The McCook tribune. (McCook, Neb.) 1886-1936, April 26, 1895, Image 6

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BILLS ENACTED BY THE NEBRASKA -
BRASKA LEGISLATURE.
rIna of the 180 BIlls Were Vetoed and
124 Became Lawg-Cbanges in Old
Measnre-B1lIs that Were Vetoed by
the Governor-A PuU and Complete
Dlgeat that Will be Valuable for Re-
crence and Should be Preserved.
New Laws for Nebraska.
The legislature passed at the late
session 130 bills , nin of which were
vetoed by the governor , and three were
passed over th governor's veto , 1cavin
124 as the total number of bills to be-
laws. Of these 124 bills cvcnty
originated in the house and fifty-four
in the Eenate. Two years ago the legislature -
islature passed sixty-nine bills and four
years ago seventy-seven.
Tue 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 fire insurance bill applying the
law to cities and the bill striking from
the statutes the prohibition of marriage -
riage between whites and blacks.
The following is a digest of the bills
that have passed grouped under appropriate -
priate titles and under the chapter in
which they will be incorporated and
the chapters as divided in the donsoli-
dated statutes of 1893.
Appropriations.
House rolNo. 612 , by the committee on
claims-An act makn ' appropriations for
the IaYmeflt of nilscell'aneous claims owing
by the state of Nebraska. Appropriating
2i,72iI. : Jmergency clause.
l1owo roll o. 632 , by Crow-An act making
Lppropr1at1ons for current expenses of the
ftute government for the two years ending
? darcli 197. Appropriation 1J75,4.9.2i.
3xnergency clause.
1louc roil o. 611 , by committee on claim
-An act making alpropriatlon for the IUY
inent of miscellaneous items of Indebted-
n ss osing by the state of I braska. Ap-
Pr 0p11 ; ttion o1cJ3.o3. Emergency clause.
IIOUSC roll Ao. 631 , by Crow-Au actto pro-
vidc br the paynientof salaries of the 0111-
cerof the state government , the hospitals
orthe Insane , blind and doafanci dumb In-
stit utes , reform and Industrial schools , state
normil ; schools soldiers' home and all state
intttutes anddepartment3. Appropriation
Emergency clause.
. Itoue roll o. Jt , by Bobinson-An act to
aproprIa1e ZE6.s9 ; now in the treasury be-
1on'-Ln' to the library fund ot the state nor-
XuafcIool , for the purchase of books of said
library.
ISoUC roll No. 20S , by Munger-An act for
the lrooer defense In the ieaeral court of
the maximum rate case and approprat1ng
funds to pay the expenses of the same ,
the coiutitutIonai1ty of the maximum rate
case being quetioned and the state having
takcii kfl appeal to the supreme court of the
tiiittea tat.es. This law appropriates el- )
6Ss.U for toe purpose of meeting the cx-
peIles of the appeal in court cots. attor-
1101 S lees and necessary printing already
incurred , ii,9O.7 ; for the continued prose-
cutiorl or the case In attorneys' fees , wit-
I1es fees traveling expenses , etc. , making
totii appropriations forthecaseoti1,6.8.Th.
' - Ernerency clause.
lOUsC roll \o. 4112 by Hairgrove-An act
to provide for the supplyiug of a card cata-
Iogtic for the state liorary and approprlat-
lug UA out of the library fund for expense
of the same. Emergency clause.
1Iuue roil Iso. .zll , by flaIrgrove-An act
to appropriate $4000 for the purpose of fur-
ni-h.ng additional shelving and vaults for
the , tate library , plans for work to be made
- ' by state librarian and contract to be let by
' \ , the board of public lanas and buildings.
. lmergency clause.
' ouse roll 4u : , by Fritz-An act for the
relief of 1.iakota county , refunding said
county $ ,23.5O , being excess state taxes
paid by Dakota county for the years iSsi ,
1.i9and1 VO.
1iotue roil No. 25 , by louse-An act for
the relief of Henry Lucbs , appropriating
f7.CO to said Luebs forexeess expeucied by
1111n On nureliase of school land.
llouroll o.25l , by 1loue-An actior
the reflcf of William % Vlesse , refunding to
hint rental paid oh school larut lease
U1)tn an aporaisement held by the supreme
court as illegal.
house roll No. 77 , by Crow of Douglas-Au
L act to provide for th payment of officers ,
memners and employes of the Twenty-
fourth session of the legislature and appro-
priatlng $5.UOO for the same. Embrgcncy
c1Lt4se.
. - house roll No. 32 , by ilobinson-Appropri-
cLtlog the matriculation and diploma tees
collected from thestudents of the universIty -
Ity of bebraska , comprbdng the special
liorary fund , for the purchase of books and
authorizing the board of regents to draw
the same. Emergency clause. .
House roll o. 3J , by 1obInson-An act to
. - appropriate certain moneys known as the
. 'MOi'rl1l fund , " received by the treasurer
' - from the United States , to the use and bene-
Lit of the industrial college of the univer-
: shy of Nebraska. Emergency clause.
house roll No. 34 , by Robinson-Au act to
- appropriate the tution fees of the college
' . . or law of thern university of Nebraska for
: - the use and support of the said college of
law. Emergency clause.
House roll No. iil5 , by Conaway-An act to
provide seed and feed for the destitute farmers -
mers , to provide for its distribution and appropriating -
propriating $2OOOO. Emergency clause.
