[No. 17.] JOINT RESOLUTION to authorize and instruct the Board of State Auditors to examine into, and if they deem it justifiable, to allow the claim of Alphonso Button for injuries sustained by him from a premature discharge of a cannon while engaged in the regular performance of his duty as a member of the gun squad of the Curtenius Guard (an organized volunteer uniformed militia company, organized under the laws of the State of Michigan), at Mason, Michigan, on the third day of July, eighteen hundred fifty-eight. Resolved by the Senate and House of Representatives of the State of Michigan, That the Board of State Auditors be and are hereby authorized and instructed to examine into the claim of Alphonso Button for injuries sustained by him from a premature discharge of a cannon while engaged in the regular performance of his duty as a member of the Curtenius Guard (an organized volunteer uniformed militia company organized under the laws of the State of Michigan) at Mason, Michigan, on the third day of July, eighteen hundred fifty-eight, and if they deem said claim justifiable to allow him a monthly compensation of twentyfive dollars, from and after the expiration of the allowance made by the Board of State Auditors under Joint Resolution number eleven of the public acts of eighteen hundred ninety-seven, until such monthly payments shall in the aggregate, equal a sum to be fixed by said board, not to exceed eighteen hundred dollars: Provided, That in the case of the death of said Button before he shall have received the full sum so fixed by said board, the said monthly compensation shall thereafter be paid to the present wife of said Button, if she then survives: Provided further, That in no case shall the sum so paid to said Button or his said wife exceed the said sum of eighteen hundred dollars, and that all payments hereunder shall cease upon the death of the survivor. Resolved further, That when said board shall have ascertained and fixed the limit of compensation to be paid, if any, the Auditor General shall draw a voucher monthly upon the State Treasurer for twenty-five dollars, payable to the order of said Alphonso Button, or his present wife as his survivor as hereinbefore provided, or until the monthly payments shall have reached the limit fixed by the said board, and it shall be the duty of the said State Treasurer upon the presentation of such vouchers to pay the amounts thereof out of any moneys not otherwise appropriated. This joint resolution is ordered to take immediate effect. [No. 18.] JOINT RESOLUTION for the relief of Telesphore C. Bergeron, Private Company E, Third Infantry, Michigan National Guard. WHEREAS, The said Telesphore C. Bergeron, a private of Company E, Third Infantry, Michigan National Guard, while acting as company cook of said company on August thirteen, nineteen hundred four, while en route returning from the annual encampment of the Michigan National Guard, and while attempting to board a freight car used as the company baggage car, and where also was kept the food supply of the company, in charge of said Bergeron, at Manistique station, fell under the wheels of said car, causing such an injury that it became necessary to amputate his left foot at the instep and the right foot above the ankle; and after several months it became necessary to amputate the left leg above the ankle; Resolved by the Senate and House of Representatives of the State of Michigan, That the Board of State Auditors are hereby authorized to investigate, examine into, and if they see fit, audit and allow in the fiscal year ending June thirty, nineteen hundred six, the claim of said Telesphore C. Bergeron, if said Board of State Auditors upon such examination should find and determine that said Bergeron was acting in good faith and in the line of his duty. On such allowance the Auditor General shall issue his warrant in favor of some person to be designated by the State Board of Auditors as trustee for said Telesphore C. Bergeron for the amount so audited and allowed, payable out of any money in the State treasury, not otherwise appropriated: Provided, That the claim of said Telesphore C. Bergeron is presented within six months from the time this resolution shall take effect: Provided further, That the amount allowed shall not exceed the sum of three thousand dollars. This joint resolution is ordered to take immediate effect. Approved June 16, 1905. [No. 19.] A JOINT RESOLUTION authorizing the Governor to issue a patent of certain lands to Henry Kerouck. WHEREAS, On the seventh day of December, A. D. eighteen hundred ninety-nine, the Commissioner of the State Land Office issued to Henry Kerouck, upon his application then lately made for the purpose, settler's homestead license number eleven thousand eighty-seven for a certain tract of State swamp land, known and described as the northwest quarter of the northwest quarter of section eighteen, town thirty-one north, range nine east, State of Michigan; and WHEREAS, Subsequently the said Henry Kerouck filed an affidavit of settlement in due form in accordance with the provisions of act number 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 equity 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 Michigan, 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. [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 Representatives 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. 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 Governor 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. |