eighty-three, entitled "An act for the organization of telephone and messenger service companies." approved May thirty-first, eighteen hundred and eighty-three, the same being section six thousand six hundred and ninety-one of the compiled laws of eighteen hundred and ninety-seven, be and the same is hereby amended so as to read as follows: maintain right of way in UP. by § 4 7.602. 52.7909e. 283 Chap SEC. 4. Every such corporation shall have power to con- May construct struct and maintain lines of wire or other material, for use in telephone line. the transmission of telephonic messages along, over, across, or under any public places, streets and highways, and across or under any of the waters in this State, with all necessary erections and fixtures therefor: Provided, That the same shall not Proviso. injuriously interfere with other public uses of the said places streets and highways, or injure any trees located along the line of such streets or highways nor shall the same interfere with the navigation of said waters, or the running of railway trains; to construct, provide and furnish instruments, devices, and facilities for use in the transmission of such messages, and to construct, maintain and operate telephone exchanges and stations, and generally to conduct and carry on the business of providing and supervising communication by telephone, and also the business of furnishing messenger service in cities and towns: Provided further, That whenever any corporation Further organized under the provisions of this act for the purpose of proviso. constructing any public telephone line in the Upper Peninsula of this State finds it impracticable to construct its said lines upon any of the public places, streets and highways and across May acquire or under any waters in this State, on account of which it may desire to acquire any right of way for its said lines over, through, under and across any lands needed therefor, and is unable to agree with the owner of such lands for the purchase of said right of way, such corporation shall have the right to acquire the title to said right of way, outside of the corporate limits of cities and villages, upon making just compensation to the owner of such lands, in the same manner and by the same proceedings as provided for in chapter one hundred and sixty-four of the compiled laws of eighteen hundred and ninety-seven of this State for the condemnation of lands for right of way by railway companies: Provided further, That Further whenever the owner of any lands which are not traversed by any railway objects to having any telephone company run its line of right of way across his lands at any point, then the said telephone company shall confine its line of right of way to established subdivision lines. Whenever the owner of any lands which are traversed by any railway shall object to having any telephone company run its line of right of way across his lands at any point then the said telephone company shall confine its line of right of way to established subdivision lines or immediately adjoining and along the right of way of said. railway. And it shall be lawful for any such corporation to purchase and hold a portion of the stock of any corporation condemnation. proviso. owning or controlling by patent, or otherwise, the use of any instrument or device necessary or convenient for use, in the May purchase transmission or reception of telephonic messages, and to purchase and hold all real property necessary to carry out the purposes of its organization. real estate. This act is ordered to take immediate effect. Name changed to State Asylum. [No. 17.] AN ACT providing for changing the name of the Michigan The People of the State of Michigan enact: SECTION 1. The name of the Asylum for Dangerous and This act is ordered to take immediate effect. Taking fish prohibited. Who deemed prima facie guilty. [No. 18.] AN ACT to prohibit the taking, catching or destruction of brook trout and other fish in Russell Creek and tributaries thereof, on sections eighteen, nineteen and twenty, and the south-west quarter of section seventeen, in the township of Hart, Oceana County, Michigan. The People of the State of Michigan enact: SECTION 1. It shall not be lawful for any person or persons to take, catch or kill, or attempt to take, catch or kill, any brook trout or other fish in Russell Creek or any of its tributaries, on any of the following described lands, viz.: Sections eighteen, nineteen and twenty, and the south-west quarter of section seventeen, all in the township of Hart, in Oceana county, Michigan, for a period of ten years from the first day of May, eighteen hundred ninety-nine. SEC. 2. Any person who shall be seen along the banks of any of the waters mentioned in said section one, or in any of said waters, with hook and line, or any other fishing device, in his possession, shall be deemed prima facie guilty of attempting to catch fish in said waters. violation of act. SEC. 3. Any person who shall violate any provisions of this Penalty for act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding ten dollars, together with costs of prosecution, and in default of payment of such fine and costs shall be imprisoned in the county jail for a period not exceeding twenty days. This act is ordered to take immediate effect. [No. 19.] AN ACT to provide for the assessment and levy of taxes upon the property of Railroad Companies, Express Companies, Telegraph Companies and Telephone Companies and the collection thereof, and the designation and election of a State Board of Assessors to make such assessment and levy, and defining the duties of such board, and the compensation of its members, and to repeal all other acts or parts of acts whether in the acts for incorporation of Union Railroad Station and Depot grounds, or any other law of this State, so far as such acts or parts of acts are inconsistent with this act, and no further, and to apply the taxes assessed and collected under this act to pay "the interest upon the primary school, university and other educational funds and the interest and principal of the State debt, in the order herein recited until the extinguishment of the State debt, other than amounts due to educational funds, when such taxes to be collected under this act be added to, and constitute a part of the primary school interest fund." The People of the State of Michigan enact: appoint board General SECTION 1. It shall be the duty of the Governor, by and Governor to with the advice and consent of the senate, within five days of assessors. after this act shall have been approved by the Governor, to appoint three resident freeholders of this State, who shall be duly qualified electors thereof, who shall constitute a State Board of Assessors, with powers and duties as prescribed under the provisions of this act. The Auditor General shall Auditor always, during his term of office, be president of said board, president of but shall have no power except as presiding officer of said board, unless expressly given herein. The persons so appointed shall hold their offices for the term of two years from Term of