April 21, 1877, entitled "An act to regulate the time of holding the annual meeting and the manner of electing trustees in union school district No. 1 of the city of Jackson," and to repeal section 2 of act 340 of the session laws of 1875, approved April 22, 1875, Which passed the Senate April 15, 1881, be ordered to take immediate effect; Which motion prevailed, two-thirds of all the Senators elect voting therefor. By unanimous consent, Mr. Billings moved that House bill No. 153 (file No. 211), entitled A bill to change the name of Charles William Thayer to Charles William Newkirk, Which passed the Senate this forenoon, Which motion prevailed, two-thirds of all the Senators elect voting therefor. By unanimous consent, A majority of the committee on the judiciary submitted the following report: The committee on the judiciary, to whom was referred the credentials of William W. Andrus, as Senator from the 20th senatorial district, to fill the vacancy caused by the resignation of the Hon. John T. Rich, Respectfully report that they have had the same under consideration, and a majority of the committee have directed us to report the same back to the Senate, with the following conclusions and recommendation: It appears from the duly certified statements of the board of canvassers of Lapeer county, referred to your committee, that at the special election held in the 20th senatorial district on the 4th day of April, 1881, the whole number of votes cast for senator was 5,152, and the said William W. Andrus received 2,880 votes, and John N. Mellen received 2,272 votes in said county; and from the duly certified statement of the board of county canvassers of Macomb county, at the said special election, the whole number of votes cast for senator in Macomb county was 4,947, and that the said William W. Andrus received 2,351 votes, and the said John N. Mellen 2,596 votes. These two counties (Lapeer and Macomb) constitute the 20th senatorial district. The credentials of the said William W. Andrus, presented to the Senate and referred to your committee, consist in the aforesaid certified statements of the county canvassers of these two counties. A majority of your committee are satisfied from these statements that at the late special election in the said senatorial district William W. Andrus received 5,231 votes, and John N. Mellen 4,868 votes. No statement or certificate from the district canvassers has been filed in the office of the Secretary of State, and no certificate of election has been issued to the candidate receiving the highest uumber of votes. The time fixed by the statute for the meeting of the district board of canvassers is the third Tuesday after the meeting of the county canvassers, which in this case will be the 3d day of May next. If the usual time and steps required by the statutes are insisted upon by the Senate, the 20th senatorial district will remain without representation until after the most important part of the business of the session in which said district is interested will be done. Your committee are assured that the election of Wm. W. Andrus is conceded. The interests of the district and justice demand that the person elected should be admitted immediately if it can be done legally. Each case should be determined upon its own merits. Shall the Senate admit Mr. Andrus to the vacant seat from the 20th district before the meeting of the district canvassers, upon the prima facie evidence of his election produced, or continue the vacancy until after the 3d day of May, waiting for the formal canvass and certificate of election? The Senate has the certified county canvass of the several counties in said district before it for consideration. It has the same evidence before it, as a basis of its action, that the district canvassers will have for theirs. It is a mere matter of computation to determine the result. The duties of the district canvassers are ministerial.-Cooley's Constitutional Limitations, 622. They add the figures certified to them in the several county canvasses, and make a statement thereof. In other words, the district canvassers ascertain who receives the most votes, and execute the documentary evidence of their finding. The district canvass is not the election, but the official determination of the result of the election previously had. The certificate is not the election, but the evidence thereof. The certificate of election, based upon the action of the district canvassers, is the usual evidence of the election. This certificate should be required in all close or doubtful cases, and where the delay would not prejudice the district interested. A majority of your committee are of the opinion that in case of a vacancy during the session of the legislature, where the district has important matters pending, and to continue the vacancy would amount to an injustice, the Senate is not precluded from receiving other authentic evidence of election, and that the Senate is both authorized and justified in acting upon that authentic documentary evidence which satisfies it that a certain person has been elected. Section 9 of Article IV. of the State constitution contains the following provision: "Each house shall choose its own officers, determine the rules of its proceedings, and judge of the qualifications, elections and returns of its members." The Senate derives its power to act in the premises directly from the constitution. It can construe this section for itself. Its decision is final.