SEC. 2. At any time after the first day of January, one thousand eight hundred and eighty-five, the legislature may provide for a convention, to be chosen by the qualified electors of the State, or for a commission to be appointed by the governor by and with the advice and consent of the senate, to revise or amend this constitution. Such revised or amended constitution shall be submitted to the electors qualified to vote for members of the legislature, at such time and in such manner as said convention or commission may provide. If a majority of the electors voting on such revised or amended constitution shall decide in favor thereof, the same shall take effect at the commencement of the year following its adoption.

SCHEDULE.

That no inconvenience may arise from the changes in the constitution of this State, and in order to carry the same into operation, it is hereby declared: SECTION 1. The common law, and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the legislature.

SEC. 2. All writs, actions, causes of action, prosecutions and rights of individuals and of bodies corporate, and of the State, and all charters of incorporation, shall continue; and all indictments and informations which shall have been found or filed, or which may hereafter be found or filed, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution.

SEC. 3. All fines, penalties, forfeitures and escheats accruing to the State under the present constitution and laws, shall accrue to the use of the State under this constitution.

SEC. 4. All recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of this State, or to any county or township, or to any public officer or public body, or which may be entered into or executed under existing laws, to the people of this State or to any such officer or public body, before the complete organization of the departments of government under this constitution, shall remain binding and valid, and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors and penal actions shall be prosecuted, tried and punished as though no change had taken place, until otherwise provided by law.

SEC. 5. All officers, civil and military, now holding any office or appointment, shall continue to hold their respective offices, unless removed by competent authority, until superseded under the laws now in force, or under this constitution.

SEC. 6. It shall be the duty of the legislature, at its first session after the adoption of this constitution, to adapt the present laws to the provisions of this constitution.

SEC. 7. Any territory attached, or that may be attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming a part of such county, so far as regards elections for the purpose of representa

TAXATION OF THE LIQUOR TRAFFIC.

At the election when this amended constitution shall be submitted to the electors of this State for adoption or rejection, there shall be submitted to such electors the following proposition, to be added, in case of its adoption, to section 47 of article IV. in the present constitution of this State, as it now stands, and to section 36 of article IV. in said amended constitution, if the latter is adopted, viz.:

An annual tax of two hundred dollars is imposed upon the traffic in intoxicating liquors, to be paid by every person or firm who shall carry on or be engaged in the business of selling or disposing of such liquors otherwise than for medicinal, chemical and mechanical purposes, for each place where such business is carried on by such person or firm. Said tax shall be paid into the treasury of the proper township, city, or village, and be applied by the proper authorities to the support of the poor therein, so far as may be necessary, and the residue appropriated as the legislature shall provide. The sale or other disposition of such liquors to minors, persons under guardianship, insane and idiotic persons, paupers and common drunkards, is wholly prohibited. Every person who shall carry on or engage in the business or traffic taxed as aforesaid in this section, without having first paid the tax imposed, or otherwise violate any provision of this section, shall be guilty of a misdemeanor, and, on conviction, be punished by fine or imprisonment, or both, as may be prescribed by law, and every sale until the tax is paid subject the party to such penalty; and all necessary laws shall be passed to enforce the provisions of this section. The legislature may further regulate and restrict the sale and other disposition of intoxicating liquors; and may increase the annual tax upon said traffic in any locality.

Said proposition shall be separately submitted to the electors of this State for their adoption or rejection, in form following, to wit: A separate ballot may be given by every person having the right to vote, to be deposited in a separate box. Upon the ballots given for said proposition, shall be written, printed, or partly written or partly printed, the words, "Restriction and taxation of the liquor traffic-Yes ;" and upon the ballots given against the adoption thereof, in like manner, the words, "Restriction and taxation of the liquor traffic-No."

If at said election a majority of the votes given upon said proposition shall contain the words "Restriction and taxation of the liquor traffic-Yes," then said proposition shall be added to section 47 in article IV. of the present constitution, and to section 36 in article IV. of said amended constitution, if the latter is adopted.

Mr. Parker offered the following:

Resolved, That a committee of three be appointed to draft resolutions of respect in memory of Hon. Levi Walker, deceased, late member of this House from the third district, Genesee County;

Which was adopted.

The Speaker announced as such committee, Messrs. Parker, Burns, and Rose.

Mr. Taylor offered the following:

Resolved, That a committee of three be appointed to draft resolutions expressive of respect for Benjamin Walker deceased, of the second district of Shiawassee county;

Which was adopted.

The Speaker announced as such committee, Messrs. Taylor, Parsons, and Blackman.

Mr. Remer offered the following:

Resolved, That the amended Constitution of the State, as reported to the Governor by the Members of the Constitutional Commission in accordance with the joint resolution of the Legislature, passed at the regular session of 1873, be first referred to the committee of the whole, and taken up section by section as preliminary to further action by this House.

Which was adopted.

Mr. Watkins offered the following:

Resolved, That one thousand copies of the Governor's message be furnished by the Clerk for the use of the members of the House.

Which was adopted.

On motion of Mr. Rose,

The House adjourned.

Lansing, Wednesday, March 4, 1874.

The House met pursuant to adjournment, and was called to order by the Speaker.

Prayer by Rev. Mr. Fairfield.

Roll called: quorum present.

