The Saint Paul globe., April 27, 1899, Minnesota Law Supplement, Page 13, Image 21

About The Saint Paul globe. (St. Paul, Minn.) 1896-1905

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
t'.. Eai .. or any i übs sting. The
■r su< U : uli s as ii
: ibe may h< ar any person In
i
ter ' ■' . ■.. it. :.r sii a persons
i iiort.
£■ ■ . : : . \\'h< •:• . tuncll
lands to be tuk
s of a
►
and shall
naj be
■
to i... , ii..« rew Ith with the
ich .-' mm on council shall
. om
who shall ■ rs of
.i vi w the lands or
nd :; i ■ priat
■ i i amount
. satl'on ■ ■ ■ p
i to be 1
o - mor< of such
- shall constitute a quorum,
my act required
mmls: ' inei • Th< 5 ■ : . . » 1 1 be uo
■ ■ ■ '; by' notice to be
thei evci ally, either per
■ tl : ill, to ttend at
1 day fix d by him, |
not wo(2)daysa rvice
or imiiling .if such ru lualify and
lv md If any com
; refi : ■ iect to at tend
: and pay to
he Mim of Hi rs to be
: ; . 1: eil y in a civil
in i ny co n ounty
such city shall be situated, and
.-. rum of such commi: sloners
■ ■ ai Lend at th< :ii :•■ and place
mayor of j
■ writing iifpoint one or
any !
te< s. Th. ners shall
any officer au
to ad mini: , to barge
• s : tilssl oners In the
r with fidi tiality and ;
return .-f th< ir action 10 -
hall give no) ice
In the offlcl il
of such city, I hat they \\ 111
. d In such notice,
1 shall be at l< ast ten t ; t" days
11. ■ r the first (Ist) n of
such ■■ Lee designs tod
In such nr.;i.-<- 0
pr< po: d to 1. ■ . roprlated,
■ 1m and award therefor 1
pens;] lii n and d 1 that th. y
will then and th
and woofs as lnteres d pers yol
fer. Such commissii . and
vi< « the pi - .. I to such notice, '■
■ 1 time and '
mises may,
fur the hearing r< r i: '-~
ratl' n oi 1 . > to
any other convenleni ■ such city; !
ai'.ci ■ ' rue !
and im| artial appralsi ment and award "f ■
'■■ ■ paid
to each person whose property is to be \
tak. •' or appropriated, and report the
Bame to said >- : 1 imon council, and su :h
award shall lie over until the nexi regular
meeting of s;;.-h common coum
shall occur at least one week after the
reception of such aw: 1 I, at which, or a'.-.y
subsequent time, the mcil
may act on such awa ar any ob-
Jections n 1 may refer the
n-.attcr to a committee to hear such ob
jections, and report thereon. Tho com
souncil may confirm such award
a vote of • if the mer.:
■ annul *he same, or send
the same back to the same or a new board
ers, for further considera
!'.. n, and such commissioner? may, in Buch
in on giving notice pub!!
cr.ee In tho official paper of such city,
meet <-.i a time ami place to be designated
In such notli ■ which shall be at least
hvn (2) days after ihe publication of such
d hear any further evidence
d by interested per*
Bons, and may h<!J. urn ?r..p.i time to time,
and correct any mistakes In such award
End revise and alter the same, as they
n. ... . ist, and again report such
award to such common council, who may
confirm < r annul the same; when any
such award s'.'..i!i be confirmed by the
common council by a vote of two-thirds
(2-3) of the members-elect thereof the
same shall bo final and conclusive upon
all parties interested, except as herein
after provided.
4. Whenever an award of com
ix nsatlon and damages shall be eonilrmed
by such common council and not ap
-1 from, and whenever the same,
when appealed from, shall not be set
aside by the court, the same shall con-
Btltute a lawful and sufficient condemna
tion and appropriation for public use of
the land and property and lights of prop
erty for which compensation or damages
are c !. and such damages or
compensation shall thereupon become a
public charge ag.iir.st such city to be
payable within one year after the con
firmation of tho award or the determina
tion of tho appeal therefrom; such com
mon co'.incil may at its election, cause
such compensation or damages to be paid
from the permanent improvement fund of
such city or from funds not otherwise ap
propriated or from funds to be raised by
taxation in the same manner as funds
are raised for other public purposes In
such city. In case such payment is not
mar.c within one year after the confirma
tion of such award or the determination
of the appeal therefrom, the proceedings
•hall be deemed to be abandoned. Before
payment of such award, the owner of
such property or the claimant of the
award, shall furnish aru.abstract of title
showing himself entitled to all of the
compensation and damages claimed. In
case of neglect to furnish Such abstract
' r there shall be any doubt as to who Is
entitled to such compensation or damage,
or any part of the same, the amount so
awarded shall bo by the common oouncll
appropriated and set apart in the city
treasury for whoever shall show clear
right to receive the same. The common
council, may, In its discretion, require of
suoh claimant a bond of good and suffi
cient sureties conditioned to Indemnify
and savo the city harmless against ail
other claims for such compensation or
damages nr for the property for which
the same was awarded, and all losp, costs
or expenses on account of such claims.
Provided, that whenever the attorney for
such city shall certify in writing
through the common council, that
in his opinion, he is in doubt to whom
award shall be paid, the said
common council may order a warrant to
be drawn fnr tho same payable to tho
clerk of the district court oi the county
In which said city may be located and
the city clerk shall deliver tho name to
Bald clerk of the court and ask him
receipt for the same, which deposit with
Bald clerk of the court shall havo the
same effect as if set aside In the city
sury, as hereinbefore provided, and lit
case the parties entitled to the same shall
establish their right to the same by a
petition to said district court Betting" up
the facts entitling them thereto, and by
proving the same to thi I 1 on of
the court, when bo established the .court
■hall make an order directing to whom
the same shall bo paid. Upon the pay
ment of said award or appropriation, or
the setting apart of the money in t'r.3
city treasury to pay the same as afore
said, the city shall become vested with
the title to the property taken and con
demned, absolutely, for all purposes for
which the city may have occasion to use
the Bame, and may forthwith enter upon
and uso the same.
Bee. 6. Any person whose property Is
Proposed to be taken or condemned un
er any of tho provisions of this act. and
who deems that there Is any lrregulaiity
in the proceedings of the common council
or Action of the commissioners, by rea-
Eon of which the award of the commis
sioners ought not to be confirmed, or
who is dissatisfied with the amount of
damages awarded to him for the taking
of or Interference with his proportv, may,
at any time before such award shall be
confirmed by such common council, file
with the city clerk In writing his objec
tions to such confirmation, setting forth
therein specifically the particular Injuries
complained of. and containing a descrip
tion of the property affected by such pro
ceedings, and If, notwithstanding such
objections, the common council shall con
firm the award, such persons so objecting
ehail have, the right to appeal from such
order of conffrmittion to the district court
of the county in which said city Is locat
ed, at any time within ten (10) days after
such order. Such appeal shall be made by
serving a written notice of such appeal
upon the city clerk of said city, which
snail specify the property of the person
affected by such award End refer to tho
objections filed as aforesaid, and also by
delivering to said city clerk a bond to
■uch city executed by the appellant or by
some one on his behalf, with two sureties,
who shall justify in the penal sum of fifty
(60) dollars, conditioned to pay all costs
that may be awarded against the appel
lant. Thereupon the city clerk shall make
out and transmit to the clerk of said dis
trict court a copy of the award of said
commissioners as confirmed by the com
mon council, and of the order of tho
common council confirming the same, and
of the objections filed by the appellant as
aforesaid, all certified by the city clerk to
be true copies, within ten (10) days after
the taking of such appeal, but If more
than one appeal be taken from any award
it shall not be necessary that the clerk In
appeals subsequent to tho first (Ist) shall
send up anything except the certified copy
of the appellant s objections. There shail
be no pleading in such appeal but the court
•hall determine In tho first (Ist) instance
Whether there was In the proceedings any
such Irregularity or omission of duty
firejudicial to the appellant and specified
n his said written objections, that as to
him the award or assessment of the
commissioners ought not to stand, and
whether said commissioner* had Jurisdic
tion to take action in the premises. The
OFFICIAL. rui-lIiICATION OF THE GENERAL LAWS OF MINNESOTA PASSED DUKING SESSION OF 1899.
