of public warehousemen, said commissioners may cancel and revoke the license of said public warehouseman, and immediately notify the officer who issued such license of such revocation and cancellation; and no person whose license as a public warehouseman shall be canceled or revoked shall be entitled to another license or to carry on the business in this state of such public warehouseman, until the expiration of not less than six months from the date of such revocation and cancellation, and until he shall have again been licensed; Provided, That this section shall not be construed as to prevent any such warehouseman from delivering any grain or other property on hand at the time of such revocation or cancellation of his said license. And all licenses issued in violation of the provisions of this section shall be deemed null and void.

4511. Power to examine books, etc.-The property, books, records, accounts, papers and proceedings of all such public warehousemen shall at all times, during business hours, be subject to the examination and inspection of the said board of transportation, and they shall have power to examine under oath or affirmation any and all owners, managers, lessees, agents and employees of such public warehouses and other persons, concerning any matter relating to the condition and management of such business.

4512. May examine witnesses, etc.-In making any examinations as contemplated in this act, or for the purpose of obtaining information pursuant to this act, said board of transportation shall have the power to issue subopnas for the attendance of witnesses as may administer oaths. In case any person shall willfully fail or refuse to obey said subpoenas, it shall be the duty of the county court of any county, upon application of said board of transportation, to issue an attachment for such witness, and compel such witness to attend before the said board of transportation, and give his testimony upon such matters as shall be lawfully required by the said board of transportation, and the said court shall have power to punish for contempt as in other cases of refusal to obey the process and order of such court.

4513. Penalty against witnesses.-Any person who shall willfully neglect or refuse to obey the process of subpoena issued by said board of transportation, and appear and testify as therein required, shall be guilty of a misdemeanor, and shall be liable to an indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense by a fine of not less twenty-five dollars ($25) nor more than five hundred dollars ($500), or by imprisonment of not more than thirty days, or both, in the discretion of the court before which such conviction shall be had.

4514. Penalty against public warehousemen, etc.-Every railroad corporation, and every owner, lessee, manager, or employee of any public warehouse who shall willfully neglect to make and furnish any report required in this act at the time herein required, or who shall willfully and unlawfully hinder, delay, or obstruct said board of transportation in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, to be recovered in an action of debt in the name and for the use of the people of the state of Nebraska.

4515. Attorney general and county attorney to prosecute suits.— It shall be the duty of the attorney general and the county attorney in every district and county, on the request of said board of transportation, to institute and prosecute any and all suits and procedings which they or either of them shall be directed by said board of transportation to institute and prosecute for a violation of this act or any law of this state concerning public warehouses, or the officers, employees, owners, operators, or agents of any such public warehouses.

4516. In name of people.-All such prosecution shall be in the name of the people of the state of Nebraska, and all moneys arising therefrom shall be paid into the state treasury by the sheriff or other officer collecting the same. No suits commenced by said board of transportation shall be dismissed except said board shall consent thereto.

4517. Rights of individuals saved.-This act shall not be so construed as to waive or affect the right of any person injured by the violation of any law in regard to public warehouses from prosecuting for his private damages in any manner allowed by law.

4518. Board of transportation to estimate grades. Within thirty days after this act becomes a law the said board of transportation shall establish a proper number and standard of grades for the inspection of grain, and may alter or < hange the same from time to time; Provided, No modification or change of grades shall be made, or any new ones established, without public notice being given of such contemplated change for at least thirty days prior thereto, by publication in one or more daily newspapers printed in each city containing warehouses of Class A; And provided further, That no mixture of old and new grades, even though designated by the same name or distinction, shall be permitted while in store.

4519. Committee of appeals.-Within twenty days after this act takes effect the said board of transportation shall appoint three discreet and competent persons to act as a committee of appeals in every city wherein is located a public warehouse of Class A, who shall hold their office for one year, and until their successors are appointed. At every year thereafter a like committee shall be appointed by the said board of transportation, who shall hold their office for one year, and until their successors are appointed; Provided, Said board of transportation shall have [power] in their discretion to remove from office any member of said committee at any time, and fill vacancies thus created by the appointment of other discreet per

sons.

