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pws p.- which has not accepted and become subject to sections ouc (1) and two (2) of chapter one hun dred and eleven (111) of the Special Laws of $73, relative to taxation, or some special act or acts relating to taxation of the company accept ing the same, shall become liable to Day, and shall pay a percentage of its gross earnings, in lieu of all other taxes, in accordance with the provisions of the chapter hereinbefore referred. SEC. 2. No railroad, or branch, or extension oia railroad in this state, sliall hereafter be opened for public use until the management thereof shall officially notify the railroad and warehouse commission that the same is finished aud in a sate condition for operation. Within one year after such notification the corporation constructing and operating such railroad, branch or extension, shall tile in the offico of said commission a inap and profile thereof, with,table of grades, curvatures, and mileage, aud a statement of the ot-ner characteristics of the road, certified by its president and engineer, in such form as the board may prescribe. Sec. 3. This act shall take effect and be in foi •cc from and after its passage. Approved March 7th. 18S7. AN ACT requiring railway companies to build and keep in repair highway crossings. Be it enacted by the Legislature of the State of Minnesota: SECTION That all railway companies oper ating a line or lines ot' railways in this state shall build or cause to be built and keep in repair good and sufficient crossings over such line or lines of railway at all points where any public highway is now or may hereafter be intersected by such line or lines of railway. SEC. 2. A good and sufficient crossing as re quired to be built and kept in repair as denom inated in sec'.ion one (1) of this act shall be and is hereby construed to be as follows, to wit: First—Of a grade of earth on one or both sides of the railroad track as the location may require, a grade or grades of earth which shall extend along such track for a distance of not less than thirty-two (32) feet, the middle point ot which *hall be at the middle point of the highway, and such grade shall be of such slope as shall be deemed necessary bv the chairman of the tjoard of supervisors or other officer or officers having charge of the highways in lie town, district or village where such intersection is located. Second—That plank shall be firmly spiked outo aud tor tin'lull length of the ties used in the roaiibcd of such rail way, where audi crossing occurs, and such plank, when so lain, shall be no more than one 1) inch apart, except where the rails prevent, in which the plank next inside of niich rail shall be no more than two and one-half C-M inches from the inside surface of such rail, and the thickness of the plank so used shall be equal to the height of the rail: that is to say. the upi»er surface of the plank shall be on a level with the upper surface of the rail, and all such plank shall extend along such railway the entire width of such highway grade. Sec. 3. It shall be the duty of the officer or officers having charge of any public highway in tersected by any line of railway to serve a writ ten notice upon the nearest station agent or section foreman having charge of that portion of the railway where such intersection occurs, Phat such crossiug as herein described shall be built or repaired. SEC. 4. It shall be the duty of any railway company so receiving such notice to build or cause to be built a good aud sufficient crossing as described in section two (2 of this act, within a period of thirty (oO) days from and after re ceiving such uotice. SEC. 5. It ishitll be the duty of all railway companies owning or operating any line of rail road within the limits of the State of Minnesota to at all times keep all public highways now or hereafter crossing such line of railroad clear of mow, so that the same shall at all times be in a rate and convenient condition for travel for a distance of one hundred feet (100 feet) each way from the center of said railroad along such highway. SEC. (!. Any railroad company which shall neglect to comply with the terms of this act shall be liable to pay damage to the city, village or town in which the highway is situated in the sum of thirty dollars ($30) for such neglect, and a further sum of ten dollars ($10) per day for each and every dnv such railroad company fails or neglects to comply with the terms of this act. The same to be recovered in an action brought in the name of the city, village or town as the case may be. It is hereby made the duty of the county attorney to prosecute to judgment any claim arising under the foregoing provision, without charge to the said city, village or town. SEC. 7. That any acts or parts of acts con flicting with this act are hereby repealed. SEC. 8. This act shall take effect and be in lorce from and after its passage. Approved March 7th. 1837. ~»r AN ACT to provide freedom of traffic in the State ot Minnesota. Be it enacted by the Legislature of the State of Minnesota: SECTION l. All railway companies doing busi ness in this state shall provide ample facilities for transferring cars from their track to any other joining, crossing or intersecting railway track, except in special cases where the inter est of the public does not demand it, and such cases shall be determined by the railroad aud warehouse commissioners. SEC. 2. All railway companies doing business In this state shall receive and transport freight over such ronte or routes as the shipper shall direct at reasonable rates. Car-load lots •hall be transferrod without unloading from the cars in which the shipments were first made unless transferred into or upon the connect ing railway's cars at actual cost and without unreasonable delay to the shipper. SEC. 3. When the route selected requires the use of the tracks of more than one railway corn pauy, the rate of transportation for the entire distance shall not exceed the rate for an equal distance over the tracks of a single company ex cept the addition of a reasonable rate of trans fer., Where the different railroad companies cannot agree upon the division of the earnings arising under this act, the board of railroad and warehouse commissioners shall adjust the same, taking into consideration the value of terminal facilities and all the circumstances of the haul, but in no case shall the aggregate cost to the shipper be increased but where the sev eral railway companies making up the through route have different schedules of rates over their respective lines, the through rate shall be based upon the average ot the schedule of rates on their respective lines. SEC. 4. Any railway company willfuly and maliciously refusing or neglecting to comply with the provisions of this act shall be fined not less than five hundred ($500) dollars nor more than one thousand ($1,000) dollars for the first offense, and not less than one thou sand dollars ($1,000) for the second offense. SEC. 5. Whenever any railway company shall •iolate the provisions of this act it shall be the duty of the county attorney in whose county such offense is committed to institute pro ceedings against the offending company in the district court, in the name and at the expense of the state, to enforce the provisions and pen alties of this act. SEC. C. Any railway official who willfully or maliciously refuses or neglects to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one thousand ($1,000) dol lars. SEC. 7. Whenever the provisions of section •ix (6) of this act are violated, proceedings against the offender may be instituted upon in formation by the county attorney or by indict ment of the grand jury in the county where the offense is committed. SEC. 8. All fines accruing from th© enforce ment of this act shall be covered into the state treasury for the benefit of the school fund. SEC. ». This act shall take effect and its provisions shall be in force on and after the first day of June. 1887. Approved March 5th. 1887. 0. AN ACT to reimburse settlers for money ex pended in defending suits brought by railroad companies against persons claiming lands em braced in the relinquishment made iu pursu ance of section 10, chapter two hundred and one (201), Special Laws of One thousand eight hundred and seventy-seven. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That the sum of one thousand •oiiars, or so much thereof as may be necessarv, £i ?rx?y appropriated out of any money in the state Treasury properly applicable thereto and not otherwise appropriated.toreimbnrse settlers for money expended for counsel fees in defend ing suits brought by any railroad company •gainst such settlers claiming lauds embraced in the relinquishment made in pursuance of section ten of chapter two hundred and one of the Special Laws for the year one thousand eight hundred and seventy-seven, the same to be paid upon the following conditions. The settler seek- recover sn.cb money shall file in the office or the state auditor a statement, showing the date ot such suit, the description of the lands embraced in said action and a detailed state ment or the money paid out as counsel fees in making such defense, together with a statement of the proceedings had in such action, all ot which shall be verified by the affidavit of the person making such application lie shall also ,_with 8Uctl statement a certificate of the tlerk of the court in which such action was tried, or the certificate of one of the land officers ,e w'lon? sa'd suit was tried, if tried before any land office, of the pendency of said actiou and the disposition of the same, and shall also tile with said statement the affidavit of the per son to whom such counsel fees were paid that the amount claimed to have been paid was act tually received by such counsel. Such state ment shall lie examined bv the auditor, who shall reject in whole or in part any item in such statement which shall appear excessive or un reasonable. SEC. 2. Provided nothing in this act shall lie so construed as to apply to any action brought against any person claiming any of said lands since the passage of chapter one hundred and seventy-six of the General Laws for the year one thousand eight hundred and eighty-five. SEC. 3. This act shall take effect and be in force from and after its passage. Approved March 2d, 1887. License and Sale of Liquors. 