CH. 28] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY construct and maintain foot and wagon bridges across any such stream the same as if such stream were wholly within the limits of the county consructing the same; any such county within which such bridge may be desired may unite in the construction and maintenance of such bridge with any adjoining state, or any county, city or other municipal subdivision within such state into which such bridge may extend; provided, that in such construction and maintenance the rights of adjoining states shall in no wise be infringed. SEC. 2. Petition-question submitted-tax levy-bonds. Whenever ten per cent. of the legal voters of any county named in section one of this bill, as shown by the returns of the last general election, shall petition the board of supervisors of such county to submit to the voters of the county at a general election the question whether such county shall be authorized to construct a bridge extending from such county across the state boundary river into the adjoining state, and shall also include the amount to be expended in the construction of such bridge, it shall be the duty of the board of supervisors to submit such question to the voters of such county at the first general election occurring not less than sixty days after the filing of such petition. Notice of the submission of such question shall be given by publishing the same for four consecutive weeks in at least three newspapers of general circulation published in such county, the last of which publications shall be at least three days and not more than ten days before the holding of such election. If a majority of those voting upon the said proposition shall vote affirmatively upon the same the board of supervisors may levy from year to year a tax, not to exceed one mill, upon all the taxable property of the county to erect said bridge; and it may also issue the bonds of the county in the manner provided by the provisions of title four (4) chapter one (1) of the code, except that said issue of bonds may be spread as to maturities over a period of twenty years; such issue shall not, however, exceed the amount authorized to be expended in the construction of such bridge. The provisions of section four hundred six (406) of the code shall apply to such issue of bonds and the levies for the payment of such bonds and interest shall be made under its provisions. SEC. 3. Agreement with adjoining state, county or municipality-letting of contract. In the event that the construction of such bridge shall be authorized as hereinbefore provided, the board of supervisors may unite with the adjoining state or any county, city, town or other municipal division thereof in an agreement for the construction and maintenance of such bridge, and such agreement may fix the particular portion or part which each of the contracting parties shall erect or maintain; or it may provide the particular percentage of the construction or maintenance of such bridge which each shall pay. The contract for the construction of such bridge shall be let to the lowest responsible bidder after bids have been invited by publication for four consecutive weeks in two or more papers of general circulation, and the board of supervisors shall have the right to reject any or all bids and readvertise for bids. The county shall not, however, be liable in any event for any part of the cost of construction of such bridge beyond the part or proportion that it has contracted with the adjoining state or municipality to bear in the construction of the same. SEC. 4. Liability for negligence in maintenance. The county shall not be liable for negligence in the maintenance of such bridge except for that part which it shall undertake to exclusively maintain and where there is a contract for joint maintenance of the entire structure, it shall only be liable for that part or portion which is within the boundary lines of the state of Iowa. SEC. 5. Use of bridge by street railways and other public service corporations. The board of supervisors may lease to any street railway the right LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 29 to cross said bridge with its line of railway upon such terms and conditions as may be authorized by the board of supervisors and the governing body of the adjoining state or municipality interested in such bridge, but no discrimination shall be made as between street railways and all shall be permitted to use the tracks constructed upon such bridge, provided that any line desiring to use the tracks thereon shall bear its reasonable share of the cost of construction and maintenance of such tracks. Like privileges may be leased to telegraph, telephone and electric power companies for the construction of their lines of wire across such bridges, except that a joint use of said wires shall not be exacted, and provided that any rights granted under the provisions of this section to use this bridge shall not in any way impair or abridge the use thereof by the public. Approved April 15, A. D. 1911. CHAPTER 29. TAX LEVY TO DEFRAY EXPENSES OF PROSPECTING FOR COAL. H. F. 312. AN ACT authorizing the levy of a tax for the purpose of defraying the expense of prospecting for coal. [Additional to chapter two (2) of title (IV) of the code, relating to the board of supervisors.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Tax levy authorized-purpose. The board of supervisors of any county are hereby authorized to levy a tax, not to exceed one mill upon the dollar, on all taxable property within the county, to be collected at the same time and in the same manner as other taxes and to be used in payment of expense incurred in prospecting for coal as provided in this chapter. SEC. 2. Question submitted. There shall be submitted to the voters of said. county at any general election, to be determined by the board of supervisors the question whether or not the levy provided for in section one (1) hereof shall be made, and such question shall be submitted to the voters upon a printed ballot in the following form: "Shall the board of supervisors be authorized and directed to levy a tax of one mill upon the dollar for the purpose of prospecting for coal." Those in favor will mark in the square, "Yes" and those opposed to said tax will mark, "No" in such square. SEC. 3. Canvass of vote. That said vote shall be canvassed by the judges of election and the results certified to the board of supervisors, who shall canvass the vote at the same time and in the same manner as is required in other special propositions submitted to the voters. SEC. 4. Coal fund tax-how paid out. That said tax shall be paid into the county treasury at the same time and in the same manner as other taxes and shall be known upon the books of the treasurer as a "coal fund tax” and shall be kept separately and distinctly from the other funds and be paid out upon the warrants duly issued by the county auditor when the same has been allowed and ordered paid by the board of supervisors. SEC. 5. Bids-location of shaft. The board of supervisors shall have the power to receive bids for ascertaining whether or not coal may exist in the county and shall award said bid to the lowest responsible bidder. The said CH. 31] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY board shall have the right to pass upon the location where said shaft is to be sunk, and ascertain whether or not said location is the most feasible point to prospect in said county. Approved April 10, A. D. 1911. CHAPTER 30. PAYMENT OF FEES INTO COUNTY TREASURY BY COUNTY OFFICERS. H. F. 116. AN ACT relative to the time of payment of county fees into the county treasury by clerks of the district court, county auditors and county recorders. [Additional to chapter nine (9) of title four (IV) of the code, relating to the duties of county officers.