judicial.
SEC. 2. No person belonging to one department shall exercise power properly belonging to another, except in the cases expressly provided in this Constitution.
NOTE.-Thle only change in this article is the verbal one by which the word "power," in
section 2 is rendered in the singular instead of the plural.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power is vested in a Senate and House of Representatives.
SEC. 2. The Senate shall consist of thirty-three members. Senate districts
shall be arranged by the Legislature, and not less than two shall be formed of
the territory known as the upper peninsula. They shall be numbered consecutively, and each district shall elect one senator. At the first election under
this constitution, senators in the odd numbered districts shall be chosen for
two years, and in the even numbered districts for four years, and thereafter all
senators shall be elected for four years. No county shall be divided in the
formation of senate districts, unless such county shall be equitably entitled to
more than one senator.
SEC. 3. The House of Representatives shall consist of one hundred and ten
members, to be apportioned among the several counties and districts, accord-.
ing to an equal ratio of population, as near as may be.  Each county having
a  ratio  of representation, and a  fraction over equal  to one-third of such
ratio, shall be entitled to two representatives, and above that number, one
additional  representative  for each additional ratio; but every  organized
county containing a population of not less than one-third of the ratio of represeutationi, and everv two or more contiguous orgarnized counties containing a
like population, shall be entitled to  a representative.  Every  unorganized
county shall be attached to a representative district. RIepresentatives shall
be chosen for two years and by single districts.   In every county entitled
to more than one Representative, the  board of supervisors shall assemble
at such time and place as may be provided by law, and divide the same into
representative districts equal to the number of representatives to which such
county is entitled by law, and shall cause to be filed in the ofices of the
Secretary of State andl clerk of such countty, a description of such representative
districts, specifying the number of each district, and the population thereof
according to the last enumeration.  Such division into Representative districts
16 
AMENDED CONSTITUTION.
shall remain unaltered until the return of another enumeration, unless other wise provided by law.
SEC. 1. The Legislature, after each enumeration of inhabitants under the
authority of this State, and by the authority of the United States, shall re arrange the senate districts, and apportion anew the representatives among the
counties and districts according to the number of inhabitants.  But no re arrangement of senate districts shall vacate the seat of any senator.  Each
apportionment shall remain unaltered until the return of another enumeration.
No ward or township shall be divided in the formation of a senatorial or rep resentative district. Boundaries of municipalities may be changed by law, but
if thereby any territory embraced within a senatorial or representative district;
shall be detached therefrom, elections shall be held for senator or representa tive, as the case may be, in the territory so detached, until the return of another
enumeration and apportionment, the same as though  such change in boundaries had not been made.  No law heretofore enacted making a change in the
boundaries of any municipality shall be held void for the reason that the same
altered  t senatorial or representative district, and all such laws  are hereby
declared to be valid and confirmed.
SEC. 5. Every senator and representative shall be a citizen of  the United
States, and a qualified elector of the district he represents.  A removal from
his district shall be deemed a vacation of his office. Senators and representatives elected to fill vacancies shall hold their office for the residue of the uinexpired term.
SEC. 6. No person holding any elective State office, and no person holding
the office of probate judge, county clerk, register of deeds, county treasurer,
sheriff, county superintendent of schools, prosecuting attorney, county auditor,
or any office to which he wvas appointed by the President of the United States,
by and with the advice and consent of the Senate, shall be allowed to take or
hold a seat in either house of the Legislature.
SEC. 7. Senators and representatives shall, in all cases except treason, felony,
or breaclh of the peace, be privileged fronm arrest during sessions of the
Legislature. They shall not be subject to any civil process during any session,
nor for fifteen days next before the commencement and after the termination
thereof.  They shall not be questioned in any other place for any speech
in either house.
SEC. S. A majority of each house shall constitute a quorum to do business;
but a smaller number may adjourn from day to day and compel the attendance
,f absent members, in such manner  and uinder such penalties as each house
may prescribe.
SEC. 9. Each house, except as otherwise provided in this constitution, shall
choose its own officers, determine the rules of its proceedings, and judge of
the qualifications, election and return of its members, and may, with the concurrence of twvo-thirds of all the members elected, expel a member.   The reasons for such expulsion shall be entered upon the journal, with the names of
the members voting on the question.   No member shall be expelled a second
time for thie same cause.
SEC. 10. Each house shall keep a journal of its proceedings, iand publish the
same, except such parts as may require secresy.  The yeas and nays of the members of either house on any question shall be taken at the request of one-tifth
of the members elected.  Any member of either house may dissent from and
protest against any act, proceeding or resolutioii which he may deem injurious
17
ii 
AMENDED CONSTITUTION.
to any person or the public, and have the reason of his dissent entered on the
journal.
SEC. 11. In all elections by either lhouse, or in joint convention, the votes
shall be given viva voce. All votes on nominations to the Senate shall be taken
by yeas and nays, and published with the journal of its proceedings.
SEC. 12. The doors of each house shall be open, unless the public welfare
requires secresy. Neither house shall, without the consent of the other, adjourn
for more than three days, nor to any other place than where the Legislature
may then be in session.
SEC. 13. Bills may originate in either house, but no bill or new subject of
legislation shall be introduced after the expiration of the first fifty days of
the session, except on recommendation  of the Governor by special message.
At extra sessions, legislation shall be confined to the subjects expressly named
in the Governor's proclamation, or submitted by special message.
SEc. 14. Every bill and joint resolution passed by the Legislature, and every
concurrent resolution appropriating money or property, shall be presented to
the Governor, and if he approve, he shall sign it; but if not, he shall return
it, with his objections, to the house in which it originated, which shiall enter
the objections at large upon its journal, and  reconsider it.  On such reconsideration, if two-thirds of the members elected agree to pass such hill or resolution, it shall be sent, with the objections, to the other house, by which it
shall be reconsidered. If approved by two-thirds of the members elected to
that house, it shall become operative. In such case the vote of both houses
shall be determined by yeas and nays, and the names of the members voting
for and against it shall be entered on the journals of each house respectively.
If any bill or resolution be not returned by the Governor within ten days
(Sunday excepted) after it has been presented to him, the same shall become
operative in like manner as if hlie had signed it, unless the Legislature, by their
adjournment, prevent its return, in whlich case it shall not become operative.
The Governor may approve, sign and file in the office of the Secretary of State,
within five days after the adjournment of the Legislature, any act passed during
the last five days of the session, and the same shall becomne operative.
SEC. 15. The compensation of members of the Legislature shall be four dollars a day for actual attendance, and when absent on account of sickness.  They
shall be entitled to ten cents, and no more, for every mile actually traveled
going to and returning from the place of meeting, on the usually traveled
route; and for stationery and newspapers not exceeding five dollars for each
member during any session. Each member shall be entitled to one copy of the
laws, journals and documents of the Legislature of which he was a member;
but shall not receive, at the expense of the State, books, newspapers, or other
perquisites of office not expressly authorized by this Constitution.
SEC. 16. The President of the Senate and Speaker of the House of Represenltatives shall be entitled to the same per diem compensation  and mileage
as members of the Legislature, and no more.
SEC. 1,  No person elected a member of the Legislature shall receive any
civil appointment, other than that of notary public, fronm  the Governor, the
Governor and Senate, from the Legislatutre, or atny other State authority, or be
eligible to any office which shall have been created or  the emoluments  of
which shall have been increased by the Legisl'tture of which he is a member,
until the expiration of the term for which he is elected.  All such appointments, and all votes given for any personi so elected, for any such  office or
is 
AMIENDED CONSTITUTION.
appointment, shall be void.  No member of the Legislature shall be interested,
directly or indirectly, in any contract with the State, or any municipal cor poration, authorized by any law passed during the time for which he is elected,
until one year after the expiration of his legislative term.
SEC. 18. Every bill and joint resolution, and every concurrent resolution
appropriating money or property, shall be rea,d three times in each house
before the final passage thereof. No bill, nor any such resolution, shall become
a law without the concurrence of a majority of all the members elected to
each house, to be determined by yeas and nays, which shall be taken sepa rately, on each bill or resolution, and entered onl the journal.
SEC. 19. No law shall embrace more than one subject, which shall be
expressed in its title. No law shall be revised, altered or amended, by refer ence to its title only, but the act revised, and the section or sections of the
act altered or amended, shall be re-enacted and published at length. No
public act shall take effect or be in force until the expiration of ninety days
from the end of the session at which the same is passed, unless the Legislature
shall othlerwvise direct, by a two-thirds vote of the members elected to each
house, such vote to be taken by yeas and nays if demanded by any member.
SEC. 20. The Legislature shall not grant or authorize extra compensation
to any public officer, agent or contractor, after the service has been rendered
or the contract entered into.
SEC. 21. Tihe Legislature shall provide by law  that the furnishing of fuel
and stationery for the use of the State, all blanks, paper and printing for the
executive department and State offices, the printing and binding of the laws
and journals, and all other printing ordered by the Legislature, shall be let by
contract to the lowest bidder or bidders, who shall give adequate and satisfactory
security for the performance thereof. The Legislature shall prescribe by law the
mannier in which the State printing shall be executed, and the accounts rendered therefor, and shall prohibit all charges for constructive labor. It shall
not rescind or alter such contract, nor release the person or persons taking
the same, or his or their sureties, from the performance of any of the conditions of the contract.  No member of tile Legislature or officer of the State
shall be interested, directly or indirectly, in any such contract, or any contract
with the State.
SEc. 22. The Legislature shall not pass local or special laws in any of the following enumernated cases;
First. Divorcing any named party, or upon the subject of divorce;
Second. Changing the names of persons or places;
Thlird. Regulating the jurisdiction and duties of justices of the peace, or cotistables;
Fourth. Providing for changes of venute in civil or criminal cases;
I'lfth. Granting any special powers to boards of supervisors;
Sixth. Summoning and emapaneling grand or petit jurors;
Seventh. Regulating the rate of interest on money;
iy'ht/h. Authlorizing the sale, lease or mortgage of real estate belonging to
minors, or by executors or administrators, or by any religious corporation or
society;
7~inlh. Chartering or licensing ferries or toll-bridges;
Tenth. Remitting fines, penalties, or forfeitures;
~leve)tth. Creating, increasing or decreasing fees, percentages or allowances
of public officers;
19 
AMENDED CONSTITUTION.
Twelfth. Changing the law of descent;
Thlitiee(ith. Granting  to any corporation, association  or individual, any
special or exclusive privilege, immunity or franchise whatever;
Fourteesith. Declaring any named person of age;
Fifteenthl. Extending the time for the assessment or collection of taxes, or
otherwise relieving any assessor or collector of taxes from the due performance
of his official duties;
Sixtee2Ith. Punishing crimes or misdemeanors;
Sevenlee~tth. Adopting, by any person, any named person as his child or heir.
~ighteeN(tk. Vacating or altering any road laid out by commissioners of
highways, or any street, alley or public ground in any city or village, or in any
recorded town plat; or for altering the boundaries of any school district, for
building or repairing bridges, or for draining swamp or other low lands, except
by expenditure of grants to tile State;
5ineteenthl.  Exempting any property from taxation.  The Legislature shall
provide by general laws for the cases enumerated in this section, and for all
other cases which, in its judgment, may be provided for by general laws.
SEC. 23. The Legislatutre shall not establish a State paper.
SEC. 24. The Legislature may authorize the employment of a chaplain for
the State prison.
SEC. 25. No collector, holder or disburser of public moneys, shall have a
seat in the Legislature or be eligible to any office of trust or profit under this
State, until he shall have accounted for and paid over, as provided by law,
all sums for which he may be liable.
SEC. 26. The Legislature shall not audit or allow any private claim or account.
SEC. 27. The Legislature shall meet at the seat of government on the first
Wednesday in January, in the year eighteen hundred and seventy-five, and on
the first Wednesday in January in every second year thereafter, and at no other
place or time unless as provided in this constitution, and shall adjourn without
day at such time as the Legislature shall fix by concurrent resolution.
SEC. 28. The Legislature, on the day of final adjournment, shall adjoutrn at
twelve o'clock at noon.
SEC. 29. The election of senators and representatives pursuant to the pro  visions of this constitution, shall be held on the Tuesday succeeding the first
Monday of November, in the year eighteen hundred and seventy-six, and on
the Tuesday succeeding the first Monday of November of every second year
thereafter.
SEC. 30. The Legislature shall provide for the speedy publication of all stat  nte laws of a public nature, and of such judicial decisions as it may deem
expedient. All laws and judicial decisions shall be free for publication by any
person.
SEC. 31. The Legislature may declare the cases in which any office shall be
deemed vacant, and also the manner of filling the vacancy, where no provis  ion is made for that purpose in this constitution.
SEc. 32. The Legislature may confer upon organized townships, incorporated
cities and villages, and upon the board of supervisors of the several counties,
such powers of a local, legislative and administrative character as it may deem.
proper.
SEC. 33. The Legislature shall not authorize any lottery, or permit the
sale of lottery tickets.
SEC. 34. No  money shall be appropriated or drawn from  the treasury of
20 
AMIENDED CONSTITUTION.
this State, or of any municipal corporation, for the benefit of any religious sect
or socioty, theological or religious seminary, or school under private or denominational control, nor shall property belonging  to  the State or any municipal corporation be appropriated for any such purpose.
SEC. 35. Tile assent of two-thirds of the members elected to each house of
the Legislature shall be requisite to every bill appropriating the public money
or property for local or private purposes.
SEc. 36. The Legislature shall not pass any act authorizing the grant of
license for the sale of ardent spirits or other intoxicating liquors.
SEC. 37. The Legislature shall provide by law for an enumeration of the
inhabitants of the State in the year eighteen hundred and eighty-four, and
every ten years thereafter, and for the collection of such general statistics and
information as shall be deemed necessary.
SEC. 38. The style of the laws shall be: -" The People of the State of Michigan enact."
NOTE.-Section 2 of this article provides for thirty.three senators, to be chosen for four
yeears.  The present senate consists of thirty-two members, who are elected for two years.
