ing engineers shall certify by affidavit indorsed on all plans and specifications submitted, that such plans and specifications comply with the Indiana sanitary schoolhouse law, and with the rules of the Indiana State Board of Health.

EQUIPMENT AND MAINTENANCE OF SCHOOL HACKS.

1. The term school hack as used herein shall include all wagons, hacks, and other vehicles of any kind whatsoever, used for public transportation of pupils to and from school.

2. School hacks shall be substantially built, painted throughout, well lighted, warmed and ventilated, clean and sanitary, kept in good repair and shall be operated and maintained with strict regard to the influence of such school hacks upon the health, morals and safety of the pupils thus transported.

3. All school hacks shall be swept and dusted thoroughly at least once each day, and in addition shall be specially cleaned and disinfected before being put in use at the beginning of school, and again at the time of Christmas vacation. Such special cleaning shall consist of first sweeping and dusting the interior, then scrubbing the floor, washing the windows and all interior wood work, including the seats, and then disinfecting the interior according to the rules of the State board of health.

4. The number of pupils to be transported in any school hack shall be limited to the normal seating capacity as provided in the construction of such hack. Every pupil must be provided with a comfortable seat without crowding.

5. All school hacks shall be so constructed and arranged that the pupils shall be in plain view of the driver.

6. Proper foot rests shall be provided for the use of smaller pupils when the seats are too high to allow the feet to rest comfortably on the floor.

7. No person shall be employed as driver of a school hack who is not able-bodied, not of normal mind, or who is addicted to the use of intoxicants or habit-forming drugs, or who has tuberculosis, or syphilis, or other communicable disease, or who is uncleanly in person or clothing, or immoral in habit. The use of tobacco or alcohol in any form in or on a school hack by pupils or driver is prohibited.

8. Both school trustees and the drivers of school hacks shall be held responsible for the sanitary maintenance of such hacks and for the moral behavior of pupils while occupants of such hacks.

Public Playgrounds, Baths, and Comfort Stations-Establishment of, in Cities. (Chap. 48, Act Feb. 28, 1913.)

SECTION 1. Public playgrounds and public baths-How established. That the board of health and charities in cities of the first class in this State, and the board of health and charities or the board of school commissioners, or board of school trustees, in cities of the second, third, fourth, and fifth classes in this State, be, and the same are hereby, authorized to establish, maintain, and equip public playgrounds, public baths, and public comfort stations in said cities. That the boards of school commissioners and boards of school trustees or boards of health and charities in such cities are hereby authorized to use and to permit the use of any public grounds or buildings under their control as in their judgment may be required or adaptable, pursuant to the provisions and for the purpose designated in this act. And such boards are hereby authorized to lease or purchase grounds, additional to such public grounds, either adjacent thereto or elsewhere in such cities; and such boards are hereby empowered, pursuant to the laws of eminent domain now or hereafter in force within this State, to condemn real estate to be used for the purposes herein expressed and to pay for such real estate so condemned out of the revenue hereinafter provided for in this act. SEC. 2. How controlled. Such boards shall have full control and custody of all such playgrounds, baths, and comfort stations, including the policing and preservation of order thereon, and may adopt suitable rules, regulations, and by-laws for the

control thereof, and the conduct of children and other persons while on and using the same, and may enforce the same by suitable penalties. Such boards shall appoint a commissioner of public playgrounds, public baths, and public comfort stations, whose duty it shall be to superintend and manage the work, to select directors and assistants, who while on duty and for the purpose of preserving order and the observance of the rules, regulations, and by-laws of the said boards shall have the powers and authorities of police officers of the respective cities in and for which they were severally appointed. The compensation for such employees shall be fixed by such boards.

SEC. 3. Expenses-How paid.—All the expenses necessarily incurred in carrying out the provisions of this act shall be borne by such civil cities. The common councils of such cities of the first class shall and cities of the second, third, fourth, and fifth classes may, annually, beginning in 1913, levy the sum of not less than 1 cent nor more than 2 cents on each $100 of taxables within such cities to create the sum to be known as the "recreation fund," to be expended by such boards in carrying out the provisions of this act. Such funds shall under no circumstances be used for any other purposes, but for the purposes aforesaid shall be subject to the warrant of the proper city official without any further appropriation.

SEC. 4. Repeal.-All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

Sewage, Disposal of—Sanitary Districts, Establishment and Maintenance. (Chap. 307, Act Mar. 15, 1913.)

SECTION 1. Sanitary districts—Petitions—County commissioners—Hearing—Election-Boundary lines.-That whenever any area of contiguous territory within the limits of any one county shall contain two or more incorporated municipalities and shall be so situated that the maintenance of a common outlet for the drainage, including the sewage thereof, or a joint system for the disposal of the sewage thereof, will conduce to the preservation of the public health, the same may be incorporated as a sanitary district under this act, in the manner following, to wit: Any 500 freehold legal voters, residing within the limits of such proposed sanitary district, may petition the board of county commissioners of the county in which they reside to cause the questions to be submitted to the legal voters of such proposed district, whether they will organize a sanitary district under this act: Provided, That not less than 100 of said petitioners shall be resident freehold legal voters in each municipality included in such proposed sanitary district. Such petition shall be addressed to the board of county commissioners of said county and shall contain a definite description of the territory intended to be embraced in such sanitary district, and the name of such proposed sanitary district: Provided, however, That no territory shall be included within more than one sanitary district, under this act.

