Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 14, 1895, Part I, Page 13, Image 13

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    A-M ATTA TIATT.V AV. ATTJIT. 1A icorr I
EPITOMEOFNEWLAWS
"Work of tbu Last Legislative Session
Succinctly Reviewed.
NUMBER OF GOOD BILLS WERE PASSED
*
, % i * I taws Designed to Froraoto the Develop
ment of Nebraska.
1
I"X LIBERAL WITH THE PEOPLE'S MONEY
"X , Appropriations Larger Than Any Previous
Session butOue.
CORPORATIONS ESCAPE SCOTT FflEE
Arinlynl * nf ( tin Work Accomplished by n
L > < * Kl ! atiira tlmt mil Hu Itvincniberml
i'-x , for > Vlmt It Did Not Do , Hiitlier
Tlntii forVlmt It Did.
The twenty-fourth session of the Nebraska
legislature was supposed to be at work sixty-
eight days , and during that tlrtie It pasied
and sent to the governor 130 bills , alt gave
four of which will find a place In the next
edition of the statutes. Some of these laws
nre important , having a direct bearing upon
the future development of the state. The
proposed constitutional amendments will
broaden and strengthen the state constitution
and make Nebraska's development more 'cer
tain. The new Irrigation law , If they nc
compllsh all that their ardent friends hope
lor , will transform western ami northern Ne
braska. Into one of the most productive agri
cultural regions of the country. The sugar
and chicory bounty bills will undoubtedly
greatly stimulate those Important Industrie !
nnd largely Increase the wealth of the state ,
to say nothing of offering lucrative Induce
ments to the fanners of the state to engage
moro extensively In diversified agriculture.
A number of bills calculated to enable the
farmers In the drouth stricken counties to
procure seed grain will also be considered Im-
irartant as they add greatly to the assurance
of a large yield of corn and small grains
during the ensuing year.
Of the general laws passed by the legis
lature but little need be said. A number of
good bills were adopted. The large majority
of the bills , however , simply propose amend
ments of a trivial character to existing laws.
The Hoc 1ms prepared nnd presents below a
classified synopsis of the new laws enacted.
It will be found convenient for reference.
Parties directly Interested In any particular
1)111 will , of course , secure complete copies ,
but the following synopsis \vlll furnish an In
telligent Idea of the character of the work
performed by the members of the twenty-
fourth session.
The session was liberal with state funds ,
the appropriations aggregating $2,792,122.68.
The aggregate was , however , swelled by the
appropriation of { 250,000 for fie relief of
the drouth sufferers. Even Including tills
amount , the total appropriations were $04,152
less than at the extravagant session of 1891.
'Ilio detailed appropriations are set forth In
the following statement :
Fuml. Amount.
ClaltiM * G' > .8XJO' !
Cmlnm M.7W31
Salaries 80S.075 00
Oimeral appropriations l,37"i,479 21
Mllfonl Soldiers' Home .x.OOO 00
library shelving- i'.UUO 00
Matriculation fees WM 80
Library catalogue GOO 00
Maximum rate case 21.GIS 7 , >
University 73,0.000
Kellof of Henry Loubs 80 40
Keller of William Wclse 57 GO
Hellef nf Dakota county 2.221 50
Penitentiary contract 35,001)01)
legislative expenses , olilcers , etc. . 85,000 00
Legislative i'xp.-ti8es. Incidentals. . 40,00010
ItcTk'f drouth sufferer * 50,00000
Procuring need and feed 200.00000 i )
Total $2.792.122 GS
Aside from the appropriation of $250,000 for
the relief of the drouth sufferers the legisla
ture enacted n number of laws calculated to
assist the farmers In seeding their fields for
ensuing season. One of these measures au
thorizes the county boards of the several
counties to use the surplus general , road and
brldgo funds In purchasing seed grain for
farmers who are unable to supply themselves
from their own resources. Another bill au
thorizes county commissioners to use the sur
plus of precinct bond funds for Ilio purpose
of buying grain for seed and feed. Still
another authorizes the counties to Invest the
Idle moneys in the sinking funds for seed
grain. Another provides a special form of a
seed grain note , thus facilitating the pur
chase of seed by farmers who do not wish
to accept aid from the counly or state.
The twelve proposed constitutional amend
ments are already familiar to the people of
the state. These amendments If adopted by a
majority of the electors voting at the general
election In 1890 will very materially strong hen
Uie present constitution of the state. They
relieve the present constitution of Its rigidity
and render It clastic enough to meet the re
quirements of the state for a quarter of a cen
tury to come. A brief epitome of these
amendments follows :
CONSTITUTIONAL AMENDMENTS.
Section C of article t provides that the right
of trial by Jury shall remain Inviolate , but
the legislature may provide that In civil
actions five-sixths of the Jury may render
the verdict , and the legislature may also
authorize trjal by a Jury of a less number
than twelveIn courts Inferior to the dis
trict court.
Section 1 of article v Is amended so us to
provide for the election of three railroad
commissioners.
Section 24 of article v provides that the
legislature , three-fifth of the members elected
to each house concurring , shall fix the sala
ries of the executive olilcers of the state.
'Section 26 of the same article gives the legis
lature authority to create new state officers
by a three-fourths vote of the members
elected to both houses.
Section 1 of article vl gives the legislature
authority to establish courts inferior to the
supreme courts but superior to the district
courts of the state.
T * J S ctlon 2 of article vl provides that the supreme
i
preme court shall consist of five Judges , awl
section 3 of the same article fixes their
term of ottlce at live years. Section 13 of
the same article- empowers the legislature , by
1 n. three-fifth vote , to fix the compensation of
judges of the supreme court , while section
11 gives the legislature authority to Increase
the number of judges not cftener than once
every four years.
Section 6 of article vil authorizes the use of
\0ilng machines at elections , providing that
the secrecy of the ballot bo maintained.
Section 9 of article vlll authorizes the In
vestment of the permanent school fund In the
United States or state securities , registered :
$ county or registered school district bonds of
this Unto , and confers upon the Hoard of
, Educational Lands and Funds authority to
sell from time to time any of the es
belonging to the permanent school fund and
reinvest the proceeds at a higher rate of
Interest whenever an opportunity for better
investment offers.
> An entirely now section Is added to article
xll , the new section providing- that the gov
ernment of any city of the metropolitan
class and the government of the county In
4v > which It Is located may be merged wholly
or In part when a proposition so to do has
been submitted by authority of law to the
voters of such city and county and received
the assent of a majority of the * votes cast In
such city , and also a majority of all the
votes cast In the ccunty exclusive * of those
cast In such metropolitan city at such elec
tion.
tion.The
The above amendment , as will be readily
recognized , Is one of great Importance to the
city of Omaha and to Douglas county , as Its
adoption will aid In the accomplishment of a
project which hat been received In both city
and. county with almost universal favor.
