[No. 145.] AN ACT to provide for the gathering of spawn in the Great Lakes bordering upon this State, by the United States Bureau of Fisheries, and to provide a penalty for the unauthorized use or imitation of ensigns and markers used by the United States Bureau of Fisheries in taking such spawn; and to repeal section six of act number eighty-eight of the public acts of eighteen hundred ninety-nine. The People of the State of Michigan enact: spawn. SECTION 1. It shall be lawful for the United States Bureau Lawful to catch of Fisheries, through its duly authorized agents, representa- fish culture, etc. for purpose of tives or employes, to catch fish in any manner and in any of the waters of this State during any and all seasons of the year for the purpose of fish culture and scientific investigations; to To have, etc., have and to hold ripe and unripe fish in order to take spawn for hatching therefrom, and to sell all such ripe and unripe fish as are of legal size, and devote the proceeds of such sales exclusively towards the defraying of the expenses incurred in catching such fish, and the work of collecting and hatching such spawn by the United States Bureau of Fisheries in the State of Michigan: Provided, That the State Game and Fish Warden or Proviso. other proper officer shall be duly notified of the time and place of such fishing: And provided further, That at least seventy- Further five per cent of the fry resulting from the spawn so taken proviso. shall be planted in the waters of this State: And provided Further further, That the State Board of Fish Commissioners shall receive an annual report of the operations under this act. proviso. carry ensigns SEC. 2. All boats, buoys, nets and appliances for catching Boats, etc., to fish, as herein provided, shall carry such ensigns and markers and markers. as shall distinctly show that they are being used by the United States Bureau of Fisheries. It shall be unlawful to have in Possession of, when unlawful. possession or use such ensigns and markers or imitations thereupon any boat, buoy, net or fishing appliance except when in use by the United States Bureau of Fisheries; and the person or corporation which shall violate this provision shall be deemed to be guilty of a misdemeanor, and upon conviction Misdemeanor, thereof shall be punished by a fine of not less than one hundred Penalty. dollars nor more than five hundred dollars, or by imprisonment in the Detroit house of correction for a period of not more than one year, or by both such fine and imprisonment in what deemed. the discretion of the court. Any fine imposed upon a corpora- Suit to recover tion under this act may be recovered of said corporation by a fine, etc. suit in the circuit court for the proper county, and any recovery shall carry with it full costs of suit. SEC. 3. Section six of act number eighty-eight of the public Section acts of eighteen hundred ninety-nine, being an added section repealed. to act number one hundred fifty-one of the public acts of eighteen hundred ninety-seven, entitled "An act to regulate the catching of fish in the waters of this State by the use of pound or trap nets, gill nets, seines and other apparatus," is hereby repealed. Approved May 25, 1905. State highway department established, duties, etc. State highway commissioner, when appointed, term, etc. [No. 146.] AN ACT to create and establish a State Highway Department by the appointment of a State Highway Commissioner and assistants, and defining the powers and duties of the office, and to provide for a system of state, co-operation with townships and counties in the improvement of the public wagon roads, and to make an appropriation therefor for the fiscal years ending June thirty, nineteen hundred six, and June thirty, nineteen hundred seven, and to provide a tax to meet the same. The People of the State of Michigan enact: SECTION 1. That there is hereby created and established a State Highway Department, which shall be charged with the giving of instruction in the art of building, improving and repairing public wagon roads and bridges, collecting reports from township and county highway commissioners, overseers of highways and superintendents and commissioners of streets in villages and cities, and with the distribution of any State reward for improving the public wagon roads, that this legislature or any future session may provide for, or any funds that may be given to the State for such purpose by the United States government. SEC. 2. The chief officer of said department shall be denominated the State Highway Commissioner. He shall be a citizen of this State, and shall have his office at the seat of government, and personally superintend the duties thereof. He shall be appointed within fifteen days from the time that this act takes effect, by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of four years from July first, nineteen hundred five, and until his successor is duly appointed and qualified; he shall receive an annual salary of twenty-five hundred dollars, Deputy, to take to be paid monthly. He may appoint a deputy, who shall be a competent civil engineer, with the approbation of the Governor, and may revoke such appointment at pleasure. Such deputy shall take and subscribe the oath prescribed by the constitution, and whenever the commissioner shall, by reason of sickness, absence or other cause, be disabled from executing the duties of his office, his deputy duly appointed shall execute the duties thereof until such disability or cause oath, duties, etc. paid. expenses. Vacancy. of commissioner. be removed, or until a commissioner shall be appointed; and such deputy shall receive an annual salary of eighteen hun- Salary. dred dollars, to be paid monthly. The commissioner may em- Employes. ploy such other clerks or employes as may be necessary to perform the duties incumbent upon the department, who shall be paid monthly. The salaries of the commissioner, deputy Salaries, how commissioner and others employed by authority of this act shall be approved by the Board of State Auditors, and paid upon the warrant of the Auditor General: Provided, That in Proviso, as to no case, however, shall the running expenses of the department, including the salaries of the commissioner, and deputy commissioner, and all others employed by the authority of this act, exceed the sum of ten thousand dollars in any one year. Whenever a vacancy shall occur in said office of commissioner, by reason of death, removal or otherwise, the Governor shall fill such vacancy by appointment, by and with the advice and consent of the Senate, if in session. The com- Oath and bond missioner shall within fifteen days from the time of notice of his appointment, take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the Secretary of State, and the said commissioner shall give to the people of the State of Michigan, a bond in the penal sum of five thousand dollars, with sureties to be approved by the Auditor General, conditioned for the faithful discharge. of the duties of his office. The commissioner shall make a Biennial report, what to contain, biennial report to the Governor, to be by him transmitted to etc. the legislature at each biennial session thereof. Such reports shall contain the names and compensation of each and every person that may be or has been employed by the department and the whole amount of expenses by the department during the interim not previously reported; such