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commissioners shall determine the same by lot; and thereafter on the first Monday in June the annual election shall be held.

SEC. 21. In case of rejection of this charter on the first Monday in May, 1885, by a majority of the voters of said city, at any time or times thereafter, on petition of fifty freeholders of said city, the commissioners may again call an election, and submit said charter as provided in section 19 of this act; and if the same shall then be accepted by a majority of the voters, then the said commissioners shall proceed as set forth in section 20, to call an election of city officers, who shall hold their offices until the first Monday in June immediately following said election.

SEC. 22.

In case of a vacancy or vacancies occurring in said board of commissioners from any cause, the remaining members of said board shall appoint others to fill such vacancy, and shall so do that the provisions of this act shall not fail at any time.

SEC. 23. This act to be in force and take effect from and after its passage.

Approved March 12, 1885.

AN ACT to amend an act entitled "An act to incorporate the city of Fort Benton."

Be it enacted by the Legislative Assembly of the Territory of

Montana :

SEC. I. That the following section be added to article I, of an act entitled "An act to incorporate the city of Fort Benton :"

SEC. 2, a.

That the following described territory be and the same is hereby added to and made a part of the city of Fort Benton, to-wit : The E. 72 of S. W. 24, in section number 23, in township 24 north, of range 8 east, in Choteau county, Montana territory.

SEC. 2.

That sections 3 and 4, of article II, of said act be amended so as to read as follows:

Sec. 3. No person shall be an alderman unless at the time of his election he be a freeholder in said city, and shall have resided within the limits of the city one year immediately preceding his election, and shall have the requisite qualifications to vote for members of the legislature, and be a resident of the ward for which he is elected.

SEC. 4. If any alderman, after his election, remove from the ward for which he was elected, his office shall be declared vacant by the city council. The aldermen shall serve without any compensation, and the mayor shall receive such compensation as the city council may determine.

SEC. 3. That sections 1, 2, and 3, of artitle III, of said act, be amended so as to read as follows:


The chief executive officer shall be a mayor, who shall be elected by the qualified voters of the city, and shall hold his office for one year, and until his successor is elected and qualified.

SEC. 2.

No person shall be eligible to the office of mayor, unless at the time of his election he be a freeholder in said city, over twenty-five years of age, an elector, and shall have been a resident of the city for one year next preceding his election.

SEC. 3. If any mayor, during the term for which he shall have been elected, remove from the city, or shall be absent from the city for the space of four months, his office shall be vacated, and shall be so declared by the city council.

Sec. 4. That sections 1 and 2 of article IV of said act be amended so as to read as follows:


On the first Monday in April, of every year, there shall be an election of one mayor for said city, and one alderman for each ward in said city.

SEC. 2. All male citizens of the United States, and those who have declared their intention to become such, of twenty-one years of age, who shall have been actual residents of said city for six months next preceding said election, shall be entitled to vote for city officers to be elected: Provided, that said voters shall give their votes in the ward in which they shall respectively reside.

SEC. 5. That article V of said act be amended so as to read as follows:


SEC. I. The city council shall have power and authority to levy and collect ad valorem taxes for city purposes, upon taxable property, real, mixed, and personal, except as herein excepted, within the limits of the city, not exceeding three-tenths of one per cent per annum, upon the assessed value thereof, and may enforce the payment of the same in any manner that may be prescribed by ordinance not repugnant to the constitution of the United States or the organic act of this territory; but nothing herein contained shall prevent the city council from levying and collected [collecting] street taxes, as authorized by an act entitled "An act to provide for the levy and collection of street taxes in incorporated towns and cities," approved March 7, 1883.

SEC. 2.

The mayor shall nominate and, with the consent of the city council, appoint all city officers, and, with the consent of the city council, he may remove or suspend any officer. The terms of all officers shall be one year, unless sooner removed. The city council shall fix the fees or compensation of all city officers, and may require such oaths and bonds, with security for the faithful performance of their duties, of all officers, as the council may deem necessary.

SEC. 3. The city council shall have power to regulate the mode of, and establish rules for, its proceedings.

SEC. 4. To adopt a corporate seal, and alter the same at pleasure.

SEC. 5. To receive, purchase, and hold, for the use of the city, any estate, real or personal, and to sell and convey the same.

Sec. 6. To limit and define the duties and power of city officers; to call special elections, provide the method of conducting all elections, and appoint judges and clerks of elections.

Sec. 7. To provide for the defense or prosecution of all actions or proceedings in which the city is interested, and to employ counsel therefor.

