OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 16

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-16/

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which taxes may be In ,if
amount permitted to be levied for other
^c^SW shall be expended
by the county commissioners in the con
struction, improvement, maintenance and
repair of county and town roads and
bridges in the manner hereinafter pro
Sec 4. Said county commissioners may
by resolution designate what work shall
be done by contract and invite bids^there
for, and such work shall be performed
under the supervision of the county sur
veyor and said board provided, that all
roads or bridges work involving the ex
penditure of over two hundred (200) dol
lars shall be let by contract to the lowest
responsible bidder.
Sec. 5. The county commissioners or
such counties shall be allowed and are
hereby authorized to expend of the roaa
and bridge fund a sum not exceeding two
hundred dollars ($200) in any one year
for the payment of team hire and trans
portation of said board, in viewing roads
and bridges.
Sec. 6. The county commissioners or
such counties may expend such sums or
money as they deem advisable in the im
provement, construction or repair of any
road in any city or village in such_ coun
ty where such road intersects with or
forms a continuation of any county road,
provided, that the expenditures for the
purposes mentioned in this section shall
not exceed in any one year a total of
one-fifth of the entire road and bridge
fund raised by taxation for that year.
Sec. 7, All acts or parts of acts incon
sistent herewith are hereby repealed.
Sec. .8 This act shall take effect ana
be in force from and after its passage.
Approved April 17, 1903.
CHAPTER 237.-H. F. NO. 245.
AN ACT to prevent the introduction and
spread of injurious insects and dan
gerous plant diseases in the State or
Minnesota,
PeSece
A *v,
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The entomologist of the state
experiment station is hereby constituted
the state entomologist and charged with
the execution of this act. He may ap
point such qualified assistants as may be
necessary, fix a reasonable compensation
for their labor, and pay the same and
their acts shall have the same validity
as his own he shall, by himself or his
assistants, between the first day of May
and the fifteenth day of September, In
each year, when requested by the owner
or agent, or when he has reasonable
ground to believe that any Injurious in
sect pests or dangerous and contagious
plant disease exist, carefully examine any
nursery, fruit farm or other place where
trees or plants are grown for sale, and
if found apparently free from any in
jurious insect pests or dangerous or con
tagious plant diseases, he shall issue his
certificate stating the facts (good for one
vear unless revoked) and shall collect
therefor a fee of five dollars ($5.00) per
day and expenses.
Se- 2 The state entomologist shall
have" authority, when requested by the
owner or agents, or when he has reason
able grounds to believe any injurious in
sect pests, or dangerous and contagious
plant diseases exist, to enter upon any
of the grounds mentioned in section 1
hereof, public or private, for the purpose
of inspection, and if he finds any nur
sery orchard, garden or othe place, in
fested by any injurious
lns,6Cr
P^ts or
dangerous and contagious plant diseases,
he may, by himself or his assistants, en
ter upon such premises and establish
quarantine regulations. nr
If, in his judgment, any insect pests, or
dangerous and contagious plant diseases,
may be eradicated by treatment, he may.
in writing, order such treatment, and pre
scribe its kind and character. In case
any trees, shrubs or plants are found so
infested that it would be impracticable
to treat them, he may order them burned.
A failure for ten days after the delivery
of such order to the owner or persons In
charge to treat or destroy such infected
trees or plants as ordered, shall author
ize the entomologist to perform this work
by himself or his assistants, and to as
certain the cost thereof. He shall certify
the amount of such cost to the
owner or person in charge of the
premises, and if the same is not paid
to him within sixty days thereafter he
shall certify the amount thereof to the
county attorney, whose duty it shall be to
proceed forthwith to collect the same of
him In a civil suit, and return the amount
so recovered over to the state auditor to
reimburse the state for the money ex-
3. When nursery stock is shipped
into the state accompanied by a certificate
of inspection by a state entomologist from
the state from which the shipment has
been made, stating that the stock has
been Inspected and found to be free from
any injurious insect pests, or dangerous
and contagious plant diseases, it shall be
held prima facie evidence of the tacts
therein stated, but the state entomologist,
bv himself or his assistants, when he or
they have reason to believe that any
such stock is nevertheless Infested by
any injurious insect pests, or dangerous
or contagious diseases, shall be author
ized to inspect the same and submit it
to like treatment as that provided for
in section 2 hereof and if, by reason of
the failure for forty-eight hours of th*
owners of such stock to comply with the
treatment prescribed or to destroy the
stock if so ordered, the state entomolo
gist or his assistants are required to per
form the work themselves, and It shall
be the duty of the entomologist to certify
the amount of the cost thereof to the own
er or the person in charge of such stock
so treated or destroyed, and if the same
Is not paid to him within ten days there
after, he shall certify the amount thereof
to the county attorney of the county in
which the stock may be found In an af
fidavit, and it shall be the duty of the
county attorney to file said affidavit
with the village, city or town
clerk of the village, city or town in
which said stock may be, and the same
shall thereupon constitute a lien thereon,
which it shall be the duty of the county
attorney to proceed to collect forthwith
in a civil suit, and to turn over the
amount recovered by him in such suit
to the state auditor to reimburse the state
for the money expended.
Sec. 4. It shall be unlawful for any per
son, firm or corporation to bring into the
state any trees, plants, vines, cuttings and
buds, commonly known as nursery stock,
unless accompanied by a certificate of in
spection by a state entomologist of the
state from which the shipment is made,
showing that the stock has been inspected
and found apparently free from any in
jurious insect pests, or dangerous and
contagious plant diseases.
Sec. 5. Any person violating or neg
lecting to carry out the* provisions of this
act, or offering any hindrance to the car
rying out of thl3 act, shall be adjudged
guilty of a misdemeanor, and upon con
viction before a Justice of the peace,
shall be fined not less than ten dollars,
nor mors than one hundred dollars for
each and every offense, together with all
the costs of the prosecution, and shall
stand committed until the same are paid.
Sec-fl.All fees or other amounts col
lected or received by any person under
the provisions hereof shall be by him
forthwith turned Into the state treasury
to be paid over to the state auditor, to be
added to the fund provided for combat
ting injurious insects in Minnesota, and
all expenses incurred in enforcing the
provisions hereof shall be paid out of said
fund.
Sec. 7. This act shall take effect and
be in force from and after June 1st, 1903.
Approved April 17, 1903.
CHAPTER 238H. F. NO. 150.
AN ACT relating to the framing of Its
own charter for its government as a
city, by any city incorporated prior to
the adoption of Article IV., Section 86,
Constitution of Minnesota, of any vil
lage desiring to be Incorporated as a
city, and to the amending of any char
ter, already or hereafter adopted by
any city or any village, for its gov
ernment as a city, under the provisions
of Section 36, of Article IV. of the Con
stitution of Minnesota, and of any Stat
utes enacted in pursuance thereof.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. Any city incorporated prior
to the adoption of Article IV., Section
86 Constitution of Minnesota, or any vil
lage desiring to be incorporated as a city,
may frame a charter for its government
as a city, and any such city, or any village,
which has already adopted, or may here
after adopt a charter for its government
as a city, under the provisions of Sec
tion 36 of Article IV. of the Constitution
of the State of Minnesota, and of any
statutes enacted in pursuance thereof,
may amend such charter as In this act
provided.