10. AN ACT regulating the amount of licenses for the sale of intoxicating liquors. Be it enacted by the Legislature of the State of Minnesota: 8SCTION1. Mo lioense tor the sals of f«5Mw*^F* eating liquors shall be granted to any person ap plying for the same under the provisions of the charter of any city of this state, which city con tains a population of ten thousand people or more, by the municipal authorities of Baid city, except upon the condition that said applicant shall, before the issuance of said license, pay into the treasury of said city in the manner pro vided by its charter a license fee of one thou sand (1,000) dollars, or such fee in excess of said sum as the city council of said city shall, in the manner provided in its charter, fix and pre scribe auy thing m'the charter of any city to the contrary notwithstanding. SEC. 2. No license for the sale of intoxicating liquors shall be granted to any pcrsou hpplying for the samo under the provisions of the charter of any city of this state, which city contains a population ot les* than ten thousand (10,000) people, by the .municipal authorities of said city, except upon the coudition that said appli cant shall, before the issuance of said license, pay into the treasury of said city, in the manner provided by its charter, a license fee of live hun dred (500) dollars, or such fee in excess of said sum as the city council of said city shall, in the manner provided by its charter, fix and pre scribe anything in the charter of any city to the contrary notwithstanding. SEC. 3. No license for the sale of intoxicating liquors shall be granted by the county commis sioners of any county, or the municipal authori ties of any town, .village or borough, to auy pcr sou applying for the same under the provisions of chapter sixteen (16), General Statutes of 1878, or of any general or special law governing such village or borough, except ou the condition of paying, in the manner prescribed by said chapter sixteen, or in the case ot any village or borough organized or existing under a general or special law regulating the subject of licenses for the sale of intoxicating liquors, then in the manner provided in and by such uener.il or special law, a license fee of five hundred (500) dollars, or such fee in excess of said sum as the county commissioners, or in case of such village or borough the municipal authorities of such village or borough shall fix and proscribe. Provided, That no license shad be granted for a longer period than one year, or for a period beyond twenty t.10) days after the annual elec tion in such village or city next ensuing after the date of such licenses. SEC. 4. Nothing herein contained shall be con strued as affecting or repealing the local option proviso of section one (1) of chapter sixteen tlG) of he General Statutes of 187S, or the local op tion provisions of section 48 of chapter 1-15 of General Laws of 18S5. SEC. 5. All acts and parts of acts inconsist ent- with this act are hereby repealed. SEC. ti. This act shall take effect and be in force from and after July 1st, 1S87. Approved Feb. lDcii. iS87. 11. AN ACT to amend chapter sixteen. General Stat utes 1878, relating to intoxicating liquors. B» it enacted by the Legislature of the State of Minnesota: SECTION 1. That section ten of »sid chapter be amended so as to read as follows: Section 10. It shall be unlawful for any person to sell, give, barter, furirsh or dispose of, in any man ner. either directly or indirectly, or by agent, employes or otherwise, any spirituous, vinous, malt or fermented liquors, iu any quantity or lor any purpose whatever, to any minor person, or to any student or pupji in any public school, seminary, academy or other institution of learn ing iu this state, or to any habitual drunkard or intemperate drinker of intoxicating liquors, or to auy intoxicated person and any person vio lating any of the foregoing provisions of this sectiou shall be guilty of a misdemeanor, and ou couviction thereof by any court having jurisdie tiou, shall be punished by fine of not less than twenty-five dollars, nor more than one hundred dollars, and costs of prosecution, or by impris onment in the comity jail not less than thirty nor more than ninety days, or until such fine and costs are paid, not exceeding ninety davs and any parent, husband, wife, child, guardian, master or employer, or relation ot any person who is a habitual drunkard or an intemperate drinker of intoxicating liquors, or any one who annoyed or injured by means of the continued intoxication of such drunkard or intemperate drinker, or any patent, master, guardiau, rela tive or employer of any miuor person, may give notice in writing, signed by him or her, to any person, forbidding him from directly or indi rectly furnishing any such habitual drunkard, intemperate driuker or minor named in such notice with any kind of iutoxicatiug liquors and if within one year after such no tice, in cases of habitual drunkards and minors, and any time before such minor person shall become of full age, any one to wl:om such uotice was given, sells, gives awav, or furnishes, directly or indirectly, or causes to be furnished, any intoxicating liquor to the persou named in such notice, he shall be deemed guilty of a mis demeanor, and. upon conviction thereof bv any court having jurisdiction, shall be punished b'v line not less than fifty dollaisnor more than one hundred dollars, and by imprisonment in tiie county jail for not less than thirty days nor more than ninety days and in case of default in the payment of such fine, the court ma«\ in ad dition to the time of imprisonment fixed by its judgment, commit such person to the county jail until such fine is paid: the whole time, however, for which any person can be so committed to the county jail under the provisions of this section not to exceed ninety-days, and the license ot such person shall be revoked as hereinafter stated. All the provisions of this section shall also apply to municipal corporations, anything in the charters or ordinances thereof to the con trary notwithstanding. Any person who shall purchase or procure for any intemperate drinker of intoxicating liauors, habitual drunkard, or minor,knowing them tojbe such.with money or its equivalent, furnished by such person or by such drunkard, intemperate drinker, minor or other person for him any intoxicating liquor, shail be guilty of a misdemeanor, and upon conviction shall be punished by fine of not less that twenty five nor more than one hundred dollars, together with costs of prosecution,or by imprisonment in the county jail for not less than twenty nor more than ninety days, and in case of default in payment ot any fine, until such fine aud costs are paid, not exceeding ninety davs. It shall be unlawful for ftnv person in anv city, village, townjor borough in this state,to sell, barter, fur nish or dispose of.in any manner, either direitly or)indirectly.!or by agent, employe, or other wise, any intoxicating liquor in any quantity or for any purpose whatever on the Sabbath day, or on anv general or special election days and all places where the sale of intoxicating* liquors shall be liccused, under the provisions of any law or ordinance, shall be closed during all hours of every Sabbath day, and of every general or special election day: and any person violating any of the provisions of this section shall be gu#ty of a misdemeanor, and on conviction thereof by any court having jurisdiction shall be punished by fine of not less.tlian thirty dollars nor more than one hundred doilirs and costs ot prosecution, and by imprisonment in the county jail not less than ten days nor more than thirty davs. SEC. 2. That section eleven of said chapter be amended by adding thereto the following: "And in all prosecutions in this state for the sale of spirituous, vinous, fermented or malt liquors without a license therefor, proof that the ac cused has paid the United States revenue tax for the sale of spirituous or vinous, fermented or malt liquors, or has procured a receipt for such payment covering the time in which it is alleged the accused has sold without a license shall be prima facie evidence that the accused lias sold such liquor: and in all such prosecutions proof that the receipt aforesaid is found or posted uu on the premises in which it is alleged such sale is made shall be prima facie evidence that the person or persons doing business upon said premises, either as principal, agent, proprietor, clerk or bartender, is selling such liquor. Pro vided that the provisions of this section shall not apply to druggists engaged in the business of compounding and dispensing medicines upon prescription. SEC. 3. That section twelve of said act is amended so as to read as follows Section 12. That in all cases where any person is convicted in any court of selling or furnishing intoxicat ing liquor to a minor, habitual drunkard or in temperate person after written notice as afore said his license shall thereupon become forfeited and void, and thereafter he shall be liable for all penalties for selling liquor, the same as any person selling without a license. SEC. 4. That said chapter 10 be further amended by adding thereto the following new sections. Sec. 24. It shall not be lawful for any person to keep any bagatelle or card or any other kind of table whatsoever, except billiard aud pool tables, or to allow the same to be kept in any room where any of the liquors mentioned in this act are licensed to be sold, or may be sold or kept for sale, or to allow any games at cards, throwing of dice, or any other game of any kind or nature whatsoever to be played in such room. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than ten nor more than fifty dollars. The provisions of this section shall also apply and be in force in all municipal cor porations. Sec. 25. That no person shall in any manner be protected by any permit, or license issued the county commissioners or by the authorities of any city, village or other municipal corpora tion, unless he shall have paid the full amount required by the law or ordinance under which such license is granted, and no license shall have any force or effect unless the licensee shall have paid therefor a sum equal to the minimum rate fixed by the laws of this state for the town, village, borough or city where the same is granted. All licenses granted bv said county commissioners, or the authorities of anv town, village, borough or city in this state, shall be posted up in the room where such business is done, and shall distinctly state the amount paid therefor. Sec. 20. All licenses issued by the connty commissioners, or bv the authorities of any city, town, borough, village or other municipal corporation, for the sale of intoxicating liquors, shall contain a description ot the premises and room where such liquors are licensed to be sold and any person so licensed, who shall sell, barker or give away any intoxi cating liquors outside of or in any place other than the room so named shall be guilty of a mis demeanor, and shall be liable to all the penalties provided in this act or under any law of this state for selling liquors without a license. Sec. 27. When *ny persou holding a license for the sale of intoxicating liqfcors is convicted of the violation of any law relating to the busi ness he is licensed to pursue, and when any person shall be convicted of selling liquor with out a license, under any law of this state, or ordinance of auy citv, village, borough or mu nicipal corporation, the court in which or the magistrate before whom such conviction is had shall send to the board, council, trustees or au thorities which issued the license, or who would be authorized to issue a license in the district where such conviction is had. a certificate show ing the offense charged, the conviction under such charge and the time and place of such con viction: and such certificate, if made bv a magistrate, shall lie uuder his hand, and if nytdc by a court having a clerk, it shall be made by such clerk. Sec. 28. The county commissioners of any couuty or the common council of anv citv, vil lage or borough, and the authorities of any mu nicipal corporation who are authorized to issue any iicensc for the sale of intoxicating liquors, alter notice to the person holding •any such license aud reasonable opportunity for him to be heard by them or by a committee of their number may revoke any such license and declare the same forfeited upon proof satis factory to them that he has violated auy of the laws of this state regulating the sale of intoxi cating liquors, or has violated any provisions of law regulatiug persons so licensed to sell, or placcs where such liquors are sold, or any of the conditions of the boud required to bo given by such liceuse, and anv such license shall cease to bo in force from aud after such revocation. The pendency of proceedings before a court of jus tice shad not suspend or interfere with the power herein given to revoke a license or de clare a forfeiture. In all those cases where any such license is revoked, or declared forfeited by reasou of any violation of the iaw iu relation to the sale of intoxicating liquor to a minor, ha bitual drunkard, or intemperate drinker of in toxicating liquors, or after noticc forbidding such sale, the licensee shall be disqualified to receive a license lor the period of five years thereafter and in all other cases for the period of one year'after the expiration of the term of the license so forfeited: and if the licensee is the owner of the premises described in, or covered by such license, no liceuse shall be issued to be exercised on said premises for the residue of the term thereof. Sec. 2l. All applications for a license to sell intoxicating liquors, to the commissioners of any county or to the authorities of any munici pal corporation in this state authorized to grant the same, shall be iu writing and shall desig nate the place where such business is to be carried on upon receiving any such application the county auditor, or the clerk of any such municipal corporation, shall cause a notice of such application contain ing the name of the applicant, a description of the premises as stated in the applicat on and the time when the same will be heard, to be published in the official newspaper of said county or municipal corporation at least two weeks immediately preceding the time of such hearing or in case there bo no such official paper then such notice shall be published in some newspaper of general circulation, printed and published in the county within which such license is granted. Any person may appc ir at the time stated and object to the granting of such license, aud if it shall appear to the board or municipal authorities empowered to grant such liceuse that the applicant has knowingly vio lated any of the laws of this state regulating the liquor traffic or of the municipality where such application is made jvithin the year preceding such application, or auy law relating to the sale of intoxicating liquors to minors, habitual drunkards or intemperate drinkers after receiv ing a noticc forbidding such sale within live vears preceding such anplicatiou, such board or •municipal authorities shall refuse to grant the license. [Sec. 30. Any minor person who shall falsely represent himself to be of fall age to any person licensed to sell intoxicating liquors under the laws of this state, or of any municipality there in. and shall obtain any intoxicating liquor under such representations, shall be guilty of a misdemeanor.] Sec. 31. This act shall take effect and be in force from and after its passage. Approved March 3d, 1887. 18. AN ACT to further regulate the sale of or dis position of intoxicating liquors. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Any person applying to the county commissioners of any county, or to the mnnici pal authorities of any city, village, town or borough in this state for a license to sell intoxi cating liquors shall, before tiie same is issued, file with the clerk ot said board of com missioners or with the clerk or recorder of such city, village, town or borough, a bond, with two or more sureties who shall be freeholders of the county and who shall justify in twice the amount of said bond, to be approved by the said board of connty commissioners or by the com mon council or other governing Pocly of any town, village or borough, or the common council of any city to which such applica tion is made, in the penal sum of two thousand dollars ($2,000) conditioned that the said person so licensed will not sell or otherwise dispose of any intoxicating liquors at any place other than the room named in such license, nor on the Sab bath, nor on any general or special electiou day, and that he will keep a quiet, and orderly house and not permit gambling with cards or with any other means or device for money or its repre sentative, or other thing of value, in the hou-e or place ot business of such person, and will not sell, barter, give away or otherwise fur nish or dispose of such liquors to any miuor person, or to any pupil or student "in any public school, academy, seminary or other institution of learning, nor to aiiv in temperate person nor habitual drunkard. No persons shall he accepted as sureties on anv such bond who arc alreadv on any other bond given pursuant to the provisions of this section. SEC. 2. NO license shall be issued or renewed bv the authorities of any county, city, town, village or borough in this state when the sum paid there for is less than the minimum amount required by the laws of this state nor to any person who, during the twelve months next preceding the application for such issuance or renewal, shall have been convicted ot violating any iaw of this state, or any ordinauce of any municipal cor poration therein, regulating the -sale of intoxi cating liquors. And any member of anv board ot county commissioners or of the council of auy citv or of auy municipal corporation in this state who shall vote to issue or renew such license, and any officer who shall issue and renew, or shall take auy part in issuing or renewing such license, upon the payment by the applicant of a sum less than the full minimum amount re quired by law, shall be deemed guilty of a mis uemeauor and shall lie punished bv line not ex ceeding five hundred dollars nor "less than one hundred dollars, and such license so issued or renewed in violation of law shall be void. SEC. 3. If any county commissioner or mem ber of the council or other governing body ot any city.viliage or other municipal corporation in this state, any mayor of any city, any judge, sheriff, justice