-13 Mich., 496. People vs. Maher. Judicial power has been conferred upon the Senate to decide what evidence it will receive and to draw its own conclusions therefrom. A majority of your committee are satisfied from the said statements of the county canvassers of the two counties constituting the 20th Senatorial district, that William W. Andrus received 363 majority of the votes cast for Senator overall other persons at the late special senatorial election held in said district, and that he has established such a prima facie case and right to the vacant seat from that district as to justify the Senate in admitting him at once. To wait for the district canvass is to deprive that district from representation during the most important part of the session, and to deprive the State of the services of the Senator elect. The statute fixing the time and mode of the district canvass did not contemplate a vacancy during the session. This casus omissis should not be allowed to work an injustice to the person elected, or to the district or State. Congress has the same power to judge of the election, qualification and return of its members under the constitution of the United States that the Senate has under the State constitution. Congress has repeatedly admitted members on other evidence of election than the certificate of election based upon the final canvass. Coffarth vs. Kootz, U. S. miscellaneous contested election cases, 1865 to 1871, page 25. McCrary's American Law of Elections, section 214. Substantial justice will be done by admitting the Senator elect. His action and vote will be legal. No act passed by his vote can be questioned or annulled on the ground that he was admitted to his seat before the meeting of the district board of canvassers, and the presentation of the usual certificate of election. The Senate, however, should not, by its action in this emergency, preclude any opposing candidate from contesting the seat in question, should there be occasion for so doing. A majority of your committee, therefore, recommend that William W. Andrus be admitted to a seat in this Senate as Senator from the 20th district, but without prejudice of the right of John N. Mellen to contest said seat should he desire so to do, and ask to be discharged from the further consideration of the subject. Report accepted and committee discharged. The report was then adopted. JOHN C. PATTERSON, Mr. Caplis announced that William W. Andrus, Senator elect from the 20th Senatorial district, was present and ready to take his seat. Mr. Andrus then came forward, took and subscribed the constitutional oath of office, and entered upon the discharge of his duties. The Senate then took up the order of THIRD READING OF BILLS. House bill No. 366 (file No. 243), entitled A bill to authorize the board of control of State swamp lands to make an appropriation of State swamp lands to lay out and construct a State road in the townships of Cedarville and Stephenson, Menominee county, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. House bill No. 547 (file No. 252), entitled A bill to authorize the board of control of State swamp lands to make an appropriation of swamp lands to drain certain marsh and overflowed lands in the townships of Florence, White Pigeon and Sherman in St. Joseph county, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays as follows: Mr. Greusel, Title agreed to. NAYS. 1 On motion of Mr. Upson, By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. House bill No. 289 (file No. 226), entitled A bill to authorize and empower the board of control of State swamp lands to make an appropriation of State swamp lands to complete and make passable the Duncan City and Alpena State road in Presque Isle county, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. House bill No. 288 (file No. 225), entitled A bill to authorize the board of control of State swamp lands to make an appropriation of State swamp land to aid in the construction of a State road from the northern limits of the city of Alpena to the Presque Isle county line, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. House bill No. 209 (file No. 248), entitled A bill to authorize and empower the board of control of State swamp lands to make an appropriation of State swamp lands for the construction of a ditch in the county of Alpena, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. Senate bill No. 59 (file No. 30), entitled A bill to amend an act entitled "An act to amend section 14 of an act to provide for the organization of the supreme court, pursuant to section two of article VI. of the constitution, approved February 16, 1857, being section 4897 of the compiled laws of 1871," approved January 16, 1873, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. House joint resolution No. 32 (file No. 22), entitled Joint resolution to authorize the State board of control of State swamp lands to appropriate swamp lands to drain the AuGres swamp in Bay county, Was read a third time and not passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: Mr. Gibson moved to reconsider the vote by which the Senate refused to pass the joint resolution; |