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Farmers' Law
MINNESOTA EDITION
LEONARD V. KOOS
Superintendent of Schools, Glencoe. Author of
"Farmers' Law for the Short Course"
Copyright. 1913.
By Webb Publishing Company
W— 2
PREFATORY NOTE
Two distinct needs have prompted the writing of this
Httle book. The thinking farmers of the state have long
been looking for a concise manual of such common and
statute law as bears most closely upon them in their every-
day affairs. They have desired a little volume that will
set before them briefly what they cannot themselves find,
having neither the leisure nor access to a legal library.
Again, the schools of the state, now rapidly adding agri-
culture to their curricula, have come to need a brief text
in "Farm Law" which may be placed in the hands of the
students in the long and short course classes. To more
nearly meet these needs an effort has been made to couch
the law, as far as possible, in layman's English, to omit all
verbiage, and to present only the "bare essentials." Most
of us, although frequently reminded that "every man is
presumed to know the law," have despaired of any measure
of comprehension of its intricacies. Because of the recep-
tion given the author's earlier pamphlet on "Farmers' Law
for the Short Course" in which the law was largely stripped
of its technical terms, he feels that this little book will make
the law understandable to those for whom these pages have
been prepared.
September 26, 1913. L. V. K.
^»8RARV.AGHlCUt:, u«C DE»-T,
CONTENTS
Chapter Page
I. LAW IN GENERAL 7
What Law Is — Written and Unwritten Law — Constitutions
— Statutes — Common Law.
II. CONTRACTS 9
Definition of Contract — Oral and Written Contracts — Express
and Implied Contracts — Consideration — Who May Make Con-
tracts — Subject Matter of Contracts — The Statute of Frauds.
III. ACQUIRING THE FARM 12
Title — Deed — Kinds of Deeds — Warranty Deed — The Cov-
enants — Signature — Acceptance — Changes Made in Deeds
— Right of Husband and Wife to Convey Real Estate — Home-
stead — Quitclaim Deed — Installment Contracts.
IV. MORTGAGES : 19
The Use of Farm Mortgages — What the Mortgage Contains
— Signature, Acknowledgment, etc. — ^The Mortgage Registry
Tax — Discharge of Record — Foreclosure — Chattel Mortgages
— Foreclosure of Chattel Mortgages.
V. LANDLORD AND TENANT 25
Definitions — Oral and Written Leases — Covenants of Land-
lord and Tenant — ^Tenure of the Lease — Eviction — Right to
Emblements — Crops on Shares — Right to Timber.
VI. FARM LABORERS 31
The Parties — Oral and Written Agreements between Master
and Servant — Amount of Wages When Not Previously Agreed
Upon — Obligations of Employer and Employee — Payment of
Wages to Minors — Responsibility of Employer for Acts of the
Employee.
VIL FARM PRODUCTS 33
Farm Crops Distinguished as Emblements or Real Property
— ^The Bearing of the Distinction upon Contracts and upon
Theft — Manure — Levy upon Grain — Damage to Crops — Seed
Grain Contracts — Thresher's Lien — Dairy Products — Using
Preservatives in Dairy Products — Adulterated Milk or Cream
— Discrimination in Prices Paid for Milk, Cream, or Butter-
fat — "65 Mile" Law.
4089r>3
4 CONTENTS
Chapter Page
VIII. NURSERY STOCK 38
Inspection of Nursery Stock — Infested Nursery Stock — Ship-
ment Within the State — Nursery Stock from Outside the
State.
IX. THE SEED LAW 40
The Law in General — What Seeds the Law Includes — Label-
ing — Exceptions as to Labeling — Penalties — ^Testing and In-
specting Seed — The Rules of the Experiment Station.
X. WEEDS 44
"Noxious" Weeds — The Farmer's Duty — The Method of
Enforcing the Law.
XI. FARM ANIMALS 46
Estrays — Distraining — Liability of Railroads — Damage
Caused by Animals — Diseased Animals — Animals Brought
Into the State — Hog Cholera Serum — Lien of Agisters — Lien
for Shoeing — Lien for Service of Stallion, etc. — Cruelty to
Animals — Dogs.
XII. FARM BOUNDARIES, ROADS ABUTTING ON THE
FARM, LINE AND LEGAL FENCES 54
Boundary Disputes — Roads Abutting on the Farm — Streams
and Lakes as Boundaries — Trees On or Near Boundary Lines
— Fires Spreading to a Neighbor's Land — Legal Fences — Line
Fences.
XIII. WATERS OF THE FARM 60
Riparian Rights — Surface Waters — Town, County, Judicial,
and State Ditches — Procedure for County Ditches.
XIV. ROADS— THEIR ESTABLISHMENT AND MAINTE-
NANCE 64
Kinds of Roads — State Roads — Surveys, etc., for Same — State
Aid for State Roads — How It is Paid — The Town Board and
State Roads — County Roads — Establishing, Altering, or
Vacating Roads in More Than One Town — Issuing Bonds
for Permanent Road Improvement — Roads in Two or More
Counties or on County Lines — Town Boards and Town Roads
— The Town Road Overseer — Road Taxes in Towns — ^The
Dragging Fund — Establishing, Altering, and Vacating Town
Roads — Roads on Town Lines — Roads in New and Unorgan-
ized Towns — Cartways — Dedication of Land for Roads
— Extraordinary Improvement of Town Roads — Drainage of
Town Roads — Appeals from County and Town Boards — Re-
moval of Fences by Town or County Boards — Tunnels Under
Roads — Dedication of Roads by Use — Old Roads Open Two
Years — Bridges and Culverts.
CONTENTS 5
Chapter Page
XV. THE USE OF ROADS , 77
Meeting and Passing on Roads — ^At Corners or Cross- Roads
— Who May Not Drive Motor Vehicles — In Case of Accident
— Equipment of Motor Vehicles — Intemperate Drivers — Leav-
ing Horses Unfastened — Traction Engines.
XVI. TAXES 80
The Steps in the Taxing Process — Assessment — Moneys and
Credits — Equalization — Levy — Extending the Taxes — Collec-
tion — Delinquent Taxes — Distribution — Other Taxes.
XVII. SCHOOLS 88
To Form a New District — Setting Ofif Land to an Adjoining
District — Dissolving School Districts — The Annual School
Meeting — Special School Meetings — Powers and Duties of the
Board — Special State Aid to Rural Schools — Association
— Consolidation — The Compulsory Education Law.
XVIII. ELECTIONS— PRIMARY AND GENERAL 96
Who May Vote — The Elections — Presidential Preference
Primary Election — The State-Wide Primary Election — The
General Election — The Corrupt Practices Act — Constitutional
Amendments — Further Rules as to Elections.
XIX. WILLS AND ADMINISTRATION 103
Who May Make a Will — The Form of the Will — Competent
Witnesses — Should One Draw His Own Will — How Wills are
Revoked or Canceled — Steps in Administering an Estate
Where a Will Has Been Made — Executor and Administrator
— Notice to Creditors — Inventory and Appraisal of the Estate
— Settlement — Administration Where the Deceased Has Left
No Will — Descent of Property — The Homestead— Other Real
Estate — Personal Property — Posthumous Children — Guar-
dians.
XX. CO-OPERATIVE ASSOCIATIONS Ill
Co-operative Enterprises — Organization — Management —
Profits — Report of Creameries — Recent Developments in
Co-operation.
XXI. PROPERTY INSURANCE —MINNESOTA STAND-
ARD POLICY 114
Definitions — The Standard Policy— Obligations of the Insured
— The Statement — Adjustment.
XXII. FARMERS' MUTUAL INSURANCE COMPANIES.. 117
Town Mutual Insurance Companies — Certificate of Incor-
poration — Kinds of Property Insured — How These Companies
are Supported — Adjustment of Losses — Mutual Hail, Tor-
nado and Cyclone Companies.
6 CONTENTS
Chapter Paoe
XXIII. LIFE INSURANCE 121
What It Is — Ordinary Life Insurance — Limited Payment Life
Insurance — Term Insurance — Annuity Insurance — Insurable
Interest — Applications for Insurance — Minnesota Policies
— Other Important Life Insurance Regulations — Fraternal
Insurance — Casualty Insurance.
XXIV. NOTES, CHECKS, AND DRAFTS 130
Notes — Checks — Drafts — Negotiability — Indorsement — The
Indorsers' Liability — Date of Maturity — Ambiguous Instru-
ments — Forged Paper.
XXV. COMMISSION MERCHANTS 138
The Function of the Commission Merchant — State Regula-
tion — Complaints.
XXVI. AUCTIONS AND AUCTIONEERS 140
Licensing of Auctioneers — Record of Sales Required — "Bid-
ding in" at Auctions.
XXVII. COMMON CARRIERS 142
Common Carrier Defined — Bill of Lading — Liability of Com-
mon Carriers — Complaint to Railroad and Warehouse Com-
mission — Cars — Shipping Live Stock.
XXVIII. MISCELLANEOUS 145
Replevin — Attachment — Garnishment— Injunction— Libel and
Slander.
XXIX. THE FARMER AND THE LAWYER 148
INDEX 150
FARMERS' LAW
Minnesota Edition
CHAPTER I
LAW IN GENERAL
Law, in its widest sense, is a rule of conduct. For all
practical purposes, it may be considered a body of rules of
conduct laid down and enforced by the authority of a nation
or state. For instance, when we say that it is a Law of
Minnesota that "every child between eight and sixteen
years of age must attend a public school, or a private school,
in each year during the entire time the public schools of the
district in which the child resides are in session," we mean
that it is a rule of conduct for parents or guardians in
Minnesota in the matter of sending such children to school.
Law may be classified as written or unwritten law. Writ-
ten law is found in our constitutions and in our statutes.
The constitutions are called the "fundamental law of the
body politic." This means that the constitution contains
the laws of a community with which all other laws must
agree and upon which all other laws must be built. The
fundamental law for the United States is found in its Con-
stitution, in force since 1789; and all the Acts passed by
Congress and by the legislatures of the states must be in
harmony with it or they are declared void. The funda-
mental law for the State of Minnesota is its Constitution,
and all the Statutes passed by the State Legislature must
8 FARMERS' LAW
be in harmony with this Constitution. In this book the
name "statute" will be given to those laws passed by the
Legislature of the State of Minnesota.
Unwritten law more often goes by the name of common
law. In the absence of statute law common law prevails.
In most cases it is simply common sense or "right reason"
applied to cases not covered by statute law. It is an out-
growth of long-continued custom as found in the decisions
of the courts. Most of our law is based upon these unwrit-
ten rules of conduct, the greatest part of which have come
down to us from England, although changes have found a
place from time to time in the courts in different communi-
ties in this country.
In our study of these rules of conduct for citizens in
Minnesota, we shall naturally deal largely with common
law and the Minnesota Statutes.
CHAPTER II
CONTRACTS
DEFINITION
Whenever a person buys or sells, whenever he makes
any kind of bargain or agreement, he makes a contract.
In brief, whenever for a sufficient consideration a person
agrees to do or not to do some particular thing, he is said
to make a contract.
CLASSES OF CONTRACTS
In entering into the agreement one may do so by word
of mouth, when it is called an oral contract, or one may
put it into writing or printing. In the latter case it is, of
course, a written contract.
Contracts are also express or implied. If all the terms
of the contract are spoken or put in writing, it is an express
contract. If some of the terms are not spoken or written
but are understood from the circumstances, it is an implied
contract. For instance, if I say to the grocer, "Deliver a
hundred-pound sack of flour at my house and I will pay
you three dollars for it tomorrow," I make an express con-
tract. If, instead, I merely say to him, "Deliver a hundred-
pound sack of flour at my house," it is implied that I will
pay the market price for it and that it is to be merchantable
flour. A large porportion of the smaller contracts in daily
business activities are implied.
CONSIDERATION
To make a contract that may be enforced there must
10 FARMERS' LAW
be a consideration, — the cause, price, or thing which induces
the carrying out of the contract. An agreement to make
outright gift is not a contract. The consideration is not
always the transfer of money. It may be any benefit to
the promisor or loss or detriment to the other party to the
contract, or promisee.
WHO MAY NOT MAKE CONTRACTS
Minors are incompetent to make contracts except for
necessities, such as food, clothing, medical attendance, etc.
Contracts made by a minor are voidable by the minor when
he reaches his majority. Idiots, lunatics, and drunken
persons can not make valid contracts, except that a drunk-
ard may ratify after he becomes sober a contract made
while he was intoxicated. In Minnesota married women
have the same right to make contracts as their husbands.
SUBJECT MATTER OF CONTRACTS
The subject matter of a contract may be anything law-
ful. Any contract to do anything unlawful is illegal and
void. For instance, contracts to bribe a jury, bets or
wagers, or contracts in which fraud enters are illegal.
STATUTE OF FRAUDS
The following classes of contracts, according to the Stat-
ute of Frauds, must be in writing:
(1) Leases of land for a year or more.
(2) Contracts for the sale of land for a year or more.
This includes deeds, mortgages, etc.
(3) Every agreement that by its terms is not to be
performed within one year from the date of making
it.
(4) Promises to answer for the debt of another person.
CONTRACTS 11
(5) Contracts for the sale of personal property where
fifty dollars or more is involved. Where some
part of the property is delivered, where some part
of the purchase price is paid to "bind the bargain,"
or where goods are sold at an auction at which
proper entry is made in the salesbook, contracts
under the last class do not come under the Statute
of Frauds and, therefore, need not be in writing.
With either oral or written contracts it is essential that
the intention of both parties be clear. Especially when one
is making a contract in writing should the meaning be made
clear, for, in the courts, one will not be permitted to change
by oral testimony the terms of a written contract.
CHAPTER III
ACQUIRING THE FARM
GENERAL
When a person makes the purchase of any piece of real
estate, such as a farm, he is said to acquire title to it. Title
to a farm is evidence which that person has of the right to
the possession of the farm. The conveyance of the title to
the farm from the owner, or grantor, to the purchaser, or
grantee, is made by an instrument called a deed. This deed,
since it is concerned with the transfer of real estate and
therefore comes under the Statute of Frauds, must be in
writing. In Minnesota, deeds are required to be signed
before two witnesses, acknowledged before an officer
authorized to administer an oath, and recorded in the office
of the register of deeds of the county in which the land is
situated.
KINDS OF DEEDS
The three kinds of deeds of which a citizen of Minnesota
should have knowledge are the warranty, the quitclaim,
and the mortgage deeds. The last named will be dealt with
in the separate chapter on mortgages.
THE WARRANTY DEED
The warranty deed is the common form for the convey-
ance of real estate. In addition to granting the land, it con-
tains warrants or covenants as to the title. The Minnesota
Statute makes possible the use of the following form of
ACQUIRING THE FARM 13
Warranty Deed
A. B., grantor, of (here insert place of residence), for and in
consideration of (here insert the consideration) conveys and
warrants to C. D., grantee, of (here insert place of residence),
the following described real estate in the county of
in the State of Minnesota: (here insert the description of
the premises).
Dated this day of 19
Signature
Attention is called to the words "conveys and warrants"
in the above form. The description mentioned refers to
surveys, maps, distances, or boundaries.
THE COVENANTS
The same statute provides that when this form is used
it is to be understood that the grantor makes the following
covenants with or promises to the grantee :
Covenant (1) : "that he is lawfully seized of the premises
in fee simple and has good right to convey same." This is
called the covenant of seizin. It is simply a warranty that
the owner has possession of the property described in the
deed and that he has the, right to convey it.
Covenant (2) : "that the premises are free from all incum-
brances." This covenant pledges that there are no out-
standing rights in other persons. This covenant is broken
by outstanding mortgages, unpaid taxes, mechanics' liens,
and judgments docketed in the office of the clerk of court of
the county where the land is situated within ten years
prior to the date of the conveyance.
Covenant (3): "that he warrants to the grantee and his
heirs and assigns the quiet and peaceable possession of the
premises." The covenant of "quiet and peaceable posses-
sion" is a promise that the grantee, his heirs, or others who
14
Pgrsons , uxiiaarrled
FARMERS' LAW
S^ That the Grantor.. OeOT^^^
HMiding u the..^^^y , .q/:,Sl9^9oe
Coiuity of.^.9.h9.9^. and State o/,.MAnf'C30ta f^r and in consideration
cfthe sum 0/ ./^rtoen jniQusand _ _ _ dollars.
to.pL\Uf.rrrr:.in hand paid. doCS hereby Convey and Warrant to..«?Olin..T , TOnllnSOn . Of
P.lnP.g.9.g..P.f...kL'e..gQ"nt,Y..of .McLeO(a..a^
a* Grantee the following described Real Estate, viz. ...Tile KorVhWCS t auarter M
^.Y.?r.ri?[L»0.k..??y.r^y.ey.i...<^.9.n t a In In
lUuaU in the County o/..¥cLeOd and State of Minnesota.
Dated a<..g.ij?.n.COe . . . thU. 2 Zj\j),^r-rrr.. day o/.SOji^eabgP A. D. 191 .3
Signed. Scaled and DcUverM in Presence of
_Z^(fi2s<fciA..^_
^^.
jy^^.^
^UU of ^imuMUi,
Coiintyvf
VcLeod
_ I
On <fci«...?.?.nd.. JLa,y o/:..8eJ>^.e0.t>ejr -.^. D. 191 3., before me. a
.y.9.t'.g.ry...PUbllC wUhin and for said County. persoiuUly appeared
to me known to be the person described in and who executed the foregoing instrument, and acknowledged
that k0 ax tet Ue d tite $am» 01..*}-?.- fit€ act and deed.
Notary Public
«y CoFjDls8l6n*'15xi)rrcs*'I9r5^
FIG. 1. WARRANTY DEED. (Short Form.)
ACQUIRING THE FARM 15
claim title through him shall not be legally disturbed in
their quiet and peaceable possession of the premises by the
grantor or his heirs.
Covenant (4) : that he will defend the title to the prop-
erty "against all persons who may lawfully claim same."
If any lawful claim is made by a third party as to the title
of the grantee to the property, by the fourth covenant the
grantor pledges compensation for the loss sustained by the
failure of title up to the amount of the purchase price and
interest.
It is rather common practice to include these covenants
in the form of deed.
The signature is that of the grantor. The grantee does
not sign. The conveyance of the farm is completed when
the deed has been delivered by the grantor. Before accept-
ing the deed the grantee should make sure that the title is
perfect in the grantor and that the deed is properly executed.
A grantee who personally accepts a deed is presumed to
know its contents. Nor can the grantor have a deed set
aside because he failed to read it. Any material change
made in the deed by either party after delivery makes it
void. If there is no certainty as to the property described
in the deed it is void.
A husband and wife may, by a deed in which both join,
convey real estate belonging to either. Except the home-
stead, either, by a separate deed, may dispose of the real
estate belonging to him or her, subject to the rights
of the other. (Note. The homestead in rural dis-
tricts, — that is, outside the limits of a city or village —
includes the house actually occupied by the owner as a
dwelling and not more than eighty acres of land. Such a
homestead is exempt from seizure or sale except for debts
16 FARMERS' LAW
incurred for work or materials furnished in the building,
repair, or improvement of the same, or f.or services of
laborers or servants.)
QUITCLAIM DEED
A quitclaim deed is one which grants merely the interest
the grantor has. The Minnesota Statute makes possible
the use of the following %-m for a
Quitclaim Deed
A. B., grantor, of (here insert place of residence), for the con-
sideration of (here insert the consideration), conveys and quit-
claims to C. D., grantee, of (here insert place of residence), all
interest in the following described real estate in the county
i of in the State of Minnesota: (here describe the
premises.)
Dated this day of 19
Signature
If the words "conveys and quitclaims" of this form are
contrasted with the words "conveys and warrants" in the
form for warranty deed the essential difference between the
two kinds of deeds will be seen. The quitclaim deed war-
rants nothing and the statute contains no covenants that
are understood to be binding upon the grantor. The quit-
claim deed does not even assert that the grantor has any
title to the premises described. In transfers of real estate
this form is used merely to extinguish possible outstanding
titles, for example, claims of heirs, for real estate for which
a grantor or grantee is desirous of obtaining or giving a war-
ranty deed or for the sake of peace. In buying a farm the
purchaser should not accept a quitclaim deed without con-
sulting a competent attorney.
ACQUIRING THE FARM
17
Thitt the (7»aH/or.0c0.r&e...E.,..
Parsons, unmarried,
■.for and in consideration
residing in Ihe.CXtU ■ o/.. OlCnCQ e
County o/..MCLeOd _ and State ofMm^-SOlM. — r-
of the sum of.9.^P. , „ DOLLAl
to^^r-r—^in hand fiaid, d(fi^ hereby Convey, 1,'clcosc and Quit-Claim /a.-^P.^n ..T^T9mlln8qn .
Of G-lencoe of the County of McLeod and State of Minnesota
as Grantee all. P.^.^.—r-... interest in. and to the followina described real estate, wr.-.ThC KOrthWCSt
..^H§-rl?.?!..?ir.. Sec 1 1 on 31 X t een^^^
J!'^J}^.^...yA'^.V.^.V{.30) Mest of uie F Jierldlan according to
the United Btates Government Survey, containing one hundred sixty acr«o
more or less.
situate m the County o/,.M.CL69.4 .and State of Minnesota.
Dated at ciencoe <fet«22pd...-Tr-.rfayo/vgertemtier— -—■■.<■ D. loiy
Slsned, Sealed and Delivered In Presence of
<:J?,^tJC
Jto/u off ^innesoia.
County of McLeOd
I On this .^?nd. , oay o/.MPt'.ember _____-____^. />. jgi3_ . , before m*. a
.^Py^^^. .^"^.^A.^ .— — — — ivithin and for said County, personally appeared
Qeorce E. parsons, tmmarrled, __ :
to me knoum to he the person described in and who executed the foregoing instrument, and acknowledged
that he executed the tarn* w.M.?, free act and deed
2—
My COnunlsslon Expires 1915
FIG. 2. QUITCLAIM DEED. (Short Form.)
18 FARMERS' LAW
ACQUIRING THE FARM UNDER AN INSTALLMENT CON-
TRACT
Frequently purchases of farms or other real estate are
made where the purchaser has a comparatively small
amount of ready money. He may desire to make part
payment yearly or at other regular intervals of time. In
such a case, if the owner of the farm is willing, an install-
ment contract is entered into, which describes the tract of
land, contains the agreement to purchase, the dates of the
payments and their amounts, and a pledge on the part of
the owner to deliver the deed when all the requirements
made of the purchaser in the contract have been met. Both
parties to the agreement are required to sign such a con-
tract. Of course, the title to the farm remains with the
owner until full payment has been made.
CHAPTER IV
MORTGAGES
FARM MORTGAGES
Often the owner of a farm wishes to borrow money and
offers the farm as security for the loan. This he does by
giving a mortgage on the farm. The borrower here is the
mortgagor f while the party making the loan is the mortgagee.
An illustration of this use is where a person buying a farm
has not enough money to cover the full purchase price of the
farm and borrows the remainder in order to make full pay-
ment. He gives a mortgage on the farm for the amount
borrowed.
WHAT THE MORTGAGE CONTAINS
A mortgage on real estate is a form of deed, and in our
state is quite commonly called a "mortgage deed." As a
deed it is a conveyance of title to land but differs from other
deeds in that it contains a provision that it shall be void and
of no effect if the mortgagor pays the money at the time
stated in the mortgage. This provision is known as the
defeasance clause and may usually be recognized in the
mortgage deed by its beginning, — "provided, always," or
"provided, nevertheless." Covenants similar to those
described under the warranty deed are made by the mort-
gagor; namely, (1) that he is in lawful possession of the
premises, (2) that he has good right to convey the same, (3)
that they are free from all incumbrances, and (4) that he
warrants the title against all lawful claims.
20 FARMERS' LAW
Made //tto.,25 t2i. ' day o/.-Septe pibe p-
in the year of our Lord one thousand nine hundred and "...T ^'...V — - between
Oriln P. Miller and Helen N. killer his wife ,
of the County of ^^^^^^. --r-rrrr-.and State of ...^^^}:^9.^9y^.rTTrrr7r-j>artXQQ of the first paH.and
John T. Tomllnson ___^
of the County of ."^.^«°^ — — -zn>d Slate of M^?.^.9^Ar-rr—paH.y... of the second part.
WITNESSETH. T)iat the said parAQ3. of the first part, for and in consideration of the sum of
jBlx Hundreds dollars.
to-.Vfig.P. J in hand paid by the said party......of the second part. Ih^ receipt whereof is hereby
acknowledged, do by these presents Grant. Bargain, Sell and Convey to the said part }f..... of the second
pctrt,.^%P..-r heirs and assigns. Forever. atf...-t-^.V.V. - - . . .tract or parcel of land lying and being
in the County of..¥p.h^9.^ ^ and State of Minnesota, described aj! follows, lo-wU:
The Northwest quarter of Section Six t ecn( 16 ) Township One Himc^^^^^
I?i?.?.eenlll61. North, Itong^^^
■¥?jy.4.A§f}..J?.?.9.°A'4lTiS...^o..the Unlv _.
tQlnlng one hundred sixty acres of land more or less
£0 S"'$ ""^ ^ 9"^ ^'" S^""- Together with all tlie heredUanienti and appurtenances thereunto
belonging or in anywise appertaining, unto the said part X... .of the second part.iXXB. ... heirs and
assigns, FOREVER., And the said .Oriln.X^.jiliiar..and. -Helen N^.,Ulll&r-hl«-wife-
part... r!... of the first part, do covenant with the said party......of the second part,.}}~^. '.....heirs and
assigns, as follows: First, that ^lie}f..i)^.&laufully seized of said premises; Second, that the yha^e...good
right to convey the same; Third, that the same are free from all encitmbrances...9.^9.^:P^...^..?}9.V.^.':.....
^.9.?.9..®.?.?.9.HJ^®A..)'.5?..??.9.^..!?.9.?.?.?..X9.r...T*9Aye and noyipo Lioi;jg,jps ■ :
-and Fourth, that the said part.}/..
his _^_^^
of the' second part, heirs and assigns, shall qiiiethj enjoy and poss'JS the sam,e; and that the
toud part.T°.?.qf the first part unll Warrant and Defend the title to the sante against all lawful claim*.
FIG. 3. MORTGAGE DEED. (First Page.)
MORTGAGED 21
PROrWSD. XErERTHSlSSS, That if the said.'
rAes„
?o/ the first part.l^iMJL^heir
adminutrators, shall well and truly pay. or cause to be paid, to the said part.)!.. .of the second par«,.fll? ; heirs,
executors, administrators or assigns, the sum o/.T!.V^.."-V!^'Mr?M Dollars, and interest,
according to the condUion, of...m^.'9rQm^f^aOTX.^AQl&..£QT...&lX.ii\mtI'.^(L.JiU^
■JgAg!?f...^gJ!..gpM..ArjMr.P-g.k.MnHQlAy..aM.due,,.Sep^^
hearing even date herewith, and also to pay all taxes which now are. or may be hereafter assessed on said premises as they
shall become due. then this deed to be null and voui. But if default shall be made in the payment of said sum of money,
or the interest, or the taxes, or anyfV^i thereof, at the time and in the manner hereinbefore or hereinafter specified for
the pajjmenl thereof, the said Bart.7:rf.Vf the first part, in such ease do hereby authorize and fully empower the said
part. X. of the second par^..Xl\^. heirs, executors, adminislraloYs or assigns, to sell the said hereby granted premises,
and convey the same to the purchaser, in fee simple, agreeably to the statute in such case made and provided, and out of the
moneys arising from.sueh sate to retain the principal and interest which shall then >'<■ due on said note , and all taxes
upon said lands, together with all the costs and charges, and also the sum of^AXW Dollars, as .attorney's
feel and pay the overplus, if any, to the said partiS.^f the first part.VtlG.lrheirs, executors, adminiitratori or assigns.
. ..,. ^, onm r. wiiicr and H«len N. Miller his wife ■
jlni the said .".
do further covenant and agree to and with the said parlMrr.of the second paf<, Al? heirs, executors, administrators
and assigns, to pay said sum of money above specified at the time and in the manner above mentioned, together with all
the costs and expenses, if any there shall be; and, also, in case of the foreclosure of this Mortgage, the sum of .F.iX.t if. -7T.
■Dollars as Attorney's fees in addition to all sums and costs allowed m that behalf by law, whi.
sum IS hereby acknowledged and declared to be a part of the debt hereby secured, and which shall be assessed and payable
as part of laid debt, and that he will pay all taxes and assessments of every nature that may be assessed on laid premise;
or any part thereof, previous to the^^y appointed by law for the sale of lands for town, city, county or state taxes. Jtnd if
default be made by the said part^.PP.of the first part, in any of the foregoing provisions, it shall be lawful for the said
parl.Y ■ of the second part. .hX&TTrrrrr. .heirs, executors, administrators or assigns, or. tiX^rrrrrrr. .Attorney . to declare the
whole sum above specified to be due and payabUa ,,^ ♦v,»»i«. ^ '»v.r.4«
JXTESTlMOXr WHERROP. The said parC^rof the first pari haYti.. hereunto set..VUQ.l.r...ha>u^ and a/Jlx«i.HlOT
tea^ the day and year first above written
Signed, Sealed and Delivered in Presence o(
...(2.A...Qc<Aji..^.^..
'%e^..
