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16 ■ irk, and not of kin to any parties in . to meet at i ii said board, ... rai ■!■>• to commencing their duties ■■ :. 9 of nets in by iv i ■ !be ■ ■ i ■ . . [CO. 652. iv a i til o a I I ■ ■ Logisfal ol the . . ■ . ...... ,;. | tO i :■ ■ - .. . . I to th "•'■■ 111 ■ .' as • : iin •n ; icdod ■ i • 'ive | i ..,.,■_ j .. '.< -oath, ■ . ■'■ . •: Wit- j aid ( • said im . ird th ;■ if governor, an a ljusi • ■ of all ■ ■.- i! it ure ... , its sue ..: he r-;ato. ■ ■ . : ■ . ": \>\ c . said stati hi state ant for the a ml <!<•!' rmined upon . as if i] Lid, : ayable sti te I re; Ihe said m" iney irovkled shall lie paid i ;'>, Its BUC >r ■ . as the ■ i • \ to the State mt of . ■ ients afore !ms '>r demands ta of every ■ir d '.sci iptlo i. . ■ yance to ba ap pi rney gener I tal ffect and be s passage. . . .. 1899. R 849- 1!. F. NO. 673. AN :>!inK for the selection of car ir < lections by popular vota, and o elections. Be I by the Legislature of tho -. >ia: B ■ -. :. On Tuesday seven (7) weeks | pre e< ing any election (except special j ele- which officers of and for any county or city in this state are to be elected, a primary election shall be held in the several election districts of said cou: Ity, In accordance with this act. -'.. ' be ■" ov n as the primary ■ - ■-. ■ of choosing cbji all elective county and city ts. Judges, eleetiva members of school boards, park Boards, library boards, and h ii other officers which are to be chosen wholly by electors within and of such city or county at said ensuing election, and said primary election day ghali be and constitute the first day of the registration of elector* for the next ensuing election in all eleotlon districts of counties which are subject to the pro visions of this act, and shall be in lieu of the first day now provided by law for the registration of e;eotors in such dis tricts: but nothing herein shall be con strued to affect the date of the second or subsequent registration days now pro vided bjj Jaw. This act shall apply only to counties having or which may here after have, a population of two hundred thousand (200,000) inhabitants or more, and shall apply only to such offices as are balloted for solely within the confines of one 6uch county. For all other offiolal positions v,-ithln the gift of the people by ballot such other provisions as are provided by law shall apply. POLITICAL PARTIES. Beo. 3. A political party within tha meaning of this aot is one which shall have cast at least ten (10) per cent o< the total vote cast at the last preceding elec tion for its leading candidate, or shall present to tho county auditor a petition asking for the right to have a primary •leotion ticket aa hereinafter provided lor, such petition to contain at least ten OO) per o«nt of th* qualified electors of the county in which the privilege is Mked, .Nominations of candidates for •aid offices shall be made by suoh politio «.; Dartios In accordance with fhtt pro visions of this act and not otherwise: Provided, that nothing, herein contained shall bo construed to prevent the nomi nation Of candidates tor suoh offices by any groups, individuals o? so-called po litical paftles, which are not r»oognis«d political bai-Ues in accordance with this •fcotion. By petition In accordance with ihapttr four (45 of thd general laws, of Minnesota for eighteen hundred and nine ty-thred CISB3), which act shall b« herein l*f«rr«d to as the genera} »l«otfon law. ELEOTION DISTRICTS. Bee I The AleoUon districts for the which shall be fixed and detsrmlnad do* cording to Jaw Tor tha purposes of th« •lection text following the primary •lVo tlon; ana it shall be the duty of the city council, the supervisors 0 < tt\Q tbwhs or other officers h(j Orel by .said general tleotion law to divide tha territory over which they hava Jurisdiction Into various •lection districts, to mak« such division at least two (J) Weeks prior to tho hold ui£ of said primary oUV.'.on The map or description of «uch ilivijion required by 6ald general election law to be made and posted, shall Le made and posted at least one week preceding said primary election and copies of such man 6r description Bhall be furnished to the judges of primary election In each dis trict. "CANDIDATES " Sec. 4. At least eleven (11) days before the primary qlection day, any person who shall be eligible to an office which ho ■ccks Eiiall appear before the county aud \l°l Sldavlt to the effect that it Is bona flde his intention to run for the r or ; i any specified ufneo, and he shall then and there present a petition wl!> ntain at least five (5) per cent of the total vote cast for the candi- J atl ty with which he affiliates *? r ' !: - at the lrst general •J.OCI name on the petition to be th<l : -^d elector, and uyon pay ment of ten (10J dollars to the county auuitor, a receipt for v.-hich shall be given him, the county auditor shall place his name upon the primary election ballot 01 ; his party, as hereinafter provided Hie county audiior shall number each Petition in numerical order as received Buc s ' ■ -' '''-" dollars, in case of a candidate for a city office, shall be im mediately paid into the city treasury by the auditor, and in other cases shall be so paid into .tho tuun»y treasury Said affidavit may be in substantially th- following f.-irm: , *• J },: B being duly sworn (or affirmed) say that I reside at number street (city or town of ( ounty of State of Min ne - ■■' ■"■ n qualified voter therein 1 • (name of party), thafl ani a candidate for nomination to the office 'f ;-. , to .. be m ade at the primary election - f said party to bo held on ...... and hereby request that my name be ipon the official primary ballot f£ P rov! I by law as a candidate of the pai v. t , s nd sworn for affirmed) to BALLOTS. Bee ;•. The method of voting at snich primary election shall be by ballot, and provfded Printed as herein On the tenth flOth) day before the pri mary election the county auditor Bhall group all the candidates for each" paFtv by themselves, and shall prepare at ohoe in writing, a separate sample ballot for earn pany for public inspection, which offl^ i>.' OSt " v c< -' ns P' cu ous place in his Sh,^ ° shall then P roc eed to have printed a separate primary election bal mJ m? r i each i polr!cal P art y which has qualified as hereinbefore provided, these ballots" to be prepared in the following manner; each party ticket shall be kb solutely uniform in color and size, shall bo white and printed In black ink Across the head of each ballot shall be printed in plain black type, first: the name of the political party on each ticket, following the words, "Primary Election Ballot. On the next line and in smaller type, shall be printed the words "List of Candidates for Nomination to be voted }" f ln . . " (naming the dis trict that certain ballot ls intended for). vJiVV ,' ( . na . mll iS the war d that certain ballot is intended for), followed by the Fh m f °f \ f °i ty L town or vlI1 *ge ir. which the bailot is to be used the ballot, shall be a fac-simlle of the signature of the county auditor making SBoSSrSfc.*" 011 * 1 by the wordf On the next line shall be printed the words "Electors can vote but one of these tickets?, but must return them all folded together, to the Judge at the ballot box " The balance of the ticket ls to be made up ln the same manner as the batlots used at general election, except that: The tickets are to be mado up under the tMHd, in two (S) columns, with a design OFFICIAL PUBLICATION OF THE GENERAL LAWS OF MINNESOTA PASSED DURING SESSION OF 1899. of parallel or nllagree rule one-quarter (■•:) Inch wide, to separate the columns. At the i>>p of each column shall appear the words "To vote for a person, mark a cross X in the square at the right of he name of the person for whom you .:. . ire to vote Each one of these sentences at the head tnn shall be inclosed in a rule, • me as the names of each candidate, and .'i Its end shall be a square directly over the squares in which marks are to . tie, thai square u> have a black cross, X. which shall show the voter how to marl • Hot. ai i he top .if i ho loft hand column, at the left o* the line, In black type, shall appear Ihe pos! i a for which he nan . • .. i . .;. ndidates, and to Ihe • . ..::,;' the same fine the 'vote for." [hen I lie word "one," "i\vo,' ; or a spelled number designating hi.w ir;;: y persons under in;;: head are to for. .1: ■.