OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 12

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-12/

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cities as designated in section 15 of this
act, shall procure a license from the
state dairy and food commissioner, or his
authorized agents, and shall pay there
fore the sum of one (1) dollar. Eve ry
such license shall termina te on the first
day of Mav in each and every year. No
license shall b sold or transferred.
Sec. 17. Tho dairy and food commis
sioner shall have power to withhold a
license from or to revoke the same when
already issued to any person, Armor cor
poration, who shall fail to comply with
any of the provisions of sections lo .and
16 of this ict. or who shall sell, offer, or
expose for sale any milk or cream from
dairies containing diseased or filthy cows,
or that are kept in violation of section
5 of this act, or of creameries, stores or
other places where milk or cream may
be kept, stored or sold, which is kept
an unsanitary condition.
Sec. 18. No person by himself or ms
agents or servants shall sell, supply or
bring to be manufactured, to any butter
or cheese manufactory any milk autea
with water of any other substance what
ever, or any unclean, impure, ^healthy,
adulterated or unwholesome milk or.milk
from which any cream has been taken
(except pure skim milk to skim cheese
factories), or shall keep back any par
of the milk commonly known as strip
pings, or shall bring or supply milk which
is sour, to any butter or cheese man u
factory (except pure skim milk to skim
cheese factories). No butter or cheese
manufactories except those which bu all.
the milk they use shall use for their own
benefit or allow any of their employes
or any other person to use any of the
milk or cream brought tc.said manu
factories, or the product thereof w^hout
the consent of the owners thereof. Even
butter and cheese manufacturer except
those who buy all the milk they use
shall keep a correct record of ll the
milk daily received and of the" umber
of pounds and packages of butter the
number and
aggregatedisposedloopa.cK.agee
roiecUfai?UNo
l^eflr ars
weight chees
mnrip eachh davy the number of
of
a cheese
and
Wter which
record shall be open, to inspection to
every person who delivers milk to sucn
person, by himself or his
flint's or servants, shall manufacture for
aWveK Possession with intent to
'cheese anV^bs^nct no
milk or cream.
Provlded =t lt fo
sign giving the true
-imp in
ther
**%&&
tt- substance is sold as a substitute forr ma
tpr or cheese not made exclusively from
Silk or cream, that the person firmor
Corporation selling the same for them
Selves or as agents for another
eison
firm or corporation, shall post conspicu
ously and keep conspicuously posted as
Exposed for sale, in the ro^m where
thVsame can be seen and read from
every part,of the^arf room where^the
substitute for butter or cheese is. soio.
offered or exposed for sale a printed
and correct
of the
English an
substitute
ffijffi*y~?"
0
fo butter oir cheese, so scM
name in the Englis language
su Dffl wit
1
offered or exposed for
sal V^i ?h LI six
with bold faced type, not less th^n
inches long, giving the true name, by
i= sold offered or exposed for sale, wm cn
n'otlce shall be substantially In the follow
ing form.
(Insererson namey ohimselh
tute)
Sec.
lo.
suc
ld No
eI
SUDSUs or hi
agents or servants shaU manufacture for
J?. ^!ru
5f
S J,.tr ffi'liave in his possession with inten
to sell expose or offer for sau sell as
butter or'"as"cheese7~or 'a
3
buiter or cheese, or as imitations of but
ter or cheese, under any name or title
whatsoever, any mixture J compound
which is designed to take the place of
butter or cheese, and which is made
from animal or.vegetable oils or fate, or
bv the mixing or compounding of the same,
or any mixture or compound .consisting
in pan of butter or of cheese mixture
or combination with animal or vegetable
oils or fats, nor shall a ny person mix,
compound with or add to milk, cream,
or butter or cheese any animal or vege
table oils or fats, with design or intent
to make or produce any article or sub
stance in imitation of butter or cheese,
nor shall any person coat powder or
color with annatto or with any other
coloring matter whatever, buttenne or
oleomargarine or any mixture or com
pound of the same, or a ny article or com
pound made wholly or in part from animal
or vegetable oils or fats not produced from
milk or cream, whereby the said article
or compound shall be made to resemole
butter or cheese, nor shall a ny person
offer or expose for sale or sell a ny arti
cle, substance or compound made,
manufactured or produced in violation
of the provisions of this section, whether
such article, substance or compound
shall have been made, manufactured or
produced within this state or in a ny other
state or country and the having in
posession by a ny person, firm or corpora
tion of any article, substance or com
pound made, manufactured or produced
in violation of the provisions of this sec
tion shall be considered as prima racle
evidence of an intent to sell the same
as butter or as cheese contrary to the
provisions of this section.
Sec 21. The Minnesota state dairy and
food commissioner is hereby authorized
and directed to procure and issue to the
cheese manufacturers of the state, and
tinder such regulations as to the custody
and use thereof as he may prescribe, a
uniform stencil brand bearing a suitable
device or motto, and the words "Minne
sota State Full Cream Cheese." Eve ry
brand issued shall be used upon the out
side of the cheese, and also upon the
package containing the same, and shall
bear a different number for each separate
manufactory, and the commissioner shall
keep a book in which shall be registered
the name, location and number of each
manufactory using the said brand, and
the name or names of the persons at each
manufactory authorized to use the same.
It shall be unlawful to use or permit such
stencil brand to be used upon any other
than full cream cheese or packages con
taining the same. All cheese branded as
'Minnesota State Full Cream Cheese"
shall contain not less than forty-five per
centum of fats to total solids, and all
cheese purporting to be full cream cheese
which contains less than forty-five per
centum of fats to total solids, shall be
deemed for the purpose of this act, to
be adulterated.
Sec. 22. All cheese which contains less
than forty-five per centum of fats to total
solids is hereby declared to be "skim
cheese," and it is hereby required
and directed that the same shall
be mark ed with a stencil or brand
with the words "Skim Cheese,"
in plain black letters, not less- than one
and one-half inches in length and of
proportionate width, upon the circum
ference of the cheese, and upon the outer
surface of the box or package containing
the same and any dealer or trader who,
bv himself, or as the servant or agent of
another person, has in his possession with
intent to sell, offers or exposes for sale,
or sells any skim cheese as hereinbefore
defined, which is not stenciled or branded
as hereinbefore required and directed,
shall be deemed to be guilty of a misde
meanor, and shall be subject to the penal
ties provided in this act.
Every dealer or trader who offers or
exposes for sale or sells skim cheese as
hereinbefore defined, shall cause to be
kept continuously posted in a conspicuous
position upon the walls of the room
wherein such skim cheese is offered or
exposed for sale or sold, cards upon the
face of which is distinctly and legibly
printed in the English language, and in
fetters of sufficient size to be visible from
all parts of the room, the words "Skim
Cheese Sold Here."
Sec. 23. No person by himself or agent
shall sell or offer or expose for sale, or
have in his possession with intent to sell
cheese branded or labled with a false
brand or label as to the quality of the ar
ticle, or as to the county or state in
which the article is made.
