The Bismarck Tribune Newspaper, June 22, 1936, Page 9

CONSTITUTIONAL AMENDMENTS (Continued from Page The veto power of the Governor shall not extend to the measures initiated by or referred to the electors. No measures enacted or aaa by a vote of the electors shall be repealed or amended by the Legislature, except upon a yea and nay vote upon roll call of two-thirds of all the members elected.to each hous This section shall be self-executing and all of its provisions shall be treat- ed as mandatory. Laws may enacted to facilitate its operatio but no law shall be enacted to hamper, restrict or impair the exercise of the rights herein reserved to the people. ‘iled March 8, 1936. ELECTION, TERMS, COUNTY OFFICERS Submitted by the Twenty-fourth Session of the Legislative Assembly State of North Dakota, being House Concurrent Resolution A-4. The full text of which proposed Constitutional Amendment is as fol- VIDING FOR THE AMENDMENT OF SECTION 173 OF ARTICLE 10 OF THE CONSTITUTION OF NORTH DAKOTA, AS AMENDED BY ARTICLE 41 OF THE AMEND- MENTS THEREOF, AND AS AMENDED BY CHAPTER 84 OF THE 1933 SESSION LAWS OF THE STATE OF NORTH DAKOTA, RE- LATING TO COUNTY OFFICERS. Be It Resolved by the House of Rep: resentatives, the Senate Concurring: That the following proposed amend: ment to Section 173 of Article 10 of the Constitution of the State of North Dakota, as amended by Article 41 of the amendments thereof, and as amended by Chapter 84 of the 1933 Session Laws of the State of North Dakota, is agreed to and that the same be submitted to the qualified electors of the State of North Da- kota for approval or rejection, in accordance with the provisions of Section 202 of the Constitution of the State of North Dakota, as amended: Section 1. AMENDMENT.) That Section 173 of Article 10 of the Con- stitution of the State of North Da- kota, as amended by Article 41 of the amendments thereof, and as amended by Chapter 84 of ‘the 1933 Session Laws of the State of North Dakota, is hereby amended and re-enacted ‘to read as follow: ‘Section 173. At the first general election held’ after the adoption of thi endment, and every two years thereafter, there shall be elected in each organized county in the state a ter of deeds, county auditor, treasurer, sheriff, state's attorney, county judge anda clerk of the dis- trict court, who shall be eleétors in the county in which they are elected and who shall hold their office until their successors are elected and quali- fied; provided in counties having twelve thousand population, or less, the county judge shall also be the clerk of the district court. Provided further, that in counties having a opulation of six thousand (6,000), or fons, the registrar of deeds shall also be clerk of the district court and county judge, provided a majority of the legal electors of said count: voting upon the question at any &: eral, primar; or special election, shall approve’ such consolidation of said offices. The Legislative As- sembly shall provide by law for such other county, township and district officers as may be deemed necessary, and shall prescribe the duties and compensation of all’ county, town ship and district officers. The sheriff and treasurer of any county shall not hold their respective offices for more than four years.in succession. Filed March 8, 1935. SALE OF SCHOOL AND PUBLIC LANDS Submitted by the Twenty-fourth Session of the Legislative Assembly of the State of North Dakota, being House Concurrent Resolution A-13. The full text of which proposed Constitutional Amendment is as fol- lows, to-wit: & CONCURRENT RESOLUTION PRO- VIDING FOR THE AMENDMEN' OF SECTION 158 OF ARTICLE 9 OF THE CONSTITUTION | OF NORTH DAKOTA AS. AMENDED BY ARTICLE 13 OF THE AMEND. MENTS THEREOF. RELATING TO SCHOOL AND PUBLIC LANDS. Be It Resolved hy the House of Rep- resentativen of the State of North Dakota, the Senate Concurring: That the following proposed amend- ment to Section 158 of Article 9 of the Constitution of the State of North Dakota as amended by Article 13 of the Amendments thereof, is agreed to and that the same be submitted to the qualified electors of the state for approval or rejection, In accordance with the provisions of Section 202 of the Constitution of the State of North Dakota, as amended. Section 1. AMENDMENT.) That Section 158 of Article 9 of the Consti- tution of the State of North Dakota, as amended. by Article 13 of the Amendments thereof, is _ hereby amended and re-enacted to read as follows: Section 158. No land shall be sold for less than the appraised value and in no case be sold for less than ten dollars ($10.00) per acre. The pur- chaser shall pay one-fifth of the price in cash, and the remaining four- fifths as follows One-fifth in five years, one fifth on or before the expiration of ten years, one-fifth on or before the expiration of fifteen years, and one-fifth on or before the expiration of twenty years, | with interest at the rate of not less than four per cent per annum, pay- able annually in advance; provided that when payments are made before due they shall be made at an interest paving. date, and one year's interest In advance shall be paid on all moneys paid. All sales shall be held at the county seat of the county in which the land to be sold Is situated, and shall be at public auction and to the highest bidder, after Laie days ad- vertispment of the same in a news: paper of general circulation in the vicinity of the land to be sold, and one tl eat of government. Such lands as shall not have been specially subdivided shall be offered in traces of one quarter section, and those sub- divided in smallest bdivisions. All lands designated for sale and not sold within two years after nperalsal shall be reappraised before they are sold. No preat, or patent for such lan shall issue until payment is made for the same; provided that the land contracted to be sold by the state shall be subject to taxation from the date of contract. In case the taxes assessed against any of said = lands for any year remain unpaid: un- ; til the first Monday in October of the following year, then thereupon the contract of sale for such land shall, if the Board of University and School Lands so determine, become null and void. Any lands under the provision of Section 158 of the Constitution of { the State of North Dakota that have heretofo: may be paid for, except. t as provided, further, that any school or institu- tional lands that may be required townsite purposes, school house sites, church sites, cemetery sites, sites for other education or charitable institu- tions, public parks, fair grounds, pub- Ne highways, railroad right of way or for other railroad uses and pur- pos reservoirs for the storage of water for irrigation, drain ditches, and lands that may be required for any of the purposes over which. the right of eminent domain may be ercised under the Constitution the laws of the State of North Dakota, may be sold under the provisions of this act, and shall be paid foi ipal and interest, in full in t the time of the sale, or at any time hereafter, and patent issued therefor, mewhen Principat and interest are paid. Any of the said lands, including lands held in trust for any purpose, may, (owith the approval of the Board of ‘University and School Lands, be ex- ° a lands of the United lature may pro- an acquired shall ubject to th ust, if any, to h the lands exchanged therefor SALE, RENTAL AND DISPOSAL. CHOOL AND UNIVERSITY LANDS Submitted by the Twenty-fourth ssion of the Legislative Assembly it the State of North Dakota, being Concurrent Resolution M. The full text of which proposed onstitutional Amendment is as fol- ws, to-wit: CONCURRENT RESOLUTION PRO- VIDING FOR THE AMENDMENT OF SECTION 156 OF ARTICLE 9 ol THE CONSTITUTION OF NORTH es RELATING TO INVEST: IT OF FUNDS