• shall i-nrni' iho names of ate for Iha p sition, enclosed In a lig te, with a squai c to the trei ■ i i lit, -.]■■ pa rallel rul( s contain riami s to be ihrce-sixteentha ' of : .' inch p.i>arl . Each position with the names running foi .!.: ,-. si lon shall be separated from wing- oi by a blai k face rule to ■--'■!.•• ea< , ■ ition clearly. ill be arranged as fol lows, provid >1 nomi ■.■•.. for such posi lions are to b selected 1" said .•unity un «!.-r the provisions of this act hereinafter provided: Firsi judiciary, next congres sional, ;.\ county «..:i.' rs, next legisla tive, nexl (i!y officers, In all cases fol lowing under each heading hero given the rotatl m used In the make up of tl.e vari ous ballots at the general election. Sec. >'k 'The names of candidates for e.-u-!; ot',:.-o upon the sample ballot, shall be arranged alphabetically according to surnames. The names of candidates under headings designating .;■■■!>. official position shall be alternated on the ballots in the printing, in tho following manner: First, the forms shall be set up with the names in the order in which they are placed upon the sample ballot prepared l) y the county auditor. In printing each Bet of tickets, for the various election dis tricts, tho positions of the names shall be changed in each office division, as main- limes as there are candidates in tl>e offic< division in which there are tha most names. As nearly as possible an equal number of tickets shall be printed after each change. In making the changes of position, the printer shall take the line of type at the head of each office di vision, and place it at tho bottom of that division, shoving up the column, co that the name that was second before the change shall be first after the change. After the ballots are printed, before be ing cut, they shall be kept in separate piles, one pile for each change of posi tion, and shall be then piled by taking one from each pile and placing it upon the pile to be cut, the Intention being that every other ballot In the pile of printed sheets shall have names In a different po sition. After the pile is made in this manner, then they may bo out, and placed in blocks as provided by the general election law. There shall be no printing on the back of the ballots, or any mark to distinguish them, but the initials of the Judge or clerk. Except as herein otherwise provided. th 6 following seotlons of said general election law, are hereby made applicable to primary elections and primary election ballots under this aot, to-wit; Sections twenty-three (23), twenty-four (24), twenty-five (25), twenty-six (26). twenty-nine (29) and thirty (SO). NOTICES AND PLACES OF PRIMARY ELECTIONS. Sec. 7. The primary election shall be held In each election district at the place where the last election was held, or such other place as may be lawfully designated for the polling place for the eleotlon dis trict, and shall be held at the place where the registration of voters occurs for the election then n«xt ensuing. The notice required by section forty-six («)) of said general election law shall b« given with reference to such primary eleotion, and said selection ls hereby made appllcabls to primary elections hald hereunder. JUDGES AND CLERKS. Sec. 8. The Judges of election within the counties subject to the provisions of this act shall be appointed and designat ed in the manner provided by said general election law, at least ten (10) days prior to the primary eleotlon day, and tha Judg ea of election so designated In and for each election district in suoh county and Bitting therein as a board of registration, shell De and oonstitute the judges of pri mary election for such district. In all election dlstrlots wherein provi sion is made by said general election law for the appointment of clerks of election,' such olerks shall be appointed by tho Judge* of election in the manner provided by Section fifty-two (52). of said general eloctlon law, and said clerks shall assist the said board at and duslng the primary election and registration, upon said pri mary election day. The olerks may handle and make the necessary entries in the books of regis tration and the tally sheets in counting, or perform such other work as the judges may assign to them. In case of emergency said Judges may call to their assistance and appoint a number of olerks, not exceeding two ad ditional, having the same qualifications as the said first named olerks providing that said last named clerks shall receive no pay, unless it shall appear that they were necessarily appointed, and shall re ceive pay for such time only aa they are necessarily employed to meet such emer gency. Beo. 9. If a Judge or clerk of election shall fall to attend at said primary elec tion, or be a candidate thereat, disquali fied, refuses to act, or fails to qualify, or If any vacancy occurs, Judges shall be chosen and olerks appointed to act in stead ]n the manner prescribed by sec tions fifty-four (54) and eighty-eight (88) Of said general election law, which sec tions are hereby made applicable to pri mary elections held under this act so for as may be, and all Judges and clerks be fore acting" shall qualify by taking and subscribing the oath as In said section fifty-four (64) provided, which oath shall be held to cover the duties of Judges and clerks of eleotlons at such primary elec tion. On the primary election day the judges and clerks of eleotlon shall perform both the duties of the board of registration as prescribed by said general eloctlon law, and the duties of Judges and clerks of primary election, but snail receive single pay for actual time employed only, not withstanding they act In such double ca pacity. REGISTERS. Sec. 10. Tho registers provided by said general election law for the registration of voters shall have therein an additional column headed "Voted, Primary Elec tion." No names of voters shall be plac ed upon said registers prior to the day of primary election; nor shall any be placed thereon upon said day, in any in corporated city, except of those who shall appear In person before the board of reg istration for that purpose. COPIES OF LAW. Sec. 11. Tho secretary of state shall pro vide copies of this law In conjunction with said general election law as amend ed, and transmit the same to the county audltor of those counties which are sub ject to the provisions of this act, at least nine (9) days before any such primary electlon, ana the same shall be in lieu of any such copies of said general election law required to be transmitted to county euditors by the secretary of state for use in such counties. LIQUOR AND SALOONS. Sec. 12. The provisions of seotlons six teen (16), seventeen (17) and eighteen (18) of said general election law, relating to liquor and saloons, except the closing of the saloons on election day shall apply In. like manner to the primary election daj^ under this act, during all the times that the polls are required to be open, and the said sections are hereby adopted aa a part of this act, and me, mayor shall rrake proclamation as to said primary eiection day in accordance therewith. ARRANGEMENT AT POLLS, BALLOT BOXES. ETC. Sec. 13. The following sections of said general election law as amended, relating to the place of holding the election, change thereof* arrangements at polling places, the ballot boxes, booths, consta bles, sheriffs, police officers, arresfs and gatekeepers, are hereby made applicable id primary elections, held under this act, to-wit: Sections seven£y-four (74), seven ty-five (75), seventy-six (76), seventy-seven (77), seventy-eight (78), seventy-nine (79), eighty (SO), and eighty-seven (87); except that no more than one (1) ballot box for male voters, and one (1) ballot box for women who may be entitled to reg ister and vote at the next ensuing elec tion for any officer for which nomination ls to be made at the primary election, shall be provided for the primary elec tion; and for the purpose of determining the number of booths to be provided, recourse