S. F.No. 331.

Increasing power of railroad and warehouse commission.

Amendment.

Commission

may proceed

plaint being made.

CHAPTER 67.

An act to amend an act entitled "An act to regulate common carriers and creating the railroad and warehouse commission of the State of Minnesota, and defining the duties of such commission in relation to common carriers," approved March 7, 1887, as amended by chapter one hundred and six of the general laws of 1891, and relating to the fixing of rates for common carriers.

Be it enacted by the Legislature of the state of Minnesota:

SECTION 1. That section eight of chapter ten of the general laws of 1887, as amended by section one of chapter one hundred and six of the general laws of 1891, be and the same is hereby amended by adding at the end of subdivision (f) of said section eight the following words:

Provided, however, the commission may at any time, without com- although no complaint has been filed with it as hereinbefore provided, proceed upon its own motion to investigate the reasonableness of the tariff of rates, fares, charges or classifications, or any part thereof, so filed and published as hereinbefore provided, and for such purpose it shall have the same power to require the attendance of witnesses and the production of all or any books, papers, contracts, agreements and documents that relate to the matter under investigation, and to invoke the aid of any court in this state, requiring the attendance of witnesses and the production of books, papers and documents, as when complaint has been Common car- filed as hereinbefore provided. Provided, further, that before it shall determine or find that any tariff of rates, fares, charges and classification is in whole or in part unjust or unreasonable, it shall notify the common carrier in writing that it has under consideration the reasonableness of said tariff, in whole or in part, as the case may be, and afford such common carrier a reasonable opportunity to be heard at such time as shall be appointed therefor, and thereupon the proceeding shall be conducted, so far as practicable, in the same manner as proceedings are conducted pursuant to the filing of a complaint.

rier to he notified of pro

ceeding.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved March 22, 1897.

CHAPTER 68.

H. F. No. 431.

certain cities

An act authorizing and empowering cities in this Authorizing state having more than 50,000 inhabitants to contract to operate for the purchase of electric power with which to operate their public water works.

Be it enacted by the Legislature of the state of Minnesota:

their water

works.

50,000 inhab

SECTION 1. Any city in this state having more than Cities of over 50,000 inhabitants, is hereby authorized and empow- itants. ered, from time to time, to contract with any person, partnership, or corporation for the purchase of electric power, with which to operate the whole or any part of its public water works. Any such contract may be made for a term of years, not exceeding ten years.

SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage. Approved March 22, 1897.

CHAPTER 69.

H. F. No. 285

of independ

An act to amend chapter one hundred and seventy Dissolution (170) of the general laws of Minnesota for eighteen ent school hundred and eighty-five (1885), relating to the dissolu- districts. tion of independent school districts.

Be it enacted by the Legislature of the state of Minne

sota:

SECTION 1. Chapter one hundred and seventy (170) of the general laws of Minnesota for eighteen hundred and eighty-five (1885), being an act to empower independent school districts organized under chapter thirtysix (36), general statutes one thousand eight hundred and seventy-eight (1878), to dissolve the organization by a two-thirds (2-3) vote of the qualified electors of the same, be and the same hereby is amended by adding three (3) sections thereto so that when said chapter is so amended it shall read as follows:

Amendment.

Section 1. That any independent school district or- Dissolution ganized under chapter thirty-six (36) of the general by vote. statutes one thousand eight hundred and seventy-eight (1878), or under any special law of this state, may dissolve its organization at any election held in such

Form of ballots.

Application

of funds by county treasurer.

Surplus to be paid treasurer

rict in such territory.

76

GENERAL LAWS

[Chap.

district in the manner as nearly as may be as elections are held under said chapter for the purpose of organizing such independent school districts; provided, that such school district shall only be dissolved when twothirds (2-3) of the legal voters voting at any such election shall cast their ballots in favor of dissolving the same.

SEC. 2. At any election held for the purpose of dissolving any such school district the electors in favor thereof may deposit ballots worded thus, "Dissolving independent school district, yes," and those opposed thereto may deposit ballots worded thus, "Dissolving independent school district, no."

SEC. 3. All taxes and assessments which are actually collected on account of a dissolved independent school district shall be paid and applied by the county treasurer in payment of all and any indebtedness incurred by the board of education of such dissolved district remaining unpaid after the moneys in the hands of the treasurer of such district have been so applied and exhausted. Such payment shall be made on orders by the clerk of such board of education and approved by the president thereof, which shall be filed with the county auditor, and warrants thereon issued by the latter on the county treasurer. Such board of education and officers shall continue to exercise their functions, and administer the affairs of such district for the purpose of this section, until all such indebtedness is paid, or the taxes and assessments actually collected and received by the county treasurer are exhausted.

