ALL THE NEW LAWS.
BILLS ENACTED BY THE NE
BRASKA LEGISLATURE.
J® Vine of the ISO lull. Were Vetoed and
>134 Reroute Law*—Chance* In Old
Meaeurea— Ullla tlint Were Vetoed by
the Governor—A Full and 'Complete
Dlgeit that Will be Valuable for Kef-#
{ erence and Should be I’reeerved.
New Law* far N«bra»ka.
The legislature passed at the late
■ession 130 bills, nine of which were
vetoed by the governor, and three were
passed over the governor’s veto, leaving
134 as the total number of bills to be
come laws. Of these U’4 bills seventy
originated In the houso and fifty-four
In the senate. Two years ago the leg
islature passed sixty-nine bills and four
years ago seventy-seven.
The bills vetoed by the governor since
adjournment were the judicial district
apportionment, the act creating a board
of immigration, the act amending the
depository law, the Omaha charter bill,
mutual tire insurance bill applying tho
law to cities and the bill striking from
the statutes the prohibition of mar
riage between whites and blacks.
The following is a digest of the bills
that hare passed grouped under appro
priate titles and under the chapter in
which they will bo incorporated and
the chapters as divided in the consoli
dated statutes of 1803.
Appropriations.
House roll No. 612, by tlio committee on
Claims—An uet making appropriation. for
the payment of miscellaneous claims owing
by the slate of Nehraska. Appropriating
KB. >32.31. Emergency clause.
House roll No. 632, by I row-An act making
appropriations for current ex pen.-ten of tliu
Stale government fur tho two years ending
March 31, 1>97. Appropriation il,373,4.9.2i.
Emergency clause.
llouso roll No. tilt, by commluoo on claim
•—An act. making appropriation for tho pay
Weni of mlHcelluuvoiis items of Indebted
ness onIng by the state of Nebraska. Ap
propriation **U,*33.03. Emergency cluuso.
House roll no. Oil I, by crow -An ucitopro
vlde tor tho payment of salaries of tho olti
Cersot the stale government, tho hospitals
for the lusane, nltiul uml tleuf and dumn in
stil utes. reform and Industrial schools, state
normal schools, soldiers' homo and all state
Institutes and department.-. Appropriation
*603,0.',V Emergency clause.
liouso toll No. 36., by uoblnson—An act to
appropriate t2,3:'6.xu now In tho treasury bu
loiig.n j to tho library fund of tho state nor
mal school, for tho purchase of books of suld
library.
Itou-e roll No. 308, by Munger—An act for
the proper defense in the federal court, of
the maximum rate caso and appropriating
funds to pay the expenses of the same,
tho constitutionality of the maximum rate
Case being questioned and the state having
taken au appeal to the supreme court of the
Dinted Males This law appropriates Mt
•68.0: for the purpose of meeting the ex
penses of the uppeut lit court costs, attor
ney s feos and nocossury printing already
Incut red, *1 >,9ii0.73 for tno continued prose
cution m tho ease In attorneys' foes, wit
ness fees, traveling expenses, etc., making
total appropriations for the case of *21,6 8.7a.
Emergency clause.
bouse roil no. 493 by llalrgrove—An act
{to provide for tbe supplying of a card cala
ogtie for the slate Horary and approprlal
ngs6 o out of the library fund for expeuse
Of the same. Emergency clause.
House roll No.. hi, by Halrgrovo—An act
to appropriate *.Mmo for the purpose of fur
nish,ng additional sliolvlug and vaults for
the si ale library, plans for work to be made
bv slate librarian and contract to be let by
the board of public lunus and buildings.
Emergency clause.
ousc roil43... by Frits—An act for the
relief of Dukota "county, refunding'said
County * ,223.30, being excess state taxes
nuiu by Dakota county for the years iSs;
Us*, lssp and 1 ua
House ioil No. 2M, by House-An act for
tbo reUcf of llenry Euebs, appropriating
fib.uO to said Lucbs for excess cxpeuued by
aim on purchase of scho.d land.
House roll No. ;£14, by House-An net for
the relief of William s\ lease, refunding to
aim rental paid on school land lease
Upon an appraisement hold by the supremo
Court us illegal.
house roll No. 77, by Crow of Douglas—An
act to provide for the payment uf officers,
members and employes of the Twenty
fourth session of the legislature and appro
priating $*5,u00 for the snmo. Emergency
Clause.
House roll No. 32, by Robinson—Appropri
ating the matriculation and diploma tees
collected from the students of the univers
ity of Nebraska, comprising the spociul
Horary fund, for the purchase of books ami
authorizing the board of regents to draw
the same. Kmergoncy clause.
House roll No. lij, by Uoblnson—An act to
appropriate certain moneys known as the
••Morrill fund,” received by the treasurer
from the United States, to the use and bene
fit of the Industrial college of the univer
alty of Nebraska. Emergency clause.
House roll No. 34, by Robinson - An act to
appropriate the tution feos of tho college
Of law of the university of Nebraska for
o the use and support of the said college of
law. Emergency clause.
House roll No. 515, by Conaway An uct to
provide seed and feed for tlio destitute far
mers. to provide for its distribution and ap
propriating 1200,000. Kmergoncy clause.
House roll No. 404, by Burch—An ao pro
viding for the completion of the library
building at the state university and equip
ping the same. The bill appropriates $ta»uu0
and provides for its disbursement through
the board of regents. Emergency clause.
