Thompson v. Secretary of State

159 N.W. 65, 192 Mich. 512, 1916 Mich. LEXIS 812
Michigan Supreme Court·Decided September 2, 1916·No. Calendar No. 26,993·Published·Cited by 51 cases

Opinion

Person, J.

This is an application for a writ of mandamus by which the secretary of State shall be [515]*515required to recanvass a petition filed with him under the referendum clause of the Constitution. Some phases of the ease were necessarily considered by this court in the framing of an issue of fact under the pleadings. 191 Mich. 303 (157 N. W. 1067). That issue, namely, “Do the petitions from Kent and Wayne counties, on file with the secretary of State, appear, upon their face to be regular and to comply with the constitutional provision, article 5, section 1?” was reserved by this court to be determined through an inspection of the petitions themselves. Such inspection has been had, and the case is now before us for final determination. The important facts from which the contest has arisen, and which are without dispute, are as follows:

At the session held in the year 1915, Senate Enrolled Bill No. 93 passed both branches of the legislature, received the approval of the governor, and became Act No. 304 of the Public Acts of 1915 (2 Comp. Laws 1915, § 9388). Its title shows its general purpose:

“An act to amend section one of act number one hundred sixty-nine of the Public Acts of nineteen hundred thirteen, entitled ‘An act to define what shall constitute fraternal beneficiary societies, orders or associations ; to provide for their incorporation and the regulation of their business, and for the punishment for violations of this act, and to repeal all existing acts or parts of acts inconsistent therewith,’ approved May two, nineteen hundred thirteen.”

The final adjournment of that session~of the legislature took place on the 25th day of May. Before the expiration of ninety days thereafter a petition under the provisions of section 1, art. 5, of the Constitution, as amended in 1913, was filed with the secretary of State, asking that the‘aforesaid act be submitted to' the electors for approval or rejection. Upon a canvass [516]*516of this petition the secretary of State decided that it had been signed by the requisite number of qualified electors; and on the 24th day of August, 1915, he made his proclamation to that effect. A copy of the material portion of this proclamation appears in Thompson v. Secretary of State, supra. The consequences of the petition, if sufficient, and of the proclamation, if warranted by the petition, will more fully appear upon a consideration of section 1, art. 5, of the Constitution, which, so far as material to this case, reads as follows:

“The legislative power of the State of Michigan is vested in a senate and house of representatives; but the people reserve to themselves the power to propose legislative measures, resolutions and laws; to enact or reject the same at the polls independently of the legislature; and to approve or reject at the polls any act passed by the legislature, except acts making appropriations for State institutions and to meet deficiencies in State funds. The first power reserved by the people is the initiative. * * *
“The second power reserved to the people is the referendum. No act passed by the legislature shall go into effect until ninety days after the final adjournment of the session of the legislature which passed such act, except such acts making appropriations and such acts immediately necessary for the preservation of'the public peace, health or safety, as have been given immediate effect by action of the legislature.
“Upon presentation to the secretary of State within ninety days after the final adjournment of the legislature, of a petition certified to as herein provided, as having been signed by qualified electors equal in number to five per cent, of the total vote cast for all candidates for governor at the last election at which a governor was elected, asking that any act, section or part of any act of the legislature, be submitted to the electors for approval or rejection, the secretary of State, after canvassing such petition as above required, and the same is found to be signed by the requisite number of electors, shall submit to the electors for approval or rejection such act or section or part of any act at. [517]*517the next succeeding general election; and no such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon. * * *
“Any initiative or referendum petition may be presented in sections, each section containing a full and correct copy of the title and text of the proposed measure. Each signer thereto shall add to his signature, his place of residence, street and number in cities having street numbers, and his election precinct. Any qualified elector of the State shall be competent to solicit such signatures within the county in which he is an elector. Each section of the petition shall bear the name of the county or city in which it is circulated, and only qualified electors of such county or city shall be competent to sign such section. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating his own qualifications and that all the signatures to the attached section were made in his presence, that each signature to the section is the genuine signature of the person signing the same, and no other affidavit thereto shall be required. Such petitions so verified shall be prima, facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified electors.
“Each section of the petition shall be filed with the clerk of the county in which it was circulated, but all said sections circulated in any county shall be filed at the same time. Within twenty days after the filing of such petition in his office, the said clerk shall forward said petition to the secretary of State. Within forty days from the transmission of the said petition to the secretary of State, a supplemental petition identical with the original as to the body of the petition, but containing supplemental names, may be filed with the county clerk, and such supplemental petition shall be forwarded to the secretary of State by said clerk within ten days after the filing of the same.”

Following the proclamation by the secretary of State, and in the following October, relators filed their petition herein, praying that a writ of mandamus issue from this court to the secretary of State, requiring him:

[518]*518“(A) To recount and recanvass on said referendum petitions filed from the counties of Kent and Wayne, only those signatures of signers thereof who added to their respective signatures their place of residence, street and number in cities having street numbers,, and their election precinct.
“(B) To recount and recanvass on said referendum petition only these sections, which bear the name of the city or county in which it was circulated.
“(C) To recount and recanvass on said referendum petition only the signatures of such qualified electors, of the city or county where such section was circulated.
“(D) To recount and recanvass only those sections which have attached thereto an affidavit of the circulator or solicitor who circulated the said section, which complies with the requirements and provisions of section one of article five of the Constitution of this State.

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Thompson v. Secretary of State, 159 N.W. 65, 192 Mich. 512, 1916 Mich. LEXIS 812 (Mich. 1916).

159 N.W. 65 (Thompson v. Secretary of State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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