report shall be made on or before the first day of February, nineteen hundred seven, and every two years thereafter, and the commissioner shall have printed a sufficient number of these reports to provide every township overseer of highways in townships under the cash tax system, every township highway commissioner, county highway commissioner and superintendent or commissioner of streets in the State with one, and enough more to satisfy the demand that the public weal may warrant. when held, who to attend, etc. SEC. 3. The township overseers of highways of townships Road institute, under the cash tax township system and highway commissioners of the several townships in each and every county in the State, and the county highway commissioners in counties working under the county road law, shall meet annually in a road institute, at such time and place in each county as the State Highway Commissioner may designate, there to consider such matters as he may present to their attention, and to discuss such matters of road improvement as may be of special interest to such overseers of highways, township and county highway commissioners and every overseer and town penses. Per diem and ex- ship highway commissioner may charge to his township the same per diem for this day as one in actual road work, together with his actual expenses for the day, which shall, if reasonable, be allowed by the township board of the township of which he is overseer or commissioner, and every county highway commissioner may charge to his county the same per diem for this day as one in actual road work, together with his actual expenses for the day, which shall, if reasonable, be allowed by the board, or committee, or county auditors who may have the authority in such matters in the county of which he is a county highway commissioner. When overseers, commissioners, etc., to report, what to contain. Penalty for not making report. prosecuted. When State give advice, etc. SEC. 4. At the request of the State Highway Commissioner, every road district overseer of highways, every township overseer of highways, every township highway commissioner, every county highway commissioner, and every village or city superintendent or commissioner of streets, shall make a sworn report to the State Highway Commissioner, on or before December first each year, answering such questions as the State Highway Commissioner shall deem proper to ask and they able to answer, giving him such information as he may require and their ability permit, appertaining to roads, streets, methods of construction, material, machinery and costs upon blanks which he may furnish and send out. SEC. 5. Any road district overseer of highways, or township overseer of highways, or township highway commissioner, or county highway commissioner, or village or city superintendent or commissioner of streets, who shall refuse or neglect to make such report at time stated or within thirty days thereafter, when requested to by the State Highway Commissioner, or who shall, in whole or in part, refuse or neglect to make such report at time stated or within thirty days thereafter, or who shall make a report which shall be in whole or in part false, shall be guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, be fined in any sum of not less than ten dollars and costs, and not exceeding one hundred dollars and costs, or be confined in jail not less than ten days, nor more than thirty days, for each and every offense at the discretion of the court. Violations of the provisions of this act may be prosecuted in the name of the people of the State of Michigan, and it shall be the duty of the prosecuting attorney of each county to prosecute for any violation of the provisions contained in sections four and five of this act. SEC. 6. It shall be the duty of the State Highway Commissioner to furnish outline plans and specifications for the improvement of public wagon roads, and, when requested to, and where proposed improvements are of sufficient importance to warrant, he shall go or send some one, to give expert advice of how to best build or improve public roads or bridges. He shall also gather all the information possible about all kinds of road building material in the State, its relative value, cost, and also cost of transportation to other places in the State, and to give this information upon request to any road or street official in the State free of charge to them. SEC. 7. The terms, roads or public roads or public wagon "Roads," etc., roads in this act, shall, at all, times be construed to mean, how construed. the leading public wagon roads outside of incorporated villages and cities. missioner to maps, etc. SEC. 8. The State Highway Commissioner shall keep a State comcomplete record of the doings of the State Highway Depart keep records, ment, which record shall be the property of the State, and make township shall as soon as possible make a map of every township in the State showing the roads and the conditions of the roads, together with marks indicating where road building material can be found, and what kind and what quality. Highway De state reward. SEC. 9. Whenever any township shall file notice with the Notice to State State Highway Department, through its township board, or partment for if under the township system, the township commissioners or allotment of overseers of highways, or when any county commissioners in counties under the county road law shall do likewise, notifying the department that the township (or townships acting conjointly on boundary line roads), or county (or counties acting conjointly on boundary line roads), that they have made arrangements to improve a mile or more of public wagon road by building a clay-gravel, a gravel, a stone-gravel, a gravel-stone or a macadam road, and ask for an allotment of State reward, and shall file with the department a profile of the road to be improved made out by a competent surveyor, and make application for outline plans and general specifications; it shall be the duty of the State Highway Commissioner Duty of State to enter such application in the order that it is received, and to furnish the outline plans and general specifications asked for, and provided there are any funds in the State treasury not yet allotted, appropriated for State reward for roads he shall make the allotment, and when any township (or townships acting conjointly on boundary line roads), or any county (or counties acting conjointly on boundary line roads) have built a mile or more of such road as is hereinafter described, and when inspected by the State Highway Commissioner ist found to be up to the required standard, he shall verify the same to the Auditor General of the State, who shall draw a warrant upon the State Treasurer, payable to the proper authorities in such township or county, or townships or counties for the amount of reward due them, for the amount of and class of road built. commissioner. SEC. 10. The following described roads, when built, shall Roads meriting merit the reward attached to each description: rewards. $250 per mile (a) For every mile of well graded road on which the Roads meriting steepest incline shall not exceed six per cent and the width of state reward. of which shall not be less than eighteen feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide made in two courses; the bottom course to be of an approved mixture of clay and sand not less than five inches thick after |