ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPA1GN PRODUCTION NOTE University of Illinois at Urbana-Champaign Library Brittle Books Project, 2014.COPYRIGHT NOTIFICATION In Public Domain. Published prior to 1923. This digital copy was made from the printed version held by the University of Illinois at Urbana-Champaign. It was made in compliance with copyright law. Prepared for the Brittle Books Project, Main Library, University of Illinois at Urbana-Champaign by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2014 .. ^il U..L.LilLlUlk,.1IJJL Ll-W **»»» ^Ammmm »jm t njmpt# ,«»jn ip>;i|p>iip>M!P|lll#i ..........■■""'• •*'.■» c^jji v.,;............. * . Tis<\ H 6>4~c- \e\05-O % CONTENTS. Chapter City and Ward Boundaries..........................................I Officers and Elections..............................................II General Powers and Duties of Officers.............................Ill The Common Council—Its General Powers........................IV Board of Public Works, Building Inspector........................V Taking Property for Street and other Purposes....................VI Parks and Park Commission; Boulevards............................Via City Improvements and Special Assessments......................VII Sewers .........................................................VIII Harbors and Rivers, Bridges......................................IX Water Works .....................................................X Public Debt and Debt Commission................... .............XI Educational Department—Schools, Library, Museum..............XII Auditorium ......................... C............................XIla Board of Health................................................XIII Fire Department ................................................XIV Police Department ............................................... XV Salaries .........................................................XVI Finance and Taxation..........................................XVII Assessment and Collection of Taxes........................... .XVIII Disqualification, Impeachments ..................................XIX Miscellaneous ....................................................XX Courts ..........................................................XXI Public Utilities, Tenement House, etc...........................XXII £09970PREFACE. The common council of the city of Milwaukee duly- directed the city attorney to arrange in Convenient form all acts passed by the legislature of the state of Wisconsin during the sessions of 1905 and 1907 which relate to the city of Milwaukee. Pursuant thereto the following compilation has been made. The order of arrangement is the same as in the "Milwaukee City Charter" prepared and issued in the year 1905. Under chapter 22 are grouped the public utility act, the indeterminate franchise act, the tenement house act, and the railway terminal act, enacted at the legislative session of 1907. These several acts relate in part to the City of Milwaukee and are set forth at length for the convenience of members of the common council and others having occasion to consult them. The section designations are arbitrarily chosen. When refer- ring to any of the laws herein contained, (except Chapter 2%) reference should be made thus: "Chapter.....-------------------------, Section ------------------------------, (Sub-Section-----------------------------), Milwaukee City Charter Supplement, 1908." JOHN T. KELLY, City Attorney. Milwaukee, Wisconsin, May 1, 1908.MILWAUKEE CITY CHARTER Supplement 1908 CHAPTER I. Boundaries of City. City boundary surveys; record, effect and test. Section 2a. Chap. 1. All cities whether organized under a general or special charter are hereby continued as bodies corporate by the name and style which they now bear, until the same is duly changed. The district or territory now embraced within the limits and bound- aries of such cities, as now described, shall continue to be the boundaries of such cities until changed by law. Any city may direct a survey of its present boundaries to be made, and when properly attested such survey may be filed in the office of the register of deeds in the county or counties in which such city is located and when so filed such survey and plat shall be prima facie evidence of the facts therein set forth, and after the lapse of one year such a survey and plat shall be conclusive evidence of such facts. Any citizen may, by appropriate legal procedure, test the correctness of said survey and plat. The time such action is pending shall be excluded from the above limitation of time. Subsequent extensions of the boundaries of such cities may be surveyed and such surveys filed in the manner above provided and may be tested in the same manner and with like effect as a survey and plat of the original boundaries. (Sec. 925-21b; Ch. 493, 1907.)2 officers and elections. Chap. 1. Petitioners requisite for annexation. Section 8a. * * * A majority of the electors and the owners of at least one-third of the taxable property according to the last tax roll, in territory adjacent to such city may together present a petition to the com- mon council of such city, asking for annexation thereto; provided, that if no electors reside therein such petition must be signed by the owners of at least * * * one-half of the taxable prop- erty desired to be annexed before the council shall have power to act thereon; provided further, that the council may, upon the petition of one-half of the resident electors and of the owners of one-half of the real estate within the limits of the territory proposed to be annexed, pass an ordinance annexing such pro- posed territory when the proposition to annex has been submitted to a vote of the electors of the district to be annexed and a majority of the resident electors have voted in favor thereof. Whenever a proposition to annex territory has been submitted to a vote and rejected, the same or substantially the same propo- sition shall not be again submitted within two years thereafter. (Sec. 925-18; Ch. 124, 1907.) (See:—Sec. 926—2, Wis. Stat. 1898; Chap. 1, Sec. 8; Charter 1905.) CHAPTER II. Officers and Elections. Ohap. 2. Municipal officers: public utility contractors and stockholders ineligible. Section la. No person shall be eligible to any town, village or city office who directly or indirectly has any pecuniary interest in any contract for furnishing heat, light, water, power or other public service to or for such town, village or city or the inhabitants thereof, or who is a stockholder in any corpora- tion which has any such contract. Any such office shall become vacant upon the acquiring of any such interest by the person holding such office. (Sec. 976S; Sec. 2, Ch. 638, 1907.) Polls, opening and closing. Section 2a. Section 1 of chapter 386 of the laws of 1903 is amended to read: Section 1. The polls at every election in each county of a population of not less than two hundred thousand inhabitants, shall be opened at six o'clock in the morning, and be closed at * * * eight o'clock in the evening of the same day. (Chap. 594. Laws 1907.) (Amends Chap. 2, Sec. 2a, Charter 1905; Chap. 386, 1903.)aldermen. 3 Cities of the first class: aldermen. Section 4a. 1. In each Chap. 2. city of the first class in the state, whether operating under a general or special charter, there shall be elected to the common council as members thereof, twelve aldermen at large and one al- derman from each ward and such aldermen shall constitute the sole legislative body of such city. The powers and salary of the aldermen shall be the same as now or is subsequently provided. The aldermen elected at large, after the first election, shall be elected for a term of four years, the aldermen from the wards shall be elected for a term of two years. At the first election of aldermen at large, there shall be twelve elected, the six having the largest number of votes to hold for a term of four years and the second six to hold for a term of two years, when their successors are to elected for a term of four years. Election day. 2. The election of aldermen under the provi- sion of this act shall take place on the first Tuesday of April, 1908, and biennially thereafter. (Sec. 925-22a; Ch. 566, 1907.) (See Sees. 1, 3 and 4, Chap. 2, Charter 1905). Confirmation of appointments. Section 7a. The appoint- ments to public office by the mayor of all cities shall be subject to confirmation by the common council, unless otherwise pro- vided by law. An appointee to any office rejected by the com- mon council shall be ineligible for appointment to the same office for one year thereafter. (Sec. 925, 38b; Ch. 493, Laws 1907.) Officers: clerk's certificates of election and qualification. Section 12a. To the person elected to any office the city clerk shall issue a certificate of election. To the person appointed, a certificate that such person has qualified for the position to which such a person is appointed, which certificate shall be filed with the secretary of the commission or board to which such a person has been appointed. Thereupon such appointee shall be deemed to be qualified to act as a member of such board or commission. (Sec. 925 29a; Chap. 493, Laws 1907.) Special elections, city and village; procedure. Section 14a. Whenever any question is to be submitted to the voters of any city or village the common council of such city or the village4 civil service. Chap. 2. board of such village shall issue a call for such election in accord- ance with the law authorizing such submission. Unless other- wise provided by such law, notice of such election shall be given and the election shall be held and conducted by the inspectors and clerks of election in the same manner and the returns thereof shall be made in the same form and manner as in the case of general municipal elections. (Sec. 926-31; Ch. 531, 1907.) Vacancy in mayor's office. Section 17a. A vacancy in the office of mayor shall be filled by the common council, the person selected to hold office until the first Tuesday in April, succeeding, when the vacancy shall be filled by an election. The person so elected by the common council shall be elected in the same manner as the president of the common council. (Sec. 925-31b; Chap. 493, Laws 1907) (NOTE:—It is doubtful whether this section affects Milwaukee. See Chap. 2, Sees. 17, Charter 1905.) City Civil Service. Emergency appointments, notice of; period of, limited. Section 47. In every city of the first class in this state, whether operating under general or special charter, notice of all emer- genc}' appointments to subordinate offices, positions and employ- ment in the several departments of the service of any such city shall be by the respective heads of any such department, within ten days thereafter, forwarded to the common council of any such city; and no appointment shall be made by the respective heads of any such department for a period longer than twenty days, except as provided by chapter 313 of the laws of 1895, and acts amendatory thereof. Ch. 88, 1905. (See subject, pp. 30-39. Charter of 1905.) CHAPTER III. Chap. 3. President of council; election; acting mayor. Section 3a. In cities of the first class the council at its first meeting after its organization biennially shall choose from their number a presi- dent, by viva voce vote upon a roll call, who shall preside over the meetings of the common council during two years. The votepowers of council. 5 by which a president of the council is elected shall be entered Chap. 3. upon the minutes of the proceedings of the council. No election shall be valid unless the vote is so entered. In case of a vacancy in the office of mayor, or during his absence or inability from any cause to perform the duties of his office, the president of the council shall have and exercise all the powers and discharge all the duties of mayor until he shall resume his office or the vacancy be filled by an election. When so acting such president shall be styled "acting mayor," but as acting mayor he shall not have authority to sign or approve any ordinance, rule, regu- lation, claim, resolution, warrant or other proceeding whatsoever which the mayor has refused to sign and communicated his refusal to the council. (Sec. 925-38a; Chaip. 190, Laws 1907.) CHAPTER IV. Common Council—General Powers. Style of ordinances; unfinished business. Section la. In Chap. 4. cities of the first class the aldermen elected from the various wards and the aldermen at large, when elected in any city, shall constitute the common council and the style of all ordi- nances shall be "the common council of the city of- do ordain." The common council shall be a continuing body, and unfinished business pending before it shall not lapse or go down with the council year, but all pending business before the common council, or any committee thereof, at the termination of any council year, shall be considered as pending before the common council of the next succeeding council year, or the corresponding committee thereof, and may be acted upon and disposed of by the council of such succeeding year as if no change in the council had taken place, by the expiration of a council year. (Sec. 925—49a; Chap. 190, 1907.) MAY PROHIBIT GAMBLING Suppression of. Section 3. Sub-Sec. 4a. Chapter 41 of the statutes of 1898 is amended by creating a new section to be known and read as follows: Section 959—71. The common councils of all cities of this state whether organized under the general law or special charters and the board of trustees of all villages and the town boards of all towns, shall have the power6 railway spurs. Chap. 4. to restrain, prohibit or suppress all descriptions of gambling, fraudulent devices and practices and to cause the seizure and destruction of all implements, machines, devices, tables, articles and things manufactured and devised solely for the purpose of playing thereon games of chance for money or other property, and all implements, machines, devices, furniture, articles or things actually found being used for playing thereon or there- with games of chance for money or property, after a judicial determination as to the character or the use of such implements, machines, devices, tables, furniture, articles or things. (Chap. 270, 1905.) (See pp. 56, 82. Charter 1905.) Railway spurs: use of streets, alleys and lanes; city's consent requisite. Section 3, Sub-Sec. 48a. Every railway company ex- isting in whole or in part under any law of the state and operating a railway therein may build, maintain and operate branches and spur tracks from its road or any branch thereof to and upon the grounds of any mill, elevator, storehouse, warehouse, dock, wharf, pier, manufacturing establishment, lumber yard, coal dock or other industry or enterprise, with all side tracks, storage tracks, wyes, turnouts and connections necessary or convenient to the use of the same; and every such company may acquire by purchase or condemnation in the manner provided in this chapter for the acquisition of real estate for railway purposes, other than for its main-track, all necessary roadways and rights of way for such branches, spur tracks, side tracks, storage tracks, wyes, turnouts and connections; and every such company may also acquire, in the same manner, such depot grounds, yards, grounds for round-houses, machine shops, warehouses, store- houses, elevators, docks, wharves and piers as may be necessary and convenient for the enjoyment and use of its road. Provided, however, that if any such branches 'and spur tracks as are men- tioned in this section shall be constructed across, along or upon any street, lane, or alley, at grade or otherwise, within the cor- porate limits of any city, however organized, such branches and spur tracks shall not be so constructed until application therefor shall have been made to and acted upon by the proper authorities of such city. The proper authorities of such city may prescribe any reasonable terms and conditions for the con- struction of any such branch and spur track. The provisions of the preceding section shall not apply so as to affect this section if the branches and spur tracks herein mentioned shall not exceed five miles in length from the main track or any branch of the main road. (Sec. 1831a; Chap. 262. Laws 1907.)ash removal. 7 Meat Market licenses. Section 3, Sub-Sec. 66. The com- Chap. 4. mon council of every city of the first class shall have authority by ordinance to license and regulate meat markets. (Chap. 587. Laws 1907.) Building lines: all cities may establish; engineer's plat. Section 3, Sub-Sec. 67. Whenever the common council of any city * * * shall by resolution decide that the establish- ment of building lines or the taking of the owner's right to build on any specified portion of his realty is necessary for the public use, such common council may establish building lines along and parallel with the street lines of any street or part of street or streets which has been or may be declared to be a boulevard or pleasure-way pursuant to law ; such common council shall by further resolution fix the distance from the street lines at which such building lines shall be located and shall instruct the city en- gineer to make a survey and plat showing the location of the street lines and the building lines with reference to each other; the city engineer shall make such survey and plat and report the same to the common council and shall also further report wheth- er any building or other structure or obstruction is situate be- tween the street lines and the building lines and give a particular description of the same and shall show the location thereof upon such plat. (Sec. 959—asm; Chap. 619, Laws 1907.) (This section applies to Milwaukee, although Chap. 46, Laws 1903, identical with this section, already applied.) Removal of rubbish ; special or general tax therefor. Section 3, Sub-Sec. 68. The common council of all cities and the village boards of all villages are authorized and empowered to cause the removal of ashes, garbage and rubbish from residences, residence premises and such other buildings and premises as may be determined by the common council or village board. It shall be optional with the common council or village board to charge the cost of such removal to the several owners of such residences, buildings and premises, and to assess and tax the cost of removing the' same to the premises or property upon which the said ashes, garbage and rubbish have been produced or ac- cumulated, or from which the same have been removed, and in the same manner as other special taxes are levied and collected, or to provide for such cost by a general tax on all property sub-8 bill boards. Chap. 4. ject to taxation within the city or village limits in the same man- ner as other taxes are levied and collected. (Sec. 927p; Chap. 187, Laws of 1907.) May employ attorneys. Section 3, Sub-Sec. 69. The com- mon council of cities * * * whether organized under the general law or special charters, may employ an attorney to assist the city attorney in, or take charge of, any matter or litigation in which the city is interested, when in the judgment of the common council it is deemed proper to employ such assistants, and may compensate him for the services so rendered. (Sec. 926—160; Chap. 135, Laws of 1907.) Bill boards. Section 3, Sub-Sec. 70. To license and regulate bill boards and may limit the size and determine the location thereof. (Sec. 925—52; Chap. 302, Laws of 1907.) Ordinances signed and attested; affidavits of newspapers filed. Section 4a. In all cities of the first class, whether organized under a special charter or under the general laws of the state for the incorporation of cities, ordinances duly passed by the common council shall be signed by the presiding officer of the common council and attested by the city clerk and shall be ap- proved by the mayor, and shall be published in the official news- papers of such citites before the same shall be in force. Such publication shall be proved by the affidavit of the foreman or publisher of each such newspaper. Such affidavits shall be filed by the city clerk with the engrossed copies of all ordinances so enacted by such common council, and at all times and in all courts and places shall be deemed and taken as sufficient evidence of the time and manner of such publication. (Sec. 1; Chap. 84, Laws of 1907.) (Amends Chap. 4, Sec. 4, City Charter 1905.) Cities of first class relative to laws of 1907. Section 10. Any city of the first class organized under special charter may exercise the powers granted to cities under general laws of 1907 in the manner prescribed by such law and subject to the same limitations. (Sec. 926—42; Chap. 652, 1907.) (See:—Sec. 925—3m. Stats. 1898.)city lighting commissions. 9 City electric power: supply to parties beyond boundaries. Chap. 4. Section 11. Every city which owns and operates * * * a plant for the purpose of furnishing either electric light or power or both may supply either electric light or power or both not only to such city and its inhabitants but also to dwellings or places of business outside the boundaries of such city by means of a line or lines of poles and wires extended outside of said boundaries. CSec. 926—101; Chap. 327, 1907.) (See Chap. 4, Sec. 12—16 ipost.) City lighting commissions; membership, term, etc. Section 12. The common council of any city owning and operating any electric light or electric light and power plant is authorized and empowered to create a board of five commissioners to be known as the public lighting commission of such city, who shall be appointed by the mayor and confirmed by the common council. This act shall become operative in any city on the passage of an ordinance adopting it by a two-thirds vote of the com- mon council-elect. The first appointment of commissioners shall be made at the first meeting of the common council next follow- ing the adoption of such ordinance. Such first appointment shall be made for the term of one, two, three, four and five years, and the commissioners so appointed shall hold office for the term for which appointed, and until their successors are appointed and shall have qualified. After the first appointment, the successors of said commis- sioner shall be appointed for the term of five years, one each year, except when appointment is made to fill a vacancy such appointment shall be for the unexpired portion of said term. Said commissioners shall hold no lucrative offices or employ- ment under the government of the United States, the state of Wisconsin, or the city in which appointed, or any political division thereof; and each commissioner shall, before entering upon the discharge of the duties of his office, within ten days after receiving notice of his appointment, take and subscribe the oath of office prescribed by the constitution of the state, and file the same duly certified by the officer administering it, with the city clerk; no salary or other compensation for his or their services, shall be paid to any such commissioner or commis- sioners.10 city lighting commissions. Chap. 4. Commission: officers, powers, expenditures. Section 13. The said commissioners shall elect viva voce from among their number, a president and a secretary who shall perform the duties usually appertaining to such offices, and such other duties as may be prescribed by said board. The commissioners shall have general supervision and man- agement of all public lighting by electricity in such city, and the establishment of any plant for generating and supplying elec- tricity for lighting and power purposes; and shall have full power and authority to select and purchase sites, and to make, prepare and adopt plans, designs and specifications for buildings, machin- ery, apparatus and appliances for the production of electric light and power in said city, and shall have full power to lay conduits, manholes, erect poles and lamps, and string wires, and do all other requisite and necessary things for the distribution of elec- tricity for lighting and power purposes, when authorized by the common council. Said commission shall recommend the purchase of all tools, supplies and material required in the construction, operation, extension and management of said lighting and power plant, and upon certifying the same to the board of public works, shall let contracts for the same pursuant to the laws governing the letting of contracts now or hereafter in force in said city; provided, however, that the expenditures for the construction, operation, extension and management of said plant and fixtures shall not exceed in any one year the sum realized from the sale of bonds issued by the common council for the construction and extension of said plant, nor any other appropriation made by the common council, in the annual budget or otherwise, for said purpose. City officers to aid; electrician and other appointees; by-laws and accounting. Section 14. The said board of commissioners are authorized and empowered to call upon the city engineer for any service that they may require, in making maps, plats and diagrams of locations of lights, wires, poles and conduits within the city limits; and the city clerk or any other city department shall, upon application of said board, furnish such information as may be required for the discharge of their duties. Said commission is hereby empowered to employ an elec- trical engineer, who shall be known as the city electrician, and such superintendents, steam or other engineers, clerks, agents, and employes, as may be necessary to carry into effect the ob- jects for which said board is created; and to regulate and define their duties, and to fix and prescribe their compensation. Alltracks on bridges and viaducts. 11 such appointments, except that of electrical engineer shall be Chap. 4. made subject to and in conformity with the city civil service laws and regulations. Said board shall have power from time to time to make and enforce by-laws, rules and regulations for the government of all their employes and the proper administration of the affairs of their department, and may alter, modify or repeal such by- laws, rules or regulations, as they shall deem to be for the best interests of the city. Said board shall keep an accurate account of all receipts and expenditures for all purposes connected with the administration of said lighting and power departments and said lighting and power plant, which books shall at all reasonable times be open for public inspection. Board of public works to supervise constructions. Section 15. Whenever said board of commissioners shall adopt any plans and specifications for the erection of any building, the board of public works shall have the immediate supervision and superintendence of the construction, and of the laying of conduits in the public streets and of the necessary excavation, refilling and repaving caused thereby. Commission's reports, estimates and disbursements. Section 16. The said commission shall make an annual report and such other reports required to the common council of all its doings and expenditures in connection with said lighting and power plant, and shall annually certify to the common council and the city comptroller on or before the first day of December the amount of money required for the maintenance of their depart- ment and the contemplated extensions for the next ensuing year. All moneys set aside by the council in the annual budget for the maintenance and extension of said city lighting and power plant, shall be subject to disbursement by said commission upon orders issued by them, payable at the city treasurer's office. (Sec. 926—101j to 926—lOln; Chap. 467, Laws of 1907.) (See Chap. 4, Sec. 11, supra.) Cities may lay tracks on bridges and viaducts. Section 17. All cities are authorized and empowered to lay and maintain tracks for street railways upon and along bridges and viaducts within such cities.12 change prom special to general charter. Chap. 4. Lease of such tracks to companies. Section 18. Whenever any city of the state shall have caused to be laid and maintained tracks for street railways upon and along any bridge or viaduct within such city, such city may, through its common council, by ordinance lease such tracks to any street railway company authorized to operate street railways in such city, upon such terms as such common council may deem proper and expedient. But no exclusive franchise. Section 19. Such common council is prohibited from granting an exclusive franchise for the use of such tracks to a single street railway company, and is prohibited from granting an exclusive franchise to any single street railway company upon any street or streets running toward such bridge or viaduct as to prevent any other street railway company or companies from approaching and operating upon and along such tracks upon such bridge or viaduct. (Sec. 959—301; 959—30m; 959—30n; Chap. 517, Laws of 1907.) (See Bird vs. Detroit, 111 N. W. 860; see Hubbard vs. Ry. Co. 27 Wis., 194.) Repeal. Section 20. Section 925—37a, statutes of 1898. chapter 389, laws of 1905, and chapter 459, laws of 1905, are repealed. This section repeals sections 1 to 7, both inclusive, Chap. 4, Supple- ment Charter 1905. (Gas Inspection). Cities: change from special to general charter—initiative. Section 21. Whenever a petition, signed by not less than ten per cent, of the electors of any city operating under a special charter, shall be presented to the common council of such city, asking that the question of the adoption by such city of chapter 40a, statutes of 1898 and the amendments thereto, or some part thereof, be submitted to a vote of the electors of such city, the common council of such city, at its next regular meeting after the filing of such petition with the clerk of such city, shall provide, by resolution, that the question of the adop- tion of said chapter 40a and the amendments thereto, or some part thereof, be submitted to a vote of the electors of such city, and shall determine a day not less than thirty nor more than sixty days after the passage of such resolution upon which day such election shall be held. (Chap. 230, 1907.)board of public works. 