ARIS- ING FROM THE SALE, RENTAL AND DISPOSAL OF SCHOOL AND UNIVERSITY LANDS. Be It Resolved by the Senate of the State of North Dakota, the House of Represe: curring: That the following proposed amendment to Section 166 of Article 9 of the nstitution of the State of North Dakota be agreed to and sub- mitted to.the qualified electors of tl State for approval or rejection, accordance with the provision: Section 202 of the Constitution of the State of North Dakota. Section 1. AMENDMENT.) That Section 156 of Article 9 of the Con- stitution of the State of North Dakota be, and the same is, hereby amended to read as follows: Section 156. The Superintendent of Public Instruction, Governor, Attor- ney General, Secretary of State and State Auditor shall constitute a Board of Commissioners, which s! be denominated the “Board of versity and School Lands,” and sub- t to the provision of this article and any law that may be passed by the Legislative Assembly, said Board shall have control of the appraise- ment, sale, rental and disposal of all ind university lands; and said Il direct the investment of arising therefrom in the hands of the State Treasurer, under the limitations in Section 160 of this article, with power in the board to compromise the obligation, security, claim or demand resulting from any such inv. it, and fully satisfy the same upon payment or settlement in mount less than the whole of the principal or interest, or both, then remaining unpald which, in’ the sound judgment of the board, is leemed necessary to reduce los: Filed February 28, 1935. REFERRED MEASURES JURISDICTION POLICE MAGIS- TRATES AND CITY JUSTICES OF THE PEACE. Referendum of a measure designat- ed as “Senate Bill No. 185,” enacted by the Twenty-fourth Legislative As- sembly of the State of North Dakota, at the regular 1935 Session of said Legislative Assembly, being an act defining the jurisdiction of Police Magistrates and city Justices of the Peace; qualifications and fees; pro- cedure, jurors and officers, limita- tions of jurisdiction; and repealing all acts and parts of acts in conflict therewith. ‘The full text of which act is as fol- lows, to-wit: AN ACT DEFINING THE JURISDIC- TION OF POLICE MAGISTRATES AND CITY JUSTICES OF THE PEACE IN ‘CRIMINAL ACTIONS IN CITIES OF FIVE ‘THOUSAND INHABITANTS OR MORE IN COUNTIES WHEREIN THE COUN. TY COURT DOES NOT HAVE IN. CREASED JURISDICTION; QUALI- FICATIONS AND FEES OF SAID POLICE MAGISTRATES AND CITY JUSTICES OF THE PEACE: PRO- CEDURE, JURORS AND OFFICERS IN SAID POLICE MAGISTRATES COURTS AND COURTS OF SAID CITY JUSTICES OF THE PEACE LIMITATIONS OF JURISDICTION OF JUSTICES OF THE PEACE IN SAID CITIES; AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT THE! Be It Enacted by the Leg Assembly of the State of Dakotas Section 1. JURISDICTION OF PO- LICE MAGISTRATES AND CITY JUSTICES OF THE PEACE.) Each police magistrate shall have ‘ex- clusive jurisdiction, and it shall be his duty to hear, try and determine all offenses against the city in which he is elected or appointed; and all police magistrates and city justices of the peace shall have concurrent jurisdiction with all justices of the peace of the county in all matters and other actions; civil and criminal. Justices of the peace, except said city justices of the peace in counties con- taining cities of 5,000 inhabitants or more, situate in counties where the county court does not have increased jurisdiction, shall have no jurisdic- tion to hear and determine criminal actions, or sit as committing magis- trates except in cases of felony, and in cities of 5,000 inhabitants or more situate in counties where the county court does not have Increased juris- 'T|diction the police magistrates and city Justices of the peace shall have exclusive jurisdiction to hear, try and determine all cases of misdemeanors and criminal actions below the grade of felony, and may sit.as committing magistrates in cases of felony, and prosecutions of said criminal actions shall be by, information. Section 2. QUALIFICATIONS OF POLICE MAGISTRATES AND CITY JUSTICES OF THE PEACE,) No per- son shall be eligible to election to the office of police magistrate or city justice of the peace in such cities who is not a qualified elector of the city, and who shall not have resided there- in at least nine months before the lnst preceding election, and no per- son shall be eligible to hold either of said offices by appointment unless he is @ citizen of the United States, And no person shall be eligible to election or appointment to the office of police magistrate or the- office -of city jus~ tice of the peace in cities of five thousand inhabitants or more, situate in counttes where the county court has not increased jurisdiction, unless such person is an attorney at law and if the incumbent of any such office of police magistrate or city justice of the peace shall not have all..of. the. qualifications for such office as here- in provided, then immediately upon the taking effect of this act such of- fice shall become vacant automatical- ly and the office shall then be filled F | select suc! by appointment as now provided by jaw. = Section 3. FEES OF POLICE MAG- ISTRATES AND CITY JUSTICES OF THE PEACE.) Fees of police magis- trates and city justices of the peace in said cities shall be and remain as is now provided by law, and in the trial of all misdemeanors by them, or either of them, or heard by them or either of them, and for all services of any kind and in appeals taken, shall be as now provided by law and as shall be allowed justices of the peace or other officers for like serv- Ices. Section 4. GENERAL PROVISIONS TO APPLY.) ‘The. general. provisions of law which may at any time be in force relating to the district courts, county courts of increased jurisdi: tion, ‘and justices of the peace in civil and criminal proceedings there- in shall diso relate to the police mag- istrates, and city justices of the peace of said cities, and the rules and Practices of district courts, county courts of increased jurisdiction, and justices of the peace shall be in force in said police magistrates courts and courts of city justices of the peace when applicable and except as herein otherwise provided. Section 5. MANNER OF SELECT- ING JURY IN CRIMINAL ACTION.) Jurors to serve in any criminal action in said police magistrate court or court of city justice of the peace shall be. selected from a jury list of one hundred qualified jurors to be fur- nished said police magistrate or city justice of the peace by the mayor and city council or board of city com- missioners, whose duty it shali be to names as jurors from res: dents of shid city and to furnish said list to such judge. Whenever id Mst of jurors is partly exhausted ‘by reason of service as Jurors in crim: inal actions, the judges of said court shall notify the boards whose duty it Is to replenish said list, and said board shall furnish additional names to said judges so that there shall always be one hundred names of ‘qua ified jurors in said jury box; provided, however, that no juror shall serve on more than five eriminal actions in any two-year period. The governing board of the municipality shall select said list of jurors in the manner now rovided by law for the selection of rors to serve on district court juries. - The failure of said muni pal board to comply strictly with the provisions of this act shall not in- validate the list of names remaining in the jury box of said police magis- trate or city justice of the peace. Section 6. JURY TRIAL.) In all criminal actions the defendant shall be entitled to a trial by a jury and when the defendant Is arraigned he shall be informed by the court of his rights to a trial by a jury and if he aives his right to a ‘jury trial an try to that effect shall be made in