4520. Appeals-Notices.-In all matters involving doubt of the part of the chief inspector or any assistant inspector as to the proper inspection of any lot of grain, or in case any owner, consignee, or shipper of grain, or any warehouse manager shall be dissatisfied with the decision of the chief inspector or any assistant inspector, an appeal may be made to said committee of appeal, and the decision of a majority of said committee shall be final. Said board of transportation are authorized to make all necessary rules governing the manner of appeals as herein provided. And all complaints in regard to the inspection of grain, and all notices requiring the services of the committee on appeal, may be served on said committee or may be filed with the warehouse registrar of said city, who shall immediately notify said committee of the fact and who shall furnish said committee with such clerical assistance as may be necessary for the proper discharge of their duties. It shall be the duty of said committee, on receiving such notice, to immediately act on and render a decision in each case.

4521. Committee on appeals Oath-Bond-Who may serve on. The said committee on appeals shall, before entering upon the duties of their office, take an oath as in the case of other inspectors of grain, and shall execute a bond in the penal sum of five thousand dollars ($5,000) with like conditions as is provided in the case [of] other inspectors of grain, which said bond shall be subject to the approval of the said board of transportation. It is further provided that the salaries of said committee on appeals shall be fixed by the said board of transportation, and be paid from the inspection fund, or by the party taking the ap

*So in original.

peal, under such rules as the board of transportation shall prescribe, and all necessary expenses incurred in carrying out the provisions of this act, except as herein otherwise provided, shall be paid out of the fund collected for the inspection service upon the order of the said board of transportation on the state treasurer; Provided, That no person shall be appointed to serve on the committee of appeal who is a purchaser of or a receiver of grain or other articles to be passed upon by said committee. 4522. Registered for collection-Inspection fees.-No grain shall be delivered from store from any public warehouse of Class A for which, or representing which, warehouse receipts shall have been issued, except upon the return of such receipts stamped or otherwise plainly marked by the warehouse registrar with the words "Registered for collection," and the date thereof, and said board of transportation shall have power to fix the rates of charges for the inspection of grain both into and out of the public warehouse, which charges shall be a lien upon all grain so inspected, as may be collected of the owners, receivers, or shippers of such grain, in such manner as the board of transportation may prescribe.

4523. Deposit of inspection fund.-All moneys collected for the inspection fund shall be deposited with the state treasurer, who shall be liable under his official bond for the proper care of same, and no payment shall be made therefrom except by order of the said board of transportation as they may prescribe.

4524. Weighmaster, appointment of.-That there shall be appointed by the state board of transportation in all cities where there is state inspection of grain, a state weighmaster, and such assistance as shall be necessary.

4525. Duties.-Said state weighmaster and assistants shall, at the place aforesaid, supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales, and the action and certificate of such weighmaster and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest.

4526. Fix fees.-The said board of transportation shall fix the fees to be paid for the weighing of grain or other property, which fees shall be paid equally by all parties interested in the purchase and sale of the property weighed, or scales ininspected and tested.

4527. Weighmaster,-Qualifications-Bond-Compensation.-Said state weighmaster and assistants shall not be a member of any board of trade or association of like character. They shall give bonds in the sum of five thousand dollars ($5,000), conditioned for the faithful discharge of their duties, and shall receive such compensation as the board of railroad and warehouse commissioners shall determine.

4528. May adopt rules.-The said board of transportation shall adopt such rules and regulations for the weighing of grain or other property as they shall deem proper.

4529. Neglect of duty-Penalty.-In case any person, warehouseman, or railroad corporation, or any of their agents or employees, shall refuse or prevent the aforesaid state weighmaster or either of his assistants from having access to their scales, in the regular performance of their duties, in supervising the weighing of any grain or other property in accordance with the tenor and meaning of this act, they shall forfeit the sum of one hundred dollars ($100) for each and every offense, to be recovered in an action of debt before any justice of the peace in the name of the people of the state of Nebraska, such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution.

