The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1911-03-23
THE THINGS DONE
AT STATE CAPITOL
The JUDICIAL PRIMARIES IN
THEIR WORKING CAUSE
SOME CRITICISM.
The LEGISLATURE HAS PASSED
A BATCH OF LAWS THAT ARE
NCoNSTITUTIoNA
A Very Graphic View of the Work
Done and Being Done by the
Law Makers.
BY Toby Candor.


BY Toby Candor
The result of the judicial primaries
has not increased the popularity of
TINS method of nominating judges in
the least. In several instances the
result has been to nominate men not
htted for the bench, but merely able
to round up the votes Just as any
other politician rounds them up. In
consequence strong sentiment has
developed in the Legislature in favor
OF not only doing away with the NOM
nation of the judiciary by primary,
but OF doing away with the election
of the judges. Senator Charles White
of Berrien is most outspoken on this
subject and Is seriously considering
the advisability of introducing a joint
resolution for an amendment to the
cgonstitution providing that all Judges
shall be appointed by the governor
for life or during good behavior. thus
removing them entirely from politics
and from political or other Influences.
The sentiment in this line Is growing
daily and this method of naming
judges is bound to be adopted soon
the task of revising the primary law.
Every session of the legislature since
the primary law was first agitated
the act has been tinkered with and
revised over and over again Today
1t is in worse condition if possible
than ever. A considerable number
or changes are badly needed, but so
far nobody has made an attempt to
straighten out its many tangles. Sen
ator James has Introduced a corrupt
practices act, but the enrolment fea-
lures, the date of the primary and
some other things of similar nature
have not been touched.
The legislature has been very busy
passing NCts which are unconstitu-
tional. The constitution provides that
all acts shall be general but
the Legislature has been passing local
acts regardless. OF course, If any
body chooses TO kick on such laws
they will not hold water p. J. NJ.
Hally, corporation counsel of Detroit,
has raised a constitutional question
OF vast importance to the state and
which must be taken into the SUI
preme court at once to determine the
validity of a lot Of important laws
now on the statute books. The con-
stitution provides that the legisla-
ture shall provide for the incorpora-
ton, etc, of cities and villages ''by
general act" Now "A general act"
does not mean by several acts. Mr..
Hally points out that strict inter
probation of this clause would make
it impossible for the state to regulate
the sale of liquors in cities and vii
lagos and all our LIQUOR legislation
pretty nearly would be void. The
same would be true as applied to local
elections and to the legalizing of bond
Issues as has been done during the
present legislature for several cities.
Attorney General Franz Kuhn looks
upon the matter as most serious and
1t Is planned to take a case into the
supreme court at once and secure
construction Of the clause.
Tie action OF congress in adjourn
Ing without having fixed a basis Of
congressional apportionment has left
Michigan high and dry in the air.
Unless the work is now done by
special session of the legislature fol-
lowing the action Of the extra session
of the new congress, Michigan NAV
have to elect a at.large.
The law provides that should the
basis of apportionment be changed
while the legislature is not in session
and the number OF congressman
should be increased the additional
representatives to the national house
may be elected at large. But this
being a Democratic congress with no
desire to increase the representation
of Michigan but rather to reduce it
If possible 1t NAV result that Michi-
gan will have to get along with less
than the present IL congressman in
which event it would be necessary to
call the special session Of the legis-
lature to redistrict the state
Governor Osborn may soon awake
to find himself without a secretary.
BY the nomination of Prosecuting
Attorney Mcdonald Of Houghton ccun-
ty to the circuit bench, a vacancy
appears in the prosecutorship. Will.
lam r. Oates, the governors secre.
tary, Is candidate for the place
and so is Rep. Anthony LuCes. who
defeated Oates in the primaries for
the legislature. Lucas is now hust
ling for the nomination, while Oates
is sticking to business and depending
upon hist riends to land the job for
him if possible.
Senator Watkins proposes to pro-
tect in some measure the blue gills
and sunfish which are annually taken
out of the lakes and streams in vas,
numbers. He has introduced bill
limiting the catch to 25 in day and
no person may have more than that
number in his possession at one time.
The Flowers bill demanded by Gov
ernor Osborn by which an expert tax
commission will be appointed to in
vestigate and possibly revise the tax
system of Michigan has PASSED tac
House. Rep. Lords fight against the
bill failed.
Judge +. ]. Russell. recently ap-
pointed member of the pardon
I....1 rovorpor nchnrn'c hio