case may be brought on for hearing on
eight (8) days' notice, ai any regular or
Bpecial term of the court, and shall havo
precedence of other civil eases, and the
judgment <•( the court shall be either to
confirm or annul the proceedings only
• ted ihe property of the
lant proposed to be taken and de
scribed in said written objection. From
mination no appeal or writ of
error shall lie. In ease the amount of
damagesawi : led Is complained of by such
appellant, the court shall, if the proceed
ings shall be confirmed In other respects,
upon such 1 onflrmatlon, ap"po nt three dis
interested freeholders residi nts of said
city, commissioners to reappraise such
ages and benefits. The parties to such
eal shall be heard by said court
upon the appointment of Such com
missioners, am] the court shall fix the
and place of the meeting of such
commissioners; they shall be sworn to
the faithful discharge of their duties a3
missioners, and shall proceed to
view the premises and hear tne parlies
rested with their allegations and
proofs pertaining to the question of the
amount of Buch damages. Such commis
sioners shrill be governed by the same
a in respect to the method of
arrivh ■ i the am unl of damages, and
in ;>.H other material respects as are In
'■'■'- a■: made fur the K->>vernmont of
commissii ners appointed by 1110 common
council. They Bhall, after such hearing
and view ot the premises, make report
to said court" of their appraisal of dam
ages in respect to such appellant. The
award of such commissioners shall be
final unl - set aside by the court for
E - li! i ca ■ ■ shown, [n case such report
Is set 1 :■:■' s, the court may, in Its dlscre
tlon, rec< mmlt the same to the same
commission! rs or appoint a new board, as
it shall deem host, hut no appeal or writ
of error shall be-allowed from any order
of the court In the premises. Said court
' allow a reasonable compensation to
1 ommissioners for their services, and
a award of costs In such ap
! eal, Including corn pen sat ion of suchcom
. as it shall deem Just in tho
premises. In case the court shall be of
the opinion that said appeal wasfrivolous
and vexatious, it may adjudge double
- against such appellant.
S.c. 6. Whenever any person of any
award made by the commissioners and
irmed by the common council, ns
hereinbefore provided In this act, shall be
annulled by the court upon appeal as
hereinbefore provided for, the common
eil may again appoint commissioners
to view the property which was affected
by such appeal, and appraise and amend
compensation and damages to be
for the taking or appropriation of
the same, and like proceedings shall be
had, so tar as applicable, as hereinbefore
icribed. If such award shall again, up
on appeal, be annulled by the court, still
another commission may be appointed
and award made In the same manner,
and so on until a successful award may
be made.
Sec. 7. This act shall be in force and
take effect from and after Its passage.
Approved April 19th, 1899.
CHAPTER 293— H. F. NO. 514.
AN ACT to detach the lands and terri
tory belonging to any school district in
the State of Minnesota, which are sit
uated wholly within the boundaries of
any other school district In said state,
and which lands and territory are en
tirely surrounded by the territory of the
school district within the boundaries of
which they are situated, and which
lands and territory are not contiguous^
to any part of the remaining territory
of the school district to which they be
long, from the school district to which
they belong and attaching such lands
and territory, which are situated wholly
within the boundaries of a school dis
trict to which they do not belong-, to
the school district within the boundaries
of which such lands and territory are
situated.
Be it enacted by the Legislature of the
State of Minnesota-
Section 1. Thnt whenever any lands
or territory, belonging to any school dis
trict in this state, are Bltuated wholly
within the boundaries of any other school
district In this state, and such lands
or territory are entirely surrounded by
the territory of the school district within
the boundaries of which they are sit
uated, and are not contiguous to any part
ot' the remaining territory of the school
district to which they belong, such lands
and territory so situated within the
boundaries of a school district to which
they do not belong, are hereby detached
from the school district to which they
belong and are attached to and made a
part of the school district within the
boundaries of which they are situated.
Sec. 2. All territory detached by this
act from one school district and attached
to another school district, s'.ali be held
responsible for all obligations, whether
bonded or otherwise, contracted by the
district from which It ia detached, prior
to tho passage of this act, but shall not
be held liable for the prior obligations of
the district to which It is attached.
Sec. 3. This act shall take effect and
be In force from and after Its passage.
Approved April 19th, 1599.
CHAPTER 204— H. F. NO. 527.
AN ACT to amend section two thousand
nine hundred and twenty-two (2922),
general statutes of Minnesota, eighteen
hundred and ninety four (1894) relating
to the property of corporations not or
ganized for pecuniary profit.
He it enacted by the Legislature of the
State of Minnesota:
Section 1. That section two thousand
nine hundred and twenty-two (2922), gen
eral statutes of eighteen hundred and
ninety-four (1894), be and the same Is
hereby amended by adding thereto the
following proviso:
Provided, further, that no street, road
or alley shall hereafter be established,
opened or extended through or upon the
lands, not exceeding ten (10) acres In
area, upon which is situated a building
used as a hospital and belonging to any
corporation heretofore organized and in
corporated as a hospital pursuant to the
provisions of title three (3), chapter thir
ty-four (34), general statutes of Minne
sota," eighteen hundred and seventy-eight
(1S78), and the amendments thereto, or
pursuant to any re-enactment of sai.l
title, except by and with the consent of
the managing board of such hospital.
Sec. 2. This act shall take effect and be
ia force from and nfter its passage.
Approved April 19th, 1539.
CHAPTER 295— H. F. NO. 499.
AN ACT to prevent fraud in tho sale of
dairy products, thoir Imitations or sub
stitutes, to prohibit and prevent the
manufacture or sale of unhealthy or
adulterated dairy products, and to pre
serve the imblic health.