' hOuse roll No. 44 , by llurch-An ac pro-
v1dn" ! for the completion of the library
- . . buildrng at the state university and equipping -
' - ping the same. The bill appropriates $7iOeO
and provldes.for Its disbursement through
. , : ' : the board of regents. Emorency clause.
; . . house roll No. 531 , by Gri1th-Proriding
- for the payment of incidental expenses incurred -
curred by the Twenty-fourth session of the
legislature and appropriating therefor the
. sum of OOOK The blliprovldes that all accounts -
: counts for expenses shall have attached an
ailidavit. of the claimant that the same is
. correct and that accounts shall be
. passed upon by a committee on accounts
, - and oxuenditures , certified bysuch and verified -
ified by the presiding officer. Emergency
clause.
:
Chapter Z--Attornoys.
senate Ille No. lii , by Crane-To amend
sectIon 19 , chapter 7 , compiled statutes for
Section 1. Advice to officers : The county
attorney shall without fee give opinions to
' the county commissioners amj. oUter civil of-
flcers when requested ; providdd further ,
that in all counties the county board may
employ such additional counsel in civil matters -
ters as they may deem necessary , when requested -
: ' quested by petition of ten freeholder ; such
: attorney or attorneys to prosecute or de-
enri such civil actions as the interests of the
. county may require , and : shall receive such
. reasonable compensation as the board and
such counsel may agree updn.
: . Senate file No. 42 , by Watson-An act to
provide for the admissson to practice of attorneys -
torneys and to repeal sections 1 and 2 of
S chapter 7 of the compiled statutes of 1893 ,
. being sections 277 and2TS of.tho consolidated
- statutes.
' . - Section :1. : No person shall be admitted to
, - practice asau attorney-at-law or conduct
Liny action unless he has been previously
- . . admitted to the bar by order of the supreme
: . court , but this section shafl not apply to
. jersons almitted under pro-existing laws.
Sec. 2. The supreme court shall fix times
: ' when examinations shall take place. proscribe -
: : , scribe and publish rules to govern such ex-
itruinatious , and may appoint a commission
. - 'of three persons to assist in or conduct any
such examination.
. ' : Good moral character , twenty-one years
. - .of ng , regular student for two years with
; practicing attorney or grziduato of law col-
- leg'of state university crc requirements.
.
. Clinptnr siiaus.
flouro roll No. 101 , by Sutton of Doughts
I -An act ann.ding the state banking law.
- lie now law requires all state bauks to be
' : ' chartered under the seal of the state by
' the state banking bceird. Foui : public state-
ents are required abnually , instead of I
.hiLee1 at 1et ; two directors to Iu tI
.
; T
.
taternent with the cashier. wo diFoctors
are required to bo present when a bank -is
examined. Bank examiners' bonds are
raised from 1OOOO to 25OOO. Instead of
uniform fee for examination. tees are
graded according to capital of banks. Banks
must keep 15 per cent of deposits on hand
and in cities of 20,000 population or over 20
per cent. In coporated banks are prohibited
from buying or holding any part of
their stock. All banks are required -
quirod to sot apart one-tenth
of their net proceeds until they have a stir-
plus of at least 20 per cent. No bank can
hold any real estate , except bank building
and fixtures , to exceed one-thut d of its capital -
tal unless taken to . satisfy a debt and it
must then ho sold within five years. An
examiner can close a bank and hold all
property against execution or attachment
pending tim appointment o ? a receiver.
Notes by any bank or banker or partner-
thip cannot be carried as an assot. Under
penalty as provided stockholders liabilities
to any bank shall never exceed 50 per cent
of its capital. No dividend can be made
where any had debt or loss is carried as an
asset. Instead of In supreme court all receiverships -
ceiverships hereafter will ho settled by the
district court where a suspended bank is
located. The bill p.tssed without the emergency -
goncy clause and becomes operative August -
gust 1.
house roll No. 208 Uinds--An
, by - - act ro-
biting to shareholders in banks , compelling
a list of the liamos and residents of all shareholders -
holders in the bank , the number of shares
held by each and the amount of paid up capital -
ital each share repre3ents , to be kept for the
Inspection of the public and creditors. The
jhthalLbclppt , tyhero the busins is
access may be had
to it. Failure to keel ) such list is punishable
by a fine not less than $50 nor more than
t200.
_ _ _ _ _ _
Chnpter f-Corporatous.
house roll No. 434 , by Mungor-An act
permitting foreign corporations organized
for the purpose of organizing and maintaining -
ing institutions of learning of the grade of
a college or university to issue diplomas
and degrees. The law provides that whenever -
ever such institutions shall have become
possessed of property and funds to the
value of $100,000 or more and
shall have an institution estab-
lislied as aforesaid , it may ask the
judge of the district court in the district
where located to appoint three commissioners -
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 office , and if more than ahovo
amount is found in the college possession it
3halL entitle them to all benefits of the act.
Emergency clause.
. Senate tile No. 14 , by Watson-An act to
amend sections 1 , 2. 3. 4 , 5 and 6 of chapter
19 of the laws of 1891 , relating to equip-
meat of railway cars and engines with
automatic couplers and brakes.
