Refusal to answer. Testimony subscribed. Deemed sufficient complaint. Appearance on warrant. Proviso, testimony to exempt. Packages, how marked, etc. Penalty for violation. Second offense. Unlawful to import, etc. erage, the drinking of which contributed to the intoxication mentioned in this complaint. And if such person shall refuse to answer fully and fairly such questions, on oath, he shall be punished and dealt with in the same manner as for a contempt of court in other cases. If it shall appear from the testimony of such person that any of the offenses specified in this act have been committed, such justice or court shall make a true record of the same and cause it to be subscribed by such witness; and the said testimony or answers, when subscribed as aforesaid, shall be deemed a sufficient complaint to authorize the issuing of a warrant to arrest any person or persons who may appear from said complaint to be guilty of having violated any of the provisions of this act. Any person arrested on a warrant issued pursuant to the provisions of this section shall be brought before the justice or court issuing the same, and all subsequent proceedings in such suit or prosecution shall be governed by the rules of the law applicable thereto, as in other criminal cases: Provided, That the person so testifying under the provisions of this section shall not be held or prosecuted for the intoxication concerning which such testimony shall be given. SEC. 38. It shall be unlawful for any person to receive or have in his possession any package or packages containing intoxicating liquor unless said package or packages containing such intoxicating liquor shall be clearly and plainly stenciled, branded or shall have printed thereon in a conspicuous place where it can be plainly seen and read, marked in large letters, the following: First, This package contains intoxicating liquors; Second, The name and address of the consignor and consignee and the quantity and kind of intoxicating liquor; Third, The specific purpose for which said liquors are to be used. SEC. 51. Any person, who, himself or by his clerk, agent or employe, shall violate any of the provisions of this act, for which violation a specific penalty is not herein provided, shall be guilty of a felony and upon conviction thereof be sentenced to pay a fine of not more than one thousand dollars and the costs of prosecution, or to imprisonment in any penal institution of this State for a period of not more than one year, or both such fine and imprisonment in the discretion of the court, and for every second and subsequent offense, so committed, whether in the same county or in any other county of the State, he shall, upon conviction thereof, be sentenced to imprisonment in any penal institution of this State for a term of not less than six months or more than two years, and in addition thereto the court may impose a fine not to exceed one thousand dollars. SEC. 57. It shall be unlawful for any person to import, ship, sell, transport, deliver, receive or have in his possession any intoxicating liquors except as in this act provided. SEC. 58. Wherever the word "commissioner" is used in Word defined. this act it shall be deemed and intended to mean the Food and Drug Commissioner. This act is ordered to take immediate effect. Approved April 1, 1919. [No. 54.] AN ACT to amend chapter two of act number three hundred fourteen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," said chapter being sections twelve thousand eighty-three to twelve thousand two hundred twenty-eight, both inclusive, of the Compiled Laws of nineteen hundred fifteen, by adding thereto a new section to stand as section forty-six d. The People of the State of Michigan enact: amended. SECTION 1. Chapter two of act number three hundred four- Chapter teen of the Public Acts of nineteen hundred fifteen, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this State; the powers and duties of such courts, and of the judges and other officers thereof; the forms of civil actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," said chapter being sections twelve thousand eighty-three to twelve thousand two hundred twenty-eight, both inclusive, of the Compiled Laws of nineteen hundred fifteen, is hereby amended Section by adding thereto a new section to stand as section forty- added. six d, to read as follows: Sixth circuit additional judge. Appointment by governor. Term. SEC. 46d. There shall be one additional judge in the judicial circuit in which the county of Oakland is or may be situated, the same now being the sixth judicial circuit. The additional office of circuit judge created by this act shall be deemed vacant from and after the the day when this act shall take effect and such vacancy shall be filled by appointment of the Governor until the general election in November, nineteen hundred twenty and until a successor is elected and qualified. The judge so appointed shall qualify and enter upon the discharge of his duties within ten days after his appointment and continue until his successor shall be elected and qualified. This act is ordered to take immediate effect. Permission of railroad commission sale of rail [No. 55.] AN ACT to regulate the sale or disposal, or contracting for the sale or disposal, of railroad tracks and facilities in certain cases. The People of the State of Michigan enact: SECTION 1. No person, firm or corporation owning or operating a railroad or interurban railroad which is or has been a necessary for common carrier of freight or passengers, or both, within this State, shall sell or dispose of or contract for the sale of any of its main line track or tracks or terminals to any other railroad company or common carrier, or to any person or persons in any case without securing the permission of the Michigan Railroad Commission as hereafter provided. road trackage. Application for permit. SEC. 2. No person, firm or corporation owning a railroad or interurban railroad in this State, which road is or has been a common carrier of passengers or freight, or both, shall sell a part, or portion