House roll No. 631, by tirinith—Providing
for the payment of incidental expends in
curred by the Twenty-fourth session of tho
legislature nnd appropriating therefor the
■um of $40,100. The Dili provides that all ac
counts for expenses shall have attached an
affidavit of the claimant that the same Is
correct and that accounts shall be
passed upon bv a committee on accounts
and expenditures, certified by such and ver
ified by the presiding officer. Emergency
Clause.
Chapter 5—Attorney*.
Senate file No. 19, by crane—To ament)
•ectlon 19, chapter 7, compiled statutes tor
1.-93.
Section L Advice to officers: The county
attorney shall without fee give opinions to
the county commissioners ant^ other civil of
ficers when requested; provided further,
that in all counties the county board may
employ such additional counsel In civil mat
ters as they may deem necessary, when re
quested by petition of ten freeholders, such
attorney or attorneys to prosecute or de- -
fend such oivil actions as the interests of the
county may require, and Jsholl receive such
reasonable compensation as the board and
ouch counsel may agreo upon.
Senate file No. <3, by W atson—An act to
provide for the admissson to practice of at
torneys and to repeal sections 1 and 3 of
chapter 7 of the compiled statutes of 1833,
being sections 377 and 378 of the consolidated
statutes.
Section 1. No person shall be admitted to
practice as an attorney-at-law or conduct
any action unless ho lias been previously
admitted to the bar by order of tho supreme
court, but this section shall not apply to
pel-sous admitted undor pre-existing laws.
See. 3. The supreme court shall fix times
when examinations shall take place, pre
scribe and publ sh rules to govern such ex
aminations, and may appoint a commission
of three persons to ussist in or conduct any
such examination.
Good moral character, twcnty-or.o years
of age, regular student for two years with
practicing attorney or graduate of law col
lege of state university are requirements.
Chapter 8—ltank*.
Ilouse roll No. 101, by Sutton of Douglas
—Au act amending the'state banking law.
The new law requires all state banks to bs
chartered under the seal of the state -by
the state banking board. Four public state
ments are required annually, iusteod of
thne^ at leqft two director* to figp ths
statement with the cashier. Two director*
are required to lie presont whoa a bank is
examined. Hank examiners’ bonds are
raised from t10,000 to ♦25,0:'0. Instead of
uniform fen fur examination, fees are
graded according to capital of banka. Hanks
must kocp 15 |«r cunt of deiKMits on hami
and in cities of 23,0(X> population nr over 20
per cent. 1 u corporate!! banka nro prohibited
from buying or bolding any part of
their atock. All bntika are ro
•piircd to act apart onotonth
of tLoir not proceeds until they havo a sur
plus of at leant'JO per cent. No bank can
hold any real estate, except bank building
ami fixtures to excoed ono-tbiid of its eapf
tal unless fukon to satisfy a debt and it
must then be sold within llvo years. An
examiner can close a tank and hold all
property against execution or attachment
pending the appointment or a receiver.
Notes by any bank or bankor or partner
ship cannot bo carried as an asset. Under
penalty as provided stockholders liabilities
to any bank shall uovor excood 50 per cent
of its capital. No dividend can bo mado
where any bad debt or loss is carried ns aa
asset. Instead of in supremo court all re
ceiverships hereafter will lhi settled by the
district court where a suspended bank is
located. The bill passed without the emer
gency clause and becomes operative Au
gust 1.
llnuao roll No. 208, by Hinds—An not re
lating to shareholders in bunks, compelling
a list of tbo nnnius uml residents of all shnro
holdnrs in tho bank, tbo number of shares
hold by each und tho amount of paid up cap
ital each share rcprewnts, to be kept for tho
Inspection of tho public and creditors. Tho
list .shall. Jcl,kept where the businu-s is
transno*da,Jwhoro' roady access may bo bad
to it. Failure to keep such list is punishable
by a floe not less than tiO nor more than
Chapter n—Corporations,
House roll No. 4U4, by Mungor—An net
permitting foreign corporations organized
for the purpose of organizing and maintain
ing institutions of learning of the grade of
acollegoor university to isiue diplomas
anil ilogreca. Tho lawr provides that when
ever such Institutions shall bare become
possessed of property and funds to tho
value of flOD.UOO or more and
nhnll have an institution estab
lished as aforesaid, it may ask tho
Judge of the district court in tho district
whore located to appoint three commission
ers, who shall make careful inventory of
property, and their findings shall be of
record in the book of incorporations in the
county clerk's otllce, and if more than above
amount is found in tho college possession it
'hull entitle them to all benefits of the aot.
Emergency clause.
Heuate illo No. 14, by Watson—An act to
amend sections 1, 3. 8, 4, 6 and 0 of chapter
19 of the laws of 18111, relating to equip
ment of railway cars and eugiaes with
automatic couplers anil brakes.
After January 1, 1898, it shall be unlawful
for any railway to put in use any oar or
ongine not equipped with automatin
couplers. * * *
It shall be unlawful for any corporation
to run any train after January 1. 1899, that
shall not have a sufficient numbor of cars
with automatic brakes, so that the engineer
can control the train without requiring
brakomen to go between the cars.
Every corporation shall include in the an
nual report to the state railroad commis
sioners the number of engine* and cars to
equipped.
Any corporation violating this act shall
be subject to a lino of not less than 1300 or
not more than 11,000 for oaclt offense; pro
vided that this sectiou shall not apply to
comnanies In recoiving cars in Interstate
traffic. An employe injured by such engine
or train contrary to this law shall not be
considered as waiving his right to recover
daninges by continuing in the employ of
said company.