the docket and the defendant shall then be tried by the court. Section 7. JURY IN CRIMINAL ACTION, HOW COMPOSED.) The jury in all criminal actions shall composed ft e peace |i f pointed having the qualifi- cations of jurors, and the jurors men- tioned shall be selected, summoned and impaneled as in the district urt in like criminal actions and h party shall be entitled to the @ number of challenges as now or. may hereafter be allowed in the dis- trict court in lUké@ actions; the sais magistrate or city justice of ce presiding at any. trial, as ase may be, to draw a jury from the box containing the list of sald jurors, said drawing to be in th Presence of the parties and their at- torneys and the state's attorney. Section 8. BAILIFF.) The sheriff or any of his deputies, chief of police or any policeman, or any constable may be appointed at any trial as ballit? of the court during the said trial by the police magistrate or by the city justice of the peace, and shall receive for his services the sum of two dollars each day he serves as aid bailiff. Section 9. PRELIMINARY EXAM- INATIONS.) No preliminary examin- ation shall be necessary before the trial in criminal actions in the said police magistrate court or court of city justice of the peace in which the said courts have original jurisdic- Section 10. ASSIGNMENT OF COUNSEL.) ‘In all criminal cases triable in the police magistrate court or in the gity justice of the peac court in cities in which said court: have exclusive and original jurisdic tion, when it is satisfactorily shown to the court that the defendant has no means and is unable to employ counsel, the court shall in such case assign counsel for the defendant and allow and direct to be paid by the county in which said court is held a reasonable and just compensation to the attorney or attorneys assigned for such services as they may render, Provided, however, that said compen sation shall not exceed twenty-five dollars in any one casi Section 11, COURT STENOGRAPH- ER.) The police magistrate having increased jurisdiction as herein is authorized to appoint a court steno- grapher to hold office during the Pleasure of the police magistrate, who shall qualify in the same manner as the court stenographer of a dis- trict court, sald court stenographer to be appointed to act only when a criminal trial is being had so that a record of the proceedings may be Preserved for purposes of appeal, said court stenographer also to act in the court of the city justice of the Peace when the city justice of the Peace has before him the trial of 4 criminal action, The compensation of the said court stenographer shall be paid in the same manner as the court stenographer of the distri court, at such compensation the board of county commissioners shall designate, not to exceed the sum. of five dollars ner day when actually employed, sald stenographer to ree ceive the same fees for transcripts and copies as is now allowed the stenographer in district court. Section 12, PREJUDICE OF Po- LICR MAGISTRATE OR OF THE cir ISTICE OF THE PEACE.) When the defendant or his attorney before the trial of a criminal action commences files an affidavit in writ- ing stating that he has reason to belleve and does believe that a fair and impartial trial of the action can- not be had before the police magis- trate or before the city justice of the peace about to try the same by reason of the bias or prejudice of said police magistrate or of said city justice of the peace, the action mus be transferred {f about to be tried by the police magistrate to the city jus tice of the peace, and if about to be tried by the city Justice of the peace must be transferred to the police mai istrate, and an order must be made ring the same accor But after such change of venue t state's attorney or other attorney for the state may file a like affi- davit and the action shall then be transferred to the district court of the county Section 13.. WHEN A CHANGE OF PLACE OF TRIAL IS ORDERED.) To the original papers a certified copy 6f the docket entries in the action must be forthwith attached and the court must deliver same to an officer, who shall without delay de- liver same to the court to which the action has been transferred and take the defendant before said court. Section 14. NEW: TRIALS IN CRIMINAL ACTIONS.) In all’ crim- inal actions or proceedings brought in the police magistrate court or court of city justice of the peace in said cities set forth in this act, the Police magistrate and city justice of the pence shall have authority to grant new trials, vacate and set aside verdicts and entertain mot to arrest judgment in the same m ner and pursuant to the same sta tutes, rules and regulations now pre- scribed by law for the district courts, and a statement of the case may be Prepared and settled in the same manner prescribed for appeals in the Code of Criminal Precedur Section 15. APPEALS IN CRIM- INAL ACTIONS.) In ali criminal ac- tions brought in police magistrate court or court of city justice of the peace, as provided for in this act an appeal may be taken to the supreme court in the same manner and pur- suant to the rules as appeals from the district court to the supreme court, the duties that are now performed by the clerk of the district court on appeals from the district court to be performed by the police magistrate or by the city justice of the peace. section-16. FEES OF “JURORS.) The fees of jurors shall be for each days attendance as juror, two dollars, and traveling expenses for each mile ctually and necessarily travelled each way, five cent Section'17. REPEAL.) All acts or parts of acts in conflict with the pro- visions: of this act are hereby re- pealed. Police th | tion. WEIGHING, ETC. LIVESTOCK AT PACKING PLANTS, ET Referendum of a measure designat- ed as “House Bill No. 7” enacted by the Twenty-fourth Legislative As- sembly of the State of North Dakota, at the regular 1935 Session of said act r the weighing, grading, docking and watering of livestock at packing plants, slaugh- tering houses and concentration points, The full text of which Act follows, to-wit: AN ACT TO PROVIDE FOR THE WEIGHING, GRADING. FEEDING. DOCKING ‘AND WATERING OF LIVESTOCK AT PACKING PLANTS, 6 SLAUGHTERING is as HOUSES AND CONCENTRATION POINTS. De It Enmneted by the Legislative Assembly of the State of North Dakota: Section 1. As used herein, the terms “packing plants” and “slaugh- tering houses” shall mean plants, houses and places of business where livestock purchased or acquired at places within the State of North Da- kota other than a public stockyards as the same is defined by Chapter 192, Laws of 1919, are slaughtered. The term “livestock” shall mean slaughter cattle, hogs and sheep. This act shall apply only to packing plants and slaughtering | houses andling livestock purchased and acquired as aforesaid, and paid for upon weights ascertained either at the packing plant or slaughtering house concentration point, or at a public place other than that at which the same were acquired. “Concentra tion point” shall mean any stockyards at which livestock are assembled by rail, or by rail and/or other means of transportation, und at which live stock are bought and sold or are as- sembled for reshipment to a packing plant or a public \stockyards, or graded or weighed for the purpose of establishing a basis for sale or re- shipment. Section 2. The Board of Railroad Commissioners shall appoint at pack- ing plants, slaughtering houses and concentration points such weighers ders as may be necessary for ing and grading of livestovk. Every such weigher and every such grader shall be bonded in the State Bonding Fund in the sum of five thousand dollars, con- ditioned for the faithful discharge of his duties. Suit may be brought thereon by any person injured