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FOR DANIEL L. CROSSMAN. Mr. Abbott, Mr. Ferguson,
FOR HENRY L. ANTHONY.
Mr. S. A. Strong,
Thorpe. The Speaker announced that Daniel L. Crossinan, having received a majority of all the votes cast, was duly elected to the office of Clerk of the House. On motion of Mr. Willett,
The House proceeded to the election of Sergeant-at-Arms, with the following result:
FOR WILLIAM K, CHILDS.
Mr. Estabrook, Mr. Ludington, Mr. Shattuck,
FOR GEORGE THOMAS.
S. A. Strong,
FOR JOHN W. HAYWARD. Mr. McCormick, Mr. McNabb, Mr. Moulton,
Mr. Powers, 4 FOR GEORGE PHELPS. Mr. Burton, Mr. Hamilton,
2 FOR COL. J. H. MCLAUGHLIN. Mr. Robison,
1 FOR A. L. SKINNER. Mr. McCormick,
1 FOR GEORGE SHOEMAKER. Mr. Blackman,
1 The Speaker announced that Mr. William K. Childs, having received a majority of all the votes cast, was duly elected to the office of Sergeant-at-Arms of the House.
On motion of Mr.
The House proceeded to the election of Enrolling and Engrossing Clerk, with the following result:
FOR VALORUS W. BRUCE.
82 FOR DAVID B. PURINGTON. Mr. Burton, Mr. Lewis,
Mr. S. A. Strong,
9 Knight, FOR DANIEL E. SOPER.
1 Mr. McNabb,
FOR ANDREW J. STEBBINS.
FOR HORATIO M. STIMSON. Mr. McCormick,
1 The Speaker announced that Valerous W. Bruce, having received a majority of all the votes cast, was duly elected Enrolling and Engrossing Clerk of the House.
The Chief Clerk, Sergeant-at-Arms, and Enrolling and Engrossing Clerk elect then came forward, took and subscribed the constitutional oath of office and entered upon the discharge of their respective duties. Mr. Chase offered the following resolution:
Resolved, That the rules of the last House of Representatives be adopted as the rules of this House until further ordered ; Which was adopted, two-thirds of all the members elect voting therefor. Mr. Mosher offered the following resolution : Resolved, That the chief Clerk and Sergeant-at-Arms be each empowered to appoint two assistants, and the Enrolling and Engrossing Clerk one assistant; Which was adopted. Mr. Willett offered the following concurrent resolution :
Resolved (the Senate concurring), That the joint rules of the Senate and House of Representatives in joint convention of the last Legislature, be and they are hereby adopted as the rules of the present Senate and House, until otherwise ordered ;
On motion of Mr. Twadell,
The rules were suspended, two-thirds of all the members present voting therefor, and the concurrent resolution was adopted.
Mr. Yeomans offered the following resolution:
Resolred, That the hour for meeting for the daily session of this House be at 10 o'clock A. M., until further ordered. Which was adopted.
Mr. Browne moved that a committee of three be appointed to wait upon the Senate and inform that body that the House is now organized and ready to proceed to business.
Which motion prevailed.
The Speaker appointed as such committee Messrs. Browne, Brad field, and Monlton.
On motion of Mr. Sharts,
Lansing, Thursday, January 2, 1879. The House met pursuant to adjournment and was called to order by the Speaker.
Prayer by Representative Sharts.
Mr. Bradfield announced that Mr. C. Briggs, of Houghton county, was present, and desired to take his seat.
Mr. Abbott announced that Mr. L. B. Miller, of the first district of Monroe county, was present, and desired to take his seat.
Whereupon the two gentlemen named, came forward, took and subscribed the constitutional oath of office, and entered upon the discharge of their duties.
PRESENTATION OF PETITIONS. No. 1. By Mr. Allen: Petition of Watson Snyder, D. B. Green, and 387 others, citizens of Michigan, asking for the establishment of a reform school for girls ;
Referred to the committee on State affairs.