Another , and tea last of the tmendmenta
submitted to the people , Is calculated to
grustly stimulate the manufacturing Indus
tries of the state. It provides that no city ,
county , town , precinct , municipality , or other
subdivision of the state , shall erer make
donations to any works of Internal Improvement
men , or manufactory , unless a proposition
80 to I do Hiall have been first submitted to
the qualified electors and ratified by a two-
thirds vote at an election by authority of
law ; provided , that such donations of a
county , with the donations of such subdivisions
loin In the aggregate shall not exceed 10
per cent of the asiessed valuation of said
county ; provided further , that any city or
county may , by a three-fourths vote , Increase
such Indebtedness C per cent , In addition to
such 10 per cent , aud no bonds or evidences
of Indebtedness I * o Issued shall be valid tin- "
less the wmo ( halt have endorsed thereon a
certificate signed by the secretary of state ,
showing that the same Is Issued pursuant to
law
law.Tha
Tha above amendment enables cither town
ships ] or counties to veto bauds In aid of
manufacturing i Industries. The present con
stitutional provisions relating to the subject
doWOI not clearly Indicate that manufactories are
works of Internal Improvements. The limitation
tlat of the constitution has retarded the
Industrial growth of the state to a large
extent , and the proposed amendment , If
adopted , will certainly stimulate them.
It 1s to bo regretted that the legislature
did not agree to submit the proposed amend
ment giving to cities of the metropolitan
class the power to make their own charters ,
NEW IRRIGATION LAWS.
The Irrigation people seemed to get all
they asked for at the hands of the legisla
ture. Two bills drawn by men working
under the authority of a committee appointed
by the last Irrigation convention were Intro-
duccd and passed. Both were drawn by Sen
ator Akers and Introduced by him In the
senate and by Representative Meyers of
Drown county In the house.
One of the bills Is general In Its provisions
and provides for the appropriation , distribu
tion and use of water for Irrigating purposes ,
for the exemption of such works from tax
ation , for the appointment of a state board of
Irrigation , for the appropriation of the
streams of the state and for controlling the
distribution of water from such streams , for
the adjudication of the rights of those using
the water , etc.
The state Is by the new law divided Into
two water divisions. Water division No. 1
consists of alt the Irrigable lands of the
state drained by the Platte rivers and their
tributaries lying west of the mouth of the
Loup river , and also all other lands lying
smith of the I'latte and South Platte rivers
that may be watered from other superficial
or subterranean streams not tributary to said
Platte river.
Water division No. 2 consists of all the
Irrigable lands that may be watered from the
Loup , White. Nlobrara and Elkhorn rivers
and their tributaries , and all other Irrigable
lands not included In water division No. 1.
The law creates a State Board of Irrigation ,
to be composed of the governor , attorney gen
eral and commissioner of public lands and
buildings , the governor being ex-ofllcio presi
dent of the board.
At Its first meeting the board shall appoint
a secretary , who shall bo a hydraulic engl-
norr of theoretical knowledge and practical
skill and experience. The secretary shall re
ceive a salary of $2.000 per annum. There
shall also bo an assistant secretary , also a
practical engineer , at a salary not to exceed
$1.200 per year.
There shall also be an under secretary for
each of the two water divisions , who shall
see that the laws relative to the dlstrlbutlan
of water are executed In accordance with the
rights of priority of appropriation. The
under secretaries shall receive $5 per day for
the tlmo actually employed , but shall not re
ceive moro than $600 In any one year.
The secretary of the state board shall as
soon as practicable measure or cause to be
measured the quantity of water flowing1 In
the several streams of the state.
The state board shall at Its first meeting
make proper arrangements for beginning the
determination of the priorities of right to use
the public waters of the state , which deter
mination shall begin on streams most used
for irrigation , and be continued as rapidly
as practicable until all the. claims for appro
priation now on record shall have been ad
judicated.
Within thirty days It Is the duty of the
county clerk of each of the counties of the
state to prepare a full and complete tran
script of all the claims to appropriations of
water now on tile In their respective offices
and transmit the sains without delay to the
secretary of the State Hoard of Irrigation.
The county clerk may , IT ho so elects , trans
mit the original record of claims to water in
stead of a transcript.
Kvery person , association or corporation
hereafter intending to appropriate any of the
public waters of th : > state shall before com
mencing operations make an application to
the State Board of Irrigation , setting forth
the source from which said appropriation
shall be mad ? , the amount , as near as may
be , the location of the proposed work , the
time required for Its completion , and If for
Irrigation a description of the land to be
Irrigated and the amount. Upon receipt of
the application th ? state board shall give it
due examination , and If the water has not
already been appropriated and the applica
tion not otherwise detrimental to public wel
fare , It shall be granted.
A cubic foot of water per second shall be
the logil standard of measurement , both for
the purpose cf determining the now of water
In the natural streams and for the purpose
of distribution ; provided , that water hereto
fore sold by theminer's Inch shall continue
to be sold In that way. " Fifty miners' Inches
under a four-Inch pressure shall be deemed
equivalent to a cubic foot per second.
All persons , companies or associations de
sirous of constructing ditches , dams or res-
ervolrs for the purpose of storing water for
Irrigation or water power purposes shall b
entitled to condemn the right of way over
or through the lands of others.
The water of every natural stream not
heretofore appropriated within the state of
Nebraska Is declared to be the property of
the public , and Is dedicated to the use of
the people of the state subject to appropria
tions as heretofore provided.
Whenever any ditch or canal has been con
structed for the purpsso of conveying or
selling water for Irrigating purposes It shall
be unlawful to change the line of said ditcher
or canal fa as to Interfere with the use chef
water by any one who prior to the proposed
changs had used water
for Irrigating pur
poses from said ditch , and It is made the
duty of the owners of all canals to keep the
same In good repair and to cause the water
to flow through such ditch or canal to the
extent of Its capacity during the period be
tween April 15 and November 1 each year.
For failure to cause the water so to flow
the owners of the canal are made person
ally liable to any one for damages resulting
from such failure.
Any corporation or association organized
under the laws of this state for tlu purpose
of operating or constructing canals for Irriga
tion and water power purposes shall have
the power to borrow money and to go
their property and franchise In the ne
manner and for the sa-ne purpose as railroad
corporations.
Canal ) and other works constructed for
Irrigation or water power purposes , or th ,
arc declared to be works of Internal Improve
ments.
Nothing In tr-e act shall bo construed as
to Interfere with or Impair the right of
water appropriated and acquired prior to
the passing of this act.
