Sec. 8745. [Commission plan, abandonment.] Any city which shall have operated for more than four years under the provisions of this act may abandon the provisions of this act and the organization thereunder, and accept the provisions of the general law of the state then applicable to cities of its population, by proceeding as follows:

Upon a petition signed by such number of the qualified electors of any such city as equals at least twenty-five per centum of the highest vote cast for any of the councilmen elected under this act at the last preceding general or regular election in any such city, being filed with and found sufficient by the city clerk or clerk of such council, a special election shall be called in any such city, at which special election the following proposition only shall be submitted: "Shall the city (name of city) abandon its organization under (naming the chapter of the published law containing this act) and become a city under the general laws of the state governing cities of like population?" If a majority of the votes cast at any such special election be in favor of such proposition, the officers elected at the next succeeding general city election in any such city shall be those then prescribed by the general law of the state for cities of like population, and upon the qualification of such officers, according to the terms of such general state law, such city shall become a city governed by and under such general state law; provided, however, that if such special election be not held and the result thereof declared at least fifty days before the general election date in any such city, then such city shall continue to be governed under the provisions of this act until the second general city election occurring after the date of such special election, and at such general city election the officers provided by such general state law for the government of any such city shall be elected and upon their qualification the terms of office of the councilmen elected under the provisions of this act shall cease and terminate.

The sufficiency of the petition asking for such special election shall be ascertained by the city clerk in the same manner as is heretofore provided as to petitions asking for the removal of any such councilmen and such petition may be supplemented and the sufficiency thereof ascertained in the manner hereinbefore pointed out for such removal and the

date of holding such special election after the sufficiency of such petition be ascertained shall be the same as herein before pointed out for such removal and the general form of the ballot to be used at such special election shall be the same as hereinbefore pointed out for such removal and the general form of the ballot to be used at such special election shall be the same as herein before provided for voting upon the adoption of this act, and the qualification of the electors and the classes of voters who may be aided in casting their ballots at such special election shall be the same as hereinbefore pointed out forthe election of councilmen under the provisions of this act. Provided that nothing in this act shall in any wise be construed to interfere with or prevent any city at any time from framing and adopting a charter for its own government as provided by the constitution of the State of Nebraska and in exercising the right to frame its own charter in accordance with such provision of the constitution, it shall not be obligatory upon any city to adopt or retain any of the provisions of this act.

SEC. 9. [Repeal.] That Sections 8725, 8726, 8728, 8729, 8730, 8731, 8732, 8745 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for the Year 1911 [C. S., Ch. 14a, Art. 3, §§ 19, 20, 22-26, 39], as now existing be and the same are hereby repealed.

SEC. 10. [Emergency.] Whereas an emergency exists, this act shall take effect and be in force from and after its passage and approval.

Approved, March 28, 1913.

CHAPTER 22.

(Senate File No. 415.)

[Introduced by Mr. Bushee.]

AN ACT To amend Section 6852 of Cobbey's Annotated Statutes of Nebraska for the year 1911 [C. S., Ch. 93a, Art. 3, §6], in relation to Irrigation Districts, and repealing said original section.

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

SECTION 1. Amendment.] That Section 6852 of Cobbey's Annotated Statutes of the State of Nebraska for the

year 1911 [C. S., Ch. 93a, Art. 3, § 6] be and the same is hereby amended to read as follows:

[Irrigation, election board, duties] One of the judges shall be chairman of the election board and may: First, administer all oaths required in the progress of an election. Second, appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election. Before opening the polls each member of the board must take and subscribe to an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The polls must be opened at eight o'clock on the morning of the election and be kept open until six o'clock P. M. of the same day; provided that in districts embracing twelve thousand acres or less, the polls may by direction of the board of directors be opened at one o'clock P. M. and be kept open until five-thirty o'clock P. M. of the same day.

SEC. 2. [Repeal.] That Section 6852 of Cobbey's Annotated Statutes of the State of Nebraska for 1911, [C. S., Ch. 93, Art. 3, § 6] be and the same is hereby repealed. Approved, April 1, 1913.