by the misconduct of the princi No weighers or graders shall main- tained at any packing plant, slaugh. tering house or concentration point whe the erage daily number of livestock handl is less than 250 head, The Board of Railroi missioners shall prescribe and fol low such reasonable regulations a: it deems necessary for determining such daily average. The shipper or his representative shall have the right to give his live- stock such fe as they will consume during a two-hour pried prior to ighing, feed to be hed by the owner, proprietor or operator of the | di packing plant, slaughtering hot concentration ‘point at the expense of the shipper, and afte the animals shall be gi owner, proprietor or 0; access to water until their thirst is fully quenched. If, ho feeding r itted, the actual si weights the sole basis for set- per. weighers and graders shall weigh, dock and grade all slaughter livestock, not 1, Braded und docked, pursuant to the Provisions hereof and shall keep # cord thereof and of the time of ar- rival of livestock at such packing plants, slaughtering houses and con- centration points, ‘The weigher and jor grader shall furnish the inter- ested parties a certificate setting forth the number of animals weighed or graded, or both, for whose account actual weight : animals and the dockage if any. Such ce: tificate shall be prima facie evi- dence of the facts therein certified. ‘The Board of Railroad Commision- ers shall establish such rules and regulations as it deems necessary for the weighing, docking and grading of animals and for carrying out the provisions of this act. Insofar as are applicable, the Board of d Commissioners shall use the same standards as are used by the United States Bureau of Agricultural Economics., Section 3. The commission shall prescribe the fee necessary to cover the cost of such Wwelghing, docking, and grading, to be assessed and col- lected in such manner as the Commi sion may prescribe, and for the pu: pose of carrying out the provisions of this act, there is hereby created, in the State Treasury a state fund to be known as the “Livestock Weigh- ing and Grading Fund." All fees col- lected by the commission under the provisions of this act necessary in administering and enforcing this act, or so much thereof as may be neces- sary, are hereby appropriated to the use of said commissioners and shall be paid into the State Treasury monthly and shall be credited to the said "Livestock Weighing and Grad- ing Fund” to the use of the Commis- sion and shall be paid out upon prop- er youcher and audit by the State Auditing Board for the expenses of said commission in administering and wforcing the provisions of this act; it being-the intention of this act to relieve the General Fund of the state from any and all cost in connection with the administration of the pro- visions hereof; provided, however, that there is appropriated out of the General Fund of the state, not other- wise appropriated, the sum of §6,- 000.00 to carry out the provisions of this act. Section 4. No weighe grader shall during his term ot sery ice be in any manner interested In the handling, shipping, producing or sale of livestock, nor in the employ- ment of any persons or corporation engaged therein. Section 5. Any person not duly ap- pointed and qualified who shall as sume to act as such welgher, docker or grader shall be guilty of a mis- demeanor and punished by a fine of not less than fifty nor more than one hundred dollars for each offense. Section 6. Any weigher, docker or grader who shall knowingly or care- lessly weigh, dock or grade any live- stock improperly or give any false certificate of weight ur grade, or ac- cept money or other consideration directly or indirectly for any neglect or improper performance of duty, or who shall be guilty of any neglect of duty, and any person who shall im- properly influence or attempt to in- fluence any such officer in the per- formance of his duties, shall be guilty of a gross misdemeanor and shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail for not less than thirty days nor more than one year, or by both such fine and imprison- ment Section 7, The plants or | slaug! which slaughter tock is weighed to effect sale direct from the pro- ducer shall be constructed and main- tained in accordance with require- ments of the Board of Railroad Com- missioners, All such scales shall be tested up to the maximum draft that may be weighed on the scale by the State of North Dakota at least once every thirty days. Section § Any person or corpora- tion who shall’ obstruct any state weigher, docker or grader in the per- formance of his official duties by pre venting hix proper to seales publicly orp: used in the weighing of livestock or otherwise shall forfeit to the state one hundred dollars for each such offense, ‘ Section 9. If any part or provision of this act shall for any reason be adjudged by any court of competnent jurisdiction to be invalid, such judg- ment shall not impair nor invalidate any other part or provision in the remainder of the act; and {f any part or provision of this act shall for any reason be adjudged by any uch court constitutionally "inapplicable to any case within the terms of such part or provision, such judgment shall not impair or invalidate such part or provision as applied to any other type of case within their term Section 10, This act shall take ef- fect and be in force from and after July 1, 1935 docker or les at packing ng houses on MUNICIPAL Co! ACT= e LIQUOR. ndum of a measure designat- nate Bill No, 175” enacted the Twenty-fourth Legislative sembly of the State of North Dako Session of said Legislati y, being an Act providing for a system of municipal control of the purchase, sale, importa- tion, transportation, handling, pos ing, dispensing and use of alcohol nd alcoholic beve: ‘ollection of w tax thereon urer; injunctions ment of liquor nu the present st, prohibiting the ni possession of jecating liquors and providing penalties for violations, The full text of which Act is as fol- lows, inst and abate- neces; continuing utory ' regulations ure, sale and to-wit AN ACT PROVIDING FOR A SYS- TEM OF MUNICIPAL CONTROL OF ‘THE PURCHA SALE, IM: PORTATION, TRANSPORTATIOD HANDLING, | PC DIS PENSING AND USE OF ALCOHOL AND ALCOHOLIC | BEVERAGES, BY ANY INCORPORATED CITY OF THE STATE HAVING A POPU- LATION OF TWO HUNDRED OR MORE: THE LEVY AND COLLEC- TION OF A TAX THEREON: THE DUTIES OF THE STATE TREA! URER; PROVIDING FOR INJUNC TIONS AGAINST AND ABATE- MENT OF LIQUOR NUISANCES; FORCE OF PRESENT STATUTORY REG LATI PROHIBITING THE. MANUFACTURE, 8 SSION OF TIO: NS OF THI 5 Enacted by the Legislative Axsembly of the State or North Dakota: Section 1. This act shall be known and may be cited as the “Municipal Control Act.” Section 2. This act shall be deemed an exercise of the police powers of the tate for the protection of the public health, peace and morals; to prevent the recurrence of abuses associated with saloons; to eliminate the evils of unlicensed and unlawful manufacture, selling and disposing of alcoholic beverages; and all provisions of this act shall “be liberally construed for the attainment of these purposes, Section 3. “Alcohol” and “Alc: holic Beverages” means and includes any alcoholic, spirituous, vinous, fer- mented, malt’ or other liquor, which contains more than one per centum (1%) of alcohol by weight; provided, however, that it is not intended that beer be included with this definition, Section That alcohol and alco- hellc beverages, as defined in 3 hereof, may be imported, transport- ed, possessed and sold in the State of rth Dakota in the manner herein- fter set forth. Section 5. Any incorporated city, having a population of two hundred or more, as Shown by the*last United States census, that