or indirectly interested in any contract for labor or material to be furnished said city or to any department thereof. CHAP. 378 highway com missioners. Said highway commissioners shall receive in full for their ser- salary of vices such stated salary as shall be fixed in advance by the city council for the then current municipal year, and shall receive no other compensation from said city except the amount actually expended by them for necessary traveling expenses. Section 5. The first four sections of this act shall take effect only when accepted, as hereinafter provided, by the electors of said city qualified to vote in a municipal election. Said sections shall be submitted to be voted upon by the qualified electors of said city at an election to be especially called for the purpose and held on Monday the nineteenth day of June, in the year of our Lord, nineteen hundred and five. Said election to be called, advertised, held and conducted as provided by law relating to municipal elections in said city. The question of the adoption of the aforesaid four sections shall be submitted to said electors in the following form: when the preceding sections shall take effect. Form of vote. 'Section 1. Shall the common council be abolished?' 'Section 2. Shall the membership of the board of aldermen Form of vote. be increased by three aldermen to be elected at large?' Form of vote. 'Section 3. Shall the assessors be elected by the people?" 'Section 4. Shall three highway commissioners to hold office Form of vote. one, two and three years, and their successors to hold office for three years, be elected by the people, in place of the two street commissioners?' --manner of voting. The city clerk of said city shall prepare the ballots to be used at said election in such form that each elector may plainly indicate by a cross placed under the word 'yes' or 'no' his opinion on each of said questions separately. Such of said sections so submitted as shall have more affirmative than negative votes at said election shall be deemed to have been accepted. Section. one, if accepted, shall take effect on the third Monday of March, in the year of our Lord, nineteen hundred and six. Sections two, three and four, if accepted, shall take effect as provided in the respective sections. The result of said election shall be declared by the municipal officers of said city, and duly certified election how by the city clerk to the secretary of state. A printed copy of the first four sections of this act shall be posted at the time and places specified by law for posting notices of said election, and in at least two conspicuous places in each voting place during said election. Section 6. Should the first question referred to in section five of this act be decided in the affirmative, the revision and consolidation contained in the act of nineteen hundred and five, --result of declared. -copy of first shall be four sections posted. If vote is to council, the abolish following amendmenta CHAP. 378 shall be ador ted. City council, compensation of. Mayor may call special meetings of city council. --notice of meetings, how given. Mayor and aldermen shall have executive powers. entitled "An Act to revise, consolidate and amend the charter and laws of the city of Augusta," which revision is hereinafter called the "revised charter," is hereby declared to be thereupon amended as provided in the following clauses of this section, lettered A to K inclusive: A. Amend section two by substituting for the first sentence thereof the following: The administration of all the fiscal, prudential and municipal affairs of said city, with the government thereof, shall be vested in one principal magistrate, to be styled the mayor, and one city council to be denominated the board of aldermen, all of whom shall be inhabitants of said city; which magistrate and board shall constitute and be calied the city council; all of whom shall be sworn to the faithful performance of the duties of their respective offices; provided, the city council shall not vote, assess or appropriate any money for any object or purpose for which the town of Augusta is not authorized to vote, assess and appropriate money, except for such purposes as are authorized by this act.' B. Amend section three by striking out the third, fourth and fifth sentences thereof, and inserting instead thereof the following: 'He may call special meetings of the city council, when in his opinion the interests of the city require it, by a notice in one or more of the papers printed in this city, or by causing a summons or notification to be given in hand or left at the usual dwelling place of each member thereof. He shall from time to time communicate to the city council such information, and recommend such measures as the business and interests of the city may in his opinion require. He shall preside in the city council but shall have therein only a casting vote.' Said section is further amended by striking from the last sentence thereof the words “and common council." C. Amend section four by substituting for the first sentence thereof the following: "The executive powers of said city generally, and the administration of police, with all the powers of the selectmen of the town of Augusta, shall be vested in the mayor and aldermen as fully as if the same had been herein particularly enumerated; all other powers not vested in the inhabitants of said town, and all powers granted by this act, shall be vested in the city council.' Said section is further amended by striking out in the second sentence thereof the words "by concurrent vote." Said section is further amended by striking therefrom all that part thereof commencing with the words "the city council may by ordinance," and ending with the words "and other police officers." CHAP. 378 Approval of acts, ordinances, etc., --veto by mayor. D. Amend section five so that the same shall read as follows: 'Every law, act, ordinance or bill appropriating money having passed the city council, shall be presented to the mayor, and if y by he approve the same he shall sign it; if not, he shall return it in seven days, with his objections, to the city council, which shall enter the objections at large on its journal, and proceed to reconsider said law, act, ordinance or bill, if upon such reconsideration, two-thirds of the whole number of the board of aldermen shall agree to pass it, it shall have the same effect as if signed by the mayor. In calculating said requisite two-thirds, a fraction exceeding one-half shall be considered a unit.' amended. E. Amend section six by striking from the fifth sentence Section 6, thereof the words "mayor and board of aldermen," and inserting instead thereof the words 'city council.' amended. F. Amend section seven by striking from the fourth sen- Section 7, tence thereof the words "mayor and board of aldermen,” and inserting instead thereof the words 'city council.' G. Amend section eleven, if the same shall be adopted as provided in section two of the act of nineteen hundred and five entitled "An