speed.

disobeying

sengers, it shall be his duty to give to the superintendent, or other executive officer of the corporation, working or operating said defective track or bridge, or other structure, notice of the condition thereof, and of the repairs necessary to place the same in a reasonably safe condition. He may also order May regulate and direct the rate of speed of passing trains or cars over such dangerous or defective track, bridge or other structure, until the said repairs shall be made, and the time within which such repairs shall be made by the company; and if any super- Penalty for intendent or other executive officer aforesaid, receiving such order. notice and order, shall wilfully neglect for the period of ten days after receiving such notice or order, to direct the proper subordinate officers of said corporation, to run the passenger trains or cars over such defective track, bridge or other structure, at the speed so prescribed by the commissioner, or if any engineer, conductor or other employe of such company, shall knowingly disobey such order, every such superintendent, officer, conductor or employe, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars or be imprisoned in the State prison or jail of the county in which such conviction is had, for a period not exceeding one year, or both such fine and imprisonment in the discretion of the court. Such superintendent, officer, conductor, or employe, may be prosecuted for such offense in any of the counties of this State through which said road shall run. And the said com- When com mismissioner shall have power to wholly stop the running of pas- stop running senger trains or cars over such defective track, bridge or other structure, if said company shall neglect or without reasonable cause fail to make such repairs within the time prescribed by said commissioner; and such company, for each and every day that ensues thereafter, and until such repairs are made, shall forfeit and pay to the State the sum of one hundred dollars. In case of the employment of an expert, Expert, how the commissioner shall issue a certificate signed by himself, paid. which certificate shall set forth the amount of time said expert has been employed, and the pay he is to receive therefor, which certificate shall entitle the holder thereof to receive the amount mentioned therein, in the same manner as other employes of the State are paid.

sioner may

of trains.

order flagman

SEC. 6. Whenever, in the opinion of the Commissioner of When may Railroads, the safety of the public would be more efficiently or bell at secured by stationing a flagman, to signal trains or cars crossings. where a highway or street is crossed by any street railway, or when any such street railway crosses or intersects another street railway, or any railroad, or by the building of a gate or bridge at such highway, street or railway crossing, or by the erection and maintenance of an electric alarm bell, he shall direct the corporation or corporations owning or operating any such street railway or street railways, to station a flag. man or to erect and maintain a bridge or gate or electric alarm bell at such crossing, as the public safety may demand;

may prosecute for violation of law.

and in case such flagman is directed to be stationed, or gate or bridge directed to be erected, or alarm bell to be installed and maintained, where one street railway crosses or intersects another, or intersects any steam railroad, the expense thereof shall be borne jointly, in just proportions, as determined by the Commissioner of Railroads, by the companies owning and controlling such street railway and steam railroad.

Commissioner SEC. 7. Whenever it shall come to the knowledge of such commissioner, either upon complaint or otherwise, or he shall have reason to believe that any law or laws pertaining to street or electric railways have been or are being violated, he may, if he deem it expedient, prosecute, or cause to be prosecuted, all corporations or persons guilty of such violation. In order to enable said commissioner to perform his duties under this act, it is hereby made his duty, at least once in each year, to visit each county in the State in which is or shall be located a surface street railway and personally examine into the management of the same.

Who to institute proceedings.

Moneys arising from, where paid.

Act not to

affect right of injured.

Duty of commissioner relative to fences.

To keep certain books.

May prescribe switches, signals, etc.

SEC. 8. It is hereby made the duty of the Attorney General of this State, and the prosecuting attorney in every county through which any such railway runs, on the request of said commissioner, to institute and prosecute any and all suits and proceedings which shall be directed by said commissioner for a violation of this act, or any law of this State concerning railway corporations, or their officers or employes, operators, lessees or agents of any such railway corporation.

SEC. 9. All such prosecutions shall be in the name of the people of the State of Michigan; and all moneys arising therefrom shall be paid to the treasurer of the county where the conviction is had, by the officer collecting the same.

SEC. 10. This act shall not be construed so as to waive, or affect the right of any person injured by the violation of any law in regard to surface street railway corporations to sue or prosecute for his private damages in any manner allowed by law.

SEC. 11. The Commissioner of Railroads shall have power, and it shall be his duty, if he shall deem it practicable, in all cases to inspect and determine the necessity for and the sufficiency of all fences required to be constructed and maintained by street and electric railway companies, and he shall prescribe the manner of constructing, and the time within which it shall be done.

SEC. 12. The commissioner shall have a book in his office, in which he shall make and keep a record of all his instructions, orders and determinations pursuant to this act, and transcripts of entries therein, properly certified by him, shall be evidence in all courts of the State.

SEC. 13. Authority is hereby given to said commissioner, and it shall be his duty, if he shall deem it practicable, to prescribe the use of the interlocking switch and signal

system, or some other system, that will secure equal safety of the operation of trains or cars at all crossings and junctions of railways in this State, and at all crossings of drawbridges; and said commissioner shall apportion the cost of construction and maintenance of any such interlocking switch or signal system among the railroad companies affected thereby in such proportion as his judgment shall direct.

SEC. 14. The commissioner, having determined such form May order adoption of of signals, shall immediately cause a description thereof, p over his official signature, to be delivered to the general manager or superintendent of such street or electric railway that may be interested in such crossing, with notice that the same must be adopted and put into practical force within sixty days thereafter, or within such time as may be decided upon by the said commissioner.

refusal to

SEC. 15. Any railroad company that shall neglect or refuse Penalty for to obey or conform to any reasonable order or direction of adopt. the commissioner, made pursuant to either of the last four preceding sections, shall be liable to a penalty in the sum of five hundred dollars, and to a like penalty for every week thereafter until such order or directions shall have been complied with.

