rescin

such transmission. Upon receipt of such evidence the com- Order mission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, charges, joint rate or rates, regulations, practice or service 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 complained 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 If the original order shall not be rescinded or changed by the commission, judg ment shall be rendered upon such original order.

SEC. 17. Either party to said action, within sixty days Appea after 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 and rules of court governing chancery appeals. When the appeal 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.

SEC. 18. In all actions under this section the burden of Burder proof shall be upon the complainant to show by clear and proof. satisfactory evidence that the order of the commission complained of is unlawful or unreasonable, as the case may be.

statem

SEC. 19. Each person, copartnership or corporation with- Annua in this State, operating telephone lines and facilities, is here- what t by required to make on or before the first day of December tain. of each year, upon blanks to be furnished by the commission, a statement of the income of such person, conartnership or corporation, and the expenses for the preceding fiscal year, amount of stock and other securities issued, investment in exchanges, toll lines, real estate used in connection with such telephone business, and such other information as the commission may require, said statement to be verified by the oath of some person knowing the facts stated therein.

how ke

SEC. 20. The commission shall have the power and author- Record ity and it is hereby made its duty to prescribe the manner and the form of accounts, records and memoranda and the keeping of same, and it shall be the duty of all telephone companies within the State to keep accounts, books of accounts, records and memoranda in the manner and form prescribed by the said commission, and in no other manner and form: Provided, however, That no such regulation shall Provis be in duplication of or in addition to any regulations covering the same subject matter made by the government of the United States or any municipality of this State.

Rates, etc., schedule,

filing of, etc.

Penalty for violations.

Complaints pending, etc.

SEC. 21. Each person, copartnership, corporation or telephone company operating telephone lines and facilities within the State shall have on file and accessible to the public in the principal place of business of such person, copartnership or corporation, a schedule of rates, charges and tolls made, charged or collected by said person, copartnership or corporation for service rendered, furnished or performed, and for joint service rendered, furnished or performed, and at every exchange or toll station a schedule of rates, charges and tolls made, charged or collected by any such person, copartnership or corporation for service rendered, furnished or performed, and for joint service rendered, furnished or performed in connection with said exchange or toll station, and it shall be the duty of each person, copartnership or corporation, operating telephone lines or facilities within the State to file with the commission a copy of each such schedule. It shall be unlawful for any person, copartnership or corporation owning telephone lines, facilities, or transacting a telephone business within this State, to neglect or refuse to have such schedule on file, or to neglect or refuse to file a copy of the same with the commission, and it shall be unlawful for any person, copartnership or corporation operating telephone lines and facilities, and transacting a telephone business within the State, to make any other or different charge for service than that shown in such schedule.

SEC. 22. If any person, copartnership or corporation, operating telephone lines and facilities and conducting a telephone business within this State shall violate any of the provisions of this act, or shall thirty days after the establishing or fixing thereof, have failed, neglected or refused to observe any rate, charge, toll or order fixed or established by the commission, unless the enforcement of the same shall have been enjoined by a court of competent jurisdiction, or shall do or commit any other thing or act in this act declared to be unlawful, such telephone company shall forfeit and pay to the State of Michigan for the first offense not less than fifty dollars nor more than one thousand dollars, and for each subsequent offense shall pay not less than one hundred dollars nor more than two thousand dollars. Any penalty herein provided for shall be collected under the direction of the Attorney General in an action of assumpsit.

SEC. 23. All complaints made and now pending before the commission, and all investigations, examinations and proceedings undertaken, commenced or instituted by the commission, may be heard, conducted and continued to final determination, and all pending actions or proceedings brought by or against said commission may be prosecuted or defended in the same manner, under the same terms and conditions, and with the same effect as though conducted or continued under the provisions of act number one hundred thirty-eight of the public acts of nineteen hundred eleven.

SEC. 24.

The commission is hereby authorized and em- Examiners, powered to employ such clerks, inspectors, examiners and etc. experts as may be necessary to carry out and administer the provisions of this act.

dependent.

SEC. 25. Every provision of this act, every section and Sections inevery part of every section is hereby declared to be independent in so far as this relation shall be necessary to the validity of this act, and the fact that any provision, section, or part of any section is void shall not be held to invalidate any other portion of this act.

SEC. 26. The provisions of act number one hundred thirty- Act repealed. eight of the public acts of nineteen hundred eleven, and every other provision in conflict herewith, are hereby repealed. Approved May 7, 1913.

[No. 207.]

AN ACT to prevent fraud and deception in the sale of Michigan grown fresh fruits and vegetables, and to provide penalties for violations of this act.

