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stances shall be set apart in pipe lines, tanks or other receptacles, suitable for receiving the same, to the credit and benefit of the state, or, at the option of the state and by the approval of the State Board of Educational Lands and Funds, the lessee shall pay each thirty days into the proper educational fund of the state through the county treasurer of the county in which the land is situated the gross market value thereof in cash. The state shall reserve the right to fully use and enjoy for tillage or other agriculture the area leased for minerals, except such parts thereof as may be necessary for mining and development purposes and a right of way over and across said premises to the place of mining, or operating, and for pipe lines. Lessee shall pay for all damages to growing crops, caused by his operations and for the use of the land necessarily occupied. The lessee shall have the privilege of using sufiicient gas and water from the premises leased to run necessary boilers and engines incident to, and used in the operations of the drills, mines or development of products covered by the lease, the right to remove the machinery, fixtures and buildings placed 011 said premises by said lessee, or those acting under him, and is not to put down any well for oil or gas or make any excavation or erect any building or structures, on lands leased, within ten rods of buildings already upon the premises, without consent from the Board of Educational Lands and Funds. Provided, the state, or its authorized agent, may pay for and retain any structures or improvements sought to be removed by the lessee upon abandonment, expiration, or cancellation of the lease.
Sec. 9. Two applicants for same 1and.——Where two or more applications are received for the same land, the rights thereon may be awarded to thelegally qualified applicant paying the highest and best bid to be determined by taking into consideration both the bonus and royalty, the award being made after proper legal notice in such manner as the State Board shall determine best calculated to protect public interest.
See. 10. Rights of state in leased land—The right of the state, or its authorized agents, to enter upon its own lands, and to remove therefrom any substances necessary for road construction, or in structures of public buildings, or other public or general Ch. 7) Assignments 47
purposes, shall not be denied or abridged by any lease granted hereunder.
Sec. 11. Assignments by lessee—No assignment shall be valid without it has the approval of the Board of Educational Land and Funds and has been recorded in the oflice of the Commissioner of Public Lands and Buildings, and, if the grantee is otherwise legally disqualified, approval by the Board, or recording, will not make such assignment valid. Any association, cor- porate or otherwise, operating on state lands, transferring its interests or capital stock, or more than ten per cent thereof, to any association or corporation which is legally disqualified for holding, or which has its full quota of state leases, will render the leases it holds void, upon an order of the State Board, or act of the legislature, the purpose of this act being to prevent for all times, directly and indirectly, the monopolization of natural resources of the State of Nebraska.
Sec. 12. Potash lakes partly on state land—In case of alkali, potash, or saline lakes, ponds or marshes, located partly upon state lands and partly upon private lands, such shall be measured, tested and analyzed by the State Conservation and Soil Survey, who shall report to the State Commissioner of Public Lands and Buildings, and the proportion of the area and content to each owner determined from such report. If the state lessees and private owners or lessees are unable to agree for joint operation of such area, no alkali, potash or salines in solution, shall be removed from such ponds, lakes, or marshes until after thirty days notice by registered mail to all parties concerned. Either party or all parties may then operate by rendering monthly an accounting to the State Land Commissioner and by paying to the county treasurer in the county in which the land is located, for the state educational funds, the royalty due the state, as determined by the Board of Educational Lands and Funds; provided that the state shall, at all times, be permitted to examine the books and methods of bookkeeping with relation to the accounts in which the state is interested, and to furnish, if deemed necessary by the board. assistants to make analyses or for checking the quality and quantity of mineral substances removed.
