Sec. 6924x5; [Irrigation; Lists of lands to be watered, gauge heights.] That by the first day of April of each year every person, corporation or association owning or controlling any irrigation ditch, reservoir or other device for appropriating water shall furnish the State Engineer with a list of all lands to be watered through each headgate and measuring flume or other measuring device together with the area of each tract and the total acreage thereof and a list of the names of the officers of any corporation or association owning or in control of any ditch, reservoir or other device for appropriating water in said water division, and the names of any person owning or in control of any ditch, reservoir or other device for appropriating water in said water division, and in time of scarcity of water at the request of the State Engineer, make daily reports of the gauge height of the water at the measuring flume, and mail the same to the superintendent of that water division, or other officer designated by the State Engineer, which lists and reports shall be verified under oath before some officer qualified to administer oaths and affirmations. These lists and reports shall be used as a basis in the distribution of water in each of the subdivisions until the first day of April of the year following. If such person, corporation or association shall neglect or refuse for a period of ten days to furnish such list of land irrigated and such list of officers and owners, the State Board through the State Engineer shall refuse to allow any water to be delivered to or used by or through any such ditch, canal or reservoir or any other contrivance or device for appropriating, using or storing water, and if they deem it necessary, they may construct bars or dams or other obstruction to prevent such delivery or use. SEC. 2. [Repeal.] That Section 6924x5 of Cobbey's Annotated Statutes of the State of Nebraska for the year 1911 [C. S., Ch. 93a, Art. 1, § 69] be and the same is hereby repealed. SEC. 3. [Emergency.] Whereas an emergency exists this Act shall be in force and take effect from and after its passage and approval according to law. Approved, April 1, 1913. CHAPTER 25. (Senate File No. 260.) [Introduced by Mr. W. V. Hoagland.] AN ACT To further define the duties and powers of the State Board of Irrigation, Highways and Drainage providing for appeals from the decisions of the Board, giving the Board supervision over drainage districts empowering the Board to make stream surveys and requiring interstate canals to maintain measuring weirs and repealing Sections 6801, 6802, 6803 and 6804, of Cobbey's Annotated Statutes for 1911 [C. S., Ch. 93a, Art. 2, §§ 22-25]. Be it Enacted by the People of the State of Nebraska: SECTION 1. [State board irrigation; jurisdiction, hearings.] The State Board of Irrigation, Highways and Drainage is given original jurisdiction over all matters pertaining to water rights for irrigation, power or other useful purposes, highways and drainage, and shall adopt rules governing matters coming before said Board. The State Board may refuse to allow any water to be used by claimants until their rights have been determined and made of record in the office of the Board. The Board may request information relative to irrigation, water power, highways and drainage works from any and all county, irrigation, power or drainage officers, and from any other person or persons. The Board shall have public hearings on complaints, petitions or applications in connection with any of the above matters. Such hearings may be had at the time and place designated by the Board. The Board may delegate and authorize the secretary or one of his assistants to represent the Board at such hearings. The Board or its representatives shall have power to administer oaths, certify to official acts, compel attendance of witnesses, take testimony by deposition, as in suits at law, to examine books, papers, documents and records of any county, party or parties interested in any of the matters herein before mentioned, or have such examination made by the qualified representative and shall make and preserve a true and complete transcript of its proceedings and hearings. Upon the hearing, the Board shall receive any evidence and listen to arguments offered or presented relevant to the matter under investigation and the burden of proof shall be upon the person or persons making the complaint, petition or application. After such hearing and investigation, the Board shall render a decision in the premises in writing and shall issue such order or orders duly certified, as it may deem necessary, and said order or orders shall be effective. SEC. 2. [Appeal from determination state board irrigation.] If any county, party or parties interested in irrigation, water power, highways or drainage work effected thereby shall be dissatisfied with the decision of said Board, or with any order adopted by them upon which there has been an order before said Board said dissatisfied county, party or parties effected may