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Resolved, (the House concurring,) That the Senate and the House of Representatives meet in joint convention, in Representative Hall, to-day, at 10 o'clock, to hear the message of the retiring Governor;

In the passage of which the House has concurred.

Very respectfully,

N. B. JONES,

Clerk of the House of Representatives.

The message was laid on the table.

A committee from the House appeared and informed the Senate that the House was in readiness to receive the Senate in joint convention, to hear the message of his Excellency the retiring Governor.

On motion of Mr. Warner,

The Senate proceeded to the Hall of the House of Representatives to meet the House in joint convention.

[For proceedings of the joint convention, see House Journal.] The Senate returned to the Senate Chamber, and was called to order by the President.

Roll called: a quorum present.

The President announced that the Senate had met the House in joint convention, and had heard the message of his Excellency, the retiring Governor, read by his Private Secretary, Thomas J. Cobb, Esq.

MESSAGE FROM THE OTHER HOUSE.

By unanimous consent, the President announced the following:

To the President of the Senate:

HOUSE OF REPRESENTATIVES,
Lansing, Jan. 7, 1869.

SIR-I am instructed to transmit herewith, a copy of the message of the retiring Governor, Hon. Henry H. Crapo, delivered this day to the two Houses in joint convention.

Very respectfully,

N. B. JONES,

Clerk of the House of Representatives.

Mr. Williams moved to refer the message to a select committee of three, who shall designate and recommend a reference to the proper standing committees, of the subjects embraced in the message;

Which motion prevailed.

The President appointed as such committee, Senators Williams, Peirce and Mason.

On motion of Mr. Adair,

The Senate took a recess until 2 o'clock P. M.

AFTERNOON SESSION.

2 o'clock P. M.

The Senate was called to order by the President.

Roll called: a quorum present.

PRESENTATION OF PETITIONS.

Mr. Mason presented the following petition, which was ordered printed at length in the journal, and referred to the committee on the judiciary:

To the Honorable, the Senate and House of Representatives of the State of Michigan:

The undersigned, a majority of the grand jurors of the county of Wayne, represent that we have investigated the action of the Board of Auditors of the county of Wayne, sufficiently to develop these facts. That up to the year 1863, the provisions of the law in the allowance of claims against the county, were regarded. That since that time they have been disregarded, under the assumption that the powers of the Board of Auditors were despotic and absolute.

During the years 1863 and 1864, they (the Auditors) took from the treasury of Wayne county, for their services, each $3 per day and mileage, when the statute limits their pay to $150 per day and mileage. During 1865, 1866, 1867 and 1868, the Auditors have each taken from the treasury, $5 per day, while the statute allows only $1 50 and mileage. They have each drawn pay for over 250 days in a year, which is vastly

more time than is necessary to be spent in the diligent performance of the duties of the office. They have all three drawn their pay, while only two, and sometimes one, have been present. They have allowed themselves for 1867, $3,907, and about the same for 1868. The total amount for previous years we have not learned. Their accounts for personal services have not been audited by the Judge of the Court, as required by statute. They allow the County Clerk and his deputies, $5,000 per annum for doing the clerical business of the county, (in addition to his fees in civil suits,) and yet the clerical business is behind; the Board of Auditors are kept in session, and one of their number is engaged in writing up their books, and all three Auditors drawing pay, each at $5 per day. We believe that less than $2,000 annually, can procure all the clerical labor of the county business to be thoroughly performed. The criminal business is mostly done in the Recorder's Court, and its clerk receives pay from the city of Detroit.

Taking illegal pay themselves, they are pressed on every hand for the allowance of illegal fees, and exorbitant claims against the county, and are made to yield. They allow the supervisors $4 per day and mileage, when the statute limits their pay to $1 50 per day and mileage. They allow to grand jurors and petit jurors, and deputy sheriffs, and perhaps others, $2 50 per day and mileage, when the law limits them to $1 50 per day and mileage. The bills allowed for carriage hire are enormous.

The Auditors claim that Article 10, Sec. 10, of the Revised Constitution, gives them absolute despotic power over the whole subject of claims and allowances against the county, because it provides that they "shall have the exclusive power to prescribe and fix the compensation for services rendered for, and to adjust all claims against the county, and the sum so fixed or defined, shall be subject to no appeal."

But the Supreme Court of Michigan judicially declared in a case vs. the supervisors of Macomb County, (3d Mich. Rep., p. 479,) "That the legitimate and only effect of this provision, is to take away the right of appeal, which existed before the

revision. That the framers of the Constitution did not intend to confer upon the Board, absolute, despotic power-to place them entirely above and beyond the reach of legal control or restraint, touching their official duties, imposed upon them by statute." The court required them by mandamus to comply with the statute.

The compensation fixed by statute is in some cases too small, in view of the present cost of living. But the violation of law in the disbursement of money raised by taxation, will not be submitted to by the people; and it is corrupting and demoralizing in every respect.

We respectfully recommend the following enactments by the Legislature, or others more stringent:

1st. That the compensation of the Auditors, supervisors and others, now fixed by law at $1.50 per day, be increased to $2.50 per day, and no more, for each day actually and necessarily employed.

2d. That the Board of Auditors be authorized and required to meet for official business, six days each month, and no more -commencing the second Monday of each month.

3d. That the law defining and punishing extortion, (Laws of 1863, page 325, Act No. 179,) be made clearly to apply to Auditors, supervisors, and all officials, and to their clerks or agents, and that the punishment be increased.

4th. That hereafter the attention of the grand jury be specially called to this subject for investigation, in the charge of the Judge.

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MESSAGE FROM THE OTHER HOUSE.

The President announced the following:

To the President of the Senate:

HOUSE OF REPRESENTATIVES,
Lansing, Jan. 7, 1869.

SIR-I am instructed by the House to return to the Senate the following concurrent resolution:

Resolved, By the Senate, (the House concurring,) That the two Houses meet in joint convention, to hear his Excellency the incoming Governor's message, this P. M. at 2 o'clock; In the passage of which the House has concurred.

Very respectfully,

N. B. JONES,

Clerk of the House of Representatives.

The message was laid on the table.

MOTIONS, RESOLUTIONS AND NOTICES.

Mr. T. G. Smith offered the following resolution:

Resolved, That 1,000 copies of the message of the retiring Governor be printed for the use of the Senate, in the English language, and 500 copies in the German language.

Mr. Peirce moved to so amend the resolution as to include 500 copies in the Holland language;

Which was accepted.

Mr. Slocum moved to so amend the resolution as to include 300 copies in the French language;

Which was accepted.

On motion of Mason,

The resolution was referred to the committee on printing.
Mr. Woodward offered the following resolution, which was

adopted:

Resolved, That there be printed one hundred copies of the list of standing committees of the Senate, for the use of the Senate.

Mr. Peirce offered the following concurrent resolution, which was adopted:

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