He It enacted by the Legislature of the
State of Minnesota:
Section 1. The governor shall appoint a
commissioner who shall be known as the
state dairy and food commissioner, who
shall be a citizen of this state, and who
shall hold his office for a term of two (2)
years, or until his successor is appointed,
and who shall receive a salary of eight
een hundred (1.SO0) dollars per annum
and his necessary expenses Incurred In
the discharge of the duties required of
him by law, and shall be charged with
the enforcement of the various laws com
ing under his department. It shall be
the duty of the said commissioner to en
force all laws that now exist or that here
after ir.av be enacted In this state re
garding the production, manufacture and
sale of dairy products, their Imitations
and substitutes and food prepared there
from, the production, manufacture, sale
or adulteration of which Is made subject
to this or other laws, and to prosecute or
cause to be prosecuted any person, firm
or corporation or agent thereof, engaged
In the manufacture or sale of any im
pure, adulterated or counterfeit dairy
products thr-t are produced, offered for
sale, or sold, contrary to the laws of
this state. Said commissioner may be
removed from office at the pleasure of
the governor and a successor appointed
In his stead. The said commissioner Is
hereby authorized and empowered to ap
point a secretary whose salary shall be
twelve hundred (1,200) dollars per annum,
ore assistant commissioner, whose sal
ary shall be fifteen hundred (1,500)
dollars per annum, one chemist
whoso salary shall be fifteen hundred
(1, 500) dol'.arß per annum, one ag^
distant chemist when needed, to be paid
not to exceed one hundred (lOOi dollars
per month, and such number of Inspect
j ors as may by him bo deemed necessary,
i to be paid at the rate of one hundred (100)
dollars per month and the necessary ex
penses incurred In the performance of
their duties, ajid to employ such counsel
a* may be deemed necessary. The sum
of fifteen thousand (16,000) dollars an
nually Is hereby appropriated to be paid
for the execution of the fi&lry laws, out
of any money In J;he state treasury not
otherwise appropriated. All charges, ao
counts and expenses authorized Dy this
act shall be paid by the treasurer of the
• state upon the warrant of the state au
ditor. The said commissioner Bhall make
biennial reports to the legislature not
jator than the fifteenth (15th) day of
January of his work* and proceedings,
and shall report In detail the number of
Inspectors he has appointed and em
ployed, with their expenses and disburse
ments, and the amount of salary paid
the same, and he may from time to time
Issue bulletins of Information, when in
his Judgment tho interests of the state
would be promoted thereby. The said
commissioner shall have rooms In the
capltol, to be set apart for his use by the
governor, and a laboratory In the capltol
where all chemical analysis for the de
partment shall be conducted. This sec
tion shall not affect the tenure of ofilce
of the present commissioner, and he shall
be regarded as having been appointed
I under the provisions of this act.
Sec. 2. The said commission** and aa-
sistant commissioner and such Inspectors,
hm' nts, expects, chemists and counsel as
they shall duly authorise ior tho purpose,
shall have access, ingress and egress to
nil places of ouslness, factories, farms,
I'iiiliiinicK, carriages and cars used In the
manufacture and sale or transport of
any dairy product or any substitute
therefor, or Imitation thereof, and also
Into all restaurants, dining halls, cafes,
hotels and all room* thereof, and all oth
er places wherein food is prepared, stored
or served to patrons. They shall also
have power and authority to open any
package, can or vessel containing such
article which may be manufactured, sold
or exposed for salo In violation of tho
provisions of this act, or laws that now
exist or that may hereafter bo enacted In
this state, and may inspect the contents
thereof, ami may tuk6 samples therefrom
for analysis. All dealers, clerks, book
keepers, express agents, railroad offi
cials, employes or common carriers shall
render to thorn all the assistance in their
power when so required in tracing, Hud
ing or discovering the presence of any
article prohibited by law.
Sec. 3. Any refusal or neglect on tho
part of such dealers, clerks, bookkeep
ers, express agents, railroad officials, em
ployes or common carriers lo render such
friendly aid shall be deemed a misde
meanor and shall be punished as herein
after provided.
MILK.
Sec. 4. No person, firm or corporation
shall offer or expose Cor Bale, or sell or
deliver for sale or consumption, or have
in his possession with intent to sell, any
unclean, impure, unhealthful, unwhole
some or adulterated milk, or cream from
the same, or any milk, or cream from the
Mime, which has not been well cooled,
aerated, or to which preservatives of
any kind have been added.
Sec. 6. No person, firm or corporation
shall keep cows for the production of
milk for market or for sale or exchange,
or for manufacturing- the same, or cream
from th.- same, Into articles of food, in a
crowded condition, or in stables which
are not perfectly ventilated, or which
are filthy from an accumulation of ani
mal refuse or from any other cause. Nor
shall milk for such purposes be drawn
from cows which are themselves In a
condition of fllrh or uncleanness, or from
cows which are affected with tuberculosis,
ulcers, running sores, or any other form
of disease, or from cows which are fed,
either wholly or in part, upon distillery
waste, or brewery grains, or the. waste
of vinegar, or that of sugar factories,
not properly preserved In silos, or upon
any other form of food which will pro
duce milk which Is unhealthful or un
wholesome; or from cows within fifteen
(15) days before and five \5) days after
parturition; and all milk thus produced
is hereby declared to be unclean, impure,
unhealthful and unwholesome milk, and
any milk which is shown by analysis to
contain any substance or substances of
any character whatever not natural or
normal constituents of milk, or to havo
been deprived either wholly or in part of
any constituent naturally or normally
contained In milk, or which Is shown to
contain more than eighty-seven (87) per
centum of water fluids, or less than thir
teen (13) per centum of milk solids, of
which not less than three and one-half
(3V£) per centum shall be fat. Is hereby
declared to be adulterated milk. This
section shall not be construed to prevent
the feeding of ensilage from silos. The
having- in possession by any person, firm
or corporation producing milk for market
or for sale or exchange, or for manu
facturing- the same, or cream from the
same Into articles of food, of distillery
waste or brewery grains, or the waste of
vinegar, or that of sugar factories not
preserved as aforesaid, or any other form
of food which will produce milk which is
unhealthy or unwholesome, shall be con
sidered for the purposes of this act as
prlma facie evidence of an intent to uso
the same contrary to the provisions of
this act.
Sec. 6. No person, firm or corporation
shall manufacture from unclean, impure,
unhealthful or unwholesome milk, or of
cream from the same, any article of food.
Sec. 7. No person, firm or corporation
shall sell or offer for sale or have in his
possession with intent to sell, any cream
taken from impure, unwholesome or dis
eased milk, or cream that contains less
than twenty (20) per centum of fat.
Sec. 8. 'So person, firm or corporation
shall sell or expose for sale, or have in
his possession, with Intent to sell, in any
store or place of business, or on any
wagon or other vehicle used in transport
ing or selling milk from which cream has
been removed, or milk commonly called
"skimmed milk," without first marking
the can, vessel or package containing said
milk with the words "skimmed milk," in
large, plain, black letters- upon a light
colored background, each letter being at
least one (1) inch high and one-halt' (•£)
inch wide; said words shall be on the top
or side of said can, vessel or package
where they can be easily seen.
Sec. S. The state standard milk meas
ures or pipettes shall have for milk a
capacity of seventeen and six-tenths
(17 6-10) cubic centimeters, and for cream
shall have a capacity of eighteen (IS)
cubic centimeters, and the state standard
test tubes or bottles for milk shall have
a capacity for two (2) cubic centimeters
of mercury at a temperature of sixty (60)
degrees Fahrenheit between "zero" and
ten (10) on the graduated scale marked
on the necks thereof; and the standard
test tubes or bottles for cream shall have
a capacity of six (6) cubic centimeters of
mercury at a temperature of sixty (60)
degrees Fahrenheit between "zero" and
thirty (30) on the graduated scale marked
on the necks thereof, and it Is hereby
made a misdemeanor to use any other
size of milk measure, pipette, test tube
or bottle to determine tne per cent of
butter fat, where milk or cream is pur
chased by, or furnished to, creameries or
cheese factories, and where the value of
said milk or cream Is determined by tho
per cent of butter fat contained In the
same. Any manufacturer, merchant, deal
er or agent in this state who shall offer
for sale or sell, a cream or milk pipetto
or measure test tube or bottle which Is
not correctly marked or graduated as
herein provided shall be guilty ol a mis
demeanor, and upon conviction thereof
shall be punished as provided in section
thirty (SO) of this net.