Sec. 2. The Judge or Judges of the dis
trict court of the judicial district in
which such city or village is situated,
may in bis or their discretion, appoint
a board of fifteen (15) freeholders, when
ever such Judge or Judges shall deem it
for the best interests of such city or
village so to do, or upon the presentation
to him or them of a petition requesting
such action signed by at least ten per
cent of the legal voters of such city or
village, according to the returns of the
next preceding election therein shall ap
point such board.
Sec. 3. The freeholders so appointed,
or any who may be appointed to succeed
them, or either of them, shall be and for
the past five years shall have been quali
fied voters of such city or" village. If a
member shall permanently, remove fQm.
fife &&,..
the corporate limits oft such *lt or vil
lage, he shall cease' to be a member of
said board. The "members of "any such
board, whether the same has been al
ready or may hereafter, be appointed,
shall hold office for a term of four years
from the date of its appointment. In
case a vacancy shall occur in any such
board, whether caused by death, disabil
ity to perform duties, resignation, re
moval from the corporate limits, or ex
piration of term of office, it shall be filled
by appointment in the same manner as
the original board was created. Any per
son appointed to fill a vacancy caused by
the death, disability to perform duties,
resignation or removal from the corpor
ate limits of a previous appointee, shall
hold office until the expiration of the
term of the original appointee to whose
place he is appointed. Persons appointed
to fill vacancies caused by the expiration
of the term of office of previous appoint
ees shall hold office for the term of four
years. The board shall always contain
its full complement of members, and its
members shall received no compensation
for their services.
Any appointment hereafter made to any
such board, shall be made by order, to be
filed with the clerk of the district court
of the county in which suth city orr vil
lage Is situated, and appointees shall
qualify by filing with such clerk a writ
ten acceptance of their several appoint
ments and an oath or affirmation to
faithfully oerfjrm the duties of such of
fice. Any "appointee who shall fail to so
qualify within thirty days after the date
of the filing of the order of his appoint
ment shall be deemed to have declined
such appointment, and the vacancy, so
existing, shall be filled in the same man
ner and with the same effect as though
he had resigned.
It shall be the duty of the Judge or
judges of the district court who appoint
such board, to make such rules in ref
erence to such board, and require such
reports from such board, ap may appear
to be desirable or necessary for effectu
ating the purp ise3 of this act.
Sec. 4. Such board, so appointed, shall
within six (6) months after its appoint
ment, return to the chief magistrate of
such city, or village a draft of the pro
posed charter, signed by the members of
said board, or a majority thereof Such
charter shall be submitted for adoption
to the qualified voters of such city or vil
lage at the next election thereof, and the
lawmaking authorities shall forthwith on
the return of such charter to the chief
magistrate, as aforesaid, make suitable
proviston for such submission. The ques
tion of its adoDtion may be submitted
either at the next general election or at
a special election to be held pricr thereto,
as such lawmaking authorities may de
termine, and whether such election be
general or special, it shall be conducted
in all respects in the manner provided
for such election by the laws of this
state. Said lawmaking authorities are
hereby empowered to call 'a special elec
tion for the purpose of submitting said
charter or it may be submitted at a SDe
cial election called for any other purpose.
Said lawmaking authorities in calling a
special election f-or said purpose are here
by empowered tofixthe date for such
special election coincident with the date
of a general county or other election,
and if this is done, said special election
shall be held at the same voting places
as said general election, and the election
officer3 for said general election shall act
as the election- officers for said special
election. The ballot to be used at such
election shall be prepared as provided bv
the general election laws of the state,
and shall have printed upon it this ques
tion, "Shall the proposed new charter of
the city (or village) of bo
ratified? Following and to the right of
such question shall be printed or written
the words, Yes. No. The voter shall in
dicate his choice by an "X" marked to
the right of the "Yes" or "No." accord
ing as he is in favor of the ratification of
such charter or opposed thereto.
Sec. 5. If four-sevenths (4-7) of the
qualified voters, voting at any such elec
tion, shall ratify the charter so drafted,
returned and submitted, it shall, at the
end of thirty days thereafter, become
the charter of such city, or village as a
city, provided that in cities having patrol
limits now established, such charter shall
require a three-fourths (3-4) majority of
the qualified voters voting at such elec
tion to change the patrol limits now es
tablished.
Save as herein otherwise specified, on
so becoming the charter, It shall super
sede any existing charter and amend
ments thereof.
Such charter or amendments in super
seding any previous charter and amend
ments thereof, or any general law. shall
not affect any right, lien or liabilitv ac
crued, established or subsisting previous
to the time when such charter or amend
ments take effect, nor affect any action
or proceeding pending when such right,
lien or liability shall be in force, and
such action or proceeding shall be car
ried on in all respects as if such charter
or amendments had not taken effect, nor
shall any charter, or amendments, be in
anywise construed as to affect any right
or liability acquired or accrued under
the previous charter and amendments or
general laws superseded thereby on the
part of any city or any person or body
corporate.
All ordinances, resolutions and regu
lations in force at the time such charter
or amendments take effect, and not in
consistent with the provisions thereof,
shall remain and be in force until altered
modified or repealed by the law-making
authorities of such cities.
All rights of action, penalties and
forfeitures accrued to such city or vil
lage before such charter or amendments
take effect, shall remain unaffected
thereby, and may be prosecuted, recover
ed and received as fjully in every respect
as though such charter or amendments
had not taken effect.
Any Hen on real property existing in
the State of Minnesota or such city or
village, at or before the taking effect
of such charter, or amendments thereto,
for taxes, or special assessment levied
by such city or village, and all right,
title or estate acquired by or vested in
the State of Minnesota, or any such city
or village, by reason of the forfeiture or
sale to the state, city, or village, of any
tract of land, town .city or village lota
offered in a public sale for taxes or
special assessment levied by such city
or village, interest "and costs due thereon,
and not sold to others, for want of bid
ders are hereby assigned and transferred
to and continued in,such city or village,
and all lands, town city or village lots
forfeited or sold to the state, or such city
or village, shall, from the taking effect
of such charter or amendments thereof
be deemed and taken to be forfeited and
sold to the state, or such city or village,
as the case may be. In all cases where
certificates of purchase have at the tlnie
such charter or amendments thereof,
take effect, been made out in the name
of purchasers at any sale for such
delinquent taxes or special assessment,
the right to redeem any such sale shall
not be Impaired by anything in this act
or any such charter or amendments
thereof contained.