Upon the filing of such petition in the office of the auditor of such county, as clerk of the board of county commissioners of such county in which such territory is situated, it shall be the duty of such board of county commissioners, and such board of county commissioners shall have power and authority to consider the boundaries of any such proposed sanitary district whether the same shall be as described in such petition or otherwise. Notice shall be given by such board of county commissioners of the time and place where such commissioners shall meet for the consideration of such petition by a publication inserted in one or more newspapers of general circulation, published in each of the different municipalities included in the proposed district, such publication to be had at least 20 days prior to the date set for such meeting. At such meeting all persons in such proposed sanitary district shall have an opportunity to be heard upon the question of the location and boundary of such proposed district and to make suggestions regarding the same, and such board after hearing statements, evidence, and suggestions shall fix and determine the

limits and boundaries of such proposed sanitary district, and for that purpose and to that extent may alter and amend such petition. At the time of such determination said board shall call a special election, to be held within 60 days thereafter, and at such election shall submit to the legal voters residing in the proposed sanitary district the question of the incorporation of the proposed sanitary district as determined by said board. Notice of such special election shall be given by said board for at least 30 days prior to said election by publication in one or more newspapers of general circulation published in each of the different municipalities included in said proposed sanitary district, such notice to specify briefly the purpose of such election with a description of such proposed district. Each legal voter residing in said proposed sanitary district shall have a right to vote at such election. The ballot at such election shall be in form substantially as follows:

and the voter shall indicate his choice by placing an X in one of the squares.

Said special election shall be held as nearly as may be practicable under all the provisions of, and in conformity with, the general election laws of the State, and all laws fixing penalties for violation of the general election laws shall apply to such election: Provided, however, That the returns of such special election shall be made to said board of county commissioners, which board shall canvass the same and cause the result to be spread of record in its proceedings. If a majority of the votes cast in each municipality included within the boundaries of such proposed sanitary district, and if a majority of the votes cast in any part of a municipality if such part and not the whole of such municipality be included within the boundaries of such proposed sanitary district upon the question of the incorporation of the proposed sanitary district shall be in favor of the proposed sanitary district, such board shall enter an order incorporating such sanitary district, and such sanitary district shall thenceforth be deemed an organized sanitary district under this act. All courts in this State shall take judicial notice of the existence of all sanitary districts organized under this act.

The expenses of holding said special election shall be paid by the board of county commissioners of said county in which said proposed sanitary district is located out of the general funds of said county: Provided, however, That in the event such sanitary district is established and incorporated under this act then said sanitary district shall repay to said county the expenses incurred in holding said special election within two years from the date of incorporating such sanitary district.

SEC. 2. Trustees-Governor appoints.-In each sanitary district incorporated under this act the governor shall, within the period of 30 days after such incorporation, appoint five trustees who shall reside in said district, and not more than three of whom shall be members of the same political party, and not more than three of whom shall be appointed from any one municipality within such district: Provided, That if there be not more than five municipalities in such district one of said trustees shall be appointed from each of said municipalities, and if there be less than five municipalities, in such district than [then] one of said [trustees] shall be appointed from each of said municipalities and the others appointed at large from said sanitary districts. The trustees so appointed shall hold their offices until the next general election, and until their successors shall be elected and qualified. At the next general election following the appointment of said trustees, and every four years thereafter, there shall be nominated and elected by the legal voters of said sanitary district five trustees for such sanitary district: Provided, That if there be not more than five municipalities in such district, one of said trustees shall be nominated and elected from each of said municipalities, and if there be less than five municipalities in such district then one of said trustees shall be nominated and elected from each of said munici

palities, and the remainder of said trustees may be nominated and elected at large from said sanitary district: Provided, however, That said trustees shall be elected by the electors of said district at large. The terms of office of said trustees so elected shall begin on January 1 following said general election, and be for the term of four years, and until their successors are duly elected and qualified. The trustees so appointed and their successors, who shall thereafter be elected, shall receive a salary of $1,000 per year each, except the president of said board of trustees, who shall receive a salary of $1,200 per year, to be paid to said trustees out of the funds of said sanitary district.

Such sanitary district shall, from the time of the said appointment of the said trustees as provided in this act, be construed to be in law and in equity a body corporate and politic by the name and style of such sanitary district, and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for its corporate purposes, and may adopt a common seal and alter the same at pleasure.

