CHAPTER 102. TO PROVIDE FOR MAINTENANCE OF OFFICES. AN ACT for Maintenance of the Public Offices of the Territory. Be it Enacted by the Legislative Assembly of the Territory of Dakota: 8.1. ACCOUNTS FOR MAINTENANCE. .] That the Territorial Auditor be and he is hereby authorized and empowered to hear and determine any accounts or claims for services or supplies furnished prior to the next session of the Legislative Assembly, for heating and lighting the public offices of the Territory, for care of the same and for expenses necessary to their maintenance, and for necessary repairs upon the Capitol building. And he is also empowered to draw his warrants for such sums as he shall deem to be due on such accounts or claims, not exceeding in the aggregate five thousand dollars in any one year. And the Territorial Treasurer is hereby directed to pay such warrants from the general fund of the Territory. § 2. EFFECT WHEN.] This act shall take effect and be in force from and after its passage and approval. Approved, March 5, 1889. CHAPTER 103. LIMIT OF TERM OF CERTAIN. AN ACT Limiting the Term of Holding the offices of County Treasurer and Sheriff. Be it Enacted by the Legislative Assembly of the Territory of Dakota. § 1 Two TERMS.] That no treasurer or sheriff of any county in this Territory shall be eligible for election to said offices for more than two successive terms of two years each. § 2. REPEAL.] All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 3. EFFECT WHEN.] This act [shall] be in force from and after its passage and approval. Approved February 11, 1889. AN ACT Amending Section 2, Chapter 116, of Session Laws of 1887, Relating to Notaries Public. Be it Enacted by the Legislative Assembly of the Territory of Dakota: $ 1. FEE FOR COMMISSION.] That section 2, of chapter 116, of the general laws of 1887 be and the same is hereby amended so as to read as follows: The secretary shall issue a commission and duplicate thereof to each notary public appointed by the governor, one of which shall be by said notary public posted in a conspicuous place in his office for public inspection, and the secretary shall be entitled to charge and receive for the issuance of said commission and duplicate a fee of two (2) dollars. The secretary shall keep in his office a careful record of such appointments and the date of expiration and shall notify each notary by mailing, postage prepaid, at least thirty (30) days before the expiration of his term a notice of the date upon which his commission expires, which notice shall be addressed to said notary at his last known place of residence. § 2. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed. $ 3. EFFECT WHEN.] This act shall take effect and be in force from and after its passage and approval. HOUSE OF REPRESENTATIVES,. BISMARCK, D. T., February 1, 188 9 I hereby certify that on the 7th day of February, A. D. 1889,this act was returned to the House of Representatives, the house in which it originated, without the approval of his Excellency, Governor Louis K. Church, and with his objections to this bill in writing; that the said objections were entered at length on the Journal of the House; that the House considered the bill and the question put by the speaker, "Shall the bill pass, the objections of the Governor to the contrary notwithstanding?" And the bill did pass, more than two thirds of the House voting in the affirmative.] Attest: JNO. G. HAMILTON, Chief Clerk. H. H. KEITH, COUNCIL CHAMBER, BISMARCK, D. T., February 11, 1889. I hereby certify that the within act, together with the objections of his Excellency, Governor Louis K. Church, was received from the house on the 9th day of February, 1889; that the objections of the Governor were read at length and the question stated, "Shall this act be passed, the objections of the Governor to the contrary notwithstanding?" The roll of members was called and the act did pass, more than two-thirds of the members of the council present and voting, voting in the affirmative. Attest: R. E. WALLACE, Chief Clerk. SMITH STIMMEL, President of the Council. RAILROAD CORPORATIONS. CHAPTER 105. REPEAL OF GROSS EARNINGS TAX. AN ACT to Repeal the Gross Earnings Law Relating to the Levy and Collection of Taxes on Railroad Property. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. REPEAL.] That sections 24 and 25, chapter 46, laws of Dakota, 1879, Thirteenth Legislative Assembly, and chapter 99, laws of Dakota, 1883, Fifteenth Legislative Assembly, and sections 1,571, 1,572, 1,573, 1,574, 1,575 and 1,576, of the Compiled Laws of Dakota, be and the same are hereby repealed, and all acts and parts of acts by said enumerated acts repealed are hereby expressly revived and re-enacted, Provided, however, that this act shall in no wise affect the levy and collection of taxes upon the property of railroad companies in this Territory for the year 1888 (eighteen hundred and eighty-eight). 