Extra Session Laws

During the extra session of the legislature eight bilis were passed. Four of these were presented by the military department in view of the prospect of war. They were the bill making a $500,000 war appropriation, the bill increasing the membership of companies f the National guard from eighty to 150, the bill making an appropriation for the naval reserve and increaslng its membership, and a bill exempting the military from prosecution for debt fluring service. Following are the concurrent resoluiions and bilis as they were passed: CONCURRENT RESOL.UTION JüxpreBsing Sympatliy for the Cuban Patriots in Their Struggle for Independence, Whereas, The Michigan legislature in regular biennial session assembled, one yeax ago, expressed its sympathy for the Cuban patriots in their struggle for independence, and Whereas, War still continúes on the island of Cuba, presenting the most horrible, pitiable and revolting conditions, and calling forth expressions of sympathy f rom all mankind; Resolved (the senate concurring), That our sympathy for these afflicted people is hereby again renewed and our hope reaffirmed that war, desolation and death will speedily end on that unfortunate island and the boon of independence be again an established f act: Resolved, further, That we expres? ■cur highest appreciation of the policy pursued by President McKinley; assert our confldence in hls calm, prudent, patriotic leadership; congratúlate congress of the United States on the unanimity of their courageous action taken on the emergency war measure, and Thereby assure the national administration that should war come, Michigan Tvill quickly respond as in "Sixty-one" and furnish her quota of brave and loyal sons to keep step to the music of the Union. Resolved, That a copy of these resolutions be forwarded by the secretary f state to President McKinley and the president of the national senate and the speaker of the house for communiication to those respective bodies. Approved April 13, 1898. CONCURRENT RESOLUTION SlelaMve to the Prlntingr and Binding of the Official .Tournals of the Legislativa Session of 1898. Resolved by the house (the senate ioncurring), That there shall be printed and bound in the usual form and style 2,000 copies of the official journal of this ■extraordinary session of the legislatnre; and Resolved, That such number of copies ■of said journals as shall remain, after the distribution provided by law shall have been made, shall be disposed of as the board of state auditors may determine. Approved April 13, 1898. CONCURRENT KESOLUTION Dlrecting the Board of State Auditor to Settle and Adjust the Claim oí the Military Department for Clerical Services, Stationery and Postage, for Investigad ing: Hounty Claims, Issuing Certificates oí Service and Furnishing Data and Records of Service to the Soldiers of the iaat War for the Tears' 1897 and 1898. AVhereas, It appears that a large part ■of the work of the adjutant general's ■office consists in investigating bounty ■claims, furnishing certiflcates of service and siatements of war records to the soldiers of the last war, and none ■of the military funds at the disposal of the military department are available for such work: and Whereas, The said work has been conducted for the current year and the 3ear 1897 at the expense of the national ■guard fund; Resolved, by the house (the senate eoncurring), That the board of state auditors be and is hereby authorized and directod to investígate and examine into the expense of such work. and deiermine as to what amount of the same should rightfully be paid from the general fund for the years 1897 and 1898. And if upon examination of the facts, it is found that the national guard or other military funds of the state ought to be credited with an allowance for :such work, the board of state auditors is authorized, empowered and directed to draw their warrant for such sum up■on the general fund, the amount of the same to be placed to the credit of the proper military fund. Approved April 15, 1898. AN ACT JM-oviding for Submlttiug to the Qualifled Electora of Thi State, the Question of a General Revison of the Constitution of the State of Michigan. The people of the state of Michigan enact: Section 1. That whereas. it is provided by section 2 of artiole 20 of the ■constitution of this state that at the reneral electton to be held in the year 1866, and in each sixteenth year thereafter, the question of the general remisión of the constitution shall be submitted to the electors qualified to vete for members of the legislature; and Whereas, the current year is the year that this question must be submitted to said electors; Therefore, in obedience to this mandate o'f the constitution, the secretary of state is hereby required to give notiee of the same to the sheriffs of the several counties of this state, the time prior to said electlon required