nor 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 the legislature nor officer of the state shall be interested directly or indirectly in any such

contract.

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 or any street in any city or village, or in any recorded town plat.

SEC. 24. The legislature may authorize the employment of a chaplain for the state prison; but no money shall be appropriated for the payment of any religious services in either house of the legislature.

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. The legislature shall not authorize any lottery nor permit the sale of lottery tickets.

SEC. 28. Repealed.

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.

SEC. 30. No collector, holder nor 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. 31. The legislature shall not audit nor allow any private claim

or account.

SEC. 32. The legislature, on the day of final adjournment, shall adjourn at twelve o'clock at noon.

SEC. 33. The legislature shall meet at seat of government on the first Wednesday in January, in the year one thousand eight hundred and sixty-one, and on the first Wednesday of January in every second year thereafter, and at no other place or time unless as provided in the constitution of the state, and shall adjourn without day at such time as the legislature shall fix by concurrent resolution.

SEC. 34. The election of senators and representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday sueceeding the first Monday of November, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of November of every second year thereafter.

SEC. 35. The legislature shall not establish a state paper.

SEC. 36. The legislature shall provide for the speedy publication of all statute 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.

❝ Amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860. By amendment proposed by the legislature of 1903, joint resolution No. 2, and approved by the people at the November election, 1904, this section was repealed.

As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.

As amended by joint resolution No. 9, laws of 1901, p. 389; ratified election of 1902.

SEC. 37. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution.

SEC. 38. 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 they may deem proper.

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 opinion or belief concerning matters of religion.

SEC. 42. No law shall ever 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 pass 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. The 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. 46. The legislature may authorize a trial by a jury of a less number than twelve men.

SEC. 47. The legislature may, by law, provide for the indeterminate sentences so called, as a punishment for crime, on conviction thereof, and for the detention and release of persons imprisoned or detained on said sentences.

SEC. 48. The style of the laws shall be, "The People of the State of Michigan enact.'

་་

SEC. 49. The legislature may provide for the laying out, construction, improvement and maintenance of highways, bridges and culverts by counties and townships, and may authorize counties to take charge and control of any highways within their limits for such purposes: and may modify, change or abolish the powers and duties of township commissioners and overseers of highways. But the tax raised in any one year shall not exceed two dollars upon each one thousand

a By amendment proposed by the legislature of 1875, joint resolution No. 21. and approved by the people at the November election of 1876, section 47, article IV, prohibiting the license of the sale of intoxicating liquors, was stricken out. By amendment proposed by the legislature of 1901, joint resolution No. 11, and ratified at the November election of 1902, the section as above was inserted.

As amended by joint resolution No. 5, public acts of 1899, ratified April election 1899.

dollars valuation, according to the assessment roll of the county for the preceding year. The legislature may also prescribe the powers and duties of boards of supervisors in relation to highways, bridges and culverts, and may provide for one or more county road commissioners, to be elected by the people, or appointed, with such powers and duties as may be prescribed by law.

No county shall incur any indebtedness for any purposes in excess of three per cent of the valuation, according to the last assessment roll, and no such indebtedness beyond one-half of one per cent of such valuation shall be incurred, unless authorized by a majority of the electors of said county voting thereon: Provided, That any county road system provided by law shall not go into operation in any county until the electors of said county, by a majority vote, have declared in favor of adopting the county road system.

ARTICLE V

EXECUTIVE DEPARTMENT

SECTION 1. The executive power is vested in a governor who shall hold his office for two years. A lieutenant governor 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 and a resident of this state two years next preceding his election; nor shall any person be eligible to either office who has not 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 governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, to suppress insurrections and to repel invasions.

SEC. 5. He shall transact all necessary business with officers of government, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.

SEC. 6. He shall take care that the laws be faithfully executed. SEC. 7. He may convene the legislature on extraordinary occasions. SEC 8. He shall give to the legislature, and at the close of his official term, to the next legislature, information by message of the condition of the state, and recommend such measures to them as he shall deem expedient.

SEC. 9. He may convene the legislature at some other place when the seat of government becomes dangerous from disease or a common.

enemy.

SEC. 10. He shall issue writs of election to fill such vacancies as occur in the senate or house of representatives.

SEC. 11. He may grant reprieves, commutations and pardons after convictions, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to regulations provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature at each session information of each case of reprieve, commutation or pardon granted, and the reasons therefor.

SEC. 12. In case of the impeachment of the governor, his removal from office, death, inability, resignation, or absence from the state the powers and duties of the office shall devolve upon the lieutenant governor, for the residue of the term, or until the disability ceases. When the governor shall be out of the state in time of war, at the head of a military force thereof, he shall continue commander-inchief of all the military force of the state.

SEC. 13. During a vacancy in the office of governor, if the lieutenant governor die, resign, or be impeached, displaced, be incapable of performing the duties of his office, or absent from the state, the president pro tempore of the senate shall act as governor until the vacancy be filled or the disability cease.

SEC. 14. The lieutenant governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate all questions; and when there is an equal division, he shall give the casting vote.

SEC. 15. No member of congress, nor any person holding office under the United States, or this state, shall execute the office of governor.

SEC. 16. No person elected governor or lieutenant governor shall be eligible to any office or appointment from the legislature, or either house thereof, during the time for which he was elected. All votes for either of them for any such office shall be void.

a SEC. 17. The lieutenant [governor] and president of the senate pro tempore when performing the duties of governor, shall receive the same compensation as the governor.

SEC. 18. All official acts of the governor, his approval of the laws excepted, shall be authenticated by the great seal of the state, which shall be kept by the secretary of state.

SEC. 19. All commissions issued to persons holding office under the provisions of this constitution shall be in the name and by the authority of the people of the State of Michigan, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.

a The word "governor," after "lieutenant" is omitted in the engrossed copy of the constitution.

bAct No. 6, public acts of 1887, provided that there should be five justices of the supreme court and that the term of office of each should be ten years. Act No. 250, public acts of 1903, provides that there shall be eight justices of the court after January 1, 1905, whose term of office shall be eight years.

ARTICLE VI

JUDICIAL DEPARTMENT

SECTION 1. The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdicton may be establshed by the legislature in cities.

SEC. 2. For the term of six years and thereafter, until the legislature 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. The term of office shall be eight years.

SEC. 3. The supreme court shall have a general superintending control 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. 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, establish, modify, 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 divied into judicial circuits, in each 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. The legislature may provide for the election of more than one circuit judge in the judicial circuit in which the city of Detroit is or may be situated, and in the judicial circuit in which the county of Saginaw is or may be situated, and in the judicial circuit in which the county of Kent is or may be situated, and in the judicial circuit in which the county of St. Clair is or may be situated. And the circuit judge or judges of such circuits, in addition to the salary provided by the constitution, shall receive from their respective counties such additional salary as may from time to time be fixed and determined by the board of supervisors of said county. And the board of supervisors of each county in the upper peninsula, and in the counties of Bay and Washtenaw and the county of Genesee, in the lower peninsula, is hereby authorized and empowered to give and to pay to the circuit judge of the judicial circuit to which said county is attached, such additional salary or compensation as may from time to time be fixed and determined by such board of supervisors.

• As amended by joint resolution No. 2, public acts, 1905; ratified April election. 1905.

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