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taxation.

SEC. 12. It shall be the duty of the supervisor or assessor Exempt from to personally examine the various private reservations when the real estate is assessed for taxation, and to note upon his return the condition of the trees, and that same are properly planted and continuously cared for in order that the intent of this act may be complied with. If the said private reservation is properly planted and continuously cared for such part of its value as is over and above one dollar per acre shall be exempt from all taxation: Provided, When any Proviso, timowner of a forest reservation provided for in this act shall ber license. desire to cut and harvest trees in said reservation, he shall notify the tax assessor of his district of his said intention, whereupon the said assessor shall before the cutting thereof, estimate the cash value of the timber on the stump so to be cut and harvested, and shall issue a license to cut and remove said timber, which license shall be in effect upon payment to the collector of taxes of the district of a fee of five per cent of such appraised valuation. The assessor shall notify the clerk and the tax collector of his district of the issuance of such license. If any such timber is cut or removed without payment of such license fee, it shall be the duty of the tax collector to levy upon such timber for collection of such license fee in the manner provided by law for collection of personal taxes. Sections six and seven of this act shall govern the cutting and replanting of trees under this provision.

Approved April 25, 1911.

[No. 136.]

AN ACT to provide for the placing of a statue of the Honorable Zachariah Chandler in the representative gallery of the illustrious Americans at the national capitol; to provide for the appointment of a commission to carry into effect the provisions of this act; and to make an appropriation therefor.

The People of the State of Michigan enact:

SECTION 1. The sum of fifteen thousand dollars is hereby Appropriation appropriated out of any money in the treasury not otherwise for statue. appropriated, for the purpose of securing and placing in the Old Representative Hall at the national capitol a statue of the Honorable Zachariah Chandler as one of the illustrious men of America.

sioners

SEC. 2. Upon the passage and approval of this act, the CommisGovernor shall appoint three commissioners, whose duties appointed. shall be to procure such statue and cause the same to be

Proviso.

How paid out.

Proviso.

Tax clause.

placed in the Old Representative Hall at the national capitol at a cost not to exceed the sum hereby appropriated: Provided, That said commissioners so appointed shall serve without compensation, except for actual expenses which shall not exceed the sum of one thousand dollars of the amount hereby appropriated.

SEC. 3. The sum appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of said commission at such times and in such amount as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder: Provided, That the money hereby appropriated shall not be available for, or drawn from the State treasury by, said commission until the year nineteen hundred thirteen.

SEC. 4. The Auditor General shall incorporate in the State tax for the year nineteen hundred twelve, the sum of fifteen thousand dollars, which, when collected, shall be placed in the general fund to be disbursed and expended for the purposes as in this act provided. Approved April 25, 1911.

Cold storage plant.

How paid out.

Tax clause.

[No. 137.]

AN ACT making appropriation for the Northern Michigan Asylum for the Insane, for building cold storage plant, for the year ending June thirty, nineteen hundred twelve, and to provide a tax therefor.

The People of the State of Michigan enact:

SECTION 1. The sum of five thousand dollars is hereby appropriated for the Northern Michigan Asylum for the Insane, for the fiscal year ending June thirty, nineteen hundred twelve, to be used with the appropriation already available for the construction of a cold storage plant.

SEC. 2. The sum appropriated by the provisions of this act shall be paid out of the State treasury to the treasurer of the Northern Michigan Asylum for the Insane, at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his account to the Auditor General thereunder.

SEC. 3. The Auditor General shall add to and incorporate in the State tax for the year nineteen hundred eleven, the sum of five thousand dollars, which, when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated.

This act is ordered to take immediate effect.
Approved April 25, 1911.

[No. 138.]

AN ACT to declare telephone lines and telephone companies within the State of Michigan to be common carriers, to regulate the same and prescribing a penalty for the violation of this act.

The People of the State of Michigan enact:

common

SECTION 1. All persons, corporations and associations op- Telephone erating telephone lines or exchanges doing a telephone busi- companies ness within the State of Michigan, are hereby declared to carriers. be common carriers; and all laws so far as applicable now in force or that may be hereafter enacted, regulating the transportation of persons or property by railroad companies within the State, shall apply with equal force and effect to telephone companies.

commission.

SEC. 2. The Michigan Railroad Commission shall have General conthe general control of all telephones, telephone lines and tele- trol, railroad phone companies within the State, and shall investigate any alleged neglect or violation of the laws of the State by any person, firm, association or corporation doing a telephone business within the State, or by the officers, agents or employes thereof.

abolish rates,

discrimination.