$,Uit of ^zmusota.
County .f ...McLe oa
Oa this..^}}.^. jcUiy of..^P.\'.f.^}^.V. ..>#. D. 191^.., before me. a
.■^^k*Jr.y...^.y^^AP. .1 - within and for said County, personally appeared
PJiA?..J.A..?J[U?:?..?..M?!.Aelon..y.i..MA.UgP..hl.3.w^^^^^
to me known to he the person B described in and ivlio executed the foregoing instrument, and acknwvledged
thatt he ^executed the same os-.V^J?..^.?. free act and deed.^
<^o\.aT^ public
Wy CoDUiii-asion Ex^jiriss 1915'
FIG. 4. MORTGAGE DEED. (Second Page.)
22 FARMERS' LAW
SIGNATURE, ACKNOWLEDGMENT, FILING, ETC
In Minnesota, the mortgage deed is subject to the same
regulations as to signature, seal, witnesses, acknowledgment,
and record as all other deeds. These requirements have
been given in the previous chapter. There is also a tax of
fifteen cents for every hundred dollars (or fraction of a
hundred dollars) of the mortgage debt for filing the mort-
gage in the office of the register of deeds of the county in
which the land is situated. If the mortgage is to run
through more than five years the filing fee is twenty-five
cents per hundred dollars of the debt. This is known as
the registration tax. In the absence of an agreement this
tax must be paid by the mortgagee.
Mortgages are effective in the order of their filing, and,
in foreclosing, the second mortgagee gets nothing until the
first mortgage is paid in full. For this important reason,
second mortgages are not in great demand as compared with
first mortgages. This filing is a protection to the mort-
gagee and is notice to the world that he has a lien on the
property of the mortgagor. Mortgages not recorded are
of no effect as against any later purchaser in good faith,
that is, any person buying the land or accepting a mortgage
on it for a valuable consideration and without knowledge of
the unrecorded mortgage.
DISCHARGE OF RECORD
When a mortgage debt is paid the mortgage deed is
discharged of record by filing in the office of the register of
deeds where the mortgage has been recorded a "certificate
of satisfaction" which has been acknowledged and signed by
the mortgagee or by a memorandum signed by him on the
margin of the record. Should the mortgagee fail to discharge
the mortgage within ten days after the date of payment of
MORTGAGES 23
the mortgage debt he is liable for all damages due to his
neglect.
FORECLOSURE
When the debt which is secured by the mortgage is not
paid as agreed, the mortgagee has the right to foreclose.
Foreclosure is simply the proceedings by which the premises
are sold and the proceeds of the sale are applied to the mort-
gage debt. If the proceeds of the sale are more than enough
to cover the mortgage debt and the costs of foreclosure, the
surplus goes to the mortgagor. The sale is made by the
sheriff. After the date of the sale the mortgagor has a right
to redeem during twelve months by paying the sum for
which the property was sold and interest at the rate pro-
vided in the mortgage or, if the rate is not fixed in the
mortgage, at the rate of six per cent.
CHATTEL MORTGAGES
A chattel mortgage is a mortgage on personal property
such as crops, live stock, farm machinery, furniture, etc.
As in the case of the real estate mortgage, it is a condi-
tional sale of the property to secure a debt and is void upon
the payment of the debt. Chattel mortgages, since the
first of July, 1913, are filed with the register of deeds of the
county in which the property mortgaged is located. The
fee for filing is ten cents for each instrument. After pay-
ment of the mortgage debt by the mortgagor the mortgagee
must satisfy the mortgage by delivering satisfactions to the
mortgagor and to the officer with whom the mortgage was
filed.
FORECLOSURE OF CHATTEL MORTGAGES
Where the debt is not paid, foreclosure may be made
and the property sold. Ten days' notice must be given the
24
FARMERS' LAW
giwrn an ^m hg fhtst SnsttUs. -nuii i. ..P.rlln.P , Miller.;
Glencoe.
Sutc of MinDecotfl. ror the purpose of securing the paymeot of
"Ninety and' no/ 100
;M«y ;;i5 :::;::::::;::::::;:::;::::«„^;; ,„ ,.90.. op. ^.,..juiv,.i^.
^.■■J■9^A■.J■^■..Tomlln3on. .nd.fal.8
. now ID my possession, owned by mo and free from all incumbrano*. to-wit:
.One ..i:pan. horse , fourteen^
known as rick ^
PROVIDED. That if the nnderaigiMd ihall pay the Mid debt, ucoi
tbholt ihall be made in the pajrmeDt of uid debt or aoy part thereof,
John T. Tomllnson
..thai) <:
1 the said debt utuafe or insecure
he ia hereby authorised, either by himself or accnt, to i-ntor upoo the premisoe where the said property may be aod remoTe and sell the same at public
aactioD, with a notice as prorided by law. and without demand or performance, and oat of the proceeds reuin the amount then owing on said debt, with eipensea
attending the same, including.. A V.M Dollars attorney's fees, rendering to the undersigned the surplus, after the whole of said debt
t absolutely due and payable wbenever forectoaure hereof b commenced.
I and conatmed to be a commencement of foreclosure.
Dollan a
shall hare been paid, wnh charges aforesaid: said attorney's feea and eipensea a
aod the delivery of this mortgage to any party with the intent to have the s
WITNE88..??.yba.d and seal U^.J.^.^.htk, ol...m}(.:rrrr.z:r^M^.
..c?..(d!...<&.t*-t.>^.,
:J^«^'■: — ~ -
FIG. 5. CHATTEL MORTGAGE.
mortgagor that the property is to be sold and ten days'
posted notice is required. The property may be redeemed
before the sale or at any time within two days after the sale,
— before the sale, by the payment of the debt and all law-
ful expense for care of the property ; after the sale, by paying
to the purchaser the amount for which the property was
sold with costs and expenses for keeping during the time
allowed for redemption.
CHAPTER V
LANDLORD AND TENANT
DEFINITIONS
A tenant obtains the use of a farm or other real property
by means of a contract known as a lease. The owner of the
farm in such a case is called the landlord^ or lessor, and
the tenant is referred to as the lessee. The consideration
paid for the use of the land is rent.
ORAL AND WRITTEN LEASES
Leases ending within one year from the date of the con-
tract need not be in writing, although, under most circum-
stances, it is best for them to be so. But leases for more
than a year must be in writing; if unwritten, they are void
under the Statute of Frauds. By being void is meant that
they are not only non-enforceable but are of no effect. A
written note or memorandum will pass for a written lease
if it describes the land with reasonable certainty, contains
the names of both the lessor and the lessee, the rental
agreed upon, and is signed by the lessor. It is always
safest for both parties, however, if a full formal lease cover-
ing all the agreement is drawn up and properly executed.
COVENANTS OF LANDLORD AND TENANT
In the lease both the landlord and tenant enter into
pledges, or covenants, express or implied. The implied
covenants hold the parties whether or not they are men-
tioned. The landlord impliedly pledges quiet enioyment
26 FARMERS' LAW
Made ffcw. 3rd .^___ Jay o/..Ociober ioi3
by and >^ Herbert K . Hanson •
party of the first part, lessor .and.^^"^^ "' "ilUjiraL
of the Township of.^'VJ^. ' County ofJ^}*§S><L : r.State of Minnesota,
party of the second part, T.fx*r.r., — ^ - t-t-
WITXESSETH, Tliat the said party of the first part, in consideration of the rents and covenants
hereinafter mentioned, does hereby Demise, Lease and Let unto the said party of the second part, and the
taid party of the second part does hereby hire and take from the said party of the first part, the following
deteribed premises, situated in the County o f MCLOOd - 7;:;^;= —-.and StaU of Minnesota, viz:
The NorthweBt quarter.
in Section Jfumt>er.X(>.'r-. Township Xumher.XX^rrr.Jiange dumber. ^0. M.-^Containing ..2.60.rrrrr:^eret,
be the same mxire or less, of which described premises the second party hereby agrees to plow and put into
crops nut less than.. .?.^?...^M?.?.^'.^^..^.^.?. :: \ acres each year during the continuance of this Lease.
To Have and to HoM. The above rented premises, unto the taid second party,, u^^. ..heirs and assigns,
subject to the conditions and limitations hereinafter m.entioned, for and during the fuU term, of..*P:TP.P..
years from and after the .^.^.'.^.}. day of.. .¥^^^- 19J.P... the term of tkU
Lease ending the...^.):T.^^. day o/.^y^fi ^W A
And the said necond party agrees to and with the said first party to pay as rent for the abov*
mentioned premises, fur and during the term of this Lease, the sum of.TiiT.C9. HWR(iJ!OfX..T.Xt.VYrrr.
noiinrs, on th,. X s% , day pf Peceaber 19 13
ana an equal s um on the lat. da y of Pecem ber. 191'» and 1915 at the
First Katlonal Bank or Hutchinson— '. -
nnd in addition to sueh amount $..<. .... per acre for each and every acre cultivated on above
described premises In exdeu of °"P hundred ten ^„j,^
and the said second party further agrees that in addition to the rent before specified ..&P. will also
pay all taxes that may be assessed against said premises fur the year * /y7.7^r/*5...Snu... 1.7.16.. ..anrf
pay the same before the same become delinquent.
And It to fmrUuT Acn>«, By and betveen tht partUi at follow: That should th* taid teeond party fail to male* thtahev*
wntntiened payments as htrtin spenfied, or to pnij any of the rent afaresaul when, due, or fail tofulfl.lt any of tht eovenants
Ktrein contained, then and in that cafe said first party may rwenter and take possession of the above rented premises,
ttnd hold and enjoy the same without surh re-entering working a forfeiture of the rents to he paid by the said second
party for the full term of this lease That if th* said first party sells slid premises during the life of this lease and
before the erop is in the ground, and desires to give possession to .ll^jiurchaser-tlutLthe second party will forthwith
surrender possession of said leased premises upon the payment to..:.Z~ of f^.\r~.....per acre for each acre of said
premises newly plowed, by said second party at the time said possession is demanded; if sold after the crap is in, then said
second party shall have the right to remove such crop when ready to be harvested. That if said first party sells said
premises during the term of this lease, the purchaser may at any time enter upon the leased premises for the purpose of
plowing, breaking more land, summer-fallowing, cultivating or otherwise improving any part of said premises not in
actual cultivation by said second parly, and without such entry working any f..,rfeitur* of the rents herein ajreed to be
paid. That if said second party remains in possession of said premises after the expiration of the term for which
hereby leased, such possession shall not be construed to be a renewal of this lease, but to he a tenancy at the will of the said
first party, which mayL^ terminated U)wn ten days' notice, given by the said first usrty in writing, either dtlit
second party or sent »0.7>.*™.wiiM a sealed ennlope, duly stamped and directed «o.»?Al> .atHUtChlnaOH.-
first party, which may^fif terminated u/xm ten days' notice, given by the said first asrty in writing^ either_iUlivered
}l}^Vf.^^jg a sealed envelope, duly stamped and dirr'-i'*'''"^''^
vhich is hereby declared by to be...*lXP. — usual Post-office address.
And the said second party also covenants and agrees to and with the said first party, not to assign this tease or
underlet the above rented premises or any part thereof, without first obtaining the written consent of the said first party
and that.....^. '..urill, at the expiration of the time as herein recited, quietly yield and surrender the aforesaid
premises to the said first party, his heirs or assigns, in as good condition and re/fair as when taken, reasonable wear and
tear and damage'by the elements alone excepted. Said second party also covenants and agrees to cultivate the hereby
teased premises xn a careful and husband-like manner, and to maintain and keen up the fences so as to protect alt crops
from injury and waste, and to protect the fruit and shade trees thereon, and tu cut no green trees and to commit no waste
cr damage on said real estate and to suffir none to bs done: and to keep up and maintain in good repair all buildings,
stables, cribs, fences and improvements on said farm; and further agrees not to remove any straw or manure front said
/arm, but to spread upon said premises all manure made thereon. <
,4nd the said first parly covenants that the said second party, on paying the rent and porforminf the covenants
aforesaid, shall peaceably and quittly have, hold and enjoy the said demised premises for the term aforesaid.
Ta secure the payment of the rents herein specified and the faithful performance and strict ful fillment of all th*
eevsnants of said second party in this leas* contained, said second party dM-s hereby expressly mortgage unto said first
party all crops growing or grown on said premises during the term of this lease, and dees hereby expressly authorize and
fully empower said first party in the case of any default on the part of said second party in paying said rent or in
performing any of the covenants in this least, to seize and take r obsession of naid mortgaged, property at once, and sell th*
tame at public auction, with notice at provided by law, and out of the prt,ceeUs of said sale, to pay and discharge all
rents, damages and expenses which may at th* tima b» due and imeurred, and pay over to said second party tlu turplus
msoney arising from tueh tat*.
FIG. 6. BODY OF A CASH RENT FARM LEASE.
(With Chattel Mortgage Clause.)
LANDLORD AND TENANT 27
Jfn £iKlim0ng ^htnof, iioth piirtiet have li*rtunto get their hands and seals the day and year
hereinbefore written.
<::^^t^^)|^^>tVv^ ^g
.._M..wWt. 1
Count, otJ^£M2^
On ihu, 3rd. day of QC.VQPg.r .. A. D. I9ll>.. before me. a
Notary public — _ — within and for said County, personally appeared
Herbert K. Hanson and Edwin N. Wllllaas
to me known to be the person ^ described in and ii-lio executed the foregoing instrument, and acknowledged
tlvit ^ he y executed the same a*.. \:])P.ST fru act and dud. ^^—-% ,. ^
<S4i^.
jQtary. Public
My COinrclsBlon Expires 1915
FIG. 7. CASH RENT FARM LEASE. (Signature and Acknowledgment.)
and the payment of taxes assessed against the property; the
tenant, that he will pay the rent specified and will make
tenant-like repairs. Contrary to general belief the landlord
is not under obligation to keep the property in repair unless
the lease so provides. Where the lease is silent, the tenant
is bound to repair all ordinary breakage and to keep the
premises "wind and water tight." But, by statute, the
lessee is not liable for rent where, without fault or neglect
on his part, the buildings are destroyed or so injured by the
elements or other cause as to be unfit for occupancy, unless
the contract expressly so states. In the lease of a farm the
28
FARMERS' LAW
(Ei?i5 dareement; Made ^/usjm.. , _ ^day ofQctobei^ - _
^. i?. ii? ^3 , ^y and 6e«u;een Edwin w.. Williams oOM„ Of i,ynn V County
9£.}{9}:!p.9A^3I^^...§l!^k^^^^ - - > - ^-
paHy of the first paH. and HerbiEirj. Jt.,„jaanSQ^ -COUnty
of NcLeod and Btai6 oCUUiM ^ —
owner of the real estate hereinafter described, paHy of the second part
tPitneSSett;, That the party of the first part hereby agrees fo and with the party of the second
part, for the consideration hereinafter named, to well and faithfully till and farm during the season
of farming in the year i^^A.rrrTrrTTrrr^.commancm^ /i?l^ ., and
endingJ^^T9P Jr.^.^V* .r T^.^ig^.^..-, inagoodand husband-like manner, and accordingto
the usual course of husbandry, the following described premises and real estate situate in the County
and State of Minnesota, viz The . NOI'tnweS t .. quarter..
of-
UcLeoa
Of Section 16 In Township 11 6 Nqrth, Ra nge 30 West of the ^'ourth Prln-
cipal Meridian .
And the said party of the first part hereby further agrees to sow and plant the said land in such crops
as the party of the second part may direct, but said second party is to furnish all seeds necessary to sow
and plant said land, and is to pay one kn*.?.4_ _ of the threshing machine bill
far threshing the grain ^ ■ . - -
The party of Ibr ffr»t alto igre<«<o famUb. at h\m owo cott and eiproae, all proper and coavenlnittoolt, tramt, fltnt11«,farm
Inplemmta asd nacbincr^ (rxrepilriK a* bereioBrtor othrrwiw provided) to carry on and caltivate said tnmi during said aeason. and to rnmitb
AOd provide all proper aMiitanre aod bired bclp io aad aboot the caltivatioa and naoageiDeot of la'd farm, and to farm and cultlTate tbc eaid
laod> to tbc best adrantagc and according to bit bc«t aklU aod Judgment, and to maintain and keep up ttae fences to at to protect taid cropa
<rom injury and watte, tut tecood party It to fumitb material; and to watcb. care for aod protect the frtiit and »bade trrrs tbrrcon. and to cut
BO green tree* and to commit no watte or damage oa taid rral ettatc aad to aaOirr aone to be done, aod to crop aod cultivate tald laodt, aod
barrett. tfareab aod tecure tbc cropt grown tbereoa in a farmcr-lifcc ttylc aad In tbc bett possible manner during taid teaton, and after taking off
ttae cropa to plow immediately la a good aod proper manner to mocb aod tucb parts of taid farm tultable for a tuccerding crop at sball be
plowed at tbc time the party of tbc firtt part taket potaeatioo thereof, and to keep up and maintain In good repair all buildings, atablet. rrlbt,
fencet and improTcmentt on tald farm, but taid eecond party la to faroltb material; aod geoeralUdo aod perform all proper aod ordioary
work, labor care and tkill reguisiu, ntual or oecesaary to work aod crop taid premitet in a proper manner aod ttjic and to the best taterestt a/
tbe party of tbc tecood part ; and fiirtber agrcet not to remove any straw or manure from said farm, bat to haul out and spread on taid
fMTmitet all manure made thereon, and not to tell or remove or toflirr to be sold or removed any of the produce of taid farm or preroitet. or the
atock. incrcaae. income or tbe producta bercio mentioned of any fclad, character or description, until tbe division thereof, without the written
cooacot of the party of the accond part; and until such divlaioo tbc title aod pottession of all hay, grain, crops, produce, ttock. inrreate Income
aod pruductt raited, grows or produced on taid premisea tball be and remain in tbe party of tbe tecond part, aod taid party of the tecood part
baa a right to take and bold enough of tbe cropt, ttock. increase, income aod producta that would on ttae i
party of tbe firtt part, to repay any and all advances made to hir^ by pai^y of the tecond part and interest
aonum, and also to pay all indebtedness due said party of the second part by said party of tbc fir>t part, if any there be. Tbc party of the firtt
part la, alto, to work out the road tax on alt the taid laod. It is aisp agreed that lo caac tald party of tbe firtt part oeglecta or failt to perform
aoy of tbe conditiooa aod terms of this cooiract on bit part to be done aod performed, thro aaid party of tbe accond part ia hereby authorized
,aod empowered to enter apoo taid premises and take full and absolute potaetsion of tbc tame, aod be may do and perform %!! thinga agreed to
be dODC by ttae party of tbc firit part remaioiog undooe. aod to retain or tell tofficient of tbc cropa raited on taid premiaca that would otbcrsvttc
beloag toaaid first party tf be hi^ acc^rmed the conditions hereof, to pay aod tatisfyall costs •o'l rtpentes of every klndtacarred ia performing
•aid coatract. vyith interest at A per rent per anaam, tbc resfdne remaining. If any. of said cropa, ahall belong to tba Mid party of the
Arat part, after allcooditioos arc folfilled.
t!''6i5ir.'^'°p:?j
In, consideration of the faithful and diligent performance of all the stipulations of this contract
by the party of the first part, the party of the second part agrees, upon reasonable request thereafter
made, to give and deliver on said farm. the..^V9T^y\%.V:^^. - ■
of aU grains, vegetables i haV and frUlt
to raised and secured upon said farm during taid season
FIG. 8. BODY OF FARM LEASE. (With Crop on Shares.)
LA-KDLORD AND TENANT 2d
3n (CeStimOni) tPbereof, Both partUt have hereunto set their hands and seals the^ay and year
hereinbefore written.
signed. Seated and Delivered in Premenet of
[ Seal
State of Zninnesoto, \
County of }*9.hP.9.± L
. / On this-3ffL,. -tZ ay of QC t ObCT. - J l. D.
19 1J._, before me. a39AMV..?^^l%9. - within
and for said Count ij, personally appeared EdWlXl U . Wlll lnrna find
Herbert K. Hanson - .
to me known to be the pcrson^.....described in and who executed the foregoing
instrument and acknowledged that^^ heV executed the same as VhS.%V....fre»
'""^'"'- <-^^tM4/Av/- - -
Notary public
Uy Comfiisaibh Expires T91
FIG. 9. FARM LEASE WITH CROP ON SHARES.
(Signature and Acknowledgment.)
lessee also impliedly promises to cultivate it in a husband-
like manner.
TENURE OF THE LEASE
A tenant of a farm who plans not to have a lease extend-
ed should move from the leased property at the end of the
term, for, if a tenant has been in possession under a lease
for one or more years and holds over without making a new
lease, he may be considered a "tenant from year to year."
This means that his term is extended for a year beyond the
date of the termination of the lease.
The relation of landlord and tenant may cease (1) by
the consent of both parties, (2) by breach of covenant, or
(3) by eviction of the tenant. If the lease is oral, an oral
agreement to end the relation of landlord and tenant is
valid ; but if the lease is in writing, an oral surrender is not
enough unless the landlord takes actual possession.' If the
tenant breaks an express or implied covenant the landlord
usually has the right of re-entry.
30 FARMERS' LAW
EVICTION
In Minnesota, when a lessee holds over lands after the
termination of the time for which they are leased to him, or
contrary to the conditions or covenants of the lease, or
after any rent comes due according to the terms of the
lease, the person entitled to the premises may obtain posses-
sion by an action in court.
RIGHTS OF THE LESSEE TO EMBLEMENTS
When, through some cause not the fault of the lessee,
the relation of landlord and tenant ends, the tenant is en-
titled to emblements. Thus, all grains and other products
planted and cultivated by the tenant are his to harvest, if
the lease is terminated through some act not his. But if
the cause of the termination rests with the tenant, he must
suffer the loss of the emblements. Whenever the landlord
re-enters the farm he is entitled to the crops.
DIVIDING CROPS UNDER LEASE ON SHARES
Where the lease provides that the tenant shall farm the
land on shares and no time is set for dividing the crop, the
time for division is taken to be the date when the crop is
harvested.
ESTOVERS
A tenant, unless the lease so directs, may not cut the
standing timber on the land in order to sell it. He may
not dispose of it in any other way. What he cuts must be
used on the farm. He is not permitted to cut down live
trees for fuel, although he has the right to use all dead
standing and fallen timber for this purpose. He may also
cut standing timber for purposes of repair.
A statement as to who has the right to manure on a farm
that is being worked under a lease is made in the chapter on
Farm Products.
CHAPTER VI
FARM LABORERS
All persons who work for others are classed in law as
servants. The relation of the farmer and the laborer he
hires is that of master and servant, or employer and em-
ployee. The contract is an agreement to perform some gen-
eral or particular farm service for pay or wages.
Under the Statute of Frauds, if the employment is to be
for a year or more, the contract, to be valid, is required to be
in writing. For periods of service of less than a year the
contract may be an oral agreement. Whether the agree-
ment be oral or written, it is important that there be a very
clear understanding between employer and employee as to
the obligations of each in the contract.
If the amount of the wages is not definitely agreed upon
at the time the laborer enters into the service, he may
collect "reasonable" wages. Reasonable wages are those
commonly being paid for like services at the time and place
where the wages are in question. When a laborer performs
services for an employer, it is taken for granted that com-
pensation is to be made.
Where the length of the employment is not fixed by an
agreement of employer and employee, either may end the
term at any time. Where the employment is for a fixed
time, the laborer is bound to serve during such time, except
for cause such as sickness, other physical inability, or failure
of the employer to carry out his part of the contract. The
employer, on his part, is bound to provide the employee
32 FARMERS' LAW
with work for all the time pledged in the contract, and he
can not plead that he has no work for the employee. Where
the employee remains idle under such a contract, the
employer is liable to make compensation according to the
terms of the contract. A laborer who is discharged by his
employer, even for sufficient cause, has a right to his wages
until the time of dismissal. But, if he quits work before his
time is up or before the work contracted to be done is com-
pleted, without good excuse, he is entitled to no pay.
The employer has a right to discharge a laborer for any
good cause. Some good grounds for discharge are: refusal
to obey a reasonable order, habitual drunkenness, insolence
toward employer, absence for a day without permission
during a season when his labor is greatly needed, criminal
offences, etc.. On the other hand, an employee may quit
the service of his employer for, among others, the following
reasons: where the lodging furnished by the employer is
uncleanly or the food unwholesome, if the employer is cruel
toward his servant, if he requires the servant to work beyond
necessary care of livestock on Sundays, and if the hours of
labor are unreasonable. In reviewing these grievances it is
well to recall that farm laborers in Minnesota do not come
under the statute making ten hours a day's work for hire.
In Minnesota, payment to a minor of wages is valid
payment unless the parent or guardian notifies the em-
ployer to the contrary. A minor is any male person under
twenty-one years of age and any female under eighteen.
It is a well established principle of common law that a
man must manage his own affairs so as not to injure others.
This principFe applies whether a man acts in person or
through an agent. An employer is thus made responsible
for injury done through the negligence of his servant while
about the performance of duties for which he is hired.
CHAPTER VII
FARM PRODUCTS
Trees and other natural products are considered real
property until they are detached from the earth as separate
things. Detached, they are personal property. For in-
stance, standing timber is considered real estate, but when
cut into cordwood it becomes personal property. When
we consider crops*, however, we find them divided into two
classes: those that grow without special cultivation and
those that return the labor and expense put upon them
strictly within the year. The latter are known as emble-
ments. Grasses, both wild and tame, growing from year to
year, and fruit growing on trees or bushes are examples of
the former, while corn, wheat, oats, and vegetables are
examples of emblements. Emblements are held in law
as personal property even before they are severed from the
soil and are, of course, personal property after being
detached, while the others are real property until detached,
when they become personal property. Under modern
methods of fruit growing, orchards are cultivated and fertil-
ized, thus increasing the yield by yearly labor. But this
does not place the yield in the class of chattels before the
yield is severed from the trees or bushes.
The reason for using space here for making the above
classes will be seen from the following applications. Con-
tracts for transfers of real estate are void if not written.
Therefore, for instance, an oral contract for the sale of
wild grass on uncultivated land or of fruit on trees in an
34 FARMERS' LAW
orchard is of no effect. Such contracts must be in writing.
But contracts for emblements are merely sales of chattels
and are valid if oral and to be performed within the year.
If, however, the owner is to cut the grass or pick the fruit,
the sale will not be completed until these crops are severed.
When severed they are no longer part of the real estate,
and the contract becomes valid. Another interesting appli-
cation frequently made use of grows out of these distinc-
tions. The theft of a part of the real estate is in reality
trespass. Theft of personal property is larceny. But, in
the act of severing the crops from the soil, the thief converts
real into personal property and, for carrying away this per-
sonal property, he may be charged with larceny.
MANURE
Manure is usually considered real property and, in a
transfer of a farm by deed or otherwise, is treated as a part
of the farm. Manure produced on a leased farm is the
property, not of the tenant, but of the farm owner. A
tenant would not, therefore, be acting within his right if he
sold the manure. One might easily imagine, however, a
case where the tenant fed a large herd of stock for market
with feed that was purchased and not raised on the farm
occupied by the tenant, that is, where the farm could not
produce enough feed for so much stock. In such a case one
would be correct in assuming that to the tenant would
belong the additional manure.
LEVY UPON GRAIN
A levy may be made upon growing grain or grass, but no
sale shall be made under such a levy until the grain or grass
is ripe or fit to be harvested. But provisions for the
debtor and his family for one year, either provided or grow-
FARM PRODUCTS 35
ing, and necessary seed for actual personal use for one season
not to exceed one hundred bushels each of wheat, barley,
potatoes, and oats, and ten bushels of corn may not be taken
by the owner's creditors.
DAMAGE TO CROPS
A farmer may recover the value of crops damaged or
destroyed by the neglect of another person. If this damage
is due to the servant or agent of that other person or of a cor-
poration, it is just as if the destruction had been caused by
the employer. A common example of this is the burning
of grain in the shock or stack caused by sparks from a rail-
road engine. By statute in Minnesota, the fact that the
fire was so scattered is considered prima facie evidence of
neglect.
SEED GRAIN CONTRACTS
Crops are often subject to a chattel mortgage given
when the seed grain is purchased. To secure the loan or
purchase of seed grain, where the farmer has not the ready
money to pay for the same, it is rather common for the buyer
to give the lender or seller a note of contract that contains a
statement of the amount and kind of seed and the other
terms of the agreement. The instrument is then filed with
the register of deeds of the county in which the crop to
be grown is located, as in the case of any chattel mortgage.
The mortgagee then has a legal claim upon the crop grown
from the seed according to the terms of the agreement.
This lien extends through one year from the date of filing
the contract and precedes all other liens upon the crop.
THRESHER'S LIEN
Any person owning and operating a threshing machine
has a lien upon grain threshed for the price of the work of
36 FARMERS' LAW
threshing it. Such a legal claim precedes all other liens
except for the seed from which the grain was grown. In
order to have such a lien, the thresher should file with the
town clerk a sworn statement of the amount and kinds of
grain threshed and the date of the work with the rate per
bushel, total charge, amounts paid thereon, if any, and the
balance due, as well as the name of the owner and the person
who requested the work to be done. This filing must be
done within ten days after the threshing is completed. An
action to foreclose the lien must be begun within six months
of the date of the filing. As much grain is seized as will pay
the amount of the claim and cost of seizure and sale.
