dollars per quarter, and in all towns of less than four thousand inhabitants a license of twenty-five dollars per quarter.

Section 3. That all acts and parts of acts in conflict herewith are hereby repealed.

Approved March 6, 1897.

HOUSE BILL NO. 203.

An Act to amend Section 4800 of the Political Code relative to Legislative Powers of Cities and to enable cities and towns to acquire by purchase, construction or condemnation proceedings water plants, water supplies, franchises, public buildings and sewers.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. That Section 4800 of the Political Code be and the same is hereby amended so as to read as follows:

"Section 4800. The City or town council has power:"

1. To make and pass all by-laws, ordinances, orders and resolutions not repugnant to the Constitution of the United States, or of the State of Montana, or of the provisions of this Title, necessary for the government or management of the affairs of a city or town, for the execution of the powers vested in the body corporate, and for carrying into effect the provisions of this Title.

2. To levy and collect taxes for general and special purposes on all property within the town or city subject to taxation under the laws of the State.

3. To license all industries, pursuits, professions and occupations, and to impose penalties for failure to comply with such license requirements; but the amount to be paid for such license must not exceed the sum required by the State law when the State law requires a license therefor.

4. To fix the amount, terms and manner of issuing and revoking licenses, but the council may refuse to issue licenses when it may deem it best for the public interests.

5. To build or hire all necessary buildings for the use of the city or town, and to heat and light the same.

6. To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and vacate the same.

7. To provide for lighting and cleaning the streets, alleys, and avenues; to regulate the use of sidewalks, and to require the owners of the premises adjoining to keep the same free from snow or other obstruction, to regulate the deposition and removal of ashes, garbage or other offensive matter, in any street, alley, or on public grounds or on any premises, and to provide for levying the cost of such removal as a special tax against the property from which such matter was deposited.

8. To provide for and regulate street crossings, curves, and gutters; to regulate and prevent the use of obstruction of streets, sidewalks and public grounds, by signs, poles, wires, posting handbills or advertisements, or any obstruction.

9. To regulate and prohibit traffic and sales upon the streets, sidewalks and public grounds.

10. To regulate or prohibit the fast driving of horses, animals or vehicles within the city or town.

11. To regulate and control the laying of rail road tracks, and prohibit the use of engines and locomotives propelled by steam or otherwise. or to regulate the speed thereof when used.

12. To require the lighting of any rail road track or route within a city or town, the cars of which are propelled by steam or otherwise, and fix and determine the number, style and size of the lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location of the lamp posts, and to require the construction of crossings on the line of any rail road track or route within the city or town, the cars of which are propelled by steam or otherwise where the said track intersects or crosses any street, alley or public highway, or runs along the same, and to fix and determine the size and kind of such crossing and the grades thereof, and in case the owner of such rail road fails to comply with such requirements, the council may cause the same to be done, and it may assess the expense thereof against such owner, and the same constitutes a lien on any property belonging to such owner within such city or town, and may be collected as other taxes.

13. To license and authorize the construction and operation of street rail roads and require them to conform to the grade of the street as the same are or may be established.

14. To regulate the numbering of houses and lots and to change the

same.

15. To provide for the cleaning of waters, water courses and streams

within the city, or to alter, straighten or widen the same, and the draining and filling in of ponds, wells or shafts on private property when necessary to the public health or public welfare.

16. To license, tax and regulate auctioneers, peddlers, pawn-brokers, second-hand and junk shops, drivers, porters, saloons, billiard tables, tenpin alleys, shooting galleries, shows, circuses, street parades, theatrical performances and places of amusements, within the city or town; provided that the power to license tax and regulate circuses and shows of like character shall extend three miles beyond the limits of the city or town.

17. To require the owners and keepers of pawn, second-hand and junk shops, to keep a record of all articles purchased or pawned to them, which record, and the articles purchased or pawned, are subject to the inspection of all police officers of the city or town.

18. To prevent the keepers of pawn, second-hand and junk shops from purchasing any article from a minor without the written consent of the parent or guardian of such minor.

19. To regulate or prohibit dance houses, gambling houses, hurdy gurdy houses, houses of prostitution, houses of lewd resort, within the city or town limits and within three miles thereof; and further to regulate or prohibit within the city or town limits and within three miles thereof places by whatever named called, or public resort where females act as waitresses or servants and where spirituous or vinous liquors are retailed.

20. To suppress and punish all fraudulent devices and practices for the purposes of obtaining money or property and to prohibit the same or exhibition of immoral publications, prints, pictures or illustrations.

