CHAPTER 159. [S. B. No. 325—Allen.] NATIONAL GUARD-FIXING TERMS OF COMMISSIONED OFFICERS AND TERMS OF ENLISTED MEN. An Act Providing for the Organization of the National Guard of North Dakota and Fixing the Terms of Commissioned Officers and Terms of Enlisted Men of the National Guard and Repealing Acts in Conflict Therewith. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. ORGANIZATIONS.] The National Guard of the State of North Dakota shall consist of such regiments, corps or other units as the Governor of the State may from time to time authorize to be formed. All such organizations to be organized in accordance with the laws governing the regular army and the regulations issued by the Secretary of War. § 2. COMMISSIONED OFFICERS.] All officers now holding commissions, except the Adjutant General, and all staff officers of the pay, inspection, subsistence and medical departments hereinafter appointed shall have had previous military experience, and shall hold their positions until they have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability or for cause to be determined by a court martial legally convened for that purpose and pursuant to the judgment of said court martial and that all vacancies among said officers shall be filled by appointment from the officers of the militia of this state. § 3. ENLISTED MEN.] The terms of all enlisted men of the National Guard of this State shall be as now fixed by law, provided, however, that the Governor may by regulation, require that the enlistments shall be for such number of years not to exceed six years, as may be necessary to conform with the regulations of the war department. The first three years of such enlistment under regulations being enlistment in active organizations and the last three years in the National Guard reserve. All enlisted men shall have the privilege of continuing in active service during their whole enlistment, and of re-enlisting. The qualifications for enlistment shall be the same as those prescribed by law or regulations by the regular army. 4. REPEAL.] All Acts, or parts of Acts in conflict with the provisions of this Act are hereby repealed. § 5. EMERGENCY.] Whereas this act is hereby declared necessary for the immediate preservation of the public peace, health and safety, therefore it shall take effect and be in force from and after its passage and approval. Approved March 17, 1917. NUISANCE CHAPTER 160.. [S. B. No. 200-Rowe.] PUBLIC NUISANCE. An Act to Amend and Re-enact Section 7235 of the Compiled Laws of North Dakota for the year 1913, Relating to Public Nuisance; Remedies Against. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] That Section 7235 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and re-enacted to read as follows: § 7235. REMEDIES AGAINST.] The remedies against a public nuisance are: 3. Bringing a criminal action before a Justice of the Peace, who shall have authority to bind the defendant over to the District Court. 4. A civil action; or 5. Abatement. Approved March 8, 1917. OIL INSPECTION CHAPTER 161. [H. B. No. 42-Quam.] FOOD COMMISSIONER EX-OFFICIO STATE OIL INSPECTOR. An Act to Amend and Re-enact Section 1 of Chapter 188 of the Session Laws of North Dakota for the year 1915, Making the State Food Commissioner Ex-Officio State Inspector of Oils, and Providing for the Appointment of Deputies and their Salaries. Be it Enacted by the Legislative Assembly of the State of North Dakota: That Section 1 of Chapter 188 of the Laws of North Dakota for 1915 be and the same is hereby amended and re-enacted to read as follows: § 1. AMENDMENT.] The food commissioner stationed at the Agricultural College at Fargo shall be and is hereby made ex-officio state inspector of oils, and shall perform all the duties thereof, as now prescribed by law, without further or additional compensation. The said commissioner shall appoint a deputy state inspector of oils, and shall appoint a deputy inspector for each of the points designated as ports of entry, as hereinafter provided. Said commissioner and his deputies shall have the right, and it shall be their duty, to enter into or upon the premises of any manufacturer, dealer or vendor of refined petroleum oils or gasoline at any time, for the inspection of such oils or gasoline, or other petroleum products; and to inspect any books or papers of such manufacturers, dealers or transportation companies, pertaining to the shipment or sale of such oils or gasolines, and all receptacles in which such oils or gasolines are or may be contained. The said deputy state inspector of oils shall receive an annual salary of two thousand dollars payable monthly, and all other deputies shall receive salaries payable monthly unless otherwise ordered by said commissioners, as follows: At ports of entry where the total number of barrels inspected is in excess of 8,000 per annum, the salary shall be fifty dollars per month. At ports of entry where the total number of barrels inspected is in excess of 15,000 per annum the salary shall be seventy-five dollars per month. At all ports of entry where the total number of barrels inspected is in excess of 25,000 per annum, the salary of deputy oil inspectors shall be one hundred dollars per month; provided, that the salaries of the deputy oil inspectors at the designated points of entry shall be based upon the last annual report of the state oil inspector as to the number of barrels of oil inspected. All other deputies shall receive such salary, of not less than