DAIRY PRODUCTS
Persons selling milk or cream in any village or city,
except for the purpose of supplying a butter or cheese fac-
tory, must secure a license from the State Dairy and Food
Commissioner. The license fee is one dollar for each vehicle
or place from which the sale of milk or cream is made.
These licenses expire May 1 . But persons keeping not more
than three cows and selling no milk or cream except from
those three cows need not secure a license.
No preservatives like borax, boric acid, salicylic acid, or
formaldehyde may be used in milk, butter, or cheese. The
fine for each offense of this kind is not less than $15 and not
more than $25.
No person is permitted to sell unwholesome or adulter-
ated milk or cream. Within the meaning of the law un-
wholesome or adulterated milk is such as has been drawn
from cows kept in filthy or unsanitary places, or from
unclean or diseased cows, or from cows fed upon garbage or
decayed substances in any form. Cream taken from milk
of this kind is considered unwholesome or adulterated.
FARM PRODUCTS 37
Furthermore, milk containing more than 87 per cent of
water, or less than 3}/4 per cent of butterfat, and cream
containing less than 20 per cent of butterfat are considered
adulterated.
Statute provides that milk and cream purchased for
manufacturing butter or cheese must be paid for by
weight and upon the basis of its content of butterfat. The
Babcock test must be used for finding the per cent of butter-
fat.
UNFAIR DISCRiMINATION IN PRICES PAID
FOR DAIRY PRODUCTS
Persons or firms engaged in the business of buying milk,
cream or butterfat for the purpose of manufacture are for-
bidden to pay higher prices in one locality than another.
Of course, in comparing prices that may come under the
application of this law, due allowance must be made for any
real differences in the cost of carrying from the place of
purchase to the place of manufacture. The penalty for
breaking the law is a fine of not more than $500 or impris-
onment in the county jail for not more than six months.
THE "65 MILE" LAW
A recent piece of legislation is the "65 mile" law, which
forbids the shipment of cream for a distance of more than 65
miles unless the shipment is made in a refrigerator car or
unless the cream has been effectively pasteurized. For
offences under this law agents and ^ailroad companies are
made punishable by fines of from $15 to $75.
CHAPTER VIII
NURSERY STOCK
INSPECTION OF NURSERY STOCK
A much-needed law on inspection of nursery stock was
passed by the State Legislature at its 1913 session. This
law makes the state entomologist also the state inspector of
nurseries and gives him free access to all fields, packing
grounds, buildings, cellars, and other places in order to
carry out its provisions. Under this act all nursery men
and all others having nursery stock in charge are required
to make application for inspection on or before May 1 of
each year. The inspection is done between May 1 and
September 30. Certificates are issued to all nurseries where
the stock is found free from injurious insects or contagious
diseases. A fee of five dollars must be paid by the appli-
cant before the certificate is issued.
INFESTED NURSERY STOCK
Should the inspector, in carrying out the duties of his
office, find a dangerous insect pest or plant disease, he may
inform the owner in writing by what means it can be eradi-
cated. Should he find the stock so badly infested that
treatment will not be eff"ective, he may order the owner to
destroy the stock. If his orders are not obeyed, the state
inspector shall order the work done and if the costs of the
work are not paid within sixty days, they may be collected
by the county attorney in civil action.
NURSERY STOCK 39
SHIPMENT WITHIN THE STATE
All shipments of nursery stock from any point in the
state to other points within the state must be accompanied
by certificates of inspection on each package. Railroad and
express companies are forbidden to take stock for shipment
that is not so tagged.
NURSERY STOCK FROM OUTSIDE THE STATE
All nursery stock brought into the state must be accom-
panied by a certificate from the inspector or other proper
official of the state from which it comes. The certificate
must state that the stock is free from pests and diseases.
Certificates of firms in other states must be on file with the
Minnesota inspector before such firms are permitted to ship
into the state for distribution or sale. Foreign grown
stock imported into Minnesota under the Federal quaran-
tine law is to be inspected at the point of its destination.
Such stock may not be opened unless the inspector is pres-
ent. He is to be notified at least forty-eight hours in
advance of the opening of the package so that he may be
present.
CHAPTER IX
THE SEED LAW
THE LAW IN GENERAL
During its 1913 session the State Legislature passed an
"Agricultural Seed Law" which promises to be of great
importance and value to farmers. This law makes for com-
pulsory labeling, free testing, and state inspection of seed.
It provides, also, what many otherwise good laws fail to do,
for its own enforcement and for penalties for its violation.
WHAT SEED THE LAW INCLUDES
The law is intended to include "red clover, white clover,
alsike clover, alfalfa, Kentucky bluegrass, timothy, brome
grass, orchard grass, redtop, meadow fescue, oat grass, rye
grass and other grasses and forage plants, corn, flax, rape,
wheat, oats, barley, rye, buckwheat and other cereals,"
and these only when they are "sold or offered or exposed for
sale, or had in possession with intent to sell within the
state for purposes of seeding."
LABELING
If the above seeds are in lots of one pound or more, they
must be labeled. According to the statute the label must
be in writing or in printing which must be as large at least
as "EIGHT POINT HEAVY GOTHIC CAPITALS." The
writing or printing must be in English. The label must give :
( 1 ) The commonly used name of the seed . I f a variety
name is used, it must be the correct one.
THE SEED LAW . 41
(2) The percentage of germination of the seed, that is,
the percentage of the seed that will start to grow. As differ-
ent samples of the same seed do not germinate with exactly
the same percentage, only the approximate percentage needs
to be on the label. The date of the test for germination
must also be given.
(3) The percentage by weight of the seed of quack
grass, Canada thistle, perennial sow thistle, and dodder, if
any, contained in the seed. The percentage here also needs
only to be approximate.
(4) The approximate percentage by weight of pure
seed.
(5) The place where the seed was grown. If it was
grown in the state, the label should contain the words
"grown in Minnesota," except that the label for corn should
contain the name of the county where grown. If the seed
is brought in from outside th& state, the label should tell
from what state or country, v
(6) The full name and address of i the person selling or
offering the seed for sale. '-
EXCEPTIONS AS TO LABELiNG
Persons selling seed that is to be cleaned before it is
offered for sale for use as seed are excused from attaching
a label as above described if they have marked on the out-
side of the container "not cleaned seed." Also, if such seed
is to be shipped outside the state, it needs only to be marked
"not cleaned." Lawn grass mixtures are excepted from
the parts of the label given under (1) and (5) above.
PENALTIES FOR VIOLATING THE LAW
Those who violate any of the provisions of the law are
guilty of a misdemeanor and when convicted will be fined
42- FARMERS' LAW
for the first offense not less than $10 and costs nor more
than $100 and costs. For a second or later offense the
penalty is not less than $100 and costs nor more than $500
and costs.
TESTING AND INSPECTING SEED
The Agricultural Experiment Station at St. Anthony
Park has full charge of inspecting, examining, and testing
seeds sold or offered for sale in the state. For this work
the Station or its agents are given free access to the seed
at all reasonable hours whether on the premises or elsewhere.
To make proper tests these agents may take samples of
seeds by offering payment for them.
Any citizen of Minnesota may have samples of seed
tested and analyzed free of charge by sending them to the
Agricultural Experiment Station at St. Anthony Park and
paying transportation charges. The authorities at the Sta-
tion have made some rules for the regulation of testing and
analyzing work which all senders will do well to follow.
The most important are here given:
(1) Samples should be sent by mail.
(2) State whether purity or germination test or both
are wanted.
(3) Samples of small seeds, such as grasses, should
weigh from one to two ounces.
(4) Samples of large seed, such as grains, should weigh
from two to four ounces.
(5) With every sample should be included the follow-
ing:
(a) Name and address of the sender.
(b) A number on each package when more than
one sample is sent.
THE SEED LAW 43
(c) If the seed is home grown it should be so
stated.
(d) If the seed was purchased, the name of the
person of firm from whom purchased.
(6) The reports of the tests are for private information
and can not be used for advertising purposes.
CHAPTER X
WEEDS
Under the Laws of Minnesota each of the following
plants has been declared noxious and a common nuisance :
(1) wild mustard, (2) wild oats, (3) cocklebur, (4) burdock,
(5) tumble mustard, (6) Canada thistle, (7) oxeye daisy, (8)
quack grass, (9) French weed, (10) Russian thistle. Per-
sons owning, occupying, or controlling land are forbidden
to permit the first eight plants in this list to go to seed on
that land. Furthermore, Canada thistle, oxeye daisy, and
quack grass may not for two successive years be allowed to
reproduce themselves by crowns, underground stems, or
buds. French weed is to be prevented from producing
seed for more than four successive years and Russian thistle
must be kept from growing at all. In addition, any owner,
occupant, or person controlling lands is forbidden to permit
these weeds and a list of others, including white daisy, snap
dragon or toad flax, sow thistle, sour dock, yellow dock, or
other weeds or grasses, to grow on the half of the highway
abutting on those lands.
The method of enforcing this law is provided as follows :
Upon written complaint to the chairman of the town board
he must at once inspect the premises complained of. If he
finds the complaint well-founded, he has written notice
served upon the person permitting the weeds to grow,
directing him to carry out the requirements of the law
within sixty days. If the notice is not obeyed within this
time, the overseer of the roads must immediately destroy
WEEDS 45
the weeds, make report of the work to the town clerk, with
an itemized account of his services in so doing. The
account shall include two dollars per day for the time of
his necessary employment. Wages for men and teams to
do the work may be allowed at the rates paid for labor upon
roads. The town is to pay the bill from its road funds,
and, if the sum is not paid by the owner or occupant before
October 1, the county auditor, upon notice of the town
clerk, extends the same upon the tax list as an additional
tax upon the land. Where noxious weeds are so mixed
with the growing crop that the weeds can not be eradicated
without serious damage to the crop, a written agreement
may be made with the chairman of the town board by the
owner or occupant to destroy the weeds in specified parts of
the land and to properly treat the remainder when the crop
has matured.
Every person or officer failing to carry out the provi-
sions of this statute on weeds as these provisions bear upon
him is guilty of a misdemeanor.
CHAPTER XI
FARM ANIMALS
ESTRAYS
Legally, an estray is an animal found wandering free
from the care of its owner, who is not known. An animal
which has escaped for a brief time only and wandered but a
short distance and the owner of which is known can not be
considered an estray. No person in Minnesota may take
up an estray, except a horse or mule, unless he finds the
animal upon lands owned or occupied by himself and in the
town where he lives. The owner of an estray must pay all
reasonable charges for care and feed where, in his search, he
finds the person who has taken up the animal. If the
owner of an estray that exceeds five dollars in value remains
unknown, the finder is required to give four weeks' published
notice of the estray. The notice must contain a brief
description of the animal, name and residence of the finder,
and the time and place of taking up. If the value is less
than five dollars, the finder is required to give posted notice
only. Where the estray is less than ten dollars in value and
if no claimant causes its return to him, the finder becomes the
owner without further procedure; but where the value is ten
dollars or more the animal is to be appraised by a justice of
the peace. In this case, if no one makes claim or pays all
reasonable costs, the justice, at the request of the finder,
orders any constable in the county to sell the animal at pub-
lic auction. After deducting all reasonable charges the
officer must deposit the remainder of the money with the
FARM ANIMALS 47
county treasurer. If money deposited is not claimed
within one year, it is paid over to the public school fund.
DISTRAINING
Whenever an owner or occupant of lands finds any
beasts doing damage thereon, before returning the animals
to their owner or keeper and until damages are fixed, he
may keep such animals on his premises or in the public
pound. Any person so distraining must give notice to the
owner and apply to a justice of the peace to fix the amount
of damages. Any time before this appraisal has been made
or action is brought to recover the damages caused by ani-
mals, the owner may offer the distrainer the amount he
claims in damages. If the amount of damages fixed by
the appraiser is not paid within twenty-four hours, the ani-
mals are to be placed in the public pound by the pound-
master and sold at public auction after three days* posted
notice. If there is no public pound the sheriff or any
constable shall sell the beasts. The purchaser of any such
animals sold for damages must keep them at least two
months, during which time the owner may redeem them
by paying all costs of keeping and the amount paid for
them at the sale with interest at twelve per cent per year.
LIABILITY OF RAILROADS
Every railroad company is required to build and keep
upon each side of all roads owned and operated by it "good
and substantial fences," except at station and depot grounds
and other places which the business of the road or public
convenience requires to be open. Where a company does
not meet this requirement, it is liable for all domestic ani-
mals killed or injured by this negligence.
48 FARMERS' LAW
DAMAGE CAUSED BY ANIMALS
When horses run away after being left loose or unat-
tended in a public road or street the owner must pay for all
damages they cause in running away, as his failure to
secure the animals or attend them is considered negligence
in him. But if a horse, against all that a driver can do,
while being driven along a public road, works damage by
running off the road into adjoining property, the owner of
the horse need not make good the loss caused by this act.
Generally, owners are liable for damage caused by their
livestock in trespassing upon fenced lands, but such an
owner is not liable where the lands are not inclosed, unless
he knowingly drives the animals upon the open land of
some other person.
DISEASED ANIMALS
Persons owning or having control of horses afflicted
with glanders may not permit such animals to run at large
or be driven upon any highway. They are not permitted
to dispose of such animals in any way to any other person.
It is a gross misdemeanor to import or drive into the state,
turn out or suffer to run at large upon highways or lands
not enclosed, or to dispose of to others any sheep known to
be infected with any contagious disease. The carcasses
of all domestic animals known to have died of any disease
must be buried at least three feet in the ground or be
burned. Such carcasses must not be sold. No animal
thus diseased may be permitted to run at large.
The state laws provide for a Live Stock Sanitary Board
of five members, which works with the local boards of
health to protect the health of domestic animals of the
state. This board, as well as the local board of health,
which is, in the town, the board of supervisors, has authority
FARM ANIMALS 49
to quarantine or kill any animal infected with or exposed to
any dangerous or infectious disease. Any person who
knows or has reason to suspect that such a disease exists in
any domestic animal must immediately notify the town
board, who will notify the state board.
There is no law in the state compelling the tuberculin
testing of cows, although in the minds of many such a law
is much to be desired. But some cities have passed ordi-
nances requiring all those who sell milk within the city
limits to have their cows so tested.
After the Live Stock Sanitary Board knows that an
animal is infected with tuberculosis or glanders it may
order such animal shipped for killing at any of the slaughter-
houses in the state where there is Federal inspection. These
slaughter houses are at South St. Paul, Albert Lea, Man-
kato, and Fergus Falls. Before being taken from the prem-
ises of the owner the animal is appraised by three disinter-
ested men. The appraisal is limited to sixty dollars for a
cow and one hundred twenty-five dollars for a horse as
maximum amounts, except in case of pure-bred stock, when
the highest appraisal that may be made is one hundred fifty
dollars. The cost of shipping is paid by the Live Stock
Sanitary Board. If after slaughter the animals are found
to be free from any contagious or infectious disease, the full
amount of appraisal, less the value of the carcass, shall be
paid to the owner by the state. If they are found to be
afflicted with glanders or tuberculosis, the value of the car-
cass will be taken from the appraised value and three-
fourths of the remainder will be paid to the owner.
ANIMALS BROUGHT INTO THE STATE
For all domestic animals brought into the state for work,
feeding, breeding, or dairy purposes, a certificate of health
50 FARMERS' LAW
must be filed with the Live Stock Sanitary Board. In the
case of cattle over six months of age brought into the state
for breeding or dairy purposes, the absence of tuberculosis
must have been determined by the tuberculin test within
thirty days preceding the date of their importation.
HOG CHOLERA SERUM
A 1913 statute declares the hog cholera serum plant at
the College of Agriculture the hog cholera serum plant of
the State of Minnesota, and provides that the serum there
made be sold to any hog owner in the state at one-third of
one cent per cubic centimeter and express charges. It
further states that if the state plant can not supply the
demand by its own manufacture, to do so it may purchase
the serum in the open market. The law requires that this
serum be used only by veterinarians.
LIEN OF AGISTERS
One who for pay takes cattle, horses, or other domestic
animals to pasture on his land is known in law as an agister.
Besides furnishing the pasturage, an agister is generally
liable for negligence and must be ordinarily careful in pro-
tecting the animals in his charge. The Minnesota Statute
gives the agister a lien upon the animals for pasturing them,
although the lien does not exist after he voluntarily gives
up the animals before payment.
LIEN FOR SHOEING
Shoers have a lien upon a horse or other animals which
they have shod. To have such a lien the shoer, within six
months of the date the work was done, must file with the
town clerk, village recorder, or city clerk a statement made
under oath and a notice of his intention to claim a lien
FABM ANIMALS 51
Upon the animal for his charges for shoeing same. The fee
for fiHng is twenty-five cents. Within six months of the
fiUng he commences suit for recovery of the charges for
shoeing. Summons, judgment, and execution follow as in
other civil actions of this nature.
LIEN FOR SERVICE OF STALLION, ETC.
The owner of a stallion, jack, bull, ram, or boar kept for
public service has a lien upon the young of the animal for
the value of the service. To keep the lien the owner must
file with the clerk of the town where the female is kept and
within six months of the date of the service a sworn state-
ment containing a description of the female, the time and
place of service, and the amount due for it. The lien is
foreclosed by advertisement and sale as described under the
head of chattel mortgages.
CRUELTY TO ANIMALS
Minnesota Statute makes it a misdemeanor for any per-
son to —
(1) "overdrive, overload, torture, cruelly beat, neg-
lect, unjustifiably maim, mutilate, or kill any
animal or cruelly work same when unfit for labor,
whether belonging to himself or another;
(2) "deprive of necessary food, water, or shelter any
animal of which he has charge or control ;
(3) "keep cows or other animals in any enclosure with-
out wholesome exercise and change of air;
(4) "feed cows on food which produces impure or un-
wholesome milk;
(5) "abandon any maimed, sick, infirm, or disabled
animal to die in any public place;
(6) "allow any such animal to lie in the street, road, or
other public place for more than three hours after
notice."
52 FARMERS' LAW
Cutting the bony part of a horse's tail for the purpose of
docking it is punishable by fine and imprisonment. Per-
mitting any clipped animal to stand unblanketed in any
unsheltered place between November 1 and May 1 and
within sixty days after such clipping, is made a misdemeanor.
Poisoning or trying to poison any animal either one's own
or the property of another may be punished by fine or im-
prisonment or both. A sheriff, constable, village marshal,
police officer, or any officer of any society for the prevention
of cruelty may remove and care for any horse or other ani-
mal found exposed or remaining more than an hour without
attention in bad weather, or not properly fed and watered.
When necessary the officer may deliver the animal to
another person to be properly cared for, notifying the owner,
if known, at once of what is done. The officer or the person
in possession will have a lien upon the animal for its care
and the reasonable value of its food and drink.
DOGS
Dogs are considered personal property. The owner or
keeper of any dog which kills, wounds, or worries any
domestic animal is liable to the owner of the animal for its
value, and any person who keeps or harbors such a dog, after
having received notice of the fact of its acts, is required to
pay a fine of five dollars for each day he permits such a dog
to remain on his premises. Any person may kill without
notice to the owner a dog which he finds worrying or injur-
ing sheep, and a sheep owner may kill any dog found on the
premises where he keeps sheep, if the dog is not under the
control of its owner or some other person. A dog that
habitually worries, chases, or molests teams or persons travel-
ing peaceably on a public road is a public nuisance. Such
a dog may not be killed except as follows: complaint is
FARM ANIMALS 53
made in writing to a justice of the peace who summons
the owner or keeper of the dog to a hearing. If, after the
evidence, the justice finds that such a dog is a public nui-
sance, he orders the constable to kill and bury the dog.
CHAPTER XII
FARM BOUNDARIES, ROADS ABUT-
TING ON THE FARM, LINE
AND LEGAL FENCES
BOUNDARY DISPUTES
Questions and disputes as to farm boundaries or lines
between farms are constantly arising and are a very frequent
cause of ill-feeling between neighbors. Much of this ill-
feeling grows out of ignorance of the correct location of the
boundary line and a neglect of the means of learning what
that correct location is. If there is a real or honest misun-
derstanding, both parties should be willing to leave the
establishment of the line to a competent surveyor. Ac-
cording to statute any person owning land or having an
interest in it may bring an action in the district court
against the owner or persons interested in adjoining lands
to have the boundary line established. The court will then
by its judgment establish the boundary line. Under com-
mon law, where both parties to the misunderstanding are
uncertain as to the correct location of the line, a written
agreement between them establishing the line will be valid.
If the disputing owners come to an oral agreement and have
actual possession according to the line agreed upon for some
time after the agreement, such an oral agreement will stand.
Occupation for fifteen years following an oral agreement
will give title.
FARM BOUNDARIES 55
ROADS ABUTTING ON THE FARM
The owner of a farm abutting on the highway has a right
to all grass and trees growing on his half of the highway. A
farmer has the right to plow, level, and seed to grass the part
of the highway not actually used for public travel, except
within one rod of the center of the road. But by such work
he is not free to interfere with public travel. After he has
obtained the written approval of the town board concerning
a town road or of the county board concerning a county
road, he may plant trees on the side of the road within six
feet from the outside line. It is a misdemeanor for any
person to plow or dig up any part of the road except as
described in this paragraph.
When an owner of property along a road at least sixty
feet wide wishes to rear a hedge upon his property, to pro-
tect the hedge while growing he may build a fence upon the
road not more than six feet from the outside line, and he may
keep the fence there for five years after the hedge is planted.
The town board has been given the right to order when
trees or hedges on roads shall be cut down. But other trees
than willows can not be ordered cut down unless the center
of each tree is more than six feet from the outside line of
the road. Such trees may be cut down if they interfere
with keeping the road in good order or if they cause the
snow to drift in on the road enough to materially obstruct
travel. When the town board orders such trees to be cut
down the owner is allowed ninety days in which to do it. If
he fails to cut them down within that time the town board
has the power to order them cut down at town expense.
The wood of the trees belongs to the owner if he pays the
expense of cutting and removes them from the roadside
within sixty days. Where they are not removed by the
56 FARMERS' LAW
owner they may be sold by the town board and the pro-
ceeds go into the town road and bridge fund.
Town boards are required to build one good culvert for
the owner of abutting land when, on account of grading a
road, a culvert is necessary for a suitable approach from the
highway to the driveway leading from the abutting land.
STREAMS AND LAKES AS BOUNDARIES
If a stream forming the boundary of a farm is not navig-
able, the title to the farm reaches to the middle of the
stream. Islands between the middle of such a stream and
the bank are a part of the farm. But the title to a farm
bordering a navigable stream extends only to the highwater
mark. Navigability in fact makes a stream navigable in
law in Minnesota. All fresh water lakes but the larger
navigable ones are covered by titles to their shores, and a
title to one side of a pond will reach to the middle of the
pond unless the deed expressly denies this. Any sudden
change in the banks of a stream, through flood or other-
wise, does not change the boundary line of farms bordering
the stream.
TREES ON OR NEAR BpUNDARY LINES
Disputes often arise respecting trees on or near division
lines of adjoining farms. Who is entitled to their fruits,
or what may be done in case of damage wrought by such
trees? Courts have usually ruled that neither adjoining
owner possesses the right to destroy a tree located on the
boundary line without the consent of the other owner.
But there is no joint ownership where the trunk of a tree
rises from the ground some feet from the boundary line, and
no person has a right to fruit growing on branches which
overhang his land and extend from trees growing on his
LEGAL FENCES 57
neighbor's land. If these branches are a nuisance to him
he may remove them after having given notice to the tree
owner.
FIRES SPREADING TO A NEIGHBOR'S LAND
It is a misdemeanor for any person who, having set on
fire any woods, praide, or other combustible material on his
own land, negligently permits the fire to extend beyond the
limits of his land, and he is liable for any damages resulting
from such negligence.
LEGAL FENCES
In Minnesota the supervisors of the respective towns,
aldermen of the cities, village trustees, and county commis-
sioners in counties not divided into organized towns are the
fence viewers.
With us, fences must have the following characteristics
in order to be recognized as legal :
(a) Board fences. These must be at least 54 inches
high and the boards must be fastened to posts not
more than 9 feet apart. The distance from the
ground to the bottom board must not be greater
than 20 inches and the distances between the
boards not more than 9 inches.
(b) Fences of one smooth and two barbed wires. The
■' <"■ s wire must be firmly fastened to post.s not more than
•. t - ' 33 feet apart with two stays between the posts.
The barbed wire must have at least 40 barbs to the
rod. The top wire is to be not more than 52
nor less than 48 inches high, and the bottom wire
is to be not less than 16 nor more than 20 inches
from the ground. ^ • -• • - .
58 FARMERS' LAW
(c) Fences of four smooth wires. Posts and stays and
bottom wire as in (b). The top wire should be not
more than 54 nor less than 48 inches high.
(d) All other fences consisting of rails, timbers, boards,
stone walls, or any combination thereof, or of lakes,
streams, ditches, or hedges, which are considered
the equivalent of (a), (b), or (c) by the fence view-
ers.
LINE FENCES
Partition or "line" fences, as long as both adjoining
farmers continue to improve their lands, are to be main-
tained in equal shares. If any person neglects to repair or
rebuild his share of any line fence, his adjoining neighbor
may complain to the fence viewers. After notice to the
parties the viewers examine the fence and, if they decide
that it is insufficient, they are to direct the delinquent
neighbor to repair or rebuild within a certain time. If he
still neglects his duty, the complainant may do the necessary
work and recover double the expense of the work, together
with the fees of the viewers. The complainant has access
to the courts for recovery. In case a dispute arises as to
the rights of adjoining owners to line fences, either party
may apply for settlement to the fence viewers, who shall
assign to each his share in such fence, fixing the time by
which it is to be erected or repaired. Failure to comply
with the assignments of the viewers is dealt with as in the
case of complaint. Where the boundary between two
farms is a stream not of itself a sufficient fence and it is not
practicable to place a fence in the middle of the channel
where the true boundary is located and the occupants can
not agree as to where the fence shall go, either party may
apply to the viewers for settlement. Any person serving
LINE FENCES 59
six months* written notice upon an adjoining owner of his
determination not to improve his lands need not thereafter
keep up his share of the fence during the time his lands are
open and unimproved, and he may even remove his share
unless the adjoining owner pays him for it.
CHAPTER XIII
WATERS OF THE FARM
RIPARIAN RIGHTS
The term "riparian" has its source in the Latin word
"ripa," meaning the bank or shore of a river. Riparian
rights, then, are rights which come with the possession of
land under or along a stream, — under, in the case where,
as we learned in the chapter on farm boundaries, the farm
borders on a stream not navigable; along, when the stream
is navigable.
Standing water is the property of the owner of the soil,
to be used and enjoyed largely as he chooses. Where a
man owns both banks of a stream not navigable he has title
to the full breadth of the bed of the stream and has right to
the use of its waters, while a man owning only one bank of
such a stream has the same use of the waters for his half of
the stream only. This right includes its use for agricultural
and domestic purposes, or for power. In this use he may
not interfere with the similar rights of others below him on
the stream. He may use the stream in any reasonable
manner, such as permitting his cattle to run in a pasture
bordering the stream, even though the stock makes ioul
the stream and causes it to be unfit to drink. But he is
forbidden to throw offal or carcasses of dead animals into
the stream or in any way to pollute the water of the stream.
An upper owner along an unnavigable stream may even
draw from running water if he does not unreasonably cut
down the flow of the stream. An owner of land along a
WATERS OF fHE PAliM 61
stream of this kind may not completely block it up or turn
it aside without the consent of lower owners, though he may
dam the stream for power without their consent.
While an unnavigable stream is a private way, a navi-
gable stream is a public highway ; and even though a farmer
owns land on both sides, he is not permitted to obstruct
the stream by fence or otherwise.
The rights to ice on a stream are similar to the rights to
the use of the water: if the stream is unnavigable, the ice
is the property of the owner of the land bordering on and
under the stream; if navigable, the right to cut and take
away ice belongs to everyone. Ice in navigable streams
can not be justly claimed by anyone, however, until it is
ready for harvest.
SURFACE WATERS
Under common law the owner of a tract of land adjoin-
ing a lower tract may permit, without being liable for
damages, the surface waters from his land to drain upon the
lower land. With the owner of the lower tract rests the
right to pass it on. However, the upper owner is liable
for damages if neglect or intent to damage his neighbor's
property can be proved, or if he opens new channels where
the surface waters would not naturally flow. A lower
owner is liable for damages where surface waters are
dammed so as to back up on the land of an upper owner
and thus injure it.
TOWN, COUNTY, JUDICIAL, AND STATE DITCHES
To make possible the drainage of small and large areas
of land by means of open or tile ditches or otherwise, the
Legislature has provided for what are known as town, coun-
ty, judicial, and state ditches. The first three are so named
62 FARMERS' LAW
because the town board, the county commissioners, and the
district judge, respectively, are the authorities who have
the control of the establishment of such ditches; while the
state ditches are so named because the proceedings for
establishment begin with the State Drainage Commission,
made up of the Governor, the State Auditor, and the
Secretary of State. Local drainage has been largely secured
through the county ditch proceedings, whether the area
drained has been that of a single farm or a number of sec-
tions or townships. For this reason the steps of the county
method will be very briefly set forth. If the student wishes
to make a study of the processes in full he should have
access to the statutes.