SEC. 8. To control and protect the public buildings, property, and records, and insure the same.

SEC. 9. To re-number the lots and blocks of the city, or any part thereof; to survey or re-survey the city, or any part thereof; and to cause plats of all surveys to be filed with the recorder of the city council after the same have been approved by the city council.

SEC. 10. To establish a fire department; to appoint or provide for the selection of the members and officers thereof, and prescribe their duties; to purchase fire engines, and all the necessary apparatus for the extinguishment of fires; to erect engine houses; to compel the inhabitants of the city to aid in the extinguishment of fire, and to pull down, or raise (raze), or destroy such buildings in the vicinity of fires as shall be directed by them, any two of them, or the mayor, for the purpose of preventing the communication of fire to other buildings; to establish fire limits, or the limits within which wooden or other combustible buildings shall not be erected; to require the owners or occupants of buildings to provide and keep suitable ladders and fire buckets in or about said buildings; to regulate the storage of gunpowder and other dangerous materials; to require the construction of safe places for the deposit of ashes; to regulate the manner of putting up stove-pipes, and the construction and cleaning of chimneys; to prevent bon-fires, and the use of fireworks or fire-arms in the city, to authorize the reasonable inspection, at all reasonable times, by officers of the city whose duty it may be to guard against fires, of all dwelling houses, lots, yar ds, enclosures, and buildings of every description, for the purpose of discovering their condition, and to cause such as may be dangerous to be put in a safe condition; and generally to establish and enforce such measures for the prevention and extinguishment of fires as may be necessary and proper.


To lay out, open, change, widen, or extend streets, lanes, alleys, sewers, parks, squares, or other public grounds, and to grade, pave, improve, repair, or discontinue the same, or any part thereof; or to establish and open drains, canals, or sewers, or alter, widen, or straighten water courses; to make, alter, widen, or otherwise improve, keep in repair, vacate, or discontinue sidewalks and crosswalks; to prevent the incumbering of streets, sidewalks, crosswalks, and alleys with carriages, carts, wagons, sleighs, sleds, buggies, railway cars, engines, boxes, lumber, firewood, or other obstacles or materials; to prevent horse racing or immoderate riding or driving in the streets of the city; to prevent the riding or driving of animals, or the drawing of vehicles of any kind on the sidewalks of the city, or the doing of damage in any way to such sidewalks; and to require the owners or occupants of buildings to remove snow, dirt, or rubbish from the sidewalks adjacent thereto; and in

default thereof to authorize the removal of the same at the expense of such owner or occupant.

SEC. 12.

To restrain the running at large of cattle, horses, mules, sheep, swine, poultry, and other animals, and to authorize the distraining, impounding, and sale of the same; to establish pounds, and regulate and protect the same; to require the owners or drivers of horses, oxen, or other animals, attached to vehicles or otherwise, to fasten the same while in the streets or alleys of the city; to prohibit the hitching of horses, teams, or animals to any fence, tree, or pump, and to prevent injury to the same; to regulate and control the running of engines and cars through the city, and the rate of speed of the same; to prevent the running at large of dogs, and to authorize the destruction of the same in a summary manner when at large contrary to ordinance; and to prevent any unnecessary noise or disturbance during the arrival or departure of persons in public conveyances.

SEC. 13. To establish and regulate markets, and restrain sales in the streets.

Sec. 14. To purchase and hold cemetery grounds, within or without the city limits, enclose, lay out, and ornament the same, and to sell and convey lots therein by deed; to establish public parks and walks, enclose, improve, and ornament the same, and prevent the incumbering or obstruction thereof; and to provide for and regulate the setting out of shade and ornamental trees in the streets, and in and around the cemeteries and public parks and walks of the city, and for the protection thereof.

SEC. 15. The city council shall have power to license, tax, and regulate auctioneers, merchants, peddlers, retailers, wholesale dealers, taverns, hotels, bakeries, restaurants, drinking saloons, billiard halls, hawkers, brokers, pawnbrokers, gambling houses, bankers, assayers, barber shops, livery stables, wash houses or laundries, insurance agencies, photograph galleries, theatrical and other exhibitions and amusements, job wagons, express wagons, drays and carts, omnibusses, hacks, street railways, water companies, breweries, manufacturers, lumber dealers, real estate agents, butchers, meat markets, electric light companies, telephone companies, gas companies, and all other branches of business within the city limits, and in all such cases they may fix the price of such license, and prescribe the term of its continuance, and may revoke the same at pleasure ; but the terms of no such license shall extend beyond the annual election of officers next after the granting thereof: Provided,

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