sale and disposal of grain, flour and its by-products, and may dispose of the same; Provided, That until otherwise provided by law the Board shall not lease, sell or convey to any person or persons the Mill and Elevator now located near the City of Grand Forks; and Provided, further, That unless expressly authorized by law, the Board shall not purchase any lands, mills, elevators or other buildings or structures, or any other real property.

The Board shall have power to purchase grain and to resell such part thereof as may not be needed in the operation of the mill; Provided that the Board shall purchase grain from outside the state only when such grain can be purchased, milled and marketed at a cost less than grain of like quality available within the state may be purchased, milled and marketed; And Provided, further, That no mill owned or operated by the state shall import from any foreign country any grain in bond for milling purposes, or mill any grain so imported in bond, or any grain from any foreign country for the purpose of milling and exporting the products thereof under the drawback provision of the United States Tariff Act except when necessary to insure the efficient operation of such mill.

All purchases by the Association of grain and produce of every kind, on which there is a future market in which the products may be adequately hedged shall be immediately hedged by the sale in such future market of an equal quantity of the same product or the equivalent thereof. All sales of flour, feed, millstuffs or other mill products, on which there is a futures market in which the products may be adequately hedged shall be immediately hedged by the purchase in such futures market of an equal amount of the same product or the equivalent thereof. The equivalent of any specific quantity of flour shall be the quantity of wheat required to produce it.

In so far as consistent with the recognized practices of the milling industry, sales shall be made for cash on or before delivery.

All grain, flour, feed, millstuffs and produce belonging to the Association or for which the Association is responsible to the owners, and all buildings and machinery belonging to the Association shall be fully insured against loss by fire in Fire Insurance companies authorized to do business in the State or the Fire and Tornado fund of the State of North Dakota.

Except as hereinafter provided the business of the North Dakota Mill and Elevator Association shall be limited to the operation and management of the Mill and Elevator now owned by said Association and located at the City of Grand Forks, but the Board shall have power to establish and maintain purchasing and selling agencies in this and other states, and in Canada and in foreign countries and shall fix the purchase price of all things bought and the selling price of all things sold; such prices shall be fair and reasonable, and in fixing them provision shall be made for all necessary costs and a reasonable allowance for depreciation, overhead expense, a reasonable surplus, a sinking fund, and for the repayment with interest of all sums advanced by the state, including Mill and Elevator Bonds. No discrimination in prices other than the difference in freight rates, shall be made as between persons or localities within or without the state in the purchase of grain or sale of flour and other products except as required to meet competition, but this shall not be held to prevent the Board from quoting a lower price on carload lots or sales in larger quantities.

Sec. 9. SALE OF DRAKE MILL AND OTHER PROPERTY.) It shall be the duty of said Board to take steps upon taking office to obtain bids in response to ninety days public notice of intention to sell the Drake Mill and Elevator. Such property shall be sold as soon thereafter as is consistent with proper prices and terms. No sale of any such property shall be made without the written approval of the Governor. Power is hereby expressly granted to the Board to execute and deliver any conveyances necessary to carry out the purposes of this section. Such conveyances shall be made in the name of the North Dakota Mill and Elevator Association by the chairman and Secretary of the Board and must bear the signature of the Governor signifying his approval. All funds derived from such sales shall be paid forthwith to the State Treasurer to be credited by him to the Sinking Fund for the payment of interest upon and the retirement of outstanding bonds of North Dakota Mill and Elevator series or shall be retained for use as working capital as may be determined by the Board. Until said Mill and Elevator located at Drake is disposed of, the Board shall have the same power to operate and the same responsibility for the operation of the Drake Mill as it has with reference to the Grand Forks project.

Sec. 10. MANNER OF CONDUCTING BUSINESS.) All business of the Association shall be conducted under the name of the North Dakota Mill and Elevator Association. Title to property pertaining to the operation of the Association shall be obtained and conveyed in the name of the State of North Dakota, doing business as the North Dakota Mill and Elevator Association. Deeds and other instruments conveying or affecting real property shall be executed under the authority of the Board and shall be signed by the Chairman of the Board and attested by its secretary, and the seal of the Association shall be affixed thereto. All contracts and other instruments requiring a seal shall be executed in the same manner. The Board mav delegate to the general manager, Treasurer or Secretary hereinbefore provided for, the execution of papers and instruments the manner of the execution of which is not herein specifically prescribed.

