The Appeal. [volume], April 29, 1905, Minnesota Law Supplement, Page 8, Image 12

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tmong other things, to contract with
luch person, persons or corporation, or
:heir assigns, for the furnishing of wa
ter, gas, electric light, heat or power, or
jither of them, to such village, or the in
habitants thereof, and any such person,
persons or corporation, or their assigns,
lias expended money in the construction
ind maintenance of said water works, or
?as, electric light or heating plant, or
either of them, and is now furnishing
such village and its inhabitants with
water, gas, electric light, heat or power,
Dr either of them, such grant and con
tract are hereby in all things ratified,
legalized and confirmed.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 13, 1905.
CHAPTER 170H. F. NO. 227.
AN ACT to authorize cities in this state
having a population of not less than ten
thousand and not more than twenty
thousand inhabitants to repair, recon
struct and rebuild bridges, and to issue
bonds for such purposes.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1 Whenever any city in this
state, now or hereafter having a popula
tion of not less than ten thousand nor
more than twenty thousand inhabitants
according to the then last preceding of
ficial national or state census, has, by
authority of law. constructed, built, pur
chased or otherwise lawfully acquired
anv bridge across any navigable stream
either wholly within the limits of any
such city or partially within and par
tially without the limits of said city, or
partly within the limits of said city and
connecting with and partly within any
state bordering upon the State of Min
nesota, every such city shall have the
power and authority to repair, recon
struct and rebuild from time to time any
such bridge, whenever the same may be
determined to be necessary by a two
thirds vote of all the members of the
citv council, or other governing body of
such city, and every such city is hereby
authorized to issue its bonds in the man
ner hereinafter specified for any or all
of the purposes aforesaid, provided that
the amount of bonds issued by authority
of this act shall not exceed two per cent
of the assessed valuation of the taxable
property of such city, according to the
then last preceding equalized valuation
thereof as determined by the state board
of equalization
Sec 2 Every citv issuing any bonds
under authority of this act is hereby re
quired to lew each year thereafter the
necessarv tax upon all the taxable prop
erty of such city, for the purpose of pay
ing the interest upon bonds so issued and
of creating a sinking fund to pay such
bonds as they mature, said sinking fund
to ho known as the bridge bond sinking
fund, until the bonded indebtedness here
by authorized shall be extinguished, and
such sinking fund shall not be diverted
to or used for anv other purpose.
Seo 3 No bonds shall be issued here
under bv any citv for any sum in excess
of the actual cost or contract price of
repairing, reconstructing or rebuilding
anv such bridge.
Sec 4. Anv such citv is herebv author
ized and empowered, bv a two-thirds vote
of the common council or other govern
ing bodv thereof, to contract on behalf
of said city for the repairing, reconstruc
tion or rebuilding of any such bridge,
and provide for the payment thereof on
such terms and at such times as to such
council or other governing body, shall
seem proper. Provided, however, that no
such contract providing for anv expendi
ture in excess of $-".00 shall be entered
into unless the resolution authorizing the
simo shall be first approved by the mayor
of such citv. or adopted bv three-fourths
(34) vote of the citv council or other gov
erning: bodj when not approved by such
mavoi and an advertisement for sealed
bids for the performance of such con
tract shall be first published by the clerk
or recorder of such city at least once in
each week for three successive weeks in
the ofTici.il newspaper of such citv. The
council, or other governing body, shall
haw authority to prescribe such terms
and conditions relative to the making of
such bids for such contract and relative
to the security which each bidder shall
be required to make or deposit with such
bid, as to such council, or other govern
ing body, shall seem expedient and
proper, and shall have authority to re
ject anv and all bids.
Sec. 5. The bonds of any such city,
issued pursuant to the terms of this act,
may be issued and sold from time to
time as determined and authorized by
ordinance oi resolution adopted by the
affirmative vote of two-thirds of all the
members of the citv council, or other
governing body of such city, and shall
be issued in such denominations and shall
be payable at such times and at such
place or places and in such installments
as may be provided in such ordinance
or resolution, and shall bear interest at
not to exceed four peii cent per annum,
which shall be evidenced by coupons at
tached to such bonds, and such interest
shall be payable at such times and at
such place or places as may be specified
in such ordinance or resolution. Such
bonds shall be sealed with the seal of
the city issuing them and be signed by
the mayor and citv clerk, or recorder,
and such coupons shall be signed by the
mavor and city clerk, or recorder and
such bonds shall not be sold for less
than par value and accrued interest to
the highest responsible bidder after no
tice published once in each week in a
daily newspaper, if one there be in such
cit if not, then in a weekly newspaper
in such city, and also in a daily news
paper published in the city of St. Paul.
A failure to publish said notices, how
ever, shall not invalidate such bonds.
Sec 6 None of the proceeds of any of
the bonds issued pursuant to the pro
visions of this act, nor any part thereof,
shall be used for any other purpose than
the purposes hereinbefore specified, which
purpose or purposes shall be distinctly
set forth in the ordinance or resolution
authorizing the same.
Sec. 7 None of the bonds of any such
citv, issued pursuant to the terms and
provisions of this act. shall be deemed
or taken to be a part of the indebtedness
of such citv within the purview of any
law limiting the amount of the bonded
or other indebtedness of any such city,
and the bonds authorized by this act
may be issued notwithstanding and with
oit regard to an" limitation of the in
debtedness of such city. Nevertheless,
the full faith and credit of every such
city is pledged to the full payment of
all such bonds and interest.
Sec. 8. This act shall take effect and
be in force from and after its passage.
Approved April 13, 1905.
CHAPTER 171H. F. NO. 438.
AN ACT to amend section sixteen (16)
of chapter three hundred thirty-three
(333) of the Laws of 1903, being "An
act fixing and regulating the collection
and disposition of fees of clerks of the
district court in counties having or
which may hereafter have a population
of two hundred thousand (200,000) in
habitants or over."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. T"hat section sixteen (16) of
chapter three hundred and thirty-three
(333) of the Laws of 1903 be amended so
as to read as follows:
Section 16. In determining at any time
to what counties this act shall apply
reference shall only be had to the United
States census last taken.
Sec. 2 This act shall take effect and
be in force from and after its passage.
Approved April 13, 1905.
CHAPTER 172H. F. NO. 541.
AN ACT to authorize any city of this
state, now or hereafter having a popu
lation of over fifty thousand (50,000), to
issue bonds of such city for the purpose
of taking up by payment, exchange or
otherwise, bonds which are a lien or se
cured by a lien upon a water or gas
plant, or both, now owned by such city,
and to make such bonds a lien upon
such plants or either of them.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That any city in the state of
Minnesota, now or hereafter having a
population of over fifty thousand (50,000).
is hereby authorized and empowered
to issue and sell bonds of such
city in such amount as shall be
deemed necessary for the purpose of
taking up by payment, exchange
or otherwise, bonds which are at the
time of the issuance of bonds under
this act, a lien on .ny water or gas plant,
or both, now owned by such city, or are
secured by a mortgage or trust deed,
thereon provided, that the total amount
of bonds issued under this act shall not
exceed the total face value of such bonds
so proposed to be taken up by payment,
exchange or otherwise, as heroin pro
vided.