Sec. 10. It shall be unlawful for the
owner, manager, agent or any employe
of a creamery or cheese factory to man
ipulate or underread the Ba'ocock test or
any other contrivance U3ed for determin
ing the quality or value of milk.
Sec. 11. No person, firm or corpora
tion shall manufacture "for sale, adver
tise, offer or expose for salo. or sell, any
mixture or compound intended for use
an an adulterant of or preservative or
milk, butter or cheese, nor shall any
person, firm or corporation add to milk
or butter or cheese, or during the process
of their manufacture, any borax, boric
acid, salicylic acid, formaldehyde, form
alin, or any other substance or- sub
stances In the nature of adulterants, anti
ferments or preservatives.
Provided, however, that this section
shall not apply to pure salt added to but
ter and cheese.
LICENSES. -.
Sec. 12. Whoever by himself or his
agents conveys milk in carriages, carts or
other vehicles, or in any manner, for
the purpose of selling the same, In any
city or town of one thousand (.1,000) in
habitants or more, shall annually on the
first day .of May, or within thirty (3U)
days thereafter, be licensed by the state
dairy and food commissioner to sell milk
within the limits of said city or town
and shall pay to the said state dairy and
food commissioner the sum of one (1)
dollar for each and every carriage, cart
or other vehicle thus employed, to the
use of said dairy and food commissioner.
Licenses shall be used only in the names
of the owners of carriages, carts or other
vehicles, and shall for the purpose of this
act be prlma facie evidence of ownership
All licenses shall terminate on the first
day of May of each and every year. No
licenses shall be sold, assigned or trans
ferred. Each license shall record the
name, residence, place of business, num
ber of carriages, carts or other vehicles
used (where more than one Is employed),
the name and residence of any driver or
other person engaged In selling or deliv
ering said milk, the number of the car
riage, cart or other vehicle, where he
has more than one, and the number of
license. Each licensee shall, before en
gaging In the sale of milk, cause hia
name, the number of his license, and the
number of the carriage, cart or other
vehicle, where ho has more than one and
his place of business to be legibly placed
on each outer side of all carriages carts
or other vehicles used by him In the
conveyance or sale of milk and
he shall report to the state
dairy and food commissioner any change
of driver, or other person employed by
him, which may occur during tho term
of his license. Any person keeping not
more than one cow shall be exempted
from the provisions of this section.
6ec. 13. Every person, firm or corpora
tion before selling milk or offering It for
sale, or having It in his possession, with
Intent to sell in a store, booth, stand
creamery, cheese factory, or any other
place, In the respective towns or cities
as designated in section thirteen (13) of
this act, shall procure^, license from the
state dairy and fooo: commissioner or
his authorized agents, and shall pay
therefor the sum of one a) dollar Every
such license shall terminate on the first
day of May in each and every year. No
license shall be sold or transferred
BUTTER AND CHEESE.
Bee. 14. No person by himself or his
agents or servants shall sell, supply or
bring to be manufactured, to any butter
or cheese manufactory, any milk diluted
with water or any other substance what
ever, or any unclean, Impure, unhealthy
adulterated, or unwholesome milk, or
milk from which any cream has been
taken (except pure skim milk to Bklm
cheese factories), or shall keep baok any
part of the milk commonly known as
"strlppings," or shall bring or supply
milk which Is sour, to any butter or
cheese manufactory (except pure skim
milk to skim choeso factories). No but
ter or cheese manufactories except those
which buy all the milk they use shall use
for their own benefit, or allow
any of their employes or any other
person to use any ot tho milk or cream
brought to said manufactories, or tho
product thereof, without the consent of
the owners thereof. Every butter and
cheese manufacturer, oxcept those who
buy all the milk they use, shall keep a
correct record of all tho milk dally re
ceived, and of tho number of pounds and
packages of butter, tho number and ag
gregate weight of cheese made each day.
the number of packages of cheese and
butter disposed of, which record shall bo
open to Inspection to every person who
delivers milk to such manufacturer.
Sec. 15. No poison by niinself Or his
agents or servants .«hall manufacture
for sale, have in his possession with in
tent to sell, offer or expose for sale, or
sell as butier or as cheese any substanco
not tho exclusive and legitimate product
of milk or cream.
Sec. 16. No person by himself or his
agents, or his agents or servants shall
manufacture for sale, have in his possos-
Bion with Intent to sell, expose or offer for
sale, or sell as butier or as cheese, or as
substitutes for butter or cheese, or aS
Imitations of butler or choeae, under any
name or title whatsoever, any mixture
or compound, which is designed to take
the iilaco of butter or of cheese, and
which is made from animal or vegetablu
oils or fats, or by the mixing or com
pounding- of the same, or any mixture or
compound consisting in part of butter or
of cheese in mixture or combination with
animal or vegetable oils or fats, nor shall
any person mix, compound with or add
to milk, cream, butter or cheese any ani
mal or vegetable oils or fats, with de
sign or intent to make or produce any
article or substance ln imitation of but
ter or cheese, nor shall any person coat,
powder or color with annatto or with
any other coloring matter whatever, but
terine or oleomargarine or any mixture
or compound of the same, or any article
or compound made wholly or In part from
animal or vegetable oils or fats not pro
duced from milk or cream, whereby the
said article or compound shall be made
to resemble butter or cheese, nor shall
any person offer or expose for sale or
sell any article, substance or compound
made, manufactured or produced in vio
lation of the provisions of this section,
whether such article, substance or com
pound shall have bten made, manufac
tured or produced within this state or in
any other state or country; and the hav
ing in possession by any person, firm or
corporation of any article, substance or
compound made, manufactured or pro
duced in violation of the provisions of
this section shall be considered as prima
facie evident or an Intent to sell the
same as butter or as cheese contrary to
the provisions of this section.
Sec. 17. The Minnesota state dairy and
food commissioner is hereby authorized
and directed to procure and Issue to the
cheese manufacturers of the state, and
under such regulations as to the custody
and use thereof as he may prescribe, a
uniform stencil brar.d bearing a suitaDle
device or motto, and the words "Minne
sota State Full Cream Cheese." Every
brand issued shall be used upon the out
side of the cheese, and also upon the
package containing the same, and shall
bear a different number for each separate
manufactory, and the commissioner shall
keep a book in which shall be registered
the name, location and number of each
manufactory using the said brand, and
the name or names of the persons at
each manufactory authorized to use the
same. It shall be unlawful to use or per
mit such stencil brand to be used upon
any other than full cream cheese or
packages containing the same.
All cheese branded as "Minnesota State
Full Cream Cheese" shall contain not
less than forty-five (45) per centum of
fats to total solids, and all cheese pur
porting to be full cream cheese which
contains less than forty-five (45) per
centum of fats to total solids, shall be
deemed, for the puroose of this act, to
be adulterated.
Sec. 18. All cheese which contains less
than forty-five (45.) per centum of fata
to total solids Is hereby declared to be
skim cheese," and It is hereby required
and directed that the same shall be
marked with a stencil or brand with the
words "skim cheese," in plain black let
ters, not less than one and one-half (IV.I
inches in length and of proportionate
width, upon the circumference of the
cheese, and upon the outer surface of the
box or package containing the same; and
any dealer or trader who, by himself, or
as the servant or agent of another per
son, has ln his possession with intent to
sell, offers or exposes for sale, or sells
any skim cheese as hereinbefore defined
which is not stenciled or branded as here
.lnbefore required and directed, shall be
deemed to be guilty of a misdemeanor,
and shall be subject to the penalties pro
vided in this act.