Sec. 24. Every proprietor, keeper, land
lord or steward of any hotel, restaurant,
dining car, eating house, boarding house,
hospital, lumber ca mp or railroad camp
either public or private, who shall supply
the guests or boarders of such hotel, res
tauran t, dining car, eating house, board
ing house, hospital, lumber camp, or rail
road camp, either public or private, where
money, services, or wages form the whole
or part of the payment for such food,
with a ny oleaginous substance or sub
stances or any compound of the same, or
a ny other compound other than that pro
duced from unadulterated milk or of
cream from the same, or any article de
signed to take the place of butter, shall
cause to be plainly printed upon every
bill of fare used in said hotel, restaurant,
eating house, boarding house, hospital,
lumber camp or railroad camp, where
such adulterated compound is used, im
mediately under the title thereof and be
fore the naming of any article of food
thereon, in capital letters, no smaller than
those known as nonpareil Celtic, in the
English lang-uage, the words "Oleomar
garine (or butterine) used as a substitute
for butter." In case no bill of fare is
used in said hotel, restaurant, i eating
house, boarding house, hospital, lumber
camp, or railroad camp, then the pro
prietor or keeper thereof shall cause to
be posted upon each and every side of
the dining room or eating room in a posi
tion where the sa me can be easily seen
and read from any part of said room and
In letters large enough to be distinctly
seen and read from any part of said
room, a card containing the words 1n
English language "Oleomargarine (or
butterine) used as a substitute for but-
ter," and shall keep the same con
tinuously posted as aforesaid, so long as
said compounds, or either of them
are kept and used. The provisions of
j.5t\fr- f}jf"*^S%^i^ ^^rfi -ir^V tTtikt&jfSr*^
&iffimsmtim&'
\s~ '^tigaift
**Wl
this section shall not be coristrued as
in any wise amending or invalidating an
of the provisions of sections 19 or 20 of
this act.
Sec. 25. The commissioner shall provide
blanks which shall be furnished to all
proprietors, managers, or secretaries of
creameries and cheese factories within
the state for the purpose of making a
report of the amou nt of milk and dairy
goods handled, and embodying such qther
statistical Information as the commission
er may require, and all owners or man
agers or secretaries of said creameries and
cheese factories shall, on the first day of
November and at such other times as
the said commissioner may call for the
said report, send to the dairy and food
commissioner a full and accurate report
of the amount of business done during
the year, including the statistical infor
mation required by said commissioner.
Sec. 26. It shall be the duty of said
commissioner, assistant commissioner, in
spectors and agents at a ny and all times
to seize and take possession of any and
all food and dairy products, or substi
tutes therefor, or imitations there
of, kept for sale or for a pur
pose, or held in possession or under con
trol, contrary to the provisions of this
act, or other laws which now exist, or
may be hereafter enacted. Such seizure
may be had without a warran t, and said
commissioner, assistant commissioner,
and all inspectors and agents appointed
pursuant to law are hereby given full
power and authority of constables. Any
court having jurisdiction, upon receiving
proof of probable cause for believing in
the concealment of a ny food or dairy
products or substitutes therefor, or imi
tations thereof, kept for sale or for a
purpose, or had in possession or under
control, contrary to the provisions of this
act, or other laws which now exist or
may be'hereafter enacted, shall Issue a
search warrant and cause a search to be
made in any place therefor, and to that
end may cause any building, enclosure,
wagon or car to be entered, and a ny
apartment, chest, box, locker, tub, jar,
crate, basket or package to be broken
open and the contents thereof examined.
Sec. 27. All such warrants shall be di
rected to said commissioner, or assistant
commissioner, or any inspector or agent
appointed pursuant to law, or the sheriff
or constables commanding such commis
sioner, assistant commissioners, inspec
tor, agent or officer to search the house
or place where such food or dairy prod
ucts or substitute therefor or imitation
thereof for which he is required to search
is believed to be concealed, which place
and the property to be searched for shall
be designated in the warran t, and to
bring such food or dairy product, or sub
stitutes therefor, or imitations thereof,
when found, and the person in whose
possession the same is found, before the
magistrate who issued the warran t, or
before some other court or magistrate
having jurisdiction of the case.
Sec. 28. When the officer in the execu
tion of any search warrant issued under
this act finds and seizes a ny food or
dairy product, or substitute therefor, or
imitation thereof, all the property or
things so seized shall be safely kept by
the direction of the court or magistrate
so long as is necessary for the purpose
of being produced in evidence in any
trial, and on such trial, it being found
that such food or dairy product, or any
substitute therefor or imitation thereof,
is being kept for sale or for a purpose, or
held in possession or under control, con
trary to the provisions of this act, or
other laws which now exist or may be
hereafter enacted, the court shall, in ad
dition to the other penalties prescribed by
act, order that said property be forfeited
to the State of Minnesota, and shall order
the sa me sold for a ny purpose other than
to be used for food, and the proceeds
thereof paid into the state treasury and
placed to the credit of the state dairy
and food commissioner's fund. The dairy
and food commissioner, his agent or in
spector is authorized to take samples from
products seized for the purpose of a n
alysis.
Sec. 29. No person shall efface, erase,
cancel or remove any mark, statement
or label provided for by this act with
the intent to mislead, deceive or to vio
late a ny provisions of this act.
Sec. 30. No action shall be maintained
on account of any sale, or other contract
made in violation of, or with intent to
violate any provisions of this act.
Sec. 31. The doing of anything pro
hibited, and the not doing of anything
directed, to be done by this act, shall be
prima facie evidence of a willful intent
to violate the different sections and pro
visions hereof.
i+ic. 32. In all prosecutions arising un
der this act the certificate of the chemist
making the analysis, when duly sworn
to by such analyst, shall be pri ma facie
evidence of the fact or facts therein cer
tified.
Sec. 83. All moneys received from li
cense fees, all fines collected for the vio
lation of laws relating to- food or dairy
products, their imitations or substitutes
and the proceeds from all goods con
fiscated and sold under the provisions of
this act and other laws relating to dairy
or food products, their imitations or sub
stitutes, shall be paid into the state treas
ury and placed to the credit of the dairy
and food commissioner's fund.
Sec. 34. Whoev er violates a ny of the
provisions of this act shall be guilty of a
misdemeanor, and upon conviction thereof
shall be punished for each offense by a
fine of not less than twenty-five dollars
nor more than one hundred dollars, or
by imprisonment of not less than thirty
days, nor more than ninety days.
Sec. 35. Chapter 11, General Laws of
1891, and all acts and parts of acts in
consistent with the provisions hereof are
hereby repealed.
Sec. 36. This act shall take effect and
be in force from and after its passage.
Approved April 7, 1903.
CHAPTER 156S. NO. 264.
