and refunded to the property which paid for said passage. way. 12. For the passage of a general ordinance or ordinances which will fix the amount to be paid from time to time to defray the expenses of maintenance by the property enjoying the access and passageway as aforesaid levied and apportioned on each in accordance with its assessed valuation. 13. For the payment out of the subway fund to the owner of any property which abuts upon the route of the subway of the actual expense incurred to underpin and support any structure on said abutting property affected by the subway if the owner or any one interested has co-operated with the city in obtaining the information necessary to determine this expense. 14. For power to make a contract with any other municipality through which said subway may go which will specify the terms and conditions under which said municipality may have the use and enjoyment of the subway. 15. For the passage of an ordinance or ordinances, which will specify the terms and conditions under which all utilities whether publicly or privately owned, which supply water, heat, light, gas, power, communication and transportation, may use said subway, and if for a fixed term said ordinance shall be approved by the electors. The charge for use, in either case, shall never be less than the reasonable worth thereof. For the power to ask for bids and to contract with any utility for any service in said subway. 16. For the passage of a general ordinance to be approved of by the electors which will specify the terms and conditions under which any building standing over the whole or any part of the subway may be used for station purposes. 17. For the passage of a general ordinance which will specify the rent to be paid for advertising space and the sale of magazines, newspapers, tobacco, candy, chewing gum and like concessions in said subway. Whenever the electors of any city shall amend their charter to accomplish the purposes of this subdivision and in the manner herein specified, the fiscal officers of said city shall have the right to demand from every tax collecting officer and agency and it shall be their duty to demand and to place in the subway fund, as herein provided, all taxes or assessments on any property in the city which are cast, levied and collected because of the assessment placed in a separate column, as has been herein provided, said taxes to be cast at rates current for other property; and the property as represented by the assessment in said separate column shall constitute a special assessment district to contribute toward the cost of constructing said subway and, while so included and contributing, it shall be exempt from every other tax and assessment except as herein provided, any general or special law to the contrary notwithstanding, and any such Elevated railway. Restrictions. Proviso. Further proviso. Proviso. Proviso. tax or assessment which for any reason is declared void may be reassessed against the property. The city may provide for the exercise of any power consistent with the purpose of this grant and franchise and not hereby conferred. The trial of all actions brought in any court which might hinder or delay the completion of the subway or any part thereof shall have precedence over other litigation. (z) For the ownership, construction, maintenance and operation of an elevated railway; for enjoying, so far as applicable, the powers and privileges given by the preceding section in relation thereto; for the issuance of bonds therefor within the limitation fixed in said subdivision; and in every respect employing its powers to amend its charter, to accomplish this purpose. SEC. 5. No city shall have power: (a) To increase the rate of taxation now fixed by law, unless the authority to do so shall be given by a majority of the electors of said city voting at the election at which said proposition shall be submitted, but the increase in any case shall not be such as to cause such rate to exceed two per centum of the assessed value of the real and personal property in such city; (b) To submit to the electors a charter oftener than once in every two years, nor unless it shall be filed with the city clerk ninety days before the election: Provided, however, That this provision shall not apply to the submission and resubmission of charters of cities which may be incorporated under this act until they shall have first adopted a charter: Provided further, That where a city shall have submitted to the electors a charter, and said charter has been adopted by the electors, and said city has operated under said charter, and which said charter had not, at the time said charter was adopted been on file with the city clerk ninety days, as provided herein, then in such case the legislative body of such city, operating under said charter, may, upon its giving such notice of election provided in said charter resubmit to the electors, at any special or general election, such charter and which if adopted by the electors shall be deemed operative and effective as of the date of the first submission and adoption: Provided, That such charter shall not be resubmitted unless ninety days shall have elapsed between the date of the filing of said charter and the date of the election at which said charter shall be resubmitted; (c) To call more than two special elections within one year: Provided, however, That this prohibition shall not apply to elections which may be held in the submission and resubmission of charters of cities which may be incorporated under this act until they shall have first adopted a charter, and shall not apply to election which may be held in the resubmission of a charter once adopted as provided in subdivision (b) of this section; (d) To change the salary or emoluments of any public official after his election or appointment or during his term of office; nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he resign or be removed for cause where such office is held for a fixed term; (e) To adopt a charter or any amendment thereto, unless approved by a majority of the electors voting thereon; to sell any property of a value in excess of two dollars per capita