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Mr. Samuel F. Cook of Washtenaw was chosen Secretary

pro tem.


The chairman pro tem., on taking the chair, addressed the Commission as follows:

GENTLEMEN OF THE COMMISSION:—I thank you for this favor in honoring me with the position of temporary chairman of a body of citizens of Michigan who are commissioned by his Excellency, Governor Bagley, to report amendments for the revision of the Constitution of the State. We are called here from among the people, not as the representatives of a party, not as political partisans; but it is expected of this assembled Commission that it shall honestly and fairly submit such change in the constitutional law of Michigan as the interests of a great and growing people demand--a people who hold rank in material wealth second to no other State in the Union.

We have, in our large extent of territory, in its extremes, north and south, in what has already been developed, and what may reasonably be expected to be developed in the future, a mining interest second to none on earth; an agricultural and fruit interest which is attracting the attention of the eastern world ; a lumber, salt, and fishing interest which, now in its infancy, is measured by the capital of many millions of dollars; a home carrying trade, over our lines of railroad, and a shipping interest connected with the lakes which has increased in value, within a very few years, almost beyond calculation every acre of land within the limits of Michigan: all these interests are to be advanced by wise constitutional enactment.

The powers of your Executive, your Judiciary, and your Legislative departments are connected with all these varied interests, and therefore the weighty responsibility resting on those who propose and submit provisions of Constitutional Law.

While we are dealing with the material interests of our people, we will not, of course, forget that the great, the crowning excellence of our own State of Michigan, is its educational system; its beams of light are flashing, not only over our own pleasant peninsula, but they are streaming out far beyond its boundaries, and the people of other States and countries accord to us the full measure of wisdom in taxing our property to give to their children an intelligence that will enable them to legislate and provide for the future. Let our system of education be fostered and encouraged by the proper action of this Commission.

Thanking you again for the honor conferred upon me, let us now attend to the business before us.

On motion of Mr. Upson,
The Commission took a recess until 3 o'clock this afternoon.


3 o'clock, P. M. The Commission met pursuant to adjournment, and was called to order by the Chairman oro tem.

Roll called ; quorum present.

The following additional members, being present, took and subscribed the oath of office and took their seats :

Third District-Isaac M. Crane of Eaton.

Fifth District-Solomon L. Withey of Kent, Lyman G. Mason of Muskegon.


The Chairman pro tem. announced the following communication :



Lansing, August 27th, 1873. To the Chairman of the Commission for the Revision of the Constitution:

SIR:-By direction of the Governor, I herewith transmit eighteen copies of volume one of the laws of 1873 for the use of the Commission.

Very Respectfully,


Secretary of State.


On motion of Mr. Meddaugh,
The Commission proceeded to ballot for a presiding officer.

The Chairman pro tem. appointed as tellers to canvass the ballot, Messrs. Moffat and Riley.

The ballot having been canvassed the tellers announced that there had been 13 votes cast, of which Mr. S. M. Cutcheon had received seven ; Mr. S. L, Withey, three; scattering three.

On motion of Mr. Withey,

The election of Mr. S. M. Cutcheon as permanent chairman, was made unanimous.


The Chairman, on taking the chair, said:

GENTLEMEN OF THE COMMISSION,—I am strongly sensible to the great honor you have conferred upon me, in choosing me to preside over your deliberations. I have only to pledge you I will endeavor to discharge the duties of the position to the best of my ability.


On motion of Mr. Jerome,

The members of the Commission proceeded to ballot for the office of clerk.

Tellers reported the following vote: For Henry S. Clubb...

12 For Samuel F. Cook..


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Mr. Henry S. Clubb subscribed and took the oath of office and took his seat as Clerk of the Commission.

On motion of Mr. Upson,
The Chairman was authorized to appoint two messengers.
On motion of Mr. Moffatt,
The Clerk was authorized to appoint a messenger.
On motion of Mr. Withey,

The Chairman was authorized to appoint a committee on rules.

The Chair announced as committee on rules, Messrs. Withey, Riley, and Willits.

Mr. Hatch moved that the Commission proceed to appoint a Stenographer.

The motion did not prevail.
On motion of Mr. Moffatt,
The Chairman was authorized to appoint a door-keeper.
On motion of Mr. Withey,

The Commission adjourned until 9 o'clock to-morrow morning


LANSING, Thursday, August 28, 1873.

The Commission was called to order at 9 o'clock.

Rev. Mr. Robinson opened the session with prayer.
Roll called : quorum present.
The following additional members being present, subscribed,
took the oath of office, and took their seats:

Sixth District-Lysander Woodard, Oakland.
Ninth District-James R. Devereaux, Houghton.


Mr. Withey, from the committee on rules, made the following report:

To the Constitutional Commission: Your committee to whom was referred the subject of rules for the government of the Constitutional Commission of 1873, respectfully report that they have had the subject under consideration, and recommend the adoption of the following


1. The Chairman shall call the Commission to order at the time to which it stands adjourned, and thereupon the roll of members shall be called by the Clerk.

2. Upon the appearance of a quorum, the journal of the preceding day shall be read by the Clerk, unless otherwise ordered, and any mistake therein corrected.

3. After the reading of the journal of the preceding day, the order of business shall be as follows:

1. Presentation of Petitions.

II. Reports of Standing Committees.
III. Reports of Select Committees.
IV. Motions and Resolutions.

V. Third Reading of Articles.
VI. Unfinished Business.
VII. Special Orders of the Day.
VIII. General Orders of the Day.

4. The Chairman shall preserve order and decorum, and shall decide questions of order, subject to an appeal of the Commission.

5. The Chairman shall vote upon all questions taken by yeas and nays, except on appeals from his own decisions, in which case he shall not vote.

6. The Chairman may leave the chair and appoint a member to preside, but not for a longer time than one day, except by leave of the Commission.

17. When two or more members rise at once, the Chairman shall designate the member who is first to speak.

8. All resolutions and motions shall be in writing, when required by the Chairman, and be endorsed by the member introducing the same.

9. When a question shall be under debate, no motion shall be received but the following, to wit:

I. To adjourn;
II. To lay on the table;
III. For the previous question ;
IV. To postpone to a day certain;

V. To commit;
VI. To amend ;
VII. To postpone indefinitely;

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