A N ACT to validate sales of real estate
heretofore made under a license from
probate court.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That all sales of real estate
heretofore made under a license from a ny
probate court of this state to an execu
tor or executors wherein the following
defects and irregularities have occurred,
viz: whe re the oa th before sale was
taken after the date of fixing the time
and place of sale, and before the day of
sale, and was filed after the sale, but
before the confirmation thereof where
the executor's bond before sale was ex
ecuted and approved before the sale and
filed after the sale, but before the con
firmation thereof where the executor's
bond contains no witnesses as to the
sureties thereon: where the sale was
made and the report of sale was sworn
to by one other than the executors as
attorney in fact for the executors under
an unacknowledged power of attorney
filed with the probate court before, con
firmation of such sale, and such sales
were thereafter duly confirmed by an or
der of the probate court and where all
other proceedings therein were legal, all
such sales and the confirmation thereof
are hereby legalized and made as valid
and effectual to all intents and purposes,
and of the sa me force and effect as if such
oath had been duly taken before the date
of fixing the time and place of sale, and
said bond had been duly executed, wit
nessed, approved "and filed before sale,
and said sale had been duly made and the
report of sale had been duly sworn to and
filed by the executors personally.
Provided, however, that nothing herein
contained shall affect pending litigation
for the purpose of setting aside anv such
sale heretofore made.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 8, 1903.
CHAPTER 157H. NO. 528.
A N ACT to further provide for the re
vision and codification of the General
Laws.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The time allowed by chapter
241 of the laws of 1901, for the delivery
to the secretary of state of the report of
the commission appointed under said
chapter to revise and codify the General
Laws is hereby extended to December 1,
1904.
Sec. 2. Said commission shall include
in the revision and codification th en re
ported all general laws relating to taxa
tion and all laws of a general nature en
acted at the extra session of 1902 and at
the present session. It shall also sub
mit, with its report, a list of all special,
local and tempora ry laws, the repeal of
which it shall recommend, giving the
chapter number and title of each.
Sec. 3. The several commissioners shall
receive compensation from and after Sep
tember 1, 1902, each at a rate to be fixed
from time to time by the justices of the
supreme court, not exceeding- the monthly
payments made prior to that datean
said justices shall also determine the
amounts to be allowed for clerical and
other assistance, and for expenses, all of
which payments shall be made by the
state treasurer upon warrants of the
state auditor issued as prescribed in sec
tion 8 of said chapter 241.
Sec. 4. The limitation imposed by sec
tion 2 of said chapt er 241 upon the ex
penditure of the sum appropriated' by
said chapter is hereby abrogated, and all
sums appropriated for the purposes of
said revision and codification shall be
expended under the direction of the Jus
tices of the supreme court. If a vacancy
shall occur in the' membership of said
commission, the justices may fill the
same by appointment.
Sec. 5. .There Is fcerebj a^rojy-laiejl
7f$$^'y*'
out of any. money in the state treasury
not otherwise appropriated the additional
sum of fifty thousand dollars, or so much
thereof as may be necessary to properly
accomplish the said revision.
Sec. 6. This act shall take effect and
be in fore* from and after its passage.
Approved April 9, 1903.
CHAPTER 158H. NO. 9.
A N ACT to ame nd section seven thou,
sand eight hundred and sixty-nine (7869)
of the General Statut es of Minnesota
for 1S94, as the same was amended by
chapter one hundred and forty-four
(144) of General Laws of Minnesota for
1897, and chapter two hundred and
twelve (212) of General Laws of Min
nesota for 1901, relating to bounties for
the arrest and conviction of horse
thieves.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section seven thousand
eight hundred and sixty-nine (7869) of the
General Statutes of Minnesota for 1894,
as amended by chapter one hundred and
forty-four (144) of the General Laws of
the State of Minnesota for 1897, and chap
ter two hundred and twelve (212) of the
General Laws of the State of Minnesota
for 1901, be and the same hereby is
amended so as to read as follows, to wit:
"Section 7869. That the sum of two
hundred ($200) dollars be paid to any per
son or persons for the arrest and convic
tion of each and every person who steals
a horse or horses from any person or
persons in this state, which amount shall
be paid to the person or persons entitled
thereto on the presentation of a certifi
cate, issued as hereinafter provided, from
the clerk of the court of the county where
such conviction was had, setting forth
the object for which the sa me was issued,
to the treasurer of the proper county
and such county treasurer shall take a
receipt for the same, setting forth the
object for which the sa me was paid
which certificate and receipt shall be for
warded to the state auditor, who shall, at
the next settlement, place a warrant for
such amount into the hands of the state
treasurer, to be credited on the settlement
with said county treasurer."
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903.
CHAPTER 159H. NO. 758.
A N ACT creating pension for disabled or
retired policemen in cities situated in
counties now having or which may at
a ny time hereafter have a population
of 150,000 and not over 225,000 inhabi
tants and providing for a fund out of
which such pension shall be paid and
for the establishment of a pension
board for the managemen t, contror and
distribution of such fund.
Be it enacted by the legislature of the
State of Minnesota:
Section- 1. In every elty situated in
counties now having or which may at a ny
time hereafter have a population of 150,-
000 inhabitants or over, and not over
225,000 inhabitants, there may be created
a police pension fund, which shall be
governed and manag ed by a police pen
sion board in accordance with the pro
visions of this act.
Sec. 2. That every paid municipal
police department now existing or which
may hereafter be organized may and are
hereby authorized to become incorporated
pursuant to the provisions of title 3.
chapter 34 of the General Statut es of
Minnesota, 1894, and acts amendatory
thereto, or adopt a constitution and by
laws as a relief association to provide
and permit and allow said police relief
association so incorporated or so organ
ized to pay out of, and from any funds it
may have received from the State of Min
nesota or from any other source, a serv
ice pension In such accounts and in such
manner as its articles of incorporation or
the constitution and by-laws shall so
designate, not exceeding however the
sum of $40 per month to each of its pen
sioned members who shall have arrived
at the age of 55 yea rs or more, and
shall have done active police duty
as a member of such paid municipal
police department for a period of 20
years or more in the police depart
ment of such city in which such
relief association shall be organized
or who having been disabled physically
or mentally because of any injury received
or suffered while in the performance of
his duties as such police officer, so as to
render necessary his retirement from
active police service may be placed upon
the pension list, and shall receive such
pension as provided for in said articles
of incorporation or constitution and by
laws* provided, however, that said fund
shall not be used for any other purpose
other than for the payment of service
pensions and a disability pension as here-
"see. 3. Every such association shall at
all times have and^retain the right to
increase or reduce the amount of such
pension not to exceed $40 per month
whenever, because of the amount of funds
on hand, or for other good reasons such
increase or reduction may seem advisable
or proper to the board of management of
said relief association.
Sec. 4. The pension authorized by this
act shall not be paid to a ny person while
drawi ng salary in any amount from said
police department and no memb er shall
be entitled to said pension after he re
moves his residence from the city whe re
such relief association is located or who
shall have been convicted of felony or
misdemeanor for which he shall be ad
judged to be imprisoned or who is a
habitual drunkard and that a ny person
receiving the pension herein mentioned
shall not receive or be entitled to receive
any other or further pension or relief
from said association.