shall be had to the number of electors registered at the last preceding election within the same territory, ascer tained as near as may be. SUPPLIES FOR POLLS, ETC. Sec. 14. The following sections of said general election law, except as herein otherwise provided, are hereby made ap plicable to primary elections held under this act, to-wit: Sections eighty-one (81) eighty-two (82), eighty-three (8S), eighty four (84), eighty-five (85), eighty-six (S6)T VOTING. Sec. 15. The polls In the several election districts on the primary election day shall be kept open for the purpose of voting and the same officers shall remain in ses sion for the purpose of the registration of voters, for the same length of time which shall be from six (6) o clock in the morning until Bine (8) o'clock in the *v*a- Ing-. If at (he hour of closing there are any electors in tho polling place, or in line ;ii tho door desiring- to vote, and who an qualified to register and participate therein, and have not been able to do so since appearing at the polling- place, Bald polls shall be kept open reasonably long enough after the hour for closing to allow those present «t that hour to register and vote. No one not present at the hour of. i-losinjv shall bo entitled to register and vote because the polls may not actually be closed when he arrives. No adjournment or intermission what ever shall take place until the polls shall be closed and uiull all the votes cast at such poll have been counted and the re suit publicly announced; but this shall not be deemed to prevent any temporary r< cess while taking meals or other neces sary delay, provided that the board shall remain In session and that no more than one membi r of the board of election s ha!! at any time be absent from tho'poll ins place. Sec. 16. All persons entitled to regis tration as \(.i<-rs in the election district on the day of the primary election, for tho purpose of voting at the ensuing ek-c --tion, shall be entitled to partiolpato in the primary election, but nn voter shall receive a primarj > lection ballot or be en titled to vote until lie shall have first been duly registered as a voter then and there in tho manner provided by law, upon which registration unless chal le!':,'-. •<. end Si challenged, then only in ( v.'Mi that the challenge Is determined in favor of the voter) he shall be entitled forthwith, but not later, to receive such t'iiilois, ami auch ballots shall at <>:ico be tendered to him, to wit: One each of tho primary election ballots for each party, pinned together, and with the Initials of the Judges upon the back of each ballot at the bottom ed^o. A judge of election •-i ■■!:! instruct the voter mat ho is to vote for his choice for each office, using only the one ballot of the party with which he affiliates, but that ho must re turn all ballots pinned and folded togeth er, with the edges upon which are the ini tials of the judges uppermost. Sec. 17. When an elector has received his ballot, he shall forthwith retire to an unoccupied booth, and without undue de lay mark the ballot of that party with which he atlillaUs as he sees fit, with the indelible pencil to be found in such booth. If he soils or deiaces said ballot, he shall at once return the same and get a new ballot. In marking his ballot, he shall observe the following ruies: 1. The elector shall designate hl3 | choice on his ballot by marking a cross ! (X) mark in each of the small sffuares op posite tho names of the candidates f;,r whom he desires to vote, being oareful not to vote for more candidates for an onice than are to ba elected thereto at the elec tion to follow the primary election as in dicated on the ballot at the rig-ht of .?aeh I cfilce for which candidates are to be se lected. 2. Rules No. 4 and 5 of section one hundred (100) of said general election law relating to ballots wrongly marked and rejected ballots, are hereby made apolioa ble to primary elections held under" this act. Sec. 18. When an elector has prepared his ballot he shall fold all ballots received j by him, pinned together with the ed^ea upon which are the Initials of the juuijea uppermost, and so folded as to conceal j the face thereof, and all marks thereon, j and slmll hand the same to the Judgo ol | primary election, who is in charge of the ballot boxes. The folded ballots, when returned, shall be placed in the proper ballot boxes, and the name of the voter shall be checked off upon said registers in the column headed Primary Election. Except as herein otherwise provided, the following sections of said general election law are hereby made applicable to primary elections held under this aot, to-wit: Sections eighty-nine (89), ninety (90), ninety-one (91), ninety-two (92), nine ty-three (93), ninety-four (94), ninety-sev en (97), ninety-eight (98), ninety-nina (8J), one hundred one (101), one hundred two (102), one hundred three (103), one hun dred four (104), one hundred five (105), one hundred six (103), one hundred seven (107), one hundred eight (108), one hundred nine (109), one hundred ten (110), one hundred eleven (111), one hundred twelve (li 2), one hundred thirteen (118), one hundred fourteen (114), ono hundred fifteen (115), one hundred sixteen (113), one hundred seventeen (117), one hundred eighteen 048). Sec. 19. As soon as the noils are finally oleaed and before the canvass of votes,the Judges end clarks of elootion shall pre pare upon a blank delivered to them by the county auditor for that purpose, a statement substantially as follows: "Poll list statement of a primary elec tion held In (name of city or village) Min nesota ward or town dis trict, on the (day and year)." The number of persons whose names appear on the registers as present at tho above named primary election was ••• °£ whom were women. Ihe number of ballots cast by men wag ■ and the number of ballots cast by women was '■ The blanks in said form shall be filled I by the proper number, In each case to be W v rl f, te ?: In words and fljjures. Said form shall, before the canvass of the votes, be signed by each of the Judges, and attest ed by eaoh of the clerks. They shall also nil at the same time, in the registers j In the column for marking those who voted" at such primary election, the vora no opposite the name of every person whose name appears In the said registers who has not voted at such pri mary election. CANVASS OF VOTES. Bee. 20. Upon the completion of tho matters prescribed in the last section tha clerks and Judges of registration shall immediately open the ballot boxes at each polling place, and proceed to take thera from tho ballots. Each folded bunch of I ballots shall be examined, to sco that all have been returned, and said officers shall count the number of ballots cast by each party, at the same time bunching the tickets cast for each party togethar | in separate piles, and shall then fasten i each pllo separately by means of a brass I i PI * or , may use an >' means which shall effectually fasten each pile together Ht the top of each ticket. In the examination of the tlckets.should It appear that some of the electors have marked names upon fiifft-rent tiokets or some names upon all the tickets, then the Judges tshall examine them all and shall accept- only, to be counted.the ticket upon which the largest number of names aie marked, and in case tho same num two of the tickets bearing- the highest number of marks, then neither ticket shall be counted. The clerks and Judees UoA-Vt""*"' 6 a " pilots that are not sorted to bo counted, and they shall ba returned with the unused and spoiled bal lots to the county auditor As soon as the clerks and Judges shall have sorted and fastened together the =£ n♦ 1 f e ?u h * e P, arttte Party then they shall take the tally sheets provided by !i? c *?