Appropria Purposes. [No. 143.] AN ACT making an appropriation for the Michigan Farm Colony for Epileptics, for certain special purposes, for the fiscal years ending June thirty, nineteen hundred sixteen, and June thirty, nineteen hundred seventeen, and to provide taxes to meet the same. The People of the State of Michigan enact: SECTION 1. There is hereby appropriated for the Michigan tion for 1916. Farm Colony for Epileptics for the fiscal year ending June thirty, nineteen hundred sixteen, from the general fund in the State treasury, out of any moneys therein not otherwise appropriated, the sum of one hundred thirty-five thousand three hundred ninety-four dollars and eighty-seven cents, to be used for the following special purposes: For the erection of two cottages at an average cost of forty-seven thousand dollars, ninety-four thousand dollars; for equipping said cottages, six thousand dollars; for erecting an industrial building, twelve thousand dollars; for equipping said industrial building, three thousand dollars; for constructing an office building, six thousand dollars; for equipping said office building, one thousand dollars; for constructing two six-inch wells, seven hundred dollars; for procuring necessary equipment, pumps, motor, pressure tanks, etc., for said wells, twenty-seven hundred dollars; for the construction of sewers and septic tanks for the new buildings herein provided for, twenty-four hundred dollars; for the installation of electric wiring from power house to cottages, three miles, five hundred dollars; for railroad siding from Michigan Central tracks to power house, one thousand four hundred seventy-four dollars and eighty-seven cents; for the construction of one half mile of cement walk, two hundred fifty dollars; for landscape gardening, two hundred fifty dollars; for agricultural equipment, twenty-one hundred twenty dollars, said agricultural equipment to consist of one binder at one hundred fifty dollars; one mower at fifty dollars; three wagons at sixty-five dollars each, one hundred ninety-five dollars; one manure spreader, one hundred twenty-five dollars; one silo filler, three hundred dollars; one corn harvester, one hundred twenty-five dollars; two teams, nine hundred dollars; two hundred rods of tile drain, one hundred dollars; two miles wire fence, one hundred seventy-five dollars; for the purchase and installation of laundry machinery, three thousand dollars: Provided, That any balance left from any of said items after the completion of the work or the purchase for which such item is provided may be used in carrying out the other purposes herein mentioned on securing the written permission of the Auditor General, it being the purpose hereof to make the entire amount appropriated by this section available for the purposes specified. Proviso, transfer of balance. tion for 1917. SEC. 2. There is also appropriated for the use of said Appropriainstitution for the fiscal year ending June thirty, nineteen hundred seventeen, out of any moneys in the general fund in the State treasury not otherwise appropriated, the sum of fifty-four thousand five hundred dollars to be used for the following special purposes: For the construction of one cot- Purposes. tage for patients, forty-seven thousand dollars; for the equipment of said cottage, three thousand dollars; for constructing one six-inch well, three hundred fifty dollars; for procuring necessary equipment including pumps, motor and pressure tanks for said wells, thirteen hundred fifty dollars; for the construction of sewers and septic tanks for the new cottages, twelve hundred dollars; for the installation of electric wiring from the power house to said cottages, three hundred dollars; for the construction of one-half mile of cement walk fifty dollars; for landscape gardening, two hundred fifty dollars; for the purchase of cows, one thousand dollars: Provided, That any balance left from any amount herein ap- Proviso, propriated for a specific purpose may, after the completion of of balance. such work or purchase, be used with the written approval of the Auditor General, for the completion of any other special purpose herein mentioned, it being the intention to make the entire appropriation of this section available for the carrying out of the special purposes named. transfer SEC. 3. The several sums appropriated by the provisions of How paid out. this act shall be paid out of the general fund in the State treasury upon the order of the board of control of the said Michigan Farm Colony for Epileptics, and the Auditor General shall issue his warrants in accordance with the proper requests of said board. Disbursements shall be made and accounts rendered as provided by the laws of the State. SEC. 4. The Auditor General is directed to incorporate in Tax clause. the State tax for the year nineteen hundred fifteen the sum of one hundred thirty-five thousand three hundred ninety-four dollars and eighty-seven cents, and in the State tax for the year nineteen hundred sixteen the sum of fifty-four thousand five hundred dollars, which amounts, when collected, shall be paid into the general fund in the State treasury to reimburse the same for the moneys hereby appropriated therefrom. This act is ordered to take immediate effect. 