After January 1 , 1893 , it shall be unlawful
for any railway to put in use any car or
engine not equipped with automatic
couplers. ' ' *
It shall be unlawful for any corporation
to run any train after January 1 , 1898 , that
shall not have a sufficient number of cars
with automatic brakes , so that the engineer
can control the train without requiring
brakemen to go between the cars.
Every corporation shall include in the annual -
nual report to the state railroad commis-
iouers the number of engines and cars so
equipped.
Any corporation violating this act shall
be subject to a fine of not less than 5O0 or
not more than lO00 for each offense ; pro.
vided that this section shall not apply to
companies in receiving cars in interstate
trallic. An onxploye injured by such engineer
or train contrary to this law shall not be
considered as waiving his right to recover
damages 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 the sections hereby
amended. Emergency clause.
Senate file No. 77 , by Sloan-An act relating -
lating to certain contracts for the conditional -
tional sale , lease or hire of railroad and
street railway rolling stock , and for the recording -
cording thereof.
Section 1. In any contract for the sale of
railroad or street railway equipment it shall
be lawful to agree that the title 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 ti trnii-
nation of such contract ; thatrcntals may be
applied as purchase money. Such instru-
meat shall be tiled for record in the office of
secreiary of state.
Senate file No. 124 , by Smith-An act to
pension firemen of paid lire departments.
Metropolitan cities and cities of the first
class shall pension firemen who have served
in sui.h department for twenty-one years , at
therato of 5 percentof thesalary ; in case of
death in line of duty the same pension shall
goto the widow ; in case of permanent injury -
jury in line of duty , such fireman shall be
placed on the pension list.
Senate file No. 132 , by Wright-An act to
regulate organization and operation of mutual -
tual benefit and liie insurance companies.
Every corporation working under the mutual -
tual assessment , co-operative or natural pro-
inium plan or of paying endowments or no-
cident idemnity , before commencing business -
ness shall submit plans to the auditor and
attorney-general for approval , and must
have applications upon at least 250 lives for
at least lOO0 , each , and proof that its officers -
ficers have given good bonds. No agent
shall act within the state unless authorized
by the auditor. Each company shall make
an annual statement to the auditor. Ac-
cuinulations shall be invested in United
States bonds , state or municipal bonds , erin
in notes secured by real estate mortgage or
district Irrigation bonds not to exceed 40
per cent of the value thereof , and deposit
same with the auditor. Companies paying
leath lossses or accident idemnity by assess-
neat shall bo deemed a mutual benefit asso-
iation , but this act shall not apply to secret
raternal societies.
Whenever the laws ofanyothor state shall
-equire of life insurance companies of this
tate any deposit , taxesflnes , or require any
ther duties , then the auditor shall require
f companies of such other states , like ray-
itents and duties.
Chapter 10-CountIes.
house roll No. C0 , by Jenness-An act to
amend secUons of the statutes relatin'g to
ho formatioh of new counties or the divis-
of counties already organicd. The old
law is amended making 450 square miles the
minimum territory to be established in iv
county. The new law also changes the
votes necessary to form a new county from
a three-fifths vote to a majority vote.
House roll Nos. 445 , 446 and 447 , by Har-
ris-Aro acts to define the boundary lines of
Grant , Arther and Dcuel counties. Under
the act creating these counties the west line
of Arthur and Grant and the east line of
Dect1 'was made the twenty-fifth degree of
I , ' -'do west from Washington. As this
line had never been located it left the
boundary line indefinite , and the now law
esthhlishes the boundary line between the
counties on township lines according to the
government survey. All three bills have
the emergency clause.
House roll o. 455 , by Ely-An act to levy
a tax to create a special fund for the purpose -
pose of erecting a court house. The law
empowers the board of commissioners of
any county , upon the petition of one-fourth
of the lega' ' voters of the county , to submit
at any gcnei-al election the question f vot-
lug a special annual tax not to exced miJlz ,
for a period of fivoyears , to be used in the
construction of a court house. Election for
this purpose shall ho governed by section
871. chapter 1 ( ) qf the conilnied statutes.
The act speoifics that it shall not be construed -
strued to be in conflict with any lav now in
foice authorizing the issue of bonds , but
shall he additional thereto.
House roll No. 77 , by Sutton of Douglas-
An act to ainonl the law relative to discon-
tinning township organization , amending
t he present ln by ma king it obligatory to
have an election called at a generaL election
to submit discon tinuanee of township organization -
ization , where 10 per cent of the voters of
the towlisbip so petition thirty days prior
to the general Qlecini. - .
. ,
. -
- -
- - -
, . : - -
-
Roui , roll No. 06 , by Burns of Dodge-
An act providing amendments to the law
relating to township. organization , amending -
ing so that the number of members constituting -
tuting a county board may b , reduced fron
present representation and making minor
amendments to sections in first part of the
law as now existing and changing the required -
quired voters to petition to chai2ge from
township organization back to the commis-
sloner system.
Senate file No. 312 , by Stewart-An act
to provide for the investment of sinking
fund and other surplus funds of counties
and townships , in grain for teed and seed
for drouth sufferers , and to amend sections
930 and 037 , consolidated statutes , and to
repeal the same and to repeal section 938 ,
and to legalize act3 of county boards here-
oforo taken in conformity to this act during
Section 1. It shall be lawful for the county
treasurer , wherever 6uch necessity exi3ts , to
withdraw from deposit all sinking or other
surplus funds , and to invest the same in
grain for seed and feed , to be issued upon
farms.
&c. 2. Such investment shall be made
only on petition of 25 per cent of the legal
voters.
Sec. 3. Upon presentation of each petition'
the county treasurer shall publish notice that
he Is ready to receive applications for feed
and seed , whereupon the county board and
treasurer shall purchase seed from time to
time , to meet the ( leinenIs , to be purchased
in open market or by bids.
Sec. 4. All applications for feed and seed
shall state the amount desired , number of
acres , accompanied by a statement that the
anDlicant is a resident of the county , and
. with notes and security to be appror d by
the treasurer , the notes to run not less than
twelve months , at the rate of 7 per cent. , 1
per cent of which shall go to the county
treasurer. Funds needed for the redemption
of bonds during the years 1895 , or 1896 shall
not be so u3cd.
Section 936. That the county board of any
county or thetown board of any township
shall have power to use funds of county or
township in the purchase of seed grain for
destitute farmers , caused by crop failure of
1894.
Section 937. That the county board shall
soil seed and feed to persons engaged in agriculture -
riculture at actual cost , and take the promissory -
issory note of the purchaser ; provided that
all acts of boards in conformity with this
act committedduringlsO5 are declared valid
and lawful. Emergency clause.
Senate file No. 181 , by rossler-An act
enabling counties having 125,000 inliab-
itants to issue bonds and operate p'wer
canals.
Bonds shall not exceed 10 per cent of the
assessed valuation of the county ,
two-thirds of all votes cast being required -
quired to carry the ; proposition. District
judges shall appoint a board of five trustees
who shall carry this act into effect , condemn
right of way and let contracts. Irrigation
canals shall have preference in use of
water in times of scarcity. Emergency
clause.
Senate file No. 379 , by Hitchcock-An act
to authorize counties , townships , precincts
and villages to issue bonds to aid mu construe-
tion of a highway wagon bridge across any
boundary river of the state.
Bonds shall be issued by a three-fifths vote
at either a special or general election , .uot
exceeding 10 per cent or the assessed v lua-
tion , but any county or city that has heretofore -
fore made donations to any works of internal -
nal improvement may issue bonds not toox-
ced 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 5
per cent of assessed valuation , in no event
to exceed $5O,00 , for the purpose of purchasing -
ing seed to be planted during the
year 1895. And providing that bonds
only shall bo issued after so directed by a
vote of the people. Emergency clause.
House roll No. 530 , by Iiorst-.An act pro.
viding 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'ant for the
surplus and use the same to purchase seed
for the destitute farmers in said precinct.
Emergency clause.
House roll No. 534 , by Asliby-An act
authorizing county boards to use surplus
county general , road and bridie funds for
the purchase of grain for seed and feed , said
grain to be furnished farmers at cost price
and note and suitable security taken by
county to secure the payment. Emergency
clause.
Chapter 11-Courta.
Senate file No. 7 , by Crane-To amend
section 1106 , chapter 11 , to legalize irregular
records made under authority of said see-
tion and to repeal said section.
That section 1106 , chapter 11 , entitled
"Courts " of the consolidated statutes be
amnende to read ; "The probate books shall
consist of a probate record and foe book.
The latter shall be kept as follows : Title of
all probate proceedings , date of each paper
issue.1 or filed and of all orders , an exact account -
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 in the proper books.
Senate file No. 9 , by Watson-An act to
amend section 3 of an act entitled "An Act
Authorizing the Appointment of Supreme
Court Commissioners and Defining Their
Duties , " approved March 9 , 1893 , and to repeal -
peal said original section.
Section 1. That section 3 shall be amended
by attaching the following : "Provided that
upon the expiration of the terms of said corn-
missioners as hereinbefore provided the said
supreme court shall appeint three persons
having the same qualifications as required
of these first appointed as commissioners of
of the supreme court for a further period
of three years front and after the expiration
of the term first herein provided , whoso
duties and salaries ihall be the same
as those of the commissioners originally ap-
pointed. "
Senate file No. 15 , by Crane-To amend
section 3036 , chapter 39. cossolidated statutes -
utes of 1S91 , to read : "Provided , however ,
that in counties having over 125,000 inhabitants -
itants each bailil ? shall be appointed to servo
one year from the time of his appointment
( unless sooner renoved by the 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.
Senate fi1 No. 44 , by Uraham-To provide
for the keeping of an incumbranee book.
Each cle ± of the district is required -
quired to keep for the business of his of-
lice a book to be called the incumbrance
book , in which the sheriff shall enter a state-
inent of the levy of each attachment or execution -
ecution on real estate. Emergency clause.
Chapter 12-Deced cuts.
Senate file No. 100 , by Stuefer , to amend
section 1390 , cbaptet 12 , compiled statutes of
1S93 , entitled "Decedents' Estates. "
Section 1390. The county judge may grant
authority to executors of estates and guardians -
dians of the estates of minors and spendthrifts -
thrifts to mortgage any real estate belong-
lug to such estate where mortgages existing
on such real estate are duo or about to become -
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 decrees -
crees of any court under an act entitled an
act to amnezxu ectiuns 'J and 176 of chapter
3 , compiled statutes of ISS7 , entitled "Deco-
dents , ' which said act has been declared unconstitutional -
constitutional by the supreme court.
Chapter 15-ElectIons.