13 Election on issue; notices; ballot form. Section 22. Chap. 4. Notice of election on the proposition of adopting chapter 40a, statutes of 1898 and the amendments thereto, or some part thereof, shall be given by publication of a copy of such resolution in some newspaper published within such city, once each week for four successive weeks, immediately preceding the day of hold- ing such election. Such election shall be conducted in the gen- eral manner in which elections for city officers are conducted and canvassed in such city; and the form of the ballot shall be "for the adoption of chapter 40a" and "against the adoption of chapter 40a." When said petition shall be for only-part of chapter 40a, the ballot shall contain "for the adoption (naming part)" and "against the adoption (naming part)." (Chap. 230, 1907.) Patent from secretary of state. Section 23. If the majority of the votes cast at such election are in favor of the adoption of chapter 40a or some part thereof, the city clerk shall certify that fact to the secretary of state and thereupon a patent shall be issued as provided in section 925—5, the last state or United States census being taken as the basis upon which to determine the classification of such city. (Chap. 230, 1907.) Adoption of general charter : officers to continue. Section 24. Whenever this chapter shall be adopted by a city now incorporated the officers of such city shall continue in office with all the powers herein conferred until the expiration of the term for which they were respectively elected, and until the first Tuesday of May following such expiration, and until their successors are qualified. (Chap. 101, 1907.) CHAPTER V. Board of Public Works. Commissioner of public works: Section 1. In all cities Chap. 5. of the first class, whether organized under a special charter, or under the general law, there is created the office of commissioner of public works.14 board of public works—deputy. Chap. 5. Appointment and term. Section 2. Such commissioner shall be appointed by the mayor and confirmed by a majority of the members elect of the common council, such appointment shall be made upon the third Tuesday in April following the time when this act shall become effective in any city; and the term of office of the person so appointed and confirmed shall begin sixty days after such appointment, unless such appointment has not been at such time confirmed, in which event such term shall begin immediately upon such confirmation. The term shall continue for two years from the date of such appointment and until a successor has been appointed, confirmed and qualified; and once in two years thereafter from the time of such appoint- ment, and on the third Tuesday in April of such year, a succes- sor shall be appointed in like manner to such office, who shall hold said office as heretofore provided. Salary, time, oath, bond, sureties. Section 3. Such com- missioner of public works shall receive a salary to be fixed by the common council of such city, not to exceed the sum of six thousand dollars per annum; and every commissioner appointed under this act shall devote all his time and attention to said office, and shall not during the term of his office be actively engaged in any other business or profession. Such commissioner of public works shall before entering upon the duties of his office take and subscribe the oath of office prescribed by the constitution of the state and file the same duly certified by the official ad- ministering the same with the clerk of such city. He shall furnish bond for the faithful discharge of the duties of his office, in such amount and with such sureties as the common council of such city may prescribe. Deputy; oath, bond, sureties. Section 4. The commissioner of public works shall appoint a deputy commissioner of public works, provided, however, that such appointment shall not be made subject to the civil service laws applicable to the cities to which this act shall apply. Before entering upon the duties of his office, such deputy shall take and subscribe the oath of office prescribed by the con- stitution of the state, and file the same duly certified by the official administering the same with the clerk of such city. He shall furnish a bond for the faithful discharge of the duties of his office, in such amount and with such sureties as the common council of such city may direct.board of public works—departments. 15 Deputy's duties. Section 5. Such deputy shall be authorized Chap. 5. to do all the acts required by law to be done by the commissioner of public works, and he shall in case of the sickness or absence of the commissioner perform all duties imposed by law or the ordinances of the city, upon such commissioner, and shall like- wise be subject to the same liabilities and penalties. Case of vacancy. Section 6. In case of a vacancy in the office of the commissioner of public works the deputy commis- sioner shall have full power and authority, and it is hereby made his duty, to exercise and perform the duties of the commissioner of public works until such vacancy shall be filled by appoint- ment of a successor by the mayor of such city. Such appoint- ment shall be confirmed by a majority of the members elect of the common council of such city, and the appointee shall hold office during the unexpired term of such commissioner. Departments. Section 7. The commissioner of public works shall also appoint a superintendent of sewerage, a superintendent of street construction and repairing, a superintendent of street cleaning and the collection and removal of ashes and garbage, and a superintendent of bridges and public buildings. Superintendents: term, appointment, oath, bond, sureties. Section 8. Such superintendents shall each have charge of their respective departments under the jurisdiction and control of the commissioner of public works. They shall hold office during the term of the commisioner appointing them and their appoint- ments shall be made subject to the civil service law applicable to the cities to which this act shall apply. Each of such superin- tendents shall before entering upon the duties of his respective office take and subscribe the oath of office prescribed by the constitution of this state, and file the same duly certified by the official administering the same with the clerk of such city; and each shall furnish a bond for the faithful discharge of their re- spective duties, in such amount and with such sureties as the common council of such city may prescribe. Additional superintendents. Section 9. The common coun- cil of such city shall by ordinance or resolution provide for the appointment of additional superintendents whenever it may be deemed necessary; provided, however, that the offices of super- intendent created by the common council shall be filled16 board of public works—commissioner. Chap* 5. in like manner and under the same restrictions as provided in the preceding section of this act. Incompetency. Section 10. The commissioner of public works shall have power to discharge the deputy or any of the superintendents for incompetency. Clerks and workmen: discharge, number, pay. Section 11. The commissioner of public works is authorized to employ from time to time^such clerks and workmen as he may deem neces- sary for the discharge of the duties of his office, and any person appointed or employed by such commissioner in pursuance of this act may at any time be removed or discharged for incompe- tency by such commissioner, provided, however, that the maxi- mum number of clerks and workmen shall be prescribed by the common council of such city by resolution or ordinance, and that the salaries or wages for the same shall be fixed likewise in such resolution or ordinance by such common council. Civil service. Section 12. All appointments by the com- missioner of public works except deputy commissioner shall be made subject to and in accordance with the laws of the state respecting the civil service in cities to which this act shall apply. Commissioner: jurisdiction, contract power, duties. Section 13. It shall be the duty of the commissioner of public works to take special charge and superintendence, subject to such ordi- nances as may be lawfully passed by the common council of all streets, alleys, highways, sidewalks, cross-walks, bridges, docks, walks, public grounds, engine houses, and of all other public buildings and grounds belonging to the city or any of the wards of such city, except such public grounds as under the laws of this state are otherwise under the care and supervision of other officers; also of all works for the deepening, widening or dredging of the rivers of said city; of all sewers and the work pertaining thereto; and of all public works commenced or under- taken by such city, except as otherwise expressly provided by law. He shall have power to make contracts in the name and behalf of such city in the manner and under the limitations prescribed by the laws of this state or the charter of any city included within the provisions of this act, and having reference to a board of public works. He shall perform all the duties prescribed by this act, and such duties as are now executed byboard of public works—automobile. 17 boards of public works in such cities to which this act shall apply, Chap. 5. and such other duties as the common councils of such cities may from time to time require. It shall likewise be his duty to super- vise and control the collection, removal and disposal of garbage in such city, subject to such ordinances and resolutions as the common council of such city may adopt. Automobile requisite. Section 14. Such commissioner of public works shall immediately upon entering upon the duties of his office be required to provide at his own expense an auto- mobile for use in the discharge of his duties as such commis- sioner, and the cost of maintenance of such automobile shall be •defrayed by him. Public works board: full succession for commissioner. Section 15. Sixty days after the appointment of a commis- sioner of public works under this act in any city in which this act may become effective, such commissioner of public works shall succeed to the office of board of public works, if such there be in such city, and succeed to all the duties, powers, rights and privileges which such board of public works may have had tinder the laws, and thereafter all such duties, powers, rights and privileges shall be exercised and discharged by such com- missioner of public works. City engineer: relations with commissioner. Section 16. If there be a city engineer in any city in which this act may become effective, who under the law is a member of the board of public works in any such city, if such board there be, such city engineer shall continue in the discharge of his duties in like manner as under previous laws, except that he shall not be a member of the department of public works, but shall discharge his duties under the direction of the commissioner of public works. If any difference shall arise between said city engineer and the commissioner of public works in the discharge of their respective duties, the ruling of said commissioner of public works shall be supreme and final, in all matters excepting those pertain- ing to questions of engineering which may concern the water works of any city to which this statute may apply. Commissioner: trial and dismissal by council. Section 17. Whenever any charge of official misconduct or inefficiency shallig board of public works—salaries. Chap. 5. be preferred against said commissioner of public works, the common council of such city shall hear such charges as soon as practicable after they have been filed with the clerk of such city, whose duty it shall be to communicate the same to the com- mon council; and in case such common council shall deem it necessary or proper for the purpose of such hearing, they may meet and examine witnesses on oath in relation to any such charges. Such oath shall be administered by the city clerk or the president of the common council of such city. Subpoenas may be issued for the purpose of procuring the attendance of witnesses before such common council, and which subpoenas shall state when and where and before whom the witness is required to appear and testify, and may require such attendance forthwith, or on a future day named, and the production of books, records, documents and papers therein to be designated. All such subpoenas shall be signed by the city clerk of such city and shall be issued under the seal of such city, and may be served in the same manner and shall have the same force and effect as subpoenas issued out of the circuit court of the county within which such city may be situated. Any wilful or corrupt false swearing by any witness or person testifying before such com- mon council, or making deposition to any material feet relating to the matter under investigation before such common council shall be deemied guilty of perjury and punished as such in the manner provided by law. The provisions of law with respect to the attachment of witnesses subpoenaed before justices of the peace and compelling attendance of such witnesses to appear and testify before them are hereby applied to the case of witnes- ses subpoenaed before such common council. A majority of all the members elect of the common council of such city shall have power to dismiss such commissioner from office for malfeas- ance or inefficiency in office, upon due hearing as hereinbefore provided. Salaries. Section 18. The common council of such city shall by ordinance or resolution prescribe the salaries for the deputy commissioner of public works and the superintendents, whose offices are* created by this act. City Charters: This act amendatory. Section 19. This act is amendatory of the charters of the various "cities to which it applies or may hereafter become applicable and any provision of such charter inconsistent herewith is hereby modified, amend-vacation of highways. 19 ed or repealed by this act to the extent necessary to give full Chap. 5. force and effect to the intent thereof. This act: consent of council necessary. Section 20. This act shall take effect and be in force from and after the first day of January, 1908, provided that before this act shall be in effect in any city to which it applies, it must first have been approved by a majority vote of the members elect of the common council of such city. (Chap. 297, Laws of 1907.) CHAPTER VI. Cities, 1st class: vacation of public grounds and ways; free- pTTAP g holders' petition therefor. Section la. 1. The common coun- cil of any city of the first class under special or general charter may vacate grounds, waterways, streets and alleys under the provisions of this act. 2. Any ten or more freeholders residing in any ward of such city may present a petition to the common council for the vaca- tion of a ground, waterway, street or alley, or part thereof, within the ward where such petitioners reside, stating the vaca- tion sought and the names and residences of the owners of abutting premises. 3. Every signer shall give a description of his real estate sufficient to show that he is a freeholder and shall state his resi- dence and annex his affidavit that he is a resident and freeholder in said ward and that the names and residences of the owners of the premises abutting upon the property sought to be vacated, so far as they are known to him are correctly set forth in such petition. 4. Such petition shall be valid and effectual although it afterward appear that such signers, or some of them, were not residents and freeholders, or that the names and residences of the owners of the lands so abutting were not correctly stated in such petition. 5. Persons in actual possession of real estate under valid con- tracts of purchase are freeholders within the meaning and for the purposes of this act. Consent of abutters. Section lb. Such petition must be accompanied by the consent in writing of all the owners of property abutting on the premises proposed to be vacated, which consent shall be in a form prepared by the city attorney.20 vacation of highways-—notice to abutters. Chap. 6. Survey and plat. Section lc. 1. Upon the presentation of such petition, the common council shall direct the city engineer to make and file with the city clerk a survey and plat of the pro- posed vacation. Notice to abutters; application for viewers. 2. The com- mon council shall thereupon direct the city clerk to cause notice of such petition to be given owners and occupants of such abut- ting premises, which notice shall contain a description of such abutting premises and the premises sought to be vacated, and shall state that application will be made to the circuit court of the county for the selection of a jury to view such premises and to determine whether the vacation sought is necessary. Such application shall not be less than four weeks after the first pub- lication of notice. Vacation on common council's initiative. Section Id. 1. Any common council by a two-thirds vote of the members elect may proceed, as herein provided without a petition or the consent of abutting owners. 2. Such council shall declare by resolution that it is neces- sary for the public interests so to proceed. No such resolution shall be passed by the common council at the same time at which it is presented and the ayes and nays on its passage shall be taken and entered on the journal of the proceedings of the council. Condemnation: proceedings: council to confirm. Section le. 1. All further proceedings for such vacation shall be taken in like manner as condemnation proceedings in cities acting under general or special charter, except as otherwise provided herein. 2. Before any premises shall be finally vacated under this act the proceedings shall be confirmed by resolution adopted by the vote of two-thirds of all the aldermen elect of such city. Time limit on actions to annul, and on reconsideration. Section If. No action shall hereafter be brought for the pur- pose of annulling proceedings heretofore had for the vacation of any premises in any city unless the same be commenced within one year from the passage and publication of this act, and when- ever proceedings to vacate certain premises under this act shall not be confirmed by the vote of two-thirds of the aldermenhighways—condemnation proceedings. 21 elect as provided in section 926—125o, section lc hereof, no pro- Chap. 6. ceedings for the vacation of the same premises shall be instituted under this act within one year after the rendering of the verdict of the prior jury. Court orders: actions to annul or set aside; statute of limita- tion. Section 1 g. No action shall hereafter be brought or maintained to annul or set aside any final order of any circuit court heretofore made or entered for the vacation of any public grounds, waterway, plat, street, or alley, or any part thereof, where no adverse appearance was made in the proceedings preliminary thereto, nor damages claimed therefor unless such action be commenced within one year from the passage and publication of this act. (Sec. 926—125k to 926—125m; Chap. 569, Laws of 1907.) NOTE:—The legislature must have intended the foregoing sections to take the place of all prior existing laws relating to vacation proceed- ings in cities of the first class. Cities of first class: aldermen's powers in condemnation pro- ceedings. Section 2a. In cities organized under special charter wherein it is provided that for certain purposes, the signature and consent of two or more aldermen of a ward shall be obtained in proceedings for condemnation and in providing for other public improvements it shall be sufficient hereafter to obtain the signature and secure the consent of one local or ward alder- man and the signature and consent of one alderman at large, which shall be a sufficient compliance with the law in this respect and the local committee may be abolished by ordinance. (Sec. 926—41; Chap. 652, Laws of 1907.) NOTE:—The above section also applies to Chap. 7, Sec. 6, Charter 1905. Counties with cities, first class: clerks' certifications of high- way proceedings; penalty. Section 2b. In any county contain- in a city of the first class, it shall be the duty of the county, city, village or town clerk to certify to the register of deeds all proceedings before the county, village or town board or common council of any city to lay out, widen, extend or vacate any street,, alley, water channel, park, highway or other public place, and the order made therein, within ten days after the making of such order. Any county, city, village or town clerk, who shall neglect to comply with the terms of this act shall be guilty of a misde- meanor. (Sec. 1273a; Chap. 292, Laws of 1907.)22 taking land for public use. Chap. 6. TAKING LAND FOR PUBLIC USE. Jury, eminent domain. Section 3a. Whenever in any such city the requisite number of jurors shall have been summoned to appear before any court or judge to be sworn and serve as a jury to view lands for the purpose of determining the necessity of taking the same for public use, or vacating any highway, streets, alleys or public grounds, and part of them shall have appeared before said court or judge for the purpose of taking the proper oath or affirmation and others shall fail to attend or be excused, the court or judge shall forthwith appoint the re- quisite number of other qualified jurors to serve in the place of such so excused or failing to attend. Any juror so appointed may be examined by any person present and interested in such taking or vacating, and if it shall appear to the court or judge that any such juror or jurors are disqualified to act he or they shall be excused and a number of other jurors shall be thereupon appointed until the requisite number shall be obtained; and the said jurors shall, before they proceed to view the premises pro- posed to be taken or vacated, severally take and subscribe an oath or affirmation before the court or judge that they will faithfully and honestly discharge the duties imposed upon them and determine whether or not it is necessary to take or vacate the premises in question. Whenever any such jurors shall have met for the purpose of hearing persons interested and some of such jurors are absent at the time set for such hearing and for one hour thereafter, the jurors present shall have power to publicly adjourn to the same place for a period not exceeding twenty days, and the city attorney shall report the names of such absent juror or jurors to some police officer of the city, together with the place and the hour to which such jury has adjourned, and such police officer shall thereupon notify said absent juror or jurors of such adjournment and direct them to be present at the time and place fixed at the time of such adjournment. Note: Consult in connection with section 3 p. 105. Charter 1905. (Sec. 926—6; Chap. 198, 1895.) Filing notice of proceedings to take land. Section 3b. Every person who makes an application to any court, county board, common council, or village board for laying out, widening, vacating or extending any street, alley, water channel, park, highway or other public place shall, at or prior to the time of filing the same with the proper officer, file a notice of the penden- cy of such application, containing his name and a brief statementpark lands—lease, exchange. 23 of the object thereof and a map and description of the land to Chap. 6. be affected thereby in the office of the register of deeds of each county in which any such land is situated. Neglect to comply with these provisions shall render all proceedings based upon such application void, but no order vacating, or proceedings for the vacation of any street, alley, water channel, park, highway or other public place, heretofore made or had, shall be void solely by reason of the failure to file such notice of the pendency of such application, map and description. No final order, judgment or decree or final resolution or order taking or affecting such land, baseed upon any application therefor, shall have any effect or be notice to any subsequent purchaser or incumbrancer un- less a certified copy thereof, giving a full and accurate description of the land affected thereby, and accompanied with a map show- ing the location thereof, be recorded in the office of the register of deeds of the county in which the land is situated. A resolution or order made by any such body, whereby any land shall be taken or affected without an application having been made therefor, shall have no effect and shall not be notice to any subsequent pur- chaser or incumbrancer unless such resolution or order be re- corded. (Chap. 227, 1905.) .NOTE:—See p. 121, Charter 1905. CHAPTER VI a Park Lands—Lease, Exchange. How acquired. Section 11a. Section 11 of chapter 488 of Chap. 6a. the laws of 1889 is hereby amended so as to read as follows, to-wit: Section 11. The provisions of chapter 6, of chapter 184, of the laws of 1874, being the charter of the city of Milwau- kee, and the several acts amendatory thereof, are hereby so amended and enlarged as to authorize said city through said board of park commissioners, subject to approval by a majority vote of the common council to take and acquire by purchase, or by lease with the privilege to purchase, by agreement with the owner, in addition to, or in place of the lands to be paid for from the proceeds of said bonds, lands and property for the pur- pose of establishing the parks herein provided. * And all such lands so purchased for park purposes as aforesaid, whether actu- ally dedicated and in use for park purposes or not, may be sold and disposed of by said city of Milwaukee but the proceeds of all such lands so sold shall be invested in other lands for park purposes to be acquired according to the provisions of this chap-24 park commissioners. Chap. 6a. *er> anc^ sa*d Milwaukee shall have power to exchange lands purchased for park purposes, whether actually used for such purposes, or not, for other lands to be used for park pur- poses, when in the judgment of the board of park commissioners and the common council of the city of Milwaukee said exchange would be in the interests of the public. (Chap. 372, 1905.) Note.—This enactment seems to conflict with the provision of Section 31, Art. IV, of the constitution, which prohibits special legislation. Burnham vs. Milwaukee, 98 Wis., 128, 135. Where in condemnation proceedings by a railroad company, it appears that it can locate its road between the termini without invading a public park, the taking is not permitted. In re Milwaukee Southern Ry. Co., 102 N. W., 401; 124 Wis. 490. Additional Powers of Park Commissioners. Between side walk and curb—park commissioners to control. Section 925—171a, The park commissioners of all cities shall under the direction of the common council have the same juris- diction and control for park purposes over that part of public streets, lying and being between the curb and the sidewalk as such commission have over the public parks and may cause trees to be planted and cared for, and the proper surface to be sodded, planted or otherwise cared for in the same manner park lands are cared for. (Chap. 493, 1907.) Section number is omitted and above section may be properly placed in any portion of Chap. 6a. Charter 1905. Park and boulevard tax; rate, fund, uses. Section 1. The common councils of all cities of the first class are hereby author- ized and directed to include in the tax levy of each year upon all taxable property of any such city, at the same time and in the same manner as other city taxes are levied and collected by law a special tax not exceeding seven-and-one-half tenths of a mill upon each dollar of the assessed value of said taxable property, the amount of which tax shall be determined by the board of park commissioners of such city, and certified to the common council and the city comptroller at the time of making their annual report to such common council, and the entire amount of such special tax shall be collected, paid into and held in the city treasury as a separate and distinct fund to be known as the park and boulevard fund, and shall not be used or appro- priated directly or indirectly for any other purpose than forlake front improvements. 25 the improvement, maintenance and control of the public parks Chap. 6a, and boulevards of such city, and for the payment of the salaries of the employes and other proper expenses of such board of park commissioners, provided that of the said special tax levied and collected in any such city, one-tenth of a mill upon each dollar of the assessed value of its taxable property shall be used each year by its board of park commissioners solely for the purpose of filling in and improving as a public park or boulevard any strip of submerged land granted or which may be granted to said city to be managed, controlled and improved by its board of park com- missioners. (Chap. 249, Laws of 1907.) No section number is given to the above law. It amends Chap. 179, Sect. 6, which appears under Chap. 6a (Page 129.) Charter 1905. Milwaukee lake front park improvements. Section 1. Chap- ter 197 of the laws of 1893, as amended by chapter 200 of the laws of 1897, is amended by adding thereto a section to be known as section 4 and to read: Section 4. The board of park com- missioners shall annually expend and use in the filling in and improving of said strip of land hereby granted, so as to make the same into a public park or boulevard, a sum not less than the amount specified in chapter 249 of the laws of 1907, arising from a tax of one-tenth of a mill upon the taxable property of said city set apart to be used for filling in and improving sub- merged lands placed under the management and control of park commissioners. The Chicago and Northwestern Railway company, its suc- cessors and assigns, shall, as fast as the aforesaid strip of land shall be made into a public park or boulevard remove or cover the breakwater erected or maintained by it along said park or boulevard, sod and keep sodded the land and embankment lying between its easterly right-of-way, as described in the several conveyances thereof, and said easterly face of said railroad break- water along said strip, and shall otherwise embellish and improve the same in accordance with plans therefor to be prepared and submitted by said board of park commissioners. (Chap. 608, Laws of 1907.) No section number is given to the above law. It amends Chap. 197, Laws of 1893, as amended by Chap. 200, Laws of 1897.26 CITY IMPROVEMENTS AND GENERAL ASSESSMENTS. CHAPTER VII. City Improvements and General Assessments. COST OF STREET IMPROVEMENTS. Chap. 7. Improvements; when city unable to collect a special assess- ment. Section 2a. In cities of the first class as defined by section 926, subdivision 1 of the statutes of 1898, when a contract shall be entered into by said city for any street improvement, and the contractor shall agree to be paid by special assessments, and the improvement so contracted for shall be completed and accepted by the city, and said city shall, for any reason, be unable to collect said special assessment or any part of any of said special assessment at the time when it would regularly collect the same, and be thereby unable, to pay the cost of said improve- ment in the manner agreed, then said city shall pay the cost of said improvement to the said contractor or to the person entitled to receive the same out of the same fund and at the same time that it would be by law required to pay the excess of the cost of any improveement over the special benefits assessed. And in any appeal, action or proceeding now pending or which may hereafter be instituted, wherein a final determination of the same may result in discharging any property from a part or all of any assessment for any street improvement, payment of that part of the cost of such improvement which is represented by the amount of such assessment so discharged, shall be made by the city out of the same fund and at the same time as provided by law when the cost of an improvement shall exceed the benefits assessed. (Ch. 203, 1905.) (See pp. 152, 160, charter of 1905.) Cities may collect cost of improvements. Section 2b. Sec- tion 927 of the statutes of 1898, as amended by section 1 of chapter 169 of the laws of 1903, is hereby amended by adding after the word "city" in the 6th line thereof as printed in the statutes of 1898, the words: whether acting under the general law or under a special charter, and by adding after the word "square" where it occurs in the 9th line of said section, and where it occurs in the 11th line of said section as so printed, the word: park, and, by adding at the end of said section the following: and the board of trustees of any such village and the common council of any such city, is hereby authorized and empowered to levy and collect the expense, including all damages and costscontractor's certificate. 