institute proceedings in the Supreme Court of Nebraska to reverse, vacate or modify the order complained of. The procedure to obtain such reversal, modification or vacation of any such decision or order upon which a hearing has been had before said Board, shall be governed by the same provisions now in force with reference to appeals and error proceedings from the District Court to the Supreme Court of Nebraska. The evidence presented before the State Board, as reported by its official stenographer and reduced to writing together with a transcript of the record and pleading upon which the decision is based, duly certified in said case under the seal of the State Board shall constitute the complete record and the evidence upon which the case shall be presented to the appellant court; provided, however, that the time for appeal from the orders and rulings of said Board to the Supreme Court shall be limited to sixty days. SEC. 3. [Drainage plans, approval.] All plans for proposed drainage districts shall be approved by the State Board before any contract is let or work begun. The State Board through its representatives shall have authority to order any change they may see fit in said plans and require the drainage district to conform thereto, and shall at all times during the construction have the right to inspect said work and make recommendations pertaining to the same. Upon request of any interested party or parties of a proposed drainage district, the State Board may prepare for them plans and specifications for any proposed drainage work at actual cost of doing the same. SEC. 4. [Surveys.] The State Board may make sur veys of streams, showing locations of possible water power developments, irrigation and drainage projects. SEC. 5. [Measuring weirs, interstate waters.] The State Board shall have the authority to require all parties operating interstate ditches in Nebraska to construct and maintain a measuring weir at or near the state line of a type approved by the State Engineer, and may require said party or parties to furnish daily report of the amount of water crossing said weir into the State of Nebraska. SEC. 6. [Repeals.] That sections 6801, 6802, 6803, and 6804, [C. S., Ch. 93a, Art. 2, §§ 22-25] be and the same are hereby repealed. Approved, April 1, 1913. CHAPTER 26. (House Roll No. 20.) [Introduced by Mr. Richardson.] AN ACT To amend Section 215 of Chapter 66 of the Revised Statutes of Nebraska for 1913, the same being Subdivision g, Section 10662, Chapter XLVII, Cobbey's Annotated Statutes of Nebraska for 1911, and to repeal said Section 215 of Chapter 66 of the Revised Statutes of Nebraska for 1913, the same being Subdivision g, Section 10662, Chapter XLVII, Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch., 72, Art. 8, § 14, g). Be it Enacted by the People of the State of Nebraska: SECTION 1. [Amendment.] That Section 215 of Chapter 66 of the Revised Statutes of Nebraska for 1913, (Subdivision g, Section 10662, Chapter XLVII, Cobbey's Annotated Statutes of Nebraska for 1911) [C. S., Ch. 72, Art. 8, § 14g] be amended to read as follows: SEC. 215. [Railroad rates, discrimination.] Nothing herein shall prevent the carriage, storage or handling of freight free, or at reduced rates, for the state, or for any city, county or town government, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or the transporting free of household goods of express employes or railroad employes, moved in the service of their respective companies; or the transporting free of personal property of those who are employed exclusively by express companies or railroad companies operated by steam; nor to prevent any common carrier from carrying property free with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitation. SEC. 2. [Repeal.] That Section 215 of Chapter 66 of the Revised Statutes of Nebraska for 1913, (Subdivision g, Section 10662, Chapter XLVII of Cobbey's Annotated Statutes of Nebraska for 1911) [C. S., Ch. 72, Art. 8, § 14g] as the same now exists be and the same is hereby repealed. SEC. 3. [Emergency.] Whereas an emergency exists this bill shall take effect and be in force from and after its passage and approval according to law. Approved, April 1, 1913. CHAPTER 27. (House Roll No. 46.) [Introduced by Mr. Bollen.] A JOINT RESOLUTION to amend Section six (6) of Article One (1) of the Constitution of the State of Nebraska. Be it Enacted by the People of the State of Nebraska: SECTION 1. [Amendment [Amendment constitution proposed.] That Section six (6) of Article one (1) of the Constitution of the State of Nebraska be amended to read as follows: . SECTION 6. Jury trials.] The right of trial by jury shall remain inviolate; but in all civil cases and in criminal cases less than felonies, five-sixths of the jury may render a verdict and the Legislature may authorize trial by a jury of a less number than twelve men in courts inferior to the district court. SEC. 2. [Election, ballots.] That at the general election for state and legislative officers to be held in the State |