Any existing special law. applicable to
such city or village, in whole or in part,
may be excepted from repeal or modifi
cation by provision to that effect in said
charter, and if so excepted and recited
therein as continuing in force, shall be
unaffected by the adoption of SUCH char
ter. No local charter, provision or or
dinance passed thereunder, shall super
sede anv general law of the state defin
ing or punishing crimes or misdemeanors.
Sec. 6. Such charter, so adopted, may
be amended by a proposal therefor made
by said board and accepted by the quali
fied voters of such city or village, in
the manner herein provided. Or upon
the application of five (5) per cent of
the legal voters of any such city or vil
lage Dy written petition addressed' to
and'filed with such board of flfteeri (15)
freeholders, such board shall submit to
the wte of the people any amendments
to such charter endorsed by such appli
cation and petition.
Any such proposed amendment,
whether the proposal therefor is made
by the board itself or on application and
petition, as aforesaid, shall, when
drafted, be returned by said board to
the chief magistrate of such city or vil
lage, within thirty days, signed by the
members of said board, or a majority
thereof, and the law-making authorities
of such city or village shall forthwith,
on the return of such proposed amend
ment to the chief magistrate, as afore
said, make suitable provision for sub
mitting to the qualified voters of such
citv or village the question of the adop
tion of such amendment at the next elec
tion. Such question may be submitted
either at the next general election or at
a special election to be held prior there
to, and whether such election be general
or special, it sball.be conducted in all re
spects In the manner provided for gen
eral or special elections by the general
laws of this state. Said law-making au
thorities are hereby empowered to: call a
special election for the, purpose of sub*
mittlng such amendment or amendments,
or they may be. submitted at a special
election called for any other purpose.
Said law-making authorities in calling a
special election for said purpose are
hereby empowered tofixthe date for
said special election coincident with the
date of a general county or other elec
tion, and If this is done, said special
election shall be held at the same voting
places as said general election, and tho
election officers for said general election
shall act as the election officers for said
special election. .The proposal for any
such amendment shall be published for
at least thirty (30) days prior to such
election in three (3) newspapers of gen-
The form of ballot to be used in submit
ting any such amendment or amend
ments shall be prepared as provided by
the general election laws of this state,
and the general nature of any such pro
posed amendment, or amendments, shall
be briefly indicated thereon. When only
one amendment is to be submitted, the
ballot shall have printed on it this ques
tion: "Shall the proposed amendment to
the charter of the city of be
ratified?" When more than one amend
ment is to be submitted, such amend
ments shall be numbered separately and
the ballot shall have printed upon it, as
to each amendment: "Shall the proposed
amendment to the charter of the city of
numbered be rati-
fied?" Following and to the right of anv
such question shall be printed the words
Yes, No, t,he one under the other. The
voter shall indicate his choice by an "X"
marked to the right of the "Yes" or nf
the "No," according as he Is in favor of
or opposed to the ratification of any pro
posed amendment. If any such proposed
amendment is accepted- by three-fifths
(3-5) of the qualified voters of such city
or village voting at the election, whether
general or special, next following the
return thereof to the chief magistrate,
it shall become a part of such charter at
the end of thirty (30) days after the elec
tion at which the same was accepted
and ratified, unless the proposed amend
ment otherwise provides, in which
event it shall take effect and be
in force only from the date pro
vided for in such proposed amendment,
Any and all amendments to any such
charter which have heretofore been adopt
ed shall, within ninety (90) days from
and after the passage of this act, be duly
certified, authenticated, recorded and filed
in the same manner as herein provided
for certifying, authenticating, recording
and filing amendments hereafter made,
ratified and accepted and when so cer
tified, authenticated, recorded and filed
(and not otherwise) the same shall be re
ceived in evidence by any court of this
state.
Sec. 7. In submitting any such charter
or amendment thereto to the qualified
voters of such city or village, any alter
nate (alternative) section or article may
be presented for the choice of the voters,
and may be voted on separately without
prejudice to other articles or sections of
the charter, or any amendments thereto.
Sec. 8. Duplicate certificates shall be
made setting forth the charter and ratifi
cation thereof, or in case of an amend
ment or amendments of any such charter
proposed and ratified, as herein provided,
a certificate in duplicate wherein shall be
set forth every such amendment so pro
posed and ratified and a recital of the
ratification of such amendment shall be
made. Said certificates in all cases shall
be signed by the chief magistrate of such
city or village, and authenticated by its
corporate seal. Within ten days after
their execution, one of such certificates
shall be deposited in the office of the
secretary of state and the other, after
being recorded in the office of the register
of deeds of the county in which such city
or village is situated, shall be deposited
in the office of the city or village clerk
or the corresponding official of such city
or village, and all courts shall take Ju
dicial notice thereof.
Sec. 9. Such charter and its amend
ments shall always be in harmony with
and subject to the constitution and laws
of the State of Minnesota. It shall b
a feature of all such charters that there
shall be provision made among other
things, for a mayor or chief magistrate
and a legislative Btady of either one or
two houses, and if of two houses, at least
one
off
them shall elected
vote
election in tnre newspapers i gen u* **"'"'*"P ,V* rianta. rnmad main, or-
eraj circulation in such. city. oruxiftaftejLOT^eiJJRec of ucfi plants, ownoa maux-
bytogeneral the electorse Subjec these
limitations and the limitations otherwise
prescribed by this act, such charter and
its amendments may provide for any form
and scheme of municipal government,
and may embrace provisions for the regu
lation, management, administration and
control of all departments of the city
government and of all local municipal
governmental functions, as fully and
comprehensively as could the Statutes of
the State of Minnesota had section 33
of Article IV. of the constitution not been
adopted. But it shall be lawful for such
board in framing any such charter or
amendment, to omit therefrom provisions
in reference to any department which,
prior to the framing thereof, is admin
istered under any existing special or gen
eral law of this state, and in such event,
such department shall continue to be
so administered notwithstanding the
adoption of such charter. For the eco
nomical and proper operation of the gov
ernment created by such charts-, or its
amendments, provision may be made
therein for methods of procedure and the
performance of duties by the courts of
the district and officers of the county, in
which such city or village is situated, not
inconsistent with the provisions of the
constitution and statutes of this state,
and such courts and officers shall per
form the duties so prescribed in this con
nection.
It shall also be lawful for any such
city to make provisions in its charter or
by amendments thereof for the acquisi
tion and holding by gift, devise, purchase,
or by the exercise of the power of emi
nent dbmain through condemnation pro
ceedings of property, for public use,
either within the corporate bound
aries of such city or outside of
such corporate boundaries, for pub
lic parks, public libraries, cemeteries,
penal Institutions, hospitals, rights of
way for sewers, for uses connected with
water supply, for the convenient dis
charge of any governmental or business
function which said city is capable of
exercising, or for any other public pur
pose, and to provide for managing, con
trolling and policing the same.
It shall not be lawful for any such
city or village in such charter, or by
amendment thereof, to curtail or add to
Its territorial limits, except as herein
otherwise provided.