COUNTY DITCHES
(1) One or more landowners whose lands are liable to
be affected may file a petition with the county
auditor for the construction of a ditch, drain or
water course. In filing such a petition one or
more of such petitioners must give a bond to the
county pledging to pay all the expense in case the
county board establishes the ditch.
(2) The auditor gives three weeks' published and
posted notice of the filing of the petition. He also
sends copies of the petition to owners of land near
the proposed ditch.
(3) The county board orders an accurate survey of
the entire line of the ditch to be made by a com-
petent engineer. This engineer is required to
make 4 complete report of his doings and to sub-
mit to the county board the necessary plans.
(4) Three viewers are appointed by the board to go
over the territory affected by the proposed ditch
WATERS OF THE FARM 63
and to make estimates of all benefits to be derived
from it and all damages suffered through its es-
tablishment by all tracts in this territory.
(5) The county board has a meeting at which the
engineer's and viewers' reports and all persons
interested are given a hearing. If the board de-
cides that the estimated benefits will be greater
than the total cost, including damages awarded,
they shall establish the ditch.
It will be seen that the above method may be followed
where a single farmer wishes to drain his land by a tile
drain, open ditch, or other watercourse which runs through
or under other lands than his own, or that it may be used
by a group of any number of farmers.
CHAPTER XIV
ROADS-THEIR ESTABLISHMENT
AND MAINTENANCE
Almost the whole of the Minnesota law governing roads,
road establishment, road changing, road improvement, and
road upkeep is contained in the "Good Roads Act" included
in Chapter 235 of the Laws of the 1913 session of the State
Legislature. The more important features of the statute
are here stated in condensed form.
KINDS OF ROADS
According to this statute there are three classes of
roads, — state, county, and town roads. For each of these
chere is a different method of establishment, alteration,
improvement, vacation, and upkeep. The four authorities
having immediate control of road administration are the
State Highway Commission, the district court, the board
of county commissioners, and the town board.
The word road is understood to include bridges on the
road.
STATE ROADS
These are the steps in designating a state road: — (1)
The county board by resolution names any established road
as a state road. (2) The county auditor sends a copy of
the resolution to the State Highway Commission with a
description of the road. (3) After determining that there
are sufficient funds and that the road should be named as
ROADS 65
a State road, the State Highway Commission consents to
the designation. Whenever it is made known to the High-
way Commission that the county commissioners have
refused to grant a petition made for appHcation for the
naming of a state road where the petition has been signed
by ten freeholders, the Highway Commission may give
such application new consideration. If, after such con-
sideration, it acts favorably upon the petition, a copy of
the written order granting the application is filed with the
county auditor.
SURVEYS, PLANS, AND SPECIFICATIONS FOR STATE ROADS
After a state road has been designated, the state engineer
causes surveys to be made, grades to be established, and
plans and specifications to be made. This is done by one
of the assistant engineers in the employ of the Highway
Commission. Then the work of road building or improve-
ment is done. Where it is estimated that the cost of the
work to be done will not exceed five hundred dollars, the
work may be ordered done under contracts let to the lowest
responsible bidder or by day labor without first submitting
the plans to the Highway Commission. But where the
estimated cost exceeds five hundred dollars, the plans must
go to the Commission for approval before the work is begun.
The work is all done under the supervision of an assistant
engineer who must act under the rules of the Highway Com-
mission and the instruction of the state engineer.
State roads must be maintained according to the rules
of the State Highway Commission.
STATE AID FOR STATE ROADS
Counties and towns receive aid for building or main-
taining state roads. The source of this aid is the State
Road and Bridge Fund. This fund has its source in the
5—
66 FARMERS' LAW
income from investments of the state internal improvements
land fund and in a state tax of one mill. This fund is
apportioned by the State Highway Commission. Not less
than one per cent nor more than three per cent of the fund
may be apportioned to any one county in any year. It is
apportioned on or before the first Tuesday in March of
each year. When a county does not use its allotment it
goes back to the unapportioned road and bridge fund.
Twenty per cent of the allotment to the county must
be used only for the upkeep of state roads and bridges on
those roads. Not more than twenty-five per cent of the
allotment for the county may be spent upon county roads
under the rules and regulations of the State Highway
Commission. The remainder of the allotment may go as
aid for the building of state roads. The proportion of the
cost of any state road or state aided county road that may
be paid out of the allotment is regulated by the total
assessed valuation (exclusive of assessed valuation of
moneys and credits) of the county. In counties with less
than five million dollars of assessed valuation this propor-
tion is eighty per cent; five million and less than ten mil-
lion, seventy per cent; ten million and less than fifteen,
sixty per cent; all other counties, fifty per cent.
HOW THE AID IS PAID
After the work on a road for which state aid is claimed
is completed, the county auditor makes a statement to the
Highway Commission and sends with it the report of the
assistant engineer in charge. The Highway Commission,
after examining the reports and finding them satisfactory,
instructs the state auditor to issue a warrant for the state's
share of the cost. In no case may this warrant be larger
than the amount allotted to the county as stated above.
ROADS 67
THE TOWN BOARD AND STATE ROADS
The town board may appropriate money from the town
road and bridge fund to assist in paying for the construc-
tion and improvement of any road in the town which has
been named as a state road.
COUNTY ROADS
County boards have general control of county roads.
This control extends over establishing, building, altering,
improving, and vacating such roads. The board also has
power to provide by an annual tax levy made at its July
meeting a road and bridge fund, but this levy may not
exceed three mills. Appropriations may be made from the
fund for work on roads and bridges in any town, village,
or city with less than ten thousand population in the county.
ESTABLISHING, ALTERING, OR VACATING ROADS IN MORE
THAN ONE TOWN
To establish, alter, or vacate any road or roads connect-
ing with each other and running into more than one town
or on a line between two or more towns in the same county
(1) twenty-four freeholders petition the county board for
such action. (2) The petition is filed with the county
auditor, (3) who brings the same to the attention of the
county board. (4) If the petition appears reasonable on
its face the board orders a hearing and appoints from its
members a committee to examine the road. It also pro-
vides for a meeting of the committee. Notice of the time
and place of the meeting must be posted in each town into
which the road in question runs twenty days before date
of the meeting. Similar notice of the hearing must be
posted at least thirty days before it takes place. Such
notices are required to set forth a copy of the petition.
68 FARMERS' LAW
(5) The committee on the date set examines the route of
the road in question and (6) reports to the board at its
next meeting and recommends the granting or rejecting
of the petition. (7) At the hearing the county board
hears all parties interested and fixes the amount of damages
that will be sustained by the owners through whose lands
the road may run in cases where the owners and the county
board can not agree as to the amount. In fixing the dam-
ages sustained by the owner the board also decides the
money value of the benefits of the establishment, altera-
tion, or vacation and, after deducting this sum from the
damages, awards the differences as damages. All damages
are paid by the county. (8) If the establishment, altera-
tion, or vacation seems desirable the board grants the peti-
tion and (9) provides for the carrying out of the action for
which the petition was made.
ISSUING BONDS FOR PERMANENT ROAD IMPROVEMENT
The expense of making permanent improvement of con-
siderable stretches of county roads, such as macadamizing
or surfacing them with some hard material, is usually very
great, — so great that it can not be done within the ordinary
limits of taxation. Bonds must be issued to cover the
cost of such extraordinary improvement. The issuing of
bonds for such work is authorized by a majority of the voters
of the county at a special or a general election. To bring the
question of a bond issue for this purpose to a vote, fifty
voters petition the county board for the improvement; the
petition is filed with the county auditor; he lays it before
the county board; and the board, after it has secured an
estimate of the cost from the engineer of the State Highway
Commission and has come to the conclusion that the im-
provement is desirable, orders a special election to decide
ROADS 69
Upon the bond issue. But a special election may not be
ordered if a general election will be held within six months
after the estimate of the state engineer is filed with the
county auditor.
ROADS IN TWO OR MORE COUNTIES OR ON COUNTY LINES
Roads in two or more counties or on county lines are
located, altered, or vacated through proceedings in the
district court. Proceedings are started by a petition
signed by twenty legal voters and tax-payers residing in
those counties. If the road is in more than one judicial
district, the petition may go to the judge of any district
affected by the petition. Three weeks' published notice
that the petition is to be presented must be made before
the presentation. The judge then appoints three com-
missioners who lay out, alter, or vacate the road as directed
by him. If the court so directs, the commissioners appoint
a surveyor and other necessary assistants to survey the
road and to make plats of its location. The commissioners
also fix the damages to be paid each landowner on whose
lands the road may run. The court, after hearing the
report of the commissioners, and any other persons inter-
ested, may confirm or reject the report. If the road is
ordered established or altered, all expenses must be paid by
the owners of lands through or between which the road runs.
The order is sent by the clerk of court to the auditors of all
counties affected by it. Each auditor lays the order before
his county board and they proceed to carry out their
county's share of the work.
TOWN BOARDS AND TOWN ROADS
The general care of town roads is in the hands of the
town board. Its power, like that of the county board,
70 FARMERS' LAW
extends to establishments, alteration, and vacation of
roads. The board is authorized to "purchase machinery,
implements, tools, stones, gravel, and other materials"
needed for their construction and repair. It is required to
prosecute any person damaging the public highways of the
town. As far as funds are available the town board must
have snow that makes the roads impassable removed from
them. The county board has the care of all bridges in
towns when these bridges have originally cost $1,000 or
more.
THE TOWN ROAD OVERSEER
Each town is now one road district, and the town board
is required to appoint a town road overseer, who must be
a "competent road builder" and who has charge of the con-
struction of all town roads and of the maintenance of all
town and county roads in the town. But in counties with
a population of 150,000 or over that have a county super-
intendent of highways, the town overseer has no jurisdic-
tion over county roads. Whenever any public road in the
town becomes obstructed or unsafe from any cause, the
overseer must immediately repair it. If the board approves,
he may appoint one or more assistants to help him do his
work. The pay of the overseer and of his assistants is fixed
by the town board and must not be more than three dollars
per day for the time actually spent in work. The overseer
gives bond to the town for two hundred fifty dollars. No
member of the town board may be road overseer or assistant
overseer.
ROAD TAXES IN TOWNS
Road taxes in towns may no longer be "worked out"
but must be paid in cash in the same manner as other taxes
ROADS 71
are paid. The amount of money to be raised in the town
for road and bridge purposes is fixed by the voters at the
annual town meeting. This tax cannot exceed fifteen mills.
To meet an emergency, however, the town board may levy
an additional five mills.
THE DRAGGING FUND
A tax of one mill will hereafter be extended on the tax
lists by the county auditor on all taxable property in each
town, and the proceeds of this tax will go to the town treas-
urer and be known as the "dragging fund." In towns where
the assessed valuation is $1,000,000 or more the amount of
this tax shall not be more than $1,000. This fund is to be
paid out only for drags and for dragging. The town
board must contract for the dragging of the roads of the
town, giving preference to main-traveled roads and mail
routes. The contract price shall not exceed one dollar per
mile for each mile dragged for each time the road is dragged
TOWN ROADS— THEIR ESTABLISHMENT, ALTERATION
AND VACATION
Proceedings for establishing, altering, or vacating town
roads are started by petition of not less than eight land-
owning voters of the town who live within three miles of the
road proposed to be established, altered, or vacated. If
there is not that number of landowning voters in the town,
a less number than eight signers will make a valid petition.
The petition is filed with the town clerk, who at once presents
it to the town board. The board, within thirty days,
issues an order describing the road and the tracts of land
through which it passes and fixes a time and place for a
hearing and action upon that petition. Ten days' posted
notice must be given of this hearing, and personal notice
72 FARMERS' LAW
must be served upon each occupant of the land affected by
the petition at least ten days before the hearing. At the
hearing the board examines the road named in the petition,
hears all those interested, and grants or refuses the petition.
Unless the owners release in writing all claims to damages,
the board fixes, with the agreement of the owners, the
amount of such damages, deducting the money value of all
benefits which the change will bring about. If it grants the
petition, within five days of the issue of the order the board
must make its award of damages and file it, with all other
papers connected with the road in question, with the town
clerk. The clerk does not record this final order within a
period of 30 days and, in case of an appeal from the
order, until a decision is given on the appeal, and not then
unless the order is confirmed. In case the board refuses,
the decision is final for a year, unless it is appealed, and a
petition for the same road can not be acted upon again
within that time.
ROADS ON TOWN LINES
In a petition to a town board for establishment, altera-
tion, or vacation of a road on a town line, the town board is
to notify the town board of the adjoining town and they
together shall determine the petition and proceed under
the regulations provided for roads within the town. In
building the road the two boards divide the length of the
road in two parts as nearly equal in cost as possible and
each town builds one of the parts. Where the boards can
not agree as to which part each shall construct, the matter
is to be decided by lot.
ROADS IN NEW OR UNORGANIZED TOWNS
In towns still unorganized or in which no public roads
have been established, section lines are considered public
ROADS 73
roads without survey unless natural obstacles prevent.
The section line roads, upon the order of the county board,
are to be opened two rods on each side of the line.
CARTWAYS
A cartway is a road two rods wide. The proceedings
for establishment are the same as for town roads except
that the petition may be signed by as few as five voters,
freeholders of the town. One-half of the damages to the
land through which it passes must be paid by those whom
it benefits. On the petition of the owner of a tract of land
of not less than five acres to which he has no access except
over the lands of others, the town board may establish a
cartway not over two rods wide to connect that land with
the public road. The amount of damages must be paid by
the petitioner.
DEDICATION OF LAND FOR ROADS
Owners may give land for a road or cartway by applying
in writing to the town board. The application goes to the
town clerk who lays it before the board. The board,
within ten days, may declare the land dedicated for the
purpose named in the application. No damages can be
assessed for lands so dedicated.
EXTRAORDINARY IMPROVEMENT OF TOWN ROADS
Whenever it seems advisable to macadamize any estab-
lished highway in a town or in any way make a lasting
improvement upon that highway at greater expense than
can be made under ordinary methods, it may be done as
follows: (1) Fifteen voters who are freeholders file a peti-
tion with the town clerk asking for the improvement. (2)
After the petition has been brought to the attention of the
74 FARMERS' LAW
town board, the board makes an estimate in writing of the
expense of the improvement. (3) At the next annual
meeting or, if so requested in the petition, at a special meet-
ing, the voters of the town decide by a vote for or against
the improvement. Sixty per cent of the vote is necessary
to carry the proposition. Bonds of the town are then
issued for the necessary amount, if that amount with other
indebtedness of the town is not more than five per cent of
the assessed valuation.
DRAINAGE OF TOWN ROADS
By proper procedure through the sworn statement of the
town road overseer, posted notice of a hearing and the hold-
ing of a hearing by the town board, assessment of benefits,
order of the town board establishing a ditch, etc., town roads
may be drained, if they run through swampy or other low
land. It is the duty of the overseer to keep road ditches
open, and to do so he may enter upon the lands through
which they pass. Any person who dams up or in any way
damages such a ditch is guilty of a misdemeanor and is liable
in civil action for double the damage assessed for the injury.
APPEALS FROM COUNTY AND TOWN BOARDS
Any person dissatisfied with the action or awards of a
county or town board in establishing, altering, or vacating
a road or refusing to do so may appeal to the district court
within thirty days after the action is taken. The appeal
can not be made without giving a bond for two hundred
fifty dollars conditioned to pay all costs of the appeal.
REMOVAL OF FENCES BY TOWN OR COUNTY BOARDS
When a town or county board has located a road it gives
each owner through whose lands the road will run twenty
days* notice, in writing, to remove his fences. If he does
ROADS 75
not remove them within that time, the board orders them
removed. But no closed field may be opened between
April 1 and October 1.
TUNNELS UNDER ROADS
Owners of land on both sides of a public road may tunnel
under the road to permit stock to pass from one side to the
other. Permission to build the tunnel should first be
obtained from the board. If, however, the tunnel has been
built without this permission, it i^ valid, unless the board
objects to it within a year. Bridges over tunnels should be
at least sixteen feet wide and have proper railings. If the
tunnel is not under a road on a section line or other sectional
division line, but under some other road, the owner main-
tains the tunnel at his own expense for the first year. There-
after it will be maintained by the town board at the expense
of the town.
DEDICATION OF A ROAD BY USE
Whenever a road has been used, repaired, and worked as
a public highway for a continuous period of six years or
more, it shall be considered dedicated to the public to the
width of two rods on each side of its middle line. This does
not apply to a road upon, and running parallel to, a railroad
right of way.
OLD ROADS OPEN TWO YEARS
Whenever a road is changed by an order of a county or
town board, the old road must be left open for two years
from the date of the order, but such a road may be vacated
within two years if the board considers the new road fit for
travel at all times of the year.
76 FARMERS' LAW
BRIDGES AND CULVERTS
All bridges and culverts and approaches to them which
are hereafter established or improved must be at least six-
teen feet wide. When the bridge is three feet or more above
the bank on either side, the approaches must be eighteen
feet wide and be provided with substantial railings.
Before contracts can be let by any town or county board
for the building of a bridge where the contract price is more
than five hundred dollars, plans and specifications must be
filed with the town clerk or the county auditor, as the case
may be, and an advertisement for bids must be published
in a newspaper once a week for three weeks before the time
fixed for letting the contract. The advertisement must
state the time and place of receiving bids and allowing con-
tracts and must tell in what office the plans and specifica-
tions are on file.
It is the duty of the state engineer, as far as time will
permit, yearly to inspect all bridges more than thirty feet in
length and report their condition to the State Highway
Commission and to the proper county board and make such
recommendations as he deems advisable.
CHAPTER XV
THE USE OF ROADS
MEETING AND PASSING ON ROADS
When persons riding, driving or leading horses or other
animals, or traveling with vehicles, meet on any public high-
way, the Minnesota Statute requires each seasonably to
drive to the right of the middle part of the road so that they
may pass each other without interference. The same
requirement is made of persons driving or operating motor
vehicles. If the persons are moving in the same direction,
the one overtaking is to pass on the left side of the middle of
the traveled part of the road, and, if the road is wide enough
to permit passing, the driver in the lead must not obstruct it,
but turn to the right as soon as practicable so as to give half
of the traveled road to the other.
In a case where a person riding, leading, or driving a
horse, or horses, or other draft animals signals by raising the
hand or requests the driver of a motor vehicle, the latter
must stop immediately and, if the animal or animals appear
to be badly frightened, the motor driver shall stop his
motor as long as is necessary to prevent accident. An
operator of a motor vehicle, when meeting or overtaking
any horse or other draft animal in charge of a woman, child,
or aged person, must drive at no greater speed than four
miles an hour and, where the animal shows fright or upon
signal, must bring his machine to a stop and stop his motor
as above described. The muffler of a motor vehicle must
not be cut out at the time of passing a horse or other animal
being led, driven, or ridden.
78 FARMERS' LAW
AT CORNERS OR CROSSROADS
When drivers turn at corners where two highways cross,
in turning to the right or left they are required to keep to
the right of the point where the middle lines of the highways
cross. When approaching a crossroad, an operator of a
motor vehicle must slow down its speed and sound the bell,
horn, or other device for signaling so as to give warning of
his approach. There is a six mile per hour speed limit for
going around corners or curves in the highway.
WHO MAY NOT DRIVE MOTOR VEHICLES
Persons under sixteen years of age are forbidden to
drive motor vehicles unless accompanied by a licensed
chauffeur or the owner of the machine. The owner, in
such a case, must be sixteen or over. Persons in an intoxi-
cated condition are forbidden to drive motor vehicles.
IN CASE OF ACCIDENT
Any driver of a motor vehicle after knowingly causing
an accident by collision or otherwise, injuring any person,
horse, or vehicle, is guilty of a gross misdemeanor if he does
not at once stop his machine, return to the scene of accident
and, upon request, give his name, the number of his driver's
license, the registration number of his machine, and the
names and addresses of every male occupant of the machine.
EQUIPMENT OF MOTOR VEHICLES
Every motor vehicle running upon the public highways
of this state must be provided with brakes sufficient to con-
trol the vehicle at all times, a suitable signaling device, such
as a bell or horn, and, from one hour after sunset and to one
hour before sunrise, must display two lighted lamps visible
from the front and one on the rear of the vehicle. The lamp
USE OF ROADS 79
on the rear must display a red light visible from the rear, and
white rays from this light must shine upon the number
plate.
INTEMPERATE DRIVERS
Persons owning or having control of coaches or vehicles
in which passengers are carried are forbidden to employ
drivers who use intoxicating liquors to excess. Those who
employ such drivers may be required to forfeit up to fifty
dollars for each ofifense and be liable for all damages caused
by the drivers.
LEAVING HORSES UNFASTENED
While passengers remain in any conveyance used for
hire, drivers are forbidden to leave the horses that are har-
nessed to the vehicle without first fastening those horses
or leaving some competent person in charge of them.
TRACTION ENGINES
Engineers or other persons in charge of traction engines
moving along a highway are not permitted to blow the
whistles of the engines while within five hundred feet of
teams passing on the highway, if the teams can be seen from
the engines. The law also requires the stopping of the
engine at least one hundred feet before meeting a horse or
team on the road, unless on a side hill where stopping may
expose the flues of the engine and cause an explosion. The
engine may not be started again until the horse or team has
passed. Violation of this law is a misdemeanor.
Persons taking an engine across a culvert or bridge must
place extra planking upon it for protection. Failure to do
this makes the owner or engineer liable for one-half the
expense of repairing the damage caused. The total amount
so recovered is not to exceed fifty dollars.
CHAPTER XVI
TAXES
It is an old proverb that "nothing is certain but death
and taxes." And, we might add, one of these certainties is
about as unwelcome as the other. But taxes, however un-
friendly the popular attitude toward them may be, seem to
be so necessary that a majority of the people, through the
exercise of the authority they have in their own hands,
continue them from year to year. To throw a little light on
the big taxation system and make it a little more intelligible
to the layman who votes the continuation, is the purpose
of this chapter.
THE STEPS IN THE TAXING PROCESS
There are six large steps in the taxing process where the
general property tax is concerned, — assessment, equaliza-
tion or review, levy, extension, collection, and distribution.
ASSESSMENT
The first step is assessment. The assessor performs this
task. He is elected in odd-numbered years, — in towns, at
the annual town meeting; in villages, at the village election;
in cities, usually as their charters provide. His pay in
towns is two dollars for each day spent in actual service,
although the pay may be increased up to three dollars at the
town meeting, if the increase is made before the assessor is
elected. Assessment is completed between May 1 and the
first Monday in June. This allows forty-four days, Sundays
and holidays excepted, for completing the work. By the
TAXES 81
first Monday in July the assessor must be ready to hand in
his assessment books to the county auditor.
Real estate is assessed every even-numbered year and
personal property every year. The valuation is fixed as of
May 1 of the year it is assessed. All assessments made
in the state after January 1, 1914, are to be on the following
basis: (1) 25 per cent of the full and true value of "house-
hold goods and furniture, including clocks, musical instru-
ments, sewing machines, wearing apparel of members of the
family, and all personal property actually used by the
owner for personal and domestic purposes or for the fur-
nishing or equipment of the family residence" ; (2) ^2>}/^ per
cent of the full and true value of "live stock, poultry, agri-
cultural products, stocks of merchandise of all sorts and
furniture and fixtures used with them, manufacturers'
materials and manufactured articles, all tools, implements
and machinery, and all unplatted real estate;" (3) 50 per
cent of the full value of iron ore mined or unmined ; (4) 40
per cent of the full value of all property not included in the
preceding classes.
Personal property is commonly listed where the owner
resides. But all farm property of a non-resident is listed
and assessed in the same town as that in which the farm is
located.
Certain property is exempt from taxation. For each
head of a family $100 in personal property is exempt.
Property used for (1) educational, (2) religious, (3) chari-
table, and (4) public purposes is exempt, — that is, among
other things, public libraries, public school buildings, acad-
emies, colleges, churches, public hospitals, orphans' homes,
public buildings, and public parks. But property belonging
to a church and not used for religious or charitable purposes
is not exempt.
82 FARMERS' LAW
"MONEYS AND CREDITS"
Since 1911 there has been a law providing for the sepa-
rate listing of all "moneys and credits." Upon this property
there is a separate and special tax of three mills on the
dollar. No other tax is levied on this class of personal
property. "Moneys" under the law includes all money
owned by a person whether in hand or deposited in any
bank in Minnesota or other state. "Credits" includes book
accounts, mortgages and contracts for land not recorded in
any county in the state, notes, bonds, rents, and all other
claims for money. Assessment of moneys and credits is
made at their fair cash value.
EQUALIZATION
On the fourth Monday in June the local board of review
goes over the work of the assessor to equalize assessments
between individual property owners. In the town this
local board of review is the town board ; in the village, the
assessor, the clerk, and the president; in fourth class cities
(10,000 population or less), usually the mayor, the clerk,
and the aldermen. These boards have power to raise or
lower assessments. If any assessment is raised the owner
is given notice, and if any resident owner feels that his as-
sessment is too high he may appear before the board and,
when the board deems it just, a correction may be made.
This local board of review may sit during the six working
days from the fourth Monday in June to the first Monday
in July with pay at three dollars per day. In fourth class
cities the pay of the board is limited to three days.
On the third Monday in July the county board of equal-
ization meets. This board is made up of the board of
county commissioners and the county auditor. It equalizes
assessments between the taxing districts in the county. It
TAXES 83
may also change individual assessments where they consider
it advisable. It may raise the total valuation of the
entire county or of any district in the county by a per-
centage increase, but is not permitted to lower such
total. This board may remain is session four weeks. The
members receive three dollars per day and ten cents for
each mile traveled, but they may receive pay for no more
than ten days and mileage for one session only.
The abstract of assessment made by the county board
of equalization goes to the Minnesota Tax Commission on
or before the first Monday in August. This commission is
the last and highest board with equalizing functions. Its
principal duty is to equalize the assessed valuations as
between the counties of the state. It meets for this purpose
on the second Tuesday of September and has until the first
Monday in January to complete its task. It has power to
raise or lower the total valuation of real estate in any town,
village, city, or county by percentage increase or decrease.
It also has power to raise or lower the assessed valuation of
any tract or lot of real property in the state. It may also
raise or lower the personal property valuation of any assess-
ment district or of any individual in the state, but when
it raises the valuation of an individual it must give notice
to that individual of its intention.
LEVY
The levy is the specific amount of tax money to be
raised. Levies are made for six different governing units:
the school district, the town, the village, the city, the
county, and the state, but no individuals pay tax on the
same property for more than four of these units. For
instance, Jones, who owns a farm in School District No. 14
in the town of Seward, pays taxes on that farm to support
84 FARMERS' LAW
the school in that district, the town, the county, and the
state.
In common school districts, the levy is made by the vot-
ers at the annual school meeting held on the third Saturday
in July; in independent districts, it is made by the school
board ; in towns, by the voters at the annual town meeting.
The amount of village and city taxes is fixed by the local
authorities according to their charters. The county board
levies the county tax at its meeting in July. The state levy
is fixed by the legislature when it makes appropriations.
It is worth while to note that for two local governments,
— namely, the school district and the town — two taxes are
collected without levy having been made. One of these is
the one mill tax for schools, which is collected "whether
school keeps or not" and goes to the funds of the district
v/here collected. The other is the tax for the fund for
dragging town roads. This also is a tax of one mill unless
the assessed valuation of the town is $1,000,000 or more,
when the total amount raised for this fund is to be $1,000.
EXTENDING THE TAXES
Next comes the county auditor's work of extending the
taxes. This is really nothing but a vast number of prob-
lems in arithmetic. The auditor divides the amount to be
raised, for instance, in the town, by the total assessed valu-
ation of the town. As a simple illustration we might say
that the town of Seward had voted to raise $1,000 besides
the "dragging fund" to be spent in the improvement of its
roads. We will say that the assessed valuation in the town
is $500,000. The rate of the special tax for roads then
would be $.002 on every dollar,^n other words, two mills
on a dollar of assessed valuation. As two mills is one-fifth
of a cent, it may also be referred to as a tax of one-fifth of
TAXES 85
one per cent. This calculating is done by the auditor for
all the following funds: county revenue, county road, county
poor, town, town special road, town poor, if any, and the
district special. The state revenue and state school tax
rates are furnished to the auditor by the state auditor. As
stated before, the school district one mill tax and the town
one mill tax for road-dragging are extended without levy
having been made. All these rates are then added to find
the total tax rate. Let us suppose the various rates to be
as follows: state revenue, 3 mills; state school, 1 mill; county
revenue, 4 mills; county road, 2 mills; county building, 1
mill; town, 1 mill; special road, 3 mills; town dragging, 1
mill; town poor, 1 mill; district general, 1 mill; district spe-
cial, 5 mills. The total rate would then be 23 mills or $.023
on the dollar of assessed value. Let us suppose, further,
that Jones, named above, has real property assessed at
$1,000 and personal property assessed at $100. His real
property tax as extended by the county auditor would be
$23 and his personal property tax $2.30. The sum of the
two is $25.30. Such a calculation must be made for every
tax payer who owns both kinds of property. This would
be all the tax levied against Jones, except for the "moneys
and credits" tax already described.
COLLECTION
Taxes are collected by the county treasurer. They are
payable the first Monday in January. Personal property
taxes must be paid before March 1. Real estate taxes may
be paid in two installments, — one-half before June 1 and
the remainder before November 1. Taxes not paid before
these dates are delinquent.
