OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 11

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-11/

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property, if he be living. Whenever so re
quested in writing by any person inter
ested, it shall be the duty of the attorney
general to repuesent the beneficiaries in
all such cases, and to enforce such
trusts by appropriate proceedings.
Sec. 2. Nothing in this act contained
shall in any manner impair, limit, or
abridge the operation and efficacy of the
whole or any of the provisions of chapter
158 of the laws of 1895. entitled, "An act
to provide for the organization and
government of societies organized to ad
minister and furnish relief and charity for
the worthy poor who may reside In a
designated locality, or of any right or in
terest already vested, or of any girt,
grant, devise, bequest, or will, made by
any person now deceased or of the laws
applicable to the enforcement and en
joyment thereof, or to apply to or af
fect any litigation now pending In any
of the courts of this state.
Sec. 3. All acts and parts of acts, in
consistent with the provisions of this act,
are hereby repealed.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved April 4, 1903
CHAPTER 133H. P. NO. 658.
AN ACT to authorize the board of coun
ty commissioners of the several coun
ties of the State of Minnesota to issue
bonds to pay for building a court house,
in any of said counties, now in the
course of construction, and for which
contracts have been entered into by
said board of county commissioners of
said counties.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The board of county com
missioners of the several counties of the
State of Minnesota which have entered
Into a contract for building and con
structing a court house, by which any
obligation has been created prior to the
passage of this act, and have expended at
least $7,000.00 towards building a court
house for the use of such county, are
hereby authorized and empowered to is
sue at any time prior to the first day of
September, 1903, the bonds of said coun
ties for an amount not exceeding thirty
five thousand dollars, with interest
coupons attached, for the purpose of pay
ing such obligation and indebtedness of
said county, which bonds and the pro
ceeds thereof shall be used for no other
purpose than that of completing the
building of such court house.
Sec. 2. The said bonds shall be in such
sums as the board of county commission
ers shall determine, and shall bear in
terest at a rate not exceeding five per
cent per annum, payable annually.
The principal shall become due and
payable at such time or times as the said
board of county commissioners may by
resolution determine, not less than five
(6) or more than twenty (20) years from
the date of the issuance or said bonds, re
spectively.
Sec. 3. The bonds ana the Interest
coupons attached, issued under the provi
sions of this act, shall be signed by the
chairman of the board of county commis
sioners, and attested by the auditor, and
sealed with his official seal, and be made
payable at the office of the county treas
urer of said county. The auditor shall
keep a record of all bonds issued under
the provisions of this act, which record
shall show the date, number and amount
of each bond the rate of interest the
time when due the place where payable,
and the name of the party to whom is
sued.
Sec. 4. The board of county commis
sioners shall, annually, after the date of
issuance of said bonds, levy a tax upon
the taxable property of said county, in
addition to all other taxes levied, suffi
cient to pay the interest accruing yearly
upon the bonds issued in pursuance to
this act and when any of the principal
Is about to become due, they shall in like
manner levy a sufficient amount of taxes
to pay such principal when due.
Sec. 6. The board of county commis
sioners shall have authority to negotiate
Baid bonds but for not less than their par
value.
Sec. 6. This act shall apply to unor
ganized counties as well as to organized
counties, except counties having a pop
ulation of more than 100,000 people.
Sec. 7. This act shall take effect and
be in force from and after its passage.
Approved April 6, 1903.
CHAPTER 134H. P. NO. 42.
AN ACT to enable the Minnesota state
forestry board to purchase land for for
estry purposes.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The Minnesota state fores
try board is hereby authorized to acquire
by purchase for the state at not exceed
ing two dollars and fifty cents ($2.50) per
acre and preferably at the sources of
rivers any land in this state that Is
adapted for forestry but not to exceed in
any one congressional township, one
eighth part of the area of such township,
and to take such steps as are necessary
to maintain forest thereon according to
forestry principles. One-quarter part of
the net forest revenue from such lands
shall always be paid to the respective
towns in which the lands are situated.
No money shall be paid by the state for
any such land until the attorney general
shall certify that the deed thereof con
veys a clear title in the state.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 135H. F. NO. 97.
AN ACT to appropriate money to reim
burse Anthony Yoerg for his expenses
incurred in the contest of his election
as a member of the legislature of the
State of Minnesota for the year 1903.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the sum of $349.00 be
and the same is hereby appropriated out
of any money in the state treasury not
otherwise appropriated, to be paid to An
thony Yoerg, a member of the present
house of representatives of the legislature
of the State of Minnesota to reimburse
him for his expenses Incurred In the con
test for his seat in the said house insti
tuted against him by one Charles S.
Schurman. That a warrant payable to
said Anthony Yoerg or his order, for said
sum be drawn by the proper officer of
the State of Minnesota, and be delivered
to him, or to his order, for payment.
Sec. & This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 136H. F. NO. 105.
AN ACT to provide for the erection of
a suitable monument and tablets to the
Minnesota troops who fought on the
battle field of Vicksburg, in the State
of Mississippi, in 1863, in the National
Park set apart and improved under the
act of congress of February twenty
first, eighteen hundred and ninety-nine.
Whereas, under the act of the legisla
ture of the State of Minnesota, approved
April 2d, 1901, the governor of the State
of Minnesota appointed a commission, as
in said act provided, which commission
has discharged the duties in said act
specified, and determined the positions of
the Minnesota troops and organizations in
the assault and siege of Vicksburg, and
designated the positions held by the re
spective organizations and the places
where the soldiers of this state fell in
said assault and siege, and have recom
mended that the sum of forty thousand
dollars should be appropriated to per
manently and suitably mark the position
of such troops and worthily commemo
rate the valor and services of the Minne
sota soldiers in the campaign and siege
of Vicksburg and,
Whereas. The United States government
has already designated the principal
lines of battle and investment upon the
historic battlefield of Vicksburg, by con
structing broad avenues thereon and set
ting apart certain circles designating the
position occupied by the commander of
the Union forces, and many states rep
resented by volunteer forces In said army
are about to, erect at appropriate places
elegant and enduring monuments mark
ing the positions and containing brief rec
ords of all the services of the several
regiments and organizations there en
gaged and.
Whereas, the Third, Fourth and Fifth
regiments of Minnesota infantry volun
teers, and the First Minnesota battery
rendered most distinguished services in
said campaign, and in the assault and
siege of Vicksburg, executing every or
der of their respective commanders,
carrying every position on the respective
battle fields that they were directed to
carry, and in the assault moving forward
to the ditch of the enemy's fortifications
at great sacrifice of life.