°, unty auditor . and shall count all the ballots for each party separately, un l\l the ?2 unt ls completed, and shall cer tify to the number oi votes cast for each candidate for each office upon the ticket ° £ ea ; cl 3, £ a T ty> They Bhall then place the ffl^v? laUots 1n th * box, but in no case a«1 th , e , y . se P ai : at c them from each other After all haye been cfounted and certified «m y «, the Clerk 3 and 3ud S° 3 they shall seal the returns for all partle3 "in one audltoT' tO bS returned to the county Except as herein otherwise provided \£« ma i} e Z Pertaining to the canvass of -votes shall be conducted in the manner prescribed by the following sect™n"s as *™ en £ ed - of such general election la" and the same are hereby made applicab'a to-wu" lary elections held under this act! Sections one hundred twenty-three (123) one hundred twenty-five (12$), one kun ty-seve^^f^on^^ °T hundred! twen trnn ™ U 2 *). one. hundred twenty-eight 028) one hundred twenty-nine (ID9) c-Yrt hundred thirty-four (134), one hundred l^ty-rive a B6). one hundred thlrty-ix O?.b), Dne hfindred thirty-seven 037) one fortfcehrnwi^f^. <*\.«5 hundred nine (149) ° n ° hundred fort y- TALLY BHEET9. , Se . c - 21. Two tally books, or two sets of tally sheets for each political paVtv having candidates to be voted for at skid pTlma ?' ? lectlnn s hall be furnished for each election district by the county audit or, at the same tjme and in tho samo manner that the ballots are fumiK and shall be substantially as follows ' Each ,^ aII 7 sheet . or the first t.he«t of S«s*!*«.risagSr:.*?s (ward or town) election di'stri.'-t* - for a primary election held . (data •' The names of candidates shalVbe placed on the tally sheets in the order in which they appear on the official sample ballots and In each case shall have \he proper party designation at the head thereof Except as herein otherwise provided, tally sheets shall be prepared in accord- with sections one hundred thirty (130) one hundred thirty-two (132) and one hundred thirty-three (133), of said general election law, and the same are hereby made applicable to primary elec tions held under this act RETURNS. Sec. 22. In making out the returns of the Primary electron In the several eleo tion districts the same shall be done and all matters pertaining thereto conducted in accordance with the following secttonn of said general election law, except as herein provided, tb-wit: Sections one hundred llfty-one 051), one hundred fifty-two (152), one hundred fifty three (163), one hundred fifty-six 056), one hundred fifty-seven (157 X one hundred sixty-ono (K\), and one hundred sixty iwo (it) 2), and Baid sections aro hereby made applicable to primary elections held under this act CAN VASSING BOARD. Sec. 23. The clerk of the district court of the county, the county auditor, the chairman of the board of county commis sioners, and two Justices of the peace of the samo county, of opposite political par ties from that of the majority of the oth er members of the canvassing board, if possible, to be selected by tho clerk of the district court, shall constitute the county canvassing board for the purposes of the primary election and shall meet at the court house In the county at ten (10) o'clock in the morning of the second day after Baia primary election, and shall proceed after taking tho usual oath of ofllco, to openly and publicly canvass the primary election returns made to the county auditor. Any three of said canvassing board shall constitute a quorum, and are au thorized to nuke the canvaas herein pro vidid and to certify to the results thereof. The canvassing board shall not wait until all the returns are at hand before beginning, but after filling out their sheets with the names and number of the election districts, they shall take such returns as ore at hand, and nil in the results there shown, and when the re turns aro not at hand they shall leave a space until the missing returns are brought In. Sec. 24. The canvassing board shall make and prepare a statement the same to be signed Ly the said board, and nltd in tho ottieo ol Ihu county auditor as fol lows : 1. A- statement containing the names of all candidates voted for at the primary election, with the number of votes re ceived by each, and for what office, said statement to bo made as to each political party separately. 2. A statement of the names of tho persons or candidates of each political party who are nominated, to-wit: Those persons or candidates of such political party who received the highest number uf votes for tho respective offices; and where there, is more than one person to be elected Co a given office at the ensu ing election, there shall be included in said statement of nominations the names of so many candidates of such party, receiv ing the next highest number of votes for that office, as there are persons to be elected to such office at said ensuing elec tion. Said statement shall in like man ner be made separately as to each politi cal party. 3. A statement of the whole number of electors registered and the number of bal lots cast, male and female separately at such primary election. If two or more candidates of the same political party are "tied" for the same of fice the "tie" shall be determined by lot to bo cast then and there by and as the canvassing board may determine. It shall be the duty of the county auditor upon the completion of its can vass by said canvassing board to mall or deliver in person to each candidate so nominated, a notico of such faot, that his name will be placed upon the official ballot at the ensuing election, provided a fee to be named therein is paid on or before the day to be named therein, in each cage the same to be named in accordance with the fee and date required by said general election law, and a notice further that his name will not be placed upon the ballot if said fee Is not paid by such time. Sec. 25. The persons whose names are so properly placed in said nominated statement shall bo and constitute the nominees of the several political parties in which they were candidates, and such ne.mes shall be printed upon the official ballot prepared for the ensuing election, in like manner as If such persons had been duly nominated by a party con vention of delegates with the certificate thereof filed as required by said general election law; provided, no name snail be placed upon the ballot for said ensuing election unless the further fee required by said general eleotion law is paid with in the time therein required as in case of filing certificates of nomination from con ventions. No names of candidates of any political party which is required to make nomina tions under this act for officers to be vot ed for wholly within such oounty, shall be placed upon the official election ballot, unless such candidates have been chosen in accordance with this act; except in case of a vacancy occasioned by the death, removal or resignation of any candidate so chosen or arising otherwise, and in such event, the campaign or party committee of . the same political party, or if there be no suoh oommittee, then a mass convention of such party, may fill such vacancy, the name of such new candidate to be certified undar oath to the county auditor by the chairman and secretary of such committee or conven tion. COMPENSATION AND EXPENSES. Sec. 26. The following sections of said general election law relating to compen sation and expenses, are hereby made ap plicable to primary elections held under this act, except as may be herein other wise provided, to-wit: Sections one hun dred fifty-eight (158) and on» hundred seventy-two (172). The compensation of the clerk of the district court shall be the same as that of other members of the canvassing board. REVIEW BY COURTS. Sec. 27.