of Mr. STOCKWELL.

Mr. MUSSEY. I wish to ask the gentlemen a question. Does he not It seems to me that the dignity of understand this provision applies to the position, and the requirements the President of the Senate, and not made of those officers in the discharge of their duties, would make it proper that they should receive this additional compensation.

.

The question was on the amendment pense. They are the gentlemen who ment of the gentleman from Lenawee, receive guests; who act as the repre- (Mr. STOCKWELL,) will not prevail. If Mr. CONGER. I had supposed sentatives of their bodies here at the we assume to fix in this Constitution the that the committee on the legislative capital. Whether it creates additional compensation of members of the Legdepartment were unanimously in favor expense or not I am unable to say. islature, the policy of which I very much of allowing the Lieutenant Governor The gentleman from Macomb, (Mr. doubt, we fix it upon some principle, at least six dollars per day; but I see MUSSEY,) and the gentleman from Oak- intending to give them a proper comI was mistaken, by the position ta- land, (Mr. P. D. WARNER,) could pensation for the service which we ken by the gentleman from Monroe, answer that question better than I can. expect they will render the State. Now, (Mr. MORTON.) This compensation is all It looks a little more dignified I think no gentleman having any experience in that he will receive for his services; for them to receive a higher rate of the matter, setting aside the presumed there is no salary provided for him in compensation. But if the committee dignity of the office of presiding officer, the Constitution. I had supposed that are of the opinion that they should not, would be willing to accept the posithe committee were also in favor of then I am not strenuous about it, tion of the presiding officer of either allowing the Speaker of the House of either as a member of the committee of the Houses of the Legislature at the Representatives that extra compensa- who reported this article, or as a mem- same compensation provided for memtion. It seems to me very proper that ber of this Convention. The additional bers, without feeling that he was the presiding officers of the two Houses expense to the State would be but very giving more labor to the State for the of the Legislature should receive this little. I think the additional compen- compensation, than if he was upon the additional compensation. They ought sation here recommended is no more floor. The duties of presiding officers to perform more duties than other than is right, and would be no more are more arduous, not only during the members; they ought to be here at all than is worthy of the dignity of the session, but outside of the sessions of times, and they generally are here at State. I hope, therefore, that the sec- the body. He has very arduous duties all times, presiding in their places, tion may remain as it is. to perform to prepare himself for the and performing also the usual duties position. He must attend to all comof other members. munications addressed to that body, and in other modes and ways he has more duties to perform than any one merely to the Lieutenant Governor? member of that body. If we fix the Mr. CONGER. It is provided in compensation in proportion to the the article on the executive depart-labor performed, then we should give ment that the Lieutenant Governor the presiding officer an increased comI thought possibly the time was past shall perform the duties of President pensation. when this Convention would consider of the Senate. The President pro tem- There is also weight in the suggesthe question whether somebody else pore of the Senate is not President of tion made by the gentleman from St. could not be obtained to discharge the the Senate in the presence of the Lieu- Clair, (Mr. CONGER,) that we should duties of certain officers cheaper than tenant Governor. If the Lieutenant add something in the way of compenthey are now discharged. I know Governor is absent, and the President sation for the presumed dignity of the there is a very learned man in our vi- pro tempore becomes actually Presi- office. With that view I should be in cinity who would be willing to be Gov-dent of the Senate, then he would favor of increased compensation to ernor for half the salary now paid the receive this compensation. This sec- these officers. And I would make Governor. I have heard men offer to tion applies to the Lieutenant Gov-more difference between them and the be judges of the supreme court at a ernor while President of the Senate, members of the Legislature, than is great deal less than we were giving or to the President pro tempore proposed in this report. I hold that those officers. And when anything of the Senate, in the absence of the same rule should apply to the was said about judges resigning be- the Lieutenant Governor. The object President of the Senate and Lieutencause in these hard times their salary of this section was to limit the Presi- ant Governor, that is applied to the of fifteen hundred dollars a year was dent of the Senate and the Speaker of Speaker of the House of Representanot sufficient, I have heard many of my the House of Representatives in regard tives. I think they should receive an brother sprigs of the law offer to take to the compensation they should re- increased compensation, their places at even a less salary. ceive and to avoid the very question There is no question but what there raised in former Legislatures, where it are men in this State, willing to take was claimed that the Speaker might reoffice, and even underbid the salary ceive pay as a member of the House, and paid by the Constitution. But that is also receive the same compensation as not the rule by which we should be Speaker. With the construction which governed. might perhaps legally have been placed The simple question with the com- upon the provision, the Lieutenant mittee was, whether it was desirable Governor, while presiding in the Sen- Mr. P. D. WARNER. In any reto increase the compensation of the ate, would receive but three dollars per marks I may make upon this question, Lieutenant Governor and the Speaker day, while the Speaker of the House I do not wish to be understood as beof the House of Representatives. I in his two capacities would receive six ing moved or influenced in any manthought it was the unanimous opinion dollars per day. This clause was in-ner by the position I occupy. Thereof the committee that they should re- tended to provide a fixed compensation fore I do not propose to say anything ceive an additional compensation. "They for these two officers. I think the peo- in regard to the compensation of the are required, at least, to pay the closest ple of the State would desire that this attention to their duties, if not to per- should be done. I hope this commitform more arduous duties; they have tee may view it in that light, and give some duties connected with their sta- to these officers this compensation. tions, which perhaps require extra exVol 2-No. 10..