Any person , company or corporation de
sirous of constructing and maintaining Iea
reservoir for the purpose of storing water
for Irrigation purposes shall have the right :
to take water from the natural streams cf
the state when not needed for Immediate
use for Irrigation or domestic purposes.
All ditches , canals , laterals or other works
used for Irrigation purposes shall be exempt
from taxation , whether state , county or mu
nicipal.
The second Irrigation bill to become a
law with the adjournment of the last legis
lature Is known as the district Irrigation
IKW , and does not In any way conflict with
the general Irrigation law already outlined ;
but , in fact , Is supplementary to that law ,
and both are evidently needed to throw all
needed legal safeguards around the develop
ment of the Irrigation systems of the state.
The law authorizes the creation of Irri
gating districts , to be composed of a part
of a county , all of a county , or of two or
more counties. These
Irrigating ditches are
simply larger subdivisions of the state gov
ernment and have very much the same pow >
ers and privileges that ore now given to
school districts. Bach district , when ed ,
i under the control of three commissioners ,
a ltd has a treasurer and an ascessor. Thtso
offlcer * are elected by a YOU of the people
llrlng In the district. The commissioner *
ar empowered to Issue bonds , when author *
lied so to do by a rote of the people ot the
district , tor the purpose of constructing nd
maintaining Irrigating ditches or for the
purchase of ditches or canals already con
structed. When these bonds are Issued the
assessor U required to assess the property
of the district , and the commissioners to
levy a tax based upon that assessment , far
the purpose of paying the principal and In-
terett of the bonds. The Irrigating canals
or ditches , when constructed or purchased ,
are to be managed by the commissioners ot
the district. The law Is an elaborate one
and contains full details tor Its operation.
AFFECTING THE BANKS.
The most elaborate law passed by the leg
islature was probably tlis new banking act.
The new law was proposed ID the house by
Sutton of Doughs and In the senate by
Wright of Lancaster. While It was enacted
Into law with little discussion In either house ,
It Is one of the most comprehensive laws
sent to the governor for his approval. It
takes the place entirely of all banking laws
now on the statute books , repeals entirely
the banking act of 18S9 , under which so much
progress has been made In the regulation of
binks , nnd contains many provisions entirely
new. Its Importance , will justify au in
tended synopsis of Its provisions.
A elate banking board Is created , consistIng -
Ing of the auditor of public accounts , state
treasurer and attorney general. The board Is
authorized to appoint a secretary and to keep
A seal.
All new banks established must first file
with the banking board a statement show
ing , first , the name of the proposed bank ;
Ingfirstthe name of the proposed banksecond ; ,
If Incorporated a certified copy of Its articles
of Incorporation ; third , the names of the Incorporators -
corporators , partners , firms or Individuals ;
fourth , the county , city , town or village In
which the proposed bank Is located ; filth ,
the nature of the proposed banking business ,
whether commercial or savings ; sixth , the
amount of paid up capital .stock. If the state
ment Is satisfactory the board will Issue a
charter authorizing It to commence business.
In addition to this provision , every bank
now doing business In Nebraska must within
sixty days file with the board a full and de
tailed report of Us condition , and to receive a
charter before continuing business.
All banks In the state must make four re
ports to the-board every year Instead of three ,
as under the old law.
A sllghtc hange Is made In the compensa
tion allowed the state bank examiners. The
old law provided that each bank should pay
for one examination per year , the cost to be
not less than $10 nor more than $20 , The
now law provides that the fee for an exam
ination shall be $15 for all banks with a
capital stock of $15,000 or less ; $20 for all
banks with a capital stock of more than $15-
000 and less than $50,000 ; for all banks hav
ing more than $50,000 and less than $150.000.
the fee will ba $25 ; and for banks having a
capital of more than $150,000 the fee will
bo $30. The examiners are to receive $2,000
per year and all
L necessary traveling ex
panses , to be paid out of the fees , and each
examiner Is required to give a bond for $50-
000 , to be approved by the governor.
Another small change Is made in the old
provision requiring a reserve of 15 per cpnt
of the aggregate deposits. The now law
provides that at least two-fifths of the 15 per
cent reserve shall be cash In the vaults. In
cities having a population of 25,000 or more
the reserve shall bo 20 per cent of the ag
gregate amount of deposits. The available
funds shall consist of cash on hand and
balances duo from solvent banks.
One of the new provisions Is to the follow
ing effect : No corporation conducting a
banking business shall make any loan or dis
count on the security of the shares of Its
own capital stock , nor bo the purchaser or
holder of any such shares , unless such se
curity or purchase shall be necessary to pre
vent loss upon a debt previously contracted
In good faith ; and stock so purchased or ac
quired shall be sold or disposed of at public
or private sale within six months. In de
fault thereof a receiver may be appointed
to close up the business of the bank. Pro
vided , that In no case shall the amount of
stock so held exceed 10 psr cent of tha paid
up capital of said bank.
Another new provision requires all banks
before declaring a dividend to carry one-
tenth of its net profits to the- surplus fund
until the eame shall amount to 20 per cent
of Its paid up capital stock.
The new provision In regard to real ectate
holdings is also both explicit and Important.
It Is aJ follows : " 'Any corporation transacting
a banking business in this state may pur
chase , hold and convey real estate for the
following purposes only : Such as Is neces
sary for convenient transaction of business ,
not exceeding In value one-third of th ° paid
up capital ; such as MiaU be conveyed to it
for debts due the bank , and such as It shall
purchase at sale under judgment or decre ?
upon Its securities , but the bank at such
sale shall not bid a larger amount than to
satisfy Its debt. " Heal estate thus acquired
may be held no longer than three years ,
when It must be sold at public or private
sale.
Another Important provision defines the
powers of the examiners in certain canes.
When an examiner has taken possession of a
bank which has become Insolvent , he Is given
full power and authority to hold
and retain possession of all the
money , rights , credits , assets and
property of every description belonging to
such bank as against any mesne or final process -
cess issued by any court until the Stair.
Banking Board can receive and act upon the
report made by the examiner nnd have a re
ceiver appointed.
No partnership , firm or Individual trans
acting a banking business In this state Is
permitted to carry any note or obligation of
such partnership , firm or Individual as
part of the assets of the bank. any
Kvery stockholder In any banking
corpo
ration shall be liable
to the creditors of the
bank for an amount equal to the par value of
the stock so held. Stringent provisions
are
made to prevent the transfer
of the ttock of
an Insolvent bank , and the original holder Is
liable to the full amount , even If he has
transferred his stock after he is aware that
the bank Is Insolvent.
Receivers for Insolvent banks
are to be
appointed by Judges of the district courts
Instead of by the supreme
court , and all
pending case * relating- insolvent banks now
under control of the
supreme court
are transferred -
ferred to the district courts.
