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duty of every such express company or common carrier to transport all property, parcels, money, merchandise, packages, and other things of value which may be offered to them for transportation, at a reasonable charge or rate therefor; and all laws so far as applicable, now in force or hereafter enacted, regulating the transportation of property by railroad companies, shall apply with equal force and effect to express companies.

SEC. 3. Supervision by railroad commissioners-schedule of joint rates. The railroad commissioners of this state shall have general supervision of all express companies operating and doing business in this state; and shall inquire into any unjust discrimination, neglect or violation of the laws of this state governing common carriers, by any express company doing business therein, or by the officers, agents or employes thereof; and they shall have power and it shall be their duty, to fix and establish reasonable, fair and just rates of charges including a schedule of maximum joint rates for each kind or class of property, money, parcels, merchandise, packages, and other things to be charged for and received by each express company or carriers by express, separately or conjointly, on all such property, money, parcels, merchandise, packages and other things which by the contract of carriage are to be transported separately or conjointly by such express companies, or carriers by express, doing business over the line of any railroad or other carrier between points wholly within the state of Iowa, which rates or charges shall be made to apply to all such express companies or express carriers, and may be changed or modified by said commissioners from time to time in such manner as may become necessary.

SEC. 4. Schedule of rates for each company-prima facie evidence. Within six months from the taking effect of this act it shall be the duty of said railroad commissioners, and they are hereby directed, to prepare and make for each express company doing business in this state a schedule of reasonable maximum charges of rates for transporting property, money, parcels, merchandise, packages, and other things carried by such express company or companies between points wholly within the state of Iowa; and in all actions brought against such common carriers wherein there are involved the charges thereof for the transportation of any property, or any unjust discrimination in relation thereto, the schedules or reasonable maximum rates of charges so made by the railroad commissioners shall be taken as prima facie evidence in all courts that the rates fixed therein are reasonable and just maximum rates of charges for which said schedules have been prepared.

SEC. 5. Printed schedules posted and displayed. It shall be the duty of every such express company or common carrier engaged in transporting property, money, parcels, merchandise, packages and other things, to print in clear and legible type the schedules of rates for transportation of such property, money, parcels, merchandise, packages, and other things, so made by such railroad commissioners, and shall post in each of its offices or places. of business where patrons visit for the purpose of making and receiving shipments, and keep displayed in each office or place of business within convenient access, and for the inspection and use of the public during customary business hours such printed schedule of rates of charges and any amendments thereto, and shall also post and display in similar manner any special rules and regulations which may be promulgated by them or said railroad commissioners for the information of their patrons.

SEC. 6. Excessive compensation-penalty. It shall be unlawful for any express company or common carrier to charge, demand, collect or receive a greater compensation for such transportation of property, or for any service in connection therewith between the points named in such schedules than the rates and charges which are specified in the schedules made by said railroad

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commissioners and in effect at the time. Any such express company or common carrier, any officer, representative, or agent or any express company, or carrier, who knowingly violates the provisions of this act shall forfeit to the state of Iowa the sum of five hundred dollars for each offense, to be recovered as by law provided.

SEC. 7. Refusal to transport-liable for damages-penalty. Each and every express company or carrier by express, as herein defined, doing business within the state of Iowa, shall at all convenient times during the hours of business accept and receive for prompt transportation and shipment destined to points on their own line, or to points on the lines of other express companies operating within the state, or for points beyond said state, all property, parcels, money, merchandise, packages and other things of value which may be offered to them, or either of them, for transportation by the public, and any express company or other common carrier refusing to transport goods as above provided taking the same in the order presented, shall be liable to the party injured for damages sustained by reason of its refusal, and in addition thereto shall be liable to a penalty of not less than five (5) nor more than five hundred (500) dollars, to be recovered in each case by the owner of the goods in any court having jurisdiction in the county where the wrong is done, or where the common carrier resides or has an agent, and each case of refusal shall be construed as a separate offense under this act.

Approved April 1,. A. D. 1907.

CHAPTER 117.

THE MILITIA.

H. F. 353.

AN ACT to amend the law as it appears in section eighteen (18) of chapter ninety-one (91) of the acts of the Thirty-first General Assembly and to repeal section twelve (12) of chapter seventy-seven (77) of the acts of the Thirtieth General Assembly and section fourteen (14) of chapter ninety-one (91) of the acts of the Thirty-first General Assembly and to enact substitutes therefor and to provide for stoppage of compensation due officers and men of the Iowa National Guard for loss or damage to property issued to them by the state for military purposes.

