have said milk analyzed and tested by any chemist competent to test and analyze such milk in order that said dairyman may ascertain the correctness of the inspector's analysis of such milk. Provided, that at the time of taking such specimen for said dairyman and for said inspector a third specimen shall be taken by said inspector consisting of not less than one pint of said milk, which shall be taken from the same can from which the other specimens were taken which must be sealed in the presence of said dairyman, person, persons or agent and which said specimen shall be immediately forwarded to the Chemist of the Agricultural Experiment Station at Bozeman for analysis, and said chemist of said Agricultural Experiment Station shall in all cases, when ́so requested by said dairyman, person or persons or corporation act as umpire in said chemical analysis.

SECTION 15.

Any resident of the State of Montana to whose knowledge or observation comes the fact that any dairyman, person or persons or corporation is supplying milk from any diseased cattle, or cattle fed on stable bedding, stable refuse or other improper food of any character whatsoever, it shall be his duty to at once notify said inspector of such municipality who shall at once visit the premises or place indicated and if he finds the complaint to be true it shall then be the said inspector's duty to at once prohibit the further selling of the product of such dairy or dealer and at once file an information against said dairyman, person, persons, corporation or dealer in the nearest court.

SECTION 16.

This act shall apply to all the products of the dairy in any municipality to which this Act applies where sold in the state, county or any municipality to which the district covered by said inspector belongs.

SECTION 17.

It shall be a misdemeanor to adulterate milk in any manner whatsoever in a way likely to produce an unwholesome change in said milk, or disease to the consumer, and such milk shall be prohibited from exposure to sale, and any violation of this section shall be a misdemeanor and be punished as is herein mentioned within the meaning of this Act. The use of any product or any unnatural method whatsoever for the preservation or changing of milk excepting pasteurizing or sterilization, shall be a misdemeanor and be punished as is provided for in this Act.

SECTION 18.

Any City in the State of Montana having a population of less than 5,000, inhabitants shall have the option of adopting the sanitary provisions of this Act. Provided however, that it shall be unlawful to offer for sale, take or give away any meat from a diseased animal coming under the provisions of this act or any milk from a diseased cow or adulterated or chemically preserved milk or milk containing any extraneous substance within the provisions of this act within the state of Montana.

SECTION 19.

Any violation of the provisions of this Act shall be a misdemeanor and shall be punished by a fine of not less than $50 nor more than $500 for each separate offense.

SECTION 20.

This Act shall take effect and be in force from and after the first day of May, 1901.

SECTION 21.

All Acts and parts of acts in conflict herewith are hereby repealed. Approved March 14th, 1901

SENATE BILL NO. 65.

An Act Creating a Board of Park Commissioners as a Department of the City Government in Cities of the First Class, Defining its Powers and Duties, Fixing the term of Office of Commissioners and Providing for their appointment by the Governor. Be it enacted by the Legislative Assembly of the State of Montana:

SECTION 1.

That there is hereby created in all cities of the first class a board of Park commissioners which shall be composed of the mayor of the city and six other persons to be appointed by the governor of the state. The six persons so to be appointed shall have the same qualifications for the office of park commissioners as are required by Section 4749 of the Political Code for the office of mayor.

The term of office of each park commissioner shall be two years

from and after the first day of May of the year in which he is appointed and until his successor is appointed and qualified, save and except that three of the commissioners first appointed shall hold office for the period of one year from and after the first day of May, 1901, and until their successors are appointed and qualified.

Such board of park commissioners shall constitute a department of the city government with the powers in this act provided. Before entering upon the discharge of his duties, each park commissioner shall take and subscribe the oath provided by Section 1010 of the Political Code, which oath shall be filed in the office of the city clerk.

On the first Monday of May in each year, said board of park commissioners shall meet and organize by electing one of their number president and one of their number vice-president who shall hold their office respectively for the term of one year. The president, and in his absence the vice-president, shall preside at all. meetings of the board and shall countersign all warrants issued by the board and perform such other duties as shall be required and directed by the board.