SEC. 16. Nothing in this act contained shall be construed Powers of to take from any municipality the authority now vested in municipality. it, to regulate the operation of lines of street railways already

in existence or hereafter built, under any by-laws, ordinances or regulation, in any township, city or village in this State. Approved June 4, 1903.

[No. 190.]

AN ACT to provide for the payment of tuition in and transportation to another district, of children who have completed the eighth grade in any school district.

The People of the State of Michigan enact:

vote tax for.

SECTION 1. Any school district which maintains a school District may during five months of the year, having children residents therein who have completed the studies of the eighth grade in said school, may at any annual meeting vote a tax sufficient to pay the tuition and daily transportation, during school days, of said children to any high school which the school board of said district may select and designate.

SEC. 2. The tax provided for in section one of this act How spread. shall be reported to the clerk of the township, in which such district is located and shall be spread upon the tax roll of such township in the same manner and at the same time as other school taxes.

Approved June 4, 1903.

Sections

amended.

Board of

.

medicine, how

etc.

[No. 191.]

AN ACT to amend sections one, three and seven of act number two hundred and thirty-seven of the public acts of eighteen hundred and ninety-nine, entitled "An act to provide for the examination, regulation, licensing and registration of physicians and surgeons, and for the punishment of offenders against this act, and to repeal acts and parts of acts in conflict therewith."

The People of the State of Michigan enact:

SECTION 1. Sections one, three and seven of act number two hundred and thirty-seven of the public acts of eighteen hundred and ninety-nine, entitled "An act to provide for the examination, regulation, licensing and registration of physicians and surgeons, and for the punishment of offenders against this act, and to repeal acts and parts of acts in conflict therewith," are hereby amended so as to read as follows: SEC 1. The Governor shall appoint, by and with the registration in advice and consent of the Senate, ten resident electors of the constituted, State, who shall constitute a Board of Registration in Medicine. Not more than five of the persons so appointed shall be from the school of medicine known as regular; not more than two of the persons so appointed shall be from the school of medicine known as homeopathic; not more than two of the persons so appointed shall be from the school of medicine known as eclectic; and not more than one of the persons so appointed shall be from the school of medicine known as physio-medical, and the Governor may select such appointees from the latest lists filed in the office of the Secretary of State at Lansing by each of the four legally incorporated State medical societies of the schools of medicine as herein mentioned aforesaid, such lists to be certified to under oath of the president and secretary of each society respectively, and such lists to contain at least treble the number of names as each society has representatives on the board. But in the event that one or more of the societies above named, through their presidents or secretaries, shall, from any cause, neglect, omit or refuse to file as aforesaid, such list or lists, then and in that case the Governor shall appoint or fill the vacancies in said board without reference to such list or lists which the aforesaid society or societies have for any cause neglected, omitted or refused to file with the Secretary of State, as herein mentioned aforesaid; but the number of representatives from each of the schools of medicine shall be the same Qualifications. as provided for in this act. All persons so appointed shall be legally registered physicians of this State, shall be graduates in good standing of reputable medical colleges, and shall have been actively engaged in the practice of medicine in this State for at least six years immediately preceding the time of such appointment. The ten persons so appointed shall

be appointed in two classes, each class to consist of five persons. The first class shall consist of those physicians ap- Term of office. pointed by the Governor under act number two hundred thirty-seven, laws of eighteen hundred ninety-nine, October first, A. D. nineteen hundred one, who shall serve during the time for which they were so appointed, namely: To October first, nineteen hundred five; and the second class shall be appointed to hold office for four years beginning with the first day of October of the present year, and both classes shall hold office until their successors are appointed; and thereafter the Governor shall appoint, before the first day of October of each biennial period, five persons qualified as aforesaid, in each class, to hold office for four years from the first day of October next ensuing. No member of said board shall belong to the faculty of any medical college or university. The Governor shall also fill vacancies occasioned by death or Vacancies, otherwise, and may remove any member for the continued neglect of duties required by this act. Vacancies in said board shall be filled in accordance with the provisions of this act for the establishment of the original board, and a person appointed to fill a vacancy shall hold office during the unexpired term of the member whose place he fills. The business of said board shall be transacted by and receive the concurrent vote of from at least seven members.

how filled.

for registra

SEC. 3. On and after the date of the passage of this act, Application all men and women who wish to begin the practice of medi- tion. cine and surgery in any of its branches in this State, shall make application to the State Board of Registration in Medicine, to be registered and for a certificate of registration. This registration and certificate shall be granted to such applicants as shall give satisfactory proofs of being twenty-one years of age and of good moral character, but only upon compliance with at least one of the following conditions contained in subdivisions one, two and three of this section: First, The applicant shall be registered and given a certifi- Examination. cate of registration if he shall satisfactorily pass an examination before the board upon the following subjects: Anatomy, physiology, chemistry, pathology, materia-medica and therapeutics, toxicology, histology, practice of medicine, surgery, obstetrics, gynaecology, mental and nervous diseases, diseases of the eye, ear, nose and throat, bacteriology, hygiene, public health laws of Michigan and medical jurisprudence; said examination to be conducted as follows:

(a) The applicant shall pay a fee of twenty-five dollars Fee. prior to examination: Provided, That the examination fee Proviso for graduates of any medical school in the State of Michigan, approved by said board shall be the sum of ten dollars.

(b) The examination shall be in writing, oral or both. (c) The questions on all subjects, except in materia-medica and therapeutics and practice of medicine, shall be such as may be answered alike by all schools of medicine.