SEC. 4. Any surplus so as aforesaid collected and reof school dist- ceived by the county treasurer, remaining in his hands after such indebtedness provided for by the last section has all been paid, or after the time limited therefor has expired, shall be paid by the county treasurer to the treasurer of the school district in which the territory of the dissolved independent district shall be incorporated.

It territory divided, surplus to be divided.

Limit of time

for presenting orders.

And in case such territory shall be divided between two or more districts, then such surplus shall be distributed and paid to the treasurers of each of such two or more respective districts in proportion to the amount of such taxes and assessments originally contributed from the territory of said several districts respectively.

SEC. 5. All the foregoing provisions shall extend to cases of dissolution occurring before, as well as after, the passage of this act.

Provided, however, that all such orders shall be presented to the county auditor within two (2) years after the dissolution of such district, in the case of independent school districts hereafter dissolved; and within two

(2) years after the passage of this act, in the case of districts which have been heretofore dissolved.

SEC. 6. This act shall take effect and be in force from and after its passage.

Approved March 24, 1897.

CHAPTER 70.

H. F.No. 251.

An act providing for the payment of legal services per- Appropriaformed for the State of Minnesota by W. M. Jones.

Whereas, in 1891, an action was pending in the district court of Ramsey county, involving the title to a valuable tract of property in West St. Paul.

And, whereas, in said action, the state of Minnesota claimed the title to said property, and owing to the volume of business then in the attorney general's office, the attorney general and governor believed that it was to the interest and advantage of the state of Minnesota to have special counsel in said cause, and thereupon employed W. M. Jones, then a member of the Ramsey county bar; and the said W. M. Jones did and performed services in the trial of said cause in the district court, and upon the appeal of said cause to the supreme court of this state.

And, whereas, the legislature of this state, in the session of 1895, appropriated one thousand (1,000) dollars to the said W. M. Jones as compensation for such services, but by some mistake, error or inadvertance in the enrollment of the bill, said appropriation never became effectual;

Therefore, be it enacted by the Legislature of the state of Minnesota:

tion for W. M. Jones for legal services

propriated.

SECTION 1. That the sum of two hundred and fifty $250 apdollars ($250) is hereby appropriated out of any money in the treasury of said state not otherwise appropriated, to W. M. Jones as compensation for services performed in the district and supreme courts of this state, in the case entitled Uri L. Lamprey et al. vs. State of Minnesota et al.; and that a warrant in favor of said W. M. Jones be drawn by the proper officers of the state of Minnesota and delivered to him for payment.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved March 24, 1897.

H.F, No. 66.

CHAPTER 71.

Legalizing

certain mortgage fore

closures.

In case of errors in advertisement.

An act to cure mortgage foreclosures by advertisement wherein the notice of sale is defective.

Be it enacted by the Legislature of the state of Minnesota:

SECTION 1. In all cases of mortgage foreclosure by advertisement heretofore completed where the notice of sale has correctly given the date of record of the mortgage, but incorrectly given the book or page of the book in which the mortgage was recorded, or where the register's notation of date of record on the reception books varies from the notation entered in the book where the mortgage is recorded, and the notice of sale gives the date, which is noted either on the reception books or the record book, such notice of sale if otherwise correct shall be sufficient for all purposes, and the foreclosure based thereon shall not be affected by reason of the aforesaid irregularities.

SEC. 2. This act shall not affect any action at law or in equity now pending.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 24, 1897.

H. F. No. 14.

CHAPTER 72.

Legalizing certain vill

ations.

An act to legalize certain incorporations of villages age incorpor- under chapter one hundred and forty-five (145) of the general laws of eighteen hundred and eighty-five (1885), and the several acts amendatory thereof.

When organization attempted under chap. 145,

Be it enacted by the Legislature of the state of Minnesota:

SECTION 1. That in all cases where there has been heretofore an attempted formation and organization of laws of 1885. a village under the provisions of chapter one hundred and forty-five (145) of the general laws of eighteen hundred and eighty-five (1885), and the several acts amendatory thereof, and the petition, copy of notice of election and certificate of inspectors of election has been filed in the office of the register of deeds of the proper county, and said village has in fact proceeded to act as an incorporated village, and transact and carry