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[No. 389.]

AN ACT to amend act number two, Public Acts of nineteen hundred twenty-one, approved February twenty-three, nineteen hundred twenty-one, entitled "An act to promote the efficiency of the government of the state, to create a State Administrative Board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments, and officers of the state and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred," by adding a new section thereto to stand as section ten.

The People of the State of Michigan enact:

SECTION 1. Act number two, Public Acts of nineteen hun- Act dred twenty-one, approved February twenty-three, nineteen amended. hundred twenty-one, entitled "An act to promote the efficiency of the government of the state, to create a State Administrative Board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred," is hereby amended by adding a new section thereto to stand as section ten, as follows:

members.

SEC. 10. The State Treasurer, the Secretary of State, and Compensathe Auditor General, for all duties prescribed for, and im- tion of posed upon, them by this act, as members of the State Administrative Board, shall each be entitled to compensation at the rate of twenty-five hundred dollars per annum, which shall be in addition to their salaries as heads of their respective departments. The compensation herein authorized How paid shall be paid out of any moneys in the general fund not otherwise appropriated, and in the same manner as are the salaries of other state officers.

Approved May 18, 1921.

out.

Section amended.

Connection with private side track.

Furnish cars, etc.

Proviso.

[No. 390.]

AN ACT to amend section six of act number three hundred of the Public Acts of 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," being section eight thousand one hundred fourteen of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section six of act number three hundred of the Public Acts of 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," said section be ing section eight thousand one hundred fourteen of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 6. (a) Any railroad, subject to the provisions of this act, upon application of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection with any private side track, when such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of same, and shall furnish cars and transport to the best of its ability any traffic tendered to, over or from such private side track, without discrimination in favor of or against any such shipper: Provided, This shall not be construed to compel a railroad to remove from or deliver on a private side track traffic tendered in less than car lots: Provided further, That shipments of live stock, perishable property and explosives shall have precedence over all other classes of merchandise. If any railroad shall fail to install and operate any such switch or connection as aforesaid, on application therefor in writing by any shipper, any shipper may make complaint to the comInvestigation. mission, as provided by section twenty-two of this act, and the commission shall make investigation of the same, and it shall determine as to the safety, practicability and justification thereof, and shall fix a reasonable compensation therefor, and the commission shall make an order as provided in section twenty-two of this act, directing the railroads to comply

Further proviso, live stock, etc., given precedence.

Order to issue.

rules.

with the provisions of this section in accordance with such order, and such order shall be enforced as hereinafter provided for the enforcement of all other orders by the commission, other than orders for the payment of money. The com- Switching mission shall have power, and is hereby authorized, to fix and establish reasonable switching rules and regulations, and establish reasonable limits for said switching and reasonable rates therefor, including rules and regulations regarding absorption of switching rates;

to industrial

(b) Every railroad shall provide a reasonable, adequate Spur tracks and suitable spur track to and to and upon the grounds of plants. any mill, elevator, storehouse, warehouse, dock, wharf, pier, manufacturing establishment, lumber yard, coal dock or other industry or enterprise, wherever such spur track does not necessarily exceed two miles in length and is practically indispensable to the successful operation of any such industry or enterprise, and shall connect such spur track with its main track and operate the same in connection therewith: Pro- Proviso. vided, That such railroad may require the person or persons, firm, corporation or association primarily to be served there by, to pay the legitimate cost and expense of acquiring by condemnation or purchase where necessary the rights of way for such spur track, and of constructing the same, in which case the total estimated cost thereof shall be deposited with the railroad before the railroad shall be required to incur any expense whatever therefor. No railroad shall, however,

be required to provide a spur track where it is unusually unsafe and dangerous: Provided, That in the event of the Proviso. failure of said shipper and the said railroad to agree, the necessity for, reasonableness of, and practical safety of such spur track and connection and the operation thereof shall be decided by the said Public Utilities Commission upon complaint and hearing as provided in section twenty-two of this

act.

Approved May 18, 1921.

Section amended.

State insurance department established.

Proviso.

[No. 391.]

AN ACT to amend section one of chapter one, part one, of act number two hundred fifty-six of the Public Acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," as amended by act number fifteen of the Public Acts of nineteen hundred nineteen.

The People of the State of Michigan enact:

SECTION 1. Section one of chapter one, part one, of act number two hundred fifty-six of the Public Acts of nineteen hundred seventeen, entitled "An act to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regulate the incorporation of domestic insurance and surety companies and associations and the admission of foreign companies; and to provide for the departmental supervision and regulation of the insurance and surety business within this state," as amended by act number fifteen of the Public Acts of nineteen hundred nineteen, is hereby amended to read as follows:

SEC. 1. There is hereby established a separate and distinct state department which shall be especially charged with the execution of the laws in relation to insurance and surety business and to perform such other duties as may be required by law: Provided, however, That the said department so established shall be deemed and considered as in continuation of and the successor to the insurance bureau established by act number one hundred eight of the Session Laws of eighteen hundred seventy-one, and other acts amending Commissioner and supplementing the same. The chief officer of the said department shall be known as the Commissioner of Insurance. He shall be a citizen of this state, and shall have his office at the seat of government, and shall personally superintend the duties of his office, and shall not be a stockholder or directly or indirectly connected with the management of affairs of any insurance company. He shall be appointed by the Governor by and with the consent of the senate, and shall hold his office until his successor is appointed and qualified. Approved May 18, 1921.

of insurance chief officer.

[No. 392.]

AN ACT to authorize counties to make provisions for the care, custody and maintenance of feeble-minded and epileptic persons, to authorize the levying and collection of taxes, the borrowing of money and issuing bonds for such purpose and to provide for the care of state patients by counties and the reimbursement of such counties for such care.

The People of the State of Michigan enact:

of feeble

SECTION 1. The several counties of the state of Michigan Care, etc., shall have power and authority, by resolution of the board minded, etc. of supervisors, to provide for the care, custody and maintenance of all feeble-minded and epileptic persons within such counties and for this purpose such counties may raise money Money, how by tax or by loan and issue the bonds of the county to secure provided. the repayment of any such loan in the manner and within the limits provided by law for the erection of buildings and for the purchase of equipment. Such counties may raise by tax, in the manner and within the limits provided by law, such sum or sums as may be needed, from year to year, for the support, maintenance and care of feeble-minded and epileptic persons committed to the care of any institution maintained by such counties under and by authority of law.

SEC. 2. The several courts of the state of Michigan having who may jurisdiction over proceedings relating to feeble-minded and commit. epileptic persons, may commit such feeble-minded and epileptic persons as are by law authorized to be committed to institutions supported by the state of Michigan to the institutions maintained within the counties where such feebleminded and epileptic persons may be domiciled and the state Reimburseof Michigan shall reimburse the counties so maintaining such county. institutions for the care of such patients to an amount equal to the cost of maintaining patients in the institutions maintained and supported by the state.

ment to

care of

counties.

SEC. 3. Counties maintaining institutions for the care of Contracts for feeble-minded and epileptic persons as herein provided may patients from make contracts with the state for the care of feeble-minded other and epileptic persons committed to such institutions from other counties and when patients, from other counties, are so committed to institutions, maintained by the several counties of the state under the provisions of law, the state shall pay to such counties the entire cost of the care, custody and maintenance of such patients.

SEC. 4. In counties having a population of less than one Resolutions, hundred thousand inhabitants, the resolution or resolutions approval of. of the board of supervisors passed under and by authority

of the powers herein granted to counties shall not become

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