buildings, and paid out of the saline fund, created as hereinafter stated, and as nearly as may be as provided in section 8 of this act. [1885, chap. 91.]

SEC. 2. [Advertisement-Sale.]-That said commissioner of public lands and buildings, when the said lands have been appraised, shall make a report of the same with the appraised value thereof to the board, and also the appraised value of the improvements on said land and keep a record thereof in his office, and the said board, upon receiving such report, shall at once direct the said commissioner to advertise the lands appraised as aforesaid for sale in at least three newspapers in the state for thirty days before the day of such sale, and on the day mentioned in such advertisement the said lands shall be offered for sale at public auction, and sold to the highest bidder therefor; Provided, Said lands shall be offered in tracts not exceeding one hundred and sixty acres at one time, and shall not be sold at less than the appraised value thereof, exclusive of the appraised value of the improvements on said land, and for the purpose of making such sale the commissioner aforesaid is hereby authorized to employ a competent crier or auctioneer, who shall be paid from proceeds of sales at a rate not to exceed three dollars per day. The said lands,remaining unsold, after having been offered at public sale as aforesaid, shall be kept in the market for private sale at the office of said commissioner for such time as the board may deem proper, not to exceed one yearsubsequent to such sale; when the residue, if any, shall be advertised in like manner and again offered at public sale. And in case any of said lands shall remain unsold after having been offered at public sale the second time, such remaining lands shall be re-appraised and again offered for sale at public auction, upon notice of such sale being given as above provided, and the lands remaining unsold after having been offered at public sale under the appraisement shall be kept in the market at private sale, at the office of the commissioner for such time as the board may deem proper, but in no case shall any of said lands be sold for less than the appraised value thereof in addition to the appraised value of the improvements thereon, and all the proceeds realized from such sales shall be deposited by the commissioner of public lands and buildings in the state treasury, (except the amount realized for the improvements upon said lands, which amount shall be immediately paid to the owner or owners of said improvements,) making also a detailed statement to the board of the lands sold, and the funds received therefor, and such moneys when deposited with the treasurer, shall constitute what shall be known as the saline fund of the state, and disbursed in the manner hereinafter set forth and no other; Provided, That only so much of said lands shall be sold as may be necessary to raise the amount hereby appropriated, and that none of said lands shall be sold for less than seven ($7) dollars per acre.

SEC. 3. [Certificate of purchase.]-Whenever any of the lands shall be sold and the purchase price paid, the commissioner of public lands and buildings shall issue a voucher to the purchaser under his seal, showing the name of the purchaser, the description of the land sold, the purchase price, and that the same has been duly paid. The purchaser, his agent, or attorney, shall file said voucher in the office of the governer, and the governor shall thereupon issue to the purchaser a deed or patent from the state of Nebraska, conveying to him the land described in the voucher, which deed or patent shall be duly countersigned by the secretary of state, and shall then be entitled to be recorded in the record of deeds of the county in which the lands are situated.

SEC. 4. [Sinking test well.]-For the purpose of procuring a greater supply of brine than naturally flows on said basin, the said board is authorized and directed, whenever the funds derived from the sale of lands, as aforesaid, shall be sufficient for that purpose, to order the said commissioner to make a contract on the part and behalf of the state, subject to the approval of the board, for the sinking of a well in such a manner, of such depth, and at such point on such basin, as shall, in their opinion, best subserve the interests of the state. Said well shall be tubed with iron tubing of sufficient thickness to effectually exclude all veins and flows of fresh water passed through in sinking the same. After the

well has been completed, and it is demonstrated that brine of sufficient quantity, quality and strength has been secured to warrant the manufacture of the same into salt, said board are directed to procure the necessary pumps, pipes, and fixtures to pump said brine into the reservoirs and acqueducts (constructed by them under the provisions of this act, and said board are hereby authorized to construct more reservoirs and acqueducts,) whenever, in their opinion, the best interests of the state shall demand the same. But if upon the completion of said well, it is demonstrated that brine of sufficient quantity, quality and strength has not been secured to warrant the manufacture of the same into salt, said board shall discontinue its operations as contemplated in this act, and no further expenditure of funds shall be made by said board.

