Legislative Department

( Originally Published 1883 )

The Legislature.—The Legislature is composed of two Houses:—

1. The Senate,

2. The House of Representatives.

Members of the Legislature are elected at the same time that State and county officers are elected, for a term of two years. They meet at Lansing, the capital of the State, on the first Wednesday in January of the year immediately following their election. The Legislature meets once every two years, but it may be convened by the Governor on extraordinary occasions. The legislative power of the State is vested in these two Houses.

The Senate is sometimes called the Upper House, and the House of Representatives the Lower.

The Senate.—The Senate consists of thirty-two members. The State is divided into thirty-two senatorial districts, according to the number of inhabitants, and each district elects one Senator. In the formation of districts, no county can be divided, unless it is entitled to two or more Senators. In other words, part of one county and part of another can not be united to form a senatorial district. Thus the county of Lenawee has only one senatorial district, while the county of Wayne has three. Sometimes two or more counties are necessary to form one district. The senatorial districts are numbered, first, second, third, etc.

The House of Representatives.—The House of Representatives consists of one hundred members. Representatives are apportioned among the counties according to population. In some counties there is one representative district, in others from two to four, while some districts include several counties. No township or city can be divided in the formation of districts. Some cities contain a population which entitles them to more than one Representative. Thus Grand Rapids has two, while Detroit has seven.

When a county is entitled to more than one Representative, the division into representative districts is made by the Board of Supervisors.

Members.—Senators and Representatives must be citizens of the United States and legal voters in the district to be represented. If a member, during his term of office, changes his residence from one district to another, he vacates his office. No person holding an office under the United States, or occupying any State or county office, except that of Notary Public, is eligible to a seat in either House. Each Senator and Representative takes an oath to support the Constitution of the United States, and the Constitution of the State of Michigan, and to faithfully discharge the duties of his office.

Powers of the Senate.—The Upper House is expected to be an abler body than the Lower House, and is usually composed of men of greater experience in public affairs. The Senate has power,

1. To try impeachments.

2. To confirm or reject appointments. Certain appointments are made by the Governor with the advice and consent of the Senate.

3. To originate bills. The Senate has concurrent jurisdiction with the House of Representatives in making laws.

4. To elect a President pro tempore and certain other officers. The President pro tempore performs the duties of the presiding officer in his absence, and when the Lieutenant Governor acts as Governor.

5. To determine the rules of its proceedings, and to judge of the qualifications, election, and returns of its members.

The officers of the Senate are,—Secretary, Assistant Secretary, Sergeantat-Arms, Assistant Sergeants-at-Arms, Engrossing and Enrolling Clerk, Assistant Engrossing and Enrolling Clerk, Clerk of the Judiciary Committee, Clerk of Committee on Villages and Cities, Janitors, Keeper of Cloak Room, Governor's Messenger, President's Messenger, Secretary's Messenger, Messengers, Reporters.

Powers of the House of Representatives.—The Lower House is a more numerous body than the Upper House, and it more properly represents the people of the whole State. For this reason it is called the House of Representatives. The House of Representatives has power,

1. To origina articles of impeachment and present them to the enate. The Senate acts as a court of impeachment, and the House of Representatives prefers the charges.

2. To originate bills. The House of Representatives has concurrent jurisdiction with the Senate in making laws.

3. To elect a presiding officer called the Speaker, and certain other officers.

4. To determine the rules of its proceedings, and to judge of the qualifications, election, and returns of its members.

1. There are some appointments by the Governor that require the consent of both branches of the Legislature, as, for example, the appointment of Adjutant General.

2. The officers of the House of Representatives are,—Chief Clerk, Corresponding Clerk, Journal Clerk, Engrossing and Enrolling Clerk, Assistant Engrossing and Enrolling Clerk, Clerk of the Judiciary Committee, Clerk of the Committee on Ways and Means, Clerk of Joint Committee on Taxation, Clerk of Committee on Municipal Corporations, Clerk of Committee on State Affairs, Sergeant-at-Arms, Assistant Sergeants-at-Arms, Postmaster, Assistant Postmaster, Keeper of Cloak Room, Speaker's Messenger, Clerk's Messenger, Messengers, Reporters.

