Attorneys and Counselors at Law CHAPTER 30. (S. B. 7) RELATING TO PRACTICE BY COUNTY JUDGES AND CLERKS OF COURT. AN ACT Entitled, An Act to Amend Section 4406 of the South Dakota Revised Code of 1919, Relating to County Judges and Clerks of Courts, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 4406 of the South Dakota Revised Code of 1919, is hereby amended to read as follows: Section 4406. Practice by Clerks and County Judges. It shall be unlawful for any Clerk of Courts or County Judge to act as an attorney or counselor at law in any case or matter which is or may be brought into his Court, or which may be appealed therefrom, or to directly or indirectly charge or receive any compensation for such service, except such fees as are allowed by law. Any person violating any provision of this Section shall be guilty of a misdemeanor. Section 2. Whereas, this Act is necessary for the immediate support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage and approval. Approved June 30, 1920. Banks and Banking CHAPTER 31. (H. B. 15) RELATING TO COLLECTION AND EXCHANGE FEES ON CHECKS, DRAFTS, ETC. AN ACT Entitled, An Act to Regulate Exchange Charges; to Prohibit Notaries from Protesting Unpaid Items; to Prevent the Embarrassment of the State Banks, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That the banks of this State may charge a service fee for collecting and remitting by exchange or otherwise checks, drafts, bills, etc., commonly known as "cash items", and the banks of this State may make such charge when such “cash items" are presented to the payer bank for payment through any bank, banker, trust company, Federal Reserve Bank, postoffice, express company, or any collectors agency, or by other agency whatsoever; and the amount of such charge is hereby fixed at one-tenth of one per cent of the total amount of such cash items so presented and paid at any one time, and not less than ten cents on any one transaction, provided, however, that no such charge can be made by banks for collecting a check presented to said banks where the check is drawn on any bank in the same municipality, city, town or village and does not bear an out-of-town endorsement. Section 2. That any officer or Notary Public who shall protest checks for non-payment where payment is refused solely on account of the presentor's refusal to pay exchange, shall be guilty of a misdemeanor, and there shall be no right of action either in law or in equity against any bank in this State for a refusal to pay such cash item when such refusal is based alone on the ground of the non-payment of such exchange. Section 3. That whenever one or more checks on any bank in the hands of a single holder or holders for an aggregate sum exceeding amount of such bank's legal reserve required to be kept in its vaults shall be presented on the same date and payment thereof demanded, the said bank may elect to make such payment in exchange instead of cash. Section 4. Whereas, this Act is necessary for the immediate support of existing institutions in this State, an emergency is declared to exist and this Act shall take effect and be in force from and after its passage and approval. Approved July 3, 1920. CHAPTER 32. RELATING TO PAYMENT OF INTEREST ON DEPOSITS. AN ACT Entitled, An Act to Amend Section 9014 of the South Dakota Revised Code of 1919, Relating to Banks and Banking and Interest on Deposits. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Section 9014 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows: Section 9014. No bank transacting a banking business under, this Chapter shall pay interest on deposits, directly or indirectly, at a greater rate than five per cent per annum, unless authorized by the Depositors Guaranty Fund Commission, and in no case to exceed six per cent per annum; such Commission shall have authority to grant permission to pay such higher rate, but the rate shall be uniform within any County. Any officer, director, or employee of a bank violating the provisions of this Section, directly or indirectly, shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the State Penitentiary for not less than one year nor more than three years, or by both such fine and imprisonment. Section 2. Whereas, the provisions contained in this Act are for the protection of banks and banking institutions, organized under State laws and operating under charters issued by the State, and are necessary for the immediate preservation of the Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage and approval. Approved June 26, 1920. Bridges CHAPTER 33. (S. B. 49) RELATING TO EMERGENCY BRIDGES. AN ACT Entitled, An Act to Permit County Commissioners to Make Extraordinary Expenditures to Meet Emergencies in Case of Flood, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Whenever an emergency arises requiring immediate expenditure for the repair or rebuilding of bridges and approaches to bridges, when such bridges and approaches to bridges are required to be built immediately, and on such short time that in the judgment of the Board of County Commissioners the people would be seriously inconvenienced in awaiting the regular advertising for bids for such building and rebuilding of bridges and approaches, the Board of County Commissioners may enter into contract for any such building or rebuilding of bridges and approaches to bridges without advertising for the letting of any contract therefor. Section 2. If there is not sufficient funds in the Road and Bridge Fund of any County for the payment of such work the County Commis.sioners are hereby authorized to issue emergency warrants based upon the assessments made and contemplated for road and bridge work. Section 3. That before any contract is let by any Board of County