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," de

fined.

"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.

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

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

solely for the purposes for which they were incorporated: Provided, That such exemption shall not apply to fraternal Proviso. or secret societies, but all charitable homes of such societies shall be exempt;

societies.

Fifth, All houses of public worship with the land on which Religious they stand, the furniture therein and all rights in the pews, and also any parsonage owned by any religious society of this State and occupied as such;

Sixth, All lands used exclusively as burial grounds and Cemeteries. the rights of burial therein, and the tombs and monuments therein while reserved and in use for that purpose: Pro- Proviso. vided, That the stock of any corporation owning such burial grounds shall not be exempt;

persons.

Seventh, The real and personal property of persons who, Indigent in the opinion of the supervisor and board of review, by reason of poverty, are unable to contribute toward the public charges;

in lieu of.

Eighth, The real property of corporations exempt under Specific taxes, the laws of this State, by reason of paying specific taxes in lieu of all other taxes for the support of the State: Provided, Proviso. That the track, right of way, depot grounds and buildings, machine shops, rolling stock and all other property necessarily used in operating any railroad in this State belonging to any railroad company, shall henceforth be made exempt from taxation for any purpose, except that the same shall be subject to special assessments for local improvements in cities and villages, and all lands owned or claimed by any such railroad company not adjoining the track of such company shall be subject to all taxes;

societies.

Ninth, Property owned exclusively by the State agricul- Agricultural tural society or any county or district agricultural society, and used by any such society exclusively for fair purposes; Tenth, All lands dedicated to the public and actually used Public parks, as a park, and any monument ground or any armory belonging to any military organization and not used for gain or any other purposes;

etc.

Eleventh, All real estate to the value of one thousand dol- Homesteads. lars used and owned as a homestead by any soldier or sailor of the federal government who served three months or more during the civil or Mexican war, and all real estate to the value of one thousand dollars used and owned as a homestead by any wife or widow of such soldier or sailor: Pro- Proviso. vided, however, That should such homestead exceed in value the sum of one thousand dollars it shall be exempt only to the amount of such sum: Provided further, That any soldier or Further sailor or the wife or widow of any such soldier or sailor affidavit. desiring to accept the benefits named in this section as to the exemption from taxation shall make and file with the supervisor or assessing officer an affidavit stating under oath that he was a soldier or sailor of the federal government during the civil or Mexican war for a period of not less than three months, and in case it be the wife or widow of a soldier

proviso,