land for con Third, To purchase, and by voluntary grants and dona- To purchase tions receive, take and by its officers, engineers, surveyors struction of and agents, enter upon and take possession of, hold and road. use all such lands and real estate, franchises and other property, as may be necessary for the construction, maintenance and accommodation of its railroad or railroad bridge or railroad tunnels, stations, depots and other accommodations; but the same shall not be appropriated until the compensation to be made therefor is agreed upon by the parties, or ascertained as herein prescribed, to be paid to the owners, or deposited as hereinbefore directed, unless the consent of such owner be given therefor; of road. Fourth, To lay out its road, not exceeding one hundred Construction feet in width, and to lay out its bridge or tunnel and its bridge or tunnel approaches not exceeding two hundred feet in width, and to construct the same, and for the purpose of cuttings and embankments, and for procuring stone, gravel or other material or for the purpose of draining its road bed or tunnel, to take in the manner herein provided such further lands adjacent to and in the vicinity of its road or tunnel, as may be necessary for the proper construction, operating and security of its road or tunnel; bridge across struct traffic minutes. Fifth, To construct its road or bridge over, upon or across, To construct or its railroad tunnel under any stream of water, water- or tunnel uncourse, private road, street, lane, alley or highway, and der streams. across or under any plank road, railroad or canal, which the route of its road or railroad bridge or railroad tunnel shall lie along, or intersect; but the corporation shall restore the stream, water-course, private road, street, alley, lane, highway, plank road, railroad or canal to its former state as near as may be, but shall not materially obstruct the navigation of any stream, nor obstruct any public high- Not to obway or street by cars or trains for more than five minutes more than five at any one time, and the Commissioner of Railroads shall have authority to cause the removal of switches that are so located with reference to public highways, or streets that by reason of the constant switching or shunting of cars the use of the public highway or street is materially obstructed, impeded or delayed; and such corporation shall construct Street suitable road and street crossings for the passage of teams crossings. by fitting down planks between and on each side of the rails of such road, the top of which shall be at least onehalf inch higher than the top of the rails of such road; and Construction in case of the construction of such railway upon any public upon streets. street, lane, alley or highway, the same shall be on such terms and conditions as shall be agreed upon between the railroad company and the common council of any city, or the village board of any village, .or the commissioners of highway of any township in which the same may be; but Compensation to adjacent such railway shall not be constructed upon any public owners. street, lane, alley, highway or private way until damages and compensation be made by the railroad company therefor To unite with other railroads. to the owner or owners of property adjoining such street, Sixth, To cross, join and unite its railroads bridge or tunnel with any other railroad now or hereafter constructed under any law whatever at any point on its route, and upon the grounds of such other railroad now or hereafter constructed with the necessary turnouts, sidings and switches, and other accommodations and conveniences, in furtherance of the objects of its connections; and to make all such busiIntersections. ness arrangements as said companies may agree upon. And every company whose railroad shall be intersected by any other railroad shall unite with the owners of such other railroads in forming such intersections and connections and grant facilities for the same as hereinafter provided; charges. Transporta- Seventh, To take, transport, carry and convey persons and To erect depots, etc. To regulate time, manner and toll for transportation. Passenger fares. Eighth, To erect and maintain all necessary and convenient buildings, stations, depots and fixtures, and machinery for the accommodation and use of their passengers, freight and business, and to obtain and hold all the lands necessary therefor; Ninth, To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor; but such compensation for transporting any passenger and his or her ordinary baggage, not exceeding in weight one hundred and fifty pounds, shall not exceed the following prices, viz.: For a distance not exceeding five miles in the lower peninsula, three cents per mile, and for a distance not exceeding ten miles in the Upper Peninsula, four cents per mile; for all other distances for all companies the gross earnings of whose passenger trains, as reported to the Commissioner of Railroads for the year nineteen hundred six, equalled or increase in ings. exceeded the sum of one thousand two hundred dollars per mile for each mile of road operated by said company, two cents per mile, and for all companies whose earnings reported as aforesaid were less than one thousand two hundred dollars per mile of road operated by said company, three cents per mile: Provided, That in the future, when- Proviso, as to ever the earnings of any company doing business in this earnings. State, as reported to the Commissioner of Railroads at the close of any year, shall increase so as to equal or exceed the sum of one thousand two hundred dollars per mile of road operated by said company, then in such case said company shall thereafter upon the notification of the Commissioner of Railroads be required to only receive as compensation for the transportation of any passenger, his or her ordinary baggage, not exceeding in weight one