Commissioners under this Act the necessity for such emergency contract must first be approved by the State Highway Commission and any contract let hereunder must in all respects be first approved by the said State Highway Commission. Section 4. Whereas, the late floods have seriously damaged the bridges and approaches thereto and highways in many counties of the State to such extent that under existing laws the Counties cannot rebuild their bridges and approaches, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage and approval. Approved June 30, 1920. Laws-3. Constitutional Amendments CHAPTER 34. (S. J. R. 2) PROPOSING AMENDMENT OF SECTION 4, ARTICLE XIII. A JOINT RESOLUTION Proposing and Agreeing to an Amendment of Section 4, of Article 13, of the State Constitution, and Submitting the Same to a Vote of the People: Be It Resolved by the Senate of the State of South Dakota, the House of Representatives Concurring: That the following amendment of Section 4, of Article 13, of the Constitution of the State of South Dakota, which is hereby agreed to, be and the same hereby is submitted to a vote of the people at the next general election, as follows, to-wit: 4. The debt of any county, city, town, school district, civil township or other subdivision, shall never exceed five (5) per centum upon the assessed valuation of the taxable property therein, for the year preceding that in which said indebtedness in incurred. In estimating the amount of indebtedness which a municipality or subdivision may incur, the amount of indebtedness contracted prior to the adoption of the Constitution shall be included: Provided, that any county, municipal corporation, civil township, school district, or other subdivision may incur an additional indebtedness, not exceeding ten per centum upon the assessed valuation of the taxable property therein, for the year preceding that in which said indebtedness is incurred, for the purpose of providing water and sewerage, for irrigation, domestic uses, sewerage and other purposes, and sites and buildings for school and educational purposes generally; and Provided, further, that in a city where the population is eight thousand or more, such city may incur an indebtedness not exceeding eight per centum upon the assessed valuation of the taxable property therein for the year next preceding that in which said indebtedness is incurred for the purpose of constructing street railways, electric lights or other lighting plants. Provided, further, that no county, municipal corporation, civil township, district or subdivision shall be included wthin such district or subdivision without a majority vote in favor thereof of the electors of the county, municipal corporation, civil township, school district or other subdivision, as the case may be, which is proposed to be included therein, and no such debt shall ever be incurred for any of the purposes in this Section provided, unless authorized by a vote in favor thereof by a majority of the electors of such county, municipal corporation, civil township, school district or subdivision incurring the same. CHAPTER 35. (H. J. R. 2) PROPOSING NEW SECTION 17 TO ARTICLE XIII. A JOINT RESOLUTION Proposing and Agreeing to an Amendment to Article No. XIII of the Constitution of the State of South Dakota, Authorizing the State to Establish and Maintain a System of Credits for Assisting in the Building of Homes by the People of the State, and Submitting the Same to a Vote of the People. Be It Resolved by the House of Representatives of the State of South Dakota, the Senate Concurring: Section 1. That at the next general election in this State, Article XIII of the Constitution of this State be amended by adding thereto Section No. 17, which is hereby agreed to and which shall be submitted to the electors of the State for their approval, for the purpose of authorizing the State to establish and maintain a system of credits for assisting in the building of homes by the people of the State, in language as follows: Section 17. The State may establish and maintain a system of credits for assisting in the building of homes by the people of the State, and therefor may loan money and extend credit to the people of the State upon real estate security in such manner and upon such terms and conditions as may be prescribed by general law. The limitations and provisions regarding the incurring of indebtedness elsewhere found in the Consitution shall not apply to this Section, but the Legislature shall, at the time of incurring any indebtedness hereunder, provide for discharging same. CHAPTER 36. (S. J. R. 3) PROPOSING NEW SECTION 18 TO ARTICLE XIII. A JOIN RESOLUTION Proposing and Agreeing to an Amendment to Article No. XIII of the Constitution of the State of South Dakota, Authorizing the Legislature to Incur Indebtedness for Compensating Honorably Discharged Soldiers, Sailors and Marines of the Recent World's War or Other Wars of the United States and Persons Engaged Therein in War Relief Work, Including Former American Citizens Who Served the Allied Powers in the World's War and Have Been Honorably Discharged and Repatriated, for Their Services During Such Period, and Submitting the Same to a Vote of the People. Be It Resolved by the Senate of the State of South Dakota, the House of Representatives Concurring: Section 1. That at the next general election in this State there shall be submitted to a vote of the people a proposed amendment to the Constitution of this State, which is hereby agreed to, by adding to Article XIII a new Section to be known as Section No. 18 of said Artiile XIII, in language as follows: Section 18. The Legislature shall be authorized to provide by law for compensating honorably discharged soldiers, sailors, marines, and |