Sec. 13. Meander water border lines.—Meandercd lakes, and streams, and shore lines of which were meandered by the government surveys and the beds thereof are declared to be the property of the state for the benefit of the public, and revenues therefrom and resources therein shall be subject to such laws and regulations as govern common school lands. All moneys derived from operation of this act shall be for the permanent educational funds of the state, and where it comes to the knowledge of the Commissioner of Public Lands and Buildings that waste or spoil has been committed upon any state land, he shall cancel the contract for such lands forthwith upon his records. Provided, however, that nothing herein contained shall be construed as claiming title in the State of Nebraska to any lakes or streams or that portion of a lake or stream located upon lands, patents to which have been issued by the United States to private individuals or persons. I
See. 14. Rights of lessee in lands—Any person operating pumps, or providing channels, or altering natural conditions in any way, by which the waters and valuable substances upon or in public lands and waters of the state are taken, drained or removed, without first securing approval of the Board of Educational Lands and Fhlnds, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum of not less than $25.00, nor more than $1,000 for each offense, in addition to the value of the product removed.
Sec. 15. Rules and regulations—state board make—Rules may be adopted by the Board of Educational Lands and Funds found necessary for carrying out the purposes of and provisions of ’this Act, and such rules, where not in conflict herewith, shall have all the force and effect of the Act itself.
Sec. 16. Rights of holder of invalid leases—The holders of mineral leases heretofore granted by the Board of Educational Lands and Funds, which leases have been declared invalid, may apply, under the direction of this act, for new leases, and the Board may in its discretion determine if the bonus and royalty is equal or better than the bona fide competitive bids. If the lessee has made extensive or expensive preparation and is prepared for proceeding with development, the Board may in its dis
Ch. 8) Actions 49
cretion consider the same and issue new leases to said lessee under and by virtue of this act.
Sec. 17. Saving clause.—Should the courts declare any section or any part of a section, of this article unconstitutional or unauthorized by law, or in conflict with any other section or part or subdivision of a section or provision of this article, then such decision shall efiect only the section or part or subdivision of a section, or provision so declared to be unconstitutional, and shall not effect any other section or any other part or subdivision of a section or provision of this article. It is further expressly provided that each section and each part or subdivision of a section herein, so far as an inducement for the passage of this bill is con cerned, is independent of every other section, and every other part or subdivision of a section, and not any section or any part or subdivision of a section is an inducement for the enactment of any section or part or subdivision of a section.
See. 18. Repeal—Section 5870 of the Revised Statutes of 1913 is hereby repealed.
Sec. 19. Emergency—Whereas, an emergency exists, this Act shall be in full force and effect from and after its passage and approval.
Approved, April 9, 1918.
AN ACT to protect the rights of persons in the military and naval forces of the United States in proceedings before courts, county judges and justices of the peace.
Be It Enacted by the People of the State of Nebraska:
Section 1. Actions of law against absent soldiers—continuance of.--That hereafter during the continuation of the present war and for six months thereafter when a default is asked in any court or before any county judge or justice of the peace, the court, judge or justice of the peace shall demand a showing whether the party in default is in the military or naval service of the United States, and if it appears that he is, then and in that event the court shall appoint a reputable attorney at law of the county guardian ad litem to act for and on behalf of such defaulting party, without fee or compensation, and at every step in the further progress of the case the court shall make such orders as to continuances and stays as shall fully conserve and save the rights of such party. '
Sec. 2. Same—Any suspension or stay granted under the terms of this act may be for such period of time as the court granting the same may deem proper, but in no event for a period longer than the duration of the present war and six months thereafter; and upon the termination of such period so fixed by the court, such suspension or stay, if not continued or renewed, shall cease, and thereafter the cause or proceedings, so suspended, may proceed as if there had been no suspension or stay therein, but subject, however, to any reasonable conditions which the court may deem proper to impose in the interests of justice.
Sec. 3. Emergency.—Whereas an emergency exists, this act shall take effect and be in force from and after its passage and approval.
Approved, April 8, 1918.
AN ACT defining the crime of sabotage and providing for the punishment thereof.
Be It Enacted by the People of the State of Nebraska:
Section 1. Sabotage defined—Any person who shall mali-i ciously destroy or injure any railroad, railroad rolling stock or