Sec 5 No payments made or to be
made' by said board to said member of
said police force shall be subject to
judgment, garnishment or execution or
other legal processes and no person en
titled to such payment shall have the
right to assign the same, nor shall said
association have the authority to recog
nize or ay over a ny sum whatever which
has been assigned.
Sec 6. Said association through its offi
cers shall have full charge, management
and control of the police pension fund
herein provided for, which said fund shall
be derived from the following sources:
FirstFrom the gifts of real estate or
personal property, rents, or money or
other sources second, an amount or sum.
equal to 1-10 of 1 mill shall be annually
assessed, levied and collected by the
proper officers of such city whe re a po
lice relief association exists, upon each
dollar of each taxable property in such
city as the same appears on the tax
records of such city, which said sum
shall by the proper officers of said city be
placed on the credit of the police pension
funds, and shall not be used or devoted
to any other purpose other than for the
purpose of the police pension fund pro
vided, however, that if at any time the
fund so raised by taxation as in this sec
tion provided, together with other re
sources exceeds the needs of said police
pension board in the properly carrying
out the provisions of this act then as
often as this shall occur, said sum so to
be raised by taxation shall be propor
tionately reduced to such amount as will
sufficiently carry out the provisions of
this act, then there shall only be raised
by taxation such part of said
1-10 of 1 mill upon each dollar
of all the taxable property In
such city as shall be necessary
for the proper maintenance of said fund
as in this act provided.
Sec. 7. The said governing board shall
have full power to hold, transfer and sell
real estate and personal property, and in
vest said funds for the betterme nt of said
association.
Sec. 8. The governing board of said as
sociation shall consist of five members to
be elected annually, who shall hold their
terms of office for one, two, three, four
and five years, respectively, or until their
successor is duly elected and qualified,
and the mayor and chief of police, shall
be ex-offlcio members of said board. All
vacancies occurring in the elective me m
bership of said board shall be filled by a
special election called for said purpose.
Sec. 9. The said governing board of
said association shall file annually, on or
before the first day of September of each
year, with the comptroller of said mu
nicipality, a detailed report of the amount
of money so received, expended and still
remaining on hand to the credit of said
association.
Sec 10. This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903.
CHAPTER 160H. NO. 778.
A N ACT relating to bridges across the
Minnesota river.
it enacted by the legislature of the
State of Minnesota.
Section 1. That &ny municipal or pri
vate corporation, person or parties, sep
arately or joiatly, their successors or as
signs, may construct, maintain and oper
ate a fixed span bridge or bridges, wi th
approaches, if necessary, across the Min
nesota river at any point on said river
down to and including the City of Le
Sueur in the County of Sueur and
Sta te of Minnesota.
Said bridge or bridges shall be used for
general pedestrian, wagon and railway
traffic, or for any or all such purposes,
and its location and construction shall be
subject to the approval of the governor
as provided in section 1919 of the General
Statutes of Minnesota for the year 1894.
Sec. 2. Any draw bridge now con
structed across said river at and above
the said city of Sueur and maintained
by anjr municipal or other corporation
may be converted into a fixed span bridge
without a draw.
Sec. 3. This act shall take effect and
be In force from and after its passage*
AjBWHt-04 AjorJi 10. 1903.
GENERAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OE 1903.
161-H. F. NO. 837.
9S
APTE
A N ACT entitled an act to authorize
cities now or hereafter having a popu
lation of over fifty thousand inhabitan ts
to grade streets constituting an a p
proach to a public park, without a ny
petition of property owners therefor.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in any city of this state
now or hereafter having a population of
over fifty thousand inhabitants, where*
a ny public park or parks now or here
after exist, without a ny graded street
leading therefrom to the main portion of
such city, the common council of such
city is hereby authorized and empowered
by a three-fourths vote of all members
elect thereof, upon recommendation of the
board of park commissioners, or such
other officials as may have charge and
supervision of the parks and parkways
of such city, to order and cause to be
opened and graded for public travel the
necessary street or streets to constitute
one main thoroughfare leading from such
park or parks to the main portion of such
city, without a petition therefor signed
or presented by the owners of any prop
erty fronting or abutting upon the line
of such improvement, and may cause the
whole or any part of the necessary cost
and expense of opening and grading any
such street or streets to be levied and
assessed upon and against the property
benefited by such improvement, in the
sa me manner and with like effect as other
assessments for street grading are made
by such city.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903.
CHAPTER 162H. F. NO. 380.
A N ACT legalizing certain floating In
debtedness of villages and authorizing
the issue of bonds with which to fund
the same.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Any and all orders hereto
fore issued by any village in this state
for the following purposes, or either
thereof, to wit, in payment of the cost, in
whole or in part, of village water works
or electric light plant, or both combined,
or the enlargement, improvement and re
pair thereof in payment of the cost, in
whole or in part, of the erection and con
struction of any building to be used for
the purpose of a village hall, village of
ficers (offices), or hall to be used
by the public for exhibitions, lec
tures and other public entertain
ments and purposes, which said
orders are still outstanding and unpaid,
are hereby declared to be lawful floating
indebtedness of said village, as of the
date of their issue, provided only, that
the council of any such village and the
voters thereof shall have heretofore rec
ognized said orders by voting to issue
bonds with which to take them up,
whether the issuing of bonds for such
purpose was or was not then authorized
by any law of this state.
Sec. 2. The village council of a ny vil
lage in this state is hereby expressly em
powered, to issue the bonds of its village
in such amount and denomination and
bearing such rate of interest as the voters
of any such village may have heretofore
authorized by the votes of a majority of
all such voters present and voting at a ny
general or special election, upon a prop
osition as to whether or not the bonds of
such village should h issued for the pur
pose of taking up and paying outstanding
village orders of the character described
in section one of this act, whether any
such issuance of bonds was or was not
authorized at the time such vote was had.
Such bonds may be issued and sold by
any such village council in such manner
as it shall deem proper, but for not less
than their par value, and such bonds
shall un for such term of years, not to
exceed fifteen, and shall be payable at
such place as may be by said village
council determined. The proceeds from
the sale of a ny such bonds shall be paid
over to the village treasurer to be used
by him in taking up the specific indebted
ness referred to in the action of the vil
lage council and in the proposition sub
mitted by it to the voters of any such
village and adopted by them as aforesaid.
Sec. 3. The right to issue bonds under
this act shall not be affected by the
amount of the Indebtedness of any such
village outstanding at the time of issuing
bonds hereunder.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903.
CHAPTER 163H. NO. 708.
A N ACT to define articles of food and
drink for human use, to prevent mis
branding or adulterations of the same,
to prevent fraud and preserve public
health.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The term "food" shall in
clude all articles used by man for food,
drink or condiment whether mixed, single
or compound. The term "misbranded" as
used herein applies to all articles of food
or articles used in the composition of
food, drink or condiments, the pack
ages or labels of which shall bear any
statement purporting to name a ny in
gredients or substance contained in such
article which statement shall be false
in any particular or a ny statement pur
porting to name the substance of which
said article Is made, which statement
shall not fully give the names of all the
substances contained in the article in any
quantity, or which names as a single ar
ticle of food a ny mixture or compound.