office. and after January fifteenth, eighteen hundred ninety-nine, or until their successors shall be appointed and have qualified. At the expiration of the terms of office of the members of said Appointment of board their successors in office, so long as this act shall remain board. successors. when to be made. in force, shall be appointed by the Governor by and with the advice and consent of the senate. All appointments which are Appointments, provided to be made by the Governor by this section of this act shall be made while the legislature is in session, and not at any other time, except in cases where vacancies in office shall occur otherwise than by expiration of the term of office of any member of said board. In case of vacancy in office occurring otherwise than by expiration of the term the Governor shall have power to appoint to fill such vacancy at any Term of office. time, and the persons so appointed shall hold office until the next meeting of the legislature after their appointment and no longer. Vacancy, how filled. Election of secretary. Term of office. Auditor General custodian board records. Further duties of secretary. Oath of office. Place of meeting. Right of access To county, township and municipal records. Annual assessment roll. SEC. 2. Said board shall elect a secretary at a salary not to exceed eighteen hundred dollars per annum. The secretary so appointed shall hold his office during the pleasure of said board and shall keep a record of all the proceedings of said board, which record with all other papers or proceedings of said board shall be a part of the records of the Auditor General's office, and of which the Auditor General shall be the lawful custodian. The secretary shall devote all his time to the duties of his office, and when said board is not in session shall perform such duties as may have been assigned him by said board or as he may be directed to perform by the Auditer General. SEC. 3. The members of said board, and the secretary, shall take and subscribe the constitutional oath of office to be filed with the Secretary of State. SEC. 4. Said board shall hold its sessions at the office of the Auditor General. It shall have access to all books, to state records. papers, documents, statements and accounts on file or of record in any of the departments of State, subject to the rules and regulations of the respective departments relative to the care of the public records. It shall have like access to all books, papers, documents, statements and accounts on file or of record in counties, townships and municipalities. It shall make an assessment roll each year containing a list of all property by it assessed, which assessment roll shall be filed with the Auditor General and be open to inspection like the other files and records in his office. Said board shall have the right to subpoena witnesses upon a subpoena signed by the president of said board, and attested by the secretary thereof, directed to such witnesses, and which subpoena may be served by any person authorized to serve subpoenas from courts of record in this State, and the attendance of witnesses may be compelled by attachment to be issued by any circuit court in the State upon proper showing that such witness has been properly subpoenaed and has refused to obey such subpoena. The person serving such subpoena shall receive the same compensation now allowed to sheriff's and other officers for serving subpoenas. Said board shall have power to examine witnesses under oath, said oath to be administered by any member of Right to subpoena. Compulsory attendance of witnesses. Compensation for serving subpoena. Power to examine witnesses. examine books, be assessed. permit exami said board or by the secretary thereof. Said board shall have Right to the right to examine books, papers or accounts of any cor- etc., of one to poration, firm or individual owning property to be assessed by said board; and if any corporation, firm or individual refuse to Refusal to permit said inspection, or neglect or fail to appear before said nation. Failure board in response to its subpoena, said corporation, firm or Penalty individual shall forfeit the sum of five hundred dollars to the therefor. State. The sum so forfeited may be recovered in a proper action brought in the name of the people of the State of Michigan in any court of competent jurisdiction. to appear. ing. Assess be made. property. SEC. 5. Said board shall meet on the first Monday in Sep- Time of meettember in each year, and between that time and the first ments, when to Monday in November of each year assess all the property in this State of railroad companies, express companies, telegraph companies and telephone companies now organized or hereafter organized and doing business in this State, under any law of this State or any state or country. Said board may inspect all the property belonging to said companies, for Inspection of the purpose of arriving at the true cash value thereof, for the purposes of assessment and taxation. Said board may, for the same purpose, take into consideration the reports and re. Consideration turns of said companies on file in the office of any officer in reports and this State, the value of the stock of such corporation as listed on the stock exchange of New York and Boston, together with such other evidence as it may be able to obtain bearing upon the true cash value of the property of said companies in this State. of companies' returns. taxes raised in SEC. 6. Said board shall determine and enter upon its rec- Aggregate ord the aggregate taxes raised in the whole State, for State, State, to be county and municipal purposes, for the current year, not in- recorded. cluding special assessments on property particularly benefited. All State, county and municipal officers shall make Returns of such returns to said board as it shall require upon blanks to be State, county and municipal furnished such officers by the Auditor General, so as to enable officers. said board to ascertain with exactness the aggregate taxes as above provided. Said board shall determine the average rate Average rate, of State, county and municipal taxes throughout the State by how deterdividing aggregate taxes for the current year, as ascertained under this section, by an aggregate sum to be determined by adding to the total value of all property assessed under this act the equalized value of all property assessed in the State as fixed by the State Board of Equalization at its last meeting. Municipalities within the meaning of this act shall be Municipalities, construed to include school districts as well as cities, villages include. and other municipalities. mined. what to average rate SEC. 7. Said board shall tax the property of the several To tax at companies as assessed by it, at the average rate of taxation as determined. determined by it, and the amount of tax to be paid by each of Tax to be paid, said companies shall be extended upon said assessment roll opposite the descriptions of their respective properties, and the tax so extended shall be paid to the State Treasurer by said how recorded. |