petition be submitted to the voters of said county or city, as the case may be at the next regular election for county or city officers, and if a majority of the votes case upon the question be in favor of granting said petition, the board of [or] common council shall promptly proceed to grant said petition and take the necessary steps to erect or establish such memorial. The question shall be placed on the ballots substantially thus:-"Shall the memorial petition be granted"? followed by squares "yes" and "no." If there should be more than one (1) petition to be voted on, the question should concisely describe each by date of denial or otherwise.

5917f1.

[Acts 1921, p. 13. In force February 16, 1921.]

Establishment of memorial, trustees.-6. Upon ordering the establishment of such memorial, the board of trustees for the establishment, maintenance, management and control of such memorial shall be appointed in the manner and for the term and shall organize, give bond and receive the compensation as hereinafter prescribed in subsection 1 of this section.

1. The board of commissioners of any county in the State of Indiana or common council of any city in the State of Indiana shall name three (3) trustees, not more than two (2) of whom shall be adherents of the same political party, and shall certify their action to the judge of the circuit court of the judicial circuit in which such county or city is situated, who, within five (5) days of the receipt of such certificate, shall name two (2) trustees, one from each of the two political parties casting the highest number of votes in the last preceding general election, based upon the vote cast for secretary of state in said county, who, together with the trustees named by said commissioners or common council, shall constitute a board for the establishment, maintenance, management and control of such memorial. One of such trustees named by said commissioners or common council shall serve until the first Monday of the following January; one trustee shall serve until the first Monday of the second January following; and one trustee shall serve until the first Monday of the third January following; and the two (2) trustees named by said judge shall serve until the first Monday of the fourth January following. And on the expiration of the term of each of said trustees a successor shall be appointed in like manner as herein provided, each trustee thereupon to serve for a term of four (4) years. Such board of trustees shall organize by the election of a president, vice-president, secretary and treasurer, and such organization shall be effected annually on the second Monday in January of each year or as soon thereafter as possible. Such trustees shall serve without compensation, except that they shall be allowed for

all necessary expenses incurred by them in the performance of their duties. Bond for the faithful and honest performance of their duties shall be required of said trustees in form and amount to be fixed by the board of commissioners or common council, and the judge of the court; and in the event a surety bond is furnished by any of said trustees, the expense of the same shall be borne by the county or city. 2. For the purpose of reconstituting the membership of the several boards of trustees who may have been appointed and organized under and by virtue of the provisions of the act of which this act is amendatory and who have not been appointed in compliance with the provisions of subsection 1 of this section, it is hereby provided that the term of office of each and every such trustee who is now serving shall terminate upon the taking effect of this act, and the board of commissioners or common council and the judge of the circuit court chall thereupon, and in the manner and in compliance with the requirements provided for in subsection 1 of this section, appoint the successors of the several trustees whose terms are terminated by the provisions of this act, and the several trustees so appointed shall serve for the unexpired terms of their respective predecessors, and shall organize and give bond and be entitled to the compensation as provided for in subsection 1 of this section, and thereafter the appointment and tenure of office of the respective trustees, the organization or reorganization of the board, the compensation and the giving of bond by the several trustees and any and all other matters whatsoever contemplated herein shall be carried out and determined in compliance with the provisions of subsection 1 of this section and not otherwise: Provided, however, That the provisions of subsection 2 of this section shall not apply to the members of any board of trustees who shall have been appointed in the first instance in compliance with the provisions of subsection 1 of this section.

This section amends section 6, Acts 1919, p. 562.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1919, p. 562. In force May 15, 1919.]

5917g1. Election of officers, adoption of rules.-7. As soon as selected, said trustees shall be notified by the auditor or city clerk, and a date fixed by such auditor or clerk for such trustees to meet for the purpose of electing officers and adopting suitable rules for the government of such body, and shall thereupon proceed to the selection of a proper site for such memorial, which shall be, in the case of a county memorial, at or near the county seat of such county, and shall have plans and specifications drawn for the establishment of such memorial, which plans and specifications provide for a memo

rial of the kind and character ordered established and constructed by the board of commissioners or common council.

5917h1. County or city may issue bonds.-8. The cost of establishing and constructing said memorial and the expense of maintaining the same, in so far as the revenue derived from such memorial is not sufficient therefor, shall be borne by the county or city as hereinafter provided. For the purpose of raising money to pay for the establishment of such memorial the board of commissioners or common council may issue bonds for the county or city not to exceed the amount of the contract price, and all expenses incurred and damages allowed prior to the letting of the contract, and a sum sufficient to pay the per diem of the engineer, architect and superintendent hereinafter provided for during the construction of said memorial, or other necessary cost as estimated of such memorial. Said bonds to be in denominations of not less than fifty dollars ($50) each, payable at such time or times not more than twenty (20) years after date of issue as the board or common council shall order. The rate of interest shall not exceed five per cent. (5%). The county or city treasurer shall sell such bonds at not less than their face value, the proceeds shall be kept as a separate and specific fund to pay for construction of said memorial and all proper expenses incident to the same, the same to be paid by the treasurer of the county or city upon warrant of the auditor or clerk as directed by the board of commissioners or common council. The commissioners or common council shall order the same to be paid in such amount and at such time as they may agree, but no payments shall be made by the commissioners or common council for more than eighty per cent (80%) of the engineer's estimate of work done by the contractor, nor shall the whole amount of the contract be paid until the memorial shall have been fully approved by the board of trustees thereof as being completed and satisfactory, and shall have been also approved by the board of commissioners or common council.