Sec. 2. Said bonds so authorized to be
tssued shall always be general obligations
of said citv and shall be a first lien upon
R1* water and light plants and structures
of every kind and all property acquired
or used in connection therewith, owned or
purchased by the city.
Sec. 3. Said bonds authorized by this
act shall in no event bear a greater rate
of interest than five per cent (5 per cent)
per annum, and shall in no event be sold,
exchanged or otherwise disposed of, for
less than the par value thereof but the
provisions of chapter 355 of the General
laws of Minnesota for the year 1897, with
reference to the issuance and sale of
bonds shall not apply to the bonds which
may be issued under the provisions of
this act.
Sec. 4 Said bonds may be issued
whenever the common council of any
such city shall, by a three-fourths vote
of all its members, authorize the issuance
thereof, any law of this state in the form
of a city charter or otherwise requiring,
a vote of the people on such issuance of
bonds to the contrary notwithstanding.
The sale, exchange or other disposal of
such bonds shall also be made, except as
specifically provided for hereii as such
council by a three-fourths vote of all its
members may determine but the bonds
authorized to be issued hereunder may be
issued at any time after the passage of
this act and may be used to take up any
bonds referred to in section 1 of this act
at any time before or after the maturity
thereof
Sec. 5. None of the bonds of any such
*ity issued under this act. shall be
deemed or taken to be a part of the in
debtedness of such city, within the mean
ing of any law or citv charter limiting
the amount of the indebtedness of any
such city and the bonds provided for in
this act may be issued and sold or ex
changed without regard to any law limit
ing the amount of indebtedness of any
such city.
Sec. This act shall take effect and
be in force from and after its passage.
Approved April 13, 1905.
CHAPTER 17:*-S. F. NO. 262.
AN ACT to legalize and confirm the ac
tion of boards of county commissioners
who have purchased property for the
use of poor persons and to provide for
the payment therefor.
Be it enacted by the Legislature of the
State oi Minnesota:
Section 1. That whenever the board of
county commissioners of any county hav
ing the county systems of caring for the
poor has purchased for and in the name
of the county any personal property
with a view to its use by persons who are
a county charge in helping to support
themselves and have incurred a debt
therefor, and said county now owns said
property, said debt is hereby legalized,
and such board may allow and pay the
same in any sum not exceeding three
hundred dollars the same as other debts
against said county
Sec. 2 This act shall take effect and be
in force from and after its passage.
Approved April 14. 1905.
CHAPTER 174S. F. NO. 396.
AN ACT permitting any weekly news
paper to change its day of publication
without losing its standing as a legal
newspaper
Be it enacted bv the Legislature of the
State of Minnesota:
Section 1. It shall be lawful for any
legal weekly newspaper in this state to
change its dav of publication without
losing its standing as a legal newspaper,
and the publication of any legal notice
affected bv such change of day of pub
lication is herebv made valid.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1905.
CHAPTER 175S. F. NO. 402.
AN ACT to authorize the board of county
commissioners of any county not al
ready owning a county court house, to
issue its bonds, and to use the proceeds
thereof for the building of a countv
court house
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. The board of county com
missioners of anv county of the State of
Minnesota, which does not alreadv own
a countv court house, is hereby author
ized and empowered to issue the bonds
of said county to such an amount as, in
its judgment, may be necessary, but not
exceeding one per cent of the assessed
valuation of its real and personal prop
erty, as fixed by the last preceding as
sessment for general taxation, for the
purpose of building a county court house
in said county. ,,,_, r.
Sec 2 The said bonds shall be in such
sums as the board of county commis
sioners shall determine, and shall bear
interest at a rate, not exceeding six per
cent per annum, payable semi-annually,
such interest to be evidenced by interest
coupons to be attached to such bonds.
The principal shall become due and pay
able at such time or times as the said
board of county commissioners may bv
resolution determine, not less than five
(5) or more than twenty (20) years from
the date of issue of said bonds respec
tively.
Sec. 3. The bonds and interest coupons
attached shall be signed by the chairman
of the board of county commissioners,
and attested by the auditor and sealed
with his official seal, and made payable
at such place within the state as the said
board mav determine.
The auditor shall keep a record of all
bonds issued under the provisions of this
act, which record shall show the date,
number and amount of each bond, the
rate of interest, the time when due, the
place where payable, and the name or
the party to whom issued.
Sec 4. The board of county commis
sioners shall annually after the date of
issuance of said bonds, lew a tax upon
the taxable property of said county, in
addition to all other taxes levied, suffi
cient to pay the interest accruing yearly
upon the bonds issued in pursuance of
this act. and when any of the principal
is about to become due, it shall in like
manner lew a sufficient amount of taxes
to pay such principal when due.
Sec 5 The board of county commis
sioners shall have authority to negotiate
said bonds, but for not less than their
PSec 6" The board of county commis
sioners of anv county issuing such bonds
shall use the proceeds thereof for the
purpose of building a county court house
in such county, and for no other purpose.
Sec 7. The powers by this act con
ferred are additional to all other powers
conferred bv law.
Sec 8 This act shall take effect and
be in' force from and after its passage.
Approved April 14. 1905.
CHAPTER 176S. F. NO. 508.
AN ACT giving to the railroad and
warehouse commission jurisdiction over
freight rates and classifications, and
pover to inspect books of all common
carriers in this state.
Be It enacted by the legislature of the
State of Minnesota:
Section 1 All common carriers subject
to the laws of this state shall have the
right in the first instance to prescribe
and publish, as required by law, all clas
sifications and tariffs, rates and charges,
together with rules governing the same,
including minimum weights for the
transportation of any freight articles be
tween points or stations in the State of
Minnesota this act shall include all ter
minal and switching charges. There shall
be but one classification, which shall be
uniform on all the railroads in this
state, and shall govern in all state com
mcrcc
Sec. 2. In addition to the present re
quirements for publishing tariffs, rates,
charges and classifications, all common
carriers in this state shall, whenever
anv new tariff or classification or any
amendment to any tariff or classification
is published either by itself or the com
mission, post in a conspicuous place in
every depot where the public would be
affected, a notice printed in large, legible
type, stating that changes have been
made, indicating upon what articles or
commodities, and where the new tariff,
classification or amendment may be seen.