— Whenever it shall appear by affidavit to any judge of the supreme court or district court of the county, that an .error or omission has occurred, or Is about to occur In the printing of the name of any candidate on official ballots, or that any error has been or is about to be committed In prl-ntlng the ballots, or that the name of any person has been or is about to be wrongfully placed upon such ballots, or that any wrongful aot has .been performed, or is about to be per formed by any Judge or clerk of the pri mary election, county auditor, canvass ing board or member thereof, or by any person charged with a duty under 4hls act, or that any neglect of duty by any of the persons aforesaid has occurred, or is about to occur, such Judge shall by order reqalre the officer or person or per sons charged with the error, wrongful act or neglect, to forthwith correct the error, desist from the wrongful act or perform the duty, and do as the court shall order or to show cause forthwith why suchfcer ror should not be corrected, wrongful act desisted from, or such duty or order performed. Failing to obey tho order of auch Judge sftall be contempt. Any candidate at such primary election who may desire to oontest the nomina tion of any candidate for the same office at eaid primary election, may proceed by suoh affidavit so presented, provided that such affidavit be presented within flvo (5) days after the completion of" the canvass by said canvassing board, and not later, and the candidate whose nomination la so contested shall, by the order of such Judge duly served, be required to appear and abide by the orders of the court, to bo made therein. ■ OFFENSES AND PUNISHMENTS. Sec. 28. The offenses and penalties and punishments thereof, as set forth !n the following sections of said general election law, shall be applicable to the same per sons and matters pertaining to the pri mary elections held under this "act, and said sections are hereby made applicable to primary elections held under this act. to-%vlt: Section one hundred fifty-nine (159), one hundred sixty (160), one hundred ninety-four (104), one hundred ninety-five (195). one hunrlrecl ninety-six (l'J6) and one hundred ninety-seven (197). Sec. 29. This aot shall take effect and be in force from and after its passage. Approved April 20th, 1399. CHAPTER 350— H. F. NO. 372. AN ACT providing for condemnation of right of way by street railway com panies In certain cases. Be it enacted by the Legislature of the State of Minnesota: Section 1. Any corporation organized under the laws of this state, for the pur pose of constructing a street railway In this state, wholly or partly without the limits of any city or cities, shall have the right to acquire and occupy private right of way throughout any portion of its route outside the limits of any city or cities, whenever deemed necessary by puch corporation, and for that purpose shall have tho power to exercise the right of eminent domain, including the cross ing of intervening highways when neces sary, and the provisions of sections twenty-six hundred and five (2G05) to twenty-six hundred and sixteen (261H), both inclusive, and section twenty-six hundred and forty-two (2642), statutes of Minnesota, eighteen hundred and nlnetv four (1894) , so far as corslstnnt herewith. shall apply to and govern the exercise of such right. Sec. 2. Thip not shall take effect and be in force from ?nil after Its passage Approved April 20th, 1899? CHAPTER 361— H. F. NO. 412. AN ACT authorizing any city incorpor ated prior to the adoption of the con stitutional amendment proposed by chapter 2SO of the general laws of Min nesota of the year 1597, or any village in this state, desiring to be incorporated as a city to frame Its own charter for its government as a city, consistent With- and subject to the laws of this state. Be it enacted by the Legislature of the State of Minnesota: Section 1. Any city incorporated prior to the adoption of the constitutional amendment allowing cities already incor porated, and villages desiring to be in corporated as cities to frame their own charter as cities, and classifying cities for the purpose of general legislation, ■which constitutional amendment is pro posed in chapter two hundred and eighty (280) of the general laws of Minnesota of the year eighteen hundred and ninety seven (1897), and any village in the Stats of Minnesota desiring to be incorporated as a city, may frame a charter for its own government as a city aa hereinafter provided. I Sec. 2. The Judge or Judges of the dis trict court of the Judicial district in which such city or village is situated may in his or their discretion upon presentation of a petition signed by at least ten (10) per cent of the legal voters thereof, ac cording to the returns of the next pre ceding election in euch city or village ro questing such action, or whenever said Judge or Judges shall deem it advisable lor the best Interests of such city or vil lage, appoint a board of fifteen (16) free holders who shall be, and tor the past rive (6) years shall have been, qualified voters or such city or village. Such board of fifteen (15) freeholders shall hold office for a term of four (4) years. Such board shall within six (6) months after its appointment, return to the chief magistrate of such city or village a draft of the proposed charter, signed by the members of Bald board, or a majority thereof. Such charter shall be submitted to the qualified voters of such city or village at the next election thereof, and if four-sev enths (4-7) of the qualified voters voting at such election shall ratify the same, it shall, at the end of thirty (30) days there after, become the charter of such city or village an a city and supercede any ex isting charter and amendments thereof. Provided, that in cities having patrol limits now established such charter shall require a three-fourths (%) majority of the qualified voters voting at such elec tion to change the patrol limits now es tablished. Duplicate certificates shall be madu set ting furth the charter and ratification, which shall bo signed by the chief magis trate of such city or village and authen ticated by its corporate seal; one of such certificates shall be deposited in the office of the secretary of state, and the other, after being recorded in the office of the register of deeds of the county in which such city or village is situated, shall be deposited in the office of the city or village clerk, or the corresponding offi cials, of such city or village, and all courts shall take Judicial notice thereof. Such charter so deposited may be amended by a proposal therefor made by said board, published for at least thirty (80) days in three (3) newspapers of gen eral circulation in such city or village, and accepted by three-fifths (3-5) of the qualified voters of such city or village, voting at the next election, Rnd not oth erwise, but said charter shall always be In harmony with and subject to the con stitution and laws of the State of Minne sota. Upon the application of five (5) per cent of the legal voters of any such city or village, by written petition addressed to and filed with such board of fifteen (15) freeholders, such board shall submit to the vote of the people any amendment to euch oharter endorsed by such applica tion and petition. Such submission shall be made in the same manner as is above provided for the submission of amendments in general. Vacancies in said board of freeholders, whether caused by death, disability to perform duties, resignation, removal from the corporate limits, or expiration of paid term of office of four (4) years, shall be filled by the appointment In the Bame manner as the original board was created, and said board shall always con tain its full complement of members. Any member permanently removing from the corporate limits of such city or village shall be considered to vacate his office. Sec. 8. Any such charter shall provide, among other things, for a mayor or chief magistrate and a legislative body of either one (I) or two (2) houses; if of two (2) houses, at least one (1) of them shall be elected by a general vote of the electors. In submitting any such charter or amendment thereto to the qualified voters of sucn city or village, any alternate section or article may be presented to the choice of the voters and may be voted on separately without prejuldce to other articles or sections of the charter or any amendments thereto. Sec. 4. Upon the draft of such charter being returned to such chief magistrate 68 aforesaid, the law making authorities of such city or village, as the case may be, shall forthwith make suitable pro vision for submitting to the qualified vot ers of such city or village the question of the adoption of such charter. Such question may be submitted at either a general or special election, and whether such election be general or spe cial, it shall be conducted In all respects in the manner provided for general or Bpecial elections by the general laws of this state. The ballot to be used at such election shall have printed upon it this question, "Shall the proposed new charter of the city (or village) of be ratified?" Following, and to the right of such ques tion shall be printed or written the words "Yes" or "No." The voter shall Indicate his choice by an "X," marked to the right of the "Yes or "No," according as he is in favor of, or opposed to the ratification of euch charter. In the event of any alternate section or article being presented for the choice of the voters, any form of ballot may be used which will clearly Indicate the choice of the persons voting such ballot between such alternate sections or articles. Sec. 6. Such charter In superseding any previous charter and amendments there of shall not affect any right, lien or lia bility accrued, established or subsisting previous to the time when such charter takes effect, nor affect any action or pro ceeding pending when such right, lien or liability shall bo in force, and auch action or proceeding shall be carried on In all respects as if sucn charter had not taken effect, nor shall any charter be in anywise construed as to affect any right or liability acquired or accrued un der the previous charter and amendments superseded thereby on the part of any city or any person or body corporate. Sec. 6. Alii ordinances, resolutions and regulations in force at the time such charter takes effect and not inconsistent with the provisions thereof, shall remain and be in force, until altered, modified or repealed, by the law-making authorities of such cities. Sec. 7. All rights of action, penalties and forfeitures accrued to such city or village before such charter takes effect shall remain unaffected thereby, and may be prosecuted, recovered and re ceived as fully in every respect as though such charter had not taken effect. Sec. 8. Any lien on real property exist ing in the State of Minnesota or such city or village, at or before the taking effect of such charter, for taxes and special as sessment levied by such city or village, and all right, title or estate acquired by or vested in the State of Minnesota, or any such city or village by reason of the •forfeiture or sale to the state, or city, or village of any tract of land, town, city or village lots offered in a public Bale for tßxes or special assessment levied by such city or village, interest and costs due thereon, and not sold to others for want of bidders, are hereby assigned and transferred to and continued in such city or village, and all lands, town, city or village lots forfeited or sold to the state, or such city or village shall from the taking effect of such charter be deemed and taken to be forfeited and sold to such city or village. In all cases where certificates of purchase have, at the time such charter takes effect, been made out in the name of purchasers at any sale for such delinquent taxes or spe cial assessment, the right to redeem any such sale shall not b© imnatred by any thing in this act or any such charter con tained. Sec. 9. It shall be lawful for any- such city or village in such charter or by amendment thereof to provide for regu lating and controlling the ftcercise by eny person or corporation of any public franchise or privilege in any of ths streets or public places in such city, whether such franchises or privileges have been granted by said city or village, or by or under the State of Minnesota, or any other authority; but no perpetual franchise or privilege shall ever be grantod; nor shall any exclusive fran chise or privilege be granted unless the question of granting the same shall have been first submitted to the qualified voters of such city and adopted by a majority voting at such election on the question, nor in such case for a longer period than ten (10) years. Sec. 10. That the city council shall control the property and finances of the city and shall have power to appropriate money for city purposes only, except as hereinafter provided; to provido for the payment of its debts and expenses; to borrow money on its credit for city pur ftoses and to issue bonds therefor; to ssue bonds in the place of and to supply moans for paying maturing bonds and to consolidate or fund the same. Provided, that the total indebtedness of such city, except as hereinafter provided, shall not thereby be made to exceed five (5) per cent of the total value of the tax , able property of such city, according to the last preeedlng'assessment for the pur poses of taxation, except in cities where such limit has already been reached, or expenditures have already been author ized by vote of the people of said city, which will cause the said limit to be reached ; Provided, however, that the certificates of indebtedness issued for the creation and maintenance of a permanent im provement revolving fund shall not be considered as a portion of the Indebted ness of the city for the purposes of this section. Provlded.vfurther, however, that in case of any such city now organized, or terri tory hereinafter to be organized, the total indebtedness of which at the t!me of the passage of this act exceeds five (5) per cent, of the total value of the taxable property of said city according to the last preceding section for the purposes of taxation, the city council of such city in corporating under this provisions of this act may lefiuo bonds sufficient to pay the floating Indebted noßi then existing of ally ' such city, the proceeds of which bond 3 shall be used solely for the purpose of paying such Indebtedness, and there after the city council of any such city shall not be authorized to Issue any bonds, except as hereinafter provided, and except for the paying of maturing bonds of said city, until the total indebt edness of said city, except as hereinafter provided, shall be reduced to an amount less than five (5) per cent of tho total value of the taxable property of such city according to the last preceding as sessment for tho purpose of taxation, and thereafter the city council of such city may issue bonds in accordance with the provisions hereof and within the limits herein first prescribed. Provided, further, than any city having a population of less- than eight thousand (8,000), an Indebtedness not to exceed ten (10) per cent or the total value of the taxable property of such city may be in curred by the Issuing of bonds in the same manner as above provided for the incurring of indebtedness not to exceed five (5) per cent. Provided, further, that where any city has, prior to Its becoming incorporated under the provisions of this act, and for the purpose of constructing, regulating, maintaining, or extending or Improving suitable water and light plants, or either of such plants, or for the purpose of purchasing, maintaining, extending and Improving any water and light plants, or either of Buch plants, already in existence in such city, or for the purpose of ac quiring or paying for any real estate or other property needed in connection with such water or light plants, or either of them, for the protection of the purity of tho water supply, or otherwise, issued or authorized to be issued bonds, bo that the amount of said bonds when added to the other Indebtedness of said city shall cause the entire Indebtedness thereof to exceed five (5) per cent of the total value of the taxable property of said city, ac cording to the last preceding assessment for the purposes of taxation, then said bonds shall not be deemed to be a part of the total indebtedness of 6aid city, which said city is hereinbefore forbidden to make to exceed five (6) per cent of the total value of said taxable property; and thereafter said city may issue such addi tional bonds as may be necessary to ex tend, enlarge or improve Buch water and light plants, or either of such plants, and euch additional bonds, so Issued for such purposes shall also not be deemed to be a part of the total indebtedness of Bald city, which said city Is hereinbefore for bidden to make to exceed five (6) per cent of the total value of said taxable property. Buch bonds shall be authorized Issued, negotiated and sold, in the same manner as other city bonds, and shall be a first liGn upon all water and light plants and structures of every kind, if issued for both; or If for only one, then upon the appliances and structures