Now, Therefore:
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That there be constructed
and erected a suitable monument to the
Third. Fourth and Fifth regiments of
Minnesota volunteers, and of the First
Minnesota battery, on or near the circles
Indicating the position of General Grant's
headquarters during the siege of Vicks
burg and in addition three bron2e tab
lets, one on .or near the position where
the troops of the Fourth Minnesota in
fantry fell in the assault on the 22d day
of May, 1S63, near where the Baldwin
ferry road passed through the Confeder
ate works one on the ground over which
the Fifth Minnesota Infantry made its
assault on the same day, and one on the
position occupied by the First Minnesota
battery.
Sen. 2. There shall be lnseribed on such
monument and tablets, in addition to
other appropriate Inscriptions, such leg
ends and inscriptions as will suitably
ommemorate the services rendered by
1ZSe*c
KRUEtfcK!
the Third and Fifth Infantry in the lines
of clrcum-vallation and in positions not
included in the area of the National Park,
and on such tablets shall be inscribed
the names of tne Minnesota soldiers who
fell in the siege and assault of Vicks
burg.
Sec. 3. Any money which may be ap
propriated to carry out the provisions of
this act shall' be drawn from the treasury
by the governor upon his warrant or
requisition therefor.
Sec. 4. The governor is hereby author
ized to appoint three commissioners who
shall serve without compensation, but
whose necessary expenses may be paid
from any moneys which may be appro
priated to carry out the provisions of
this act (but such expenses shall not ex
ceed the sum of one thousand ($1,000)
dollars). Said commissioners shall devise
a design and plan of such monument and
tablets and contract for their construc
tion and erection, after such designs and
plans have been furnished to the Vicks
burg Park commissioners,' and by tnem
been submitted to the secretary of war
and received his written approval of the
same, and of the positions in which the
same are to be placed, and also after
same have been approved by the governor
rt# tnf* Stilt
Sec 5. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 137-H. F. NO. 114.
AN ACT to legalize the expenditure or
money by cities or villages to secure the
opening of government or In^aa laJftds
lying adjacent thereto or in tho imme-,
diate vicinity thereof.
Be it enacted by the legislature of the
State of Minnesota: r.
Section 1. That whenever the common
council of any city or village of this state
lying adjacent to or in the immediate
vicinity of any Indian reservation not
yet opened for settlement, the opening of
which would greatly benefit such cities
or villages, have between the first day pi
January, 1902, and the first day of April,
1903. expended money for the purpose or
paying the necessary expenses of dele
Kates to lay the matter of opening such
lands to settlement before the govern
ment of the United States at Washing
ton, such expenditures are hereby legal
This act shall take effect and
be in'force from and after its passage.
Approved April 8, 1903.
CHAPTER 138H. F. NO. 293.
AN ACT to amend section one thousand
five hundred fourteen (1514) of General
Statutes of one thousand eight hundred
ninety-four (1894), in regard to the list
ing of real apd personal property.
B'e it enacted by the legislature of the
State of Minnesota:
Section 1. That section one thousand
five hundred fourteen (1514) of the Gen
eral Statutes of one thousand eight hun
dred ninety-four (1894) be and the same
is hereby amended so as to read as foi-
AU'real property In this state, subject
to taxation, shall be listed and assessed
every even-numbered year, with refer
ence to its value on the first day of May
preceding the assessment and all real
estate becoming taxable any Intervening
year shall be listed and assessed with
reference to its" value on the first day of
May of that .year. Personal property
shall be listed and assessed annually,
with reference to its value on the first
day of May. ,_
Personal property purchased or acquired
on the first day of May shall be listed by
or for the person purchasing or acquiring
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 139-H. F. NO. 290.
AN ACT empowering village councils in
villages of less than three thousand
(3,000) inhabitants to grant authority for
the construction of street railway lines
for the purpose of connecting such vil
lages with surrounding territory, and
legalizing and confirming such authority
heretofore granted by such village coun
cils
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the village council of
any village in this state having a popu
lation of less than three thousand (3,000)
inhabitants is hereby empowered to grant
by ordinance to any person, persons, or
corporation, for the purpose of connect
ing any such village with other villages,
cities or outside territory, by what is
commonly known as street railway lines,
the right to construct, maintain and oper
ate street railway lin.s, by other than
steam power, for the transportation of
passengers on any of the public streets
of said village for a period not exceeding
twenty-five (25) years. Provided, how
ever, that nothing herein contained shall
be construed to authorize the granting of
any exclusive franchise.
Sec. 2. Where any village council of
any such village has heretofore granted
by ordinance or resolution to any per
son, persons or corporation the right to
use its streets for the construction and
operation of street railway lines of the
character prescribed herein for a period
not to exceed twenty-five (25) years from
the date of the passage of such ordinance
or resolution and the acceptance thereof
by such person, persons or corporation,
said ordinance or resolution is hereby
legalized and declared to be valid.
Provided, that nothing herein shall be
construed to confirm or legalize the
granting of any franchise to the extent
of making the same exclusive.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 140H. F. NO. 304.
AN ACT providing for the appointment
of agents to demand fugitives from jus
tice or any person charged with a
felony, or any other crime committed
In the State of Minnesota, and the pay
ment of the expenses of said agents.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The governor of this state
may, In any case authorized by the Con
stitution and laws of the United States,
appoint agents who shall be the sheriffs
of the counties respectively from which
applications for extradition shall com'e in
all cases where the sheriff of such oounty
can serve to demand of the executive au
thority of any state or territory any fugi
tive from justice 'or any person charged
with a felony, or other crime, In this
state and whenever an application la
madeto the governor for that purpose
the attorney general, when required by
the governor, shall forthwith investigate,
or oause to be investigated by any county
attorney, the grounds of such application
and report to the governor all material
circumstances which may come to his
knowledge, with an abstract of the evi
dence, and his opinion as to the ex
pediency of the demand and the accounts
of the agents appointed for such purpose
shall in each case be audited by the board
of county commissioners of the county
wherein said crime is alleged to have been
committed upon which said proceedings
for extradition are based, and said ex
penses shall be paid from the treasury
of said county. Said agent so appointed
shall receive the sum of four dollars
($4.00) for each calendar day and neces
sary expenses incurred by him in the
performance of such duties.
Sec. 2. Section 7084 of the General
Statutes of the State of Minnesota, of
1894, is hereby repealed.
Sec. 3. During the year 1903, the ex
penses of any extradition may be paid
from any funds in the county treasury
not specially appropriated or set aside
for other purposes.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 141H. F. NO. S48.