Sec. 3. The schedule of rates and
charges for the transportation of freight
and cars, together with the classification
of such freights, minimum weights and
rules now in effect, and all rates, charges
and classifications published by any com
mon carrier after the passage of this
act shall be deemed just and reasonable
and shall not be changed except upon
the order of or by the written consent
of the railroad and warehouse commis
sion, hereafter called the commission.
The terms of this act shall also apply to
all schedules of rates and charges pub
lished by two or more common carriers
jointly.
Sec. 4. Nothing in this act shall apply
to the carriage, storage or handling by
any common carrier, of property free or
at reduced rates, for the United States
or the State of Minnesota, or for any
municipal government or corporation
within the state, or for any church, re
ligious society or charitable purpose, or
to or from fairs or expositions, or for
stock breeding purposes, or for carrying
seed grain.
Sec. 5. Any common carrier desiring
to change or discontinue any published
rate, charge or classification, minimum
weight or rule governing the same to
which it is a party, shall make applica
tion to the commission in writing, stat
ing the changes in rules, rates, charges
or classifications desired, giving the rea
sons for such change. Upon receiving
such application, the commission shall
fix a time and place for hearing, and
give such notice to interested parties as
it shall deem proper and reasonable, and
after hearing all the evidence offered, if
the commission find that it is reasonable,
fair and just to both shippers and car
riers that the change should be allowed
as asked for, it shall grant the applica
tion otherwise, it shall deny the same,
or may grant the same in a modified
form. Passenger rates are not affected
by this act.
Sec. 6. Upon the application of any
carrier or carriers to the railroad and
warehouse commission, stating that they
desire to put in an emergency rate for
tht protection of the interests of such
carrier or shippers, the commission may
before such rate is established and with
out the notice and hearing required by
section five, authorize the restoration of
the rates existing at the time of such
application and fix the time within
which such restoration may be made,
and the time so fixed may be extended
in the discretion of the commission as
the circumstances of the case may re
quire. Nothing in this act shall be held
in any way to limit or modify the rights
and powers of the commission to inves
tigate, lnauire into, prescribe and pub-
lish what it may deem to be just and
reasonable rates, charges and classifica
tions to govern common carriers in this
Sec. 7. Any common carrier violating
any of the provisions of sections 2, 3
and 5 of this act, shall be subject to a
penalty of one hundred dollars for each
and every day such violation shall con
tinue, to be recovered in a civil action
in the name of the State of Minnesota
by the attorney general.
Sec. 8. It is hereby made the duty of
the commission to keep itself informed
as to whether common carriers in this
state are granting rebates or in other par
ticulars are failing to comply with the
laws of this state. For this purpose
power is hereby conferred on the com
mission or its agent to at any proper
time make thorough and full examina
tion of all books, vouchers, papers and
accounts of any and all common carriers
of this state. Any officer, agent or em
ploye of any railroad company in charge
of such books, vouchers, papers and ac
counts who shall fail or refuse to sub
mit the same for examination of the
commission or its agent, shall be guilty
of misdemeanor. The provisions of this
section shall in no way interfere with
the duties of the public examiner.
Sec. 9. All acts- and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 10. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1905.
CHAPTER 177-S. F. NO. 509.
AN ACT providing a penalty for the giv
ing of a rebate, or other favor by any
common carrier for the transportation
of freight and a penalty for any person
receiving the same.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. It shall be unlawful for any
common carrier in this state, by any
special rate, rebate, drawback, or other
device to directly or indirectly charge,
demand, collect or receive from any per
son, firm or corporation a greater or less
compensation for any service rendered in
the transportation of any property within
this state than its regular established
schedule of rates and charges for like
and contemperaneous service for any
other person or for the public generally
and it shall be unlawful for any such
common carrier directly or indirectly to
offer or give any shipper in connection
with, or as an inducement or reward for
receiving any property for transportation
from any such shipper, any gift, gratuity
or free paps whereby any passenger or
freight shall thereafter be transported
over the lines of such common carrier
free, or at any rate less than that offered
to the public, and in either such case
such common carrier shall be deemed
guilty of unjust discrimination and shall
be punished by a fine not exceeding five
thousand dollars. And any person who
shall knowingly either for himself or for
any firm or corporation directly or indi
rectly receive from any common carrier
any such reduction of rate, rebate, gratu
ity or other favor as is herein declared to
be an unjust discrimination by such com
mon carrier shall be guilty of a misde
meanor.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1905.
CHAPTER 178S. F. NO. 17.
AN ACT to amend section 19 of chapter
292 of the General Laws of the State of
Minnesota for the year 1897, entitled
"An act relating to mortgages and con
veyances of personal property and con
tracts creating or reserving a lien there-
on."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section 19 of chapter
292 of the General Laws of the State of
Minnesota for the year 1897 be and the
same is hereby amended to read as fol
lows:
"Sec. 19. Every note or other evidence
of indebtedness, or contract, filed pursu
ant to the provisions of this act, shall be
held and considered to be full and suffi
cient notice to all parties interested of
the existence and conditions thereof, but
shall cease to be notice as against the
creditors of the vendee and subsequent
purchasers and mortgagees of the prop
erty in good faith after the expiration of
six (6) years from the day on which said
note or other evidence of indebtedness,
or contract, or the last installment of the
sum secured thereby, becomes due."
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 179S. F. NO 33.
AN ACT to amend section seven thou
sand one hundred and fifty-six (7156) of
the General Statutes of Minnesota for
1894, relating to examinations and
recognizances.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section seven thousand
one hundred and fifty-six (7156) of the
General Statutes of Minnesota for 1894
be amended so as to read as follows:
Sec. 7156. All examinations and recog
nizances, taken by any magistrate in pur
suance of the provisions of this chapter,
shall be certified and returned by him to
the clerk of the court, before which the
party charged is bound to appear, within
ten (10) days after such examination has
been had or said recognizance taken, and
shall be filed in said court and if such
magistrate neglects or refuses to return
the same he may be compelled forthwith
by rule of court, and, in case of disobedi
ence, may be proceeded against by at
tachment as for contempt.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 180-S. F. NO. 317.