It shall be lawful for any such city or
village, in such charter or by amend
ment thereof, to provide for regulating
and controlling the exercise by any per
son or corporation of any public franchise
or privilege, in any of the streets or
public places In such city, whether such
franchises or privileges have been grant
ed by said city or said village, or by or
under the State of Minnesota, or any
other authority, to the same extent, and
in the same manner as might the legis
lature of said state, but no perpetual
franchise or privilege shall ever be grant
ed, nor shall any exclusive franchise or
privilege be granted or extended unless
the question of granting or extending the
same shall have been first submitted to
the qualified voters of said city,' and
adopted by a majority voting at such
election on the question. In no case
shall any franchise or privilege be grant
ed or extended for a longer period than
twenty-five years.
It shall not be lawful for any such
charter or amendments thereof to permit
or provide for the issuance of any bonds
by anv such city, If, by such issue, the
aggregate outstanding bonded Indebted
ness of such city shall be made to ex
ceed ten (10) per cent of the assessed
valuation of the taxable property of such
city according to the last then Preceding
assessment for the purpose of taxation,
and if any city has over fifty thousand
tahabitants at the time of the adoption of
aiip charter, or had over fifty thousand
fnhSbftants atthe time of the adoption
of any such charter already framed and
adopted, it shall not be lawful for such
Charter or any amendments thereof to
permit or provide for the Issuance of any
blS by such city, except bonds issued
for the purpose of funding outstanding
and maturing bonds, if by such issue, the
aggregate outstanding bonded indebted
nils thereof shall be made to exceed five
(3) per cent of such assessed valuation.
Unless It is also provided in such charter
or amendments that before any bonds in
excess of such five (5) per^cent limit are
issued, the proposition of making any
proposed issue shall be first submitted to
the legal voters of such city at a general
or special election, and approved by at
least a majority of such voters voting on
such proposition at such election. But lr
such charter or amendments thereto shall
so nrovide, certificates of indebtedness or
bonds issued by any such city or village
prior to the adoption of any such charter,
(a) for tho creation or maintenance of a
permanent Improvement revolving fund,
or (b) for the purpose of anticipating the
collection of general taxes for the year
in which they may be issued, or (c) for
the purpose of purchasing, constructing,
regulating, maintaining, extending, en
larging or improving water and lighting
plants, or either of such plants, owned,
maintained and operated by such city or
village, or for the purpose of acquiring
any real or other property needed in con
nection with any such plant or plants (d)
or bonds or securities in any sinking fund
maintained by such city or village, shall
not be counted as part of the oustanding
bonded indebtedness of such city or vil
lage for the ourpose of determining its
authority to "issue further bonds tinder
the limitations herein prescribed. And it
shall be lawful for any such charter or
Its amendments to orovlde that after the
adoption of any such charter by any such
City or village, any such city may .Issue
certificates of indebtedness or bonds up
to any limit such charter or its amend
iients may prescribe, and without hav
ing the proposition of their issue ap
proved by the legal voters of such city, if
euch certificates of Indebtedness or bonds
are for any of the following purposes, to
wit* (1) for the creation or maintenance
of a permanent improvement revolving
fund or (2) for the purpose of anticipat
ing the collection of general taxes for the
year in which they may be issued, or (3)
for the purpose of extending, enlarging
or improving water and lighting plants,
"''"F^'-iS'ir*^ '"a^ '-"*2*jf*l
tained or operated by such city,, or for
the purpose of acquiring any real or oth
er property needed in connection with
such extending, enlarging or improving
puch plants, or either of them, or (4) for
the purpose of paying the lawful floating
indebtedness of "any such city or village,
which floating indebtedness is existing
prior to the adoption of such charter, and
is not' already, funded into bonds.
Sec. 10. In case of the rejection of a
charter proposed by such board, said
board may probose a new charter, in the
same manner as is above provided, for
the submisslon-of the first charter adopt
ed by said board, and such charter so
proposed shall be voted on in like manner
and with the same effect as is above pro
vided in the case of said first charter,
and if adopted may be amended in like
manner.
Sec. 11. In all cases, where a board has
heretofore been appointed under the pro
visions of section 36 of Article iv. of the
Constitution of the State of Minnesota,
and of chapter 351, General Laws Minne
sota 1899, passed in pursuance thereof,
to frame a charter for any city or vil
lage, nothing in this act contained shall
be construed as abridging or extending
the term of office of the members of said
board, but they shall continue in office
for the period of their original appoint
ment. Nor shall anything in this act con
tained be construed as amending or
changing any charter already adopted by
any city, or as affecting the right of any
city to continue to be governed by any
charter already adopted, but all the pro
visions of this act shall govern, limit
and apply to any proceedings hereafter
taken fn reference to any .charter or
amendments thereto framed or proposed
to be framed or proposed by any such
board heretofore appointed, or its suc
cessors, and shall govern, limit and ap
ply to any such charter or amendments
thereto hereafter framed or proposed by
such board or its successors.
Sec. 12. All acts and parts of acts in
consistent with this act are hereby re
pealed, save that chapter 129, General
Laws Minnesota 1901, is not repealed, or
modified hereby.
Sec. 13. This act shall take effect and
be in force from and after its passage.
Approved April 17, 1903.
CHAPTER 239H. F. NO. 73.
AN ACT to amend sectionfifty-seven(57)
of chapter one hundred and seventy-flve
(175) of the General Laws of 1895, as
amended by chapter one hundred and
forty-five (145) of the General Laws of
1901, relating to the giving.of surety
bonds by" certain officers.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That sectionfifty-seven(57)e
of chapter one hundred' and seventy-five
(175) of the General Laws of 1895, as
amended by chapter one hundred, and
forty-five (145) of the Genera,! Laws of
1901, be and the same is hereby amended
so as to read as follows:
"Section 57. Any receiver^ assignee,
trustee, committee, guardian, executor or
administrator, or other fiduciary required
by law to give bonds as such, may in
clude as a part of his lawful expenses
such reasonable sum paid such company
for such suretyship, not exceeding ten
dollars ($10) per annum when tho amount
of said bond does not exceed one thou
sand dollars ($1,000), and not exceeding
one-half of 1 per centum per annum for
the amount of,said bonds when the same
exceed one thousand dollars ($1,000), as
the head of the department, court, Judge
or officer by whom, or the court or body
by which he is appointed, allows and in
all actions or proceedings the party en
titled, to recover costs may include there
in such reasonable sum as may have been
paid such company for executing or
guaranteeing any bond, or undertaking
therein and the treasurer of the State
of Minnesota shall be allowed such rea
sonable sum paid any such company for
such suretyship, not exceeding the rate
herein above specified, to be paid out of
the revenue funds of the state and the
boards of county commissioners of the
several counties, and the common coun
cil or other governing body of any city,
or of any village council or other govern
ing body of any village, the town board
or other governing body of any town,
and the board of trustees or other gov
erning body of any school district of this
state may allow the county, city, village,
town, or school treasurer of their re
spective counties, cities, villages, towns
or school districts such reasonable sum
paid any such company for such surety
ship, not exceeding the rate herein above
specified, to be paid out of the county
revenue fund or general revenue fund of
such city, village, town, or school dis
trict and the* o'fflcers' required by law
to approve the bill for the same shall
be permitted to designate the surety com
pany that shall execute such bond or
bonds. "Provided, that the surety coiri
pariy-Tbr companies- designated are the
lowest responsible bidders. 'The provi
sions of this section shall. apply to the
payment of the expanses for bonds.of all
of the officers herein named whose term
of office begins on and after June. 1,
1900 excepting village, town" or school
treasurers arid as to such village, town or
school treasurers, the.provisions of this
section shall apply to all whose terms of
office begin on and after March 1, 1903."
