such persons so employed shall be qualified and experienced for the purpose, and shall give bond for the faithful performance of their respective duties in form and amount as fixed by the board of county commissioners or common council.

5917n1. Conflict of law.-14. If the memorial to be erected or established be a kind for which especial provision is made by the law of the state, then the procedure with reference to erection, establishment, maintenance, control and management, prescribed by such laws shall be followed instead of that prescribed by this act.

[Acts 1921, p. 842. In force March 11, 1921.]

591701. Use of memorial, hall, coliseum or building.-15. If the memorial established shall be a hall, coliseum, or building of such a nature, the same shall be used for public purposes of all kinds, but especially shall it be for the purpose of perpetuating and keeping those principles alive for which the war was fought. Places shall be provided for memorial tablets, works of art, relics, souvenirs, war records, and any and all things connected with or growing out of the war, which in the opinion of the board of trustees shall appropriately belong in such a building. Institutes, exhibits, shows, and entertainments of all kinds may be held in such building, in the discretion of the board of trustees, and said trustees may let said building for hire, and fix a charge therefor. No preference shall be shown to any church, political party or class of society, but this provision shall not be construed to require or permit the use of said. building by any organization, or persons, to promulgate doctrines inimical to the government of the United States or the State of Indiana: Provided, That no such memorial shall be located, in whole or in part, upon any lands, or within or connected with or used in connection with any enclosure or other structure to which an admission fee is charged or which is used or controlled by any person, persons or organization other than the trustees in charge of such memorial.

This section amends section 15, Acts 1919, p. 562.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1919, p. 562. In force May 15, 1919.] 5917p1. Annual reports of trustees.-16. Said trustees shall make annual reports, under oath, to the board of county commissioners or common council of their doings, and of the receipts and expenditures of such memorial, if any there be, and each year shall prepare a budget and estimate for the board of commissioners and county council or common council so that adequate appropriation of funds may

be made for the proper maintenance, repair, improvement and extension of such memorial. Reports shall also be made at other times if required by the board or common council. All claims for expenditures incident to the maintenance of such memorial shall be in form as sued for the payment of other claims by the county or city, but in addition thereto, they shall be approved by the president of the board of trustees of such memorial, and shall be allowed by the board or common council as other claims. All revenue from any memorial shall be accounted for by said board of trustees and delivered to the treasurer of the county or city on the first Monday of January and July of each year.

5917q1. Gifts for memorial.-17. Nothing herein contained shall prevent the gift or bequest by deed, will or otherwise of any property to any county or city for a memorial of the kind herein provided for, but the several counties and cities are authorized to accept such bequests and gifts and such property so given to the county or city may be used exclusively, or in conjunction with any other donated property or county or city funds for such memorial. And if any such gift or bequest is made to a county or city, proper recognition thereof shall be shown in connection with such memorial.

5917r1. Governor to appoint commission.-18. The governor is authorized to appoint a commission, to be known as the Memorial Art Commission, of not more than seven (7) duly qualified persons, who shall serve without pay but shall be allowed and paid their necessary expenses as certified by the governor to the auditor of state. It shall be the duty of such commission to consider the artistic qualities of plans for proposed memorials, and no memorial consisting of a building, monument, statue, tablet, picture, arch, or work of art of any kind, shall be erected without first submitting the plans therefor to such commission and securing the criticisms and advice of such commission with respect thereto: Provided, That if there be established, pursuant to law, a state art commission, that body shall be exofficio the memorial art commission.

5917s1. Bids and contract.-19. Bids shall be received for such memorial and the contract let for the same in the manner as now or hereafter provided by law for the building of county or city buildings, and land for such memorial may be acquired under the power of eminent domain, as other land is acquired by counties or cities for public buildings.

5917t1. No more than one memorial.-20. Nothing herein contained shall authorize the establishment of more than one (1) memorial at the expense of the county.

5917u1. Trustee may be removed.-21. Any trustee of said memorial may be removed and his position declared vacant by the board, common council, or judge appointing such trustees upon a proper showing being made that such trustee is incompetent, dishonest, or is not performing his duties as by law or the governing rules of said board of trustees provided.

[Acts July special session 1920, p. 160. In force July 31, 1920.] 5917v1. Aviation fields.-1. Cities and counties of the State be and they are hereby authorized to acquire, improve, equip, manage, operate, maintain, and dispose of aviation fields and all appurtenances deemed necessary and useful in connection therewith inclusive of structures of all kinds and systems of repair [,] lighting [,] communication etc.; and all powers and duties of cities and counties, acting through their officers relative to public buildings and grounds [,] labor [,] material and means for use therein and therewith, are hereby extended and granted to each city and county of the state for such purposes: Provided, That should two or more of such municipalities desire to co-operate for such purposes they may contribute to the total cost and enjoy the benefits and bear the burdens accruing therefrom on such terms as shall be evidenced by agreement approved and spread of record by their several governing bodies.

