Charlevoix county herald., 1907-07-20

Lansing.-Attorney General Bird
has handed the following opinion to
Secretary of State Prescott: 81 am in
receipt of your communication of
June 20, calling my attention to SEN
ate resolution No. 81, and submitting
the following questions in relation
thereto: First: Was said resolution
adopted in accordance with the re-
quirements of the state constitution?
Second: If it shall be your opinion
that said resolution has not been
adopted in accordance with the re-
quirements of the state constitution,
should the secretary of state give
the notices and take all such proceed
ings as are required of him by said
resolution, or should he treat said res
olution as having failed of adoption
by the necessary vote of the senate,
as such vote Appeals in the senate
journal? In reply Hefeto would say
that the resolution ii question is des-
ignatcd as a concurrent resolution
and entitled as follows: Concurrent
resolution submitting to a vote of the
United States senator, governor and
lieutenant governor, by direct vote of
the electors. The senate journal OF
June 10. 1907, pages 1914 ct seq,
shows that when this resolution came
before the senate to be voted upon, in
the regular course of business, 16
senators voted yea and 16 senator's
voted nay; whereupon the lieutenant
governor, as president of the senate,
voted yea and declared the resolution
adopted. Thereafter, the resolution
was transmitted to and adopted by
the house of representatives, and ap
proved by the governor, June %, 1907.
In considering the constitutionality of
this resolution, the right of the lieu
tenant governor, as president of the
senate, to cast the deciding vote, the
senate being equally divided, is nee
essarily involved, and, il such right
exists, it must be expressly conferred
by constitutional authority. (Cushing
on the Law and Practice Of Legisla-
tive Assemblies, Sec. 30S). The rule
laid down in this section, with respect
toNay presiding officer of a legislative
body, is as follows: When the pre-
siding officer is not member Of the
assembly over which he presides, but
holds that office by constitutional pro-
to which he is elected or ap-
pointed, he has and can have no other
authority as such than that conferred
upon him by the power from which
he derives his appointment, and con-
sequently, can only give the casting
vote where authority to do so is alone
conferred l would say that, in my
opinion, legislation which is to have
the force Of law, whether designated
as a bill, concurrent resolution or
joint resolution, cannot be legally en-
acted without the affirmative vote of
a majority of the members elected
to each house. The resolution under
consideration did not receive the af
1rmative vote of a majority of the
members elected to the state senate.
While there are other objections to
this resolution from the standpoint of
constitutionality, | do not deem it es-
sential to discuss them in this opin-
ion. | would, therefore, say, in an
swer to your first question, that this
resolution was not adopted in ac-
cordance with the requirements of the
state constitution, and is unconstitu-
tional and void. In answer to your
second question, would say that by
reason of the fact that said resolution
is unconstitutional and void, it has
no legal force or effect and does not
impose upon you any duty to give the
notices referred to or to take any ac-
ton whatever in the premises"