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of them are present in quantity exceeding a total of two per cent of the weight of said agricultural seeds, the approximate percentage of each shall be plainly indicated in statement specified in section one (1) of this act.

SEC. 12. Other impurities. Sand, dirt, chaff and foreign substances and seeds other than those specified in sections thirteen (13) and fourteen (14), or broken seed and seed not capable of germinating, shall be considered impurities when present in agricultural seeds sold, offered or exposed for sale in this state for the purpose of seeding, and when such impurities, or any of them, are present in quantity exceeding the standards of purity and viability authorized in section sixteen (16) of this act, the name and approximate percentage of each shall be plainly indicated in the statement specified in section one (1) of this act.

SEC. 13. Mixed or adulterated seeds. For the purposes of this act seeds shall be deemed to be mixed or adulterated:

First. When orchard grass (Dactylis glomerata) seed contains ten per cent or more by weight of meadow fescue (Festuca elatior pratensis) seed, or Italian rye grass (Lolium italicum) seed, or English rye grass (Lolium perenne) seed.

Second. When blue grass or Kentucky blue grass (Poa pratensis) seed contains five per cent or more by weight of Canadian blue grass (Poa compressa) seed, red top chaff, red top (Agrostis alba) seed, or any other seed or foreign substance.

Third. When red clover (Trifolium pratense), mammoth red clover (Trifolium pratense var), or alfalfa (Medicago sativa), contains five per cent or more by weight of yellow trefoil (Medicago lupulina), or sweet clover (Melilotus alba and M. officinalsis) seed or burr clover (Medicago denticulata) seed.

Fourth. When rape (Brassica rapa) contains five per cent or more of common mustard (Brassica Sinapistrum) or black mustard (B. nigra).

SEC. 14. Misbranded seed. For the purpose of this act, seed shall be deemed to be misbranded:

First. When meadow fescue (Festuca elatior pratensis), English rye grass (Lolium perenne) or Italian rye grass (Lolium italicum) is labeled or sold under the name of orchard grass (Dactylis glomerata) seed.

Second. When Canadian blue grass (Poa compressa) seed, red top (Agrostis alba) seed, or any other seed not blue grass seed, is sold under the name of Kentucky blue grass or blue grass (Poa pratensis) seed.

Third. When yellow trefoil (Medicago lupulina), burr clover (Medicago denticulata), or sweet clover (Melilotus alba) is sold under the name of clover, June clover, red clover (Trifolium pratense), medium red clover, small red clover, mammoth red clover, sappling clover, peavine clover (T. pratense var) or alfalfa (Medicago sativa) seed.

Fourth. When the seeds are not true to the name under which they are sold.

SEC. 15. Exemptions. The provisions concerning agricultural seeds contained in this act shall not apply to:

First. Any person or persons growing or selling seeds for food purposes only, or having such seeds in possession for sale for such purposes.

Second. Any person selling seeds direct to merchants, to be cleaned or graded before being offered for sale for the purpose of seeding. This shall not, however, exempt the seller from the restrictions of section ten (10) of this act.

Third. Seed that is held in storage for the purpose of being recleaned, and which has not been offered, exposed or held in possession of or for sale for the purpose of seeding.

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Fourth. Seed marked "not absolutely clean," and held or sold for export outside the state only.

Fifth. The sale of seed that is grown, sold and delivered by any farmer on his own premises for seeding by the purchaser himself, unless the purchaser of said seeds obtains from the seller at the time of the sale thereof a certificate that the said seed is supplied to the purchaser subject to the provisions of this act.

Sixth. Mixtures of seeds for lawn or pasture purposes. This shall not, however, exempt the seller of such mixtures of seeds from the restrictions of sections ten (10) and eleven (11) of this act.

SEC. 16. Standards of purity. The following standards of purity (meaning freedom from weed seeds or other seeds) and viability are hereby fixed:

SEC. 17. Enforcement. It is hereby made the duty of the state food and dairy commissioner to enforce the provisions of this act. The inspectors, assistants and chemists appointed by the state food and dairy commissioner shall perform the same duties and have the same authority under this act as are prescribed by chapter one hundred and sixty-six (166), laws of the Thirty-first General Assembly, and the said state food and dairy commissioner may appoint, with the approval of the executive council, such analysts and chemists as may be necessary to carry out the provisions of this act.

