CHAPTER 168.

[Published March 16, 1868.]

AN ACT to authorize certain counties, towns and villages to aid in the construction of a railroad between Manitowoc and the Mississippi river.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

levy tax to aid

SECTION 1. It shall be lawful for the proper officers Counties may of any county through any portion of which any part railroad. of a railroad from Manitowoc, in the county of Manitowoc, to the Mississippi river, shall run, or any town or incorporated city or village in such county, to levy a tax upon all the taxable property in such county, town, incorporated city or village, to aid in the location and construction of any portion of such road, and for the purchase of depot grounds and right of way, and for like purpose to issue the bonds of any such county, town, incorporated city or village, in such sum or sums and upon such terms and conditions as shall be agreed upon by and between such county, town, incorporated city or village, and any railroad company now or that may hereafter be authorized to construct such road; but no such tax shall be levied, nor bonds issued by any such county, town, incorporated city or village, unless a majority of the legal voters of such county, town, incorporated city or village, voting on the question shall first have voted in favor of such tax or the issuing of such bonds, in the manner hereinafter provided.

make proposi

SECTION 2. Whenever such railroad company shall Company to require aid from any such county, town, incorporated tion. city or village, it shall make and deliver to the clerk of the board of supervisors of such county, the town clerk or clerk of such incorporated city or village, as the case may be, a definite proposition in writing, signed by the president or secretary of said railroad company, and sealed with the common seal of said company, which proposition shall contain a distinct statement of the amount of money or bonds desired, and the terms and conditions and considerations upon which the same will be required to be paid and delivered to said rail

Town and city notice of elec

clerks to give

tion.

How election to be conducted.

If question car

ried, tax to be

to be issued.

road company. Upon receiving such definite proposi tion, the clerk of the board of supervisors of such county, the town clerk or clerk of such incorporated city or village, as the case may be, shall within ten days, publish or cause to be published a notice of an election to be held by the legal voters of such county, town, incorporated city or village, at the usual place or places of holding elections in such county, town, incorpo rated city or village, and at such time as he may designate, which shall not be less than twenty nor more than thirty days from the date of such notice, which notice shall contain a full statement of the proposition made by said railroad company, and shall call upon the voters to deposit a ballot upon which shall be writ ten or printed the words, "for the railroad proposition," or the words, "against the railroad proposition.

SECTION 3. Such election shall be held and conducted in the same manner that other general elections in such counties, towns, incorporated cities or villages are by law required to be held and conducted, and the votes cast at such election shall be counted, canvassed and returned in the same manner as the votes at any such general election; and the canvassers shall make, certify, sign and deposit with the clerk of such county, town, incorporated city or village, a statement of the whole number of votes cast upon the question, as well as a statement of the number for the railroad proposi tion, and of the number against the railroad proposition; and such certificate shall be conclusive evidence of the fact as to the number of votes cast for or against such proposition, and also of the fact that such election was regularly held and conducted according to law.

SECTION 4. If a majority of the legal voters who levied or bonds shall vote on the question at any election to be held in any such county, town, incorporated city or village, in pursuance of the provisions of this act, shall, as indicated by the official returns of any such election, vote "for the railroad proposition," it shall be the duty of the proper officers in every such county, town, incorporated city and village, to cause said tax or bonds so voted to be raised or issued, and to be levied and collected or issued, and to be paid over or delivered to the said railroad company, on the performance by said company of the terms and conditions contained in such railroad proposition.