House roll No. 550 , by Davies-An aotpre
scribing the manner in which two or more
amenllnents to the constitution are to be
submitted , and providing for the printing
and distribution of the ballots. The law
requires hseparato ballot for amendments , I
to be prepared in official and sample ballots
by the secretary of state ? to be furnished the
county clerks by hirnselt twenty days prior
to the day when they shall be voted upon.
The county clerks shall distribute thorn in I
thir couutie aziU election boardi shall
_ _
_ _ _
. indorse , care for and return them the same
5 ballots voted for officials.
Senate file No. 231 , by Cross-An act to
amend section 1750 , chapter 15 , consolidated
Btatute ? , by Inserting the following : "That
candidates nominated under the provisions
of this section shall be termed candidates
'by petition , ' and their names upon the
ballot shall be followed by the words , . 'by
petition , ' and shall not be foll2wed by any
party desiguation by virtue of such nomi-
nation. '
Chapter 18-11 lnhways.
Senate file No 258 , by Leht-To amend
section 1897 , consDlidated statutes , relating
to letting of contracts for erection and re.
pair of bridges , by inserting this proviso :
"Providod , that the county commissioners
may adopt general plans and specifications
for the building of such bridges , and may
let a contract fo the building ofall bridges
that may be required to be constructed dur-
lug the term of one year from the lettuigof
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. " _ _ _ _ _
Chapter 23-interest.
House roll No. 31 , by Robinson-An act
to amend section 10 , chapter 44 , of the corn-
piled statutes of 1893 , relating to interest on
warrants. The law fixes the maximum rate
of interest on warrants issued by
any subdivision less than a county -
ty or counties at 7 per cent , and
state warrants issueti shall draw but S per
cent. Bonds issued by counties or smaller
subdivisions cannot draw more than 7 per
cent. Emergency clause.
Senate file No. i5 , by Dale-To amend eec-
tion 2030 , consolidated statutes of 1891 , entitled -
titled "Interest , " to road as follows : "All
warrauts istued by the proper authorities of
the stat3 shall draw interest from and aft'r
date of their presentation for payment at
the rate of 5 pe cent per annum , and all
warrants issued by proper authorities of
any county , city , towi4 school districts , or
any municipal subdivision less than a coon-
ty , shall draw interest at the rate of 7 per
cent per annum , and iio bonds issued by any
county , city , township , precinct or school
district shall draw interest at a rate exceedIng -
Ing 7 per cent per annum. "
Chapter 24-Irriiratlon.
House roll No. 332 , by Meyors-An act
for time organization and government of irrigation -
rigation districts , to provide for the ac-
quring of canals alreadv built or partly
built , securing right of ay for such , constructing -
structing irrigating ditches , dividing certain
portions of the state info irrigating districts ,
allowing a majority of freeholders owning
lands in any district susceptibe of our mode
of irrigating to organize a district , authorizing -
izing such districts to vote bonds br con-
struetion and right of'way , providing for
taxation to raise revenues in districts , providing -
viding for election of officers to manage districts -
tricts , dividing districts into divisions. District -
trict boards shall have right to enter upon
any lard for purposes of survey , shall estimate -
mate all costs , asessmenth made upon real
property become a lien thereon , canals may
be carried across streams , highways and
railways , the latter to co-operate in securing
feasible crossings ; water commissioners
whore water is insufficient to meet all demands
mands shall apportion the same equitably ,
rights of private parties must be recognized ,
appeals to courts upon acts of directors of
districts. Emergency clause.
House roll No. 443 , by Schickadantz-An
act regulating appropriation of water for
Irrigation and power purposes , exemption of
such works from taxation and providing for
a board of irrigation.
The governor shall act as president of a
board of irrigation , composed of the governor -
ernor , attorney-general and commissioner of
public lands and buildings , which shall elect
a secretary , an assistant secretary and two
under secretaries , ono for each of the two
water divisions. The under secretaries , un-
tier direction of the state board , shall see
that laws relative to distribution of water
are executed in accordance with the rights
of priorityof 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 th application. Water of natural
streams is declared to he public property ,
subject to appropriation as provided in this
act. Passed with the emergency clause.
Chaptt'r 26-riiw.
Senate file No. i35 , 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
publish constitutional amendments for at
least three months prior to election.
Senate file No. 287-An act to amend roe-
tion 4 , chapter 3. compiled statutes , by requiring -
quiring that public notice that proposed
amendments are to be voted upon shall be
giv n as provided in section 1 of article 17
of the constitution , instead of as required by
the law regulating general elections.
Chapter 35-M tin lelpal Corporations.
House roll No. 174 , by Hairgrove-An act
to providefortlio apportionment of fines and
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 the
districts in proportion to the numler of perSons -
Sons of school age. Emergency clause.
House roll No. 392 , by Conaway-Ami act to
amend subdivision 2 of section 2839 , corn-
piled statutes , by providing in detail for the
organization of boards of health in cities of
the second class , to prevent the introduction
of contagious diseases and to quarantine thu
same. The mayor , city physician , president
of the council and marshal are made the
board of health , who are given full power to
establish rules and regulatiDns and enforce
the same. Emergency clause.
House roll No. 110 , by Conaway-An act
to amend the law relating to registration of
voters , amending the.oldlawbyniakiiig registration -
istration apply only to cities of over 7,000
population and in such cities of over 7,000
population providing for three genera ! registration -
istration days prior to each general election
instead of five , and providing at times of revision -
vision for one day's.sittiug instead of three.
