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For any violation of any of the foregoing provisions of this section, the offender, upon conviction thereof, shall be fined not less than one hundred dollars nor more than three hundred dollars and costs of prosecution, and be committed to the county jail until such fine is paid, but not exceeding six months; and all cigarettes, cigarette papers or wrappers, and papers made or prepared for the purpose of making cigarettes in his possession or in his place shall be confiscated and forfeited to the State.

It shall be unlawful for any person not authorized hereby, with intent to defraud the state, to make, alter, forge, or counterfeit any license or stamp provided for in this Act or have in possession any forged, counterfeited, spurious or altered license or stamp, knowing the same to be forged, counterfeited, spurious, or altered, and whoever is found guilty of any violation of this provision shall be fined not more than one thousand dollars ($1,000.00) and be imprisoned in the state penitentiary not more than three years.

Section 6. The State Auditor shall prepare and have suitable stamps for use on each kind of package prescribed in Section 5 of this Act. Upon requisition from the State Treasurer, the State Auditor shall deliver to his order the stamps designated in such requisition, and shall charge the Treasurer of the State with the stamps thus deliverd, and shall keep an accurate record of all stamps coming into and leaving his hands. The State Treasurer shall sell the stamps herein provided for only to dealers holding permits issued as provided in this Act, and the moneys received from the sale of said stamps shall be turned into the General Fund of the State.

Section 7. In the enforcement of this Act, the State Food and Drug Commissioner and the State Treasurer may call to their aid the Attorney General, any State's Attorney, or any peace officer. The State Treasurer is further authorized to appoint such clerks and additional help as may be needed to carry out the provisions of this Act. The Food and Drug Commissioner shall not appoint any deputy or other employee especially for the enforcement of the provisions of this Act, but the duties imposed herein upon the Food and Drug Commissioner shall be performed contemporaneously with the performance of the other duties of such Commissioner.

Section 8. Any person, firm of corporation violating any of the provisions of this Act, or maintaining a place where such cigarettes or cigarette papers are sold or kept with intent to sell in violation of the provisions of this Act, shall be deemed guilty of keeping and maintaining a nuisance, and the building or place so used for the sale or keeping for sale of cigarettes or cigarette papers, or wrappers, in violation of the provisions of this act shall be deemed to be a nuisance, and such person, firm or corporation may be enjoined and such building or place abated as a nuisance, and the procedure for the actions to enjoin and abate such nuisance, or for contempt in violating an order of injunction, shall be, so far as applicable, the same as those now provided by the laws of this State for enjoining and abating intoxicating liquor nuisances. Approved February 27, 1923.

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Common Carriers

CHAPTER 124.

(S. B. 243.)

RELATING TO TRANSPORTATION BY AUTOMOBILES

AN ACT Entitled, An Act to Regulate the Transportation of Persons and Property Both by Automobile, Jitney Busses, Auto Trucks, Auto Stage, or Other Motor Vehicle, Over the Public Highways of the State, Where Compensation for Such Transportation is Charged, Making Such Business that of a Common Carrier Under Jurisdiction of the Board of Railroad Commissioners, Requiring a Certificate of Authority to be Secured, the Furnishing of a Bond Against Injury to Passengers or Loss or Damage to Property in Transit, Uniform System of Accounts to be Kept, Quarterly Statements Rendered, Creating a Gross Earnings Tax Providing for the Distribution of Such Tax, Revoking of Certificate of Authority for Non-Payment of Tax, Requiring Compliance With Act Before Charge for Service can be Made and Providing Penalties.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. Auto Vehicle Transportation-Common Carriers. All automobiles, jitney busses, auto trucks, auto stages, or other motor vehicles, propelled by steam, gas or electricity, which shall be operated for profit upon and over the public highways of this state, for the purpose of transporting persons, property or both, between designated towns, cities or other beginning or destination points in this state, under a regular or irregular schedule, are hereby declared to be common carriers, and as such are subject to control and regulation by the Board of Railroad Commissioners as in this chapter provided.

Section 2. Regular and Irregular Schedule Defined. "Regular Schedule" as herein used shall mean an advertised service scheduled to depart from specified towns or cities, over a regular route, at definite hours and upon specified days of the week. "Irregular Schedule" shall mean service of a somewhat irregular schedule depending upon whether there be passengers, express or freight ready for transportation.