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

SECTION 1. Repealed-allowance for postage, supplies, etc. That section fourteen (14) of chapter ninety-one (91) of the acts of the thirty-first general assembly be, and the same is hereby repealed and the following enacted in lieu thereof:

"There shall be allowed annually to each regimental and company commander the sum of one hundred dollars ($100) for postage, stationery, issuing orders, making official returns, keeping official records, conducting the correspondence of his office and all other paper work required by orders or regulations, which sum shall be payment in full for said services; and for like purposes to each chief musician of bands the sum of fifty dollars ($50), and for like purposes to each general inspector of small arms practice, major surgeons and regimental inspectors of small arms practice, the sum of fifty dollars ($50). All payments to be made semi-annually and in the amounts as herein provided.'

SEC. 2. Repealed-allowance for company drill-band practice-hospital corps drill. That section twelve (12) of chapter seventy-seven (77) of the

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acts of the Thirtieth General Assembly be and the same is hereby repealed and the following enacted in lieu thereof:

"There shall be allowed annually to each company for miscellaneous military uses not otherwise provided for by the state, not to exceed the sum of five hundred dollars ($500), the same to be paid semi-annually; companies showing full attendance and actual drill of those present of two hours each week shall be entitled to the full sum of five hundred dollars ($500), and companies showing lesser attendance at drill shall be paid proportionately, .provided that when a company's attendance at drill falls below fifty per cent, it shall be deemed inefficient and forfeit its right to any allowance under this section. And for like purpose and under like requirements to each regimental band the sum of two hundred fifty dollars ($250), and to each regimental hospital corps under like requirements the sum of one hundred twenty-five dollars ($125). The same to be paid under such regulations as the commander-in-chief shall prescribe."

SEC. 3. Annual appropriation. That section eighteen (18) of chapter ninety-one (91) of the acts of the Thirty-first General Assembly be amended by striking out the word "eighty-two" in the fourth line thereof and inserting in lieu thereof the words "one hundred" and by striking out the figures "$82,000.00" in the sixth line thereof and inserting in lieu thereof the figures "$100,000.00".

SEC. 4. Stoppage of compensation. Compensation, subject to payment by the state of Iowa, to the officers and enlisted men of the Iowa National Guard for military services shall be subject to stoppage for payment of loss or damage to public property issued them for military uses. Approved April 13, A. D. 1907.

CHAPTER 118.

LEGAL SETTLEMENT OF INSANE PATIENTS.

S. F. 322.

AN ACT to amend section twenty-two hundred and seventy (2270) of the code, relating to settlement of insane patients.

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

SECTION 1. Settlement in another county. Section twenty-two hundred and seventy (2270) of the code, be and the same is hereby amended by inserting in line twelve (12) thereof, between the words "given" and "the" the following: "If in either of the above cases the auditor of the county in which it is alleged that the patient has a legal settlement shall find adversely to the decision of the commissioners of the county from which the patient was committed, and said commissioners are unwilling to accept his findings, they shall, through the auditor of their county, forthwith apply to the district court through proper legal proceedings for a determination of the case. Any county whose officials shall fail either in cases now in dispute or disputes which may hereafter arise to apply to the district court as herein provided, within six months from the date of the receipt of notice from the auditor of the county in which it is claimed the patient has a legal settlement shall be liable for the maintenance of said patient. If, upon hearing, the court shall find that the patient has no legal settlement in either of the counties in dispute, the board of control shall at once be notified by the auditor of the county from which the patient was committed, in accordance with the provisions of section one (1) chapter ninety-two (92) acts of the Thirty-first

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General Assembly and the proceedings thereafter with reference to said patient shall be as provided in said section."

Approved April 13, A. D. 1907.

CHAPTER 119.

COMMITMENT TO AND RELEASE FROM HOSPITAL FOR INEBRIATES.

H. F. 455.

AN ACT to amend chapter eighty (80) of the acts of the Thirtieth General Assembly relating to state hospitals for inebriates and to furnish additional provision in regard to commitments to and release from such hospitals.