Mr. FARMER. I hope the amend

over and above any other member of the Legislature. I think this should be given them out of respect to the dignity of the office, and also because they have more legislative duties to perform. With this view, I hope the report of the committee will stand, and that the amendment will not prevail.

Speaker of the House of Representatives. But I desire to say a word in behalf of the Lieutenant Governor. He is the second officer in the State. He is put in nomination by his party, and

1

And I

is expected to go before the people, the responsibilities, as well as the ac- small compensation given.
and is subjected to a large expenditure tual labor he is to perform. But I can- | think there should be some weight at
which candidates aspiring to less hon- not very well appreciate the idea of tached to the argument I have just
ors are not subjected to. If successful adding compensation, in order to give used, that there should be no distinc-
in the election, he is brought to the dignity to the office. If it really does tion made between the two houses;
presidency of the Senate by the Con- have that effect, then I would not only and therefore I would include the
stitution. He comes here to Lansing; give an increase of pay to the presi- Speaker of the House of Representa-
he may endeavor to practice economy ding officers, but to the members. tives in the same category.
in his expenditures. I know our pres- And, on that ground, I should regret Mr. MORTON. If I thought it was
ent Lieutenant Governor is not an ex- that the members of this Convention necessary for the dignity of the Speaker
travagant man, and I know the com- had not been provided with a compen- and the Lieutenant Governor, to make
pensation he received did not pay his sation of six dollars, or eight dollars, their salaries higher than the members
expenses in the city of Lansing. He per day.
of the Legislature receive, I should
took pains to secure cheap lodgings, Mr. HOLT. I have an amendment certainly support it. I know those po-
and was charged eighteen dollars a which I desire to offer, if it is in order.sitions are dignified, but whether the
week at a private house, because he I desire to move to strike out the words office confers dignity upon the man
was Lieutenant Governor of the State" and the Speaker of the House of who holds it, depends upon the manner
of Michigan, white ordinary members Representatives," and also the word in which he discharges his duties. I
were charged but ten dollars. I only "each," so that it will read, "the Presi- do not believe it will render either of
refer to this to show the disposition of dent of the Senate shall be entitled to those offices more dignified by attach-
men to take advantage of a man's six dollars per diem compensation," ing a little more compensation to them.
position in life.
etc. My only object in offering that I cannot see the propriety of giving
I believe that with the responsibili- amendment is to change the section so men who occupy the easiest position
ties attached to the second officer in that I can vote for it. Were the pay in the legislative body, more pay than
the State, the compensation granted of the Lieutenant Governor fixed in any is given to those who labor from early
for the services to be rendered ought other part of the Constitution, I should in the morning until late at night, as
in some measure to be commensurate be in favor of striking out this entire do chairmen of committees, in per-
with the dignity and responsibilities of section. As it is, I think that by fecting the business placed in their
the office. Therefore I hope that what- striking out the words "Speaker of charge. It requires more labor to
ever action may be had by this com- the House of Representatives," this discharge properly the duties of chair-
mittee of the whole in regard to the might be a sufficient conpensation for man of some of our important com-
compensation of the speaker of the him.
mittees, than it does to merely sit
House of Representatives, about which Mr. GIDDINGS. I am unable to in the Chair and decide parliamentary
I care nothing, this committee by its see why that distinction should be questions, which, after a couple of
action will provide some suitable com- made. I understand that the duties weeks, is the easiest labor that a man
pensation to be rendered to the Lieu- of the Speaker of the House of Repre- could be called upon to perform. The
tenant Governor of the State.
sentatives are as arduous as the duties glory acquired in such a station does
