Изображения страниц
PDF
EPUB

CONSTITUTION OF MICHIGAN-1908.*

PREAMBLE.

We, the people of the state of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessing undiminished to ourselves and our posterity, do ordain and establish this constitution.

ARTICLE I.

BOUNDARIES AND SEAT OF GOVERNMENT.

SECTION 1. The state of Michigan consists of and has jurisdiction over the territory embraced within the following boundaries, 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 Maumee Bay shall intersect the same-said point being the northwest point of the state of Ohio, as established by 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, eighteen hundred thirty-six; thence with the said boundary line of the state of Ohio, until 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 Huron 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 westerly branch of the Montreal river to Island Lake, the head waters thereof; 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 down the River Brule 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 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 be at Lansing, where it is now established.

ARTICLE II.

DECLARATION OF RIGHTS.

Government is

SECTION 1. All political power is inherent in the people. instituted for their equal benefit, security and protection.

SEC. 2. The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the legislature for redress of grievances.

SEC. 3. 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

* The convention which drafted the constitution of Michigan assembled at Lansing on October 22, 1907, and adjourned on March 3, 1908. The constitution was submitted to the people on November 3, 1908, and was adopted by a vote of 244,705 to 130,783. The constitution was submitted as a whole, and no proposition was submitted separately. The constitution became effective on January 1, 1909.

minister of the gospel or teacher of religion. 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 b appropriated for any such purpose. The civil and political rights, privilege and capacities of no person shall be diminished or enlarged on account of hi religious belief.

SEC. 4. Every person may freely speak, write and publish his sentiment on all subjects, being responsible for the abuse of such right; and no law sha be passed to restrain or abridge the liberty of speech or of the press.

SEC. 5. Every person has a right to bear arms for the defense of himse and the state.

SEC. 6. The military shall in all cases and at all times be in strict subo dination to the civil power.

SEC. 7. No soldier shall, in time of peace, be quartered in any house wit out the consent of the owner or occupant, nor in time of war, except inj manner prescribed by law.

SEC. 8. Neither slavery nor involuntary servitude, unless for the punis ment of crime, shall ever be tolerated in this state.

SEC. 9. No bill of attainder, ex post facto law or law impairing the ob gation of contracts shall be passed.

SEC. 10. The person, houses, papers and possessions of every person shi be secure from unreasonable searches and seizures. No warrant to search ai place or to seize any person or things shall issue without describing them, without probable cause, supported by oath or affirmation.

SEC. 11. The privilege of the writ of habeas corpus shall not be suspend unless in case of rebellion or invasion the public safety may require it.

SEC. 12. Any suitor in any court of this state shall have the right prosecute or defend his suit, either in his own proper person or by an attorn or agent of his choice.

SEC. 13. The right of trial by jury shall remain, but shall be deemed be waived in all civil cases unless demanded by one of the parties in su manner as shall be prescribed by law.

SEC. 14. No person, after acquittal upon the merits, shall be tried for t same offense. All persons shall, before conviction, be bailable by sufficient sur ties, except for murder and treason when the proof is evident or the presum tion great.

SEC. 15. Excessive bail shall not be required; excessive fines shall not imposed; cruel or unusual punishment shall not be inflicted; nor shall wi nesses be unreasonably detained.

SEC. 16. No person shall be compelled in any criminal case to be a wi ness against himself, nor be deprived of life, liberty or property, without du process of law.

SEC. 17. No person shall be rendered incompetent to be a witness account of his opinions on matters of religious belief.

SEC. 18. In all prosecutions for libels the truth may be given in eviden to the jury; and, if it shall appear to the jury that the matter charged a libelous is true and was published with good motives and for justifiable emis the accused shall be acquitted.

SEC. 19. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have con pulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in courts of record, when the trial court shall so order, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.

SEC. 20. No person shall be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust. or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a military fine in time of peace.

SEC. 21. Treason against the state shall consist only in levying war against it or in 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.

ARTICLE III.

ELECTIVE FRANCHISE.

SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five; every male inhabitant residing in this state on the first day of January, eighteen hundred fifty; every male inhabitant. of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hundred ninetyfour, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months and in the township or ward in which he offers to vote twenty days next preceding such election Provided, That no qualified elector in the actual military service of the United States or of this state, or in the army or navy thereof, in time of war, insurrection or rebellion, or any student while in attendance at any institution of learning, or any member of the legislature while in attendance at any session of the legislature, or commercial traveler, shall be deprived of his vote by reason of his absence from the township, ward or state in which he resides; and the Legislature shall provide by law the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes.1

SEC. 2. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the 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 institution of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; except that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers' homes established by this state may acquire residence where such home is located.

SEC. 3. 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 military or naval place within the state.