DELINQUENT TAXES
A penalty of ten per cent is added to all delinquent
86 FARMERS' LAW
taxes. If real estate taxes are not paid until January 1
following, an additional penalty of five per cent is added.
The collection of delinquent real estate taxes is enforced
against the property assessed, while the collection of delin-
quent personal property taxes is enforced against the person
assessed.
If the owner of real estate neglects to pay the taxes on
it, the auditor lists it with all other tracts of land on which
the taxes are delinquent and files the list with the clerk of
court on or before February 1. This filing has the effect
of a complaint in an action by the county against the tract
of land. Five days later the clerk returns a copy of the
list together with a summons to persons interested to show
cause why judgment should not be entered against the
land. The auditor then publishes the list and twenty days
after due notice the clerk enters judgment against the tract,
if no defense has been made, for the taxes, penalties, and
costs. On the first Monday in May following, the auditor
sells the tract of land at public auction, first having given
ten days* notice of the sale. Unless the land is redeemed,
three years later the purchaser of the tax certificate or the
person to whom he may have assigned it, after meeting
the requirements of the law, becomes absolute owner of
the property.
The county treasurer must, on the fifth business day
in April, file with the clerk of court a list of all personal
property taxes remaining unpaid on April 1 . Ten days later
the clerk issues warrants to the sheriff ordering him to seize
and sell any personal property owned by the delinquents. Be-
fore April 15 any person whose name is on the delinquent
list may file an answer with the clerk of court in which he
sets forth his defense or his objection to the tax and the
issue is heard and settled in the district court. If the sheriff
TAXES 87
cannot collect the delinquent personal property tax, he so
reports to the clerk of court on June 1. The clerk makes
up a list of the delinquents and ten days later files it with
the county board. This board has power to cancel taxes
it considers impossible to collect. Judgment may be
entered and execution issued against the remaining
delinquents.
DISTRIBUTION
On the last day of February, May, and October in each
year the county auditor and the county treasurer distribute
all funds remaining in the treasury, dividing same as pro-
vided by law between the state, town, city, village, and
school district. The county auditor issues warrants for
these funds.
OTHER TAXES
Besides the general property and "money and credits"
taxes there are other taxes levied in the state. The mort-
gage registry tax is mentioned in the chapter on mortgage
deeds. Gross earnings taxes are levied on the total earn-
ings of public service corporations, — for instance, two per
cent on the gross premiums of insurance companies, five
per cent on the total earnings of railroads, six per cent
against express companies, etc. There is also a tax on
inheritances. It is not within the field of this book to ex-
plain these in detail.
CHAPTER XVII
SCHOOLS
Although there are three kinds of school districts, — the
common, the independent, and the special, this chapter
will deal with the one in which the farmer usually lives,
— the first named.
TO FORM A NEW DISTRICT
No school district may contain less than four sections
of land and twelve children of school age. To form a new
district a majority of the landowners residing in the territory
that is to comprise it first petition the county board. Be-
sides setting forth the area of the district and the names
and ages of all children, the petition must contain the
number of persons residing in it, the district in which the
territory lies, the number of children living in each district
affected, and the reasons for the formation of the new dis-
trict. The petition then goes to the county superintendent
for his approval or disapproval. It is next brought to the
attention of the county board, which sets a time and place
for a hearing and causes two weeks' published notice in the
county and ten days' posted notice in each district affected
by the petition. The clerk of each district is also sent a
notice at least ten days before the hearing. At the hearing
the county board hears evidence and argument and then
makes an order granting or denying the petition. If it is
granted, a copy of the order is sent by the auditor to the
clerk of each district affected, and he also causes ten days'
notice to be given of a meeting to organize the new district.
SCHOOLS 89
ENLARGING THE BOUNDARIES OF DISTRICTS
By the same proceedings as when a new district is
formed and also upon petition of a majority of all freeholders
of each district affected, the boundaries of any school dis-
trict may be changed, or two or more districts consolidated,
or one or more districts annexed to an existing district.
Much the same method is also used to annex territory out-
side a school district in a city or village, if the city or village
has less than 7,000 population and the territory affected
is continuous with this district.
SETTING OFF LAND TO AN ADJOINING DISTRICT
To have land set off to an adjoining district a freeholder
may present to the county board a petition which has been
verified by him and which contains the following: (1) a
statement that he owns land within the county adjoining
a district in the county, (2) a statement of his desire to
have that land set off to the adjoining district, and (3) his
reasons for asking the change. The board, after notice
and hearing as in the previous cases and after proof of the
statements in the petition, may make an order granting
the petition. This setting off of land may be done even
though the land does not adjoin the district but is separated
from it by not more than a quarter section of land that is
vacant or whose owner is not known.
DISSOLVING SCHOOL DISTRICTS
The county board has power to dissolve any district in
which for two years no school has been held and to order
its territory to be attached to one or more nearby districts.
Notice must be sent to the clerks of the districts affected
as in other cases of change of boundaries. The territory
is to be attached in the fairest manner possible and with
90 FARMERS' LAW
regard to the convenience of those living in the district dis-
solved.
THE ANNUAL SCHOOL MEETING
The annual school meeting, which takes place on the
third Saturday in July, at 7 p. m., unless a different hour
has been set at the previous annual meeting, is the event of
greatest importance in the matter of control of school affairs
in the common school district. Here all men and women
living in the district who are qualified voters have a voice.
Among the things of consequence done at this meeting are
the election by ballot of board members, fixing the number
of months of school, voting funds for "keeping" the school,
directing the board to make certain improvements, and
providing free text-books for children attending the school.
Unless there is an irregular vacancy, only one of the three
board members is elected at each annual meeting.
SPECIAL SCHOOL MEETINGS
Special school meetings may be held (1) upon the written
request of five freeholders of the district, (2) upon the adop-
tion of a proper resolution by the board, or (3) upon a
request signed by a majority of the board members. Such
meetings are called by the clerk by ten days' posted notice
and one week's published notice, if there is a newspaper in
the district. If it is made to appear by affidavit that the
district does not contain five voters who are freeholders or
that there is no legal school board in the district, the county
superintendent may, if he believes there is need for same,
call a special meeting. At special meetings no business
except that named in the notice may be transacted.
THE BOARD'S POWERS AND DUTIES
The school board has, among others, the following
SCHOOLS 91
powers and duties : (1) It has general charge of the business
of the district and the management of its schools; (2) it
purchases apparatus and furniture, provides outbuildings,
plants shade trees, obtains insurance on property, makes
repairs on same; (3) it provides for the heating and care of
buildings; (4) it pays all just claims against the district;
(5) it purchases text-books; (6) it employs teachers and
discharges them for cause; (7) its members visit school at
leastonceinevery three months; (8) it leases rooms for school
purposes. (9) It may also pay expenses of the school board
members to one school officers' meeting in each year when
the meeting is called by the county superintendent. For
this the board may allow pay at three dollars per day, as
well as mileage at five cents per mile. It (10) may admit non-
resident pupils, fixing the rates of tuition, (11) provide
transportation for pupils living more than a half-mile from
the school house, and (12) discontinue school, providing
instruction in and free transportation to the schools of
adjoining districts for the pupils of their district.
SPECIAL STATE AID TO RURAL SCHOOLS
Rural schools maintaining eight months of school and
employing teachers holding first grade certificates receive
special state aid in amount of $150 for each teacher. Dis-
tricts maintaining seven months of school and employing
teachers holding second grade certificates receive $ 1 00 for each
teacher. Districts whose local tax levy for maintenance of
schools exceeds twenty mills, may receive, in addition to other
aid, a sum equal to one third of the excess, with a maximum
of $200 for each teacher. Rural school districts associated
with a central school receive $50 annually and library aid
of $10 for each teacher not to exceed $25 to a building.
In addition to the requirements above, the State Superin-
92 FARMERS' LAW
tendent of Education has laid down certain requirements
as to equipment and other conveniences and these also
must be met in order to qualify for aid.
ASSOCIATION
An associated rural school is one which, by a process
hereinafter described, provides for the instruction of its
pupils in agricultural and industrial subjects and is under
the care and influence of the high or graded school, termed
the "central" school, with which it is associated. The
superintendent or principal of the central school exercises
the same authority over the associated rural school as over
his central schools, and prepares for it a course of study
which includes agriculture and one of the other industrial
subjects, manual training or home economics, or both.
Association is accomplished by the following steps: (1)
A petition signed by twenty-five per cent of the freeholders
in the district goes to the county superintendent; (2) he
calls a special meeting giving proper notice of same; (3) at
the meeting the voters check ballots which read as follows:
"To associate with District No. ... at for the main-
tenance of an agricultural and industrial department.
Yes . . ., No . . .," (4) if a majority of the voters place a
cross-mark after "Yes" the district becomes associated with
the central school upon the approval of the board of the
central school. The board of the rural district then chooses
one of its members to act with the board of the central
school in matters relating to association.
The boards of rural school districts which have
associated with a central school, at a meeting held the
first Monday in August of each year, make a tax levy
to pay for the advantages under association. The tax
so levied must not be less than two mills. The central
SCHOOLS 93
school receives from the state $200 per year for each
year that each district is associated, and the associated dis-
trict itself, upon the recommendation of the superintendent
of the central school and of the county superintendent,
receives $50 per year from the state.
The central school is not permitted to make a tuition
charge against any associated district where children from
that district attend the central school. But a tuition charge
may be made against districts not associated where children
from such a district are enrolled in the seventh grade or
above and are receiving instruction in agriculture, home
economics, or manual training. The State High School
Board has ruled that these tuition rates may be no higher
than $1.50 per month in seventh and eighth grades and $2
for one industrial subject in the high school. The monthly
charge in any case may not exceed $2.50 for any pupil.
Associated districts may vote to withdraw from the
relationship by a two-thirds vote, if at least a year's notice
has been given the central district of the intention to vote
upon withdrawal.
CONSOLIDATION
Consolidation is either the joining of two or more school
districts of any kind to form a new district or the annexation
of one or more districts to a district which already exists
and in which is maintained a state graded, semi-graded, or
high school. In either case the districts are consolidated
so as to provide larger or better organized schools than are
possible under the old rural school unit system.
The proceedings in the consolidation of rural school dis-
tricts into a new school district are outlined in the statutes.
The county superintendent prepares a plat of the proposed
district, in which are shown its size, boundaries, location of
94 FARMERS' LAW
school houses, and the location of adjoining districts and
school houses. This plat is submitted to the State Superin-
tendent of Education for his approval. If the plat is
approved, petitions asking for the formation of the consoli-
dated district must be signed and acknowledged by at least
twenty-five per cent of the freeholders in the proposed new
district, and these petitions are presented to the county
superintendent. He, within ten days, gives ten days' post-
ed notice of a special meeting to be held within the proposed
district to vote upon consolidation. The time and place of
the meeting must also be included in the notice. If, on
the date set, at least twenty-five voters are present, they
vote by ballot on consolidation. The result of the ballot
is sent to the county superintendent, and if there is a major-
ity in favor of consolidation he transmits a copy of the
results to the county auditor, to the clerk of each district
affected by the change, and to the State Superintendent of
Education. He further gives ten days' posted notice of
a meeting to elect the officers for the new district.
The proceedings where it is proposed to consolidate
rural school districts with a district in which is maintained
a state graded, semi-graded, or high school are the same,
except that only the rural districts vote upon consolidation.
The school board of the district with which these rural dis-
tricts are voting to consolidate, to make the consolidation
valid, approve it.
Boards in consolidated districts are authorized to estab-
lish schools of two or more departments, provide for the
transportation of pupils to and from school, or spend a reason-
able amount for room and board of pupils when it is more
convenient or cheaper to do so than to transport them.
The state gives special aid to consolidated schools:
$500 per year to districts which have an area of 18 sec-
8CH00L8 96
tions and a school of four departments; $250 per year
where the area is 18 sections and there are three depart-
ments; and rural school aid where the area is 12 sections
and there are two departments. The state will also pay for
one fourth of the cost of a new school building, but not more
than $2,000 to any one district. In addition, consolidated
schools may draw as much as $2,000 for reasonable cost of
transportation of pupils.
COMPULSORY EDUCATION
Every child between eight and sixteen years of age must
attend a public or private school during the entire time the
public schools of the district in which the child lives are in
session. A child may be excused from attendance upon
application to the board if it is shown that his bodily or
mental condition prevents attendance or application to
study, or that he has completed the subjects ordinarily
required in eighth grade, or that there is no public school
within reasonable distance, or weather conditions or travel
make it impossible for the child to attend. Children over
fourteen years of age may be excused between April 1 and
November 1 if their help is needed in or about the homes of
the parents or guardians. Children may also be absent on
days they are receiving religious instruction according to
the rites of some church. Parents or others having control
of children who fail to keep such children in school as re-
quired by law are guilty of a misdemeanor and may be
punished by a fine of not more than fifty dollars or imprison-
ment in the county jail for not more than thirty days.
CHAPTER XVIII
ELECTIONS-PRIMARY AND
GENERAL
WHO MAY VOTE
These persons may vote in Minnesota: male citizens,
21 years of age, who have Hved in the state six months and
in the election district for thirty days preceding an election
and who belong to one of the following classes: (1) those
who have been citizens of the United States for three months
preceding an election; (2) those of mixed white and Indian
blood who have adopted the customs and habits of civiliza-
tion; (3) those of Indian blood who have been admitted to
citizenship by the district court. Women who are 21 years
of age may vote for school officers and members of library
boards, as well as on questions relating to those institutions.
THE ELECTIONS
It IS not within the purpose of this book to deal with
school district, town, village, and city elections. We shall
treat only of the general election and the two primary elec-
tions, — the presidential preference primary and the "state-
wide" primary.
PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS
On the same date as the town meeting — the second
Tuesday in March — except that it is not held annually as
is the town meeting, but once in four years, the presidential
preference primary election occurs. Its purposes are three:
ELECTIONS— PRIMARY AND GENERAL 97
(1) the popular expression for the party nominations for
President and Vice-President of the United States, (2) the
nomination of presidential electors, and (3) the election of
delegates (and alternates) to the national convention of
each party. The vote at this election is on party lines
only.
The names of candidates for President and Vice-Presi-
dent are placed on the ballot by the Secretary of State after
receiving a petition sighed by two per cent of the total vote
of the party at the last presidential election, but the petition
shall contain no more than 500 signatures. Those desiring
to be candidates for presidential electors or delegates to the
national convention must file, thirty days before the elec-
tion, with the Secretary of State when to be voted for in
more than one county, and with the county auditor when
in a single county. They must further pledge that they
will, in the event of their election, faithfully carry out the
wishes of their parties as expressed by the voters at this
election. The candidates for electors having the highest
number of votes are the nominees of their parties and their
names are placed on the ballots at the next general election.
The candidates of each party for delegates who receive the
largest number of votes are declared elected and attend the
national convention of their party. The next highest are
alternates. The delegates are bound to support at their con-
ventions the candidates for President and Vice-President
who received the largest number of votes of their party at
the presidential preference primary election.
Voters at this election, before receiving a ballot, must
name the party with which they intend to affiliate in the
coming general election.
98 FARMERS' LAW
THE STATE-WIDE PRIMARY ELECTION
At the state-wide primary election, which takes place
the third Tuesday in June preceding a general election, all
elective county officers except the county surveyor, all state
officers, district and Supreme Court judges, members of the
State Legislature and of* Congress are nominated. Of these,
all county officers, the judges, and members of the legis-
lature are nominated on the nonpartisan ballot; the others,
on party lines.
To get his name on a ballot for this primary election,
a candidate must file with the county auditor if he is to run
in one county and with the Secretary of State if he is to run
in more than one county. The fee for filing is $10 with
the county auditor and $20 with the Secretary of State,
except that candidates for state offices, judges of the Su-
preme Court, and congressmen at large pay $50. Filing
with the Secretary of State must be done 40 days, and with
the county auditor 20 days, before the primary election.
Names of justices of the Supreme Court may also be placed
on the primary election ballot by a petition signed by from
500 to 1000 voters of the state; district court judges by a
petition signed by 250 to 500 voters. It is no longer pos-
sible to secure a nomination by petition after the primary
election is over unless there is a vacancy among the candi-
dates.
Every voter, without regard to his political affiliations,
has the right to vote a nonpartisan ballot at the primary.
The two candidates for any nonpartisan office who re-
ceive the highest number of votes are the nominees and
their names will go on the ballot at the general election.
When only two persons file for a nonpartisan office they
are considered the nominees for the office and their names
are not placed on the primary election ballot.
ELECTIONS^PRIMARY AND GENERAL
99
There will be as many party or partisan ballots as there
are active parties interested in the election. The voter may
call for such party ballot as he declares he generally sup-
ported at the last election and which he intends to support
at the coming election. If his right to the party ballot
which he names is questioned, he may make the same
declaration under oath, and the ballot is then given him.
In marking the partisan ballot the voter places an X after
his first choice and also after his second choice of the candi-
dates. On the partisan ballot the candidate securing a
majority of all votes cast is the nominee of his party. That
majority, unless it is apparent from the total first choice
votes, is found as in the following illustration:
Candidates
First
choice
votes
Second choice votes
Brown
Smith
Jones
Johnson
Brown
8,000
4,000
1,000
400
Smith
7,000
3,200
800
3,000
Jones
6,000
2,000
3,500
400
Johnson
5,000
2,000
2,000
1,000
Johnson, having the least number of first choice votes, is
dropped. The second choice votes of those who voted for
him are then added to the totals of the first choice votes of
the candidates for whom those second choice votes are cast.
This leaves the total vote: Brown, 10,000; Smith, 9,000;
Jones, 7,000. Still no candidate has the required majority.
100 FARMERS' LAW
Next, Jones is dropped, the second choice votes of those
who voted for him being added to the total votes of Brown
and Smith as they now stand. This gives the following
result: Brown, 12,000; Smith, 12,500. As Smith now has
a majority, he is declared the nominee of his party.
THE GENERAL ELECTION
The date of the general election is the Tuesday after the
first Monday in November in even-numbered years. Can-
didates nominated at the preceding primary elections are
voted upon and the candidate for each office who receives
the greatest number of votes is declared elected.
THE CORRUPT PRACTICES ACT
The State Legislature in special session in the summer
of 1912 passed a thorough-going corrupt practices act, — an
act regulating the conduct of campaigns. Some of its
essential features are here given in condensed form.
Candidates, after filing, are forbidden to pay out money
or give other valuable things for any but (1) necessary per-
sonal traveling expenses, postage, telegraph, telephone, and
other public messenger service; (2) rent of halls where
speeches are made; (3) pay for speakers and musicians and
their traveling expenses; (4) printing of sample ballots,
posters, cards, handbills; (5) filing fees; (6) campaign adver-
tising in newspapers and other periodicals. Publishers are
required to print *Taid Advertisement^^ in pica type at
the head of all matter dealing with candidates which is paid
for and published in their periodicals. Candidates are re-
quired to keep within the following limitations in the total
amounts they may spend during a campaign : candidates for
governor, $7,000; other state officers, $3,500; state senators,
$600; state representatives, $400; county officers, one-third
ELECTIONS— PRIMARY AND GENERAL 101
of the salary that the candidate, if elected to the office,
will draw. No person is permitted to solicit of candidates
contributions for any religious, charitable, or other causes,
or for the public good. No food, entertainment, clothing,
liquors, tobacco or cigars, etc., shall be given or be paid for
by a candidate with the hope or purpose of influencing a
voter. Threat to make use of any force or violence in
order to induce any person to vote for any candidate is
prohibited. Candidates may not make bets or wagers as
to the outcome of any election in their election districts. It
is unlawful for any person to furnish a vehicle for carrying
any voter to the polls unless such voter is of the same
household as the person furnishing the conveyance or
where two or more voters club together for hiring such a
conveyance at their own expense. It is unlawful for any
person within one hundred feet of a building in which there
is a polling place in any way to try to persuade a voter to
vote for or to refrain from voting for any candidate. Cam-
paign literature of any kind may not be circulated any-
where on the day of an election. Every candidate, or the
secretary of his campaign committee, must file with the
officer with whom he filed for election, on certain Saturdays
which the law names, complete statements of all expendi-
tures made on account of the campaign.
CONSTITUTIONAL AMENDMENTS
At the general election there is handed to each male
voter, in addition to the state and county ballots, a "pink
ballot" which names and describes briefly the amendments
to the State Constitution which have been proposed at the
preceding session of the Legislature by a majority vote of
both houses. The voter is to vote upon each proposed
amendment separately. In order to become a part of the
102 FARMERS' LAW
Constitution, a proposed amendment must receive a major-
ity of all votes cast at that election. Every voter should
inform himself before the day of the election as to what
amendments have been proposed and for and against
which he will have the opportunity to cast his vote. Then,
when he steps into the booth, he will not neglect the very
important duty of giving intelligent expression of his
desires as to the proposed amendments.
FURTHER RULES CONCERNING ELECTIONS
Polls are to be kept open in towns and villages from
9 a. m. until 9 p. m. both for primary and general elections.
Towns have one polling place unless there are more than
400 voters, in which case two polling places are provided.
Liquor may not be sold on any general, special, or primary
election day. Employees are permitted to leave their work
in order to vote during the forenoon of an election day with-
out any decrease in the amount of their pay because of the
absence.
CHAPTER XIX
WILLS AND ADMINISTRATION
Jones dies, leaving property. How and to whom that
property is to be distributed will depend upon whether
Jones dies with or without having made a will. If he dies
having provided a valid will, his property is distributed
according to the terms of that instrument ; if he fails to do so,
it is distributed according to law. Both methods of admin-
istration of the estates of deceased persons Will be briefly
described in this chapter.
WHO MAY MAKE A WILL
"Every person of full age and sound mind" may dispose
of his estate, real and personal, by will. "Every person"
here includes married women. "Full age" is twenty-one
with men, eighteen with women. Insane and feeble-minded
persons and those under the influence of intoxicants can
not be considered of "sound mind."
THE FORM OF THE WILL
Wills must be in writing. They need not follow any
prescribed form but they must be signed by the testator
and witnessed and subscribed in his presence by two or more
witnesses. The following is a suggested form of will where
all the property goes to one person. Where there is more
than one beneficiary the will is necessarily longer and con-
tains more provisions for the distribution of the property.
104 FARMERS' LAW
Short Form of Will
I, John Jones, of the County of and State
of Minnesota, being of sound mind and memory, do declare
this to be my last will and testament, revoking all former
wills and testamentary instruments by me made.
First, after the payment of my just debts and funeral
expenses, I give, devise, and bequeath all my estate, real and
personal, of every kind and nature, wherever situated, to my
son, Ralph Jones.
Second, I appoint my said son, Ralph Jones, executor of
this my last will and testament.
In testimony whereof I have hereunto subscribed my
name this ninth day of August, A. D. 1913.
John Jones (Signature of testator)
On this ninth day of August, A. D. 1913, the above
named testator, John Jones, subscribed the foregoing instru-
ment in our presence and declared the same to be his last will
and testament, and we, at his request, and in his presence
and in the presence of each other, have subscribed our names
hereunto as witnesses.
(Signatures James Jameson residing at
of witnesses) Alfred Beamer residing at
The statute requires "two or more competent witnesses"
to attest and subscribe. The last clause in the form of will
above is the attestation clause. The attestation consists
in the two or more witnesses, as Jameson and Beamer in the
case of the will above, signing, that is, "subscribing," their
names at the end of the will at the testator's request and in
his presence. Jameson and Beamer in this instance should
have seen Jones sign the will or he must have told them that
the signature was his own.
COMPETENT WITNESSES
Where one who is to receive a legacy under the will is a
witness to its execution, there should be two other witnesses
who will receive none. Otherwise such a legacy is void.
WILLS AND ADMINISTRATION 105
SHOULD ONE DRAW HIS OWN WILL?
Although the essentials of a valid will are neither many
nor difficult of understanding, one not thoroughly learned
in the law would be very unwise in drawing his own will,
especially when adequate legal advice can be secured.
HOW WILLS ARE REVOKED OR CANCELED
A will is revoked by a later will or by some writing of the
testator revoking it. Such a writing must be made in the
same way as the original will. A will may also be revoked if
"burnt, torn, canceled, obliterated, or destroyed" by the
testator himself or by another person whom he has ordered
so to do in his presence. The injury or destruction of a will
after this manner must be proven by at least two witnesses.
A will is revoked if, after it is made, the testator marries.
Also, all provisions in favor of a spouse are revoked by
divorce from that spouse.
STEPS IN ADMINISTERING AN ESTATE WHERE A WILL
HAS BEEN MADE
At any time after the death of the maker of a will any
person interested in the estate, be he named in the will or
not, may petition the probate court of the proper county
to have the will proved. The court files the petition and
appoints a time and place for hearing the proofs of the will
and provides that a notice of the hearing be published in a
newspaper. At this hearing evidence may be brought for-
ward to prove that the will before the court is or is not the
valid last will and testament of the deceased. Effort is
usually made to have the subscribing witnesses present at
the hearing but, as their presence is frequently impossible,
other witnesses may be admitted to prove the proper execu-
tion of the will by proving the handwriting of the testator
106 FARMERS' LAW
and of the subscribing witnesses. Then the court allows or
disallows the will.
EXECUTOR AND ADMINISTRATOR
John Jones, in the body of the will given near the open-
ing of this chapter, provides that his son, Ralph Jones, shall
be executor of his estate, — that is, that he is to have charge
of the estate until final distribution according to the terms
of the will. Frequently the testator does not name an
executor, or the person named has died or refuses to accept
the trust. Then the probate judge appoints an adminis-
trator, either the "spouse or next of kin or both, or some
person selected by them." The executor or administrator
must give bond in the amount the court directs, to insure
faithful performance of the trust.
NOTICE TO CREDITORS
The executor or administrator then gives notice by
publication for three weeks in a newspaper for all creditors
to present their claims against the estate in writing. The
judge of probate may allow from six months to a year for
the presentation of these claims. They must be itemized
and verified by affidavit.
INVENTORY AND APPRAISAL OF THE ESTATE
Within three months after his appointment the executor
or administrator must make and return to the probate court
an inventory and appraisal of all the property of the
deceased. Appraisal is made by two or more disinterested
persons appointed by the court for that purpose. The
inventory contains the following classification of property :
(1) real estate, (2) furniture and household goods, (3) wear-
ing apparel and ornaments, (4) stock in banks and other
WILLS AND ADMINISTRATION 107
corporations, (5) mortgages, bonds, and other written
evidences of debt, (6) all other personal property.
SETTLEMENT OF THE ESTATE
The probate judge allows the executor or administrator
a reasonable period, not to exceed eighteen months, in
which to settle the estate. For good cause this period may
be extended, but not to exceed one year at a time. In set-
tling the estate the provisions of the will are followed, except
as to setting aside the homestead dealt with below under
''Descent of Property" and except where the will conflicts
with the law as to distribution of personal property.
Children born after the will was made, without provision
having been made for them in the witt or otherwise, share
in the estate just as if the father had died having made no
will. The same is true of any other of his children or issue
of deceased children not benefiting under the will, unless it
is proved that the omission was intentional.
ADMINISTRATION OF THE ESTATE WHERE THE DECEASED
HAS LEFT NO WILL
Had John Jones died "intestate," that is, leaving no
will, the steps preparatory to settling up the estate would
have been much the same as they have already been out-
lined in this chapter. After his death there would be, first,
a petition by some person interested in the estate asking for
the appointment of an administrator. Then would follow
the published notice of the hearing to persons interested.
The hearing having occurred, the court would appoint an
administrator. Creditors would be notified, inventory and
appraisal of all property would Be made, and claims settled.
Then would follow the final hearing and the estate would be
divided according to law.
108 FARMERS' LAW
DESCENT OF PROPERTY
The distribution of the estate of a person dying intestate
is provided for under three classifications, (a) Homestead,
(b) Other Real Property, (c) Personal Property.
(a) The Homestead
The homestead, defined elsewhere in this book, descends
to the surviving spouse if there is no surviving child or
issue of any deceased child. In the former case the sur-
viving spouse takes an absolute title to the homestead. If
there are both a spouse and child or children or issue of
deceased children, the homestead descends to the spouse for
the rest of his or her life. These rules apply to the descent
of the homestead in spite of provisions in wills or other
disposal made without the consent of the spouse. In
other cases the homestead may be disposed of by will, and
if not by will, it descends in the same manner as other real
estate.
(b) Other Real Estate
All real estate other than the homestead descends as
follows :
(1) All to the surviving spouse, if there are no children
or issue of deceased children.
(2) One-third to the surviving spouse, if he or she has
not consented to the disposition of such real estate
in writing by will or otherwise, and the remainder
equally divided between children and the issue of
deceased children.
(3) If there is no surviving spouse, all the lands are
divided equally between the children and issue of
deceased children.
WILLS AND ADMINISTRATION 109
(4) In the absence of spouse or issue, to the father and
mother in equal shares. If but one of these survives
then all to such survivor.
(5) If there are none of the above, in equal shares to
brothers and sisters and lawful issue of deceased
brothers and sisters.
(6) If the intestate leaves no issue, spouse, father or
mother, or brother or sister, or living issue of brother
or sister, to the "next of kin" (nearest relatives).