5917w1. Purchase or donation of real estate, bonds, tax levy, condemnation.-2. For an aviation field in whole or in part in any county such county, or any city wholly or partly within such county, is hereby authorized to acquire any real estate or interest therein necessary for the purpose by purchase gift or condemnation. In case of accepted gift the same shall be subject to conditions and obligations imposed by the donor and indicated in the deed of conveyance; and in case of acquisition by condemnation such city or county is hereby authorized to proceed and acquire title under and shall be governed, in its procedure, by the general law relating to exercise of the power of eminent domain. Funds for all purposes of this act may be procured from the general fund, by taxation, or by issue and sale of bonds of the municipality, or accepted as a donation, or received from one or more other municipalities which have agreed to co-operate, or by any or all such methods.

And each of such cities and counties acting alone or in co-operation with others is hereby authorized through its officers from time to time to make such levies as may be necessary to produce a fund for any or all purposes of this act including payment and retirement of any bonds therefor issued and sold, and to collect the same as other taxes are collected.

Bonds may be issued and sold by any such municipality, as for other purposes, only when the immediate required outlay for such purposes shall have been found by its governing official body to exceed in amount 1/10 of one per cent of the assessed valuation of its taxable property. 5917x1. Conditions precedent to purchase, condemnation or acceptance.-3. As a condition precedent to the purchase or condemnation of any tract of land for an aviation field or the acceptance and improvement of any proposed donation of a tract for such purpose, the governing body of any such municipality shall, if possible, procure an option on each tract deemed suitable for the purpose and formulate a general plan of the improvements intended to be made thereon, and procure an estimate of the cost thereof, and cause to be prepared plats of all such sites with location of proposed improvements noted thereon. and attach a statement thereto of the price of each optioned tract and estimated cost of each tract proposed to be condemned with estimated cost of improvements contemplated, as well as probable maintenance and operation exclusive of possible income, and cause copies thereof to be placed and kept for inspection in each of the public offices of the county and city if any viz. court room, offices of treasurer, auditor, recorder, surveyor, sheriff, and board of commissioners of the county and of the engineer, comptroller and each board of the city, and notify its citizens, by publication in a newspaper of general circulation published in the county or city affected, by three insertions a week apart, that not less than 4 weeks after the 3rd insertion the acquisition and improvement of an aviation field will be finally determined and proceeded with unless the resident taxpayers of such county or city, as the case may be, in number equal to 5% of the current U. S. census of its population, before that time file their written and signed remonstrances thereto.

Should such number or more of such taxpayers so remonstrate within such time, further action in the matter shall be stayed until by a majority the electors of such city or county voting thereon at a general election shall decide against such remonstrants.

For procuring a decision by the electors, such governing body of such municipality may at any general election thereafter cause a vote to be taken by preparing and furnishing at each voting place ballots marked respectively "For Aviation" and "Against Aviation," giving public notice that such vote will be taken at such election by notices legible at 20 feet distance posted in the immediate vicinity of each voting place prior to such election.

The election officials at each voting place shall see that each voter has an opportunity to cast a ballot for or against aviation as inclined

and make return of the vote on such subject as and with their general return.

In case the majority of such votes is "for aviation" the governing body of such municipality shall proceed as though no remonstrance had ever been filed. The expense of all such preliminaries may be paid from the general fund of such municipality.

5917y1. Improvement of field by the municipality.-4. Such municipality may improve such field after its acquisition in whole or in part, directly with the aid of a superintendent, or by contract. All work shall be done in accord with plans therefor procured adopted and kept on file by the governing body of such municipality, and such body may employ a superintendent for any or all the work who shall under its control buy material and employ labor therefor, or it may let the same or any part thereof by contract to the best bidder in like manner and under similar provisions and restrictions as in case of general public improvements.

[Acts 1921, p. 270. In force May 31, 1921.]

5917z1. Landing place for aircraft by city or county.-5. Any city or county may, without the conditions precedent of section three (3), acquire the temporary use of real estate for aviation purposes by lease or by transfer, conditional or in trust, for a definite period through donation or for compensation or both under appropriate action of its governing body (board or common council); provided no greater sum than that which amounts to a reasonable rental for the period of actual control shall be paid for such use, and that, at the pleasure of such city or county, such lease may be cancelled or such real estate retransferred at the end of any year of the given period; provided further that such city or county may fit the same for landing and taking off by such surface preparation, enclosure, and removal of obstructions to the use thereof as may be necessary.

For the purpose of prevention and removal of obstructions to the use of any city aviation field, held for temporary use or permanently, such city through its common council shall have and may enforce the same power of control and regulation over such real estate and all public highways abutting thereon as is at the time vested in such city over its other property and public streets within such city's limits.

Any city or county may manage and operate its temporary or permanent aviation field with any or all its appurtenances, or any or all such appurtenances separately, through a lessee thereof or otherwise instead of directly through its officers and employes; provided the consent of any other municipality or other person co-operating in the procurement thereof be first obtained.

This section amends section 5, Acts 1920, p. 160.