Another law signed by the governor was
Incorporated In a bill Introduced first In the
house by Hinds of Gage county. It provides
as follows :
The president and cashier , or the business
manager , of every Institution transacting a
banking business shall causeto be kept at
all times a full and correct list of the names
and residences of all the shareholders In
the association , the number of shares held
by each and the
amount of paid up capital
represented by the shares held by each
mem
ber. Such list shall be subject to theinspec
tion of all shareholders and
creditors of the
lee
association during the business hours of each
day on which business may be legally trans
acted. Such list shall be kept In the office
of the association where Its business Is trans
acted and where all shareholders and credi
tors of the association
may have ready
ac
e-
cess to It.
AFFECTING OLEOMARGARINE.
The two bills affecting the manufacture
and sale of
oleomargarine
were the occasion
of one of the most hotly contested battles of
the session. The legislature early In Its de
liberations passed senate file No. 78 , Intro
duced by Senator Sloan of Flllmore county
The same bill had been Introduced In the
house by Representative
Uurch of Gage
county , but as the senate file was passed
first It was substituted In the house for
Burch's bill. The law was drafted by a
committee appointed at the last meeting of
the State '
Dairymen's association
, and was
as drastic In Its provisions as It could
pos
sibly be made. It practically prohibited the
manufacture of oleomargarine or other form
of Immltatlon butter , and because of this
fact It aimed a blow at one of Nebraska's
prominent Industries. It was this fact tnat
brought on the hotly ,
contested battle , which
continued during the entire latter half of the
session.
The law as It has been signed by the
gov
ernor contains the following essential vo
- ' pro-
visions :
The manufacturers of Imitation butter are
not permitted to color It for the purpose of
Imparting to It a yellow shade so that It
will resemble genuine butter. They are not
allowed to ure butter or
cream In the
manu
facture of Imitation butter , but must make
the Immltatlon butter entirely out of animal
fats or vegetable oils , or a combination be
tween the two. Every package containing
Imitation butter must be plainly marked to
that effect. All railroads
and common
car
riers are prohibited from transporting irh. l
tation butter unless It Is shipped as such. :
No one , Is allowed to sell Imitation butter
union the purchaser If Informed as to the
true character of w'fMl he Is buying. AU
hotels , restaurant ! , boarding houses using
Imitation butter ar \ , rapnlrcd to post con-
splcuously at each table * , . sign bearing the
words "Imitation butter1'Used here. " Heavy
penalties are prorldiM tor the violation of
the act. , , t
Governor Holcomb signed the above bill
under protest , but rebbhimenJed to the legis
lature an amendment ) which would permit
the manufacturers , of , oleomargarine or Imi
tation butter to color their product In Imi
tation of creamery tourter , providing that all
oleomargarine so colored i should be > sold only
In other states. .The legislature finally
adopted the governor recommendations after
a struggle. By the passage of the governor's
bill the manufacturers.f ) oleomargartlio at
South Omaha are not ctjuipelled to close down
their works , as they undoubtedly would have
been compelled to do hail the exception In
their favor not been miule.
OMAHA'S CANAL , BILL.
The so-called "Omaha canal bill" had a
comparatively easy time of It during the
legislative session. It became a law without
the anticipated opposition from the friends
of Irrigation , who wcre > at first Inclined to
believe that the proposed canal , should It
ever be built , might Interfere with the water
supply In many ditches In the northern part
ot the state. The bill was Introduced by
Senator Bressler of Wayne county , and makes
every provision for the county ownership of
canals for Irrigation , navigation , water ,
power and other purposes , Including the gene-
crating of electric and other power and
transmitting the same for light , heat , power
and other purposes. Under the law any
county In the state Is authorized to Issue
bonds not to exceed 10 per cent of the as
sessed valuation of the county for the pur
pose of constructing a canal tor Irrigation ,
water , power or other purposes. In order to
submit a proposition to the people , a petition
signed by at least COO legal voters must first
bo presented to the county commissioners.
It the Issue of bonds Is authorized It Is then
made the * duty of the commissioners to at
once notify the district judges , whereupon
the Judges shall appoint a board of
five trustees , one of whom shall be an ex
perienced civil engineer. One of the trustees
shall be appointed for one year , one for two
years , ono for three years , ono for four
years and one for five years from the 1st
day of July Immediately following their ap
pointment. At the expiration of the term of
any one of the trustees the judges shall
appoint or rcappolnt a member of the board.
This board of canal trustees Is to have en
tire control over the construction of the
canal and Us management after It Is com
pleted. It Is authorized to make preliminary
surveys , acquire right of way and other
lands necessary for Its purpose , construct
the canal , dispose of the water power , elec
tric , pneumatic , hydraulic or other power
generated by such water power , operate a
line of boats or grant the right to other
parties. In fact , the trustees are vested I
with the entire management of the canal I
enterprise , subject to the restrictions of the
act.
MUNICIPAL AFFAIHS.
The general law governing cities of the
first class having more than 8,000 and less
than 25,000 population has been altered and
amended In many particulars , although few
radical changes are made. In regard to the
provisions ot the old law relating to claims ,
the new law provides that all claims against
the city must be presented In writing with
the fuil amount of the Items verified by the
oath of the claimant , or his agent. Tin- Im
portant change in this section ( No. 38) ) . Is
that while the old law provides that action
against the city for damages must be brought
within six months from jho date the alleged
Injury Is sustained , the new law limits the
tlmo to twenty days' . It'is also provided in
the new law that alliclnlruants for Injuries to
the perron siall [ be subjected at any time tea
a personal examination by the city physician
and such other physician' as the city physi
cian may Indicate , or ; by either of such physl-
clana , for the purpose of determining the
character and extent of Iho Injury. Failure
to submit to such examination prohibits the
maintenance ot any , action against the city
for damages. Section 40 of tha old law Is
materially modified with regard to the pro
visions for the equalization of assessments.
Subdivision 15 of section pS Is amended no ns
to permit municipal ownership of gas or elec-
trlo light works and'to'authorize an Tssub of
bonds opt to exceed JEO',000 for the purpose
of constructing surh works. Subdivision 21
of the seme section authorizes such cities to
issue bonds In any amount not to exceeJ $7C-
000 for the purchase and maintenance of
grounds for public parks.
Of Interest to metropolitan cities Is the new
law governing the fire and police systems
under the ? control ot the Board of Fire and
Police commissioners. The old law provided
for a board of five commissioners with the
mayor , ex officlo , one of the number , nnd
the other four to be appointed by the gov
ernor. The new law reduced the number of
commissioners to three and vests their ap
pointment in the hands of a state board con
sisting of the governor , commissioner of pub
lic lands andi buildings and attorney general.
The mayor Is deprived of his membership.
