session, of necessary clerical assistants and janitors. The said secretary and clerk shall employ, for the senate and the house of representatives, such clerical assistants and such janitors as may be necessary, when the legislature is not in regular or extra session, and shall fix their compensation, but no clerical assistant so employed shall receive a greater compensation per month than that paid a committee clerk of either house of the legislature and no janitor so employed shall receive more than one hundred twenty-five dollars per calendar month. Each of the amounts appropriated by this act shall be used solely for the purposes herein stated: Pro- Proviso. vided, That if the amounts designated for any one of the purposes stated be insufficient, any surplus remaining after the payment of any other expense herein authorized may be used in the account where a deficiency seems unavoidable, it being the intent of this provision to make the entire two hundred ninety thousand, four hundred forty-three dollars and sixty cents available for the purposes stated in this act. Such sums as shall be due under the provisions of this act for assistance to the secretary of the senate, and for janitor service for the senate, when the legislature is not in session, shall be certified by the secretary of the senate, and such sums as shall be due under the provisions of this act for assistance to the clerk of the house of respresentatives, and for janitor service for the house of representatives, when the legislature is not in session, shall be certified by the clerk of the house of representatives. Any such certificate shall be countersigned by the auditor general.

SEC. 1-a. From and after January four, nineteen hundred Per diem twenty-seven, each member of the legislature shall receive for expense. expenses, during each regular and special session of the legis lature, five dollars per day, which shall be paid to the said members at such times and in such manner as the compensation of members of the legislature is paid. No member shall receive expense money unless in actual attendance at a regular or special session, which attendance shall be certified to by the secretary of the senate or the clerk of the house of representatives. There is hereby appropriated from the general fund of the state treasury for the year nineteen hundred twenty-seven, and each year thereafter, an amount sufficient for the purpose of paying the expenses herein provided for. The auditor general shall incorporate in the state tax for the Tax year nineteen hundred twenty-seven, and each year thereafter, sufficient amounts to reimburse the general fund for the appropriation hereby made for expenses of the members of the legislature. If any section, sub-section, sentence, clause or phrase of this act is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this act.

clause.

SEC. 2. The auditor general shall incorporate in the state Tax tax for the year nineteen hundred twenty-seven the sum of clause. one hundred thousand dollars, and for the year nineteen hun

Unexpended balance.

dred twenty-eight the sum of one hundred ninety thousand, four hundred forty-three dollars and sixty cents, which sums, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.

SEC. 3. Any unexpended balance at the end of the fiscal year nineteen hundred twenty-nine shall revert to the general fund in the state treasury.

This act is ordered to take immediate effect.

To the Honorable,

The President of the Senate:

April 26, 1927.

Sir-I am returning to you herewith, with my approval, senate enrolled Act No. 26, being senate bill No. 30, file No. 29, "An act to make appropriations for the legislature for the fiscal years ending June thirtieth, nineteen hundred twenty-seven, and June thirtieth, nineteen hundred twenty-eight, and June thirtieth, nineteen hundred twenty-nine, for maintenance, expenses, operation and other specific purposes," with the exception of the following Section 1-a which is hereby disapproved.

"Section 1-a. From and after January four, nineteen hundred twenty-seven, each member of the legislature shall receive for expenses, during each regular and special session of the legislature, five dollars per day, which shall be paid to the said members at such times and in such manner as the compensation of the members of the legislature is paid. No member shall receive expense money unless in actual attendance at a regular or special session, which attendance shall be certified to by the secretary of the senate or the clerk of the house of representatives. There is hereby appropriated from the general fund of the state treasury for the year nineteen hundred twentyseven, and each year thereafter, an amount sufficient for the purpose of paying the expenses herein provided for. The auditor general shall incorporate in the state tax for the year nineteen hundred twenty-seven, and each year thereafter, sufficient amounts to reimburse the general fund for the appropriation hereby made for expenses of the members of the legislature. If any section, sub-section, sentence, clause or phrase of this act is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this act."

It is admitted by all who come in contact with the legislature that its members are underpaid. Their salary of eight hundred dollars for a term of two years is so small that every member must submit to a financial loss. The imposition of this hardship does not reflect credit upon our state and should be remedied.

Despite this condition, the members of the legislature are giving the people loyal and unstinted service. I think everyone who has come in contact with this legislature must have been impressed with its sincerity, industry, freedom from personal bickering and whole-hearted devotion to the public welfare.

This bill is an attempt to increase the compensation you are to receive for your services as members of the legislature.

The voters at the November election refused to approve any increase. I believe they were absolutely wrong. But I believe also that the very foundation of popular government is the theory that the people have a right to make their own mistakes, and that no power save the people themselves has a right to presume to rectify those mistakes.

We have, however, the right and the clear duty to go back to the people, lay the facts before them and ask for a new and wiser decision. The facts have never been properly presented to the people. When they are made clear I have no doubt of the result.

I pledge myself to give every assistance within my power to apprise the public of the true state of affairs and to ask for a just and reasonable increase in the salaries of members of the legislature.

In the meantime, I am compelled with the very deepest regret to veto the item section 1-a for expenses contained in senate enrolled Act No. 26.

Respectfully,

FRED W. GREEN,

Governor.

[No. 75.]

AN ACT to amend section two of chapter sixty-four of act number three hundred fourteen of the public acts of nineteen hundred fifteen, entitled "The judicature act of nineteen hundred fifteen," being section fourteen thousand one hundred thirty-nine of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred three of the public acts of nineteen hundred twenty-five.