Sections 3 and 4 embody the general provisions of the corresponding sections of the present
constitution, with some changes of arrangemnent.  Section 3 fixes the number of represen tatives definitely at one hundred and ten. The present constitution makes the house to
"consist of not less than sixty-four, nor more than one hundred members," the number
now being fixed by law at one hundred.  Counties having one-third of a ratio, are allowed
a representative-by  the present constitution nothing, less than a moiety  of the ratio,
entitles to a representative. The provision is framed with reference to the more rapid
growth of the newer counties.   The  provision of the present constitution  against the
division of cities in the formation of representative districts, is chlanged so as to read that
"no ward or township" shall be so divided.  All that part of section 4 commencing with
the word "Boundaries," after the words "representative district," is new.  The intervening
sections to and including section  12 have some changes of phraseology.   Section  13
embodies the provisions of sections 13 and 28 of the present constitution, and that portion
of section 15 which restricts legislation at extra sessions to subjects  submitted  by the
governor. It also has a new provision permitting the introduction of bills after fifty days
at regular sessions on recommendation of the governor.  Sections 14 and  18 (14 and 19 of
present constitution) are changed so as to place bills and joint resolutions, and concurrent
resolutions appropriating  money or property, on the same  footing. -By section  15 the
conmpensation of members is made foiur dollars per day, instead of three, as now, and the
clause limnitinu  the pay to twenty days  at extra sessions, is omitted.   Section  17 (18
present constitution) is somewhat  chlanged in phraseology, and has added in the first
clause  the  words, "or be eligible to any  office  whlichi shall  have  been  created  or
the emoluments of which shall have been increased t)y the legislature of which he
is a  melmber."   The  words,  "municipal  corporation,"  are also added  In the  last
clause in place of the word "county." Section 19 embodies the provisions of sections
20 and  25 of the present constitution, the words, "such  vote  to be taken by  yeas
and nays if demanded  by any member," at the iend of the section, being new.  Section
21 has some  sli-ght changes of pliraseolo,rv, and has aldded at the end of the section,
the words, "or any contract with the state."  Section 22 is a new section, althoughlI  some
of its prI,visions are covered by sections 23 and 26 of article IV of the present constitution.
Thile constitutional commission, in their report to the governor,  say with reference to this
section:  "Thle  restrictions proposed by some of the subdivisions of this section are now
emti()(lie(l in the constitution.  Others of them are already covered by general laws.  They
are all foundi in some one or other of the constitutions of the states.  It is believed that the
adoption of these restrictions will reduce the length and expense ot legislative sessions fully
one-tlird,( as well as be a safeguard against much hasty, corrupt and l)artial leoislsation."
Tile'vr(ls, "but no money shall  be apl)ropriatcd for the payment of any ieligious services
in eitheCr house of the legislature," are omitted from section 24.  Sections 27 lid 29, correspond(i,n  to sections 33 andi 34 of the present constituti)n, are changed( in p)hraseology, to
adapt therm to the chance of time.  Section 34, (section 40 present constitution,) has added
the wor(ls, "or school under private or denominational control," iand is fulrther ila(le appl)licable to municipal corporations.  Section 37 covers the ground of the first clause of section
4 of the present constitution, but the last clause relative to the collection  of statistics, etc.,
21 
AMIENDED CONSTITUTION.
is new.   The numbering of the sections of the amended article does not correspond ill all
cases to those of the present constitution, owing to the omission. reconstruction, and
transpl)ositioii of sections.  Corespoidingf  relerences are giveln, however, in ill cases deemed
important.   The lan-utge of sections 8, 11, 12, 16 2, 20, 235, 26, 28, 30, 31, 32, 83, 385, 36
anld 3S8, is unclianged from whliat it is in the p)resent constitution.   S(ction  16 (of the corresponldiun  article of the present constitution relative to postage, is omitted as obsolete, as all
postage is now required to be paid( in advance.  Sectio(n 29, p)ermitting compeusation only
to the person who imay be declared entitled to the seat in case of a contested election, is also
omitted.  That p)art of sectiion  b whlichl allows fifteen dollars to newspapers  publishing the
general laws  of a session, is omitted as absurd in itself, from  the smallness of the complensation offered.   Under section 30 of this amended article, which requires the legislature to
provide for the speedy publication of all statute lawrs of a public nature, the legislature may
provide adequate compensation to newspapers for publishing such laws as they may direct.
Sections 39, 41, 42, 43, 44, and 4(6, of the present article, are embodied in the Bill of Rights.
ARTICLE V.
EXECUTIVE DEPARTMENT.
SECTION 1. The executive power is vested in a Governor, who shall hold
his office for two years.  A Lieutenant Governtor shall be chosen for the same
term.
SEC. 2. No person shall be eligible to the office of Governor or Lieutenant
Governor who has not been five years a citizen of the United States, a resident
of this State two years next preceding his election, and attained the age of
thirty years.
SEC. 3. The Governor and Lieutenant Governor shall be elected at the times
and places of choosing the members of the Legislature.  The person having the
highest number of votes for Governor or Lieutenant Governor shall be elected.
In case two or more persons shall have an equal and the highest number
of votes for Governor or Lieutenant Governor, the Legislature shall, by joint
vote, choose one of such persons.
SEC. 4. The Gov-ernor shall be coimmander-ini-chief of the military and naval
forces, and may call out such forces to execute the laws, to suppress insurrection, and to repel invasion.
SEc. 5. Ite may require information in writing fioom officers of tlhe executive
department upon any subject relating to the duties of their resprective officew.
SEc. 6. He shall take care that the laws be faithfully executeld.
SEC. 7. 1Ie may convene the Legisl,ature on extraordinary eccasions.
SEC. S. lie shall give to the Legislature, and at the close of his official
term  to the incoming, Legislatllure, information b)y message of the condition of
the State, and recounimend such measures to them a,qs lhe shall deei expedient.
SEC. 9. IIe m-ay convene tl-he Legislature at some other place, wheni the seat
of goverinment becomes daiigerout from  disease or a public enemy.
SEc. 10. i-e shall issue w-rits of election to fill suclh vacaeies as occur in
the Senaite or house of Renresentattives.
SEC. 11.  Ie Lmay grant reprieves, commutationis  and pardons,  after convictioni, for all offenses except treason and cases of impeachment, upon such
conditions, and with such restrictions and limitations, as lie may think proper;
but the Legislature may provide by law ias to the manner of hearing applications for pardon.  ULpon conviction for treason, he may suspend the execution
of the sentence until the case shall be reported to the Lt,gislature at its next
session, when the Lcgislature shall either pardon or coimmuiite the sentence,
direct the execution of the selntence, or grant a further reprieve.  lIe shall com 
NAMENDED CONSIITULTION.
muniicate to the L-egislatuIre at each session, information of eachl case of reprieve,
commutation or palrdon,granited, and the reasons tl)erefor.
SEc. 12. In c.ase of the death of the Governor, his removal or suspelsion
from ofhice. inabl)ility to perform  the duties of tlhe oltice, resi(gnation, al)sence
from the State, or other disal)iiity, the powers and ditties of the oflice shall
devolve uipoi the Lieuteniant Governor for the residue of the terpi, or until the
disibilitv cease.  Bit lwhen the Governor shall b)e a')senit from the State at the
head of the militarv forces tl)ereof, lie shall continue to be commatnder-iinChief.
SEC. 13. During the vacancy ill the office of Governor, if the  Lieutenantt
(Governor die, resign, be displaced, suspended, or be incapable of performning
the duties of his office, or absent from the State, the president pro teinpore of
the Senate shall act as Governor until the vacancy be filled or tihe disalbility
cease.
SEC. 14. The Lieutenant Governor shall, by virtue of his office. be P'rLsident
of the Senate, and when there is an equal division, hle shall givec tlhe c.tstin*
vote.  In committee of the whole he may debate all questions.
SEC. 15. No  member of Congress, or any person hlolding office  tn(ler the
United States, or this State, shall execute the office of Governo', exepjt as
~pecified in this constitution.
SEC. 16. No person elected Governor or Lieutenant  Goveirnor shall receive
any office or appointment from the Legislature, or either house thereof, during
the time for which he was elected.
SEC. 17. The Lieutenant Governor and President of the Senate pro tempore,
when performing the duties of Governor, shall receive the same con){)enisatiol
as the Governor.
SEC. 18. All official acts of the Governor, his approval of the laws excepted,
slhall be authenticated by the Great Seal of thle State, which shall be kept by
the Secretary of State.
SEC. 19. All commissions issued to piersons hlolding office inder the provisions of this constitution shall be " In the name and by the authority of
the People of the State of iMichigan," sealed with the Great Seal of tihe State,
signed bv the Governor, antd countersigned by the Secretary of State.
SEC. 20. The Governor shall have power to disapprove of any item or items
of any bill makling appropriations of money, embracing distinct items, and the
part or parts approved shall be the law, and the item  or items disapproved
shall he void, unless re-passed according to the rules and limiitations prescribed
for the passage of other bills over the executive veto.
NOTF,.-Tlle sections of this article, exel)t section 20, w hIicli is new, arc  the same  in
numir'ber, an( relate resl)ectively to thlle same su bjeet illetir, with those of the p)resenlt coInsti- 
tition.  A  nlmer of thle sections hlave some elhanges of phiraseology, )but none of suffcient
iwportance to requir, specifie mnention.
ARTICLE VI.
JUDICIAL I)EP.ART M5ENT.
SECtrIOx  1. The judicial power is vested(l in a Suprenme Court. in circuit
courts, probate courts, justices of the peace, and in such other courts, tribuials and officers as are or shall be established or authorized by law.
SEc.?. The Supreme Court is continued subject to the provisions of thllis
'rticle.  The Legislature shall provide for one additional judge, so tllat the
23, 
AMENDED CONSTITULTTION.
Court shlall consist of five members,  to be chosen  by the electors of  the
State, and for a classification of judges, so that one shall go out of office
every  two years.  The judge having the shortest time  to serve shall be
Chief justice during the remainder of his term of office. The term of office
of a judge of the Supreme Court shall be tell years.  A judge of the Supreme
Court may be assigned to hold a circuit court in cases provided by law.
SEc. 3. The Supreme Court shall  have a general  superintending  control
over all other courts and tribunals; and also such appellate jurisdiction as
shall be provided by law; and to that end may issue writs of error, certiorari,
mandamus, precedendo, prohibition, and all other appropriate writs and pro cess. It shall also have original jurisdiction in cases of mandamus, habeas
corpus, proceedings in the nature of quo warranto, and of proceedings by scire
facias to vacate letters patent.   Its appellate jurisdiction shall not extend to
any civil cases for the recovery of money or property in which the amount or
value of the thing in controversy is less than one hundred dollars, exclusive of
costs, except upon the allowance of an appeal, writ of error or certiorari by
the judge who tried such case, or by a judge of the Supreme Court.
SEC. 4. Four terms of the Supreme Court shall be held annually, at such
times and places as may be designated by law.
SEC. 5. The Supreme Court shall, by general rules, except as otherwise pro vided by law, establish, modify and amend the practice in such court and in all
inferior tribunals, and simplify the same,  and shall appoint its clerks  and
a reporter of its decisions. The decisions of the Supreme Court shall be in
writing, and signed by the judges concurring therein. Any judge dissenting
therefrom shall give the reasons of such dissent in writing, under his signa tnre.  All such opinions shall be filed in the office of the Clerk of the Supreme
Court.  The concurring opinion of any three of said judges shall be a decision.
SEC. 6. The Legislature shall divide the State into seventeen judicial circuits,
and it may increase the number of circuits at the expiration of periods of six
years. It may re-arrange the circuits or decrease the number of the same at
any time; for each of which circuits, so established, the electors thereof shall
elect one circuit judge, who shall hold his office for the term of six years,
and until his successor is elected and qualified.  No alteration of any circuit
shall have the effect to remove a judge from office, provided lie shall reside in
the circuit of which he is judge. In every additional circuit established, the
judge shall be elected by the electors of such circuit, and his term of office
shll continue as provided in this constitution for judges of the circuit court.
Ec. 7. A  circuit court shall be held at least twice in each year in every
county organized for judicial purposes, and at least three times in each year in
counties  containing  ten  thousand  inhabitants; and in counties  having
twenty thousand inhabitants or over, there shall be at least four terms in each
year.  Judges of the circuit court may hold courts for each other, and in
other circuits in case of a vacancy, and shall do so whlen required by law or upon
the request of the Governor.
SEC. 8. Thie circuit courts shlal  have  original jurisdiction in all matters
civil and criminal, not excepted in this constitution and [not] prohibited by law,
aid such al)pellate jurisdiction from all inferior courts and tribunals as shall
be provided by law, and a supervisory control of the same. T4iey shall also
]lave power to issue writs of injunction, habeas corpus, mandamnus, quo warran to, certiorari, and other writs necessary to carry into effect their orders,
judgments and decrees, and give them general control over inferior coturts and
21 
AMIENDED CONSTITUTION.
tribunals within their respective jurisdictions, and in other cases provided by
law.  The appellate jurisdiction of said courts shall not extend to any civil
case in which the amount or value of the thing in controversy is less than
twenty-five dollars, exclusive of costs, except upon allowance of an appeal or
writ of certiorari by a circuit court commissioner or the judge of the court
entitled to exercise such appellate jurisdiction.
SEC. 9. Whenever a judge shall remove beyond the limits of the jurisdiction for which he was elected or appointed, or a justice of the peace from the
township in which he was elected, or by a change in the boundaries of such
township  shall be placed  without  the same, he shall be deemed  to  have
vacated his office.
SEC. 10. When a vacancy occurs in the office of judge of the Supreme,  circuit, or probate court, it shall be filled by appointment of tile Governor, which
shall continue until a successor is elected and qualified.  When elected, such
successor shall hold his office during the residue of the unexpired term.
SEC. 11. The clerk of each county organized for judicial purposes shall be
clerk of the circuit court of such county. The judges of the circuit courts,
within their respective jurisdictions, may fill vacancies in the offices of county
clerk and prosecuting attorney.
SEC. 12. During their continuance in office, and for one year thereafter, the
judges of the Supreme and circuit courts shall be ineligible to any other than a
judicial office.
SEC. 13. In each county organized for judicial purposes there shall be a
court of probate. It shall have such probate jurisdiction, powers and duties as
shaill be prescribed by law. Other jurisdiction, civil and criminal, may also be
conferred on courts of probate. Judges of probate shall hold their offices for
a term of four years, and shall be elected by the electors of their respective
counties, as shall be provided by law.
SEC. 14. The Supreme,  circuit and probate courts shall be coutrts of record,
and shall each have a co)mmon seal.
SEC. 15. There shall be not exceeding four justices of the peace in each
organized township. They shall be elected by the electorsDf the townships,
and shall hold their offices for four years, and until their successors are elected
and qualified.  At the first election in any township, they shall be classified as
shall be prescribed  by law.  A justice elected to fill a vacancy shall hold his
office for the residue of the unexpired term.
SEC. 16. In civil eases justices of the peace shall have exclusive jurisdiction
to the amount of one hundred dollars, and concurrent jurisdiction to the
amount of three hundred dollars, which m.tv be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. They
shall also have such criminal jurisdiction, and perform such duties, as shall be
prescribed by the Legislature.
SEC. 17. Judges of the Supremne Co)urt, circuit judges,  and justices of the
peace, shall be conservators of the peace within their respective jurisdictions.
SEC. 18. The style of all process  shall be:'"In the name of the People of
the State of Michig ail."