SEC. 4. Whenever any question is submitted to a vote of the electors which involves the direct expenditure of public money or the issue of bonds, every woman having the qualifications of male electors who has property assessed

1Amendment proposed by the legislature of 1913 and ratified at the election of November 3, 1914. The text of the original section is as follows: Section 1. In all elections, every male inhabitant of this state, being a citizen of the United States: every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five; every male inhabitant residing in this state on he first day of January, eighteen hundred fifty; every male inhabitant of foreign irth who, having resided in the state two years and six months prior to the eighth lay of November, eighteen hundred ninety-four, and having declared his intention ⚫ become a citizen of the United States two years and six months prior to said ast named day; and every civilized male inhabitant of Indian descent, a native of he United States and not a member of any tribe, shall be an elector and entitled 0 vote; but no one shall be an elector or entitled to vote at any election unless le shall be above the age of twenty-one years, and has resided in this state six nonths and in the township or ward in which he offers to vote twenty days next receding such election: Provided, That in time of war, insurrection or rebellion no qualified elector in the actual military service of the United States or of this state. r in the army or navy thereof, shall be deprived of his vote by reason of his absence rom the township, ward or state in which he resides; and the legislature shall proide by law the manner in which and the time and place at which such absent electors any vote, and for the canvass and return of their votes.

minister of the gospel or teacher of religion. No money shall be appropriatel or drawn from the treasury for the benefit of any religious sect or society, theological or religious semiuary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.

SEC. 4. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of such right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.

SEC. 5. Every person has a right to bear arms for the defense of himself and the state.

SEC. 6. The military shall in all cases and at all times be in strict subor dination to the civil power.

SEC. 7. No soldier shall, in time of peace, be quartered in any house with out the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.

SEC. 8. Neither slavery nor involuntary servitude, unless for the punish ment of crime, shall ever be tolerated in this state.

SEC. 9. No bill of attainder, ex post facto law or law impairing the obli gation of contracts shall be passed.

SEC. 10. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, noj without probable cause, supported by oath or affirmation.

SEC. 11. 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. 12. Any suitor in any court of this state shall have the right prosecute or defend his suit, either in his own proper person or by an attornej or agent of his choice.

SEC. 13. The right of trial by jury shall remain, but shall be deemed t be waived in all civil cases unless demanded by one of the parties in suel manner as shall be prescribed by law.

SEC. 14. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sure ties, except for murder and treason when the proof is evident or the presump tion great.

SEC. 15. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall wit nesses be unreasonably detained.

SEC. 16. No person shall be compelled in any criminal case to be a wit ness against himself, nor be deprived of life, liberty or property, without due process of law.

SEC. 17. No person shall be rendered incompetent to be a witness of account of his opinions on matters of religious belief.

SEC. 18. In all prosecutions for libels 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 emis the accused shall be acquitted.

SEC. 19. In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have conpulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; and in courts of record, when the trial court shall so order, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.

SEC. 20. No person shall be imprisoned for debt arising out of, or founded on a contract, express or implied, except in cases of fraud or breach of trust. or of moneys collected by public officers or in any professional employment. No person shall be imprisoned for a military fine in time of peace.

SEC. 21. Treason against the state shall consist only in levying war against it or in 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.

ARTICLE III.

ELECTIVE FRANCHISE.

SECTION 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five; every male inhabitant residing in this state on the first day of January, eighteen hundred fifty; every male inhabitant of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hundred ninetyfour, and having declared his intention to become citizen of the United States two years and six months prior to said last named day; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months and in the township or ward in which he offers to vote twenty days next preceding such election: Provided, That no qualified elector in the actual military service of the United States or of this state, or in the army or navy thereof, in time of war, insurrection or rebellion, or any student while in attendance at any institution of learning, or any member of the legislature while in attendance at any session of the legislature, or commercial traveler, shall be deprived of his vote by reason of his absence from the township, ward or state in which he resides; and the Legislature shall provide by law the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes.1

SEC. 2. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the 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 institution of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; except that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers' homes established by this state may acquire a residence where such home is located.

SEC. 3. 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 military or naval place within the state.

SEC. 4. Whenever any question is submitted to a vote of the electors which involves the direct expenditure of public money or the issue of bonds, every woman having the qualifications of male electors who has property assessed

1Amendment proposed by the legislature of 1913 and ratified at the election of November 3, 1914. The text of the original section is as follows: Section 1. In all elections, every male inhabitant of this state, being a citizen of the United States; every male inhabitant residing in this state on the twenty-fourth day of June, eighteen hundred thirty-five; every male inhabitant residing in this state on the first day of January, eighteen hundred fifty; every male inhabitant of foreign birth who, having resided in the state two years and six months prior to the eighth day of November, eighteen hundred ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day; and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this state six months and in the township or ward in which he offers to vote twenty days next preceding such election: Provided, That in time of war, insurrection or rebellion no qualified elector in the actual military service of the United States or of this state. or in the army or navy thereof, shall be deprived of his vote by reason of his absence (rom the township, ward or state in which he resides; and the legislature shall provide by law the manner in which and the time and place at which such absent electors may vote, and for the canvass and return of their votes.

« ПредыдущаяПродолжить »