NOTE. -I observe that this bill fails to provide for the fixing of rates of storage, the same evidently being inadvertently omitted in the enrollment. Inasmuch as the bill in its present shape contains many provisions of benefit to those engaged in the producing and the storage of grain, it receives my approval. JAMES E. BOYD, Governor.

CHAPTER 55.-WEIGHTS AND MEASURES.

Secs. 4530 to 4535 formed ch. 55, R. S. 1866, p. 391.

4530. The standard of weights and linear measures shall be the same as that established by act of congress for the several states, except that the ton shall consist of two thousand pounds.

4531. A bushel shall consist of two thousand one hundred and fifty cubic inches. The half-bushel, peck, and half-peck shall consist of the proper division and subdivision of a bushel.

4532. A gallon shall consist of two hundred and thirty-one cubic inches. 4533. A pound avoirdupois shall consist of seven thousand grains in Troy weight.

4534. A bushel of each of the articles enumerated in this section shall consist of the number of pounds respectively affixed to each, viz.:

4535. Any person who shall knowingly keep false weights or measures, and shall buy and sell articles thereby, shall forfeit and pay, upon conviction, a fine of not less than five nor more than twenty-five dollars, to be recovered before any court having competent jurisdiction; the fine shall be appropriated to the use of the common schools in the same county; he shall also be liable to the injured party in double the amount of damages, with the costs of sait.

As to this penalty, see 6, 37.

CHAPTER 56.-APPENDIX TO GENERAL LAWS.

WORLD'S COLUMBIAN EXPOSITION.

Sec. 4536. "An act to provide for a presentation of the products, resources, and possibilities of the state of Nebraska at the World's Columbian Exposition, to be held at the city of Chicago, Illinois." 1891, p. 395. In force August 1. See preface.

4536. Whereas, by an act of congress, the United States purpose, and has provided for celebrating the four hundredth (400th) anniversary of the discovery of America by Christopher Columbus, by holding an international exhibition of arts, industries, manufactories, and products of the soil, mine, and seas, in the city of Chicago, in the state of Illinois, in the year eighteen hundred and ninety-two (1892); and Whereas, provisions are made and provided in said act, that each state and territory in the union may and is invited to participate in said celebration and exposition; and Whereas, the location of said exposition is so near Nebraska's door, and all environments so remarkably auspicious to presenting to the best possible advantage, and advertise to the world in substantial manner, her products, resources, and possibilities, and thereby extend invitation to capital and population to engage with us in expanding the wealth and greatness of the commonwealth: Therefore,

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That for the purpose narrated in the foregoing preambles, and to defray the necessary expenses thereof, there be and is hereby appropriated from the state treasury, from funds not otherwise appropriated, the sum of fifty thousand dollars ($50,000), or so much thereof as may be found necessary, the same to be expended and accounted for in accordance with the conditions and stipulations as hereinafter provided; Provided, That not to exceed five thousand dollars ($5,000) of this appropriation shall be expended before January first (1st), 1892.

SEC. 2. That within ten (10) days from the passage and taking effect of this act the governor shall appoint a state commission, to be known as the "Nebraska Columbian Commission," to consist of six (6) members, two (2) from each of the three (3) congressional districts of the state, and to be selected two (2) from each of the three (3) political parties, namely, the independent, democratic, and republican organizations. The governor may, in his discretion, and in like manner, in all respects, appoint alternates for each commissioner, who shall assume and perform the duties of commissioner when from any cause his principal may be unable to perform devolving duties.

SEC. 3. The duties of said commission shall be to have general charge and management, in the state at large, in creating for presentation at the said Columbian exhibition at Chicago a state exhibit of all the industries, products, and resources

of the state.

SEC. 4. The compensation for each commissioner or alternate, when acting for a principal, shall be five (5) dollars per day for each day actually devoted to such official service as duty may require; and in addition, actual traveling expenses while so engaged. Time to be computed while en route to and from place of meetings or points of work. Compensation to be paid from the appropriation provided in this act.

SEC. 5. The term of office for each commissioner and alternate shall be from date of his appointment until the end of the Columbian exposition at Chicago, and