Every dealer or trader who offers or
exposes for sale or sells skim cheese as
hereinbefore defined, shall cause to be
kept continuously posted in a conspicu
ous position upon tho walls qf the room
wherein such skim cheese is offered or
exposed for sale or sold, cards upon the
face of which is distinctly and legibly
printed in the English language, and in
letters of sufficient size to be visible from
all parts of the room, the words "Skim
Cheeso Sold Here."
Sec. 19. No person, by himself or agent,
shall sell or offer or expose for sale, or
have in his possession with mtent to sell,
cheese branded or labeled with a false
brand or label as to the quality of the
article, or as to the county or state in
which the article is made.
Sec. 20. Every proprietor, keeper, land
lord or steward of any hotel, restaurant,
dining car, eating house, boarding hous^
or lumber camp, either public or private,
who shall supply the guests or boarders
or such hotel, restaurant, dining car, eat
ing house, boarding house or lumber
camp with any oleaginous substance
or substances, or any compound
of the same, or any other com
pound other than that produced from
unadulterated milk, or of cream from the
same, or any article designed to take the
place of butter, shall causo to be plainly
printed trpon every bill of fare used In
said hotel, restaurant, eating house
boarding house, or lumber camp, when
such adulterated compound is used im
mediately under the title thereof and be
fore the naming of any article of food
thereon, in capital letters, no smaller
than those known as nonpareil Celtic In
tho English language, the words "Oleo
margarine (or butttrlne) used as a sub
stitute for butter." In case no bill or
fare is used ln said hotel, restaurant
dining car, eating house, boarding hous^
or lumber camp, then the proprietor or
keeper thereof shall cause to be posted
upon each and every side of the dining
room or eating- room, in a position where
the same can be seen from any part of
said room, and in letters large enough
to be distinctly seen and read from any
part of said room, a card containing the
words ln the English language "Oleo
margarine (or butterine) used as a sub
stitute for butter," and shall keep the
same continuously posted as aforesaid
so long as said compounds, or either of
them, are kept and used. Tho provis
ions of this section shall not be construed
as ln any wise amending or invalidating
any of the provisions of sections fifteen
(15) or sixteen (16) of this act.
Sec. 21. The commissioner shall pro
vide blanks which shall be furnished to
all proprietors, or managers of creameries
and cheese factories, within the state for
the pm-pose of making a report of the
amount of milk and dairy goods handled,
and embodying such other statistical in
formation as the commissioner may re
quire, and all owners or managers of
said creameries and cheese "factories
shall, on the first (Ist) day of November
of each year, send to the "dairy and food
commissioner a full and accurate report
of the amount of business done during
the year, including the statistical in
formation required by said commissioner
Sec. 22. It shall be tho duty of said
commissioner, assistant commissioners.
Inspectors and agents at any and all times
to seize and take possession of any and
all food and dairy products, or substi
tutes therefor, or imitations thereof, kept
for sale or for a purpose, or held in pos
session or under Control, contrary to the
provisions of this act, or other laws which
now exist, or may be hereafter enacted.
Such seizure may bo had without a war
rant and said commissioner, assistant
commissioners, and all Inspectors and
agents appointed pursuant to law are
hereby given full power an* authority
Of constables. Any court having Juris
diction, upon receiving proof of probable
cause for believing in the concealment of
any food or dairy products or substitutes
therefor, or imitations thereof, kept for
sale or for a purpose, or had ln possession
or under control, contrary to the provis
ions <>f this act. or other laws which now
exist or may be hereafter enacted, shall
Issue a search warrant and cause a search
, to be made in any place therefor, and to
that end may causo any building, en
closure, wagon oijicar to be entered, and
any apartment, chest, box, locker, tub,
jar, crate, basket or package-to be broken
open and the contents thereof exam
ined.
Sec. 23. All such warrants shall be di
rected to said commissioner, or assistant
commissioners, or any Inspector or agent
appointed pursuant to law, or the sheriff
or constable, commanding such commis
sioner, assistant commissioners, inspect
■ or. agent or officer to search the house
or place when such food or dairy product
or substitute therefor or Imitation there
of for which he Is required to search Is
believed to be concealed, which place and
the property to be searched for shall be
designated in the warrant, and to bring
such food or dairy product, or substitutes
therefor or imitations thereof, when
found, and the person in whose possession
the same Is found, before the magistrate
who Issued the warrant, or before some
other court or magistrate having Juris
diction of the case.
Sec. 24. When the officer in the execu
tion or any search warrant Issued under
this act finds and seizes any food or
dairy product, or substitute therefor or
Imitation thereof, all the nroperty or
things bo seized shall be safely kept by
the direclion of the court or magistrate
so long as is necessary for the purpose
or being produced in evidence in any
trial, and on sut:h trial. It being found
that such food or dairy product, or any
substitute therefor or imitation thereof,
Is being kept for Bale or for a purpose,
or held in possession or under control,
contrary to the provisions of this act, or
other laws which now exist or may bo
hereafter enacted, the court shall, in ad
dition to the other penalties prescribed
by this act, order that said property be
forfeited to the State of Minnesota, and
shall order the same sold for any purpose
other than to be used for food, and the
proceeds thereof paid Into the stale treas
ury and placed to the credit of the state
dairy and food commissioner's fund. The
dairy and food commissioner, his agent
or inspector is authorized to take sam
ples from products seized for the purpose
of analysis. "
Sec. 25. No person shall efface, eras?,
cancel or remove any mark, statement
or label provided for by this act with the
Intent to mislead, deceive, or to violate j
any provisions of this act.
Sec. 26. No action shall bo maintained
on account of any sale, or other contract
made in violation of, or with intent to
violate any provisions of this act.
Sec. 27. The doing of anything pro
hibited, and the not doing of anything
directed to be done by this act. shall be
prima facie evidence of a willful intent to
violate the different sections and provis
ions hereof.
Sec. ?.S. In all prosecutions arising un
der this act the certificate of the chem
ist making the analysis, when duly sworn
to by such analyst, fchall be prima facio
evidence of the fact or facts therein cer
tilieci.
Sec. 29. All moneys received from li
cense fees, all fines collected for the vio
lation of laws relating to food or dairy
products, their imitations or substitutes
Sot i § roc^ds from all goods confis
cated and sold under the provisions of
this act and other laws relating to dairy
or food Products, their imitations or sub
stitutes shall be paid into the state treas
ury and placed to the credtt of the dairy
and food commissioner's fund
Sec. 30. Whoever violates any of the
provisions of this act shall be guilty of
a misdemeanor, and upon conviction
f?n«°£ «be r unls n<?<3 for each of
flj]i ,£ y a flno of not less than twenty
nve (2o) nor more than one hundred (luO">
dollars, or by Imprisonment of not less
Sffi^aSS d£ys ' nor «">«'££
Sec. 31 Chapter eleven HI), general
n*m ° f hun <*red and ninety-one
OS91) and all acts and parts of aefs li
%£&%£&?* provlßlonß *««* «
bp B ln fo 2 - T £' 3 act Bhall take effect and
be in force from and after Us passage.