House roll No. 457 , by Wait-An act
amending the laws in regard to villages , allowing -
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-
lion extending three miles outside the village
limits.
House roll No. 316 , t.y Burch-An act to
authorize cities of the seccthd class and incorporated -
corporated villages to borrow money or issue -
sue bonds for the extension or elnargement
of water works. The law applies only to
cities or villages owning their own water
works. The limit to the amount to be borrowed -
rowed or for which bonds can be issued is S
per cent of the assessed value of taxable
property within said city or village. Funds
raised by this act shall be kept as a separate
fund knowit as a water extension fund. If
money is borrowed on bonds they shall be
voted by the peop1 as the law requires and
shall not draw to exceed 7 per cent per an-
nu'n.
nu'n.House roll No. 28by Brady-An act
authorizing a special license tax upon instir- I
ance companies in cities of the second class
and villages for the support of volunteer
fire departments. The law authorizes city I
councils in cities of thq second class and viiI I
logo boards by ordinance to levy a special
license tax not to exceed $5 per annum upon
every fire insurance company 'transacting
business in such city or village , thetax so
raised to bo used. for the support of volunteer -
teer fire departments , duly organized under
the laws of the state.
Senate file No. 173 , by Watson-An act to
legalize all the proclamations and acts of
the governor , and all ordinances passed by
tim cities which have herefbfore been do-
1ared and have been proclaimed and organized -
ized as cities of the first class under chapter
8 , of the laws of 1891 , which act was doi i
dared unconstitutional by the supreme
court.
I
Senate file No. 1 , byWatson-That section
1 of an act entitled "An act to incorpcrate
cities of the first class having less than
25,000 and more than 8,000 inhabitants , regulating -
ulating their duties , power and govern-
pleat , " knQwU as chaptr 15 of tht geea1
-r-- - - -y ' . . C , _ _ ,
- - - . ' ; -
' Slaws
.
laws of 1889 , passid nd anvol M h 11 ,
1889 , be amended as follows :
Section 1. That all cities having 1e33 than
25,000 awl more than 10,000 inhabitants , as
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 organized -
ized as cities of the first class under the act
of 1889 , being chapter 15 of the general laws
of 1889 , but the same shall remain and be
known as cities of the first class and be governed -
' ornod by the provisious of this act.
See. 2. That. section 2 of said act be
amended as follows : Whenever any city of
the second class shall have attained a population -
lation of more than 10,000 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 thereafter -
after such city shall be governed by the provisions -
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 file No. 1CO , by Holbrook-An act
to create a board of vark commissioners.
Section 1. In each cityof more than 5,000
and less titan 25,000 inhabitants , which has
already or shall hereafter acquire land for a
jarl , a board of three pan : commissioners
shall be appointed by the judge or judges of
the district court on the second Monday of
January , 1800 , or on the second Monday of
January followingtho establishment of the
first park in any city. for one , two , and
three years , respectively. The commission
shall adopt rules , iniprovo and beautify
grounds and employ helpers to time extent of
funds provideil. Menibers of the comnus-
sioti shall receive $10 JC ajuuni. For the
purposes of paying oxpeilses emiumeratod time
city council shall make a levy not less than
3 , mill and iiJt exceeding 2 nulls on the dollar -
lar valuation on all taxable property. All
bills for expenses shall ho audited by the
comumissioii , warrants on time fund to be
drawn by the chairman and paid by the city
treasurer.
Senate fileNo. 131 , by Sloan-To amend
subdivision 14 of section 281Jf2 , consolidated
statutes of 1893 , as follows : To make contracts -
tracts with and itutliorizo any person , Coin-
pany or association to erect and maintain
gas or electric light works in said city , and
give such person , company or associations
tiio exclusive privilege of murnisiming gas or
electric lights to light the streets , lanes and
alleys of said city for any length of tune ,
not exceeding six years , and to levy , a tax
not exceeding five ( ii ) mills on the dollar in
any one year , for the purpose of paying the
costs of lighting the streets , lanes and alloys
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 laud
for parks and issue bonds therefor.
Land so taken must be within five miles of
the city limits , and jurisilictionof time mayor
and council shall extend over the same.
The mayor and council shall have power to
pledge the credit of the city to an amount
not to exceed $15,000 for the purpose of buy-
lug and improving land for parks by majority -
ity vote of the people at the general city
election and at no other time.
House-roll No. 201 , by Harrison-n act
amending sections 20 , 3S and 4(1 ( and subdivisions -
divisions 15 and 21 of sections 68 and 83
compiled statutes relating to cites of over
8,000 population andless 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-
clan or other physicians as the city nttrney
may direct. A failure to submit injuries to
such examination shall bar injured Ierson
from maintaiuin suit. Also change in
minor details the law relating to equalization -
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 , providing -
viding a levy for such purpose and the issue
of bonds if levy is insufficient. Also provide -
vide that suc.i cities of the first class can
purchase land for public parks and issue
bonds for such purpose in amount not to exceed -
ceed $75,000. Also provide when city
treasurers make their monthly reports to the
council they shall sh'w all funds shown by
the report to be on hand or under their con-
trol. Also provide that such cities many
issue bonds to purchase water works.
Emergency clause.