No corporation shall be liable for any
criminal prosecution or fine heretofore in
curred for violation of tho sections hereby
amonded. Emergency clauso.
Senate file No. 77, by Sloan—An act re
lating to certain contracts for the condi
tional salo, lease or hire of railroad and
street railway rolling stock, and for the re
cording thereof.
Section 1. In any contract for tho sale of
railroad or street railway equipment it shall
be lawful to agree that the titlo shall not
vest in the purchaser until the purchase
price shall be fully paid, or that the seller
shall retain a lien for unpaid money; that a
conditional sale may be made at t! tnnii
nation of such contract; that rentals may be
applied as purchase mouey. Such instru
ment shall be filed for record in the office of
socreiary of state.
Senate file No. 124, by Smith—An act to
pension firemen of paid tiro departments.
Metropolitan cities and cities of the first
class shall pension firemen who have served
in sui’h department for twenty-one years, at
tho rate of 20 percent of thesalary; in case of
death in line of duty the same pension shall
goto the widow; in case of permanent in
jury in line of duty, such flremau shall be
placed on the pension list.
Senate file No. 133, by Wright—An act to
regulate organization and operation of mu
tool benefit and life insurance companies.
Every corporation working under the mu
tual assessment, cooperative or natural pre
mium plan or of paying endowments or ac
cident idemnity, before commencing busi
ness shall submit plans to the auditor and
attorney-general for approval, and must
have applications upon at least 2X0 lives for
at least ¥1,000 each, and proof that its of
ficers have given good bonds. No agent
shall act within tho state unless authorized
by the auditor. Each company shall make
an annual statement to the auditor. Ac
cumulations shall ho invested iu United
States bond*, stato or municipal bonds, or
In notes secured by real estate raortgago or
district irrigation bonds not to exceed 40
per cent of the value thereof, and deposit
suns with the auditor. Companies paviug
.loath lossses or accident ldemaity by essess
nent shall be deemed a mutual benefit asso
ciation, but this act shall not apply to secret
i nternal societies.
Whenever the laws of any other state shall
-squire of life insurance companies of this
tate any deposit, taxes, fines, or require any
. <thor duties, then the auditor shall require
•f companies of such other states, like pay
ments and duties. '
Chapter lO—Counties.
House roll No. SCO. by Jenness—An act to
amend sections of the statutes relating to
he formation of new counties or the divis
ion of counties already organized. The old
law is 6mcuded making 450 square miles the
minimum territory to be established in a
county. Tho now law also changes the
votes necessary to form a new county from
a ttaroo-flfths vote to a majority vote.
Houso roll Nos. 445, 440 aud 447, by Har
ris—Are acts to define the boundary iines of
Grant, Arther aud Deuel counties. Under
the act creating these counties the west lino
of Arthur and Grant and the east lino of
Deuel was made tho twenty-fifth degree of
; to ••do wcwt from Washington. As this
line had never been located it left the
boundary line indefinite, and the new law I
establishes tho boundary line between the
counties ou township lines according to the '
government survey. All throe bills have*
the emergency clause*.
House roll No. 455, by Ely—An act to levy
a tax to create a special fund for the pur
pose of erecting a court house. The law
empowers tho board of commissioners of
any county, upon the petition of one-fourth
of the legal voters of tue county, to submit
at any general election the question of vot
i ing a special annual tax not to exced 5mills,
j fo>* a period of five years, to bo used in the
; construction of a court house. Election for
I this purpose shall be governed by section
; 87!. chapter 10 of the compiled statutes.
{ The act specifies that it shall not be con
- etrued to be in conflict with anv law now in
j force authorizing the issue of bonds, but
i shall lie additional thereto,
j Houso roll No. 77, by Sutton of Douglas—
! An act to amend the law relative to discon
• tinning township organization, amending
. the prescut law by making it obligatory to
j have an election called at a general election
] to submit discontinuance of township orgon
! ization, where 10 per cent of the voters of
tho township so petition thirty days prior
to <he c*£?na election
Bouse roll No. 66, by Burns of DodgOr
An act providing amendments to Vhe law
relating to township organization, amend*
ing so that the number of members const!*
tuting a county bonrd may be reduced from
present representation and making minor
amendments to sections in first part of the
law as now existing aud changing the re*
quirod voters to petition to change from
township organization back to the commis
sioner system.
Senate file No. 818, by Stewart—An act
to provide for the investment of sinking
fund and other surplus funds of counties
and townships, in grain for feed and seed
for drouth sufferers, and to amend sections
030 and 037, consolidated statutes, and to
repeal the same and to ro|X'al section 038.
and to legalize act) of county boards bcrc
oforo taken in conformity to this act during
ISOS.
Suction 1. It shall be lawful for the county
trensurer, whoi'ever such necessity exists, to
withdraw from doiiosit all sinking or other
surplus funds, and to invest the same in !
grain for seed and feed, to be issued upon j
farms. <
See. 2. Such investment shall be made !
only on petition of 25 per cent of the legal 1
voters.
Sec. 3. Upon presentation of each petition
tho county treasurer shail publish notice that
he is ready to receive applications for feed
and seed, whereupon the county board and
treasurer shall purchaso seal from time to
time, to meet tuo demends, to be purchased
in open market or by bids.