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Payments made quarterly-acts in conflict repealed. That the clerk of the district court, county auditor and county recorder shall pay all fees collected by them and belonging to the county, into the county treasury quarterly. All acts and parts of acts in conflict with this act are hereby repealed. Approved February 24, A. D. 1911. CHAPTER 31. APPEARANCE OF COUNTY ATTORNEY FOR TOWNSHIP TRUSTEES. H. F. 197. AS ACT to amend section five hundred sixty-four (564) of the code, and providing for the appearance of the county attorney for township trustees. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. County attorney to appear. Section five hundred sixty-four (564) of the Code is amended by adding to said section the following: "Provided, however, in counties having a population of less than twentyfive thousand (25,000) where the trustees are made parties to litigation arising by reason of the performance of their duties, as provided in this chapter, the county attorney, as a part of his official duties, shall appear in behalf of the township trustees. Provided, however, that if the interests of the county and the trustees are adverse, then and in such event, the county attorney shall not appear for said trustees but they may employ other counsel and pay the expense thereof out of the fund created by this act." Approved April 7, A. D. 1911. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY {CH. 33 CHAPTER 32. REMOVAL AND DISCHARGE OF FIREMEN, POLICE OFFICERS AND POLICEMEN. S. F. 481. AN ACT to amend the law as it appears in section six hundred and seventy-nine-h (679-h) supplement to the code, 1907, relating to the removal and discharge of firemen, police officers and policemen, except the chief of the fire department and the chief of police. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Number reduced-when. That the law as it appears in section six hundred and seventy-nine-h (679-h) supplement to the code, 1907, be and the same is hereby amended by adding thereto at the end thereof the following: "Whenever the revenue of any city available for the use of paying the salaries of the police officers, policemen and firemen is insufficient to pay the current salaries to the number of policemen then engaged on the police force and the firemen, the city council of any city which has a board of police and fire commissioners, as provided in chapter 2-a of title V of the supplement to the code, 1907, may provide by general ordinance for a reduction in the number of its firemen, and its police officers and policemen, except the chief of the fire department and the chief of police, in which event, the necessary number to make such reduction shall be honorably discharged from the said police force or the fire department. The persons discharged shall be designated in writing by the mayor; provided, however, that in making such discharge, the mayor shall take into consideration the length of service, competency and efficiency of the members of the police force and the members of the fire department. It shall be the duty of the mayor to designate for discharge the policemen and firemen whose length of service is of the shortest duration and who have shown the least efficiency and competency.' SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register & Leader and Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved April 15, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 20, 1911, and in the Register and Leader April 21, 1911. W. C. HAYWARD, CHAPTER 33. REMOVAL AND DISCHARGE OF FIREMEN, POLICE OFFICERS AND POLICEMEN. H. F. 219. AN ACT to repeal section six hundred seventy-nine-h (679-h) of chapter two-a (2-a) title five (5) of the supplement to the code, 1907, and to enact a substitute in lieu thereof relative to the board of police and fire commissioners in certain cities of the first class. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal-removals and discharges trial. That section six hunseventy-nine-h (679-h) of the supplement to the code, 1907, be and the same is hereby repealed and the following enacted in lieu thereof: CH. 34] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY "All police officers and policemen, and all firemen, including the chief of the fire department, and all employes in the civil list covered by this act, shall be subject to removal by the board of police and fire commissioners for misconduct or failure to perform their duty under such rules and regulations as may be adopted by the said board, whenever said board shall consider or declare such removal necessary for the proper management and discipline of said department; but the chief of police or the chief of the fire department may temporarily suspend or discharge any member of his force for misconduct, or neglect of duty, or disobedience of orders; provided that any person so suspended or discharged within five days thereafter may appear before said board, and said board shall investigate the cause of said removal or discharge, and if the same is found insufficient he shall be reinstated. The board shall fix the date for the trial of such discharged or suspended officer or man of either the police or fire department within fifteen (15) days after demand for a hearing by the accused and shall give ten (10) days written notice to the accused of the date set for trial, specifying the charges upon which the accused is to be tried and the name of the person making the charges. The meetings and procedure of the board when trying such cases shall be open to the public, and said accused shall have the right of counsel, and the examination of witnesses for and against the accused shall be in the presence of the accused, and he, or his counsel, shall have the right to cross examine any witness testifying against him. The accused shall have the right to produce witnesses in his defense, and the board shall cause the witnesses of the accused to be properly subpoenaed. Meetings shall be called by the chairman upon the application of two members of the board, and written notices must be sent to all members of the board, stating the time and the place and the purpose for calling a meeting. The board shall have the power to enforce the attendance of witnesses, and the production of books and papers; and to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates, exercising civil or criminal jurisdiction under the statutes of Iowa." Approved April 1, A. D. 1911. CHAPTER 34. AMENDMENT OF FRANCHISES GRANTED TO INDIVIDUALS OR PRIVATE CORPORATIONS. H. F. 42. AN ACT to amend section seven hundred twenty (720) of the supplement to the code, 1907, providing for the amending of franchises granted to individuals or private corporations. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Franchises may be amended. That section seven hundred twenty (720) of the supplement to the code 1907 be and the same is hereby amended by inserting the word "amend" after the word "renew" in the ninth (9th) line of said section, and by inserting the word "amended" after the comma following the word "granted" in the tenth (10th) line of said section, and by inserting a comma after the word "amended", and by striking out the comma after the word "renewed" in the twelfth (12th) line of said section, and inserting therein the words "or amended''. SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and |