House roll No. 139 , by Allan-An act to
amend section 145 of the act incorporating
niotropolitan 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
01' public lands and buildings and the at-
torney-general sitting as an appointing
board instead of by the governor as bore-
tofore. The number ofsail coninissioners is
limited to three electors of said city who
shall not hold any other city office. The
commissioners shall be appointed within
thirty days after the p'issage of the act and
one at least shall he taken from the txo
political parties casting the largest vote for
governor. They shall ho designated to serve ,
one until Dec. 31 181)5 ) , one until Dee. 31 1896
and one until Dec. 31 ISOT and thereafter
appoiptrnents are for three years. Charges
against the commissioners may be filed with
the appointing board of investigation. The
act defines in full the power of the corn-
mission amid duties of the same and gives
them power to compel atteudan o of witnesses
the same as magistrates exercising civil or
criminal jurisdiction.
House roll No. 4 , by Wait-An act for the
relief of volenteer firemen injured or ( us-
abled while in active service. The law
applies to cities of the first class of less than
23,000 , cities of the second class , and iii cor-
parated villages and providosthatsuch injured
liremne n may receive fromim the said city not
less than $3 per week not moro thaa Sit ) per
week of seven ( lays , limiting the total
amount that may be received to 200. In
villages the amount received to ho not less
than $2 or more than 5 per week with total
LLfliOUflt received limited to $100 , payment to
be provided for by ordiance.
Chapter 89-Ofllers.
Senate file No. 340 , by McKesson-To facilitate -
cilitate the givng of bonds by public ofikials
and others and to authorize acceptance of
guaranty corporations as Sn reties.
Sectida 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 he sufficient when exeiute'J by
a corporation under the laws of this or any
state having a paid up capital of $20,0.0
provided such corporation be approved by
the head of doparzmentcourt , judge , oflicer ,
or body authorized to approve the same.
Sec. 2. No corporation organized under
laws of any other state shall be accepted as
surety until it shall have appointed the
state auditor its lawful attorneyupon whom
my be served lawful process , who shal accept
service , and judgmucnms against the corporation -
ation shall be binding.
Sec. 3. If such corporation fail to pay
judgment itshall forfeit all rights to do bus-
mess in this city.
Chapter 12-Pii bile ilenith.
Senate file No. 29 , by Caldweli-An act to
regulate the practice of dentistry and to
puuih violators tbercof and to repeal ar
tide 2 of chapter 55 , compiled statutes.
It. shall be unlawful for anyone to practice
dentIstry without a certificate froni the
state state board of health and such certificate -
tificate shall ho recorded with the county
clerk. -
Within sixty ( lays after this act is approved -
proved the state board shall app Ant three
secrethrios from a list recomnniended 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 proscribed -
scribed in this act.
Sold secretaries shall issue certificates , if
in their opinion proof complies with provi-
sbus of this act , and when said proof shall
have been on file ten days.
/Persons practicing dentistry shall make
aip1ieation for a certificate within six
miioiiths. after the passage of this itt , appl.i-
: . . ' ; - - "
.z'z--
: tk ; , # j
. '
catonto ! accoip hTeby a ertlfld p1
of former and original reglstratiou , WI
notary publics seal. If the applicant shall
be found to practice under the act of 18S7h *
shall receive a certificate.
It shall be the duty of persons not IntencP
if not graduate from a
ing to practice , a
dental college , to appear before said secro-
to
tam-lee and be examined , and , if foutl
possess requisite qualifications , there shall '
be Issued the certificate of the board. 1
A graduate of a reputable dental dollege his ,
before beginning practice shall present
ho
with affidavit that
diploma to said board
is a lawful nossessor of the tame , and if
found enticed to practice , he shall receive
certificate. -
Persons receiving certificates shall file the
same or copies thereof in the office of the
county clerk , where they shall be recorded
in the deutiit's register , the clerk to receive
the same fee as is allowed for recording of
conveyances.
On removing to or practicing in another
county the holder shall file his ° certificate in
the county to which ho has removed.
A reputable dental college or university 13
defined to be an institution requiring a preliminary - -
liminary examination for admission , attendance -
tendance for at least three courses of lee-
tures of six months each , no two to be held
ithin one year , and having a full faculty
of professors in anatomy and oral surgery ,
physiology , chetnistry , materfa medica ,
therapeutics , operative dentistry and phos-
timatic dentistry , mimI clinical instruction in
the last two minuted ; provided that the three
year clause shall not apply to degrees granted -
ed vrior to July 1 , 189.
IN othing in this act snail prevent physicians
from extracting teeth ; mud provided , that
I bonn flUe students in dentistry shall be per- (
I mnitted to perform operations tinder supervision -
vision of their preceptors. If a ( cc is received -
ceived , then such person shall no longer ho
considered a student.
Aimy person violating this act shall bo
deemed guilt ) ' of a misdemcanor , an'l on
conviction shall ho hued not less than $25
nimmi not more than $50 and costs , and stanti
committed until such fine or costs are pakh
Smijit secretaries shall charge a graduate a
fee of $2 for a certificate ; for examination ,
$10 ; under former registration , $1. Saiti
secretaries shall receive $3 for each day
actually employed.
Said board may refuse certificates to per-
scs guilty of dishonest and dishonorable
conduct , and it may revoke certificate for
like causes , provided that they give the no-
cused a hearing.
Time act of 1887 is hereby ropealod.
Approved Narch IS , 1893.