AN ACT to amend sections four (4) and
twelve (12) of chapter two hundred
and thirty-three (233) of the General
Laws of 1897, as amended by chapter
three hundred and twenty-two (322) of
the General Laws of 1901, entitled,
"An act to prevent the spread of con
tagious and infectious diseases among
domestic animals in this state."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section four (4) of
chapter two hundred and thirty-three
(233) of the General Laws of 1897, as
amended by chapter three hundred and
twenty-two (322) of the General Laws of
1901 be and the same is hereby amended
so as to read as follows:
Section 4. No animal shall be killed by
any of the boards of health herein men
tioned until it shall first have been ad
Judged to be infected with a contagious
or infectious disease either by a duly
authorized agent o: the state board of
health, or by a competent veterinary
surgeon selected by a local health
officer or board of health except, that,
whenever, in the judgment of the state
board of health, the control or eradica
tion of a disease renders it advisable to
do so, such board may order killed and
buried, or otherwise destroyed, any do
mestic animal which has been exposed to
a contagious or infectious disease, al
though at the time not infected there
with.
Provided, however, that cattle in this
state shall not be adjudged infected with
the disease of tuberculosis or condemned
as being so infected, and that horses in
this state shall not be adjudged infected
with the disease of glanders or con
demned as being so infected except and
until such, animal has been inspected by. 1
a competent veterinarian under the au
thority of the state board of health.
Sec. 2. That section five (5) or chapter
two hundred and thirty-three (233) of the
General Laws of 1897, as amended by
chapter three hundred and twenty-two of
the General Laws of 1901 be and the
same is hereby amended so as to read as
follows:
Section 5. Whenever a domestic animal
has been adjudged to be infected with a
contagious or infectious disease and has
been ordered killed, the owner or keeper
of such animal shall be notified thereof,
and within twenty-four (24) hours there
after he may file a written protest with
the board of health which is responsible
for such killing, against the killing
thereof, and shall therein state under
oath that to the best of his belief such
animal is not infected with any con
tagious or infectious disease. Whereupon
such animal being killed notwithstanding
such report, a post mortem examination
thereof shall be made by experts who
shall be present at the killing and shall
be appointed one by the board of health,
or its representative, which ordered the
killing, one by the owner or keeper, and
one by the two already appointed, and
if upon such examination said animal
shall be found to have been entirely
free from contagious or infectious disease
they shall also appraise it at its cash
value immediately before it was Wiled,
and the amount of such appraisal shall
be paid to the person entitled thereto put
of the funds of the state or the munici
pality ordering the killing. The experts
shall be paid one-half by the owner or
keeper making the protest and one-half
by the state or municipality whose board
of health is responsible for the killing.
In case the owner or keeper of such ani
mal shall fail to appoint in writing at the
time, an expert as herein jproyWed, an
expert shall be appointed by the state
board of health or its representative in
lieu of the one provided herein by the
owner or keeper. All appraisements and
examinations made under this act -Shall
be in writing, signed by the appraisers
or examiners, certified to by the board
of health ordering the examination or
killing, and filed with the treasurer of
the state or of the municipality which Is
responsible for the examination or Kili
fn? Upon the filing of any such exami
nation as appraisal it shall be the duty
ol^ thl board of health which Is respon
sible for the examination or killing to
make a certificate under the hand of its
secretary as to the number of *?d
served by and the amount due to said
experts or appraisers and to Ale the
same with the treasurer ^ertate or
municipality, as the case may. be which
is responsible for the examination_ or
killingf and upon such filing, such treas
rpr shall pay to each of said experts
or appraisers the amount due him, and
to th^ person entitled thereto the amount
due him by the terms hereof provided
however that any expert or appraiser
Xiplwed on a salary by the board of
health shall receive no compensation
Sr,r,flpr Whenever any domestic anl-
SMS? beeTadjudged Infected with the
disease of tuberculosis or glanders ana
has been ordered killed by a duly au-
telS representative of the "*Jgr
of health and Is lolled in
acc0
bys the state in iiw
efr
aa
therewith after or without protest the
laful of such animal shall be determined
I hoard of appraisers consisting of
Kree competent a|d disinterested nn
owner or keepe/of the condemned ag-
fSited by tuberculosis or glanders shall
not be taken into consideration, and pro-
Qjgf&fe
such animal
unleB !l
T." bee
t\, shal bea the remaining
ent
(iEiNEKAL LAWS OrVMlttfrESOTA ^ASbEU AT THK Lhttibt-ATiVK SfeBSiOtf (Xtf 1903.
kept in
point an awratee^ as ^erem pr fey
th* rSsentXe of the state board of
hellth The market value of the carcass
^^\^thl statel in thre manner herein
paido itled
thereto who shall pear appraiser
been J^f'^ f sSch animal shall
S l'ok andafter its passage.
Approved April 8, 1903.
Xtltied '"An art Jg Bt K?
00,U
the Insurance Laws of the state...
Be it enacted by the of the
leftfon^MiThat0tsaeUioLigislature
notwithstanding be compelled to make re
turn as herein required. Upon the mak
ing and filing of any such certificate to
the effect that any such proposition has
received a majority of the votes cast at
such election in each county, on all ques
tions relating to a change of said county
boundaries, to be affected thereby it shall
be the duty of the governor to, within
ten days thereafter, issue his proclama
tion announcing that such proposition has
received a majority of the votes and de
claring such proposition adopted, and the
secretary of state shall cause such procla
matlon to be published for three succes
sive weeks in all of the legal newspapers
in the county or counties affected, hav
ing a general circulation, and transmit a
certified copy thereof to the county audit
or of the county or counties out of which
said new county has been created, who
shall cause the same to be published three
weeks in the official paper of the county,
and to each of the persons elected as
county commissioners in such new coun
ty. The secretary of state shall also flic
and record in his office in said book of
such records the certificate of the state
canvassing board stating that such propo
sition received a majority of the votes
cast, together with the proclamation of
the governor declaring the same to have
been adopted and a duly certified copy
of this proclamation shall in all cases be
receivjd as full evidence of the legal and
valid organization and existence of such
county. A
Section 2. This act shall take effect
and be in force from and after its
passage.
Approved April 8, 1903.
CHAPTER 144H. F. NO. 320.
AN ACT entitled "An act authorizing
any city of this state, now or hereafter
having a population of over 50,000 in
habitants, to make contracts for the
purchase of a supply of electric power
or of gas, or both, for operating an elec
tric or gas lighting or heating plant or
system, or both such plants or systems,
owned by such city."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That any city of this state
now or hereafter having a population of
over fifty thousand inhabitants, and at
the same time owning an electric or gas
lighting or heating plant or system shall
be authorized and empowered to enter
into a contract or contracts for the pur
chase by such city of electricity or gas
for the purpose of operating such elec
tric or gas lighting or heating plant or
system owned by such city, or for oper
ating both such plants or systems, upon
such terms as may be approved by a
three-fourths vote of all of the members
elect of the governing body thereof pro
vided, that such city shall not be author
ized to agree by such contract for the
payment of a higher price than the lowest
price charged at the time by the person
or corporation with whom such contract
is made, for a like amount of electric
power or gas furnished to any other per
son or corporation under similar circum
stances and provided further, that such
contract shall not be made to run for a
period exceeding ten years.