Sec. 2. All acts and parts of acts in
consistent herewith are hereby repealed.
Sec. 3. This*-.act shall take effect and
be in force from arid after its passage.
Approved April 17,.1903.'
CHAPTER 240H. F. NO. 614.
AN ACT to amend section twelve (12) of
chapter three hundred and forty-nine
(349) of the General Laws of eighteen
hundred and ninety-nine (1899) as
amended by chapter two hundred and
sixteen (216). of the General Laws of
nineteen hundred and one (1901), an act
relating to primary ^elections.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section twelve (12) of
chapter three hundred and forty-nine
(349) of the General Laws of one thou
sand eight hundred and ninety-nine
(1899) as amended by chapter two hun
dred and sixteen (216) of the General
Laws of one thousand nine hundred arid
one (1901), be amended so as to read as
follows:
Section 12. The provisions of sections
sixteen (16), seventeen (17) and eighteen
(18) of said general election law relating
to liquor and saloons shall apply in like
manner to the primary election day, un
der this act. during all the time that the
polls are required to be open, and the
said sections are hereby adopted as a
part of this act, and the mayor shall
make proclamation as to said primary
election day in accordance therewith.
Sec. 2. This act shall take effect and be
in force from and after its passage.
Approved April 17. 1908.
CHAPTER 241.H. F. NO. 897.
AN ACT permitting all ex-union soldiers
and sailors, honorably discharged from
the military or marine service of the
United States, the right to vend, hawk
and peddle goods, wares, fruits or
merchandise not prohibited by law, in
any county, town, village, Incorporated
city or municipality in the State of
Minnesota.
Be it enacted by the legislature of the
State of Minnesota.
Section 1. That all ex-union soldiers
and sailors, honorably discharged from
the military or marine service of the
United States, shall be permitted to
vend, hawk and peddle goods, wares,
fruits or merchandise not prohibited by
law, in any county, town, village, In
corporated city or municipality within
this state without a license: Provided,
said soldier or sailor is engaged in the
vending, hawking and peddling of said
goods, wares, fruits or merchandise for
himself only.
Sec. 2. Upon the presentation of his
certificate of discharge to the clerk o/
any county, town, village, incorporated
city or municipality in this state, and
showing proofs of his identity as the per
son named In his certificate of honorable
discharge, the clerk shall issue to said
ex-union soldier or sailor a license.. but
such license shall be free, and said clerk
shall not collect or demand for the
county, town, village, incorporated city
or municipality any fee therefor. Any
clerk of any county, town, village, incor
porated city or municipality in this state
who shall violate any of the foregoing
provisions of this act, by failing or re
fusing to comply with such provisions, as
herein directed, shall be fined in a sum
not less than ten dollars ($10) nor
more than fifty dollars ($50), to which
may be added imprisonment in the
county jail not exceeding ten days.
Sec 3. This act shall take effect and
be in force from and after its passage..
Approved April 17, 1903.
CHAPTER 242-H.F. NO..377.
AN ACT to amend section one thousand
^fght hundred and thirty-two (1832) of
the Statutes pf Minnesota for eighteen
hundred and ninety-four (1894), as
amended by the I^ws^ofeighteen hun
dred and ninety-nine (1899), relating to
laying but public roads and cartways.
Be it Enacted by the legislature of the
State of Minnesota:^.
Section 1. That section one thousand
eight hundred and thirty-two (1832) of
th statutes of Minnesota of eighteen
Sndfed nfnety-four (iaM). be^ and
the same is hereby **F^J?t*
the following proviso at the endtbereof:
^o^del tnat" when the supervisors of
any tovro shall lay out a public road or
Cartway that shall not be a continuous
Sad^exten^ng from one highway to an
other the coif of surveying and locating
su5n cartwa^ shaU be paid by the town
aTprc^lded by law for^ laying out public
&STA on^hajf of th tomages( to
ggffS^^ffie
'4."* J^
'*i(s$~'.
GENERAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OF 19Q3 V*3tfS flte^.,-
the person or persons benefited thereby.
Sec. 2. All acts and parts of acts in
consistent berewith are hereby repealed,
Sec. 3. This act shall take effect and.
be in 'force from and after its passage.
Approved April 17, 1903.
CHAPTER 243H. F. NO. 576.
AN ACT to amend sections one (1) and
two (2) of chapter three hundred and
three (303) General Laws of Minnesota
of nineteen hundred and one (1901). en
titled, "An act. to authorize the appoint
ment of a board of park'commissioners
in all cities In this state having a popu
lation of ten thousand or less and de
lining the duties Of such board."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section one (1) of chap
ter three hunared three (303) of Gen
eral Laws of Minnesota for 1901, be and
the same is hereby amended so as to read
as follows:
Section 1. The city council of all cities
of this state having a population of ten
thousand (10,000) or less shall have au
thority to provide for a. board of park
commissioners, which board shall consist
of as many members as there are wards
in said city, and one member at large,
said members to be appointed by the city
mayor and confirmed by the city council
thereof, who shall be appointed in such
city and who shall hold their office for
the term of two years, except that at
the first appointment after such board is
authorized, one of the members thereof
shall be appointed for the term of one
year. Any vacancy occurring in said
board of park commissioners by death,
resignation or otherwise, shall be filled
by appointment by the city mayor and
confirmed by the city council for the un
expired term provided, that the provis
ions of this act shall not apply to any
city having a home rule charter, which
said charter provides for a park board
or board of park commissioners or a park
commissioner.
Sec. 2. That section two (2) of chapter
three hundred three (303) of General
Laws of Minnesota for 1901, be and the
same is hereby amended so as to read as
follows:
Sec. 2. Such board of park commission
ers shall have the charge, management,
care and control of all public parks in
said city, and shall perform such duties
in relation thereto as the city council
of said city may from time to time pre
scribe. All expenditures incurred by said
board of park commissioners shall be
audited and paid by the city council as
other claims against said city, are paid.
Provided said expeditures shall not In any
one year exceed a sum equal to a tax of
of 1 mill on the assessed valuation
th property of said city.