NoTE.-This article contains  18S sections.   The  corresponding article of  the  present
constitution cont'ins 3-5 sections.  Eleven of these,  namely, 24 to 34 inclusive, arc transft,rret to the "Bill of Ri(Ilts."  The nubt)er of sections is fuirther reduced by the mnergence
of sections 6 an(]  7 in section 6, and sections 5 and  10 in section  5.   Four sections,
namely, 16, 20, 21 and 23, are omitted  from the amendled article.   The first of these,
4
25 
AMIENDED CONSTITUTION.
relating to circuit court commissioners, is Covered 1)y section 5 of amended article X.  Two
others, 20 aned 21, relating to tlhe time of choosing circuit and probate judges, are omitted as
superfluous.  Section 23, relative to courts of conciliation, is omitted, as all the power conferred b)y it is coveredl by tlec lIst clause of section 1 of the amended article. The same
clause also stan(s in lieu of the last clause of the correspondling section of  the present
constitution, which provides that "municipl)al courts of civil and criminal jurisdiction may
be established l)y the legislature in cities."  The principal changes are summarized as
foll()ws:
First-Of the supireme court: One additional judge is providled for, and the terms of
ju(dges extended to ten sears.  The clauses declaring who shall be chief justice, and providing that supreme judges may hold circuit courts, are newv.  Also that part of section 3 as
to the limitation of appellate jurisdiction, and the last clause of section 5. Also the provision authorizing the supreme court to appoint its clerks. By the present constitution the
clerk of each county where the supreme court is held, is clerk of the court.  The words
except as otherwise provided by law," in section 5, are new.
Second-Of the circuit courts: The present constitution allows an unlimited increase of
circuits at any time; the amended article permits an increase only at periods of six years.
Section 11 of the present constitution requires two terms of the circuit court to be held each
year in all organized counties, and four terms in counties of 10,000 inhabitants. Amended
section 7 stands in lieu of this section.   The words, "and in other circuits in case of a
vacancy," at the end of section 7, is an important and needed addition, it having been held
by somne of the circuit judges that under the present constitution a judge cannot bc assigned
to hold court in a circuit where the judgeship is vacant. The resignations of judges consequent upon the low salaries, cause frequent vacancies, and terms of court in important
counties have been thrown over for the want of a judge.  The last clause of section 2,
authorizing judges of the supreme court to hold circuit courts, is also pertinent to this point.
The limitation as to appellate jurisdiction in section 8 is new.
Third-Of probate courts: The clause in section 13, which says that "other jurisdiction,
civil and criminal, may also be conferred on courts of probate," is new.
Fourth-Of justices of the peace:  The only change is the omission from  section 15,
(section 17 present constitution) of the clause permitting an increase of the number of
justices in cities.
ARTICLE VII.
ELECTIVE FRANCHISE.
SECTION  1. In all elections, every person of the age of twenty-one years who
shall have resided in this State three montls, and in the township or ward
in which he offers to vote ten days next preceding an election, belonging to
either of the following classes shall be an elector and entitled to vote:
First —Every male citizen of the United States;
Secol (Z-Every male inhabitant of this State, who shall have resided in the
United States two vears and six months, and declared his intention to become
it citizen of the United States pursuant to the laws thereof six months  precedingi an election;
-T/zi7(/-Evcrv male ilnhabitant residing in thlis State on  the twenty-fotirtl
day of JLtne, one thousand ei(ght hundred and tlhir tv-five.
SEc. 2'. In time of wtr, insui-rectioni or rebellion, the right, to vote at suelh
p)]tce  and in such manner as shall be prescribed by law, shall be enjoyedl by
all persons otlierw-ise entitled thereto, who may be in the actual military or
nava,l service of the United States, or of this State, and their  votes shall be
made to apply to the township or ward of which they are residents.  The Legislature may provide by law for allowing townships to hold  their elections il
nv city wholly or in part within the linits of sucht townships.
SEC. 3. All elections shall be by )ballot, except of sichl township oflicers as
ma,V be autlhorized by law to be otherwise chosen.
SEc. 4. Every  elector, in all cases except  treason, felony, misdemeanor,
or breach of the peace, shall be privileged from arrest dluring his attendance
at election, and in going to and returning from the same.   No elector shall
k; 
AMVENDED CONSTITUTION.
be obliged to attend court as a suitor or witness on the day of election, or to do
military duty thereon except in time of war or public danger.
SEC. 5. No elector shall be deemed to have gained or lost his residence by
reason of absence therefrom in the service of thec United States or of this State,
nor while engaged in the navigation of the waters of this State or of the United
States, or of the high seas, nor while a student at any seminary of learning, nor
while kept at any alms-house or other asylum at public expense, nor while
confined in any public prison.
SEC. 6. Laws may be passed to preserve the purity of elections, and guard
against abuses of the elective franchise.
SEC. 7. No soldier, seaman or marine in the army or navy of the United
States, shall be deemed a resident of this State in consequence of being stationed
in any place within the same.
SEC. 8. Any inhabitant of this State who may hereafter be eigaged in a duel
shall be disqualified from holding any office and [from] voting at any election.
NOTE.-The first section of this article has been re-arranged and changed in phraseology,
but does not affect the qualifications of electors.  Thle last clause of section 2 is new.
ARTICLE VIII.
STATE OFFICERS.
SECTIOX 1. There shall be elected at each general biennial election in November, a Secretary of State, a State Treasurer, a Commissioner of the State Land
Office, a Superintendent of Public Instruction, an Auditor General, and an Attorney General, for the term of two years, each of whom shall keep his office at the
seat of government, and shall perform such duties as may be prescribed by law.
SEC. 2. Their term of office shall commence on the first day of January following their election.
Sec. 3. Whenever a vacancy shall occur in any of the State offices, the Governor shall fill the sanme by appointment, by and with the advice and consent
of the Senate, if in session.
SEC. 4. The Secretary of State, State Treasurer and Commissioner of the State
Land Office, shall constitute a Board of State Aucitors, to examine and adjust
all claims against the State not otherwise provided for by law.  They shall
also constitute a Board of State Canvassers, to determine the result of all elections for Governor, Lieutenant Governor and State oflicers, and of stuchl other
officers as shall by law be referred to them.
SEC. 5. In case two  or more persons have an equal and the highest number
of votes for any office, as canvassed by the Board of State Canvassers, the
Legislature, in joint convention, shall choose one of said persons to fill such
office.  Whle]i the dleterminaLtion of the Board of Sta,te Canvassers is contested,
thle LegislatuLre in joint convention shall decide which person is elected.
NOTE.-There are some slight chaInge s of phlraseology only in this article.
ARTICLE IX.
SALARIES.
SECTION 1. The Governor shall receive an annual salary of three thllousand
dollars; the circuit judges shall receive an annual salary of two thousand five
hundred dollars; the State Treasurer shall receive an annual salary of two
I1) I i 
AMENDED CONSTITUTION.
thousand five hundred dollars; the Auditor General shall receive an annual
salary of two thousand five hundred dollars; the Superintendent of Public
Instruction shall receive an annual salary of two thousand dollars; the Secretary of State shall receive an annual salary of two thousand dollars; the Commissioner of the Land Office shall receive an annual salary of two thousand dollars; the Attorney General shall receive an annual salary of two thousand five
hundred dollars; they shall receive no fees or perquisites whatever, for the performance of any duties connected with their offices. It shall not be competent
for the Legislature to increase or diminish the salaries herein provided. The
Auditor General, the Superintendent of Public Instruction, the Secretary of
State, the Commissioner of the Land Office, and the Attorney General, shall
each reside, during the term of his office, at the seat of government, and shall
personally superintend the duties of his office.
NOTE.-The changes of salaries proposed will be best shown by a tabulated statement, as
follows:
Present.    Propoed.
Governor —------------------------------------------------ - - $1,000          13,000
Circuit judges -------------------------------------------------- 1,500          2,500
State Treasurer -----------------------------------------------— 1,000           2,500
Anditor General —---------------------------------------------- 1,000            2,500
Superintendent Public Instruction —-------------------------------- 1,000        2,000
Secretary of State. —---------------------------------------------- 800         2,000
~Commissioner Land Office. —--------------------------------- 800               2,000
Attorney General.. —------------------------------------------ 800  2,500
The last sentence of the article, requiring the State officers to reside at the capitol, and
nersenally superintend the duties of their offices, is new.
ARTICLE X.
MUNICIPAL CORPORATIONS.
SECTION 1. No county, city, township, or other muni'cipal corporation, shall
become a stockholder in, or make any loan or gift to, or lend its credit in aid
of any person, private corporation or association; nor shall any county, city,
township, or other municipality, construct or become the owner of any railroad.
The provisions of this section shall not prevent such municipalities from
aiding enlistments, and in the support of the families of soldiers in time of
war; or supporting their poor in such manner as may be provided by law.
COUNTIES.
SEC. 2. Each organized county shall l)e a body corporate, with such powers
and immunities as shall be prescribed by law.  All suits and proceedings by
or against a county shall be in the name thereof. The power of counties to
levy taxes, borrow money, and contract debts, shall be restricted by law.
SEC. 3. The board of supervisors of any county may, l)y a vote of twrothirds of their iwhole number, borrow or raise by tax a sum not exceeding in
any one year one mill upon the dollar of the assessed vatluation thereof, for
constructing or repairing public buildings, highwvays, or bridges: Provided,
The indebtedness of a county incurred under this section shall at no time
exceed two mills upon a dollar of such assessed valuation, unless authorized
by a majority of the electors of the county voting thlereon, as shall be provided
by law.
SEc. 4. No organized county shall ever be reduced, by the organization of
new counties, to less than sixteen townships as surveyed by the United States,
28 
AMENDED CONSTITUTION.
unless, in pursuance of law, a majority of electors residing in each county to
be affected thereby shall so decide.   The Legislature may organize any city
into a separate county when it has attained a population of twenty thousand
inhabitants, without reference to geographical extent, when a majority of the
electors of a county in which such city may be situated, voting thereon, shall
be in favor of a separate organization. Nothing herein contained shall be
so construed as to prevent the Legislature from organizing any county composed wholly of islands within the territory of the State, or discontinuing
any such county and attaching the same to the nearest county or counties on
the main land.
SEC. 5. In each organized county there shall be a sheriff, a county clerk, a
county treasurer, a register of deeds, one or more circuit court commissioners,
and a prosecuting attorney, chosen by the electors thereof once in two years,
whose duties and powers shall be prescribed by law. The board of supervisors
in any county may unite the offices of county clerk and register of deeds in
one office, or disconnect the same.
SEC. 6. The sheriff, county clerk, county treasurer, judge of probate, and
register of deeds, shall hold their offices at the county seat.
SEC. 7. The sheriff shall hold no other office. No person shall be eligible
to the office of sheriff for more than four in a period of six years. The county
shall never be responsible for his acts.
SEC. 8. A board of supervisors, consisting of one from each organized township, shall be established in each county, with such powers as shall be prescribed by law. Cities and villages shall have such representation in the board
of supervisors of the counties in which they are situated as the Legislature
may direct.
SEc. 9. No county seat, once established, shall be removed, until the place
to which it is proposed to be removed shall be designated by two-thirds of the
board of supervisors of the county, and a majority of the electors voting
thereon shall have voted in favor of the proposed location, in such manner as
shall be prescribed by law.
SEc. 10. The board of county auditors in such counties us may be authorized by law to elect county auditors, and in every other county the board
of supervisors, shall, except as otherwise provided by law, have power to
prescribe the compensation for all services rendered for, and adjust all claims
against their respective counties, and such determination and adjustment shall
be subject to no appeal.  Supervisors and county auditors shall receive for
their services such compensation as shall be prescribed by law.
SEC. 11. The board of supervisors of each organized county may provide
for laying out highways, constructing bridges, and  organizing townships,
under such restrictions and limitations as shall be prescribed by lavw.
TOW'NSHIPS.
SEc. 12. Each organized township shall be a body corporate, with such powers and immunities as shall be prescribed by law. All suits and proceedings
by or against a township shall be in the name thereof.
SEC. 13. There shall be elected in each organized township, annuall, ont
the first Monday of April, or at such other time as the legislature may provide, one supervisor, one township clerk, who shall be ex officio school inspector, one commissioner of highways, who shall hold his office for one year, one
township treasurer, one school inspector, who shall hold his office for two years,
29, 
AMENDED CONSTITUTION.
not exceeding four constables, and one overseer of highways of each highway
district, and such other officers as may be provided by law, whose powers and
duties shall be prescribed by law.
CITIES AND VILLAGES.
SEC. 14. Cities and villages shall hereafter be incorporated only nnder general
laws, in which their powers of taxation, borrowing money, and contracting
debts, shall be restricted.
SEC. 15. No city or village shall incur indebtedness, including that incurred
by or on behalf of any school district within its corporate limits, so that its
aggregate debt at any time shall exceed ten per cent on the valuation of its
taxable property, as shown bv the assessment roll, unless authorized by a majority of the electors residing within such corporation voting thereon as may be
prescribed by law.
SEC. 16. The judicial, chief executive and legislative officers of cities and
villages shall be elected.
SEC. 17. Existing charters of cities and villages may be altered and amended.
NOTE.-In the present constitution the subject of "Counties" is treated of in article X,
and of "Townships" in article XI. In the revision the two are combined into a single
article, under the title of "municipal Corporations," to which is also added "Cities and
Villages," which have no special place in the present instrument.  Section 1 and the last
clause of section 2 are new. Section 3 stands in lieu of section 9 of article X of present
constitution, which limits the amount to one thousand dollars that may be raised in any county
any one year by a majority vote of the board of supervisors, but does not'limit the aggregate
to which the indebtedness may reach by successive yearly appropriations. The amended
section requires a two-thirds vote of the board of supervisors to raise any sum, and limits
the amount that may be raised by a per cent upon the assessed valuation, as being more
equal in its operation, and also limits the aggregate of indebtedness that may be incurred.
The last sentence of section 4 is new.   Section  5 corresponds to section 3 of present
article X. The only change is the omission of the words "and as often as vacancies shall
hlappen," where they occur after the words "two years," in the last named article.   Section 7 corresponds to section 5 of present article X. The clause relative to renewal of
the sheriff's bond is omitted.  Section 8 combines sections 6 and 7 of present article X.
The words, "and villages," used with reference to representation on boards of supervisors,
is new. In section 10 the words, "except as otherwise provided by law," and the last
clause of the section, are new. In section 13, the words, "or at such other time as the
legislature may provide," and the words, "and such other officers as may be provided by
law," are new. The office of commissioner of highways is fixed definitely at one commissioner to hold for one year (the present constitution is ambiguous on this subject,) and
one school inspector is to be chosen each year, to hold for two years, the present constitution providing only for one. Under the present constitution, cities and villages may be
incorporated either under general law or by special charter.  By section 14 of the amended
article they can only be incorporated under general law, although by section 17, existing
charters may lbe amended. Section 15 is new. Section 16 is represented by section 14 of
article XIV of present constitution.
