vided, carp, chubs, suckers, bullhead, catfish and mullet, may be shipped out of the state, and these fish only, and provided, however, that no fish shall be shipped out of the state without first having been inspected by the state fish and game commissioner or county wardens or their deputies; and all packages or boxes containing fish so shipped must be accompanied by a tag, which must be attached to such box or package bearing the name of the shipper and the name of the county warden or his deputy, the date of the shipment and the number of pounds shipped, and all express companies or carriers who receive or carry any box, package or parcel containing fish without said tag attached, as described above, shall be guilty of a misdemeanor.

Sec. 30. This act shall take effect upon approval.
Approved March 9, 1899.

CHAPTER 27.

POWERS OF CITY COUNCILS.

AN ACT Relating to the Powers of City Councils.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. City Council May Require Tracks of Railway Company to be Removed. The city council of any city shall have the power to require the tracks of any steam or street railway company to be taken up and removed which shall have been laid upon the streets, alleys or highways of the city and which tracks remain in said streets, alleys and highways of the city contrary to the terms of the franchise of the company or which is declared by the city council a nuisance or which said railway company has failed to operate for a period of (9) nine months prior to the time when such nuisance shall be declared and shall have the power to declare any of the acts specified in this section a nuisance.

Sec. 2. May Require Gates. The city council of any city shall have power to require any steam or street railway company to place gates at any place along its tracks and is hereby authorized to designate the places where such gates shall be placed and the nature, kind and quality of such gates.

Sec. 3. This act shall take effect upon approval.
Approved March 9, 1899.

CHAPTER 28.

POLICE AND FIRE DEPARTMENTS.

AN ACT Authorizing Cities of 12,000 and More Inhabitants to Create a Police Department and a Fire Department, Maintain and Control the Same, and Transferring the Property of the Present Police and Fire Departments in Said Cities Over to the Mayor and City Council of Said Cities Respectively, and Repealing All Acts and Parts of Acts in Conflict Herewith and Especially Chapter LXXIII, Laws of Utah, 1896, Entitled "An Act Providing for the Appointment and Duties of the Board of Police and Fire Commissioners in Cities of 12,000 and More Inhabitants; and to Place the Police and Fire Departments of Said Cities Upon a Non-partisan Basis, and Defining the Duties of Officers and Members of Said Departments," and Abolishing all Offices Created Under Said Act.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. Police and Fire Departments. That the city council of each city of 12,000 and more inhabitants in this state is hereby authorized to create, support, maintain and control a police department and a fire department in their respective cities.

Section 2. Police Department. The police department of each city of 12,000 and more inhabitants of this state shall consist of a head of the department and such officers, men, employees and agents as the city council of said cities may by ordinance prescribe.

Section 3. Fire Department. The fire department of each city of 12,000 and more inhabitants of this state shall consist of a head of the department, and such officers, men, employees and agents as the city council of said cities may by ordinance prescribe.

Section 4. Mayor to Appoint Heads of Departments. The mayor of each city of 12,000 and more inhabitants of this state shall, with the advice and consent of the city council, appoint such heads of said departments, and in like manner fill all vacancies in the same.

Section 5. City Council to Provide Number of Each Department and Fix Salaries. The city council of cities of 12,000 and more inhabitants shall have full power to provide by ordinance the number and grade of officers, men, employees and agents in each department and their respective salaries, and to increase or decrease the number of officers, men, employees and agents in each department, and at any time to increase or decrease the salaries to be paid. In case the city council shall at any time decrease the number of officers, men, employees or agents of either of said departments, the head of such department shall immediately remove such number of officers, men, employees or agents as are required to comply therewith.

Section 6. Police Officers' Powers. All police officers and policemen shall possess the powers conferred upon constables by law; they shall execute and serve all warrants, processes, commitments and all writs whatsoever issued by the city justice of the peace.

Section 7. Head of Department to Appoint Subordinates. Removals. The head of each department shall by and with the advice

and consent of the city council and approval of the mayor appoint all subordinate officers, employees, men or agents in his department, and in like manner fill all vacancies in the same. Any subordinate officer, employee, man or agent may at any time be removed, without cause, and without charges being preferred and without a trial, hearing, or opportunity to be heard, by the head of either department with the consent of the council, or by the mayor with the consent of the city council whenever in their opinion the good of the service will be subserved thereby, and the same shall be final and conclusive, and shall not be reversed or called in question before any court. The city recorder shall forthwith notify in writing the removed person of his removal, and it shall not be necessary to state any cause for such removal, and from the time of such notification, the person so removed shall not in any case be entitled to any salary or compensation whatsoever.

Section 8. Heads of Departments Removal of. The heads of the police or fire departments of such cities, may, at any time be removed without cause, and without charges being preferred, and without a trial, hearing or opportunity to be heard, by the mayor, with the consent of the city council whenever in their opinion the good of the service will be subserved thereby. The action of the mayor and of the city council in removing the head of either department shall be final and conclusive, and shall not be reviewed or called in question before any court. The city recorder shall forthwith notify in writing, the removed head of either of said departments, of his removal, and it shall not be necessary to state any cause for such removal, and from the time of such notification, the person so removed shall not in any case be entitled to any salary or compensation whatever.