by law, and the said sheriffs are hereby required to give the several notices m]uired by law. Each person, voting on said question, shall have written or printed on his ballot as provided by law the words: "Por a general revisión of the Contitution- TKS." And every person votlng against said question shall have on his ballot In like manner, the words: "For a general revisión of the Contltutlon- NO." The ballots shall in all respecta be Mnvaesed, and returns made in the ame manner as they are made for the Btate offioers named on said ballol. Approved April In, 1898. AN ACT to Ameud Section 2 of Act 140 of the Sessiou Lans of 1807, the Sume Heilig Chapter 108 of Hou U's Annotated Statutes Relative to the Licensing and Taxing of Express Compauies Incorporated in Otlier States. The people of the state of Michigan enact: Section 1. That section 2 of act No. 140 of the session laws of 1867, the same being chapter 103 of Howell's annotated statutes, relating to the licensing and taxing of express companies incorporated in other states, be and the same is amended to read as follows: Section 2. It shall be a condition precedent to the issuing or the renewal of the annual certifícate or license by the state treasurer, that the company, association or individual making the statement, shall pay into the state treasury a specific state tax of 5 per cent. on the gross amount received by said company, association or individual, vvithin this state, for the year included in the report provided for in section 1 of this act, which said speciflc tax may be recovered in any court at the suit of this state. It shall be the duty of the state treasurer to give his receipt for all moneys paid into the state treasury under the provisions of this act, and to issue as many copies of the annual certifícate or license as may be desired by said company. but not more than one for each agent or place of business of said express compar.y, association or individual in this state. Appioved April 15, 1S9S. AN ACT To Suspend the Refunil n;, ly the Aiulitor fienera!, of Ion"ys to I'urehasers of Certain Tax Tiths Held luva id, mid to Prohibit Pix:eedii)j{s for the Kecovery of the Same. The people of the state of Michigan enact: Section 1. That hereafter, and until the lapse of nlnety days from and after the close of the 'session of the legislature of 1893, no action shall be brought to compel the auditor general to refund any money to the purchaser of any lands for the taxes delinquent thereon, where such sale of such lands has been declared invalid by reason of said lands having prior thereto been bid in to the state, and continuing thus held while included in the auditor general's petition for the subsequent year, the sale for which was declared invalid. Section 2. That, during the time above limited, no money shall be refunded to the purchaser of any lands for the taxes delinquent thereon, where such sale of such lands has been declared invalid for the reason expressed in section 1 of this act. Section 3. The operation of all acts and parts of acts in any way inconsistent with the provisions of this act is hereby suspended. This act is ordered to take immediate effect. Approved April 15, 1893. AN ACT For the Proteetion of Homesteaders. The people of the state of Michigan enact: Section 1. That hereafter, and until the lapse of nlnety days from and after the close of the session of the legislature of 1899, no action shall be broug-ht to oust or dispossess any person in possespsion of, and actually settled upon, lands subject to entry, or by the commissioner' of the state land office supposed to have been subject to entry, under the provisions of section 131 of act No. 206 of the public acts of 1893, and amendments thereto, which were, under the provisions of said seetion, taken up and entered as homestead lands and certifícate issued by the commissloner of the state land office therefor. Section 2. All such actions now pending, and the operation of all acts or parts of acts inconsistent with the provisions of this act are hereby suspended, until the termination of the time above limited: Provided, however, That this act shall not be so construed as to prevent the recovery by any person, holding under such homestéad pro-, ceedlngs, for improvements made etth-' er before or after the passage of this act. This act is ordered to take immediate effect. Approved April 15, 1898. AN' ACT To Protect Meinbers of the State Militia, and All Citlzens of the State of Michigan, in the Service of the United States, and Their Property froni Execution, Seizure and Levy, and to Provide for the Contlnuance of Pending Suits in law and Chancery, In the Event of War. The people of the state of Michigan enact: Section 1. That all citizens of this state, while engaged in actual military duty in the service of the state, or of the United States, in the event of war with Spain, as members