CHAPTER 23.

(House Roll No. 154.)

[Introduced by Messrs. Mockett, Jeary, Quiggle, Burket, Richardson and Buckner.]

AN ACT To provide for the purchase, construction, reconstruction, acquiring, extending, maintenance and operation of municipal electric and gas plants, street railways, telephone plants, lines and systems, and other public service and public utility properties and plants of any kind and description by cities of the first class, having a population of more than forty thousand and less than one hundred thousand inhabitants, with power to fix rates and with power to borrow money and pledge the credit and property of said cities upon their negotiable bonds, or otherwise, for such purposes, and to repeal Sections 115 and 116 of Article 1, of Chapter 13, Compiled Statutes of Nebraska for 1911, [A. S. §§ 8014, 8015], and to declare an emergency.

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

SECTION. 1. [Cities 40,000–100,000; public utilities, purchase, construction, operation, bonds, election.] That all cities of the first class having more than forty thousand and less than one hundred thousand inhabitants shall have power to purchase, construct, and otherwise acquire, own, and operate gas and electric plants and properties for the manufacture and distribution of gas, heat, and electricity for the purpose of supplying the city and the inhabitants thereof with such service and utilities, and to purchase, construct or otherwise acquire, own and operate street railways and telephone plants, lines and systems, and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities and to purchase, lease and otherwise acquire and own such real estate, rights-of-way, and personal property, rights and franchises as may be necessary therefor, to-gether with all appliances, equipment and machinery, necessary or incident to the proper operation and maintenance of any such public service plants or properties, and to reconstruct, extend, enlarge or alter any such public service plants or properties now or hereafter owned by any such city, and to condemn any real estate, buildings, personal property, rights and franchises, necessary or convenient for any such properties, under procedure substantially as provided for condemnation of rightsof-way for railroads, and to operate and maintain any such public service properties, and such cities shall have all powers incident to those herein expressly granted or necessary for their exercise, including the power to borrow money and pledge the city's credit upon its negotiable bonds, to an amount necessary to carry out any or all of the powers herein granted, and to provide by taxation or otherwise the necessary funds to pay the principal and interest of such bonds; provided, however, that before any such bonds shall be issued for such purposes, the questions of the issuance thereof, together with the purpose therefor, shall be submitted to the electors of such city and authorized by a majority vote of such electors voting thereon at a general election; provided that said question may be submitted at a special election called for that purpose, and, in such case, it shall require, to carry the same, an affirmative

vote of sixty per cent. of all the votes cast on such proposition, and the city council shall provide by ordinance the method of calling such special election and the submission of such question; and, provided further, that the powers herein conferred shall authorize the acquiring, maintaining, and operating of any such public service properties extending beyond. the city limits and to and through municipalities within ten miles of the limits of said city.

SEC. 2. [Same, income application, rates.] The income received by such city from any public utility provided for in this act shall be first applied to the payment of the current expenses thereof and the interest on any bonds issued for its purchase or construction, and the surplus, if any, shall be used for the extension and improvement of such system or retained as a sinking fund for the payment of such bonds. The council shall have the exclusive power to fix the rates of charges for all such public utilities and make all necessary rules and regulations for the management, use and control of the same.

SEC. 3. [Repeals.] That sections 115 and 116 of Article 1, of Chapter 13, Compiled Statutes of Nebraska for 1911, [A. S. 8014, 8015] and all acts and parts of acts inconsistent herewith, be, and the same are hereby repealed.

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

Approved, April 1, 1913.

CHAPTER 24.

(Senate File No. 110.)

[Introduced by Mr. W. V. Hoagland.]

AN ACT To amend Section 6924x5 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 93a, Art. 1, § 69], relative to irrigation.

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

SECTION 1. [Amendment.] That section 6924x5 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 93a, Art. 1, § 69] be amended to read as follows: