To be incorporated in state tax. SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred three the sum of one hundred seventy-three thousand four hundred thirty-five dollars, which amount when collected shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. Lawful to take. Proviso. Further proviso. [No. 185.] AN ACT permitting the catching and taking of German carp in the waters of Lake St. Clair, Lake Erie and Detroit river, bordering on this State. The People of the State of Michigan enact: SECTION 1. It shall be lawful to catch or take by use of net, or with hook and line, German carp in the waters of Lake St. Clair, Lake Erie and Detroit river, bordering on this State: Provided, The same shall be done under such rules and regulations as may be adopted by the Board of State Fish Commissioners in relation thereto: And, provided further, That said board is hereby authorized to make such rules and regulations in relation thereto as are usual and proper, including rules and regulations for inspection of such fishing, and the requirement of a bond running to the Board of State Fish Commissioners, conditioned for the payment of a penalty of fifty dollars for each and every violation of this and any other Proviso as to law for the protection of fish: And, provided further, That no nets of a less size mesh than four inches, extension measure, as used, shall be permitted, and no kind of fish, save German carp, may be lawfully taken and retained by any one fishing under the provisions of this act. size of nets. Penalty for violation. SEC. 2. Any person violating the provisions of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be punished by a fine of not to exceed one hundred dollars or imprisonment in the county jail for a period of not to exceed ninety days in the discretion of the court. This act is ordered to take immediate effect. [No. 186.] AN ACT making appropriations for building and special purposes for the State House of Correction and Branch Prison, Upper Peninsula, for the fiscal year ending June thirty, nineteen hundred four, and to provide a tax therefor. The People of the State of Michigan enact: tion. SECTION 1. There is hereby appropriated for the fiscal Appropriayear ending June thirty, nineteen hundred four, for the State House of Correction and Branch Prison, Upper Peninsula, the sum of seven thousand four hundred thirty dollars, for purposes and amounts as follows: For one farm horse, one How used. hundred fifty dollars; for one hay carrier, twenty-five dollars; for one mower, forty-five dollars; for one farm roller, twenty dollars; for one disc harrow, twenty-five dollars; for one wagon, sixty dollars; for two sets harness, seventy dollars; for sundry small tools, fifty-five dollars; for enlarging and cementing reservoirs and making needed extension of water plant, one thousand dollars; for drainage system and for boiler room and factories, five hundred dollars; for kitchen furniture and fixtures, seven hundred eighty dollars; for general repairs, including new floor for chapel, four thousand two hundred dollars; extension of electric lighting system, five hundred dollars: Provided, That if the amount designat- Proviso as to ed in this section for any one of the purposes stated be funds. insufficient to complete the work or purchase, any surplus remaining after the completion of the other work or purchase specified in this section may, by obtaining the consent of the State Board of Corrections and Charities and Auditor General in writing before any expense in excess of the specific appropriation is incurred, be used in the account or accounts where such deficiency seems unavoidable, the intent of this proviso being to make the entire seven thousand four hundred thirty dollars available for the purposes stated herein if in the judgment of the State Board of Corrections and Charities and Auditor General it is deemed advisable to make the trans transfer of fers for which provision is hereby made: Provided further, Further That the board of control may obtain money under this sec- proviso. tion before July first, nineteen hundred three, in such amounts as they may by requisition certify to the Auditor General are necessary for immediate use, which amounts thus advanced shall be deducted from the total amount appropriated when the appropriation becomes available. SEC. 2. The several sums appropriated by the provisions of How paid. this act shall be paid out of the State treasury to the warden of the State House of Correction and Branch Prison, Upper Peninsula, at such times and in such amounts as the general accounting laws of the State prescribe and the disbursing officer shall render his accounts to the Auditor General thereunder. To be incor porated in state tax. SEC. 3. The Auditor General shall incorporate in the State tax for the year nineteen hundred three, the sum of seven thousand four hundred thirty dollars, which when collected shall be credited to the general fund to reimburse the same for the money hereby appropriated. This act is ordered to take immediate effect. Open season. [No. 187.] AN ACT to allow the taking or catching of fish by means of fixed lines in the county of Van Buren. The People of the State of Michigan enact: SECTION 1. Hereafter it shall be lawful in the months of December, January, February and March of each year, to take or catch through the ice by the use of single lines, with single hooks attached and fastened to the ice, sometimes called "ice lines," not to exceed five such lines, and in open water from April first to December first of each year, to use not more than four lines, to each person, any and all kinds of fish, except brook trout, rainbow trout, German or brown trout, grayling, land locked salmon or black bass, in the county of Van Buren, in this State, in lakes named and known as Hurzey, Bankson, Eagle, Cedar and Gravel. This act is ordered to take immediate effect. Open season in certain waters. [No. 188.] AN ACT to allow the catching of herring and other rough fish in the waters of Lake Huron and Thunder bay bordering on the counties of Presque Isle, Alpena and Alcona, from the first day of April to the fifteenth day of July and from the first day of September to the fifteenth day of December, where it will not interfere with or catch immature white fish or lake trout, except as provided by section four of act number sixty-three of eighteen hundred eighty-five, being an act, entitled "An act to establish a State Board of Fish Commissioners, and to repeal act number one hundred twenty-four, session laws of eighteen hundred seventythree, act number seventy-one, session laws of eighteen hundred seventy-five, and act number three, session laws of eighteen hundred eighty-two," approved April twentyeighth, eighteen hundred eighty-five. The People of the State of Michigan enact: SECTION 1. It shall be lawful for any person from the first day of April to the fifteenth day of July and from the first day of September to the fifteenth day of December, to catch This act is ordered to take immediate effect. [No. 189.] AN ACT to provide for the exercise of the police power of the State, over the affairs and business of corporations or persons engaged in urban, suburban and interurban railway transportation, by the Commissioner of Railroads, and to define the powers and duties of said Commissioner of Railroads, with reference thereto. The People of the State of Michigan enact. supervision of. SECTION 1. The police powers of the State over street Who to have railways, interurban railways and suburban street railways, whether operated by steam, electricity or other motive power, organized or doing business in this State, shall be and the same are hereby vested in the Commissioner of Railroads, and it is hereby made the duty of said Commissioner of Railroads to exercise the same in accordance with the requirements of the law. to examine, SEC. 2. Said commissioner shall examine into the condi- Commissioner tion and management of all matters concerning the business of electric railways in this State, so far as the same affect or relate to the interests of the public and to the accommodation and security of passengers or persons doing business therewith; and whether such railway companies, their officers, directors, lessees, agents and employes, comply with the laws of this State now in force, or which shall hereafter be enforced, concerning them, and such other matters as he may deem important; and for such purpose said commissioner shall have the right to examine the books, papers, records May issue 'subpoenas. court may order person to appear. and vouchers of any railway in this State, in his discretion; and he shall have power to examine, under oath or affirmation, any and all directors, officers, managers, lessees, employes or agents of any such railway, corporation and any other persons, concerning any matter relating to the condition and management of the business of such corporation. SEC. 3. In making any examination as contemplated in this act, or for the purpose of obtaining information pursuant to this act, said commissioner shall have the power to issue subpoenas, for the attendance of witnesses, and may adminWhen circuit ister oaths. In case any person shall wilfully fail, or refuse to obey such subpoenas, it shall be the duty of the circuit court of any county, upon the application of the said commissioner, accompanied by proper proof, to make an order requiring such person, on a certain day, and at a certain place mentioned in said order, to be and appear before said commissioner in the county where such order is made, and give his testimony upon such matters as shall be lawfully required by said commissioner; and a copy of such order, certified by the clerk of said court, under the seal of said court, shall be personally served on such person by delivering the same to him, if he can be found, at least five days before the time mentioned in said order for him to appear before said commissioner; and in case personal service cannot be had, then the same may be served by leaving such copy at the last known place of residence of such person, with some person of suitable age and discretion, at least five days before the time mentioned in said order for him to appear and testify before said commissioner; and if such person shall neglect or refuse to appear before said commissioner and testify, as required by said order, the said court may issue an attachment, and shall have power to punish for contempt as in other cases of refusal to obey the process and orders of said court. Penalty for refusal. When to exam defective track or bridge. SEC. 4. Any person who shall wilfully neglect or refuse to obey the process of subpoena issued by said commissioner, and appear and testify as therein required, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished for each offense by a fine of not more than five hundred dollars, or by imprisonment not more than six months, or both, in the discretion of the court before which such conviction shall be had. SEC. 5. Whenever the commissioner shall have reasonable ine and report grounds to believe, either on complaint or otherwise, that any of the equipment, cars, tracks, bridges or other structures of any railway corporation of this State are in a condition which renders any of them dangerous or unfit for the transportation of passengers, it shall be his duty to inspect and examine, or cause the same to be inspected, examined and tested, and to that end he shall have free access to the property of such company, and if, on such examination, in his opinion, any such equipment, cars, tracks, bridges or other structures or works, are unfit for the transportation of pas |