AN ACT to legalize certain ditches,
drains or water courses to drain shal
low, grassy, meandered lakes located
and established, or attemnted to be
located and established under and pur
suant to the provisions of chapter 258
of the General Laws of 1901. and
amendments thereto, and to declare
legal and valid all assessments and
Hens levied under and pursuant to said
act.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. Where the county commis
sioners of any county of this state in
pursuance of chapter 258 of the General
Laws of 1901 and amendments thereto
have located and established, or attempt
ed to locate and establish any ditch,
drain or other water course to drain any
shallow, grassy, meandered lake, the
petition for which states that the lake so
authorized to be drained is a shallow,
grassy, meandered lake of not over four
feet in depth, that a deed of consent to
the drainage of said lake duly executed
by all the persons owning lands adjacent
or contiguous to said lake and the outlet
thereof has been duly filed and recorded
in the office of the register of deeds of
the county in which such lake is situated,
and that said ditch, drain or other water
course will greatly enhance the public
health, convenience or welfare, or be of
public benefit or utility, and the county
commissioners in granting such petition
have found and determined, or shall find
and determine that said proposed ditch,
drain or other water course will be con
ducive to the public health, convenience
or welfare, or be of public benefit or
utility, said ditch, drain or other water
course is hereby legalized and declared
to be conducive to the public health, con
venience and welfare and of public bene
fit and utility and any assessments or
liens levied or that may hereafter be
levied against the lands benefited by the
construction of any ditch, drain or other
water course by the county audi
tor of any county for the cost
of the establishment and the construc
tion of the same pursuant to the pro
visions of this act are herebv legalized
and declared to be valid and of full force
and effect and a lien against said lands
until paid, in the time and manner set
forth in sections twenty (20) and twen
ty-one (21) of said chapter 258 of the Gen
eral Laws of 1901, as amended by chap
ter 38 of the General Laws of 1902 and
chapter 315 of the General Laws of 19ud
Sec. 2. Nothing herein contained shall
affect any action or proceeding now pend
ing-
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 181-S. F. NO. 324.
AN ACT to amend chapter one hundred
and seventy-five (175) of the General
Laws of eighteen hundred and ninety
five (1895), as amended by chapter two
hundred thirty-four (234) of the General
Laws of eighteen hundred and ninety
nine (1899), relating to insurance.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section ninety-seven
(97) of chapter one hundred and seventy*
five (175), of the General Laws of eigh
teen hundred and ninety-five (1895), as
amended by section four (4). chapter two
hundred and thirty-four (234), of the
General Laws of eighteen hundred and
ninety-nine (1899), be and the same is
hereby amended so that the same when
amended shall read as follows:
"Sec. 97. No company in this state
other than fire, marine or fire and ma
rine, hail, farmers' mutual or real estate
title insurance companies shall do busi
ness in this state unless it has on de
posit with the insurance commissioner
of this state as security for all its
policy holders, stocks or bonds, of this
state, or of the United States, or bonds
of any of the municipalities of this state,
or personal obligations secured by first
mortgage on real estate within this
feENERAL VAWS OF MINNESOT-'^irHMW^M0^h^^^f^^"^J A PASSED AT THE LEGISLATIVE SESSION
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state, worth, exclusive of buildings, the
amount of the lien, and bearing interest
of not less than three (3) per cent per
annum, to an amount, the actual market
value of which, exclusive ol interest,
shall never be less than one hundred
thousand dollars ($100,000), except in case
of companies organized to insure bicycles
against loss from theft, the amount pf
such deposits for such companies shall
never be less than ten thousand dollars
($10,000). -which stocks, bonds or mort
gages shall be retained by the insurance
commissioner and be disposed of as di
rected by law.
Provided, however, that the deposit of
mortgages on real estate shall not exceed
the amount of fifty thousand dollars
($50,000). As long as any policies of the
depositing company remain in force, the
insurance commissioner shall hold th
said deposit as security for all holders
of its policies. Provided, any insurance
company of any other state of the Unit
ed States may file with the insurance
commissioner of this state a certificate
of the insurance commissioner of such
other state, that, as such officer, he holds
in trust and on deposit for the benefit of
all the policy holders of such company
a deposit of not less than one hundred
thousand dollars ($100,000) par value of
such securities as are required or pei
mitted to be deposited with him by the
laws of such state, such securities to be
of the character in which insurance com
panies are authorized to invest under
the laws of this state, stating the items
of the securities so held, and that he is
satisfied that such securities are worth
one hundred thousand dollars ($100,000).
No deposit shall be required in this state
while the said deposit, so certified, re
mains."
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 and after its passage.
Approved April 15, 1905.
CHAPTER 182S. F. NO. 336.
AN ACT to authorize county commis
sioners to allow the county superin
tendent of schools certain expenses in
cases where the salary of the county
superintendent of schools does not ex
ceed fourteen hundred dollars ($1,400)
per annum.
B'e it enacted by the Legislature of the
State of Minnesota:
Section 1. That in all counties in this
state where the salary of the county
superintendent of schools does not ex
ceed _the sum of fourteen hundred ($1,400)
dollars per annum, the board of county
commissioners is hereby authorized to
allow such superintendent a reasonable
sum for traveling expenses and expenses
of keeping one team, but the expenses so
allowed shall not in the aggregate, ex
ceed the sum of two hundred and fifty
($250) dollars in any year. The provisions
of this act shall apply to counties where
the compensation of the superintendent
is fixed by special act, as well as when
the same is established by general law.
Sec. 2. The county superintendent may
hold county institutes for teachers in
different parts of the county not to ex
ceed five (5) such institutes in any one
(1) year, and the county commissioners
sh.ill allow bills for personal expenses for
said county superintendent in holding
such institutes not to exceed the sum of
fifty dollars ($50 00) in any one (1) year.
Sec. 3. Nothing in this act shall be
construed to repeal chapter two hundred
(200) of the General Laws of Minnesota
for the year 1903 or chapter three hun
dred and ninety-eight (398) of the Gen
eral Laws of Minnesota for the year 1903.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 183-S. F. NO. 385.
AN ACT to amend chapter 371 of the
Laws of 1901 relating to public schools.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That the first proviso of sec
tion one (1), chapter three hundred seven
ty-one (371), of the Laws of Ninteen
Hundred and One (1901), be amended so
as to read as follows:
"Provided, that when the territory of the
district or districts to be affected by such
formation, alteration, consolidation or set
ting off of any freeholder from one dis
trict and attaching him to another con
sists of parts of two or more counties, the
petition shall be in duplicate or more, as
the case may be, and one presented to the
commissioners of each of such counties,
who shall severally proceed to hear the
petition in the manner directed that to
effect the formation, alteration, consoli
dation or setting off of any freeholder
from one district and attaching him to
another, in such petition desired, shall
require the concurrent action of the com
missioners of each of such counties. The
determination of the commissioners of
each county shall be entered upon their
records In the several counties by the
several county auditors, who shall file
the copies thereof with the clerks of the
districts affected thereby in their respec
tive counties in the manner directed, and
also with the county auditors in each of
the counties petitioned.
Provided further, that whenever the ter
ritory of such district in either of said
counties has an assessed valuation of not
less than fifty thousand dollars ($50,000),
and has resident therein not less than fif
teen (15) children of school age, the
county commissioners of either county
may organize that part of such district
lying in their county into a separate
school district, or consolidate the same
with an adjoining district in the same
county.