there of, and all the property acquired or used in connection therewith, erected, owned or purchased by said city, and the pro ceeds of such bonds shall not be expended for any other purposes, than that for which they are issued. No city council Of any city In this state, shall Issue bonds for any purpose to the amount of one hundred thousand (100,000) dollars or over, until the proposition to issue said bonds has been approved by a majority of the legal voters of that city voting at a gen eral or special election. Sec. 11. In case of a rejection of a charter proposed by such board, said board may propose a new charter In the same manner as is above provided for the submission of the first charter adopted by said board, and such charter co pro posed shall be voted on in Ilk", manner and with the same effect as is above pro vided in the case of said first charter, and if adopted may be amended in like manner. Sec. 12. All acts and parts of acts in consistent with this act are hereby re pealed. Sec. 13. This act shall take effect and be in force from and after lta passage. Approved April 20th, 1899. CHAPTER 352— H. F. NO. 359. AN ACT to encourage a better condition of the public schools and to appropri ate money therefor, and repealing chap ter one hundred and forty-four (144) of the general laws of eighteen hundred and eighty-one (1881), as amended by chapter one hundred and one (101) of the general laws of eighteen hundred and ninety-three (1893); chapter sixty-one (61) of the general laws of eighteen hundred and eighty-one (1SS1), extra session, as amended by chapter forty (40) of the general laws of eighteen hundred and eighty-three (ISS3); chap ter one hundred and eighty-three (183) Oi tho general laws of eighteen hun dred and ninety-five (1895) ; and chapter two hundred and fifty-nine (25U) of the general laws of eighteen hundred and ninety-seven (1897), as amended by House Filo Number one hundred and thirty-five (135), of the thlrty-flrst (81st) session of the Legislature of Min nesota, approved March eleventh (11th), eighteen hundred ninety-nine (1899), chapter ona hundred and fifty-one (151) of the general laws of eighteen hun dred ninety-three (1893), and chapter two hundred and fifty-six (256) of the general laws of eighteen hundred nine ty-seven (1897), relating to certain Schools. Be it enacted by the Legislature of the State of Minnesota: ARTICLE I. Section 1. The governor, superintendent of public instruction and the president of the University of Minnesota, ex-offlclo, are hereby constituted a board of com missioners on graded and preparatory eohools for the encouragement of higher education in this state. Said board shall be called the "State High School Board," and shall perform the duties and exer cise the powers hereinafter mentioned. The members of said board shall serve without compensation but shall be en titled to their actual and necessary ex penses. Bee. 2. The state high school board is hereby authorized to appoint a suitable person to Inspect high schools who shall be called the "High School Inspector." It shall be the duty of such inspector to visit each high sohool in the state and make a report thereon as hereinafter provided and to perform such other du ties as may be required by the board. The salary of the high school Inspector shall be fixed by the nigh school board, and he shall also receive necessary trav eling expenses to be paid in the same manner as provided by law in the case of state officials. The high school board shall also ap point a suitable person to Inspect stata graded schools who shall be called "Grad ed School Inspector," and whose duties shall be similar to those of the high school inspector. The. ..salary of the graded school in spector shall be fixed by the high sohool board and he shall also receive necessary traveling expenses to be paid In the same manner as state officials. Said board may employ such assistant examjtiers as shall be found necessary to carry out the provisions* of this act; Provided, no such assistant examiner shall be paid a compensation to exceed three (3) dollars per day, or fifty (50) cents per hour for services actually per formed, and no compensation shall be paid to any person receiving a salary from any stato institution. Sec. 8. The state high school board shall have power to establish any neces sary and suitable rules and regulations relating to examinations, reports, accept ance of schools, courses of studies and other proceedings in connection with high and graded schools claiming state aid. Sec. 4. The said board shall keep a careful record of all its proceedings, and shall on or before the first (Ist) day of September in each year make a report to the superintendent of public instruction covering the previous year, showing In detail all receipts and disbursements, the names and number of high and graded schools receiving aid and the number of pupils attending the classes In each, to which report it may add such recom mendations as Is deemed useful and prop er. ARTICLE 11. Section 8. The public schools of this state entitled to slate aid as herein pro vided, shall, for the purpose of this act, be divided into four (4) classes, as fol lows, viz.: State high schools. State graded schools. State nemi-graded schools, and rtate rural schools. Sec. 8. Any public graded school In any city or incorporated village, or any town ship graded school in tjiis state which sluill comply with the provisions of this act, may become a state high school en titled to old as herein provided. Sec. 7. In order to be entitled to state aid as a stata high schooi, such school shall have" first fully complied with the following conditions, viz.: First— lt shnll havo maintained tor the school year next preceding that for which aid Is granted at least nine (it) months school. Second— Tt shall admit students of either sex frefm any part of the state without charge for tuition, but no such school shall be requfred to admit nonresidents unless they ehall pass an examination In all the common school branches pursued and completed In the eighth (Sth) grade of the graded schools of this state, viz.: Arithmetic, English grammar, geography and United States history. Third— lt shall have regular and order ly courses of study embracing nil the branches prescribed by the state high school board as prerequisite for admis sion to the collegiate department of the • University of Minnesota. Fourth— lt shall be subject to such rules and regulations, not inconsistent with this act, as may be prescribed by the state high sohool board, and such school shall be open to visitation by any mem ber Of said poard, or the high school in ipector at all times. Sec. 8. The state high school board" Bhall cause each high school receiving aid under this act, to be visited at least once In each school year, by the high, school Inspector or such assistant as It may appoint, who shall carefully Inspect the instruction and discipline of the classes and make a written report on the same Immediately, and' no money .shall be paid In any case until such repirt shall have been received and examined by the board, and the work of such school approved by a voto of said board Sec. 9. The said high BchooT board ehall receive applications from such pclvoola for state aid and shall apportion to each of said schools which shall have fully complied with the provisions of this act and the rules of the board n hiring, to state high schools, and whose applica tions shall have been approved by the board, the sum of eight hundred (SOO) dollars In each year; provided, ftowevjjr, that In case the amount appropriated and available und'-r this act for the pay ment of aid to such schools shall, in any year, be Insufficient to apportion to each of Buch state high schools as un- entitled thereto the full amount of eight hundred (8001 dollars, then In such case such amount as is appropriated and available shall be apportioned pro rata amoni all the schools entitled thereto. Sec. 10. The high school board Ehall have full discretionary power to consider and act upon applications of high schools for state aid, and, subject to the provi sions of this act, may prescrib ■ ths con ditions upon which such aid will bo granted; and it