27 incurred for the taking of private property as provided in this Chap. 7. section and in said sections 895 to 904 inclusive and the acts amendatory thereof, and the expense of improving the same, either in the manner provided in section 903 of the statutes of 1898, or in the manner provided in sections 925—190 to 925—197a inclusive of the statutes of 1898, for the payment for street im- provements, as such board of trustees or common council may determine, so that said section, when so amended, shall read as follows: Section 927. Every village incorporated under special law shall be taken as embraced within the provisions of section 870, and additions to its territory may be made in the manner prescribed, and its board of trustees shall also possess the powers conferred by section 892. The board of trustees of every such village and the common council of every city, whether acting under the general law or under a special charter may exercise all the powers conferred on village boards by sec- tion 895 to 904 inclusive and may proceed in the manner therein prescribed to lay out and open, change, widen or extend any street, lane, alley, public ground, square, park or other place, or to construct or open, alter, enlarge or extend any drain, canal or sewer, or alter, widen or straighten any watercourse, or take any ground for any street, lane, alley, public ground, square, park or other place, or for sewers or drainage purposes, or for the use or improvement of a harbor, as well as by the provisions of their respective charters; and the provisions of the sections aforesaid shall be taken as applicable to such cities and villages, and the board of trustees of any such village and the common council of any such city is hereby authorized and* empowered to levy and collect the expense, including all damages and costs incurred for the taking of private property as provided in this section and in said sections 895 to 904 inclusive and the acts amendatory thereof, either in the manner provided in section 903 of the statutes of 1898* or in the manner provided in sections 925—190 to 925—197a inclusive of the statutes of 1898, for the payment for street improvements, as such board of trustees or the common council may determine. (Chap. 394, 1905.) See p. 160. Charter 1905. CONTRACTOR'S CERTIFICATE. Section 13a. And if the amount thereof shall not be paid before the time of making out the annual tax list, the same shall be assessed upon said lots or parcels of land respectively, and col- lected for the use and benefit of the holders of such certificates. as other taxes on real estate are collected, as provided by law;28 re-atssessment of special assessments. Chap. 7. and no informality or error in the proceedings, not going to the ground work of the tax shall vitiate such assessment. All cer- tificates issued under and in pursuance of any of the provisions of this chapter, shall be liens upon the lots or parcels of land against which the same shall respectively be chargeable, from and after the time when such certificates shall be countersigned and registered by the city comptroller. Such certificates shall draw interest at the rate of 25 per cent, per annum upon the amounts named in the same, from the time when such ldts or lands shall be sold by the city treasurer, as required by law, for and on account of such certificate liens; and may be transferred by the person or persons to whom the same may be issued, by the endorsement of his or their names thereon; and such trans- fer shall in no way affect or impair the lien given by this act, but shall transfer to the assignee all the rights of the assignor. (Sec. 13, Chap. 308, 1882, p. 935. See p. 160, city charter 1905.) RE-ASSESSMENT OF SPECIAL ASSESSMENTS. How done. Section 49a. Section 1210d of the statutes of 1898, amended by chapter 9 of the laws of 1901, and as amended by chapter 19 of the laws of 1901 as amended by chapter 276 of the laws of 1903, is hereby amended so as to read as follows: Section 1210d. Where the work of constructing any sewer or grading, graveling, planking, macadamizing, paving or re-paving any street or alley, or part thereof, or the curbing of or sodding along any sidewalk or the paving of any gutter or the building or repair of any dock in any city has been done, or may hereafter be done, and any special assessment has been or may be made against any property for such work, and such special assessment or any special assessment certificates, tax sale, tax sale certificate or special improvement bond based thereon is invalid because of such work having been done without authority of law, or for failure to make a proper assessment of benefits and damages, or to observe any provision of law, either in adopting any part of chapter 40a of the statutes of 1898, or otherwise, or because of any act or defect in the proceedings upon which such assessment, certificate, sale or bond is based, or because of any provision contained in the contract for doing such work not authorized by law, or because such contract was made by a foreign corporation without having first complied with the provisions of section 1770b of the statutes of 1898, as amended, the city authorities, shall proceed to make a new assessment of benefits and damages in the manner required by law. At the timere-assessment of special assessments. 29 of making such new assessment, in case where the contract under Chap. 7. which such work was done contained any provision not author- ized by law, and which tended to increase the contract price for doing the work, said authorities shall determine the propor- tion of such contract price justly chargeable against the property in question for such work and assess the same against such prop- erty. In any case where a new assessment is made under this act, the owner of property affected thereby may appeal from such assessment and determination. The cost of such work done pur- suant to and at the price fixed in such contract or the proportion thereof determined as aforesaid to be justly chargeable on ac^ count of such work, not exceeding the amount of the excess of benefits over damages as ascertained by such new assessment, is hereby made a lien upon such property, and a certificate to that effect shall be issued by the proper city authorities to the holder of the invalid special assessment certificate or tax sale certificate aforesaid upon surrender thereof or proof that it has been canceled, or where such special assessment certificate has not been issued or delivered then to the person, who would have been entitled to such special assessment certificate, if such valid assessment, contract or proceedings had been regular and valid, and the excess in the amount of such invalid certificate over such new certificate, if any, shall be paid to such holder, or person, out of the proper fund. And when under such original assess- ment special improvement bonds have been, or might be issued, and as soon as the amount chargeable to the property benefited is finally determined by such new assessment, notice shall be given as provided for in section 925—191 of the statutes of 1898, and when so given and thirty days have elapsed after the giving of such notice, the common council may issue new special im- provement bonds in lieu of such original bonds to the holder thereof upon surrender of the same, or where such original bonds have not been issued or delivered then to the person who would have been entitled to such original bonds, if such invalid assess- ment, contract and proceedings had been regular and valid, for the amount of such new assessment remaining unpaid, such new bonds to bear interest at the same rate as the original bonds and to be redeemed, enforced and collected in the same manner as provided for in chapter 40a of the statutes of 1898, and the excess in the amount of such invalid special improvement bonds, if any, over such new bonds shall be paid to such holder or person out of the proper fund, and when new certificates are issued, the same shall be carried into the annual tax roll of city taxes levied against such property, collected as a tax and paid to the holder of such new certificate in the manner provided30 sewers. Ciiap. 7. by law for the payment of special assessment certificates. In case of appeal from such new assessment or such determination, or both, the proceedings herein mentioned shall take place as if no appeal had been taken; but if the appellant succeed and the amount of such new assessment exceeds the amount finally ad- judged on such appeal the city shall pay such excess with interest thereon from the time such new bond is issued. In all cases where the invalidity of any such special assessment, special assessment certificate, tax sale, tax sale certificate or special improvement bond is caused by reason of such work having been done without authority of. law or by the failure of the common council to pass a valid ordinance adopting any part of chapter 40a of the statutes of 1898, or by reason of having omitted from such ordinance any part or parts of said chapter 40a, no new assessment of benefits and damages as hereinbefore provided for shall be had or made unless an ordinance shall have been first duly passed, adopting as a part of the city charter all the essential provisions of said chapter 40a, relating to city improvements, so as to be in force at the time of making such new assessment. After the passage of such ordinance, all pro- ceedings taken for a new assessment of benefits and damages shall be as valid and effectual for all purposes as if taken before the doing of the work. No proceeding shall be had under the provisions of this section for the re-assessment of any tax or assessment after the expiration of three years from the time the original tax or assessment was set aside or declared void. (Chap. 501, 1905.) CHAPTER VIII. SEWERS. IMPROVEMENT BONDS. Chap. 8. Cities operating under special charter may. Section 9a. All cities of this state, operating under a special charter which does not contain any provisions covered by the provisions of this act, may when a contract is let for the construction of any sewer or drain, and such work or a portion thereof is chargeable to the real estate abutting thereon or benefited thereby, the council of such city may provide that the amount so chargeable may be paid with certificates against the lots, or in special improvement bonds or the proceeds of the sale of such bonds, or that payment may be in part made in certificates, part in cash and part in special improvement bonds or the proceeds thereof.sefweoels—bonds. 31 Notice of issue of bonds. Section 9b. As soon as the amount Chap. 8. chargeable to the real estate is finally determined, the council may cause a notice to be published in the official newspaper, substantially in the following form: "IMPROVEMENT BONDS FOR SEWERAGE ASSESSMENTS." Notice is hereby given that a contract has been (or is about to be) let for.....................(describe the work and street) and that the expense of said sewer or drain chargeable to the real estate has been determined as to each parcel of said real estate, and a statement of the same is on file with the city clerk. It is proposed to issue bonds chargeable only to the real estate to pay the special assessments, and such bonds will be issued covering all of said assessments, except in cases where the owners of the property file with the city clerk within thirty days after the date thereof, a written notice that they elect to pay the special assessments, or a part thereof, on their property, describing the same, on presentation of the certificates. Bonds, how affected; recitals. Section 9c. After the expira- tion of said thirty days, the council may issue sewer bonds covering all the assessments, except such as the owners have filed notice of election to pay, as provided in the preceding section. Said bonds shall be signed by the mayor and clerk, be sealed with the corporate seal of the city, and contain such recitals as may be necessary to show that they are chargeable only to particular property, specifying the same, and the number and amount of said bonds, and such other provisions as the council shall think proper to insert; such bonds shall in no event be a general city liability. Bonds; term, interest. Section 9d. Said bonds shall be semi- annual interest coupon bonds, payable in annual installments, the last of which installments shall be payable at such time as the council may determine, not exceeding ten years from the first day of March next ensuing, and shall draw interest at a rate not exceeding six per cent, per annum, payable semi-annually. Any portion or annual installment of said bonds may be sold by the council at not less than par, and the proceeds, when collected by the city treasurer, shall be credited to the special fund and may be paid to the contractor for work when such proceeds are due him and the council shall so direct, or the contractor may take such bonds as payment for the work done at their par value, with accrued interest, with the permission of the council,32 seweirs—bonds. Chap. 8. and in case said bonds cannot be sold for a rate of interest of six per cent, or less, the contractor shall accept said bonds at par, as part payment for the doing of said work. Statement of special assessment. Section 9e. The city clerk shall carefully prepare a statement of the special assessments on which the bonds are issued, and record the same, together with a copy of said bonds, in his office. Interest out of special fund. Section 9f. The city treasurer shall, out of the special fund hereby created for that purpose, pay the interest on and the principal of said bonds as the same become due and charge the same to said fund. Annual tax levy. Section 9g. In each year after the issuing of said bonds, until all of them are paid, when the tax roll for the year is prepared, sufficient of the special assessment on each parcel of land covered by said bonds to pay he annual install- ment of the principal and the interest on the amount of said special assessment, then unpaid, shall be extended on the tax roll as a special tax on said property, and thereafter this tax shall be treated in all respects as any other special tax, and when' collected the same shall be a special fund for the payment of such bonds and interest, and shall be used for no other purpose. Any bondholder or bondholders may redeem from any tax sale, as fully as if owners of the land, under section 1165. Sections of statutes applicable. Section 9h. Sections 925— 197 and 925—197a are hereby made applicable to this act as if the same were herein specifically set forth. Notice of payment. Section 9i. In case any property owner shall have filed a notice electing to pay his special assessment, the same shall become due and payable at any time after the expiration of thirty days from the giving of the notice mentioned in section 2 of this act, and in case of failure to make the payment according to such election, said city shall issue a special assess- ment certificate in the manner provided in its charter for the con- struction of sewers and drains, which said certificate shall draw interest at the rate of six per cent, from the time of the sale of the special sewer bonds if any are issued, otherwise from the date of the certificate, and the contractor shall receive said certificate as part payment for the construction of said sewer or drain. (Chap. 453, 1905.)HARBORS AND RIVERS. 33 CHAPTER IX Harbors and Rivers. Removal of obstructions. Section la. The common coun- Chap. 9. cil of every city, or board of trustees of every village, in this state, are hereby authorized to remove any boat, water craft or float obstructing or interfering with the free use for navigation of any river, canal, water channel, or slip within its harbor after having given reasonable notice to the owner or agent, if known and a resident of the state, to so remove such boat, water craft or float; and may by ordinance or resolution authorize and em- power the harbor master, or other public officer performing such duties, to remove such obstruction; and to designate and pre- scribe his duties, and the manner and form of carrying into effect the powers hereby granted and provide penalties for the violation thereof and failure to comply therewith. Costs a lien. Section lb. All costs, charges and expenses of moving any boat, water craft or float shall be a lien on said boat, water craft or float, and the proper officer or officers of every city or village are authorized and empowered to enforce the payment of such lien in the manner provided by law. The owner or owners of any such boat, water craft or float shall also be personally liable for such costs, charges and expenses, to be recovered by such city or village by a suit as in personal actions. (Chap. 279, 1905.) INNER HARBOR IMPROVEMENTS. Duty of Council. Section lc. Whenever the United States government has indicated its intention to aid in the improve- ment of any inner harbor, situated within the limits of any city in this state, then it shall be the duty of the comimon council to cause the chief engineer, board of public works, or other official, as the case may be, in charge of public improve- ments, to prepare without unreasonable delay and submit for the approval of the common council a plat covering a complete system, of waterways, canals, slips, revettmients, docks and bridges intended to be constructed or improved, showing the exact location of all docks and bridges then built and encroach- ments upon the harbor lines if any, and plainly indicating the changes and improvements which may be deemed necessary or advantageous in the interest of navigation or the community at lar pre.34 harbors and rivers. Plat; plan of improvement. Section Id. In preparing such plat and adopting such system due regard shall be paid to harbor lines such as may have been established by the government and the location of turning basins when thus recom- mended; also to present docks when of modern construction and to all valuable improvements bordering on the waterways, as long as not a serious impediment in straightening, regulating and establishing the channel at an approximately uniform width. All of said work is to be done with a view of adapting such inner harbor to modern demands, dredging everywhere to a depth of not less than 21 feet and the eventual substitution of lift bridges in place of the old structures now in use. Plat, subject to U. S. government. Section le. The plat thus prepared when favorably acted upon by the common council shall be forthwith submitted for approval or correction to the U. S. government and shall be open to changes and modifica- tions as circumstances may require; but, when finally perfected and approved, the common council shall cause such plat to be filed in the office of the board of public works or other appropriate department and a duplicate shall also be recorded with the register of deeds of the county; and thereupon the com- mon council shall promptly and permanently locate by ordinance all dock lines and revettments in conformity thereto. Duty of city after improvements made. Section If. After the establishment of such system of improvement and the permanent location of dock lines as aforesaid, it shall be the duty of the city from time to time, and in the manner herein provided, to order the construction of the turning basins and the straightening, docking and dredging of the waterways, canals and slips as public interests may require. Work: how ordered and done. Section lg. All work shall be ordered and done in substantially the same way as is now provided by law in case of streets and public highways, and all charter provisions whether general or special shall be applicable thereto, with the exception that a petition of property owners for doing any of such work is dispensed with, whenever the common council by resolution of two-thirds of its members declare that necessity requires the same to be done. Land how acquired. Section lh. Any land needed for any of the purposes contemplated by this act may be taken or acquired by gift, grant, purchase or condemnation as in other cases. (Chap. 97, 1905.)water works. 35 CHAPTER X. Water Works. SURPLUS EARNINGS WATER WORKS. How disposed of. Section 7a. The common council of any Chap. 10. city of the first class, whether operating under a general or special charter, owning and operating a water plant or system may by resolution duly passed appropriate the surplus earnings of water works, plant or systems to the general fund, provided, however, that in case there is a bonded indebtedness against said water works, plant or system, then and in that case not any of such surplus earnings shall be appropriated and used as above stated, unless there is on hand a sufficient sum of money to pay two years installment on principal and interest. Provided, that the amount of surplus earnings of such waterworks so appor- tioned, shall not exceed the amount such city shall have raised by general taxation and expended in the construction of such waterworks system, or in payment of bonds issued for the con- struction thereof, with interest thereon from the time such money was so expended or paid at the then current rates of interest or at the rate of interest such bonds shall have borne. Section 7b. Whenever the surplus water fund of any such city is sufficient or shall exceed the sum required to pay two years installment on principal and interest of its bonded indebt- edness then and in that case the common council in any such city may by resolution or ordinance exempt the various city de- partments, public schools, parks and fountains of such city from paying water rates. Section 7c. The provisions of any such city charter and all laws special or general inconsistent or in conflict herewith are hereby modified, amended or repealed to the extent necessary to give effect to the intent and purposes of this act. (Chap. 469, 1906.) FORMER TRANSFERS LEGALIZED. Section 7d. All proceedings had and taken by the common council or other officer of any city of the first class, whether operating under general or special charter, wherein and whereby any money belonging to the water fund of such city, has been transferred to the general fund of such city and used by such city for lawful, municipal purposes, are hereby ratified and de- clared to be legal, valid and binding. (Chap. 80, 1905.)36 public debt. CHAPTER XI. Public Debt. Chap. 11. Numbering and signature of bond; statements on its face. Section 4a. All bonds hereafter issued by cities of the first class, whether organized under general or special charter, shall be numbered consecutively in such manner as the common coun- cil of such city may by ordinance prescribe; shall be signed by the mayor and clerk, sealed with the corporate seal, counter- signed by the comptroller, and attested by the commissioners of public debt of said city, and each and every bond issued shall show on its face for what purpose and by what authority it was issued, and shall have plainly engraved or printed in figures on some convenient place thereon, a statement of the several amounts of the assessed value of the taxable property in such city for the five several years next preceding the issue of such bonds, and also of the principal sum of the bonded debt of any such city issued and yet outstanding—exclusive of bonds here- tofore issued by cities of the first class to railroad companies— including the issue of which the bonds bearing such statements shall be a part. (Chap. 86, Laws of 1907.) The foregoing section is indentical with sec. 4, chap. 11, city charter 1905. The purpose of its enactment is a mystery. Cities, special charter: bonds for parental schools. Section 16, Sub-Sec. 3a. For the erectionr construction and completion of school buildings and the purchase of school sites, and for the erection, construction and completion of buildings for a parental school and the purchase of a site and other necessary lands for the same. (Sec. 926—11; Chap. 114, Laws of 1907.) City buildings for different purposes; single bonding vote legalized. Section 16a. When any bonds heretofore issued by any city under sections 926—11 and 943 of the statutes and acts amendatory thereof, for the purchase of a site and the construc- tion or a building for two or more separate purposes as set forth in section 926—11 of the statutes, the proposition of their issue for such purpose having been submitted to the people of such municipality and adopted by a majority voting thereon, are here-educational department—public schools. 37 by declared to be valid, legal and binding in the same manner as Chap. 11. if the proposition for their issue had been voted on separately, (Sec. 943g. 1; Chap. 443, Laws of 1907.) Popular initiative required for election on bonding. Section 19a. The provisions of this section shall not apply to the issuing of bonds by any city of this state for street improvements, school purposes, water works, electric light works, gas works, hospitals, sewerage, parks and public grounds, unless within thirty days after the passage by the common council of the city of a resolu- tion or ordinance authorizing the issuing of bonds for such pur- poses there shall be filed in the office of the city clerk a petition in writing signed by not less than ten per cent, in number of the voters who voted in said city at the last general state election, asking for a submission of the question of issuing such bonds to a vote of the people, in which case such question shall be sub- mitted as provided for in this section; and, in case the common council of any city has heretofore, by resolution or ordinance, authorized the issuing of any bonds for said purposes, the elec- tors of such city shall have thirty days within which to file such petition after the passage and publication of this act. Funding or refunding an exception. Section 943-8. This * * * section shall not apply to the issuing of bonds for the funding or refunding of existing indebtedness or liability under chapter 228 of the laws of 1903, or of chapter 277 of the laws of 1903, or any acts amendatory of either. (Sec. 943—7; Chap. 208, Laws of 1907.) See Chap. 11, Sec. 19, (page 228), Charter 1907. CHAPTER XII. Educational Department—Public Schools. School board: members; oath. Section 1. The public Chap. 12. schools of every city of the first class, whether organized under general or special charter, shall be under the general manage- ment, control and supervision of a board of school directors, con- sisting of fifteen members from the city-at-large, selected as pro- vided in this act. No person holding any office in any political organization, or any lucrative city, county or state office other than a judicial office or that of notary public, shall be eligible to38 educational department—commission. Chap. 12. be a member of such board of school directors. The members of every such board of school directors shall, before entering upon the duties of such office, take and subscribe to the oath of office prescribed in the constitution of this state, and shall file the same, duly certified by the officer administering the same, with the city clerk. Board election: date, ballots, boxes. Section 2. The board of school directors of cities of the first class in Wisconsin shall consist of fifteen members, who shall be qualified voters of such city, w*ho shall be elected as hereinafter provided at a school election to be held biennially on the first Tuesday in April, the first regular election under this act to be held on the first Tues- day in April, 1909. The school election shall be held at the same time and place and under the charge of the same election officials as the election of judges or other officers held on the same date; but unless the voting is by voting machines, separate ballot boxes shall be provided to receive the ballots for members of the board of school directors, which ballots shall be prepared and supplied to the election officials in the same way as other ballots are pro- vided and supplied for other elections. At such school elec- tions the candidates receiving the greatest number of votes for the several positions shall be declared elected. A commission to appoint board at once; elections following, regular or special; vacancies. Section 3. Within five days after this act shall become effective in any city, the mayor, the city treasurer, the city comptroller, the city attorney and the presi- dent of the common council of such city, acting as a commission for such city, of which commission the secretary of the board of school directors or board of school commissioners, or of such board of education as such city may have, shall act as secretary, shall meet and appoint fifteen members of the board of school directors. Five of the directors so appointed shall be appointed to serve from the first Tuesday of the month next following their ap- pointment until the first Tuesday of July next following the first regular school election to be held in any city to which this act will apply; five of the directors so appointed shall be appointed to serve from the first Tuesday of the month next following their appointment until the first Tuesday of July next following the second regular school election to be held in any city to which this act will apply; and five from the first Tuesday of the month next following their appointment until the first Tuesday of Julyeducational department—commission. 