Provided that this act shall only apply
to counties having a population of 225,000
or more and counties adjoining thereto.
Sec. 2. That in case any division of a
school district is made under this act,
the county commissioners of the counties
in which said district is situated shall
divide and apportion property of such dis
trict in proportion to the assessed valua
tion thereof.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 184S. F. NO. 451.
AN ACT entitled "An act creating pen
sions for disabled and retired police
matrons in cities now or hereafter hav
ing a population of 50,000 inhabitants
and providing for a fund out of which
pensions shall be paid in accordance
with chapter 159 of the General Laws
of 1903. as subsequently amended by
H. F. No. 542, 1905.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. Tn every city in this state
now or hereafter having a population of
over 50,000 inhabitants where there is or
may be created a police pension fund
governed and managed by a police pen
sion board in accordance with the pro
visions of chapter 159 of the General
Laws of 1903, as subsequently amended
by H. F. No. 542, 1905, such police pen
sion board are hereby further author
ized to make further provisions for
creating pensions for disabled and re
tired police matrons in said cities.
Sec. 2. That every paid municipal
police department now existing or which
may hereafter be organized may and are
hereby authorized, in addition to the
provisions contained in chapter 159 of the
General Laws of 1903 as amended by H.
F. No. 542, 1905, to provide and permit
and allow said police pension board so in
corporated or so organized to pay out of
and from any funds it may have re
ceived from the State of Minnesota or
from any other source a service pension,
not exceeding, however, the sum of $25
per month to each police matron who
shall have arrived at the age of 45
years or more and shall have done active
service as police matron for a period of
ten years or more in the police depart
ment of such city in which such pension
board shall be so organized or who hav
ing been disabled physically or mentally
while in the performance of her duties as
such police matron so as to render nec
essarv her retirement from active service
as police matron may be placed upon the
pension list of said association and shall
receive such pension as above provided as
though the same were provided for In the
articles of incorporation or constitution
and by-laws of said association.
Sec. 3. The pension authorized by this
act shall not be paid to any police
matron while drawing salary in any
amount from said police department.
Sec. 4. Each and every of the pro
visions of chapter 159 of the Laws of 1903
as amended by H. F. No. 542, 1905, are
hereby made subject to the provisions of
this act for the purpose of allowing all
police matrons in cities of 50,000 in
habitants and over to obtain the same
privileges and benefits as disabled and re
tired policemen in such cities.
Sec. 5. This act shall take effect and be
in force from and after its passage.
Approved April 15, 1905.
CHAPTER 185-S. F.. NO. 520.
AN ACT to provide for printing, binding.
publishing and distributing the Revised
Laws, 1905.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. The attorney general, the
secretary of state and the state printer
are hereby appointed and required to
serve as a commission to provide for
printing, binding, publishing and dis
tributing the Revised Laws, 1905.
Sec 2. The said commissioners may
determine whether said Revised Laws
shall be published by the state or by a
private person, and are authorized to en
ter into contracts, for and on behalf of
the state, for printing, hiding, publish
ing and distributing said Revised Laws,
they are authorized to fix the ajnount:for
which such Revised Laws shall be sold,.
but the price shall not exceed fl^ge. dollars
per volume to citizens or residents'tjf the
state they shall cause said Revised Laws,
when printed, to be copyrighted for the
state, and they shall not sell or transfer
the copyright to any person and if said
Revised Laws are published by a private
person, said commissioners shall pur
chase not to exceed one thousand copies
for distribution among the public officers
of the state and for exchange.
Sec. 3. The secretary of state shall be
the custodian of the copies of said Re
vised Laws owned by the state and he
shall distribute them among the public
officers of the state as said commission
ers shall prescribe.
Sec. 4. Ten thousand dollars, or so
much thereof as may be necessary, are
hereby appropriated to carry out the pro
visions of this act, but said commission
ers shall serve without compensation.
Sec. 5. The Revised Laws, 1905, as
published under the provisions of this act
shall be competent evidence of the laws
therein contained in all the courts of this
state without further proof or authentica-
Se'c. 6. The Revised Laws, 1905, shall
not be published otherwise than under the
provisions of this act.
Sec. 7. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 186-S. F. NO. 366.
AN ACT to amend chapter 336 of the
laws of 1903 relating to the preserva
tion, propagation, protection, taking,
use and transportation of game and
flsh-
Be it enacted by the Legislature of the
State of Minnesota: __,
Sec. 1. Amend chapter 336 om the laws
of 1903 by adding thereto the following
sections:
Nets or seines in boundary waters:
The taking of any fish with or the plac
ing, maintaining or using a net or seme
in any river, lake or waters forming the
boundary line between Minnesota and any
other state of the United States, is here
by prohibited and made unlawful, except
in Lake St. Croix, Lake Pepin an* the
Mississippi river, where they form the
boundary between the states of Minne
sota and Wisconsin, where the same are
placed, maintained and used in the man
ner hereinafter prescribed and except al
so the person so placing, maintaining or
using any such net or seine shall first
obtain from the commission a license
therefor, and shall have complied with all
the requirements of this chapter.
Sec. 2. Nets may be used in boundary
waters, when: The game and fish com
mission shall between the first day of
May and the first day of April following,
upon written 'application therefor, issued
to any resident of this state, a license to
use seines, or pound nets of not less than
two and one-fourth inch bar and gill
nets of not less than a four-inch bar,
fyke nets or hoop nets, in Lake St.
Croix, Lake Pepin and the Mississippi
river where they form the boundary be
tween the states of Minnesota and Wis
consin, for the purpose of catching buf
falo fish, carp, red horse, suckers, sheep
head, eel-pout, garfish, dogfish, sturgeon
and catfish. Such nets shall not be used
by any licensee except in the manner pro
vided for in this chapter and only upon
compliance with such regulations as are
prescribed by the commission or its
executive agent.
Every licensee shall immediately return
to the water all fish not above enumerated
when taken in any net used by or under
his control.
Sec. 3. Application for such privilege
shall state the name and residence of the
applicant, where it is his intention to lo
cate the same, and shall be accompanied
by a license fee of twenty-five dollars
()(i25) for such privilege.
Prior to the issuance of a license to
any applicant he shall make and deliver
to the game and flsh commission a bond
running to the State of Minnesota in a
penal sum to be fixed by the commission,
conditioned that in the use of said nets,
and in the shipping of flsh caught therein
he will in all particulars comply with the
laws of the State of Minnesota and the
rules and regulations of the game and
fish commission. Upon the failure of
any licensee to comply with any of the
provisions of the laws of the State of
Minnesota, and the rules and regulations
laid down by the game and flsh com
mission regarding the^use of said nets,
the said commission may, and it is here
by made its duty to cancel his license and
declare his bond forfeited. The commis
sion shall employ a sufficient number of
wardens to rigidly enforce the provisions
of this section.