Sec. 2. The obligation incurred by any
such city in the making of such contract
shall not be considered as a part of its
Indebtedness under the provisions of its
governing charter or of any law ct this
state fixing a limit of Indebtedness for
such city nor shall such city be required
at any time before making or during the
life of such contract, to provide for or
have on hand in its treasury more money
applicable to such contract than the
amount to be paid thereon during a single
8. This act shall take effect and
be in force from and after its passage.
Approved April 6, 1903.
CHAPTER 145H. F. NO. 556.
AN ACT to amend chapter sixty-six (66)
of the General Laws of 1901 of the State
of Minnesota entitled: "An act au
thorizing the board of regents of the
University of Minnesota as a body cor
porate under the name of the University
of Minnesota to accept in trust or other
wise all kinds of property for educa
tional purposes and to hold, manage,
invest and dispose of the same.'
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That chapter sixty-six (66)
of the General Laws of 1901 of the State
of Minnesota be and the same is hereby
amended so as to read as follows:
Sec. 2. The board of regents of the
University of Minnesota, as a body cor
porate, under the name University of
Minnesota, is hereby expressly authorized
and empowered to acoept, In trust or oth
erwise, any gift, grant, bequest or devise
of property, real, personal or mixed, tor
educational purposes,. and to npld, man
age, invest and dispose, of-the same and
the proceeds thereof and the income
therefrom, in accordance with the terms
and conditions of such gift, erant be
quest or devise* and of the acceptance
thereof, any law of the State of Minne
sota to the contrary notwithstanding.
Sec. 3. Whenever it is provided by the
terms of any deed, will or other instru
ment heretofore made or which may
hereafter be made conveying any prop
erty to said University of Minnesota in
trust or otherwise that the state treas
urer shall haze the custody of the money,
securities or other property given, granted
or bequeathed, it shall be the duty of said
treasurer to receive such money, secur
ities or other property and to preserve
and care for the same as state funds in
his custody are preserved and cared ior,
and said money, securities or other prop
erty shall be fully protected and secured
by the bond of such treasurer in like
manner as state funds are protected and
SeSeced4
thirty-tw (32
of chSer one hundred and seventy-five
(175) of the General Laws of' 189o,. enti
tled "An act to revise and codify the In
surance Laws of the State," be amended
to read as follows: -AI, ,v,oii
Section 32. The capital stock-shall be
nail in cash within six months from date
of charter or certificate of organization,
and no certificate of full shares andI no
noilcles shall be issued until the whole
Eapftafispaid in PJ^ffl^^io^t
a company organized to insure bicycles
neainst loss from theft to have its en
fife capital subscribed within six months
from the date of charter or certificate
of organization and shall be authorized
to transact its business when not less
than ten thousand dollars ($10,000) of Its
authorized capital shall have been paid In
A majority of the directors shall certify
on oath that the money has been paid
by the stockholders for their respective
shares and the same is held as the capi
tal of the company, Invested or to be in
vested as required by this section The
capital stock and accumulations of any
insurance company of this state shall be
invested In the bonds or treasury notes
of the United States or national bank
stock or interest-bearing bonds of this
state or any other state of the United
States, or of any city, town or county
of this state or any other state of the
United States, having legal authority to
issue the same at their market value, or
in any interest or dividend-paying stocks
or bonds issued under the laws of this
state or any other state of the United
States at their known market value,
loaned on notes secured by pledge of
warehouse receipts, issued by a duly li
censed public warehouse in this or any
other state of the United States, for grain
in storage, or they may be invested or
loaned on mortgages or unincumbered real
estate In this or any other state of che
United States, worth at least twice the
amount loaned thereon, exclusive of
buildings, except when such buildings are
insured and the policies duly assigned as
additional security or loaned on pledges
of any of the securities named In this
section provided always, that the current
market value of such pledged securities
shall be at aU times during the continu
ance of such loans at least twenty per
cent more than the amount loaned on
them, and all such loans are subject to
the power of the company to terminate
same in case of depreciation of the se
curities below the limit and provided,
that in all Investments made upon mort
gaged securities the evidence of the debt
shall accompany the mortgage or deeds
of trust,
Sec. 2. This act shall take effect and be
in force from and after Its passage.
Approved April 8, 1903.
CHAPTER 148H. F. NO. 473.
AN ACT to amend section eight (8), chap
ter one hundred and forty-three (143) of
the General Laws of 1893, entitled "An
act to provide for the creation and or
ganization of new counties and the gov
ernment of the same."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section eight (8) of
chapter one hundred and forty-three (143)
of the General Laws of 1893, be and the
same is hereby amended so as to read as
follows:
Section 8. All such return of votes on
any such proposition shall be canvassed
by the state canvassing board at the same
time that they canvass the votes for
state, congressional or other officers cast
at the same election and such canvass
ing board shall make and file with the
secretary of state their separate certif
icate declaring the result of the vote in
each case and upon each and every propo
sition to create any new county or coun
ties In case all such returns have not
been received from the proper county
canvassing board,- the state canvassing
board may use the returns received from
the judges of election of the election dis
trict -of the county which has not .re-
ported but the^roner county, officers may.
/s
This act shall take effect and
be in "force from and after its passage.
Approved April 8, 1903.
CHAPTER 146H. F. NO. 537.