Approved April 19th. 1899.
AT* *9£n APTL:R 256 - 8 - f - n O. 640.
EU«. th« tO t aut h°rize cities containing
te « thousand inhabitants to"
fm- « u S - tor the P urcha se of lands
fo a site lor state Institutions.
ltit« ena p Ct^ by the Legislature of the
fc>tate of Minnesota
con-.Vn^^- That , any clt >' ln th!s state
containing a population of l«ss than ten
thousand inhabitants may issue uTnegTo
tiable bonds for the purpose of acquiring
lands to be used by the State of Minne
*cL\a as , a v. srTo ,/°, r the. establishment of
an> state hospital or state Institution or
state asylum for the insane.
Sec. 2. The amount for which said
bonds may be issued shall not exceed the
sum of sixteen thousand (16,000) dollars
and the proceeds of such bonds when
Issued and sold, shall be applied ln pay
ment of the purchase money for the
lands to be used by the state for such
hospital site, or for public Institutions,
or for a state asylum for the insane
Sec. 3. The city council of any such
city may. by a majority vote of all the
members-elect thereof, adopt a resolution
directing the issuance of the bonds of
ths said city, to an amount not to exceed
sixteen thousand (16,000) dollars, for the
purposes hereinabove specified. Said bonds
shall be for sums not less than one hun
dred (100) dollars, nor for more than I
one thousand (1,000) dollars, and shall
bear interest at the rate of not more than
four (4) per cent per annum, and shall
be due at such times, not to exceed
twenty (20) years from the date thereof,
and payable at such places as the city
council by Us said resolution shall di
rect; the said bonds shall be signed by
the mayor and countersigned by the city
olerk of the s^aid city, and shall have af
fixed thereto the corporate seal of said
municipality.
Said bonds shall be sold for not less
than the par value thereof. Including in
terest to the date of the sale, and the
moneys and funds realized therefrom
shall be applied to the purposes herein
above set forth.
Sec. 4. This act shall take effect and
be ln force from and after Its passage.
Approved April 19th, 1899.
CHAPTER 297— 5. F. NO. 641.
AN ACT to permit • the city councils of
cities containing less than ten thou
sand Inhabitants to levy a special school
tax.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. The city council of any city
containing a population of less than ten
thousand (10,000) inhabitants, ln which
school taxes are now levied by said city
council, shall have the power and it shall
be their duty onco in each year to cause
a special school tax to be levied on all
taxable real and personal property ln
said city, sufficient ln amount to cover all
deficiencies as estimated by the board of
education for any school district whose
boundaries are coterminous with the cor
porate limits of the said city for ordi
nary school purposes; provided, that the
said tax levy shall not. for any finan
cial school year, exceed fifteen mills on
the dollar of the assessed valuation of
the property in said city.
Sec. 2. All acts and parts of acts,
whether general or special. Inconsistent
with this act are hereby repealed.
Sec. 3. This act shall take effect and
be in force from and after its passage.
* Approved April 19th, 1809.
CHAPTER 208— H. F. NO. 617.
AN ACT to prescribe the duties of the
deputy state treasurer.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. The state treasurer Is here
by authorized to appoint a deputy who
shall hold ofilce during the pleasure of the
state treasurer. In case of the absence or
inabilitj- of the state treasurer, the dep
uty shall perform all the several dutiea
required by law of the state treasurer.
The state treasurer and his bondsmen
shall be held responsible for all acts per
formed by such deputy state treasurer.
Sec. 2. This act shall take effect and be
ln force from and after its passage.
Approved April 20th, 1899.
CHAPTER 299— H. F. NO. 282.
AN ACT to regulate the payment of cor
oner's and Justice's juror's fees and
mileage in tho State of Minnesota, and
to make the same equal and uniform In
k all the counties throughout the state.
*Bo it enacted by the Legislature of the
State of Minnesota:
Section 1. Each juror sworn before any
coroner at any inquest taken by him shall
be entitled to one dollar for each day's
attendance upon such Inquest, and ten
cents for each mile traveled in going to
and returning from the place of holding
the same; the distance to be computed
by the usual traveled route, and shall be
paid out of the county treasury of the
county in which the service is rendered.
The coroner shall deliver to each juror a
certificate for the number of days' attend
ance and mileage traveled for which he is
entitled to receive compensation.
Sec. 2. Each juror sworn in any action
pending in a justice court or before any
sheriff on a writ of Inquiry, shall be en
titled to one dollar, to be paid in the first
Instance in all civil actions by the party
requiting such Jurors.
Sgc. 3. The certificate of the coroner
for services rendered as a juror before
him shall bo filed with the county auditor,
who shall at once thereafter Issue his
warrant upon the treasury of his county
for the amount due, which certificate
shall be a proper and sufficient voucher
for the issuance of such warrant.
Sec. 4. All acts and parts of acts
whether the same be special or general
acts that are Inconsistent with this act
are hereby repealed.
Sec. 5. This act shall take effect and be
ln force from and after its passage.
Approved April 20tft*, 1899.
CHAPTER 800— H. F. NO. 617.
AN ACT providing for leasing the ele
vator site now owned by the State of
Minnesota at Duluth to the Grain
Growers' Co-operative Association of
Minnesota.
Be It enacted by the Legislature of tho
State of Minnesota:
Section 1. There Is hereby created a
commission, consisting of the governor,
attorney general and state auditor, who
are hereby empowered to lease the site
for elevators now owned by the State of
Minnesota at Duluth, St. Louis county,
to the Grain Growers' Co-operative Asso
ciation of Minnesota, Incorporated under
title two (2), chapter thirty-four (84), gen
ernl statutes of Minnesota for the year
eighteen hundred and seventy-eight (1878),
with general offices ln Minneapolis, and
Intending to do business also at Duluth,
storing and selling grain for the produc
ers thereof.
The description of said site Is as fol
lows: Commencing at a point upon the
southeasterly (S. E.) line of the right of
way of the Duluth Transfer Railway
company where it intersects the easterly
boundary line of tho riparian estate and
submerged lands appurtenant to Har
rington's addition to Duiuth, as shown
In book "I," page "IT," agreements,
register of deeds' otJlce, St. Louis county,
and plat attached thereto, running twen
ty-three hundred and eighty and four
tenths (2.3504-1O; feet to United States
flock line. Thence westerly (W.) two
hundred and thirty (230) feet on said dock
line to center of commercial slip. Thc-nce
northwesterly (N. W.) parallel to the
nrst line twenty-three hundred and sev
enty-one and two-tenths (2.371 2-10) feet to
t; 16 Duluth Transfer Railway company's
right of way, at a point two hundred and
thirty and elghteen-hundredths (23018-lOui
lect westerly <\V.) from the point of be
ginning, as shown fully on the plat at
tached to the deed now in custody "of
state treasurer.