21. To establish markets and market houses, and provide for the supervision and use thereof.

22. To provide for and regulate the inspection of beef, pork, flour, meal and all provisions, oils, whiskey, and other spirits in barrels, hogsheads, and other vessels; to regulate the inspection of milk, water, butter, lard and other provisions; to regulate the vending of meat, poultry, fish, game, and vegetables; to restrain and punish the forestalling of provisions.

23. To regulate the inspection, weighing and measuring of wood, coal, stone, corn, or other grain, and hay, within the city or town.

24. To regulate the construction, use, repair of vaults, cisterns, hydrants, pumps, sewers, and gutters.

25. To prevent and punish intoxication, fights, riots, loud noises, disorderly conduct, obscenity, and acts or conduct calculated to disturb the public peace, or which are offensive to public morals within the city or town, and within three miles of the limits thereof.

26. For the purpose of guarding against fire to prescribe the limits within which wooden or combustible buildings must not be erected, placed or repaired, and to establish fire limits within the city or town.

27. To establish a fire department and prescribe and regulate its duties; to maintain a fire alarm and police telegraph.

28. To erect engine, hose, and hook and ladder houses, and provide engines and other implements for the extinguishment of fire.

29. To inspect chimneys, flues, fire places, stove pipes, ruins, structures and boilers, and when dangerous to require the same to be removed or put in order and prohibit the use thereof until safe.

30. To regulate and prevent the storage or handling of gunpowder, giant powder, nitro-glycerine, or other inflammable explosives or materials, tar, pitch, kerosene, oil and turpentine, and to prohibit the storage of the same within three miles of the city limits.

31. To regulate or prohibit the building of bon-fires, the explosion, use or selling of fireworks, firecrackers, torpedoes, or other pyrotechnics or toy pistols or guns within the city or town.

32. To prohibit and punish cruelty to animals.

33. To define and abate nuisances and to impose fines upon persons guilty of creating, continuing or suffering a nuisance to exist on the premises which they occupy or control.

34. To define vagrancy, and to restrain and punish vagrants, mendicants and persons guilty of disorderly conduct.

35. To establish and maintain a jail for the confinement of persons convicted of violating the ordinances of the city or town; to make rules for the government of the same, and to cause the prisoners to work on streets or elsewhere within three miles of the city.

36. To regulate, restrain or prohibit the running at large of horses, cattle, swine, sheep, goats and dogs, or other animals, and to authorize the impounding and sale thereof, if found at large, contrary to ordinance. 37. To license the keeping of dogs, and provide for the killing or destruction thereof, if found running at large without license.

38. To prevent the incumbering of streets, sidewalks, alleys or public grounds with carriages, wagons, lumber, firewood or other obstacles or materials.

39. To prevent the riding or driving of animals, or the drawing or riding of vehicles of any kind on the sidewalks of the city, or the doing damage in any way to the sidewalks.

40. To prevent horse racing, or immoderate driving or driving in the streets of the city or town and to regulate and provide for the hitching of all animals on the streets.

41. To regulate or prohibit coasting, skating, sliding or tobogganing on the streets or alleys, or the indulgence in other amusements dangerous or annoying to the inhabitants, or having a tendency to frighten animals.

42. To regulate the location of slaughter houses, breweries, distilleries, livery stables, foundries, blacksmith shops, planing mills, soap factories, and tanneries, within the city or town, and to prohibit any offensive and unwholesome establishments within the city or town limits or within three miles thereof.

43. To regulate or suppress the erection of poles and the stringing of wires, rods, or cables in the streets, alleys, or within the limits of any city or town.

44. To provide for a Board of Health and to prescribe its powers and duties, and when such Board of Health is provided for the same to have jurisdiction within the city or town limits and within three miles thereof. 45. To establish at a suitable (place?) without the limits of the city or town, in case of necessity, a hospital to prevent the spread of small-pox or other contagious or infectious diseases, and to regulate the control thereof, and do all other acts which may be necessary for the promotion of health, and to prevent the spread of infectious or contagious diseases within the city or town.

46. To establish and regulate cemeteries within or without the city or town, and acquire lands for this purpose, and prohibit the establishment of cemeteries within three miles of the city or town.

47. To fix the compensation and to prescribe the duties of all officers and other employes of the city or town, subject to the limitations mentioned in this Title.

48. To impose fines and penalties for the violation of any city ordinance, but no fine or penalty must exceed Three Hundred Dollars, and no imprisonment must exceed ninety days for any one offense.

49. To levy and collect annually from each able-bodied male resident of the city or town, between the ages of twenty-one and forty-five years, a poll tax not exceeding Three Dollars per capita; and in case of failure or refusal of any person within the prescribed age to pay said tax, to provide