The new low provides for the appointment of
an entirely new commission , but as the emer
gency clause was not added to the bill the
law will not go Into effect until August 1 .
Another new bill relating to metropolitan
cities and cities of the first class , provides
for a pension for members of paid fire de
partments after a continuous service of
twenty-one years , and for the widows and
orphans of firemen who lose their lives while
In the line of duty , and a pension to mem
bers of paid fire departments who shall become ! -
come totally disabled while In the line of
their duty. After
twenty-one years of con '
tinuous service the fireman shall be entitled
to a pension ot 20 per cent of the- salary
he received at the time he was retired.
The same rate applies to widows and or
phans of firemen killed whileon duty and
to firemen who are totally disabled while
performing their duties ,
Subdivision 14 of section 2,892 of the
Consolidated Statutes Is amended so as to
read as fellows :
To make contracts with and authorize any
person , company or association to erect and
maintain gas or electric light works In uald
city , and give such
person , company or asso
ciation the exclusive privilege of furnishing
gas or electric lights to light the streets
and alleys of said city for any length of
tlmo not exceeding twenty-one years , and to
levy a tax not exceeding G mills on the dollar
In any one year for the purpose ot paying
the costs of lighting the streets , lanes and
alleys of said city.
The new portion of the law simply adds
electric lights to ho section.
By act of the legislature all the proclama
tions , acts , doings and proceedings of the
governor and all proceedings of the several
cities which have heretofore been declared
and have been proclaimed cities of the first
class , under chapter 8 of tha laws of 1891 ,
approved April 9 , 1S91 , are legalized and
rendered of full force and effect. The law
was made necessary for the reason that the
supreme court last' November had declared
the original law pnssad. In 1891 technically
unconstitutional. The defects of the law
were remedied by th's re-cent legislature-
the proceedings under 111'old law legalized.
Cities of tlie second , .class having a popu
lation of 1,000 to 5,000 are affected by an
amendment to subdivision 2 of section 2,8,18
cf the Consolidated ; Statutes , which adds to
the section as It at present exists a provision
empowering such cities to create and estab
lish a board of hea'ltli ; to consist of the
mayor , who shall be chairman , the city physl-
clan , who shall be secretary , the prestdont
of the city council an'd marshal of the city.
\ majority of the ibiard shall constitute a
quorum to enact ordinances for the enforce
ment of all rules , regulations and orders of
the board and to prirvlde fines and punish
ment for the vlolaUdn thereof.
A law passed for the benefit of Otoe county
declares that In counties having more than
25,000 Inhabitants all'-JallX'so constructed that
the floors of the cells are below the surface
ot the ground are to. bo condemned as
nuisances , and In such case the county shall
at once proceed to the erection of a new
jail. The law was passed In order to author
ize Otoe county to construct a new Jail. irfo
other county In the state Is affected by the
law.
Hereafter In cities and villages whose cor
porate limits form In whole or in part more
than one school district , all moneys derived
from fines and penalties and licenses shall
be apportioned to these school districts In
proportion to the number of children ot tchol
age residing In each district Included in
whole or In part In said corporate limits
according to the school census token last
before such apportionment.
In cities of tha first class having less than
25,000 Inhabitants , In cltlea of the second
class and In villages , the authorities are
empowered by a new law to pay to volunteer
firemen Injured while In the line of their
duty a. sum of not more than $10 per week |
nor less than $2 per week during th time
of euch disability , provided that no ono fire
man shall recelro more than $200 for each
Injury so received.
An amendment to section J.SG8 of the Con
solidated Statutes enables village * to appoint
n board of health of three members , one of
whom shall be a physician. The board shall
enforce quarantine lawg and health ordi
nances and shall have Jurisdiction to enforce
the same within three miles of the village
limits.
Under the provisions of ono of the new
laws enacted by the last legislature muni
cipal authorities ot cities ot the first class
having less than 25,000 Inhabitants and cltle *
of the second class are authorized to enact
ordinances Imposing a special tax on Insur
ance companies for the support and main
tenance of volunteer lire departments , Tlie
tax cannot exceed $5 per annum.
Cities of the second class owning their own
water works , are empowered to issue bonds
not to exceed 5 per cent of the assessed valu
ation ot such cities for the purpose of ex
tending , enlarging or Improving such system
of water works.
CRIMINAL , CODE.
sts
bo
tlo
wl
pounded and prescriptions filled , without
first obtaining n certificate as a pharmacist
as now required by law. An exception Is
made In the cases of regular physicians. A
violation of the new law will render the per
son liable to a fine ot $200.
Ono j of the bills so urgently demanded by
tin cattle Interests of the state provides that
It any person shall steal any cow , bull or
calf or buy any such animal thnt has been
stolen , knowing the same to have been stolen ,
with intent by such buying or receiving to
defraud the owner , or If any person shall
conceal any cattle thief or any cow , bull or
calf , knowing the same to have been stolen ,
every such person shall upon conviction be
Imprisoned In the penitentiary not less tnan
one or more than ten years.
Section 03 of chapter vlll of the criminal
Imposed for burglary committed In the night
time. In both cases the penalty Is Impris
onment In the penitentiary for not moro thnn
five years nor less than one year , or a fine
not exceeding $500 and Imprisonment In the
county jail not exceeding six months , at the
discretion of the court.
The age of consent bill raises the ag * ot
consent In females to 18 years , nnd any person
having carnal knowledge of a female under
18 years of age Is deemed guilty of rape , un
less It shall have been established that such
female person Is notoriously unchaste anil
over 15 years of age.
Under the provisions of the antl-clgfre'to '
bill It Is made unlawful for any person to
sell or give away to nny person under fie
age of 21 years , any cigarette.
One of the new laws makes It a misdemeanor
meaner for any person not entitled to do so
to wear the badge known ns the fireman's
national button , which has been adopted by
the firemen of the United States , or to lisa
the button to obtain aid or assistance within
the state. The Infraction of the law may be
punished by Imprisonment for thirty days or
by a fine of not more than $20.
NEW SCHOOL LAWS.
The school law has been further extended
by the enactment of a new law providing for
free attendance at public High schools. The
new law authorizes the state superintendent
of public Instruction to designate annually
a number of High schools to be known as
public High schools. These High schools 50
designated shall be open to the free attend
ance of all persons of school age , whether
they reside In the district where such school
Is situated or not. Such pupil must have a
certificate from the county superintendent
of his county to the effect that ho haa com
pleted the common school course.
Under the provision of a new section added
to the. school laws children living more
than a mile and a half from the school house
In their district and at least a half mile
nearer a school house In another district , may
attend school In the nearest district Instead
of their own. In order to pay the expense
the county clerk Is required to Hat the
property of the ; parent or guardian In the
school district attended by the child Instead
of the district in which he lives.