Sec. 4. All applications for feed and seed
shall state tho amount desired, number of
acres, accompanied by a statement that the
applicant is a resident of the county, and
with notes and security to be approved by
the treasurer, the notes to run not less than
twelve months, at tho rate of 7 per cent., 1
por cent of which shall go to the county
treasurer. Funds needed for tho redemption
of bonds during tho years 1895, or 1898shall
not bo so used.
Section 938. That the county board of any
county or the town board of any township
shall nave power to use funds of county or
township in the purchase of seed grain for
destitute farmers, caused by crop failure of
1894.
Section 037. That the county board shall
sell seed and feed to persons engaged in ag
riculture at actual cost, and take the prom
issory note of the purchaser; provided that
all acts of boards in conformity with this
act committed during 1S95 are declared valid
and lawful. Emergency clause.
Senate file No. 181, by Dressier—An act
enabling counties having 125,000 inhab
itants to issue bonds and operate power
canals.
Bonds shall not exceed 10 per cent of the
assessed valuation of the county,
two-thirds of all votes east being re
quired to carry tho proposition. District
judges shall appoint a board of five trustees
who shall carry this act into effect, condemn
right of wav and let contracts. Irrigation
canals shall have preference in use of
water in times of scarcity. Emergency
clause.
Senate file No. 879, by Hitchcock—An act
to authorise counties, townships, precincts
and villages to issue bouds to aid iu construc
tion of a highway wagon bridge across any
boundary river of the state.
Bonds shall be issuod by a three-fifths vote
at either a special or general election, not
exceeding 10 per cent or tile assessed valua
tion, but any county or city that has hereto
fore made donations to any works of inter
nal improvement njay issue bonds not to ex
ceed 15 per cent.
House roll No. 1, by Lamborn—An act to
authorize county boards to issue bonds of
such county to an amount not to exceed S
per cent of assessed valuation, in no event
to exceed (50,800, for the purpose of purchas
ing seed to be planted during the
year 1895. And providing that bonds
only shall be issued after so directed by a
vote of the people.'Emergency clause.
House roll No. 530, by Horst—Au act pro
Tiding that when a surplus remains in any
precinct bond fund after the bonds are paid
in full the county board is authorized upon
petition of a majority of the legal voters in
the pecinct to draw its war-aut for the
surplus and use the same to purchase seed
for the destitute farmers in said precinct.
Emergency clause.
House roll No, 834, by Ashby—An act
authorizing county boards to uso surplus
county general, road and bridge funds for
the purchaso of grain for seed and feed, said
grain to he furnished farmers at cost price
and note and suitable security taken by
county to secure the payment. Emergency
clause. _
Chapter 11—Courts.
Senate' file No. 7, by Crane—To amend
section 1100, chapter 11, to legalize irregular
records made under authority of said sec
tion and to repeal said section.
That section 1108, chapter 11, entitled
“Courts,?’ of the consolidated statutes be
amended, to read; “The probate books shall
consist of a probate record and fee book.
The latter shall be kept as follows: Title of
all probate proceedings, date of each paper
issued or filed and of all orden, an exact ac
count of all fees allowed and paid, names of
persons receiving the same; provided that
all records heretofore made in any one of
the books heretofore provided for by said
section, but not in the proper books shall be
as legal as if made iu the proper books.
Senate file No. It by Watson—An act to
amend sectiou 3 of an act entitled “An Act
Authorizing the Appointment of Supreme
Court Commissioners and Defining Their
Duties,” approved March Si 1893, and to re
peal said origiual section.
Section 1. That soctiou 3 shall be amended
by attaching the following: “Provided that
upon the expiration of the terms of said com
missioners as hereinbefore provided the said
supreme court shall appoint three persons
having the same qualifications as required
of those first appointed as commissioners of
of the supremo court for a further period
of three years from and after the expiration
of the term first herein provided, whose
duties and salaries shall be the same
os those of the commissioners originally ap
pointed.”
Senate file No. 15y by Crane—To amend
lection 3036, chapter 39. consolidated stat
utes of 1691, to read: “Provided, however,
that in counties haring over 125,000 inhab
itants each bailiff shall be appointed to serve
one year from the time of his appointment
(unless sooner removed by tho court, such
power of removal being hereby given) and
shall, receive for his services a salary of $900
per year, to be paid monthly by the coun
ty.” Emergency clause.
Sonata tile No. 44, by Uraham—To provide
for the koeping of an incumbrance book.
Each clerk of the district is re
quired to koep tor the business of his of
fice a book to be called tho incumbrance
book, in which the shoriff shall enter a state
ment of the levy of each attachment or ex
ecution. on real estate. Emergency clause.
Chapter IS—Deoedents.
Senate file No. 100, by Stuefer, to amend
section 1330, chapter 12, compiled statutes of
1S93, entitled “Decedents’ Estates.”
Section 1300. The county judge may grant
authority to executors of estates and guar
dians of the estates of minors and spend
thrifts to mortgage any real estato belong
ing to such estate whore mortgages existing
on such roal estato are due or about to be
come due and there is no money belonging
to such estate with which to pay or
redeem such mortgage.
Senate file No. 79, by Sloan, an act to
legalize and make valid all orders and de
crees of any court under an act entitled an
act to aiueua sections 30 and 170 of chapter
3, compiled statutes of 1637, entitlod “Deco,
dents,' which said act has been declared uu
ooustitutional by the supreme court.
Chapter 15—Elections*.