591711. Special tax levy.-9. For the purpose of raising money to meet said bond and interest thereon, or to raise funds to establish or erect said memorial without the issuance of bonds, the county or city authorities shall annually thereafter at the time the general tax levy is made levy a special tax on the taxable property of the county or city therefor, subject to the other provisions of this act. Funds may be raised in yearly amounts until sufficient has accrued to enable the board or common council to proceed with the erection or establishment of such memorial.

5917j1. Rate of interest on bonds.-10. It shall be unlawful for any board of county commissioners or common council of a city to

issue bonds, or any other evidence of indebtedness payable by taxation, for the construction of such memorial at a greater rate of interest than five per cent (5%), payable semi-annually, and the total issue of said bonds for the purpose of establishing said memorial shall not be in excess of two per centum (2%) of the total assessed valuation (after deducting all mortgage exceptions [exemptions]) of the property of the county or city wherein such memorial is located, and all bonds or obligations issued in violation of this act shall be void. Said bonds shall be exempt from taxation.

5917k1. Surplus separate maintenance fund.-11. Any surplus remaining from the sale of bonds for the establishment of said memorial shall remain as a separate fund for the maintenance, repair, improvement or extension thereof, and each year the board of county commissioners and the county council or the common council shall provide such a fund as is necessary for the management, maintenance, repair, improvement and extension of said memorial, such fund to be raised by taxation in manner as provided by law for other county or city expenses.

[Acts July special session 1920, p. 47. In force July 22, 1920.] 591711. Exemption from taxation, title.-12. If a city shall desire to erect or establish a memorial, and the common council of such city shall adopt a resolution declaring such desire and also pledging such city to proceed promptly to erect such memorial in or near such city, and shall file a duly certified copy of such resolution with the board of county commissioners before the latter has made an order granting a petition for a county memori!, then the taxable property of such city shall be exempt from the taxation herein authorized for the erection, establishment, management, maintenance, repair, improvement and extension of such county memorial: Provided, however, That if said city shall not within one (1) year from the date of such order have in good faith begun the erection or establishment of a memorial to cost as much or more than the amount which would be derived from taxation of the taxable property of said city for the erection or establishment of such county memorial, then such exemption shall fail, and the taxables of such city be taxed for said county memorial as are other taxables of the county: Provided further, That if any person, association or corporation shall cause to be established or erected in any city of this state a suitable memorial as provided for in section 15, of this act, the cost of which shall be equal to or more than the amount which would be derived from taxation of the taxable property of said city for the erection or establishment of such county memorial, which memorial shall be for the permanent

use of all the people of said city, as provided in said section 15, then the taxable property of such city shall be exempt from the taxation herein authorized for the erection, establishment, management, maintenance, repair, improvement and extension of such county memorial: Provided, however, That such exemption shall fail unless such donor or donors shall file with the board of county commissioners of the county in which any such city is located, before such board has made an order granting a petition for a county memorial, a certificate signed by such donor or donors declaring the intention to immediately begin the establishment or erection of such memorial, and if it be a corporation, in lieu of such certificate, it shall file with said board a duly certified copy of a resolution of its board of directors to the same effect: And provided further, That the title to such memorial and the land upon which it is located shall be in a board of trustees composed of five members, they and their successors to be appointed by such donor or donors, and on the failure of such appointment, the city council of such city shall succeed to such appointive power; and that such donor or donors shall create an efficient organization among the people of said city to manage, maintain, repair and improve such memorial under the powers and restrictions set out in said section 15, and for such purpose such organization shall select six citizens of said city in such manner and for such terms as it may lawfully provide, who shall act in conjunction with the said board of trustees as a board of managers and such board of managers shall have full charge and supervision of the establishment and erection of such memorial and its management, maintenance, repair and improvement, the cost of which management, maintenance, repair and improvement, over and above any income which may be derived from said memorial, shall be provided by voluntary contributions, donations or endowments, and such board of managers shall duly organize and adopt such rules, regulations and by-laws for the conduct of its business as are usually adopted by similar bodies: Provided further, That if at any time such memorial building and ground shall cease to be used as such, the title thereto shall revert to the donor or donors, their heirs, successors or assigns, and said trustees shall thereupon re-convey the same accordingly.

This section amends section 12, Acts 1919, p. 562.

Section 2 of the above act provides for its immediate taking effect.

[Acts 1919, p. 562. In force May 15, 1919.]

5917m1. Supervision, trustees, superintendent.-13. The board of trustees shall have full charge and supervision of the construction of the memorial adopted, and for such purpose shall have power to employ a superintendent, an engineer or architect, and any or all of