ARTICLE XI.
CORPORATIONS OTHER THAN IMUNICIPAL.
SECTION 1. Corporations (other than municipal, and those for charitable,
educational, penal and reformatory purposes under the control of public
authority) shall be hereafter created only by general laws. All general acts of
incorporation, and general laws affecting incorporations, may be altered, amended or repealed. The charter of no existing corporation, not embraced in the
above exceptions, shall be renewed or extended, nor shall the power of such corporation be increased or enlarged.
30 
AMTENDED CONSTITTTION.
SEC. 2. No banking law, authorizing banks of issue, shall have effect until
the same shall, after its passage, be submitted to a vote of the electors of the
State, at a general election, and be approved by a majority of the votes cast
thereon at such election, but the Legislature may alter or amend the same.
SEc. 3. The stockholders of every corporation or association for banking
purposes, issuing bank notes or paper credits to circulate as money, shall be
individually liable for all debts contracted during the time of their being
stockholders of such corporation or association, equally and ratably to the
extent of their respective shares of stock in any such corporation or association.
SEC. 4. The Legislature shall provide for the registry of all bills or notes
issued or put in circulation  as money  by  any bank organized under the
laws of this State, and shall require security to the full amount of notes and
bills so registered, in interest-bearing stocks of this State, or of the United
States, which shall be deposited with the State Treasurer, for the redemption
of such bills or notes in lawful money of the United States.
SEC. 5. In case of the insolvency of any bank or banking association, the
billholders thereof shall be entitled to preference in payment over all other
creditors of such bank or association.
SEC. 6. The Legislature shall pass no law authorizing or sanctioning the sutspension of payments by any person association or corporation.
SEC. 7. The stockholders in all corporations shall be individually liable for
all labor done in behalf of such corporation during the time of their being
such stockholders.
SEC. 8. All fictitious issue or increase of the bonds or other evidence of
indebtedness, or of the capital stock of any corporation, is prohibited.
SEc. 9. No corporation shall hold any real estate for a longer period than ten
years from the time of acquiring the same, except sutch real estate as shall be
actually occupied by it, or necessary in the exercise of its franchises.
SEC. 10. Foreign corporations may be permitted to do business in this State
iti.der such limitations and restrictions as may be prescribed by law, but shall
be subject to the same restrictions and liabilities that are imposed, and shall
have no greater rights than are conferred upon, domestic corporations of like
character, and the stockholders of such foreign corporations shall be subject to
like personal liabilities as stockholders in similar domestic corporations.  No
foreign corporation shall acquire or hold any more lands in this State than a
domestic corporation of like character is permitted to acquire or hold, and
all lands hereafter acquired or held in violation of this provision shall eseheat
to the State. Provision may be made for debarring all foreign corporations
which shall violate any law of this State from thereafter being allowed to do
business in the State.
SEC. 11. The Legislature may, from time to time, pass laws establishing
reasonable maximum rates of charges for the transportation of passengers and
freight, and regulate the speed of trains, on different railroads in this State,
and shall prohibit runniing contracts between such railroad companies whereby
discrimination is made in favor of either of such companies as against other
companies owning connecting or intersecting lines of railroads.  The Legislature may also pass laws establishing reasonable maximum rates of tolls or
freiglhts onI ship or other canals in this State.
SEC. 12. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporatioa owning a parallel or competing line;
and in no case shall any consolidattion take phtce except upon public notice
31 
AMENDED CONSTITUTION.
given of at least sixty days to all stockholders, in such manner as shall be pro,yided by law, nor shall any such corporation hereafter lease any parallel or competing line of road, and no two or more competing lines of railroad shall
be run or operated, directly or indirectly, wholly or in part, under the same
management or supervision, or under or subject to any arrangement, agreement, or understanding, with reference to rates of fare or freight to be charged,
or for the division of earnings.
Sec. 13. Every corporation organized in this State shall maintain an office
therein, where a record of the transfers of its stock shall be made, and where
books shall be kept for inspection by any stockholder or creditor of such corporation, in which shall be recorded the amount of capital stock subscribed,
and amount paid in, and bv whom, the names of the owners of its stock, and
the amounts owned by them respectively, the transfers of said stock, and the
names and places of residence of its officers.
SEC. 14. No president, director, officer, agent or employe of any railroad
or canal company shall be interested, directly or indirectly, in the furnishing
of material or supplies to such company, nor in the business of transportation
as a common carrier of freight or passengers over the works owned, leased,
controlled or operated by such company.
SEC. 15. No telegraph company shall consolidate with. nor hold a controlling interest in the stock or bonds of any other telegraph company owning a
competing line, nor acquire by purchase or otherwise any competing line of
telegraph.
SEC. 16. No corporation, except for municipal or mining purposes, for life
insurance, or for the construction of railroads, canals, and the establishment of
cemeteries, shall be created for a longer period than thirty years.
SEC. 17. The term corporation, as used in this article, shall be construed to
include all associations and joint stock companies having any of the powers or
privileges of corporations not possessed by individuals or partnerships.
SEC. 18. All railroads shall be public highways, and all railroad companies shall be common carriers.   Any association or corporation, organized
for the purpose, shall have the right to construct and operate a railroad between
any points within this State, and to connect at the State line with railroads of
other States.  Every railroad company shall have the right, with its road, to
intersect, connect with, or cross any other railroad, and shall receive and transport each other's passengers, tonnage, and cars, loaded or empty, without delay
or discrimination.
SEC. 19. The exercise of the right of eminent domain shall never be abridged
or so construed as to prevent the Legislature from taking the property and
franchises of incorporated companies, and subjecting them to public use the
same as the property of individuals; and the exercise of the police power of
the State shall never be abridged or so construed as to permit corporations to
conduct their business in such manner as to infringe the equal rights of individuals, or the general well-being of the State.
NOTE.-This article corresponds to article XV  of the present constitution,  and  also
includes article XIX-A, relative to railroads, adopted in 1870.  Section  1 is changed ia
phraseology, and is strengthened by the addition of the words, "nor shall the power of such
corporation be increased or enlarged."   (Sec sections 1, 8, and  16, article XV, present
constitution.)  Section 2 has added the words, "authorizing banks of issue," in the first
line, and the words, "but the legislature may alter or amend  the same," at the end  of the
section.  Otherwise the section is the same as section 2 of present artictle XV.  But yet
section 1 of that article says:  "But the legislature may, by a vote of two-thirds of the
32 
AMENDED CONSTITUTION.
members elected to each house, create a single bank, with branches."  This was adopted as
an amendment in 1862. It authorizes the establisihmuent, by special charter, and without
submission to the people, of a single bank, with branches permeating the State.  The force
of the provision could hardly have been understood at the time of its adoption. It is wisely
omitted from the revision. Section 11 and section 12 to and including the words, "provided by law," stand as sections 1 and 2 of article XIX-A, of the present constitution.
The remainder of section 12, and also the words, "and regulate thile spee(l of trains," in
section 11, are new.  Sections 8, 10, 13, 14, 15,18 and 19, are all new.  TLiere are a number
of sections of article XV of the present constitution that do not appear in this amended
article, but are represented in other parts of the revision.   Section 7 is changed in
phraseology.
ARTICLE XII.
IMPEACHMENTS AND REMOVALS FROM OFFICE.
SECTION 1. The House of Representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes and misdemeanors;
but a majority of the members elected shall be necessary to direct an impeachment.
SEC. 2. Every impeachment shall be tried by the Senate.  When the Governor or Lieutenant Governor shall be tried, the Chief Justice of the Supreme
Court shall preside.  When an impeachment is directed, the members of the
Senate shall take an oath or affirmation truly and impartially to try and
determine the same according to the evidence. No person shall be convicted
without the concurrence of two-thirds of the members elected.  Judgment in
case of impeachment shall not extend further than removal froml office; but
the party accused, whether acquitted or convicted, shall be liable to trial and
punishment according to law.
SEC. 3. When an impeachment is directed, the House of Representatives shall
appoint, from their own body, a committee, whose duty it shall be to prosecute
such impeachment.  An impeachment may be tried after the final adjournment of the Legislature.
SEC. 4. No officer shall exercise his office after an impeachment is directed,
until he be acquitted, but such disability shall not continue longer than three
months, unless the trial of such impeachment shall have been commenced and
proceeded with.
SEC. 5. For reasonable cause, which shall not be a sufficient ground for the
impeachment of a judge, the Governor shall remove him on a concurrent resoluttion of two-thirds of the members elected to each house of the Legislature,
after the party accused shall have had an opportunity to be heard in his
defense; but the cause for which stuch removal is required shall be stated
at length in such resolution.   Provision may be made  by law for the suspension of a judge when the Legislature is not in session.
SEC. 6. County, township, city, village or school district officers, may be
removed in such manner and for such cause as may be provided by law.
SEC. 7. The Governor shall have power, and it shall be his duty, to examine
int    o th e  condition and administration of any public office and the acts of any
public  officer, elective or appointed, and, except at such times as the Legislature
may          be in session, to suspend from office for gross neglect of duty, or for
corru pt  conduct in office, or any other misfeasance or malfeasance therein, either
o f    the following State officers, to wit: The Attorney General, State Treasurer
Commissioner of the State Land Office, Secretary of State, Auditor General,
Superintendent of Public Instruction, or members of the State Board of Edu               5
33 
AMENDED CONSTITUTION.
cation, or ainy other officer of the State, except legislative and judicial, and
report the cause of such suspension to the Legislature at its next session.
SEC. S. Whenever, during a recess of the Legislature, it shall, in the opinion
of the Governor, become  necessary to direct an impeachment of any civil
officer, he may, by proclamation, convene the House of Representatives for that
purpose; and if the House, when so convened, shall direct an impeachment, he
shall in like manner immediately convene the Senate to try such impeachment;
and whenever, in the opinion of the President of the Senate and Speaker of
the House of Representatives, it shall, during a recess of the Legislature, become
necessary to direct an impeachment of the Governor, they may, by their joint
proclamation, convene the House for that purpose; and if the House direct such
impeachment, the said President and Speaker shall, in like manner, immediately convene the Senate to try such impeachment.
SEC. 9. The Governor may make a provisional appointment to fill a vacancy
occasioned by the suspension of an officer, by impeachment or otherwise, until
he shall be ac(luitted, or until the election or appointment and qualitication of
a successor.
NOTE.-Section 4 of present article XII relates only to judicial officers.  The amended
section strikes out the word "judicial," leaving it applicable to all officers.   All that part of
the section after the word "acquitted" is new. The last sentence of section 5 is new, and
section 8 is niew entire. There are some changes of phraseology not necessary to note.
ARTICLE XIII.
EDUCATION.
SECTION 1. The Superintendent of Public Instruction shall have the general
supervision of public instruction, and his duties shall be prescribed by law;
and hlie shall be a member, ex officio of the boards of all State educational
institutions, including the Reform School.
SEC. 2. The regents of the Universitv and their successors in office shall
continue to constitute a body corporate by the name aid title of' The Board
of Regents of the University of MIichigan."  Said Board shall consist of the
two ex officio members provided for in this article, and eight elective members.
The terms of office of the elective members shall be eight years, and two
of such members shall be elected every second year at the time of the annual
township election, so as to succeed the regents now in office as their several
terms expire.  Said Board of Regents shall, as often as necessary, elect a President of the University, who shall be its chief executive officer, and, ex officio,
a member and president of said board, with  the privilege of speaking, but
not of voting.  The Board of Regents shall have the general supervision of the
University, and the direction and control of all expenditures firom the Universitv interest fund.
SEC. 3. The State Normal School shall continue under the supervision of
the State Board of Education, which shall consist of the Superintendent  of
Public Instruction, ex officio, and three elective members.  The terms of office
of said elective members  shall be six years, and one of said members shall
be elected every second year, at the time of the election of Governor, and
shall enter upon the duties of his office on the first day of January succeeding
his election.  Said Board shall p)erform sutch other duties as shall be prescribed
by law.
SEC. 4. The boards of control of the Reform School, the State Public School,
0 
AMENDED CONSTITUTION.
and of the Agricultural College, shall be appointed by the Governor by and
with the consent of the Senate, and their duties shall be prescribed by law.
SEc. 5. Any vacancy that shall occur in any of the boards mentioned in this
article shall be filled by appointment by the Governor.
SEC. G. The Legislature shall provide a system of primary schools, by which
a school shall be maintained in each school district in the State, free of charge
for tuition, at least three months in the year.  The instruction shall, in all
cases, be conducted in the English language.
SEC. 7. A school shall be maintained in each school district at least three
months in each year.  Any school district neglecting to maintain such school
shall be deprived for the ensuinig year of its proportion of the income of the
primary school fund, and of all funds arising from general taxes for the
support of schools.
SEC. 8. The proceeds from the sale of all lands that have been or hereafter
may be granted by the United States to the State for educational purposes,
and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, shall be and remain a perpetual fund,
the interest and income of which, together with the rents of all such lands
as may remain unsold, shall be inviolably appropriated and annually applied
to the specific objects of the original gift, grant or appropriation.
SEc. 9. All lands which have heretofore escheated, or which shall hereafter
escheat to the State, shall inure to the benefit of the primary school fund,
and be held and disposed of as primary school lands.
SEC. 10. All moneys belonging to the public derived from fines, penalties,
forfeitures or recognizances, imposed or taken in the several counties, cities or
townships for any breach of the penal laws of this State, shall be paid into the
county treasury and apportioned in the same manner as is the income of the
primary school fund, and paid over to the several cities and townships of the
county in which such money accrued, for the support of a library in each
township or city, or for the support of primary schools, as the township board
ofn taoin  ton}ship, or board of education or school board of any city, may determine.  But fines, penalties, forfeitures and recognizalices accruing from  the
violation of village or city ordinances, shall be paid into the treasury of the
village or city where the same are collected, and be applied as the board of
education or school board of such village or city may determine.
SEC. 11. Institutions for the benefit of  those inhabitants who  tre deaf,
dumb, blind or insane, shall always be fostered and supported.
NOTE.-The last clause of section 1 is new.  Section 2 embraces the subject matter of
sections 6, 7, and 8 of the corresponding article of the presenlt constitution.   The only controverted point was that relating to the power of the re  ents in the management of the
University and its funds.  In this, the amended section f(,llows the language of' the last sentence of section 8, above referred to.  Sections 4 antd 5 are new.  The insertion of the
word "general," )beforc "taxes," section 7, is regarded as noteworthy.  Section 10 correspoInds to present section 12, and as it is considerabl)ly clhang(cd(, the last nlamed section is
given entire, for convenience of coimparison, as follows:
"SEc. 12. The legislature shall also provide for the estahlishment of at least one library in each towNnship
and all fines assessed and collected in the several counties for any breach of the penal laws shall be exclusively
applied to the support of such libraries."