The term "drin k" as used herein shall
not include liquids containing two (2) per
cent or mo re of alcohol.
Sec. 2. An article shall be deemed
adulterated in the case of food drink or
condiment:
First, if any substance or substances
has or have been mixed and packed with
it so as to reduce or lower or injuriously
effect its quality or strength, so that such
product, when offered for sale, shall de
ceive or tend to deceive the purchaser, or
Second, If any substance or substances
has or have been substituted wholly or
in part for the article, so that the pro
duct when sold, or offered for sale shall
deceive or tend to deceive the pur
rhfl,s6r or
Third If any valuable constituent of
the article has been wholly or in part
abstracted, so that the product when
sold or offered for sale shall deceive or
tend to deceive the purchaser or
Fourth, If it contain a ny added poison
ous ingredient or an Ingredient which
may render such article injurious to the
health of the person consuming It, or
Fifth If it consists in whole or in part
of a filthy, decomposed, or putrid animal
or vegetable substance, or any portion or
anv animal unfit for food, whether manu
factured or not, or if it is the product
of a diseased animal, or one that has
died otherwise than by slaughter or,
Sixth, if it be mixed, colored, powdered,
or stained in a manner where by damage
or inferiority is concealed so that such
product, when sold or offered for sale,
shall deceive or tend to deceive the pur
chctscr
Sec 3. Any person adulterating or
misbranding any article of fooa, annk or
condiment as defined in section two (2) or
who shall handle, keep for sale, offer or
expose for sale any article so adulterated
or misbranded shall be eMtyotamlaiLe
meanor and on conviction be fined not
less than twenty-five (25) dollars, or mo re
than seventy-five (75) dollars and costs
or by imprisonment not to exceetd ninetty
(9Secda4yS'lt
W f
shall be the duty of he stae
dairy and food commissioner and his as
sistants, experts and chemists and agents
by him appointed, to enforce the pro
visions of this act.
Sec. 5. This act shall take effect and
be in force from and after July 1, 1903.
Approved April 10, 1903,
CHAPTER 164-H. NO. 332.
AN ACT to ratify certain
and confirm'the
SedflJf^n,? whn
title in hconveyances State of 7
Minnesota to lands thereby conveyed.
Be it enacted by the legislature of the.
State of Minnesota:
Section 1. That all conveyances here
tofore made by any person or persons
transferring land situated in the Sta te of
Minnesota, to the governor and legislative
assembly of the Territory of Minnesota,
in trust for said territory, are hereby
confirmed, and the title to such premises
so conveyed declared to be vested in the
State of Minnesota.
Sec 2. This act shall take effect and
be in'force from and after its passage.
Approved April 10, 1903.
CHAPTER 165H. NO. 388.
A N A CT to create in cities of the Sta te
of Minnesota which now have or here
after may have, no mo re than fifty
thousand (50,000) and not less than
twenty thousand (20,000) inhabitan ts a
board of municipal works, to define its
duties and powers and to regulate the
management of certain municipal works
of such cities.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in each city in the
State of Minnesota which now has, or
hereafter may have, no more than fifty
thousand (50,000), and not less than
twenty 'thousand (20,000) inhabitants,
there be and hereby is created and estab
lished a board of municipal works, which
shall have the control and management
of all such water works systems, lighting
plants and sewerage pumpi ng plants of
each such city as may be owned and ap
erated by such city, with the powers and
duties hereinafter designated.
Sec. 2. That all authority under th is
act, In each such city, shall be exercised
by a boa rd of six (61 commissioners to be
known atid designated as the "Board of
J^MuDlcipat .Works,*-* .whet jAaU-b* appoint-
&ry<*Q
ed by the* mayor of such city, and whose
terms of office shall be as hereinafter des
ignated.
Sec. 3. I is hereby made the duty of
the mayor in each such city tn this state,
in which a water works plant, a lighting
plant and a sewerage pumping plant, or
any one or more of them, is being owned
and operated by such city on the last
Monday in April, A. D. 1903, to appoint
on such last Monday in April, A. D. 1903,
six (6) persons, residents of such city,
commissioners, one of whom shall be ap
pointed to serve for a term of one (1)
year, one for a term of two (2) years,
one for a term of three (3) years, one for
a term of four (4) years, one for a term
of Ave (5) years, and one for a term of
six (6) years. These six persons, so a p
pointed, shall constitute the first board of
municipal works for the city in which so
appointed. The said terms of office shall
commence on the first Monday in May.
A. D. 1903, and said commissioners shall
said ay enter upon the performance
of their duties and assume the control
and management of the water works sys
tem, lighting plant and sewerage pump
ing plants of the city in which they have
been so appointed, or such of said works
as shall then be owned and operated by
said city.
he mayor of each such city shall a n
nually thereafter, on the last Monday in
April, appoint onm
such city, as a member of said board and
as the successor of the commissioner
whose term of office expires in that year,
fperson,
th
an
nK
fl
th on untl ^hl
yearresident
a
from
ter
afr
Zr
a
mentmembershi
chang in the political be
lief of any of the members aftedr appoint
shall not disqualifreappointment.b a nny memer
for
suc
nic pal wor ks shall thereafter be in
stalled and established bn such city to
be operated and controlled by city
and in each city of thisaninstallesuchh here-l,
after any hav2 ncitymorestate tan and
thlrl%8
inhabitantwhica
Hecho,
tV^
00
0o
&,"
an
?iHi?fvLWOKyrks
ma
ay
wEre
been
PPOintment one
0ffi (Pihf
8ha1
1
h
tr
1
commence im
SUC
^.n'e
a P
ln ted to serve unti
1E.H1 Monday in May following, one
untu one year after the following first
nday in May.
flrst
0
1
fc
fnni f^f
MavS
Monday in May, on until
Mondit? ,yea1r.*l
followine flrst
th
afte
MondafSf'.P?
in Mayf and until five (5)
oll winsone
the
TrfiZl
flrst Mondfy in
i successors ehall there-
after be appointed at the times and in
the manner hereinbefore designated for
the appointment of successors
Each such board shall assume the con
trol and management of such works im
mediately after thel same shall in
stalled or established by such city and
be rea dwhenever
census (whetheer na
fory operation. it shall hereafter be
on
cla
an
DV
A0n*a?
tiT tional, state or city) that any city in this
wll^"^
nu mber of inhabitants
1118
th
hereinberore designated,t and notshall thereto-
$Zl%
hown
here at
V.
i""1
thof
u? Monday In May oi the year in
which appointed and until his successor
is appointed and qualifies. Provided, that
all appointments made under the pro
visions of this act, including the filling of
vacancies, shall be so made that no more
than three (3) persons of those compris
ing said board,
shallew any time belong
to the sa mae political party, and provided
vS?S
nt less
50
(JO
a
That in each cith of this state which
?h
jM?
mo vT
a
mu nicipal wor ks designated
than 20,00h0 inhabitants, and in which
of the said mu
shall be ownende and operated by such
on the last Monday in April, 1903.Doarcitn but i
mor
es
0 in which
or
morh of50,000
the mu-
theretorore appointed
a,ving
inI'
& less Thkn
tha
ior
an tim
for any such( cityd iyt shall beo the duty
the may ot of each such city,
notto
a
30) commencof
mo
re
0
ten
th
cit
^ntSSLo^d! n0aB
works ap
UC suc
th onj? e
I
nnfnt
th
at li
point the board
hereinbefore. designatedfl,
a
Monda
an las
that time be owned and operated
by such cityc onlet or more of such mu
nicipal works, it shall be the duty of the
th
cy 'w
1
ia ^i?
in April following the official notice of
such census, to appoint the board here
inbefore designated, whose term of of
fice shall commence on the flrst Monday
of May following, and who shall be a p
pointed to serve for the lengths of time
first specified in this section, and their
successors shall thereafter be appointed
at the times and in the manner herein
before designated for the appointment of
successors.