Section 3,513 of the Consolidated Statutes ,
relating to the school law , has been amended
by the addition of the following provision
to the seventh subdivision : "No district shall
be formed extending more than six miles In
nny one direction upon Eeetlon lines , and
whenever any district now existing extends
moro than six miles In nny one direction
upon section lines the county superintendent
shall have discretionary power to divide such
district without petition. "
In the future children confined in the poorhouses -
houses of the state are 'to bo educated at the
expense of the county In which they * ro
confined. The county board Is required to
make arrangement with the officers of the
school district wherein the poorliouse Is lo
cated , or with some district adjoining , for
the children In the poor house to at
tend school , receive text books and Instruc
tions , the expense to be paid out of the gen
eral fund of the county.
Foreign corporations organized under the
laws of other states are permitted to main
tain Institutions of learning In this stale of
the grade of a college or university , to Issue
diplomas and. to confer degrees , under the
provisions ot a new law added to the statutes
by the last legislature.
ELECTION LAWS MODIFIED.
Many bills were Introduced during the
session to modify the election laws ; but only
one of Importance succeeded In running the
gauntlet. The most Important bill affecting
the election laws was the ono Introduced by
Cross of Jefferson. It does away with the
confusion occasioned by the designation on
the official ballots of candidates as "repub
lican by petition" or "democrat by petition"
as the case may be. The new law provides
that when a candidate goes on the ballot by
petition hlR name shall be printed In Its
proper place and shall be followed only by
the words "by petition , " and shall not be
followed by any party designation by virtue
of such nomination.
The registration laws for cities of the
metropolitan , first and second class has teen
amended so as to provide that supervisors
of registration shall bo appointed for each
ward instead of for each voting precinct.
The law as amended Is found In section 2 ,
chapter Ixxvl of the Compiled Statutes. In
tha section Insert the word "word" wher
ever the words "election precinct" occurs.
Otherwise there Is no change In the law.
Section 1 of chapter Ixxvl of the Compiled
Statutes has bc-en amended so as to provide
for registration of voters only In cities of
the metropolitan class , of the first class and
of the second class having a population of
7.000 or more. The present law requires
registration of voters In all cities having
a population of 2,500 or more.
COUNTY OFFICES.
Clerk ot the district court must In the
future keep an Incumbranco book ns one ot
the records of his office , In which book the
fclierlft shall enter a statement of the levy
of each attachment or execution on real es
tate. No levy of attachment or execution
shall be notice to a subsequent vendee or
Incumbrancer In gocd faith unless the sheriff
shall have entered In the Incumbrance book
a statement showing that the land , describ
ing It , has been so attached or levied upon ,
the cause In which It was attached and when
It was done. Such book shall be open , as
other books kept by the clerk , to public In
spection.
Under a law Introduced In the senate by
Crane of Douglas and pasred by both branches
of the legislature the county boards In all
counties having moro than 70,000 Inhab
itants may employ additional counsel to
assist the county attorney In civil matters
In which such counties are Interested cither
as plaintiff or defendant. Such attorneys so
employed shall receive such compensation as
the county boards may agree upon.
In counties having over 125,000 Inhabitants
each bailiff of the district court shall be ap
pointed to servo one year from the time of
his appointment , unless sooner removed by
the court , and shall receive for his ealary
$900 per annum , to bo paid monthly by the
county.
DECEDENTS' ESTATES.
An Important enactment of the last legis
lature was one to correct the Illegal features
cf chapter 23 , section clxxvl , of the Com
piled Statutes. The supreme court has pro
nounced the section unconstitutional end
void , whereupon , at the Instance of Senator
Sloan of Flllmoro county , the legislature
passed the following ;
Whereas , Numerous estates have en
settled under and by the provisions of Id
act ot the legislature prior to the tlm ? that
the tame was declared unconstitutional and
void by the miprtmo court , now. therefore ,
all judgments , decrees and findings { hat
hava been made by ny court In the state
of Nebraska under glut by virtue of the pro
visions of the said act , pertaining to any
estate ot any deceased person , bo and the
same Is hereby legalised and mada valid to
the MHO extent and to the * name purpose as
though said act had not been adjudged uncvu *
stltutlmiil ; by the supreme court.
Section 1,390 ot Cobboy's Consolidated
Statutes , referring to decedent's estate * , has
been amended so as to re.id as follows :
Section 1,300. The county Judge may ,
upon a prop-er thawing by petition , tupported
by competent tcstlnicn'y. showing that the
best Interests of the estate demand It , grant
authority to tl > executors or admlnlsrators
of estates and guardians of the estates of
minors. Insane persons , feeble minded and
spendthrifts , to mortgage * any real estate be
longing to such estates where mortgages ex
isting on such renl estate nre due , or about
to become due * , and there Is no money be
longing to such estate with which to pay
or redeem such mortgage ; provided , that In
no Instance shall authority be granted by
such county Judge to such executors , adiuln-
Istrntois or guardians to mortgage such real
estate for a grraler sum than the amount
secured by the original mortgage.
FOR ATTORNEYS ONLY.
The Nebraska attorneys of the future must
apply for admission to the bar to the su-
In a bill Introduced by Watson ot Otoe county ,
requiring nil candidates for admission to the
bar to bo examined either by the supreme
court or by a commission appointed by the
supreme court. The supreme court Is to fix
regular stated times when examinations shall
take place , and proscribe1 and publish rules
to govern such examinations. No person
shall be admitted to practice unless having
first regularly and attentively studied law In
the oflico of n practicing attorney for the
period of two years , nnd shall pass a satis
factory examination In the principles cf com
mon law , or Is a graduate of the college of
law of the Nebraska State university. Is 21
years of ago and shown to the court to be a
person of good moral character.
CIVIL CODK MODIFIED.
Section 311 of the code of civil procedure
Is amended by the addition of the following
proviso : "Provided , that nny person or olll-
cer , or the presiding officer of nny board cr
tribunal before whom any proceeding may be
had , slMll , on request of nny party thereto ,
settle , sign and allow a bill of exceptions ot
nil the evidence offered or given on the hearIng -
Ing of such proceeding. "
Sections 490. 510 and 1,067 of the code of
civil procedure have been amended so as to
provide , in addition to the present require
ments ot the law , that all goods and chattels
sold under execution must first bo appraised
by two residents of the township , precinct or
ward where said goods are seized. No other
changes In the existing law are made.
OF INTKHKST TO DENTISTS.
An entirely new law regulating the prac-
tlco of dentistry In Nebraska will go Into
effect this year. It Is very similar to the
la already upon the Btntuto books regulat
In the practice ) of meidlcine , and Its enforce
InHi is entrusted to the State Board of
Health.