3 c next following the third regular school election to be held in any Chap. city to which this act will apply; and at the school elections to be held on the first Tuesday in April preceding the expiration of the terms of those members so appointed, their successors shall be elected by the qualified voters of such city to serve for the term of six years or until their successors are elected and qualified. Within ninety days after such appointees shall have entered upon the duties of their office the common council of such city may by resolution concurred in by a majority of the members- elect thereof provide for a special school election to be held in such city to elect successors to such appointees; five of the di- rectors so elected to be nominated and elected to succeed the five directors appointed for the term expiring on the first Tuesday of July next following the first regular school election to be held in such city; five of the directors so nominated and elected to succeed the five directors appointed for the term expiring on the first Tuesday of July next following the second regular school election in such city; and five of the directors so nominated and elected to succeed the five directors appointed for the term ex- piring on the first Tuesday of July next following the third regular school election in such city; the respective terms of office of such directors so elected at such special election shall ter- minate at the respective times when the terms of office of their predecessors would have terminated if no special school election had been called and held; in the event of such special school election in any city to which this act will apply, the terms of office of the directors-elect shall begin on the first Tuesday of the month next following such election. In the event such spe- cial school election be called by the common council of any city as hereinbefore provided, it shall be held at the polling places, in the manner and under the charge of the election officials, bal- lot clerks, inspectors, etc., as the regular school elections to be held under this act; and nominations for such special election shall be made and had in like manner as provided for the regular school elections under this act; provided, however, that no such resolution for the calling of a special school election under this act shall be introduced except at a regular meeting of the council, and no action shall be taken thereon before the next regular meeting thereof, nor until such proposed resolution shall be pub- lished at least once in an official city paper if there be one; and if there be none, in some newspaper to be designated by the council, together with a notice of the times said resolution will be considered.40 educational department—board. Chap. 12. All vacancies in the said board of school directors caused by death, resignation, removal or resulting from any cause, shall be filled by the board, a majority of the remaining members be- ing necessary to a choice. Members so elected by the board shall serve until the first Tuesday in July following the next school election, at which election the vacancies shall be filled for the unexpired terms in the same manner as members are elected for the full term. Provided, that the members of boards of school directors or of such board of education as such city may have in office when this act becomes effective in any such city, shall hold their offices until the time for newly appointed members to assume their duties as provided heretofore in this section, or until their successors so appointed are qualified, and during such period shall continue to exercise all the rights and privileges and discharge the duties devolving upon members of the board of school directors under the provisions of this act. Nominations to be by petition, without party names. Sec- tion 4. The nomination of candidates to be voted for as mem- , bers of the board of school directors shall be by petition, and any person on whose behalf a petition shall be presented to the proper officials not less than ten days before the date of such school election, signed by not less than five hundred qualified voters of the city, shall be entitled to have his name placed upon the ballot to be voted for as a member of such board of school directors. Nominations for members of such board shall not be under any party designation, but shall be "for members of the board of school directors for the full term" or "for member of the board of school directors for two years, to fill vacancy " etc. Board: president, committees, absentees, temporary officers. {Section 5. The board of school directors shall meet on the first Tuesday of the month following the first appointment of its members, and in the event of a special election on the first Tuesday of the month following such special election, and there- after on the first Tuesday of July in each year, and organize by the election of the proper officers. A president shall be elected by said board from their own number to serve for one year, or until his successor shall be chosen, and in his absence or during his disability the board shall elect a president pro tempore. After his election the president shall appoint standing committees, to serve for one year. The seat of any member shall be declared vacant by the board and the vacancy shall be filled by them by election in theeducational department—buildings. 41 manner hereinbefore provided, if the said member has been ab- Chap. sent for four successive meetings of the board without satisfac- tory reason presented by him in writing. In case of the absence or inability, from any cause, of any offi- cer appointed by said board to perform the duties of his office, said board may appoint some suitable person to act in his place and stead during his absence or inability; and such person shall have and possess the same power or authority as the officer whose place he is appointed temporarily to fill. Members' responsibility, jury exemption, malfeasance, board's debt power, procedure, meetings. Section 6. The members of of the board shall be subject to all restriction, liabilities, punish- ments and limitations prescribed by law as to members of the common council in their city, and they shall be exempt from jury duty, A majority of all the members-elect of the board of school directors shall have power to dismiss from office for malfeasance in office in such city any member of the board of school directors, and the said board shall provide by resolution the manner of hearing and disposing of complaints against a member. The board shall not in any one year contract any debt or incur any expense greater than the amount of the school funds subject to its order as provided in this act. A majority of the members of the board who have duly quali- fied shall constitute a quorum for the transaction of business, but a smaller number may adjourn. A majority of the whole board shall be necessary to elect any officer authorized to be elected by said board. Regular meetings of the board shall be held at least once each month at stated times to be fixed and published by the board in its rules, and special meetings may be called and held as shall be provided by the rules of the board, at which no other business shall be transacted than that specified in the notification thereof, which shall be given personally or mailed to each member at least twenty-four hours before the time of such meeting. Buildings and equipment; competitive bids; contracts, deeds, leases; committee on sites and plans; district boundaries; jani- tors. Section 7. The board of directors of each city in which this act shall be applicable is hereby authorized and required to establish and organize so many public schools, in addition to those already established in such city, as may be necessary for the accommodation of the children of the city entitled by the constitution and laws of the state, to instruction therein.42 educational department—buildings. Chap. 12. The said board, as herein provided, shall erect, purchase, hire or lease buildings, improve or enlarge the same, and purchase furniture and lots for the accommodation of such public schools of said city, and purchase, install and maintain heating systems in said schools, and enter into contract for the carrying out of any of the purposes authorized in thrs act; provided, however, that when the board of directors shall contemplate the doing of any work or the purchasing of any material, the estimated cost of which shall exceed the sum of five hundred dollars, said board of directors shall advertise for proposals for doing the same, a plan or profile of the work to be done, accompanied with spec- ifications for doing the same, or other appropriate sufficient de- scription of the work required to be done, and all the kinds or quality of material to be furnished, being first placed on file in the office of said board for the information of bidders and oth- ers. Such advertisement shall be published at least six days in the official papers of such city and shall state the work to be done and the time for doing the same, which shall in all cases be such reasonable time as may be necessary to enable the con- tractor with proper diligence to perform and complete such work. * All proposals shall be sealed, and directed to said board and shall be accompanied with a bond to such city in the penal sum not less than thirty per cent, of the amount of the board's esti- mate of the cost of such work, as such board in such advertise- ment may direct, and such board in letting any such contract and in doing such work shall proceed in manner and form and have the power and authority in manner and form as is vested in the board of public works, or other public officer or officers, of any such city for the doing of any public work and the entering into contracts therefor. Such board shall also have authority to reserve the right to reject any and all bids submitted. Such con- tracts shall run in the name of the said city, and shall be executed and signed by the president and secretary of the board of school directors, countersigned by the comptroller of said city, and shall be approved by the city attorney of the said city, as to form and execution. The selection of sites for school buildings and adoption of plans for the erection of school buildings, shall be determined by a committee consisting of the president of the board of school directors, the chairman of the committee on buildings of said board of school directors and the superintendent of schools who shall be known as the statutory committee on school sites and plans. Their decision shall be sub- ject to the approval of the said board of school directors. The school houses now erected and the lots on which they are sit- uated and the lots now or hereafter purchased for school pur-educational department—text books. 43 poses and the school houses thereon erected shall be the prop- Chap. 12. erty of the city; no lot shall be purchased or leased, nor shall any school house be erected without resolution duly passed by the board of school directors. Deeds of conveyance and leases shall be made to the city. The said board shall also have the power to establish and define from time to time the boundaries of all common and high school districts, in such manner as they may deem best calcu- lated to promote the interests of the schools. The board shall also have the power, subject to the powers and regulations of the city service commission, to employ all janitors necessary in the school houses of their city and to fix their compensation, but the principal of each school shall be cus- todian of all buildings and rooms occupied by the school over which he presides and shall have the general supervision over the same, and shall direct the janitor thereof in relation to the keeping and care of such buildings and rooms. Uniform text-books and instruction; changes therein; board's governing functions, ©ection 8. The board of school directors shall have the power to adopt for use in the several public schools of any such city, suitable text books subject to the provisions of the next following section. Said text books shall be uniform in the various schools and when the board shall have adopted for use in the public schools of any such city, any text book or text books, the same shall not be changed by the board for five years next thereafter; and the board shall require that the system of instruction in the several schools under its control shall be as nearly uniform as possible, and shall adopt at its discretion, and modify or repeal, by-laws, rules and regulations for its own government, and for the organi- zation, discipline and management of the public schools under its control, and generally adopt such measures as shall promote the good order and public usefulness of said schools; provided that such by-laws, rules and regulations shall not conflict with the constitution and laws of the state. Superintendent : election, term, powers. Committees on teach- ers, courses and books. Section 9. The board of school direct- ors shall elect by ballot at the regular meeting preceding the ex- piration of the term of office of the superintendent of schools who is in the office when this act shall become effective, a per- son of suitable learning and experience in the art of instruction, and practical familiarity with the most approved methods of44 educational department—secretary. Chap. 12. organizing and conducting a system of schools, for superintend- ent of schools, and said superintendent of schools shall hold his office until the first day of July next following his election as herein provided, and for three years thereafter, except in case of removals as herein provided, and each third year thereafter the said board shall elect at the first regular meeting in May, a superintendent of schools, as provided herein, who shall serve for the term of three years from the first day of July next follow- ing his election. The superintendent of schools shall, under the direction of the board, have a general supervision of the public schools and of the teachers in the cities aforesaid and of the manner of con- ducting and grading of said schools. He shall appoint, subject to confirmation, by the board, assistant superintendents and such other assistants and supervisors as may be authorized by the board. Such superintendent shall be an advisory member of every committee of the board, except at times where an inquiry into his acts or investigation of his official conduct shall be un- der consideration by such committee. A committee, consisting of the president of the board and four members of the board * selected by the president, shall on a strict basis of eligibility and fitness, examine, certificate, employ, classify, transfer and pro- mote teachers. The action of such committee shall be subject to amendment, rejection or confirmation by the board. The president of the board and four members of the board, to be selected by the president, shall constitute a committee to select and determine courses of study, for the schools, and text books to be used therein. The action of such committee shall be subject to amendment, rejection or confirmation by the board. Secretary of board r official bonds and sureties; school cen- sus. Section 10. The board shall also appoint, as a vacancy shall occur, some suitable person to act as secretary of the board, who shall receive a salary to be fixed by such board. It shall be his duty to attend the meetings of the board, to keep a record of the proceedings, and a full and fair account of all re- ceipts and expenditures of the board, and to do and perform such other duties as shall be required of him by said board. The secretary of the board shall, before entering upon the duties of his office, execute a bond to the city for which he is appointed, in such form and penalty and with such conditions as the board shall prescribe, with sureties to be approved by said board, which bond shall be filed with and kept in the office of the city clerk of said city, and the board may require security to be given for the faithful performance of his duties by any officer oreducational department—comptroller. 45 employe of said board, in such form and amount as the board Chap. 12. shall deem best, and may at any time require of any officer or employe additional bonds and sureties, in its discretion. The secretary of the board shall also take the annual enumeration of the children of school age in the city, required by law, and shall at the same time collect such further statistics and information relating to schools and to the population entitled to school priv- ileges in said city as may be directed and required by the board, and he shall receive for such service a compensation or fee of two cents per capita upon the entire enumeration of persons be- tween the ages of four and twenty, residing in said city, to be audited by the board and paid out of the funds provided for the support of the schools. City comptroller: lists and statements for; audit and war- rants. Section 11. It shall be the duty of the secretary of the board, within thirty days after the appointment of teachers and other salaried employes, to report to and file with the city comptroller or other auditing officer of the city, a duly certified list qf teachers and employes so appointed, and a statement .of the time or times fixed for the payment thereof. He shall also, as often as any action by said board changing the salaries of any of the officers of said board, or of any of such teachers or em- ployes, or making a new election or appointment to any position entitling the person appointed to receive a stated salary, im- mediately after such action is had, in like manner file with such comptroller or other auditing officer a certified list and state- ment of all such changes and appointments. All claims and de- mands against the city or board, before they are allowed, by the board, shall be audited and adjusted by the comptroller or other auditing officer of such city, and immediately after the allow- ance by the board of any claim or account it shall be the duty of the secretary of the board to furnish to such comptroller or other officer a complete list of the same, together with the proper voucher, stating the character of the material or service for which the same is rendered; and before a warrant shall be issued therefor it shall be the duty of such comptroller or other officer to sign the same. And said secietary shall also make and file with the said comptroller or other auditing officer quarterly statements of the condition of the fund for the support of schools and of the financial transactions of the board during the three months next preceding such statement.46 educational department—school finances. Chap. 12. Dismissal of superintendent or secretary. Section 12. The superintendent of schools, or the secretary of the board, may be removed from office for misdemeanor in office, incompetency or inattention to the duties of his office, by a vote of two-thirds of the board; provided, that notice in writing of charges against him and of the time and place of hearing and acting upon the same shall be served upon the accused at least five days before the time of hearing and before any action shall be taken by the board thereon. And the accused shall be heard by himself or counsel, and either party may produce witnesses, who shall be sworn by the president of the board and give testimony subject to the pains and penalties of perjury. High schools and their districts. Section 13. The board of school directors is hereby authorized and it shall be their duty, to maintain the high schools now established in said cities, and to establish and maintain such other high schools as may from time to time be found necessary by them, and said board shall divide said city into high school districts, and said schools shall be opened to students residing within said districts. * High schools : suspension. Section 14. The high schools shall be public schools and as such under the same supervision and control in respect to location, building, leases, furniture, teachers, text books and course of study, and all other matters as is provided hereinbefore in the case of common schools. High schools: courses, diplomas. Section 15. The course of study in the high school shall be liberal, and shall embrace such studies as said board and the superintendent may deem proper, and the board shall have power to grant diplomas in tes- timony of scholarship and literary acquirements. School finances: estimates, tax levies, disbursements. Section 16. The said board shall report to the common council of each city under this act, at or before the first meeting of the council in September in each year, the amount of money required for the next fiscal year for the support of all the public schools in said city including high schools, and it shall be the duty of said common council to levy and collect a tax upon all the property subject to taxation in said city, at the same time and in the same manner as other taxes are levied and collected by law, which, to- gether with the other funds provided by law, and "placed at theeducational department—school finances. 47 disposal of said city for the same purpose, shall be equal to the Chap. 12. amount of money so required by the said board of school direct- ors for school purposes, as provided in this act; the said board shall also report to the common council, at the same time as above, the amount of money required for the next fiscal year for the repair and keeping in order of school buildings, fixtures, grounds and fences, the purchase of school furniture and the re- pair of broken or worn out furniture, the making of material bet- terments to school property and the purchase of the necessary additions to school sites, in accordance with the provisions of this act, and it shall be the duty of the said common council to levy and collect a tax upon all the real and personal property in said city subject to taxation, at the same time and in the same manner as other taxes are levied and collected by law, which shall be equal to the amount of money so required by the said board of school directors for the said purpose, as provided in this act; provided, that the tax so levied upon each dollar of the assessed valuation of all property, real and personal, in said city, subject to taxation shall not in any one year exceed three and one-half mills for the support of all schools, and one-half mill for the repair and keeping in order of school buildings, fixtures, grounds and fences, the purchase of school furniture and the re- pair of broken and worn out furniture, the making of material betterments to school property and the purchase of necessary ad- ditions to school sites, and the said taxes for the purpose named' in this section shall be in addition to the tax to be levied for the general city purposes upon all the taxable property of said city. The said tax and the entire school fund of the city shall not be used or appropriated directly, or indirectly, for any other purpose than the payment of the salaries of the superintendent of schools and his legally authorized assistants, the secretary of the school board, and legally qualified teachers whose appointment is con- firmed by said board and such employes as the board may deem necessary, the necessary and current expenses of the schools in- cluding the purchase of school supplies, apparatus, fuel, gas, electricity or electrical power and the other school purposes spe- cified in this act. All moneys received by or raised in such city for school purposes shall be paid over to the city treasurer, to be disbursed by him on the orders of the president and secretary of said board, countersigned by the city comptroller; provided, that the president, instead of signing each order, may certify upon the pay rolls furnished by the secretary to the comptroller to the fact that the amounts therein are correct as allowed by said board. Provided, that the board of school directors may provide by resolution for the payment of all persons employed48 educational department—school bonds. Chap. 12. by said board in the service of the city upon monthly payrolls and the manner in which the same shall be certified, audited and approved and payment made thereon and such payrolls shall in all cases be certified by the president and secretary and finance committee of said board of school directors and countersigned by the city comptroller of such city. School bonds: popular vote on; interest rate; levy for; max- imum outstanding. Section 17. Whenever the board of school directors shall deem it necessary to erect new buildings or ad- ditions to old buildings, or to purchase school sites, they may by a two-thirds vote of the members, send a communication to the common council of said city, stating the amount of funds so needed and the purposes for which it is proposed to use the said funds, and requesting the said common council to submit to the voters of said city at the next election of any sort to be held in said city the question of issuing the school bonds of said city in the amount and for the purpose or purposes named; and upon receipt of such request from the board of school directors it shall be and is hereby made the duty of the said common council to * cause the question of the issuance of the said bonds for the said school purposes to be submitted to the voters of the said city at the next regular, special or other election held in the said city. The question of the issuance of the said school bonds shall be submitted upon a separate ballot, or in some other manner so that the vote upon the issuance of said school bonds shall be taken separately from any other question submitted to the voters at the same election, and if a majority of the votes cast upon such bond proposition shall be in favor of the issuance of said bonds, then the common council of said city shall cause such school bonds to be issued forthwith in the same manner as other bonds which have been properly authorized are issued, and the proper officials of the said city shall sell or dispose of the said bonds in the same manner as other bonds are disposed of and the entire proceeds of the same shall be placed in the city treasury, sub- ject to the order of the said board of school directors, for the purposes named in the request for the issuance of the said bonds. Said school bonds shall not bear a greater rate of interest than four per cent, per annum, and shall be payable in twenty years from the date of their issue, one-twentieth of the principal to be payable each year, and the said common council is hereby author- ized and it is made their duty to levy and collect a tax upon all property, real and personal, in the said city subject to taxa- tion, in the same manner and at the same time as other taxes are levied and collected, which shall be sufficient to pay the interesteducational department—interest in contracts. 49 on all school bonds outstanding, issued under the provisions of Chap. 12. this act, and to pay such part of the principal of such school bonds so issued as becomes due and payable during the next fiscal year. The amount of such school bonds outstanding at any one time shall not be greater than one per cent, of the total assessed valuation of all property, real and personal, in the said city subject to taxation, and the tax levied to pay the interest on and the principal of the said school bonds shall be in addition to the tax levied for general purposes upon all the taxable prop- erty of said city. School board's report. Section 18. The board shall be governed in all things by the school laws of the state, except as they are altered or modified by this act. They shall report to the common council annually the general proceedings and acts of said board, the number and condition of the public schools kept in said cities during the year, and the time they have sever- ally been taught, the number and names of teachers; the number of children taught in said schools respectively; the result of the annual enumeration required by law; the extent of school ac- commodations in the several schools; the amount of school money raised or received during the year; distinguishing the amount received from the state fund, from the amounts derived from taxes levied by the county board of supervisors and by the common council respectively; and the amounts allowed by them against the school fund in detail, together with such other in- formation as they may deem useful, or as the common Council may require. A copy of said report shall be transmitted to the state superintendent of public instruction, and a like copy to the librarian of the state historical society in Madison. Interest in contracts forbidden to board, teachers, employes. Section 19. No member of the board of school directors, super- intendent, assistant superintendent, secretary of the board, other assistant, teacher of any common school or high school, or jani- tor or other employe of the board, shall be in any wise interested in any purchase or sale of any real or personal property by the city for the use or convenience of any of the schools, and no such contract made in violation of this provision shall be valid, and any consideration paid by the city upon any such purchase or sale herein prohibited, may be recovered in an action at law in the name of the city aggrieved thereby, and any person so offending against the provisions of this act shall be removed from any position held by him under this act.50 educational department1—adults. Chap. 12. Existing terms of office to continue. Section 20. This act is not intended to affect the term of office of any person now serving in any capacity by virtue of an appointment heretofore made by the school board in any such city, but such officer shall continue to serve in the same capacity under the board of school directors hereby created for the term for which he was so ap- pointed; subject, nevertheless, to be removed from such office for the cause and in the manner mentioned in this act. Any vac- ancy for any cause occurring in any office subject to the provi- sions of this act, shall be filled by appointment for the unexpired term. This act amendatory of charters; repeal of conflicting laws. Section 21. This act is amendatory of the charters of the var- ious cities to which it applies or may hereafter become applicable, and any provision of said charters inconsistent herewith is here- by modified, amended or repealed by this act to the extent nec- essary to give full force and effect to the intent hereof. All acts or parts of acts contravening the provisions of this act are here- by repealed. (Chap. 459, Laws of 1907.) The foregoing sections comprise all laws relating to the general management of the public school system in Milwaukee. Public meetings in city school houses and grounds. Section 22. School houses and grounds appurtenant thereto, under the direction of the proper school authorities, imay be used for public meetings of a social and educational nature in addition to the purposes for which such buildings are now authorized to be used. (Chap. 244, 1907; Sec. 925—52—70.) Adult education: a manager for lectures. Section 22a. The boiard of school directors or the board of education of any city is * * * authorized and empowered to provide for employ- ment of competent persons to deliver * * * lectures on the natural sciences, on historical, literary, or other educational sub- jects in the public school buildings, in public library buildings or in other suitable places of said city, and to particularly pro- vided for the further education of the adult persons of such com- munity.free public lectures. 51 Purchase of books, control of lectures. Section 22b. The Chap. said board of education shall have power to purchase the books, stationery, charts and other things necessary and expedient to successfully conduct said lectures * * * and may designate some person who shall have the management and control of such lectures. (Sees. 515a; 515 * * * village, * * * or * * * town, wherein the sum to be paid for license is fixed at two hundred dollars they may increase such sum to either * * * five hundred * * * dollars or * * * eight hundred dollars. 8. The request for such election shall specify the sum to which it is desired to increase such license. 