Mr. BLACKMAN. I may remark of the President of the Senate. I am not last longer than the session lasts.
in regard to the Speaker of the House told that they are more so. Besides All the dignity and reputation that a
of Representatives that we have here- in many States they have no Lieuten-man receives from such a position is
tofore found no difficulty in getting a ant Governor; the President of the obtained from the ability to discharge
person to accept that office at the Senate, is the acting Lieutenant Gov- its duties properly. If he discharges
present price. I would not wish to be ernor; when the Governor is not act- them as some Speakers have done, it
understood as endorsing the view ing he acts in his stead. If you fix is rather an odium upon him, than a
alluded to by the gentlemen from St. the compensation upon the basis of cause of congratulation by his friends.
Clair, (Mr. CONGER,) that we should the onerousness of the duties to be
always look to this question in fixing performed, it seems to me that the
compensation. That is a view which I Speaker of the House of Representa-
have as strongly and uniformly opposed tives occupies as conspicuous a position
as perhaps any other gentleman. But in that respect as the President of the The CHAIRMAN. There is, but as
I think the cases are not exactly paral- Senate.
his amendment related to the compen-
lel; I think there is a little difference Mr. WILLARD. I hope the motion sation of both of these officers, and
when we come to select a member out of the gentleman from Muskegon, will the motion of the gentleman from Mus-
of a hundred who have been selected not prevail, for the simple reason, that kegon, (Mr. HOLT,) was to strike out
from all the State, for their peculiar it seems to make a distinction between one of these officers, though it does not
qualifications. It strikes me that the the two houses. And I believe such a touch the words embraced in the
question presents itself in a little dif- distinction should not be made. Mem- amendment of the gentleman from
ferent manner; that we are not to act bers of the lower house wish to feel that Lenawee, the Chair entertained it, and
in the same manner that we would in their presiding officer holds a position will submit it to the committee before
fixing the salary of the Governor at of as much dignity and responsibility the other amendment.
five hundred dollars, because there are as the presiding officer of the Senate.
men in the State who might be con- The more attention I give to the sec-
ceited enough to think that they could tion now before us, the more I am in-
fill that office, and would accept that clined to support it as it is, and to op- The question recurred upon the
compensation. One thing more in re- pose all amendments to it. I think amendment of Mr. STOCKWELL to strike
gard to the increased compensation, in that the compensation of the presiding, out the words "six dollars," and to in-
order to give dignity to the office. I officer of the Senate should be suffi- sert the words "the same.
agree that when we impose additional cient to clothe the office with some The amendment was agreed to, upon
responsibilities upon a man, he should dignity, and to incline men of charac-a division-ayes 32, noes 29.
have compensation corresponding to ter not to reject it on account of the

Mr. BLACKMAN. I would inquire if there is not an amendment pending offered by the gentleman from Lenawee, (Mr. STOCKWELL)?

The question was taken upon the amendment of Mr. HOLT, and it was not agreed to.

Mr. MORTON. I move that the

A

committee rise, report progress, and ask leave to sit again.

The motion was agreed to.

The committee accordingly rose; and

LEGISLATIVE DEPARTMENT.

Salary one thousand dollars if I had Mr. MUSSEY. I move that the any hope that it would be carried. Convention now resolve itself into The question was taken on the amendment of Mr. TURNER, and on a

the PRESIDENT having resumed the committee of the whole upon the gen-division, ayes 38, noes 13, it was agreed

Chair,

Mr. PRINGLE reported that the

eral order.

The motion was agreed to.

The Convention accordingly resolved

to.

Mr. MORTON. I move to further

committee of the whole, pursuant to itself into committee of the whole, amend this section by striking out the

the order of the Convention, had had
under consideration the article entitled
Legislative Department;" had made
some progress therein, and had directed
him to ask leave for the committee to
sit again.