of the naval brigade, national guard, or in the United States army, navy, or marine corps, or any other branch of service, shall 'not be subject to proceedings in this state for the collection of any debt incurred prior to, or during such period of service. Section 2. The property of such citizens, serving as above mentioned, ghall'be exempt from executión, levy, seizure, or attachment for debts contraéted' prior to, or during such service, and shall continue exempt for a period of six months after such service shall cease: except in cases where the statutes of limitations might opérate to make such debts or obligations void. Section 3. This? act shall not be construed as repealing any law of this state now in force upon the same subject. This act is ordered to take immediatei effect. Approved April lo. 1898AN ACT To Amend Section No. 36 of Act No. 184 of the Public Act of 1893, Entitled " An Act to Provlde for the Hnrollmeiit, Orgaiilatlon, Equlpment, Maintenance and Il8!lpne of the Naval Militia of the State." Approved May 31, 1893, as Aiuended "5 Act No. 311 of the Public Acta of 189SThe people of the state of Michigan Section That section No. 36 of act No 184 of the public acts of 1S93, entitled "An act to provide for the ment, v ganizaliin, equipmer.t. maintenanci and discipline of the naval militia of the state," approved May 31, 1893, as amended by act No. 211 of the public acts of 1895, be and the same is hereby further amended so as to read as follows: . .Section 3fi. For the purpose of providing the funds necessary for organizing, maintaining and equipping the forces of the state naval brigade, by law authorized and established, it shall be the duty of the auditor general at he time of apportioning the state taxes, o apportion among the several coun:ies of the state each year, in proportion to the whole amount of real and personal property therein, as equalized y the state board of equalization, a sum equal to one-half of 1 cent for each person whom it shall appear, by the last prececing census, was a resident of this state, whioh sum so apportioned shall be collected in the same manner with other state taxes and shall constitute and be designated as the state naval militia fund. All provisions of law relative to the collection and disbursement of the state militarv fun, as by law established and created, shall apply to and govern the collection and disbursement of the said state naval militia fund. 'From said state naval militia fund it shall be and maybe lawful for the state military board, with the approval of the commander-inchief, to pay and refund all sums paid and disbursed by any división or divisions of the naval militia for expenses of the adjutant general's office or for freight or transportation of arms or other articles of equipment, loaned or furnished by the United States government. No moneys except those expressly apportioned by law for use, support and maintenance of the naval forces of the state troops shall be employed for any such purpose, and all moneys raised and appropriated for military purposes shall, unless otherw)se expressly provided by law, be deemed to be raised and appropriated for the solé and exclusive use, support and maintenance of the land forces of the state militia. This is ordered to take immediate effect. Approved April 15, 1838. AN ACT Authorizing a War Loan aiid Provldingf for the Disbursements of the Proceeds THerefrom and for a War Loan Sinking Fund for the Purpose of J.iijiiiclatiiig the Loan. Whereas, The United States has reached a crisis making it likely that the president may cali on the state of Michigan for troops and for a naval contingent; and Whereas, It has become necessary for the several states to be prepared for alí calis of a military nature made by the general government; therefore: The people of the state of Michigan enact: Section 1. That the governor and state treasurer be and they are hereby authorized and directed, in the name and on behalf of the péople, and upon the faith and credit of this state, for the purpose of organizing a national guard, naval militia and the volunteer militia for the purpose of repelling invasión or defending the state and nation in time of war against all enemies and opposers whatever, to purchase and contract for a loan or loans for such sum or sums of money as may be necessary for the purposes herein specifted, not exceeding $500,000 in all, on the most favorable terms that, in their judg-ment, can be obtained, redeemable at the pleasure of the state at any time not less than five, nor more than ten years from the flrst day of May. 1S9S, at a rate of interest not to exceëd 4 per cent. (4) per annum, payable semi-annually on the flrst days of May and November in each year. Such loans shall be known as the Michigan war loan of 1S98. The proceeds of such bonds shall be credited to the war fund and shall be paid out in no other