AN ACT to authorize owners of land over
which a public highway runs leaving
the owner's land on two sides of the
highway, to construct a tunnel under
th! Sway to permit stock to freely
pass through the tunnel from one side
to the other. _. *v.~
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Anv owner of land in tne
State of Minnesota, over which public
highways are laid out or run, when the
land on both sides of the road belongs
to the same party, shall have the right
t tunnel under the highway to permit
Sock to freely pass under the highway
from one side to the other provided, how
eve tunnel shall be, By the owner,
protected so as not to endanger the public
fn the use of the highway, and for said
purpose the tunnel may be fenced and
shall be bridged, and in all cases the
bridge shall be at least sixteen feet wide,
and the sides thereof provided with rail
fn#s at the expense of the land owner
Sec 2 Before constructing any tunnel
across a highway for purposes set forth
fn section one (1) hereof, the land owner
shall obtain from the town supervisors
ofSe tKSta which the land is situated
an approval of the place at which the
tunnel la"proposed to be constructed pro
vided, however, that if any tunnel is con
structed without obtaining such approval,
the same shall be valid, unless the super
visors^! the town in which the said tun
nel is located, shall cause the same to
be abated within one year from the time
of the completion of the tunnel and any
tunnel now constructed shall be valid
when approved by the said supervisors of
SaSec?03Tn'All
,*A
bridges over such tunnels
shall be constructed of such material
and built in such manner as to make
travel over the same safe. If the super
visors of the town in which any such
tunnel may be, deem the bridge insecure,
or the" tunnel not properly yarded they
shall have the right at any time within
one vear from the time of the construc
tion of the sUme to cause the same to
be put in proper and safe condition at
the expense of the land owner sad ex
pense to be the reasonable cost of putting
?he same in condition and be certifies
by the town clerk to the county auditor,
to be carried forward and assessed to the
land to be paid in the same manner as
road taxes are paid, and the tunnel out
side of the bridge may, at any time the
said supervisors deem the same out of
repair, cause the same to be placed In
repair and assess the reasonable cost of
the same in like manner to the land.
Sec 4 After the bridge has been con
structed and the same has been used
for one year thereafter the town in which
the same is located shall keep the same
SecP5r
This act shall take effect and
be In force from and after its passage.
Approved April 8, 1903.
CHAPTER 147^8. F. NO. 35.
AN ACT to legalize the conveyance by
county commissioners of real estate be
longing to counties in this state.
Be it enacted by the legisla*ire of the
State of Minnesota:
Section 1. That all sales, contracts for
sale, and conveyances of real estate by
any county in this state, heretofore made
by the board of county commissioners or
any such county, when the purchase
price has been fully paid or secured, are
hereby legalized, and the same shall be,
and hereby are in all things ratified and
Sec 2. This act shall take effect and be
in force from and after_its passage.
Approved April &1903.
CHAPTER 148S. F. NO. 72. -_
AN ACT authorizing the board of county
commissioners of any county in this
state to sell and otherwise dispose or
any property belonging to, the county.
Be it enacted by the legislature of the
State of Minnesota!
Section 1. The board ol county, com-
Defective Page
missioners of any county in this state,
at any regular or special meeting thereof
by resolution may in its discretion, as the
said board may deem most advantageous
to the county, sell, convey, lease or other
wise dispose of any real or personal prop
erty belonging to the county, not in use
by the county.
Sec. 2. Every deed, conveyance, lease
or other written instrument executed on
the part of the county pursuant to sec
tion one of this act shall be executed In
the name of the county by the chairman
of the board of county commissioners of
such county, and the county auditor of
such county as clerk of said board.
Sec. 3. This act shall take effect and be
in force from and after its passage.
Approved April 8, 1903.
CHAPTER 149-S. F. NO. 824.
AN ACT trf amend chapter thirty-one (31)
of the General Laws of one thousand
eight hundred and ninetv-three (1893),
as amended by chapter three hundred
and twenty-two (322) of the laws of
one thousand eight hundred and ninety
seven (1897), and chapter two hundred
and ninety-one (291) of the laws of one
thousand nine hundred and one (1901),
being an act to regulate the practice of
veterinary medicine, surgery and den
tistry in the State of Minnesota.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section four (4) of
chapter thirty-one (31) of the laws of
1893 be amended to read as follows:
Said board of veterinary medical exam
iners shall elect a president, secretary
and treasurer. They shall have a com
mon seal, and the president and secre
tary shall have power to administer
oaths. Said board shall hold meetings for
examination at the state capitol on the
second Wednesday of January and July
of each year and .such other meetings
as may be necessary each session, not to
exceed three days. Said board shall is
sue certificates to all applicants who are
eligible to registration under section two
(2) of this act, signed by the president
and secretary of the board. Such cer
tificates shall be conclusive as to rights
of the lawful holders of the same to prac
tice veterinary medicine, surgery ana
dentistry in this state
Sec. 2. Section six (6) of chapter thir
ty-one (31) of the laws of 1893 is hereby
amended to read as follows:
Candidates for registration shall pay to
the secretary of the board a fee of twen
ty-five dollars ($25.00) in advance, from
which shall ba paid to each member of
the board a per diem fee of five dollars
($5.00) while in attendance on said board
and a mileage of four cents per mile all
othe moneys above these expenses to be
applied in carrying out the provisions of
this act.
Sec. 3. Section eight (8) of chapter
thirty-one (31) of the laws of 1893 as
amended by chapter three hundred, twen
ty-two (3223 of the laws of 1897, and sec
tion 1 of chapter two hundred and nine
ty-one (291) of the laws of 1901, is here
by amended to read as follows:
All persons of this state who hereafter
commence the practice of veterinary med
icine, surgery or dentistry therein shall
be graduates of some legally authorized
veterinary college or university, having a
curriculum of not less than three ses
sions of six months each provided, that
any person who has been engaged ior
not less than five (5) years in the prac
tice of veterinary medicine, surgery pr
dentistry, in any other state or who.
holds a certificate of qualification from
iithe board of examiners of such state, it
PEnere be one, shall upon establishing a
residence in this state, be entitled to take
the examination, and if found qualified,
shall be licensed by the proper board to
practice veterinary medicine, surgery or
dentistry in this state. For the purpose
of enforcing this act the said board may
employ an attorney to prosecute any per
son violating the provisions of the law
relating to the practice of veterinary
medicine, surgery or dentistry provided
any person who has practiced the pro
fession of veterinary medicine, surgery or
dentistry as a livelihood in this state for
three years, immediately prior to April
18th 1893, may be deemed eligible to reg
istration, and shall without fee or ex
pense receive a certificate upon presen
tation, to the secretary of the board, his
sworn affidavit and letters of recommen
dation from ten reputable freeholders and
stock owners in his locality, or upon
presentation of a diploma from a legally
authorized veterinary college or univer
sity, if made within six months after the
passage of thio act. ~4. d
Sec 4 This act shall take effect and
be in'force from and after its passage.
Approved April 7, 1903.
CHAPTER 150-S. F. NO. 115.
AN ACT to amend ^sections_-8^anfl. 10' of.
chapter 168 of the General Laws of.1887,
relating to the permanent care and im
provement fund of cemetery associa-
Be itS'enacted
I'.T*"^ -f^s^ 'T
by the legislature of the
State of Minnesota: At,..- IRO
Section 1 That section 8 of chapter lb
of the General Laws of 1887, providing
for the establishment of permanent care
and improvement funds for cemeteries,
be and the same is hereby amended so
as to read as follows: v..-^
Section 8. Instead of appointing a board
of trustees of the care and improvement
fund aforesaid, the trustees of such cem
etery association may designate any cor
poration organized under chapter 107 of
the General Laws of Minnesota for the
year 1883 to act as such trustee during
their pleasure and at any time after
such designation they may appoint such
board of trustees, or may name another
like corporation, to succeed the trustee
then acting. In either case, upon being
informed of the appointment or creation
of its successor in the manner aforesaid,
the corporation so acting shall forthwith
render to such successor an account of Its
trusteeship and deliver to it all money,
papers and property in its possession or
under its control belonging or appertaln
ine to such fund.
