The Ely miner., 1909-04-30
Five Hundred Dollars ($50o) to carry out
the provisions of this act.
Sec. 5. This act shall take effect and
be in force from and after its passage.
Approved April ID, 1909.
cHAPTER 1911. F. NO. 74s.


AN ACT making 1t misdemeanor to
manufacture, sell, barter, exchange or
give away any cigarettes or cigarette
paper.
BE ii enacted by the Legislature of the
State of Minnesota:
Section 1. That it shall be unlawful
for any person by himself, clerk. servant
employee, or agent directly or indirectly
upon any pretense or by any device to
manufacture, sell. exchange. barter, dis
pose of or give away, or keep for sale
any cigarettes, cigarette raper or cigar
cite wrappers, or any paper made or pre-
pared for the purpose of being filled
with tobacco for smoking. and any person
violating the provisions of this act shall
that the provisions hereof shall not ap-
ply TO the sales of jobbers doing an inter-
state business with customers outside OF
Sec. q This act shall take effect and
be in force from and after Aug. i, 1909.
Approved April IA, 1909.
CHAPTER 1871 F. NO. s5S.
AN ACT relating to the enforcement OF
rates of common carriers prescrlpeo
restitution of charges made by such
carriers in excess of such rates.
Be 1t enacted by the Legislature OF the
Section /. Whenever any common car
rier doing business in this state snail ran
or refuse to adopt and put into erect any
rates oS the order of
railroad and warehouse commission after
the time for appeal from such order has
terms Of such law or order become effec-
tive, 1t shall be the duty of the attorney
general to forthwith commence appro-
Of the state for the enforcement Of the
law or the order prescribing such rates,
in the District Court Of Ramsey county
In the District T0ort carr1s 9r any bas Any
agent or station, or in which its said
business is carried on, and during the
the pendency of any proceedings institut-
ed in any court having jurisdiction by
or on behalf of such common carrier
such order. it shall be the duty of every
such common carrier to keep correct
account Of every charge made by 1t FOR
any service to which such rates a1as,stPpG aPplGy
showing in each case the difference be,
tween the amount actually charged ana
the amount allowed to be charged under I,de
the stations between which the business
was carried, and the names ana address,
es Of the consignor and consignee;
Every such common carrier snail on
or before the tenth day Of each month,
report such information in full covering
the business business of the e pgeceang gomn1ss,ou pnhn 10
and said commission shall carefully pre-
serve such information in its office.
judicial proceedings, s. brought to enforce
or to resist the enforcement OF such rates
are ended by the entry OF final Judgment
therein-unless by such judgment SAID SAID
such common carrier shall pay to said
railroad and warehouse commission. for
the benefit Of the parties s entitled there SH
1t on the business to which such rates
apply. in excess OF the rates so pre-
scribed with lawful interest est, thereon thereon
was received and 1t shall thereupon be
the duty of said railroad and warehouse
commission to pay pay such money none with witt
poration by or for whom the same was
paid to such common carrier, and for
the of this act hs prsgt b
showing the payment thereof to such
common carrier shall be taken to be the
person entitled to so receive such money
Sec g. Ii any common carrier affected
by such rates shall fail or refuse to pay
to the railroad and warehouse commits
sion within, the time aforesaid all moneys
so collected by it in excess of the amount
lawfully collectible under the rates so
prescribed or to file with the said COM
mission within said time the written re-
lease Of his claim signed by the person
entitled to such restitution, it shall be
the duty of the railroad and warehouse
commission to report .S. such a..de default &c, OF
eral who shall thereupon bring an action
in the name of the State of Minnesota
for the benefit OF the parties having paid
such overcharges, to recover the same
from such common carrier, and ii shall
have the exclusive right. to sue for and
rier and in such action in addition to
the aggregate amount of such excess
charges and interest. the court shall al
low ten per cent thereof additional as a
penalty.
All persons entitled to any part of
such money shall file their claims there
for within one year from the time when
the litigation involving the validity Of
said rates is ended
And all amounts paid to or recovered
by the railroad and warehouse commits
sion, not so claimed, shall be paid into
the state treasury to the credit Of the
general revenue fund.
Sec. 4. Every common carrier and the
officers and agents thereof whose duty
It is to make collections of any such
rates and keep the accounts thereof
who shall wilfully fail or, neglect to keep
for, or who shall make any Intentional
false account, entry or report in refer
ence thereto. or who shall fail to make
the reports herein provided to be made
to said railroad and warehouse commits
sion, shall be guilty of misdemeanor.
Sec 5. All provisions of law prescrib-
ment Of any rate or schedule Of rates
that have been heretofore or may. be
hereafter prescribed either by act of the
Legislature or by any order of the rail
road and warehouse commission apply
ing to the intra-state business Of any
common carrier doing business in this
Failure of any Common ay carriers carriers r to put t
any such rates into effect are hereby
repealed. but the court in which proceed
ings for the enforcement of such rates
may be pending may impose penalties for
disobedience to its orders made in such
proceedings as for contempt.
Sec. 6. This act shall take effect and
be In force from and after its passage
and shall apply after ten days from the
date date of Its p passage to all rates hereto
not been put into effect
Approved April 13. 1909.
CHAPTER 1865. F. NO. 1877.
AN ACT entitled "An act relating to the
expenditure of the county road and
bridge fund in counties having a pop
Walton of over 100000 and not over
275,000 Inhabitants, and authorizing the
board of county commissioners in GER
tain cases to improve roads through
villages
Be it enacted by the Legislature Of the
State of Minnesota:
Section /. Whenever in any county
now having. or which may hereafter have
a population of over 100000 and not over
275,000 inhabitants, the board of county
commissioners shall have permanently
improved any county road leading up to
the limits of any village, and shall have
also permanently improved any other
public road leading up to the limits of
public way or road within the limits of
such village constitutes a natural or
convenient connection between such i'm
proved roads. in such case the board of
county commissioners. with the consent
of the village council, may cause such
connecting way within the village limits
to be permanently improved.
Sec. 2. Such Improvement shall be
ner and under like conditions as are i'm
prOvementS to county roads, and the cost