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when necessary, and to require an accounting from the treas'urer of any school district when necessary;

(e) To require all school districts to maintain school or Statutory provide educational facilities for all children resident in such period of district, for at least the statutory period;

school.

report, what

(f) To prepare annually, and transmit to the Governor, Annual to be by him transmitted to the legislature at each biennial to contain. session thereof, a report containing a statement of the general educational conditions of the State; a general statement regarding the operation of the several State educational institutions and all incorporated institutions of learning; to present plans for the improvement of the general educational system, if in his judgment it is deemed necessary; the report shall also contain the annual reports and accompanying documents of all State educational institutions so far as the same may be of public interest, and tabulated statements of the annual reports of the several school officers of the townships and cities of the State, and any other matter relating to his office which he may deem expedient to communicate to the legislature;

teachers'

(g) To appoint a time and place and proper instructors State for a State teachers' institute, and for institutes in the several institute. counties of the State and make such rules and regulations for their management as he may deem necessary;

removal of

(h) He may request the Governor to remove from office May request any county commissioner of schools or member of the board certain of school examiners when he shall be satisfied from sufficient officers. evidence submitted to him that said officer does not possess the qualifications required by law entitling him to hold the office, or, when he is incompetent to execute properly the duties of the office, or has been guilty of official misconduct, or of wilful neglect of duty, or of drunkenness. In case Specific said superintendent shall determine the charges submitted to charges. him are well founded he shall file with the Governor a statement in writing showing the specific and definite charge or charges made against the county commissioner, and also a statement that he believes the charges to be true and that in his opinion the case demands investigation, which statement shall take the place of the statement of the prosecuting attorney of the county in which said officer is acting; whereupon the Governor shall proceed to investigate the case as the statute provides;

(i) To do all things necessary to promote the welfare of To promote the public schools and public educational institutions and welfare. provide proper educational facilities for the youth of the

State.

From and after the first day of July, nineteen hundred Salary, how nine, the salary of the Superintendent of Public Instruction paid. shall be four thousand dollars per annum which shall be paid

May appoint deputy, qualifications,

etc.

Duty.

Salary.

How paid.

Tax levy.

monthly out of the general fund in the State treasury, upon the warrant of the Auditor General, in the same manner as the salaries of other State officers are paid.

SEC. 2. In order to organize the work of the department of public instruction and assist the superintendent in the performance of his duties in supervising public education he may appoint a deputy superintendent of public instruction, whose educational qualifications shall be the same as those of the Superintendent of Public Instruction, who shall take the constitutional oath of office which shall be filed with the Secretary of State. Said deputy shall assist the superintendent in the performance of his duties and he may execute the duties of the office of superintendent in case of a vacancy or in the absence of the superintendent. The salary of the deputy superintendent shall be two thousand dollars per annum. The salary of the deputy superintendent shall be paid from the general fund, upon a warrant of the Auditor General, in the same manner that the salaries of other State officers are paid. The Superintendent of Public Instruction may revoke the appointment of the deputy superintendent in his discretion. There is hereby appropriated out of the general fund in the State treasury a sufficient amount to carry out the provisions of this act. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred nine and every year thereafter a sufficient amount to reimburse the general fund for the amounts appropriated by this act.

This act is ordered to take immediate effect.
Approved March 18, 1909.

Sections amended.

[No. 10.]

AN ACT to amend sections ten, eleven and twelve of chapter one hundred seventy-one of the revised statutes of eighteen hundred forty-six, entitled "Of county jails and the regulation thereof," such sections being sections numbers two thousand six hundred fifty-nine, two thousand six hundred sixty and two thousand six hundred sixty-one of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Sections ten, eleven and twelve of chapter one hundred seventy-one of the revised statutes of eighteen hundred forty-six, entitled "Of county jails and the regulation thereof," such sections being sections numbers two thousand six hundred fifty-nine, two thousand six hundred sixty and

two thousand six hundred sixty-one of the Compiled Laws of eighteen hundred ninety-seven are hereby amended to read

as follows:

work on

of.