Sec 2 That section 10 of said chapter
be and the same is hereby amended so
as to read as follows:
Section 10. Twenty per centum of the
proceeds of all sales of cemetery lots
made after the vote of the trustees to es
tablish said care and improvement fund
shall be paid over to such board or trus
tee quarterly on the first days of Jan
uary. April. July and October in each
vear until the principal of said fund
shall amount to at least 100.000 dollars
and any other income or funds of tne as
sociation, in excess of its llabilit es, may
be added to such fund by a two-thirds vote
of the trustees of such cemetery associa
tion. Provided, that the principal pf
such care and improvement fund shall in
no event exceed 5,000 dollars for each acre
of the cemetery of said association, nor
1,000,000 dollars in the aggregate if the
area thereof be more than 200 acres.
Sec 3. This act shall take effect and
be in force from and after its passage*
Approved April 8, 1903.
CHAPTER 151S. F. NO. 165.
AN ACT to provide stationery, postage
and necessary office supplies for aU
county officers, including tho district
Judges of said county, in all counties
of the state which now have, or which
may hereafter have, a population of
one hundred and fifty thousand lnhabi-
Be&U
enacted'by the legislature of the
State of Minnesota:
Section 1. The county commissioners in
all counties of the state now having, or
which may hereafter have, a population
of one hundred and fifty thousand Inhab
itants or over, are hereby authorized and
directed to furnish all county officers, in
cluding the judges of the district court jof
said counties, aU necessary office supplies,
postage and stationery, including letter
heads and envelopes. an/t
Sec 2 This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 152-S. F. NO. 108.^
AN ACT to provide for holding meetifigs
of stockholders of corporations which
have failed or neglected to hold annual
meetings as provided bylaw.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Whenever any corporation
organized under the laws of this state
shall have failed or neglected to hold Its
annual meeting for two consecutive' years
a meeting of the stockholders thereof
may be called in any manner as follows,
viz A notice signed by stockholders
holding one-third of the stock in such cor
poration, stating the time and dace of
holding such meeting, shall be published
in a newspaper printed and published In
the county where the principal office of
such corporation is.
Sec. 2 Such notice shall also be served
at least ten days prior to the date of
such meeting, upon the president or sec
retary of such corporation by the sheriff
of the county in which the principal office
of such corporation is located, if he can
be found in such county and the return of
the sheriff thereto shall be prima facie
evidence of the facte stated therein.
Sec 3 The notice heretofore provided
for shall be published at least once each
week for two consecutive weeks, and a
period of at least ten days must elapss
between the date of the last pubUcatlon
of such notice and the meeting of the
stockholders.
Sec. 4. At any stockholder's meeting of
a corporation called pursuant to the
provisions of this act, one-third of the
stockholders of such .corporation shall
constitute a quorum, notwithstanding any
provision \o. the by-laws or articles of in
corporation of such co*poratlon to the
affBwAilMgWHliiPiilW1
sisterit herewith are hereby repealed.
Sec. 6. This act shall take effect and be
in force from and after its passage.
Approved April 8, 1903.
CHAPTER 153S. F. NO. 238.
AN ACT to enjoin the collection of taxes
in certain cases and for the correction
and adjustment of the same.
Be it enacted by the legislature of the
State of Minnesota:
Section That whenever the board pf
county commissioners of any county in
this state shall hereafter levy taxes in
said county for any purpose in excess of
the amount allowed by law for such pur
pose, any taxpayer of such county af
fected by such levy, for himself and all
other Interested taxpayers in the county,
may proceed by suit In the district court
of said county, against the county treas
urer, the county auditor, and-the county
commissioners, of said county, to enjoin
the collection of said taxes, and for an
order of said court requiring the defend
ants, or either of them, to correct the
same, and for such other order as may be
deemed proper in the premises for the
correction and adjustment of said taxes
and tax levy, notwithstanding said per
son or persons may have a plain, speedy
and adequate remedy therein In the due
and ordinary course of law. When so
corrected and adjusted, the same may be
collected as other taxes are collected.
Sec. 2. This act shall take effect and
be In force from and after its passage.
Approved April 8, 1903.
CHAPTER 154S. F. NO.252.
AN ACT to amend section five thousand
eight hundred and thirty (5830) of the
General Statutes of the State of Minne
sota for the year eighteen hundred and
ninety-four (1894), the same being sec
tion one (1) of chapter thirty-seven (37)
of the General Laws of Minnesota for
the year eighteen hundred and ninety
three (1898), being an act providing for
the opening, working and operating
mines, quarries, coal, gravel, clay, sand
and peat deposits on and in lands the
title of which appears by properly exe
cuted deeds of record to be In a plu
rality of persons.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section five thousand
eight hundred and thirty (5830) of the
General Statutes of the State of Minne
sota for the year eighteen hundred and
ninety-four (1894), the same being section
one (1) of chapter thirty-seven (37) of the
General Laws of Minnesota for the year
eighteen hundred and ninety-three (1893),
being an act providing for the opening,
working and operating mines, quarries,
coal, gravel, clay, sand and peat deposits
on apd in lands the title of which appears
by properly executed deeds -of record to
be in a plurality of persons be and the
same Is hereby amended so as to read as
follows:
Section 5830. That where veins, lodes
or deposits of iron, iron ores, minerals
or mineral ores of any kind, stone, coal,
clay, sand, gravel or peat are known to
or do exist on or in lands which are
Shown by properly executed deeds or
leases having more than one year to run,
of record in the county in which said
lands are situated, to belong to a plural
ity of owners, the owner or owners of
an interest equal to one-half or greater
in said lands as shown by said deeds or
leases so recorded, may bring action in
the district court in the county where
said lands are situated, for permission to
open, operate and develop said veins,
lodes or deposits of iron, iron ores, min
erals or mineral ores of any kind, stone,
coal, clay, sand, gravel or peat, that are
found in or on said lands.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 155S. F. NO. 256.