House roll No. 550, by Davies—An act pro
scribing the manner in which two or more
amendments to the constitution are to be
submitted, and providing for the printing
and distribution of the ballots. The law
requires a separate ballot for amendments,
to bo prepared in official and sample ballots
by the secretary of state, to bo furnished the
county clerks by himself twonty davs prior
, to the day when they shall be voie.1 upon.
: The county clerks shall distribute them in
th$ir oouutiej and election boards shall
Indorse, ears for and return than the gam*
aa ballots voted for officials.
Senate file No. 231, by Cron—An act to
amend section 171>0, chapter IS, consolidated
statutes, by inserting the following: “That
candidates nominated under the provisions
of this section shall bo termed candidates
‘by petition,’ and their names upon the
ballot shall be followed by the words, ‘by
petition,’ and shall not be followed by any
party designation by virtue of such nomi
nation.’
Chapter 18—Illuhwaya.
Senate file No 258, by Lehr—To amend
lection 1897, consolidated statutes, relating
to letting of contracts for erection and re
pair of bridges, by inserting this proviso:
’‘Provided, that the county commissioners
may adopt general plans and specifications
for the building of such bridges, and may
let a contract for the building of all bridges
that may be required to be coustructed dur
ing the term of one year from the lettiug of
the contract; and provided that such bids
shall be by the lineal foot and such contract
shall be let for the building of such bridges
as may be required at a specified sum per
lineal foot.” _ i
Chapter S3—Interest. j
House roll No. 81, by Robinson—An act !
to amend section 10, chapter 44, of the com- !
piled statutes of 1893, relating to interest on !
warrants. The law fixes the maximum rate j
of interest on warrants issued by |
any subdivision less than a coun
ty or counties at 7 per cent, and
state warrants issued shall draw but 5 per
cent. Ronds issued by counties or smaller
subdivisions cannot draw more than 7 per
cent. Emergency clause.
Senate tile No. 25, by Dale—To amend sec
tion 2030, consolidated statutes of 1891, en
titled “Interest,” to road as follows: “All
warrants issued by the proper authorities of
the stats shall draw interest from and after
date of their presentation for payment at
the rate of 5 per cent per annum, and all
warrants issued by proper authorities of
ony county, city, town, school districts, or
any municipal subdivision less than a coun
ty, shall draw interest at the rate of 7 per
cent per annum, and no bonds issued by any
county, city, township, precinct or school
district shall draw interest at a rate exceed
ing 7 per cent per annum.”
Chapter 34—Irrigation.
House roll No. 832, by Meyers—An act
for the organization and government of ir
rigation districts, to provide for the ac
quiring of canals already built or partly
built, securing right of way for such, con
structing irrigating ditches, dividing certain
portions of the state into irrigating districts,
allowing a majority of freeholders owning
lands in any district susceptih'e of our mode
of irrigating to organize a district, author
izing such districts to vote bonds tor con
struction and right of way, providing for
taxation to raise revenues in districts, pro
viding for election of officers to manage dis
tricts, dividing districts into divisions. Dis
trict boards shall have right to enter upon
any land for purposes of survey, shall esti
mate all costs, assessments made upon real
property become a lien thereon, canals may
be earned across streams, highways aud
railways, the latter to co-operate in securing
feasible crossings; water commissioners
where water is insufficient to meet all de
mands shall apportion the same equitably,
rights of privato parties must be recognized,
appeals to courts upon acts of directors of
districts. Emergency clause.
House roll No. 413, by Schickodantz—An
act regulating appropriation of water lor
irrigation and power purposes, exemption of
inch works from taxation and providing for
• board of irrigation.
The governor shall act as president of a
board of irrigation, composed of the gov
ernor, attorney-general and commissioner of
public lands aud buildings, which shall elect
a secretary, an assistant secretary and two
under secretaries, one for each of the two
water divisions. The under secretaries, un
der direction of the state board, shall see
that laws relative to distribution of water
are executed in accordance with the rights
of priority of appropriation. Appeal from the
state board may be taken to the district
court. Applications for water shall be filed
with the state board, priority date from the
filing of the application. Water of natural
streams is declared to be public property,
subject to appropriation as provided in *hi«
act. Passed with the emergency clause.
Chapter 3U—l.aw.
Senate file No. 335, by Sloan—An act to
amend section 2090, chapter 26, consolidated
statutes, so as to empower the secretary of
state to designate newspapers which shall
Eublish constitutional amendments for at
>ast three months prior to election.
Senate file No. 287—An act to amend seo
tion 4, chapter 3. compiled statutes, by re
quiring that public notice that proposed
amendments are to be voted upon shall be
given as provided in section 1 of article 17
of the constitution, instead of as required by
the law regulating general elections.
Chapter 36—Municipal Corporations.
House roll No. 174, by Halrgrove—An act
to provide for the apportionment of fines aud
license moneys, provides that in cities and
villages whose corporate limits form, in
whole or part more than one district, all
moneys so derived shall be apportioned to tbe
districts in proportion to tbe number of per
sons of school age. Emergency clause.
House roll No. 392, by Conaway—An act to
amend subdivision 2 of section 2859, com
piled statutes, by providing in detail for the
organization of boards of health in cities of
tbe second class, to prevent the introduction
of contagious diseases aud to quarantine the
same. The mayor, city physician, president
of the council and marshul ore made the
board of health, who are given full power to
establish rules and regulations and enforce
the same. Emergency clause.