The said commission is also authorized
to turn over to Bald, the Grain Growers'
Co-operative Association of Minnesota,
the plans and specifications made for
state elevator in eighteen hundred and
ninety-three (1893), now in the custody of~
the railroad and wan-house commission.
bee. 2. Before the commissioners
named in section one <1) of this act shall
deliver to the president of the Grain
Growers' Co-operative Association or
Minnesota a lease of said elevator site
described in section one (1) of this act
they shall require a guarantee from the
Grain Growers' Co-operative Association
°£ £ linn . es , ota Uiat tne sald association
ehall build an elevator of not less than
four hundred thousand UOQ/iOO) bushels
capacity on said site within thre* (3>
years and operate the same for public
H E ? " n , der rule s and regulations estab
lished by said association and approved
by the governor, which shall be a condi
tion of the lease; also an agreement that
the charges for the handling or storing
r r ( L'- ( ''-!!rM VaUing shipment or 6ale sha 'l be
The commission shall fix the amount
of annual rental to be paid for the use
of said site at such sum ns they deem
proper considering the object of the
lease, being that the said association
shall create an open market for grain to
the producers wishing to ship through
3^ t SS&P w m:irkets of the worla
Sec. 3. The time for which said le.nse
%&&£zrsssn£tir* of the
Sec. 4. The condition of len^n shall b«
to C hn,',d at t"v an T '«*»«lature shall decide
to huild state elevators on the said sito
Lrt tho r 'Jfilitate a frro and open ma"
ket than this assor-iation can establish
the state reserves the right to cancel the
lease for the unoccupied pprt of the slt«
courts from garnishment therofor an
exempting such cash bail so deposked
Iii r TJt U '^ l \ n^ nt & nci execution." 1 tLd
Lesisiaiu - <* the
stat'fh^-w Al < y , muili cipal court of this
bvauVhnH? «rin>taal Jurisdiction is here
bail Fnrth tO aoce P t and receive cash
rented »nri a P» ea ™ n ee of any person ar
reatea and brought before such nr,,,,
--shai? e bv W ord a " ls <»«nean r or. bU The en
cash ban %t t T i£ x the amou M of such
fj? ™ ' but the am °unt so fixed shall
th« hi^f c , cX ° c^ d « double the amount of
no«» 5 f Cash - flne P^vlded to be im-
SSh wh'S 888 °l convlc «°n of the crime
with which such person co applying to
be admitted to bail is charged. After
the amount shall have been fixed by the
£?,?«*■ C ° Urt may ' from time to time
reduce the amount so fixed or Inoreasc
ton'rt^'u 0 ' *? c ? Ceed the above mln-
M S l c : fl 2 ' f^' h t t, never cash ball shall be de
posited for the appearance of any per
son brought before such court aa In this
act provided, the same shall for all pur
poses be deemed the property of the per
son charged with the offense, whether
the same be deposltd by such person
personally or by any third person or per
sons in his behalf. And in case simh
court shall by its order reduce the
amount thereof and order the release of
any portion thereof, or upon the final
deposition of the case order the releas
or the whole amount on deposit pay
ment to such person personally or to any
other person on his written order shall
be full satisfaction so "Tar as such court
and the officers having custody of such
cash are concerned.
cC ' a' . Whe " ever cash bail shall so be
ordered by such court to be deposited for
the appearance of any such person the
Bame shall be deposited with the 'clerk
Cf such court, and the same shall re
main so deposited with such clerk until
the final disposition of the case and the
further order of the court in reference
thereto. Such cash shall be disposed of
as the court shall direct in one of the
following ways: In case of the absolute
discharge of the defendant, or in case the
court shall order his discharge upon hid
executing bond to keep the peace the
court shall direct the whole amount re
maining on deposit to be at once returned
\° * m ' In case tllc charge against the
defendant upon which he shall have
already deposited such cash bail shnll
b.e withdrawn and a new charge or
charges shall be preferred against him
the court may direct the ball so deposited
to stand as if deposited for his appear
ance to answer to such new charge or
charges, or it may release part thereof
and direct the balance to so stand, or it
may direct the amount to remain on de
posit as a portion of an Increased amount
which such court shall order for his ap
pearance to answer to such new charso
or charges, and the defendant may be
committed till such additional sum be fut
rnshed without such commitment operat
ing to release tho amount so deposited
In case of the conviction of such defend
ant the court may order the amount de
posited to be applied upon any fine im
posed, and If such tine be less than thi
amount then deposited, the balance
be ordered to be at once paid to the 'V
fendant. If such fine shall equal the
amount th<-n depi sited the same m ■ .
ordered paid to satisfy such fine. If such
fine exceed the amount then deposited
the amount then deposited may be or
if re(J -, V bo aPPHefI "P°» such fine, and
the defendant committed until the bal
ance be paid. Such commitment howev
er, shall not exceed one day's time for
each one, dollar of such unpaid balance
In case the defendant be convicted and
punishment other than a fine be imposed
the court shall order the amount then on
deposit to be at once returned to him In
caso of the death of tho defendant before
final disposition of the matter, the court
ehall order the amount then on deposit
to be at once paid to his person;!! repre
sentatives, and payment of the wnole
amount to any one or more of such ren
resentatlves shall be full satisfaction so
far as such court and tho officers having
custody of such deposit are concerned.
Sec. 4. Whenever any such cash bail
shall be deposited as herein provided,
whether such deposit be retnilar'y made
or not, the paid court, and the clerk and
the several officers thereof, shall each
and all be absolutely exempt from gar
nishment, and such funds so deposited
shall be absolutely exempt from attach
ment or execution so long as the same
shall remain in the physical possession
of such court, clerk or other officer of
such court.
Sec. 5. Nothing In this act rontalned
shall be construed as limiting the power
of any such court to require a bail bond
to be given by any such defendant, but
such power shall remain as heretofore,
and in caso any such defendant phßll
offer to furnish such bond ho shall be
allowed to do so without cash ball beiiv
required, and if cash bail has already
been deposited, such bond may be sub
stituted therefor at any time, and there
upon upon the approval of such bond
the court shall order the amount of cash
bail then on deposit to be at once return
ed to tho defendant.
Sec. 6. Misdemeanors as governed by
this act shall be construed to mean all
crimes provided for by the statutes of
this state which do not amount to felo
nies, and also all violations of city ordi
nances.
Sec. 7. Cash ball deposited under tho
provisions of this act and thereafter for
feited shall be disposed of in the man
ner now provided by law for the disposi
tion of the proceeds of forfeited ball.
Sec. 8. All acts and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 9. This act shall take effect end be
in force from and after its passage.
Approved April- 20th, ISC9.
CHAPTER 302— H. F. NO 452
AN ACT to fix the salary of the deputy
state treasurer and "to appropriate
money therefor; to amend subdivision
twenty (20) of section ten (10) of chan
ter seven (7) of the general statutes
for the year eighteen hundred and sev
enty-eight (1878), and to repeal chapter
forty-seven (47) of the general laws
of the State of Minnesota for the year
eighteen hundred and eighty-one (1831),
extra session.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That the salary of the deputy
state treasurer for the fiscal year A. D.
13
one thousand eight hundred mid vinr-tv
ninf) (18W> and annually thereafter «-'i.all
be two thousand (2,000) dollars.
Sec. 2. That subdivision twenty C2O-1 of
section ten (10) <.i , en ,-, of
the genera] statutes of A. D. <
.sand eight hundred and a .
l«7»j be and the same Is hereby ami
ed so as to r< ad as I ollows:
20th. For salary of th dep ity treasurer
two thousand (2,000) dollars
See. 3. That chapter fo ty-seven (47)
of the genera] laws o( II
the year on* thousand eight hundred and
eighty-one (1881), extra . and
the same Is hereby repealed.
See. 4. This ;i<t shall tak< i tf< ft and be
in force from and after Its passage.
Approved April 20th, 1 >:■.
CHAPTER 803 ii. P. NO. 321.
