Section 2. Every such market, whether heretofore or hereafter organized, shall be open to membership, with equal rights and privileges with all other members, to any person, firm, company, corporation or association desiring to deal in or trade in the commodity or commodities usually dealt in on such market, who shall make application for membership and whose methods of business operation or plan of organization shall not conflict with or contravene any reasonable rule, regulation or by-law of such market. All members shall be required to comply with all reasonable rules, regulations and by-laws of such organization, which may include the payment of a membership fee and reasonable assessments equally applicable to all members. The words "company," "corporation" or "association" herein designated shall include co-operative corporations or associations organized under the laws of the state of South Dakota. Any rule, regulation or by-law of such market which shall be designated or construed as controlling, limiting or modifying the articles of incorporation, constitution or bylaws of any association, company or corporation in the distribution of its profits to its stockholders and members shall be deemed to be unreasonable.

Section 3. Every such Chamber of Commerce, Board of Trade or Exchange which shall adopt any rule, regulation, by-law or order of whatever kind or form, or which makes any order in violation of the provisions of this act, or which shall refuse or unreasonably delay the admission of any such applicant to full and equal membership in any such organization, or which shall refuse to trade or deal with any member or permit any member to refuse so to deal with any other member on an equal basis with all other members, or which shall adopt, prescribe, construe or apply any rule, order, or regulation which shall have the effect of, or tends to, avoid or violate any of the provisions of this Act is hereby declared to be a monopoly in restraint of trade and guilty of a misdemeanor and may be prosecuted as provided by law, and further trading in said Chamber of Commerce, Board of Trade or Exchange, either by the organization itself or any member thereof shall be unlawful.

Approved March 12, 1921.

Public Officers

CHAPTER 342.

(S. B. 255)

RELATING TO CENSUS AS BASIS OF SALARIES.

AN ACT Entitled, An Act Relating to State and Federal Census and Salaries of Public Officers.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. Every State or Federal census shall become effective as the basis for salaries of public officers, on the first day of January following the publication thereof by the proper authorities.

Approved March 3, 1921.

Public Printing

CHAPTER 343.

(S. B. 71)

RELATING TO DEPUTY COMMISSIONER.

AN ACT Entitled, An Act to Amend Section 6927 Revised Code of 1919 of the State of South Dakota as Amended by Chapter 287 of the Session Laws of South Dakota of 1919 Relating to Public Printing.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 6927 Revised Code of 1919 of the State of South Dakota as Amended by Chapter 287 of the Session Laws of South Dakota of 1919 be further amended to read as follows:

Section 6927. Deputy Commissioner, Salary, Bond.] The commissioner of Public Printing shall have the power to appoint a deputy commissioner at a salary of three thousand six hundred dollars per annum, who shall be an efficient and practical printer. The person so appointed shall proceed to qualify by taking the constitutional oath of office and executing an official bond in the sum of ten thousand dollars, with sufficient sureties to be approved by the commissioner conditioned for the faithful discharge of the duties of his office. The deputy commissioner when acting for the commissioner, shall have and exercise equal power and authority, subject to the approval of the commissioner, and shall attend to and perform any and all detail work relative to public printing, stationery and supplies as the commissioner may direct. Such deputy commissioner, when not engaged in the duties of his office, shall devote his time as clerk to the governor.

Approved March 8, 1921.

Railroad Commissioners

CHAPTER 344.

(H. B. 328)

RELATING TO INSPECTION OF SCALES.

AN ACT Entitled, An Act to Amend Section 9583 of the Revised Code of 1919 of the State of South Dakota Relating to the Supervision, Control and Inspection of Track Scales Used in Weighing Cars of Freight Offered for Shipment in Carload Lots or in Weighing Livestock at Stock Yards and to the Inspection, Testing and Repairing of all Private, Farm, Town and City Scales Used in Weighing Hay, Grain, Wood, Coal and Live Subjects of Commerce When Weighed in Ton Lots; and Defining the Duties of the Board of Railroad Commissioners in Relation Thereto, and Prescribing Penalties.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 9583 of the Revised Code of 1919 of the State of South Dakota be and the same is hereby amended to read as follows:

Section 9583. Duty to Inspect.] Duty to Inspect.] Whenever requested so to do by any common carrier or shipper, or by any other person owning or using a scale under the jurisdiction of such board, or whenever necessary or proper in the judgment of such board, it shall be the duty of such board, by any one or more of its members or by any authorized inspector or agent, to inspect and test any such scale; provided, that such board shall not be obliged to inspect or test any farm scale, except upon request of the owner or some person using or about to use the same, and in such cases only under reasonable conditions, rules and regulations to be fixed and prescribed by the board; and for that purpose the board is authorized to provide itself with proper facilities, devices or assistants for making such inspections or tests. And whenever any scale shall be found to be incorrect, it shall be unlawful for the common carrier or shipper or other person owning or operating such scale to pemit the same to be used again until it shall have been reexamined and retested and found to be correct. If such scales are found to be incorrect and are condemned, upon the request of the owner of such scales or the persons in charge of the same it shall be the duty of the scale inspector or other person inspecting the same, with such competent assistance to be furnished by the owner of such scales or the person in charge of the same as may in the judgement of the said inspector or other person inspecting such scales be necessary, to repair the same immediately; provided, that if the securing of necessary parts for the repair of such scales will occasion delay, such inspector or person inspecting the same shall perform the work of making such repairs with assistance to be furnished as aforesaid, as promptly as possible; and, provided further, that the Board of Railroad Commissioners shall make and publish such reasonable rules and regulations for the inspection, testing and repairing of such scales as may be necessary and desirable and not inconsistent with the laws of this State, specifying therein among other things the extent and nature of the repairs which will in its judgment be practicable for its inspectors to make. In addition to the fee provided by law for the inspection of such scales, the owner or per

son in charge of such scales shall pay to the Board of Railroad Commissioners one dollar ($1.00) per hour for the time devoted by the inspector or other person inspecting such scales, to the work of repairing the same. The owner or person in charge of scale being repaired shall furnish all materials needed in making the repairs. All moneys collected under the provisions of this Section shall be, by the Board of Railroad Commissioners, deposited with the State Treasurer and by him kept in a separate fund and be expended only on vouchers approved by the Board of Railroad Commissioners pursuant to the provisions of Section 9757 of the Revised Code of 1919 of this State. Any person convicted of violating any provisions of this Section shall be punished by a fine not exceeding $100 or by imprisonment in the county jail not exceeding thirty days for each offense.

Approved March 12, 1921.

CHAPTER 345.

(S. B. 88)

RELATING TO ENFORCEMENT OF ORDERS.

AN ACT Entitled, An Act to Amend Section 9596 of the Revised Code of 1919 of the State of South Dakota, as Amended by Chapter 81 of the Session Laws Passed at the Second Special Session of the Sixteenth Legislature of the State of South Dakota, Relating to the Enforcement of Orders Made by the Board of Railroad Commissioners.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 9596 of the Revised Code of 1919 of the State of South Dakota, as amended by Chapter 81 of the Session Laws of the Second Special Session of the Sixteenth Legislature of said state, be and it is hereby amended to read as follows:

Section 9596. Enforcement of Orders.] If any common carrier or any person, partnership, association, or corporation, or any officer, agent, or receiver of such common carrier, person, partnership, association, or corporation, having failed to apply to the Supreme Court for writ of certiorari to review any final order or decision of the Board of Railroad Commissioners, or having applied for such writ and the final order or decision of the Board having been affirmed, shall fail, neglect, or refuse to obey such final order or decision, the enforcement of such order or decision shall be by appropriate proceedings as provided in Section 9521 of the Revised Code.

Section 2. All acts and parts of acts in conflict with this provision are hereby repealed.

Approved March 12, 1921.

CHAPTER 346.

(S. B. 328)

RELATING TO ATTORNEY FOR RAILROAD COMMISSIONERS.

AN ACT Entitled, An Act to Amend Section 9553 of the South Dakota Revised Code of 1919, Relating to the Attorney for the Railroad Commission.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 9553 of the South Dakota Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 9553. Attorney General States Attorney Duties.] The attorney general shall at all times, when requested, give the railroad commissioners such counsel and advice as they may from time to time require; and it shall be his duty to institute and prosecute, whenever requested by the board of railroad commissioners, any and all suits which such board may deem it expedient and proper to institute, and he shall render to such board such counsel, advice and opinions in writing, when requested, as are necessary to carry out the provisions of this article or any law of this state, according to the true intent and meaning thereof. The attorney general may, with the approval of the board of railroad commissioners, appoint an attorney for the board of railroad commissioners, who shall be an assistant attorney general of the state and whose term of office, when so appointed, shall be six years. It shall likewise be the duty of the states attorney of any county in which suit is instituted, or prosecuted, to aid in the prosecution of the same to a final issue upon the request of such board or the attorney general.

Approved March 11, 1921.

CHAPTER 347.

(H. B. 77)

RELATING TO INSPECTION OF WAREHOUSES AND SCALES.

AN ACT Entitled, An Act to Amend Sections 9765, 9756, 9573 and 9586 of the Revised Code of 1919, of the State of South Dakota, Relating to the Inspection of Public Warehouses and to the Inspection, Testing and Repairing of Scales Used for Weighing Grain at Public Warehouses and for Weighing of Other Commodities in Ton Lots in this State, and Prescribing Penalties.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 9765 of the Revised Code of 1919 of the State of South Dakota be and the same is hereby amended to read as follows:

Section 9765. Board to Test and Repair Scales.] The Board of Railroad Commissioners or any one or more members thereof or any agent, employee, or scale inspector of the Board may at any time. without notice enter any public warehouse in this state and test and seal all weighing scales and measures used in conducting such warehouse business, and for that purpose the Board is authorized to provide itself