of the peace, constable or other officer willfully neglects or refuses to perform any duty required of him by the laws regulating the liquor traffic or the issue of licenses therefor, he shall bo deemed guilty of a malfeasance in office, and shall there alter be disqualified from holding the same for and during the remainder of the term for which he was elected or appointed, and shall bo liable on his bond iu an amount not more than $500 nor less than $100, recoverable in any court having jurisdiction. SEC. 4. Whoever sells, barters, gives away or otherwise disposes of any spirituous, vin ous, fermented or malt liquors, without first having obtained license therefor agreeably to the taws of this state, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court having jurisdiction of the same, be punished by a fine of not less than $50 nor more than $100. together with the costs of prosecution, and by imprisonment in the county jail not less than thirty days nor more than ninety days. All prosecutions for the violation of any of the provisions of this scction may be tried and conducted in a summary manner be fore any municipal court, police justice or jus tice of the peace having jurisdiction thereof iu the same manner as violations of anv municipal ordinance or by-law may now be tried anil conducted provided that the provisions of this section shall not be so con strued as to prohibit any regularly licensed druggist from dispensing liquors in filling prescriptions, made by any regular, reputable and duly licensed physician in the practice of his profession. SEC. 5. The provisions of this act shall applv to all cities and villages in this state incorpo rated under general or special law, and to every other municipal corporation or quasi corpora tion iu this seate, whether or not said munici pal corporations have the right by general or special charter or general or special law to grant licenses for the sale ot in toxicating liquors or to regulate said sale through or by auv council or officer of the same—anything in the charter of anv mu nicipal corporation in this state to the contrary notwi tbstanding. SEC. 0. All iiccnses granted after the pas sage oft his act and before uly first, 1887, shall expire on said last-named date provided that in anv town, village or city where, under the exist ing laws, the licenses are granted in March, April, May or June, such licenses may be is sued to terminate on July first, 1887, on the pay ment of a pro rata of the amount of the license required by the existing laws lor the entire vear aud provided further, that where in any town, village or city any license for the sale of intoxi cating liquors has been granted since the first day of July, one thousand eight hundred and eighty-six, and before tlio passage of this act, any and all such licenses shall expire within one year trom the date of issuing the same. SEC. 7. The words "intoxicatiug liquors," wherever used iu the laws or statutes of this state, now in force or hereafter to lie in force, shall be construed to mean spirituous, vinous, fermented aud malt liquors, or either of them. SEC. 8. All actB and parts of acts inconsistent with this act are hereby repealed. SEC. 9. This act shail take effect and be in force from and after its passage. Approved March 3d. 1887. 13. AN ACT to define and punish the crime of un lawfully disposing ot Intoxicating liquors by the device known as "blind' pig" or other con trivances intended to conceal the transaction. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Whoever shall attempt to evade or violate any of the laws of this state regulat ing or prohibiting the aale of Intoxicating MINNESOTA LAW SUPPLEMENT, CONTAINING THE GENERAL LAWS PASSED DURING SESSION OF 183 "—OFFICIAL PUBLICATION. liquors by selling, giving away or otherwise dis posing of any spirituous, viuous, malt or other intoxicating liquors contrary to law by means of the artifice or contrivance known as the "blind pig" or "hole in the wall," or by any other prac tice, artifice, contrivance or device intended to conceal such evasion or violation or said laws or the identity of the person or persons engaged in the same, shall, in addition to the offense [ot sell ing] or otherwise disposing of such liquors with out license, be guilty of a misdemeanor, and upon conviction thereof shall for each offense be pun ished by a fine of not less than twenty-five dol lars ($25) nor mora thaa one hundred dollars ($100), or by imprisonment in the county jail not less than ten (10) days nor more than three (3) months, or by both fine and imprisonment in the discretion of the court. SEC. 2. The owner, lessee, tenant, or person or persons in possession or control of any prem ises in which any such means or deceptive prac tices are resorted to, to evade or violate said laws, who shall knowingly consent to or permit auy other person or persons to so attempt to evade or violate said laws relating to the sale of intoxicating liquorj upon the same, shall also be severally guilty of a like misdemeanor, and be punished therefor in the same manner as provided in eec tiou one (1) of this act. To convict any such owner, lessee, or person in possession or control of any such premises, it shall only le necessary to prove that any such intoxicating liquors were so unlawfully sold or disposed of upon said premises, or were there by such means nnla fully procured, with his knowledge and consent or acquiescence. SEC. 3. It shall be the dnty of every sheriff, deputy sheriff, constable, policeman, or other peace officer, to immediately arrest any person or persons found committing any of the'offenses named in this act, and to make complaint against them, to the end that they may be dealt with according to law, and to euforce this act. Any such officer who shall fail to do his duty, as in this section required, shall be guilty of malfeasance in office, for which he may be re moved therefrom. SEC. 4. This act shall take effect and be in jforce from ami after its passage. Approved March 5th, 1887. 14. AN ACT to authorize pharmacists to dispose and sell spirituous, vinous, fermented aud malt liquors on physicians' prescriptions and for medicinal purposes oulv. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. It shall be lawful foranv pharma cist. or druggist in the State of Minnesota, who shall be duiy registered as such under the laws of said state and who shall be actually carrying on the business of a pharmacist or druggist, to dispense any spirituous, vinous, fermented or malt liquors in good faith for medicinal pur poses, upon the written prescription of a rep utable aud duly licensed physiciau actually en gaged in the practice of his professson, without haviug a license for the sale of intoxicating liquors, but no such liquors so dispensed or dis posed of sh-11 be drunk or used on the premises where obtained. SEC. 2. Any pharmacist or druggist who shall sell or dispose of anv spirituous, vinous, fer mented or malt liquors, for any purpose or in any manner other than as provided iu this act, or acts amendatory hereof, without having a liceuse for the 6ale of intoxicating liquors, shall, upon conviction thereof in any court having ju risdiction thereof, be subject to the same fines and penalties imposed by any law or ordinance upon any other person for selling intoxicating liquors without a liceuse and any pharmacist or druggist who shall permit any intoxicating liquors so sold or disposed of to be drunk or used on the remises where obtained shall ba guilty of a misdemeanor, aud upon conviction thereof shall be punished by a tine not less than twenty dollars aud not exceeding one hundred dojlars. SEC. 3. Any physician or person who shall make or give any such prescription for any other than medicinal purposes, or who shall make or give aav such prescription for the pur pose of evading the laws of this state, or of aid ing auother to evade the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the same fine and penalties that are imposed by any law or ordi nance upon any other person for selling intoxi cating liquors without a licejise. SEC. 4. This act shall take effect and be iu force from and after its passage. Approved March 7th. 18S7. Regulating Elections. is. AN ACT relating to elections and to repeal chap ter one (1) of the General Statutes of eighteen hundred and seventy-eight (1878) and all acts amendatorv thereof. Be it enacted by the Legislature of the State of Minuesota: SECTION 1. On the first Tuesday after the first Monday in November of each even num bered year, an election shall be held iu the sev eral election districts of the state, which shall be known as the general election: and the several state and county officers, judges of the supreme and district courts, members of the legislature, and representatives in congress of the United States shall be elected at the general election next preceding' the expiration of the term, of each of the said officers, re spectively, and on a year when a president and vice president of the United Stat es are to be chosen, a number of electors of president and vice president of the United States equal to the nu iiber of senators and representatives to which this state is entitled in the congress of the United States shall be elected at said election. SEC. 2. Every organized township and every ward of each incorporated city shall form at least one [electionj district, but no election dis trict in any incorporated city shall contain more than four hundred (400) voters, and whenever an election district is found by the number of votes there cast at any election, to contain more than four hundred voters, it shall be the duty of the supervisors of the town