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[CH. 160

correct record of their acts and proceedings, which statement must be signed by at least two of their number and shall be recorded by the auditor in the drainage record.

Approved April 19 A. D. 1913.

CHAPTER 159.

COMPENSATION OF APPRAISERS AND COMMISSIONERS FOR DRAINAGE

DISTRICTS.

H. F. 224.

AN ACT to amend section nineteen hundred eighty-nine-a-forty-one (1989-a41) of the supplement of [to] the code, 1907, and amendments thereto relative to the compensation to be paid [to] appraisers of damages and commissioners of drainage districts.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1.

Fees-expenses. That section 1989-a 41 of the supplement to the code, 1907, be amended by striking out the word "three" after the word "receive" in the second sentence thereof and inserting therefor the words: "such compensation as the board of supervisors may allow, not to exceed four"

Approved April 17 A. D. 1913.

CHAPTER 160.

TAKING PRIVATE PROPERTY FOR WORKS OF INTERNAL IMPROVEMENT.

S. F. 554.

AN ACT to amend the law as it appears in section two thousand nine (2009) of the code relating to appeals from the action of the commissioners in assessing damages where private property is taken for works of internal improvement.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Appeal-how taken-change of venue. That the law as it appears in section two thousand nine (2009) of the code be and the same is hereby amended by adding thereto after the period at the end of said section the following:

"In cases where the property to be taken is for the use of the state either party shall be entitled to a change in the place of trial to the nearest district court outside of the county in which the property is located upon filing a motion for such change of venue."

Approved April 18 A. D. 1913.

CH. 162]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 161.

TAKING PRIVATE PROPERTY FOR WORKS OF INTERNAL IMPROVEMENT.

S. F. 352.

AN ACT to amend the law relating to the taking of private property for works of internal improvement as the same appears in section twenty hundred twentyfour-d (2024-d) supplement to the code, 1907.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Sheriff's jury-selected by chief justice of supreme court. That the law as it appears in section twenty hundred twenty-four-d (2024-d) supplement to the code, 1907, be and the same is hereby amended by striking out the word "which" in line nine (9) of said section, and inserting in lieu thereof the following:

"except that the members of the sheriff's jury shall be selected by the chief justice of the supreme court of the state of Iowa upon receipt of notice from the sheriff of the county in which the real estate is situated that the application mentioned in code section nineteen hundred ninety-nine (1999) has been made to such sheriff, and not more than one member of such jury shall be residents of the same county, and the names and place of residence of each juror so selected by the said chief justice shall be returned by him and filed with said sheriff, and the."

Approved April 18 A. D. 1913.

CHAPTER 162.

RAISING OR LOWERING HIGHWAYS AT RAILROAD CROSSINGS.

H. F. 424.

AN ACT to amend section two thousand seventeen (2017) of the code, relating to the right of railroad companies to raise or lower highways where they are crossed by railroads, and giving the board of railroad commissioners authority to order undergrade or overhead crossings.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-raising or lowering highways-disagreements referred to railroad commissioners. That section two thousand seventeen (2017) of the code is hereby repealed and the following is enacted in lieu thereof:

"Any such corporation may raise or lower any turnpike, plank road, or other road, for the purpose of having its railroad cross over or under the same, and, in such cases, such corporation shall put such road, as soon as may be, in as good repair and condition as before such alteration. When a new railroad crosses an established highway, or when it is desired to locate a new highway across an established railroad, or when it is desired by any citizen of or the board of supervisors of any county or by any railroad company operating a railroad in this state, for the safety of the public using such highway, to change, alter, re-locate, or vacate an established highway, where same crosses a

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[CH. 163

railroad, and the railroad company and the board of supervisors of the county in which such highway crossing is located, cannot agree in respect thereto, the board of railroad commissioners of this state, upon application of either the board of supervisors or of twenty-five freeholders of said county, or the railroad company interested, are authorized and empowered, after hearing upon reasonable notice, to determine the necessity for such crossings, location thereof, whether the same shall be at grade or otherwise, the manner in which the same shall be constructed, maintained, or changed, division of expense thereof, and generally to make such orders in respect thereto as are equitable and just, including the right to require condemnation proceedings to be instituted by the board of supervisors as may be necessary to carry out such order providing, however, that any portion of such expense that is borne by any city, town, county, state, or other public body, shall forever be considered as held in trust by said railroad company receiving same, and no part of the same shall be considered a part of the value of the properties of said railroad company upon which it is entitled to receive a return.

Approved April 8 A. D. 1913.

CHAPTER 163.

PRIVATE CROSSINGS OVER RAILROADS.

