Sections amended.

Commissioned officers, how appointed.

Proviso.

[No. 172.]

AN ACT to amend sections twenty-two and forty-six of act number eighty-four of the public acts of nineteen hundred nine, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act."

The People of the State of Michigan enact:

SECTION 1. Sections twenty-two and forty-six of act number eighty-four of the Public Acts of nineteen hundred nine, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, to make an appropriation therefor, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," are hereby amended to read as follows:

SEC. 22. Commissioned officers of the Michigan national guard, unless otherwise specifically provided for in this act, shall be appointed by the Governor and duly commissioned in the grade to which appointed, as follows: Brigadier general of a brigade, from among the officers of the Michigan national guard above the rank of captain in the brigade; colonel of a regiment, from lieutenant colonel of the same regiment; lieutenant colonel of a regiment, from the senior major of the same regiment; major of a regiment, from the senior captain of the companies of the battalion in which the vacancy occurs; captain of a company, from the senior lieutenant of such company, first. lieutenant of a company, from the second lieutenant of such company; second lieutenant of a company or a first lieutenant in organizations for which no second lieutenant is prescribed, except in the Medical Department, by election at which only officers and enlisted men who have been in the service six months or longer and who belong to the unit in which vacancy occurs, shall be entitled to vote, provided that a regiment may if it so desires have in the said regiment the senior captain of the regiment promoted to be major upon the occurrence of any vacancy in the grade of major which may occur in that regiment. This desire shall be so expressed to the Adjutant General by a vote taken thereon at any time when the officers of the regiment are together and notice shall have been given to each officer of the proposed action. The action taken shall be certified to the Adjutant General by the senior officer present with the regiment. Upon receipt of said notification the Adjutant General shall publish the same in orders and thereafter promotion in that regiment shall be had as in this provision is provided, but no regimental staff officer shall be promoted to the grade of major unless he shall have had at least five years' commissioned service in a company as captain or first lieutenant.

tion, etc..

SEC. 46. All officers and enlisted men shall receive for Compensation. their service for each day actually spent by them on duty in case of riot, tumult, breach of the peace, resistance of process, or whenever legally called upon in aid of the civil authorities and for the time actually spent by them in traveling from their homes to the place of rendezvous and in returning to their homes, the compensation provided by section forty-five of this act. Such compensation, subsistence and allowances and cost of transportation and the cost of all Transportaammunition used or purchased for use by any officer in command of the national guard so called out, shall be audited and allowed by the Auditor General when detailed bills are presented, properly certified by the commanding officer of such troops and approved by the Quartermaster General. The Auditor General shall, upon auditing and allowing such accounts, draw his warrant therefor upon the State Treasurer, who is hereby authorized and required to pay the same, and any such sums so audited and paid are hereby appropriated out of the moneys in the general fund not otherwise appropriated.

Approved April 26, 1911.

[No. 173.]

AN ACT to amend section three and section eight of act number three hundred of the public acts of nineteen hundred nine, approved June two, nineteen hundred nine, entitled "An act to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violations hereof."

The People of the State of Michigan enact:

amended.

SECTION 1. Section three and section eight of act number Sections three hundred of the public acts of nineteen hundred nine, approved June two, nineteen hundred nine, entitled "An act to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violation hereof," are hereby amended to read as follows:

rier" defined.

SEC. 3. (a) The term "common carrier" as used in this "Common caract shall be construed to mean and embrace all corporations, companies, individuals, associations of individuals, their

"Transportation," defined.

"Railroad," defined.

Proviso.

Further proviso.

Further proviso.

Property, transporta

tion of, etc.

lessees, trustees or receivers appointed by any court whatsoever who now or may hereafter own, operate, manage or control as a common carrier in this State, any railroad or part of any railroad, whether operated by steam, electricity or other motive power, or cars or any other equipment used thereon, or bridges, switches, spurs, tracks, sidetracks, terminal facilities, or any docks, wharves or storage elevators used in connection therewith or any kind of terminal facilities used or necessary in the transportation of persons or property designated herein, and also all freight depots, yards and grounds used or necessary for the transportation or, delivery of any said property and whether the same are owned by said railroad or otherwise; or any express company, car loaning companies, freight or freight line companies and all associations or persons, whether incorporated or otherwise, that shall do business as common carriers upon or over any line of railroads in this State, or any common carrier engaged in the transportation of passengers and property wholly by rail or partly by rail and partly by water.

