Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-07-13
.SQUAWbUCKIGNORANCE
Their Pet Scheme Has . Big Con
stitutional Hole in II.
CONSOLIDATED BOARD 4 KElELIyC
IL Makes the Govsrner . ssiartsd Mem
bsr asd Thus Connicts with the
Csnstttatioo-RisS Dews the
CortAin On Act I.

From the Lansing Republican.
kumors regarding the resignation OF
Supt. c. A. Gower Of the reform school
in view OF the reduction of salary re-
sultlng from the new law for = central
ization board, governing state institn-
tons, led 10 an interrogation OF that
gentleman this morning.
"weli. yes. do expect to leave the
institution" admitted Mr.. Cover;
"just when, don't know; have liked
no date. NV only ambition now" he
continued, "is To turn the school over
INTO new hands III the best possible
shape"
After further inquiries regarding his
future intentions, 10 which Mr. Cover
responded IN a good-natured manner
at great length. without divulging any
special information, he was asked
what he thought of the legality of the
new law winch had such a sweeping
effect upon the institutions.
IL don't want to embarrass the Su-
preme Court 1t all by predicting its
action" said Mr.. Cover, Considerably;
.'but II seems TO me that the questions
which have been raised are quite peril
nent. aud may even result IN the total
defeat of the act. Section Is, article s..
OF the Constitution of the State OF
Michigan says distinctly and unquali-
tiedly that the Governor of Michigan
shall not be eligible to Office oI appoint
ment from the Legislature. during the
time for which lie was elected, making
all votes for the office and all votes for
the appolntee void. The bill provides
that Gov. Winans shall he member
ex-officio of the board. and furtaer
provides that every member shall be
entitled to 81 900 salary per year."
Copies of the constitution and tho
bill corrobOrate Supt. Covers state
ment. The squawbuck legislature has
apparently bungled what 1t considered
ing partisan feature, on which it prided
itself; its great stroke of economy and
an exhibition of craftsmanship. This
law, according to its terms, must be IN
direct contradiction to the constitution.
as plainly as "no" is negative. Ii
was the great law of the session, pre-
ness; and its failure argues Ill for lesser
laws LL0t lCSClSCu uOt OnC iOtS Va 0S-
tentlon in comparison.
Article l6, section 5, of the constitu-
ton of Michigan reads as follows: "No
person elected governor or lieutenant
governor shall be eligible to any office
or appointment from the legislature, or
either house thereof, during the time
for which he was elected. All votes
for either of them, for any such office,
shall be void"
Section one OF the bill reads as foY.
lows: 1.-The people Of the State Of
Michigan enact, that the State prison
at Jackson, the State house of correc-
ton and refOrmatory at Ionia, the
branch OF the State prison at Mar
quette, the reform school for boys at
Lansing, and the industrial home for
girls at Adrian, shall all be under the
complete management and control of
| one board, to consist of four members,
not more than three of whom shall be
OF the same political party, TO be ap-
pointed by the governor, by and with
the a0vice and consent of the senate
one to serve for two years, one to serve
| for four years, one to serve for six
years, and one to serve for eight years,
as may be designated by the Governor
at the time OF their appointment, and
at the expiration OF the term their sue
cessors shall he appointed in like
| manner for a term of eight years.
| The Governor shall be ex officiO q
member of oaid board; whenever a VA
cancy occurs in the board otherwise
| than by expiration of term of ap-
pointment. such vacancy shall be filled
by the Governor for the remainder of
the term in the usual manner" etc.
| And section 3 reads as follows: "The
members of said board shall receive
compensation at the rate of $1,000 per
annum, and each shall receive his ac-
tual and necessary expenses while en-
| ployed IN the duties OF the board; and
such salary and expenses shall be stated
In account, under oath, and when ap-
proved by the Governor shall be paid
by the State treasurer on the warrant
of the auditor general, out of any
moneys in the treasury not otherwise
appropriated"
Notice In Section 1, "the Governor
shall be ex-ofiicio, member of said
board. and in section 8 that the men,
bers shall receive $1,000 yearly compen.
sation aud expenses, which shall be ap.
proved by the Governor, who is himself
= member of the board. Contrast this
with section Is, article 5, of the consti.
tuition, printed above.
Section of the law says "the mem.
bers" shall receive compensation; that
phrase includes not only appointed
members but the member ex-otiicIo.
The compensation makes IT an Office
and thereon rests one point of its un.
con onstItutionalIty.