be chosen for two years, and by single districts. Each representative district shall contain, as nearly as may be, an equal number of inhabitants, exclusive of persons of Indian descent who are not civilized, or are members of any tribe, and shall consist of convenient and contiguous territory. [But no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation.]* In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as the legislature shall prescribe, 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 office of the secretary of state and clerk of such county, a description of such representative districts, specifying the number of each district, and the population thereof, according to the last preceding enumeration. SEC. 4. The legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fifty-four, and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall re-arrange the senate districts, and apportion anew the representatives among the counties and districts, according to the number of inhabitants exclusive of persons of Indian descent who are not civilized, or are members of any tribe.† Each apportionment, and the division into representative districts by any board of supervisors, shall remain unaltered until the return of another enumeration. SEC. 5. Senators and representatives shall be citizens of the United States, and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office. SEC. 6. No person holding any office under the United States [or this State,] or any county office, except notaries public, officers of the militia, and officers elected by townships, shall be eligible to or have a seat in either house of the legislature, and all votes given for any such person shall be void. SEC. 7. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the legislature, or for fifteen days next before the commencement and after the termination of each session; they shall not be questioned in any other place for any speech in either house. SEC. 8. [Unchanged. See corresponding section of amended article.] SEC. 9. Each house shall choose its own officers, determine the rules of its proceedings, and judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. No member shall be expelled a second time for the same cause; nor for any cause known to his constituents antecedent to his election; the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question. * The words in brackets are omitted from the amended section. See note, foot of page 6. + The corresponding section of amended article IV has a new provision, that "no re-arrangement of senate districts shall vacate the seat of any senator," which should have been designated by italics. SEC. 10. [The only change in this section is the substitution of the word "taken" for the words "entered on the journal at," in the second clause. See corresponding section of amended article IV.] SEC. 11. [Unchanged-see corresponding section of amended article.] Art. 4, sec. 13. SEC. 13. Bills may originate in either house of the legislature. SEC. 14. Every bill and concurrent resolution, except of adjournment, Art. 4, sec. passed by the legislature, shall be presented to the governor before it 14. becomes a law. 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 shall enter the objections at large upon their journal, and reconsider it. On such reconsideration, if two-thirds of the members elected agree to pass the bill, 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 a law. 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 the bill shall be entered on the journals of each house respectively. If any bill be not returned by the governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its return; in which case it shall not become a law. 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 become a law. SEC. 15. The compensation of members of the legislature shall be Art. 4, see. three dollars a day for actual attendance, and when absent on account 15. of sickness. [But the legislature may allow extra compensation to members from the territory of the upper peninsula, not exceeding two dollars per day during the session. When convened in extra session, their compensation shall be three dollars a day for the first twenty days, and nothing thereafter;]* and they shall legislate on no other subject than those expressly stated in the governor's proclamation, or submitted to them by special message. 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 legislature may provide by law for the payment of post-See note to age on all mailable matter received by its members and officers during art. 4, p. 18. the sessions of the legislature, but not on any sent or mailed by them. SEC. 17. [Unchanged-stands as section 16 of amended article.] [Section 18 stands as section 17 of the amended article, and is unchanged except as shown by italics and brackets.] SEC. 19. Every bill and joint resolution shall be read three times in Art. 4. sec. each house before the final passage thereof. No bill or joint resolution 18. shall become a law without the concurrence of the majority of all the members elected to each house. On the final passage of all bills the vote shall be by ayes and nays, and entered on the journal. SEC. 20. No law shall embrace more than one object, which shall be Art. 4, sec. expressed in its title. No public act shall take effect or be in force until 19. the expiration of ninety days from the end of the session at which the *The clause in brackets is omitted from the amended article. The succeeding clause is embodied in section 13 of amended article IV. Art. 4, sec. 22. Art. 4, sec. 19. Art. 4, sec. 22. Art. 4, scc. 13. Note to art. 4, p. 13. Art. 4. sec. same is passed, unless the legislature shall otherwise direct, by a twothirds vote of the members elected to each house. SEC. 21. [Unchanged-same as sec. 20 of amended article.] [Section 22 stands as section 21 of the amended article, and is unchanged except by the addition of the words in italics.] SEC. 23. The legislature shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person; nor vacate nor alter any road laid out by commissioners of highways, any street in any city or village, or in any recorded town plat. or SEC. 24. [Unchanged-same as corresponding section of amended article.] SEC. 25. No law shall be revised, altered or amended, by reference 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. SEC. 26. Divorces shall not be granted by the legislature. SEC. 27. [Unchanged-same as sec. 33 of amended article.] SEC. 28. No new bill shall be introduced into either house of the legislature after the first fifty days of the session shall have expired. SEC. 29. In case of a contested election, the person only shall receive from the state per diem compensation and mileage, who is declared to be entitled to a seat by the house in which the contest takes place. [Sections 30, 31 and 32 are unchanged, and stand as sections 25, 26 and 28 of amended article IV.] [Sections 33 and 34 stand as sections 27 and 29 of amended article IV, and are unchanged except in naming the years, as shown by those sections.] SEC. 35. The legislature shall not establish a state paper. [Every 23, and note, newspaper in the state which shall publish all the general laws of any p. 13. session within forty days of their passage, shall be entitled to receive a sum not exceeding fifteen dollars therefor.]