Clmnpterd3-l'iiLIlC ImistitutlOns.
House roll No. fI85 , by Lamborn-Ari act
to provide by the method of purchasing all
supplies for the legislature anti to regulate
the use and care of time same. The law provides -
vides that sixty days prior to the convening
of the regular session of the legislature the
board of public Iummls and buildings shall advertise -
vortiso for all supplies deemed necessary for
the legislature , to contract let to the lowest -
est bidder. At c ese of the session nil supplies -
plies shall be preserveI and stored for the
future. The taking of supplies by anyone
shall be considered larceny.
Senate file No. 163 , by Graham-To
amneitti sections 3364 and 305 , chapter 43 , I
consolidated statutes of 1891.
Section 3,364. That feeble-minded cliii-
dremi who have been residents of the state
for one year may be admitted to the Institute -
tute for feeble imniled. The board of public
lands and buildings is empowerd to make
such rules governing admission and dis. .
charge of inmates as they may deem just.
Sec. 8305. 'rhat whoa parents or guardians -
dians are financially unable to provide ncces-
sary expenses the county board shall pay to
the superintendent I9 a year for each person -
son so admitted and each year an additional
sum which , added to the balance on hand ,
shall equal the sum of $40 for each Indigent
inmate. Persons able to pay expenses shall
give bond to the state in the suni of $75 conditional -
ditional on providing for clothing , transportation -
portation , expenses in case of deatb , mci-
dental , dental work , repairs of clothing ,
etc. , such bond to be approved by the
county judge.
house roll No. 6D7 , by Judd-An act to
amend the contract between the state of Ne-
brasia and contractors for leasing the peni-
tentiary. The law provides that within
thirty days after the passage of the act the
board of public lands and buildings and W.
H. Dorgan shall each select an appraiser ,
resident of the state. Within thirty days
thereafter the governor shall select an urn-
pire.r'lio three shall take oath faithfully
aml impartially to perform the duties devolving -
volving upon them. Said appraisers shall
them inmnlediately make an appramial of the
cash value of said contract for its unexpired
tern : , and also aim appraisal of the cash value
of all property owned by said Dorgan and
located at the penitentiary which has been
furnished while the contract has been in
force. in case the appraisers fail to agree
upon the vaiuoof the contract or property ,
thoyshall submit their differences to the
umpire , whose decision shall be final and.
binding upon both parties.
There shall be deducted from the cash
value above , the cash value of supplies
turned over to W. H. B. Stout ai per in-
venery and the cost of constructing eighty -I
coIls provided for in the original contract.
If Dorgan does not appoint an appraiser (
then timeappraiserappointed by the state and
the umpire shall appraise and the result of
their appaisemuent shall be tendered Dorgan.
If he does not accept the governor is empowered -
powered to take possession of the peniten- , I
tmary.
All existing contracts made by corpora- .
tions or individuals with Dorgan shall 01.
remain in force and effect , compensation
therefor to go to the state. The board of
public lands and buildings are empowered
to manage the penitentiary and to lease any
labor not to exceed a term of two Years.
Appropriation to carry the law into circet ,
$35,000. Emergency clause. . [
Chapter 44-PubIlo Itistrtiotlon _
House roll No. 15 , by Griffith-Au act to
allow children of school age of their home
district to attend school at a nearer district.
The law provides that prior to such attendance -
anco in outside districts notice mustbegj rca
the ) county surerintcndent who in turn must
notify tl , county clerk who shall be cam-
powered to place the school taxes of parents
whose children attend outside school to the
credit of such district. Emnergency clause.
House roll No. 283
, by McNitt-An act to
provide for free attendance at public high
schools. High schools so determined to ho
by time state department of education shall
hereafter ho open to the attendance of pupils
from outside the district. The 'pupil must
first have certificate front the county
superintendent -
intendent that he has advanced to high
school requirements. on-rcsjent pupils
thall attend time nearest high school. High
schools that
cannot accommodate Outside
pupils without additional
building are
cx-
ernpt. Fifty cents per 'week each must b
paid to the high school district for nonresident -
resident pupils , to be paid out of the county
school fund. The county board in
County shall levy annually a ta sfflcjet
to meet this expense , not to exceJ I mill.
House roil No. 382 , by Roddy-Aii
act
relating -
lating to the boundaries of school tlistrjcts
and provid lug for the annexation of territory
not in district to district
adjoining
, ant
amending for such
purposes ation 3513 of
the
consoiidato-J statutes.
clause. Emergency
Senate file No. v , by Pono-An act to
provide for the educatIon o ? children
con-
lined in Poor houses and for the
the paymn&t of
expenses thereoL
Section 1. That where children of
school
ago and Ofsound mind shall be cofnetj in
any poor house it shall
, ho the duty of the
county , where the
make Lame can be done. , to
urrangcIii with
the officers
school of the
district whereimi mit !
poor house
located ' is
or 'tiith
sonio school
district
jacent to have nil-
, the children so chargeable ¼
to
the county , attend school.
It shall be the
duty of the county board
upon the report of the officers of the
( listrict school
to draw a.
Waraxit
the
fund of on general
the
county
, paiablo
to the
treasurer
of the
school district.
Emnergoncy clause.
Clmaptot.45..I.Ubl,0 Ltindg.
Senate file No. 3i , by Rathbun..A
act
tQarnnad
stj 880
cwmuUdted stat
jj