ARTICLE XIV.
FINANCE AND TAXATION.
SECTION 1. The Legislature may provide for the collection of specific taxes
from banking, railroad and plank road corporations, and may, in its discretion,
35 
AMENDED CONSTITUTION.
impose specific taxes upon other corporations, and upon any property or business within this State; but when a specific tax is imposed upon a corporation,
it shall only apply to such property of the corporation as shall be necessary
for the exercise of its corporate franchises.
SEc. 2. All specific State taxes received from corporations, except mining
companies of the upper peninsula, shall be applied in paying the interest upon
the primary school, University and other educational funds, and the interest
and principal of the State debt, in the order herein recited, until the extinguishment of the State debt other than the amounts due to educational
funds, when such specific taxes shall be added to and constitute a part of the
primary school interest fund.
SEC. 3. The  Legislature shall provide for an annual tax, sufficient, with
other resources, to pay the estimated expenses of the State government, the
interest of the State debt, and such deficiency as may occur in the resources.
SEC. 4. Every law hereafter enacted by the Legislature, creating a debt or
authorizing a loan, shall provide a sinking fund for the payment of the same.
SEC. 5. The unfunded debt shall not be funded or redeemed at a value
exceeding that established by law in the year one thousand eight hundred and
forty-eight.
SEC. 6. The State may contract debts to meet deficits in revenue. Such
debts shall not in the aggregate at any time exceed fifty thousand dollars.
The moneys so raised shall be applied to the purposes for which they were
obtained, or to the payment of the debts so contracted.
SEC. 7. The State may contract debts to repel invasion, suppress insurrection,
defend the State, or aid the United States in time of war. The money arising
from the contracting of such debts shall be applied to the purposes for which
it was raised, or to pay such debts.
SEC. 8. No money shall be paid out of the State treasury, except in pursuance of appropriations made by law. The Legislature shall provide by law
for barring all claims against the State, unless presented within a time to be
therein fixed.
SEC. 9. The State shall not aid, by gift, or pledge of. its credit, any person
or corporation, nor shall it subscribe to, or become interested in, the stock of
any corporation, nor assume any indebtedness of a municipal or [other] corporation. The provisions of this section shall not apply to educational, charitable,
reformatory, or penal institutions which are or may be under the care and control of the State.
SEC. 10. No scrip, certificate or other evidence of State indebtedness shall
be issued, except for the redemption of stock previously issued, or for such
debts as are expressly authorized by this constitution.
SEC. 11. The State shall not be a party to or be interested in any work of
internal improvement, except the ship canal at the Sault Ste. Marie, and the
Portage Lake and Lake Superior Ship Canal, nor engage in carrying on any
such work, otherwise than in the expenditure of grants to the State of land
or other property.
SEC. 12. The Legislature shall provide a uniform rule of taxation, except
on property or business paying specific taxes. Taxes shall be levied on all
property except such as may be exempted by law.
SEC. 13. All assessments hereafter authorized shall be on property at its cash
value.
SEC. 14. The Legislature shall provide for an equalization by a State board
36 
AMENDED CONSTITUTION.
in the year one thousand eight hundred and seventy-six, and every fifth
year thereafter, of assessments on all taxable property except that paying
specific taxes.
SEC. 15. Every law which imposes, continues or revives a tax, shall distinctly
state the tax, and the object to which it is to be applied; and it shall not be
sufficient to refer to any other law to fix such tax or object.
NOTE.-AIl of section 1 after the word " corporations " where it first occurs, all of section 4, and the last sentence of section 8 are new. Section 9 is substantially new, although
represented to some extent by sections 6 and 8 of present article XIV. The words "except
the ship canal at the Sault Ste. MIarie, and the Portage Lake and Lake Superior ship canal,"
in section 11, and the words "or business," in section 12, are new.  The clause relating to
the canals is made necessary by the construction of those works since the present constitution
was adopted.
ARTICLE XV.
EXE.[PTIONS.
SECTION 1. The personal property of every resident of this State, to consist
of such property only as shall be designated by law, shall be exempted to the
amount of not less than five hundred dollars, from sale ot execution or other
final process of any court, issued for the collection of any debt contracted
after the adoption of this constitution.
SEC. 2. Every homestead of not exceeding forty acres of land, and tllho
dwelling house thereon, and the appurtenances, to be selected by the owner
thereof, and not included in any town plat, city or village, or instead thereof
at the option of the owner, any lot in any city or village or recorded town
plat, or such parts of lots as shall be equal thereto, and the dwelling house
thereon and its appurtenances, owned  and occupied by any resident of the
State, not exceeding in value fifteen hundred dollars, shall be exempt from
forced sale on execution or any other final process from a court, for any
debt contracted after the adoption  of this constitution.  Such exemption
shall not extend to any mortgage thereon lawfully obtained, butt any mortgage
not given for the purchase money, and any other alienation of such land by the
owner thereof, if a married man, shall not be valid without the signature of
the wife to the same.
SEC. 3. If the owner of a homestead die, leaving a widow, child or children,
su(h homestead shall be exempt from the payment of his debts so long as the
widow shall be without other homestead of her own, and during the minority
of said child or children.
SEC. 4. The real and personal estate of every woman, acquired before marriage, and all property, real and personal, to whichl she may afterwards become
entitled, shall be and remain the estate and property of such woman, and shall
not be liable for the debts, obligations or engagements of her husband, and
may be held, controlled and disposed of bv her in the same manner and with
like effect as if she were unmarried. And the husband of any married woman
shall not be liable for or on account of any debt or obligation of his wife contracted before her marriage, or contracted by her in relation to her sole property after marriage.
NOTE.-This article stands as article XVI of the present constitution.  There are some
changes of arrangement and phraseology, but its essential features are unchanged. The,
last sentence of section 4 is new.
37 
AMIENDED CONSTITUTION.
ARTICLE XVI.
MILITIA.
SECTION 1. The militia shall be composed of all able-bodied male citizens
between the ages of eighteen and forty-five years, except such as are exempted
by the laws of the United States or of this State; but all such citizens of any
religious denomination  whatever, who from  scruples of conscience  nmay be
averse to bearing arms, shall be excused therefiom upon such conditions,as
shall be preseribed by law.
SEC. 2. The Legislature shall provide by law for organizing, equipping and
disciplining the militia, in such manner as it shlall deem expedient, not incompatible with the laws of the United States.
SEC. 3. Officers of the militia shall be elected or appointed, and be commissioned in such manner as may be provided by law.
NOTE.-TlThis article is uncliangecl.  It stand(s in the present constitution as article  XVII.
ARTICLE XVII.
MISCELLANEOUS PROVISIONS.
SECTION 1. MAembers of the Legislature, and all officers, executive and judicial,
shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm)
that I will support the constitution of the United States, and the constitution
of this State, and that I will faithfully dischlarge the duties of the office of
, according, to the best of my ability."
SEC.'2. Judicial and legislative proceedings shall be conducted, and the laws
and public records promulgated and preserved, in the English language.
SEC. 3. Public officers, receiving or having chlarge of public moneys, are proIlibited irom using or eimploying the same in any manner for their private use
or benefit; and whenever any public funds are loaned or deposited, the interest
or other consideration received therefor shlll be paid ovet to the general fund of
the State, county, municipality, corporation or boartd to which  such funds
belong.
SEC. 4. The Legislature may clauthorize the taking of private property for the
opening of private roads, for use in the improveme nt of navigable streams,
and for flowv.ge  ltwhen the public interests demand it.
SEC. 5. Before any private property shall be taken without the consent of
the owner, for pub)lic use (except for public highways not within any  city or
village), or for any purpose named in the last above section, the necessity for
ttkillg such property, anid  the compensation  to l)e paid therefor,  shall be
d,tcrminid 1)y a jury of friecholders of the vicinity, or by not 1ess than three
commissioners, freeholders as aforesaitl, appointed by a court of record, as may
be providled by law, and such compensation sihall be paid or tendered in such
manner as shall be prescribed bv law.
SEC. (i. The right of the public or of any individual to the free use of any
navigable stream, for any purpose for which such stream is capable of use,
without improvement, shall not be abridg,ed or obstructed by or under color
of any authority which may be given by law to any individual or corporation
to improve such stream and charge toll for the use of such improvement.
SE.c. 7. No navigable stream in this State shall be either bridged or dammed
38 
AMENDED CONSTITUTION.
without authority firom the board of supervisors of the proper county, under
the provisions of law.  No  such law shall prejudice the right of individuals
to the free navigation of such streams, or preclude the State from the fulrtller
improvement of the navigation of such streams.
SEC. S. An accurate statement of the receipts and expenditures of the public
moneys shall be attached to and published  with the laws, at every regular
session of the Legislature.
SEC. 9. No mechanical trade shall hereafter be taught to convicts  in the
State prison of this State, excepl)t the manufacture of those articles of wh-ich
the chief stlupply for home consumption is imported liolm  otl-er States or
countries.
SEC. 10. Any  woman al)ove hle age of twenty-one years, who shall be a
resident of this State, and of tile proper county, township, city, or watrd, and
who is a citizen of the United States, shall be eligible to the office of register of
deeds, notary public, offices connected with schools and libraries, alln to such
other offices as may be designated by law.
SEC. I 1. No lease or grant hlereafter ot agricultural land fcr a lonllger period
than twelve years, reserving any irent or service of any kind, shall be valid.
XOTE.-This article stands as article XVIII of present constitution.   Sections 3, 6. and
10, are new.   Section 5 is compounded fromt sections 2 and 14 of article XVIII, and section 15 of article XV, of present constitution.  Tlhat part of section  4 after tlhe words
"private roads," is new, the first part of thie section being taken from section 14 ot' article
XVII1. Section 15, article XVIII, of present constitution, plr)olhibiting a general revision
of thle laws, is omitted from the amended article.  Sections 7, 8, 9), 10, 11, 13, iand the first
clause of section 14, are transferred to the Bill of Righlts.
ARTICLE XVIII.
AMENDMENT AND REVISION OF TIIE CONSTITUTION.
SECTION 1. Any amendment or amendments  to this colnstitutiion mnty be
proposed in the Senate or House of Representatives.  If the same be agree(d
to by two-thirds of the members elected to each house, such amendimenit or
amendmenets  shall be  entered on their joiurnals respectively, with the  veal
and nays taken thereon, and the same shall be submitted to tile electors at snIcli
time as the Legislature shall prescribe.  And if a majority of the elect.)rs, qctl(lified to vote tor members of the Legislature, voting  on the amendment,r
amendments proposed, shall ratify and approve such amendment or amenll(1ients, the same shall become a part of the constitution, and take effect,t
the commencement of the year following its adoptiotn.
SEC. 2. At  any time after the first day of January, one  thousanld eight
hundred and eighty-five, the Legislature may provide for a convention to be
chosen lby the qualitied electors of the State, or for a commission to be appointed
by the Gov-erno, by and with the advice and consent of the Senate ah(l Houlse
of RIepresentatives in joint convention, to revise or amend  this constitution.
Such  revised or amended  constitution shall  be slubmnitted  to  the electors(utalified to vote for members of the Legisl.aturte, ct suchi time and in such
manner as said convention or commission may provide.   If a majority of'
the electors voting on such revised or amended constitution shall decide in
favor thereof, the same shall take effect at tlhe commencement of the yeClI
following its adoption.
NOTE.-This article stands in the present constitution as article XX.  The only essential
chasnge in the first section is the one providing that amendments mnay be submitted "at stuchl
31,,4 
AMENDED CONSTITUTION.
timne as the legislature shall prescribe," instead of at the "next general election."  Section 2
is so far changed that the corresponding section of the present constitution is appended
entire, for convenience of comparison, as follows:
" SEC. 2. At the general election to be held in the year one thousand eight hundred and sixty-six, and in
each sixteenth year thereafter, and also at such other times as the legislature may by law provide, the question of the general revision of the constitution shall be submitted to the electors qualified to vote for members of the legislature: and in case a majority of the electors so qualified voting at such election, shall decide
in favor of a convention for such purpose, the legislature at the next session shall provide by law for the
election of delegates to such convention. All the amendments shall take effect at the commencement of
the year after their adoption."
SCHEDULE.
That no inconvenience may arise from the changes in the constitution of
this State, and in order to carry the same into operation, it is herebv declared:
SECTION 1. The common law, and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their
own limitation, or are altered or repealed by the Legislature.
SE('. 2. All writs, actions, causes of action, prosecutions and rights of
individuals and of bodies corporate, and of the State, and all charters of incorporation, shall continue; and all indictments and informations which shall
have been found or filed, or which may hereafter be found or filed, for any
crime or offense committed before the adoption of this constitution, may
be  proceeded  upon as if no  change had taken place.  The several courts,
except as herein otherwise provided, shall continue with the like powers and
jurisdiction, bothl at law and in equity, as if this constitution had not been
adopted, and until the organization of the judicial department  under this constitution.
SEC. 3. All fines, penalties, forfeitures and esclheats accruing to the State
under the present constitution and laws, shall accrue to the use of the State
under this constitution.
SEC. 4. All recognizances, bonds, obligations, and  all other  instruments
entered into or executed before the adoption of this constitution, to the people
of this State, or to any county or township, or to any public officer or public
body, or which may be entered into or executed under existing laws, to the
people of this State or to any such officer or public bodv, before the complete
organization of the departments of government under this constitution, shall
remain binding and valid, and rights and liabilities upon the same shall continue, and may be prosecuted as providled by law. And all crimes and misdemeanors, and penal actions, shall be prosecuted, tried and punished as
though no change had taken place, until otherwise provided by law.
SEC. 5. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this
constitution.
SEC. 6. It shall be the duty of the Legislature, at its first session after the
adoption of this constitution, to adapt the present laws to the provisions of
this constitution.
SEC. 7. Any territory attached, or that may be attached, to any county for
judicial purposes, if not otherwise represented, shall be considered as forming
a part of such county, so far as regards elections for the purpose of representation.
SEC. 8. The terms of office of all State and county officers, of the circuit
judges, members of the Board of Education, and members of the Legislature,
shall begin on the first day of January next succeeding their election.
40 
AMENDED CONSTITUTION.