That whenever there shall hereafter be
constructed, purchased or installed any
one of the municipal works hereinbefore
designated, by ony such city in which
such board of municipal wor ks have been
theretofore appointed and established, or
extensions or additions made to any such
wor ks therein previously established, or
machinery installed to be operated in
conjunction therewith, such board shall
thereupon assume the control, operation
and management of such works, exten
sions or machinery, in addition to all
wor ks then under its control, immediate
ly after the same shall be completed by
such city and ready for operation.
All vacancies, by resignations or other
wise, shall be filled by the board, but
every such appointment shall require an
affirmative vote of a majority of all the
members of the board.
The mayor may remove any of the com
missioners for misconduct, incompetency
or neglect of duty after opportunity shall
be given him to be heard on written
charges. Each memb er of said board
shall before entering upon the discharge
of his official duties take and subscribe
the usual oath of office and deposit the
same wi th the city recorder of such city,
together with a written acceptance of his
said appointment. All appointments here
in provided for shall be made by the ma
yor in writing and filed by him with the
city recorder of such city and when
made by the board, the secretary of said
board shall certify the necessary facts to
such recorder, showing the cause of such
vacancy and how filled.
The said board shall elect annually one
of their number to be president of the
board, and may make by-laws and regu
lations for their government not incon
sistent herewith. A majority of said
board shall constitute a quorum, and all
contracts and engagements, acts and do
ings of said board, within the scope of
their duty and authority, shall be obli
gatory and binding upon such city.
The members of said board shall re
ceive no compensation for their services,
but shall be allowed their reasonable of
ficial expenses, except that traveling ex
penses outside such city shall not be al
lowed any BUch members unless authority
to make such trip be previously granted
by such board and approved in writing
by the mayor of such city.
The said board shall elect some suitable
person as secretary, not a member of
said board, who shall, as such secretary,
be the general superintendent of the sev
eral municipal works under its control in
such city.
The said board shall have power by an
affirmative vote of a majority of all its
members to remove him for cause, after
opportunity shall be given him to be
heard upon written charges.
Said board shall appoint some suitable
person to have the care and superin
tendance of all poles and wires owned by
such city, and who shall be styled "city
electrician," wi th such powers and duties
as may be prescribed by said board. Such
city electrician shall be ex-offlcio superin
tende nt of the fire alarm syst em of such
city.
Said board may appoint and employ all
proper clerks, assistants and employes
necessary or convenient for the operation
and management of the several municipal
works or departments in such city, and
for accomplishing the purposes contem
plated by this act.
The salary and compensation of all per
sons appointed and employed by said
board in any of the departments under its
control shall be such as may be fixed by
said board, by an affirmative vote of a
majority of all its members.
I shall be the duty of each such board
within six months after its appointment
and organization to make and establish
general rules providing for the manner
and method of appointing, employing and
removing all persons in connection with
the operation and management of the
several municipal works under the care
of such board and to define their duties
and powers. Such rules shall, when
practicable, provide that all appoint
ments and employments, other than or
dinary labor and transient assistan ts and
employments, shall be made in accord
ance wi th the civil service or "merit
system," and all such rules when so es
tablished shall be changed only by an
affirmative vote of five-sixths of all the
members of said board.
The treasurer of such city is hereby de
clared to be ex-offlcio treasurer of said
board. The city engineer of such city,
except when otherwise designated by said
board for special purposes, shall be the
engineer of said board.
The city attorney of such city, except
when otherwise specially designated by
said board, shall be the legal adviser of
said board.
Sec. 5.' I is made the duty of the sec
retary, under the direction of said board,
to collect and receive and to pay into the
city treasury all moneys due such board
on account of the "operation of said
works, and to keep a set of books which
shall at all times contain a full and com
plete statement of the condition and op
eration of each such municipal wor ks or
department, and of all matters in con
nection therewith, and a detailed and ex
act account of all moneys received and
paid out by order of said board, in each
such departmen t, and all debts due and
owing said boa rd for any cause what-
'iX^'^i-^W^^
of all the expenses of and liabilities in
curred by sa id board in each such de
partment.
It is made the duty of the treasurer of
said board to receive all moneys whlGh
may be paid into the city treasury on
account of said board from any sources
whatever, and place the same In a sep
arate fund therefor to be designated
"municipal works fund," which fund s
hereby created for each such city, ana
all moneys so received shall be retained
by said treasurer and paid out only upon
the order of said board, signed by the
president and countersigned by the sec
retary thereof, and he shall keep a de
tailed and exact account thereof, In such
manner as to show at all times the ex
act financial condition of said board.
The books of said board shall ut all
times be open to the examination of any
taxpayer of such city, or to a ny member
or committee of the city council said
board shall on the flrst Monday in April
in each year make a full report In detail
to the city council of the condition and
operation of the wor ks under their
charge, and of each department, and of
all receipts and expenditures, for the year
then ending, on account of the same
and shall also, whenever desired by said
council, transm it to said council a concise
statement of the financial condition of
a ny such department.
Sec. 6. Said board may sue and be
sued, plead and be impleaded, answer
and be answered unto, appear and pros
ecute unto final judgment in a ny court or
elsewhere in the name of said board,
have a common seal and alter the sa me
at pleasure. They may prosecute any ac
tion in the name of said board against
a ny person or persons for money due ior
the use of water or from a ny other cause
for the breach of any contract, express
or implied, touching the execution or
management of a ny of said wor ks or de
partments, or of a ny promise or contract
made to or for them and also for the in
jury or trespass or nuisance done or
caused or procured to be done to the wa
ter courses, pipes, machinery or a ny
other apparatus belonging to or connect
ed with any part of a ny of said works,
or for any improper use or waste of the
Sec'7. The said board, in behalf of
said city, and all persons acting under
their authority, shall have the right to
use the grounds or soil under any road,
railroad, highway, street, iane. alley or
public ground tor the purpose of con
structing, extending enlarging, improv
ing or repairing the works contemplated
by this act, on condition that they shall,
when not otherwise provided by any or
dinance of said city, and when not the
duty of some private person, company or
corporation, cause the surface of such
road, railroad, highway, street, lane, al
ley or public ground, to be restored to its
original state, and all damages done
thereto to be repaired.