Sec 3. This act shall take effect and
be in force from and after its passage.
Approved April 17, 1903.
CHAPTER 244-H. F. NO. 740.
AN ACT to provide for the re-insurance
of the business of any mutual Insurance
company formed and incorporated under
the laws of this state, to insure against
loss or damage to property by hail, tor
nadoes, cyclones and hurricanes, and
the consolidation of any such company
with any stock company organized un
der the laws of this state to insure
against loss or damage by fire, light
ning hail and tempest on land.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Any corporation or associa
tion organized under the laws of this
state for the purpose of insuring against
loss or damage by hail, tornadoes, cy
clones and hurricanes on land upon the
mutual plan, may at any time re-insure
its business in and consolidate with any
stock company duly organized under the
laws of this state for the purpose of in
suring against loss or damage by fire,
lightning, hail or tempest on land
To so re-insure its business and con
solidate it shall be necessary.
(1.) That a resolution be passed by a
two-thirds vote of the members repre
sented, present and voting at any regular
meeting, or at a special meeting called
for that purpose, which resolution shall
recite with what company or corporation
It is proposed to re-insure, its business
and to consolidate, and the terms arm
conditions" thereof. Thirty days', notice
either printed or written shall be pre
viously given to each triember of the time
and place when such meeting is to be
held reciting the purpose thereof, the
mailing o'f such notice to the last known
address of the member shall be deemed
sufficient notice of such meeting.
(2.) That a declaration be signed and
acknowledged by two of the .officers, and
a majority' of the directors .-reciting the
passage and approval of such, resolution,
which resolution or. a certified copy there
of shall be filed with and approved by
th(e insurance commissioner before sucn
reinsurance and consolidation shall be
come effective. ._^
Sec-2. When such resolution shall have
been' passed and approved as-provided
In section-1 of this afct and, shall have
been filed with and approved by the in
surance commissioner it shall be lawful
for any such mutual company or cor
poration' to reinsure its business and con
solidate with such stock company so
designated and such stock joompany shall
thereupon become liable for ajl of the
contracts and obligations of such mutual
company, and shall become possessed of
and vested with all of the property and
assets of such mutual company so rein
suring and consolidating. Provided, that
the property and assets of such mutual
company shall be kept intact to be used
for the protection of the members and
policy holders of such companjr until all
of its contracts and obligations have been
fully discharged. --n*
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved April 17, 1903.
CHAPTER 245-H. P. NO. 300.
AN ACT entitled an act to amend sec
tion^ 25 of chapter 175 of the General
Laws of 1895, entitled an act to revise
and codify the insurance laws of the
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section 25 of chapter
175 of the General Laws of the state for
the year 1895 be and the same Is hereby
amended so as to read as follows:
No fire orfireand marine insuranceforthwith
company shall make any conditions or
stipulations In its Insurance contracts
concerning the court of Jurisdiction
wherein any suit thereon may be brought,
nor shall limit the time within which
such suit may be commenced to less
than two years from the time the loss
occurred.
Any provisions, contract or stipulation
contained in any.contract or policy of in
surance issued or made by any fire insur
ance company, association, syndicate or
corporation, insuring any property within
this state, whereby it is provided or stip
ulated that the assured shall take out
and maintain a larger amount of insur
ance upon the property than the amount
expressed in such policy, or that the in
sured shall be an insurer of the property
insured to any amount or extent, and
any provision or stipulation in any such
contract or policy to the effect that the
Insured shall bear any portion of the
loss on the property Insured, are hereby
declared to be null and void and the lia
bility of the company, syndicate, associa
tion or corporation Issuing the policy
shall be the same as if no such agree
ment, stipulation or contract were con
tained in such policy nor shall any such
Insurance company Insert any condition,
stipulation or agreement in any policy of
Insurance requiring a certificate from any
notary public, justice of the peace or oth
er magistrate or person, as to anything
whatever connected with such insurance
or loss, and any such condition or stipula
tion shall be void. Any person, company or
association hereafter Insuring any build
ing or structure against loss or damage
by fire, lightning or other hazard by a
renewal of a policy heretofore issued or
otherwise, shall cause such building or
structure to be examined by the Insurer
or his agents, and a full description
thereof to be made, and the^ insurable
value thereof to be fixed by the insurer
or his agent, and the amount of which
shall be stated In the policy of insurance.
In the absence of any change Increasing
the risk, without the consent of the in
surer and in the absence of intentional
fraud on the part of the insured, in case
of total loss the whole amount men
tioned in the policy or renewal upon
which the insurer receives, a premium
shall be paid and in case of a partial
loss the full amount of the partial loss
shall be paid, and in case there are two
or more policies upon the property, each
policy shall contribute to the payment
of the whole or the partial loss in pro
portion to the amount of Insurance men
tioned in each policy, but in no case shall
the insurer be required to pay more than
the-amount mentioned in the policy pro
vided that, in the absence of fraud, the
burden of proof to show an Increase of
risk by reason of any change in the own
ership or condition of the structure or
building upon which insurance is ef
fected, either before or after loss arises,
shall be upon the insurer anything in
the application or the policy of insurance
Uf thT contrary notwithstanding pro
vided,' however, that it shall be lawful
for such insurance companies, at the
written request of the insured only, to
issue, and it may be optional with the
assured to accept a policy or contract of
insurance containing a co-insurance
clause or provision whenever a reduc
tion in the rate for insurance on the
property described in such policy is the
consideration named for the taking of
such co-insurance, and when so requested
In- writing, of which fact such writing
shall betoeonly evidence and so accept
ed, the said co-insurance clause or pro-
Defective Page
and, on the company issuingsuch policy.
provided, further, that the clause Tiereln
relating to co-insurance shall in no case
apply to dwellings or to farm property,
nor shall said clause apply to any risK
wherein the. total insurance shall be less
than twenty-five thousand dollars on any
one risk. Except grain elevators ana
warehouses and contents of same, and
any person who solicits Insurance ana
Erocures
the application therefor, shall
held to be the agent of the party
thereafter issuing the policy upon such
application, or a renewal thereof, any
thing In the application or policy to the
contrary notwithstanding.
Sec. 2. This act shall take effect and
be in force from and after its passage
Approved April 17, 1903.
CHAPTER 246-H. F. NO. 361.
AN ACT to amend section 1537 of the
General Statutes of 1894, relating to
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section 1537 of the
General Statutes of 1894 be and the same
Is hereby amended so as to read as fol
lows:
Section 1537. The county auditor shall
annually provide the neecssary assess
ment books and blanks, at the expense of
the county, for and to correspond with
each assessment district. He shall make
out, In the real property assessment
book, complete lists of all lands or lots
subject to taxation, showing the names
of the owners, if to him known, and, if
unknown, so stated opposite each tract
or lot, the number of acres and the lots
or parts of lots or blocks included In
each description of property. The list of
real property becoming subject to assess
ment and taxation every odd-numbered
year may be appended to the personal
property assessment book. There shall be
appended to each personal property as
sessment book a list of all mortgages, or
other real estate securities, held, owned
or controlled by the residents of the town
or district, showing the names of the
owners or agents alphabetically arranged,
and the amount due on each separate In
strument. It is hereby made the duty of
the register of deeds to make out such
lists according to the records of his of
fice, and deliver them to the county au
ditor on or before the last Thursday of
April In each year- The expenses of such
lists shall be paid by the county, on al
lowance by the county commissioners.