manner and for no other purpose than in this act speciñed. The principal, as well as the interest accruing upon the bonds issued under this act shall be payable from the war loan sinking fund hereinafter provided for. Section 2. For the purpose of effectingr the loan or loans by this act authorized, the governor and state treasurer are hereby empowered and directed to cause to be issued bonds of the state of Michigan from time to time as they may deern necessary in sums not less than one hundred dollars ($100) each to be signed by the governor and countersigned by the secretary of state and state treasurer, with the seal of state affixed thereto, and the coupons for interest thereto attached. Both principal and interest of all bonds under five hundred dollars ($500) shall be payable in the city of Detroit, and for principal and interest of amounts over five hundred dollars ($500) in the city of New York. The bonds shall bf drawn in favor of the auditor general and when lndorsed by him, become negotiable in such manner as the governcr and state treasurer may deem expedient. Section 3. The moneys arising from the sale of the bonds, by this act thorized to be issueu, shall be paid into the treasury of the state to the credit of the war fund, and shall be drawn therefrorr. upon the warrants of the auditor general, which warrants, payable to Mie quartermaster general, shall be issued upon proper requisitions of the, quartermaster general of the state, aftér the governor shall have certified that the amount stated in the requisition is needed for the purposès speeified in thls act. The moneys provided by this act may be used for the purpose of recruiting, enlisting, organiz ing, arming and equipping the militarjforees hereln mentioned, and for the purchase and distribution of all neces sary military and naval stores, -svheth er of subsistence, clothing, pay, medi eines, field, camp and vessel equipage arms. munitions, and equipments fo such organizatiens of the nationa guard, naval militia and voluntee militia of this state as may be mus tered into the service of this state, o of the United States, under the provis ions of any law of this state, or unde any cali from the president of the Unit ed States: Provided, That no money authorized by this act shall in any waj be construed as applicable for the or dinary expenses of the naval militia o national guard. as contemplated by th laws of the state making direct appro priatlons for the general expenses o these organizations. Warrants payabl to the quartermaster general may b issued by the auditor general upo proper requisitions of the , ter general, certified by the governor as hereinbefore provided, for such amounts as they shall deem necessary frorrrtime to time, and the expenditures of the money thus drawn by the quartermaster general, shall be accounted for under the provlsions of the general accounting laws applicable to such cases. Provided further, Warrants may be issued by the auditor general upon proper vouchers certified by the governor for advances made by the quartermaster general of the state for expenditures already Incurred for the purposes herein specified. Section 4." All claims and accounts iccruing against this state for expenses and disbursements authorized by this act, shall be audlted and allowed by the Btate military board, in the same manner that other military accounts are now audited and allowed, but they shall be kept in the accounts of the quartermaster general, as a distinct fund, separate and apart from the other accounts kept by him. Seetion 5. The bonds issued under this act shall be numbered consecutively and registered in a book provided for this purpose, which shall be kept in the auditor general's office. This register shall contain the date of the bond, the number, to whom issued, and the amount of each bond; also the date of redemption, number of bond, of whom received and amount of each bond. There shall also be kept in the auditor general's office a register showing the date of the bond, the number, amount, date each coupon is due and the cancellation of such coupons as are paid, with reference to the number of the voucher paying the same. Whenever any such bond shall be paid, the same shall be immediately cancelled by the treasurer and the auditor general shall also keep a full record of all the bonds taken up and paid as provided above. And immediately after the record shall have been made as aforesaid, Ihe bonds so paid shall also be cancelled by writing across the face of each bond, which cancellation shall be signed by the 'auditor general and state treasurer, and such bonds thus cancelled shall be flled with the voucher as the basis of the auditor general's warrant for' their payment. Section 6. For the purpose of providng for the payment of the bonds isued under this act, and thé interest hereon, there shall be assessed on the axable