Sec. 4. Nothing in this chapter con
tained shall be construed as prohibiting
the shipment of the fish named in this
chapter, either within or without the
state, when caught pursuant to the pro
visions of this section.
Sec. 5. Any person who shall place,
use or raise any net in the above men
tioned waters without first complying
with the provisions of this chapter, or
who shall place, use or raise any net
after his license shall have been, ror any
cause, cancelled by said commission, or
who shall fail to at once return to the
water any flsh not allowed to be taken
according to the provisions of this chap
ter, or who shall ship, cause to be shipped
or had In possession or under control for
the purpose of shipping contrary to any
of the provisions of this chapter, shall
be deemed guilty of a misdemeanor and
shall upon conviction thereof be punished
by a fine of not less than fifty ($50) nor
more than one hundred ($100) dollars, or
by Imprisonment for not less than sixty
(60) or more than ninety (90) days, or
both for each and every offense.
Sec. 6. No person or association or
combination of persons shall be permit
ted to use more than one net of the same
kind during any season. Any person or
combination of persons using or control
lig more than one net of the same kind,
or any combination of persons for the pur
pose of controlling the use or output i
more than one net of the same kind shall
be deemed guilty of a misdemeanor and
upon conviction thereof punished by a fine
of not less than fifty (50) nor more than
one hundred (100) dollars or by imprison
ment for not less than sixty (60) nor more
than ninety (90) days for each and every
offense.
Sec. 7. Jurisdiction of courts, war
dens, etc.: For the purpose of enforcing
the provisions of this chapter the courts
of this state sitting in the various coun
ties contiguous to said waters, and said
commission and wardens duly appointed
by it, are hereby given and shall have
jurisdiction over the entire waters of
the state to the furthermost shore lines
and concurrent jurisdiction of the courts
and the administrative officers of the
States of Wisconsin, Iowa, North and
South Dakota, over all boundary waters
existing between such states and Minne
sota, and the whole thereof, is hereby rec
ognized.
Sec. 8. All acts and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 9. This act shall be in force and
take effect from and after its passage.
Approved April 15, 3905.
CHAPTER 187H. F. NO. 879.
AN ACT relating to gifts, grants, (and)
devises and bequests to the University
of Minnesota and the disposition there
of.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. The University of Minnesota
may accept, in trust or otherwise, any
gift, grant, bequest or devise for educa
tional purposes, and may hold, manage,
invest and dispose of the same and the
proceeds and income thereof, in accord
ance with the terms and conditions of
such gift, grant, bequest or devise, and
of the acceptance thereof and any per
son or persons contributing not less than
(fifty thousand dollars) $50,000 to the uni
versity may endow a professorship there
in, the name and object of which shall
be determined by the board of regents.
Sec 2. If the purposes of such gift,
grant devise or bequest are not other
wise limited by the donor the University
of Minnesota may use the same or the
proceeds thereof for any of the purposes
of the university, and may. among other
things, construct buildings and acquiro
land. In case it is desired to use the
same for the acquisition of land the
power of eminent domain may be exer
cised either in accordance with sections
4085 to 4091, inclusive, General Statutes
1894. or chapter 41 of the Revised Laws
Sec 3 This act shall take effect and
be in force from and after its passage
Approved April 15. 1905.
CHAPTER 188H. F. NO. 881.
AN ACT to authorize county commis
sioners to appropriate money for the
relief of cyclone sufferers.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That the county commission
ers of any county in this state are here
by authorized to appropriate money out
of the county revenue fund for the relief
of persons who suffered destruction of
m-oDertv from cyclones between January
nrst 1&5. and April first, 1905.
Provided, that the amount so appro
priated shall not exceed four thousand
dollars and further, provided, that it
shall require a unanimous vote of all
commissioners to make such approprla-
See 2. The money so appropriated
shall'be expended under the supervision
of the county commissioners.
Sec 3 This act shall take effect ana
be in' force from and after its passage.
Approved April 15. 1905.
CHAPTER 189H. F. NO. 882.
AW ACT to amend section 4 chapter 50
of the General Laws of Minnesota for
th* year 1002. relating to advertising
^^^M^S&i^S^^^
OT ISOS.T'
for bids and the letting of contracts in
excess of one hundred ($100) dollars by
countv commissioners in all counties
having 225,000 inhabitants or ovex.
Be it enacted by the Legislature of the
State of Minnesota: _,
Section 1. That section 4 of chapter 50
of the General Laws of 1902 be and the
same is hereby amended so as to read as
follows: Section 4. In case of an emer
gency arising from breakage, damage or
decay in any county property of any such
county that cannot be allowed to wait for
the time required to advertise for bids as
herein required then such repairs may be
made without advertising for bids, pro
vided, however, such work is authorized
by a majority of the board of county
commissioners, and such action shall be
ratified and recorded in' the official pro
ceedings of said board at their next
meeting. A
Sec 2. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 190H. F. NO. 572.
AN ACT to authorize the appointment of
asistant county superintendents of
schools in counties of 225,000 or more
population and fixing their salaries and
to repeal inconsistent laws.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The county superintendent
of schools, in each county of this state,
having, or which may hereafter have, a
population of two hundred and twenty
five thousand (225,000) inhabitants or
more, shall appoint and employ and (an)
assistant to be known as assistant county
superintendent of schools, who shall be
paid the sum of fifteen hundred (150J0
dollars per annum, to be paid monthly
in the same manner as other county of
cials are paid.
Sec. 2. All acts or parts of acts incon
sistent with this act are hereby repealed.
Sec. 3. This act shall take effect and
be in force from (on) and after its pas
sage.
Approved April 15. 1905.
CHAPTER 191H. F. NO. 656.
AN ACT to permit cities containing a
population of ten thousand (10,000) or
less, to include within their corporate
limits land (lands) lying within the lim
its of an adjoining county.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That any city, containing a
population of ten thousand (10,000) or
less, whether incorporated by a general or
special act, may include within its corpor
ate limits, land (lands) which are not al
ready incorporated, lying within an ad
joining county and contiguous to the cor
porate limits of such citv. Provided,
however, that such lands shall not be
within ten miles of any other incorporat
ed city or village within this state and
provided further, that for the purposes of
this act lands separated from such city
by an intervening river shall be consid
ered contiguous to the corporate limits
thereof.
Sec. 2. The city council of such city,
desiring to include within its corporate
limits lands lying within an adjoining
county as provided in section one of this
act, shall pass a resolution describing the
land (lands) desired to be included within
such corporate limits, which resolution
shall be submitted to the town supervisors
of the town in which hte said lands are in
cluded and to the board of countv com
missioners in which said lands are situ
ate.
