panies having any of the powers or privileges of corporations not possessed by individuals or partnerships.*

NOTE.-Sections 8 and 16 of present article XV, relative to amendments of charters of existing corporations, are omitted, as all such amendments are prohibited by section one of this amended article. Section nine, which provides that "the property of no person shall be taken by any corporation for public use, without compensation being first made or secured in such manner as may be prescribed by law," is omitted, the ground being covered by sec. 22 of article II and sec. 5 of article XVII of the revision,

Sections 13 and 14 of article XV of the present constitution, relating to cities and villages, are embraced in sections 14 and 16 of amended article X, and section 15, relating to the taking of private property for public improvements in cities and villages, is represented in section 5 of amended article XVII, and section 22 of amended article II.

ARTICLE XII.

IMPEACHMENTS AND REMOVALS FROM OFFICE.

2.

SECTION 1. The house of representatives shall have the Art. 12, sec. sole power of impeaching civil officers for corrupt conduct in office, or for crimes and misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment. SEC. 2. Every impeachment shall be tried by the senate. When the governor or lieutenant governor [is] shall be tried, Art. 12, sec. the chief justice of the supreme court shall preside. When an impeachment is directed, the members of the senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. Judgment in case of impeachment shall not extend further than removal from office; but the party accused, whether acquitted or convicted, shall be liable to trial and punishment according to law.

SEC. 3. When an impeachment is directed, the house of Art. 12, sec. representatives shall [elect] appoint from their own body, [three members] a committee whose duty it shall be to prosccute such impeachment. An impeachment may be tried after the final adjournment of the legislature.f

4.

SEC. 4. No [judicial] officer shall exercise his office after an Art. 12, sec. impeachment is directed, until he be acquitted, but such disa

The last clause of this section, which provides that "all corporations shall have the right to sue and be subject to be sued in all courts, in like cases as natural persons," is omitted as superfluous.

The last clause of the corresponding section says that no impeachment shall be tried until after the final adjournment of the legislature, when the senate shall proceed to try the same.

Art. 12, sec. 6.

Art. 12. sec.

7.

Art. 12, sec.

8.

bility shall not continue longer than three months, unless the trial of such impeachment shall have been commenced and proceeded with.*

SEC. 5. For a reasonable cause, which shall not be a sufficient ground for the impeachment of a judge, the governor shall remove him on a concurrent resolution of two-thirds of the members elected to each house of the legislature, after the party accused shall have had an opportunity to be heard in his defense; but the cause for which such removal is required shall be stated at length in such resolution.

SEC. 6. County, township, city, village or school district officers, may be removed in such manner and for such cause as may be provided by law.

SEC. 7. The governor shall have power, and it shall be his duty, except at such times as the legislature may be in session, to examine into the condition and administration of any public office and the acts of any public officer, elective or appointed, to [remove] suspend from office for gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein, either of the following State officers, to wit: The attorney general, state treasurer, commissioner of the state land office, secretary of state, auditor general, superintendent of public instruction, or members of the state board of education, or any other officer of the State, except legislative and judicial, and to appoint a successor for the remainder of [their respective] the unexpired term of office, and report the cause of such removal to the legislature at its next session.

SEC. 8. Whenever, during a recess of the legislature, it shall, in the opinion of the governor, become necessary to direct an impeachment of any civil officer, he may, by proclamation, convene the house of representatives for that purpose; and if the house, when so convened, shall direct an impeachment, he shall in like manner immediately convene the senate to try such impeachment; and whenever, in the opinion of the president of the senate and speaker of the house of representatives, it shall, during a recess of the legislature, become necessary to direct an impeachment of the governor, they may, by their joint proclamation, convene the house for that purpose; and if the

* The corresponding section of the present constitution refers only to judicial officers. By the omission of the word "judicial," it is made applicable to all officers. The italicised portion of the section is added to guard against the contingency of a partisan majority in the legislature virtually removing an officer by directing an impeachment and neglecting to try it.

house direct such impeachment, the said president and speaker shall, in like manner, immediately convene the senate to try such impeachment.* *

SEC. 9. The governor may make a provisional appointment Art. 12, sec. to fill a vacancy occasioned by the suspension of an officer, by 5. impeachment or otherwise, until he shall be acquitted, or until the election or appointment and qualification of a successor.

ARTICLE XIII.

EDUCATION.

SECTION 1. The superintendent of public instruction shall Art. 13, sec. have the general supervision of public instruction, and his duties shall be prescribed by law; and he shall be a member, ex-officio, of the boards of all State educational institutions, including the reform school.