or the common council, village, borough, or municipal corporation of the city, if an incorporated city, to cause such dis tricts, at least six weeks before the next ensuing general, town or city election, to be divided into two or more districts, each containing, as nearly as may be, an equil number of voters. When ever a ward shall be divided into two or more districts (in an incorporated city) the common council, village, borough or municipal cor poration shall publish the same by makiug a map or description of such division, defining it by known boundaries, and keeping such map or description open for public inspection in the office of the clerk of such city: and, also, by posting up copies of such map or description in at least ten of the most public placcs in every district of such ward: aud the common council, village, borough, or muuicipal corporation shall, also, prior to the next elec tion, furnish copies of such map or description to the judges of election in each district of such ward. SEC. 3. Whenever any number of voters not less than eight residing in an unorganized, or partially organized, county shall petition the governor to establish a new election district, designating the boundaries of the same, which shall 113 within ten miles of the polling place of any existing district, it shall be tho duty of the goveruor. and he is hereby authorized to cause to be established such district and he shall select from the names of tho petitioners three persons who shall be judges of electiou therein such districts to be established at such l'lace or placcs as the petitioners may require. The governor shall within at least six weeks be fore a general election, and within at least three weeks before a special election, publish in some newspaper published in the state a list of all the election districts by him so established, and the places where the elections are to be held. SEC. 4. The township supervisors of each township are the judges of election, and the town clerk of each township shall act as one of the clerks of election, in their respective elec tion districts, and the judges of election shall appoint an additional clerk of election, who shall be of an opposite po litical party (if practicable), to the town clerk. The city council of all incorporated cities shall appoint three qualified electors of each electiou district of said city, who shall be judges of election in their election districts, respect ively. and who shall appoint two qualified elect ors of their election districts as clerks ot elect ion. The election shall be held in such election dis trict at the place where the last preeediug elec tiou was held, except as hereinafter provided but if iu auv town a vote is taken to hold it else where, the next ensuing election shall be held at the place designated by such vote. The city council of every incorporated citv shail, by ordinance, appoint the place of holding the elec tion iu each election district in such city and when in anv township having over five hundred electors, the supervisors divide the same into two or more election districts, they shall desig nate the boundaries thereof, and thereafter there shall be elected, at the annual town meeting of such township, three judges of election, and two clerks of election in each district, and the place of holding election in each district shall be des ignated by said town meeting, or, iu default of such designation, shall be appointed by the judges of election thereof. Not more than two judges and one clerk of election, except where town supervisors and town cierks so act, shall belong to the same political party. SEC. 5. Tiie secretary of state shall, between the first days of July and September in each year, direct and caue to be delivered to the auditor of each county, a notice specifying all the officers whose term of office will expire on the first Tuesday of January, next succeeding, and specifying, also, the several officers to be chosen in audi couuty at the next general elec tion. The auditor to whom such notice is de livered shall, upon the receipt thereof, cause a like notice to be sent to each town and city clerk in his county. Every township and city clcrk, at least fifteeu davs before the holding of auy general election, and twenty days before the holding of any special election, shail give public notice of the time and place of holding such election by posting in three public places in every election district three notices containing a list of the officers 10 be elected at such election, one of which notices shall be posted up at the place of holding the election. Said notices shaii contain, also, the hours during which the polls will be open provided, that uo failure of any clerk to give such notice aforesaid shall inval idate an election. SEC. ti. The judges of election in each elec tion district, except in cities having over twelve thousand inhabitants,at least twenty days before suy electiou, shall make a list or register of the names of all persons who are entitled to vote in their respective districts at such election, which jist shall contain the surnames of touch persons in their alphabetical order, 'three copies of said list shall, at least ten day* liefore such election, The posted in each election district, I together with a notice of the time and placc, when and where, the judges of election will be present for the pur pose of making corrections in said list. The said judges ot c-lection on Tuesdav, two weeks preceding the election, and, if nccessarv, for the next three days, from the hour Of ofue in the morning until one in the afternoon, arid, in cities containing a population of four thousand inhab itants and upwards, in addition thereto, from the hour of eight to the hour of ten in the even ing, and on tiie Tuesdav next preceding such election from nine o'clock in the fore noon until nine o'clock iu the evening, shall be present at the place appointed for the holding of such election, in their respect ive election districts, t'orthepurp seof making corrections in said list or register: in mak ing such corrections, said judges of election shall enter upon such lists the additional names of all persons, properly shown to be en titled to vote at such election, and erase from said list or register tho names of all persons properly shown to be not entitled to vote at such election. The said judges, oil first makiug out said lists, shall consult the poll lists used at the last preceding election in their election district, and shall place in said lists or registers the names of those persons whom they- know, or with reasonable diligence ascertain, to lie en titled to vote at such election iu their respective election districts. In making the final correc tions of said lists or registers to ascertain who are entitled to vote at such election, the said judges shall be governed bv the rules and reg ulations hereinafter for that purpose prescribed: and at such election no person shall vote whose name is not upon said list or register, at the time of opening the polls: provided,that if any person offering to vote, whose name is not on said lists or registers, can produce evidence which satis fies the majority of the jndges that he has the qualifications of an elector in said district, and is entitled to vote at such election, but whose name has been accidentally omitted from said lists or registers, then the name of such persou shall be added to the lists or registers and he shall be allowed to vote nor shall the vote of any person be rejected whose name is upon said lists at the time of o])eniug the polls pro vided, that if evidence satisfying a ma jority of t-he judges be produced, showing that the name was registered by mistake aud that the person so offaring to vote has not the qualifications of an elector in said disti ior, and is not entitled to vole at such election, then the name of such person shall be strickeu from said list and he shall lioi be al lowed to vote but in all such cases an entry shall be made opposite to each name added to. or strickeu from, said lists or registers, after the openiug of the polls, and the judg.-s of election shall.make, or cause to be made, a duplicate of said lists or registers, so that there shall be two registers or lists at every election. SEC. 7. Provided, that anv person being an inmate of any soldiers' home in this state shall, for the purposes ot this act, have a legal resi dence thereat. The judges of election in detcr miuing the residence of any person, for the pur pose of ascertaining who are qualified electors, shall be governed by the following rules so far as tlicy ore applicable: First—That place shall be considered and held to be the residence of a person in which his hab itation is fixed without anv present intention ot removing therefrom, and to which whenever he is abseut he has the iutcution of returning. Second—A persou shall not be con.siriered to have 1 st his residence who leaves his home to go into another state, or coum-v iu this state, lor temporary purposes merely, and with the inten tion of returning. Thud—A person shall not be considered to have gained a residence in any county into which he comes for temporary purposes merely, without the intention oi making such couutv his home. Fourth—If a person go into another state, with the intention of making it his residence, he loses his^ residence in this state. Fifth—If a person remove to another state with the intention ot remaining there for an indefinite time, as a place of residence, he loses his residence in this state, notwithstanding he entertains the idea of returning at some future time. Sixth—The place where a man's family resides shall be held to be his