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swamp lands had been granted by the United States to the State of Arkansas, the proceeds of which, by the terms of the grant, were to be applied to the drainage of the lands. The State, in order to promote their drainage and sale, passed an act, by way of encouraging purchasers, that the lands should be exempt from taxation for the term of ten years, and issued scrip receivable in payment for them. A repeal of the act, so as to affect either the lands sold or the scrip previously issued, was held unconstitutional. We do not doubt in the least the correctness of this decision. The legislative act was a step in the performance of the condition attached to the congressional grant, and the lands had never become a part of the taxable property of the State, except subject to the performance of the condition."
This last case is on all fourz with the one under consideration, and it would be difficult to make one more similar in all its features; and what Judge Cooley says of that, may equally well be said of this: “ The legislative act was a step in the performance of the condition attached to the congressional grant, and the lands had not become a part of the taxable property of the State."
If any faith is to be put in the decision of the Supreme Court of the United States, and of our own State in particular, the conclusion is irresistible that the act of 1871, with its provisos, constitutes an irrepealable contract.
Having arrived at this conclusion, nothing need be said upon the other proposition.
E. S. EGGLESTON. Report accepted.
By the committee to investigate charges against Hon. A. H. Giddings, judge of the fourteenth judicial circuit:
Your committee, appointed to investigate certain charges of drunkenness preferred against Augustine H. Giddings, judge of the fourteenth judicial circuit, respectfully submit the following report:
The charges against Judge Giddings are contained in memorials and petitions praying for his removal from office by citizens of the counties of Osceola, Ottawa, Lake, Mecosta, and Muskegon, all in the fourteenth circuit, which said memorials and petitions were duly referred to your committee by this House.
Remonstrances from citizens of the counties of Ottawa, Muskegon, Oceana, Newaygo, Mecosta, and Lake, all in said fourteenth circuit, protesting against his removal, as well as similar protests from the bar of Grand Rapids, Kalamazoo, and Flint, were also referred to your committee.
For the purposes of inquiry, witnesses were summoned as follows: From Muskegon county, two; from Ottawa county two; from Mecosta county, two; from Osceola county, two, and from Lake county, one, all of whom were examined on oath, touching their knowledge of the truth of the charges aforesaid. Their testimony was carefully reported by a stenographer employed by your committee for that purpose, and the same is herewith submitted with this report,
Judge Giddings having been notified by your committee, was present in person during the investigation, and improved the opportunity afforded him for cross-examination of witnesses.
The testimony taken, as well as the voluntary admissions of Judge Giddings, shows that the petitioners had cause for complaint; yet the showing, as made by the testimony and admissions aforesaid, is not, in our opinion, sufficiently strong to warrant us in recommending the adoption of a resolution for his removal from office. All of which is respectfully submitted.
E. O. ROSE, Chairman.
J. C. BRUNSON. Report accepted and committee discharged.
MESSAGES FROM THE GOVERNOR.
The Speaker announced the following:
Lansing, March 18, 1873. To the House of Representatives :
I have this day signed, approved, and deposited in the office of the Secretary of State, the following:
1. An act to discontinue that portion of a certain State road running across the southeast quarter of section twenty-one in township No. 9 north, of range No. 10 west;
2. An act to authorize the “Grand Rapids Orphan Asylum” to convey and transfer its property and concerns to the “Union Benevolent Association," of Grand Rapids;
3. An act to change the name of the First Methodist Episcopal Church Society in the city of Grand Rapids;
4. An act to organize the township of Tilden, in the county of Marquette.
JOHN J. BAGLEY. The message was laid on the table.
MESSAGES FROM THE SENATE. The Speaker announced the following:
Lansing, March 20, 1873. To the Speaker of the House of Representatives :
SIR-I am instructed to return to the House, Senate bill No. 161, entitled
A bill to incorporate the city of Ionia,
In accordance with a request this day received from the House.
JAMES H. STONE,
Secretary of the Senate. Mr. Grant moved that rule 34 of the House relative to the time in which a motion to reconsider may be made, be suspended;
Which motion prevailed.
On motion of Mr. Grant,
The vote by which the House passed the bill was reconsidered.
The question recurring on the passage of the bill,
First. By striking out section four, and inserting in lieu thereof the following:
Sec. 4. The following officers shall be elected by the electors of said city: One mayor, one clerk, one treasurer, two supervisors, who shall be ex-officio assessors, one collector, four justices of the peace, four constables, and eight aldermen: Provided, That the first election held the first Monday in April one thousand eight hundred and seventy-three under this charter, the mayor, clerk, treasurer, two supervisors collector, four aldermen, and four constables shall be elected for one year, and four aldermen for two years, and four justices of the peace: And provided further, That the common council shall within five days after the said election notify the said justices of the peace elect, to appear at a certain time and place to be specified in said notice, at which time the said justices of the peace elect shall cast lots for the term of office they shall respectively hold. Said justices of the peace may qualify and enter upon the duties of their office immediately. The following officers shall be appointed by the common council: One city attorney, one health physician, fire wardens, pound masters, inspectors and measurers of firewood, one commissioner of cemeteries, one marshal, and such a police force as may be necessary, and such other officers, assistants, and agents as may be authorized by prior resolution of the common council.
Second. By striking out section 63, and inserting in lieu thereof the following, to stand as section 63:
Section 63. All town officers of the township of Ionia residing within said city shall continue to discharge all the duties of such officers until their successors shall be elected and qualified. The next township meeting for the township of Ionia shall be held at the school-house known as the Prairie Creek school-house, situated on section twenty in the said township of Ionia.
Third. By striking out section 64, and inserting in lieu therof the following, to stand as section 64:
Section 64. The township clerk of the township of Ionia shall deliver to the clerk of said city, as soon as he shall be elected and qualified, all the chattel mortgages upon the property within the limits of said city, with a book containing the entry of the same; and all personal mortgages upon property in said city shall hereafter be filed with said city clerk.
Fourth. To amend by striking out sections 65 and 66.
Fifth. To amend the numbers of sections 67, 68, 69, and 70, so that they shall stand as sections 65, 66, 67, and 68;
Which was agreed to.
The bill was then passed, a majority of all the members elect voting therefor, by yeas and nays, as follows:
E. R. Miller, F. Walker,
C. W. Watkins,