CHAPTER 48-H. F. No. 70.

An Act to amend sections 2402 and 2403 of R. L. 1905, relating to a bounty for the destruction of gophers, ground squirrels, ground hogs or wood chucks, rattle snakes, crows or black-birds.

Be it enacted by the Legislature of the State of Minnesota :

Ground hogs, wood chucks, and rattlesnakes, bounty for.Section 1. Section 2402 of the Revised Laws of 1905 be amended so as to read as follows:

Section 2402.

Any county board or board of town supervisors may by resolution offer a bounty for the destruction of gophers, ground squirrels, ground hogs, or wood chucks, rattlesnakes, crows or blackbirds.

The resolution may be made to cover the whole or any part of the county, and may be annually renewed, but it shall have force and effect only during the calendar year in which it was adopted or renewed.

The bounty shall in no case exceed five cents for each pocket gopher; three cents for each common gopher or ground squirrel; fifteen cents for each ground hog, or wood chuck; fifty cents for each rattlesnake, and ten cents a dozen for blackbirds killed during the months of April, May and June, and five cents a dozen for blackbirds killed during July, August, September and October; and ten cents for each crow killed between May 15 and June 15, and between August 15 and September 15.

What may be shown to secure bounty.-Sec. 2. That section 2403 of the Revised Laws 1905, be amended so as to read as follows:

Section 2403. The bodies of such animals, reptiles and birds shall be produced to the chairman of the town board of the town where they were killed, and if he shall be satisfied that they were killed within the designated territory, and by the person producing them, he shall certify to the county auditor the number of each kind so killed; and the auditor shall issue thereon a warrant on the county treasurer for the amount the claimant is entitled to receive under the resolution; or the claimant may produce such bodies and evidence to the auditor direct.

The official to whom such bodies are produced shall immediately cause the removal of one foot from each animal and bird, and the rattlers from the rattlesnake.

Any town board may also offer a bounty for the destruction of blackbirds and adopt rules for the payment thereof.

Any board of township supervisors may also offer a bounty for the destruction of the animals, birds and reptiles described in this act, and adopt rules for the payment thereof, which bounty.

so offered by a township may be in addition to any bounty which may be offered by the board of county commissioners.

Sec. 3. This act shall take effect and be in force from and

after its passage.

Approved March 6, 1909.

CHAPTER 49-H. F. No. 334.

An Act relating to mineral and mineral lands lying beneath the waters of meandered public lakes. Declaring the ownership of the state therein, and providing for the safekeeping and investment of the funds arising from the sale, or other disposition thereof.

Be it enacted by the Legislature of the State of Minnesota :

State ownership in minerals under waters of meandered public lakes asserted.-Section 1. That all iron ores and other minerals on, in or under lands within this state, which lie beneath the waters of meandered public lakes and rivers, belong to the state, together with the right to enter upon such lands and explore for and mine and remove such iron ore and other minerals and that the state now has and since its organization has had the right to sell, lease or otherwise use or dispose of such mineral lands and such iron ores and other minerals in the same manner as any other mineral lands, ores or minerals belonging to the state, and that the title of the state to such iron ore or other minerals, together with the right to explore for, mine or remove the same, shall not be affected by the subsequent drying up of such lakes or rivers.

Applications, how made-funds, how disposed of.-Sec. 2. Applications for mineral leases and contracts now pending and on file in the land department of the state auditor's office shall not be recognized as valid or existing by reason of anything contained in this act.

Sec. 3. The principal of all funds derived from the sale or other disposition of such minerals and lands so situate shall forever be preserved inviolate and undiminished, but the same may be invested as the Swamp Land fund of the state is now invested, and the proceeds arising therefrom shall be paid into the state road and bridge fund.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved March 6, 1909.

CHAPTER 50-H. F. No. 398.

An Act relating to the assessment and payment of road taxes in counties now or hereafter having a population of 150,000 inhabitants or more, and to provide for the construction, repair and maintenance of roads in the towns of such counties, under the direction and supervision of the town boards of such towns.

Be it enacted by the Legislature of the State of Minnesota :

Highway tax to be paid in cash.-Section 1. That in ali counties of this state now having or which shall hereafter have. a population of 150,000 inhabitants or more, there shall hereafter be no highway labor assessed and all road taxes hereafter assessed by the township board of supervisors shall be paid in cash and shall be expended under the supervision and direction of the town board.