according to the last preceding United States census, or any park, cemetery or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front, or engage in any business enterprise requiring an investment of money in excess of ten cents per capita or authorize any issue of bonds except special assessment bonds, refunding bonds, and emergency bonds as defined by this act and bonds that it is annually authorized to issue, unless approved by three-fifths of the electors voting thereon at any general or special election: Provided, That on the Proviso. sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire the bonds issued for said utility. (f) To make any contract with, or give any official position to one who is in default to the city; (g) To issue any bonds without providing a sinking fund to pay them at maturity, except as provided in section four, subdivision (y) hereof, but no sinking fund shall be required in the case of serial bonds which fall due annually; (h) To repudiate any debt by any change in its charter or by consolidation with any other municipality; (i) To submit a franchise to the electors at a special election, unless the expense of holding the election, as determined by the legislative body, shall be paid in advance by the grantee in said franchise to the city treasurer. SEC. 2. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety. This act is ordered to take immediate effect. Section amended. Closed [No. 120.] AN ACT to amend section seven of act number one hundred fifty-nine of the public acts of nineteen hundred nineteen, entitled "An act to preserve and perpetuate the commercial fisheries of the state; to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie and the bays thereof; to define the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters; to prescribe penalties for violations of this act and to repeal act number one hundred eighty-eight of the public acts of eighteen hundred seventy-five, act number three hundred ninety-nine of the local acts of eighteen hundred ninety-five, and act number three hundred fortytwo of the public acts of nineteen hundred seventeen," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section seven of act number one hundred fiftynine of the public acts of nineteen hundred nineteen, entitled "An act to preserve and perpetuate the commercial fisheries of the state; to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie and the bays thereof; to define the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters; to prescribe penalties for violations of this act and to repeal act number one hundred eighty-eight of the public acts of eighteen hundred seventy-five, act number three hundred ninty-nine of the local acts of eighteen hundred ninety-five, and act number three hundred forty-two of the public acts of nineteen hundred seventeen," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one, is amended to read as follows: SEC. 7. It shall be unlawful to take from any of the waters named in this act any trout from the tenth day of October to the fourth day of November, inclusive, in each year. It shall be unlawful to take from any of the waters named in this act any whitefish from the twentieth day of November until the fifteenth day of December, inclusive, in each year. It is declared to be a violation of this act to set nets for the taking of trout and whitefish before the first day of the open season for taking said fish. Approved May 2, 1923. [No. 121.] AN ACT to amend sections three and four of act three hundred seventy of the public acts of nineteen hundred twenty-one, entitled "An act to protect the public health, to provide for the furnishing and distribution by the state commissioner of health of antitoxin and other biological products for the prevention and treatment of diphtheria, to authorize the purchase and manufacture thereof, and to make appropriations therefor." The People of the State of Michigan enact: SECTION 1. Sections three and four of act three hundred Sections amended. seventy of the public acts of nineteen hundred twenty-one, entitled "An act to protect the public health, to provide for the furnishing and distribution by the state commissioner of health of antitoxin and other biological products for the prevention and treatment of diphtheria, to authorize the purchase and manufacture thereof, and to make appropriations therefor," are hereby amended to read as follows: purchase, advertised SEC. 3. Such quantities of antitoxin and other biological Antitoxin, products for the treatment of diphtheria as may be required etc., of. under the provisions of section one during the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, shall be purchased by the state commissioner of health. Bids for the furnishing Bids of such products shall be advertised for in at least three for. newspapers of the state, of general circulation, such advertisement to be published not less than ten days prior to the day fixed for receiving bids. Upon the receipt of such bids, Contract, contracts for the furnishing of antitoxin and other products may be let, but in no case shall any such contract cover a period of more than one year in length or extend beyond the thirtieth day of June, nineteen hundred twenty-five. The right to reject any and all bids shall be reserved. Contracts shall be let to the lowest responsible bidders furnishing adequate security for the performance thereof: Provided, how- Proviso. crer. If deemed expedient by the state commissioner of health, contracts for a portion only of the products required may be made with any bidder. when let. SEC. 4. For the purpose of acquiring, constructing and Appropriation operating the said plant there is hereby appropriated out for plant. of any moneys in the state treasury not otherwise appropriated for the fiscal year ending June thirty, nineteen hundred twenty-four, the sum of twenty-five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twentyfive, the sum of twenty-five thousand dollars. There is also appropriated for the purchase of antitoxin and other biological products for the treatment and prevention of diphtheria for the fiscal year ending June thirty, nineteen hun |