CHAPTER 236.

(Senate File No. 58.)

[Introduced by Messrs. Adams and Mattes.]

AN ACT to provide for the creation of a State Forestation Commission and defining its duties.

Be it Enacted by the People of the State of Nebraska:

Section 1. Forestation commission-appointments.-There is hereby created a Forestation Commission. The Governor of this State is hereby named Forestation Commissioner. To facilitate him in the discharge of his duties he is required to appoint three deputy Forestation Commissioners, who, with the Governor, shall constitute the Forestation Commission whenever that term shall be used in this act. Persons so appointed shall be such that have knowledge of and interest in forestry work in Nebraska and shall serve without pay or compensation for their time spent in fulfilling the purposes of this act. Within thirty (30) days after this act shall have become effective, the Governor shall appoint the three deputies as aforesaid for terms of one, two and three years respectively designating the term each shall serve, and thereafter appointments shall be for a term of three years each.

Sec. 2. Same duties. It shall be the duty of the commission to study forestry conditions and methods of development thereof throughout the state; collect information and data pertaining thereto; co-operate with and assist all citizens, organizations and communities within the state in forestry work; disseminate forestry information through reports, recommendations and such publicity methods as the commission may deem expedient. The commission shall on or before the 30th day of November preceding the meeting of the legislature, prepare and file with the governor a full and complete report of its work during the preceding biennum.

Sec. 3. Organization.-Within sixty (60) days after their appointment, the commission shall meet with the governor and organize by selecting one of their number as chairman and one as secretary. Thereafter, meetings of the commission shall be held at the call of the chairman.

Approved, April 10, 1917.

Ch. 237)

Forest Reserves

575

CHAPTER 237.

(House Roll No. 17.)

[Introduced by Messrs. Thomas and Waite.]

AN ACT to provide for the establishment of Forest Reserve Areas by counties, cities and villages, and to provide for the acquisition, payment and maintenance thereof.

Be it Enacted by the People of the State of Nebraska:

Section 1. Forest reserves-county, city provide.-Every county, city of the first or second class and every incorporated village is hereby authorized and empowered to establish and maintain Forest Reserve Areas, and for that purpose is hereby authorized and empowered to receive in fee by gift, grant, devise, or purchase, any lands having natural timber thereon suitable for reforesting or afforestation and to hold, improve, protect and plant such areas by reforesting and afforesting and manage the same on approved forestry principles for park and public purposes including the protection of their potable water supply.

Provided, That any such city or village may acquire such reserves within a distance of fifteen (15) miles of the corporate limits.

Provided, That the acquisition of any proposed Forest Reserves shall have first received. the approval by the State Forestation Commission as to its adaptability for the purposes intended.

Sec. 2. Procedure for acquisition.-Upon the filing of the petition with the county board or the city council or commission or village board, as the case may be, signed by at least ten per cent (10%) of the voters of the governmental subdivisions effected describing the lands proposed to be acquired and requesting the board or council or commission to acquire the described tract for Forest Reserve purposes, it shall be mandatory upon the county board, the city council, commission or village board, as the case may be to submit the proposition at the next general or a special election called for that purpose whether or not the described tract shall be purchased or acquired for such Forest Reserve purposes. And if the municipal sub-division is without funds available for completing the acquisition of the proposed tract, the county board or city council shall at the same

election, submit the question of issuing negotiable bonds to the voters of the district for the purpose of providing means for the acquisition of said land. Such election and submission to be held in conformity to the provisions in sections 405 to 409 of the Revised Statutes for 1913 providing for the issuance of internal improvement bonds.

Sec. 3. Police power over areas. The police power of such county, city or village is hereby extended to and over the lands acquired under the provisions of this act and the governing body of such municipalities is hereby authorized and empowered to enact by-laws, rules and ordinances for the regulation and protection of such reserves as may be deemed proper and expedient.

Sec. 4. Law applicable to other lands.-Provisions of this law are hereby made applicable to all such real estate as may be or which shall hereafter be acquired under the provisions of Section 5119 of the Revised Statutes for 1913.