Houso roll No. 110. by Conaway—Au act
to amend the law relating to registration of
voters, amending the old law by making reg
istration apply only to cities of over 7,000
population and in such cities of over 7,000
population providing for three general reg
istration days prior to each general election
instead of five, and providing at times of re
vision for one day’s sitting instead of throe.
House roll No. 457, by Wait—An act
amending the laws in regard to villages, al
lowing village boards to create a board, of
health of three members, one of whom shall
be a physician, said board to have charge of
all quarantine regulations, with jurisdic
tion extending three miles outside tbe village
House roll No. 316, by Burch—An act to
authorize cities of. the second class and in
corporated villages to borrow money or is
sue bonds for the extension or elnargement
of water works. Tho law applies only to
cities or villages owning their own water
works. The limit to the amount to be bor
rowed or for which bonds can be issued is 5
per cent of the assessed value of taxable
property within.said ci:y or village. Funds
raised by this act shall be kept as a separate
fund known as a water extension fund. It
money is borrowed on bonds they shall be
voted by the poopl.i os the law requires and
shall not draw to' exceed 7 per cent per an
num.
House roll Wo. 28, by Brady—An act I
authorizing a special license tax upon insur- j
ance companies in cities of tho second class.'
and villages for the support of volunteer j
tire departments The law authorizes city 1
councils in cities of the second class and vit I
lage boards by ordinance to lovy a special ;
license tax not to exceed S5 per annum upon 1
every fire insurance company transacting j
business in such city or village, the tax so j
raised to be used for the support of volun- !
teer tire departments, duly organized under !
tho laws of the state.
Senate file No. 173, by Watson—An act to !
legalise all the proclamations and acts of
the governor, and all ordinances passed by !
tho cities which have heretofore been de* :
clared and have been proclaimed and organ- 1
ized as cities of the first class under chapter ,
e, of the laws of 1891, which act was de- j
clared unconstitutional by the supreme i
court.
Senate file No. 1, by Watson—That coction
l or an act entitled ,!An act to incorpcrate
«-J*1® ®rst c1asa having less than
and more than 8,000 inhabitant!, reg
ulating their duties, power and aovern
known u chapter 19 of tho general
lam of 1889, passed and approved March 13,
1889, be amended as follows:
Section 1. That all cities haring lew than
25,000 and more than 10,000 inhabitants, aa
ascertained by the census of 1890, shall be
governed by this act: provided, however,
that nothing in this act shall be so construed
as to abolish the government of cities organ
ized as cities of the first class under the Oct
of 1889, being chapter 15 of the general laws
of 1889, but the samq shall remain and be
known as cities of the first class and be gov
erned by the provisions of this act.
Soc. 3. That section 3 of said act be
amended os follows: Whenever any city of
the second class shall have attained a popu
lation of more than 10,900 inhabitants, as
ascertained and officially promulgated, or
by authority of the mayor and city council
of any city which is now governed by'the
provisions of the act hereby repealed, which
census shall be taken within ninety days
after the passage of, the act, the mayor shall
certify to such fact to the governor, who
shall by proclamation so declare, and there
after such city shall be governed by the pro
visions of this act. Every officer of such
city shall within thirty days after the
governor's proclamation is issued, qualify
and give bonds as provided by this act.
Emergency clause.
senate uie ;<o. too, ny uoinrook—An act
to create a board of pars commissioners.
Section 1. In each city of more than 5,000
and less than 25,000 inhabitants, which has
already or shall hereafter acquire laud for a
park, a board of three park commissioners
shall be appointed by the judge or judges of.
the district court on the second Monday of
January, 1805, or on the second Monday of
January following the establishment of the
first park in any city, for one, two, and
three years, respectively. The commission
shall adopt rules, improve and beautify
grounds and employ helpers to the extent of
funds provided. Members of the commis
sion shall receive $10 per annum. 1'or the
purposes of paying excuses enumerated the
city council shall make a levy not less than
K mill and not exceeding 2 mills on the dol
lar valuation on all taxable property. All
bills for expenses shall be audited by the
commission, warrants on the fund to be
drawn by the chairman aud paid by tho city
treasurer.
Senate file No. 131, by Sloan—To amend
subdivision 14 of soetion 2802, consolidated
statutes of 1803, os follows: To make con
tracts with and authorize any person, com
pany or association to erect and maintain
gas or electric light works in said city, and
give such person, company or associations
the exclusive privilege of furnishing gas or
electric lights to light the stroets, lanes and
alleys of said city for any length of time,
. not exceeding six yeurs, and to levy a tax
not exceeding five (5) mills on tire dollar in
any one year, for tho purpose of paying the
costs of lighting the streets, lanes aud alleys
of said city.
Senate file No. 159, by Holbrook—An act
to empower cities of more than 5,000 and
less than 25,000 inhabitants to purchase land
for parks and issue bonds therefor.
Land so token must be withiu live miles of
the city limits,and jurisdictionof the mayor
and council shall extend over the same.
The mayor nnd council shall have power to
pledge the credit of the city to an amount
not to exceed $15,000 for the purpose of buy
ing and improving land for parks by major
ity vote of the people at the geuorol city
election and at no other time.