Leave was accordingly granted.
Mr. HENDERSON. I move that the
Convention now take a recess.

The motion was agreed to; and accordingly, (at five minutes past 12 o'clock, p. m.,) the Convention took a recess until 3 o'clock p. m.

AFTERNOON SESSION.

The Convention re-assembled at 3 o'clock p. m., and was called to order by the PRESIDENT.

The roll was called, and a quorum answered to their names.

LEAVE OF ABSENCE.

Mr. LOTHROP. I am obliged to ask leave of absence for myself after to-day, until Tuesday next.

Leave was accordingly granted.
Mr. LOVELL. I ask leave of ab-
sence for myself after to-day, until
Tuesday next.

(Mr. PRINGLE in the Chair,) and re-
sumed the consideration of the article
entitled "Legislative Department."
COMPENSATION OF PRESIDENT OF SENATE

AND SPEAKER OF HOUSE.

The CHAIRMAN. When the committee rose this morning it had under consideration section twelve of this article which had been amended to read as follows:

SECTION 12. The President of the Senate and the Speaker of the House of Representatives shall each be entitled to the same per diem compensation and the same mileage as members of the Legislature, and no more.

I

word "each." That word is unneces

sary since the amendment of the gentleman from Shiawassee, (Mr. TURNER,) has been adopted.

Mr. LUCE. I suppose it would be proper to strike out all of this section after the amendment which has just been adopted, because the Speaker of the House of Representatives, receiving the same compensation as a member of the Legislature, there can be no occasion for retaining the rest of this section.

Mr. TURNER. I intended to include in my motion to strike out the word "each.”

motion of Mr. MORTON to strike out The question was taken upon the word "each," and it was agreed to.

ate."

Mr. TURNER. I move to amend this section by inserting after the words "the President of the Senate," the words "shall receive an annual salary Mr. LUCE. I now move to strike of five hundred dollars, which shall be out all of this section after the amendin full for his services as Lieutenant ment which was adopted on motion of Governor and President of the Senate." the gentleman from Shiawassee, (Mr. do not propose to take up much of TURNER,) so that the section will read: the time of this committee in discussThe President of the Senate shall receive ing this amendment. The subject of an annual salary of five hundred dollars, this section has already been quite fully which shall be in full for his services as Lieudiscussed. It does seem to me, how-tenant Governor and President of the Senever, that in a State like this, if we are There certainly can be no use in regoing to retain the office of LieutenLeave was accordingly granted. ant Governor he should receive a little taining the balance of this section. LENGTH OF SESSIONS OF THE LEGISLATURE. of the House of Representatives, or a more compensation than a member The Speaker of the House, even as a member of the House, will be entitled Mr. W. A. SMITH, by unanimous member of the Senate. If it is not to the same compensation provided for consent, offered the following resolu- due to the dignity of the office, it other members of the House, and tion, which was adopted: It is certainly mere seems to me it is due to the dignity of nothing more. Resolved, That the State Librarian be re- the State, to pay something at least for surplusage to retain that portion of the quested to communicate to this Convention, information in regard to the length of each the office. I know it has been said section which now relates to the Speaker session of the Legislature, from and includ- here by gentlemen that there are men of the House of Representatives. ing the year 1835 to and including the year enough who would accept that_office with the present compensation. I have no doubt of that whatever; I have no doubt there are men enough who would accept the office of Governor or Chief Justice of the State for one half of the compensation paid to those officers. But they are not the kind of men we want to fill those offices.

1867.

CIRCUIT COURT SESSIONS.

Mr. MILES. I ask unanimous consent to offer the following resolution for consideration at this time:

Resolved, That the several county clerks in this State be required to furnish to this Convention, without delay, a statement showing the aggregate number of days session of the circuit court in their respective counties, during the year 1866.

The amendment of Mr. LUCE was

agreed to.

No further amendment was offered to the section.

PAY OF CONTESTANTS.