No. 2. By Mr. Stevens: Petition of numerous merchants and business men of Michigan, relative to insolvent debtor laws;
On demand of Mr. Stevens
The petition was read at length and spread at large on the journal, as follows: To the Senate and House of Representatives :
The undersigned, merchants and business men of the State of Michigan, respectfully represent:
That since the passage of the late Bankrupt Act of March 20, 1867, there has been no legislation directed to that code so vital in its importance to every coinmercial community which regulates the relations between the debtor and creditor classes.
That during the period which has elapsed since the passage of the bankrupt law, the material and commercial wealth and importance of this State has made wonderful progress, and the repeal of the bankrupt law has left our statute books without legislation, corresponding with the changing needs of the community in that regard.
We urge upon your attention the general need of a revision of our State laws upon insolvency and in regard to the collection of debts, and most respectfully, but earnestly, demand immediate attention to the subject.
Without attempting, in the space which a memorial should cover, to call attention to all the defects which time has developed in our system of laws in the premises, we call your attention to a few, which, it seems to us, in the interest of the material prosperity of this State, call for the earliest remedy.
I.-THE CHATTEL MORTGAGE LAW.
1. The validity of a mortgage upon a stock of goods, which in itself provides that the debtor may continue the business and buy and sell in the ordinary way of trade.
2. Which provides that it shall cover goods purchased and put into the stock after the giving of the mortgage; and
3. That such a mortgage, even if not filed, and even if concealed from the
public, and especially from merchants giving credit without notice of it, is good against such creditors and all the world, if possession be taken under it, or if it be filed before actual levy of attachment or execution or sale to another without notice, for a valuable consideration.
So that it has become a common thing for a merchant to give a chattel mortgage upon his stock, which is concealed until credit is obtained and new goods purchased without notice to creditors of such mortgage, and then for the mortgagee to take the goods so purchased, and which were not in the possession of the debtor when the mortgage was given, and leave the creditors so selling such goods with nothing to pay the debts so contracted.
The law should be so amended, also, as to require the mortgage, or copy of it, to be filed, as well where the goods are situated as where the mortgagor resides.
II. The repeal of the bankrupt act leaves the creditor absolutely no rights against the swindling debtor who may make up his mind to convey his property fraudulently after its purchase and before the maturity of the credit.
The law should be so amended as to allow the merchant to interfere in cases of open fraud in the disposition of goods, even before the maturity of the credit upon which the goods were sold.
III. The law passed at your session of 1877, requiring voluntary assignees of insolvent debtors to give bonds, has been declared unconstitutional by the supreme court, so that the law stands as it did before; that an insolvent debtor can in this state, without consultation with his creditors, make an assignment of all his property to any person he may select, responsible or irresponsible, and there is nothing to compel the assignees so chosen to give security that he will eren honestly administer the assets.
Again, the law of this State allows the debtor to make preferential assignments. And this is the only state, we submit, which makes any claim to commercial importance, which allows that infamous instrument of fraud on creditors, the "Common Law Preferential Assignment."
Your petitioners pray that, the premises being considered, your honorable bodies will take into consideration the leading subjects above referred to, early in your session this winter,
And your petitioners will ever pray;
No. 3. By Mr. Granger: Petition of T. North, and 30 others, for the establishment of a reform school for girls ;
Referred to the committee on state affairs.
No. 4. By Mr. Pray: Petition of many citizens of North Plains, Ionia county, for the passage of resolutions relative to female suffrage;
Referred to the committee on elections.
No. 5. By Mr. Stevens: Petition of Mr. Rutan, Mrs. E. H. Leaming, Mrs. E. P. Church, and 255 others, citizens of Greenville, Montcalm county, for the establishment of a reform school for girls ;
Referred to the committee on state affairs.
No. 6. By Mr. Cutcheon : Petition of James E. Forrest, and 48 others, citizens of Au Sable, Iosco county, for authority to issue bonds of said village to defray the expense of the erection of a bridge across the Au Sable river within said village;
Referred to the committee on municipal corporations.
No. 7. The Speaker announced the following as received by mail: Communication of B. B. Knowlton, of Brockway Center, St. Clair county, Mich.