shall be its duty to ac cept and aid such high schools "only as will in its opinion, if aided efficiently, perform the services contemplated by law.; but not more than five (s"> schools shall be aided in each county in any ona year. Any school accepted and continuing to comply with the law and regulations of the board, made In pursuance ther«of, shall be aided not less than two (2) years. In case any state graded school,' as hereinafter provided, shall have atta'ned such a degree of proficiency as to en title it to a promotion in a "high school, and the state high schools In the county Shall have already reached the number of five (5), such graded school, in the dis cretion of the board, may be so promoted, and take tho place of the high school In the county first receiving state aid for the period of at least two (2) years; that any state high school so deprived of state aid shall continue under the supervision o£,the board, with all the privileges, ex cept state aid, of a preparatory school for the University of Minnesota ARTICLE 111. Bee 11. Any public Bchool In any town or village, or any township graded' school in the state, not entitled to aid as a state high Bchool, but fully complying with the provisions of this act relating to state graded schools, may receive such aid as hereinafter provided for state graded schools. Sec. 12. In order to be entitled to aid as a state grade school, such school Khali have l'uily complied with the following conditions, viz. : First— lt shall have maintained for the school year next preceding that for which aid Is granted, at least nine (9) months' school. Second— lt shall be well organized, hav ing at least four (4) departments in charge of a principal and teachers having such Qualifications as may bo required under the rules established by the state high school board; provided, such princi pal shall be a graduate from the ad vanced course of a state normal school, " or the" academic or pedagogical depart ment of some reputable college or state university, or have a first grade state certificate, or atate professional certifi cate. Third— Such school ehall have suitable school buildings, a substantial library and such other apparatus as is necessary for doing efficient work. Fourth— lt shall have a regular and or derly course of study embracing all such branches as may be required under rules enacted by the state high school board. Sec. 13. Said board shall cause each grade school in the state, claiming aid under the provisions of this act to be visited at least once in each year, by the graded school Inspector or an assistant inspector, who shall carefully Inspect the Instruction and discipline of the classes and see that such school la complying with the provisions of this act and" the rules established by said board, and make a written report on the same Immediate ly; and no money shall be paid In any case until such report shall have been re ceived and examined, and the work of such school approved by a vote of th« high school board. Sec. 14. The said board shall receive ap plications from such schools for state aid and shall apportion to each of said grad ed schools which shall have complied with the provisions of this act, and the rules of the board relating to state graded schools and whose applications shall have been approved by such board, the sum of two hundred (200) dollars In each year; pro vided, however, that in case the amount appropriated and available under this act for the payment of aid to such schools shall In any year be insufficient to appor tion to each of such state graded schools as are entitled thereto, the full amount of two hundred (200) dollars, then in such case such amount as is appropriated and available, shall be apportioned pro rata among all the schools entitled thereto alL. P rovl<3e <J. further, no graded school which shall be connected with or In the same district with a state high school ehall receive any aid under the provisions of this act. See. 15. When any state graded school snail have attained such a degree of pro ficiency as to satisfy the trustees thereof that it has the qualifications necessary to entitle It to be advanced to the class of state high schools and to receive aid as such, said trustees may make application to the state high school board to have such graded school raised to the class of state high school, and If upon an exam ination into the records and standing of such school, the board Is satisfied that it has attained a standard of curriculum, teachers and daily work, complying with all the requirements necessary "to entitle It to a promotion, the said board may ralso such state graded school, to a state high school, entitling It to state aid as such. ARTICLE IV. Sec. 18. Any common school district fa this state, or any public school i n any hamlet or village, or any township graded school in this stnte. not entitled to Ptata rH as a high school or graded p^hool but fully complying with the conditions of this act relating to stnto seml-gradei schools, may receive such aid as is here inafter provided for state s> mi-graded schools. Sec. IT. In order to he entitled to aid as a state seml-gra.lcd school, such school shall have first fully compiled with th« following conditions, viz.: First— lt shall have maintained for ths school y.-ar next preceding thru for which aid is granted, at least eight (8) months' school. Second— lt shall be well organized hav ing at least two (2) departments under tho supervision of proficient teachers at least one of whom shall hold a flrst-°-rnde certificate, cr a diploma that Is vand as a certificate from the advanced course of a normal school of this state or a diplo ma from tho advanced course of a nor mal school of another state which has been approved by the superintendent of public instruction, or a professional state certificate; and all other departments of such school shall be taught by t acheni having at least a Becond grade certificate Third— lt shall have a suitable schooi building, outhouses or other necessary ac commodations, a library and such other apparatus as is necessary for doing effi cient work. Fourth— Such school shnll have a regu lar and orderltfleourso of study and shall comply with suvh rules as may bo estab lished by the superintendent of public in struction. Sec IS. Applications from districts for the aid herein provided, toi tho enso of state soml-graded schools, shnll ho mad« to tho superintendents of pennds In th« counties in which such schools are lo cated. County superintendents sh^ll forward to the state superintendent of public In struction such applications as are en dorsed and recommended by them. To gether with the certificate of the super intendent of the county wherein tho dis trict making such application is situated, to the effect that such dlsirlct has fully compiled with all tho conditions men tioned in section seventeen (17) of this act. Sec. 19. The said superintendent of public ftistriictlon shall apportion to each of. said schools which shall have fully compiled with tho provisions of this act, and such rulos of a general nature as may be established by him rolntlnar to senil-grndod schools, the, S u m o f one nun _ dred (ion) dollars In each year; provided, however, that In .etcse the amount appro 'prlatod and avallnblo under this act for the payment of aid to such schools, shall in any year be insuffiefpnt to apportion to each of such state semi-graded schools as are entitled thereto, the full amount of one hundred (lfX)) dollars, then In such case such amount as Is appropriated and available shall bo apportioned pro rata among all the schools entitled thereto Sec. 20. The said superintendent of public Instruction shall keep a record showing all schools applying for and re ceiving state aid as state semi-graded -chools In each year and a detailed ac count of all moneys received by him and disbursed for such purpose. "> The said superintendent is also author ized to establish such rules of a general nature as shall be found necessary to se cure uniformity and the best results among schools receiving such state aid. Sec. 21. "When any stato semi-graded school In this state has attained such a degree of proficiency aa to satisfy the « v .