Absent without leave, Messrs. Bottomly, Buel, Edwards, Eggleston, Harris, Hoar, Kipp, Knapp, Perry, Speed, Warren, and West.

MOTIONS AND RESOLUTIONS.

Mr. Withington offered the following:

Resolved, That the proposed new Constitution be printed in bill form for the use of the House;

Which was not adopted.

Mr. Thomas presented the credentials of Hon. William F. Harden, member elect from the second district of Allegan county, in place of Hon. Charles W. Watkins, resigned.

Mr. Harden came forward and took and subscribed the constitutional oath of office, and took his seat.

GENERAL ORDER.

Mr. Ripley moved that the House do now resolve itself into a committee of the whole for the consideration of the proposed amendments to the Constitution.

Mr. Bartholomew moved to amend the motion so that, the Speaker remaining in the chair, the House proceed to work as in committee of the whole; Which was accepted.

The motion as amended then prevailed.

Section 1, Article I., of the proposed Constitution, being under consideration, Mr. Bartholomew moved to strike out the section;

Which motion did not prevail.

Mr. Shaw moved to reconsider the vote by which the House refused to strike out the section;

Which motion prevailed.

The question being on striking out the section,

On motion of Mr. Greusel,

Leave was asked to sit again for the consideration of this section.

Section 2 being under consideration,

Mr. J. Walker moved to strike out the word "Lansing," and insert the word "Jackson" in lieu thereof;

Which motion did not prevail.

Mr Edwards moved to amend the section by striking out the word "Lansing." and inserting the word "Detroit" in lieu thereof;

Which motion did not prevail.

The section was then passed.

Article II. being under consideration, sections 1 and 2 were passed.

Mr. Ripley moved to amend section 3 by inserting after the word "enlarged," in line 2, the words "on account of his religious belief;"

Which was agreed to.

Mr. Remer moved to amend section 3 by adding at the end thereof the following: "But the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State;"

Which was not agreed to.

The section was then passed.

Sections 4, 5, and 6 were passed.

Mr. Speed moved to amend section 7, by inserting in line 5, after the word cases," the words, except in cases of felony;"

Pending which,

On motion of Mr. Hoyt,

Leave was asked to sit again for the consideration of this section.

Sections 8, 9, and 10 were passed.

Mr. Ripley moved to amend section 11, by striking out the words "or the presumption great,"

Which was not agreed to.

The section was then passed.

Section 12 was passed.

Mr. Ripley moved to strike out section 13.

Which motion did not prevail.

The section was then passed.

On motion of Mr. Hoyt,

Leave was asked to sit again for the consideration of section 14.

Sections 15, 16, 17, 18, 19, and 20 were passed.

Mr. Ripley moved to amend section 21 by inserting after the word "inheritance" the words "and conveyance and transmission by will or descent."

Which was not agreed to.

The section was then passed.

Section 22 was passed.

Mr. Thomas moved that Articles I. and II. be reported back with the amendments made, and that leave be asked to sit again.

Which motion did not prevail.

Article III., sections 1 and 2, was passed.

Article IV. being under consideration, section 1 was passed.

Mr. Blackman moved to amend section 2, by striking out the following: "by authorizing the election of two Senators in that portion of the State now included within the limits of the Thirty-second Senatorial District;"

Which was withdrawn.

On motion of Mr. Blackman,

Leave was asked to sit again in the consideration of this section.

On motion of Mr. Hoyt,

Leave was asked to sit again for the consideration of sections 3 and 4.
Section 5 was passed.

Mr. Thomas moved to amend section 6 by inserting after the word "attorney," the word "supervisor."

Mr. J. Walker moved to amend the amendment by inserting after the word "supervisor," the words " or physician."

Which was agreed to.

The motion as amended did not then prevail.

Mr. Speed moved to amend the section by inserting after the word "attorney," the words "county auditor;"

Which motion prevailed.

Mr. Edwards moved to amend the section by striking out the words "regent of the University, or;"

Mr. Morse moved to amend the amendment by making it read as follows: "except that of regent of the University or member of the board of education;" Which was agreed to.

The amendment as amended was then agreed to.

The section was then passed.

Sections 7 and 8 were passed.

Mr. Ripley moved to amend section 9 by striking out the last line, as follows: "Nor for any cause known to his constituents before his election."

Which was agreed to.

The section was then passed.

Sections 10, 11, and 12 were passed.

Mr. Thomas moved to amend section 13 by striking out the word "fifty," and inserting "forty" in lieu thereof;

Which motion did not prevail.

The section was then passed.

Mr. Ripley moved to amend section 14, by inserting after the word “Legislature" the words "shall be presented to the Governor for his signature," and by striking out after the word "property," the words "shall be presented to the Governor."

Which motion did not prevail.

Mr. Luce moved to strike out the word "operative" "wherever it occurs in section 14, and insert in lieu thereof the words "a law;"

Which motion prevailed.

Mr. Noyes moved to amend section 14 by striking out the word "and," in line 2, and inserting "also" in lieu thereof;

Which motion prevailed.

The section was then passed.

Mr. Noyes moved to amend section 15 by striking out the word "four,” in line 2, and inserting the word "two" in lieu thereof.

Mr. Luce moved to amend the amendment by inserting "three" instead of "two;"

Which was not agreed to.