Certain gentleman here have talked No objection being made, the ques- a great deal about the rights of the tion was upon the adoption of the res-poorer classes. Certainly no man could Mr. SAWYER. I move to amend olution. afford to accept the office of Lieutenant this section by striking out the word Mr. GIDDINGS. I think the reso- Governor now, unless he was a man of each," before the word "contestant," lution should read "requested,” inrequested," in- some means. He could not afford to and inserting in lieu thereof, the words stead of "required." We cannot re- come here and spend three months of "the rejected;" and also striking out quire the clerks to do this or that. the year, or the session of the Legisla- the words "and both parties;" also ture, and act as President of the Senate striking out "four," and inserting the for four dollars per day, unless he has word "two." The section would then more means than most of those have had who have held that office. I certainly hope the amendment will be adopted. I would move to make the

Mr. NINDE. I think we can require them. Under the law calling this Convention together, we are authorized to send for persons and papers.

The resolution was agreed to.

read:

"In case of a contested election, each House pensation and mileage to be received by the shall determine the amount of per diem comrejected contestant; but the per diem compen

sation allowed shall not exceed the sum of a compensation of four dollars per to be entitled to a seat by the House in which two dollars per day." day. I think this provision should be the contest takes place." I desire simply to obtain an expres- left so that each House could deter- I understand that that section was sion of the sentiments of this commit-mine how much the defeated contes- adopted to correct an abuse which had tee upon this subject. It struck me tant should receive, without affecting grown up under the Constitution of when I read the section, that when a the per diem compensation to be paid 1835. That abuse consisted in this: person had been elected by a constit- to the member whose right to the seat gentlemen from the northern part of uency, and came here to the House, or is sustained.

the State would contest seats in the

to the Senate, to represent them, it was Mr. SAWYER. I rather think, as Legislature, and both the contestant not exactly in accordance with justice, the gentleman from Kent, (Mr. and sitting member would come here that, because some person chose to WITHEY,) has suggested, that I have and draw pay for the entire session. I contest his seat, he should be deprived been taken in a little by the gentleman have seen something of the workings of half of his compensation. It seems from Clinton, (Mr. DANIELLS.) I think of the section in the Constitution of to me that a member who has suc- I would rather have the question taken 1850, and I have seen that it might ceeded in an election, which has been on my original proposition; therefore work injustice. In the Legislature of declared legal by the House to which I will not accept the amendment of 1865 there were some ten or twelve he is elected, has a certain right and the gentleman from Clinton. members in the House who were elected franchise; and that franchise is, that Mr. DANIELLS. It looks to me as by what was called the soldiers' vote. he as a member of that House or Sen-though my amendment would do ex- Towards the close of the session the ate, shall be entitled to the same comactly what I intend it should do; that supreme court decided that the law, pensation and per diem allowed to is, leave it to the House to determine under which the votes of the soldiers other members whose seats may not the amount of compensation to be re- were received, was not a legal law. be contested. So far as regards the ceived by each contestant. I do not The members holding their seats, and rejected contestant, I am not certain think there is any danger that the who had held them during the session, that it would not be well to leave each House will not give just compensation came near losing them under this deHouse the right to determine what to each of the parties. I would risk it, cision, lacking but one vote in the compensation, if any, he shall receive. at any rate, if I were the contestant Senate and but a few votes in the House, I have fixed it in my amendment at the member holding the seat. The Now, to accomplish that purpose. two dollars. I propose that, however, law gives the member four dollars per that, to deprive the one who had been would it be right, in such a case as merely to obtain an expression of day. Then there comes in the conthe opinion of this committee of testant; if the Legislature deem the holding the seat during the session of the whole. There might be cases contestant entitled to the seat, he will any compensation? It seemed to me where it would be justice to allow get the compensation. At all events, I and to the committee, that it would have no doubt they will treat him obviate any injustice of that kind to fairly. leave to the Legislature the right to

him a certain amount of compensation. There might, however, be cases where it would be great injustice

or

The CHAIRMAN. The question provide what compensation should be to the people to allow him anything. will be first taken upon the amend- allowed. We thought it would be betMr. DANIELLS. I have an amendment of the gentleman from Lenawee, ter to provide that there should be but ment here which I think will meet the (Mr. SAWYER.)