Act to revise, consolidate and amend the charter and laws of the city of Augusta," by striking from the first line thereof the words "mayor and aldermen," and inserting instead thereof the words 'city council.' Section 11, amended. Section 31, amended. --election of H. Amend section thirty-one so that the same shall read as follows: "The mayor shall be elected from the citizens at large, by the qualified electors of the city, voting in their respective mayor. wards; one alderman shall be elected by each ward, being a resident in the ward where elected; all said officers shall be elected by ballot, by a majority of the votes given, and shall hold their offices one year from the third Monday of March, and until others shall be elected in their places.' amended. I. Amend section thirty-two by inserting before the sen- Section 32, tence "The city marshal may be removed by the city council," the sentence: "The city marshal, with the advice and consent of the city council, shall appoint a deputy city marshal and other police officers.' --city be removed. marshal may amended. J. Amend section thirty-three by substituting in the first section 33, sentence thereof for the words "one alderman and two common councilmen," the words 'and one alderman.' amended. Also, by striking from the remainder of said section the further words, "and common councilmen" or "common councilman" or "common councilmen" wherever they occur. amended. Also, by striking out the last sentence of said section and further inserting thereof the following: The aldermen elect shall meet on the third Monday of March at ten of the clock in the CHAP. 378 Section 34, amended. --city clerk. -duties of clerk. --president pro tempore. --quorum. Effect of acceptance of question 2. Effect of defeat of question 1, and acceptance of question 2. Effect of affirmative resuit on question 3. forenoon, and take the oath required by this act, which shall be administered by the mayor or any justice of the peace.' K. Amend section thirty-four so that the same shall read as follows: "The city clerk shall be the clerk of the city council, of the board of aldermen and of the municipal officers; he shall perform such duties as shall be by them prescribed; and shall perform all duties and exercise all the powers by law incumbent upon, or vested in, the town clerk of the town of Augusta; he shall give notice in one or two of the papers printed in said city, of the time and place of regular ward meetings; but the place of regular ward meetings, and also the day and hour, when not fixed by law, shall be determined by the board of aldermen. The board of aldermen may choose a president pro tempore, who, in the absence of the mayor, shall preside at meetings of the city council. Each board shall keep a record of its proceedings, and the board of aldermen shall judge of the election of its own members; and in case of failure of election, or vacancy by death, resignation or otherwise, may order new elections. A quorum of the city council for the transaction of business shall consist of a majority of the board of aldermen whether the mayor be present or absent. All meetings of the city council shall be open and public, and the presiding officer shall have the power of moderators of town meetings, and when any two members shall request it, the vote shall be taken by yeas and nays, which shall be recorded by the clerk.' Section 7. Should the second as well as the first question referred to in section five of this act be decided in the affirmative, section two of the revised charter, as amended by clause A of the preceding section, is hereby declared to be thereupon further amended by adding thereto the provisions of section two of this act. Section 8. Should the first question referred to in section five of this act be decided in the negative, and the second in the affirmative, all of the amendments referred to in the two preceding sections of this act are declared inoperative, but section two of said revised charter is hereby declared in such case to be thereupon amended as follows: By striking out the word "eight" in the first sentence thereof, and inserting thereof the word 'eleven,' and by adding at the end thereof the provisions of section two of this act. Section 9. Should the third question referred to in section five of this act be decided in the affirmative, section six of said revised charter is hereby declared to be thereupon amended by striking out the first sentence thereof, and inserting instead thereof the provisions of section three of this act. CHAP. 379 Effect of affirmative result on Section 10. Should the fourth question referred to in section five of this act be decided in the affirmative, said revised charter is hereby declared to be thereupon amended by striking from question 4. section four thereof the words "street commissioners." Section nine thereof is thereupon amended by striking therefrom the words "commissioner of streets," and inserting instead thereof the words 'highway commissioners.' Said revised charter is also amended thereupon by inserting as a separate section immediately preceding the present section thirty-four of said revised charter, the provisions of section four of this act. Section II. All existing acts, public and private, including of existing said revised charter, and all ordinances of the city of Augusta inconsistent herewith, are hereby modified so as to conform to the provisions of this act; but this section shall take effect only as to such acts, parts of acts, revised charter and ordinances as are inconsistent with such of said first four sections as shall be accepted in the manner provided in this act, and when such accepted sections respectively take effect. Section 12. Such of the provisions of this act as shall be accepted as herein provided, shall be incorporated in said revised charter only by way of amendment thereto as provided in sections six to ten inclusive of this act. Section 13. Except as qualified by sections five and eleven, this act shall take effect when approved. Approved March 24, 1905. Modification acts. Accepted this act shall provisions of be by amendment. Chapter 379. An Act to incorporate the Fall Brook Dam and Improvement Company. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: -corporate name. Section I. Mark Savage, Albert Webster, Frank Hilton, Corporators. Henry Merry, their associates and assigns, are hereby incorporated under the name of the Fall Brook Dam and Improvement Company, with all the powers and privileges of similar corporations. Authorized to dams, etc., on maintain Fall Brook and tributaries. Section 2. Said corporation is hereby authorized to build dams, side dams and piers, and to maintain the same, on Fall brook and its tributaries in the townships of Solon, Bingham and Brighton in the county of Somerset. To remove rocks and trees and to excavate ledges therefrom, and to widen, deepen channel of. and otherwise improve the same for the purpose of raising a head of water and of making said stream and its tributaries --to improve |