SEC. 18. Penalty. Whoever sells, offers or exposes for sale any of the seeds specified in sections thirteen (13) and fourteen (14) of this act which are mixed, adulterated or misbranded, or any agricultural seeds which do not comply with sections ten (10) eleven (11) and twelve (12) of this act, or who shall counterfeit or use a counterfeit of any of the tags prescribed by this act; or who shall prevent or attempt to prevent any inspector in the

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discharge of his duty from collecting samples; or who shall violate any of the provisions of this act shall be guilty of a misdemanor, and upon conviction, shall be fined not more than one hundred dollars and costs of prosecution. Provided, that no one shall be convicted for violation of the provisions of section ten (10) of this act if he is able to show that the weed seeds named in section ten (10), are present in quantities not more than one in ten thousand, and that due diligence has been used to find and remove said seeds.

SEC. 19. Appropriation-fees paid into state treasury. There is hereby appropriated, for the purpose of enforcing the provisions of this act, a sum not exceeding three thousand ($3000) dollars annually. Such expense shall be paid by warrant of the state auditor upon bills filed by the state food and dairy commissioner with the executive council and approved by them. All fees collected under the provisions of this act shall be paid into the state treasury.

Approved April 6, A. D. 1907.

CHAPTER 190.

LABELS ON BALLS OF BINDER TWINE.

S. F. 230.

AN ACT to require a stamp or label on every ball of binder twine sold, exposed or of fered for sale within this state and providing a penalty for the violation thereof. [Additional to chapter thirteen (13) of title twenty-four (XXIV) of the code, relating to cheating by false pretenses, gross frauds and conspiracy.]

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

SECTION 1. Label required. No binder twine shall be sold, exposed or offered for sale within this state, except the same bears upon each ball a stamp or label truly stating the name of the manufacturer or importer and the number of feet to the pound in such ball: Provided that a deficiency not exceeding five per cent in length stated on the stamp or label shall not be a violation hereof.

SEC. 2. Penalty. Any person, firm or corporation who violates the provisions of section one hereof shall be guilty of a misdemeanor and shall be punished by a fine not exceding one hundred dollars ($100).

SEC. 3. What exempt-burden of proof. All binder twine purchased or received by wholesale or retail dealers of this state prior to September first, nineteen hundred and seven (1907), shall be exempt from the provisions of this act until November first nineteen hundred and eight; but the burden of proof that such twine was so purchased or received shall rest on said dealers.

Approved April 4, A. D. 1907.

CHAPTER 191.

NUMBER OF GUARDS IN THE STATE PENITENTIARIES.

S. F. 339.

AN ACT to amend section five thousand six hundred sixty-three (5663) of the code as it appears in the section of said number in the supplement to the code, relative to the number of guards in the state penitentiaries.

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

SECTION 1. Guards-minimum number. That section five thousand six hundred sixty-three (5663) of the code as it appears in the section of said number

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in the supplement to the code is hereby amended by striking from the last two lines thereof the words "thirteen guards at Ft. Madison" and inserting in lieu thereof the following: "forty-five guards at Ft. Madison and fortytwo guards at Anamosa".

Approved April 13, A. D. 1907.

CHAPTER 192.

INDETERMINATE SENTENCES AND REFORMATORY.

S. F. 30.

AN ACT to revise the law relating to the sentence and commitment of persons convicted of crime, and providing for a system of reform and parole and to create the necessary officers therefor, defining their powers and duties, and to fix their compensation, and appropriating the money necessary to carry the same into effect, and to repeal all acts and parts of acts in conflict therewith. [Additional to chapter two (2) of title twenty-six (XXVI) of the code, relating to penitentiaries.]

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

SECTION 1. "The reformatory." Hereafter the penitentiary at Anamosa shall be officially known and designated as "The Reformatory, and shall be the reformatory department of the state penitentiary of Iowa.

SEC. 2. Commitments. Any male person who shall be committed to the penitentiary after the 4th day of July, 1907, (except those convicted of murder, treason, sodomy or incest), and who at the time of commitment is between the ages of sixteen and thirty years, and who has never before been convicted of a felony, shall be confined in the reformatory; provided, however, that persons between the ages of sixteen and thirty years convicted of rape, robbery, or of breaking and entering a dwelling house in the night time with intent to commit a public offense therein, may, as the particular circumstances may warrant, in the discretion of the court, be committed to either the reformatory at Anamosa, or the penitentiary at Fort Madison.