Aied be it further resolved, That said  constitutional amendments shall
be submitted to the people of this State at the next general election,
to be held on the Tuesday succeeding the first Monday in November,
in the year eighteen hundred and seventy-four; and the Secretary of
State is hereby required to give notice of the same to the sheriffs of the
several counties  ill this State,  in  the  same  manner  that  he is  how
required to do ill case of an election of Governor or Lieutenant Governor; and
the inspectors of election in the several townships and cities in this State,
shall prepare a suitable box for the reception of ballots, cast for or against
said amendments.  Each  person voting for said  amendments to the  constitutionI of this State, shall have written or printed, or partly written and
partly printed, on his ballot, the words " Constitutional Amendments,-Yes;"
and each person voting against them shall have on his ballot, in like manner,
the words  "Constituttioual Amendments,-No."   The ballots shall in all
respects be canvassed and returns made as in election of Governor and Lieutenant Governor.  In case a majority of the votes cast at said election, as
above provided, shall have on them the words "Constitutional Amendments,
-Yes," then the foregoing preamble, articles and sections, and each and all of
them, shall stand as the Constitution of the State of Michigan, from and after
the first day of January, eighteen hundred and seventy-five, and each  and
every other pre-existing provision of the Constitution of the State of Michigan
shall be superseded thereby, and be absolutely null and of no effect.
Approved March 26, 1874.
NOTE.-Sections 1, 2, 3, 4, 6, 13 and 15, of the schedule of the present constitution, are
reproduced with some verbal changes, as the first seven sections of the schedule to the
amended constitution. The remaining sections are omitted as inapplicable, although the
provisions of section 8 are found in portions of omitted sections.
JOINT  RESOLUTION  proposing an amendment  to section one of article
seven of the Constitution, in relation to the qualification of electors.
Resolved by thle Senate (fcd [flose of Repl)eseitatlives of the AState of iMichigan, That at the election when the amended constitution shall be submitted
to the electors of this State for adoption or rejection, there shall be submitted
to such electors the following propositions, to be substituted. in case of adoption, for so much of section 1 of article VII as precedes the proviso therein,
in the present constitution of this State as it now stands, and substituted for
section 1, article VII, in said amended  constitution, if the latter is adopted,
to wit:
SECTION 1. In all elections, every person of the age of  twenty-one years
who shall have resided in this State three months, and in the towvnshlip or
ward in which hlie or she offers to vote, tenl days next preceding an election,
belonging to either of the following classes, shall be an elector and entitled to
vote:
r)
41 
AMENDED CONSTITUTION.
First, Every citizen of the United States;
Second, Everv inhabitant of this State who shall have resided ill the United
States two years alnd six monthls, and declared his or her intention to become a
citizen of the United States, pursuant to the laws thereof, six months preceding an election;
Third, Every inhabitant residing in this State on the twenty-fourthi day of
June, one thousand eight hundred and thirty-five.
Said proposition shall be separately submitted to the electors of this State,
for their adoption or rejection, in form following, to wit: A separate ballot
may be given by every person having the right to vote, to be deposited in a
separate box.
Upon  the ballots given for said proposition shall be written or printed, or
partly written and partly printed, the words "Woman  suffrage, —Yes;"  and
upon the ballots given against the adoption thereof, in like manner, the words
"Woman suffrage, —N o."
If, at said election, a majority of thle votes given upon said propositionll shall
contain the words " Woman suffrage,-Yes," then said proposition shall be
substituted for so mliuch of section 1 of article VII as precedes the proviso
therein in the presenit constitution of this State as it now stands, or substituted for section 1 of article VII in said amended constitution, if the latter is
adopted.
Approved elarceh 23, 1874.
42 
I N f) E,.X
AME- -ND ED7)     CON STI I'UTI ON
-A.
S,EC.   PA o(l.
1,'  4        384
1 1       89
21 1 5
1 9       1 9
8 39
1 1       2i
1 6       1 5
5'.      1 4
1     27-$s
1   2'i
]        2'i9
1   21
10   29
A 21
Accused ofersons rights  or, sec. 11, 1:3, 14...       -------
Adjourn, iteither house shail, for more than three days.. —----------------------    iv    12. 1.
Agricultural College, Board of Control of —--—....................................8
land, lease of, for more than 12 years, prohibited -------------------------
Aliens, property rights of,. same as citizens --------------------------------------------
Amendment of laws, provisions relating to -------------------------------------------
Amendment  s to constitulion, may be proposed by Legislature-who,, and how sub      mitted-wben to take eflect ------------------------------------------------------
Appeal, from stpervisor.- and auditors, prohibited ------------------------—. —-------
Applications for pardoin, Legislatuie mav provide as to manner of beariig-.....Approval of bills and resolutions ---------------------------------------------------— 1
Arms, right of persons to bear ---------------------------------------------------------
Assessments, to b on property at its cash value ----------------------------------— x —
Assessmens,  to be oa~ntproert   ail —-----------------------------------------------------------
A~ylums, to be maintained...............................
Attainder. bill of, not to be passed -—. —-----------------------------------------------
Attorney General, salary of-to reside at capital ---------------------------------------
when and how chosen, term of office --------------------------------
to keep office at seat of government ---------------------------------
Auditor General, salary of-to reside at capital ----------------------------------------
when and how chosen, term of office ---------------------------------
to keep office at seat of government ---------------------------------
Auditors, Board of County, to adjust claims against county —--—. —---------      -..x.10. 29
" State Board of, who to be-.............................................i..4..
1 5
2 6
81
81
81
81
1 9
'29
'29
29
a
"29
2 8
29
'29
29
'29
16t
184
a851
Bail, excessive, prohibited ------------------------------------------------------------
Ballot, elections to be by --------------------------------------------------------------
Banking law, authorizing banks of issue, to be submitted to people ------------------
"1     "  Legislature may alter or amend ------------------------------------------
Bank notes, to be secured by public stocks ---------------------------------—. —-- -- --
",  "1   registry of —......................................................x..4. 3
Bill-holders, preferred creditors in case of insolvent bank —. —-..................
Bills and resolutions to be read three ti   --------------------------------—.
Board of County Auditors, appeals from, prohibid —-0
" "1  "1    "1           to adjust claims against county                                      ---------------------------
Board of Regents-see Regents of University.
Board of nuper,viors, appeals fiom, prohibited ---------------------------------------
"authority of. as to navigable treams...
may unite offices of clerk and register-x  5.29
...... may raise money for buildin, repairs, etc. —-------------------
...... powers of, relative to highways, bridges, and organizing town      ships -----------------------------------------------------------------------------
Board of Supervisor-, representation of cities and villages in-.........................
to adjust claims against 1o0t...
to consist    or ine.rom each townshil) -------—. —--------------
...... to divide ctiitities into representative districts                          -----------------
Boundaries of State —. —--------------------------
Busines,. specific, taxatto-n ot                                                                         -------------------------------—. —---------------
13
2
2
4
4
1S
10
I (I,
7
5
8
LI
C.
Canvassers, State Board of, wio to be ---------------------------------------------- i        4
Census of State —---- ---—.... —-- ---- --—. —------------------—.-. —-. —---             87. 21
Chaplain, Legislature may authorize for State Prison —-----.... —.-.-. —----— iv           24      2
(Iharter of existing conl)orations not to be renewed or extended -----------------------
('harters of incorporation to coninue ----------------------------------------------—..
Chief Justice, to preside at impeachment of Governor or lieut. Governor ------------
-,    of' Stipreme Cotirt, wvho to le -------------------------- -...........vi.2....
,to 11,Bu
A iii,.
i i
i v
xiii
x%,ii
ii
i v
xviii
x
v
iy
I I
y
Xlii
II
V!I!
"ii).
V!!!
Vill
viii-X
]R.
ii
vii
xi
xi
xi
xi
xi
iv
x
.x
xvii
xx
r
x
x
x
i
11 i N'I
viii 4 2 -1
i ,        87 21
iv 24 20
xi 1                         8 (.'I
Se,ii(d. 2 40
xii 2
VI 2 214 
INDEX.
SEC.
11
7
2
8
8
7
5
1
6
6
16
1T
15
14
S
1
14
4
11
5
4
2
13
1
4
1,
19
1
11
20
10
17
15
16
10
1
17
13
1
1
7
9
16
1
1
19
1
19
14
21
5
12
13
1
2
5
2
9
1
Circuit Coutrt, C(,lerk of, whl) to be...... —------------------------------------------------- vl
jurdge of other cirtcuit may hold..... ----------------------------------------    i
", ", " Su)irc(ile Court may hold...... —-----—. --------------------------—. vi
"  appellate jurisdiction of, limited........ —------------------------------------—. vi
"   general juritdiction of......................... —------------------------------------------------ vi
terms of.................... —-------------------—. —------------------------------------- vi
Circuit Court Conmmissioners, wvhen and how chosen, term of office.                       x       
judges, salary of................................. ix
to be elected, termi of office —---------------------------------------—. vi
C'ircuits, judicial, number of ---------------------------------------------------------—.    vi
Cities and villages, certain) oflicer.s of, to be elt-,cted ------------------------------------  x
"  "    charters of, may be amended -------------------------------------—.  x
~ "    "    limitation of' aigregate indebtedness of.. —-------------------------  x
"    "  "  ~I)o%es of, as to-    taxation, etc., to be restricted —----------------—.  x
"  ";  " ~replesentatioin of, on Board of Supervisors. —----------------------   x
'   "'"  restrictions upon, as to loaning credit, etc. —----------------------- x
~ "    "    t~o oe incorporated only by general law —-. —.......... x
City, with 20,t)00 inhabitants, mar be separate county. —-------------------------------   x
Clerk of Circuit ('otrt, who  to be —--------------------------------------------------         11 vi
Clerksof Su)reune *oulrt, to be app)ointed.. —----- ----------------------------------- vi
Commander-in-Chief, Governor to  e ----------------------------------------------—. v
Commissio   n to revise constitution, wvheli  may be authorized..-........... xviii
Commissioner of Highways, wvhen and h)ow chosen, term of office... —----------------    x
Commnissioner of State Land Office, salary of-to reside at capital.. —------------------    ix
"       "'                 0 "   to be member of Board of State Auditors  and
State (anassers ------------------------------------------------------------- viii          4
Commission er of State Land Office, when and loov cboscn, term of office of, to keel)
office at seat of go erineint.. —..................... viii
Comnmissions, to isstue in name of peoplc. —-------------------------------------------  v
Common lav, to remain in force -----------------------------------------------------—.   Schcd.
Comniutations, Governor may grant.. —------------------------------------------  x           2
Compensation, extra, not to bc gianted... —------------------------------------------— iv
iof conlty auditors, to be prescribed by lawv...... —--------------------------   x
" Lieut. Governor when acting as Governor. —-------------------------   v
'     " "members of Lerislature —---..........iv
;     " President of Senate and Speaker of Ilouse.............iv
"   "Supervisors, to be prescribed by lawv..... —------------------------------ x
Corporation), charter of no existinc, to bc renewed or extended.i.........1                            30
" definitioII o. _._.............................xi..._.__.__.__.. Xl
" every, to maintain office in State.....- ---------------------------------- xi
Corporntion., foreign, p)rovisionas relating, to                                                      x3..i
feneral, acts of may be altered or repealed -----------------—. —-------- xi
iabilitl of stockhold(lets in, for labor... xi
limitation of igrfht of, to hiolti real estate... —------------------------------ xi
limited to 30 years, except, etc.... —---------------------------------------  xi
municipal not to loan credlit, etc...... —--------------- ---------------------- x
other than municipl)al, to be created only by general laws              --                   ------ xi
property of, may be taken for public use.. —--------------------------    xi
specific taxes may be irmposed on..................................... xiv
subject to police tpower of State. —-------------------------------------- xi
Concurrent resolutiton, appropriating money or propert.. -----------------------------— iv
Contiacts, for printin and supplies for State...                                         iv
" law not to be passed itnairilr obliratioit of... —------------------------------ ii
Consolidation of parallel railroad lines prohibited.. —---------------------------------- xi
Coristables, b-her and how chosen, term of offilice........... —------------------------------------  x
Constitution, amendment o1., —------------ _ —--------------—. XViii
'       revision of                         --                       -          -------------------—. —-------------------------------—..  - xviii
Contested election, for State officers, to be determined by Legislature           -      Viii    l
Conv.etnton, t   o r evise constitution, when miay be —._.................... xviii
Coin cts, teachiing of trades to, in State Prison, prohibited ---------------------------- xvii
Counlties, restriction upoi, as to loaning credit, etce. — --------------- x
Coiunty Aiuditots, Board of, to adjust claims against county ---------------------------- x
"  coipeis-atioti of, to be prescribed by lawv ----------------------------  x
C'otrilr, city with 2(,I)01)0 inhabitants niay be. —----------------------------------------  x
clerk and reaister, oflices of, may be iiited. —--------------------------------- x
to hold office at cotonty set. —-------------------------------------------  x
" "acancy- in office of, how fillcd. ——................ vi
"    whel ad how chosen, term- of office ----------------------------------—.  x
division,s of, in Senate districts, p)roliibited, unless --------------------------—. iv
"each organized, to be body corporate, power of as to taxation, etc., to be re      stricted.. —--------------------------------—.    x
may be orm'anized tfrom islands. —---------------------------------------------- x
not to be ieduced to less than sixtee  tonv is, unl ess, etc. —--------------------  x
officers, certain, to hold office at county seat ---------------------------------- x
"  when aand hov cblosen, term of office of ------------------------------- x
seat, once estal)liled, hoo removed. —---------------------------------------- x
"     Treasurer, to holdoi office at county seat,       _.__ —----------- -__- -..    x
";   -'*       b-henr and how chosen, term of office.. —----------------------------- x
Court of Probate-see Probate Courts.
"   S;upreme-sce Stlupreme Court.
Court.,- additional. may le estabriisbl........................v 1i
"    existintg, co ntilnued................................................ vi
"    of recoid, that to be......................................................... vi
Criies ntd iisdem-eaors, u-affetei by adoi ig new     constitution   __.._..___..__.Sched.
Crinintal prosecutior, rights of tper-ons accirsetd....................... ----------  __._  ii
Cross-examination, of lpersonis Vni trial, rclative to stattement..........................  ii
PAGE.
25
24
24
25
25
24
29
27
24
24
30
80
30
30
29
28
30
29
25
24
22
39
2iD
27-8
2T
27
23
40
22
19
29
23
1&
1S
29
30
32
32
30
30
81
32
28
30
32
35
32
18
19
14
'31
29
39
39
1,
39
39
28
29
29
29
29
29
25
29
16
2S
29
28
29
29
29
29
29
44
10
lO
4
5
5
11
5
2
2
4
4
6
r)
9
5
1 2:3
1         23
14         25
4        40
S         15
14          15 
INDEX.
D.
ART.  SEC.  PAGE.
Duel, inhabitant engaging in, disqualified from, etc................................... vii  8   27
Decision of Supreme Court-see Supreme Court.
