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two hundred twenty-nine of the public acts of eighteen hundred fiftynine and amendments thereto, entitled “An act to provide for the settlement and drainage of swamp lands by actual settlers," and entered into and continued in possession of said lands since; and

WHEREAS, Said Henry Kerouck has in good faith cleared five acres of said land, built a frame house with shingle roof, and made other improvements thereon under said homestead license; and

WHEREAS, After said Henry Kerouck had so been in possession of said land for more than five years, and on December twenty-four, nineteen hundred four, he made and filed in the office of said Commissioner of the State Land Office final proofs of the aforesaid facts, from which it appears that said land is not of value for agricultural purposes or for homestead entry and consists of rock with very little, and in most part, no soil upon the surface; and

WHEREAS, Said Henry Kerouck, as it further appears from said proofs, did not eat and sleep on said land, but technically resided upon adjoining land, the property of his wife; and

WHEREAS, It fully and satisfactorily appears by said proofs and from personal examination of said lands made by the Commissioner of the State Land Office that said Henry Kerouck entered upon said lands and made said improvements thereon, in good faith believing he was fully complying with the law applicable thereto, and therefore, in justice and cquity is entitled to have said lands patented to him; and

WHEREAS, In strict compliance with the said statute the said Commissioner of the State Land Office cannot certify said lands for patent; therefore be it

Resolved by the Senate and House of Representatives of the State of Jichigan, That the Governor be and is hereby authorized and directed to execute and deliver to said Henry Kerouck a patent for said lands described in said license.

This joint resolution is ordered to take immediate effect.
Approved June 16, 1905.

[No. 20.]

JOINT RESOLUTION authorizing the Commissioner of the State Land

Office to investigate and determine whether it will be of benefit to the State and necessary for the public health, convenience and welfare, to deepen, widen, straighten, reconstruct and extend the “Toll Gate Drain," and if such is the case, to join in the application to the county drain commissioner for such improvement, to release the right of way therefor and to authorize and direct the Board of State Auditors to audit and allow such sums as shall be assessed as benefits against the State or lands owned by the State for benefits by reason of such drain.

Resolved by the Senate and House of Representatires of the State of Michigan, That the Commissioner of the State Land Office, be and is hereby authorized and directed to investigate and determine whether it is necessary to deepen, widen, straighten, reconstruct and extend the "Toll Gate Drain,” traversing among other lands, the following lands owned by the State of Michigan and being a portion of the Industrial School property, viz.: The east one-half of the southeast quarter of section ten, except the west ten acres of that portion thereof north of the State road; the southeast quarter of the northeast quarter of section ten; that portion of the northeast quarter of section fifteen lying north of the north line of Rumsey's Michigan Avenue addition and the additions adjacent thereto, situated in the city of Lansing in town four north, range two west, Ingham county, Michigan. And whether it is necessary for the public health, convenience and welfare that such improvement be made, and whether it will be of benefit to the lands of the State that such improvement be made, and if in his judgment such improvement is necessary to the public health, convenience and welfare, and of benefit to the lands belonging to the State, that such Commissioner of the State Land Office, for and in behalf of the State of Michigan, be and hereby is authorized and directed to join in the application to the county drain commissioner of the county of Ingham for the construction of such improvement, and is authorized and directed, if necessary, to release the necessary right of way for such drain, and the Board of State Auditors are authorized and directed to audit and allow and draw its warrant upon the State Treasurer in payment of such sums as shall be justly assessed by the county drain commissioner, or on appeal as the proportion of benefits to the State upon State lands accruing by reason of such improvement.

This joint resolution is ordered to take immediate effect.
Approved June 20, 1905.

69

CONCURRENT RESOLUTION, 1905.

[No. 1.]