maintains a regu- lar police department, may establis! own and operate a municipal store for the sale of the beverages described in Section 3 of this act. Whenever the word “Store” is used In this Act it shall mean a municipal Nquor store. tion 6. No store, as provided for ein, shail be opened or maintained in any city unless and until the ope: ing and maintenance thereof is proved by a majority’ of the vo! voting in such municipality at any election held for that purpose. Section 7. The governing board of any incorporated city, having a pop' lation of more than two hundred isclosed by the last Federal census, shall, upon the petition of fifteen per cent (15%) of the legal voters of such city to be determined by the vote cast for president of the city com: or mayor of the city, as the cat be, at the last: preceding election, call @ special election and give notice of the time of holding a special election to vote upon the question of wi or not a municipal liquor stor ‘be established, owned and ‘operated ;ment of a municipal store. by such city, provided, however, that if a regular city election Is to be held vithin thirty days after the filing of sald petition, such question shall be voted upon at the regular city elec- tion. At such election, when so pe- titioned for and called, ruld question shall be voted upon by a Separate bal- lot, the terms of which shall be either for the establishment of a municipal liquor store 6r against the establish- The voter shall be counted and the result of such voting shall be duly canvassed, certified and returned in the same. manner as provided by law for the return of regular city elections, and, if a majority of the votes cast’ upon the question shall be in favor of es- tablishing a municipal Mquor store, then and in that event the governing board of said city shall proceed to establish a store according to the provisions of -this act. Section 8 If the voters of any in corporated city, as defined herein, ap: Prove the opening and maintenance of a store as set forth in this act, then and in that event the board shail ap: point a manager and such assistant: as it may deem necessary to operate such store. manager and his assistant or assistants, if any, shall be required to furnish surety bonds to the municipality, conditioned for the faithful performance of their service and the faithful accounting to the pT for all PAG moneys and effects coming into thelr Possession as such manager or as- sistant, the bond or bonds to be in such sums as the governing board may deem sufficient. The manager or any assistant manager of the store may be removed at any time and with- out cause by the mayor of the city or the president of the city commis sion. The governing body of the munt. cipality shall fix the salary of th manager and his assistants, if any, of such store and fix and prescribe such rules and regulations not incon- sistent with the provisions of this act as in its discretion may be neces- sary to the proper and effective man agement of the store; provided, how- ever, that the manager shall not be paid’ a salary to exceed one hundred and fifty dollars ($150.00) per month, and an assistant or assistants shall not be pald to exceed one hundred and twenty-five dollars ($125.00) per month, Section §. The prices of all liquor shall be fixed by the governing board of the municipality from time to time so that the net annual revenue recelv- ed by the board therefrom shall not exceed twenty-five per cent (25%). Section 10. For the purpose of carrying out the provisions of this ct the governing board of the munf- cipality is hereby authorized to rent or purchase such real or personal property as it may deem necessary for the establishment and maintenance of such store, and such governing body is hereby authorized and em- powered to incur such indebtedness on the part of the municipality for the purchase of liquor and expense of operation as in its judgment is deemed necessary for the carrying out of the provisions of this act; provided, however, that in no case shall such indebtedness exceed the sum of twenty-five thousand dollars ($25,- 000.00). Section 11. The store referred to in this act shall not be open for busi- ness prior to 10:00 o'clock A. M. and shall close promptly at 9:00 P, M. and ys, legal holf- days and all days on which any state or municipal election is being held. Section 12, The beverages describ- ed in this act shall not be sold to minors. Section 13. All sales made by such stores shall be in bulk and in sealed or corked packages, and no drinking, of the beverages ‘described herein shall be allowed or permitted in any of said stores or upon the premises where the same are located. Section 14. In every such store there shall be kept a record book in which each purchaser must sign his name in his. own hand writing, giving his address and a receipt for every package of beverage purchased, and the record shall designate the kind and the amount of the purchase, and such record shall be open to Inspec- tion by the governing board of the municipality or any member thereof at any time, and it shall be the duty of the manager or assistant manager or managers of the store to rigidly enforce this rule. Provided further that the manager of said store shall keep a true and correct record of the stock on hand: and all sales made by said store, and at the end of each month he shall make and deliver to the city auditor and the state treas- urer a true and correct inventory of the stock on hand and a complete description of the merchandise sold during the month. Section 15. ‘There shall be levied and collected on all alcohol and al- ooholic beverages as defined herein and sold in such municipal store the following excise tax: (2) On all Hght wines up to 14% of alcohol by weight, the sum of 10c per gallon. (@) On all wines from 14% to 21% of alcohol by’ weight, the sum of 20c¢ per gallon. (3) On all wines from 21% to 24% of alcohol by weight, the sum of 40c. per gallon. (4) On all wines containing more than 24% alcohol by weight, the sum of 60c per gallon. (3) On all natural sparkling wines containing alcohol, the sum of 60¢ per gallon. (6) On all artificial sparking wines containing alcohol, the sum of 30c_per gallon. (7) On all other Nqueurs and cor- dials, the sum of 60c per gallon. Provided that in computing the tax on any package of spirits a propor- tionate tax at a like rate on all frac- tional parts of a gallon shall be paid, except that all fractional parts of a gallon less than 1-16 shall be taxed at the same rate as shall be taxed for 1-16 of a gallon. Section 16. Stamps, representin Jever nature, name, the excise tax set forth in Section 1 hereof, shall be securely fixed to each package sold by such liquor store and it shall be unlawful for any person to possess any such package or con- tainer without having a stamp or stamps affixed thereto. Section 17. ‘The stamps herein pro- vided for ‘shall be prepared and printed by the State Treasurer in such form and denominations as may be necessary for the carrying out of the provisions of this act and shall be issued and sold by the State Treas- urer to the municipality upon re- quisition by it, from time to time. All expenses of the State Treasurer in complying with the provisions of this act shall be deducted from moneys received from the sale of such stamps, and the remainder of sald moneys, so received from a sale of said stamps, shall be, by him, redited to the General Fund of the state. The State Treasurer shall, by regulation, prescribe the manner in which sald stamps shall be affixed and cancelled. The municipality shall be Mable for the payment of the tax provided in this Chapter on sales made by said store and shall be re- quired to affix stamps of the proper amount on every package or other