(b) The term "transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment, or carriage, irrespective of ownership, or of any contract expressed or implied for the use thereof, and all services in connection with the receipt, delivery, elevation, switching and transfer in transit, ventilation, refrigeration or icing, storage and handling of persons or property transported.

(c) The term "railroad" as used in this act shall be construed to mean all railroads, whether operated by steam, electric or other motive power: Provided, That the provision of this act shall not apply to any logging or other private railroad not doing business as a common carrier: Provided further, Nothing in this act contained shall be construed to authorize the commission to interfere with, lessen or impair or to authorize the impairment of any franchise provision, contract or agreement as to rate of fare now existing between any municipality, city, village, or township and any tram railway, street railway, interurban or suburban railway company, or to increase or lessen the rate of fare fixed by such franchise, contract or agreement, or to deprive any tram railway, street railway, interurban or suburban railway company of the right to charge for the carriage of passengers the rate of fare authorized and fixed by any franchise, grant or contract made or entered into between any municipality, city, village or township and any such tram railway, street railway, interurban or suburban railway company: Provided further, That nothing in this act contained shall apply to street and electric railroads engaged solely in the transportation of passengers within the limits of cities or within a distance of five miles of the boundaries thereof.

(d) The provisions of this act shall apply to the transportation of passengers and property between points within this State, and to the receiving, switching, delivering, storing

and handling of such property, and to all charges connected therewith, including icing and mileage charges: Provided, Proviso. however, That this provision shall not be construed as a limitation on the authority of the commission created by this act to prescribe car service and demurrage rules applicable to all traffic beginning or ending within this State.

panies, etc.

(e) Express companies and sleeping car companies doing Express combusiness for hire within this State are hereby defined to be common carriers.

furnish cars.

SEC. 8. Every railroad shall, when within its power so to Railroad to do, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. Every common carrier shall have sufficient cars and motive power to meet all requirements for the transportation of passengers and property which may reasonably be anticipated. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor without discrimination between shippers or between points of shipment, whether competitive or non-competitive: Provided, Preference may be given to Proviso. shipments of live-stock and perishable property. The commission shall have power to make and enforce, and shall make and enforce reasonable regulations for the furnishing and distribution of freight cars to shippers and switching the same, and for the loading and unloading thereof, and for the weighing of the cars and the freight offered for shipment over any line of railroad and shall fix a reasonable per diem demurrage to be paid for the detention of cars by shipper or consignee (which said car service and demurrage rules and regulations shall be applicable to all traffic whether the same begin or end within the State of Michigan), and for the failure or delay of the railroad in the furnishing of such cars and for the failure of the railroad to move the cars the number of miles per day as ordered by the commission.

Approved April 26, 1911.

Section amended.

Exemptions.

Federal property. State property.

Public purposes.

Educational institutions,

etc.

[No. 174.]

AN ACT to amend section seven of act number two hundred six of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts or parts of acts in any wise contravening any of the provisions of this act," being section seven of chapter ninety-eight and compiler's section three thousand eight hundred thirty of the Compiled Laws of eighteen hundred ninety-seven, as amended by act number three hundred nine of the public acts of nineteen hundred nine.

The People of the State of Michigan enact:

SECTION 1. Section seven of act number two hundred six of the public acts of eighteen hundred ninety-three, entitled "An act to provide for the assessment of property and the levy and collection of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal act number two hundred of the public acts of eighteen hundred ninety-one, and all other acts or parts of acts in any wise contravening any of the provisions of this act," being compiler's section three thousand eight hundred thirty of the Compiled Laws of eighteen hundred ninetyseven, is hereby amended to read as follows:

SEC. 7. The following real property shall be exempt from taxation:

First, All public property belonging to the United States; Second, All public property belonging to the State of Michigan, except licensed homestead lands, part paid lands held under certificates and lands purchased at tax sales and still held by the State;

Third, Lands owned by any county, township, city, village or school district and buildings thereon, used for public purposes;

Fourth, Such real estate as shall be owned and occupied by library, benevolent, charitable, educational and scientific institutions incorporated under the laws of this State, with the buildings and other property thereon while occupied by them