No. 9.

1848.

REPORT OF THE COMMITTEE ON PUBLIC LANDS.

The committee on Public Lands, to whom was referred the resolution requiring them to enquire into the expediency of reducing the price of the University and State building lands, have had the same under advisement, and have instructed me to report:

The total amount of university lands selected by the State is forty-four thousand four hundred and sixteen 31-100 acres; of which there has been sold since they were put in market, nineteen thousand six hundred and six 80-100 acres; leaving a balance unsold of twenty-four thousand eight hundred and nine 51-100 acres. The whole of number acres sold during the last fiscal year was eleven hundred and eighty-two 58-100 acres, showing that should the same ratio of sales continue to be made hereafter as during the last fiscal year, it will require twenty-two years or thereabouts, to dispose of the balance of those lands. It will also be perceived that great encouragement for the purchase of those lands during the two last years, must have been given by the effect of the act of the revised statutes, chapter 60, title 12, authorizing the receipt of treasury notes or warrants drawn by the authority of the statute on the treasurer of the state, in payment for those lands, which warrants were then in market at a reduced price for cash, and made receivable at par in payment for lands, virtually operating to reduce the cost of them very materially.

Of the twenty-nine thousand nine hundred and 72-100 acres of lands granted by Congres to the state for public buildings, there has been sold in all two thousand and ninety-five 18-100 acres, leaving a balance unsold of twenty-seven thousand eight hundred and five 54-100 acres. Of these lands there was sold during the year eighteen hundred and forty-six, two hundred and ninety-six 83-100 acres only-and during the last year not any were sold whatever, notwithstanding they were offered at public sale at the

minimum price of eight dollars per acre, under the provisions of chapter 60 of the revised statutes of 1846. It is undoubtedly true that those lands are not surpassed in beauty, quality of soil and location, by any in that part of the state where they are situated, making them extremely desireable by the agriculturist; and if the valuation placed upon them was a fair one, your committee are of the opinion they would soon be sought for, and in a very short time would be purchased and occupied by actual settlers, whose improvements and dafly labor would soon convert them into flourishing and improved farms of much value; thereby materially increase the aggregate wealth of the state, and hence the benefits arising therefrom in taxes would be sensibly felt by all.

It may perhaps be hardly necessary for your committee to advert to the fact that large tracts of land belonging to this State and also to the United States, of the first quality, can be purchased in many of the counties of this State, at $1 25 per acre, and while this is the fact, is it reasonable to suppose that the emigrant or agriculturist will prefer to pay to the state from eight to twelve dollars per acre for lands of no better quality, but merely because their location is a little more desirable? The answer would seem to be irresistable. Your committee would also bring to your notice that many complaints are abroad, of the inconvenience felt in many parts of the country, in consequence of the location of those lands; school districts are frequently much deranged and the inhabitants put to great inconvenience, especially in the more sparse populated part of the country, where not unfrequently a section of those lands are located in the very heart of the settlement.

Road districts are also seriously incommoded thereby, and many other inconveniences are felt and complained of by the citizens of the new counties.

Your committee are of the opinion that some legislative action is imperatively demanded in the matter, and while they claim to be among the first to guard the rights and interests of the university and state building funds, and more particularly that of the university, yet they cannot shut their eyes against the above facts, or be untaindful of other and perhaps equally important interests of the citizens of the different parts of the state, which have been brought ' to their notice in the investigation of the matter.

Your committee are irresistibly brought to the conclusion that sound policy and even-handed justice to all, strongly dictates that the price of some or all of those lands, should be reduced. It is also their opinion that such a measure is perfectly feasible without any injury being sustained by either of the above funds mentioned.

If those lands were put into market at their fair value, they would be immediately sought for, and purchased and occupied by actual settlers. Let the moneys arising therefrom be placed at interest and at the end of ten years your committee have no hesitation in expressing their conviction that the purchase money with the interest arising therefrom, would amount to much more in the aggregate than the value of the lands at that time; besides the taxes which would accrue and other important benefits and encouragements to the settlers in the new and sparsely populated portions of the state. The committee do not deem it necessary to make a volumnious report in the matter, but believing that enough has already been said, to bring the subject before you for your serious consideration, here with introduce a bill and ask to be discharged.

RIX ROBINSON,

Chairman.

ཐཱཡཱ

To the Senate of the State of Michigan:

By a late resolution of your honorable body, I am requested to give my legal opinion whether it requires two-thirds of all the Senators elected to pass an act of incorporation: and also, whether two-thirds of a quorum of an acting Senate cannot pass an act of incorporation.

The first section of article 4 of the constitution declares that "the legislative power shall be vested in a Senate, and House of Representatives," that is, in two distinct branches or Houses. Section 10 of the same article declares that "a majority of each House shall constitute a quorum to do business."

A quorum of any body means such a number of its members as are competent by law or constitution to transact business. By sec. 10 aforesaid, a majority of each House is constituted a quorum to do business. What business? All business which the legislature may do, not coming within some well defined exception. The subsequent clause of the same section, authorizes a smaller number to adjourn from day to day, and compel the attendance of others.

A literal and fair construction of this section, in itself considered, seems to me to give to this quorum full legislative power. In other words, the section sonstitutes a majority of the members a House-a House to do business; for, when in section 11 of the same article, it is said, that "each House shall determine the rules of its proceedings," and in section 12 it is said "each House shall keep a journal of its proceedings," the word "House" must mean this quorum, properly organized.

When this quorum, thus fixed by the constitution, is present, they may proceed to do business; and the power of legislation is vested in a majority of their number. This is the general rule; if there be any exceptions, they are to be found in the constitution. There are exceptions; and we find them well defined-clearly expressed.