(7) If there is neither spouse nor kindred, all the
property goes to the state.
(c) Personal Property
The widow is allowed all the wearing apparel of her
deceased husband. Household furniture to the value of
not more than five hundred dollars and other personal
property in the same amount, in both cases her own selec-
tion, go to her. If there is no surviving widow, the same
allowances go to the minor children, selection to be made
for them by their guardian. The excess of personal prop-
erty over these amounts is distributed in the following
order: (1) payment of funeral expenses and costs of
administering the estate, (2) payment of the debts of the
estate, (3) one-third of the remainder to the widow, (4) the
remaining two-thirds, or the whole, if there is no widow, to
be distributed as in the case of the division of real estate as
outlined under (b). These provisions for the division of
the personal estate apply as well to a surviving husband as
to a surviving wife.
POSTHUMOUS CHILDREN
In the descent of property a child born after the death
of its parent is considered as living at the time of such
death.
no FARMERS' LAW
GUARDIANS
Guardians for children under age are sometimes named
in wills. Where this has not been done and where the
court deems it advisable, it may appoint guardians for the
children and the estate if the children are under fourteen.
Children over fourteen may select their own guardians sub-
ject to the approval of the court.
CHAPTER XX
CO-OPERATIVE ASSOCIATIONS
In recent years there has been a great development of
co-operative organization among Minnesota farmers.
Familiar examples of these co-operative enterprises are
creameries, cheese factories, skimming stations, grain ele-
vators, town mutual insurance companies, stores, threshing
rigs, silage outfits, corn shellers, and stallions. The statute
permits these co-operative associations to engage in "any
lawful mercantile, manufacturing, or agricultural business."
The organization and management of these associations is
governed by statute and is the same for all except for the
township mutual insurance company, which is discussed in
a later chapter.
ORGANIZATION
Co-operative associations are financed by subscription
for shares of stock. These shares are usually from one to
one hundred dollars in face value. The entire capital stock
of a creamery association may not exceed twenty-five thou-
sand dollars, while other enterprises may sell stock in
amount of one hundred thousand dollars. No less than
seven persons may organize such an association and own its
stock. No share may be issued for less than its par value
and no member of the association is permitted to own
stock whose par value is greater than one thousand dollars.
The association may commence business as soon as twenty
per cent of the capital stock has been subscribed and paid
112 FARMERS' LAW
in. The association is forbidden to issue any certificate
for shares before the full amount of those shares has been
paid in. The certificate of incorporation of the association
is filed in the office of the clerk of the town, village, or city
in which the business is carried on. A majority of the
incorporators must be residents of the county of its princi-
pal place of business. The duration of any such com-
pany shall not exceed twenty years, but this period may
be extended by renewal.
MANAGEMENT
The officers of such an association are a president, a
treasurer, and not less than three directors, and these are
chosen annually by the stockholders. These officers act
as a board of managers for the association. By-laws for
the conduct of the association are made at its meetings and
in these by-laws it may provide for any other officers. The
certificate of incorporation may be amended at a stock-
holders' meeting upon ten days' notice.
PROFITS
The profits of the association are usually distributed as
dividends in proportion to the amount of stock that each
member holds. These dividends must be declared as often
as once a year. Where for five successive years the board
fails to declare a dividend, five or more stockholders by
petition may apply to the district court to have the associa-
tion dissolved.
REPORT TO DAIRY AND FOOD COMMISSION
Every creamery association, on or before December 30
of each year, must make a report to the State Dairy and
Food Commission at the Capitol in St. Paul, giving the name
of the corporation, its principal place of business, the loca-
CO-OPERATIVE ASSOCIATIONS 113
tion of the creamery, and the number of pounds of butter
or other dairy products made by it during the year.
RECENT DEVELOPMENTS IN CO-OPERATION
In some communities of the state co-operative associa-
tions have in recent years been so organized that not only
the stockholders but also their patrons share in the profits.
In such associations the certificate of incorporation provides
that the stock draw only a reasonable rate of interest, — 6, 7,
or 8 per cent — , and that beyond this and a small sum set
aside for a sinking fund the profits are to be divided accord-
ing to the patronage of the customers, whether or not they
hold stock in the association. This plan has the advantage
over the one in which the profits are divided among the
shareholders only in that it encourages each patron to
"boost" for the association, — it makes every patron a real
friend of the enterprise. This movement in co-operation
has brought into existence a few associations in which the
nonstockholding patrons who do a specified amount of
business with the association are not only given a share of
the profits, but also have a vote in the business meetings.
CHAPTER XXI
PROPERTY INSURANCE-The Min-
nesota Standard Policy
DEFINITIONS
The first thing to be noted about insurance is that it is
a contract whereby one party agrees to make good the
losses by mishap or otherwise of another party. The first
party is called the insurer or underwriter and, as most of the
insurers are corporations, they are usually referred to as
"companies." The second party is called the insured.
Since the contract, usually in writing, is called a policy and
is in the hands of the insured, the second party is commonly
known as the policy-holder. The amount paid by the
insured for his protection is the premium,
THE MINNESOTA STANDARD POLICY
The form of contract or policy issued by companies
doing business in Minnesota must follow certain definite
requirements which are incorporated in the "Minnesota
Standard Policy." Any company wilfully making, issuing,
or delivering a policy violating the requirements of the
Standard Policy is guilty of a gross misdemeanor, although
every stipulation in such an illegal policy in favor of the
insured will be binding upon the company.
OBLIGATIONS OF THE INSURED
There are some features of the Standard Policy, princi-
pally obligations upon the insured, which it is deemed ad vis-
PROPERTY INSURANCE 115
able to mention here. It is necessary to describe the prop-
erty insured with some care. Some items are not included
in the insured property unless specially mentioned. Among
them are drafts, notes, accounts, evidences and securities of
property of every kind, books, wearing apparel, money and
jewels. The amount of loss made good by the underwriter
may not include damage caused by an explosion of any kind
unless fire follows the explosion and then for the loss by
fire only. If any important fact or circumstance stated in
writing is not fairly set forth by the insured, or if the
insured makes any effort to defraud the company either
before or after the loss, the policy is without effect. It is
void as well if the insured takes any other insurance on
the same property without the assent of the company or
removes the property without its assent, or if, without such
assent, the premises remain vacant for more than thirty
days. Kerosene may be used for lighting purposes, and in
dwelling houses kerosene stoves may be used for domestic
purposes without voiding the policy. It is very common,
also, to include in the policy a "gasoline permit," which
allows the use of gasoline for domestic purposes and the
storage of a limited amount for such use in a dwelling house
or other building; but this clause is inserted at the pleasure
of the company. If the insured uses gasoline, he should
insist upon having the gasoline permit included in his policy.
If the insured property is exposed to loss or damage by fire,
the policy-holder is required to make all reasonable exer-
tions to save it.
THE STATEMENT
When there is any loss or damage of insured property,
the Standard Policy provides that the insured shall "forth-
with," that is, within a reasonable time, render a statement
116 FARMERS' LAW
to the company covering the following points: the value of
the property insured except in the case of total loss on
buildings, the interest of the insured therein, all other
insurance on the property, the purposes for which and by
whom the property was used, and the time and manner in
which the fire originated, as far as known.
ADJUSTMENT
The company is required, according to the terms of the
Standard Policy, to make payment for loss within sixty days
after the statement is submitted. Where there is insur-
ance by more than one company, each company pays its
proportion of the loss. Whenever the underwriter and
insured fail to agree as to the amount of the loss, the matter
is referred to three referees, who are chosen in the following
manner : the company and the insured each choose one from
three persons named by the other, and the third is selected by
the two so chosen. Suits against companies for the recovery
of any claim must be brought within two years from the
date the loss occurred.
CHAPTER XXII
FARMERS' MUTUAL INSURANCE
COMPANIES
TOWN MUTUAL INSURANCE COMPANIES
A common mode of insurance in some sections of Minne-
sota and in some other states is the Township Mutual
Insurance Company. Township mutual insurance com-
panies are co-operative insurance companies, — that is,
insurance companies whose stockholders are the insured
property owners themselves. These companies are not
charitable nor benevolent schemes but are planned to pro-
tect the private interests of the subscribers. The State of
Minnesota by statute permits the organization of these
mutual or co-operative companies where not less than
twenty-five persons residing in adjoining towns, "who shall
collectively own property worth at least fifty thousand
dollars, form themselves into a corporation for mutual
insurance against loss or damage by fire or lightning.'*
Township mutual companies are forbidden to operate in
more than fifty towns at one time. The corporate existence
shall not exceed thirty years, except that it may be renewed
from time to time by a two-thirds vote of all members pres-
ent at a regular meeting of the corporation.
CERTIFICATE OF INCORPORATION
Certificates of incorporation and the by-laws of the
company are required to be filed with the State Insurance
Commission. In drafting these it is advisable, though not
118 FARMERS' LAW
required, to secure the services of a competent attorney.
The certificate, which must be acknowledged before a
proper officer, should specify the following:
(1) The name.
(2) Location of the principal office.
(3) General nature of the business.
(4) Territory where business is to be transacted.
(5) Who may become members.
(6) Source of corporation funds.
(7) Classes of property it is planned to insure.
(8) To what board its management will be given.
(9) The date of its annual meeting.
(10) The duration of the company's existence.
KINDS OF PROPERTY TO BE INSURED
These companies are given power to insure the following
kinds of property: "dwellings and their contents, farm
buildings and their contents, live stock, farm machinery,
hay and grain in the bin or stack, churches, school-
houses, society and town halls, country blacksmith shops
and their contents, parsonages and their contents, and the
barns and contents used in connection therewith, butter-
makers' dwelling houses and contents, and barns used in
connection therewith." Such companies are not permitted
to insure property within the limits of any city or village
except that located upon lands actually used for farming
or gardening purposes. The insurance may be against loss
by fire or lightning only, and policies may not be issued
for terms to exceed five years.
HOW THESE COMPANIES ARE SUPPORTED
Township mutual insurance companies are supported by
premiums and assessments. Premiums are paid before the
MUTUAL INSURANCE COMPANIES 119
policies are delivered to the insured. These premiums may
not be sufficient to meet the needs of the company and, to
provide for an emergency fund, the directors of the com-
pany may levy an assessment of not more than two mills on
a dollar of all the insurance in force. Whenever any loss of
insured property exceeds the cash funds of the company
the directors have power to make assessment to cover the
excess. Suit may be brought against any member of the
company who refuses or neglects to pay an assessment regu-
larly made.
ADJUSTMENT OF LOSSES
As soon as a member sustains a loss he notifies the secre-
tary of the mutual company. Usually, when the claim is
three hundred dollars or less, the loss is ascertained by the
secretary or president, or both. If the claim is more than
three hundred dollars, the directors of the company appoint
a committee of three, of whom the secretary shall be one, to
learn the amount of the loss. If the insured and the com-
pany can not agree as to the amount of the loss, the adjust-
ment is left to three men not interested in the loss, the com-
pany and the policy-holder each selecting one, the third
being selected by the two so chosen.
MUTUAL HAIL, TORNADO AND CYCLONE COMPANIES
Minnesota Statute also permits the organization of
mutual companies for insurance against loss or damage by
hail, cyclones, tornadoes and hurricanes. Before such a
company may be organized there must have been subscribed
on its books at least two hundred thousand dollars of this
kind of insurance in not less than four hundred separate
risks upon property located in not less than ten counties and
upon not more than fifteen risks of one hundred sixty acres
120 FARMERS' LAW
each in any one township. Furthermore, each subscriber
must have paid in a membership fee of three dollars.
The following classes of property only may be insured in
such a company : country churches and school houses, farm
dwellings, barns and other buildings, hay, grain, and other
farm products in these buildings or stored or growing on the
premises, and live stock on the premises or running at large.
In its hail department no company is permitted to
insure more than 3200 acres in any one township; there
must be at least one-half mile between each risk, but risks
may be taken on lands of not more than 320 acres in area
where the land is all in one piece or in pieces touching at
the boundaries. In this hail department a mutual company
is required to collect a premium of not less than two and one-
half per cent per year of the amount insured. Every policy-
holder is also liable to assessment for all losses in a sum
equal to this premium, but not more than five per cent of
his insurance.
Mutual hail, tornado and cyclone companies are under
the supervision of the State Insurance Commissioner, who
may demand a report of any of them at any time, order an
examination of their books, revoke their licenses to do busi-
ness, or bring an action in the district court to wind up
their affairs.
CHAPTER XXIII
LIFE INSURANCE
WHAT IT IS
The life insurance contract differs from the property
insurance contract principally in that in the former we say
"If I die" instead of "If my barn burns." The purpose of
life insurance in its earlier history was only that of protect-
ing against want those dependent upon the insured in the
event of his death. While that is still the prominent func-
tion of life insurance today, the development of the business
during the last century has added others. A few of these
are given in the following description of the more common
kinds of life insurance.
Rates or premiums for life insurance depend upon the
age of the applicant, — the older the insured, the higher the
rate.
ORDINARY LIFE INSURANCE
"Ordinary" or "straight" life insurance is the original
life insurance. The policy provides that the amount named
will be paid by the company to the beneficiary, that is, the
person in whose favor the policy is written, at the death of
the insured. Payment of the premium is made regularly —
usually every year — until the death of the insured.
LIMITED PAYMENT LIFE INSURANCE
Limited payment life insurance provides for the pay-
ment of the regular premium through a limited number of
years, let us say, for example, twenty, but the protection
122 FARMERS' LAW
runs not only through the period during which premiums
are being paid, but until the death of the insured, whenever
that may occur. Although the rates for limited payment
insurance are higher than for ordinary insurance, it has a
distinct advantage over that type of insurance in that a
man may pay for the protection for the complete period of
his life during his younger and more productive years, and
he is not burdened with premium payments in later life.
TERM INSURANCE
Term life insurance policies give protection during a
short period only and then expire. Naturally the rates on
this type of insurance are very low as compared with
the rates on other types. These policies generally grant
the insured the privilege of renewing at advanced rates
without medical examination, and also frequently give
him opportunity to change from this kind of insurance to
some other.
ENDOWMENT INSURANCE
Endowment insurance provides that the insured, after
paying the premium for a given number of years, will
receive a certain sum of money. If he should die before the
end of that period, the amount of the policy will go to the
beneficiary. Endowments are attractive to a large number
of those seeking insurance. One reason for this popularity
is, that the insured is protecting his children when they are
at tender age and can not be self-supporting. They do not
so much need the protection after approaching maturity.
A second reason is, that endowment insurance is a conven-
ient method of saving for old age. It is comforting to
know that when one reaches the age of sixty, let us say, he
will come into several thousand dollars by the expiration
LIFE INSURANCE 123
of an endowment policy. Again, endowment insurance is
advocated as a good investment, — good because safe and
because the premiums are accumulating interest. This
rate of interest is not usually high, but the investment is
free from the risk frequently attending investments where
the rates of interest are much higher.
ANNUITY INSURANCE
There are so many variations of the above described
types of insurance that it would be impossible to deal with
them in the scope of this book. A few are merely mentioned
here. There is, for instance, annuity insurance, which pro-
vides that, instead of the payment of the proceeds of the
policy in a lump sum, payment be made in a fixed
number of annual installments or by a continuous annual
income during the lifetime of the beneficiary. A policy of
this kind prevents the loss of the proceeds of the policy by
unwise investment by the beneficiary. Endowment annu-
ity insurance is similar to the annuity type just mentioned,
except that the annual income installments are paid to the
insured if he is still living at the date of the expiration ot
the policy, and, after his death, to the beneficiary.
INSURABLE INTEREST
Just as in property insurance the applicant must have
an insurable interest in the property, so must the applicant
for life insurance have an insurable interest in the life of the
insured. Every person has an insurable interest in his own
life. Every person has an insurable interest in the life of
any person upon whom he depends for support, also in the
life of any person in any way obligated to him for the pay-
ment of money. Husband and wife have insurable interests
in the lives of each other. But a nephew has no insurable
124 FARMERS' LAW
interest in an aunt upon whom he is not dependent wholly or
in part. But if a person has an insurable interest at the date
the policy is taken out, the policy is not affected in case the
interest ceases. The policy may be assigned to anyone
whether or not the new beneficiary has an insurable interest.
APPLICATIONS FOR INSURANCE
The application for life insurance and the policy com-
bined make up the entire contract between the insured and
the insurer. For this reason an authentic copy of the
application is usually attached to the policy given the
insured.
MINNESOTA POLICIES
In a law passed by the Minnesota Legislature in 1907,
and later changed, six forms of standard policies covering
the various types of life insurance are authorized. The
act further provides that no other form of policy can be
used unless it has previously been filed with the State
Insurance Commissioner and approved by him. For the
protection of patrons of life insurance companies, this act
also sets forth provisions that must be contained in policies
not following one of these six authorized forms. The gist
of those provisions is here set down :
(1) A grace of one month is allowed for the payment of
all premiums but the first, during which month the
insurance is to continue in force. This over-due
premium may, however, be subject to an interest
charge during that month.
(2) In "participating" policies there shall be a provi-
sion that the insured shall share in the divisible
surplus of the company, beginning not later than
the end of the third policy year, and that the
LIFE INSURANCE
125
TRAVELERS
Insurance Company
OF Hartford. Connecticut. .
ly tI|TS Contrart of lusuraitrr Ayrrrs tn JJay
Diillars.1
FIG. 10. SPECIMEN LIFE INSURANCE POLICY. (First Page.)
126 FARMERS' LAW
owner of the policy shall have the right each year
after the fifth to have the current dividend paid in
cash. The owner is also given other choices as to
what is to be done with the dividend.
(3) The policy shall be incontestable after two years
from its date except for failure to pay premiums.
Hence, suicide would not avoid the policy except
within two years from the date it was drawn.
(4) All statements made by the insured shall, in the
absence of fraud, be considered representations
and not warranties. Only where such statements
are contained in the application for insurance and
this application is attached to the policy as a part
of the contract and where the statements are
"wilfully false or intentionally misleading" is it
possible for them to affect the validity of the
policy.
(5) If the age of the insured is understated, the policy
is not avoided, but the amount payable to the
beneficiary will be as much as the premium which
has been regularly paid would have purchased at
the correct age of the insured.
(6) At any time after three full years' premiums have
been paid, the insured has the privilege of obtain-
ing from the company a loan upon the policy. To
obtain such a loan the insured must assign his
policy to the company and pay a specified rate of
interest. In practice this rate has usually been
six per cent. No other security than the policy
is to be required. The amount of the largest loan
that can be made on the policy is to be given in a
table of loan values included in the insurance
contract. Failure to pay such loan or interest
LIFE INSURANCE 127
can not avoid the policy. Term insurance policies
are not required to contain this provision.
(7) When the insured has failed to make payment of
the premium at any time after premiums have been
paid for three years, the company must grant to
the owner of the policy a stipulated type of insur-
ance, the value of which is regulated by a table
included in the insurance contract. This pro-
vision must also state that the policy may be sur-
rendered to the company within one month from
the date of failure to pay the regular premium "for
a specified cash value at least equal to the insurance
aforesaid.'* This value is commonly termed the
"cash surrender value." This requirement is not
made of policies for term insurance of twenty
years or less.
(8) Provision as to time of payment of the proceeds of
the policy must be either "upon the receipt of due
proof of death" or "not more than two months after
the receipt of such proof."
(9) The title on the face and on the back of the policy
must correctly describe it.
OTHER IMPORTANT LIFE INSURANCE REGULATIONS
The agent has no power to change the terms of a policy.
Rates, premiums, dividends, and benefits of any kind
must be the same for all persons of the same class, that is, of
the same age, occupation, etc., and for the same type of
insurance. Nor shall there be any unequal treatment on
account of race. Upon request, the company must furnish
reasons for rejecting an application for insurance.
Insurance companies are forbidden to issue or circulate
128 FARMERS' LAW
any false statements as to their policy, its benefits, or the
dividends or shares of surplus to be received under it.
Every person insured in a mutual company having its
home office in this state shall be a member of the company,
with one vote and another vote additional for each one
thousand dollars of insurance he carries in the company.
Such a company is required to make an annual division
of the surplus to members whose policies have been in force
three years or more.
The beneficiary may be changed where the right to
change has been reserved or in the event of the death of the
beneficiary by filing a written notice of the change at the
home office of the company. Where the beneficiary is still
living, this change should have his consent. If the bene-
ficiary dies before the insured and no new beneficiary has
been named, the proceeds of the policy will be paid to the
estate of the insured.
FRATERNAL INSURANCE
During the last half-century fraternal society or
assessment insurance has become common. One might
term this co-operative life insurance. In order to meet the
obligations arising because of death among the members,
assessments are made upon all members. If assessments
are not paid the policy is forfeited. It has been found a
universal rule with these organizations that, as the society
and its members grow old, deaths occur more frequently,
causing higher or more frequent assessments. These
increased costs discourage many members and they with-
draw, thereby making the assessments still heavier upon
those that remain. The fraternal features of these associa-
tions are worthy of some consideration, and while they are
young they furnish a very cheap form of protection. They
LIFE INSURANCE 129
can not be made permanent, business-like organizations
until their rates of insurance are made approximately as
high as those of "old line" life insurance companies. These
organizations are now somewhat under the control of and
receive their licenses from the State Insurance Commis-
sioner.
CASUALTY INSURANCE
Casualty or accident insurance provides indemnity for
"loss of life, sight or limb." Indemnity for losses of this
kind is paid in lump sums, the amount depending upon the
seriousness of the disability For example, the writer has
before him a policy that provides an indemnity of six hun-
dred dollars for "loss of life, both feet, both hands," etc., and
but three hundred dollars for the loss of either hand or
either foot, and two hundred for the loss of the entire sight
of one eye. Most of these casualty policies also contain
provisions for indemnity during illness of the insured. The
payment of indemnity in case of illness is customarily by
a definite weekly stipend. Casualty insurance is also sub-
ject to partial regulation by the state.
CHAPTER XXIV
NOTES, CHECKS, AND DRAFTS
NOTES
The more common kinds of commercial paper are notes,
checks, and drafts.
When a farmer or other person wishes to make the pur-
chase, let us say, of seed grain or of a farm implement, but
has not the ready money to pay for it, he may secure what
he wants by giving his note, A note is simply an uncon-
ditional promise in writing to pay to a certain person a defi-
nite amount of money at some specified future time. The
one who makes the promise signs the note, and is called its
maker. The person to whom he promises payment is the
payee.
Frequently where the payee so desires, another person,
as "surety," signs the note with the maker. In such cases
this additional signer becomes liable if the original debtor
does not meet his obligations.
In our state a note or other obligation may bear no
greater rate of interest than ten per cent. Where interest is
to be paid but no rate has been fixed, it is understood to be
six per cent.
CHECKS
Instead of keeping about their homes or persons any
considerable sums of money, most people make a practice
of depositing such money in the banks. When they wish to
make payment to any other person of a part or all of the
NOTES, CHECKS, AND DRAFTS
131
amount deposited, they write out an order on the bank
directing it to make payment to this other person. This
order is known as a check. The person ordering payment is
called the drawer, the bank addressed is the drawee, and
the person to whom the money is paid is the payee.
BANK OF GLEXCOE,
JPiiF '^ ^^^. y^^.^^^^t.'-'^->^'*>^'-t:'-rf-cP an Bear EH,
FIG. 11. CHECK PAYABLE TO PAYEE OR BEARER
DOLLABH.
-^'^'^f^.a^
■^
11
Bank of Glenco«,
Glonooe,Minn.
I hfxy to order oST^^^^
$^£^
I |^ ^X<^»c^-^^^^^^^ a<^^ <^^ ^f,-— ~ Doll ars
^--^^^ ^ ^^^^^^y
mr
m
FIG. 12. CHECK PAYABLE TO THE ORDER OF PAYEE.
It is a good rule to present checks at the bank upon
which they are drawn as soon as possible after you receive
them. Unless checks are dated ahead, the law requires
that they be presented to the bank for payment "within a
reasonable time," which is, in most cases, within a day after
they are issued. Otherwise the drawer is freed from lia-
bility on them.
The bank on which the check is drawn is not liable to
132
FARMERS' LAW
the payee or other holder unless and until it accepts or
certifies the check.
It is rather common practice to draw up checks to the
payee "or order," or "to the order of" payee, rather than to
the payee "or bearer." This is done because, in receiving
payment, the payee must endorse the check, and this
indorsement makes the check serve the purpose of a
reciept.
"Overdrawing" an account at a bank is writing out
checks upon the bank when the maker, or drawer, has not
enough funds on deposit or to his credit in the bank for their
payment. When it is proved that the person drawing the
checks drew them with the intention of defrauding, knowing
at the time that he was overdrawing, he is guilty of a gross
misdemeanor and is subject to a fine of not more than $1000
or to a prison term of not more than one year, or both.
DRAFTS
As it is an unwise act to send any considerable amount
of money in coin or paper to distant points by mail, the wise
Chcf iriif Katinnal l^aiik
NATIONAL BANK OF COMMERCE
NEW YORK
FIG. 13. BANK DRAFT.
avail themselves of one of two methods in sending money:
(1) the post office or express money order and (2) the bank
draft. As its name implies, the draft is obtainable at
NOTES, CHECKS, AND DRAFTS 133
banks. It is an order by the bank at which it is obtained
to another banking institution to pay the amount named
in the instrument to a third person. The parties to the
draft are the same as in the case of the check.
NEGOTIABILITY
Nearly all the instruments that come under the three
classes described are drawn up to some payee "or order,"
"or bearer," or "to the order of" the payee. These words
give power to transfer ownership of the instrument, or, as
it is usually expressed, make the instrument negotiable, if it
also has these characteristics: (1) it must be in writing and
signed by the maker or drawer; (2) it must be payable on
demand or at some fixed date or at some date that can be
determined ; (3) it must contain a definite promise or order
to pay a certain sum of money. The negotiability is not
affected by the omission of the date of making or of the
statement "for value received" or any statement that
value has been given. But an instrument is not negotiable
if it is made payable after the happening of some future
event, such as when a person named in the note will become
of age. As death is sure to happen, a note made payable
after death is negotiable.
INDORSEMENT
If the holder of a negotiable note desires to use the money
before it becomes due, he may sell the instrument to some
one else. Instruments containing the words "or bearer"
may be transferred by delivery only, — that is, without
indorsement. Where the words "or order" are used, the
paper should be indorsed to be transferred. Indorsement
means the signature of the payee on the back of the paper.
"Blank" indorsement is the signature of the payee and
134
FARMERS' LAW
nothing else. An instrument so indorsed is payable to
bearer. A special indorsement, or "indorsement in full,*'
includes this signature and an order to pay to some definite
person named in the indorsement. "Pay to the order of
John Jones, (signed) O. F. Miller," is a special indorsement.
Indorsement must be of the entire instrument and
indorsement of a part only is not considered a transfer of
FIG. 14. ENDORSEMENT IN BLANK.
191=^ JVo. (^i/i^.
Gleiicoe,
hcoc, Miiui.
A ^^^-> ^ ^^ ^ <P -^^--^^ DoU^
FIG. IS. ENDORSEMENT IN FULL.
the instrument. Where an instrument is payable to the
order of two or more persons who are not partners, all must
indorse, unless the one indorsing has been given power to
indorse for the others. If the name of the person who must
NOTES, CHECKS, AND DRAFTS
135
indorse is incorrectly given or misspelled, he indorses the
instrument with the name as there given. If he think fit,
he may also add his correct signature.
THE INDORSERS' LIABILITY
Whenever a person indorses a negotiable instrument he
signifies two things: (1) he gives his consent to its transfer
and (2) he contracts with all future owners of the instru-
ment to be responsible for payment if the original debtor
or any earlier indorser does not meet his obligation. The
indorser really "backs" the instrument. In order to make
.//^/<^_ Q^^i.^
"'^Mmj^^
^e^ ^- ^ fe^
FIG. 16. QUALIFIED ENDORSEMENT.
an indorser responsible, prompt demand of payment
should be made of the original debtor. An endorser who
wishes to be free from liability may indorse as follows: "Pay
to the order of John Jones without recourse to me, (signed)
O. F. Miller." This is called a qualified indorsement.
DATE OF MATURITY
Days of grace have been abolished by statute in Minne-
sota. When the day of maturity falls on Sunday or a
holiday the instrument is payable on the next business day.
136
FARMERS' LAW
Instruments which fall due on Saturday must be presented
for payment on the next business day, except that those
payable on demand may be presented before noon on
Saturday when that entire day is not a holiday. In reck-
fsaaeaaat
.oA^^^u^
juuuuuuu i muuuui)(Juuu
Bn
^
FIG. 17. PROMISSORY NOTE WITHOUT SURETY.
-^ '^ afltT daUffoT value received,
Ipromiee to pay to the order of thc nnsT national bank, glcncoe. Minnesota
lie of a.. per eeiU per annum umpil fuUvDaid. . Interest payabU
Witnei$.S^.x
u-ith interett at the rate c
or OLtNCOC. MtNNUOTA.
FIG. 18. PROMISSORY NOTE WITH SURETY.
oning time in instruments not payable on demand the day
from which the time begins is not counted, but the day of
payment is counted.
