By a vote of two-thirds of all the members, elect the bill was ordered to take immediate effect. On motion of Mr Armstrong, The House adjourned until to-morrow morning at 9 o'clock. Lansing, Saturday, August 6, 1870. The House met pursuant to adjournment, and was called to order by the Speaker. Prayer by Rev. Mr. Bryant. Roll called: quorum present. Absent without leave: Messrs. Dusseau, Mandigo, Mason, Plimpton, Sanford, H. G. Williams, J. A. Williams and Yawkey. Mr. Millington moved that leave of absence be granted Mr. Mandigo until 11 o'clock; Which motion did not prevail, Mr. Riford moved that leave of absence be granted to Mr. Plimpton until afternoon; Which motion did not prevail. Mr. G. G. Briggs moved that leave of absence be granted Mr. J. A. Williams until Tuesday morning; Which motion did not prevail. PRESENTATION OF PETITIONS. By Mr. Fuller: petition of D. P. Hanson and others, for the appointment of Jonathan Burtch to the office of notary public. Referred to the committee on internal improvements. MOTIONS AND RESOLUTIONS. Mr. Stewart offered the following: Resolved, That hereafter, during this session, the time for delivering each argument, or explanation by a member, be limited to a period not exceeding five minutes; Which was adopted. Mr. Cogshall moved to reconsider the vote by which the House passed House manuscript bill, entitled A bill to provide for the payment of the officers and members of the Legislature for the extra session of the year 1870; Which motion did not prevail. UNFINISHED BUSINESS, Being the consideration of the following: Resolved, (the Senate concurring,) That this Legislature do adjourn sine die on Wednesday, the 10th day of August, at 12 o'clock M. Mr. G. G. Briggs moved to amend by striking out "Wednesday, the 10th," and inserting "Tuesday, the 9th;" Which motion prevailed. The resolution as amended, was then adopted. Mr. Huston moved that the House take a recess until 11 o'clock. Mr. Stewart moved that the House adjourn until Monday next, at 2 o'clock P. M.; Which motion did not prevail. The motion to take a recess until 11 o'clock then prevailed. 11 o'clock A. M. The House reassembled and was called to order by the Speaker. Roll called: quorum present. Mr. G. G. Briggs, consent being given, moved to take from the table Senate joint resolution No. 7 entitled Joint resolution proposing an amendment to the Constitution of the State of Michigan, by adding thereto a new article, to stand as article 19a, entitled "Of Railroads;" Which motion prevailed. The joint resolution having been read a third time, and the question being upon its passage, pending the taking the vote thereon, Mr. Huston moved that there be a call of the House; PROCEEDINGS UNDER THE CALL. The roll of the House was called by the Clerk, and the following members reported absent without leave: Messrs. Crossman, Mandigo, Mason, Osborn, Plimpton, Purcell, Sickels, Snell, Stewart, H. G. Williams, J. A. Williams and Yawkey. On motion of Mr. G. G. Briggs, The Sergeant-at-Arms was dispatched after the absentees. The Sergeant-at-Arms announced Mr. Snell at the bar of the House. On motion of Mr. Brownell, Mr. Snell was admitted within the bar, rendered an excuse, and took his seat. The Sergeant-at-Arms announced Mr. Sickels at the bar of the House. On motion of Mr. Baxter, Mr. Sickels was admitted within the bar, rendered an excuse, and took his seat. The Sergeant-at-Arms announced Mr. Mandigo at the bar of the House. On motion of Mr. Brownell, Mr. Mandigo was admitted within the bar, rendered an excuse, and took his seat. The Sergeant-at-Arms announced Mr. Plimpton at the bar of the House. On motion of Mr. Norton, Mr. Plimpton was admitted within the bar, rendered an excuse, and took his seat. Mr. Klein moved that all further proceedings under the call be dispensed with; Which motion did not prevail. The Sergeant-at-Arms announced Mr. Crossman at the bar of the House. On motion of Mr. Cameron, Mr. Crossman was admitted within the bar, rendered an excuse, and took his seat. The Sergeant-at-Arms announced Mr. Osborn at the bar of the House. On motion on Mr. Mead, Mr. Osborn was admitted within the bar, rendered an excuse, and took his seat. On motion of Mr. Brownell, All further proceedings under the call were dispensed with. The question recurring upon the passage of the joint resolution, which reads as follows: JOINT RESOLUTION proposing an amendment to the Constitution of the State of Michigan, by adding thereto a new article, to stand as Article 19-a, entitled "Of Railroads." Resolved by the Senate and House of Representatives of the State of Michigan, That the following amendment to the Constitution of the State be and the same is hereby proposed, to stand as Article 19-a, of said Constitution, and be entitled "Of Railroads:" ARTICLE XIX-A, RAILROADS. SECTION 1. All railroads heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law; and the Legislature shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on different railroads in this State, and shall prohibit running contracts between such railroad companies whereby discrimination is made in favor of either of such companies as against other companies owning connecting or intersecting lines of railroad. SEC. 2. No railroad corporation shall consolidate its stock, property, or franchises with any other railroad corporation, owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given of at least sixty days to all stockholders, in such manner as shall be provided by law. SEC. 3. The Legislature shall provide by law for the payment by the counties, townships, and municipalities of this State, of all bonds or other obligations heretofore issued or incurred in pursuance of acts of the Legislature, by such counties, townships and municipalities severally, for and in aid of any railroad company: Provided, That such bonds or obligations shall be paid by the county, township, or municipality issuing or incurring the same, and in no other manner: And also provided, That the Legislature shall submit to the electors of each of said several counties, townships, and municipalities, for their decision, the question of payment, together with the mode and manner of the same. SEC. 4. Cities, townships, or other municipalities may be authorized by the Legislature to aid in the construction of railroads to an amount not exceeding three per cent. of its assessed valuation: Provided, That the total amount of indebtedness authorized for all such purposes shall not exceed at any one time five per cent. of the assessed valuation of the municipality: And provided further, That no such aid shall be authorized without the vote of two-thirds of the electors of such municipality voting at any election duly called for that purpose. And none of the electors shall be deemed eligible to vote at said election unless he shall have resided in his ward, village, or township for three months previous to the day of such election. Or, to be substituted as SEC. 4. No county, city, township, or other municipality shall aid in the construction of any railroad, or take stock in any private corporation. The aforesaid amendment shall be and is hereby submitted to the people of this State at the next general election to be holden on the Tuesday succeeding the first Monday in November, 1870, as provided in section one, article twenty of the Constitution; and the Secretary of State is hereby required to give notice of the same to the sheriffs of the several counties of this State in the same manner that he is now required |