SECTION 5. For the purpose of giving effect to the How to give efprovisions of this act, the proper officers of every fect to act. county, town, incorporated city and village mentioned in this act, are hereby declared to be the chairman of the county board of supervisors and the clerk of the board of supervisors in each county, the chairman of the board of supervisors and the town clerk in each town, the mayor and city clerk of such incorporated city, and the president and clerk of each incorporated village.

same as other

SECTION 6. The tax authorized by this act shall Tax to be levied be levied, assessed and collected in the same manner taxes. and form as other taxes are levied, assessed and collected in such county, town, incorporated city or vil lage, and shall when collected be paid over to said railroad company by the treasurer of such county, town, incorporated city or village, as the case may be, on the certificate of the chairman of the board of supervisors of such county or town, or the mayor or president of such incorporated city or village, that the said railroad company has performed all the terms and conditions of the proposition under which such tax was voted, levied, assessed and collected; and such treasurer shall give additional bonds, to be approved in the usual manner, in double the amount of the tax so to be collected by him, conditioned that he will faithfully pay over such tax as required by this act; and the bonds hereby authorized to be issued, shall be issued by such officers in such amounts, and with such rate of interest, and upon such time, and delivered to such railroad company as shall have been agreed upon between such county, town, incorporated. city or village.

ties, towns or

SECTION 7. All shares or the capital stock of the shares may be bonds or other securities given by said railroad com- held by counpany to any county, town, incorporated city or village, cities. may be taken, held, sold and transferred by such county, town, incorporated city or village in the same manner and with like effect as can be done by individuals, and upon such terms and conditions as shall have been agreed upon between such county, town, incorporated city or villge and the said railroad company.

SECTION 8. Whenever any county, town, incorpo- Tax to be levied rated city or village shall issue any bonds, it shall be to pay interest. the duty of the proper officers of such county, town,

incorporated city or village to levy annually upon the property thereof as aforesaid, a tax sufficient to pay the interest upon such bonds and raise a sinking fund to pay the principal thereof when the same shall become due and payable.

SECTION 9. This act shall take effect and be in force from and after its passage. Approved March 6, 1868.

May grant state certificate.

Superintendent shall appoint examiners.

CHAPTER 169.

[Published March 14, 1868.]

AN ACT creating a state board of examiners to issue state certifi cates of high grade to teachers of eminent qualifications.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follow:

SECTION 1. The state superintendent of public instruction is hereby authorized to grant state certificates to teachers, in the manner hereinafter provided.

SECTION 2. The state superintendent shall, before each examination held under the provisions of this act, appoint three competent persons, residents of this state, who shall constitute a board of examiners and who shall, under rules and regulations, to be prescribed by the said superintendent, thoroughly examine all persons desiring state certificates in the branches of study in which applicants are now required to be examined by county superintendents for a first grade certificate, and in such other branches as the state superintendent and said examiners may prescribe.

If applicant is SECTION 3. If the examiners shall be satisfied that qualified,superintendent shall an applicant possesses the requisite scholarship in all issue certificate the branches of the study before mentioned, they shall certify the fact to the state superintendent, and if such applicant shall furnish evidence of good moral character, experience and success in teaching, satisfactory to said superintendent, he shall thereupon issue to such applicant a certificate which shall be valid until revoked

and which shall qualify the holder to teach in any public school in any city, town or school district of this state, without any further examination by a city or county superintendent, or any other person or board whatsoever.

tificate.

SECTION 4. Said certificate may be revoked by the May revoke cerstate superintendent for incompetency or immoral conduct: provided, that before any such revocation, the holder shall be served with a written statement of the charges against him, and shall have an opportunity for defense.

When meeting

of examiners to

SECTION 5. A meeting for the examination of applicants for state certificates shall be held at the capi be held. tol in the city of Madison, on the second Wednesday of August in each year; and additional meetings may be held at such times and places as the state superintendent shall prescribe.

ers.

SECTION 6. All moneys actually and necessarily Pay of examinexpended by each member of the board of examiners in attending meetings for the examination of teachers, shall be refunded to him and he shall also receive three dollars per day for all time actually and necessarily spent in holding said meetings, or in going to or returning from the same. Accounts for such services and expenses shall be audited by the secretary of state; and there is hereby appropriated out of any money in the state treasury, not otherwise appropriated, a sum sufficient to pay the amounts thus audited. SECTION 7. The state superintendent shall record Certificates to in a book kept for that purpose the date of each certificate issued, and the name, age and residence of the person to whom it was granted, and he shall file in his office for permanent preservation all papers relating to the examination of applicants for state certificates. Approved March 6, 1868.

be recorded.