Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

ton of the commissioner to the dis
trict court of the county in which
the project is wholly or partially
located or to the district court of
Ramsey County. Appeals may like
wise be taken from the judgments
of the District Court to the SUI
preme Court of the state. Such
appeal may be taken and the rules
of pleading and procedure on such
appeal shall be the same as now
provided by law for appeals from
orders of the Railroad and Ware
house Commission of this state
and on the trial or appeal the
Judge of the District Court hav-
ing jurisdiction, or the the Su-
preme Court, may set aside, modify
or confirm such determination as
the evidence or law may require
The tendency of any such appeal
shall not of itself stay or suspend
the operation of the order or de-
termination of the Commissioner,
but the District Court, or the Su-
preme Court, in their discretion
may restrain or suspend, in whole
or in part, the operation of the
Commissioner determination pend
ing the final hearing and deter
mination of the appeal by requiring
the filing of an appropriate bond
or other undertaking by the ap-
pellant conditioned that the appel
liant shall answer for all damages
caused by the delay in the enforce
ment Of the determination of the
Commission. The Court may, in
lieu of such bond, require or per-
nit Of such other security as it
may deem proper.
Section 13. Any person or per-
sons, partnership, association or
corporation, public or private, that
shall do or cause to be done, any
act or thing contrary to or required
by the provisions Of this act, or
that shall fail, neglect or refuse
to do or cause to be done any
act required by the provisions of
this act; or that shall violate Or
fail to comply with any order of
the commissioner of which due
notice shall be given; or that shall
violate any of the provisions Of
this act, shall be guilty of a mis-
demeanor and upon conviction
thereof, shall be sentenced to pay
a fine of not more than 100000,
or, in the discretion of the court,
such person or persons, or the mem
berS of such partnership or asso-
citation, or the officers and direc-
tors of such corporation, public or
private, as the case may be, may
be sentenced to imprisonment for
a period not exceeding one year,
either or both, in the discretion
of the court. In the case of the
state or any agency thereof, coun-
ties. municipalities. and other pOlit-
ical subdivisions of the state, the
officials responsible for the VIOLA
ton shall. after hearing, be subject
to removal from office by the gov
ernor of the state.
Section IA. Upon application of
the commissioner, verified by oath
or affirmation, the district court
of any county in which the project
is wholly or partially located, or
the district court of Ramsey Coun-
ty, may, by injunction, enforce the
compliance with, or restrain the
violation of any order or notice,
or rule or regulation Of the COM
missioner made pursuant to the
provisions of this act, or restrain
the violation or attempted VIOLA
ton of any Of the provisions of
this act. The Attorney General Of
Minnesota shall act as legal
advisor to the commissioner.
Section Is. The commissioner
may appear, and represent and act
for the state in any matter relat-
ing to any application to be made
to the federal government or to
any of its officers, boards or COM
missioners for permit to develop
or use water power in the state,
and may do and perform such acts
in connection Herewith as he deems
proper to protect the interests Of
the people of the state consistent
with the provisions Of the act.
Section 16. All dams owned by
the state or erected upon lands
owned by the state or for which
the state has acquired permanent
easement shall be maintained by
the state from funds appropriated
by the legislature directly for such
purpose or from such other sources
as may be provided by law. The
commissioner is authorized to &C
cept from local governmental and
civic agencies, or persons, funds
for the purpose of maintaining
such dams and appurtenant or con-
troll structures.
Section II. Nothing herein shall
apply to existing contracts with or
permits, grants, or other authorize
tons by this state, any other state
or the federal government for the
appropriation, use or diversion of
public waters, nor shall apply to
existing dams, reservoirs, or con-
troll structures, owned, leased, or
operated by municipalities, indi-
vidualS, private corporations or
commercial companies operated for
the production of power, except as
may be necessary in emergencies
to protect the health and safety
of the people of the state.
Section Is. All acts and parts
of acts inconsistent herewith are
hereby superseded, modified, or
amended, so far as necessary, to
give effect to the provisions of
this act except that nothing in
this act shall be construed so as
to interfere with the exercises of