SEC. 2. The regents of the university and their successors Art. 18, secs. in office shall continue to constitute a body corporate by the 6, 7, and 8. name and title of "The Board of Regents of the University of Michigan." Said board shall consist of the two ex-officio members provided for in this article, † and eight elective members. The terms of office of the elective members shall be eight years, and two of such members shall be elected every second year at the time of the annual township election, so as to succeed the regents now in office as their several terms expire. Said board of regents shall, as often as necessary, elect a president of the university, who shall be its chief executive officer, and, ex-officio, a member and president of said board, with the privilege of speaking, but not of voting. supervision and control of the university shall be vested in the board of regents, and said board shall have the direction and control of all expenditures from the university funds; but all moneys appropriated by the legislature to the university upon condition, shall, if accepted, be applied as provided in the condition accompanying the appropriation. ‡

The

*This new section is regarded as important to meet contingencies that may arise.

The president of the university and the superintendent of public instruction.

This section embraces the subject matter of sections 6, 7, and 8, of article XIII of the present constitution. The only material changes are, the recognition of the superintendent of public instruction as a member ex-officio of the board of regents, and the clause relating to the government of the university. The corresponding provision of the present constitution on this subject, (sec. 8, article XIII), is as follows:

SEC. 3. The state normal school shall continue under the supervision of the state board of education, which shall consist of the superintendent of public instruction, ex-officio, and three elective members. The terms of office of said elective members shall be six years, and one of said members shall be elected every second year, at the time of the election of governor, and shall enter upon the duties of his office on the first day of January succeeding his election. Said board shall perform such other duties as shall be prescribed by law.*

SEC. 4. The duties of the boards of the state public school. the agricultural college and the reform school, shall continue as now, or as shall be prescribed by law.

SEC. 5. Any vacancy that shall occur in any of the boards mentioned in this article shall be filled by appointment of the Governor. t

SEC. 6. The legislature shall provide a system of primary schools, by which a school shall be maintained in each school district in the State, free of charge for tuition, at least three months in the year. The instruction shall, in all cases, be conducted in the English language. ‡

Art. 18, sec.

2.

SEC. 7. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from general taxes for the support of schools.||

SEC. 8. The proceeds from the sale of all lands that have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the

"The board of regents shall have the general supervision of the university, and the direction and control of all expenditures from the university interest fund." The change is intended to remove an ambiguity in the present constitution on the subject.

* This section is generally changed in phraseology. The word "general," as a qualifying term before the word "supervision," in the last clause of the existing section, is omitted from the first clause of the amended section.

This and the preceding section are new. The power of appointment conferred by section five exists at present as to regents only, by section six, article XIII, of the present constitution.

Changed in phraseology only.

The insertion of the word "general," as italicised in this section, is an important change. It relieves from the penalty of forfeiture for default in the maintenance of schools, all funds raised by defaulting districts for special purposes. By the section as it stands in the present constitution all such funds would be forfeited.

State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.

3.

SEC. 9. All lands which have heretofore escheated, or which Art. 18, sec. shall hereafter escheat to the State, shall inure to the benefit of the primary school fund, and be held and disposed of as primary school lands.*

12.

SEC. 10. The legislature shall provide for the establishment Art. 18, sec. and maintenance of [at least one] a library in each township, and of at least one in each city. And all moneys belonging to the public derived from fines, penalties, forfeitures or recognizances, imposed or taken in the several counties, cities or townships for any breach of the penal laws of the State, shall be apportioned in the same manner as is the income of the primary school fund, and paid over to the several cities and townships of the county in which such money accrued, for the support of such libraries. †

10.

SEC. 11. Institutions for the benefit of those inhabitants Art. 13, sec. who are deaf, dumb, blind or insane, shall always be fostered and supported.

NOTE.-Section 11 of the present article, relating to the encouragement of intellectual, scientific and agricultural improvement, to the establishment of an agricultural school, to the disposition of salt spring lands, etc., is omitted as obsolete.

ARTICLE XIV.

FINANCE AND TAXATION.

SECTION 1. The Legislature [may] shall provide for the col- Art. 14, sec. lection of specific taxes from banking, railroad and plank-road 10. corporations, and may, in its discretion, impose specific taxes upon other corporations, and upon any property or business within this state; but when a specific tax is imposed upon a

*This section is changed in phraseology. By the section which it stands in lieu of, only lands that escheat "from a defect of heirs," go to the school fund. By the section as amended, all lands escheating to the State take that direction.

The first clause of this section provides for libraries in cities as well as townships, and the verbal changes are shown by italics and brackets. The balance of the section is changed in phraseology. Instead of "fines," simply, it covers "fines, penalties. forfeitures or recognizances. The present section covers only fines collected in "counties and townships," while the amended section embraces "counties, cities and townships.”