ten dollars nor more than thirty dollars, per month, as in the judgment of the food commissioner is deemed just compensation for services performed. The commissioner as state inspector of oils ex-officio, shall make and file with the state auditor on or before the fifth day of each month, a monthly statement under oath, of all inspections made by himself and his deputies under the provisions of this article. § 2. REPEAL.] All acts and parts of acts in conflict with the provisions of this act, are hereby repealed. § 3. EMERGENCY.] Whereas an emergency exists, in that provision is not made for the food commissioner to act as state inspector of oils ex-officio, therefore this act shall take effect and be in force from and after its passage and approval. Approved March 10, 1917. CHAPTER 162. [S. B. No. 37-Kretschmar.] OIL INSPECTION FEES. An Act to Amend and Re-enact Section 13 of Chapter 188 of the Session Laws of North Dakota for the year 1915. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] That Section 13 of Chapter 188 of the Session Laws of North Dakota for the year 1915 be and the same is hereby amended to read as follows: § 13. INSPECTION FEES.] Each and every Inspector and Deputy Inspector who shall inspect any consignment of illuminating oils or gasoline or petrolum products of less than one hundred (100) degrees Fahrenheit, flash test, as provided in this Article, shall charge the consignor or consignee of such goods the sum of three (3) cents for testing a barrel or less quantity. Fifty gallons shall constitute a barrel. Every such Inspector or Deputy Inspector, shall keep an accurate record of all such goods inspected, rejected, branded or certified to by him, which record shall state the date of such inspection, the number of packages, barrels, casks, or tanks approved, the number rejected, the name of the person for whom inspected, the name of the person to whom consigned, with his address, the sum of money charged for such inspection, and such records shall be open to all persons interested. The State Inspector of Oils shall, in the month of January, in each year, make and deliver to the Governor a report of his acts, and those of his deputies, during the year preceding, together with remarks and suggestions for the benefit of the service, which shall include a copy and summary of the report submitted by said deputies as provided for in this section. Approved February 14, 1917. PEDDLERS CHAPTER 163. [H. B. No. 248-Weld of Wells.] TRANSIENT MERCHANTS AND PEDDLERS. An Act to Amend Section 3036 of the Compiled Laws of North Dakota for 1913, Relating to Transient Merchants and Peddlers. Be it Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.] Section 3036 of the Compiled Laws of North Dakota for 1913, is hereby amended to read as follows: § 3036. TRANSIENT MERCHANT DEFINED. FEE.] A transient merchant within the meaning of this Act is defined as one who engages in the vending or sale of merchandise at any place temporarily, and who does not intend to become and does not become a permanent merchant of such place, provided that the word merchandise as used herein shall not be construed to mean any agricultural product. No person shall engage in or follow the business or occupation of a transient merchant as herein before defined at any place in this state, without first obtaining a license authorizing him to do so. Any person desiring a license as a transient merchant shall before receiving the same pay into the state treasury the sum of seventy-five dollars and he shall in addition to such amount, after receiving such license, also pay to the treasurer of any city or village where he may be conducting his business, a sum not to exceed twenty-five dollars per day for each day that he may be engaged in carrying on his business, such amount to be determined by ordinance or resolution of such city or village; provided, further, that if complaint be made to the mayor of any city or president of any village that any person doing business therein is a transient merchant, and that such person may claim to be a permanent merchant, he may be required as a condition of transacting business in any such city or village, without the payment of a license fee to such city or village, to give bond to such city or village, or secure the payment of the state and local license, in the event that he fails to become a permanent merchant, under the terms of this Act, in a penal sum not to exceed five hundred dollars to be determined by resolution or ordinance of such city or village, with sureties to be approved by the auditor or clerk of the municipality and which bond shall be enforced in case of breach thereof by the proper local officers of the city or village and upon its collection the amount of state license shall be paid to the state treasurer and the remainder shall be paid into the treasury of the city or village and become a part of the license fund. The application for a license as a transient merchant shall be made in writing to the secretary of state upon the blank to be furnished by him, and upon the filing of such application with the secretary of state, and the presentation to him of a receipt from the state treasurer showing the payment of the license fee herein before provided for, the secretary of state shall issue such applicant a license for the period of one year from the date of its issue and no longer. § 2. REPEAL.] All Acts or parts of Acts in conflict with this Act are hereby repealed. Approved March 10, 1917. |