tions shall at all points of connection, crossing or intersection with the roads of other corporations unite with such corporations in establishing and maintaining suitable platforms and station houses for the convenience of passengers, desiring to transfer from one road to the other, and for the transfer of passengers, baggage or freight, whenever the same shall be ordered by the railroad commission; and such corporation shall, when so ordered by the railroad commission, keep such depot or passenger house warmed, lighted and open to the ingress and egress of all passengers a reasonable time before the arrival and until after the departure of all trains carrying passengers on said railroad or railroads; and said railroad companies so connecting, crossing or intersecting, shall stop all trains at said depot at said connections, crossings or intersections, for the transfer of passengers, baggage and freight when so ordered by the railroad commission, and the expense of constructing and maintaining such station house and platforms shall be paid by such corporations in such proportions as may be fixed by the order of the railroad commission. Such corporations connecting by intersection as aforesaid, shall also, whenever ordered by the railroad commission so unite and connect the tracks of said several corporations as to permit the transfer from the track of one corporation to the other of loaded or unloaded cars designed for transportation upon both roads. § 40. PENALTY FOR NON-COMPLIANCE.] Any railroad corporation or company which, after having received ninety days' notice by the railroad commissioners shall neglect or refuse to comply with the provisions of Section 39 of this act, shall, for every day such corporation or company fails, neglects or refuses to comply therewith, forfeit and pay the sum of $25, which may be recovered in the name of the State of South Dakota, for the use of the school fund of the county wherein such crossing or intersection is situated; and it shall be the duty of the states attorney of the proper county to prosecute for and recover the same. § 41. DUTY OF ATTORNEY GENERAL.] The attorney general of the State of South Dakota shall at all times when requested, give the railroad commissioners such counsel and advice as they may from time to time require, and it is hereby made his duty to institute and prosecute whenever requested by the railroad commissioners, any and all suits which said railroad commissioners may deem it expedient and proper to institute, and he shall render to such railroad commissioners all counsel, advice and opinions in writing, when requested, as are necessary to carry out the provisions of this act, or of any law of this state, according to the true intent and meaning thereof. It shall likewise be the duty of the states attorney of any county in which suit is instituted or prosecuted, to aid in the prosecution of the same to a final issue upon the request of such commission. Said commissioners are hereby also authorized, when in their opinion it is necessary or proper, to employ any and all additional legal counsel to assist them in the discharge of their duties and to conduct and prosecute any and all suits they may determine to bring under the provisions of this act or any law of this state, or to assist the attorney general in the prosecution of the same. § 42. ADDITIONAL PENALTY.] In addition to any penalty imposed or remedy provided in this act, it is further provided, that if any railroad corporation shall willfully continue to neglect or refuse to comply with the provisions of this act or with any reasonable order or regulation of the board of railroad commissioners, such neglect or refusal shall cause a forfeiture of the franchises of said corporation, if the same be a domestic corporation, and if the same be a foreign corporation such neglect or refusal shall cause a forfeiture of all right and privilege to transact its business within this state. § 43. ADDITIONAL DUTY OF ATTORNEY GENERAL.] It is hereby made the duty of the attorney general of the State of South Dakota to commence an action in any court of this state of competent jurisdiction, against any railroad corporation, for the purpose of having its corporate franchise forfeited or for the purpose of having it perpetually enjoined from transacting any business within this state, whenever the board of railroad commissioners shall report to said attorney general that any railroad corporation has violated the provisions of Section 42 of this act. § 44. COMMISSIONER SHALL FORFEIT OFFICE WHEN.] If any railroad commissioner shall willfully neglect or refuse to perform the duties imposed upon him in this act he shall be deemed guilty of a misdemeanor, and in addition to the punishment provided by law, such railroad commissioner shall, upon conviction, forfeit his office. § 45. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 3, 1897. RAILROAD COMMISSIONERS. CHAPTER 111. [S. B. 204.] CHANGING TERM OF OFFICE OF RAILROAD COMMISSIONERS. AN ACT to Change the Term of Office and Time of Election of Railroad Commissioners of the State of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. TERM OF OFFICE.] Each railroad commissioner of the State of South Dakota hereafter elected shall hold his office for the term of six (6) years commencing on the first Tuesday after the first Monday in January of the year following the year of each general election, and until his successor is elected and qualified. § 2. TERM OF PRESENT INCUMBENTS DETERMINED BY LOT.] The railroad commissioners chosen at the general election in the year of 1896, shall hold their offices for the terms of two (2), four (4), and six (6) years respectively, as shall be decided among them by lot at their first meeting after the tak ing effect of this act, in such manner as may be designated by the secretary of state. § 3. ONE CHOSEN AT EACH GENERAL ELECTION.] That at the general election in the year of eighteen hundred and ninety-eight and every second year thereafter at such election, there shall be chosen one person as railroad commissioner hav ing the qualifications prescribed by law, who shall hold his of fice for a term of six (6) years from the first Tuesday after the first Monday in January following his election and until his successor is elected and qualified, which commissioner shall fill the vacancy caused by the expiration of the term of office of the commissioner whose term of office expires on the first Tuesday after the first Monday in January following his said election. § 4. VACANCIES-HOW FILLED.] If a vacancy occur in the office of railroad commissioner from death, resignation or otherwise, the governor of the state shall make temporory appointment to fill such vacancy, but the person so appointed shall hold such office only until the next general election and until his successor is elected and qualified. And, notwithstanding such appointment, there shall be chosen at the next general election after such vacancy occurs in such office, a railroad commissioner to fill such vacancy, who shall hold his office only for the unexpired term of the person originally elected thereto. § 5. REPEAL.] All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. Approved March 5, 1897. REAL ESTATE. CHAPTER 112. PROVIDING FOR THE SALE AND LEASING OF REAL ESTATE SECURED FROM W. W. TAYLOR. AN ACT to Provide for the Sale and Leasing of Real Estate Which Has Come Into the Possession of the State of South Dakota on Account of the Defalcation of Ex-State Treasurer W. W. Taylor. Be it Enacted by the Legislature of the State of South Dakota: § 1. DUTY OF COMMISSIONER OF SCHOOL AND PUBLIC LANDS.] That the commissioner of school and public lands is hereby authorized and empowered to sell any and all of the real estate which has come into the possession of the state on account of the defalcation of ex-state treasurer W. W. Taylor, whether title to the same has been acquired by deeds of conveyance or by virtue of sales upon execution. § 2. LANDS HOW SOLD.] That said lands may be sold either at public or private sale, as shall be determined by the board of school and public lands. The same shall be advertised in at least one newspaper of general circulation, published in the county in which such land is situated, for six weeks prior to such sale; Provided, that a private sale may be made at any time after such publication. 3. UNENCUMBERED LANDS.] That no such lands, which are unencumbered, shall be sold either at public or private sale for less than the appraised value fixed by the board of appraisal of school and public lands. § 4. LANDS SOLD SUBJECT TO ENCUMBRANCE.] That any of such lands upon which there is an encumbrance may be sold subject to such encumbrance at the appraised value thereof, less the encumbrance, or the equity of the state may be appraised by the board of appraisal when, in the judgment of the board of school and public lands, it is in the interest of the state to do so. § 5. PRICE---HOW PAID.] That all farm lands shall be sold either for cash in full or for one-fourth of the purchase price in cash and the balance payable in five and ten years, in equal installments, with interest at the rate of six per cent., payable annually on the first day of January of each year. § 6. TOWN LOTS SAME AS LAND.] That all town lots and city property shall be sold in like manner and on like terms as farm lands, excepting that if the same is not sold for cash in full that one-half of the purchase price shall be paid in cash and the balance in three and five years in equal installments. § 7. BUILDINGS TO BE INSURED.] In case any buildings are situated upon any farm lands or town lots so sold, the purchaser shall be required to insure the same in some insurance company to be approved by the commissioner of school and public lands. Loss, if any, to be made payable to the State of South Dakota, as its interest may appear. § 8. PAYMENTS-HOW MADE.] That all payments of principal and interest upon any sale made as aforesaid shall be made to the county treasurer of the county in which such real estate is situated, and shall be by him transmitted to the state treasurer in the same manner as in sales of common school lands, and shall be placed to the credit of the Taylor defalcation fund. § 9. TO BE APPROVED BY GOVERNOR.] That no sale made in pursuance of this act shall be of any validity until the same shall be approved by the governor. § 10. FAILURE TO COMPLY.] Whenever the purchaser of any of the lands or town property herein named shall fail to pay the principal or interest when due, or shall fail to pay the taxes levied upon the same before the same shall become delinquent, or shall fail to keep the buildings situated thereon insured as provided herein, or shall violate any of the provisions of the contract of sale, such sale may be set aside by the circuit court in and for the county in which the same is situated. Actions shall be prosecuted to enforce the provisions of this section by the state's attorney of such county whenever he is directed to do so by the commissioner of school and public lands. § 11. SUBJECT TO TAXATION-FAILURE TO REDEEM.] Whenever a contract of sale of lands as herein provided has been delivered to the purchaser thereof, the commissioner of school and public lands shall immediately provide the county |