piace of residence but if it be a lace of temporary establishment for his family, or for transient purposes, it shall be oth erwise. Seventh—If a man have a family fixed in one place, and he do business in another, the former shall be considered his placc ot residence but any man having a family, who has taken up his abode with the intention of remaining, and whose family refuses to reside with him, shall be regarded as a citizen and voter where he has taken up his abode. Eighth—The mere intention to acquire anew residence, without the fact of removal, shall avail nothing, neither shall the fact of removal without the intention. And no persou employed temporarily in tue con struction or repair of any railroad, canal or other work of a public nature, shall acquire a residence iu any election precinct into which he came for that purpase, so as to entitle him to vote therein: but this provision shall not be held to extend to station agents, section men who permanently reside in such election precinct. In auy question that may arise as to the right ot any persou in the em ployment of any railroad corixiration to be reg istered, or to vote, in any election precinct, it must first satisfactorily appear to all the judges of said election that the said party is an actual bona tide resident of said election'districo, and not there for temporary purposes merely: and the mere affidavit of such person shall not be received as conclusive as to any fact necessary to entitle him to vote. SEC. 8 If either of the judges of election of any election district shall tail to attend -it the time aud place appointed for correcting tiie lists or registers, or holding an election, or if either of said judges be a can didate at such election, or refuse to act as judge, the qualified electors of sucu election district present shall elect viva voce some quali fied elector of said election district to act as judge, instead of such judge so absent, disquali fied or refusing to act and if any clerk of elec tion bo absent, disqualified or refuse to act, the judges of election shall appoint some qualified elector iu place oi such clerk, and before any judge or clerk of election enters upon the dis charge of the duties imposed upon him by this chapter he shall take and subscribe the follow ing oath, to wit: "I, A. B. (judge or clerk of the ejection, as the case may be), do solemnly swear (or affirm) that I will perform the duties of judge, or clerk, of the election (as the case may be) according to law and the best of my ability, and will studiously endeavor to prevent traud, deceit and abuse in conducting tins election, so help me God." which said oath, so taken, subscribed and certified, shall be affixed to the said list or register provided for in section six. If there be no person present authorized to administer oaths, then the judges of election may administer to each other, and to the clerks, the oath above provided. SEC. U. No person shall lie eligible as judge or cleric of election unless he be a qualified voter within the election district iu which be acts, nor unless he can read aud write and speak the English language utidorstaudinglv. SEC. 10. The polls in the several election dis tricts shall be opened a1., nine 'o'clock iu the morning aud kept open until five o'cloc't iu the afternoon but in cities of five thousand inhab itants or more the poll3 shall be kept opeu uuiil seven O'CIOCK in the evening. No adjournment or intermission whatever shall tako place until the same be closed and until all the votes cast at such poll have lieeu couuted and the result publicly announced. SEC. 11. The judges of election may appoint one or more special constables to attend each piace of election. It shall be the duty of the sheriff or constable to keep an open space of at least six feet square trom the place of voting, so the person voting can do so unmolested bv any other person. If any oft he above-named officers neglect to perform that duty, tlieu the judges ot election shall swear in enough private citizens to enforce order, wiio shall have power, as con stables or conservators of the peace, to make ar rests for breach of peace. And any police officer or constable attending the electiou may call to his aid a sufficient- number of citizens to arrest auy disord-.-rly person or suppress any riot or disorder during tiie election. Whoever conducts himself in a riotous or disorderly manner at any election, aud persists in such conduct after be ing warned to desist, may be arrested without warrant. SEC. 12. The judges of election shall allow at least oil'-, and not more than two, cligiole voters of each political party the contest, to be choscn bv the parties respectively, in the room where the election is held to act as challengers of vot ers at the election aud such chatiengers may resna with the board of election until the votes are all canvassed and the result declared. SEC. 13. At each general aud special election boxes shall be provided, in which all ballots required to be endorsed "otate," as directed iu the seventeenth scction hereof, shall be deposited: also a box iu which all ballots which are required by said seventeenth sectiou to be endorsed "Judi ciary" shall be deposited also a box in which ail ballots which are required by said seven teenth section to be endorsed "County" shell be deposited: also a box iu which all bailots which are required by said seventeenth section to be endorsed "Town" or "City" shall be deposited also a box in which all ballots which are re quired by said seventeenth section to be endorsed "Legislature" shall be deposited also a box in which all ballots which are required by said seventeenth section to be endorsed "Congress" shall lie deposited. At any electioft at which any officers are to be voted for by ballot, or sub ject to lie submitted to vote not otherwise in this section provided for, there shall be provided as many additional IMXCS as there arc additional kinds of ballots required: provided, except in cases of voting amendments to the constitution, or any county seat removal, one additional box may, in the discretion of the judges of election, be provided for till subjects other than those specified in this section. The provisions of this section shall apply only to incorporated cities of more thau live tuousand inhabitants. SEC. 14. The judges of election, or ono of them, immediately lefore proclamatiou is made of the opening of the polls, shall open the bal lot boxes, in the presence of ttie people there assembled, and turu tbexn upside dowu, so as to empty them of anything that is in them, and then lock them and the key thereof shall be delivered to one of the jndges, and the said boxes shall not lie reopened again until for the purpose of couutiug the ballots therein at the close of the polls: and the judges forthwith shall pro *®S3gy claim that the polls are open. Written notice of the hour of closing the polls shall be conspic uously posted up outside the polling place. SEC. 15. No elector shall vote except in the district in which he actually resides. SEC. 10. The only method of voting at any election shall be by ballot. Any person offering to vote shall deliver his ballot or ballots to one of the jndges iu the presenee ot the board. The ballots shall be printed or written, or partly printed and partly written, upon plain white paper, and shall contain the names of the per son or persons for whom the elector intends to vote, designating the office to which each person so named is intended by him to be chosen. SEC. 17. The ballots shall be composed as follows: I. The names of all" the persons voted for by any elector, at any election, in whose ejection all of the voters of the state have the right alike to participate, except electors of president and vicc president, and chief justice and associate justices of the supreme court, shall lie upon one ballot, which ballot shall be endorsed "State." II. The names of all persons voted for by any elector, at any election, for chiet justice or associate justices of the supreme court, judges of the district court or probate judge, shall be upon one ballot, which ballot shall be endorsed "Judiciary." III. The names of the persons voted for by auy clector at any election for any county office or offices, in whose election allot the voters of t-he county have the right alike to participate, shall be upon one ballot, which shall be endorsed "County." IV. The names of the persons voted for by any elector, at any election tor senators or members of the house of representatives, shall be n]Hn one ballot, which shall lie endorsed "Legisla ture." V. The name of the person voted for at any election for representative in congress shall hie "POQ a separate ballot and endorsed "Congress," *1- The names of the persons voted for by any elector, at any election for any town offices, or in any incorporated city for auy city offices, shall be upon one ballot, which ballot shall be endorsed lown," or "Citv" (as the case maybe). At a general election for representatives in congrcss, if any jicrson named in the "Congress" ballot shall be intended to supply a vacancy in the of fice of such representative, the ballots shall designate the congress to which each person is designed to lie clu.sen. When electors of president and vice president ar.i to lie chosen, a 'parate ballot, shall lie given for them, which shall be endorsed "Electors," and shall contain ttie names of the persons designated, bv the voters giving the same, to be electors of presi dent and vicc president, or any of them. The provisions of this section shall apply only to in corporated cities of over five thousand inhab itants. SEC. 18. Every printed liallot shall