Special Privileges of Members.—In order that the business of the Legislature may not be interrupted, the Constitution of the State declares that no Senator or Representative can be arrested during a session of the Legislature, or for fifteen days before the commencement or after the termination of each session, except for treason, or a crime punishable by death or imprisonment, or a violation of the public order. In England it frequently happened that members of Parliament were arrested, so as to prevent the adoption of any measure prejudicial to the interests of the king.

Duties of Some Officers.—The presiding officer of the Senate is the Lieutenant Governor. He is called the President. The presiding officer of the House of Representatives is chosen from among its members. He is called the Speaker. It is the duty of each to preserve order and to see that the business is transacted in the manner prescribed by the rules of each House. The Secretary of the Senate keeps a record of each day's proceedings, preserves and has charge of all papers and bills, and reads them to the Senate. The Clerk of the House of Representatives performs similar duties. The Engrossing and Enrolling Clerks make a true copy of and enroll all bills that are passed. The Sergeants-at-Arms are required to preserve order, arrest disorderly persons, compel the attendance of absent members, and perform such other like duties as either House may require.

Organization of Each House.—On the day appointed for the assembling of a new Legislature, before any business can be properly transacted, it is necessary that the members of each House should,

1. Take the oath of office;

2. Elect officers.

When each member has taken the oath of office, and the Senate and House of Representatives have elected their officers, both Houses are said to be organized and ready for business.

The Clerk of the last House of Representatives calls the House to order, and presides until a Speaker or a Speaker pro tempore is elected. A list of members elect is delivered to the Clerk by the Secretary of State.

Message.—When the two Houses are organized and ready for business, the Governor presents his message. This is read at a joint meeting of both Houses, the Senate meeting with the Lower House in the Hall of Representatives. The Governor in his message gives information to the Legislature of the condition of the State, calls their attention to matters of State interest, and recommends such measures as he deems expedient.

The President of the Senate is the presiding officer of both Houses, when they meet in joint convention.

Standing Committees.—In each House, soon after its organization, about forty-two standing committees are appointed. Standing committee is another name for permanent committee. In the Senate these committees are appointed by the President, and in the House of Representatives by the Speaker. In these committees, a great part of the business of the Legislature is transacted. When a subject is presented to either House, it is first referred to some standing committee, and after it has been properly considered, it is reported back to the House in one of three ways:—

1. Without recommendation ;

2. With amendments ;

3. With the recommendation that it be passed.

If a bill is reported back without recommendation, it is seldom passed. It would be impossible for the Legislature to transact all the business brought before it, unless the subjects presented, were first considered by appropriate committees. In this way a number of measures can be examined at one time. When a particular matter is presented that can not properly be referred to one of the standing committees, a special committee is appointed to consider it.

Standing Committees the Senate.—Appropriations and Finances, Judiciary, Federal Relations, State Affairs, University, Agricultural College, State Normal School, State Public School, Education and Public Schools, State Reform School, Banks and Incorporations, Railroads, Cities and Villages, Public Lands, Counties and Townships, etc.

Committees in the House.—Ways and Means, State Affairs, Judiciary, Private Corporations, Municipal Corporations, Internal Improvements, Towns and Counties, University, Education, Railroads, State Prison, Eastern Asylum for the Insane, Geological Survey, etc.

Quorum.—A majority of each House constitutes a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of absent members.

