The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1881-03-11

Wayne COunty-COngrcsstO App
pOrtI0nsn emt-W ills--A New Comps
IatiOn-Stili Siteless-rhs Highways
First O-Surveying-Appr
observation-disclosures
LANSING, March 8, 1881.
Both houses have settled down to business
this week, and put in q good weeks work, even
il the Senate didn't have a session this after
noon.
The House had no
CONTESTED ELECTION CASES,
but the Senate had two, "A before mentioned
| in this correspondence. On the 1st inst. the
Judiciary Committee made their report in the
case OF Kirby VIZ. Lowell, in the Kalamazoo dis
trict. in long and elaborately-p sum
up of the whole case, which was signed by
every member of the committee. They said:
"There is marked distinction between an
election to legislative Office IN future, to
take effect after present disability is re-
moved, and an election to hold seat in the
| Legislature ia present. while the disability OK
| lists. Mr.. Lowell on election day, although
| County Treasurer, was eligible to be elected to
| the present Senate His disability would cease
before his legislative term would commence.
| 26 Wisconsin, 96, State W.. Murray; Nc
Crearys American Law Of Elections, section
| 258.
| In commenting upon the case of the State
vs.. Murray, McCreary says In this case the
distinction is clearly made between ineligibility
| to hold on Office and inelgioillty to be elected
TO an Office for term TO commence i'll the
| future, and for the duties Of which the person
| chosen may qualify himself before the term be-
] gins II may here be added that it has been
| the constant practice in the Congress of the
| United States, since the rebellion, TO admit
persons to seats III that body who were inegi-
Die at the date OF their election, but whose dsa-
bilities had been subsequently removed The
| clause OF the constitution under consideration,
SO far applicable to this case, is as follows
No person holding any county Of
flee y shall be eligible to or have
seat in either house of the legislature
1.-The object OF this prohibition is to prevent
| county officers from being members OF the
| Legislature at one and the same time. Ii is the
policy of our constitution not to allow one per-
son to hold Office in different departments of
the Government simultaneously. Mr.. Lowell
has not held the Office OF County Treasurer and
Senator at the same time. His term of Office
| as County Treasurer expired before he could
have taken his seat in the Senate. The consti-
tuition specifies what shall make person ineli-
gible TO a seal III the Legislature, and not what
shall make person ineligible to an election to
the Legislature 1t refers to the eligibility
of the person at the time he qualities and enters
i've session. 1t follows that the sitting member,
Hon. Enos T. Lowell, was eligible to seat III
this present Senate at the opening of this
sion, and In entitled to retain the scat now held
| by him al Senator from the Eleventh district"
In the absence of Senator Strong. the report
was tabled pending its adoption, and this morn
ing it was called up, discussed for by Senators
| Patterson, FaT, Winsor and Dickerman, and
against by Senator Strong (who read long
argument OF merit and interest) and Senators
Rose and Edsell. The two former are the only
! Democrats in the Senate while Mr.. Edsell IL a
Republican. Without reaching a vote, further
consideration OF the report was made a special
order for March 16, at 2 p. m.
DIVIDE WAYNE COUNTY,
| is what some citizens of the county want to do.
and the usual biennial bill for that purpose is
again before this Legislature. There il hardly
| possibility that II can pass
| CONGRESSIONAL APPoRTIoNMENT.
This has been subject Of considerable
thought among the Lawmakers here, from the
probability that this Legislature would be called
upon to act under the new Congressional APP
portionment III redistricting the State into the
ten or eleven districts TO which she would be
entitled Surprising that Congress would
surely pass the bill during their recent session,
both houses had appointed their committees on
| apportionment, but the failure of the bill to
pass the United States Senate will do away
| with the necessity for such committees for this
session at least, and 1t would seem make an
extra session of the Legislature in this and
other States an absolute necessity, as the bill
will doubtless pass the next Congress.
| REGARDING LOST WILLS.
Both houses have passed bill entitled "a
bill to restrict the disposition OF personal prop
erty by lost will, " which il understood TO have
been called out Dy the peculiar will of the late
Prof. Watson, formerly OF Michigan University
who died last fall, leaving 100000 to some
scientific society III New York, and leaving his
| wife only a few hundred dollars Tts main
provision il as follows
''If the testator shall leave surviving him.
wife, the testamentary disposition shall be
subject to the election OF such wife, to take
any interest that may be given her, by the test
ator in his last will and testament or, in lieu
thereof, to take one-half the sum or share that
would have passed TO her, under the statute of
distributions, had the testator died intestate /;
and III no provision be made for her in
said will, she shall be entitled to the election
aforesaid"
RECONCILIATION.
The laws Of the State must be recompiled,
because the changes by amendments and repeal
have been 40 great since the work was done in
1871 that the best lawyers can hardly tell one
Law from another, and because the supply OF
the books then printed (the forms not being
stereotyped) has all been exhausted, and more
must be had. A new compilation can be pre-
pared and printed almost cheaply as the
old A bill on the subject has passed the SEN
ate and will doubtless pass tho House WITH
perhaps. immaterial changes. Az the manner
OF accomplishing the desired endi 30 different
from any heretofore adopted, we give portion
of the bill. 1t is entitled ga bill to provide
for a supply OF the General Laws of the State
and is as follows;
'The people Of the State Of Michigan enact,
That the Secretary of State be- and he is hereby
directed TO purchase from time TO time when
needed for use and distribution by the State
such number OF copies OF the collection or COM
pilation OF the general laws Of this State, en-
titled The General Statutes of the State Of
Michigan in force. with notes and digests Of
the decisions of the Supreme Court relating
thereto compiled and annotated by Andrew
Howell, a. may be required for the use OF the
State and for the supply of and distribution to
the officers and others entitled by law to copies
Of the Public Acts OF the Legislature and for
sale to the citizens OF the State, ii the State
shall choose to keep the same for sale Pro
rided, That such compilation shall include all
the general laws OF the State in force, and all
amendments thereto and all general acts that
shall be passed ut the present session OF the
Legislature And prouided further, That such
compilation of the la ~, before tue publication
thereof. shall be examined, approved and GER
tiled. by two suitable persons to be appointed