WHEREAS, Stevens Thomson Mason, the fourth Governor of the Territory and the first Governor of the State of Michigan, died outside of the State, and his remains have since reposed in the vault of a cemetery now near the center of the city of New York, which is about to be destroyed; and

WHEREAS, Governor Mason's patriotic services to the State, his tireless energy in behalf of her interests, and notably his great services in the establishment of and defending the interests of the now great University of Michigan in its infancy, and in projecting the development of her mineral wealth, and the maintenance of her integrity are inseparably connected with the history of the State of Michigan, and are a part of the foundation of her prosperity; and

WHEREAS, The common council of the city of Detroit has tendered for the reception of the remains of Governor Mason a lot in Capital Park, the site of the old capitol building; therefore

Resolved by the Senate (the House of Representatives concurring), That the Legislature of the State of Michigan deems it eminently fitting that the mortal remains of Governor Mason should rest in the soil of the State he loved and served so well; and

Resolved, That the remains of Governor Mason be brought to Michigan at the time of the annual session of the Michigan Pioneer and Historical Society, June seven and eight, nineteen hundred five, and that the Gov. ernor is hereby authorized to appoint three commissioners to arrange for the transfer and burial of the remains; and be it further

Resolved, That representatives of the family of former Governor Mason be invited to attend the ceremonies and that committees from the Senate and House of Representatives be appointed to act with a committee of the common council of the city of Detroit, in preparing suitable ceremonies; and be it further

Resolved, That the Board of State Auditors is hereby authorized to audit the expenses of transferring the remains, the traveling expenses of the members of Governor Mason's family and the members of the commission.

This concurrent resolution is ordered to take immediate effect.
Approved June 13, 1905.

AMENDMENTS TO THE CONSTITUTION.

Amendment to the constitution by repealing section "relative to limiting the time for the introduction of bills," proposed by the legislature of nineteen hundred three, and ratified and approved by the people at the November election nineteen hundred four.

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Amendment to the constitution "relative to circuit courts," proposed by the legislature of nineteen hundred five, and ratified and approved by the people at the April election of nineteen hundred five.

ARTICLE SIX.

Sec. 6. The State shall be divided into judicial circuits, in each of which the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years, and until his successor is elected and qualified. The legislature may provide for the election of more than one circuit judge in the judicial circuit in which the city of Detroit is or may be situated, and in the judicial circuit in which the county of Saginaw is or may be situated, and in the judicial circuit in which the county of Kent is or may be situated, and in the judicial circuit in which the county of St. Clair is or may be situated. And the circuit judge or judges of such circuits, in addition to the salary provided by the constitution, shall receive from their respective counties such additional salary as may from time to time be fixed and determined by the board of supervisors of said county. And the board of supervisors of each county in the Upper Peninsula, and in the counties of Bay and Washtenaw and the county of Genesee in the Lower Peninsula, is hereby authorized and empowered to give and to pay the circuit judge of the judicial circuit to which said county is attached, such additional salary or compensation as may from time to time be fixed and determined by such board of supervisors. This section as amended shall take effect from the time of its adoption.

Amendment to the constitution "relative to the board of county auditors in the counties of Saginaw, Jackson, Washtenaw, Kent and Wayne," proposed by the legislature of nineteen hundred five, and ratified and approved by the people at the April election of nineteen hundred five.

ARTICLE TEN.

SEC. 10. The board of supervisors, or, in the counties of Saginaw, Jackson, Washtenaw, Kent, Wayne and Genesee, the board of county auditors shall have the exclusive power to fix the compensation for all services rendered for, and to adjust all claims against their respective counties, and the sums so fixed and defined shall be subject to no appeal.

Amendment to the constitution “relative to the improvement of the public wagon roads," as proposed by the legislature of nineteen hundred five, and ratified and approved by the people at the April election of nineteen hundred five.

ARTICLE FOURTEEN.

Sec. 9. The State shall not be a party to, nor interested in, any work or internal improvement, nor engaged in carrying on any such work except in the improvement of or aiding in the improvement of the public wagon roads and in the expenditure of grants to the State of land or other property: Provided, however, That the legislature of the State, by appropriate legislation, may authorize the city of Grand Rapids to issue its bonds for the improvement of Grand River.

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