with standard weights and measures and such additional facilities and equipment, including motor vehicles or such other means of conveyance as in the judgment of the Board may be necessary and suitable in carrying on the work of inspecting, testing and repairing scales in this state. If the person making such inspection shall find any scales in use in such public warehouse inaccurate, he shall condemn the same and attach thereto a card, notice, or other device indicating that the scales are condemned. It shall thereafter be unlawful for any person to remove, deface or destroy such card, notice or other device placed upon condemned scales, or to again use, or permit the use of such scales for any purpose, until the same shall have been repaired, retested and found to be correct, and until the Board of Railroad Commissioners, or the person making the inspection, shall consent to the further use of such scales. If such scales are found to be incorrect and are condemned, upon the request of the owner of such scales or the person 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 judgment 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 reasonable rules and regulations for the inspection, testing and repairing of such scales as may be necessary and desirable and not inconsistent wit hthe 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 person 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 provision of this section shall be punished by a fine not exceeding $100.00 or by imprisonment in the county jail not exceeding thirty days for each offense.

Section 2. That Section 9756 of the Revised Code of 1919 of the State of South Dakota be and the same is hereby amended to read as follows:

Section 9756. Public Warehouse Inspection.] The Board of Railroad Commissioners shall cause every warehouse and the busines thereof, and the mode of conducting the same, to be inspected at such times as it may deem necessary, by one or more members of the Board or by one of its agents, employees, or scale inspectors, who shall report in writing to the Board the result of such examination; and the property, books, records, accounts, papers and proceedings kept at such warehouses, so far as they relate to its condition, operation or management, shall at all times during the business hours be subject to the examination and inspection of such commissioners, their agents, em

ployees and scale inspectors; and the Board of Railroad Commissioners may, in all matters arising under provisions of this article, exercise the power to subpoena and examine witnesses, conferred upon the Board by law in relation to railroad companies.

Section 3. That Section 9573 of the Revised Code of 1919 of the State of South Dakota, as amended by Chapter 295 of the Session Laws of 1919 of the State of South Dakota, be and the same is hereby amended to read as follows:

Section 9573. Scale Inspectors-Salary.] Whenever in the judgment of the Board of Railroad Commissioners of this state, the said Board is unable to adequately inspect the public warehouses, or the manner of conducting business therein, and to inspect and repair the scales in this state as required by law, the said Board is hereby authorized and empowered to appoint suitable and competent inspectors to aid the said Board in making such inspections and repairs, such appointments to be made for such time as the Board shall designate. Each person so appointed shall qualify by taking an oath of office and giving a bond to the state in the sum of one thousand dollars ($1000.00) conditioned for the faithful performance of his duties; and he shall receive a salary of one hundred fifty ($150.00) dollars per month and his necessary traveling expenses during the period of his employment, necessarily and actually incurred in the performance of his duties, the said salary and expenses to be paid upon vouchers itemized and accompanied by receipts as provided by law, to be approved by the Board of Railroad Commissioners. Such inspectors shall report to the Board of Railroad Commissioners at such time or times and in such manner as the said board may require.

Section 4. That Section 9586 of the Revised Code of 1919 of the State of South Dakota be and the same is hereby amended to read as follows:

Section 9586. Violation-Penalty.] Except as in this article otherwise provided, any person, partnership or corporation, neglecting or refusing to install a seal for the preservation of adjustment as required by Section 9582 of the Revised Code of 1919, upon any scale under the jurisdiction of the Board of Railroad Comimssioners, after thirty days notice so to do; or removing, defacing or destroying any such seal placed upon any scale by any member of the Board of Railroad Commissioners or any agent, employee, or scale inspector of the Board for the purpose of fixing or preserving the adjustment of such scale in order to insure its accuracy; or removing, defacing, or destroying any seal, tag, card, notice, or other device, placed upon any scale by any member of the Board or by any agent, employee or scale inspector of the Board for the purpose of indicating that such scale has been condemned and must not be used; or using or permitting the use of any scale that shall have been tested and found to be incorrect, before the same shall have been again tested and found to be correct and the further use thereof authorized or consented to by the Board or one of its scale inspectors; or preventing or attempting to prevent or in any way interfering with any member, inspector, agent or employee of the Board of Railroad Commissioners entering the premises where such scales may be kept, or inspecting or testing such scales; or knowingly failing or neglecting to observe any reasonable rule or regulation of the Board of Railroad Commissioners relating thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days for each offense.

Section 5. Repeal.] All acts and parts of acts in conflict with any of theprovisions of this act are hereby repealed. Approved March 12, 1921.

CHAPTER 348.

(S. B. 332)

RELATING TO SALARIES.

AN ACT Entitled, An Act to Amend Section 9500 of the Revised Code of 1919 of the State of South Dakota, as Amended by Chapter 293 of the Session Laws of 1919, of the State of South Dakota, Relating to the Salaries of Railroad Commissioners.

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

Section 1. That Section 9500 of the Revised Code of 1919 of the State of South Dakota, as amended by Chapter 293 of the Session Laws of 1919 of the State of South Dakota, be, and the same is hereby amended to read as follows:

Section 9500. Salaries.] The salaries of members of the Board of Railroad Commissioners shall be as follows: For any member who shall have served as such for less than six years, three thousand five hundred dollars per annum; for any member who shall have served as such for six years or longer, four thousand five hundred dollars per annum. Section 2. Repeal.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Approved March 14, 1921.

CHAPTER 349.

(S. B. 113)

RELATING TO STOCK YARDS.

