The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-04-29
Declares Member Of Supreme Court
Has Violated Law By Not
Residing at the State
Capital
YETOES BILL REPEATING ACT
Declares Some OF the Justices Lobbied
For the Measure and That
Flagrant Violation Sets
Bad Example.

Lansing, Mich. April 29.-Governor
Osborn has vetoed the bill introduced
by Senator Morlarty (which was rush
ed through the house during the clos
ing days Of the session, giving justices
of supreme court the right TO live out
side of Lansing. and also sent a slzz-
ling message to the president of the
senate setting forth his reasons for
using the Official blue pencil on the
measure, referred To the august mem
bers of the supreme bench as lobby
lists actuated by selfish motives, and
concluded by expressing the opinion
that Justice John Il. Bird of Adrian
should tender his resignation.
TO say that the special message
created sensation around the capitol
when its. contents became known, is
putting IL mildly. Although it became
known some time ago that Governor
Osborn did not look with favor upon
the measure, no one ventured the
opinion that he would chide the court
for the alleged activity of certain OF
its members i'm working to secure the
passage of the bill.
The bill went through the senate
with little or no opposition, but in the
house some of the farmer members
declared that IT should be amended
so that the salary OF the judges would
be reduced TO $4,000 again. They de-
clared that when the previous bill was
passed giving the members of the court
$1,000 per with the understanding that
idence i'm this city or be near the scene
of their labors, il was generally con-
ceded that the salary was insufficient
and they willingly voted for the in
crease. When the vote was taken,
however, there were but II votes
against it.
Governor Osborn's message follows:
To the President of the Senate: This
the reason that it abrogates con-
tract advised and urged by members of
the supreme court, in 1898, at a time
when they properly sought an increase
in their salary. They agreed, If such
increase was granted, il would be fair
to require the justices to reside at
Lansing, by which means, they argued,
the efficiency of the court would be in
creased and it would be better able to
transact the great and rapidly increas-
ing volume of work of the court. 1t
was particularly emphasized that the
courts efficiency would be increased by
the residence of the members at the
capital.
The law In force at the present time
relating to the residence of the JUS
tices, states that each justice of the
supreme court shall reside in the city
of Lansing during his term of office"
| do not intend to make an extended
argument upon the merits OF this law.
or its effect upon the efficiency of the
supreme court. beyond the statement
that the modern tendency OF improv-
ing government is to locate the in
struments of government at the CEN
trail station of government, whether
that station is the capital of county.
state, or nation. The state of Michi.
gan is today paying, Improperly, as ?
view ii, the travelling expenses of the
heads OF many departments. both cleo
tive and appointive. to and from their
homes. weekly, and sometimes oftener.
This is not done by well-conducted
private business concerns.
1t is fair to state i'm this connection,
that this bill seeking to repeal the re-
ouirement that the justices shall re-
side at Lansing, provides that they
shall pay their own travelling expenses
to and from the state capital.
Court Not a Unit for Bill.
The bill was introduced. Ii passed
both houses. After the recess of the
legislature April 10. Justice Stone and
Justice Blair called at the executive
ofiice TO consult with me about signing
the measure. In the course OF the con-
versation. told them what had said
To Justice Brooke. When l made the
statement that I would probably sign
the bill If the court desired, although
was opposed to it. Justice Stone. with
great fairness. asked me IL was under
the impression that the court was
united in support OF the bill. told
him I was. He replied that such was
not the case. as three of the Justices
were either neutral, or did not favor
the bill. and had not interested them
selves in its passage. The same day
was informed for the first time that
Justice Bird had never become a resi-
dent OF Lansing, thus plainly violatine
the law. although he became a mem
ber of the supreme court in June. 1910
nearly a year ago. I was also inform
ed for the first time that the auditor
general refused TO pay the salary OF