H. F. 361.

AN ACT to repeal section two thousand twenty-two (2022) of the supplement to the code, 1907, and to enact a substitute therefor, providing for private crossings over railroads and giving the board of railroad commissioners power to make orders when the land owner and railroad company are unable to agree.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-private crossings-how obtained-authority of railroad commissioners. That section two thousand twenty-two (2022) of the supplement to the code, 1907, be and the same is hereby repealed and the following enacted in lieu thereof:

When any person owns land on both sides of any railway, or when the railway runs parallel with the public highway, thereby severing the farm from the public highway, the corporation owning the same shall, when requested to do so, make and keep in good repair a sufficient causeway or other adequate means of crossing the same and one cattle guard on each side thereof connected by cross fences to the right of way fence on each side of the right of way at such reasonable place as may be designated by the owner. If such person desires more than one crossing or desires an overhead or underground crossing over or under said railway, he shall serve or cause to be served a notice in writing upon such railway company setting forth his demand, with a plat of the land showing the place and manner of the desired crossing or crossings. If such railway company, within thirty (30) days after having been served with such notice, has failed and refused to construct such crossing or crossings, such person may apply to the board of railroad commissioners of this state which shall have full authority to determine all questions growing out of such demand, and upon hearing, after due notice, make such order as it may deem just and equitable.

Approved April 19 A. D. 1913.

CH. 164]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 164.

CONDEMNATION OF LAND WHERE MATERIAL CAN BE HAD FOR ROAD IMPROVEMENT.

Sub. for S. F. 517.

AN ACT repealing section twenty-hundred twenty-four-i (2024-i) of the supplement to the code, 1907, and enacting a substitute therefor providing for condemnation of land where gravel or other suitable material for road improvement can be had, and roads leading thereto, requiring boards of supervisors to condemn said land, making said material accessible for general use for road improvement and providing punishment for use of said material for other than road purposes.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-board of supervisors-power to condemn. That section 2024-i of the supplement to the code, 1907, be and the same is hereby repealed, and the following substitute enacted in lieu thereof.

The board of supervisors of any county is hereby authorized and empowered within the limits of such county and without the limits of any city or town, to procure, purchase or condemn, enter upon and take any lands, not to exceed five acres in any one place, for the purpose of obtaining gravel or other suitable material with which to improve the roads and highways of such county including a sufficient roadway to such land by the most reasonable route, and to pay for the same out of the county road funds, and it shall be the duty of the board of supervisors of each county, where such material can be found within the county as herein provided, to procure, purchase or condemn such tracts so that no part of the county shall be more than six miles distant from land where such material can be obtained for highway purposes, provided, however, that the board of supervisors shall not be required to purchase such land, but may procure the road material at any place within or without the county when the combined cost of obtaining and hauling the same is not greater than the cost would be by condemnation proceedings under this act.

SEC. 2. Township trustees-right to use material. The township trustees of any township in such county shall have the right to enter upon, take and use any such land, gravel or other suitable material for the purpose of improving the highways and roads within their respective townships.

SEC. 3. Good roads clubs-right to use material-misuse-penalty. Road improvement companies, corporations, voluntary associations, commercial clubs, road improvement districts, and individual citizens shall have the right to enter upon said land and haul and use said material for public road improvement. Any person, company, corporation or club using said material for any other purpose than public road improvement, shall be guilty of a misdemeanor, and upon conviction, fined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, or imprisonment in the county jail not more than thirty (30) days, or both.

SEC. 4. Non-feasance in office-removal. In case the board of supervisors of any county shall fail, neglect or refuse to perform the duty imposed upon them by this act, the members thereof shall be subject to removal from office for failure to perform their duty as provided by chapter 78 of the acts of the thirty-third general assembly as amended.

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[CH. 165

SEC. 5. In effect. This act, being deemed of immediate importance, shall take effect and be in force on and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa.

Approved April 17 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital April 21, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 165.

PASSENGER RATES TO FAIRS OR EXPOSITIONS.

S. F. 327.

AN ACT to amend section two thousand seventy-seven (2077) of the supplement to the code, 1907, relative to passenger rates and providing passenger transportation charges to towns and cities within this state, at which fairs or expositions are or may hereafter be held.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1.

Passenger rates-schedule-duties-railroad commissioners. That section two thousand seventy-seven (2077) of the supplement to the code, 1907, is hereby amended by adding thereto the following:

"All railroad corporations, according to their classification, as herein prescribed, shall be limited to compensation per mile for the transportation of any person, with ordinary baggage not exceeding one hundred fifty pounds in weight, who shall purchase a round trip ticket from any point within this state to any town or city within said state at which an annual fair or exposition is being held, said ticket being good for return trip of said purchaser to point of origin during said fair or exposition, and at least one day after the conclusion of the same-as follows: Class "A", one and one-half cents; class "B", two cents; class "C", two and one-half cents; and for children twelve years of age or under, one-half of the rate above prescribed, all of the aforesaid rates to apply to each mile travelled; provided, however, that said maximum rates of charge shall only apply on transportation to such points at which an annual fair or exposition has been held during one or more preceding years, and where the attendance during the immediately preceding year for any week or part thereof was not less than seventy-five thousand bona fide paid admissions; and it is further provided that upon application being made by any interested party, the state board of railroad commissioners shall, after full hearing, determine whether or not any given fair or exposition comes within the provisions of this statute, and in case such commission shall find that any given fair or exposition comes within said provisions, then, and in that case, the said commission shall prescribe the time and place at which the carriers shall perform the services for the rates of charge, as hereinbefore stated; and said commission shall by order designate what reasonable notice shall be given by said railway companies to the public of the rates aforesaid; and the said orders of the board of railroad commissioners shall be enforced in the same manner as is provided by law for the enforcement of other orders of the said commission."