AMBIGUOUS INSTRUMENTS
When the amount expressed in words in an instrument
is not the same as the amount put down in figures, the
amount named in the words is considered the correct
amount to be paid. If the words are uncertain, the figures
NOTES, CHECKS, AND DRAFTS 137
may be referred to for fixing the amount. If there is a disa-
greement between the written and printed parts of the note,
the written parts prevail. If a note does not state the
date from which the interest is to run, it runs from the date
of the note.
FORGED PAPER
By "forged paper" is meant falsely made, counter-
feited, or altered paper when made or altered with the
intention of defrauding. The more common types of for-
gery are imitating signatures and raising the sums of instru-
ments. Forgery of this kind is forgery in the first degree
and is punishable by imprisonment in the state prison fo!
not more than twenty years. Forged paper has no validity
even in the hands of a holder in good faith. Whoever pur-
chases it or pays it suff^ers the loss.
CHAPTER XXV
COMMISSION MERCHANTS
A commission merchant is a person to whom farm prod-
uce, such as cattle, hay, poultry, etc., is shipped for the
purpose of sale. He receives his pay from commissions
taken from the proceeds of the sale. His duty is to sell
the produce entrusted to him at the best possible price he
can secure, and his accounts are required to be open to the
examination of those who consign goods to him. The
shipper is known as the consignor and the commission mer-
chant the consignee.
Commission merchants are required by Minnesota
statute to obtain licenses from the State Railroad and
Warehouse Commission at the Capitol in St. Paul and to
file a bond to the state with the Secretary of State. The
bond is drawn up for the benefit of those who consign prod-
uce to the commission merchant.
Whenever a commission merchant sells any grain he
must render to the consignor within twenty-four hours of
the date of sale a true statement in writing, giving the
amount sold, price received, name and address of pur-
chaser, and the day, hour, and minute of sale. He must
also send a statement covering all charges and expenses.
When a consignor of produce other than grain, after
demand, has received no remittance or report, he may com-
plain to the Railroad and Warehouse Commission, who shall
investigate the matter. In such an investigation all infor-
mation, books, records, and memoranda must be open to
COMMISSION MERCHANTS 139
the commission for inspection. If an account for such
produce remains unpaid, complaint may be filed by the
consignor with the commission and he may bring an action
upon the bond of the commission merchant. The license
of the commission merchant violating the law may be can-
celled by the commission if the facts warrant it, and the
commission may refuse to renew the license for one year.
Furthermore, any commission merchant defrauding a con-
signor in any way is guilty of larceny, and may be punished
for that offence through the action of the courts.
CHAPTER XXVI
AUCTIONS AND AUCTIONEERS
In our state, auctions and auctioneers are regulated to
some extent by law.
Auctioneers, to ply their trade anywhere in the state,
must obtain a license from the county board or the county
auditor. The license fee for one year is ten dollars. The
auctioneer must also give bond of not less than one thou-
sand dollars and not more than three thousand dollars.
The amount of the bond is fixed and the sureties approved
by the county treasurer.
The auctioneer is required to keep a correct account of
all property he sells. This account should include the per-
son from whom the property was received, the person to
whom it was sold, and the price. He may receive no goods
from any person whom he knows to be a minor. To any
person injured by such acceptance of goods he forfeits a sum
not to exceed two hundred dollars.
The statute makes it a misdemeanor for any person not
licensed as an auctioneer to sell property at auction. Sales
made by sheriffs, constables, etc., in carrying out the duties
of their offices are not, of course, violations of the law.
In the chapter on contracts it was stated that under the
statute of frauds auction sales of personal property where the
purchase price is greater than fifty dollars are valid without
further writing than is necessary to take proper entries
in the salesbook.
It is not commonly understood that if the auctioneer or
AUCTIONS AND AUCTIONEERS 141
the owner of property about to be put up at auction arranges
with some person to bid on the property without intending
to purchase it, he is guilty of fraud against those who are
bidding in good faith. The contract is void, since the
purpose is to defraud an innocent third person. The last
named may rightly return the property struck off to him
and demand the return of the purchase price.
CHAPTER XXVIl
COMMON CARRIERS
Common carriers are such persons or corporations as
undertake to carry freight or passengers for hire. Rail-
roads are famiHar examples of common carriers. As farm-
ers are frequent patrons of railroad companies, a brief
chapter bearing on common carriers and our state regula-
tion of them will not be out of place here.
BILL OF LADING
When a man makes shipment of freight he receives what
is known as a bill of lading. This is a combination of receipt
and contract, — a receipt for goods left with the railroad
company to be transported, as well as a contract to carry
the goods safely to their destination. This bill of lading as
receipt and contract is signed by the agent of the railroad
company and is, therefore, binding upon the company.
LIABILITY
This pledge of safe delivery also makes the common
carrier the insurer of goods during transportation. Even
though the bill of lading may provide specifically that "all
goods are shipped at the owner's risk," the carrier is liable
for damages to goods, except when the loss is caused by (1)
a public enemy, (2) an Act of God, (3) public authority, (4)
nature of the goods, or (5) the shipper himself. An illustra-
tion of a public enemy is a strike ; an Act of God might be a
flood; public authority might seize infected cattle and
COMMON CARRIERS 143
destroy them to protect the pubHc health; and a carrier
could not be held liable for the decay of fruit which was
already over-ripe when shipped in a refrigerator car properly
iced.
COMPLAINT TO RAILROAD AND WAREHOUSE COMMISSION
In Minnesota, the Railroad and Warehouse Commission
has general supervision over these common carriers. It is
made up of three commissioners elected by the people for
a term of six years. All grievances against common carriers
are brought before it in the following manner :
(1) Complaint is made before the commission by the
aggrieved person.
(2) The commission, if reasonable grounds for com-
plaint appear, orders the carrier to grant relief or show
cause within twenty days.
(3) If the matter is not adjusted, a hearing is held.
After the hearing the commission issues its orders or makes
recommendation.
The complaints may, among other things, bear upon
unreasonable or excessive rates, as well as upon any other
grievances that may arise.
CARS
To obtain cars at a station on a railroad a shipper of any
kind of freight makes written application to the agent of the
railroad. The carrier is then required to furnish the cars
asked for within forty-eight hours or less at terminal points
on the railroad and within seventy-two hours at inter-
mediate points. For failure to do as here described the
carrier must forfeit to the person making application one
dollar per day for each car it fails to furnish, besides all
damages the applicant sustains. Within twenty-four hours
144 FARMERS' LAW
of receipt of notice that cars have been loaded by the
shipper, the carrier must forward them toward their des-
tination. Failure to do so is punished as in the case of
failure to provide cars. The shipper is given forty-eight
hours to load cars furnished him, and for every twenty-four
hours or fraction thereof of delay beyond forty-eight hours
the shipper must pay a demurrage charge of one dollar.
For unloading cars the consignee is allowed seventy-two
hours for soft coal, bulk lime, fruit, vegetables, or lumber
shipments, and forty-eight hours for other shipments. For
delay in unloading, the consignee pays demurrage charges
as in the case of the shipper's delay in loading. The rail-
road company must give notice to consignees within twenty-
four hours after arrival of cars. In all of the above cases
Sundays and legal holidays are excepted.
SHIPPING LIVE STOCK
Railroad companies are required to transport all live
stock with "proper speed." The Railroad and Warehouse
Commission may not set that speed at less than twelve
miles per hour. This rule applies only to shipments wholly
within the state.
Common carriers receiving car-load shipments of live
stock are required by statute to furnish transportation for
persons to care for such stock, — one person for the first
car-load, and one for each four additional cars.
CHAPTER XXVIII
MISCELLANEOUS
REPLEVIN
Replevin is an action brought to again obtain possession
of personal property that has been wrongfully taken or is
wrongfully withheld. By giving bond, the person making
the complaint may have the property taken from the per-
son wrongfully holding it and have it kept in the care of
the proper officer until the question of the right to possession
is settled in the court. Actions of this kind must be com-
menced within six years after the taking or wrongful hold-
ing of the property.
ATTACHMExNT
A writ of attachment is an order to the sheriff or other
officer to take some certain property of the defendant and
hold it as security for a judgment which may be obtained.
This writ is used mostly in cases where the debtor absconds,
hides himself, has contracted the debt dishonestly, or where
he lives outside the state and has goods within the state
and is dishonestly avoiding payment of the debt. The
writ is obtained from the clerk of court by the plaintiff
after the latter has made affidavit that one or more of the
above named causes or similar causes for action exist.
The plaintiff must also give a bond of at least $250 to
guarantee the payment of all costs if judgment should be
given for the defendant. The writ orders the sheriff at
once to attach and safely keep the defendant's property
10—
146 FARMERS' LAW
that he finds in the county or so much of it as will meet
the claim and costs.
GARNISHMENT
By garnishment proceedings a person owing money to
the defendant may be brought into court and by its action
ordered to pay the money into its charge and not to the
defendant. Garnishment is often used to force a third
party owing wages to the defendant to pay a part of them
to the court or to keep same to satisfy any judgment the
plaintiff may obtain in the court. The third party is
known as the garnishee.
INJUNCTION
The writ of injunction is an order of the court com-
pelling some certain person to refrain from doing some
particular thing. It is issued when it appears to the court
that the doing of that thing will work harm to the plain-
tiff. An injunction may also be granted where the defen-
dant threatens or is about to remove or dispose of his prop-
erty, intending thereby to cheat the plaintiff. The injunc-
tion prevents the doing of the particular thing while await-
ing the final action of the judge or court.
LIBEL AND SLANDER
Libel is "every malicious publication by writing, print-
ing, picture, effigy, sign, or otherwise than by mere speech,
which shall expose any living person, or the 'memory of one
deceased, to hatred, contempt, ridicule, or obloquy, or which
shall cause or tend to cause any person to be shunned or
avoided, or which shall have the tendency to injure any person
in his business or occupation." Slander is doing the same
thing in speech only. For instance, Jones may say that
MISCELLANEOUS , 147
Brown removed the clothing from a dead man and stole them
for himself. We will say that the statement is false. Jones
is guilty of slander. If he had written the statement or
caused it to be printed, it would have been libel. To sus-
tain the charge of publication of libel, Brown would need
to prove that Beamer or some other person saw the written
or printed statement. Every publication of this kind would
be considered malicious if it could not be proved or no ex-
cuse could be shown for it. But Jones would be justified
if the statement was true and was published with good
motives.
It is not libel to publish a fair and true report of any
official proceeding as of a legislature or a court, or of any
statement or speech that is a part of the same, unless it be
proved that malice prompted the report.
Those who publish libelous statements are guilty of a
misdemeanor and are also subject to suit for damages.
Those who threaten to publish such statements are guilty
of a gross misdemeanor.
Action for libel or slander must be begun within two
years from the date the statement was made.
CHAPTER XXIX
THE FARMER AND THE LAWYER
This book has not been written to serve the farmer as
a substitute for the lawyer. No book or library of books
can serve that purpose. The lawyer's profession exists
because there is need for him. In these chapters as occasion
has arisen the reader has been advised, when he is consider-
ing any important legal move where a seemingly unimpor-
tant mistake may 'have dire consequences, to secure the
services of a competent attorney. Of course, no farmer — or
other person not learned in the law — should make a pur-
chase of real estate, draw a will, enter into any contract
of real significance, or do any other similar act of equal
moment, without the advice of an attorney. And there
are many other occasions, needless to mention here, when
the farmer should have the advice of a lawyer.
Granted the need for lawyers, what should be the atti-
tude of the farmer toward his attorney?
After a client has asked the advice of his attorney and
obtained it, he should follow that advice. Failure to follow
such advice too frequently ends in disaster, and the attorney
is too commonly charged, with the disaster.
Too many people ask the lawyer to help them do what
their own best judgment tells them they should not do,
endeavoring by the lawyer's assistance to salve their con-
sciences for actions they cannot themselves completely
justify. If judgment and conscience dictate a certain line
of action, no "lawing" can make another line just, even
THE FARMER AND THE LAWYER 149
though the courts so decide. Winning a lawsuit unfortu-
nately does not always signify the triumph of the right.
Among the most disagreeable and at the same time
most pitiable people in the world are those who are con-
stantly involved in some petty litigation, always having
a meatless legal bone to pick. With some of these people
"lawing" almost becomes a mania. They are not happy
unless they have some cause or other in the courts. Well-
meaning lawyers avoid them. They alienate the few
friends they have and fall heir to the wholesome disrespect
of all with whom they come in contact. A full recognition
of the fact that there are two sides to every question will
prevent the formation of this habit and the desire to go to
law over trivial differences.
Then there are those who are not fully frank with law-
yers whose assistance they are asking, — who state only a
part of the circumstances that bring them to him, or relate
those circumstances in distorted form, keeping under cover
what their attorney should know in order to give his best
help. Some one who once keenly experienced the disaster
that such indirection brings said that there are at least
three persons with whom one must be absolutely honest
at all times, — one's physician, one's lawyer, and oneself.
To go to your lawyer in all important legal matters and
to follow his advice after it is given you, to be honest with
him, to refrain from asking him to help you do what your
judgment tells you should not be done, to recall that there
are two sides to every question, to remember that right
does not universally triumph when disputes are settled in
court, and to avoid litigation over trivial matters, — these
are the finger-posts that should guide the farmer — or any
other person — in his attitude toward the legal profession.
1917 SUPPLEMENT
RECENT LEGISLATIVE CHANGES AND ADDITIONS
This chapter contains brief statements of such amend-
ments of and additions to the statutes by the General
Assembly of 1915 as are considered to be of such import-
ance as to need to be called to the attention of the readers
of this manual. The chapters of the manual and the sec-
tion headings, with page references, are given in each case
to make it possible for the reader to get at the significance
of the changes with little loss of time.
CHAPTER Vn— FARM PRODUCTS
COMMERCIAL FERTILIZERS (Page 34)
The State Legislature in 1915 enacted a statute relating
to the sale, inspection, and labeling of commercial ferti-
lizers. The most important provisions of this statute are
as follows:
(1) It is required that all packages of commercial
fertilizers, the price of which exceeds five dollars per ton,
sold or offered for sale within the state, must have affixed
to them in a conspicuous place on the exterior a plainly
printed certificate naming the materials of which the fer-
tilizer is made, the number of pounds in the package sold,
the name or trademark under which the article is sold,
the name of the manufacturer and the place of manufac-
ture, as well as a chemical analysis stating the minimum
percentage of available nitrogen, potassium soluble in
water, and of phosphorus both in its available and in its
insoluble forms.
151
152 SUPPLEMENT
(2) Before any person, firm, or corporation is permitted
to sell any fertilizer within the state, a certified copy of the
certificate just described must be filled with the state dairy
and food commissioner. Furthermore, a license fee of ten
dollars must be paid to this officer on or before May 1 of
each year for each brand of fertilizer sold or ofi^ered for sale
in the state.
(3) The state dairy and food commissioner is author-
ized to take, for purposes of analysis, a sample not exceeding
two pounds in weight of any lot or package of commercial
fertilizer.
(4) Each offense in selling or in offering or exposing
for sale in the state any commercial fertilizer without com-
plying with the provisions of the law as stated, or any use
of an analysis that is false as to constituents, or any inter-
ference with the dairy and food commissioner or his assist-
ants in discharging his duties as set forth, is punishable by
a fine of not less than twenty-five dollars and not more than
one hundred dollars.
CHAPTER XI— FARM ANIMALS
DISEASED ANIMALS (Pages 48-49)
Foot-and-mouth disease has been included with tuber-
culosis and glanders in the statute relating to the suppres-
sion of dangerous and infectious diseases of animals. The
meaning of this statute is given on page 49 of this manual.
HOG CHOLERA SERUM (Page 50)
The statute relating to hog cholera serum, referred to
on page 50 of this manual, was repealed and a new law
enacted of which the following statements contain the most
significant points:
(1) The serum manufactured at the state plant shall
be sold, as near as may be, at actual cost to any citizen who
FARMERS' LAW 153
is a resident of this state. The selling price is to be stated
on the package.
(2) In case of need the serum plant is authorized to
purchase hog cholera serum, vaccine, "or other biological
products" which are considered reliable and sell them at
about cost in the same manner as stated for the serum
manufactured in the state plant.
(3) Provision is made for the establishment in each
county of one or more distributing centers where serum,
vaccine, and other biological products will be for sale.
(4) Any person may administer the serum to his own
hogs, but no person except licensed veterinarians or others
authorized to do so by the Live Stock Sanitary Board may
administer serum to hogs other than his own.
(5) No persons except those authorized by the Live
Stock Sanitary Board may administer hog cholera virus.
CHAPTER Xn— FARM BOUNDARIES— ROADS ABUTTING ON
THE FARM, LINE AND LEGAL FENCES
ROADS ABUTTING ON THE FARM (Pages 55-56)
The right to order when trees or hedges on roads shall
be cut down is no longer limited to town boards, as stated
on page 55, but is now within the power of both town boards
as to town and county roads and of the county board as to
state roads.
County boards are now required to build culverts for
owners of abutting lands when, on account of grading a
road under county authority, a culvert is necessary for a
suitable approach from the highway to the driveway lead-
ing from abutting land.
LEGAL FENCES (Pages 57-58)
The characteristics of legal fences are now as follows,
the material appearing under this head on pages 57-58 being
no longer applicable:
154 SUPPLEMENT
(a) Fences consisting of not less than 32-inch woven
wire and two barbed wires firmly fastened to well set posts
not more than a rod apart, with the first barbed wire above
and not more than 4 inches from the woven wire and the
second barbed wire above and not more than 8 inches
from the first wire.
(b) Fences consisting of not less than 40-inch woven
wire and one barbed wire firmly fastened to well set posts
not more than a rod apart, with the barbed wire above and
not more than 4 inches from the woven wire.
(c) Fences consisting of not less than 48-inch woven
wire firmly fastened to well set posts.
(d) Fences consisting of not less than four barbed
wires with at least forty barbs to the rod, the wires firmly
fastened to posts not more than a rod apart, the top wire
to be not more than 48 inches high and the bottom wire
not less than 12 nor more than 16 inches from the ground.
(e) Fences consisting of rails, timbers, wires, boards,
stone walls, or any combination of these, or of streams,
lakes, ditches, or hedges which shall be considered by the
fence viewers as equivalent to any of the fences already
described here.
LINE FENCES (Pages 58-59)
The law bearing on "line" or partition fences, a digest
of which appears on pages 58-59, now stands essentially as
there given except (a) that line fences are to be maintained
if one or both owners desire his or their lands to be par-
tially or wholly fenced, and (b) that the remaining pro-
visions of the law have been extended to apply to the
building of new fences and are no longer limited in applica-
tion to the repair or rebuilding of those already in existence.
FARMERS' LAW 155
CHAPTER XIV— ROADS— THEIR ESTABLISHMENT AND
MAINTENANCE
STATE AID FOR STATE ROADS (Pages 65-66)
I^p to twenty-five per cent of the allotment of aid for
a county may now be spent upon both county and town
roads and is not limited to expenditure upon county roads
only.
The last sentence of the middle paragraph on page 66
should be changed to read: In counties with less than
five million of assessed valuation this proportion must not
be less than 80 per cent nor more than 90 per cent; five
million and less than ten million, not less than 70 per cent
nor more than 85 per cent; ten million and less than
fifteen million, not less than 60 per cent nor more than 80
per cent; all other counties, not less than 50 per cent nor
more than 75 per cent.
COUNTY ROADS (Page 67)
The county commissioners in all counties are now
vested with power to constitute and declare any public
highway or road in their county outside of the corporate
limits of villages and cities county roads.
THE COUNTY COMMISSIONERS AND ROADS IN UNORGAN-
IZED TERRITORY (Page 67)
County boards may now in their discretion levy an-
nually a tax of not more than 15 mills for road and bridge
purposes on all real and personal property in any territory
not organized for township purposes. The funds so raised
are to be expended under the direction of the county board
for the construction, improvement, maintenance, and repair
of roads and bridges in the unorganized territory so taxed.
156 SUPPLEMENT
ESTABLISHING, ALTERING, OR VACATING ROADS IN MORE
THAN ONE TOWN (Pages 67-68)
The first sentence of the last paragraph on page 67
should now read as follows: To establish, alter, or vacate
any road or roads connecting with each other and running
into more than one town, or on a line between two or more
towns in the same county, or wholly within a town when
such road constitutes a direct connecting link with two or
more roads in the towns adjoining the town in which such
road is, (1) twenty-four freeholders petition the county
board for such action.
TOWN BOARDS AND TOWN ROADS (Pages 69-70)
An amendment makes the last sentence in the section
on Town Boards and Town Roads no longer applicable.
THE TOWN ROAD OVERSEER (Page 70)
The Legislature has made possible a return to the older
practice of having more than one road district in a town.
The number of districts, not to exceed four, is to be deter-
mined by the voters at the annual town meeting, but the
division into districts is left to the town board.
CARTWAYS (Page 73)
Town boards are authorized to expend road or bridge
funds upon legally established cartways, the same as on
town roads, if, in their judgment, public interest requires
it.
DRAINAGE OF ROADS (Page 74)
The first sentence in the paragraph headed "Drainage
of Town Roads" (page 74) applies as well to the district
road overseer as to the town overseer.
The authority to drain roads defined in the paragraph
just mentioned has been granted to county boards as to
state roads.
FARMERS' LAW 157
BRIDGES (Page 76)
The law relating to letting contracts for bridges, the
contract price of which is more than five hundred dollars,
now requires that the publication of the advertisement for
bids must be made at least ten days and not more than
thirty days before the time fixed for receiving bids and
letting the contract and shall state the time and place of
receiving bids and awarding the contract. Moreover, at
least three weeks before the time fixed for receiving bids
the county auditor, in the case of a county contract, or the
town clerk, in the case of the town, is required to mail a
copy of the notice to the Highway Commission. The
Commission is to keep such notices on file for inspection of
any person interested and from time to time publish printed
lists of all such notices.
CHAPTER XVI— TAXES
THE TAX RATE IN MILLS (Page 85)
The county treasurer is required to have printed,
stamped, or written on the back of all current tax receipts
a statement showing the number of mills of the current tax
apportioned to the state, county, city, village, town, or
school district.
CHAPTER XVII— SCHOOLS
SETTING OFF LAND TO AN ADJOINING DISTRICT (Page 89)
An amendment to the law on setting off land to an
adjoining school district gives to any person or school
officer of any school district aggrieved by the action of the
county board in carrying out the provisions of this law
the right of appeal to the district court.
158 8UPPLEMEXT
SPECIAL STATE AID TO RURAL SCHOOLS (Pages 91-92)
The paragraph under the head of "Special State Aid to
Rural Schools" should read as follows: Rural schools in
session at least eight months shall receive aid from the
annual school fund in the amount of $150 for each teacher
holding a first class certificate and those in session at least
seven months shall receive $100 for each teacher holding a
second class certificate.
ASSOCIATION (Pages 92-93)
The duties of the superintendent or principal of the
central school in the matter of courses of study are now as
follows: "He shall prepare suitable courses of study in
agriculture and in such other industrial courses as may
properly be taught in the associated rural schools."
Association may be effected at any annual or special
meeting of the rural school district seeking such relation
and under rules of the state high school board, but associa-
tion may not be considered effected until the central dis-
trict and the state high school board have given their
approval.
The members of the various school boards of the as-
sociated school districts and the members of the school
board of the central district constitute a board to be known
as "The Associated School Board of of ."
Among the duties of this associated board is that of sub-
mitting to a vote of the various associated rural districts
the question of levying a tax in the associated rural dis-
tricts to assist in the erection of an agricultural and in-
dustrial building in connection with the central school,
and the levy and collection of a tax for this purpose. The
board may also submit to the several rural districts the
question of levying a tax, not in excess of two mills, in
FARMERS' LAW 159
such districts to assist the central district in maintaining
the industrial courses. But before any tax, either for
building or maintenance, is levied, it must be voted for and
approved by each of the rural districts so associating with
a central district.
Tuition for children enrolled in industrial departments
of state high, graded, or consolidated rural schools which
have been designated by the state high school board to
maintain such departments and where the residence dis-
tricts of such children do not furnish courses of instruction
in industrial studies is now a charge against the state.
The vote requisite for withdrawal of a rural district
from the associated relationship has been changed from
two thirds to a majority. The year of notice to the central
district of intention to vote upon the question of with-
drawal is no longer required.
CONSOLIDATION (Pages 93-95)
The plat of a proposed consolidated district submitted
to the superintendent of education for his approval, modi-
fication, or rejection must include, as well as the items
mentioned on pages 93-94, the assessed valuation of the
property of the district and such other "information as
may be of essential value."
The county board of education has been given authority
to consolidate with any district maintaining a high, graded,
or semigraded school any portion of an unorganized school
district or other district governed by the county board of
education, if such consolidation is approved by the district
maintaining such high, graded, or semigraded school.
To receive state aid as a consolidated district, a dis-
trict must contain not less than twelve sections, except
that when any consolidated district having an area of but
160 SUPPLEMENT
ten sections has a valuation of $200,000 and not exceeding
vS 1,000,000 and has within its borders an incorporated
village it shall have the privileges of a consolidated school
district. Consolidated districts are classified as A and B.
Schools of class A must be in session at least eight months
in the year, be well organized, have suitable schoolhouses
with necessary rooms and equipment, and have at least
four departments. Schools of class B must have at least
two departments. Schools of class A receive annually
$500 aid; those of class B, $250. In addition, each school
may receive annually the amount reasonably expended for
the transportation of pupils, not to exceed $2,000. Aid in
the construction of buildings shall be given equal to twenty-
five per cent of the cost of such buildings, but aid for this
purpose may not exceed a total of vS2,000.
CHAPTER XVni— ELECTIONS—PRIMARY AND GENERAL
PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS
(Pages 96-97)
Several changes were made in the presidential preference
primary law. Each candidate for delegate must by affi-
davit specify his choice of the names filed with the secre-
tary of state as candidate for president, and the ballots
are to be so printed as to indicate this expressed choice of
each candidate for delegate. The ballots are to be printed
in such a manner as to permit the voter to express his choice
for the office of vice-president. The candidate for delegate
who receives the largest number of votes shall be elected
delegate, and at once, upon notification of his election, by
an instrument filed in the office of the secretary of state,
appoint an alternate who is required to accept the appoint-
ment in writing and who, in his acceptance, declares his
choice for president, which choice must be the same as
that of the delegate appointing him.
FARMERS' LAW 161
THE STATE-WIDE PRIMARY ELECTION (Page 98)
The state-wide primary election takes place the third
Monday and no longer the third Tuesday in June.
CHAPTER XIX— WILLS AND ADMINISTRATION
SETTLEMENT OF AN ESTATE (Page 107)
Children born after the will was made, without provision
having been made for them in the will or otherwise, share
in the estate just as if the father had died having made no
will, unless it appears that such omission was intentional.
CHAPTER XXII— FARMERS' MUTUAL INSURANCE COMPANIES
TOWN MUTUAL INSURANCE COMPANIES (Page 117)
Where a town mutual insurance company limits its
operations to one county, it may transact business over the
entire county, if it so provides in its certificate of incor-
poration.
KINDS OF PROPERTY TO BE INSURED IN TOWNSHIP
MUTUAL INSURANCE COMPANIES (Page 118)
The lists of kinds of property insurable in township
mutual insurance companies is at present as follows:
"Dwellings and their contents, farm buildings and their
contents, live stock, farm machinery, automobiles, country
store buildings, threshing machines, farm produce any-
where on the premises, churches, schoolhouses, society
and town halls, country blacksmith shops and their con-
tents, parsonages and their contents, and the barns and
contents used in connection therewith, buttermakers'
dwelling houses and contents, and barns and contents used
in connection therewith."
162 SUPPLEMENT
MUTUAL HAIL, TORNADO, AND CYCLONE COMPANIES
(Pages 119-120)
The legislation of 1915 restated the list of the kinds of
property insurable in mutual hail and cyclone insurance
companies as follows: ''Country churches and school
houses, farm dwellings, barns, and other buildings, and
hay, grain, and other farm products therein, or stored or
growing on the premises, bedding, wearing apparel, printed
books, pictures and frames, household furniture, family
stores and provisions while therein or in the cellar beneath,
farm implements, vehicles, and machinery on or off the
premises, threshing machines or live stock thereon or run-
ning at large."
CHAPTER XXVm— MISCELLANEOUS
SLANDER (Pages 146-147)
Slander has been defined by recent legislation as follows :
''Every person who, in the presence and hearing of another,
other than the person slandered, whether he be present or
not, shall speak of or concerning any person any false or
defamatory words or language which shall injure or impair
the reputation of such person for virtue or chastity or
which shall expose him to hatred, contempt or ridicule,
shall be guilty of a misdemeanor. Every slander herein
mentioned shall be deemed malicious if no justification
therefore be shown and shall be justified when the language
charged as slanderous, false or defamatory was true and
was spoken with good motives and for justifiable ends."
INDEX
Accident insurance, 129.
Acknowledgment, 22.
Acquiring a farm, 12-18.
Adjoining districts, setting off
land to, 89.
Adjustment of insurance, 116; in
town mutual companies, 119.
Administration of estates, 103-
110; where a will has been
made, 105-107; where no will
has been made, 107-110.
Administrator, appointment of,
106.
Advertising, by candidates for
office, 100.
Agisters, defined, 50; lien of, 50.
Agricultural seed law, 40-43; pen-
alties for violating, 41-42.