The city clerk shall be ex-officio clerk of the board of park commissioners and shall attend all meetings of said board and keep correct minutes of all proceedings of said board in a book to be provided for that purpose by it, to be called "Record of Board of Park Commissioners of the City of It shall be the

duty of the city clerk, as such clerk of the board of Park commissioners, to keep an accurate account of all transactions of said board separate from other city accounts, and to make and submit in writing to said board at its first meeting in January in each year a report under oath showing in detail all of the receipts and disbursements made by the board during the year, which report shall be in duplicate, and after being approved by said board, one of said duplicates shall be filed in the office of the city clerk and one in the office of the city treasurer, and he shall perform such other services as the board shall require. In the absence of the clerk at any meeting held by the board, it shall designate one of its number as clerk pro tem to keep the minutes of said meeting, which minutes shall be delivered to the clerk to be transcribed into the record book of said board. The minutes of said meeting in said record book contained when approved by the board shall be prima facie evidence of the matters and things. therein recited in any court of this state.

SECTION 2.

The board of park commissioners shall have the management and control of all parks belonging to the city and of all trees and other plants upon the streets, avenues, boulevards and public places within the city, and the right to designate the character and quality of all trees and plants planted in such parks, streets, avenues, boulevards and public places.

Said board of park commissioners shall have the following powers and be charged with the following duties:

1.

To lay out, establish, improve and maintain park-ways, drives and walks in the parks of the city and to make plats thereof and to file the same in the office of the city clerk and to determine when and what parks shall be opened to the public.

2.

To cultivate, plant, maintain and improve all trees and other plants required to be planted, cultivated and maintained in the parks belonging to the city and in the streets, avenues, boulevards and public places of the city and for that purpose to establish and maintain nurseries for the growth of trees and plants.

3.

To make all rules and regulations necessary or convenient to protect and promote the growth of trees and plants in parks, streets, avenues, alleys, boulevards and public places under the care and con trol of said board, and for the protection of all birds inhabiting, frequenting or nesting in such parks, streets, avenues, boulevards and public places, and all rules and regulations for the use of parks by the public, and to provide penalties for the violation of such rules and regulations which rules and regulations shall have the force of city ordinances and be enforced in like manner as ordinances of the city are enforced.

4.

To employ and discharge workmen, laborers, engineers, foresters and others and to fix their compensation, "which shall be not less than the union scale of wages in force in each individual city of the

first class," and to make all contracts necessary or convenient for carrying out any and all of the powers conferred and duties enjoined upon said board by this act, and to pay all obligations authorized to be incurred by the provisions of this act.

5.

To lease all lands owned by the city heretofore acquired for parks, whether within or without the city, which in the judgment of the board it shall not be advisable to improve as parks upon such terms and conditions as the board shall deem to be for the best interests of the city, provided that such lands shall not be leased for a longer term at any one time than five years, and not for a longer time than one year without the concurrence of two-thirds of the entire board of park commissioners.

6.

To raise by taxation such a sum each year as the board shall determine to be necessary to defray the expenses of carrying out the work of said board not exceeding, however, in any one year a sum equal to an assessment of one-tenth of one per cent. upon all of the taxable property of the city as the same appears by the assessment roll of the county for said year.

7.

All other powers incident to the duties enjoined by the provisions of this act.

SECTION 3.

All moneys paid out by the park commissioners under the provisions. of this act shall be by warrant drawn upon the city treasurer which shall be signed by the city clerk and countersigned by the president or in his absence by the vice-president of the board of park commissioners. All moneys raised by tax for park purposes or received by the board of park commissioners for the sale of hay, trees, plants, or from the leasing of park lands, or from any other source shall be paid into the city treasury, and the city treasurer shall keep all such moneys in a separate fund to be known as the park fund. Such board shall have no power to incur liability on behalf of the city in excess of moneys on hand in, or taxes actually levied for, said park fund.