property of the state as fixed jy the state board of equalization in he year 1896, and in each year hereafter until the several amounts evied under this act shall become ufficient to extirig-uish the debt created herein, the sum of % of a mili on each dollar of said taxable property to be asesssed and paid into the treasury of the state in like manner as other state naxes are by law levied, assessed and paid. which amount thus levied shall be credited each year to the war loan sinking fund as herein directed: Provided, That should the last levy necessary under this act produce a credit to the said war loan sinking fund in excess of the amount required to pay all bonds and interest thereon, such excessive credit if any shall when all bonds issued under this act and all interest accrued thereon have been paid, be transferred to the general fund upon the books of the state. Section 7. The faith of the state is hereby pledged for the payment of principal and interest of the bonds which may be assessed under the provisions of this act. Section S. It shall be the duty of the governor, by and with the advice and recommendations of the atate military joard, to expend such part of the above fund as may be necessary to recruit, enlist, discipline, organize, instruct and thoroughly arm and equip the military bodies in this act mentioned for such active service as may be required of them. Section 9. Not less than three months before the maturity of the option of the state to redeem any or all of the bonds issued hereinunder, the treasurer shall give notice by advertisement for one week in two dally papers and for four weeks in the weekly sdition of the same paper published in the city of Detroit designating the time when, and the number of said bonds which wlU be redeemed and the interest on such tfbnds as are described in such advertisement shall cease from the date specified for the redemption of such bonds: Provided, That should the condition of the wár loan sinking fund at the date aforesaid be such as to permit the redemption of only a portion of the loan, the bonds to be redeemed shall be determined by the state treasurer in the following manner, viz: The treasurer shall cause numbers corresponding with the numbers of all bonds issued under this act to be placed in a box to be provided for that purpose and shall, in the presence of the governor and auditor general, proceed to draw therefrom numbers of bonds equal in amount as nearly as may be to the money in the state treasury applicable to the redemption of said bonds. The numbers thus determined shall be the ones used in the advertisement herein provided: Provided further, That in case the treasurer shall at any time before the state is authorized to redeem any of the bonds issued hereinunder. have an opportunity to purchase any of said bonds at par with accrued interest thereon. he is hereby authorized fo use any funds in the treasury available for this purpose. This act is ordered to take immediate effect. Approved April 15, 1S98. AN ACT To Promote the Efficiency of the Michigan National Guard and Naval Militia of the State, and to Provide for the Organization of the Volunteer Militia, iu Case of Euaergeucy. The people of the state of Michigan enact: Section 1. That in case of threatened war or invasión of this state, or of' the United States, the governor of this state is authorized by the issuance of the proper orders to cause a,ny or all the companles of the Michigan national guard to be increased to a strength of not exceeding 150 enlisted men for each company. Section 2. Whenever a company is increased in accordance with the preceding section to a strength of 100 men or more, such company shall be offlcered by a captain, one first lieutenant, and one senior and one junior secorid lieutenant. The non-cornmlssioned oflicers of a company shall consist of ftve sergeants of the line, and one commissary sergeant and eight corporals. When a company shall eonsist of over 100 men, there shall be eight sergeants of the line, and twelve corporals. In such case there shall be three musicians. Section 3. In case troops of the state of Michigan are called into the field, for the of recruiting them j inally and of keeping the organizations up to maximum strength, the governor raay appoint and commission recruiting ! officer" and paymasters, and assign thern to duty at such points in the state as he may desígnate. Such offlcers may be of any rank not higher than major, and shall hé paid the proper pay of officers of like grade in the United States j army or navy. Section 4. lt shall be the duty of j such offlcers to enlist and muster recruits fcr the organizations from this state that may be in the military and naval service under any order of the president of the United States, and for those which are being prepared for such service. Such offlcers shall organize, instruct, drill and discipline