2. EFFECT WHEN.] This act shall take effect and be in force from and after its passage and approval. Approved January 29, 1889. CHAPTER 106. POLICE POWERS TO CONDUCTORS. AN ACT Giving Police Powers to Conductors of Railway Trains Carrying Passengers. Be it Enacted by the Legislative Assembly of the Territory of Dakota : § 1. POLICE POWERS.] The conductors of all railway trains carrying passengers, while on duty in this Territory are invested with police powers of a sheriff. § 2. Deliver to NEAREST JUSTICE.] When an arrest is made by any such conductor, he must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, or cause the same to be done, and he shall receive no fees or compensation therefor. § 3. EFFECT WHEN.] This act shall have force and effect from and [after] its passage and approval. Approved, March 5, 1889. CHAPTER 107. 514.410 LEVY AND COLLECTION OF TAXES ON RAILROAD PROPERTY. AN ACT Providing for the Levy and Collection of Taxes upon Property of Railroad Companies in this Territory. Be it Enacted by the Legislative Assembly of the Territory of Dakota : § 1. PERCENTAGE OF GROSS EARNINGS TO BE PAID IN LIEU OF OTHER TAXES.] In lieu of any and all other taxes upon any railroads, except railroads operated by horse power, within this Territory, or upon the equipment, appurtenances or appendages thereof, or upon any other property situated in this Territory belonging to the corporation owning or operating such railroads, upon the capital stock or business transactions of said railroad company there shall hereafter be paid into the treasury of this Territory an amount equal to a percentage of all the gross earnings of the corporation owning or operating such railroad, arising from the operating of such railroad, as shall be situated within this Territory, both upon Territorial and interstate traffic, in case the railroad company owning or operating such line shall accept and become subject to this act as hereinafter provided. Every such railroad corporation or person owning or operating or that may hereafter own or operate any line of railroad in this Territory which shall have accepted this act shall pay to said Treasurer each year "for the first five years" after the approval of this act an amount equal to three per centum of such gross earnings "and for and in each and every year after the expiration of such five years an amount equal to two per cent of said gross earnings," and the payment of such amount annually as aforesaid shall be and is in full of any and all other taxation and assessment whatever upon the pro perty aforesaid. Said payments shall be made, except as hereinafter provided, one half on or before the 15th day of February, and one half on or before the first day of August in each year. And for the purpose of ascertaining the gross earnings aforesaid an accurate account of such earnings shall be kept by said company. An abstract shall be furnished by said company to the Treasurer of this Territory on or before the first day of February in each year, the truth of which abstract shall be verified by the affidavits of the Treasurer and Secretary of such company, and, for the purpose of ascertaining the truth of such affidavits and the correctness of such abstracts, full power is hereby vested in the Governor of this Territory, or any other person appointed by law, to examine under oath the officers, employes of said company or other persons, and if any person so examined by the Governor or other authorized person shall knowingly or willfully swear falsely, concerning the matter aforesaid, every such person is declared to have committed perjury, and for the purpose of securing to the Territory the payment of the aforesaid per centum, it is hereby declared that the Territory shall have a lien upon the railroad of said company, and upon all property, estate or effects of said company whatsoever, personal, real or mixed, and the lien hereby secured to the Territory shall have and take precedence of all demands, decrees and judgments against said company. If any § 2. WHEN COMPANY SHALL FAIL TO MAKE RETURN.] such railroad company having accepted this act shall fail to make return of its gross earnings as aforesaid, or of any part thereof, at the time and in the manner provided by law, and such default shall continue during the period of thirty days, such company shall be subject to a penalty of an amount equal to ten per cent of the tax imposed upon such company by this act, and the Treasurer of the Territory shall forthwith ascertain the amount of such percentage justly due from such company, as near as may be, from such evidence as may be available, and shall thereupon collect such amount so ascertained, together with the said penalty thereon. The amount so ascertained by the Territorial Treasurer as in this section provided, shall, together with the said penalty thereon be by him entered in the books of his office and such entry when so made |