SEC. 3. Trustees have corporate authority-Powers-Officers.-The trustees provided for in the preceding sections of this act shall constitute a board of trustees for said sanitary district for which they are appointed, which board of trustees is hereby declared to be the corporate authorities of such sanitary district and shall exercise all the powers and manage and control all the affairs and property of such sanitary district. Said board of trustees shall have the right and power to elect a clerk, treasurer, chief engineer, and attorney for such sanitary district, which officers shall hold their respective offices during the pleasure of said board, and shall give such bonds for the faithful performance of their duties as may be required by said board. Said board of trustees shall also have power to employ and prescribe the duties and fix the compensation of all such officers and employees of said sanitary district. Said board of trustees shall have full power to pass all necessary ordinances, resolutions, orders, rules, and regulations for the proper management and conduct of the business of said sanitary district and shall have power to carry into effect the ordinances, orders, resolutions, rules, and regulations of said sanitary district for the business for which said district is formed. Said board of trustees shall organize by electing one of their number president. All ordinances, orders, rules, resolutions, and regulations passed by said board of trustees shall before they take effect be approved by the president of said board of trustees, and if he shall approve thereof he shall sign the same, and such as he shall not approve he shall return to the board of trustees with his objections thereto in writing at the next regular meeting of said board of trustees occurring after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance making an appropriation or to the entire ordinance, and in case the veto only extends to a part of such ordinance the residue thereto shall take effect and be in force, but in case the president of said board of trustees shall fail to return any ordinance, order, rule, resolution, or regulation with his objections thereto by the time aforesaid he shall be deemed to have approved the same, and the same shall take effect accordingly upon the return of any ordinance, order, rule, resolution, or regulation by the president; the veto by which the same was passed shall be reconsidered by the board of trustees, and if upon such reconsideration four-fifths of all the members of said board of trustees shall agree by yeas and nays to pass the same it shall go into effect, notwithstanding the president may refuse to approve thereof. Said board of trustees shall adopt rules and regulations for the conduct of the business of said board and shall fix a stated time at which the regular meetings of said board shall be held. Said board of trustees shall establish an office within said district and shall cause to be kept a full, complete, accurate, and itemized account of all its proceedings, ordinances, orders, resolutions, rules, and regulations.

SEC. 4. Ordinances—Making appropriations.—All money paid out by said sanitary district shall first be appropriated by said board of trustees by ordinance, designating

the purpose for which it is proposed to pay out said money. All ordinances making appropriations shall, within one month after they have been adopted, be published in a newspaper of general circulation published in said district, and no such ordinance shall take effect until 10 days after it is so published. All other ordinances, orders, rules, and resolutions shall take effect from and after their passage, unless otherwise provided therein.

SEC. 5. Rules and regulations.-All ordinances, rules, orders, and resolutions, and the date of publication thereof, may be proven by the certificate of the clerk of said sanitary district, under the seal of the corporation, and when printed in book or pamphlet form, purporting to be published by said board of trustees, such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, rules, orders, and resolutions, as of the dates mentioned in such book or pamphlet, in all courts and places, without further proof.

SEC. 6. Maintenance of main channels and drains.-The board of trustees of any sanitary district organized under this act shall have power to provide for the drainage of such district by laying out, establishing, constructing, amd maintaining one or more main channels, drains, ditches, and outlets for carrying off and disposing of the drainage, including the sewage of such districts, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed in a satisfactory manner, and to provide for the laying out, establishing, constructing, and maintaining sewage-disposal plants and works, main channels and outlets for the carrying off and disposing of the drainage and sewage of said district: Provided, That such drains, ditches, adjuncts, additions, sewage-disposal plants, works, mains, channels, outlets, and any other improvements established or constructed by said sanitary district shall serve and benefit the entire territory within such sanitary district and not otherwise: Provided, That nothing in this act shall be construed to limit the power of the municipalities included in said sanitary district from constructing and establishing drains and sewers within the corporate limits of such municipality: Provided further, however, That before any general outlet, main, or trunk sewer shall be constructed by any such municipality included in said sanitary district a plan or profile of any such proposed general outlet, main, or trunk sewer shall be filed in the office of the board of trustees of said sanitary district and be approved by said board. Such mains, channels, drains, ditches, and outlets for carrying off and disposing of the drainage, including the sewage of such district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed in a satisfactory manner, and such disposal plants and works, main channels, and outlets for the carrying off and disposing of the drainage and sewage of said district may extend outside the territory included within such sanitary district, and the rights and powers of said board of trustees over the portion of such channel or outlet and sewage-disposal plant, or works, lying outside of such district shall be the same as those vested in said board over said portions of such channels.or outlets, plants or works, within the said district.

SEC. 7. Title to real estate.-Such sanitary district may acquire in fee simple by purchase, condemnation, or otherwise any and all real and personal property, right of way, and privilege, either within or without its corporate limits, that may be necessary for its corporate purposes: Provided, That all moneys for the purchase and condemnation of any such property shall be paid before possession thereof is taken, or any work done thereon, and provided in case an appeal is taken by either party from the court in which such condemnation is ordered, whereby the damages are not finally determined, the amount of damages awarded by such court shall be deposited with the clerk of such court, subject to the orders of such court, when the amount of damages shall be finally determined. All condemnation proceedings brought hereunder shall be governed by the statutes prescribing the procedure in cases of eminent domain.