Section amended. Examiner, of, term, etc. Eligibility. [No. 221.] AN ACT to amend section one of act number one hundred forty-seven of the public acts of eighteen hundred ninetyone, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," and acts amendatory thereof, being compiler's section four thousand eight hundred eight of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred fortyseven of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," and acts amendatory thereof, being compiler's section four thousand eight hundred eight of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 1. At each annual meeting of the several boards of appointment supervisors of the different counties of the State, the said several boards of supervisors shall appoint one examiner who shall hold his office for a period of two years from and after the first day of January following his or her election, or until his successor shall have been appointed and qualified, and said examiner, together with the commissioners of schools, shall constitute a board of school examiners. Any person shall be eligible to the office of examiner who shall hold at least a second grade certificate, and has taught in the public schools at least nine months, or who has the qualifications required of commissioner in section three of this act, except an experience of twelve months as teacher. In case a vacancy shall occur at any time in the office of school examiner, the judge of probate, together with the board of school examiners of the county in which such vacancy shall have occurred, shall, within ten days after the occurrence of such vacancy, appoint some suitable person to fill such vacancy. And the person so appointed shall hold the office for the unexpired portion of the term, or until his or her successor is appointed and has qualified. Within ten days after such commissioners or examiners shall have received legal notice of his or her election, he or she shall take and subscribe the constitutional oath of office, and the same shall be filed with the county clerk. The said county commissioner so appointed, shall execute a bond with Vacancy. Oath, where filed, etc. Bond, where filed, etc. two sufficient sureties to be approved by and filed with the [No. 222.] AN ACT to repeal section nine and to amend sections three and twelve of act number one hundred forty-seven of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being compiler's sections four thousand eight hundred sixteen, four thousand eight hundred ten and four thousand eight hundred nineteen of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section nine of act number one hundred forty- Section repealed. seven of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the election of a county commissioner of schools, for the appointment of school examiners, and to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act," being compiler's section four thousand eight hundred sixteen of the Compiled Laws of eighteen hundred ninety-seven, is hereby repealed, and sections three and twelve of said act, being compiler's Sections sections four thousand eight hundred ten and four thousand eight hundred nineteen of the Compiled Laws of eighteen hundred ninety-seven, are hereby amended to read as follows: amended. SEC. 3. Persons eligible to hold the office of commissioner Eligibility. of schools must possess the following qualifications: (a) Twelve months experience as a teacher in the public Teacher. schools of this State; (b) Must be a graduate of the literary department of Graduate. some reputable college, university, or State normal school Proviso, teachers' certificate. Further proviso. Further proviso. Vacancy, how filled. having a course of at least three years: Provided, That the holder of a State teacher's certificate, or of an indorsed first grade certificate, or of a certificate granted in another state and indorsed by the State Board of Education of this State, shall be eligible in any county: Provided further, That persons' who now hold the office of commissioner of schools shall be eligible to succeed themselves: Provided further, That in counties employing less than fifty teachers a person holding at the time of his or her election a second grade certifi cate shall be eligible in the county where such certificate was granted, unless a person qualified as heretofore provided cannot be secured to fill the position. SEC. 12. Whenever by death, resignation or removal from office, or otherwise, a vacancy shall occur in the office of county commissioner of schools, the county clerk shall issue a call to the board of supervisors of the county and said board shall meet at the office of the county clerk on a date to be named in said notice, not more than ten days from the date of such notice, and said board shall appoint a person who is qualified according to statute to fill the vacancy for the unexpired portion of the term of office. Approved June 2, 1909. Sites for schools, etc.. may sell. Application. [No. 223.] AN ACT authorizing the Commissioner of the State Land Office to sell sites to school districts, churches and cemetery associations from lands held by the State as tax homestead lands. The People of the State of Michigan enact: SECTION 1. The Commissioner of the State Land Office is commissioner hereby authorized to sell sites to school districts, churches and cemetery associations from any lands held by the State of Michigan as tax homestead lands, at such price as shall be fixed by the said commissioner. The application for the purchase of such sites shall be made by the proper officers of the school district, or the trustees of the church or cemetery association, upon blanks prepared and furnished by the said commissioner for that purpose: Provided, That the said commissioner shall not sell for any such purpose any land in excess of the amount which may be necessary for the use of any such school district, church or cemetery association Provided further. That any land so sold shall be used solely for the above purposes, and when same ceases to Proviso. Further proviso, use. be used for such purpose, it shall revert to the State of Michigan. Approved June 2, 1909. [No. 224.] AN ACT to amend section eleven of act number one hundred ninety-four of the public acts of eighteen hundred eightynine, entitled "An act to revise and consolidate the laws relative to the State Board of Education," said section being compiler's section one thousand eight hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section eleven of act number one hundred Section amended. ninety-four of the public acts of eighteen hundred eightynine, entitled "An act to revise and consolidate the laws relative to the State Board of Education," said section being compiler's section one thousand eight hundred twenty-two of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: Treasurer, bond, amount SEC. 11. The board shall elect a treasurer, who shall furnish bonds with two sureties, or a surety bond from any how elected; surety company authorized by the laws of this State to exe- of. cute same, in the penal sum of not less than forty thousand dollars, conditioned for the faithful discharge of his duties. Whenever the treasurer shall furnish a surety bond which Cost of bond. shall be approved by the board, the cost thereof not exceed ing one-half per centum per annum shall be paid out of the treasury of the State of Michigan upon the, warrant of the proper officer after being first allowed by the Board of State Auditors. Such treasurer shall receive such compensation Compensation. as to the board may seem just. Approved June 2, 1909. 52 Primaries, voting machines may be used at. Authorized voting machines. When names to be printed on ballot. Party preference. Printing of ballots or slips; color. [No. 225.] AN ACT to permit the use of voting machines in primary elections in the State of Michigan and to repeal all laws inconsistent herewith. The People of the State of Michigan enact: SECTION 1. At all State, county, city and township pri maries, ballots or votes may be cast, registered, recorded or counted by means of voting machines as hereinafter provided. SEC. 2. Any voting machine which is by law authorized to be used at a general election may, by the order of the board of supervisors of any county, the common council of any city or the township board of any township, be used therein at primary elections in like manner and to the same extent that such machines may be used at general elections, and in case there are more candidates than can have their names placed on any such machines so to be used, or in case such machine is not so constructed that no voter can vote for candidates of more than one political party, then it shall be the duty of the proper election commission to designate what names shall be voted for on the machines, and to print the remaining names upon proper ballots in such manner as far as may be that the political party or parties polling the largest vote in such county for Secretary of State at the last preceding election shall be placed upon the machine, and the candidates of smaller parties shall be placed upon ballots, but all the candidates of any party shall either be upon the machine or upon a ballot. SEC. 3. Ballots or slips used with or upon any voting machine shall be printed on card board or paper of a size suitable to the machine used, but shall be of the colors required for each party or organization at primary elections. It is further provided that such ballot labels or slips shall be furnished by the board or official now required to furnish such supplies. The names of all candidates shall be alteralternating of. nated on the ballot of each party casting at least five per centum of the vote cast in the county or political subdivision at the preceding November election and shall be printed as follows: How furnished. Names, Alphabetical arrangement. Appearance of name at head First, The form shall be set up with the names of such candidates arranged alphabetically, in order according to surnames; Second, In printing each set of tickets or ballot labels for of ballot label. the several election precincts, the position of the names shall be so changed that each candidate's name for any particular office shall as far as possible appear upon the ballot labels |