Approved, March 13, 1917.

CHAPTER 238.

(House Roll No. 336.)

[Introduced by Messrs. Rieschick and Parkinson.]

AN ACT relating to the inspection and records of well drilling made in Nebraska, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Conservation commission preserve log of well borings. The State Conservation and Welfare Commission shall secure and preserve the logs of deep wells drilled in the state, and preserve specimens from each stratum, member, or formation penetrated in said drillings or borings.

Sec. 2. Inspection of borings.-The State Conservation and Welfare Commission is hereby authorized and given the right to inspect such drillings at any time during their progress and said commission may require the person or persons in charge of the drilling or prospecting to submit full data in regard to the speci

Ch. 239)

Bessey Memorial Fund

577

mens and logs of the wells or borings, and deliver to said commission, specimens from each stratum, member or formation penetrated in said drillings or borings.

Sec. 3. Labels. The logs of wells and specimens secured therefrom shall be properly labelled, described and preserved by said Conservation and Welfare Commission for future use by the commonwealth.

Sec. 4. Emergency. Whereas, an emergency exists, this act shall be in force and effect from and after its passage and approval.

Approved, April 21, 1917.

CHAPTER 239.

(House Roll No. 496.)

[Introduced by Mr. Peterson.]

AN ACT creating the Bessey Memorial Commission; defining its powers and duties; and making appropriation of Four Thousand ($4,000.00) Dollars, and other provisions for carrying out the purposes of this act.

Be it Enacted by the People of the State of Nebraska:

Section 1. Bessey memorial fund. There is hereby created the Bessey Memorial Fund Commission for the State of Nebraska, which Commission shall have the control, general charge, management and disposition of the 'memorial fund created by this act.

Same commission of.-The Board of Regents of the University of Nebraska are hereby made and constituted the Bessey Memorial Fund Commission, with full power and authority to carry into effect the purposes of this act.

Sec. 3. Appropriation. There is hereby appropriated out of any money in the treasury belonging to the general fund and not otherwise appropriated for the creation of the Bessey Memorial Fund contemplated by this act, the sum of Four Thousand Dollars ($4,000.00); said fund to be and constitute a perpetual memorial fund evidencing the high esteem in which the people

of this state hold the memory of the late Professor Charles E. Bessey, who for more than thirty years was closely identified with our State University as professor of botany, Dean of its Agricultural College, Dean of Deans, and repeatedly for years its acting Chancellor. He was a conspicuous figure in American science and education-one of the great teachers of his age, whose work and spirit have been the inspiration of thousands of students-a leader in the development of scientific agriculture, and the value of whose life and service to Nebraska and the west cannot be estimated in terms of money.

Sec. 4. Gifts, etc., to. The said commission is hereby authorized, empowered and directed to accept for said fund gifts and bequests of money or property, whether absolutely or subject to reservation of the income thereof either for a stated period, for the life of the donor, or the life or lives of other persons designated.

Sec. 5. Investment of fund.-Said commission shall from time to time invest and reinvest said fund, as well as all unused increase or accumulations thereof and all additions to said fund which may hereafter be made, in notes secured by first mortgages, at annual or semi-annual interest, on improved farm lands in the state of Nebraska, said lands in each case to be of the fair and actual cash value, exclusive of improvements thereon, of at least double the amount of such mortgage thereon. In all cases hereunder, moneys shall be paid out by the state treasurer only on the direction of said commission, as in cases for the payment of expenses of the university, on appropriation duly made, and all unused funds, together with such notes and mortgages, shall be in the custody of the state treasurer.

Sec. 6. Income.-Said commission shall, as the same is collected, cause to be paid to Lucy A. Bessey, the widow of said Professor Charles E. Bessey, each year during her natural life the income derived from Four Thousand Dollars ($4,000.00) of said fund, and cause to be distributed the remainder of the income derived from said fund annually to such other of the widows and dependents of deceased professors as shall then have acceptably served said university for a period of at least twentyfive years.

In the selection of beneficiaries among whom distribution of said surplus shall be made, said Commission shall exercise its