SEC. 5. [Contracts for dykes and ditches.]-When sufficient of said lands have been sold as aforesaid, after the completion of the well and the securing of brine of sufficient quantity, quality and strength to warrant its manufacture into salt, it shall be the duty of the board to direct the said commissioner to make such contract or contracts on the part and behalf of the state as may be neces sary, subject to the approval of the board, for building all dykes, and digging all ditches which may necessary to prevent what is known as the big salt basin, situated on section twenty-one, in township number ten, north of range six, east of the sixth principal meridian, from being flooded with fresh water; and the said commissioner is hereby authorized to employ a suitable and skillful engineer and necessary assistance to examine the grounds, estimate the work, and ascertain and report what dykes and ditches are necessary for the purpose aforesaid, and the estimated cost of the same, and said board are authorized to audit and allow a reasonable compensation for the services of such engineer and his assistants.

SEC. 6. [Reservoirs and aqueducts.]-Whenever the fund arising from the sale of said lands as aforesaid shall be sufficient, after having made the necessary dykes and ditches to prevent the basin aforesaid from being flooded with fresh water, the balance of said fund, or so much thereof as may be necessary, shall be expended under the direction of said board in constructing reservoirs and aqueducts and in procuring such pumps and pipes as said board shall determine to be necessary to pump the brine out which shall flow on said basin into the reservoirs and aqueducts, constructed as aforesaid, to the end of supplying manufacturers of salt with brine in the largest quantity and of the best quality.

SEC. 7. [Geological record.]—It shall be the duty of the board, during the progress of the sinking of the well, to provide for keeping a correct geological record of all strata passed through, and for this purpose they are hereby authorized to employ a competent geologist to keep said record, and to pay him therefor, out of the saline funds, a reasonable compensation for such services not to exceed two hundred and fifty dollars.

SEC. 8. [Payments.]-The board shall, from time to time, as the work progresses and the money is being expended by them in carrying out the provisions of this act, issue vouchers to the persons entitled to the same, and the auditor is hereby authorized and directed to draw his warrant on the treasurer against the saline fund of the state for the amount of said voucher; Provided, further, That in cases when work is being done or machinery furnished under contract, the board shall, in issuing the voucher, retain twenty per cent of the estimated amount of labor done or material or machinery furnished under said contract, and only issue a voucher for eighty per cent of the same, until the whole contract shall have been complied with and the work, material or machinery shall have been accepted by said board, and after such acceptance the board shall issue a voucher for the whole balance remaining unpaid on said contract.

SEC. 9. [Leasing for manufacture.]—The said board are hereby authorized and directed to enter into such contract or contracts and lease or leases, on the part of the state, with corporations, associations or individuals, for the manufacture of the brine, (pumped into the reservoirs and aqueducts aforesaid.)

into salt, as will best secure the manufacture of salt on the largest scale and insure the permanent development of the saline interests of the state of Nebraska, and for this purpose the said board are authorized to lease the party or parties entering into contracts with the state for the manufacture of salt, any and all saline lands owned by the state and lying contiguous or near to the reservoirs and aqueducts aforesaid, for the purpose of allowing said lessees and contractors to erect on said lands, buildings, arches, vats, fixtures and machinery necessary or convenient to have in the manufacture of salt. All of said contracts for the manufacture of salt from said brine and the leases on said lands for the erection of fixtures for the manufacture of the same, shall expire on the first day of January, A. D. 1920, and each of said contracts shall contain the following conditions and stipulations: First, That the said lessees and parties entering into contracts with the state, shall pay into the saline fund of the state of Nebraska, in consideration of the privilege of manufacturing salt from the brine furnished by the state in the reservoirs and aqueducts aforesaid, one per cent per bushel of seventy pounds on all salt manufactured during the continuance of such contract or lease. Second, That the said contractors or lessees shall commence the manufacture of salt within ten days after notice from said board that there is brine in the aqueducts and reservoirs, of the required strength, ready for manufacture. Such contracts shall contain such provisions in regard to the strength of the brine to be manufactured as shall in the opinion of the board, be consistent with the equitable rights of the contractors and the best interests of the state. Third, The contractors and lessees, their heirs and assigns, at the expiration of said contracts and leases, shall, at their option, surrender up the demised premises and remove therefrom all buildings, vats, arches, machinery, fixtures, and property of every kind belonging to them, or demand in writing a renewal of their contracts and leases of the said board, and the state shall, at its option, either renew said contracts and leases or take possession of all such buildings, vats, arches, machinery, fixtures and property, and pay to the contractors and lessees, their heirs and assigns, a just compensation therefor, the value to be determined by disinterested appraisement, the appraisers thereof to be appointed by the said board of public lands and buildings. Fourth, Each person, or if a firm or association, some member thereof, or if a corporation, the secretary thereof, shall make a return under oath to the commissioner of public lands and buildings, on the first day of August and December of each and every year during the continuance of the lease or contract, in such form as he may prescribe, the amount of salt manufactured by such person, firm, association, or corporation, not previously reported, and pay the rent or royalty hereinbefore provided for, and a failure on the part of the contractors or lessees to make such report and pay the rent or royalty aforesaid for the space of ninety days after the report should have been made, or the royalty paid, shall forfeit said lease or contract; Provided, That no land within what is known as the "big basin," shall be leased to any person or persons, and that no more than one hundred rods frontage upon said basin, nor more than two hundred acres of the lands herein described, shall be leased to any one person, association or corporation."

SEC. 10. [Repairs.]-It shall be the duty of the board of public lands and buildings to see that all ditches, dykes, reservoirs, aqueducts, fixtures, and machinery, and other property belonging to the state and used in and about the manufacture of salt as in this act are contemplated are kept in good repair, and the commissioner of public lands and buildings is hereby authorized to enter into all necessary contracts for that purpose. The expense of said repairs shall be paid out of the saline funds, and as nearly as may be in the manner prescribed by section eight of this act.

SEC. 11. Appropriation.]—That the sum of fifty thousand dollars, or as much thereof as is necessary is hereby appropriated out of the saline fund of the state for the purpose of carrying into effect the provisions of this act, and the auditor is hereby authorized and directed to draw his warrant on said fund for that purpose.

SECTION 1. [Purchase by school districts.]-The school district in which there be state land, school land, land of the school fund or otherwise, is empowered to purchase from the state any portion of such land, not exceeding forty acres, for school purposes, at not less than seven dollars per acre, and at the appraised value, which appraisment shall be made by the county treasurer and as many as two of the school officers of such school district, without compensation. [1885, chap. 84.]

SEC. 2. [Purchase by churches and cemetery associations.]— That any church or cemetery association or corporation having control of a cemetery in a school district where there be such land referred to in the first section of this act, such church association or corporation may purchase from the state any portion of said lands, not exceeding ten acres, for church or cemetery purposes, at the appraised value. Such appraisment may be as provided for in sales of school lands to individuals; Provided, That when such land hath been previously the land required may be purchased at the former appraisment, but not lower than seven dollars per acre.

SEC. 3. [Same.]-That in the event of there being a school house, cemetery or church building being located upon school land or any land of the state which has been or may hereafter be sold to any individual, corporation or parties, such school district, church or association, with the written consent of the purchaser or occupant, may purchase land for the purposes specified and obtain a deed from the state at the price of the purchaser, assignee or occupant is to pay. The sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.

SEC. 4. [Sales for cash.]-Sales of land made for the special purpose herein contemplated shall be for cash, and if there be buildings on such land belonging to the state such buildings are to be appraised and sold separate.

CHAPTER 70.-PUBLIC BUILDINGS.

SECTION 1. [Doors to open outward.]-That all public buildings now in process of construction, or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement, instruction, or other purpose, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that they shall open outward, and that all means of egress for the public from the main hall or principal room and from the building, shall be by means of doors which shall open outward from the main hall or building. [1877 § 1, 117.]

SEC. 2. [Doors opening outward, changed.]-That all public buildings now built and used for any of the purposes mentioned in section one of this act, shall within one year from the first day of July, A. D. 1877, be so changed that their doors and means of egress shall be in conformity with the provisions of this act; Provided, That the provisions of this section shall not apply to churches and school houses already erected in rural districts.