9. The ballots of such election shall read: "To increase license to (insert sum prayed for in request) 'Yes........... No...,......,M If a majority of the votes cast shall be in favor of increasing such license the sum so petitioned for shall be held and consid- ered the sum to be paid for license to sell liquors within such102 liquor sales to forbidden persons. Chap. 20. city> village or town until an election is held in the manner herein provided, and a different amount is fixed thereat. If a majority of the votes cast shall be against such increase in license fee, the license fee shall remain as if no election had been held. 10. * * # 'Pkg written request for a special election herein provided for shall be attested by the person securing the signa- tures thereto, who shall before presenting the same to the clerk, make oath that the persons signing the same are known to him to be qualified electors of such town, village or city, as the case may be. H * * # Nothing herein contained shall be construed to diminish the sum to be paid for such license in any city, * * * village or town as fixed in the charter or ordinances thereof. (Sec. 1548b; Chap. 490, Laws of 1907.) Liquor sales to forbidden persons by unlicensed dealers. Section 54a. The provisions of section 1556 of the statutes, shall be held to apply to all persons whether licensed dealers or not, and the notice provided for by section 1554 of the statutes shall be held to be a notice to all persons whether licensed deal- ers or not in any prosecution brought under the provisions of section 1556 of the statutes. (Sec. 1556a; Chap. 288, 1907.) Minor's misrepresentation to procure liquor ; penalty. Section 55a. Any minor over eighteen years of age who shall wilfully represent that he is of age for the purpose of asking for or re- ceiving any strong, spirituous or malt liquors from any keeper of any saloon, shop or place of any name whatsoever for the sale of strong, spirituous or malt liquors except in cases author- ized by law, shall be punished by a fine of not less than one dollar, nor more than fifteen dollars, or by imprisonment in the county jail not to exceed ten days or by such fine and imprison- ment. (Sec 1557m; Chap. 172, 1907.) U. S. liquor permit or stamp prima facie evidence of no-license violation. Section 63a. Any person who shall, on or after the first Tuesday in July following an election under the provi- sions of the two preceding sections, vend, sell, deal or traffic in or, for the purpose of evading any law of this state, give away any spirituous, malt, ardent or intoxicating liquors or drinks in anyLIQUOR LICENSES. 103 quantity whatever in any town, village or city wherein a majority Chap. of the votes cast at such election shall have been against license, shall be punished by a fine not less than fifty dollars nor more than one hundred dollars, besides the costs; or in lieu of such fine, by imprisonment in the county jail not to exceed six months nor less than three months; and in case of punishment by fine, unless the fine and costs be paid forthwith, be committed to the county jail until they are paid or until discharge by due course of law; and in case of a second or subsequent conviction of the same person during * * * any year the punishment shall be by both fine and imprisonment. And in any such town, village or city, the existence or the issue of any permit or special tax stamp from the United States government, authorizing or permitting any person to engage in the occupation of selling distilled, spirituous or fermented liquors at the time and place of any alleged violation of the excise law, shall be accepted as prima facie evidence that such person is vending, selling, dealing or trafficing in or, for the purpose of evading the laws of this state, giving away spirituous, malt, ardent or intoxicating liquors or drinks contrary to the result of the election provided for in the two preceding sections. Nothing in this or the two next preceding sections shall be construed as affecting the sale of such liquors for medicinal, mechanical or scientific purposes only by registered pharmacists as provided in section 1548a. (Sec. 1565c; Chap. 310, 1907. See City Charter 1905, p. 387, Chap. 20, Sec. 44, et seq. Liquor licenses: number existing June 30,1907, may continue. Section 63b. On and after the first Tuesday in July, 1907, the number of persons and places which may be licensed to sell, deal and traffic in malt/ ardent, spirituous or intoxicating liquors in the various towns, villages and cities in this state, shall be and hereby are limited as follows: One such license may be granted to and issued for each two hundred and fifty inhabitants or fraction thereof in any town, village or city in this state, such population to be determined by the last preceding state or national census, provided, however, that in all such cities, villages and towns where a greater num- ber of licenses may have been granted or issued and in force on or prior to the * * * thirtieth day of June, 1907, than would be permissible under the foregoing limitation, it shall be lawful and the local authorities are hereby authorized in their discretion to grant and issue licenses equal in number to those * * * granted or issued and in force on or prior to said104 residence districts. Chap. 20. last mentioned day; but no additional licenses in number shall be granted or issued in any such city, village or town until the increase in population thereof brings the same within the forego- ing limitation, and provided further that licenses be granted or issued to persons for those places or locations for which licenses were issued or granted on or prior to the thirtieth day of June, # * * 1907, unless by reason of a refusal of the owner to lease the same for such purposes, their destruction by fire or the elements or the same be refused by operation of law or under the provisions of this act, then and in either of such cases such license may be issued or granted to some other location. (Chap. 188, amended by Chap. 484, 1907.) Present no-license areas; vote necessary for change. Section 63c. In all cities, villages or towns in this state in which no license has heretofore been granted or issued and in force on the 30th day of June, 1907, by reason of a vote of the qualified electors thereof having voted against the same, no license shall be granted or issued therein until by a vote according to the pro- visions of law, such previous action of the qualified electors is reversed or revoked and license be again authorized. Residence districts; electoral population; included and exclud- ed territory. Section 63d. 1. Any clearly described, con- tiguous, compact territory in cities, villages or towns bounded by corporation or ward lines, public streets, public alleys or water courses, in which actually reside not less than one hundred nor more than seven hundred and fifty qualified electors may be constituted a residence district. Its greatest length shall not be more than four times its narrowest width. No part of any one district once used to determine one residence district, and no ter- ritory which in any other manner shall have been constituted a no-license area, while continued as such, shall be used in fixing another residence district. 2. Except as provided in section 1565g, the no-license area of a residence district shall not include : a. The frontage of that side of any street between inter- secting streets in any city or incorporated village upon which one-third of the lineal feet of the property abutting thereon is devoted to or used for commercial, mercantile, manufacturing, or any other business purpose. b. The street frontage of either side of such street if one- third of the lineal feet of property abutting on both sides thereof between intersecting streets is so used.remonstrances. 105 c. The frontage of either or both sides of a highway in Chap. 20. towns or unincorporated villages within a distance of four hundred feet if one-third of the lineal feet of the property abut- ting upon said highway in such distance is so used. d. Territory while continued as such, which in any manner shall have been constituted a no-license area. e. Actual and bona fide hotels in incorporated cities for which licenses have been issued on or before January 1st, 1907. 3. Property occupied exclusively for educational, religious or charitable purposes and public parks in residence districts may be included in residence districts as residence property, but shall not be used in determining the boundaries or size of any such district. Remonstrances against license in no-license districts. Section 63e. Any compact, contiguous territory in any town, village or city in this state, wherein no license to sell, deal or traffic in malt, ardent, vinous, spirituous or intoxicating liquors has been issued or granted prior to the filing of the remonstrance hereinafter referred to and containing not less than one hun- dred nor more than seven hundred and fifty resident electors, which district is bounded by corporation or ward lines, public streets or public alleys, and the greatest length of which shall not be more than four times its narrowest width, may be con- stituted a residence district if a majority of the resident electors therein shall on or before May 1st in any year file with the town, village or city clerk a remonstrance in writing describing the boundaries of such district and signed by said electors together with their residence address. No such license shall be granted or issued in any such district after the filing of such remonstrance unless a majority of the electors in such district shall thereafter consent thereto in writing specifying the location in such district for which such license may be issued or granted. The provision of section 1565i shall apply to the remonstrance or consent herein provided for. Remonstrances and counter-petitions in license districts. Section 63f. On and after the first Tuesday in July, 1908, no license shall be issued or granted to any person to sell or traffic in any malt, ardent, vinous, spirituous or intoxicating liquors within any residence district as defined in section 1565f of this act if a majority of the qualified electors residing in such district shall, not earlier than the first day of May nor later than the 15th day of May in any year, present to and file with the106 SIGNATURE GATHERERS. Chap. 20. clerk of any such city, village or town in which such residence district is situated, a remonstrance in writing signed by a ma- jority of said electors as hereinafter provided and describing the boundaries of said residence district objecting to the grant- ing of any such license or permit within said district, until a counter petition signed by a majority of said electors in such district praying that such license may be granted in said district shall be filed with such clerk, when it shall be lawful for the proper authorities to issue license in said district. Signature gatherers; electoral population; who may sign. Section 63g. The electors signing such remonstrance or counter petition shall subscribe their names thereto together with their residence, including street or lot and block number, if any, in cities and villages and quarter section number in towns before some person who shall make oath that the persons so signing the same are qualified electors of said residence district and that such names and that their residence and street number or lot and block number, if any, or quarter section number are the genuine signatures and addresses of the persons so purporting to subscribe said remonstrance or said counter petition, as the case may be. No elector shall sign more than one remonstrance or counter petition affecting the district in which he resides. Such remonstrance or counter petition may be in parts and such signatures may be obtained by any number of persons, provided the person obtaining the names thereto is a resident of such district and makes oath to the signatures obtained by him. If a registration of voters be required in any territory in- cluded in a residence district as^ herein provided for, the num- ber of names which appear in the last registration had in any such territory and residing in such district shall determine the number of electors residing therein. And only such electors can sign the remonstrance, counter petition or consent provided for in this act. If there be no registration of voters, then,the last enumeration of the number of electors therein made pursuant to law may be used to determine the number of electors .therein at the time of filing such remonstrance, counter petition or con- sent. Notice of intention to secure signatures. Section 63h At least five days before beginning to secure signatures to the remonstrance or counter petition provided for in section 1565h, notice of intention so to do describing the boundaries of such proposed residence district shall be published at least once in some newspaper printed in such city or village, if any, and if the district be in a town, in some newspaper published in thePARTIES DISQUALIFIED. 107 county or at least three copies of such notice posted for five Chap. 20. days in at least three conspicuous public places within said district declaring the intention to procure and file such remon- strance or counter petition. The giving of the notice and mak- ing and filing proof thereof shall be a condition precedent to the right to file such remonstrance or counter petition. (Chap. 188, 1907. Sec. 1565J.) Review of petitions; appeals to circuit court. Section 63i. Within ten days after the filing of said remonstrance or counter petition the proper authorities of any such city, village or town who may be authorized to issue licenses for the sale of malt, ardent, spirituous or intoxicating liquors shall give notice in some newspaper or by posting in three public places in said district of a day to be fixed by them that they will take up and consider and examine said remonstrance or counter petition as the case may be, and any persons objecting to the sufficiency of said re- monstrance or counter petition or either thereof may appear before such authorities and make and file their objections thereto and said authorities shall consider the same and if they determine that either said remonstrance or counter petition are materially defective in any manner they shall point out such defects and permit the party so filing said remonstrance or counter petition to correct the same and supply defects, if any, within fifteen days from the date thereof and if such remonstrance or counter petition shall be perfected within such time, no license shall issue or a license may be issued, as the case may be, but if such remonstrance or counter petition be not perfected within such time, such proper authorities may exercise their discretion in respect to the issuing or granting of a license in said territory. Review may be had of the action of any such authorities by any person aggrieved by appeal to the circuit court of the county in which such district is located if taken within thirty days after the final decision of said authorities. Such appeal shall be heard without a jury, by the court, as soon as practicable. Pending the determination of any such appeal, license shall not be granted for any saloon within such residence district unless such saloon at the time of filing such remonstrance be operating under a license previously granted. Parties disqualified for license. Section 63j. From and after the first Tuesday in July, 1908, no license to sell, deal or traffic in malt, ardent, spirituous or intoxicating liquors shall be granted or issued to any person not a full citizen of the108 storage pending appeal. Chap. 20. United States and of this state and a resident of the town, vil- lage or city in which such license is applied for, nor shall any such license be granted or issued to any person who has been convicted of an offense against the laws of this state punishable by imprisonment in the state prison. (Chap. 188, 1907. See. 1565 1.) General application of this act. Section 63k. The provi- sions of this act shall apply to each and every town, village and city in this state, whether the same be operating under the general laws of this state or special act. (Chap. 188, 1907.) Repeal of inconsistent laws. Section 631. All acts or parts of acts inconsistent with the provisions of this act are hereby amended or repealed so far as necessary to give force and effect thereto. (Sees. 1565d to 1565n; Chap. 188* Laws of 1907.) Complaint; warrant; destruction of liquors; storage pending appeal. Section 63m. Section 1551 of the statutes of 1898, as amended by chapter 194 of the laws of 1899, and by chapter 113 of the laws of 1901 and by chapter 440 laws of 1903 is hereby amended so as to read as follows: "Section 1551. Upon com- plaint made to any justice of the peace, by any person that he knows or has good reason to believe, that an offiense against any law of this state, relating to excise or the sale of intoxicating liquor^, or any violation thereof has been committed, he shall examine the complainant on oath, and the witness produced by him and he shall reduce such complaint to writing, and cause the same to be subscribed by the person complaining. If it shall appear to such justice that there is reasonable cause to believe that such offense has been committed, he shall immediately issue his warrant, reciting therein the substance of such complaint and requiring the officer to whom such warrant shall be directed, forthwith to arrest the accused and bring him before such justice, to be dealt with according to law ; and in the same warrant may require the officer to summon such persons as shall be named therein, to appear at the trial to give evidence. Or upon com- plaint made to any justice of the peace by any person that he knows or has good reason to believe that an offense under sec- tion 1550 or 1565c statutes of 1858, has been committed by any person on any particular premises or place, he shall examine such complainant on oath, reduce his complaint to writing, describing*storage pending appeal. -j^qg therein as particularly as may be, the premises on which the of- Chap. 20. fense complained of was committed, and cause the same to be subscribed by the person complaining. If it appear to such justice that there is probable cause to believe that there has been such offense committed on said premises, he shall immediately issue his warrant, reciting therein the substance of the complaint, and containing a description of the premises described therein, and requiring the officer to whom it shall be directed forthwith to search such premises and seize any liquors on said premises which he believes are intoxicating, and to arrest the accused and bring him before such justice, to be dealt with according to law, and to produce, to be used in evidence on the examination and trial of the accused, the liquors so seized, or sudi portion thereof as the court or district attorney may direct. The officer execut- ing such warrant shall state in his return, as particularly as may be, the kinds and quantities of liquors seized and keep the same in his custody, until said action is finally determined. If, upon the trial of the defendant he shall be convicted of the offense de- scribed in sections 1550 and 1565c, the court shall enter an order directing the officer so having such liqudrs in his possession to publicly destroy the same within twenty-four hours, unless dur- ing that time the defendant shall serve a notice on such officer that he intends to appeal from such judgment of conviction, as in such cases provided to the circuit or the supreme court, as the case may be. In case such notice is served and the original with proof of service is filed during said time by the defendant with the justice or court, such justice or court shall make such order as may be necessary for the preservation and storage of such liquors pending such appeal, and such further order as may be proper on the final determination or dismissal of such appeal. If the defendant shall be acquitted, such order shall direct said offi- cer to return the liquors so seized, to such defendant. Costs for the taking, removal, and care of such liquors shall be allowed by the court, as shall be deemed reasonable, against the losing party, and shall be added to and become a part of the statutory costs in Such action either at the time df entering judgment or at the time of making the final order as aforesaid." (Chap. 230, 1905.) Young girls not permitted at dances in or near saloons; pen- alty. Section 63n. There is hereby added to the statutes of 1898 a section to be known as 1557a, which shall read as follows: Section 1557a. Any keeper of any saloon, shop or place of arty name whatsoever for the sale of any strong, spirituous or malt liq-110 district court. Chap. 20. uors to be drank on the premises in any quantity less than one gallon who shall permit or allow any girl or young woman, under the age of seventeen years, unaccompanied by her father or mother, to be present at or participate in any ball or dance held in such saloon, shop or place, or in the same or an adjoin- ing building, shop or place, or in any place where liquors are sold or dispensed, or any place adjoining the same, under his license, or who shall permit or allow any such girl or young woman to linger in or frequent such saloon, shop or place, shall be punished by a fine of not less than $50.00 nor more than $100.00 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. And upon con- viction his license shall be revoked as is provided in section 1558 of the said statutes of 1898, and proof of such conviction shall be conclusive proof that such keeper maintains a disorderly and im- proper house as such terms are used in said section 1558. (Chap. 103, 1905.) CHAPTER XXI. District Court. Chap. 21. Jurisdiction of Court. Section 5a. Section 5 of chapter 218 of the laws of 1899, as amended by section 1 of chapter 70 of the laws of 1901, and as further amended by chapter 388 of the laws of 1903, is hereby amended by adding thereto "or for the viola- tion of any rule, regulation or ordinance of any board of health, of any town, city or village," so that said section when so amended shall read as follows: Section 5. Said district court shall have exclusive jurisdiction to try and sentence all offenders against the ordinances of said city of Milwaukee, and it shall have exclusive jurisdiction to hear, try and determine all charges for misdemeanors arising within said county otherwise triable be- fore a justice of the peace, and in addition thereto said district court shall also have jurisdiction to hear, try and determine all charges for offenses arising within said county of Milwaukee, the punishment whereof does not exceed one years' imprisonment in the state prison or county jail, or a fine not exceeding five hun- dred dollars, or by both such fine and imprisonment; said court shall also have authority and jurisdiction to issue warrants for the apprehension of persons charged with the commission of of- fenses in said county of Milwaukee and not triable before a justice of the peace of said county; and exclusive jurisdiction to ex- amine said alleged offenders and commit or hold them to bail,REPORTER. Ill the same as a justice of the peace might otherwise do. Said Chap, district court shall in no event have or exercise jurisdiction in bastardy proceedings. Nothing herein contained shall be con- strued to deprive any justice of the peace of any town, or any city or village justice in any incorporated city or village in Mil- waukee county, except only in the city of Milwaukee, of juris- diction to hear, try and determine complaints for the violation of any ordinance of any such town, city or village, or for the violation of any rule, regulation or ordinance of any board of health, of any town, city or village. (Chap. 63, 1905.) Reporter; duties; salary. Section 12a. Section 12 of chap- ter 218 of the laws of 1899 is hereby amended so as to read as follows: Section 12. The judge of said district court is hereby authorized to appoint a phonographic reporter for such court. The person so appointed shall be deemed an officer of the court, and before entering upon the duties of his office shall take and subscribe the constitutional oath of office and file the same, duly certified to, in the office of the county clerk of Milwaukee county. Such reporter so appointed shall attend all the sessions of said district court and shall report all preliminary examinations held before said court, but in all cases of prosecutions for violations of the ordinances of the city of Milwaukee, and in all prosecu- tions for misdemeanors said reporter shall not be required to re- port such trial or proceeding, nor shall it be necessary for said judge of said court to take minutes of the evidence given be- fore him; but said district judge may require said reporter to report any trial or proceeding, other than preliminary examina- tions which may be had before said court. It shall be the duty of said reporter, at the request of any party, to transcribe in long hand the evidence of any proceeding or trial taken by him in said district court, or any part thereof, which transcript shall be duly certified by him to be correct, and for which he shall be entitled to receive from the party requesting the same, five cents per folio, when written out in full, and when, at the request of the party it shall be written in narrative form, ten cents per folio. Said reporter shall be furnished all necessary stationery and sup- plies. It shall be the duty of such reporter to transcribe as soon as may be, the charge of the court to the jury, and the evidence taken upon preliminary examinations, whether the accused be held for trial or discharged, and file the same within ten days after reporting such testimony. For reporting, transcribing and filing testimony, duly certified to as correct, said reporter shall112 juvenile court. Chap. 21. be entitled to receive as compensation such salary and transcript fees as shall be fixed by the County Board. Provided, however, that until the compensation of such reporter is so fixed by said County Board said reporter shall continue to receive the salary now provided by law. (Chap. 429, 1905.) Juvenile Court. PUNISHMENT OF PERSONS RESPONSIBLE FOR DELINQUENT CHILDREN. Offense; penalty. Section la. In all cases where any child shall be a delinquent child, as defined by the statutes of this state, the parent or parents, legal guardian, or person having the custody of such child, or any other person, responsible for the de- linquency, through wilful neglect, or by any wilful act encourag- ing, causing or contributing to the delinquency of such child, shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to exceed five hundred dol- lars, or imprisoned in the county jail for a period not exceeding one year, or punished by both such fine and imprisonment. The court miay impose conditions upon any person found guilty un- der this act, and so long as such person shall comply therewith to the satisfaction of the court, the sentence imposed may be suspended; provided, however, that no such sentence or the ex- ecution thereof shall be stayed to exceed a period of two years, and if at the expiration of the stay of such sentence, or at such time prior thereto as the court may deem proper, it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of such suspended sentence, the court may suspend such sentence absolutely, in which case such person shall be relieved therefrom. (Chap. 444, 1906.) See Juvenile Court, Sec. 1, p. 418, Charter 1905. CHAPTER XXII. Public Utilities. Chap. 22. Definitions; "public utility," etc. Section 1797m.—1. 1. The term "public utility" as used in this act shall mean and embrace every corporation, company, individual, association of individuals,public utilities. 113 their lessees, trustees or receivers appointed by any court what- Chap. 22. soever, and every town, village or city that now or hereafter may own, operate, manage or control any plant or equipment or any part of a plant or equipment within the state, for the conveyance of telephone messages or for the production, transmission, de- livery or furnishing of heat, light, water or power either directly or indirectly to or for the public. 2. The term "municipal council" as used in this act shall mean and embrace the common council, the board of aldermen, the board of trustees, the town or village board, or any other governing body of any town, village or city wherein the prop- erty of the public utility or any part thereof is located. 3. The term "municipality" as used in this act shall mean any town, village or city wherein property of a public utility or any part thereof is located. 4. The term "service" is used in this act in its broadest and most inclusive sense. 5. The term "indeterminate permit" as used in this act shall mean and embrace every grant, directly or indirectly from the state, to any corporation, company, individual, association of in- dividuals, their lessees, trustees, or receivers appointed by any court whatsoever, of power, right or privilege to own, operate, manage or control any plant or equipment or any part of a plant or equipment within this state for the production, transmission, delivery or furnishing of heat, light, water or power, either di- rectly or indirectly, to or for the public, which shall continue in force until such time as the municipality shall exercise its option to purchase as provided in this act or until it shall be otherwise terminated according to law. 6. The term "commission" as used in this act shall mean the railroad commission of Wisconsin. Railroad commission's powers. Section 1797m!—2. The railroad commission'of Wisconsin is vested with power and juris- diction to supervise and regulate every public utility in this state and to do all things necessary and convenient in the exercise of such power and jurisdiction. Utility charges to be reasonable and just. Section 1797m—3. Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, water or power produced, transmitted, delivered * or furnished or for any telephone message conveyed or for any service rendered or to be rendered in connection therewith shall314 valuation. Chap. 22. be reasonable and just, and every unjust or unreasonble charge for such service is prohibited and declared unlawful. Facilities to be granted to other utilities; complaint and ap- peal. Section 1797m—4. 1. Every public utility, and every person, association or corporation having conduits, subways, poles or other equipment on, over or under any street or high- way shall for a reasonable compensation permit the use of the same by any public utility whenever public convenience and nec- essity require such use and such use will not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such own- ers or other users. 2. In case of failure to agree upon such use or the conditions or compensation for such use any public utility or any person, association or corporation interested may apply to the commis- sion, and if after investigation the commission shall ascertain that public convenience and necessity require such use and that it would not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such owner or other users of such equipment, it shall by order direct that such use be permitted and prescribe reasonable conditions and compensation for such joint use. 3. Such use so ordered shall be permitted and such condi- tions and compensation so prescribed shall be the lawful condi- tions and compensation to be observed, followed and paid, sub- ject to recourse to the courts upon the complaint of any in- terested party as provided in section 1797m—64 to 1797m—73, inclusive, and such sections so far as applicable shall apply to any action arising on such complaint so made. Any such order of the commission may be from time to time revised by the com- mission upon application of any interested party or upon its own motion. Utility property; valuation. Section 1797m—5. The com- mission shall value all the property of every public utility act- ually used and useful for the convenience of the public. In mak- ing such valuation the commission may avail itself of any in- formation in possession of the state board of assessment. Valuation: commission's hearing and report. Section 1797m —6. 