is to strike out all after the word " con

one compensation paid. I think the section should be left without amend

views of the gentleman precisely. It Mr. BILLS. I wish to make a sugtestant," and also strike out the word gestion in regard to the amendment ment, so that the Legislature may disnow pending. My view, however, tribute the compensation in case of a "each," and insert the word "a." The would be that the successful candidate contest, and still the State be obliged section would then read: "In case of is really entitled to all the pay for the to pay for only one hundred members a contested election each House shall member of the district in question; in the House. determine the amount of per diem, that, I think, is a mere matter of jus- consideration to which the member Mr. P. D. WARNER. There is one compensation and mileage to be retice. I think this Convention, in ceived by a contestant." It seems to making a provision upon the subject, from Branch, (Mr. LUCE,) did not reme that is all we should put in the should do nothing whereby the Legis- fer, but which might have an influence lature might feel themselves authorized upon the minds of this committee. It Mr. SAWYER. That is satisfactory to reduce his pay. In regard to the will be noticed that this section proMr. WITHEY. I do not think that compensation which should be awarded vides that the compensation to be reMr. WITHEY. I do not think that to the unsuccessful candidate, I would ceived by both contestants shall be covers the ground proposed to be leave that matter wholly to the discre- four dollars per day. But mileage may covered by the amendment of the gen- tion of the Legislature, without any think it was the understanding of be received by each of the contestants. tleman from Lenawee, (Mr. SAWYER.) limitation. I understand, however, that he acthe committee, that the allowance of cepts the amendment of the gentleman mileage to each contestant would make from Clinton, (Mr. DANIELLS.) If that up what the per diem allowed would fail to cover.

Constitution.

to me.

amendment shall be adopted by the

committee the result will be, that the member who holds his seat may not get his four dollars per diem. If it may be divided by the Legislature between the two contestants, the party

the particular question, or motion, or
Mr. LUCE. I hardly know what
amendment now pending is. However,

as I

am opposed to all amendments to this section, I can safely speak in favor of retaining the section as it is. This section met my approbation when it was considered by the committee who

I

Mr. FARMER. I do not think I can vote consistently upon either of the amendments now pending, because of what this section should be. I think they do not correspond with my views

who is rejected may get the half, and reported it. I am still in favor of re- that the person declared to be entitled the party whose right to the seat is taining the section as it now is. In to the seat should be awarded full pay the present Constitution it is provided: and mileage. The person contesting "In case of a contested election, the per- the seat, although unsuccessful, should son only shall receive from the State per diem compensation and mileage, who is declared be paid something. He comes here

sustained will have only the remaining half. Under a preceding section of this article each member is entitled to

1

*

with the honest opinion that he is en- stand them. The gentleman from made by some town clerks in spelling titled to the seat. I think that the Clinton, (Mr. DANIELLS,) says there can some of the names-I want to know if Legislature would be the better judges be but one contestant. A contestant those members should be deprived of of what the person not succeeding in is one who claims the seat; not, as I un- their pay, or placed in a position where getting the seat should receive, because (derstand it, in opposition to the one they would be obliged to ask the Legthey would know the circumstances in who holds the seat. I admit that the gislature to allow them compensation, each particular case. I do not think gentleman is a member of the com- while those holding the seats by means that the amendment proposed would mittee on phraseology, but that is the of bogus certificates, should receive place this section in such a different way I understand it. pay and mileage for the time they held light that it would meet my approbathose seats? For my part, I think not. tion. If in order, I would propose an amendment to this section.

Mr. DANIELLS. I think the gentleman from Berrien, (Mr. FARMER,) if he will examine the amendment I propose, will find that it meets his views exactly. I propose to strike out all after the word "contestant," and to insert the word "a" in place of "each," before the word "contestant."

Mr. DANIELLS. It is evident that the gentleman does not understand Latin. [Laughter.]

Mr. MUSSEY. I admit that the gentleman outranks me in that. I do not want to be compelled to drag him along with me, whenever I undertake to read the Constitution, to find out what it means. What I desire is this: if a person comes here and contests a seat and obtains it, then I want to put Mr. FARMER. If the amendment him on a par with the rest of the memproposed by the gentleman from Len-bers. I do not know what facilities the awee (Mr. SAWYER) should fail, then gentleman may have for construing the amendment of the gentleman from language so as to require the one reClinton (Mr. DANIELLS) would come taining the seat, or obtaining it, to nearer to meeting my views. submit his claim for compensation to the Legislature.