SEC. 3. [Violation of act-Penalty.]-That any person or persons who shall fail or refuse to comply with the provisions of this act, shall be fined in any sum not less than one hundred dollars, nor more than one thousand dollars.

SEC. 4. [Same-Buildings closed.]-That in all cities and towns having

"An act to enable school districts, churches and cemeteries to purchase land from the state." See also last section of art. I., chap. 80, post.

a population of one thousand inhabitants and upwards, the mayor of said town or city shall be, and he is hereby authorized, to close and prohibit all public buildings from being used for any of the purposes mentioned in section one of this act, until the provisions of this act shall be complied with.

CHAPTER 71.-QUO WARRANTO AND MANDAMUS.*

SECTION 1. Quo warranto by private person.]-When any citizen of this state shall claim any office which is usurped, invaded, or unlawfully held and exercised by another, the person so claiming such office, shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecute said information to final judgment; Provided, He shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same. [R. S. 279. G. S. 871.]

SEC. 2. [Mandamus by private person.]-Any private person may, on his own relation, sue out writs of mandamus, without application to the prosecuting attorney.

SEC. 3. [Costs.]-Persons suing out either of the writs under the provisions of this chapter, shall be liable to costs as in civil cases.

SEC. 4. [Supreme court.-Proceedings in the supreme court in applications for mandamus shall be regulated by chapter 3 of title 18 of the code of civil procedure, in applications by quo warranto by title 23 of said code, and in application for habeas corpus by chapter 25 of the criminal code; and all other provisions of law relating to those remedies, shall be applicable to said proceedings when had in said court exercising its original jurisdiction. [1867 § 1, 47.]

SEC. 5. [District court.]-The several district courts shall have and exercise concurrent jurisdiction with the supreme court in the several kinds of action enumerated in the foregoing section, and the mode of proceeding and the practice relating thereto shall be the same as that obtaining in the supreme court as herein provided and as now provided by law. [Id. § 2.]

CHAPTER 72.-RAILROADS.

ARTICLE I.—DUTIES AND LIABILITIES. †

SECTION 1. [Fencing.]-That every railroad corporation whose lines of road or any part thereof is open for use, shall, within six months after the passage of this act, and every railroad company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such railroad or any part thereof are open, erect and thereafter maintain fences on the sides of their said railroad, or the part thereof so open for use, suitably and amply sufficient to prevent cattle, horses, sheep, and hogs from getting on the said railroad, except at the crossings of public roads and highways, and within the limits of towns, cities, and villages, with opens, or gates, or bars at all the farm crossings of such railroads, for the use of the proprietors of the lands adjoining such railroad, and shall also construct, where the same has not already been done, and hereafter maintain at all road-crossings, now existing or hereafter established, cattle guards suitable and sufficient to prevent cattle, horses, sheep, and hogs from getting on to such railroad, and so long as such fences and cattle guards shall be made after

*NOTE.-Chap. XLII. R. S. 279. Chap. 60, G. S. 871.

SEC. 1. The courts are not deprived of jurisdiction in cases of quo warranto or mandamus by the provisions of the election law on contested elections. 4 Neb. 514. 11 Id. 106. An information filed by consent of the district attorney, but not officially signed by him, held no error. 4 Neb. 512. An officer required to give an additional bond would not be excluded from performance of his duties, because he had neglected to do so, until a demand first made in that behalf. 1 Neb. 202. See note to sec. 645 civil code. Jurisdiction in quo warranto. 13 Neb. 529. Attorney general proper officer to commence proceedings in supreme court. 15 Neb. 444. SECS. 4-5. "An act to regulate the prosecution of cases of original jurisdiction in the supreme court." Laws 1867, 47. G. S. 254. Took effect June 10, 1867. The reference to chap. 25 criminal code refers to criminal code of 1866, since repealed. But see secs. 353-376 of criminal code now in force, post.

tART. I. "An act to define the duties and liabilities of railroad companies." "Laws 1867, 88. G. S. 201. "Took effect June 22, 1867.