Sec. 8. Each such board shall keep and
maintain an accurate and detailed rec
ord of the following annual accounts:
FirstThe current expense of operating
and maintaining each of the water works,
lighting and sewerage departments, or
such of them as may be under their con-
SecondInterest on all outstanding wa
ter and lighting (light) bonds.
ThirdExtensions and improvements.
FourthSuch other accounts, and such
subdivisions of the foregoing named ac
counts as may be deemed desirable for
the purpose of accurately showing the
true financial conditions of each pi said
departments and all property belonging
to the same.
On or before the second Monday In Au
gu st of each year the secretary of said
board shall present to the said board of
municipal wor ks of such city, in writing,
an estimate of the probable receipts dur
ing the next ensuing fiscal year ior each
such department, irom each and
sources other than municipal, such fiscal
year to commence on the first day of
April together with an estimate of the
several amounts required during the nex*.
ensuing fiscal year for the operation and
proper maintenance of each of the de
partments under their control, and shall
also make a special estimate of amounts
required for the water wor ks department
of such city during the next ensuing
fiscal year for each of the following pur
poses, to-wit:
FirstFor the current expenses of op
erating and maintaining said water
works department.
SecondFor interest on all outstanding
water works bonds.
ThirdFor water wor ks extensions and
improvements.
FourthFor the payment of outstand
ing water wor ks bonds maturing during
the next ensuing fiscal year, in the a g
gregate amount of not exceeding fifteen
thousand (15,000) dollars.
The estimate for extensions and im
provements In such water works depart
ment shall not, however, exceed ten (10)
per cent of the said estimated probable
receipts from all sources other than mu
nicipal, unless approved by an affirmative
vote of a majority of all the members of
the city council. ,_,
If said estimate of the probable re
ceipts shall be less than the total of the
amounts required for all of the purposes
designated, said secretary shall thereupon
prepare a detailed statement of all water
which will probably be used and con
sumed for municipal purposes during the
next ensuing fiscal year, excepting there
from only public fountains, public drink
ing places, and public watering
troughs, and shall equitably appor
tion the amount so required in addi
tion to the estimated amount of receipts
from other sources, to the said several
municipal purposes for which said water
is so used, on the basis of the water rates
prescribed and established by said board
for like purposes, but shall not exceed
such rates, and shall make an assessment
of the several amounts so appropriated
on the general fund of said city and on
the funds of the several municipal de
partments so using said water.
Upon the completion of such estimate
for all departments under the control of
said board, said secretary shall present
the same to said board, for the considera
tion and approval of said board.
Said board shall upon receipt thereof
proceed to consider the same and shall
make such corrections or changes as may
be deemed necessary to perfect and
equalize the same, and shall approve and
establish the same on or before the last
Monday in August following.
After such several estimates and the
assessments for water works purposes
upon the several municipal departments
have been fully approved and established
by said board, a duplicate of the same,
duly certified to by the president and sec
retary of said board, under the seal of said
board, shall be transmitted to and filed
with the recorder of said city on or be
fore the said last Monday in August, and
at the sa me time a like copy shall be
transmitted to and filed with each mu
nicipal department or board of said city
against which an assessment for the use
of water has been so made.
The city recorder shall thereupon in
clude the amounts so established by said
board and the amounts so assessed
against the general fund of such city, in
his estimate to the city council of the
several sums which will be required to
meet the expenses of such city during the
next ensuing fiscal year and said council
shall establish the same in its tax levy
for such year and each board, or govern
ing body, of the municipal department so
assessed shall likewise Include the
amount so assessed against it in its es
timate of the several sums required dur
ing the next ensuing fiscal year, and
such amounts shall in each instance be
included in the respective tax levies for
such year.
All amounts so assessed by said board
and included In the said
shallso be paid to the treasuretra ofleviesd, sai
board by each of said municipal depart
ments respectively, in two equal install
ments, on the first ay of July and on
the first day of December of the year in
which said taxes are collected.
If said estimate of the probable re
ceipts shall be equal to or shall exceed
the total of the amounts required for the
next ensuing fiscal year, th en no assess
ment shall be made for tne use of water
upon the several municipal departments
as hereinbefore provided, and a ny and all
surplus in the treasury of said depart
ment at the end of any fiscal year, and
which said board shall by resolution de
termine not to be required for the rext
ensuing fiscal year, shall be ordered paid
into the general fund of said city by said
board.
Sec. 9. I shall be the duty of the city
council of each such city, immediately
after the organization of such board, to
direct the treasurer of such city to tran s
fer from the general fund to the munic
pal works fund, to be thereafter mai n
tained by him and controlled by said
board, all moneys theretofore levied for
the departments under the control of
said board, as the same may be received
by such treasurer from the county audi
tor of such county, and all moneys in the
city treasurey of such city applicable to
the needs of said departments, prior to
the time that the first of the tax levies,
hereinbefore designated to be made by
and for said board, shall be collected, re
ceived and applied by said treasurer, for
said board and the city council of each
such city shall also, hereafter, when not
provided for in the board's estimate,
cause to be transferred to the municipal
works fund from the proper fund of
such city the necessary means for mai n
taining and operating such works, or ad
ditions and extensions thereto as may
have been installed by such city and of
which such board has assumed control,
until the beginning of the fiscal year .fol
lowing the first tax levy which Includes
the board's estimate for the same.
Sec. 10. N money shall be paid out of prisonmen not exceeding one (1 year,
the funds* In the cits treasury belonging bottk attha discretion of the cpurt,
terest of water and light bonds or either,
unless such payment shall be specially
authorized by an afnrmative vote of a
majority of all the members of such
board, taken by a call of the ay es and
noes, and th en only upon order drawn by,
the secretary of such board, signed by
the president and countersigned by th
secretary, specifying the purpose and de
Dartment for which, and the account
upon which it is draw n, and made pay
able to tho order of the person, Arm or
corporation in whose favor it ^is issuedj
provided, that orders in the form above
prescribed may be issued at the proper
Sm e, without specific action by the board
in each instance, for the payment of sal
aries or wages previously fixed and deter
mined by board, and made payable at
certain definite times and in certain defin
ite installments, ._
8* 11 I all appropriations, and in
al? purchases made or liabilities incurred,
said board shall not exceed In any fiscal
year the amount of the estimate made
therefor, as hereinbefore provided, and,
except when otherwise author zed by
law, no loans shall be made by said board
at a ny time for any purpose, except when
extraordina ry expenditure shall be re n
dered unavoidable by fire or other^ un
foreseen calamity, and such expenditure
be approved by a majority vo te of the
city council of such city.
Sec. 12. Whenever the city treasurer
shall ay any principal or interest on any
water or light bond he shall immediately
transmit to the secretary of said board a
statement of such payment, together with
the bond or coupon so redeemed, and.
proper entry thereof shall be made by the
secretary In the books kept for that pur
pose.
