Ypsilanti sentinel. [volume] (Ypsilanti, Washtenaw Co., Mich.) 1843-1900, 1846-01-14

laws of Michigan thus far, has been favourable to |
the welfare of the citizens and the body polite, is
too well attested by TIE universal safety and pros
perty of the country to admit of doubt. Deficits
and ncongruties have however been observed inthem
ard experience has doubtless suggested many salu-
tary reforms which may judiciously be engrafted
upon them. With the work of the revser, careful
y prepared before you the duty of passing upon the
revision is committed to your hands. The great OBJ
ect of government and of law is to the rights
and happiness oflndividuals, and to do this in the
most simple, direct and economical manner possible.
For this purpose the subject of the expenses of
government and of the administration of the laws
will demand careful attention. ltmay we'll be ques
toned whether the machinery of township, county
and state administration, may not in some respects
be simpfed and some of the Office abolished without
detrment to the public interest. recommend also
careful examination of the laws relative to the APP
pointment of officers, with view to committing to
the people themselves, the choice of large number
of the public servants. proper graduation of the
salaries of officers should also be secured, to
void giving in any case compensation dispropo-
rtiOned to the labor and responsibility, and at the
same time to bestow reward sufficiently liberal to
enable the public to command the efficient services
of the best and abest men. In revising the laws
relative to the Judcaryand the proceedings in Courts
of Justice, especial should be had to establish
system simple and efficient In its operations
mical to the public and such shall best the
rights of parties litigant would also respectfully
recommend to your consderaton,the propriety of dis
pensing with the trial by jury in all cases, unless
of the parties shall signify his desire to have jury
called in the case and modification of the rules of
evidence, requiring the Court to hear and determine
the question of alleged interest in witness whose
testimony is offered for the jury, and to exclude
him if such interest be established. These and many
other matters which will readily suggest themselves,
are well worthy the consideration of tn, Legislature
in adopting revision of the laws. Crude and ill
dgested innovations endangeringthe public interests
should be rejected, while at the time due
gard to the general welfare requires the adoption of
: all such provisions manifesty tend to advance
the public good, and secure the efficient admnstra-
ton of justice.
The present statutes being familiar to our citizens
and many of them having received judicial cOnstruc-
ton, 1t would be sound policy to retain, without
alteration, such portions of them as are free from
objection. Excessive legislation and constant change
In the statutes have given rise to many inconvenien
ces which have often been attributed to other
is to be hoped that the revision of the laws may
OF such character as to secure favorable reception
from the people, and also to prevent in future those
frequent and unnecessary alterations under which the
public interest always suffers. 1t cannot be expec
ted, however, that any general revision be adop
ted and GO into operation, although beneficial in al
its provisions, without occasiOning some inconven
fence. Time will be requisite for the community tt
become familiar with its requirements and its RENE
Dies and to conform themselves and their business
to It's provisions. 1t should be remembered by all
y that full and fair trial of such code when once
doped by the proper authorities, necessary for thu
- public interest, and that permanently and stability il
the provisions of our statutes the best security
= for individual rights.
r of Banking Institutions.
r The disasters which have been brought upon tn,
people OF Aichgan,by the numerous banking nstitu
tons created within limits, have had the effec
for the last few years, to check the granting of snc
chartered privileges by Legislative enactment. Sine
state organizations there have been in operation
eleven bank charters granted by the territorial gov
lie ernment and seven under enactments of the stat
Legislatures. There also established under tn
provisions of act to regulate banking association
: approved March 18th, 1897, and usually donomina
ted "general banking law" orty-nne associations
By an act of the Legislature, approved FEBRUARY 9Th
- 1912, the corporate rights and privileges of forty
n seven OF these banking associations expressl
- annulled, and provision made for closing up the
y. affairs By another act of the date, the act
IF Incorporating all the chartered banks then in opera
is tion excepting the Bank of st. Clair, the Bank
If River Raisin, and the Farmers and Mechanics Ban
If OF Michigan, were expressly and by name repeae
r. reservng, however, to five of them the right to re
tain their corporate powers upon certain specific term
10 The Oakland County Bank has awaited itself of th
n right. and is in operation Of that banks abov
named, which were not embraced in the repeating &C
before mentioned the Bank of st. Clair has ceased
a. do business. The Michigan State Bank and tn
70 Bank of Michigan it is understood. still claim COZ
porate existence notwithstanding the repeal of the
charters, by the act above referred to. The repo
of the Attorney General, upon whom are now devo
we'd the duties formerly pertaining to the office of Bar
~ Commissioner will be laid before you, and will e1
u hlbt the situation of the banks five in number no,
er doing or claiming to do banking business, in tt
% state.
- The power of the Legislature to repal the gener
~ banking law, to annul the corporate existence
= any associations organized under it, has not be,
questioned. This right is expressly reserved by Il
&c terms Of the act The power to terminate the e
\ stance of corporation deriving its powers, from
special charter,by repeal of the act of incorporate
where such power is expressly reserved presents
"a different question. Under the weight of numero
% judicial authorities in the Federal and State Court
of the State has held that the act above named pu
- porting to repeal charters of the bank enumcrat
therein, is unconstitutional, and therefore void IT,
III proper method of accomplishing the same object
where corporations have violated their charters, is
' judgement in court of law, decree in CHANGER
The power of the Legislature to simplify the proce
dngs in of alleged violation cannot be doubt
" and respectfully recommend to your careful revi
ion the law upon this subject. Special privileges,
exemptions from liability granted by charter to
uu association of individuals, which mere indvidu
W citizens, the persons would not possess, shou
W be held under the strict terms of their grant. Al
violation of its provisions, manifest perversion
the powers conferred, or any use of them not co