Sec. 11. EMPLOYEES, DUTIES, COMPENSATION, BONDS.) The Board shall obtain such assistance as in its judgment may be necessary for the establishment, maintenance and operation of the Association. To that end it shall appoint a general manager, and may constitute such manager its general agent, subject to the supervision, limitation and control of the Board. It may appoint and employ such subordinate officers, architects, builders, contractors, experts, accountants, assistants, clerks, agents and other employees as may be required and shall designate their titles, duties and compensation. Such compensation, together with the expenditures for operation and maintenance shall remain within the earnings lawfully available in each year for such purpose. The Board may remove any such appointee or employee with or without cause. All officers and employees of the Association charged with its financial functions shall, before entering upon their duties, respectively furnish a sufficient bond to the state in such amount and upon such conditions as the Board may require and approve; but the bond of the manager and of the Secretary and Treasurer shall not be less than fifty thousand ($50,000.00) dollars each. The members of the Board shall give good and sufficient surety bonds to the State of North Dakota to guarantee honesty in the performance of their duties. The bonds of the Members of the Board shall be in the sum of Ten Thousand ($10,000.00) dollars each. Such bonds shall be filed with the Secretary of State. The form of all bonds shall be approved by the Attorney General. The bonds shall be approved by the Governor and deposited with the Secretary of State.

Sec. 12. ВоOKS, RECORDS, STATEMENTS.) The Board shall cause to be kept a complete record of all transactions of said association, such record shall show at all times all liabilities of such Association, the current value of the plant and property owned, all purchases made for plant account, all money received from sales of plant equipment and property, all disbursements for expense and for the purchase of supplies of every kind and all receipts from sales. An inventory showing current cost values shall be taken during June and December in each year and on the first days of July and January of each year a statement shall be prepared and presented to the Governor showing in a detailed and itemized manner the condition of the business and the results of operation during the preceding six months' period A record shall be kept of all meetings of the Board and all decisions of the Board shall be determined by a record vote. All such books, records, and statements shall be public document's. The Board shall make a detailed report of the operations of the Association with inventories as of date December 31st of each year, and shall file the same with the Governor not later than the 1st day of the following February which report shall be printed and copies thereof delivered to the State Board of Audit and ll members of the Legislature.

Sec. 13. ACTIONS MAY BE BROUGHT.) Civil actions may be brought against the State of North Dakota on account of any cause of action claimed to have arisen out of transactions connected with the operation of the Association, upon condition that the provisions of this section are compiled with. In such actions the state shall be designated as the State of North Dakota, doing business as North Dakota Mill and Elevator Association, and the service of process therein shall be made upon the general manager of the Association. Such actions may be brought in the same manner and shall be subject to the same provisions of law as other Civil actions brought pursuant to the Code of Civil Procedure. Such actions shall be brought, however, in the county where the Association shall have its principal place of business, except as provided in Sections 7405, 7416, 7418, Compiled Laws of North Dakota of 1913. The provisions of Sections 375 and 657 of the Compiled Laws of 1913 shall not apply to claims against the state affected by the provisions of this act.

Sec. 14. DEPOSIT OF FUNDS.) All funds of the Association shall be deposited in the Bank of North Dakota.

Sec. 15. EXAMINATION BY STATE EXAMINER.) The State Examiner shall personally or through a deputy examiner visit the Association at least twice annually, and shall inspect and verify the various assets in its possession and under its control, and shall ascertain its liabilities with sufficient thoroughness of investigation to ascertain whether such assets and liabilities be correctly carried on its books. He shall investigate its method of operation and accounting. He shall report the result of such examination and investigation to the Board within thirty days thereafter, and shall in such report make recommendations as to changes in such method of accounting, and shall file a copy of such report with the Governor, the State Auditor, the Manager of the Bank of North Dakota, the Auditor of the Association and each member of the Board of Managers, and the General Manager of the Mill.

Sec. 16. REPEAL.) Chapter 152 of the Session Laws of the State of North Dakota for the year 1919, known as "An Act Declaring the purpose of the State of North Dakota to engage in the business of manufacturing and marketing of farm products, and for establishing a warehouse elevator and flour mill system under the name of North Dakota Mill and Elevator Association operated by the State, and defining the scope and manner of its operation, and the powers and duties of the persons charged with its management; and making an appropriation therefor," and all other acts or parts of acts in conflict herewith are hereby repealed.

Approved March 6th, 1923.

STATES ATTORNEY

CHAPTER 296.

(S. B. No. 381-Rusch.)

ASSISTANTS.

An Act Providing for Assistant States Attorneys in Counties with a Population Exceeding Thirty-five Thousand.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. ASSISTANT STATES ATTORNEYS.) In counties having a population exceeding thirty-five thousand, the States Attorney may be entitled to appoint two Assistant States Attorneys with the approval of the Board of County Commissioners; one to receive a salary of Fifteen hundred ($1500.00) dollars, and one to receive One thousand ($1,000.00) dollars.

Sec. 2. EMERGENCY.) An emergency is hereby declared to exist, therefore this Act shall take effect from and after its pas sage and approval.

Approved March 2nd 1923,

SUNDAY

CHAPTER 297.

(H. B. No. 156-Trubshaw.)

SUNDAY DANCES.

An Act to Prohibit the keeping open, running, or permitting the running of any place for public dancing on the First Day of the Week, commonly called the Sabbath, and providing a penalty therefor.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. It shall be unlawful to keep open, or to run or to permit the running of any place for public dancing on the first day