before authorized. Section 158 of the constitution pertaining to the sale of school lands has been amended so that lands required for townsite purposes may be paid for at any time and the Board of University and School Lands is accorded the discretion of declaring a forfeiture of the contract of sale in case of non-payment of the taxes assessed against the land by the purchaser after October 1st. of the year following the tax assessment. Before the amendment the failure of the buyer to pay such taxes within the time mentioned operated to nullify the contract and prior to the taking effect of the amendment there was no provision for the sale of school lands for any purpose for cash.

The committee on Jurisprudence and Law Reform in a printed report which is in your hands, has noted a number of changes in the law of a year ago in the matter of practice and procedure and I will not exhaust your patience or consume any time by again referring to them, but will confine my observations to recent changes effected by legislative action in the substantive law. In my reference to some of the changes in this branch of the law, it will be my endeavor to classify legislation by subjects.

As affecting the business of banking a number of acts were passed. One of these is contained in chapter 44 laws 1909, which provides that "no bank shall be liable to a depositor for the payment by it of a forged or raised check unless within thirty days after the return to the depositor of the voucher of such payment, such depositor shall notify the bank that the check so paid is forged or raised." This provision did not amend any existing law, but is new legislation. It will be perceived it creates a time limit for notice by the depositor and exempts the bank from liability if such notice is not given. Chapter 43 of the same laws requires all state banks to be officially numbered and chapter 45-same laws-limits the total liability to any association of any person, corporation or firm for money borrowed to fifteen per cent of the capital and surplus stock of the borrowing concern. This act is conducive to sound business methods and in my opinion is not unduly restrictive. It will not prevent the extension of proper credit in any case.

The last legislative assembly authorized cities not oftener than once in each five year period to prescribe by ordinance maximum rates and charges, to be paid by any city or its inhabitants for gas for light and heating purposes to the person, firm or corporation furnishing the same under a franchise right. The rate however is required to be just and reasonable. Prior to the passage of the act there was no law empowering municipalities to regulate such rates. Any city within the state has the power under laws 1909, chapter 56, to install upon its streets any special system of street lighting and to assess in certain cases the cost thereof, or some part thereor against the property directly benefitted thereby. The subject matter of the act was not contained in any previous legislation. By

amendment to sections 2825 and 2826 Revised Codes the corporate limits of any city may be extended not to exceed one half of its present area providing the major part of the territory proposed to be annexed does not consist of lands used for farming and pasturing purposes. Preceding the amendment the extension was limited to one fourth of the municipal area.

Some beneficial laws have recently been passed regarding railroads. One of these forbids after July 1st, 1910, the use of what is known as dinky cabooses on railroad trains operated in the state. The caboose cars used after the date mentioned are required to be equipped with at least two four wheel trucks and to be at least twenty-four feet in length exclusive of platforms and be "provided with a door in each end thereof and with suitable cupolas, platforms, guard rails, grab irons and steps for the safety of persons in alighting or getting on."

Another of such laws makes it the duty of railroads to remove any car loaded with any kind of grain from any spur or side track within forty-eight hours after written notice is received by it that such car is ready to be billed for shipment, and in the event any grain so loaded is stolen or destroyed after such notice, the railroad is made liable to the owner of the grain for any loss so occasioned.

Still another law prohibits the obstruction of railroad crossings on village or city streets or on rural highways by railroad companies for more than fifteen minutes at any one time.

Section 2242 of the Revised Codes has been so amended as to confer power upon the board of railroad commissioners to revoke the license of any warehouse for cause upon notice and hearing. This power, if it existed before the amendment by construction of the state then in force, was not expressly granted. The commissioners of railroads under another act are authorized to establish grades on all kinds of grain handled by elevators or warehouses on or before September first of each year and to receive reports from expert representatives of the state at certain terminal points for the benefit of shippers in the state. The correct grading of grain in a state whose resources are largely agricultural, is in the highest degree important and it is obvious that the law in question, provided the object sought by the passage of the act is thereby attainable, will be of great benefit to the grain growers of the state. The subject of education also received the attention of the last legislature and several enactments were passed relating to it. One of such acts provides that any district school board in the state may, upon a petition signed by a majority of the legal voters in the district, establish and maintain free kindergartens for the instruction of children between four and six years of age residing in the district in connection with the public schools therein. Another act requires the teaching of physical education to all pupils in the public schools and in all educational institutions supported wholly, or in part by the state. Another act imposed upon school boards, the duty of constructing fire

escapes above the first story on all school houses within the state and such boards are also required to plant trees and shrubs upon the grounds of every school district within the state.

Child labor is regulated by another act. By it, labor of children under fourteen years of age is prohibited during any part of the term during which the public schools of the district in which the child. resides are in session, and the labor of children under sixteen years of age is restricted to certain employments under stringent exactions. Legislation along this line is eminently fitting and in keeping with the higher refinement and civilization of the present age. The laws of 1909 in the interest of the public health contain a pure liquor law, which in part provides for the inspection, testing and analysis of beverages sold or imported in the state for sale, a law requiring the sanitation of food producing establishments, a law requiring sanitary conditions in barber shops, a law providing for the inspection of creameries and for an analysis and examination of dairy products by the dairy department, a law prohibiting the manufacture, sale and use of adulterated cigarettes and forbidding the sale of tobacco in any form to any minor under the age of eighteen years except upon the written consent of the parent or guardian of such minor: a law, amending section 2005, which makes it unlawful for any person to dispose of animals affected with contagious or infectious diseases and to use milk or hides from such animals except under regulations of the live stock sanitary board, a law establishing a state sanitarium for persons afflicted with tuberculosis and and providing for its location and temporary organization, a law creating a serum institute at the state agricultural college for the distribution of such agents as may be necessary to prevent and control certain contagious diseases of animals. These laws are salutary, promotive of the public well-being and in accord with the spirit of the age. Another law, which is highly beneficial to the agricultural class, is the pure seed act providing that "no uncleaned seeds shall be sold or delivered within the state for sowing purposes without the consent of the purchaser." By the act uncleaned or mixed seeds are required to be so labeled and it is made the duty of the agricultural experiment station to inspect, analyze and test seeds sent to it by any resident of the state for examination free of charge.