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

SECTION 1. Commitment-release. That section seven (7) of chapter eighty (80) of the acts of the Thirtieth General Assembly is hereby amended by adding thereto the following:

"Provided that before a person shall be committed to a state hospital for inebriates satisfactory evidence shall be submitted to the trial court or judge showing that the person committed is not of bad repute or of bad character apart from his or her habit for which the commitment is made and that there is reasonable ground for believing that the person if committed will be cured of such habit, and provided further, that the board of control of state institutions may discharge any person committed to a state hospital under the provisions of this act on the recommendation of the superintendent when satisfied that such person will not receive substantial benefit from further hospital treatment."

SEC. 2. In effect. This act, being deemed of sufficient importance, shall take effect and be in force from and after its publication in the Register and Leader and Des Moines Capital, newspapers published in Des Moines, Iowa. Approved May 8, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, May 9, 1907. W. C. HAYWARD, Secretary of State.

CHAPTER 120.

REGISTRATION AND PUBLICATION OF PEDIGREES.

H. F. 324.

AN ACT to repeal chapter ninety-eight (98), acts of the Thirty-first General Assembly and to enact a substitute therefor, relative to the registration and publication of pedigrees.

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

SECTION 1. Repealed. That chapter ninety-eight (98) of the acts of the Thirty-first General Assembly be and the same is hereby repealed and the following enacted in lieu thereof:

"SEC. 2. Registration of pedigrees-fee. Any owner or keeper of any stallion kept for public service, or any owner or keeper of any stallion kept for sale, exchange, or transfer, who represents such animal to be pure bred, shall cause the same to be registered in some stud book recognized by the

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department of agriculture at Washington, D. C., for the registration of pedigrees, and obtain a certificate of registration of such animal. He shall then forward the same to the secretary of the state board of agriculture of the state of Iowa, whose duty it shall be to examine and pass upon the correctness and genuineness of such certificate filed for enrollment. In making such examination, said secretary shall use as his standard the stud books recognized by the department of agriculture at Washington, D. C., and shall accept as pure bred, any animal registered in any such stud book. And if such registration is found to be correct and genuine, he shall issue a certificate under the seal of the department of agriculture, which certificate shall set forth the name, sex, age and color of the animal, also the volume and page of the stud book in which said animal is registered. For each enrollment and certificate he shall receive the sum of one dollar, which shall accompany the certificate of registration when forwarded for enrollment.

"SEC. 3. Posting certificate of registration. Any owner or keeper of a stallion for public service who represents or holds such animal as pure bred, shall place a copy of the certificate of the state board of agriculture on the door or stall of the stable where such animal is usually kept.

"SEC. 4. Grade stallion. Any owner or keeper of a stallion kept for public service, for which a state certificate has not been issued, must advertise said horse or horses by having printed handbills, or posters, not less than five by seven inches in size, and said bills or posters must have printed thereon immediately preceding or above the name of the stallion, the words 'grade stallion', in type not smaller than one inch in height, said bills or posters to be posted in a conspicious manner at all places where the stallion or stallions are kept for public service.

"SEC. 5. Transfer of certificate-fee. If the owner of any registered animal shall sell, exchange or transfer the same, and file said certificate, accompanying the same with a fee of fifty cents, with the secretary of the state board of agriculture, who shall, upon receipt of the original state certificate, properly transferred, and the required fee, issue a new certificate to the then new owner of the animal. And all fees provided by this act shall go into the treasury of the department of agriculture.

"SEC. 6. Publishing false pedigrees-penalty. Any person who shall fraudulently represent any animal, horse, cattle, sheep or swine to be pure bred, or any person who shall post or publish or cause to be posted or published any false pedigree or certificate, or shall use any stallion for public service, or sell, exchange or transfer any stallion, representing such animal to be pure bred, without first having such animal registered, and obtaining the certificate of the state board of agriculture as herein before provided, or who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and be punished by a fine of not more than one hundred dollars, or imprisoned in the county jail not exceeding thirty days or by both such fine and imprisonment."

SEC. 7. In effect. This act, being deemed of immediate importance, shall take effect from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa.

Approved March 28, A. D. 1907.

I hereby certify that the foregoing act was published in the Des Moines Capital, March 30, 1907, and the Register and Leader, April 2, 1907.

W. C. HAYWARD
Secretary of State.