SEC. 3. Insane department. The criminal insane shall continue to be confined in the insane department at Anamosa, as provided in section fiftyseven hundred and nine of the code.

SEC. 4. Transfer of prisoners for violation of rules, insubordination, etc. Any male prisoner confined in the reformatory may be transferred to the penitentiary at Fort Madison, upon order of the board of control, for violation of the rules of the reformatory or for insubordination and a like transfer may be ordered by said board whenever it shall be of the opinion that a prisoner is not a hopeful subject for reformatory treatment.

SEC. 42. Transfer of prisoners over age limit-former convictions. If it shall appear at any time after conviction and incarceration in the reformatory that a prisoner was over thirty years of age at the time of commitment, he shall be at once transferred to the prison at Fort Madison, and he shall likewise be transferred if it shall appear that he had, prior to the last conviction, been convicted of a felony in Iowa or elsewhere.

SEC. 5. What prisoners retained in reformatory-transfer of life prisoners. The board of control may retain in the reformatory such persons as have been or are committed to the penitentiary at Anamosa for crimes committed on or prior to July 4th, 1907, except that all persons convicted of murder in the first degree and all persons sentenced to life imprisonment shall be kept and confined in the prison at Fort Madison and a transfer shall be made as soon as reasonably convenient after July 4th, 1907, from the reformatory to

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the prison at Fort Madison of the persons named in this exception, provided that prisoners committed for life who are now beyond fifty-five years of age shall not be removed.

SEC. 6. Transfer when Fort Madison penitentiary is overcrowded. Whenever there is unoccupied room in the reformatory and the prison at Fort Madison is over-crowded, the board of control may, in its discretion, transfer from the prison at Fort Madison well-behaved and most promising convicts, who are confined for their first offense. The prison at Fort Madison shall be deemed to be overcrowded when the number of inmates exceeds the number of cells.

SEC. 7. Employment of inmates. The inmates of the reformatory shall be employed only on state account, which employment shall be conducive to the teaching of useful trades and callings so far as practicable, and the intellectual and moral development of the inmates, provided, however, that the inmates of the reformatory may be employed to complete any contracts for prison labor to be performed in the penitentiary at Anamosa.

SEC. 8. Registers and records. The board of control shall cause to be kept at the reformatory and penitentiary such registers and records of prisoners for the use of the board of parole as may be approved by the execu tive council.

SEC. 9. Indeterminate sentences. After July 4th, 1907, whenever any person over sixteen years of age is convicted of a felony, committed subsequent to July 4th, 1907, except treason or murder, the court imposing a sentence of confinement in the penitentiary shall not fix the limit or duration of the same, but the term of such imprisonment shall not exceed the maximum term provided by law for the crime of which the prisoner was convicted; provided that if a person be sentenced for two or more separate offenses and the second or further term is ordered to begin at the expiration of the first and such succeeding term of sentence is specified in the order of commitment, the several terms shall for the purpose of this act be construed as one continuous term of imprisonment; and provided, that where one is convicted of a felony that is punishable by imprisonment in the penitentiary, or by fine, or by imprisonment in the county jail, or both, the court may impose the lighter sentence if it shall so elect.

SEC. 10. Board of parole-terms-office-supplies-compensation-secretary-salary-duties-employes. Prior to the adjournment of the Thirty-second General Assembly, the governor, with the advice and consent of the senate, shall appoint three electors of the state, not more than two of whom shall belong to the same political party, and one member of whom shall be a duly licensed attorney at law, as members of board to be known as a board of parole. Said members shall hold office, as designated by the governor, for two, four and six years respectively; subsequent appointments shall be made as provided above, and shall be for a term of six years, except appointments to fill vacancies, which shall be for the unexpired term. The terms of the members first appointed shall commence July 1, 1907, and the chairman of the board shall be the member whose term first expires. Appointments made when the general assembly is not in session shall be subject to the approval of the senate when next in session. A suitable office at the capitol shall be provided for the use of the board, with such furniture and office supplies as shall be reasonably necessary for the use of the same, and such board shall hold at least four sessions each calendar year. They shall receive as compensation ten dollars ($10) per day for the time actually spent in discharge of the duties of this office, not to exceed one thousand dollars ($1000) each per annum, and all necessary expenses while on official business. The board of parole shall employ a competent secretary who shall