Debt, imprisonment for, prohibited, except, etc....................................... —---------------------------------- ii 15 15
Educational boards, vacancies in, how filled.... —------------------------------------ xiii  5
" grants, of land or property, to be inviolable. —------------------------- xiii   8
Election, person engaging in duel disqualified from voting at. —--------------------- vii  8
Elections, all, to be by ballot, except, etc.. —-------------------------------------- vii  3
laws may be passed to preserve purity of... —------------------------------ vii  6
"    persons attending, privileged from arrest. —------------------------------ vii  4
"    townships may hold, in cities ----------------------------------------— vii  2
Elective franchise, laws to prevent abuse of ---------------------------------------- vii  6
~"  "     secured to persons in military and naval service. —------------------ vii  2
'"   "    who entitled to exercise ---------------------------------------- vii    1
Elector, when not to gain or lose residence.. —-------------------------------------- vii  5
Electors, privileges of, from arrest. —--------------------------------------------- vii  4
"       "      " relative to court and military duty --------------------------- vii    4
Eminent domain, right of, not to be abridged. —------------------------------------ xi    19
English language, instruction in schools to be in. —-------------------------------- xiii  6
..'    proceedings and records to be in --------------------------------- xvii       2
Enumeration of inhabitants. —-------------------------------------------------- - iv    37
Equalization State Board of. —------------------------------------------------- -     - xiv    14
Escheats, of lands, to be held as primary school lands. —---------------------------- xiii  9
Executive power, where vested -—... --------------------------------------------— v     1
Exemption of certain persons from military duty... —------------------------------- vi  1
" homestead... —--------------------------------------------------- xv   2-3
" personal property from forced sales..... —------------------------------- xv        1
"  property from taxation..................... xiv    12
Ex post facto law, not to be passed....................... ii        5
Extra compensation, prohibited --------------------------------------------------- iv   20
Extra session of Legislature, Governor may call....................................... v  7
Fees or perquisites to State officers, prohibited.... —--------------------------------— ix          l I
Fictitious issue of stocks or bonds, prohibited........................................ —----------------------------------- xi 8
Fines, excessive, prohibited... —-------- ------------------------------------------ ii    18
Fines and penalties, moneys derived from, to be devoted to educational purposes        -      - xiii    10
1" " " to be unaffected by adopting new constitution.................... —-------------- Sched.   8
Flowage, private property may be taken for.........................    xvii      4
Foreign corporations, provisions relating to.... —------------------------------------ xi  10
G.
Government, division of powers of........ —------------------------------------------—. iii    1
"      instituted for people...... —--------------------------------------------- ii  1 
Governor, approval of bills and resolutions by..... —----------------------------------- iv   14
canvass of votes for.. —------------------------------------------------ viii  4
certain powers and duties of (see sections 5 to 11) —------------------------  v    -
". "    persons   ineligible  to  execute  office  of...............................  v  15
duty of, relative to reprieves, pardons, etc.................................. v    11
eligibility to office of.. —------------------------------------------------ v  2  2
ineligible to office or appointment from Legislature... —--------------------— v   16
may make provisional appointment in case of suspension.................. —---------------- ii  9
may suspend certain officers                                           x................................................ ii   7T
"  veto specific items of appropriation bills... —--------------------------- v    20
official acts of, to be authenticated by great seal.. —-------------------------- v    18
salary of.......... —-------------------------------------------------------—. ix  1
term of office, when and how chosen..................               v   1-3
"    to be Commander-in-chief.... —-------------------------------------------- v  4
" to fill vacancies in educational boards. —-------------------------------- xiii    5
"    to remove judge on resolution of Legislature.. —--------------------------- xii   5
who to be, in case of vacancy.... —--------------------------------------—.  v 12-13
Grants for educational purposes to be inviolable. —-------------------------------- xiii  S
Great seal, custody of....................... —------------------------------------------------------—.....  v    18
II.
Habeas corpus. not to be suspended, unless, etc. ----------------------------------— ii    6 
Homstead, exemption of' —------------------------------------------------------ xv   2-3
House, each, of Legislature, certain powers of ------------------------------------- iv    9
". "  "       ". to keep journal.... —-------------------------------------- iv   10
House of Representatives, may be convened to direct impeachment.-. ——.... —------   xii  8
1"    "     "        number of members of... —-------------------------------- iv  3
1"    "     "        to appoint committee to try impeachment. —--------------- xii   83
1"   "      "        to have sole power of impeachment........................ —-------------------- xii    1 
Husband, not liable for certain debts of wife -----------------—. —---------------—........................................ xv 4
I.
Impeaching civil officers, House of Representatives to have sole power of............ xii      1
Impeachment, House of Representatives shall appoint committee to try..............    xii      3
" judgment in case of.................................................... xii            2
45
]P-.
85
35
2T
26
2T
26
26
2T
26
26
2T
26
26
32
35
33
21
36
35
22
33
3T
3T
36
1 4
19
22
IF.
27
31
15
35
40
88
31
16
14
is
2T
22
23
22
22
23
34
33
23
23
2'
22
22
3,'3
35
35
23
23
14
3T
1T
17
34
16
38
33
3T
83
83
28 
INDEX.
SEC.   PAGE.
8        34
S       34
8       33
2        3S
8        34
2       33
4       8
1        33
2        38
4      3:3
2       83
9       34
15       lb
2       40
5      31
6       35
3       3S
11       36
4       29
Impeachment, Governor may convene IHouse for purpose of..........................  x. xii
"        "     "      "   Senate to try....................  xii
"   may be tried after adjournment of Legislature ------------------------- x       ii
members of Senate to be sworn on trial of. —--------------------------- xii
of Governor during recess of Legislature, how directed.8 —---- xii
"     "    "     or Lieut. Governor, Chief Justice to preside          --                 --—. xii
"   suspension from office during pendency of... —--------------------------- xii
"   to be directed by House of Representatives. —-------------------------- xii
" to be tried by Senate...... —--------------------------------------------------- xii
to be tried within three months...... —-------------------------------------- xii
"   two.thirds of Senate necessary to convict on..... —----------------------—....  xii
"   vacancies occasioned by, may be filled provisionally..-..    --                    ----- xii
Imprisonment for debt prohibited, except, etc....................1. ii
Indictments and informations unaffected by new constitution ---------------------- Sched.
Insolvency of banks, bill-holders to have preference in payment.. —-------------------- xi
Instruction in schools to be in English language... —--------------------------------- xiii
Interest received on public moneys, how appropriated —.-................ xvii
Internal improvement, State not to be party to, except, etc. -------------------------- xiv
Islands, may be formed into separate county......... —-------------------------------------- x
J.
Joint resolution, to be approved by Governor.... —-------------------------------------  iv
Judge, may be removed on resolution of Legislature --------------------------—.   xii
"   of Probate to hold office at county seat... —-------------------------------------  x
provision may be made for suspension of... —---------------------------------- xii
Judges and justices to be conservators of the peace.... —--------------------------------  vi
ineligible to other than judicial office........................  vi
of Circuit Court may hold court for each other, and in case of vacancy. -           -      - vi
"   "Probate, election of, term of office ------------------------------------------- vi
"   "SuDreme Court may hold circuit courts.24 —--------------- vi
~"   "   "  "  term of office of —-----------------------------------------—. vi
"   "   "    -'  to be elected and classified --------------------------------—. vi
Judicial circuits, number of, when may be increased ---------------------------------—. vi
officer, vacation of office of, by removal —----------------------------------—..  vi
power, where vested                                 --                                      --------------------------- vi
"    proceedings to be in English language ---------------------------------------- xvii
Jury, right of trial by, to remain.                       ii
trial by, powers of Legislature relative to —------------------------------------—. ii
"    when deemed to be waived.....................ii
Justices of the peace, election of, term of office............. —-----.. VI
...."' " jurisdiction of-....................... vi
Il.
Land, agricultural, lease or grant of, for more than twelve years prohibited. —-------- xvii    11
Lansing, seat of government to remain at................i                           2
Law, imposing tax, to state object of ——'_.................. xiv                             15
Laws and decisions to be free for publication ---------------------------------------- iv    30
"  in force to be unaffected by new constitution.. —----------------------------- Sched.  1
Lease of agricultural land, for more than 12 years, prohibited.. —---------------------- xvii  11
Legislation, local and special, prohibited in certain cases................. iv   *22
Legislative proceedings to be in English language.. —-------------- --------------------- xvii  2
1Legislature, duty of, in determining elections of State officers ------------------------ viii  5
extra session of, may be called —------------------------------------------ v      7
final adjournment of............................. iv   28
" may alter or amend banking law................................. —--------------------------------------—. xi 2
"   "  authorize employment of chaplain for State Prisoniv    24
" be convened at some other place when, etc.............................. v   9
"'  confer certain powers on municipalities... —---------------------------- iv  3
declare and provide for filling vacancies in offices ---------—. -   -- iv   31
direct removal of judge.... —-------------------------------------------- xii    5
"  "  impose specific taxes on property or business. —---------------------- xi v       I
" pass laws regulating railroads... —------------------------------------ xi     11
" provide for collection of specific taxes -------------------------------- xiv    1
"  "'" "convention or coInmis,ion to revise constitution             -         -      - - xviii   2
"   "suspension of judges.. —----------------------------------- xii  5
""regutlate tolls on canals. —----------------------------------------- xi        11
members ol, ineligible to certain appointments —----------------------—.  iv    17
~"  "'" no    t to be interested in t)ublic contracts -..........iv 17-o1
~"   "    " to take oath or affirmation.... —--------------------------------- xvii  1
"  power of, relative to convictions for treason................v    11
shall provide for publication of laws...............iv.   30
"    "    "    " registry of bank notes ---------------------------------- xi    4
"  time and place of meeting......... —---------------------------------------------- iv    2T
to adapt laws to niew constitution-....................   Sched.       6
"apportion Senators and Representatives -----------------------------—. iv   4
provide for annual tax -. --—.-. —-------------------------------------— 3
"  barring claims against State. —----------------------------- xiv    8
~~" "    "    "organizing militia. —---------------------------------------- xvi  2
" "    " State Board of Equalization.. —----------------------------  xiv    14
" " " system of primary schools................... xiii   6
" " " uniform rule of taxation..... —--------------------------------—. xiv    12
"  vacancies in. Governor shall issue writs to fill................ v    10
Libel, prosecutions for, truth may be given in evidence -----------------------------—. ii        4
Liberty of speech and of press guaranteed..............................................  ii       4
46
14 is
5 33
6 29
5 33
17 25
12 25
7 24
13 25
2 24
2 24
2 24
6 24
9 25
1 23
I? 3s
1 14
7 14
7 14
15 25
16 25
3.9
14
37
20
40
39
19
3s
27
22
20
31
20
22
20
20
33
35
31
z
39
33,
31
is
19
38
22'
201
31
20
40,
17
36
36
38
36
35
36
22
1414 
INDEX.
ART.   S Ec.   PAGE.
iv     836        21
viii     4          2T
v     17        28
v     1T         23
v       2        22
v      16        23'
v    1  1        22
v 14 23
iv      32       20
iv      22        19
iv    38          20
Library-see fines and penalties.
License for sale of liquor, Legislature shall not authorize............................. — 
Lieutenant Governor, canvass of votes for.. —--------------------------------------- -
"  compensation of, as President of Senate —--------------------- 
~~~~1"  "      "        "  when acting as Governor —-----------------—.
' "    "    eligibility of —---------------------------------------------- --    --
"  ineligible to office or appointment from Legislature —----------   
term of office, when and how chosen —-----------------------—.
~"   "   ~to be President of Senate —----------------------------------- -
Local p)owers, Legislature nmay confer upon municipalities —-------------------------—.
Local legislation, prohibited ir certain cases —--—...............2.
Lottery, prohibited..... —-------------------------------------------------------------
or.
Marine, not to be deemed resident in consequence, etc. —----------------------------- -
Mfarried woman, property rights of —----------------------------------------------              4 —Mechanical trade, teachiiin of, in State Prison prohibited —-------------------------—.
Military, subordinate to civil power —---------------------------------------------- ---
Militia, all able bodied male citizens to compose —----------------------------------—.
Legislature shall provide for organizing —-----------------------------------             2 —
officers of, how chosen —---------------------------------------------- - -       -- ---
who may be exempted from service in —------------------------------------—.
Misfeasance, officers guilty of, may be suspended —-—.................
Money, public, not to be appropriated to religious societies-...........v                   3
"'   t o-thirds vote requisite to appropriate for private purposes —-----—..
Moneys, "   i      nterest on, how appropriated —------------------------------------- - -.
Municipal corporations, restrictions upon, as to loaning credit, etc. —------------------
Municipalities, boundaries of, in relation to legislative districts —---------------------  
W.
Navigable streams, not to be bridged or dammed, except, etc. —----------------------- -
1"      "    private property for improvement of —---------------------------— i
1"      "    rig,ht to use, not to be abridged —--------------------------------            6.
Navigation of streams, free right of —-------------------------------------------- -..38
New bill, introduction of, prohibited after fifty days, except —------------------------ 
Notary public, women eligible to hold office of -------------------------------------- - -
O).
Oath, of public officers, form of. —-------------------------------.. —----------— xvii  1
Officers, executive and judicial to take oath or affirmnation --------------------------- xvii
" not removed by new constitution ---------------------------------------- Schee.
"   teirms of, when to begin. —---------------------------------------------- Sched.
Overseer of hi,ghways, when and how chosen i —--------------------------------------     1 x
Pardons, Governor may grait ---------------------------------------------------------
Lecislature may provide as to manner of hearing applications for —----------          
People, all political power inherent in —-------------------------------------------- --         -
right of, to assemble —-----------------------------------------------------               19.
Power, executive, where vested...................... —....................v...2
judicial      "                                                                              1.
"   legislati-e,  "   " —------------------------------------------------------ 
political, inherent in people —-------------------------—........... 1
Powers of goverumenrt, division of -------------------------
President of Senate, Lieutenant Governor to be-................v                                  1        2
"    "  "pro tempore, when to act as Governor ----------------------------
"      "Univ ersity, to be member, ex officio, of Board of Regents —--------------   
Probate courts, jurisdiction of —------------------------------------------------- i...2
"    other jurisdiction may be conferred upon_.___..........  _                          25__
"    "  to be courts of record-.......................1
Priting and binding to be let by contract, —--------------—. — 
Private claim or account, Legislature shall not allow —------------------------------—.
property, manner of taking for public use —--------------------------------—.
,   "    may be taken for private roads ------------------------------------—.
Process, judicial, style of —----------------------------------------------------------—.
iProperty, private, compensation foi, for public use —--------------------------------—.
"  "    taking of, for public use --------------------------------------------
Proseculing attorney, vacancy inll office of, hownv filled —--------------------------------
.. "             swhen and hov chosen, term of office —-------------------------
Protest, member of either House of Legislature may —--—..............