1. Before final determination of such value the commissionforms of book-keeping. 115 shall, after notice to the public utility, hold a public hearing as Chap. 22. to such valuation in the manner prescribed for a hearing in sec- tions 1797m—45 to 1797m—55 inclusive, and the provisions of such sections so far as applicable shall apply to such hearing. 2. The commission shall within five days after such valua- tion is determined serve a statement thereof upon the public util- ity interested, and shall file a like statement with the clerk of every municipality in which any part of the plant or equipment of such public utility is located. Re-valuation. Section 1797m—7. The commission may at any time on its own initiative make a re-valuation of such prop- erty. (Chap. 499, 1907.) Uniform accounting by utilities; other business separate. Section 1797m—8. 1. Every public utility shall keep and render to the commission in the manner and form prescribed by the commission uniform accounts of all business transacted. 2. Every public utility engaged directly or indirectly in any other business than that of the production, transmission or fur- nishing of heat, light, water or power or the conveyance of tele- phone messages shall, if required by the comjmission, keep and render separately to the commission in like manner and form the accounts of all such other business, in which case all the provisions of this act- shall apply with like force and effect to the books, accounts, papers and records of such other business. Forms of book-keeping; prescription. Section 1797m—9. The commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form pre- scribed by the commission and to comply with all directions of the commission relating to such books, accounts, papers and records. (Chap. 499, 1907.) Blanks. Section 1797m—10. The commission shall cause to be prepared suitable blanks for carrying out the purposes of this act, and shall, when necessary, furnish such blanks to each pub- lic utility.116 audit and inspection. Chap. 22. No other books. Section 1797m—11. No public utility shall keep any other books, accounts, papers or records of the business transacted than those prescribed or approved by the commission. Books: office for; no removal from state. Section 1797m— 12. Each public utility shall have an office in one of the towns, villages or cities in this state in which its property or some part thereof is located, and shall keep in said office all such books, accounts, papers and records as shall be required by the com- mission to be kept within the state. No books, accounts, papers or records required by the commission to be kept within the state shall be at any time removed from the state, except upon such conditions as may be prescribed by the commission. Balance sheet filed annually. Section 1797m—13. The ac- counts shall be closed annually on the 30th day of June and a balance sheet of that date promptly taken therefrom. On or be- fore the first day of August following, such balance sheet to- gether with such other information as the commission shall pre- scribe, verified by an officer of the public utility, shall be filed with the commission. Audit and inspection. Section 1797m—14. 1. The com- mission shall provide for the examination and audit of all ac- counts, and all items shall be alfoc&ted to the aecoufits iit the manner prescribed by the commissioit. 8. The agents, accountants or examiners employed. by the commission shall have authority under the direction of th£ com- mission to inspect and examine any and all books, accounts, papers, records and memoranda kept by such public utilities. Depreciation; rates and accounts; commission's rules; depre- ciation fund and use thereof. Suction 1797m—15. 1. Every public utility shall carry a proper and adequate depreciation ac- count whenever the commission after investigation shall deter- mine that such depreciation account can be reasonably required. The commission shall ascertain and determine what are the proper and adequate rates of depreciation of the several classes of property of each public utility. The rates shall be such as will provide the amounts required over and above the expense of maintenance, to keep such property in a state of efficiency corresponding to the progress of the industry. Each public util- ity shall conform its depreciation accounts to such rates so ascer- tained and determined by the commission. The commission maynew constructions. 117 make changes in such rates of depreciation from time to time Chap. 22, as it may find to be necessary. 2. The commission shall also prescribe rules, regulations, and forms of accounts regarding such depreciation which the public utility is required to carry into effect. 3. The commission shall provide for such depreciation in fix- ing the rates, tolls and charges to be paid by the public. . 4. All moneys thus provided for shall be set aside out of the earnings and carried in a depreciation fund. The moneys in this fund may be expended in new constructions, extensions or addi- tions to the property of such public utility, or invested, and if invested the income from the investments shall also be carried in the depreciation fund. This fund and the proceeds thereof shall be used for no other purpose than as provided in this sec- tion and for depreciation. New constructions; accounting. Section 1797m—16. The commission shall keep itself informed of all new construction, extensions and additions to the property of such public utilities and shall prescribe the necessary forms, regulations and instruc- tions to the officers and employes of such public utilities for the keeping of construction accounts, which shall clearly distinguish all operating expenses and new construction. Profit-sharing and sliding scales, when and while commission approves. Section 1797m'—17. 1. Nothing in this act shall be taken to prohibit a public utility from entering into any reasonable arrangement with its customers or consumers or with its em- ployes, for the division or distribution of its surplus profits, or providing for a sliding scale of charges, or other financial device that may be practicable and advantageous to the parties inter- ested. No such arrangement or device shall be lawful until it shall be found by the commission, after investigation, to be rea- sonable and just and not inconsistentwith the purposes of this act. Such arrangement shall be under the supervision and reg- ulation of the commission. 2. The commission shall ascertain, determine and order such rates, charges and regulations as may be necessary to give effect to such arrangement, but the right and power to make such other and further changes in rates, charges and regulations as the commission may ascertain and determine to be necessary and reasonable and the right to revoke its approval and amend or rescind all orders relative thereto is reserved and vested in the commission notwithstanding any such arrangement and mutual1 agreement*118 COMMISSION'S REPORTS. Chap. 22. Report by utilities; items. Section 1797m—18. Each public utility shall furnish to the commission in such form and at such times as the commission shall require, such accounts, reports and information as shall show in itemized detail: (1) the deprecia- tion per unit, (2) the salaries and wages separately per unit, (3) legal expenses per unit, (4) taxes and rentals separately per unit, (5) the quantity and value of material used per unit, (6) the re- ceipts from residuals, by-products, services or other sales sepa- rately per unit, (7) the total and net cost per unit, (8) the gross and net profit per unit, (9) the dividends and interest per unit, (10) surplus or reserve per unit, (11) the prices per unit paid by consumers; and in addition such other items, whether of a nature similar to those hereinbefore enumerated or otherwise, as the commission may prescribe in order to show completely and in detail the entire operation of the public utility in furnishing the unit of its product or service to the public. 0 Commission's reports, annual and other; values shown. Sec- tion 1797m—19. 1. The commission shall publish annual re- ports showing its proceedings and showing in tabular form the details per unit as provided in section 1797m—18 for all the pub- lic utilities of each kind in the state, and such monthly or oc- casional reports as it may deem advisable. 2. The commission shall al$o publish in its annual reports the value of all the property actually used and useful for the con- venience of the public and the value of the physical property act- ually used and useful for the convenience of the public, of every public utility as to whose rates, charges, service or regulations any hearing has been held by the commission under section 1797m»—4:5 and 1797m—46 or the value of whose property has been ascertained by it under section 1797m—5. Commission's records public. Section 1797m—20. All facts and information in the possession of the commission shall be pub- lic and all reports, records, files, books, accounts, papers and memoranda of every nature whatsoever in their possession shall be open to inspection by the public at all reasonable times ex- cept as provided in section 1797m—21, Temporary secrecy. Section 1797m—21. 1. Whenever the commission shall determine it to be necessary in the interest of the public to withhold from the public any facts or information in its possession, such facts may be withheld for such period afterTESTS OF MEASURING. 119 the acquisition thereof not exceeding ninety days as the commis- Chap. 22. sion may determine. 2. No facts or information shall be withheld by the commis- sion from the public for a longer period than ninety days nor be so withheld for any reason whatsoever other than in the interest of the public. Units of product or service. Section 1797m—22. The com- mission shall ascertain and prescribe for each kind of public util- ity suitable and convenient standard commercial units of product or service. These shall be lawful units for the purposes of this act. Standard measurements; accurate appliances. Section 1797 m—23. 1. The commission shall ascertain and fix adequate and serviceable standards for the measurements of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by any public utility and prescribe reasonable regulations for examination and testing of such prod- uct or service and for the measurement thereof. 2. It shall establish reasonable rules, regulations, specifica- tions and standards to secure the accuracy of all meters and ap- pliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto. 3. Nothing contained in this section shall limit in any man- ner any powers or authority vested in municipal corporations as provided in section 1797m—87. Tests of measuring instruments; fees. Section 1797m—24. 1. The commission shall provide for the examination and test- ing of any and all appliances used for the measuring of any product or service of a public utility. 2. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. 3. The commission shall declare and establish reasonable fees to be paid for testing such appliances on the request of the con- sumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user.120 files accessible to public. Chap. 22. Public equipment for tests. Section 1797m—25. The com- mission may purchase such materials, apparatus and standard measuring instruments for such examinations and tests as it may deem necessary. Entry upon premises. Section 1797m—26. The commission, its agents, experts or examiners, shall have power to enter upon any premises occupied by any public utility for the purppse of making the examinations and tests provided in this act and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor. Publicity of rate schedules. Section 1797m—27. Every pub- lic utility shall file with the commission within a time to be fixed by the commission, schedules which shall be open to public in- spection, showing all rates, tolls and charges which it has estab- lished and which are in force at the time for any service per- forated by it within the state, or for any service in connection therewith or performed by any public utility controlled or operated by it. The rates, tolls and charges shown on such schedules shall not exceed the rates, tolls and charges in force April 1, 1907. Publicity of rules and regulations. Section 1797m—28. Every public utility shall file with and as a part of such schedule all rules and regulations that in any manner effect the rates charged or to be charged for any service. Files accessible to public. Section 1797m—29. A copy of so much of said schedules as the commission shall deem necessary for the use of the public shall be printed in plain type, and kept on file in every station or office of such public utility where pay- ments are made by the consumers or users, open to the public, in such form- and place as to be readily accessible to the public and as can be conveniently inspected. Publicity of joint rates. Section 1797m—30. Where a schedule of joint rates or charge is or may be in force between two or more public utilities, such schedules shall in like manner be printed and filed with the commission and so much thereof as the commission shall deem necessary for the use of the public shall be filed in every such station or office as provided in section 1797m—29.rules of procedure. 121 Changes of rates; ten days' notice. Section 1797m—31. No Chap. 22. change shall thereafter be made in any schedule, including sched- ules of joint rates, except upon ten days' notice to the commis- sion, and all such changes shall be plainly indicated upon exist- ing schedules, or by filing new schedules in lieu thereof ten days prior to the time the same are to take effect; provided, that the commission, upon application of any public utility, may prescribe a less time within which a reduction may be made. Publicity of revised schedules. Section 1797m—32. Copies of all new schedules shall be filed as hereinbefore provided in every station and office of such public utility where payments are made by consumers or users ten days prior to the same are to take effect, unless the commission shall prescribe a less time. Unlawful to depart from schedules. Section 1797m—33. It shall be unlawful for any public utility to charge, demand, collect or receive a greater or less compensation for any service per- formed by it within the state or for any service in connection therewith than is specified in such printed schedules, including schedules of joint rates, as miay at the time be in force, or to de- mand, collect or receive any rate, toll or charge not specified in such schedule. The rates, tolls and charges named therein shall be the lawful rates, tolls and charges until the same are changed as provided in this act. Schedule forms prescribed. Section 1797m—34. The com- mission may prescribe such changes in the form in which the schedules are issued by any public utility as may be found to be expedient. Classification of utility service. Section 1797m—35. The commission shall provide for a comprehensive classification of service for each public utility and such classification may take into account the quantity needed, the time when used, the pur- pose for which used, and any other reasonable consideration. Each public utility is required to conform its schedules of rates, tolls and charges to such classification. Commission's rules of procedure. Section 1797m—36. The comlmission shall have power to adopt reasonable and proper rules and regulations relative to all inspections, tests, audits and122 commission's employes. Chap. 22. investigations and to adopt and publish reasonable and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings of public utilities and other parties before it. All hearings shall be open to the public. Business management; inquiries. Section 1797m—37. The commission shall have authority to inquire into the management of the business of all public utilities and shall keep itself informed as to the mianner and method in which the same is conducted, and shall have the right to obtain from any public utility all necessary information to enable the commission to perform its duties. Books subject to inspection. Section 1797m—38. 1. The commission or any commissioner or any person or persoris em- ployed by the commission for that purpose shall, upon demand, have the right to inspect the books, accounts, papers, records and memoranda of any public utility and to examine, under oath, any officer, agent or employe of such public utility in relation to its business and affairs. 2. Any person other than one of said commissioners, who shall make such demand shall produce his authority to make such inspection. , Judicial process to obtain papers. Section 1797m—39. 1. The commission may require, by order or subpoena to be served on any public utility in the same manner that a summons is served in a civil action in the circuit court, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said public utility in any office or place without the state of Wisconsin, or verified copies in lieu thereof, if the commission shall so order, in order that an examination thereof may be made by the commission or under its direction. 2. Any public utility failing or refusing to comply with any such order or subpoena shall, for each day it shall so fail or re- fuse, forfeit and pay into the state treasury a sum of not less than fifty dollars nor more than five hundred dollars. Commission's employes. Section 1797m—40. The commis- sion is authorized to employ such engineers, examiners, experts, clerks, accountants and other assistants as it may deem neces- sary, at such rates of compensation as it may determine upon.agents of commission. 123 Agents of commission; powers. Section 1797m—41. 1. For Ciiap. 22. the purpose of making any investigation with regard to any pub- lic utility the commission shall have power to appoint, by an order in writing, an agent whose duties shall be prescribed in such order. 2. In the discharge of his duties such agent shall have every power whatsoever of an inquisitorial nature granted in this act to the commission and the same powers as a court commissioner with regard to the taking of depositions; and all powers granted by law to a court commissioner relative to depositions are hereby granted to such agent. 3. The commission may conduct any number of such investi- gations contemporaneously through different agents, and may delegate to such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the commission shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only and shall not preclude the taking of further testimony if the commission so order nor further investigation. Response of utilities to commission's calls. Section 1797m —42. 1. Every public utility shall furnish to the commission all information required by it to carry into effect the provisions of this act, and shall make specific answers to all questions sub- mitted by the commission. 2. Any public utility receiving from the commission any blanks with directions to fill the same, shall cause the same to be properly filled out so as to answer fully and correctly each question therein propounded, and in case it is unable to answer any question, it shall give a good and sufficient reason for such failure; and said answer shall be verified under oath by the presi- dent, secretary, superintendent or general manager of such pub- lic utility and returned to the commission at its office within the period fixed by the commission. 3. Whenever required by the commission, every public util- ity shall deliver to the commission any or all maps, profiles, con-* tracts, reports of engineers and all documents, books, accounts, papers and records or copies of any or all of the same, with a complete inventory of all its property, in such form as the com'- mission may direct. Complaint by consumers. Section 1797m—43. Upon a com- plaint made against any public utility by any mercantile, agri- cultural or manufacturing society or by any body politic or muni-124 hearing on complaint. Chap. 22. cipal organization or by any twenty-five persons, firms, corpora- . tions or associations, that any of the rates, tolls, charges or sched- ules or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act whatsoever affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or any service in connection therewith or the conveyance of any telephone message or any service in connection therewith is in any respect unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the com- mission shall proceed, with or without notice, to make such in- vestigation as it may deem necessary or convenient. But no order affecting said rates, tolls, charges, schedules, regulations, meas- urements, practice or act complained of shall be entered by the commission without a formal public hearing. Hearing on complaint. Section 1797m—44. The commission shall, prior to such formal hearing, notify the public utility com- plained of that a complaint has been made, and ten days after such notice has been given the commission may proceed to set a time and place for a hearing and an investigation as herein- after provided. Ten days' notice of hearing. Section 1797m—45. The com- mission shall give the public utility and the complainant, if any, ten days' notice of the time and place when and where such hear- ing and investigation will be held and such matters considered and determined. Both the public utility and complainant shall be entitled to be heard and shall have process to enforce the at- tendance of witnesses. Commission to fix rates and regulations. Section 1797m— 46. 1. If upon such investigation the rates, tolls, charges, sched- ules or joint rates, shall be found to be unjust, unreasonable, in- sufficient or unjustly discriminatory or to be preferential or otherwise in violation of any of the provisions of this act, the commission shall have power to fix and order substituted there- for such rate or rates, tolls, charges or schedules as shall be just and reasonable. 2. If upon such investigation it shall be found that any regu- lation, measurement, practice, act, or service complained of is un- just, unreasonable, insufficient, preferential, unjustly discrimi- natory or otherwise in violation of any of the provisions of thiscosts of investigation. 125 act, or if it be found that any service is inadequate or that any Chap. reasonable service cannot be obtained, the commission shall have power to substitute therefor such other regulations, measure- mients, practices, service or acts and to make such order respect- ing, and such changes in such regulations, measurements, prac- tices, service or acts as shall be just and reasonable. Costs of investigation/ Section 1797m—47. If upon such investigation it shall be found that any rate, toll, charge, sched- ule or joint rate or rates is unjust, unreasonable, insufficient or unjustly discriminatory or preferential or otherwise in violation of any of the provisions of this act, or that any regulatkM, prac- tice, act or service complained of is unjust, unreasonable, insuffi- cient, preferential or otherwise in violation of any of the provi- sions of this act, or if it be found that any service is inadequate or that any reasonable service cannot be obtained, the public util- ity found to be at fault shall pay the expenses incurred by the commission upon such investigation. Separate rate hearings; absence of direct damage. Section 1797m—48. The commission may, in its discretion, when com- plaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. Summary investigations. Section 1797m—49. Whenever the commission shall believe that any rate or charge may be unrea- sonable or unjustly discriminatory or that any service is inade- quate or cannot be obtained or that an investigation of any mat- ter relating to any public utility should for any reason be made, it may on its own motion, summarily investigate the same with or without nottee. Followed by ^formal hearings. Section 1797m—50. If, after making such investigation, the commission becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters so investigated, it shall furnish such public util- ity interested a statement notifying the public utility of the mat- ters under investigation. Ten days after such notice has been given the commission may proceed to set a time and place for a hearing and an investigation as hereinbefore provided.126 witness fees. Chap. 22. Hearings: notices and procedure. Section 1797m—51. Notice of the time and place for such hearing shall be given to the public utility and to such other interested persons as the commission shall deem1 necessary as provided in section 1797m—45, and there- after proceedings shall be had and conducted in reference to the matter in like manner as though complaint had been filed with the commission relative to the matter investigated, and the same order or orders may be made in reference thereto as if such in- vestigation had been made on complaint. Utilities may complain. Section 1797m—52. Any public util- ity may make complaint as to any matter affecting its own prod- uct or service with like effect a® though made by any mercantile, agricultural or manufacturing society, body politic or municipal organization or by any twenty-five persons, firms, corporations or associations. Evidence and witnesses; proceedings for contempt. Section 1797m—53. 1. Each of the commissioners and every agent pro- vided for in section 1797m—41 of this act for the purposes men- tioned in this act, shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, docu- ments and testimony. 2. In case of disobedience on the part of any person oi per- sons to comply with any order of the commission or any com- missioner or any subpoena, or, on the refusal of any witness to testify to any matter regarding which he may be lawfully inter- rogated before the commission or its agent authorized as pro- vided in section 1797m—41, it shall be the duty of the circuit court of any county or the judge thereof, on application of a com- missioner to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. Witness fees and mileage. Section 1797m—54. 1. Each wit- ness who shall appear before the comlmissioner or its agent by its order, shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall 'be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairman of the commission. 2. No witness subpoenaed at the instance of parties other than the comimission shall be entitled to compensation from therates and regulations. 127 state for attendance or travel unless the commission shall certify Chap. 22. that his testimony was material to the matter investigated. ♦ Depositions. Section 1797m—55. The commission or any party may, in any investigation, cause the depositions of wit- nesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Stenographic records. Section 1797m—56. A full and com- plete record shall be kept of all proceedings had before the com- mission or its agent on any formal investigation had and all testis mony shall be taken down by the stenographer appointed by the commission. In court actions, commission to file testimony. Section 1797m—57. Whenever any complaint is served upon the com- mission under the provisions of section 1797m—64 of this act, the commission shall, before said action is reached for trial, cause a certified transcript of all proceedings had and testimony taken upon such investigation to be filed with the clerk of the circuit court of the county where the action is pending. Certified transcripts of testimony as evidence. Section 1797m —58. A transcribed copy of the evidence and proceedings or any specific part thereof, on any investigation taken by the stenog- rapher appointed by the commission, being certified by such stenographer to be a true and correct transcript in longhand of all the testimony on the investigation or of a particular witness, or of other specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the fact so certified. Free transcripts for parties. Section 1797m—59. A copy of such transcript shall be furnished on demand free of cost to any party to such investigations. Commission to determine rates and regulations; utility at fault to pay costs; orders, service and effect. Section 1797m—60. 1. Whenever, upon an investigation made under the provisions of128 utilities to conform to orders. Chap. 22. this act, the commission shall find any existing rates, tolls, charges, schedules or joint rate or rates to be unjust, unreason- able, insufficient or unjustly discriminatory or to be preferential or otherwise in violation of any of the provisions of this act, the commission shall determine and by order fix reascmabk rates, tolls, charges, schedules or joint ratesto be imposed, observed and followed in the future in lieu of those found to be unjust, un- reasonable, insufficient or unjustly discriminatory or preferential or otherwise in violation of any of the provisions of this act. 2. Whenever, upon an investigation made under the provi- sions of this act, the commission shall find any regulations, meas- urements, practices, acts or service to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of any of the provisions of this act; or shall find that any service is inadequate or that any service which can be reasonably demanded cannot be obtained, the commission shall determine and declare and by order fix reasonable measurements, regula- tions, acts, practices or service to be furnished, imposed, ob- served and followed in the future in lieu of those found to be unjust, unreasonable, insufficient, preferential, unjustly discrimi- natory, inadequate or otherwise in violation of this act as the case may be, and shall make such other order respecting such measurement, regulation, act, practice or service as shall be just and reasonable. 3. Whenever, upon an investigation made under the provi- sions of this act, the commission shall find that any rate, toll, charge, schedule or joint rate or rates is unjust, unreasonable, in- sufficient or unjustly discriminatory or preferential or otherwise in violation of any of the provisions of this act, or that any meas- urement, regulation, practice, act or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discrimi- natory or otherwise in violation of any of the provisions of this act, or it shall find that any service is inadequate or that any service which can reasonably be demanded cannot be obtained, the commission shall ascertain and declare and by order fix the expenses incurred by the commission upon such investigation and shall by such order direct such public utility to pay to the state treasurer within twenty days thereafter such expenses so incurred. 4. The commission shall cause a certified copy of all such orders to be delivered to an officer or agent of the public utility affected thereby, and all such orders shall of their own force take effect and become operative twenty days after service there- of, unless a different time be provided by said order. Utilities to conform. Section 1797m—61. All public utilitiesfindings. 