If the supervisors of such town and the
board of county commissioners of such
county shall approve the said proposed
annexation hy resolution duiy made and
entered on the minutes of the town and
by resolution duly made and entered on
the minutes of the board of county com
missioners, a duly certified copy of the
resolution, together with duly certified
conies of the resolution of the board of
supervisors and of the board of county
commissioners, shall be filed in the office
of the secretary of state and recorded in
the office of the register of deeds of the
countv *within which said city is situate
and of the county within which said lands
are situate, and a copy of such record
duly certified bv the register of deeds
shall be filed in the office of the secretary
of state, and thereupon the said lands in
said adjoining county shall become part
of the said city for all purposes and be
subject to the laws, ordinances and juris
diction of said city for all purposes what
soever, except as hereinafter provided.
Sec 3. No territory so acquired shall
at any time be subject to taxation for
anv indebtedness of said city incurred at
any time prior to the date of such an
nexation. If the boundaries of the spe
cial or independent school district exist
ing in said city, shall by the law under
which said school district is organized,
be co-extensive with the limits of said
city, then and in that case, the said terri
tory so included within said corporate
limits under this act, shall be construed
to be part of the said school district, but
shall not be subject to taxation for anv
indebtedness incurred by said school dis
trict before the date of such annexation.
Sec. 4. No such territory shall be an
nexed, however, unless the majority of
the owners thereof shall consent thereto
in writing.
Sec. 5. This act shall take effect and
be in force from and after its passage.
Approved April 15, 1905.
CHAPTER 192H. F. NO. 629.
AN ACT to provide for securing evidence
against persons Illegally disposing of
intoxicating liquors and for the prose
cution of such persons.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. Upon the filing of an affida
vit subscribed and sworn to by a resi
dent voter of the county, with any jus
tice of the peace having criminal juris
diction, or clerk of a municipal court in
said county, which affidavit shall set
forth upon knowledge or upon informa
tion and belief the name of any person or
persons who frequent any place* In said
county for the purpose of obtaining in
toxicating liquors, the location of such
place and the name of the proprietor
thereof, if known, such justice of the
peace if such place is within the town or
district in which he was elected, or a
justice of the peace, having criminal
jurisdiction in an adjoining town or dis
trict, or clerk of such municipal court
having jurisdiction shall forthwith issue
a
subpoenasaifor
the
named5
personJrequentin
or persons
in affidavit
such place, commanding them to appear
before such justice or court at a day and
hour named therein. At the time of said
annearance such lustice or court shall In
tefroiate said witnesses for the purpose
of determining whether or not intoxicat
ingliquors ar% illegally .sold or disposed
of at the place named in said affidavit
and if it shall appear as the result of
such examination that intox eating liquor
been ille"ill" sold or disposed of at
such place, *r."h justice of the peace or
iude of such court
shallofforthwith
a warrant
fo
iection
the arrest any persoIssue or
persons who shall appear by such ex
arnimtion to have been guilty of such
illegal sale or disposition and such per
son shall thereupon be prosecuted for
such offense. No testimony given upon
luch hearing shall be In any manner
used to the prejudice of the witness giy-
E?! the same, and the failure of any wit
ness to answer questions put to him upon
suchexlmination may be pu.ished as a
contempt the same as in other cases,
contempt effec
an
betn foWfrom and after its passage.
Approved April J&J805.
PHAPTER 193H. F. NO. 290.
AN ACT to authorize the reception as
evidence, in actions where the title to
land ?s in controversy, of abstracts of
title and abstractor's data or minutes
or sworn copies thereof, when public
records have been lost or destroyed
and the original instruments cannot be
Be^^enfcteWhlnever,Legislature
bv the of the
upon the trial of
such sworn copy as evidence shall have
given the opposite party a resonable op
portunity to verify the correctness of such
3 This act shall take effect and be
in force from passage.
Approved April 15. 1905.
CHAPTER 194H
F.- No-.
Defective Page
an?Son or proceeding which is now,
thereafter may be. pending In any court
in this state, any party to such action or
proceeding, or his agent or attorney, shall
make and file an affidavit in such cause,
Ratine that the original of any deed or
otherinstrument in writing or the records
of any court relating^ to any lands the
title or anv interest therein being In con
troversy or question in such action or
proceeding, are lost or destroyed, and not
within the power of such' party to pro
duce the same and the record of such
deed instrument or other writing has
blen destroyed by fire or otherwise., it
shall be lawful for the court to receive
as evidence in such action or proceeding,
any abstract of title to such lands made
in the ordinary course of business before
such loss or destruction. And It shall
also be lawful for the court to receive
as evidence any copy, extract or minutes
from such destroyed records or from the
original thereof, which were at the date
nt 5Iir destruction Or lOSS, In the POS- mrew ctraoaj cApcuoco uf
option of any person then engaged In the weighing aniunecessariy inspecting service, and no
business of making abstracts of title for mnr- th* commissionn shalle fix thet
others2for hire
Sec A sworn copy of any writing ad
missible under section 1 of this act made
bv the person having possession of such
writing, shall be admissible in like man-
437
PHAPTER 194Jti.. *l I u any ui JIUVIUI,V.= uui in
AVI ACTto amend section -twenty-four I the employment of any person or onr-
!*&&
five (365) of the Laws of 1903, being
"An act fixing and regulating the sal
aries, compensation, duties and help or
county officers in counties having or
which may hereafter have a population
of two hundred thousand (200,000) in
habitants or over."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section twenty-four (24)
of chapter three hundred and sixty-rive
(365) of the Laws of 1903, be amended so
as to read as follows:
Section 24. That all the provisions of
this act, except said sections one, five,
fifteen and that portion of sections three
and eight described in section twenty
three, shall take effect and be in force
from and after the first day of January,
1904 except that the provisions of section
three of this act, relative to the employ
ing by the sheriff of one outside deputy
and one stenographer and deputy shall
take effect and oe in force trom and alter
the passage of this act. In determining
at any time to what counties this act
shall apply reference shall only be had to
the United States census last taken.
Sec 2 This act shall take effoct and be
in force from and after its passage.
Approved April 15, 1905.
CHAPTER 195-H. F. No. 446.