Section 2972 of the Revised Codes is amended so as to permit the governing body of each city, village and township within the state regardless of the number of its inhabitants upon the approval of a majority of the electors therein at the general election, to establish and maintain in the village, township or city a public library and reading room free to the public use and an annual tax is authorized to be levied on the taxable property therein not exceeding four mills on the dollar. Religious and charitable corporations under chapter 65 laws of 1909, may hold real estate to the value of two hundred thousand dollars. Formerly such holding was limited to

one hundred thousand dollars. Miscegenation or the marriage between white persons and black persons, is prohibited by chapter 164 1909 laws.

The last legislature, recognizing the propriety of contributing to the support of persons retired from service on account of disability, age or otherwise, awarded pensions to members of the militia. wounded or disabled in the service of the state and to firemen belonging to both volunteer and paid fire departments in cities, villages and towns under certain restrictions. A new military code was enacted by the last legislative assembly. It is framed on what is known as the Dick Bill, which was passed by congress in 1903 for the purpose of placing the militia of the country on a better footing and to encourage the passage of laws by the states promoting the proficiency and efficiency of their national guard. The last amendment to this bill was the Steenerson act of 1908, which authorizes the president to summon the militia before calling for volunteers and he is empowered to employ militiamen during their term of service at any place designated by him, whereas formerly they could be used only in the United States and for a term of service not exceeding nine months. About $4,000,000 is appropriated annually by congress for the support of the militia of the several states besides special appropriations for manouvers, which varies from time to time. Of this in 1908 this state received $24,000. To obtain these appropriations the national guard of the respective states must comply with the federal statutes as to organization, armament and discipline. By our code the cavalry arm of the national guard is abolished, the minimum strength of all organizations is fixed to conform to army regulations, an hospital corps is created and commissioned officers are required to possess certain qualifications for office. The militia thus becomes the second line of defence and is an efficient part of the fighting force of the country.

The practice of osteopathy in this state and the appointment of a board of examiners with power to issue licensess for the practice of the same was authorized by chapter 172 laws 1909. It was contended at and about the time of the passage of this law by some physicians of other schools that the entrance standard required for the practice of medicine would be lowered by the passage of the act.

Several changes were made by the last legislative assembly in the so-called prohibition law. The definition of intoxicating liquors is extended to include all spirituous, malt, vinous or fermented liquors or mixtures by whatever name called, that will produce intoxication in any degree. It is made unlawful to solicit orders from persons within the state for the sale of intoxicating liquors to be used as a beverage therein. The publication and circulation of advertising matter in connection with the sale of such liquor is prohibited. and the authority to issue permits to druggists, who are registered pharmacists, has been given to judges of the district court. The

law providing for rewards for conviction of violators of the prohibition law has been repealed.

The last legislature provided a parole system and for indeterminate sentences of persons convicted of crimes other than for treason, murder in the first degree, rape and kidnapping. A writer in the last issue of the law notes referring to Japan and the new penology says with reference to this subject that "the basic conception is reformation rather than punishment or revenge, and this conception is worked out by probation, the indeterminate sentence, and parole for convicted criminals." The Wide World Magazine in writing of the delights of a Japanese prison says, "There a convict may earn enough money while in jail to maintain his family, has the best of food and lodging, is taught a trade, and if he wishes, pursues the study of foreign languages. At Sugamo a qualified teacher instructs the younger prisoners in reading, writing and arithmetic. Prisoners of twenty and upward who are in seclusion for the first time are taught geography and history. It is generally agreed that the object sought in the punishment of criminals is largely reformation and the statute recognizes this humane idea.

Gentlemen, in conclusion I wish to refer to the non-partisan judiciary act approved March 6th, 1909. This act, to which I attach great significance, provides a separate ballot, known as the judicial ballot, at both the primary and general elections for the nomination and election of judges of the supreme and district courts. The act also provides that the names of the candidates shall be placed on the judicial ballot without party designation. The provisions of this act could be well extended to the nomination of all judicial and school officers in the state. It is apparent that the election of judges should be entirely removed from the sphere of politics. As a public safeguard they should not be under obligation for their reelection to party power or machine domination. Mr. Bryce in his American Commonwealth states that one of the causes which has lowered the quality of the state judges is "the method of ap pointment, nominally by popular election, practically by the agency of party wirepullers." The resolution of this association passed at Grand Forks, September 19th, 1906, appreciated the danger of which I am speaking. At that time the association declared that it owed "to the public the duty of using all its power and influence to place and keep upon the supreme bench of this state, capable, experienced and upright judges without regard to party affiliation." And the resolution adopted at Jamestown in September, 1907 with reference to the recommendation of candidates for district judges by the association was a declaration of duty on its part in the selection of competent judicial officers. These resolutions embody the principle that competency and fitness of candidates for the bench are the only proper standards for judicial preferment. It is highly important that judges, whose duty it is to determine property rights