How Subjects are Presented to the Legislature.—Subjects for the consideration of the Legislature are presented in three ways:

1. By the Governor ;

2. By petitions from the people;

3. By a bill presented by a member of the Legislature.

Passing of Bills.—Supposing that a bill relating to the University is presented by a member of the House of Representatives. It is first referred to the committee on the University, who examine the bill, and return it either without recommendation, or with amendments, or with the recommendation that it be passed. After the bill is reported back to the House, it must be read three times by the Clerk to the House before the final vote. The bill may be amended, or sent back to the committee for modification, or defeated. When the final vote is taken, it must be by yeas and nays, and the result entered on the journal of the House. No bill can be passed without receiving the votes of a majority of all the members elected, and the assent of two-thirds is required for every bill appropriating public money for local or private purposes. After the bill has passed the House, it is sent to the Senate, where a similar course is pursued, the sanction of both Houses being necessary. If it passes both Houses, it is sent to the Governor to receive his signature, and if he signs it, the bill becomes law. If the Governor does not approve of the bill, he returns it, with his objections, to the House of Representatives. When a bill is not approved, it is returned to the House where it originated. This is called vetoing a bill. After the Governor has vetoed a bill, it may still be passed by receiving a two-thirds vote in each House, and it becomes law without his consent.

1. Any bill may originate in either House. In Congress revenue bills. must originate in the House of Representatives.

2. Printed copies of all bills are placed on the desks of members. It is the custom for the Secretary or Clerk to read only the title of each bill on the first and second readings, but on the third reading the entire bill is read. The second and third readings must be on different days. Amendments are offered after the second reading.

Acts.—When a subject is reported to the Legislature by a committee, it is usually in the form of what is called a bill. When a bill is passed by both Houses, and is signed by the Governor, it is called an act, and becomes a law of the State. A bill becomes a law,

1. By receiving a majority vote in each House, and the signature of the Governor ;

2. By receiving a two-thirds vote in each House, without the signature of the Governor ;

3. By not being returned by the Governor to the House from which it originated within ten days, Sundays excepted, after it has been presented to him.

After the Legislature has adjourned, no bill can become law unless it is signed by the Governor. Acts take effect ninety days after the adjournment of the Legislature, unless the members of each House by a two-thirds vote direct otherwise. At the close of each session, the Secretary of State is required to see that the acts passed during the session are printed and bound, and distributed to the proper officers throughout the State.

No new bill can be introduced into either House after the first fifty days of a session have expired.

Remark.—The framers of the Constitution of the State have wisely provided that the Legislature should consist of two Houses, and that each House should act as a check on the other, and thus prevent too hasty legislation. Not only do the Houses mutually act as a check upon each other, but also the Governor can return a bill to the Legislature to be reconsidered, and, by refusing to sign it, necessitate a two-thirds vote in order that it may become law. One of the great evils, of modern legislation is that laws are frequently made without due consideration, and a considerable portion of the time of one Legislature is occupied in amending or undoing what a preceding Legislature has done.

Other Legislative Bodies.—The State Legislature has the power to confer local powers of legislation upon counties, cities, villages, and townships. The legislative body of a county is the Board of Supervisors ; of a city, the Common Council ; of a village, the Board of Trustees or Village Council; of a township, the township meeting.

Impeachment—When a State officer or a Circuit or a Probate Judge has been guilty of corrupt conduct in office or of crime, he may be brought to trial before the Senate by the House of Representatives. This is called the impeachment of a public officer. The House appoints a committee to prepare articles of impeachment and to conduct the prosecution.. 'The Senate, as a court, determines the guilt or innocence of the person accused. If the person impeached is convicted by a two-thirds majority of all the Senators, he is removed from, office. A public officer, thus removed, is also liable to be tried in one of the courts and punished according to law. The Senate only removes from office ; a court of law may afterwards inflict punishment.

1. The Governor may remove for misconduct and neglect of duty any county officer, except Circuit Judge, Judge of Probate, and County Clerk, and also any Justice of the Peace and township officer. The Circuit Judge and the Circuit Court Commissioner have authority to remove the County Clerk for incompetence, misconduct, or neglect of duty.

2. The Governor has the power, when the Legislature is not in session, of removing, " for gross neglect of duty or for corrupt conduct in office," any State officer, except legislative and judicial, whether elected or. appointed, and of appointing a successor for the remainder of the unexpired term of office.

LEGISLATIVE BODIES.

STATE.

Senate,

House of Representatives.

COUNTY

Board of Supervisors.

CITY

Common Council.

VILLAGE

Board of Trustees, or Council.

TOWNSHIP