House roll No. 264, by Harrison—An act
amending sections 26, 38 and 40 and sub
divisions 15 and 21 of sections 68 and 83
compiled statutes relating to cites of over
8,000 population and less than 25,000 popula
tion. Amendments provide that in claims
for damages against such cities for personal
injuries, the person claiming injuries shall
be subject to examination by the city physi
cian or other physicians as the city attorney
may direct. A failure to submit injuries to
such examination shall bar injured person
from maintaining suit. Also change in
minor details the law relating to equaliza
tion of taxes, making sitting of the board
mandatory, also provide that such cities
may purchase or construct gas and electric
light works or condemn and appropriate gas
and light works for the use of the city, pro
viding a levy for such purpose and the issue
of bonds if levy is insufficient. Also pro
vide that suoh cities of the first class can
purchase land for public parks and issue
bonds for such purpose in amount not to ex
ceed $75,063. . Also provide when city
treasurers make their monthly reports to the
council they shall show all funds shown by
the report to be on hand or under their con
trol. Also provide that such cities may
issue bonds to purchase water works.
.Emergency clause.
House roll No. 139, by Allan—An act to
amend section 145 of the act incorporating
metropolitan cities. The act amends the
section by providing for the appointment of
the board of fire and police commissioners
in such cities by the governor, commissioner
of public lands and buildings and the at
torney-general sitting os an appointing
board instead of by the governor as here
tofore. The number of sail com nissioners is
limited to three electors of said city who
shall not hold any other city ofilce. The
commissioners shall be appointed within
thirty days after the passage of the act and
one at least shall to taken from the two
political parties casting the largest vote for
governor. They shall bo designated to serve,
one until Dec. 31 1895, one until Dec. 811896
and one until Dec. 31 1897 and thereafter
appointments are for three vears. Charges,
against the commissioners niay be filed with,
the appointing board of investigation. The
act defines in full the power of tho com
mission and duties of the same and gives
them power to compel attendance of witnesses
the same as magistrates exercising civil or
criminal jurisdiction.
House roll No. 4, by Wait—An act for the
relief of volentcer firemen injured or dis
abled while in active service. The law
applies to cities of the first class of less than
25,000, cities of the second class, and in cor
porated villages and provides that such injured
firemen may receive from the said city not
less than $3 per week not more than $10 per
week of seven days, limiting the total
amount that may be received to $200. In
villages the amount received to be not less
than 82 or more than $5 per week with total
amount received limite 1 to $100, payment to
be provided for by ordiauco.
Chapter 80—Officers.
Senate file No. 340, by McKesson—To fa
cilitate the givng of bonds by public officials
and. others and to authorize acceptance of
guaranty corporations as sureties.
Section 1. That when bonds required or
permitted to be given by laws of the state
with one or more sureties, the execution of
the same shall be sufficient when executed by
a. corporation under the laws of i — or any
state, having a paid up capital of *830,0/0
provided such corporation be approved by
the head of department,court, judge, officer,
on body authorized to approve the same.
See. 8. No corporation organized under
laws of any other state shall be accepted as
surety until it shall have appointed the
state auditor its lawful attorney,upon whom
my be served lawful process, who shall accept
service, and judgmeir.s against the corpor
ation shall be binding.
Sec. 3. If such corporation fail to pay
judgment it shall forfeit all rights to do bus
iness in this city.
Chapter 41-I'abllo Health.
Senate file No. 29, by Caldwell—An act to
regulate the practice of dentistry and to
punish violators thereof, and to repeal ar
ticle 2 of chapter 53, compiled statutes.
It shall bo unlawful for anyone to practice
dentistry without a certiiicate from tbe
state state board of health and such cer
titicate shall be recorded with the county
clerk.
Within sixty days after this act is ap
proved the state board shall appoint three
secretaries from a list recommended by the
state dental society for a term of one, two
and three years, respectively.
Said secretaries shall assist and advise
said board in the performance of duties pre
seribod in this act.
Sold secretaries shall issue certificates, if
in their opinion proof complies with provi
sions of this act, and when said proof shall
have been on file ten da vs.
Persons practicing dentistry shall make
application for a certificate within six
moptllf of tortile {ttaKge 'this KtiAPPUe.
“ttrmjsr$s$£i2+
ssatfaat.saSS
>bsU recetre a eerttflJZ "** *3|
It shall be the duty of nan>»
tog to practice. If not i/TSS nil
denUl college, to appear iS*"**
UriM “d tSfrj
possess requisite
be issued the certiScate 0?^“^
A graduate of a reputahUrf1"1
before beginning pra?ti«J aMf’*1
fjfe* “idbo^ *n’h .tL*
diploma to said "board with „T!‘
is a lawful Possessor of the8;^1'
same or mpfa thweoT^lh'e^**1
county clerk, where they shall ®"
in the dentist’s register,
the same fee as is allowed for Si0,"'
conveyances. I*oor«ii
On removing to or practicing i.
county the holder shall flu hi. '
the county to which he has
defined to be an institutioifr^
litninary examination for adS?
tendance for at least three cSSS
tores of six months each, no two u £
within one year, and having a
of professors in anatomy and ora,™
physiology, chemistry, materia
therapeutics, operative dcmhtrl
thetic dentistry, and clinical inst'rS
the last two named; provided that
year clause shall not apply to demo,
ed prior to July 1, 1892.' ”*
NothiDgiu thi) act snail prevent rtri
from extracting teeth; and provyJ
I bona fide students in dentistry shall L
i mittod to perform operations uaa»
Vision of their preceptors. If „ (cs
ceived, then such person shall n
considered a student. ”u<ul no
Any person violating this act«
deemed guilty of a misdemeanor 2
conviction shall be fined not les^'than
and not more than *50 mid costs, act
committed until such tine or costs «r*M
Said secretaries shall charge a sraisT
fee of 62 for a certificate; for eiS
610; under former registration,
sccretaiies shall receive 63 for cad
actually employed.