AN ACT to revise and amend chapter
two hundred and ninety-five (295) of the
General Laws of eighteen hundred and
ninety-nine (1899) relating to the pre
vention of fraud in the sale of dairy
products, their imitations or substitutes,
to prohibit and prevent the manufacture
or sale of unhealthy or adulterated
dairy products, and to preserve the
public health, and to extend the provis
ions thereof so as to Include articles
sold for food.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That chapter two hundred
and ninety-five (295) of the General Laws
of eighteen hundred and ninety-nine
(1899) shall be amended so as to read as
follows:
Section 1. The governor shall appoint
a commissioner who shall be known as
the state dairy and food commissioner,
who shall be a citizen of this state and
who shall hold his office for a term of
two (2) years, or until his successor is
appointed, and who shall receive a sal
ary of eighteen hundred ($1,800) dollars
per annum and his necessary expenses
incurred in the discharge of the duties
required by him by law, and he shall be
charged with the enforcement of the
various laws coming under his de
partment. It shall be the duty of the
said commissioner to enforce all laws
that now exist or that hereafter may be
enacted in this state regarding the
production, manufacture and sale of
dairy and food products, their imitations
and substitutes and food prepared there
from, the production, manufacture, sale
or adulteration of which is made subject
to this or other laws to prosecute or
cause to be prosecuted any person, firm
or corporation, or agent thereof, engaged
in the manufacture or Bale of any im
pure, adulterated or counterfeit dairy or
food products that are produced, offered
for sale or sold contrary to .the laws
of this state, and to encourage and pro
mote the manufacture of pure dairy and
food products in the state. Said com
missioner may be removed from office at
the pleasure of the governor and a suc
cessor appointed in his stead. The said
commissioner is hereby authorized and
empowered to appoint a secretary whose
salary shall be twelve hundred (1200)
dollars per annum, one assistant commis
sioner whose salary Bhall be fifteen hun
dred (1500) dollars per annum, one chief
chemist whose Balary shall be fifteen
hundred (1500) dollars per annum, and
such assistant chemist or chemists when
needed to be paid not to exceed one hun
dred (100) dollars per month, and
such number of inspectors as may
by him be deemed necessary, to
be paid at the rate of one
hundred (100) dollars per month, and the
necessary expenses Incurred in the per
formance of their duties, and to employ
such counsel as he may deem necessary.
The sum of fifteen thousand (15,000) dol
lars annually is hereby appropriated to
be paid for the execution of the dairy
and food laws out of any money in the
state treasury not otherwise appropriated.
All charges, accounts and expenses au
thorised by this act shall be paid by the
treasurer of the state upon the warrant
of the state auditor. The said commis
sioner shall make biennial reports to the
legislature not later than the fifteenth
(15th) day of January of his work and
proceedings and shall report in detail the
number of Inspectors he has appointed
and employed with their expenses and
disbursements and the amount of salary
paid the same, and he may from time to
time issue bulletins of Information when
in his judgment the Interests of the state
would be promoted thereby.
The said commissioner shall have rooms
in the capitol, to toe set apart for his use
by the governor, and a laboratory in the
capitol where all chemical analyses for
the department shall be conducted. The
state dairy and food commissioner shall
be a practical dairyman the assistant
commissioner, chemists, inspectors and
all agents and other persons appointed by
the said dairy and food commissioner
shall be practical men and especially
trained and equipped for the special lines
of work they are appointed to perform.
This section shall not affect the tenure
of office of the present commissioner and
he shall be regarded as having been ap
pointed under the provisions of this act.
Sec. 2. The said commissioner and as
sistant commissioner, and such inspectors,
agents, experts, chemists and counsel as
they shall duly authorize for the purpose,
shall have access, ingress and egress to
all places of business, factories, farms,
buildings, carriages and cars used In the
manufacture and sale or transportation of
any dairy or food product or any sub
stitute thereof, or any imitation thereof,
and also into all restaurants, dining halls,
cafes, dining cars, eatinghouses, hos
pitals, lumber camps, railroad camps,
either public or private, hotels and all
rooms thereof, and all other places where
in food Is prepared, stored or served or
offered for safe to patrons. They shall
also have power and authority to open
any package, can or vessel containing
such article which may be manufactured,
sold or exposed for sale in violation of
the provisions of this act, or laws that
how exist or that may be hereafter en
acted in this state, and may inspect the
contents thereof, and may take samples
therefrom for analysis. All dealers,
clerks, bookkeepers, express agents, rail
road officials, employes or common car
riers shall render to them all the assist
ance in their power when so required in
tracing, finding or discovering the pres
ence of any article prohibited by law.
Bee. 3. Any refusal or neglect On the
part of such dealers, clerks, bookkeepers,
express agents, railroad officials, em
ployes or common carriers to render such
friendly aid shall be deemed a misde
meanor and shall be punished as here
inafter provided.
Sec. 4. No' person, Arm or corporation
shall otter or expo** for sale or deliver
for sale or consumption, or have in his
=L ^X l^gJhk ^:i I $&&&&& 'ff^MMmM
ym
MHHmi^a=
clean, impure, unhealthful, unwholesoma
or adulterated milk or cream from the
same, or any milk or cream from tha
same which has not been well cooled,
aerated, or to which preservatives of an^,
kind have been added.
Sec. 5 No person, firm or corporation
shall keep cows for the production oi
milk for market or for sale or exchange,
or for manufacturing the same, or cream
from the same, into articles of food. In
a crowded condition, or In stables which
are not perfectly ventilated and lighted,
or which are filthy from an accumulation
of animal refuse, or from unsanitary sur
roundings, or from any other cause. Not
shall milk for such purposes be drawn
from cows which are themselves in a
condition of filth or uncleanness, or from
cows which are affected with tubercu
losis, ulcers, running sores, or any other
form of disease, or from cows which are
fed wholly or In part upon distillery
waste, or brewery grains, or the
waste of vinegar or garbage or that
of sugar factories, or food not properly
preserved in silos, or garbage or decayed
food in any form, or upon any other form
of food which will produce milk which is
unhealthful or unwholesome or from
cows within fifteen days before and five
days after parturition nor shall milk or
cream produced for such purposes be kept
in the stable, or in the house attached
or directly connected with the stables in
which cows or other animals are kept, or
in a place where bad or contaminating
odors exist, and all milk and cream thus
produced are hereby declared to be un
clean, impure, unhealthful and unwhole
some milk and cream, and any milk
which is shown by analysis to contain any
substance or substances of any character
whatever not natural or normal con
stituents of milk, or to have been de
prived, either wholly or in part, of any
constituent naturally or normally con
tained in milk, or which is shown to
contain more than eighty-seven (87) per
centum of water fluids, or less than thir
teen (13) per centum of milk solids, of
which not less than three and one-half
(3%) per centum shall be fat, is hereby
declared to be adulterated milk. This
section shall not be construed to prevent
the feeding of ensilase from silos when
properly preserved. The having in pos
session of any person, firm or corporation
producing milk for market, or for sale, or
exchange, or for manufacturing the
same, or cream from the same into arti
cles of food, of distillery waste, or brew
ery grains, or the waste of vinegar, or
that of sugar factories not preserved as
aforesaid, or garbage or any other form
of food which will produce milk whloh is
unhealthy or unwholesome, shall be con
sidered for the purposes of this act as
prima facie evidence of an intent to use
the same contrary to the provisions of
this act.