container, containing the beverages described in this act, sold or delivered to any purchaser. Buch stamps may be affixed at any time prior to sale to_the consumer. Section 18, It shall be unlawful for any person to pot the beverages described in Section 3 of this act ex: cept in his home, or transporting the same thereto, and it shall be unlawful for any person other than an em- ployee of a municipal store to iL or barter any of the beverages described in Section 3 of this act. Section 19. It shall be the duty of every sheriff and d puty sheriff, con- stable, marshal, chief of police or po- Mee officer of any city, town or vil- lage, having notice of information of any violation of this Chapter, to notify the state's attorney of the fact of such violation and to furnish him the names of any witnesses within his knowledge by whom such violation can be proven, and if it be proven that any officer a ni herein fails or refused to give the information required by this section, it shall con- stitute sufficient grounds for re- moval from office, Section 20, Every person, who shall, directly or indirectly, keep or main- tain by himself or by an associati or combining with others, or who shall in any manner aid, assist or abet in keeping or ma patalng any club room or other place of whatso- ind or descr! tion, in which any intoxicating | wor, ap defined herein, including ¢ v= erages described in tion 3 of this act, is received or kept for the pur- pone of use, gitt, barter or sale as a everage, or for distribution or di- vision among the members of any club or jociation, by any whatsoeve: ‘barter, sell or give or abet another in giving away any ineludti th scribed in. Section kept, shall be ‘of misdemeai ed as provid Section 21. Tt shall be the duty of the state's attorney and all police officials to rigidly enft the pri visions of this act, and their fallu: to do so shall be ‘sufficient grounds tor their removal from office. Section 22, PLACE OF SALES A NUISANCE: TO BE ABATED: LI- QUORS TO BE DESTROYED: PEN. ALTIES: RELEASE OF PROPERT BOND.) All places where Intoxicat- {ng liquors are sold, bartered or given away, In violation of any of the provisions of this chapter, or where Persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage or where intox!- cating liquors are kept for sale, bai ter or delivery in violation of th chapter, are hereby declared to be common nuisances; and if th Istence of ich a nuisance tablished, elther in a criminal or equitable action, upon the judg- ment of a court or judge having jurisdiction, finding such place to be a nuisance, the sheriff, his deputy or under sheriffs, or any constable of the proper county or marshal of any clty where the same is located, shall be directed to shut up and abate such Place by taking possession thereof, if he has not already done so under the provisions of this chapter and by taking possession of all such intoxi- cating lquors found therein, together with all signs, screens, bars, bottles, glasses and other property used in Keeping and maintaining such nuis- ance and such personal property so taken possession of shall, after judi ment, be forthwith publicly destroyed by such officer, and the owner or Keeper thereof or any person who, in any manner, by, using such place for the illegal purpbses forbidden herein, or otherwise aids, abets, or assists in any violation of this section of chap- ter, shall upon such conviction, be adjudged guilty of maintaining a common nuisance, and shall for the first offense be punished by a fine of not less than $200 nor more than $1,000, and by Imprisonment In the county jail not less than ninety days nor more than one year, and for the second and every successive offense be punished by imprisonment in the penitentiary not exceeding two years and not less than one yeas; and said officer abating such nuisance shall securely close said building, erection or place where such nuisance was lo- cated, as against the use or occupa- tion of the same for saloon purposes, and keep the same securely closed for the period of one year (unless Sooner released as hereinafter pro- vided), and “any person breaking open sald building, erection or place, or using the premises so ordered to be closed, shall be punished for con- tempt, as heinafter provided, in case of violation of injunctions; provided, however, that. when leasehold prem= ises are closed under a temporary in- junctional order or having been ad- judged to be a nuisance, the owner thereof shall have the right to term- inate the lease by giving three days’ notice thereof, in writing to the ten- ant, and when this is done, if the sald owner shall prove to the court that he was without fault, and neither knowingly, nor without knowledge shall be pu this act. 1d to make newer to interro, requi sl tories, elther written or oral discretion of the court or bos emi seem ptepery defendant shall a cessarily be discharged “upon his deniat-of the facts stated in the move Ing papers; the irk of the court shall, upon the application of either party, issue subpoenas for witnesses, and except abo set edad the Practice in ‘h contempt procee: es shall conform nearly as may be to that adopted by the nineteenth rule of the supreme court of the United Led for pice dings in equity in the cireuit courts, Section 24. That it is the Intent of the Legislature in enacting this law to continue in full force and effect all statutes of the state prohibiting the manufacture, nd possession the penalties set for: erelh, insofar as the same ar eonsisten: with the provisions of thi Section 2 any of the for the first of! of a misdeme: act, Any pert violatin ovisions of this act shall, », be deemed guilty ‘and upon convic- tion th f, shall be fined in a sum not less than $200 or more than $500, or be imprisoned in the county jail for a period of not more than six months, and for every succeeding offense, shall be deemed guilty of a felony and be punished by Imprison- ment in the penitentiary not exceed ing two year Section 26. It is hereby declared that, if any of the provisions of this act ‘In any manner contravene the provisions of the Constitution, the remaining provisions would have been enacted by this Legislative Assembly even though such provisions had “been eliminated from the act: therefore, if any of the provisions are found to be ‘violative of. the Constitution, the remaining provisions shall not be af- fected by auch Invalidity but shall re- main in full force and effect. Section 27. No provision of this act shall apply to alcohol intended for use in the manufacture and sale of any of the following articles when they are unfit for beverage purposes, namely: (a) Denatured alcohol | produced and used pursuant to acts of Congress and regulations promulgated there- under; (b)" Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet Preparations; (c) Flavoring extracts, syrups, and food products: (a) Scientific, chemical, mechani- cal, and industrial products; nor to the manufacture and sale of any of said articles containing alcohol; Provided, however, that this section shall not apply in any case where any person shall knowingly sell any of the articles enumerated In sub-paragraphs (a), (b), (c), and (a) for beverage purposes, or shall sell any of the same under circumstances from which the seller might reasonably deduce the in- tention of the purchaser to use them for such purposes. INCOME TAX Referendum of a measure designat- ed as “Senate Bill No. 294” enacted by the Twenty-fourth Legislative Assembly of the State of North Da: kota, at the regular 1935 Session of said Legislative Assembly, being an negligently permitted the keeping or maintining of the nuisance com- plained of, the premises shall be turned over to the owner upon the order of the court or judge as here- inafter set