* Art 2, sec. 2. Art. 4. sec. 84. Art. 2, sec. 3. Art. 2, sec. 4. Art. 2, sec. 5. Art. 2, sec. 6. Art. 2, sec. 7. [Sections 36, 37 and 38 are unchanged, and stand as sections 30, 31 and 32 of amended article IV.] SEC. 39. The legislature shall pass no law to prevent any person from worshiping Almighty God according to the dictates of his own conscience; or to compel any person to attend, erect or support 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. 40. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purposes. SEC. 41. The legislature shall not diminish or enlarge the civil or political rights, privileges and capacities of any person on account of his opinions or belief concerning matters of religion. SEC. 42. No law shall be passed to restrain or abridge the liberty of speech or of the press; but every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right. SEC. 43. The legislature shall bass no bill of attainder, ex post facto law, or law impairing the obligation of contracts. SEC. 44. The privilege of the writ of habeas corpus remains, and shall not be suspended by the legislature except in case of rebellion or invasion the public safety require it. SEC. 45. [Unchanged-stands as sec. 35 of amended article IV.] SEC. 46. The legislature may authorize a trial by jury of a less number than twelve men. * See note to amended article IV, page 18. SEC. 47. The legislature shall not pass any act authorizing the grant of license for the sale of ardent spirits or other intoxicating liquors. SEC. 48. The style of the laws shall be: "The people of the State of Michigan enact,”** ARTICLE V. EXECUTIVE DEPARTMENT. [The changes proposed to this article are so immaterial, and are so fully set forth by italics and brackets in amended article V, (see page 13) that the repetition of any portion of the article here is deemed unnecessary.] ARTICLE VI. JUDICIAL DEPARTMENT. SECTION 1. The judicial power is vested in one supreme court, in Art. 6, sec. 1. circuit courts, in probate courts, and in justices of the peace. [Munici pal courts of civil and criminal jurisdiction may be established by the legislature in cities. ]† SEC. 2. For the term of six years, and thereafter, until the legislature Art, 6, sec, 2. otherwise provide, the judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years, the legislature may provide by law for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution, to consist of one chief justice and three associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or discontinued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. Their term of office shall be eight years. SEC. 3. The supreme court shall have a general superintending control Art. 6, sec. 8. over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only. SEC. 4. [Unchanged-same as corresponding section of amended article VI.] SEC. 5. The supreme court shall, by general rules, establish, modify Art, 6, sec. 5. and amend the practice in such court and in the circuit courts, and simplify the same. [The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.] + SEC. 6. The state shall be divided into eight judicial circuits; in each Art. 6, sec. 6 of which 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. SEC. 7. The legislature may alter the limits of circuits, or increase the number of the same. No alteration or increase shall have the effect to remove the judge from office. In every additional circuit established, *The two last sections are unchanged, and stand as sections 36 and 37 of amended article IV. For proposed addition to the section relating to the sale of liquors, sce separate submission clause, page 41. + Omitted from the amended article. Omitted from the amended article. Art. 6, sec. 6. Art. 6, sec. S. Art. 6, sec. 13. Art. 6, sec. 5. the judge shall be elected by the electors of such circuit, and his term of office shall continue as provided in this constitution for judges of the circuit court. SEC. 8. The circuit courts shall have original jurisdiction in all matters, civil and criminal, not excepted in this constitution, and not prohibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments, and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions. SEC. 9. Each of the judges of the circuit courts shall receive a salary, payable quarterly. They shall be ineligible to any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such judge, for any office other than judicial, given either by the legislature or the people, shall be void. SEC. 10. The supreme court may appoint 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 signature. All such opinions shall be filed in the office of the clerk of the supreme Art. 6, sec. court.]* The judges of the circuit court, within their respective juris 12. Art. 6. sec. 7. Art, 6, sec. 12. Art. 6, sec. 14. Art. 6, sec. 11. Art. 6, sec. 10. Art. 6, sec, 9, Art, 6, sec. 10. dictions, may fill vacancies in the office of county clerk and of prosecuting attorney; [but no judge of the supreme court or circuit court shall exercise any other power of appointment to public office.] in SEC. 11. A circuit court shall be held at least twice in each year every county organized for judicial purposes, and four times in each year in counties containing ten thousand inhabitants. Judges of the circuit court may hold courts for each other, and shall do so when required by law. SEC. 12. The clerk of each county organized for judicial purposes shall be the clerk of the circuit court of such county, and of the supreme court when held within the same. SEC. 13. In each of the counties organized for judicial purposes, there shall be a court of probate. The judge of such court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until his successor is elected and qualified. The jurisdiction, powers and duties of such court shall be prescribed by law. SEC. 14. When a vacancy occurs in the office of judge of the supreme, circuit or probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such successor shall hold his office the residue of the unexpired term. SEC. 15. The supreme court, the circuit and probate courts of each county, shall be courts of record, and shall each have a common seal. SEC. 16. The legislature may provide by law for the election of one or more persons in each organized county, who may be vested with judicial powers, not exceeding those of a judge of a circuit court at chambers. SEC. 17. There shall be not exceeding four justices of the peace in each organized township. These shall be elected by the electors of the township, 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 * The clauses in brackets are omitted from the amended article. |