129 to which the order applies shall make such changes in their Chap. 22. schedules on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any public utility in any such rates, tolls or charges, or in any joint rate or rates, without the approval of the commission. Certified copies of all other orders of the commission shall be delivered to the public utitlity affected thereby in like manner and the same shall take effect within such time thereafter as the commission shall prescribe. Commission may change orders. Section 1797m—62. The commission may at any time, upon notice to the public utility and after opportunity to be heard as provided in section 1797m —45, rescind, alter or amend any order fixing any rate or rates, tolls, charges or schedules, or any other order made by the com- mission, and certified copies of the same shall be served and take effect as herein provided for original orders. Findings prima facie lawful and reasonable. Section 1797m —63. All rates, tolls* charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie law- ful, and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie reasonable until finally found otherwise in an action brought for that pur- pose pursuant to the provisions of section 1797m—64. Utility dissatisfied; action to set aside; precedence on calen- dar. Section 1797m—64. 1. Any public utility and any per- son or corporation in interest being dissatisfied with any order of the commission fixing any rates, tolls, charges, schedules, joint rate or rates or any order fixing any regulations, practices, act or service may commence an action in the circuit court for Dane county against the commission as defendant to vacate and set aside any such order on the ground that the rate or rates, tolls, charges, schedules, joint rate or rates, fixed in such order is un- lawful, or that any such regulation, practice, act or service fixed in such order is unreasonable, in which action the complaint shall be served with the summons. 2. The answer of the commission to the complaint shall be served and filed within ten days after service of the complaint, whreupon said action shall be at issue and stand ready for trial upon ten days' notice to either party. 3. All such actions shall have precedence over any civil130 injunction procedure. Chap. 22. cause of a different nature pending in such court, and the cir- cuit court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions. Action to set aside, ninety days for. Section 1797m—65. Every proceeding, action or suit to set aside, vacate or amend any determination or order of the commission or to enjoin the enforcement thereof or to prevent in any way such order or determination from becoming effective, shall be commenced, and every appeal to the courts or right of recourse to the courts shall be taken or exercised within ninety days after the entry or ren- dition of such order or determination, and the right to commence any such action, proceeding or suit, or to take or exercise any such appeal or right of recourse to the courts, shall terminate absolutely at the end of such ninety days after such entry or rendition thereof. Injunction procedure. Section 1797m—66. No injunction shall issue suspending or staying any order of the commission, except upon application to the circuit court or presiding judge thereof, notice to the commission, and hearing. New evidence before court—stay while commission recon- siders. Section 1797m—67. 1. If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the court to be different from that offered upon the hearing be- fore the commission or its authorized agent, or additional there- to, the court, before proceeding to render judgment unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission and shall stay further proceedings in said action for fifteen days from the date of such transmission. 2. Upon the receipt of such evidence the commission shall consider the same and may alter, modify, amend or rescind its order relating to such rate or rates, tolls, charges, schedulees, joint rate or rates, regulations, practice, act or service com- plained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence. Upon commission's refolding, conclusion of trial. Section 1797m—68. 1. If the commission shall rescind its order com- plained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, and judg-burden of proof. 131 ment shall be rendered thereon as though made by the commis- Chap, 22. sion in the first instance, 3. If the original order shall not be rescinded or changed by the commission judgment shall be rendered upon such origi- nal order. Appeal to supreme court. Section 1797m—69. Either party to said action, within sixty days after service of a copy of the order or judgment of the circuit court, may appeal to the su- preme court. Where an appeal is taken the cause shall, on the return of the papers to the supreme court, be immediately placed on the state calendar of the then pending term and shall be assigned and brought to a hearing in the same manner as other causes on the state calendar. Burden of proof, Section 1797m—70. In all trials, actions and proceedings arising under the provisions of this act or grow- ing out of the exercise of the authority and powers granted here- in to the commission, the burden of proof shall be upon the party adverse to such commission or seeking to set aside any determi- nation, requirement, direction or order of said commission, to show 'by clear and satisfactory evidence that the determination, requirement, direction or order of the commission complained of is unreasonable or unlawful as the case may be. Court procedure and officers. Section 1797m—71. In all actions and proceedings in court arising under this act all proc- esses shall be served and the practice and rules of evidence shall be the same as in civil actions, except as otherwise herein pro- vided. Every sheriff or other officer empowered to execute civil processes shall execute any process issued under the provisions of this act and shall receive such compensation therefor as may be prescribed by law for similar services. Incriminating evidence. Section 1797m—72. No person shall be excused from testifying or from producing books, ac- counts and papers in any proceeding based upon or growing out of any violation of the provisions of this act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him may tend to incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or for- feiture for or on account of any transaction, matter or thing con-132 competition of utilities. Chap. 22. earning which he may have testified or produced any docu- mentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying. Distribution of orders. Section 1797m—73. Upon applica- tion of any person the commission shall furnish certified copies, under the seal of the commission, of any order made by it, which shall be prima facie evidence of the facts stated therein. Competition of utilities, municipal and other. Section 1797m —74. 1. No license, permit or franchise shall be granted to any person, co-partnership or corporation to own, operate, man- age or control any plant or equipment for the production, trans- mission, delivery or furnishing of heat, light, water or power in any municipality where there is in operation under an inde- terminate permit as provided in this act a public utility engaged in similar service without first securing from the comimission a declaration after a public hearing of all parties interested, that public convenience and necessity require such second public utility. 2. Any existing permit, license or franchise which shall con- tain any term whatsoever interfering with the existence of such second public utility is hereby amended in such a manner as to permit such municipality to grant an indeterminate permit for the operation of such second public utility pursuant to the pro- visions of this act. 3. No municipality shall hereafter construct any such plant or equipment where there is in operation under an indetermin- ate permit as provided in this act, in such municipality a public utility engaged in similar service, without first securing from the commission a declaration, after a public hearing of all parties interested, that public convenience and necessity require such municipal utility. But nothing in this section shaH be construed as preventing a municipality acquiring any existing plant by purchase or by condemnation as hereinafter provided. 4. Nothing in this section shall be construed so as to prevent the granting of an indeterminate permit or the construction of a municipal plant where the existing public utility is operating without an indeterminate permit as provided in this act. Foreign utilities excluded. Section 1797m—75. No license, permit or franchise to own, operate, manage or control any plant or equipment for the production, transmission, delivery or fur- nishing of heat, light, water or power shall be hereafter granted,municipal acquisition. 133 or transferred except to a corporation duly organized under the Chap. 22. laws of the state of Wisconsin. Grants hereafter to be indeterminate; municipal acquistion. Section 1797m—76. Every license, permit or franchise hereafter granted to any public utility shall have the effect of an indeter- minate permit subject to the provisions of this act, and subject to the provision that the municipality in which the major part of its property is situate may purchase the property of such pub- lic utility actually used and useful for the convenience of the public at any timje as provided herein, paying therefor just com- pensation to be determined by the commission and according to the terms and conditions fixed by said commission. Any such municipality is authorized to purchase such property and every such public utility is required to sell such property at the value and according to the terms and conditions determined by the commission as herein provided. Voluntary change to indeterminate plan—contract waiver implied. Section 1797m'—77. Any public utility, being at the time a corporation duly organized under the laws of the state of Wisconsin, operating under an existing license, permit or franchise shall, upon filing at any time prior to the expiration of such license, permit or franchise and prior to July 1, 1908, with the clerk of the municipality which granted such franchise and with the commission, a written declaration legally executed that it surrenders such license, permit or franchise, receive by opera- tion of law in lieu thereof, an indeterminate permit as provided in this act; and such public utility shall hold such permit under all the terms, conditions and limitations of this act. The filing of such declaration shall be deemed a waiver by such public util- ity of the right to insist upon the fulfillment of any contract theretofore entered into relating to any rate, charge or service regulated by this act. Grants hereafter: implied consent and waiver. Section 1797m—78. Any public utility accepting or operating under any license, permit or franchise hereafter granted shall, by accept- ance of any such indeterminate permit be deemed to have con- sented to a future purchase of its property actually used and use- ful for the convenience of the public by the municipality in which the major part of it is situate for the compensation and under the terms and conditions determined by the commission, and-134 plants now existing. Chap. 22. shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the verdict of a jury, and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are pro- vided in this act. Municipal powers under utility law. Section 1797m—79. 1. Any municipality shall have the power, subject to the provisions of this act, to construct and operate a plant and equipment or any part thereof for the production, transmission, delivery or furnishing of heat, light, water or power. 2. Any municipality shall have the power, subject to the provisions of this act, to purchase by an agreement with any public utility any part of any plant, provided, that such purchase and the terms thereof shall be approved by the commission after a hearing as provided in sections 1797m—81 and 1797m—82. 3. Any municipality shall have the power, subject to the provisions of this act to acquire by condemnation the property of any ptiblic utility actually used and useful for the convenience of the public then operating under a license, permit or franchise existing at the timfe this act takes effect, or operating in such municipality without any permit or franchise. 4. Any municipality shall have the power, subject to the provisions of this act, to acquire by purchase as provided in this act, the property of any public utility actually used and useful for the convenience of the public operating under any indetermi- nate permit as provided herein. Plants now existing, municipality's action to acquire. Section 1797m—80. If the municipality shall have determined to ac- quire an existing plant then operated under a license, permit or franchise existing at the time this act takes effect, such munici- pality shall bring an action in the circuit court against the pub- lic utility as defendant praying the court for an adjudication as to the necessity of such taking by the municipality, in which action the complaint shall be served with the summons. The public utility shall serve and file its answer to such complaint within ten days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon ten days' notice by either party. Unless the parties thereto waive a jury, the question as to the necessity of the taking of such property by the municipality shall be as speedily as possible submitted to a jury.apfeal, to court. 135 Under indeterminate permit—municipality's notices for ac- Chap. 22. quisition. Section 1797m—81. If the municipality shall have determined to acquire an existing plant and the public utility owning such plant shall have consented to the taking over of such plant by the municipality by acceptance of an indetermi- nate permit as provided herein, or, in case such public utility shall not have waived or consented to such taking, if the jury shall have found that a necessity exists for the taking of such plant, then the municipality shall give speedy notice of such determination and of such consent or such verdict of a jury to the public utility and to the commission. Compensation for property to be determined by commission. Section 1797m—82. The commission shall thereupon after pub- lic hearing and within three months from the receipt of such notice and upon notice to the municipality and the public utility interested, by order fix and determine and certify to the mun- icipal council and to the public utility just compensation to be paid for the taking of the property of such public utility actually used and useful for the convenience of the public and all other t&rms and all conditions of sale and purchase which it shall ascer- tain to be reasonable. The compensation and other terms and the conditions of sale and purchase thus certified by the com- mission shall constitute the compensation and terms and condi- tions to be paid, followed and observed in the purchase of such plant from such public utility. Upon the filing of such certifi- cate with the clerk of such municipality the exclusive use of the property taken shall vest in such municipality. Appeal to court from compensation order. Section 1797m —83. Any public utility or the municipality being dissatisfied with such order may commence and prosecute an action in the circuit court to alter or attend such order or any part thereof as provided in sections 1797m—64 to 1797m—73 inclusive, and said sections so far as applicable shall apply to such action. If decision for commission. Section 1797m—84. If the plaintiff shall not establish to the full satisfaction of the court that the compensation fixed and determined in such order is unlawful or that some of the terms or conditions fixed and de- termined therein are in some particulars unreasonable, the com- pensation, terms and conditions fixed in said order shall be the compensation, terms and conditions to be paid, followed and ob- served in the purchase of said plant from such public utility.136 reconsideration op compensation. Chap. 22. If decision for utility. Section 1797m—85. If the plaintiff shall establish to the full satisfaction of the court and the court shall adjudge that such compensation is unlawful or that some of such terms or conditions are unreasonable, the court shall remand the same to the commission with such findings of fact and conclusions of law as shall set forth in detail the reasons for such judgment and the specific particulars in which such order of the commission is adjudged to be unreasonable or unlawful. Reconsideration of compensation. Section 1797m—86. 1. If the compensation fixed by the previous order of the commis- sion be adjudged to be unlawful, the commission shall forthwith proceed to set a re-hearing for the re-determination of such com- pensation as in the first instance. 2. The commission shall forthwith otherwise alter and amend such previous order with or without a re-hearing as it may deem necessary so that the same shall be reasonable and lawful in every particular. Power of councils to regulate utilities; appeal. Section 1797m—87. Every municipal council shall have power. (1.) To determine by contract, ordinance or otherwise the quality and character of each kind of product or service to be-furnished or rendered by any public utility furnishing any product of serv- ice within said municipality and all other terms and conditions not inconsistent with this act upon which such public utility may be permitted to occupy the streets, highways or other pub- lic property within such municipality and such contract, ordi- nance or other determination of such municipality shall be in force and prima facie reasonable. Upon complaint made by such public utility or by any qualified complainant as provided in sec- tion 1797m—43, the commission shall set a hearing as provided in sections 1797m—45 and 1797m—46 and if it shall find such contract, ordinance or other determination to be unreasonable, such contract, ordinance or other determination shall be void. (2.) To require of any public utility by ordinance or other- wise such additions and extensions to its physical plant wiihin said municipality as shall be reasonable and necessary in the interest of the public, and to designate the location and nature of all such additions and extensions, the time within which they must be completed and all conditions under which they must be constructed subject to review by the commission as pro- vided in subdivision 1 of this section.unjust discrimination. 137 (3.) To provide for a penalty for non-compliance with the Ohap. 22. provisions of any ordinance or resolution adopted pursuant to the provisions hereof. (4.) The power and authority granted in this section shall exist and be vested in said municipalities, anything in this act to the contrary notwithstanding. Franks and privileges to political committees and candidates; penalty. Section 1797m—88. No public utility or any agent or officer thereof, or any agent or officer of any municipality con- stituting a public utility as defined in this act shall offer to give for any purpose to any political committee or any member or employe thereof, to any candidate for or incumbent of, any office or position under the constitution or laws or under any ordinance of any municipality of this state, or to any person at the request, or for the advantage of all or any of them, any frank or any privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered, or to be produced, transmitted, delivered, furnished or rendered by any public utility, or the conveyance of any telephone message or communication or any free product or service whatsoever. 2. No political committee and no member or employe there- of, no candidate for and no incumbent of any office or position under the constitution or laws or under any ordinance of any town or municipality of this state, shall ask for or accept from any public utility or any agent or officer thereof, or any agent or officer of any municipality constituting a public utility as defined in this act, or use in any manner or for any purpose any frank or privilege withheld from any person, for any product or service produced, transmitted, delivered, furnished or rendered, or to be produced, transmitted, delivered; furnished or rendered by any public utility, or the conveyance of any telephone mes- sage or communication. 3, Any violation of any of the provisions of this section shall be punished by imprisonment in the state prison not more than five years nor less htan one year or by fine not exceeding one thousand dollars nor less than two hundred dollars. Unjust discrimination: definition and penalty. Section 1797m—89. 1. If any public utility or any agent or officer thereof, or any officer of any municipality constituting a public utility as defined in this act shall, directly or indirectly, by any device whatsoever or otherwise, charge, demand, collect or receive from any person, firm or corporation a greater or less compensation138 undue preference. Chap. 22. for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnish- ing of heat, light, water or power or the conveyance of telephone messages or for any service in connection therewith than that prescribed in the published schedules or tariffs then in force or established as provided herein, or than it charges, demands, col- lects or receives from any other person, firm! or corporation for a like and contemporaneous service, such public utility shall be deemed guilty of unjust discrimination which is hereby pro- hibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the state treasury not less than one hundred dollars nor more than one thousand dollars for each offense; and such agent or officer so offending shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offense. Facilities in exchange for compensation prohibited. Section 1797m—90. It shall be unlawful for any public utility to demand, charge, collect or receive from any person, firm or corporation less compensation for any service rendered or to be rendered by said public utility in consideration of the furnishing by said per- son, firm or corporation of any part of the facilities incident thereto; provided nothing herein shall be construed as prohibit- ing any public utility from renting any facilities incident to the production, transmission, delivery or furnishing of heat, light, water or power or the conveyance of telephone messages and paying a reasonable rental therefor. 4 Undue preference or prejudice; penalty. Section 1797m—91. If any public utility make or give any undue or unreasonable preference or advantage to any particular person, firm or cor- poration or shall subject any particular person, firm or corpora- tion to any undue or unreasonable prejudice or disadvan- tage in any respect whatsoever, such public utility shall be deemed guilty of unjust discrimination which is hereby pro- hibited and declared unlawful. The furnishing by any public utility, of any product or serv- ice at the rates and upon the terms and conditions provided for in any existing contract executed prior to April 1, 1907, shall not constitute a discrimination within the meaning specified. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and on convic-rebates, concessions. 139 tion thereof shall be punished by a fine of not less than fifty dol- Chap. lars nor more than one thousand dollars for each offense. Rebates, concessions and discriminations unlawful; penalty. Section 1797m—92. It shall be unlawful for any person, firm or corporation knowingly to solicit, accept or receive any rebate, concession or discrimination in respect to any service in or af- fecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveying of telephone messages within this state, or for any service in con- nection therewith whereby any such service shall, by any device whatsoever, or otherwise, be renderd free or at a less rate than that named in the published schedules and tariffs in force as provided herein, or whereby any service or advantage is re- ceived other than is herein specified. Any person, firm or cor- poration violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be pun- ished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense. Utilities liability for damages. Section 1797m—93. If any public utility shall do or cause to be done or permit to be done any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, such public utility shall be liable to the person, firm or corporation injured thereby in treble the amount of damages sustained in consequence of such violation; provided, that any recovery as in this section provided, shall in no manner affect a recovery by the state of the penalty prescribed for such violation. Information, papers and accounting: delinquency penal. Section 1797m—94. Any officer, agent or employe of any pub- lic utility or of any municipality constituting a public utility as defined in this act who shall fail or refuse to fill out and return any blanks as required by this act, or shall fail or refuse to answer any question therein propounded, or shall knowingly or wilfully give a false answer to any such question or shall evade the answer to any such question where the fact inquired of is within his knowledge or who shall, upon proper demand, fail or refuse to exhibit to the commission or any commissioner or any person authorized to examine the same, any book, paper, ac- count, record, or memoranda of such public utility which is in his possession or under his control or who shall fail to properly use and keep his system of accounting or any part thereof as140 VIOLATIONS IN GENERAL. Chap. 22. prescribed by the commission, or who shall refuse to do any act or thing in connection with such system of accounting when so directed by the commission or its authorized representative, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one thousand dollars for each offense. 2. And a penalty of not less than five hundred dollars nor more than one thousand dollars shall be recovered from the public utility for each such offense when such officer, agent or employe acted in obedience to the direction, instruction or re- quest of such public utility or any general officer thereof. Violations in general, penalty; utility responsible for agents. Section 1797m—95. 1. If any public utility shall violate any provision of this act, or shall do any act herein prohibited or shall fail or refuse to perform any duty enjoined upon it for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the commission or the municipal council or any judgment or decree made by any court upon its application, for every such violation, failure or refusal such public utility shall forfeit and pay into the treasury a sum not less than one hundred dollars nor more than one thousand dollars for each such offense. 2. In construing and enforcing the provisions of this section the act, omission or failure of any officer, agent or other person acting for or employed by any public utility acting within the scope of his employment shall in every case be deemed to be the act, omission or failure of such public utility. Municipal officers' delinquency penal. Section 1797m—96. If any officer of any town, village or city constituting a public utility as defined in this act shall do or cause to be done or per- mit to be done any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit, fail, neglect or refuse to do any act, matter or thing required by this act of such officer to be done, or shall omit, fail, neglect or refuse to perform any duty enjoined upon him and relating directly or indirectly to the enforcement of this act, or shall omit, fail, neglect or refuse to obey any lawful requirement or order made by the commission or any judgment or decree made by the court upon its application, for every such violation, failure or refusal such officer shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.temporary suspension op rates. 141 Interference with commission's equipment penal. Section Chap. 22. 1797m—97. 1. Any person who shall destroy, injure or inter- fere with any apparatus or appliance owned or operated by or in charge of the commission or its agent shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine not exceeding one hundred dollars or imprisonment for a period not exceeding thirty days or both. 2. Any public utility permitting the destruction, injury to, or interference with, any such apparatus or appliance, shall for- feit a sum not exceeding one thousand dollars for each offense. Every day's violation distinct. Section 1797m—98. Every day during which any public utility or any officer, agent or em- ploye thereof shall fail to observe and comply with any order or direction of the commission or to perform any duty enjoined by this act shall constitute a separate and distinct violation of such order or direction or of this act as the case may be. Temporary alteration or suspension of rates. Section 1797m —99. l.The commission shall have power, when deemed by it nec- essary to prevent injury to the business or interests of the people or any public utility of this state in case of any emergency to be judged of by the commission, to temporarily alter, amend, of with the consent of the public utility concerned, suspend any existing rates, schedules and order relating to or affecting any public utility or part of any public utility in this state. 2. Such rates so made by the commission shall apply to one or more of the public utilities in this state or to any portion thereof as may be directed by the commission, and shall take effect at such time and remain in force for such length of time as may be prescribed by the commission. Followed by permanent rate regulation. Section 1797m— 100. Whenever, after hearing and investigation as provided in this act, the commission shall find that any rate, toll, charge, regulation or practice for, in, or affecting or relating to the pro- duction, transmission, delivery or furnishing of heat, light, wa- ter or power or the conveying of any telephone message or any service in connection therewith not hereinbefore specifically des- ignated, is unreasonable or unjustly discriminatory, it shall have the power to regulate the same as provided in section 1797m—43 to 1797m—51 and 1797m—60 to 1797m—62, inclusive.142 law enforcing power. Chap. 22. Lives lost: utility must report; investigation. Section 1797m—101. 1. Every public utility shall, whenever an acci- dent attended with loss of human life occurs within this state upon its premises or directly or indirectly arising from or con- nected with its maintenance or operation, give immediate notice thereof to the commission. 2. In the event of any such accident the commission, if it deem the public interest require it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless for greater convenience of those concerned it shall order such investigation to be held at some other place; and said investigation may be adjourned from place to place as may be found necessary and convenient. The com- mission shall seasonably notify the public utility of the time and place of the investigation. Law enforcing power; attorney's aid; court and counsel. Section 1797m—102. 