have a caption or endorsement as provided by law but such caption or endorsement shall be printed in one straight line, black ink and with plain tyj e, of the size now generally known and designated as "Great Primer ltoman Condensed Capitals," and the names of all candidates shall be printed in plain type, with letters of a uniform size. SEC. It). It shall be unlawful for any person to prepirc or distribute or cast any ballots printed or partly prirted contrary to the pro visions of this chapter or to mark the ballot of any voter, or to deliver to any voter such marked ballot for the purpose of ascertaining how lie shall vote at any election. SEC. 20. The judge to whom any ballot is delivered shall, upon the receipt of the same, pronounce iu an audible voicc the name of the person from whom the ballot is received: and, if the name oi' the person is found on the lists or registers before mentioned, the said judge shall without opening the said ballot or permitting the same to be opened or examined, deposit the same iu the proper ballot box, and the clerks or judges of election shall thereupon distinctly check the name of said person ou the lists or registers. SEC. 21. Each clerk of the polls shall make a poll list, which sh il contain one column headed Number," one column headed "Residence," one column headed "Names of Voters," aud as many additional columns as there are boxes kept at. the election. The heading of each additional column shall correspond with the name of one of the boxes so kept. name of each e'ector voting iall be entered by each clerk iu the column of his poll list headed "Names of Voters," the place of residence of each elector so voting, in the column headed "Kesidriice." and, when there shall be more than one box kept, opposite such name shail be written the figure 1 in every remaining column of such poll list correspond ing in heading with the name of each box in which a vote of the elector shall be deposited. In the column headed "Number," the clerk shall write, consecutively the number of each per son voting, the first- voter being numbered one. Said clcrk shall enter in a column opposite the name of each jerson not registered the words,' "Not registered." SEC. 23. Every elector, at the time of offering his vote, shall truly state the street ia which he resides and if the house, lodging or tenement where he resides is numbered, the nnmbsr thereof but clerks of the polls if th- registers contain correctly such name and residence need not make an entry ot the residence In case of his refusal to make the statement aforesaid, the vote of any elector shall not be received. SEC. 24. After the mvass of the votes, pne of said poll lists or registers s-okept and checked as aforesaid shall be attached together, and. on the following day, shall be tiled iu the office of the city, or town, clerk the other of said poll lists or registers so kept and checked shall be returned to th* office of the couutv auditor in said district at the time the returns of the elec tion are made. Th? registers shall at all times be open to public inspection at the office ot the authorities in which they shall be deposited, without charge. SEC. 25. Each judge of election shall chal lenge any person offering to have his name in serted in the poll list, or to vote at any election, whom he knows or suspects to be not duly qualified as au elector. SEC. 2(i. If any person offering to vote at any election shall be challenged in relatiou to his ri^'lit to vote at that eloct ion^by a judge, or by any other person entitled to vote "at the same poll, one of the judges shall tender to him the follow ing oath: "You do swear (or affirm) that vou will fnlly and truly answer all such questions as shall be put to you touchiug your place of residence and qualifications as an elector at this election." The judues. or one of them, slia then proceed to question the person challenged regarding his name, his age. his then place of residence, how long he has resided in the town, ward or elec tion disirict, where tnc vote is offered where W"as his last place of residence before lie came to tiiat town, or ward, and as to his citizenship, whether a native or a naturalized citizen, and, if the latter, when, where and at what court, and before what officer he was naturalized whether lie came into the town or ward for the purpose of voting at that election, and how long ho con templated residing in the town or ward, and uch other questions as tend to test his capa b.lities as a resident in the town or ward, and his right_to vote at that poll. SEC. 27. If the persou so challenged refuse to answer the questions which are put to him, as aforesaid, the judges shall refuse to insert his name iu the poll lists and he shall uot be allowed to vote. SEC. 2S. If the challenge is not withdrawn after the persou so offering to vote has answered ill'* questions put to him as aforesaid, one of the judges of election shall tender him the following oath: "You do swear (or affirm) that you area citizen of the United States, or that you have declared yonr intention to become such citizen conformably to the laws of the United Stutcs on the subject of naturalization, that you are twenty-one years ot ag.- and have been au in habitant of this state for four months imme diately preceding this^lection and au actual citi zen of this election district for ten davs imme diately preceding this election that you have not voted at this election." SEC. 2!. If any persbn refuse to take the oath so tendered his name shall not lie inserted on the poll list aud he shail not lie allowed to vote. SEC. 30. AS soon as the polls are fiuallv closed, of which closing proclamation shall i»e madeby oue of the judges thirty minutes previ ous thereto, the judges shall proceed to cauviss the votes taken at such election, and the said canvass shall be public and continued without intermission until completed ana the result de cltned. The canvass shall commence by taking out of each box the ballots unopened (except so far as to ascertain whether every ballot is single) and counting the same to ascertain whether the number of ballots corresponds with the number appearing on the poll lists to nave been cast in such box: if two or more baliots be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the counting of the ballots ii completed: then, if, on a comparison of the said count with the number of ballots so appe iring to have been cast in such box, it appears that the two bal.otsso found folded together were cast by one elector, they shall be destroyed. If the ballots in any box be found to exceed in number the number of votes cast in such box, atter destroying the billots folded together (.1 any), they shall lie replaced in the box, ami one of the judges shall publicly, and without looking in the box, draw out there from, and destroy unopened, a number of bal lots equal to such excess. The number of ballots agreeing, or being thus made to agree, with the number of votes appear ing in the columns of the poll li3t, correspondent to the respective boxes, the lists shall be signed by the judges and attested by the clerks, and the number of names thereon checked as aforesaid shall be stated in words and figures at the foot of said list and over the signatures of the judges and the attestations of the clerks in the maimer hereinafter provided iu the form of said lists. SEC. 31. The lists of electors provided for herein shall lie substantially in tbe following form, to wit: "List of qualified electors in tbe election dis trict composed of the (township, ward or town. as the case may be) of in the county of State of Minnesota, for an election to be held in the said election district, on the ——day of— eighteen hundred and (The surnames to be inserted in alphabetical order.) The whole number of the above-named persons who were present aud voting at the above named election was (the number to be written in words and in figures,) (signed by tbe judges of election, attested by the clerks of election.) SEC. 32. After tiie said lists are thus signed, the judges shall proceed to count and ascertain the number of votes cast for each person voted for, and the result shall then be distinctly read and, as soon as read and canvassed, the tickets shall be strung by one of the judges upon a stout string, and, as soon aa practicable after the com pletion of the said canvass, shall be deposited ia tbe office of the town, or citv. clerk, and care fully preserved therein until the- next general election and tbe clerks of election shall set down on a paper, to be known as the returns of the election, the names of each person voted for, written out at length, tbe office for which such person received auy votes, and the number oi the votes he received, the number being written out in words aud also iu figures. The said returns shall be as nearly as possible in following form, to-wit: "At an election held at in the (num ber if any) election district composed of (township, ward or town, as the case mav be) in the County of in the State of Minne sota, on tbe day of Eighteen hun dred and the following-named per« sons received the number of votes opp^ site their respective names for the n4 lowing described offices, to wit: For (speci fying the office) A received (the number to be written iu figures and also at length) votes, (aud likewise for every person voted for for anv office )," to be signed by the jndges of election and attested by the clerks of election. Votes rejected by the judges and not counted for any reason shall be strung separately and plainly marked "Rejected Ballots,1* and be deposited with the baliots counted, as above provided. SEC. 33. If a ballot be found to contain a