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Detroit, May, 1845. DEAR Sır: Your favor of the 29th ult., asking my opinion as to the constitutionality of the clause in the appropriation bill approved March 24th, 1845, "allowing to the member from Michilimackinac for extra time before the session of the legislature, at the rate of three dollars per day, to be paid on the certificate of the member," and also whether in case you entertained doubts as to the constitutionality of the provision referred to, a warrant should be drawn before the validity of the clause was tested before the supreme court, has been received.

In reply to the first question, I would say, it is one of considerable doubt, and is so important, in the principles involved, that I have not been able to examine it as yet with that core necessary to express a decided opinion upon the validity of the act. My impression is, howeyer, that it is unconstitutional. The language of the act clearly im. plies, the money appropriated is 10 be drawn from the treasury to pay a member of the legislature as such.

The constitution declares the pay of members shall never exceed three dollars per day, No specific time is stated for which they are 10 be paid; but there can scarcely be a doubt but the construction will be, that the pay is to be for the time the legislature is actually in session. But one other interpretation can be given to the constitu. tion, and that is, the members shall receive pay during the entire terms for which they were elected, whether the legislature is in session or not. This seems to me to be inadmissible. If the legislalature can pay one member for extra time, they can pay all, and the limitation would then be a nullity. The question is of such a character, I should think you would be fully justified in declining to draw a warrant, until it is passed upon by the supreme court.

In reply to the second question, it is, in my opinion, (in case you entertain doubts as to the validity of an act of the legislature,) your duty to decline acting under it, until the constitutionality is decided by the appropriate judicial tribunals.

I am respectfully,
Your ob’t servant,

HENRY N. WALKER. To the Auditor General,


No 3.





ANNUAL REPORT of the Commissioner of the

State Land Office.


Marshall, December 1, 1845. To the Legislature of the State of Michigan:

In obedience to the requirements of law, I respectfully submit the following report, exhibiting the proceedings and affairs of this office during the last fiscal year: Sales and receipts from Dec. 1, 1844, to Nov. 30, 1845, inclusive.


6,299.19 acres at $5 per acre, $31,495 95

225.40 do. at $6 88} ave. pr a. 1,550 84
160.00 balance, after deducting

former payments as pr
award of Board of
State Auditors,

115 81

T'la's s'ld 6,684.59 Total am't sold for,

$33,162 60

Receipts. On account of principal,

$20,030 63 Do. of interest,

25,437 53 Do. of penaltys

1,235 17 Do.. of rents and trespasses,

158 69 Total receipts,

$46,862 OZ Of which amount there was received at the Land Office, principal, $13,629 40 Do. int’st, penalty, rents, &c. 12,886 97

-$26,516 37 At State Treasury principal, $6,401 23 Do. do. int'st & pen'lty, 13,944 42

20,345 65

Total receipts at both offices on account school lands, $46,862 02


1,819.25 acres at $12 at per acre, $21,831
440 00 do. at $12 614 ave.

per a., 5,550 To'l ac's s'd, 2,259.25 Total am't sold for,


On acc't of principal, warrants, $15,099 90
Do. do. scrip and specie funds, 2,187 59

306 37

817,593 86 Less this am't transferred to Uni

versity interest fund, erroneously entered,

$32 20

-$17,561 66 On acc't of int'st, including $3220, above mentioned

$9,467 99 Penalty,

539 23

-$10,007 22 Total receipts,

$27,568 88

Of which amount there was rec'd at the land office, principal, rents, &c., $16,076 14 Do. do. interest and penalty, 7,271 51

-$23,347 65 At State Treasury, principal,

1,485 52 Do. do. interest and penalty, 2,735 71

4,221 23

Total receipts at both offices, on acc’t University lands, $27,568 88

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Of which amount there was received at the

land office, At State Treasury,

4,089 36

554 38

Total rec'ts at both offices on acc't State building lands, $4,613 72


Sales and Receipts. Sold to 37 pre-emption claimants

4,644.63 acres at $1 25 per acre, $5,503 80 Public & private sale, 75,917.44 do do do 91,893 93

Total acres
sold, 80,562.07 am't sold for

100,702 73

Asset lands sold,

2,250.00 do rec'd from Trustees and

for interest on lands sold, 2,768.72 5,018 72

Received for rents,

6 00

Total receipts,

$105,727 45

Of which amount there was received at the
Land Office,

102,953 73 At State Treasury,

2,768 72

Total receipts at both offices on account Int.

Imp. lands,

$105,727 45

Total amount of sales of University, School and State

building lands,

$71,266 20

Total am't of receipts on acc't of said lands, 79,074 62

do do for Int. Imp. and Asset Lands,

105,727 45

Total am't of receipts on account of all classes

of lands,

$184,802 07

Of which amount there was received

AT THE LAND OFFICE. On account of School Lands,

26,516 37 do do University Lands,

23,347 65 do do State Building Lands,

4,089 36 do do Int. Improvement Lands, 102,958 73

-$156,912 11 AT STATE TREASURY. On account of School Lands,

20,345 65 do do University Lands,

4,221 23 do do State Building Lands,

554 36 do do Int. Improvement Lands, 2,768 72 27,889 96

Total am't of receipts at both offices during the year,

$184,802 07

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