SEC. 10. The board of supervisors of any county in this Prisoners may State may, by resolution passed at any regular or special highways, etc. session, order that any or all male prisoners over the age of eighteen years under a sentence of imprisonment in the County jail, capable of performing manual labor, shall be required to work upon the public highways, streets, alleys and public roads, or in any quarry, pit or yard in the preparation or construction of materials for such public highways, streets, alleys or roads in any township, city or vil lage in such county. Whenever any such resolution shall Sheriff, duty be passed, it shall be the duty of the sheriff to cause such prisoners to be put at work in such manner as may be provided in the resolution of the board of supervisors. The commis- Application sioner of highways of any township and the village or city authorities of any village or city in the county may make application to have such prisoners work in any township, city or village in such manner as shall be prescribed by the board of supervisors, and the said board shall have the right to determine in what township, city or village such prisoners shall work.

for prisoners.

prisoners.

additional

SEC. 11. All work performed by any such prisoners shall Work, how be performed under the direction of the highway commis- directed. sioner of the township or the authorities of the city or vil lage where the work is done. All such prisoners while engaged in such work shall be under the control and custody of the sheriff. All tools necessary for use by such prisoners and Tools all materials upon which work is to be performed shall be furnished by the township, city or village in which the work is done. The sheriff shall take such precautionary measures Escape of as may be deemed necessary to prevent the escape of prisoners employed under the provisions of this act, and in case any prisoner employed shall escape, it shall be deemed to be an escape from the jail: Provided, That no additional deputy Proviso, sheriff shall be appointed to guard such prisoners while so guard. at work without the previous authorization of the board of supervisors. The board of supervisors is hereby vested with Reimburseauthority to reimburse the sheriff for any expenses incurred ment. in conveying such prisoners to and from any such road, street, alley, highway, quarry, pit or yard, or in properly guarding them while beyond the confines of the county jail: Provided, Proviso, That all meals and food shall be furnished by the sheriff meals. to such prisoners in the same manner as though they were confined in the county jail: Provided further, That the board Further of supervisors shall have authority to provide for keeping such proviso. prisoners at places other than the county jail while they are performing such work as is authorized under the provisions

of this act.

Compensation.

Record and report.

SEC. 12. No prisoner shall be entitled to any compensation either from the county, township, city or village in which he is employed for any services performed in accordance with the requirements of this act. It shall be the duty of the sheriff to keep a record of the number of days worked by each prisoner and the township, city or village in which such work was performed, and report in full to the board of supervisors at each regular session.

Approved March 18, 1909.

Section amended.

[No. 11.]

AN ACT to amend section fourteen of act one hundred eleven of the public acts of eighteen hundred eighty-nine, entitled "An act to protect fish and to regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the catching and killing in the lakes, rivers and streams of this State of more than a certain number of certain specified kinds of fish in any one day, by prohibiting the taking away and having possession of more than a certain number of such fish at any point away therefrom, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish culture, and to repeal inconsistent acts," being compiler's section five thousand eight hundred seventy-four of the Compiled Laws of eighteen hundred ninety-seven.

The People of the State of Michigan enact:

SECTION 1. Section fourteen of act one hundred eleven of the public acts of eighteen hundred eighty-nine, entitled "An act to protect fish and to regulate fishing in the waters of this State, by providing close seasons for certain kinds of fish, by prohibiting the catching of fish in certain specified ways, by prohibiting the catching of fish of certain sizes and in certain waters and for certain purposes, by prohibiting the catching and killing in the lakes, rivers and streams of this State of more than a certain number of certain specified kinds of fish in any one day, by prohibiting the taking away and having possession of more than a certain number of such fish at any point away therefrom, by prohibiting the obstruction of the free passage of fish, and by prohibiting the sale of certain kinds of fish, to protect persons engaged in fish

culture, and to repeal inconsistent acts," being section five thousand eight hundred seventy-four of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows:

SEC. 14. Any person who shall be found guilty of a viola- Penalties. tion of any provision of this act, except those provisions contained in section three hereof, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than five dollars and not more than one hundred dollars and the costs of prosecution, and in default of payment thereof shall be confined in the county jail until such fine and costs shall be paid; but such confinement shall not exceed thirty days. Any person guilty of a violation of section three of this act For use of exmay be punished in the discretion of the court by a fine of plosives, etc. not less than twenty-five dollars and not more than one hundred fifty dollars, and in addition thereto by imprisonment

in the county jail for not less than thirty days nor more than one hundred fifty days.

Approved March 18, 1909.

[No. 12.]

AN ACT to provide for the election of a Superintendent of
Public Instruction.

The People of the State of Michigan enact:

SECTION 1. At the biennial spring election to be held on When elected, the first Monday in April, nineteen hundred nine, and every term. second year thereafter, there shall be elected a Superintendent of Public Instruction, who shall hold office for a period of two years from the first day of July following his election. and until his successor is elected and qualified. The person receiving the greatest number of votes at such election shall be by the State Board of Canvassers declared elected to such office.

This act is ordered to take immediate effect.
Approved March 18, 1909.

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