The People of the State of Michigan enact:

SECTION 1. In this act, unless the contents otherwise re- "Closed package, quires, the term "closed package" shall be construed to mean how colla barrel, box, basket, carrier or crate, of which all the con- strued. tents cannot readily be seen or inspected when such package is prepared for market. Fresh fruits or vegetables in baskets or boxes, packed in closed or open crates, and packages covered with burlap, tarlatan or slat covers shall come within the meaning of the term "closed package." None of the provisions of this act shall apply to other than Michigan grown fruits and vegetables.

SEC. 2. Every person who, by himself or by his agent or How marked. employe, packs or repacks fresh fruits or vegetables in closed packages intended for sale in the open market, shall cause the same to be marked in a plain and indelible manner, follows:

as

First, With his full name and address, including the name of the state where such fresh fruits and vegetables are packed, before such fresh fruits or vegetables are removed from the premises of the packer or dealer;

Second, The name and address of such packer or dealer shall be printed or stamped on said closed packages in letters not less than one-quarter inch in height.

when unlaw

SEC. 3. No person shall sell or offer, expose or have in his Sale, etc.. possession for sale, in the open market, any fresh fruits or ful vegetables packed in a closed package and intended for sale, unless such package is marked as is required by this act.

When marked "fancy", etc.

False representation.

Misdemeanor, penalty.

SEC. 4. No person shall sell or offer, expose or have in his possession for sale, any fresh fruits or vegetables packed in a closed or open package, upon which package is marked any designation which represents such fruit as "No. 1," "Finest," "Best." "Extra Good," "Fancy," "Selected," "Prime," "Standard," or other superior grade or quality, unless such fruit or vegetables consist of well grown specimens, sound, of nearly uniform size, normal shape, good color, for the variety, and not less than ninety per cent free from injurious or disfiguring bruises, diseases, insect injuries or other defects, natural deterioration and decay in transit or storage excepted. SEC. 5. No person shall sell or offer, expose or have in his possession for sale, any fresh fruits or vegetables packed in any package in which the faced or shown surface gives a false representation of the contents of such package, and it shall be considered a false representation when more than twenty per cent of such fresh fruits or vegetables are substantially smaller in size than or inferior in grade to, or different in variety from, the faced or shown surface of such package, natural deterioration and decay in transit or storage excepted.

SEC. 6. Every person who, by himself, his agent or employe, knowingly violates any of the provisions of this act shall, for each such offense, be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding ten dollars, or by imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court. Approved May 7, 1913.

Cut-over, etc.,

from taxation.

[No. 208.]

AN ACT to exempt certain cut-over and wild lands from taxation in certain cases.

The People of the State of Michigan enact:

SECTION 1. Hereafter any cut-over or wild lands, as defined lands exempt herein, which shall be actually purchased by any person for the purpose of making a home, shall be exempt from the payment of all taxes for a period of five years thereafter. Cut-over and wild lands shall be construed to mean any swamp land or land from which timber has been removed and no part of which description claimed to be exempted has ever been cultivated. The exemption herein provided for shall not be operative in any case, unless the purchaser, either upon contract or otherwise, actually resides upon and improves at least two acres thereof each and every year of the

said five years in a manner to subject the same to cultivation : Provided, That the exemption herein provided for shall not Proviso. extend to more than eighty acres purchased by any one per

son.

for exemption.

SEC. 2. Any person claiming exemption under this act Application shall make application to the supervisor for exemption at the time assessment of the township is made, and the supervisor shall enter the person's name upon the assessment roll and the description of the land the same as though taxes were to be spread upon the land, and refer the application to the board of review of the township, who shall if the conditions entitling exemption have been complied with, order to be written after the description "Exempt under the cut-over and wild land act, first year," and each subsequent year thereafter if the conditions have been complied with, but using second year, third year, fourth year, fifth year successively, after which the land shall no longer be exempt under this act.

Approved May 7, 1913.

[No. 209.]

AN ACT to amend section eight of act number two hundred fifty-four of the Public Acts of nineteen hundred five, entitled "An act to establish a State Sanatorium in some suitable locality in Michigan, for the care and treatment of persons having tuberculosis, and making appropriations therefor, and to provide a tax to meet the same."

The People of the State of Michigan enact:

SECTION 1. Section eight of act number two hundred fifty- Section four of the Public Acts of nineteen hundred five, entitled "An amended. act to establish a State Sanatorium in some suitable locality in Michigan, for the care and treatment of persons having tuberculosis, and making appropriations therefor, and to provide a tax to meet the same," is hereby amended to read as follows:

SEC. 8. The board of trustees shall from time to time de- Officers, etc., termine the salaries and allowances of the officers, assistants salaries, etc. and employes of said sanatorium: Provided, That the salary Proviso, limit. of said medical superintendent shall not exceed the sum of two thousand five hundred dollars annually.

Approved May 7, 1913.