the troops and naval forces enlisted in such manner as they shall from time to time be ordered to do by the governor in accordance with military and naval laws, regulations and customs of service. Section 5. In case the recruits so enlisted for the infantry arm of the service shall not be needed to fill the regiments in active service, or in case it shall be advisable to organize volunteer ' regiments, the governor by and with the advice and recommendation of the state military board may organize regiments of eight companies eaeh, each company to consist of not less than 100 nor more than 150 enlisted men, with the same number of noncommissioned offièërs and musicians, and the same number. of company officers of the same rank as are provided for in section 2 of this act. Each regiment shall eonsist of two battaüons of four companies each. The field officers of a regiment shall eonsist of one colonel, one lieutenant colonel and two majors. The staff shall eonsist of one, surgeon with the rank of major, one assistant surgeon with the rank of captain, one chaplain with the rank of captain, one adjutant and one regimental quartermaster, each with the rank of first lieutenant. Skeleton regiments may be formed and recruited. The non-commissioned staff shall be the same as that of.an infantry regiment of the United States army. The commissioned officers of regiments so organized shall be appointed and commissioned by the governor. Regimental bands may be enlisted and mustered and shall eonsist of the like number of musieianá as the band of an infantry regiment in the United States army at the present time. Offlcers and enlisted men shall be paid from the time they are placed on duty with the pay of like grades in the United States army. Artillery and cavaJry and naval organizations may be enlisted and, in case they shall be, these arms of the service shall be organized in the same manner as the regular establishment of the United States army and navy are organized in time of war, and the foregoing provisions as to recruiting and recruiting officers shall apply to their organization. Camps of instruction may be ordered. Section 6. Wherever the organization of troops or naval forces, under this act, is not herein specially provided for, such organization shall, as nearly as may be, conform to the laws, regulations and custcms of of the United States army or navy. Section 7. Whenever, in the discretion of the governor, the necessity for an increased strength of the cmpanies of the Michigan national guard then within the state of Michigan shall no long-er exist he shall reduce such, eompanies to the maximum strength provided for under the laws in force prior to the passage of this act. Such reduction shall be accomplished by mustering out all men unfit for service, and in the discretion of the governor all who shall apply for discharges. If these cases fail to reduce any company to its maximum strength under laws in force before the passage of this act, then such enlisted men as shall be reccanmended by their eompany coramanders formuster out, shall be discharged. If four company offlcers still remain to the eompanies, the junior seconJ lieutenant shall be mustered out. All such musters out and discharges shall be honorable, unless reasons exist under military laws for musters out and discharges of a different nature in individual cases. Section 8. - In case of a tle vote on an election of offlcers in any organization of the Michigan national guard. the proceedings at the election shall be at once returned to the adjutant general, and the commander-in-chjef shall appoint and commission offlcers to fill the positions for which sueh election was held; such appointnients shall be for the same term as if such offlcers had been elected, and the appointees shall take rank from the date of appointment. Section 9. In case the congress of the United States shall pass laws applying to the military or naval forces of all the states, or the president shall cali for different organization of troops from that herein provided-, this law shall be in force only so far as it is not in conflict with the lawg of the United States, or with the cali of the president. In either case above mentioned, troops shall be organized in accordance with the laws of the United States or the president's cali as the case may be. . Section 10. Officers of the line, staff and general staff not on duty cmtside the state may be assigned to active ' duty in connection with the organization of troops under the provisions:;of this act in accordance with their rartk, and when so assigned shall recelve the same pay as officers of like grade in the United States army. Section 11. All acts and parts of acts heretofore passed by the legislature of the state of Michigan in conflict with this act are hereby repealed. This act is ordered to take immediate effect. Approved April 15, 1898.