Sec. 6. All cream that shall contain less
than twenty (20) per centum of fat, or
that shall contain any added thickener,
or foreign coloring matter, shall be
deemed to be adulterated.
Sec. 7. All dairy or creamery butter
that shall contain more than sixteen (lfl)
per centum of water shall be deemed to
be adulterated.
Sec. 8. No person, firm or corporation
shall manufacture from unclean, impure,
unhealthful or unwholesome milk, or of
cream from the same, any article of food.
Sec. 9. No person, firm or corporation
shall sell or offer for sale, or have In his
possession with intent to sell, any cream
taken from impure, unwholesome or dis
eased milk or cream that contains less
than twenty (20) per centum of fat.
Sec. 10. No person, firm or corporation
shall sell or expose for sale, or have In
his possession with intent to sell, in any
store or place of business, or on any
wagon or other vehicle used in transport
ing or selling milk from which cream has
been removed, or milk commonly called
"skimmed milk," without first marking
the can, vessel or package containing said
milk with the words "skimmed milk," In
large, plain, black letters upon a light
colored background, each letter being at
least one (1) inch high and one-half (H)
inch wide said words shall be on the
top or side of said can, vesSel or pack
age where they can be easily seen. Pro
vided, that the provisions of this section
shall not apply to any patron of any
creamery who receives from said cream
ery any skimmed or separated milk which
is intended for his own use. Provided
further, that all creameries before deliv
ering to any patron any skimmed or sep
arated milk shall have pasteurized the
same at a temperature of at least one
hundred and eighty (180) degrees Fahren
heit.
Sec. 11. It shall be the duty of said
dairy and food commissioner to cause
the Inspection of all creameries, cheese
factories and all other places or buildings
where dairy products of any nature what
ever are produoed, manufactured, stored
or kept for sale, at such time or times as
may be deemed best By him, and he shall
have authority to require the construction
of necessary drains or improvements to
correct any unsanitary or improper con
ditions, either in the manufacture, stor
age or sale of said products, and
give such instructions as will cause
the improvement of any such
conditions as may be found to exist, that
he may deem should be changed for the
public good, and to cause all such condi
tions to be fully complied with.
Sec. 12. The state standard milk meas
ures or pipettes shall have for milk a ca
pacity of seventeen and six-tenths
(17 6-10) cubic centimeters, and for cream
shall have a capacity of eighteen (18)
cubic centimeters, and the state standard
test tubes or bottles for milk shall have
a capacity of two (2) cubic centimeters of
mercury at a temperature of sixty (60)
degrees Fahrenheit between "zero" and
ten (10) on the graduated scale marked
on the necks thereof and the standard
test tubes of bottles for cream sKall have
a capacity of six (6) cubic centimeters of
mercury at a temperature of sixty (CO)
degrees Fahrenheit between "zero" and
thirty (30) on the graduated scale marked
on the necks thereof, and it is hereby
made a misdemeanor to use any other
size of milk measure, pipette, test tube
or bottle to determine the per cent of
butter fat, where milk or cream is pur
chased by or furnished to creameries or
cheese factories, and where the value of
said milk or cream is determined by the
per cent of butter fat contained In the
same.
Any manufacturer, merchant, dealer or
agent in this state who shall offer for
sale, or sell, a cream or milk pipette or
measure, test tube or bottle, which Is not
correctly marked or graduated as herein
provided shall be guilty of a misde
meanor, and upon convifttion thereof shall
be punished as provided In section 34 of
this act.
Sec. 13. It shall be unlawful for the
owner, manager, agent or any employe of
a creamery or cheese factory to manip
ulate or under read the Babcock test, or
any other contrivance used for determin
ing the quality or value of milk.
Sec. 14. No person, firm or corpora
tion, shall manufacture for sale, adver
tise, offer or expose for sale, or sell, any
mixture or compound intended for use as
an adulterant of or preservative of milk,
butter or cheese, nor shall any person,
firm or corporation add to milk or butter
or cheese, or during the process of their
manufacture, any borax, boric add,
salicylic acid, formaldehyde, formalin, or
any other substance or substances in the
nature of adulterants, anti-ferments or
preservatives. Provided, however, that
this section shall not apply to pure salt
added to butter and cheese.
Sec. 15. Whoever by himself or his
agents conveys milk or cream In car
riages, carts or other vehicles, or in any
manner for. the purpose of selling the
same, either at wholesale or retail, in any
city or town of one thousand (1,000) in
habitants or more shall annually on ths
first day of May, or within thirty (80)
days thereafter, be licensed by the state
dairy and food commissioner to sell milk
and cream within the limits of said city
or town, and Shall pay to the said dairy
and food commissioner the sum of one (1)
dollar for each and every carriage, cart
or other vehicle thus employed, to the use
of said dairy and rood commissioner.
Licenses shall be used only in the name*
of the owners of carriages, carts or other
vehicles, and shall for the purpose of this
act be prima-facie evidence of ownership.
All licenses shall terminate on the first
day of May of each and every year. No
license shall be sold, assigned or trans
ferred. Each license shall record ths
name, residence, plase of business, num
ber of carriages, carts or other vehicles
vsed (where more than one is employed),
the name and residence of any driver or
ether person engaged In selling or deliv
ering said milk or cream, the number of
the carrlag*. cart or ether vehicle, where
he has more than one, and the number of
license.
Each licensee shall, before engaging in
the sale of milk or cream, cause his name,
the number of his license, and the number
of the carriage, cart or other vehicle (where
he has more than one), and his place of
business to be plainly and legibly placed
on each outer side of all carriages, carta
or other vehicles used by him in the conr
veyance or sale of milk or cream, and
he shall report to the state dairy and
food commissioner any change of driver,
or person employed by him, which may
occur during the term of his license. Any
person keeping not more than one cow
shall be exempted from the provisions of
this section.
Sec 16. Every person, firm or corpora
tion before selling milk or cream, or offer
ing them, or either of them, for sale, or
having them, or either of them, in hw
possesion with intent to sell in a store,
booth, stand, creamery, cheese factory, or
who sells to customers in any manner or
W

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