forth. But the release of the property shail be upon the condi- tion that the nuisance shall not be continued, and the return of the prop- erty shall not release any Hen upon said property occasioned by any prosecution of the tenant. If the owner appears and pays all costs of the proceedings and files a bond with sureties to be ap- proved by the clerk in the full value of the property to be ascertained by the court or judge, conditioned that he will immediately abate said nuis- ance and prevent the same from being established or kept therein within the period of one year thereafter the court, or in vacation time the judge may, if satisfied of his good faith, or- der the premises taken and closed un- der the order of abatement, to be de: livered to said owner; and if the pro- pean ay is an action either at law or in equity, and bond is given and costs therein paid, the action shall be dis. missed at the end of one year from the date of the service of the tempo- rary injunetional order, if In an equity case, or the closing of the premises if in'a criminal case; in the meantime and in either form of action the premises where such nuisance was kept and maintained, shall be regard- ed as being under a restraining order of the court, a violation of which will subject the violator to punishment for contempt as hereinafter provided; provided, however, that the release of the property under the provisions of this section shall not release it from any judgment, lien or penalty, or la- bility to which it may be subject un- der any statute or la: Provided, fur- ther, that when an Injunction, elther temporary or permanent, has been granted, under the provisions of this chapter, the same shall be binding ersonally on the defendant or de- endants, throughout the entire state, and. for..the vielation-of such. injunc- tlon in any place in the State of North Dakota, the offending party shall be punished as for contempt according to the rules in this chapter pre- scribed, and every person | tor Section 23. ACTIONS, HOW MAIN- TAINED: PROCEDURE: PRESUMP- ‘TIONS: PENALTIES.) The attorney- general, his assistant, state's attor- ney, or any citizen ‘of the county where such nuisance exists or is kept or is maintained, may maintain an action in the name of the state to abate and perpetually enjoin the same, The injunction shall be grant- ed at the commencement of the ac- tion in the usual manner of granting injunctions, except that the affidavit or complaint, or both, may be made a quired; and if an affidavit shall be presented to the court or judge, ata’ r showing that intoxicating li- particularly describing the , is kept for sale, or is sold, bar- tered or given away on the premit particularly di where nui: on: trary to Jaw, the court or judge must at the time of granting the injunction issue his warrant commanding the officer serving said writ of injunction, at the time of such service to search diligently the premises and carefully invoice all the articles found therein, used In or about the carrying on of the unlawful business, for which search and invoicing said officer shall recelve the sum of ten dollars in ad- dition to the fees now allowed by law for serving an injunction. If such officer upon such search shall find upon such premises any intoxicatini Maser, or liquors of any kind, he shal! take the same into his custody and securely hold the same to abide the final judgment in the action, the ex- penses for such holding to be taxed as part of the costs tn the action; and such officer shall also take and hold ossession of all personal property ‘ound on such premises, and shall take and hold po: ion of such premises and ed? the same closed until such final ju mene. The finding of such intextcating liquor or liquors on such premises shall Prima facie evi- dence of the existence of the nuisance complained of. Any person violating the terms of any injunction granted in such proceedings shall be punished for ponent or the first offense by ‘@ fine of not lass than two hundred nor more than one thousand dollars, and by imprisonment in the county Jail _not less than ninety days nor more than one year, and for the second and every successive offense of con- tempt by imprisonment in the pent- tentlary not exceeding two years and not less than one in the direction of the court or judge thereof. In case Jud ment ig rendered in favor of the plaintif? in any action, brought un the provisions of this section, the court or snags rendering the same shall also ren: judgment for a rea- sonal attorney's fee in such acti in favor of the plaintiff and again: the defendants therein, which attor- ney‘s feo shall be taxed and collected ‘as other costs therein, and when col- if tar to the attorney or attor- neys of the plaintitt peeraia: rovided, {f such attorney Js the s te at ney such attorney's fee shall be paid pate. ‘the count: ei jury (v4 in sec. 01 pro’ . In cor = coodings arising out of the’ violation of any injunction granted under the provisions of this chapter the cou or in vacation the judge ti shall have the power to try Gel ily and punish the party or galley as required by law. oes shall run in the ni of North Dakota. The i} ma! plead in the same manner as antormnilee of, intlotment iy may be oral or an the tor of effi- may be lorm davits, or both; the defendant the State ry facle duct accused ma} to an act amending the Income Tax Law: repealing certain portions thereof and all acts or parts of acts in con- flict therewith and declaring an emergency. The full text of which Act is follows, to-wit: AN CT TO AMEND AND RE- ENACT SECTION 2346a11 OF THE SUPPLEMENT TO THE COM- PILED LAWS OF 1913, AS AMEND- ED AND RE-ENACTED BY SEC- TION 2 OF CHAPTER 253 OF THE 1983 SESSION LAWS: SECTION 2346020 OF THE SUPPLEMENT TO THE COMPILED LAWS OF 1913 AS AMENDED AND RE-EN- ACTED BY SECTION 4 OF CHAP. TER 253 OF THE 1933 SESSION LAWS; SECTION 2846a18 OF THE SUPPLEMENT TO THE COMPILED LAWS OF 1913 AS AMENDED AND RE-ENACTED BY SUBSEC- TION 4 OF SECTION 4 OF CHAP. TER 283 OF THE 1931 SESSION LAWS, RELATING TO THE TAX- ATION OF INCOME OF IND! VIDUALS, FIDUCIARIES AND CORPORATIONS; REPEALING THAT PORTION OF SECTION 2346a46 OF THE SUPPLEMENT TO THE COMPILED LAWS OF 1913 AS WAS AMENDED AND RE-EN. ACTED BY PARAGRAPH (b) OF SUBSECTION 4 OF SECTION 6 OF CHAPTER 283 OF THE 1931 SESSION LAWS AND REPEALING SUBSECTION 7 OF SECTION 4 OF tlante) the same @ the ndent and receiving t from the taxpayer, dependent individual ts years of age or is | eae Support, because em cally defective or incapect! pro- tex. may ren over the vided that deduct! from Of 1b years end under, the ego of i of years and wi years that are dependent upon ti taxpayer for support and are at- tending educational institutions, (>) For the purpose of the tax on fiduciaries, there shall be deducted: (1) If taxable under icle III, Sec- tion 14 (a) (Section 3346813, ante) & deduction of $10.00. tH) If, taxable under Article Ilt, Section 14 (b) (Section 2346ai3b, ante) same deduction as would be lowed leceased if liv! Section "14 "Ce) (aection 84taite, ction ec ion leduction to which eneficiary would be entitled. (c) The fatus on the last day of the incom tf ir shall determine the right to deductions provided for in this Section; provided a taxpayer shall be entitled to such deductions for husband, wife or dependent who has died during the income Section 4. CREDIT ON A credit shall be allowed against the account of tax computed to be due* and payable if any taxpayer under this act, to the extent of the tax which has been assessed against and paid by a corporation under thi act on income which represented by dividends on stock in said cor- poration, received by the taxpayer and included in his gross income within the income 7 3 provided that when only part of income of any corporation