Public act, when to take effect —----------------------------------------------------—.
"   officers not to use public funds.........................
money or property not to be approp)riated to religious societies.......
moneys, defaulting holders of, ineligible to office............v                         2        2
"   interest received on, how appropriated       -        -          -         v —--------------
"   records to be in English language ----------------------------------------------
Punishments, cruel and unusual, prohibited —------------------------------------
I 11
11
1
1
1
1
1
14
13
2
13
13
14
21
26el
5
4
18
22
4-5
11
.,9
I.'
25
3
2
183
Quorum, what to constitute, in Legislature............................................ 
47
vii
xvii
ii
xvi
xvi
xvi
xvi
xii
iv
iv
xvii
x
iv
7 2 t'
4 3T
9 39
1T       15
1 38
2 38
3 38
1       38
7 33
34 20
35 21
3 3S
1 28
4 1T
xvii      7       33
xvii 4 38
xvii 6            38
xvii      7       38
iv 13 18
xvii    10 39
1
1
5
1 3
88
38
40
40
29
-P.
22
22
14
15
22
23
16
14
16
23
23
34
25
25
25
19
20
38
38
25
15
38
25
29
16
19
38
20
20
88
38
115
v
y
11
v
vi
iv
ii
iii
v
.Y
xii!
VI
vi
vi
iv
iv
-xvil
xvii
vi
ii
xvii
vi
x
!v
iy
xll
. iv
y
xvi!
Zvi]
ii
q
iv      8
17 
INDEX.
Railroad -ompanies to be common carriers —------------------------------------------ xi 18
~ trains, speed of, may be regulated -------------------------------------------- -x  11
Railroads, unequal discrimination by, prohibited -------------------------------------- xi 11
consolidation of, in certain cases, how may be ----------------------------- xi 12
"1   "1 "with parallel lines, prohibited ---------------------------- xi 12
officers of, prohibited from contracting with ------------------------------- xi 14
right of, to intersect and cross other roads-................ —--------- -... xis18
I I to construct and operate within the State --------------------------—.. xi 
to transport passengers and cars of intersecting roads         ---                   ------— 18  82
"declaredf public highways -------------------------------------------------- xi is
restrictive provisions relating to ------------------------- ----------------- x12
Ratio of Representation, when one-third of, entitles to Represeutative —- - ----- iv    3
Receipts and expenditures, statement of, to be published —--—........................ xvii  8
Recognizances, bonds, etc., to remain binding and valid ------------------------------ Sched.  4
Reform School, Board of' Control of --------------------------------------------------- xiii  4
Register of deeds and clerk, offices of, may be united --------------------------------- x  5
to hold office at county seat ----------------------------------------- x  6
when and how chosen, term of office -. —- -------------------------- x   5
women eligible to office of ------------------------------------------ xvii    10
Regents of University to constitute body co rprOrate-............xiit          2      34
elect President of University -------------------------------- xiii  2
have general supervision of University ---------------------- xiii  2
"'       "          "when and how chosen, term of office -------------------------- xiii  2
who to be, ex offcio -------------------------------------------- xiii  2
Religion, persons not compelled to contribute to support of-............... ii    2
Religious belief, civil rights of persons not affected by -------------------------------- ii    3
Removal of judge on resolution of Legislature ---------------------------------------- xii  5
judicial officer, a vacation of office ---------------------------------------- vi    9
" "municipal and school officers-...............................................xii 6
Reporter of Supreme Court may be appointed. —--------------------------------------- -i    5
Representativ-e district, county having one-third ol a ratio to be       --                    -------------------- i1v 
districts, duties of Board of Supervisors in relation to      --                 -------------- iv  3
Reprosentatives to be chosen by single districts -------------------------—. —---------.8 iv 
when to be elected —......................................... iv   29
Repriev es, Governor may grant. —--------------—.-.................................. v    11
Residence, elector shall not lose, by reason of, etc ------------------------------------- vii 5
Resident, soldier, seaman or marine not to be deemed -------------------------------- vii  7
Resolutions, joint and concurrent, to be approved by Governor ----------------------- iv    14
'1    "1 "1         1      " " "read three times. —------------------------- iv    18
Revision of constitution, when may be had ------------------------------------------- xviii  2
Rights of persons and bodies corporate not affected by change in constitution -------- Sched.  2
PAGE.
82
8I
81
81
81
32
32
3'2
32
32
3!
16
39
40
34
29
29
29
39
34
34
34
34
34
14
14
33
25
33
24
16
16
16
20
22
27
27
18
19
39
40
Salaries of Governor, judges and State officers ---------------------------------------- ix  1
School inspector, township clerk to be, ex cfficio -------------------------------------- x    13
"1   ".    when and how chosen, term of office —--—...... x    13
School, penalty on district for neglecting to maintain-.............................xiii    7
-'  to be maintained three months in each year ----------------------------------- i  7      35
Schools, primary, Legislature shall provide system of --------------------------------- xiii  6
Scrip, not to be issued by State, except, etc. —----------------------------------------- xiv    10
Seaman, not to be deemed resident in consequence, etc. —----------------------------- vii    7
Search and seizure, unreasonable, prohibited ------------------------------------------ ii   10
Seat of government to remain at Lansing............................................. i    2
Senate, every impeachment shall be trie 2byI.......................................... —2      8
may be convened to try impeachment ----------------------------------------- xii    8
members of, arrangement of districts ----------------------------------------- iv  2
Senators and Represenatives, ineligibility of certain officers to be      --                   ------------------ iv  6
privileges of, from arrest, etc. —------------------------- iv  7
to be citizens of United States -------------------------- iv  5
vacation of office of, on removal            --                     ---------------------- iv  5
to be chosien by single districts ----------------------------------------------- iv  2
"1 "" "1  for four years -------------------------------------------------— iv  2  2
when to be elected ----------------------------------------------------------         - iv    29
Secretary of State, salary of, to reside at capital --------------------------------------- ix  1
'  to he member Board of State Auditors and State Canvassers —... —.  viii  4
" have cnstody of Great Seal -------------------------------------- v    18
when and how chosen, term of office, to keep office at seat of gov     ernment ------------------------------------------------------------------------- viii    1
Sheriff, county not responsible for acts of --------------------------------------------- x  7
eligible for not more than two consecutive terms ------------------------------ x  7
to hold no otnier office --------------------------------------------------------- x  7
" " office at county seat --------------------------------------------------           - x  6
when and how chosen, term of office ------------------------------------------- x  5
Sinking fund to be provided for paying debt orloan ---------------------------------- xiv  4
Slavery, prohibition of ---------------------------------------------------------------       - ii   20
Soldier not to be deemed resident in consequence, etc. —----------------------------- vii  7 
" "1 "" 11 quartered in house -----------------------------------------------        - ii   18   i
Soldiers to enjoy elective franchise.. —......................................... vii   2
Special legislation, prohibition of, in certain cases ------------------------------------ iv    22
Specific taxes, corporations and business subject to ---------------------------------- xiv  1
to be applied in paying interest on trust funds ------------------------- xiv  2
"-'-    "  when applicable to payment of State debt —.-.-.................... xiv  2
to constitute part of primary school fund........................ xiv  2
48
IE:L.
hs.
27
29
29
35
35
35
36
27
15
14
33
34
1 6
17
1T
17
17
16
16
20
21
27
23
27
29
29
29
29
29
86
15
27
15
26
19
35
86
26
36 
INDEX.
ART.  SEc.  PAGE.
State Board of Auditors, who to be. —-------------------------------------------- viii     4      27
Canvassers, who to be --------------------------—. —-------------- viii        4       27
Education, members of, when and how chosen, terms of office of......  xiii    3      34
"    to have supervision of Normal School.......... xiii       8      84
State debt, when may be contracted. —------------------------------------------- xiv   6-7        86
Statement of receipts and expenditures to be published.-............ xvii  S  S9
State Normal School-see State Board of Education.
State, not to assume indebtedness of corporation.. —------------------------------- xiv  9  36
"  " be interested in internal improvement, except, etc.- -. ------------------- xiv    11  36
"  "grant money or credit to person or corporation —.-..-........  xiv     9       86
issue evidence of indebtedness, except, etc. --------------------------— xiv    10       36
State officers, canvass of votes for. —--------------------------------------------- viii  4      27
"   fees or perquisites to, prohibited ------------------------------------- ix    1       27
"  "   Governor may suspend during recess of Legislature -------------------- xii   7       33
"   to keep offices at seat of government -------------------------------- viii  I      27
"   vacancies in, to be filled by appointment ----------------------------- viii  3     27
"   when and how chosen, term of office of. —-------------------------—. viii  1      27
"  term of office to commence. —--------------------------------- viii    2      27
State paper, Legislature shall not establish ---------------------------------------- iv    23    20
State Prison, Legislature may authorize employment of chaplain for ------------------ iv    24     20
' "   teaching of mechanical trades in, prohibited —------------------------- xvii        9      39
State Public School, Board of Control of                     ------ --------------—. xiii  4      34
State Treasurer, salary of. —---------------------------—......... ix                     I      27
to be member Board of State Auditors and State Canvassers ---------  viii        4       27
"  when and how chosen, term of office, to keep office at seat of govern     ment ---------------------------------------------------------------------           - viii  1  27
Statistics, collection of. —------------------------------------------------------- - iv     87  21
Statute laws, public, Legislature shall provide for publication of --------------------— iv    30  20
Stockholders, liability of, for labor done-.................... xi                          7      31
"  of banks, individual liability of. —---------------------------------- xi     3       31
Sutitor, right to prosecute or defend suit -------------------------------------------- ii  9      15
Superintendent of Public Instruction, salary of, to reside at capital ------------------- ix  1    27
~"  "   "       i"'    to be member ex officio of educational boards. xiii      1       34
~~~"  "   "  "       " have supervision of public instruction... xiii   1     34
~~"  "   "    "    ~when and how chosen, term of office, to keep
office at seat of government ----------------------------------              viii     1       27
Supervisor, when and how chosen, term of office —------                              x    13       29
Supervisors, Board of, power to raise money for buildings, repairs, etc........ x  3    28
"6  " to adjust claims against county................ x   10       29
compensation of, to be prescribed by law —--............ x    10           29
duties of, in relation to representative districts ------------------------- iv  3     16
Supreme Court, additional judge of, provided for ----------------------------------- vi     2      23
"   appellate jurisdiction of. —---------------------------------------- vi   3       24
"   Chief Justice of, who to oe --------------------------------------—..................................... vi  2  24
".  concurring opinion of three judges of, necessary to a decision.        vi      5      24
"   continued, subject, etc. - ------------------------------------------ vi   2       23
"   decisions of, to be in writing and filed.. —---------------------------- vi  5  24
"   four terms of, to be held annually ---------------------------------- vi   4       24
"   general powers of.......................v.                i      3       24
"  "   to appoint clerks and reporter,,,................,vi                5       24
"   "consist of five members ----------------------------------------- vi    2       23
"       "   "establish rules of practice, except, etc............... vi              5      24
Suspension, of certain officers by Governor. —------------------------------------ xii     7      33
"     ". payments, prohibited... —---------------------------------------- xi  6  81
Tax, annual, Legislature shall provide for x —-------------------------------------— iv- 
law imposing, continuing or reviving, to state object of ----------------------— xiv
Taxation, of property or business.... —------------------------------------------—.  iv
"    uniform rule of, Legislature shall provide, —-----------------------------— v    
Taxes, specific, how appropriated..x —-------------------------------------------— iv 
Telegraph company, consolidation of, with competing lines, prohibited -------------- xi
Territory, attached for judicial and election purposes ----------------------------- Sched.
Tie, on vote for State officers, to be determined by Legislature --------------------— viii
Township clerk, to be ex oJfficio school inspector —----------------------------------  13 x
"       "  when and how chosen, term of office —-----------------------------— 1 x
Township, each to be body corporate.X —------------------------------------------— 2 x
elections, time of holding may be changed --------------------------------- x
"    "      when to be held -       --------------------------------------- ---- x
"    officers, when and how chosen, term of office ------------------------------ x
Townships, Boards of Supervisors may organize —---------------------------------- -- x
may hold elections in cities v —---------------------------------------— ii 
"     restrictions upon, as to loaning credit, etc. ------------------------------ - x
Transportation, Legislature may regulate, on railroads x —--------------------------— xi
Treason, against State, defined i —----------------------------------------------— i —--
Governor may grant reprieves upon conviction for —-------------------------  v
power of Legislature upon conviction for. —---------------------------------  v
U.
Unfunded debt, provision relating, to —------------...... xiv
University of Michigan-see Regents of University.
Upper Peninsula, entitled to two Senators.......,......................... iv
49
,Y.
3 36
15        3T
1 35
12 36
2 36
15 32
7 40
5 27
13 29
13 29
12 29
13 29
13 29
13 29
1 1 29
2 26
1        2S
I 1       31
1 2 15
1 1 22
11 22
5       36
2 16 
INDEX.
V..
ART.   SEC.  PAGE.
Vacancies, in educational boards, how filled.......... —------------------------------------- xiii  5  5
"judicial offices, how filled ---------------------------------------------  vi    10      25
" Legislature, Governor shall issue writs to fill —--------------------------  v    10   22
" offices of county clerk and prosecuting attorney, how filled --------------  vi   11    25
" State offices, how filled ---------------------------------------------- viii   3      27
Legislature may provide for declaring and filling, in public office.. —---------   iv    31  20
by impeachment, Governor may fill provisonally. —--------- --------------- xii      9       34
"  in office of Governor, who to act iii case of... —-------------------------------  v 12-13  28
Veto, of bills and resolutions... —----------------------------------------------------  iv    14  18
"  "specific items of appropriation bills.. —--------------------------------------- v  20  23
proceedings of Legislature on ----------------------------------------------—.  iv    14        18
Villages-see cities and villages.
Viva voce, elections by, in either HIlouse or in joint convention.........iv       11      1s
WN.
Witness not to be questioned as to religious belief. —-- ------------------------------- ii   8       14
Women, eligible to certain offices..... —---------------------------------------------   xvii  10  89
"   rights of, as to sole property.. —-------------------------------------------- xv   4       37
Worship, every person at liberty to, etc. —------------------------------------------- ii      2       14
Writs, causes, prosecutions and rights, to continue. —---------------------------- Sched.     2       40
YV.
Yeas and nays, any member may demand, on giving bill early effect.........iv    19         19
may be demanded by one-fifth of members elect —---------------------  iv    10          17
1"   " " to be taken on nominations to Senate. —------------------------------ iv        11     18
"   "   "  "   " 1separately on passage of bills and resolutions ------------   iv   1is    19
50
-V.