1. The commission shall inquire into any neglect or violation of the laws of this state by any public utility doing business therein, or by the officers, agents or em- ployes thereof or by any person operating the plant of any pub- lic utility, and shall have the power and it shall be its duty to en- force the provisions of this act as well as all other laws relat- ing to public utilities, and to report all violations thereof to the attorney general. 2. Upon the request of the commission it shall be the duty of the attorney general or the district attorney of the proper county to aid in any investigation, hearing or trial had under the provisions of this act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this act and of all other laws of this state relating to public utilities and for the punishment of all violations thereof. 3. Any forfeiture or penalty herein provided shall be recov- ered and suit therein shall be brought in the name of the state of Wisconsin in the circuit court for Dane county. Complaint for the collection of any such forfeiture may be made by the commission or any member thereof, and when so made the action so commenced shall be prosecuted by the attorney general. 4. The commission shall have authority to employ counsel in any proceeding, investigation, hearing or trial. Commission's work: technical omissions not to invalidate. Section 1797m—103. A substantial compliance with the re- quirements of this act shall be sufficient to give effect to all theother rights op action. 143 rules, orders, acts and regulations of the commission and they Chap. shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. Other rights of action; penalties cumulative. section 1797m—104. This act shall not have the effect to release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may have arisen or which may hereafter arise, under any law of this state; and all penalties and forfeitures accruing under this act shall be cumulative and a suit for any recovery of one shall not be a bar to the recovery of any other penalty. Rates of April 1, 1907, to govern; reports thereof; proceed- ings to change. Section 1797m—105. 1. Unless the commis- sion shall otherwise order, it shall be unlawful for any public utility within this state to demand, collect or receive a greater compensation for any service than the charge fixed on the lowest schedules of rates for the same service on the first day of April, 1907. 2. Every public utility in this state shall, within thirty days after the passage and publication of this act, file in the office of the commission, copies of all schedules of rates and charges in- cluding joint rates, in force on the first day of April, 1907, and all rates in force at any time subsequent to said date. 3. Any public utility desiring to advance or discontinue any such rate or rates may make application to the commission in writing stating the advance in or discontinuation of the rate or rates desired, giving the reasons for such advance or discontin- uation. 4. Upon receiving such application the commission shall fix a time and place for hearing and give such notice to interested parties as it shall deem proper and reasonable. If, after such hearing and investigation, the commission shall find that the change or discontinuation applied for is reasonable, fair and just. it shall grant the application either in whole or in part. 5. Any public utility being dissatisfied with any order of the commission made under the provisions of this section may com- mence an action against it in the circuit court in the manner pro- vided in sections 1797m—64 to 1797m—73, inclusive, of this act, which action shall be tried and determined in the same manner as is provided in said sections.144 tenement house act. Chap. 22. Employes of commission. Section 1797m—106. The em- ployment of agents, experts, engineers, accountants, examiners or assistants by the commission as provided in this act, and the payment of their compensation and traveling and other ex- penses, shall be under the provisions of section 1, chapter 362, of the laws of 1905, and acts amendatory thereof. Appropriation. Section 1797m—107. A sum sufficient to carry out the provisions of this act is appropriated out of any money in the state treasury not otherwise appropriated, not ex- ceeding fifty-two thousand dollars. Conflicting laws repealed. Section 1797m—108. All acts and parts of acts conflicting with the provisions of this act are repealed in so far as they are inconsistent herewith. (Chap. 499, 1907.) Tenement House Act. Section 1636—450. This act shall be called the Tenement, Lodging and Boarding House Act. Tenement—description. 1. A tenement house is any house or building or portion thereof which is rented, leased, let or hired out to be occupied, or is occupied as a home or residence of two or more families living independently and doing their cooking or having facilities for doing their cooking upon the premises, and having a common right in the halls, stairways, yards and water-closets or some of them. Lodging or boarding. 2. A lodging or boarding house is any house or building or portion thereof in which persons are harbored, received or lodged for hire; or any building or part thereof which is used for persons not members of the same fam- ily to sleep in or occupy as a lodging. Apartment. 3. An apartment is a room or suite of rooms occupied or designed to be occupied as a family domicile.tenement house—fire proof. 145 Yard. 4. A yard is an open, unoccupied space on the same Chap. 22. lot with a tenement, lodging or boarding house between the rear line of the house and the rear line of the lot. Courts. 5. A court is an open unoccupied space other than a yard on the same lot with a tenement, lodging or boarding house; a court entirely surrounded by a house or building is an "inner court"; a court bounded on one side and both ends by a house or building and on the remaining side by a lot line is a "lot line court," a court extending to a street, alley or yard is an "outer court". Shafts. 6. A shaft includes exterior and interior shafts whether for air, light, elevator, dumbwaiter or any other pur- pose. A vent shaft is one used solely to ventilate or light a water-closet compartment or bath-room. Public hall, 7. A public hall is a hall, corridor or passage- way not within aii apartment. Stair-hall. 8. A stair-hall includes the stairs, stair-landings and those portions of the public halls through which it is nec- essary to pass in going from the entrance floor to the roof. Basement. 9. A basement is a story partly but not more than one-half its height below the level of the curb. Cellar. 10. A cellar is a stoty more than one-half its height below the level of the curb. "Fireproof"; exemption of floors and rails. 11. The expres- sions "fire-proof" and "fire-proof construction," wherever herein used mean a construction of walls, piers, partitions, floors, roof and stairs in which no wood or other inflammable material is used, in which the several parts are made of hard, incombustible, fire-resisting materials and in which all structural parts of steel or iron are thoroughly protected from fire by an ample covering of such fire resisting material. A fire-proof tenement, lodging or boarding house is one of fire-proof construction. But this defi- nition shall not be construed as prohibiting, elsewhere than in stair halls or entrance halls, the use of wooden flooring on top146 tenement house—stair-halls. Ciiap. 22. of the fire-proof floors or the use of hardwood hand rails to stairs. Street grade. 12. Where a grade in the street adjacent to a tenement, lodging or boarding house varies, the mean or aver- age grade of such streeet shall be considered the grade of such street. "Shall." 13. The word "shall" is always mandatory and not directory and denotes that the building must be maintained ac- cording to the mandate as long as it continues in use as a tene- ment, lodging or boarding house. Five-story; fire-proof mandatory. Section 1636—151. Every tenement, lodging or boarding house hereafter erected exceeding five stories or parts of stories in height above the curb level shall be of fire-proof construction, nor shall any such building be altered to exceed such height without being made a fire-proof building. Stair-halls: fire-proof, when;woodwork,when, what and bow; quality of glass. Section 1636—152. The stair-halls in all non- fire-proof as well as fire-proof tenement, lodging or boarding houses hereafter erected shall be constructed as in this section specified: Every tenement house hereafter erected which shall exceed four stories and cellar in height or which exceeds three stories and cellar in height and is occupied or arranged to be occupied by more than two families on any floor, and every lodg- ing or boarding house which exceeds four stories and cellar in height or which exceeds three stories and cellar in height and is occupied or arranged to be occupied by more than twenty-four persons on any one floor shall have walls, floors and ceilings of fire-proof construction throughout. The risers, treads, stringers and balusters of stairs shall be of metal, stone or other non-com- bustible material. Hand-rails of hardwood will be permitted. In all such buildings, if non-fire-proof, the doors opening from such stair halls shall be fire-proof and self-closing, and if pro- vided with glass, it shall be of good quality wire-glass. There shall be no transom or movable sash opening from such stair halls to any other part of the house, and any and all fixed sash opening on such halls must be of metal filled with wire-glass. In tenement houses hereafter erected four stories and cellar intenement house—stairs. 147 height and which are not occupied or arranged to be occupied Chap. 22. by more than two families on any floor, and in lodging or board- ing house hereafter erected which are four stories and cellar in height and are not occupied or arranged to be occupied by more than twenty-four persons on any floor the floor and walls of stair halls shall be of fire-proof construction and the stairs of such building shall be of iron, stone or other incombustible ma- terial, or may be of wood provided they be mill construction. Stairs of mill construction shall have all stringers, carriages, risers and treads of wood not less than one and three-fourths inches thick, planed on all surfaces. The treads and risers shall be housed into stringers, the risers grooved into the tread above riser. The treads shall have rounded edges at front and back, with angle moldings at intersection of treads and risers. The under side of stairs shall not be enclosed with any material forming an air space between such enclosing and the under side of stairs. In such buildings hereafter erected which do not exceed three stories and cellar in height the stair halls may be enclosed with wooden stud partitions, provided such partitions are covered on both sides with metal lath or with good quality plaster boards not less than one-half inch in thickness, made of plaster and strong fibre, and all joints made true and well pointed, and provided that the space between the studs is filled in at each floor with brick the full height of the floor beams; and the stairs in such buildings shall be fire-proof, or of mill construction, if of wood. Stairs: width, risers, treads, strength; winding forbidden. Section 1636—153. Every tenement, lodging or boarding house hereafter constructed shall have at least one flight of stairs ex- tending from the entrance floor to the roof, and the stairs and public halls therein shall be at least three feet six inches wide in the clear. All stairs shall be constructed with a rise of not more than seven and one-half inches and with treads not less than nine and one-half inches wide. Winding stairs shall not be permitted in any tenement, lodging or boarding house. The framework, landings and platforms of all stairs must have suffi- cient strength to carry a safe live load, with a factor of safety of four, of seventy-five pounds per square foot when stairs are loaded over entire area. Fourth story standards; second lowest floor and lowest ceil- ing, when fire-proof. Section 1636—154. In every non-fire- proof as well as fire-proof tenement, lodging or boarding house148 TENEMENT HOUSE—FLOOR AND PARTITION. Chap. 22. hereafter erected four stories or more in height exclusive of cel- lar, the floor of the first story above the cellar, or, if there be no cellar, the floor above the lowest story, shall be of fire-proof con- struction. In every non-fire-proof tenement, lodging or board- ing house hereafter erected less than four stories in height, where the first floor above the lowest cellar, or if there be no cellar, above the lowest story is not of fire-proof construction, the cellar ceiling of such building shall be lathed with metal lath and plastered thereon with two coats of brown mortar of good ma- terial, or shall be covered with plaster boards not less than one- half inch in thickness, made of plaster and strong fibre and all joints made true and well pointed. Floor and partition: meeting line, incombustible fillings along. Section 1636—155. In all non-fire-proof tenement, lodging or boarding houses hereafter erected, fore and aft stud partitions which rest directly over each other shall run through the wooden floor beams and rest upon the plate of the partition below, and shall have the studding filled in solid between the uprights the full depth of the floor beams with suitable incom- bustible materials. In all fire-proof tenement, lodging or board- ing houses hereafter erected all partitions shall rest directly upon the fire-proof floor construction and extend to the fire-proof beam filling above. Scuttle to roof : material, access, fastening. Section 1636— 156. Every tenement, lodging or boarding houSe shall have in the roof a bulkhead or scuttle. No scuttle or bulkhead shall be less in size than two feet by three feet and all scuttles shall be covered on the outside with metal and shall be provided with stairs or stationary ladders leading thereto and easily accessible to all tenants of the building and kept free from encumbrance and ready for use at all times. Access through the scuttle or bulkhead to the roof must be direct and uninterrupted, and no scuttle or bulkhead door shall at any time be locked with a key but either may be fastened on the inside by movable bolts or hooks. Shafts and their openings to be fire-proof. Section 1636— 157. All shafts hereafter constructed in tenement, lodging or boarding houses shall be constructed fire-proof throughout with fire-proof self closing doors, or fire resisting glass set in metal frames at all openings. But nothing in this section containedtenement house—fire escapes. 149 shall be so construed as to require such enclosures about eleva- Chap. 22. tors or dumbwaiters built in the well-hole of stairs where the stairs themselves are inclosed in brick or stone walls and are en- tirely constructed of fire-proof material. Fire-escapes: access, strength, insertions, balconies, railings, ladders, standpipes, painting. Section 1636—158. Every tene- ment, lodging or boarding house hereafter erected exceeding two stories in height, and every such building heretofore erected which, at the time of the passage and publication of this act is not provided with sufficient iron fire escapes, shall have on the outside thereof one or more open iron fire escapes consisting of stairways and balconies in such number and location and of such form as shall be directed by the departments charged with the enforcement of this act. Such fire escape in tenement houses shall open directly from at least one room other than a bath- room or water-closet compartment in each apartment at each story above the ground floor and shall not include the window of a stair hall. In all lodging and boarding houses with separate rooms for occupants, such fire escapes must be directly acces- sible from all the public halls, in each story, communicating with the several sleeping rooms. All fire escape stairways shall be placed at an angle not steeper than forty-five degrees and shall be constructed with steps not less than six inches in width nor less than twenty-two inches in length and with a rise of not more than eight inches, and shall sustain in all their parts a safe load with a factor of safety of four, of not less than one hundred pounds per step, with the exception of the treads each of which must safely sustain with the same factor of safety a center load of two hundred pounds. Such stairs shall rest upon and be bolted to brackets the upper arm of which shall go through the wall and be properly secured by nuts and four inch square washers at least three-eighths of an inch thick, and the lower end of which shall be let into the wall and be securely fastened in place. The stringers of the stairs shallibe securely bolted to similar brack- ets at the top. The stairs shall have hand rails of wrought iron well braced. Such fire escape shall be connected with the build- ing at each story above the first by a wrought iron balcony not less than three feet four inches wide shall be surrounded by a wrought iron railing not less than two feet nine inches high. The stairway opening in each platform or balcony shall be not less than twenty-one inches wide and sixty-six inches long and shall have no cover of any kind but shall be provided with a railing. There shall be a landing at the head and foot of each flight not less than twenty-four inches long, measured in the150 tenement house—yard. Chap. 22. direction of the stairway. In every case there shall be a pas- sageway between the stringers of the stairway and the wall of the building or the outer rail of the balcony as the case may be, each passageway to be not less than eighteen inches wide in every part. The balconies shall be constructed to sustain in all their parts a safe load with a factor of safety of four, of not less than eighty pounds per square foot of surface. The outside top and bottom railings shall extend around the entire balcony and in all cases shall go through the wall at each end and be prop- erly secured by nuts and four-inch square washers at least three- eighths of an inch thick. No balcony railing shall be connected at angles by cast iron. The balcony on the top floor shall be provided with a goose-neck ladder leading to and above the roof. The lowest balcony shall be provided with a drop ladder reaching to the ground. There shall be attached to such fire escape a three inch wrought iron standpipe extending from a point within five feet of the ground to a point three feet above the roof or cornice, and at each story above the first and on the roof there shall be attached a two and one-half inch angle hose valve with male hose connection, and a double or Siamese "Y" female hose connection at the base of the pipe, with threads to conform to the size and pattern used by the fire department where the building is located. All parts of the fire escape shall receive two coats of paint, one in the shop and one after erection. Yard: required dimension percentages. Section 1636—159. No tenement, lodging or boarding house shall hereafter be erected or enlarged nor shall any building or buildings be built upon or moved onto a lot occupied by dwellings so as to occupy more than eighty per cent, of a corner lot nor more than than sixty-five per cent, of any other lot; provided that the space oc- cupied by fire escapes shall not be deemed a part of the lot oc- cupied. Building heights relative to street widths. Section 1636— 160. The height of no tenement, lodging or boarding house here- after erected or enlarged shall exceed one and one-half times the width of the widest street upon which it is located. Such heights shall be the perpendicular distance measured in a straight line from the curb level to the highest point of the roof beams, provided that where there are bulkheads exceeding ten feet in height or exceeding in area ten per centum of the area of the roof the measurement shall be taken to the top of the bulkhead.tenement house—yard. 151 Yard: minimum depths; fourth story standards. Section Chap. 22. 1636—161. (1) Behind every tenement, lodging or boarding house hereafter erected or enlarged upon any lot which does not extend from the street to an alley there shall be a yard extend- ing across the entire width of the lot, at every point open from the ground to the sky unobstructed, except that fire escapes or unenclosed outside stairs may project not over four feet from the rear line of the house, and the depth of said yard measured from the extreme rear wall of the house to the rear line of the lot shall be as follows: The depth of the yard behind such house hereafter erected upon a corner lot shall not be less than ten feet in every part, provided that where such lot is less than one hundred feet in depth, the depth of the yard shall be not less than ten per centum of the depth of such lot, but shall never be less than five feet in every part, nor less than the minimum width of a lot line court hereinafter prescribed; the depth of the yard behind tenement, lodging or boarding houses built on other than corner lots shall never be less than ten feet in every part, and for such buildings four stories high the depth shall be twelve feet and shall increase in depth one foot for every additional ten feet or fraction thereof in the height of the building. Where such lot extends from the street to an alley at least ten feet in width there shall be a yard extending across the entire width of the lot; where such building or buildings are less than four stories in height, such yard to be not less than five feet in depth in every part, and to increase in depth one foot for every additional ten feet or fraction thereof in the height of the building. Where the alley is less than ten feet wide, the depth of the yard shall be increased proportionately. Front and rear tenements; spaces between. (2) No tenement, lodging or boarding house or building used as a habitation shall be erected upon or moved onto the front of any lot where there is another building upon the rear of the same lot or upon the rear of any lot where there is another building upon the front of the same lot unless there be between them a clear, unobstruct- ed space at least ten feet in width if such buildings are not more than one story high above the level of the ground; if either of such buildings be two stories high the distance shall not be less than fifteen feet; if either be three stories high the distance shall be twenty feet; and if over three stories high the distance shall be twenty-five feet.152 tenement house—lot - line. Chap. 22. Courts: purposes and dimensions. Section 1636—162. (1) No tenement or lodging house hereafter constructed shall have inner courts or lot line courts, except for the purpose of lighting or ventilating water-closet or bath-room compartments. Lot-line. (2) Where one side of a court is situated on the lot line the width of such court measured from the lot line to the wall of the building shall be not less than four feet, where the court extends from the street to the yard; but where the court is open either to the street or yard alone, the least width of such court shall be six feet for buildings four stories or less in height; for buildings over four stories, the width of such court shall in- crease one foot for each additional story. Outer. (3) Where an outer court is situated between wings or parts of the same building or between different buildings on the same lot the width of said court measured from wall to wall shall be not less than eight feet in any part, provided the court does not exceed thirty-six feet in length, in all buildings four stories or less in height; for each additional story in height such court shall increase one foot in width; and for each additional ten feet of increase or fraction thereof in the length of such court, the entire width shall be increased one foot, and the increases in width shall be cumulative. Inner. (4) Any interior court, l->t line or vent shaft used or intended to be used as the means of ventilating or lighting a bath-room or water-closet compartment shall have an area of not less than twenty-two and one-half square feet and a least width of three feet for every building not more than two stories high, and for all buildings more than two stories high an area of twenty-five square feet, and a least width of three feet and four inches. No roof. (5) No court or vent shaft shall be covered by a roof or sky light but shall be open and unobstructed from the bottom of such shaft to the sky. Windows: number, situation, area, height, opening. Section 1636—163. (1) In every tenement, lodging or boarding house hereafter erected every room except water-closet compartment and bath-room shall have at least one window opening directlytenement house—light and air. 153 upon the street or upon a yard or court of the dimensions spe- Chap. 22. cified in section 1636—161, (1) and (2) and section 1636—162, (2) and (3), and the total window area in every such room shall be at least one-tenth of the superficial area of the room, and the top of at least one such window shall be not less than seven feet six inches above the floor and the upper half of it shall be made so as to open the full width. Buildings hitherto erected: light and air. (2) No building heretofore erected shall be converted into, used or leased for a tenement, lodging or boarding house unless every habitable room shall have a window opening to the outside air as herein- after specified for buildings hereafter erected; provided that every habitable room of a less area than one hundred square feet, if it does not communicate dircctly with the external air and is without an open fire place, shall be provided with spe- cial means of ventilation by a separate air-shaft extending to the roof of the building with a sectional area of at least one square inch for every ten cubic feet of space contained in such room, and shall be lighted by a sash window, containing not less than fifteen square feet of glazed surface, opening into an ad- joining room in the same apartment which latter room opens directly onto a street, yard or alley, and has a window or win- dows the glazed surface of which equals one-twelfth of the floor area of the room. Public hall: windows and skylight. Section 1636—164. (1) In every tenement, lodging or boarding house hereafter erected one at least Of the windows provided to light each public hall or part thereof shall contain not less than ten square feet of glass area. In every such house there shall be in the roof directly over each stair-well a ventilating skylight provided with ridge or gable ventilators having a minimum opening of forty square inches, or such skylight shall be provided with fixed or movable louvres; the glazed roof of such skylight shall be not less than twenty square feet in area. In tenement, lodging or boarding houses hereafter erected where the stairs or public halls are not provided with windows on each floor opening directly to the outer air, the skylight shall be provided with such ridge or gable ventilators and also with fixed or movable louvres or movable sashes. Buildings hitherto erected: windows. (2) In every tene- ment, lodging or boarding house heretofore erected which has154 tenement house—6 22 lives lost, report........................ ..142 1797may lay on bridges and viaducts..... city may lease such tracks............. shall not grant exclusive franchise on 'bridges 'having such tracks, or on streets leading thereto............... joint use of by street railways........... procedure looking to joint use........... •appeal not to delay uise................... poles and wire, joint use................. TREASURER, CITY— to pay interest snd principal of sewer bonds may keep on hand $100,000.............. to give bond for tax collection, not ex- ceeding $500^000 .................... may correct tax roll, when............... TRUANT OFFICERS— number in cities, appointment............ reports 'by teachers to................... superintendent's report to................ compensation of ........................ powers of............................... TRUANT SCHOOLS— cities may establish...................... teachers of, parole regulation............ support of children attending............ oversight of children attending........... 163 1 22 163 2 22 163 3 22 163 4 22 165 5 22 166 6 22 43 8 12 11 17 4 12 18 4 12 19 4 161 940j-41 22 162 940j-42 22 162 940j-43 22 163 940j-44 22 32 9f 8 92 8a 17 97 38a 18 98 1 18 51 23 12 52 24 12 54 25 12 55 26 12 56 26a 12 56 27 12 57 28 12 57 29 12 58 30 12194 INDEX. Page. Sec. Chap. TUBERCULOSIS— must foe reported to health department... 72 8 15 orders of local (board of health to be in- forced .....................................73 9 ia premises, to be disinfected..............................73 10 13 health officers to order renovation of premises ........................................................73 11 13 notices to be posted................................73 12 ia railroad conductors to have police powers in enforcement of orders pertaining to 74 13 13 penalties for violation of law..........................74 14 ia U UTILITIES, PUBLIC— accounting uniform ............................115 1797m-8 22 action to set aside commission's order.... 129 1797m-64 22 agents, responsibility for...............................140 1797m-95 22 balance sheets ....................................................116 1797m-13 22 book-keeping..............................................116 1797m-ll 22 books not to (be removed from state............116 1797m-12 22 charges, legal test..............................113 1797m-3 22 comm'isfsion% appliances, interference with penal ..............................................................141 1797m-97 22 competition ..............................132 1797m-74 22 complainit to commission.".....................126 1797m-52 22 conformity to commission's findings............128 1797m-61 22 consumer's complaints ....................................123 1797m-43 22 costs of investigation, liability for......................125 1797m-57 22 costs of investigation, liability for......................125 1797m-60 22 damages, liability for........................139 1797m-93 22 definitions, "utility," etc....................................112 1797m-l 22 depreciation account and funds.............116 1797m-15 22 discrimination, unjust, etc................ 137 1797m-89 22 " .....................138 1797m-90 22 " " ....................138 1797m-91 22 " ................................139 1797.m-92 22 domestic corporations, license restricted to 132 1797m-75 22 facilities to Ibe granted to other utilities.. 114 1797m-4 22 facilities in- return for compensation for- bidden ...............................138 1797m-90 22 franks and privileges, political, forbidden 137 1797m-88 22 incriminating evidence .........................131 17l97m-72 22 indeterminate permits ...................................133 1797m-76 22 information, failure to give..................139 1797m-94 22 injunctions ............................................................130 1797m-66 22 lives lost, report..........................................142 1797