The People of the State of Michigan enact:

SECTION 1. Section two of chapter sixty-four of act num- Section ber three hundred fourteen of the public acts of nineteen hun- amended. dred fifteen, entitled "The judicature act of nineteen hundred fifteen," being section fourteen thousand one hundred thirtynine of the compiled laws of nineteen hundred fifteen, as last amended by act number one hundred three of the public acts of nineteen hundred twenty-five, is amended to read as follows:

SEC. 2. Such adoption and, in case a change of name is Consent desired, such change of name shall be with the consent of the required. persons hereinafter described, viz.:

1. In case the parents of such child, or either of them, are living, then with the consent of such parents, or the survivor of them: Provided, That in any case where both parents are Proviso. living and only one consents to such adoption and shall allege in the instrument of adoption that the other parent has abandoned such child for the period of one year last preceding the date of filing the instrument of adoption, or in case the parents are divorced, that such parent has not contributed to the maintenance of such child for the period of two years last preceding the date of filing the instrument of adoption, the court shall appoint a day for the hearing of the same and Hearing. give notice thereof to the parent not consenting thereto, and the notice of such hearing may be given by personal service or by publication as provided by section nine of chapter fiftytwo of act number three hundred fourteen of the public acts of nineteen hundred fifteen. Upon the hearing if the court shall find that the parent not consenting to such adoption has in fact abandoned said child as herein provided, or if the parents are divorced, that such parent who is legally liable for the support of said child has not contributed to the maintenance of such child, as herein provided, the court may enter an order of adoption as hereinafter provided and the effect of

Illegitimate.

Orphan.

Parental rights released.

Proviso.

Inmate of state public school.

Committed

to hospital, etc.

such order upon the parent not consenting to such adoption shall be the same as if such parent had in fact given his, or her, consent thereto;

2. In case said child be illegitimate, then with the consent of its mother, and if such mother be a minor, then with the additional consent of a guardian ad litem to be appointed for her by the judge of probate in the county where such proceedings are pending;

3. In case such child is an orphan or is above the age of seventeen years and has been abandoned by, or has become emancipated from, both of its parents, then with the consent of the guardian of such child, and if such child is above the age of seventeen years and has been abandoned by, or emancipated from, one of its parents, then with the consent of the parent not abandoning it or from whom said child has not become emancipated, and the legal guardian of such child;

4. In case the parents or surviving parent of such child, or the mother, if such child be illegitimate, has or have surrendered and released in a writing duly executed and acknowledged before the judge of probate or a register or deputy register of the probate court of the county in which said parents reside or may be, all his, her or their parental rights in and to such child and the custody and control thereof, to an incorporated society, asylum, hospital or home, of which such child may be an inmate, for the purpose of enabling such incorporated society, asylum, hospital or home, to have such child adopted by some suitable person, and its name changed when a change is desired, and the child made an heir-at-law under the provisions of this chapter, then with the consent of the principal officer of such incorporated society, asylum, hospital or home, and the aforementioned release executed by the parent or parents, as aforesaid, to said society, asylum, hospital or home, shall be filed with the instrument of adoption in the probate court. The effect of the surrender and release as herein provided shall be fully explained by the judge of probate or probate register or deputy register to the parent or parents executing same: Provided, That a surrender or release executed in any other state or country in accordance with the laws thereof, or a surrender or release executed in this state prior to the first day of September, nineteen hundred twenty-three, which shall have been executed in accordance with the statutes then in force, shall be valid for use under the provisions of this act;

5. In case said child is legally an inmate of the state public school, then with the consent of the superintendent of such school, and the county agent of the state welfare commission, for the county wherein the person adopting such child resides;

6. In case said child shall have been committed by an order of a court of competent jurisdiction to the care of some reputable citizen of good moral character, then with the consent of such citizen. And in case such child shall have been

committed by an order of a court of competent jurisdiction to the care of any incorporated society, asylum, hospital or home, embracing in its objects the purpose of caring for, or obtaining homes for dependent or neglected children, which has been duly licensed and approved by the state welfare commission, then with the consent of the principal officer of such incorporated society, asylum, hospital or home;

7. In any case heretofore described, if such child be over Consent of child, when the age of ten years, then with the additional consent of such required. child;

insane, etc.

8. In case any person herein designated as a parent with When parent whose consent such adoption or change of name is desired, shall be insane or mentally incompetent, then such adoption or change of name shall be with the consent of the general guardian of such insane or mentally incompetent parent, and such consent of the general guardian shall have the same force and effect as if made by the insane or mentally incompetent person while in sound mind.

Approved April 26, 1927.

[No. 76.]

AN ACT to make appropriations for the board of state auditors for the fiscal years ending June thirtieth, nineteen hundred twenty-eight, and June thirtieth, nineteen hundred twenty-nine, for maintenance and operation.

The People of the State of Michigan enact:

and pur

SECTION 1. There is hereby appropriated from the general Amounts fund for the board of state auditors for the fiscal year ending poses. June thirtieth, nineteen hundred twenty-eight, the sum of eighteen thousand two hundred twenty-six dollars and thirty cents, and for the fiscal year ending June thirtieth, nineteen hundred twenty-nine, the sum of eighteen thousand two hundred thirty-two dollars and eighty cents, for the purposes and in the specific amounts as follows:

Each of said amounts shall be used solely for the specific purposes herein stated, subject to the general supervisory control of the state administrative board.