The assessment books and blanks shall
be In readiness for delivery to the asses
sors on the last Thursday of April in
each year, and the assessors shall meet
on that day, at the office of the county
auditor, for the purpose of receiving
such books and blanks, and for confer
ence with the auditor in reference to the
performance of their duties.
Sec. 2. This act shall take effect and
be in force from and after Jan, 1, 1904.
Approved April 17, 1903.
CHAPTER 247H. F. NO. 899.
AN ACT to provide for the care and
control of the court house and city hall
building erected pursuant to chapter
395 of the Special Laws of 1887.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That from and after the
first Monday in January, 1904, all of the
completed portions of the Hennepin coun
ty and Minneapolis court house and city
hall building, erected pursuant to chapter
395 of the Special Laws of 1887, shall be
under the exclusive care of a commis
sion of four members, styled "The Mu
nicipal Building Commission," which shall
be constituted as follows: The chair
man of the board of county commission
ers of Hennepin county, the mayor of
the city of Minneapolis, the auditor of
Hennepin county and the treasurer of the
city of Minneapolis. The chairman of the
board of county commissioners of Henne
pin county shall be president of said
commission, and the mayor of the city
of Minneapolis, vice president thereof.
The auditor of Hennepin county shall
be the' secretary of said commission and
as such shall keep the records and ac
counts thereof. The treasurer of the city
of Minneapolis shall be the treasurer of
such commission and as such shall, keep
a correct account of Its receipts and ex
penditures.
Sec. 2. The commission hereby created
shall have the entire care of all the com
pleted portions of said court house and
city hall building by whomsoever occu
pied. It shall have power to assign un
assigned rooms in any part of said build
ing, with entire control of any room or
rooms in Said building not permanently
assigned to any official use, and of all
halls and corridors and of all boiler and
machinery rooms. It shall also have the
care and control of all engines, boilers,
machinery, elevators and all mechanical
and electric appliances of every nature
in said building. It shall cause all of the
occupied portions of said building to be
properly heated, lighted, cleaned and kept
In repair for public use, with full author
ity to appoint any and all employes neces
sary to properly perform the duties here
by devolved upon such commission, with
authority tofixthe compensation of such
employes and to remove any thereof at
pleasure.
Nothing herein contained shall be con
strued to Interfere in any manner with
the powers and duties of the court house
and city hall commission engaged in com
pleting and furnishing said building.
Sec. 3. Said commission shall at the
beginning of each calendar month render
a detailed statement to the county a udi
tor of Hennepin county and to the city
controller of the city of Minneapolis, re
spectively, of all its expenses necessarily
Incurred for the purposes contemplated
by this act during the last preceding
month in or with reference to portions
of said building used or occupied by the
county and by the city, respectively, in
cluding the proper portions of all ex
pensss rendered for the common benefit
of the county and city and properly
chargeable to each of such municipali
ties whereupon it shall become the duty
of the proper officers of said county and
of said city to forthwith draw warrants
upon their respective treasurers, each for
the amount of the account rendered
against it by said commission, and it
shall be the duty of the treasurer of
said municipal building commission to
pay to the parties properly
entitled thereto the several amounts speci
fied in said accounts rendered.
Sec. 4. From and after the first Mon
day In January, 1904, neither the board
of county commissioners of Hennepin
county, nor the city council of the city
of Minneapolis shall have anything to do
with the care of anv portion of the court
house and city hall building, nor shall
they have anything to do with the con
trol of any portions of said building not
specifically assigned for official use.
Sec. 5. It shall be the duty of the
municipal building commission to prepare
a detailed statement of the estimated ex
penditures of such comriilssion for the
then ensuing year and transmit the same
to the board of county commissioners of
Hennepin county on or before the first
day of Julv in each year. Said estimate
shall specify what proportion of the total
expenditures of said commission shall be
borne by the county and city, respec
tively, and it shall be the duty of the
county commissioners to levy a tax at its
proper meeting sufficient to meet the coun
ty share of such expenditures. A like es
timate shall be transmitted to the city
council of the city of Minneapolis on or
before the first day of July in each year,
and It shall be the duty of the city coun
cil to fevy a tax at its proper meet
ing sufficient to meet the city's portion of
such expenditures.
Sec. 6. This act shall take effect and
be in force from and after its passage.
Approved April 18, 1903.
CHAPTER 248.H. F. NO. 812.
AN ACT providing for additional com
pensation to certain clerks of the dis
trict court In this state.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. In all counties in this state
in which the fees or compensation of
clerk of district court of said county does
not exceed the sum of one thousand dol
lars ($1,000), the county commissioners
shall, when appointed by the judge of the
district court, provide that there shall
be paid out of the county rev
enue fund of said county to
said clerk a sum equal to the difference
between the amount of fees so received
by him during the preceding year and
that said sum of one thousand dollars
($1,000), and upon the adoption of such
resolution the county auditor of such
county shall draw his warrant In favor
of said clerk of said district court upon
the county treasurer of such county for
such sum of money so found to be due
under the provisions of this bill.
Sec. 2. Any clerk of the district court
in any county in this state entitled to
compensation under this bill, shall on or
before the first day of the regular Jan
uary meeting of the board of county com
missioners of such county file with_the
County auditor ol such ^county a
statement, under oath, of all fees
received by him as such clerk
during the preceding year and of the com
pensation or sums of money received
by him by virtue of his office, whether
such compensation shall be for official
work which, as such clerk, he Is. under
the laws of this state, compelled to per
form or- for any other work which he
may "in any way be authorized to perform
bv virtue of such office during suoh year,
and no action shall be taken under the
provisions^f.tota WU^by said^board of
fcifeS
ment. so verified, be flled with suoh au
Sec. 8. This act shall take effect and b#
in force from and after its passage.
Approved April 18. 1903
CHAPTER 249H. F. NO. 702.
AN ACT to provide for the gathering*
and compilation of official information^
and material necessary to the prepara-i
tlon of the history of. the Minnesota
volunteers in the Spanish war.
Be it enacted by the legislature of tha
State of Minnesota:
Section 1. That the adjutant general.,
together with the colonels or senior flela
officers of the Twelfth, Thirteenth,' Four
teenth and Fifteenth regiments of infan
try, Minnesota volunteers, respectively,
who (except the adjutant general) hel
the positions above named when mustered!
in the service of the United States for
war with Spain, and who are now resl-.
dents of the State otf Minnesota,' shall
constitute a board of five commissioners
under this act, and shall meet and or
ganize as such, at the call of the adjutant
general, as soon as practicable after thaf
passage of this act.