Mr. DANIELLS. I do not suppose that we can provide in the Constitution a clause that would meet every case that may arise hereafter, between contestants and the Legislature. I propose to submit the whole matter to the Legislature, they are the best judges in the premises. Perhaps if we could have before us every case, we might be superior to them; but as they will have all the facts before them, I think they will have wisdom enough to decide the matter correctly.

Mr. COOLIDGE. I would ask the gentleman if, in the case to which he refers, the persons who came here afterwards and claimed that those holding the seats had no right to them were not contestants? Mr. MUSSEY. That is so; they were contestants. But I claim that when they obtained those seats they were entitled to all the rights and privileges of any other members of the House. I hold that those who occupied the seats up to the time the contest was decided, were the parties who should be placed in limbo, and not those who were rightfully entitled to the seats.

Mr. COOLIDGE. I desire to help Mr. DANIELLS. The member who my brother on the committee on phra- came here with his certificate and took seology, (Mr. DANIELLS.) I think he is his seat would of course draw pay uncorrect beyond all question. In each der the former section of this article; election some one is elected. When he would draw his four dollars per the matter comes up in the House or day. The member contesting his seat in the Senate, there is no election by after the contest was decided in his either of those bodies; they merely de- favor, would get such pay as Legislaclare who is elected. Therefore, I sup-ture would grant. pose that, strictly, there can be but one Mr. MUSSEY. The present Consticontestant. One of the parties is a tution provides that only the person member, and the decision by the House succeeding in the contest shall receive of the Legislature, is simply as to any pay as member. which one is the member. The one who brings his credentials to the House The question recurred upon the is presumed to be the member elected; amendment of Mr. DANIELLS. the person contesting that is the contestant.

The question was then taken upon the amendment of Mr. .SAWYER, and it was not agreed to.

ant."

Mr. DANIELLS. I mean under the new Constitution which we are making. I do not refer to the old Constitution. Mr. VAN VALKENBURGH. It Mr. BLACKMAN. I desire to offer seems to me that all that is desired by a substitute for the amendment of the Mr. MUSSEY. I wish merely to say gentlemen who have spoken on this gentleman from Clinton, (Mr. DAN- a word, because between the gentle-subject will be obtained by striking out IELLS,) to insert the word "unsuccess-man from Clinton, (Mr. DANIELLS,) and all after the word "contestant" and ful," in place of "each," before the the gentleman from Berrien, (Mr. Coo- inserting the word "the," in place of word "contestant," so that it will read LIDGE,) I think I may be set right; I the word "each," so that it will read: "compensation and mileage to be agree with the gentleman from Berri- "each house shall determine the received by the unsuccessful contest-en, that one is elected, and the other amount of per diem compensation, and is not. But take the cases that occur- mileage to be received by the conred in the county of Macomb; unfortu- testent." Now, I am of the opinion nately in a certain election there we got expressed by the gentleman from Clinrather mixed up. One of each politi-ton, (Mr. DANIELLS,) and the gentlecal party obtained a large majority of man from Berrien, (Mr. COOLIDGE,) votes; but the one of each party who that the member who retains his seat Mr. BLACKMAN. I will move as a got the least number of votes obtained receives his per diem allowance of four substitute to the amendment to strike the certificate and took his seat in the dollars per day, and his mileage. We out all after the word "contestant;" Legislature. The people did not feel desire, therefore, merely to prepare also to strike out "each," and insert disposed to be cheated in that way, a provision in relation to the unsuccessthe words "the unsuccessful," so that and therefore, they advised those who ful contestent. I think it is safe to it will read, “in case of a contested received the large majority of votes to leave it with the Legislature to say election, each house shall determine contest the seats of those who were what the contestant shall receive. It the amount of per diem compensation seems to me that we shall accomplish and mileage to be received by the unall that is necessary by making the successful contestant." change I have suggested.

Mr. DANIELLS. I think there can be but one contestant; the one is the sitting member, the other is the contestant. I think the article "a" is the proper word to be used.

Mr. MUSSEY. I am opposed to both of these amendments, as I under

holding them under the credentials.
They did so, and obtained the seats.
Now, I want to know if these two mem-
bers who received a majority of the votes
of the people-except a little blunder

Mr. BURTCH. In looking over this article, I cannot see that there is any