The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

The petitioner, or the owner of said prop
efty and franchises or any person or
corporation having a lien or interest as
aforesaid, feeling aggrieved by said re-
port or the commissioners may appeal
from the order confirming or refusing to
confirm Or modifying the same to the
supreme court. Said appeal shall be
neard as other appeals and the supreme
court may affirm, reverse, or modify
the order appealed from. If the supreme
court reverse or modify said order, the
SAID proceedings shall be remanded to
said district court with directions to ap-
point new commissioners or order re
nearing or take such other steps as said
supreme court may direct and if new
commissioners are appointed or a re-
nearing is had the proceedings on such
rehearing shall be conducted in the same
manner and upon the same notice as
provided herein for the original hear
ing
When the report is confirmed, the
court shall enter final order in the
proceedings which shall be binding upon
all persons having any interest in the
property and franchises condemned,
directing that compensation be made
commissioners and that the petitioner
shall thereupon be entitled to take and
hold forever the property and franchises
condemned for the public use. Payment
district court to the credit of any person
or corporation mentioned in said Or
der, shall be deemed a payment within
the provisions of this act.
Sec. H. Immediately upon payment being
made as hereinbefore provided, the said
city shall be entitled to enter into the
possession of the condemned property
fee for the public use.
Sec. II. The proper officers of such
city are hereby. authorized and directed
manner as is now provided for issuing
and for selling duly authorized bonds
Of such city, bonds sufficient to pay the
amount or amounts directed by the final
issued by a vote of the members elect
of the common council Of such city
without the submission of the question
to a vote. Of the people and without re-
Of said city and no bonds issued pur-
suant to the provisions of this act shall
be deemed or taken to be part OF the
indebtedness Of any such city within
the purview of any statute limiting the
amount of the indebtedness to be in
CURED by any such city, and the author
tty herein given to issue bonds shall be
deemed and taken to be in addition to
all other acts authorizing the issuance
of bonds and shall not be construed in
any manner to modify or limit the right
Of any such city to issue bonds in any
other act, provided the bonds so issued
shall be payable in thirty years from
the date of issue and shall bear interest
at a rate not to exceed five per cent
10 per CGuIJ per duIluIQ anu SI1dl IOL De
sold for less than par and shall be pay.
able at such place as the common council
of such city may designate.
The proceeds of said bonds shall not
as are herein provided, and the
expenses of the proceedings herein
provided for, and any mem
Der. Of the common council or officer Of
said city who shall vote for or in any
manner participate in the appropriation
or expenditure of any OF the proceeds
of any such bonds for any other purpose,
shall be deemed guilty of misdeameanor
necessary expenses of the proceedings
herein authorized shall be audited and
paid by said city as other claims against
said city are audited and paid
Sec 49, No condemnation shall be in
stituted under the provisions of this act
until the same shall nave been author
lied by the legal voters of such city at
a general or special election called for
that purpose; such elections shall be
called and conducted in the manner pre-
scribed for municipals elections in such
city and the notices of election shall
contain statement Of the purpose for
which the election is held, viz: to &C
quire waterworks by condemnation pro-
ceedings and issuing bonds to pay for the
resolution Of the common council passed
by a majority vote of all members elected
thereto, which resolution shall distinctly
state the purpose of the election and
voters Of such city. The ballot to be
voted on under this act may read as fol-
lows: TN favor of the proposition to
condemn waterworks and issue bonds m
payment therefor" Yes" mo"
The voters voting in favor of such
proposition shall mark cross (x) oppo-
site the word Yes" and those voting
against such opposition shall mark a
cross (X) opposite the word NO" on said
ballot in a space provided for that pur-
pose. If a majority of the voters. vot-
ing on said proposition shall vote in
favor thereof then and in such case, the
proceedings for condemnation therein
provided for shall be taken. The votes
cast at such election shall be counted,
returned and canvassed the same as at
other municipal elections and the result
certified by the clerk or recorder by the
canvassing board
Sec. IA. This act shall in no wise apply
to waterworks plants which are used
or operated in connection with any cleo
trio light plant, nor to cities now having
and owning a system of waterworks.
Sec. Is. Any proceedings by this act
authorized must be instituted within one
year from the approval Of this act, and
if such proceedings are not so instituted
by any city within such period, it shall
thereafter have no power or authority
to proceed as in this act provided
Sec. 16 This act shall take effect and
be in force from and after it's passage.
Approved April 1S, 1903.