AN AC! to facilitate the purchase ana
condemnation of lands within the limits
<>! Itasca State Park and to nppioprfate
money thi
Whereas, with c view to preserve in its
natural beauty for tl if this and
future generations, the sourci of the Mis
sissippi river and a trad of
'land containing thirty-hve (35) sq
miles surrounding the sai
ature of i '■.'..- tate In the s
Ushed Itasi a State Pai .
Whereas, upon r< hat thi'?
state would maintain Invlol; ie for park
purposes all the land within the limits
or said park, the governmei
united States, in th
dred and ninety-two 0892) leroualy
granted to the Si.it.- ol Mi a all
that It possessed therein, comprising
about one-half the entire arc:,- .
whereas, during all th< -!n"ce
elapsed, no adequate meat ■■ i>een
taken to acquire the lands owm
vate parties within the limit
park, there still being moi eiaht
thousand (8,000; acres over which Lhe
state has no control; and
Whereas, there Is constant and incn
rg Oangfr that these lam are
Intricately Intermingled with I
will bo cut ov.T by lumbermen and de
nuded of their natural growth of forest,
thus marring the beauty of thi whole
and inviting fires that would
every green tiling an<l entlr< t xh<;
objects for which said park was estab
lish.-d; therefore
Ec it enacted by the Legislature of the
State of Minnesota :
Section 1. That thr ; sum of twenty
thousand (20,000) dollars, or so much
thereof as may be found ne< •
and the name is hereby appi ■ I out
of any moneys in the state treasury not
otherwise i ■
of carrying int.; effect the
section seven (7/ of chaj ■ .
and six (106) of the general laws of
eighteen hundred and ninety-five I
and to pay for any and all la
than school lands, that may be acquired
by purchase or condemnation, according
to the provisions of said chapter, and to
pay all expenses connected v.ith euch
purchase and condemnation.
Of the foregoing approprii '!<-<n ten
thousand (10,000) dollars shall be avail
able for the fiscal year ending July thir
ty-first (31st), eighteen hundred and nine
ty-nine (1889), and ten th. .liars
($10,000,1 for the fiscal yeai July
thirty-first (31st), nineteen hund]
Sec. 2. As soon as any n
become available for on.v;. mc out the pro
vislona of said section seven (7j of chap
ter one hundred and fix (li gen
eral laws, of eighteen hundred -.'.<.. <\ ninety
five (1895), the governor shall .iirf-ct the
attorney general to enter upon an.l prose
cute proceedings for the purchase and
condemnation of such lands as ;. ro n<"~t
already owned by the state within the
limits of said park as the same v.'ero
established by chapter fifty-six ■ ••
general laws of eighteen hundred and
ninety-one (189] .), as amended b
one hundred and f-lx (106) of the general
laws of eighteen hundred and ninety-Jiv«
(lSi)s.t; and the attorney genera l , 'shall
thereupon commence such proceedings
and prosecute the same with all reason
able diligence.
He; shall first endeavor to ao<i".lr.^ such
parcels- N as shall seem to him to be In
most Imminent danger of being denuded
of timber.
Bee. 3. In case the appropriation herc-ln
made In section two (2) for the purchase
and condemnation of land shall become
exhausted, or shall. In whole or In part,
be unavailable when needed, and v snail
transpire that the timber is liable- t<. be
cut from any land within the limll
said park, the attorney general shall en
deavor to secure from the owner of such
land an option to purchase the same, for
a term not exceeding two years, which
shall contain an agreement that the tim
ber thereon shall remain un 'hir
ing said term. He may pay fo
tlon, if secured, a si'.rr; not exceedii g four
percentum per annum of su upon
the value of said land as the sumo may
be estimated by him.
Sec. 4. The sum of one thousand I
dollars, or co much thereof as •■ be
found necessary, is hereby a]
for the purpose of carrying oui the pro
visions of the pi •
Sec. 5. This act shall take effect and be
in force from and after its passage.
Approved -April 20th, lk'AK
CHAPTER 304— H. F. NO. 618.
AN ACT to amend chapter r.r;e 'u:n
dred eighty-one (181) of the laws of
one thousand eight hundred and eighty
seven (18S7), as amended b;
two hundred twenty-five (225) of the
laws of one thou -
and ninety-seven (Is!'7>. entitled, "An
act to reorganize tho Stai ' •■:ral
society and confer police pov
the board."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section one (1) n* rhap
*er one hundred eighty-one i! 5 !) of
the general laws o <:-ed
nnd etghty-sev s amended by
chapter two hundred twi i
of the general laws or" eight
and ninety-seven
is hereby amended so as to read as fol
lows:
Sec. 1. That hereafter the sfatr> agri
cultural society shall be ■ i
the following members:
First— Th: gates to :
and appoinfked by ci <!i of
district agricultural :■■
and In case any such soci .
neglect to choose ami
fates, then and in that ■ *
ent, secretary ar.d treasui
ciety shall, by virtu . he
members of the State Aj
ciety.
Provided, that a county i
ciety does not exh I
fairs In any county,
: to agricultural
.
such sti
such
and appoint su the
president, . (
such society shall, by \.
office, be members
tural society.
Provided further, when more than on*
street fair association or so I
hold its mccl Ings In any
the senior association or - II bo
entitled to such memb trship.
Second— Honorary life mci
by reason of >-. ■
culture, or In the nris and
nected therewith, or of I
ful service In the s
conferred upon it, may, b;
(2-3) vote ar any of i;s annual mci
b» elected os such.
Third— The ■ the
following societies and assoi lations: The
Stn»e Horticultural Society the State
An. her ('mm Soclefy, th ■ I
men's Association, the 9
Association, the Southern Minnesota
Association, the State Poultrj Associa
tion, 'he Stnif- B •■•■ X s< clal I n
and the president a ary of the
State Farmers' Alliance and the >Hnne
sota Stock Breeders' Association.
Fourth— Provided, that all su b a ■ i 1 s
and association tarn an i '.lye
existence and hold annual .
I have paid out as mn<-h f ■ .- - na
■ they receive from thi ■■an
annual membership <>f twenty-five I
more members, and
Provided further, that In the
of officers, ar.f 1 upon all questions
Ing at any meeting of sal ' iein
tural society, each of the p
mentioned, f>x' - .>i'i i:'
payment of one (1) In
person, or by proxy, provl ■ ■
is from the same county.
Sec. 2. This- act shall ti ke efTi ct i nd bo
In force from and .if; -;e.
Approved April 20th,
CHAPTER 305- -IT. F. XO. Sls
AN ACT empowering be I inty
commissioners '.. .
of years, the construction :>• <
of street railway lines upon the high
ways in their respective coi
side of cities and villages.
Be it enacted by the I-cfJslaLure of the
State of Minnesota: ■
Section 1. That boards of
missloners of the several counties •
state are hereby author!;
ered to grßnt, by resolution, to be <n
tered at length In their minutes to In
&h [duals, companies and corporations.
the right to construct, maintain •■•■ 1
operate street railway linos by
than steam power, for the transportation
of passengers, wholly or parti} upon any
of the public roads and highways In their
respective counties, outsit". > of i Itles and
villages, except such as may have been
parked or boulevarded, or otherwise spe
cially prepared for light driving, for a
period not exceeding twenty-!': vr> (26)
years, upon such terms and con<l ;
as to the use and occupation of the snme
for such purpose as the said boards of
county commissioners shall prescribe In
such resolution.
Provided, however, that such resolution