AN ACT Entitled, An Act Providing for Regulation of the Handling and Feeding of Live Stock in Stock Yards and Feeding Yards on Railroad Property in this State.

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

Section 1. The business of handling and feeding live stock at stock yards or feeding yards owned by railroad companies or located upon railroad property in this state is a business that is affected with a public interest and as such is subject to regulation by the state. Jurisdiction and supervision over the handling and feeding of live stock in such stock yards or feeding yards are conferred upon the Board of Railroad Commissioners. Whenever any complaint is made to the Board of Railroad Commissioners pertaining to the method of handling or feeding of live stock, or the charges made therefor, the Board of Railroad Commissioners shall investigate such complaint in the manner provided by law for the investigation of complaints against railroads and it shall

have power to prescribe by order such relief as may be necessary and proper in such cases. The Board of Railroad Commissioners is fully authorized and empowered by its orders to establish just and reasonable, general or special rules, regulations and requirements to be observed by railroads and other persons owning, operating or in charge of stock yards or feeding yards on railroad property in this state, and by shippers whose live stock is confined in said stock yards or feeding yards; and by its orders, to fix and establish just and reasonable rates and charges for the handling or feeding of live stock in such stock yards, or feeding yards, located upon railroad property, whether the same are in charge of or owned or operated by the railroad company or by any other person, firm association or corporation, and to require all persons, firms, associations or corporations in charge of, owning or operating any such stock or feeding yards to make and file with the Board, under oath, such general or special reports or statements, containing such information concerning the methods of, and charges for, handling and feeding live stock, including statements of the quantities of hay and feed on hand or purchased and fed to live stock and the prices paid therefor and received on the sale thereof, as the board may from time to time specify or require to enable it to administer the provisions of this act.

Section 2. It shall be unlawful for any person, firm, association, corporation or railroad company in charge of, owning or operating any stock yards or feeding yards located upon railroad property in this state to refuse or neglect to prepare and file any report or statement requested by the board or to make any false or untrue showing, stateinent, or representation in any such report or statement, or to enforce or observe any rule or regulation or requirement or to charge, demand or collect any rate or charge for, or in connection with, the handling or feeding of live stock in such stock yards or feeding yards, other than or different from such rule, regulation, requirement, rate or charge, as the Board of Railroad Commissioners shall have fixed or established as hereinbefore provided, or shall have otherwise approved; provided, that it shall not be unlawful for anyone in charge of, owning, or operating such stock yards or feeding yards to continue in effect the rules, regulations, requirements, rates and charges in effect in this state on January 1st, 1921, until such time as the Board of Railroad Commissioners shall by a general or special order otherwise direct or determine. All rules, regulations, requirements, rates and charges fixed, established or approved by the Board of Railroad Commissioners pursuant to this act shall in all proceedings before the board or in court be presumed to be just and reasonable. Any person, firm, association, corporation, or railroad company, or any officer, agent, employee, or servant of any person, firm, association, corporation or railroad company convicted of violating any of the prvisions of this act shall be subject to a fine not exceeding one hundred dollars for each

offense.

Section 3. Any and all orders made by the Board of Railroad Commissioners pursuant to the authority conferred upon it by the provisions of this act may be enforced in the manner provided by Section 9521 of the Revised Code of 1919 of the state of South Dakota. The provisions of Chapter 81 of the laws passed at the Second special Session of the Sixteenth Legislature of the state of South Dakota shall be applicable in any proper case for a review of orders of the Board of Railroad Commissioners made pursuant to provisions of this act.

Section 4. Whereas this act is necessary for the immediate pres

ervation of the public safety and for the support of the state 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 March 1, 1921.

Railroads

CHAPTER 350.

(H. B. 339)

FIXING RATES OF TRANSPORTATION TO FIREMENS' TOURNAMENTS.

AN ACT Entitled, An Act Relating to Tournaments of the State Firemen's Association, and Fixing the Charges to be Paid to Railroads for Transporting the Members of Volunteer Fire Departments Which Are Members of Such Association and Their Baggage, and the Terms of Transporting the Same, Providing a Penalty for Violating the Provisions of this Act, and Declaring an Emergency.

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

Section 1. Whenever it shall be necessary for any bona fide member of a city or town volunteer fire department which fire department is a member of the State Firemen's Association, to travel upon any railroad in the State in order to attend the annual tournament of such association, the railroads of this State shall furnish transportation at a rate not to exceed two cents (2c) per mile for the whole distance to be traveled in going to and returning from the place where such annual tournament is held, upon such railroad or railroads within the limits of this State, for each member so carried including the usual amount of baggage; and all station or ticket agents or conductors shall sell first class tickets or furnish first class passage at the rate named, upon being notified that such members are travelling to or from such annual tournament. Whenever one or more of such members shall present to such agent or conductor a written statement of the Secretary of the association, showing the time and place in which the annual tournament of such association is to be held and with it a certificate of the City Auditor or Town Clerk, showing that he is a bona fide member of the city or town fire department, and that such fire department is a member of the State Firemen's Association, it shall be honored by the ticket agent or by the conductor by the issuance of a ticket at the rate provided for in this Act, and which ticket shall entitle the holder thereof to travel upon such railroad to the place of such tournament and return.

Section 2. Any officer, agent or employee of any railroad company who shall violate any of the provisions of this Act or who shall fail to comply with any of the provisions of this Act shall be guilty of a misdemeanor.

Section 3. Whereas, this Act is necessary for the immediate preservation of the public safety and for the support of the state 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 March 12, 1921.

Laws-30.