31 Revision of insurance laws. [No. 144.] AN ACT to authorize the Attorney General to prepare a bill for the revision, consolidation and classification of the laws of this State relating to insurance and to prescribe his duties in connection therewith. The People of the State of Michigan enact: SECTION 1. The Attorney General of this State shall, on or before the fifteenth day of January, nineteen hundred seventeen, report to the Legislature, a bill to revise, consolidate and classify the laws of this State relating to insurance, including those laws enacted at the legislative session of nineteen hundred fifteen. Approved May 7, 1915. Section amended. Action in chancery. [No. 145.] AN ACT to amend section twenty-six of act number three hundred of the Public Acts for the year nineteen hundred nine, entitled "An act to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violations hereof." The People of the State of Michigan enact: SECTION 1. Section twenty-six of act number three hundred of the Public Acts for the year nineteen hundred nine, entitled "An act to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violations hereof," is hereby amended to read as follows: SEC. 26. (a) Any common carrier or other party in interest, being dissatisfied with any order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may within thirty days from the issuance of such order and notice thereof commence an action in the circuit court in chancery for the county of Ingham, against the commission as defendant to vacate and set aside any such order on the ground that the rate or rates, fares, charges, classifications, joint rate or rates fixed are unlawful or unreasonable, or that any such regulation, practice or service fixed in such order is unreasonable; in which suit the commission shall be served with a subpoena and a copy of the complaint. The commission shall file its answer, and on leave of court any interested party may file an answer to said complaint. Upon the filing of the answer of the commission said action Issue and shall be at issue and stand ready for hearing upon ten days' hearing. notice by either party. All suits brought under this section Precedence. shall have precedence over any civil cause of a different nature pending in such court, and the said circuit court shall always be deemed open for the hearing thereof, and the same shall proceed, be tried and determined as other chancery suits. Any party to such suit may introduce original evidence Evidence. in addition to the transcript of evidence offered to said commission, and the said circuit court in chancery is hereby given jurisdiction of such suits and empowered to affirm, vacate or set aside the order of the commission in whole or in part, and to make such other order or decree as the court shall decide to be in accordance with the facts and the law; (b) No injunction shall issue suspending or staying any Injunction. order of the commission, except upon application to the said circuit court in chancery or to the judge thereof, notice to the commission having been given and hearing having been had thereon; evidence. (c) If, upon the trial of said action, evidence shall be Additional introduced by the complainant which is found by the court to be different from that offered upon the hearing before the commission, or additional thereto, the court, before proceeding to render judgment, unless the parties in such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further pro- Stay of proceedings. ceedings in said action for fifteen days from the date of such transmission. Upon receipt of such evidence the commission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, fares, charges, classifications, joint rate or rates, regulations, practice or ser vice complained of in said action, and shall report its action. thereon to said court within ten days from the receipt of such evidence. If the commission shall rescind its order com- When action dismissed. plained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon as though made by the commission in the first instance. If the original order shall not be rescinded or changed by the commission, judg ment shall be rendered upon such original order; Either party to said action, within sixty days after Appeal. service of a copy of the order or judgment of the court, may appeal to the supreme court, which appeal shall be governed by the statutes governing chancery appeals. When the ap Precedence. Burden of proof. peal is taken the case shall, on the return of the papers to the supreme court, be immediately placed on the calendar of the then pending term, and shall be brought to a hearing in the same manner as other cases on the calendar, or if no term is then pending, shall take precedence of cases of a different nature except criminal cases at the next term of the supreme court; (e) In all actions under this section the burden of proof shall be upon the complainant to show by clear and satisfactory evidence that the order of the commission complained of is unlawful or unreasonable, as the case may be. Approved May 7, 1915. Section amended. Who may associate. Purposes. [No. 146.] AN ACT to amend section one of act number one hundred thirty-six of the Session Laws of eighteen hundred sixtynine, entitled "An act relative to the organization and powers of fire, marine and automobile insurance companies transacting business within this State," being compiler's section seven thousand two hundred twenty-four of the Compiled Laws of eighteen hundred ninety-seven, as last amended by act number fifteen of the Public Acts of nineteen hundred eleven. The People of the State of Michigan enact: SECTION 1. Section one of act number one hundred thirtysix of the Session Laws of eighteen hundred sixty-nine, entitled "An act relative to the organization and powers of fire, marine and automobile insurance companies transacting business within this State," being compiler's section seven thousand two hundred twenty-four of the Compiled Laws of eighteen hundred ninety-seven, as last amended by act number fifteen of the Public Acts of nineteen hundred eleven, is hereby amended to read as follows: SEC. 1. Any number of persons, not less than seven, may associate together and form an incorporated company for any or all of the following purposes, to-wit: First, To make insurance on dwelling houses, stores, and all kinds of buildings, and upon household furniture, goods, wares and merchandise, and any other property, against loss or damage by fire; Second, To make insurance as aforesaid upon vessels, freights, goods, wares, merchandise and other property, against the risks of inland navigation and transportation; Third, To make insurance upon automobiles, whether stationary or being operated under their own power, against any hazard; |