greater number of names for any one office than the number of persons required to fill the said office, the said ballot shall lie considered void as to all tbe names designated to fill such office, but no further: but no ballot shall be void foi containing a less number of names than it authorized to be inserted. No ballot properli indorsed, found in a box different from that designated by its indorsement, shall be rejected, hut shall be counted in the same manner as if found in the box designated by such indorse ment provided, that the counting of snch bal lot or ballots shall not produce an excess of votes above the number of voters designated on the poll-lists. The boxes used at such election shall lie opened and the vote* therein canvassed in the manner above pro vided, but as nearly as may be iu tho following order: First—The box containing the ballots endorsed "Electors." Second—The box containing the ballots en dorsed "State." Third—The box containing the ballots en dorsed "Congress." Fourth—The box containing the ballots en dorsed "Legislature." Fifth—The box containing the ballots en dorsed "Judiciary." Sixth—The box containing the ballots en dorsed "Town" or "City." Seventh—The box containing the ballots en dorsed "County." Anil if any other boxes shall be used at any election in pursuance of law, such other boxes shall be opened and the votes therein canvassed immediately after those hereinbefore si»eeified, in such order as the judges of election at eacu poll may specify. SEC. 34. After the canvass is thus completed the judges of election, before they disperse, shall enclose the said returns in an envelope, seal the same, and endorse thereon the following woras: "Election returns of flic election district of (naming name of town or ward of city), in the county of ———and direct the same to the county auditor of that county and the said re turns shall forthwith be couveyed by one of said judges, to be chosen by lot, if not otherwise agreed upon, and delivered to the said connty auditor a^ his office: provided, that the returns of election in unorganized counties, shall be made to auditor of the county to which they are at tactied for election purposes, and the votes shall be canvassed, and certificates of election issued to the persons elected, in the manner provided in this chapter for canvassing votes and issuing certificates of election in organized counties. SEC. 35. A true copy of the returns made by •the judges shall also be made and certified bv them and forthwith filed by them in the office of the town or city clerk. SEC. 30. There shall be paid out of the county treasury' of each county, to tho persons carrying the returns ot the election to the auditor of the county, the sum of ten cents for every mile traveled in going to and returning from the office of the county auditor, this pro vision to extend to unorganized counties, and to lie paid out of the treasury of the county to which they are attached. All fees for carrying election returns shall be audited and allowed by the board of county commissioners of the proper county in the same manner as other claims are allowed, and may be paid upon the warrant of the couuty auditor. SEC. 37. At all elections to lie held under this chapter, the judges and clerks of election shall receive, as compensation for their services, the sum of three dollars each per day, and all special constables the sum of two dollars per day, to be paid out of the treasury of the proper township, city or town. SEC. 3. No election returns shall be refused by any auditor for the reason that the same are returned or delivered to him in any other than the manner directed herein nor shall the can vassing board of any county refuse to include auy returns in their estimate of votes, on ac count of any informality iu holding any election, or makiug returns thereof but all returns shall be received and the votes canvassed by such canvassing board and included in the state ments, provided there is a substantial compli ance with the provisions of this chapter. SEC. 3!l. The county auditor, the chairman of the board of county commissioners and two justices of the peace of the same connty, of opposite political parties if possible^ to be selected by the auditor, shall constitute the couuty canvassing board, and on or before the tenth day after the election •aid beard shall proceed, after taking Ihe nsual oath OL office, to openly and publicly canvass the returns made to the auditor's office. They shall make a separate statement containing the whole number of votes given iu such county for the office of governor, or lieutenant governor, chief, or associate justices of the supreme court, sec retary of state, auditor of state, treasurer of state, clerk of the supreme court, judges of the district court, and all other officers of the etate the names ot the persons for whom such votes were given, and the number of votes given for each. They shall make another statement for ail couuty officers voted for and the uames of the persons for whom such votes were given. Another statement of the votes given for sena tors and members of the house of representa tives, and the names of the persons for whom such votes were given. Another statement of the votes for the electors of president and vice pres ident. and the names of the persons for whom such votes were given. Another statement of the votes given for representatives in conzrcss in each district, or any or either of them, and the names of the persons for whom such votes were given: auother statement of the votes upon any proposed change of county lines or countvseat and another of the votes given forand against proposed amendments to the constitu tion. Snch statements shall be signed and cer tified by the couuty canvassing board, aud de jiositcd in the said auditor's office, and two copies thereof shall be certified under the offi cial seal of the auditor, one of which shall be en closed and directed to the secretary of state and be forwarded to the seat of government by mail, and the other list shall lie enclosed and forwarded to the secretary of state iu like man ner as the first copy, but by different mail, and within five days after such first copy shall liav been so transmitted. In the event that neitliei of such Amies so transmitted shall be received by the secretary of state within twenty days atter the election, the couuty auditor shall transmit, by a messenger to be deputed by him, upon notification from the secretary ot state, an other copy of such statement. If w'ithin twenty days after such election, no such copy shail have been rec jive by the secret iry of state from eact county in the state, it shall be his dnty to im mediately notify the auditor of each eountv Irom which such returns have not been received, of such fact. The county auditor shall endorse on the envelope inclosing each of such state ments or copies, the name of the auditor andnis official residence and the words "Electiou re turns." SEC. 40. Any three of said connty canvassing board shall constitute a quorum and are author ized to make the canvass provided for in the last section. SEC. 41. The secretary of state shall call tc his assistance two or more judges of the su preme court and two disinterested judges oi the district court of this state, who shall con stitute the State Cauvassing Board. The secre tary of state shall appoint a meeting of tli State Canvassing Beard, to be held in his of fice, the third Tuesday of December after each general election, and within thirty days after a special election. It a majority of said board shali be unable, or shall fail to attend on the day ap pointed, he shall select from among the disin terested judges of the supreme court, and no tify to attend, as many as may be necessary tc constitute the required number. L'i»on bein^ notified said judges shall attend without delav, and, with the officers attending, shall form the board. SEC. 42. The board, when formed, shall, upoa the certified copies of the statements made bj the County Canvassing Boards, proceed to mak« a statement of the whole number of votes given at such election for the various state officers, which statement shall contain the names of the persons to whom snch votes have been given for any state office, and the whole number of votes given to each, distinguishing the several coun ties in which they were given. Said board shall ccrtify such statement to lie correct, and sab scribe the same with their proper names. SEC. 43. At the same time said canvassing board shall open the returns made to the secre tary of state for members of congress, and for electors or president and vice president of the United States, and shall forthwith proceed to make a statement of the number of votes given for the different persons voted for for the said offices, and the person or persons haviug the highest number of votes for each office shall be considered duly elected but if it appear that more than the number of persons to lie elected as electors of president and vice president have the highest and an equal number of votes, the secretary of state, in the presence of the officers present, shall decide by lot which of the persons shall be elected as such electors and to each person duly elected, the governor shall give a certificate of election, signed by him, sealed with tbe great seal and countersigned bv the secretary of state, and shall transmit the said certificate to each person so elected, and shall cause the election of electors to be pub lished in the newspapers printed at the seat of government immediately after the said canvass is completed. If there shall be a tie in the number of votes received by candidates for represent*-