The Appeal., 1908-10-24

superintendence Of the construction of
state roads and bridges and shall use
sucn 1und In the construction thereof and
distribute the same In the several coun-
"a fhs ztsts ga no eeSnt7 5ha iIs
celVe IN any year more than three (3)
per cent or less than one-half (1b) of one
~ per cent of the total fund thus pro-
vlded and expended during such year;
and" provided further, that no more
than one third f,-3) of such fund accru-
ing in any rear shall be expended for
bridges, and in no case shall more than
one-th1rd G-3) of the cost of construc-
ton or improving any road or bridge be
paid by the state from such fund"
and to substitute therefor the following:
Ing aid in the construction and improve
ment Of public highways and bridges,
there is hereby created a fund to be
known as the State Road and Bridge
Fund Said fund shall include all moneys
accruing from the income derived from
investments in the internal improvement
10 said fund, and shall also include all
iuaos accrulng to any state road and
prldge fund. however provided
The legislature is authorized to add to
such fund, for the purpose of construct
ing Or improving roads and bridges Of
this state by providing, in it's discretion,
Tor an annual tax levy upon the property
of this state.''
The purpose and effect of this amend
n1ent Is to authorize the legislature to
levy upon all the property Of the state
any amount necessary, in it's Judgment,
for the benefit of the roads and bridges
therein, and In so far removes the Iimita-
tion which now exists in the Constitution,
whereby the legislature Is prevented
from ievying for such purpose tax ex-
ceedina one-twentieth G-2o) Of one (1>
mill on the taxable property within the
state. .
This amendment further authorizes the
legislature to provide salary and compen-
sation, including personal expenses In
CURED In the performance of duty by the
highway commission, or any other like
officer entrusted by law with similar du-
ties.
Finally, this amendment removes this
limitation which new exists in the Con-
sti+ution upon the powers of the highway
commission in the distribution of the road
and bridge fund Of the state whereby au-
thorized, and the amount which the state
may pay from such fund toward the cost
of constructing or improving any road or
bridge, and leaves the whole management
of such fund to be provided for by law,
as the legislature shall deem wise.
The adoption of this amendment will
not interfere with the power of the legis-
'ature to create a highway commission
and defne Its powers, nor will 1t Inter-
fere with the appointment and tenure Of
office OF the present commission.
THIRD PROPOSED AMENDMENT.
The third proposed amendment is con-
taIned In Chapter 379 of the Laws Of
Minnesota for the year 1907. BY this
amendment it Is sought to add the follow
ing section to Article nine (e) of the Con-
stitution as new section:
''Section II. The legislature my pro-
vide for the payment by the State OF
Minnesota of damages to growing crops
by hail and wind, or either, and to pro-
vide a fund for that purpose, may i'm
pose a specific tax upon lands, the own
ers Of which, at their option, have listed
the same with county auditors for that
purpose, and no payment shall be made
of any such damages except from the
fund so provided" ~
The purpose effect of this amend
ment Is to authorize the legislature to
permit the state to become the trustee In
the collection and disbursement of a fund
for the payment of damages to growing
crops by hall or wind, or both. This fund
Is to be created and maintained by spe-
clfic tax upon the lands Of such persons
ONLY shall VOLUNTARILY list the
same with their respective county audit
ors for such purpose. There can be no
tax for such purpose imposed on the lands
Of any owner who does not consent there
to. Its adoption will authorize the legis-
lature to direct that the taxing machinery
of the state be used to levy and collect
the tax necessary to raise such fund, and
to provide for the disbursement of the
same by the officers Of the state. but any
payments to be made by the state by rea-
son of damage by hail or wind will have
to be made from said fund and from no
other. The state would assume no re-
sponsibilty beyond the amount of such
fund, and could not further be rendered
liable.
FOURTH PROPOSED AMENDMENT.
The fourth proposed amendment is con-
tained in Chapter 4eO of the laws of Min
nesota for the year 1907. BY this amend
ment it Is sought to repeal the provisions
of Section seven ~ of Article seven %
reads ss follows:
Every person who by the provisions
Of this article shall be entitled to vote at
any election shall be eligible to any office
which now is, or hereafter shall be, elec-
tive by the people in the district wherein
he shall have resided thirty days previous
to such election, except as otherwise pro-
vided in this Constitution, or the Const1-
tuition and laws OF the United States,'
and to substitute therefor the following:
EVERY person who by the provisions of
this article shall be entitled to vote at
any election shall be eligible to any office
which now is, or hereafter shall be, cleo.
tive by the people in the district wherein
be shall have resided thirty days previous
to such election, except county super
intendeits Of schools who DC re-
quired to have educational qualifca tons
to be determined by the legislature and
except as otherwise provided in this Con-
stitution, or the Constitution and laws Of
the United States.'
The purpose and effect of this amend
ment is 60 authorize the legislature to re-
quire educational qualifications, in addi.
ton to all the other qualifications now re-
quired by law, for any person seeking the
office of county superintendent of schools.
As the Constitution new stands any Ieqat
voter is eligible to the office of county
superintendent of schools.
The foregoing four proposed amend.
ments constitute all the amendments pro.
posed for adoption at the ensuing Generaf
Election.
Yours respectfully, .
EDWARD T.. YOUNG,
Attorney General.
NOVEMBER THIRD.