AN ACT to amend section two (2) or
chapter two hundred and eighty-seven
(267) of the Laws of the State of Min
nesota for the year eighteen hundred
and ninety-five (1895), as amended by
chapter two hundred eleven (211) of the
Laws of Minnesota for the year eigh
teen hundred and ninety-nine (1899), the
same being an act entitled Axi act to
provide for a county road and bridge
tund."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section two (2) om chap
ter two hundred and eighty-seven (287) of
the Laws of eighteen hundred and ninety
five (1895) as amended by chapter two
hundred eleven (211) of the Laws of eigh
teen hundred and ninety-nine (1899), be
and the same is hereby amended by add
ing at the end of said section, as amend
ed, the following:
Provided, further, that in counties in
which the taxable valuation is more than
one million dollars ($1,000,000) and less
than fifteen million dollars ($15,000,000)
and in which the road and bridge fund
has been exhausted, and it has become
necessary to issue warrants tor money
to meet necessary expenses to carry out
the provisions ot this law, the county
commissioners may, at their annual meet
ing in July, nineteen hundred and five
(1905), nineteen hundred and six (190(5)
and nineteen hundred seven (1907) levy
an additional tax of not exceeding one
half mill on the dollar for said fund.
Sec 2. This act shall take eftect and be
in force from and atter its passage.
Approved April 15, 1905.
CHAPTER 196-H. F. No. 439.
AN ACT providing for the establishment
of public hay tracks and the weighing
and inspection of hay and straw at
terminal points in this state.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. Terminal PointsTerminal
points as designated by this act shall
mean the cities of St. Paul. Minneapolis,
Duluth and South St. Paul.
Sec. 2. Public Hay TracksThe rail
road and warehouse commission, herein
after designated "the commission, shall
designate at convenient places, on the
several lines of railway entering terminal
points in this state tracks to be known
as public hay tracks. The different rail
way companies either separately r
jointly are hereby required to provide
suitable tracks to meet the requirements
of this act. Such public hav tracks may
be established on each individual line of
railway, or they may be so established
as to serve for two or more railways.
Sec. 3. All Hay and Straw to be De
livered at Hay TracksAll hay and
straw shipped to terminal points unless
otherwise directed by the consignor shall,
by the common earner transporting the
same, be brought to and delivered at one
or another of such public hay tracks, for
the purpose of being weighed and in
spected as hereinafter provided.
Sec 4. All Hay and Straw to be
WeighedAll hay and straw so received
shall be weighed and inspected by duly
appointed weighers and inspectors of hav
and straw under such rules and regula
tions as the commission shall establish.
Sec 5. Common Carriers to Construct
Scales. Some controlled by State Weigh
masters. Cost of Inspecting ScalesIt
shall be the duty of all common carriers
transporting hay to such terminal points
to construct and maintain at such publio
hay tracks as may be established by the
commission, suitable track scales of
such size and capacity as the commission
shall direct. If in its judgment it Is
necessarv, the commission may order
that such track scales be housed in such
a manner as to insure accuracy. All
scales at such hay tracks shall be under
the control of state weighmasters and
subject to inspection by them, exempt
from the jurisdiction of scalers of
weights and measures. They shall be in
spected at the request of anv person In
terested in any hay or straw to be
weighed thereon. If found incorrect, the
cost of inspection shall be paid by tho
owner thereof otherwise by the person
requesting inspection. No scales found
incorrect shall be used until re-examined
and found correct. Provided, that noth
ing in this act shall be so construed as
to prevent the use of such scales by the
owner for the purpose of weighing any
other commodities in carload lots
Sec 6. Commission to Appoint Weigh
ers and Inspectors. Same Under Imme
diate Supervision of Chief Inspector of
Grain. Reinspocting and Final Review
The commission shall appoint a suitable
number of persons to perform sucii
weighing and inspecting of hay and
straw. Such weighers and inspectors
shall be under the immediate supervision
of the chief inspector of grain. In caso
of dissatisfaction of anv interested per
son with the official acts of any inspec
tor reinspecting may be had upon appli
cation to the aforesaid chief inspector of
grain or either of his chief deputies. A
final appeal from the decision of said
chief inspector of grain or his deputy in
spectors may be made to the board of
final review, to be provided for by the
commission under the rules it shall es
tablish. The decision of such board of
review shall be final, provided the com
mission may provide suitable rules for
the cancellation of any certificate of in
spection issued upon original inspection:
reinspecting or upon final review when
it appears that owing to the manner in
which cars of hay or straw were loaded
it was Impossible for the Inspector to ob
tain a fair sample.
Sec. 7. Commission to Make All Rules
The commission shall adopt all neces
sary rules and regulations for the weigh
ing and Inspecting of hay. and straw at
such terminal points. rmtu
Sec. 8. Penalty for Interfering With
Weighers or Inspectors. Official Bond
and Oath of Weighers and Inspectors
In case any person or railway corpora
tion or anv of their agents or employes
shall refuse or prevent the aforesaid
weighers and inspectors of hay and
straw from having free access to their
scales and tracks in the regular perform
ance of their duties as such weighers or
inspectors of hay and straw, they shall
forfeit to the State of Minnesota the
sum of one hundred (100) dollars for each
offense, such penalty or forfeiture to be
paid to the state treasurer for the benefit
of the hay inspection fund hereinafter
created, and shall also be required to pay
all costs of prosecution. All weigh
ers and inspectors of hay and
straw shall take an oath of of
fice the same as required of deputy grain
Inspectors, and shall give a bond to the
State of Minnesota in the penal sum of
five thousand ($5,000) dollars with good
and sufficient sureties to bo approved by
the commission, and conditioned in like
manner as the commission reauire from
the chief Inspector of grain. The bonds
given bv such weighers and inspectors of
hay and straw shall be filed in the of
fice of the secretary of state and suit
may be brought upon said bond, or bonds,
in any court having jurisdiction thereof
for the use of the person so injured.
Sec. 9. Chief Inspector May Remove
Weighers and InspectorsThe chief in
spector of grain shall have the power to
remove any of said weighers or inspec
tors of hay and straw at pleasure.
Sec. 10. Commission to Fix Fee for
Weighing and Inspecting and Salary of
Weighers and InspectorsSuch weighers
and inspectors of hay and straw shall
be governed in the performance of their
duties bv such rules and regulations as
may be provided by the commission the
commission shall have power to fix the
rate of charges for the weighing and In
specting of hay and straw and the man
ner in which the same shall be collected,
which charges shall be regulated In such
manner as will In the judgment of tho
commission produce sufficient revenue to
meeit the
expenses
v-
i
1
oi theom
Inspectin service and
more the commission shall fix the
amount of compensatio to paid
the weighers and inspectors of hay and
straw and prescribe the time and manner
of payment thereof, which compensation
shall be paid out of a hay inspection
fund, hereinafter created, on the order
Sec. 11. Qualification of Wpighers and
Inspectors and Sureties on Their Bonds
No weigher nor inspector of hay or
straw *ior any of the sureties on their
bond, or bonds as the case may be. shall
durin his term of service be in any way
interested in the handling, storing, ship-
rStrawg
oing. purchasing or selling of hay or
straw, or any of their products, nor in
C4) of chapter three hundred and ixty-JLooratlon engaged therein, nor shall they.
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