of the main line of such road or any terminal thereof or contract for the sale thereof to any other common carrier of freight or passengers, or to other persons or corporations, without first making application to the Michigan Railroad Commission for permission to make such sale. On filing with said Michigan Railroad Commission an appliplace of hear cation for such permission the said Michigan Railroad Commission shall promptly fix a time and place of hearing thereon, and shall require and direct the corporation, firm or person filing such application to give notice thereof, and of the time and place thereof, by advertisement, to be published in a form to be approved by the said Michigan Railroad Commis Time and ing to be fixed by commission. Notice, how given. sion once in each of three successive weeks prior to the date fixed for the hearing thereof, in at least one newspaper published or circulating in each county in which any part of such railroad or interurban railroad proposed to be sold, is situated. Said hearing shall be conducted subject to the same Rules governrules and regulations as are hearings on complaints preing hearing. sented to the Michigan Railroad Commission under act three hundred of the Public Acts of nineteen hundred nine, as amended. Any person, firm or corporation interested in the operation of the said carrier shall be entitled to be heard. commission. orders. SEC. 3. The commission may, in its discretion, grant such Power of permission if deemed compatible with the public interest or may withhold the same if the making of such sale is found to be incompatible with the public interest. Orders made Appeal from under the provisions of this act shall be subject to the same right of appeal and review as is granted in the case of orders made under act three hundred of the Public Acts of nineteen hundred nine, as amended: Provided, however, That Proviso, provisions nothing in this act contained shall be deemed to modify or saved. repeal any law of the State providing for the consolidation of railroad companies, nor as permitting a sale by a railroad company to a competing company or to a company having the same terminal points. Nothing in this act contained Idem. shall be construed to repeal or supersede any provisions of act three hundred of the Public Acts of nineteen hundred nine, as amended; nor shall this act be deemed to apply to any street railway or interurban electric railway. violation. SEC. 4. Any person, firm or corporation making or Penalty for attempting to make a sale or contract within the purview of this act without complying with the provisions hereof shall be liable to a penalty of not less than five hundred dollars nor more than ten thousand dollars. Any owner or any officer, agent, employe or representative of a railroad company aiding and assisting in any sale or causing the same to be made in violation of the provisions hereof shall be deemed to be guilty of a misdemeanor and on conviction shall be subject to a penalty of not less than one hundred dollars nor more than five hundred dollars, or to imprisonment in the county jail for not less than thirty days nor more than one year, or to both such fine and imprisonment in the discretion of the court. SEC. 5. This act is declared to be immediately necessary Permission of mission necessary for abandonment of tracks. [No. 56.] AN ACT to regulate the discontinuance of service by certain common carriers, the abandonment of facilities thereof and the dismantling of railroad tracks and stations, and to provide a penalty for the violation hereof. The People of the State of Michigan enact: SECTION 1. No person, firm or corporation owning or operrailroad com- ating any railroad or interurban railroad within this State which is or has been a common carrier of freight or passengers, or both, shall abandon its main line of track, or tracks, or any portion thereof, or remove or close any of its main line track, or tracks, except for the purpose of repairing the same or altering the line of the track except by permission of the Michigan Railroad Commission in accordance with the provisions hereof. Application. for permit. Hearing. SEC. 2. No person, firm or corporation owning or operating any track, or tracks, within this State as aforesaid shall except for the purposes hereinbefore specified abandon its main line track, or tracks or any part or portion thereof, or discontinue the furnishing of service to the public, or remove any of its main line track, or tracks, or dismantle the same without first making application to the Michigan Railroad Commission in writing setting forth specifically the reason or reasons for the desired abandonment or discontinuance of service. On filing with said Michigan Railroad Commission an application for such permission the said Michigan Railroad Commission shall promptly fix a time and place of hearing thereon, and shall require and direct the corNotice, publi- poration, firm or person filing such application to give notice thereof, and of the time and place of hearing thereon, by advertisement to be published in a form to be approved by the said Michigan Railroad Commission once in each of three successive weeks prior to the date fixed for the hearing thereof, in at least one newspaper published or circulating in each county in which any part of such railroad or interurban Rules govern- railroad proposed to be abandoned, is situated. Said hearing shall be conducted subject to the same rules and regulations as are hearings on complaints presented to the Michigan Railroad Commission under act three hundred of the Public Acts of nineteen hundred nine, as amended. Any person, firm or corporation interested in the operation of the said carrier shall be entitled to be heard. cation of. ing hearing. When order may issue. SEC. 3. Upon the hearing of any such application the railroad commission shall hear the proofs of the parties and shall then determine whether the proposed abandonment or discontinuance of service, or dismantling of such facilities, or other particular relief sought, not incompatible with the |