shall have been as- sessed and income tax paid under this act, only @ correspondi: amount of tax shall be deducted; provided further that such co: tion has reported the name an dress of ch person owning stock id the amount of divide: 1a each such person during the Section 5. ATE OF EF! This act shall be effecti: come received durin, ing December 31, 193! in this act Section 6. REPEAL.) That e tion of Section 234646 of the plement to the Compiled Laws of 1913 as amended and re-enacted by raph (b) of Subsection 4 of Section 6 of Chapter 283 of the 19: i Session Laws, and Subsection 7 0! Section of the 1931 Session of Section ment to the Compiled Lay other acts or parts of flict herewith, are hereby repealed. Section 7. EMERGENCY.) This act is hereby declared to be emergency measure, and shall be full force and effect from and after its passage and approval. INITIATED MEASURES AN ACT ABOLISHING THE AB- SENT VOTER'S BALLOT Ww AND REPEALING ARTICLE 16 CHAPTER 11 OF THE ILITICA! CODE OF THE MPILED LAWS OF 1913, FOR IE STATE OF NORTH DAKOTA. AND ACTS AMENDATORY THEREOF. Submitted by Initiative Petition: AN_ACT ABOLISHING THE AB- SENT VOTER'S BALLOT LAW AND REPEALING ARTICLE 16 OF CHAPTER 11 OF THE POLITICAL CODE OF THE COMPILED LAWS OF 1913, FOR THE STATE OF NORTH DAKOTA, AND ACTS AMENDATORY THEREOF. Be It Enacted by the People of the State ef North Dakota: Section That Article 16 of Chapter 11 of the Political Code of the Compiled Laws of the State of North Dakota, for 1918, and acts amendatory thereto, which pro- vide for the voting of absent voters and the absent vote: ballot are hereby repealed. Section 2, That all laws or parts of laws in conflict herewith be and the same are hereby repealed. AN ACT MAKING IT UNLA FOR THE EXPENDITURE OF FEDERAL FUNDS wick THE STATE FOR POLITI PUR: POSES. Submitted by Initiative Petition. AN ACT TO PROVIDE THAT IT SHALL BE A MISDEMEANOR FOR ANY PERSON WHO HAS ANY JURISDICTION OR AUTHORITY OVER THE EXPENDITUR: OR WHO HAS BEEN PLAC! IN CHARGE OF EXPENDING, OR AUTHORIZING THE EXPENDI- CHAPTER 283 OF THE 1931 SES- SION LAWS, AND REPEALING SUBSECTION 7 OF SECTION 2346230 OF THE 1925 _SUPPLE- MENT TO THE COMPILED LAWS, AND ALL OTHER ACTS OR PARTS OF ACTS IN. CONFLICT HERE: WITH, ND DECLARING AN EMERGENCY. Be It Enacted by the Legisiative Asnembly ef the State of North Daketa: Section 1. AMENDMENT.) That Section 2346a11 of the Supplement to the Compiled Laws of 1913 as amend- ed and re-enacted by Section 2 of Chapter 253 of the 1933 Session Laws, be and is hereby amended and re- enacted to read as follows: Section 2346a11. GRADUATED RATES.) A tax is hereby imposed upon every resident of North Da- kota, which tax shall be levied, col- lected and paid annually with re- spect to his entire net income herein defined; computed at the fol- lowing rate: On all net incomes not In excess of $1,000.00 a tax of 1%. On ‘all net incomes in excess of $1,000.00, and not in excess of $2,000.- 00, a tax of 2%. On all net incomes in excess o! $2,000.00, and not in excess of $3,000.00, a tax of 3%. On all net incom: in excess of $3,000.00, and not in excess of $4,000.00, @ tax of 5%. On all net incom $4,000.00, and not in exc a tax of 6%. in excess of of $5,000.00, On all net incomes in excess of $5,000.00, and not in excess of $7,000.00, a tax of 734%. On all net incomes. in excess of $7,000.00, and not in excess of $9,000.00, a ‘tax of 10%. On all net incomes in excess of $9,000.00, and not in excess of $15,- 000.00, = tax of 12%%. On ‘all net incomes in excess of $15,000.00, a tax of 15%. tion’ 2. AMENDMENT.) That Section 234éa18 of the Supplement to the Compiled Laws of 1913, as amended and re-enacted by Subse tion 4 of Section 4 of Chapter 283, of the 1931 Session Laws be and ‘the same is hereby amended and re enacted to read as follows. Section 2346a18 (4) No losses shall be deducted from the fixed income of the taxpayer derived from salaries, es, or taxable dividends, bi actually sustained within the year from purchases and sales and other ‘transactions where th may be deducted, provided that no loss may be allowed in the sale of Property purchased hela ple: ion and which was not acquired or used for profit, but this provi hall not be construed to exclude | due to theft or the destruction roperty by fire, flood, or other casualty, or a loss sustained jn any sate OF tne Fesiaence of the laxpayer. In the case of a taxpayer other than a resident of the state, losses shall be allowed only as to transactions in real property or in tangible personal property having an actual us in this state, and lo: tion with any busin trade, profession or occupation cai ried on in this state. Provided, ev that the aggregate amount which may be deducted in connection with losses incur: in connection with the sale or exchani assets shall not exceed tl gains poporied fom Ce or nge of capital asse! any yea: Section 3. AMENDMENT.) That Section 2346220 of the plement to the Compiled Laws of 1913 as amentl- ed and r b Chapter 253 of the 19: be and the same is d_re-enac’ to read as fol (a). For the purpose of the tor oh ‘or the purpose of | on individuals, there shall be deducted the tax due, the following ex- case of a single indi- case of th end. a a4 ried “individual tiving eA tusband sod ‘wt fivins Sean cae Wine te tax; and In case they make BU onibe ig Bin Sty"se tach Sh er Sine Sree ee viduat (other than husband or wife) TURE OF ANY FUNDS CON- TRIBUTED OR GRANTED, IN WHOLE OR IN PART, BY THE UNITED STATES OR ANY DE- PARTMENT OR AGENCY OR _IN- STRUMENTALITY THEREOF FOR THE PURPOSE OF ALLEVIATING SUFFERING, RELIEVING UN- EMPLOYMENT, OR ERADICATING MISERY, DISTRESS OR P) ENCE, IN THE STATE OF NOR’ G4 ANY sy PERSON, FIRM OR CORPORATION, MUNICIPALITY, BOARD OR SUB- DIVISION, WHOSE COMPENSA- TION 18 PAID, IN WHOLE OR IN FART, WITH ANY SUCH FUNDS, TO DIRECTLY OR INDIRECTL‘ PROMISE ANY EMPLOYMENT TO WHERE THE SAID COMPENSA TION FOR SUCH EMPLO' MAY BE PAID, IN WHOLE OR IN PART, OUT OF ANY 8UCH FUNDS, OR TO DIRECTLY OR IN- DIRECTLY OFFER OR PROMISE eon TO AID OR ASSIST ‘ect THEREFOR, OR TO OR INDIRECTLY MAKE FER TO MAKE ANY TURE, OR CAUSE ANY DITURE TO BE MADE FERED, TO ANY PERSON THE INTENT TO INDUCE OR IN- FLUENCE ANY SUCH PERSON OR ANY SUCH OFFICER EITHER TO VOTE OR TO WITHHOLD HIS VOTE, OR TO VOTE FOR OR AGAINST ANY CANDIDATE OR TO PERSUADE OR ayuse. zB OTHERS TO VOTE IN PRI- MARY OR GENERAL FOR ANY PUBLIC OFFI Rr ANY PROPOSITION SEER AARGn Sut ODER os Be it Enacted by je It Enact the People ef the State ef Nerth Dakotas Section 1. That it shall be unlaw- ful for any person who has any - diction or authority over the tare, or ee od been pi charge of expel or authorising the expenditure, ot any funds com- tributed oF granted. in the whole or in part, by the United States or any department, agency or instrument ity therot, for, the ‘purpose leviating suffering. relieving ‘waems te ee ployment, or eradicating tress or pestilence, in the Nore pare or for any is emplo: iar pare poration, Tmuntolpatt a board division, whose compensation in whole or in part, fangs to directly or 11 or sub- with any indi prom. any employment to or for aay whe core is Person whomsocever, or to or romise to secure any empl it lor any person whomsoever, wi the said compensation for such em. ployment may be paid, in whole or in batt out of any Sg te or to di- ctly or indirectly offer or promise to offer, to aid or assist any such person or employee, SE any mi of a county, wi l= ity, in Tepe such employment tligitie therefor, oF to Proteet ai make or offer to make any expenditure, saren or cause any expenéit or ee to pereane with the inten te induce or @ any such person or such officer, either to vote or hold his vote, or to vote for any candidate or {perm oF in- fluence others to in rie mai meral election Bay public officer or any