Said board may refuse certificates tor*
sons guilty of dishonest and dishorn^
conduct, and it may revoko certifemi
like causes, provided that they give pi,
cused a hearing.
The act of 1887 is hereby repealed.
Approved March 18, lSi)5.
Chapter 43— Public Institution
House roll No. S85, by Lamborn-Aip
to provide by the method of purchniiM
supplies for the legislature and to recii
the use and care of the same. The las p
vides that sixty days prior to the com™
of the regular session of the legislate*
board of public lands and buildingsstilii
vertise for all supplies deemed necessirrb
the legislature, the contract let to thel»
est bidder. At close of the session alls*
plies shall be preserved and stored (or*
future. The taking of supplies by uja
■ball be considered larceny.
Senate file No. 163, by Grahia-h
amend sections 3364 and S3G5, chapter t
consolidated statutes of 1691.
Section 3,364. That feeble-minded S
dren who have been residents of the as
for one year may be admitted to the in*
tute for feeblo minded. The board of pitk
lands and buildings fo empower! to nh
such rules governing admission and d>
charge of inmates as they may deem jut
Sec. 3363. That when parents or g*
dians are financially unable toprovidews
sary expenses the county board shall ptra
the superintendent {43 a year for each |*
son so admitted and each year an iddita
sum which, added to the balance on lot
shall equal the sum of #40 for each Mips
inmate. Persons able to pay eipenssM
give bond to the state in the sum of flaw
oitional on providing for clothing, tn»
portation, expenses in case of death, iu
dental, dental work, repairs of clolhij
etc., such bond to be approved bj *
county judge.
nous© roil ino. uj», oy «iuuu—.iu»
amend the contract between the state of >
brasfca and contractors for leasing the pet
tentiary. The law provides that witti
thirty days after the passage of the act a
board of public lanes and buildings and ■.
H. Dorgan shall each select an appni*,
resident of the state. Within thirty oil
thereafter the governor shall select
pire. The three shall take oath faithfej
and impartially to perform the duties*
volving upon them. Said appraisers sW
then immediately make an appraisalot®
cash value of said contract for its uueipi™
term, and also an appraisal of the cash vw
of all property owned by said DorgMJJ
located at the penitentiary which hast**
furnished while the contract has teen
force. In case the appraisers fail to v
upon the value of the contract or
they shall submit their differences^®
umpire, whose decision shall ho
binding upon both parties. ,
■There shall be deducted from the
value above, the cash value of supp*
turned over to W. H. B. Stout a* p*
ventory and the cost of constructing
cells provided for in t-he original contra
If Dorgan does not appoint an a?P
then the appraiser appointed by the
the umpire shall appraise and tne *
their appaisement shall be tendered W' l
If he does not accept the S°v;rQ0
powered to take possession of tne f
aS existing contracts mads hy‘®rP?
-__. I hrean •*
tions or individuals with *
remain in force and effect, «oui|»
therefor to go to the state. l“e
UWIVl'jr Mi KU w ..
public lands and buildings ar®
to manage the penitentiary
labor not to exceed a term of t .
Anorooriation to carry the law ta
*35>U0U. emergency clause.
Chapter 44-1‘ubllo [.istraotton
House roll No. 15. by Griffith - “
■now children of school age ot * listn;i
district to attend school at a near j.
The law provides that prior to s“ . ]t#
■nee in outside districts notice ^
the county superintendent whom (#1
notify the county clerk. who^U
powered to place the school taxe» (a
whose children attend outsidosc Jrlacie.
credit of such district, Emergency
House roll No. 283, by AIc>xtt-—- ^
provide for free attendance at P , w ;t
schools. High s -hools so det0F”i tjon sha®
by the state department of ed eofpo;*
hereafter bo open to the attends i:sl
from outside the district, iwr ? 5U,,»
first have certificate from thei c -B p;!
intnmlont that he bas adva
intendent that he has.““'fSient
school requirements. _ Li. B*>
scnooi requirement... -■ ■ w,,. :
shall attend the nearest high outsi'14
schools that cannot acconun srp f!.
pupils without additional oil » mui( Is
empt. Fifty cents per for „»«•
ernpe. ruty , ..
paid to the high school dist.
resident pupils, to be paid out eJlj
school fund. The county
ht'uuui iuuu. a uu v-' > i . „ rnt SlilU ;
county shall levy annually a j
to meet this expense, not to ex . n a,i *
House roll No. 383,. by,»
lating to the boundaries c
and providing for the annexahoa^.^ ^
the consolidated statute:
not fa district to district
amending for such purposes *>
clause.
Senate file No. 353, by LPL;jren
of ca-“ ,g.
provide for the education oi
fined in poor houses and for tn i .
tho expenses thereof. of
Section 1. That where
oge and of sound mind suai
any poor house, it shall ‘•““ST V.!
county, where the same ca o[Sct,r, oHj
make arrangements with iinor b>*
__ __—. .. . ■ .uV)F L
school district wherein »j*» J ajstric',
located, or with
j a cent, to have tho childi-m
the county, attend school. c00ntyL"
It shall be the duty of.o{ the *
upon the report cif tlie office'’ (ll.,
district to draw a wan au* (he tre**4'
fund of the county, ,y cto**
of the school district. Emei^J •>
Chapter 45—l’ubt's ,A»
Senate file „
act to anjutd sjctiou 3*W
r .htun "