Section 9. Subordinates may be Suspended. The head of each department may at any time suspend any subordinate officer, employee, man or agent, employed therein, when in his judgment the good of the service demands it, for a period of time not exceeding fifteen (15) days, and during the time of such suspension the person or persons so suspended shall not be entitled to any salary or compensation whatsoever.

Section 10. Council to Prescribe Qualifications and Duties. The city council shall have the power by ordinance to prescribe and define the qualifications and duties of the officers and employees of said departments.

Section 11.

Council to Create Police and Fire Departments. The city council of said cities of 12,000 and more inhabitants of this state shall, within fifteen (15) days after this act takes effect by an ordinance create a police department and a fire department to comply with the provisions of section 1 and section 5 of this act.

Section 12. Mayor to Appoint Heads of Departments. The mayor of each city of 12,000 and more inhabitants shall forthwith after the ordinance referred to in section 11 of this act shall have gone into effect, appoint and submit to the mayor and city council

for their confirmation the names of the heads of the police and fire departments, and the head of each department shall within ten days after having been appointed, confirmed and qualified as such, submit to the mayor and city council for confirmation the names of the subordinates selected by him.

Section 13. Terms of Present Departments Vacated. The terms of all officers, policemen, employees and agents, including the chiefs, of the present police and fire departments in said cities of 12,000 and more inhabitants now in office shall expire thirty days after this act shall go into effect, and all property whatsoever, now belonging to said departments shall be turned over by the respective chiefs of each of said departments to the mayor of said cities.

Section 14. Repealing Clause. All acts and parts of acts in conflict herewith are hereby repealed, and particularly section 2482 Revised Statutes of Utah, 1898, so far as the same may be in conflict herewith, and chapter 73, Laws of Utah, 1896, entitled, "An act providing for the appointment and duties of the board of police and fire commissioners in cities of 12,000 and more inhabitants, and to place the police and fire departments of said cities upon a non-partisan basis and defining the duties of officers and members of said departments," are hereby repealed, and all officers created under and by virtue thereof are hereby abolished.

Section 15. This act shall take effect upon approval.
Approved March 9th, 1899.

CHAPTER 29.

STATE INSTITUTE OF ART.

AN ACT to Provide for the Creation of a State Institute of Art, and Prescribing Its Manner of Appointment, Powers and Duties.

Be it enacted by the Legislature of the State of Utah :

SECTION 1. State Institute of Art. A state institute of art is hereby created to be known as Utah art institute; the object being to advance the interests of the fine arts, develop the influence of art in education and to foster the introduction of art in manufactures.

Sec. 2. Governing Board. There shall be appointed by the governor by and with the consent of the senate, a governing board of the institute, which shall consist of seven members, four of whom shall be artists, one an architect, one prominently identified with state education, and one directly interested in the manufacture of silk or other art fabric.

Sec. 3. Terms of Members. The members of the governing board shall be appointed, three for two years, three for three years and one for four years, and at the expiration of said terms, and there

after, their successors shall be appointed by the governor by and with the consent of the senate, each to serve for the term of four years.

Sec. 4. Compensation. Must Qualify. Vacancies. All members of the art institute shall serve without compensation as such. All persons appointed as members of the governing board shall qualify by subscribing to the oath of office before an officer with a seal that they will faithfully perform the duties of said office. Vacancies in the governing board shall be filled by appointment by the governor within one month from the time of such vacancy.

Sec. 5. Board Must Organize. Quorum. Said board shall organize immediately after its appointment by electing from its members a president, a vice-president, a secretary and treasurer of the Utah art institute. Said officers shall also be president, vice-president, secretary and treasurer, respectively, of the governing board. Four members of the board shall constitute a quorum.

Sec. 6. Powers of Governing Board. The governing board shall have power to adopt by-laws and rules of procedure to govern the Utah art institute, to receive, hold and manage its gifts, bequests and property, and to perform all acts necessary to accomplish the duties hereinafter described. It shall also have the power to issue certificates of membership and to offer and confer prizes, mentions, medals and diplomas for works of art in painting, sculpture and manufacture, when in competition, under rules prescribed by the governing board. The Utah art institute shall have a seal with which it shall attest its official acts.

Sec. 7. Institute Membership. Membership in the institute shall be of four classes, viz.: Members of the governing board, honorary members, annual members and life members.

Sec. 8. Honorary Member for Life. Any person who shall submit to the governing board a work of art executed by himself, which shall be accepted by said board, shall by the tender to the art institute of said work of art, or in lieu thereof the payment of one hundred dollars, on receipt of a certificate of membership, issued by said board, become an honorary member for life.

Sec. 9. Annual Member. Any patron of art or a person interested in education or manufacture, shall upon the recommendation of four governing members or four honorary members, and the payment of ten dollars, be entitled, if elected by the institute, to a certificate of membership, for one year, and become an annual member.

Sec. 10. Annual Membership for Life. Upon the payment of one hundred dollars any person receiving the recommendation of the governor of the state or four governing members or four honorary members, shall, if elected by the institute, have all the privileges of annual membership for life.

Sec. 11. Lectureship Committee. There shall be appointed by the governing board a committee of three persons to be known as the art lectureship committee.