hundred fifty pounds, a rate of two cents per mile as hereinbefore provided: Prorided, further, That in computing the passenger earnings Proviso, comper mile of any company the earnings and mileage of all puting earnbranch roads owned, leased, controlled or occupied, or that may hereafter be owned, leased, controlled or occupied by such company, shall be included in the computation and the rate of fare shall be the same on all lines owned, leased, controlled or occupied by such company: Provided, further, Proviso, UpThat the roads in the Upper Peninsula shall be allowed per Peninsula. to charge not to exceed three cents per mile except as hereinbefore provided, but no company shall charge, demand or receive any greater compensation per mile for transportation of children of the age of twelve years, or under, than one-half of the rate herein prescribed: Provided, further, Proviso, liabil That any railroad company which shall, within thirty days ity to the after notification by the Railroad Commissioner, fail to comply with the provisions of subdivision nine of this sec tion, shall immediately after such failure become liable to the people of the State of Michigan in a penalty of five hundred dollars per day for each and every secular day during the pendency of such failure, which said penalty shall be collected in an action to be brought by the Commissioner of Railroads, in any court of competent jurisdiction within this State, and which said penalty, when collected, shall be paid into the State treasury and credited to the primary school fund. The penalty in this section mentioned shall be supplemental to and shall not be deemed to supersede any extraordinary remedy, by mandamus or otherwise, authorized by law, to be instituted by the State, the Commissioner of Railroads or any State officer or board, to compel compliance with section one of this act. State. The provisions of this section shall apply to all railroad Application companies operating lines of railroad in this State, whether of section. such companies are organized under the general railroad law or under any special charter from the State legislature. Approved April 18, 1907. Section amended. Minors or students not allowed in saloons, poolrooms, etc. When proprie tors guilty of misdemeanor. Penalty. [No. 55.] AN ACT to amend section two of act two hundred sixty The Iople of the State of Michigan enact: SECTION 1. Section two of act number two hundred sixty of the public acts of eighteen hundred eighty-one, entitled "An act to provide for the protection of children," said section being compiler's section five thousand five hundred fifty-four of the Compiled Laws of eighteen hundred ninety-seven, as amended by act two hundred thirty-six of the public acts of nineteen hundred five, is hereby amended to read as follows: SEC. 2. No minor child under seventeen years of age, nor any minor who is a student in any public, private or parochial schools in the State of Michigan, shall be permitted to remain in any saloon, barroom or other place where any spirituous or intoxicating liquor, or any wine or beer, or any beverage, liquor or liquors containing any spirituous or intoxicating liquor, beer or malt liquor, is sold, given away or furnished for a beverage; or in any place of amusement known as dance houses, concert saloons, variety theaters or in any house of prostitution; or in any room or hall occupied or used for hire, gain or reward, for the purpose of playing billiards, pool, ninepins, bowling, cards, dice or any other unlawful game, or in any room or hall used or occupied for gaming, pool-selling or betting in any manner whatever. Any proprietor, keeper or manager of any such place, who shall permit such child to remain in any such place, and any person who shall encourage or induce in any way such child to enter such place or to remain therein, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or both such fine and imprisonment in the discretion of the court. Approved April 25, 1907. [No. 56.] AN ACT to amend section forty-four of act number one hundred eighty-three of the public acts of the State of Michigan of eighteen hundred ninety-seven, approved May twenty-ninth, eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," the same being section four hundred six of the Compiled Laws of Michigan of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section forty-four of act number one hundred Section eighty-three of the public acts of the State of Michigan of eighteen hundred ninety-seven, approved May twenty-ninth, eighteen hundred ninety-seven, entitled "An act to provide for the appointment and to fix the term of office, duties and compensation of circuit court stenographers in the State of Michigan," the same being section four hundred six of the Compiled Laws of the State of Michigan of eighteen hundred ninety-seven, is hereby amended to read as follows: Thirty-first SEC. 44. In the thirty-first circuit the stenographer shall Salary in be paid an annual salary of two thousand dollars. This act is ordered to take immediate effect. Approved April 25, 1907. [No. 57.]' AN ACT to amend section twenty of act one hundred eighteen of the public acts of eighteen hundred ninety-three, approved May twenty-six, eighteen hundred ninety-three, entitled "An act to revise and consolidate the laws relative to the State Prison, the State House of Correction and Branch of the State Prison in the Upper Peninsula, and to the House of Correction and Reformatory at Ionia, and the government and discipline thereof, and to repeal all acts inconsistent therewith," being section two thousand ninety-nine of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section twenty of act one hundred eighteen Section of the public acts of eighteen hundred ninety-three, approved amended. May twenty-six, eighteen hundred ninety-three, entitled "An act to revise and consolidate the laws relative to the State |