Overseers, how appointed.-Sec. 2. In all towns in such counties no overseer of highways shall be elected as provided for by section 1224, Revised Laws 1905; but in lieu thereof the supervisors of each town in such counties shall appoint not less than one (1) or more than four (4) overseers of highways for their respective towns, which overseers shall hold office during the pleasure of said town boards, and shall, under the direction of the town boards of their respective towns, have supervision of the construction, maintenance and repair of all highways and bridges under the control of the town board of their respective towns.

Compensation of overseers.-Sec. 3. Each overseer so appointed shall receive as full compensation for his services such sum as may be fixed by the town board, not to exceed the sum of two and one-half dollars ($2.50) per day for the time actually employed in the performance of his duties.

Certain chapters repealed.-Sec. 4. Chapter 256, laws 1901; chapter 109, laws 1903; chapter 151, laws 1905, and all other acts and parts of acts, insofar as the same are inconsistent with the provisions of this act, are hereby repealed.

Sec. 5. This act shall take effect and be in force from and 'after its passage.

Approved March 6, 1909.

CHAPTER 51-S. F. No. 322.

An Act to exempt members of the legislature, during the session thereof, from attendance in court.

Be it enacted by the Legislature of the State of Minnesota :

Members of legislature exempted from attendance in court in certain cases.-Section 1. No member of the legislature shall be compelled to attend as a witness in any court of this state during the session of the legislature; unless the court in which the action is pending upon sufficient showing shall otherwise order, and no cause or proceeding, civil or criminal, in which a member of the legislature is a party, attorney whose retainer antedates the beginning of the legislative session or necessary witness shall be tried during such session of the legislature, but shall be continued until the legislature shall have adjourned, unless the court in which the action is pending upon sufficient showing shall otherwise order. Such member of the legislature may, with the consent of the body of which he is a member, waive such privilege and in such case such cause may be tried in its regular order. Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 10, 1909.

CHAPTER 52-S. F. No. 13.

An Act to prohibit any school board of any public school in any city having a population of twenty thousand or more inhabitants, to use basement rooms for grade school purposes and fixing the punishment for the violation thereof.

Be it enacted by the Legislature of the State of Minnesota :

Prohibiting the use of basement rooms for graded school purposes. Section 1. It shall be unlawful for any school board of any public school in any city having a population of twenty thousand or more inhabitants, to maintain or allow any basement room to be used for grade school purposes, except rooms used exclusively for the purpose of teaching domestic science, manual training or physical culture; provided, however, that two basement rooms, during the year 1910, and one basement room, during the years 1911-1912, may be used in any one building.

Basement room defined.-Sec. 2. For the purpose of this act a basement room shall mean any room, the floor of which is below the surface of the surrounding ground on all sides of said room

Misdemeanor prescribed.-Sec. 3. Any such school director of any public school violating section one of this act shall be guilty of a misdemeanor for each and every offense.

Sec. 4. This act shall take effect and be in force from and

after its passage.

Approved March 12, 1909.

CHAPTER 53-S. F. No. 14.

An Act to amend section 3666 Revised Laws of Minnesota, 1905, relating to wills.

Be it enacted by the Legislature of the State of Minnesota :

Revocation of wills by marriage and divorce.-Section 1. That section 3666, Revised Laws of the State of Minnesota, 1905, be amended so as to read as follows:

"Section 3666. If, after making a will, the testator marries the will is thereby revoked, and if the testator after making the will is divorced from the bonds of matrimony, all provisions in such will in favor of the testator's spouse, so divorced, are thereby revoked."

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved March 12, 1909.

CHAPTER 54-S. F. No. 96.

An Act to permit the use of seines in the taking of certain fish.

Be it enacted by the Legislature of the State of Minnesota:

Commission may issue license.-Section 1. That the State Game and Fish Commission may, in its discretion, issue to any proper person a license to fish for and take, catch or capture with seines carp, dogfish, garfish, sheephead, buffalo and suckers in any of the waters under the jurisdiction of this state, except that portion of the Mississippi river and Lake St. Croix which form the boundary between the states of Minnesota and Wisconsin.

Provided, however, that such person using or operating such nets or seines for the taking of such fish shall do so only under the direction and personal supervision of a duly commissioned game warden. Every person obtaining such license shall pay to