Section 3. Application for Certificate of Authority. Before any person, association, partnership or corporation shall be permitted to engage in the business of transporting persons or property or both over and upon the public highways of this state by any motor vehicle, as in the foregoing sections provided, according to a regular or irregular schedule, between specified points in this state, such person, association, partnership or corporation shall first apply to the Board of Railroad Commissioners for a certificate of authority to conduct the business of such common carrier, which application shall be made in writing and accompanied by a registration fee of five ($5.00) dollars and filed with the Board and a duplicate thereof furnished the State Highway Commission, and shall specify the following particulars: the name of applicant; points in this state between which it is proposed to operate; the number, size, and make of motor or vehicles which shall be used in such transportation business and such other reasonable information of similar character as the Board of Railroad Commissioners may require.

Section 4. Duty of Board Prior to Issuing Certificate of Authority. Upon receipt of such application, the Board of Railroad Commissioners shall, after compliance by said applicant with the conditions hereafter required, grant to such applicant a certificate of authority to conduct the business of common carrier by motor vehicle between the points along the route and according to the schedules therein designated. Section 5. Bond and Undertaking Required. No person, association, partnership, corporation or other company of any kind shall receive a certificate of authority to operate and engage in the business of common carrier by auto vehicle upon and over the public highways of this state until such common carrier shall have furnished and filed with the Board of Railroad Commissioners a good and sufficient bond and undertaking running to the State of South Dakota, with good and sufficient sureties thereon, in the penal sum of not less than three thousand dollars and not more than fifty thousand dollars, proportioned by the Board of Railroad Commissioners according to the number of auto vehicles employed and used by such common carrier in carrying on such transportation business. Such bond and undertaking shall provide that the principal and sureties thereon shall be liable to any passenger or passengers, for damage caused by the negligence of said common carrier in the operation of its transportation equipment. Such bond shall also cover loss or damage to goods, wares or merchandise while in transit. An action may be maintained upon said bond by any passenger injured through the negligent operation by said common carrier, its agents, or servants, of its transportation equipment or by the owner or shipper of any goods, wares or merchandise lost or damaged while in transit, which action may be brought in the individual name of such passenger so injured or the owner or shipper of such goods, wares, or merchandise so lost or damaged.

Section 6. Uniform System of Accounts. It shall be the duty of the Board of Railroad Commissioners to make investigation in sufficient time before the taking effect of this act to be able to prepare and furnish to all applicants for a certificate of authority, under the provisions hereof, a uniform system of accounts and uniform quarterly reports covering the operation of such common carriers.

Section 7. Records Required to Be Kept-Inspection of SameQuarterly Reports. Every person, association, partnership or corporation hereafter receiving a certificate of authority to conduct the business of a common carrier by auto vehicle, shall fully and faithfully keep a record of its operations in the manner and form as required in the uniform system of accounts herein provided for. Such accounts shall be at all times subject to inspection by the Board of Railroad Commissioners. On or before the 10th day of April, July, October, and January of each year, every common carrier by auto vehicle authorized to engage in such business shall file with the Board of Railroad Commissioners a report, under oath, based upon the information shown in its uniform system of accounts, which report shall designate the number of pasengers carried, the rates charged and the aggregate receipts for such service, the aggregate receipts for the transportation of all goods, wares and merchandise handled, the rates charged and the aggregate weight of such merchandise transported, for each preceding three-months period together with such other reasonable information of a similiar nature as the Board of Railroad Commissioners may require.

Section 8. Gross Earnings Tax-Payment Of. There is hereby created a tax of two (2) per cent upon the gross earnings of each and every common carrier by auto vehicle authorized to engage in the trans

portation of persons and property under the provisions of this act. Such tax shall be due and payable into the state treasury on or before the 10th day of April, July, October, and January of each year, upon the gross earnings of such common carrier in its operations for the three-months period immediately prior thereto.

Section 9. "Gross Earnings" Defined. The term "gross earnings" as in this chapter used shall mean all earnings on the total business done by such common carrier by motor vehicle upon its operation within the state of South Dakota. When transportation service is rendered partly in this state and partly in an adjoining state, the common carrier shall comply with all of the provisions of this act and in making the quarterly statement herein required shall show the total business performed within the limits of this state as fully and completely and in the same manner as herein required of common carriers by auto vehicles operating wholly in this state.

Section 10. Distribution of Tax. The total gross earnings tax paid into the state treasury under the provisions of this Act, together with each registration fee of five dollars, shall be placed to the credit of the State Highway Fund to be expended for maintenance as provided by law for use of such highway funds.

Section 11. Revocation of Certificates of Authority for Non-Payment of Tax. The failure and neglect of any person, association, partnership, corporation or other company authorized under the provisions of this act to engage in the business of common carrier by motor vehicle, to pay two (2) per cent gross earnings tax as herein provided, shall be sufficient cause for the revoking of the certificate of authority granted such common carrier to engage in such business and in carrying out the provisions of this act relative to the payment of such tax it shall be the duty of the State Treasurer, on or before the fifteenth day of April, July, October, and January of each year, to certify to the Board of Railroad Commissioners the name of any person, association, partnership, corporation, or any other company of any kind which has received a certificate of authority to conduct the business of common carrier by motor vehicles upon and over the highways of this state which shall have failed and neglected to pay into the state treasury the two per cent gross earnings tax as in this act provided, and upon the furnishing of such certified list the Board of Railroad Commissioners shall, upon its own motion, make an order requiring the person, association, partnership, corporation, or other company which has failed and neglected to pay the gross earnings tax herein required, to show cause at the office of said board of Railroad Commissioners upon some specific day not less than five nor more than twenty days after service upon said delinquent, why said certificate of authority shall not be cancelled because of the non-payment of such tax. No person, association, partnership, corporation or company of any kind which shall have its certificate of authority revoked for the non-payment of its gross earnings tax, shall again be authorized to conduct such business, until such tax with interest shall have been paid.

Section 12. Rates. No person, association, partnership, or corporation, engaged in the transportation of persons or property along and upon the public highways in this state, for a compensation, where such transportation service is conducted between regular points, upon a regular or irregular schedule, shall be authorized to charge for such service unless it has complied with all other provisions of this chapter and has been regularly authorized to conduct the business of common carrier by motor vehicle.

Section 13. The Railroad Commission shall supervise and regulate all auto transportation companies, and shall promulgate such safety rules or regulations as it may deem wise or necessary to govern and control the operation. of motor vehicles by auto transportation companies for the safety of the traveling public, and shall enforce the same as herein provided.

Section 14. Penalty. Every person and the members of every association, partnership, or corporation actively engaged in the transportation of persons or property over and upon the highways of this state as a common carrier by motor vehicle and shall have received the certificate of authority to engage in such business, who shall refuse, fail, or neglect to keep the system of uniform accounts, make the quarterly reports or who shall falsely state any matter in such reports made or who shall refuse, fail or neglect to obtain the indemnity insurance as in this act required, shall be deemed guilty of misdemeanor and upon conviction thereof shall pay a fine of not less than fifty dollars nor more than five hundred dollars, or shall be confined in the county jail for a period of not more than thirty days, or both.

Approved March 12, 1923.

Constitution

CHAPTER 125.

(S. J. R. 8.)

RECOMMENDING A CONSTITUTIONAL CONVENTION

A JOINT RESOLUTION Proposing and Recommending a Constitutional Convention for the State of South Dakota.

Section 1. Whereas, since the formation and adoption of the Constitution of the State of South Dakota the changes which have come about have so altered the political, social and industrial situation that in many respects our fundamental charter or Constitution is unworkable and impractical; Therefore,

Be It Resolved by the Senate of the State of South Dakota, the House of Representatives Concurring:

That the Legislature of the State of South Dakota recommend to the electors that a Constitutional Convention be called and held to revise the Constitution of the State of South Dakota at the next general election to be held in November, 1924, and that at said election there shall be submitted to the electors the following:

"Shall a Constitutional Convention be called, as recommended by the Legislature?"

That the Secretary of State be and is hereby directed to place said. question upon the official ballot for said election in the same manner as Constitutional Amendments are submitted under the laws of this State.

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