Three secretaries are to bo appointed
from a list recommended by the State Dental
society. It Is the duty of all persons engaged
in the practice of dentistry In Nebraska and
desiring ] to continue- the same to make appli
cation to the secretaries for a certificate
within six months. In order to be entitled
to a certificate the person applying for the
same must present a diploma Issued from a
reputable dental college or must stand nn ex
amination as to his or her knowledge of the
science of dentistry. Nothing In the act
shall bo so construed ns to prevent physi
cians or surgeons from extracting teeth , and
bona fide students of dentistry are permitted
supervision of their superior. All graduates
from dental colleges receiving a certificate
must pay a tea ot $2. All dentists who have
to stand on examination before receiving
their certificates must pay a fee of $10.
PROBATE COURTS.
The Irregularities occasioned by the pres
ent defective provisions relating to the records
ot the probate courts are corrected In a bill
Introduced In the senate by Crane of Doug
las. The law amended Is found In section
1,106 of the Consolidated Statutes , or in sec
tion 32 , chapter xx , of Wheeler's Compiled
Statutes. The now law reads as follows :
"The probate books shall consist of a pro
bate record and fee book , which shall be kept
ns follows : 1. The probate record shall a
contain a full record of all wills , testaments
and codicils , and the probate thereof , all
letters testamentary of administration and
guardianship and all bonds and oaths of
executors , guardians and administrators ; all
Inventories , appraisements , sale bills nnd
other exhibits and reports received by the
court relative to the settlement or disposition
of estates , showing the amount of all estates
us shown by such Instruments , together with
a full record of all orders , Judgments and
proceedings of said court , with the dates of
each paper lllcd or entry made ; and a full
record of all determinations of the district
or supreme court upon appeal or petition In
error , from tin order or Judgment of said
court. Evidence shall not be recorded. All
original papers shall be filed and preserved In
the court. 2. The fee book shall contain an
entry of all probate proceedings and the date
each paper Is Issued or filed , and the date
of all orders and judgments entered therein ,
together with an exact account of all fees
allowed and paid In each proceeding , show
ing the names of the persons receiving the
same and for what such foes were paid.
Provided , that all records heretofore made
under the authority of this section , and .
which have been made in nny one of the
books heretofore provided for by this sec
tion , but not In the proper book , shall bo ns
legal and valid , and shall have the same a .
legal and valid and shall have the same |
force and effect as If made In the propar I
book. "
LITTLE AGAINST RAILROADS.
The railroads escaped scott free fron any
legislation affecting their Interests adversely.
The one principal bill passed Into law really
favors the railroads , It repeals entirely
sections 104 f , 104 g. 104 h , 104 I , 104 J , 104 k
of chapter xvl of the Compiled Statutes , or
sections EGG to 571 , Inclusive , of the Consol
idated statutes , and substitutes an entirely
new law. The old law required all railroads
doing business In Nebraska to equip their
cars and engines with automatic couplers on
or before January 1 , 1895. The railroads did
not comply with the law and the legisla
ture , under the pretense of making tha state
law Identical with the national law , extended
the time until January 1 , 189S. Tha new a
law provides that on and after the 1st day of
January , 1898 , It shall be unlawful for any
corportaion , company or person operating any
line of railroad In this state , any car manu
facturer or transportation company using or
leasing cars to put In use In this state any
car or cars that are not equipped with safety
or automatic couplers or draw bars , such us
shall not necessitate the going botwcen the
ends of such cars to couple or uncouple them.
A new law placed on the statute books re
lates to contracts for the conditional sale ,
lease or hire ot railroad and street railway
equipment nnd rolling stock. It permits rail
road companies to purchase rolling stock on
tlmo or to lease such rolling stock. Instead
of requiring a copy of the contract to bo
filed with the county clerk of every county
through which the road passes the now law
makes It sufficient for the contract to ba filed
with the secretary of state. The law amends
sections 1 and 2 of t'le act approved February
27 , 1879 , so far as the same relates to con
tracts of the kind specified In this act and
repeals all other acts Inconsistent.
NE\V GAME LAW.
Tlio game laws were further Increased by
of Mongolian pheasants , Introduced by Senator
Hahn of Adams. The bill Is designed to pro
tect tlieie game birds from the rapacity of
the sportsman until such time as they can
ba thoroughly domesticated In the state.
Tha law mokes It unlawful for any person to Is
tdke , kill , expose or offer for sale or liavo In
his possession , except for breeding purposes ,
any rlngneck Mongolian pheasant , any green
Japanese pheasant , any copper pheasant , or
acholmcrlngn , any tragopan pheasant , u I Ivor
or golden pheasant , being the species Im
ported Into this country by Hon. 0. N. Denny ,
exq-Unltod States consul general to Shanghai ,
China. The law Is to be In full force and
effect for lx years. M
BENEFIT ASSOCIATIONS.
A new law under the Insurance department
provides for the organization and operation
of mutual benefit associations. Such com
panies must file articles of Incorporation with
the auditor and attorney general for approval , ot
No agent shall solicit applications for any
assessment association until tlie association of
haa received a certificate from the auditor
authorizing If to transact buslnews. No asso
ciation shall Issue a certificate of membership
to any ixsison under 15 or over CO ycara ot
( IRC. iti'peirti must be nied with the auditor
fll the close of each calendar year. Nothing
In the act U to bo construed n to Rpply to
any fcecrct fraternal coclcly nor any ansocla-
tlon orgMilxeil solely for bonovolcul purpose *
and composed wholly of members of any
ono occupation , guild , profcsjlon or religious
denomination.
TOWNSHIP ORGANIZATION1.
Th new law governing counties under town
ship organization In ono of the in out Impor
tant enacted by the recent legislature. The
d law provided that In counties under town-
lip organization each product tlmll , bo on-
tied to one supervisor. The new law pro-
dea that when a county now governed under
10 commissioner system wishes to change
> the supervisor system the matter shall ba
ibmltted to a vote * of the people living In
10 county. If the proposition U adopted the
mimlsslonrrs must at once proceed tu divide
10 county Into supervisors' districts not tu
xcccd seven In number. In counties already
ulcr the tupervlsor system a rptclal nossloti
T the Board ot Supervisors must be cirllfd
Ithln thirty days nnd ttio county divided
ito supervisors' districts. The supct visors
ow serving shall cait lots among themselves
determine which members uf the board
lall retire. In other respects the law Is un
hanged save only In those | Kirtlculnrs In
hlch changes nro made necessary by the rc-
iicllon In the number of supervisors ,
Another hw relating to the sa-nc subject pro-
Idiu that whenever a petition for a siibniU-
on of the question ot the1 discontinuance nt
nwnshlp org.inlzntlon signed by not less than
0 per cent of the electors of the county shall
0 filed In the ofilco of the county clerk not
ss than thirty days before a general election ,
shall be the duty of the county clerk to
iuso so hi question to be submitted to the
otcrs at iueh election.
COUNTY WAHIIANTS.
Hereafter Idle moneys In the hands ot
ounty treasurers of the several counties of
ID state and belonging to the- sinking funds
ro to be Invested In registered county war-
mis , providing that no more than. 50 per
ent of any ono sinking fund shall be so In-
csted at any one time. Tlie Investments'
ro to be made under regulations prescribed
y the county hoards. Another provision of
10 same law makes It apply te > cities and
cliool districts.
Two slight amendments have been made
1 sections 1 anil 2 of chapter 93 of tht > corn-
led sMtutej , relating to warrants. The old
iw refers In these two sections to the war-
ants of the state , county or municipal cor-
wratlons. The new law refers to the war-
ants of the state , county , city , school dls-
rict or other public corporation. The ob-
ct of the- law Is to provide for the reglstra-
on of school district warrants.
MAY BUILD BRIDGES.
Counties bordering upon the Missouri river
ro authorized , under ono of the new laws
f the slate to vote bonds to aid In the con
duction of a highway wagon toll brldgo
cross that river. Whenever It Is deemed
cslrablo to assist In ( he construction ot such
bridge any county , township , precinct , city
r village bordering on the Missouri river
lay Issue bonds to an amount not to exceed
0 per cent of the assessed valuation. The
iw was passsfd especially fnr the benefit of
ho proposed wagon bridge across the Mls-
ourl to connect South Sioux City , Neb. , with
loux City , la. , although It Is applicable to
11 counties along the river.
FOR RUSSIAN THISTLES.
An entirely new law on the statute books
s the one to provide for the destruction of the
lusslan thistle. The law makes It the duty
f every owner , lessee or occupant of any
ind In the state to cut down and destroy all
tusslan thistles growing thereon or In the
IgliwayR adjoining the same , so often as to
revent their going to seed. Each road over-
eer must notify the land occupants In his
Istrlct to cut down the weeds and If the
ccupant falls to do so In ten days the over-
ecr must cause It to bo done and the cx-
enso taxed up to the occupant , the cost to
emaln a lien upon the land until paid back
o the county.
GUARANTEE BONDS.
Ono of the Important laws enacted by the
ist legislature nulliorl/.es state , county , munl-
Ipal and precinct officers to furnish a guar-
ntee bond In lieu of the personal bond signed
> y private parties ns Is now required by law.
The law was proposed by Senator McKesson
f Lancaster county. Any guarantee or sc-
, urlty company desiring to engage In the
luslnoss of furnishing such bonds for state ,
Bounty or municipal olilcers must have n
Kildup capital of not less than $250,000. It
mist file with tin- auditor of public accounts
writing ; iipolntlng | the auditor Its true and
awful attorney upon whom must be served
all lawful process against It nnd authorizing
ilm to acknowledge service In Us behalf In
iny suit arising against It In any court of
ho state.
MISCELLANEOUS LAWS.
By the passage of two bills , ono Introduced
n the house and the other In the senate , the
eglsluture reduced the Interest on state war
rants from 7 per cent to 5 per cent per
annum. The bill Introduced In the house
nnd signed by the governor contained the
mcrgency clause and has already gone Into
effect.
Supplies for the legislature In the future
mist bo purchased by the Board of Public
: .ands nnd Buildings Instead of by the secre-
ury of state as has been the practice for
years past. The board IR required to ad-
rertlso for bids sixty days before the leglslti-
uro convenes and the supplies are to bo
Hirchnsed from the lowest bidder.
Under the new laws a legal newspaper for
ho publication of official notices must have
been published for nt least fifty-two con
secutive weeks nnd have a bona fide clrcula-
.lon of at least 200 copies. The act does not
apply to counties wherein but ono newspaper
s published.
Under the provisions of n now enactment
uniform system of vouchers must ba uscil
for all disbursement of state's funds through
the auditing and treasury departments of the
state.
The law passed by the legislature two
years ago , creating the supreme court com-
nlrslon for a term of three years , was reenacted -
enacted , thus extending the life of that com
mission three yearn longer.
A now state Institution Is provided for by
the establishment of a branch soldiers' homo
at Mllford. The hornet Is to bo located In the
well known Mllford sanitarium , which Is to
be given to the utato free of rental for two
years. After the expiration uf two years the
state haa the privilege of leasing the build
ings and grounds for eight years longer at an
annual rental of $800. Or the state may
purchase the buildings and grounds It It so
elects.
By the provisions of a now law , whenever
number of constitutional amendments are
to be submitted to a vote of the people for
their approval or rejection , they may alt bo
printed upon ono ballot , and the voter , If hose
so deslros , may vote for all or against all of
them nt once or singly , If ho so prefers. The
purpose ot the law IB to facilitate the adop
tion ot the new amendments to be submitted
nt the general election In 189G ,
One of the new laws gives to counties In.
this state , to submit to a vote of the people , a
proposition to vote a special annual tax for
the purpose ot rasing funds with which to
erect new court houses nnd other county
buildings. The tax must not exceed 5 mills
on the dollar valuation of the taxable prop
erty In said county and must not bo levied
for more than five years.
Section 3821 of the Consolidated Statutes
have been slightly amended. Under the
present law purchasers ot educational lands
from the state may pay for the same at any
time during the year , providing that the In
terest U paid up to this 1st day ot January
next ensuing. The new law removes the
latter restriction nnd only requires the In
terest to be paid up to the time ot the pay
ment of the principal.
NESV PI3NITENTIAUY LAV/ .
The new law for the government of ths
stale p nltentlary. passed on the last night
ot the session and signed by the. governor
since the final adjournment of the legislature.
likely to ba the source of a great deal of
contention. At present the penitentiary Is
nominally under the- control of the Board of
Public Lands and Buildings , but tt practically
managed by a private citizen. Under th
law the penitentiary lias always been leased
and the state has paid the Icaseo 40 cents per
day for the board and maintenance of each
convict. The original lease was given to W.
H. II , Stout and by him transferred to 0. W.
oa tier. The legislature extended Mother's
l-aso and he In turn traniferred It to W. II.
Dorgan , the present holder. The new law
annuls Dorgan's pretended lease * , appropri
ates $35,000 with which to purchase Dorgan'a
property , repeals the law requiring the Irase
the penitentiary and requires ( ha Board ot
Public Lands and Bulldlngi to asaume control
the Institution and authorlzea It to leasa
the labor of' the convict * tor a. term not to
extend beyond the closa of the next regular
session of the legislature.