Sec. 2. Said board shall gather, com-i
pile and edit the information and .mate-,
rial necessary for the preparation of ar*
official historical narrative of the' sery-'
ices of each of said regiments while in
the service of the United States during
the war with Spain tand
Sec. 5. This act shall take effect and bi
in force from and after its passage.
Approved April 18, 1903.
CHAPTER 250.H. F. NO. 488. i
AN ACT authorizing boards of county!)
commissioners to pay for oopylng neg-j
leoted records in the office of the Judges
of probate in certain cases.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. That when any Judge of pro
bate has heretofore neglected to keep the]
books of record required by law, and ajj
later incumbent of the same office has:
repaired the neglect of his predecessor,,
and has made, or caused to be made, the
necessary entries in the register of said
office, and has recorded, or caused
to be recorded, all wills, bonds, let
ters testamentary or of administra
tion or guardianship, all claims, or
ders, decrees, judgments, and other pa
pers required by law to be recorded In,
said office, and which should have been
recorded by his said predecessor but were
not, then and In that event, the board of
county commissioners of said county la
authorized to pay such fees for said serv
ices in improving the condition of said!
records, by making such entries and
copying such records, as aforesaid, as
may seem reasonable and Just, but not to
exceed seven (7) cents per folio
Provided, however, the board of county
commissioners shall not be authorized to
allow any claim on the part of any Judge
of probate .for work in recording and
copying Instruments and papers which
may have been filed in connection with
any estate or any matter, during any
term said Judge of probate may have been
in office. That hereafter the county shall
not be liable for the payment for such
work without the county commissioners,
shall order the same to be done.
Sec. 2. This act shall take effect and be.
In force from and after its passage.
Approved April 18, 1903. I
CHAPTER 251H. F. NO. 684.
AN ACT to provide for placing ques*
tions relating to amendments of the
constitution, constitutional conventions
and all other questions and propositions
submitted to the vote of the people
throughout the state on a separate bal
lot.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. All questions relating to the*
amendment of the constitution, constitu
tional conventions and all other que**
tions or propositions submitted at any
election to the electors throughout the
state shall b printed on one separate
pink colored ballot, shall be prepared*
printed and distributed under the direct
tlon of the secretary of state, at the same
time and in tine same manner as other
state ballots. Such ballots, when voted,
shall be deposited In a separate ballot!
box painted in a pink color, to be pro-,
cured by the local authorities at each,
voting precinct. Such ballots shall be
canvassed, counted and returned and the
result thereof declared In the same man
ner as other state ballots. The person,
under whose direction tally sheets and
blanks for election returns are printed^
shall print such tally sheets and blanks
for election returns In such manner as to
provide appropriate spaces and columns
for counting, canvassing and making'
proper returns for the question so placed,
on such pink colored ballot.
Sec. 2. All acts and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 3. This act shall take effect and be
in force from and after its passage.
Approved April 18, 1003.
CHAPTER 252H. F. NO. 278.
AN ACT tofixthe salary of the states
superintendent of public instruction.
Be it enacted by the legislature of the1
State of Minnesota:
Section 1. The salary of the superin
tendent of public instruction for the year
1903, beginning with the month of Janu
ary thereof and annually thereafter, is
hereby fixed at throe thousand dollars,
to be paid In monthly installments.
Sec. 2. Section 3 of sub-chapter 2 of
chapter 74 of the General Laws of Min
nesota for the year 1877, being section
3,720 of the General Statutes of 1894, in
so far as it relates to the annual compen
sation of the superintendent of publlo
instruction, is hereby repealed.
Sec. 3. All acts and parts of acts in
consistent herewith are hereby repealed.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved April 18, 1903.
CHAPTER 253H. F. NO. 422.
AN ACT providing for the taxation of
railroad properties, the collection of
such taxes and repealing acts incon
sistent therewith.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Every railroad company
owning or operating any line of railway
situated within, or partly within, thi
state, shall during the year 1905, and
annually thereafter pay Into the treasury
of this state in lieu of all taxes and as
sessments upon all property within this
state, owned or operated for railway
purposes by suCh company, Including
equipment, 'appurtenances, appendages
and franchises thereof, a sum of money
equal to four (4) per cent of the gro*
earnings derived from the operation of
such line of railway within this state
and the annual payment of such sum
shall be In full and In lieu of all other
taxes and assessments upon the property
and franchises so taxed. The lands
acquired by public grant shall be and
remain exempt from taxation until sold
or contracted to be sold, or conveyed, as
provided in the respective acts whereby,
such grants were made or recognized.
Sec. 2. The term "the gross earnings
derived from the operation of such line
of railway within tnls state," as used in
section 1 of this act is hereby declared
and shall be construed to mean, all
earnings on business beginning and end
ing within the state, and a proportion,
based upon the proportion of the mileage
within the state to the entire mileage
over which such business is done, of
earnings on all interstate business pass
ing through, into or out of the state.
Sec. 3. All acts and parts of acts not
inconsistent herewith regulating the pay
ment, collection, time of payment, en
forcement or reports involving the
amount of taxes upon the gross earnings
of railroad companies within this state,
tat^Lor .providing senaltle* **i*l* aoa-pa^
:$r. fc
i
up to the time
of their muster out, including a complete
roster of each organization and such oth
er official Information as the commission,
ers may deem pertinent thereto, the same
to be prepared in a single volume entitled
"Minnesota in the Spanish War, 1898-
1809," suitable for publication as a com
panion volume to volumes I. and H-5
"Minnesota In the Civil War, 1861-1865.,
Wihen said commission has completed its
work, said commissioners shall attach a.
certificate thereto to the effect that the
narrative of the organization and serv-,
ices of the respective organizations of
Minnesota troops therein contained has
been examined by them and found.con
formable with the facts, and thereupon:
said commission will deposit said manu
uscript, properly bound, in the office of
the adjutant general for safe keeping.
Sec. 8. No compensation shall be al-.
lowed said commissioners for services as
such under this aot, but they shall have
authority to employ, at a reasonable
compensation to be determined by them,
on& of their number or some other com
petent perspn or persons to discharge the
duty and do the work of editing and pre
paring the said work, and may incur
such other expenses as may be necessary
to the discharge of their duties under'
this act.
Sec. 4. For the purpose of carrying out1
the provisions of this act the state au
ditor shall, from the net proceeds of the
various Spanish war claims of the State
of Minnesota against the United States,
when collected, set aside the sum of
twenty-five hundred dollars ($2500), or so
much thereof as may be necessary, for
the use of the commission created by
section one (1) of this act, to be disbursed
upon vouchers approved by the chair
man of said commission and upon the
warrant of t'he state auditor on the state
t'-
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