SEC. 3. All persons, firms, associations and corporations Public service. doing a telephone business within this State are required to furnish reasonably adequate service and facilities for the use of their lines by the public. All charges made for any service rendered, furnished or performed, or to be rendered, furnished or performed within the State by any telephone company shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful; and the commission shall have power to make, Power to alter, amend or abolish any rate or charge for any service, etc. and may regulate by rules or orders any service or facility. SEC. 4. If any telephone company doing business within Rebates, etc., this State shall directly or indirectly by any special rate, re- unjust bate, drawback or other device, charge, demand, collect or receive from any person or persons, firm or corporation a greater or less compensation for any service rendered, furnished or performed than it charges, demands, collects or receives from any other person or persons, firm or corporation for rendering, furnishing or performing for him or them a like contemporaneous service, such telephone company shall be guilty of unjust discrimination which is hereby prohibited and declared to be unlawful. It shall further be unlawful for any person, firm or corporation directly or indirectly to ask, demand or accept any rebate, drawback or other device whereby he shall obtain telephone service for any less rate than that charged others in like circumstances.

Prejudice or

SEC. 5. It shall be unlawful for any telephone corporadisadvantage. tion doing business within this State to make or give any preference or advantage to any person, company, firm, corporation or locality, or subject any person, firm, company, corporation or locality to any prejudice or disadvantage in any respect whatever.

Application for connection.

Notice.

Interchange of service.

SEC. 6. Whenever application shall be made to the Michigan Railroad Commission by any party in interest to order the physical connection of any local telephone exchange, operated by any person, co-partnership or corporation, with the local telephone exchange operated by any other person, co-partnership or corporation in the same city or village, the said commission shall give due notice to the respective persons, co-partnerships or corporations owning or operating such telephone exchanges of a hearing to be had upon such application, and such hearing shall be conducted in the manner herein prescribed for hearings of complaints under the provisions of this act; and, after such hearing and such other investigation made either by itself or its servants and agents, said Michigan Railroad Commission shall determine, by its order duly made and entered upon its records, whether or not such physical connection is required by the public necessity or convenience in the case brought before it by such application. If said commission shall decide that such connection is so required, the telephone companies affected by such order shall furnish and maintain all reasonable and proper facilities for the interchange of service between their respective exchanges affected by such order, including all necessary trunk lines, switchboards, wires, aerial or cable, crossarms, poles or other fixtures; all necessary construction, maintenance and equipment to be built and maintained in such manner, under such rules, and with such division of expense and labor as shall or may be required or provided by the Michigan Railroad Commission. Every telephone corporation affected by such order is hereby required to perform switching service for any other telephone corporation similarly affected by connecting its lines temporarily with the lines of the other telephone corporation, providing for the direct transmission of messages between subscribers, and shall request the connection of its lines with the lines of the other telephone corCompensation. poration on request of any of its subscribers. Any telephone corporation which is required to perform switching service for another telephone corporation under the terms of such an order may demand and receive as compensation for such service the sum of five cents per message in addition to the regular service charge, if any. The telephone corporation on whose line or lines messages originate shall be responsible to and make settlement with the terminal companies performing the switching service for it on its reSubscribers to quest, and may demand and receive from its subscribers a fee of five cents per message in addition to the regular

Division of expense.

Switching service.

Settlement with terminal companies.

fee.

service charge if any for all messages sent by it to other telephone companies on request of such subscribers in accordance with the provisions of this act. Whenever a sub

nated by

commission.

scriber of any telephone company affected by such order of the Michigan Railroad Commission desires to talk with a subscriber of another telephone corporation so affected, who is connected with an exchange other than that in the city, village or township in which the message originates, the switching switching service between the companies shall be done at point desigwhatever point may be designated by said railroad commis- railroad sion. The company at whose exchange messages of this kind originate may demand and receive from its subscribers the charge for switching service as provided above in addition to the regular toll charges of the companies over whose line or lines or affiliated line or lines the messages are sent; and the division of commissions and toll charges shall be made between the companies in such proportion as said railroad commission may designate: Provided, That the provi- Proviso. sions of this section in regard to switching charges shall not apply when two or more competing companies in any locality shall merge or consolidate their property and business in such locality under the direction of the said railroad commission of this State, or when one competing company shall sell or lease its plant, property and business to another company in the same locality, such merger, consolidation, sale or lease, if with the approval of the said railroad commission being hereby declared lawful. The Michigan Railroad Com- Rules and mission may make all such reasonable rules or orders as orders. may be reasonable or necessary to carry out the intent of the provisions of this section, and refusal to obey such rules, orders or provisions of this section shall be unlawful.

SEC. 7. Any person, co-partnership or corporation desir- Franchise ing to obtain a franchise to construct a telephone system to construct. in any municipality in the State of Michigan, shall apply to said railroad commission for a certificate of public convenience and necessity, and said commission may grant or withhold said certificate after a public hearing and investigation upon the merits of the application in the manner provided herein for the holding of public hearings and investigation on complaint, and no such person, co-partnership or corporation shall be granted a franchise in any municipality in the State of Michigan to construct a telephone system until they have received a certificate of public convenience and necessity herein provided for.

SEC. 8. The said commission shall have authority to hear Complaints. and determine the complaints of any person, firm, association, corporation, body politic or municipal corporation, against the rates and charges or the service rendered or facilities furnished, or complaints as to service withheld or refused to be rendered, furnished or performed by persons, firms or corporations within the terms of this act.

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