Sec. 13. Each such board shall, if a
water wor ks Bystem be under its control,
regulate the distribution and use of the
water in all places and for all purposes
where the sa me may be required for
either public or priva te use, and fix the
price and rates therefor, and from time
to time cause to be assessed the water
rate to be paid by the owner or occupant
of each house or other building having
or using water, upon such basis as they
shall deem equitable, and such water rata
shall become a continuing paramount
Hen, until paid, upon each house or other
building, and upon the lot or lots upon
which such house or other building is sit
uate, and th ey shall erect such new num
ber of public hydrants and in such places
as shall be ordered from time to time by
the city council of such city. Said board
is hereby authorized and required to ie
strain and prevent a ny and all wastage
of water, whether occurring under pr i
vate or public use, and.to that end may,
when in its judgment necessary, turn oft
the water or take such other action as in
its judgment may be proper.
Sec. 1.4. That each such board shall
have the power and authority to require
payment in advance for the use of water
furnished by them in or upon any build
ing, place or premises, and in ca se
prompt payment for the same shall not
be made, th ey may shut off the water
from such building, place or premises,
and shall not be compelled again to sup
ply said building, place or premises with
water until said arrear s, wi th interest
thereon, together with the cost and ex
pense of turning said water off and on,
as fixed by ordinance, shall be fully paid.
Sec. 15. That each such board may
from time to time, for the purpose of fur
nishing a full supply of water to the in
habitants of such city for any and all
purposes, extend the water works system
under its control in such manner as said
board may deem best, subject to all con
ditions herein contained.
That the said board of municipal works
of each sucn city shall establish such
reasonable water rates as will at all
times insure to such city at least a suf
fllcient income to pay all the expenses
and costs of operation, maintenance and
repair of said system and works, and the
interest on outstanding bonds.
Sec. 16. It is hereby declared to be a
misdemeanor, punishable by a fine not ex
ceeding five hundred (500) dollars, or by
imprisonment in the county jail not ex
ceeding one year, or botn, at the discre
tion 01 the court, for said board, or any
of its officers, to knowingly omit the
property of any person irom assessment
ior waier rates, or neglect or refuse to
collect the same, or to give any person
other or -dirferent credit tor the use of
water tnan mat given the whole public,
or those belonging to the same class.
Sec. 17. Kacii such boar a snail, If a
municipal lighting pla nt be in operation in
sucn city, reguiatt) me disu-ioutlon of
lamps on the streets and public grounds
of said city in suca manner as to proper
ly light such streets ana public grouads,
and shall determine the numoer and lo
cation of sucn lamps and provide ior tne
proper operation, care and maintenance
of the same, ana of ail poies, wires, nx
tures and appliances pertaining to the
same, and sha.il nave the lull control and
management 01 such lighting plant, out
no extensions tor street lignuug shall ba
made to the same nor auamoiial lamps
placed except upon an amrmauve vote of
a majority of ail the members of such
ooara.
Sec. 18. That each such board Is hereby,
invested witn iuii power to maite and t-n-
lorce sucn by-iaws, regulations and or
dinances applicable to any or all of the
wonts unuer tneir control as may be
deemed necessary to cany into ettect the
ODjects and intent or tnis act, a,nd not
inconsistent herewith, ana to supply and
uenne a ny power or raoae not aireaay
specially designated herein, but conte m
plated oy this act said board may pre
scribe, as penally ior the violation of any,
ordinance or pare thereof, tne imposition,
upon tne offender of a line not exceeding
one hundred Uooj dollars, or imprison
me nt tor a term not exceeding ninety (DO)
days said board snail cause all sucn by
laws, regulations ana ordinances to be
entered in a DOOK to oe kept tor that pur
pose, and signed by the president and
secretary, wmen, when so entered and
signed, snail be evidence In any court of
tnis state. All sucn regulations and or
dinances shall be published at least once
in tne official newspap er 01 such city.
Sec. 19. iiivery contract for material or
for tne construction ot any part of eny,
of said works under the control of said
board, which shall involve the expendi
ture of a sum of two hundr ed (20u dol
lars or more, shall be in writing and
snail remain on file witn the secretary of
said board. All work shall be let to the
lowest responsible bidder therefor, ex
cept incidental repairs or minor improve
ments, after notice soliciting proposals
for the doing of such work shall have
been published in the official newspap er
of such city, in at least two separate is
sues of the same provided, said boa rd
shall have the right to reject a ny and all
bids, and such right shah be reserved in
each advertisement soliciting bids and
provided further, that in tne event of
any extraordinary or sudden injury to
any of tha said works or a ny part of
such system whereby damage or loss
might ensue by reason of any delay, or
in the event of the lowest bid submitted
being no less than ten (10) er cent
greater than the engineer's estimate
therefor, the said board may cause the
damage to be repaired or tne proposed
improvement to be made without contract
and in such manner as the board may
deem for the best Interests of the city
and provided, further, that in all work o
laying water pipe, said board may require
all joints to be made by persons In the
employ of said board.
Sec. 20. Any person who shall without
authority from said board lay a ny main
or service pipe or take water therefrom,
or open or shut any service cock or fire
hydran t, or remove or unscrew, wholly
or partially, the cap from such Are hy
drant, or enter or form any connection,
with or turn water into any tunnel exca
vated or used by said board for the pur
pose of laying its pipe, or who, being au
thorized by said board to take water
from any main or service pipe into any
specified building or upon any specified
premises, or to oe used for any specified
purpose, shall, without authority from
said board, use such water for a ny other
than such specified purpose or permit any
other person to use the same for any
other than such specified purpose, or to
take the same out of such building and
also such other person so using or taking
such water, or who, without lawful au
thority, shall dig or excavate within ix
(6) feet of any main, pipe, gate, hydrant
or blow-off of said works, shall a
deemed guilty of a misdemeanor, and
shall, upon conviction thereof, be pun
ished by a fine of not mo re than one hun
dred (100) dollars, and not l^ss than
twenty-flve (25) dollars, or by imprison
ment in the county jail for a term of not
more than three (3) months, nor less than
twenty (20) days, or both such fine and
imprisonment.fI.*12.*c,Se
a person or persons shall
maliciously or wilfully divert tne water,
or any portion thereof, from any such
water works, or shall corrupt or render
the same impure, or shall destroy or in
jure any canal, aqueduct, pipe, conduit,
machinery or other proper ty used I re
quired for procuring or distributing such
water In any such city, or shall destroy
or injure any of the machinery, fixtures
or appliances used or required for oper
ating the lighting plant or the sewerage
pumping plant in such city, or do any
act whi ch shall cripple the operation of
any such plant, or reduce its fifllclency,
such person or persons, and their aiders
and abettors, shall forfeit to the said
boa rd of such city, to be recovered in a
civil action, treble the amount of dam
ages (besides cost of suit), which shall
appear on the trial therefor to have been
sustained and all such act3 are hereby
declared to be misdemeanors, and the
parties found guilty thereof may be
further punished by a fine not exceeding
one thousand (1,000) dollars, or by im
prisonment not exceeding one (1) vear,
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