Aid to rural schools, special state,
91-92; for association, 92-93;
for consolidation, 94-95.
Ambiguous instruments, 136-137.
Amendments to the State Con-
stitution, how adopted, 101-102.
Animals, farm, 46-53; estrays, 46-
47; distraining, 47; liability of
railroads, 47; damage caused
by, 48; diseased, 48-49; brought
into the state, 49-50; lien for
shoeing, 49-50; lien of agisters,
50; lien for service of stallions,
etc., 51; cruelty to, 51-52.
Annual school meeting, 90; powers
of, 90.
Annuity insurance, 123.
Appeals from action of town and
county boards as to roads, 72,
74. ^
Appraisal of estates of deceased
persons, 106-107.
Assessment, 80-82 ; dates of, 80-81 ;
of real estate, 81-82; of personal
property, 81-83.
Assessor, 80-82.
Association of rural schools, 92-93-
procedure, 92; state aid for, 92-
93.
Attachment, writ of, 104.
Attestation of wills, 104.
Auction contracts, 11, 141.
Auctioneers' licenses, 140.
Auctions, 140-141.
Ballot, partisan, 97, 98; non-par-
tisan, 98.
Bill of lading, 142.
Board members, school, election
of, 90.
Bond of executor or administrator,
106.
Bonds for permanent improve-
ment, of county roads, 68-69;
of town roads, 73-74.
Boundaries, farm, 54; streams and
lakes as, 56.
Boundary disputes, 54.
Bridges, contracts for, 76; inspec-
tion of, 76; width, 76; crossing,
with traction engines, 79.
Campaign expenditures, 100-101;
statement of, 101.
Candidates for office, advertising
limitations of, 100.
Cars furnished by common carri-
ers, 143-144.
Cartways, 73.
Casualty insurance, 129.
Chattel mortages, 23-24; registry,
23; foreclosure, 23-24; form, 24;
redemption after foreclosure, 24.
Checks, 130-132.
Children, born after a will has
been made, 107; not benefiting
under a will, 107; guardians for
children, 110; posthumous chil-
dren, share in estate, 110.
Collection of taxes, 85.
163
164
INDEX
Commercial paper, 130-137; notes,
130; checks, 130-132; drafts,
132-133.
Commission merchants, 138-139.
Common carriers, 142-144; cars
furnished by, 143-144.
Common law, defined, 8; source, 8.
Compulsory education law, 95.
Consideration, 9-10.
Consolidation of rural schools,
93-95; procedure, 93-94; state
aid to consolidated schools, 94-
95.
Constitution, defined, 7-8.
Constitutional amendments, how
passed, 101.
Contracts, 9-11; defined, 9; for
the sale of land, 10; made by
incompetents, 10; made by
married women, 10; made by
minors, 10; not to be performed
within the year, 10; to perform
unlawful acts, 10; when to be
in writing, 10; auctions, 11; for
personal property for more than
fifty dollars, 11; installment
contract, acquiring a farm under,
18.
Co-operation, recent developments
in, 113.
Co-operative associations, 111-
113; kinds of enterprises con-
ducted by, 111; organization,
111-112; management, 112; dis-
solving, 112.
Corrupt practices act, 100-101.
County ditches, 61-63.
County line roads, 69.
County roads, 67-69.
Covenants, in a warranty deed,
13, 15; in a mortgage deed, 19.
Cream, shipment of, 37.
Creamery associations, reports to
Dairy and Food Commission,
112-113.
Creditors, notice to, in admin-
istering estates, 106.
Crops, on shares, 30; damages to,
35.
Cruelty to animals, 51-52.
Culverts, town board to build, 56;
width of, 76; crossing with trac-
tion engines, 79.
Cyclone insurance, mutual, 119-
120.
Dairy and Food Commission,
report to, of creamery associa-
tions, 112-113.
Dairy products, 36-37; licenses to
sell, 36; use of preservatives in,
36; sale of unwholesome or
adulterated, 36-37: Babcock
test required in purchase of,
37; discrimination in prices
paid for, 37.
Damage, to crops, 35; caused by
animals, 48.
Date of maturity of negotiable
instruments, 135-136.
Dedication, of land for road, 73;
of road by use, 75.
Deed, defined, 12; kinds, 12; war-
ranty, 12-16; quitclaim, 16-17;
mortgage, 19-23.
Delinquent taxes, 85-87.
Descent of property, according to
law, 108-110; homestead, 108;
other real estate, 108-109; per-
sonal property, 109.
Designating a state road, 64-65.
Discrimination in prices paid for
dairy products, 37.
Diseased animals, 48-49.
Dissolving a school district, 89-90.
Distraining, 47.
Distribution of taxes, 87.
District, school, to form a new,
88; to enlarge a school district,
89; dissolving a school district,
89-90.
Ditches, 61-63; process of estab-
lishment, 62-63.
Dogs, 52-53.
Drafts, 132-133.
Dragging fund for town roads, 71.
Drainage ditches, 61-63.
Drainage of town roads, 74.
INDEX
165
Drunken persons, power to make
contracts, 10.
Education, compulsory, 95.
Elections, primary and general,
96-102; presidential preference
primary, 96-97; state-wide pri-
mary, 98-100; who is nominated
at primary elections, 98-100;
general, 100; additional rules
for the conduct of elections, 102.
Electors, nomination of, 97.
Emblements, right of lessee to, 30;
defined, 33.
Employees, may leave work to
vote, 102.
Endowment insurance, 122-123.
Engines, traction, 79.
Enlarging a school district, 89.
Equalization, 82-83.
Estates of deceased persons, ad-
ministration of, 103-110.
Estovers, 30.
Estrays, 46-47.
Eviction, 30.
Executor of estate of deceased
person, 106.
Exempt, property, from taxation,
81.
Express contracts, 9.
Extending the taxes, 84-85.
Extraordinary improvement of
roads, county, 68-69; town,
73-74.
Farm animals, 46-53; estrays, 46-
47; distraining, 47; liability of
railroads, 47; damage caused by,
48; diseased, 48-49; cruelty to,
51-52.
Farm boundaries, 54; settling dis-
putes as to, 54.
Farm laborers, 31-32; wages of,
when not agreed upon in ad-
vance, 31; right to discharge,
32; obligations of, 32.
Farm products, 33-37.
Farmer and the lawyer, the, 148-
149.
Farmers' mutual insurance com-
panies, 117-120.
Feeble-minded, incompetent to
make wills, 103.
Fence viewers, town board as, 57.
Fences, legal, 57-58; line, 58-59;
removal of, by town and county
boards, 74-75. ^
Filing for elections, 97-98; by
petition, 98.
Fires, caused by sparks from rail-
road engine, 35; spreading to
a neighbor's land, 57.
First and second choice votes at
primary elections, 99-100.
Foreclosure of mortgages, 23.
Forged paper, 137.
Forgery, 137.
Fraternal insurance, 128-129.
Frauds, Statue of, 10-11.
Fruit trees on or near boundary
lines, 56.
Full age, 103.
Fund for dragging town roads, 71.
Garnishment, 146.
Gasoline permit, 115.
General election, 100.
Glanders, 48.
Grain exempt from levy, 34-35.
Guardians, 110.
Hail insurance, mutual, 119-120.
Hedge, raising on property abut-
ting on road, 55.
Highway, weeds growing on, 44.
Hog cholera serum, 50; who may
use, 50.
Homestead, defined, 15; descent
of, 108.
Ice, right to, in streams, 61.
Idiots, right to make contracts,
10.
Implied contracts, 9.
Indorsement, 133-135; blank, 133
134; in full, 134; qualified, 135.
Indorsers' liabilitv. 135.
106
INDEX
Injunction, 146.
Inspection of nursery stock, 38-39.
Installment contract, acquiring a
farm under, 18.
Insurable interest, 123-124.
Insurance, property, 114; Minne-
sota Standard Policy, 114-116;
adjustment, 116, 119; hail,
tornado and cyclone, 119-120;
life, 121-129; fraternal, 128-129;
casualty, 129.
Insurance Commissioner, duties
of, 117, 120, 124, 129.
Insurance companies, town mut-
ual, 117-119.
Insured, obligations of, 114-115;
statement of, 115-116.
Intemperate drivers, 79.
Interest, insurable, 123-124.
Intestate, administration of estate
where deceased died, 107-110.
Inventory of estate of deceased
person, 106-107.
Judicial ditches, 61-63.
Kerosene, right to use, under
insurance policy, 115.
Laborers, farm, 31-32.
Lakes as boundaries, 56.
Landlord and tenant, covenants
of, 25-26.
Larceny, 34.
Law, in general, 7-8; statutes,
7-8; unwritten, 7-8; written,
7-8; common, 8.
Lawyer, the farmer and the, 148-
149.
Leases, parties to, 25; oral and
written, 25; forms of, 26-29;
tenure of, 29.
Legal fences, 57-58.
Lessee, right of, to emblements,
30.
Levy of taxes, 83-84.
Levy upon grain, when made, 34.
Liability of railroads, as to farm
animals, 47; as common carri-
ers. 142-143.
Libel, 146-147.
License to sell dairy products, 36.
Lien, threshers', 35-36; agisters',
50; shoers', 50-51; for service
of stallions, etc., 51.
Life insurance, 121-129; defined,
121; ordinarv, 121; limited pay-
ment, 121-122; kinds, 121-123;
term, 122; endowment, 122-
123; annuity, Minnesota pol-
icies, 124-128; first page of
specimen policy, 125; fraternal,
128-129.
Line fences, 58-59.
Liquor, sale of, on election days,
102.
Live Stock Sanitary Board, func-
tion of, 48-50.
Live stock, shipping, 144.
Lunatics, right to make contracts,
10.
Manure, rights of landlord and
tenant to, 34.
Married women, right to make
contracts, 10.
Maturity, date of, of negotiable
instruments, 135-136.
Meeting and passing on roads, 77.
Meetings, annual school, 90; spec-
ial school, 90.
Minors, defined, 32; wages of, to
whom paid, 32.
Moneys and credits tax, 82.
Mortgage, chattel, 23-24; fore-
closure, 23; registry, 23; form,
24.
Mortgage deed, 19-24; parties, to
19; defeasance clause, 19; cov-
enants in, 19; use of, 19; form
of, 20-21; signature, etc., 22;
registry tax, 22; discharge of
record, 22-23; foreclosure, 23.
Motor vehicles, on roads, 77-78;
use of muffler on, 77; who may
not drive, 78; in case of acci-
dent, 78; equipment of, 78-79.
Mutual insurance companies,
town, 117-119; hail, tornado
and cyclone, 119-120.
INDEX
167
National convention, election of
delegates to, 97.
Navigability, 56.
Navigable streams, as boundaries,
56; right to ice in, 61.
Negotiability, 133.
Negotiable instruments, 130-137.
Nonpartisan ballot, 98.
Notes, 130.
Nursery certificates, how ob-
tained, 38.
Nursery stock, 38-39; inspection
of, 38; infested, 38; shipment
of, 39; from outside the state,
39.
Occupation, term of, to give title,
54.
Old roads, to be open two years,
75.
Oral testimony, effect of, on writ-
ten contract, 11.
Overdrawing an account, 132.
Overseer, of town roads, 70.
Part payment to "bind the bar-
gain," 11.
Party lines, in the presidential
preference primary election, 97 ;
in the state-wide primary elec-
tion, 98.
Passing on roads, 77.
Pasturing, lien for, 50.
Personal property, assessment,
81-83; effect of wills on descent
of, 107; descent, 109.
Plans for state roads, 65.
Polls, how long to be open, 102.
Posthumous children, share in
estate, 110.
Powers and duties of school
boards, 90-91.
Powers of annual school meeting,
90.
Premium, insurance, defined, 114.
Preservatives, use of, in dairy
products, 36.
President and vice-president, how
names of candidates for are
placed on election ballots, 97.
Presidential preference primary
election, 96-97; date of, 96.
Primary election, presidential pref-
erence, 96-97; state- wide, 98-
100.
Probating a will, 105-106.
Produce shipped to commission
merchants, 138-139.
Promises to answer for the debt
of another, 10.
Property exempt from taxation,
81.
Property insurance, 114-120; defi-
nitions, 114; Minnesota Stand-
ard Policy, 114-116.
Quitclaim deed, 16-17; use of, 16;
form of, 16-17.
Railroad and Warehouse Commis-
sion, control of commission mer-
chants, 138-139; of common
carriers, 143.
Railroads, liability as to farm
animals, 47; as cominon carri-
ers, 142-144; cars furnished by,
143-144.
Real estate assessment, 81-82.
Real estate, purchasing, 12-18.
Rent, defined, 25.
Replevin, 145.
Report to Dairy and Food Com-
mission, of creamery associa-
tions, 112.
Revoking wills, 105.
Riparian rights, 60-61.
Road overseer, 70.
Road taxes, in towns, 70-71.
Roads, abutting on the farm,
55-56; right to grass and trees
on, 55; planting trees on, 55;
establishment and maintenance
of, 64-76; kinds, 64; state roads,
64-67; county, 67-69; issuing
bonds for improvement of,
68-69, 73-74; in two or more
counties or on county lines, 69;
establishment, alteration, etc.,
of town roads, 71-72; on town
168
INDEX
lines, 72; in new towns, 72-73;
cartways, 73; dedication of land
for, 73, 75; drainage of town
roads, 74; tunnels under, 75;
old, to be open two years, 75;
use of, 77-79.
Sales at auction, 140-141.
School board, powers and duties
of, 90-91; powers of, in con-
solidated districts, 94.
School districts, kinds, 88; form-
ing, 88; enlarging, 89; dissolv-
ing, 89.
School meetings, annual, 90; spec-
ial, 90.
Schools, 88-95; special state aid
to rural, 91-92; association of
rural, 92-93; consolidated, 93-
95.
Second choice votes in primary
elections, 99-100.
Seed grain contracts, 35; when
used, 35.
Seed law, 40-43; penalties for
violating, 41-42.
Serum, hog cholera, 50.
Service of stallions, etc., lien for,
51.
Settlement of estates of deceased
persons, where a will has been
made, 107.
Setting off land to an adjoining
school district, 89.
Shipping live stock, 144.
Shoeing, lien for, 50-51.
Shore rights, 60-61.
Short form, of warranty deed,
12-13, 14; of quitclaim deed,
16, 17; of will, 103.
Signature, in warranty deed, 15.
"Sixty-five mile" law, 37.
Slander, 146-147.
Special school meetings, 90.
Speed of motor vehicles, 77-78.
Spouse, surviving, as adminis-
trator, 106; share of, in estate,
108-109.
Stallions, lien for service of, 51.
State aid, to rural schools, 91-92;
to consolidated schools, 94-95.
State ditches, 61-63.
State Highway Commission, 64.
State road and bridge fund, 65-66.
State roads, 64-67; state aid for,
65-66; upkeep of, 66.
State-wide primarv election, 98-
100.
Statute, defined, 7.
Statute of Frauds, 10-11.
Stock in co-operative associations,
111-112.
Streams, as boundaries, 56; as
public highways, 61.
Subject matter of contracts, 10.
Surety, 130.
Surface waters, 61.
Surviving spouse, as administra-
tor, 106; descent of property
to. 108-109.
Tax Commission, 83.
Taxes, 80-87; mortgage registry,
22, 87; road, in towns, 70-71;
for the dragging fund, 71;
moneys and credits, 82, 87; de-
linquent, 85-87; inheritance, 87;
gross earnings, 87.
Taxing process, steps in, 80-87;
assessment, 80-82; equalization,
82-83; levy, 83-84; extending,
84-85; collection, 85; delinquent
taxes, 85-87; distribution, 87.
Tenant, covenants of, 25, 27, 29;
tenant "from year to year", 29;
eviction of, 30.
Tenure of lease, 29.
Theshers' lien, 35-36.
Timber, rights of tenant to, 30.
Title, defined, 12.
Tornado insurance, mutual, 119-
120.
Town board, may order trees or
hedges on roads cut down, 55;
to build culvert for owner of
land abutting on a road, 56;
as fence viewers, 57; and town
roads, 69-70; and cartways, 73.
INDEX
1G9
Town ditches, 61-63.
Town line roads, 72.
Town mutual insurance compan-
ies, 111, 117-119; certificate of
incorporation, 117-118; kinds of
property to be insured, 118;
how supported, 118-119.
Town road overseer, 70.
Town roads, 69-74; town boards
and, 69-70; establishment, alter-
ation, etc., of, 71-72; extra-
ordinary improvement of, 73-
74; drainage of, 74.
Town road taxes, 70-71.
Traction engines, 79.
Transportation of pupils, power
of the board to provide, 91; in
consolidated districts, 94.
Trees, on roads abutting on farms,
55; on boundary lines, 56.
Trespass, 34.
Tuberculous live stock, 48-49.
Tunnels under roads, 75; bridges
over, 75.
Underwriter, defined, 114.
Unnavigable streams, right to ice
in. 61.
Unwritten law, 7-8.
Use of roads, 77-79.
Voters, 96.
Wagers not contracts, 10.
Wages of minors, to whom paid,
32.
Warranty deed, 12-16; form, 13-
14; covenants, 13, 15; changes
in, after delivery, 15; husband
and wife joining in, 15.
Waters of the farm, 60-63; sur-
face waters, 61.
Weeds, 44-45 ; method of enforcing
the law, 44-45.
Wills and administration, 103-1 10.
Wills, who may make, 103; form
of, 103-104; attestation of, 104;
how revoked, 105; settlement
of estate according to provisions
of, 107; children not benefiting
under, 107.
Witnessess, competent, for valid
will, 104-105.
Written law, 7.
I Rural Education |
I A. E. PICKARD I
1 AN AID TO PRODUCTIVE TEACHING |
m FOR NORMAL CLASSES, READING CIR- M
1 CLES, COUNTY SUPERINTENDENTS and ^
i RURAL TEACHERS 1
J Adopted in Several States and Many Counties =
= Industrial subjects are disputing place with academic =
M even in the rural school. What shall be eliminated? What M
M shall be taught? How? With what result? p
I Rural Education Tells What to Teach 1
^ Aside from the excellent arrangement of the program of M
p academic subjects and the full treatment of methods for ^
p teaching the same, Rural F.ducation presents practical plans M
^ for including the required industrial work, viz: agriculture, M
M manual training and domestic science. In addition it fully =
M discusses the outside activities which enlarge the scope of the M
= school and the community life and form a vital part of real =
^ rural education. ^
I Rural Education Tells How to Teach J
M The co-ordination and arrangement of all these con- =
M flicting courses is a problem which this book solves with M
^ satisfaction and success. Complete instruction is given for ^
p the carrying out of the plans suggested and for the teaching =
= of each subject in detail. In the industrial subjects the actual p
m work to be pursued is supplied. p
I Rural Education Increases Teaching Efficiency M
^ The definite outlines and methods which have been M
^ thoroly tested and found to be most successful, together with ^
= the enlarged outlook and inspiration which come with a view p
^ of new and greater possibilities, tend to increase efficiency in p
p the schoolroom and to direct and elevate all rural life. =
M 12mo., 430 pages. Illustrated. Price, $1.00 net M
i WEBB PUBLISHING COMPANY, |
^ SAINT PAUL. MINN. M
illlllllllllllllllillllllllllllllllllllJIIilllllllillllli^
I Industrial Work A^ Boys |
A. E. PICKARD
A COMPANION VOLUME TO
"INDUSTRIAL WORK FOR GIRLS"
This volume is in keeping with the rapid strides that are
being made by industrial education. It is an up-to-date text
for teaching industrial work to boys in rural and graded
schools. With the exception of its companion volume, no
other book is better designed for training the hand as well as
the head.
CONTENTS
Chapter I^Course and Equipment. Purpose of Industrial Work,
Preliminary Industrial Work, Second and Third Division Work.
Chapter II— General luduttrial Work. School Exercises in Weav-
ing, Paper Folding and Construction, Raffia and Rattan Work.
Modeling.
Chapter III^-Rope Work and Belt Lacing. Whipping, Crowning,
Splicing, Making Knots, Rope Halters, Block and Tackle Reev-
ing, Lacing Three-inch and Six-inch Belts.
Chapter IV— Woodwork at School. Equipment, Thirty-two Man-
ual Training Exercises.
Chapter V—Home Projects in Woodwork. Equipment, Nineteen
Home Credit Projects, including the Making of a Work Bench,
Folding Ironing Table, Stepladder, Chicken Coop, Stock Rack,
Wagon Box, Farm Gate and Road Drag.
Chapter Vl-^Projecta in Cement and Iron. Making Concrete
Walks, Floors, Posts and Building Blocks, Iron Work.
Chapter VII^Home Credit Work in Agriculture. Soil Study, Ro-
tation of Crops, Germination Tests, Garden Work, Weed Col-
lection, Insect Collection, Collection of Woods, Study of Birds
and Rodents, Study of Machinery, Stock and Grain Judging,
Tree Grafting, Strawberry Raising.
Chapter Vlll^Contetts and Club Work. Acre-yield Corn Plot,
Potato Yield Contest, Tomato Contest, Home Canning, Poultry
Contest, Pig Contest, Savings Banks, Keeping Accounts, In-
dustrial Exhibit.
The book contains over 100 illustrations, most of which
are working drawings for the projects suggested. These
diagrams alone are worth in school or at home many times
the price of the book.
12mo., about 150 pages. Illustrated. Price, 40 cents net
WEBB PUBLISHING COMPANY,
SAINT PAUL, MINN.
I INDUSTRIAL BOOKLETS I
m A. E. PICKARD I
m A BOOK ON BOOKLETS— TEACHING THE EXPRESSION =
= AND ILLUSTRATION OF INDUSTRIAL SUBJECTS THRU =
M COMPOSITION AND ART =
= Suitable for Grade Work in All Kinds of Schools ^
^ This book on booklets contains a series of outlines on Agriculture, p
= Horticulture, Animal Husbandry, Home Economics, and other subjects. =
= One topic — Poultry — is thoroly developed as an example of the way in =
= which the work should be done. ^
= The making of the booklets is a part of the language work. The ^
i= character of the subjects and the interest taken in their study vitalize =
= the school life by supplying a wealth of pleasing material for discussion ^
= and composition. Different important results are secured by the use =
= of these outlines. =
^ This investigational method of study is the most practical and =
= pedagogical. =
^ Topics of vital interest are impressed with their bearing on modern ^
= activities of general concern, and pupils, under proper direction, ac- =
^ quire the habit of orderly and effective expression. The general char- =
= acter of the school work is elevated to a new plane. =
= 12 mo., 144 pages. Illustrated. Price 40 cents net =
M Webb Publishing Co. Saint Paul, Minn. ^
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I Rural School Lunch |
i NELLIE WING FARNSWORTH 1
= DIRECTOR OK HOME ECONOMICS ^
= STATE NORMAL SCHOOL, VALLEY CITY, N. D. =
m A TIMELY TREATMENT OF THIS TOPIC M
M FULL OF PRACTICAL VALUE FOR TEACHERS m
^ As a help to convenience, comfort, health, vigor of mind, education ^
= and culture, this little booklet brings its offering in the hope and belief =
= that it may have a part in securing better conditions for multitudes who =
= need and deserve them. ^
S TOPICS TREATED BY THE AUTHOR ^
S Need of the School Lunch Advantages of the Lunch ^
S Necessary Equipment Teachers' Special Problems ^
= Methods of Maintenance Food Study =
= Suitable Dishes Composition of Food Stuff s =
= Management Recipes =
= Full details are given for the installation and conduct of the rural =
= school lunch. By means of the tables and directions a teacher can =
= easily work out the whole problem of not only the one dish but of a =
= whole meal and of child nutrition in general. The plans embody the =
= extensive experience of the author. =
^ Price in paper covers, illustrated, 25 cents. =
i Webb Publishing Co. Saint Paul, Minn. 1
STANDARD BOOKS FOR FARMS
AND FARM SCHOOLS
We can supply any book published on General Farming,
Gardening, Dairy, Live Stock, Horticulture, Forestry, Soils,
Poultry, Bees, etc. All inquiries and orders for Farm Books will
receive prompt attention.
Beginnings
Animal
Husbandry
Beginnings in Animal Husbandry
By Prof. C. S. Plumb, of the Ohio State Univer-
sity College of Agriculture. Author of "Types
and Breeds," etc. It teaches in a very interest-
ing way what every farmer and farm boy ought
to know about types and breeds, judging, breed-
ing, feeding and care of farm animals and poul-
try. No book like it has ever been published.
393 pages; 216 illustrations. Cloth bound, $1.26;
postage 12c extra.
FipM frnnc A new standard book by A.
1 ICIU VI Up^ J) Wilson, Minn. College of
Agr., and C. W. Warburton, U. S. Dept. of Agr.,
on the best methods of growing, harvesting and
marketing farm crops; seed selection; fertilizers;
cost of production; rotations; and weeds.
Handsomely bound; 544 pages; 160 illustrations.
A practical book by practical men. Cloth bound,
$1.50; postage 17c extra.
A clear,
non - tech-
nical discussion, by Profs. A. R. Whitson and
H. L. Walster, of the Wis. College of Agr., pre-
&;enting the foundation principles of soil manage-
ment. It tells clearly how to make simple tests
of soils to discover their needs; how to fertilize,
till, and otherwise handle different types of soil,
as sandy, marsh and clay soil. It will answer
your perplexing soil questions. 315 pages; well
illustrated; nicely bound. Cloth, $1.26; postage 12c extra.
SOILS
SOIL rEjminy
Soils and Soil Fertility
Make all Remittances by Postoffice or Express Orders, or
New York, Chicago, or St. Paul Drafts.
Webb Publishing Co., St. Paul, Minn,
AGRICULTURAL
ENG INEER ING
OAVIDSON
Agricultural Engineering D^avia-
son, Iowa State College of Agriculture. A com-
plete and practical handy manual text book of
all engineering problems of the farm, including
land surveying, drainage, irrigation roads, farm
machinery and farm motors, farm buildings,
and sanitation. It will be the most effective
aid in farm management; 544 pages; over 300
illustrations; a handsome book. Cloth $1.50;
postage 15c extra.
Popular Fruit Growing i^^^^^X,
Green, Minn. College of Agri. A very popular
treatise on horticultural methods and practices.
Gives principles of successful orchard manage-
ment and small fruit culture, fruits adapted to
each state, how to ward off insects and diseases,
harvesting and marketing methods. A standard
text in many schools. 300 pages; profusely il-
lustrated. Cloth, $1.00; postage 12c extra.
Vegetable Gardening i^fe^ ?;S:^™f
Horticulture, Minn. College of Agri. A handy
manual on the growing of all kinds of vegetables
for home use and for the market. It is used as a
practical school text book and is indispensable to
farmers and gardeners everywhere. 122 il-
lustrations; 252 pages. Twelfth edition. Cloth
$1.00. Paper cover, 50 cts. Postpaid.
Agriculture for Young Folks
By A. D. Wilson, Supt. of Farmers' Institutes ^
and Agricultural Extension, University of Minn.,
and E. A. Wilson. This is the most practical
elementary agricultural text book for rural and
graded schools ever published. It presents the
elementary principles of agriculture through les-
sons based on practical farm problems. 340
pages; well illustrated; cloth bound. Price $1.00.
By mail 10 cents extra.
St-
Webb Publishing Co., St. Paul, Minn.
Silos
(oNSiRwrwN'i- Service
J T'^ i '^]^^;]^^^
Silos: Construction and Service
By M. L. King, formerly Silo Investigation
Expert, Iowa State College. A popular treat-
ment for the intending silo builder, giving the
principles of silo construction, the advantages
and disadvantages of each type^ but more
particularly the actual methods of construc-
tion and management. Well illustrated. Cloth
bound. 50 cts. postpaid.
The Country Kitchen ^^Sdl
recipes, all contributed by farmers' wives and
daughters, readers of The Farmer. This is a
choice collection of over 900 of the best recipes
which have been received. It has been printed
in many editions, and is today the most popular
book of its class published. It is sure to prove
a most helpful servant in your kitchen. Cloth
boimd, 50 cents. Paper covers, 25 cts. Postpaid.
Weeds and How to Eradicate
Thpm ^^ Prof. Thomas Shaw, author of nu-
I llCllI uierous agricultural works. In this book
simple but practical means of distinguishing
different weeds are taught, the manner of growth
of each explained, and the best methods for their
eradication and control advised. 208 pages; il-
lustrated. Cloth bound, 50 cts. Paper cover, 25
cents. Postpaid.
Quack Grass Eradication ^J^^;^
practical farmer who has worked out a system of
soil treatment which results in a permanent de-
struction of quack grass. It is not necessary to
lose a crop by this method, nor are expensive
tools needed. The principles involved are plainly
stated and the process itself in not complex.
This book should be in the hands of every farm-
er on whose farm quack grass is spreading.
Cloth bound, $1.00. Postpaid.
^
Webb Publishing Co., St. Paul, Minn,
y vf- ^—g"
AcoMPtrrccuioi.-
Evergreens and How to Grow
Thf^m ^^ ^* ^* Harrison. The practical
1 11 cm yq\xiq of evergreens for windbreaks
and sbelterbel cs and for ornamental purposes
makes this book of value to every farmer of
the United States. Evergreens are not hard
to grow, but unless certain details are looked
after, failure is likely. Mr. Harrison tells very
plainly, from his extensive experience, the
correct treatment to follow. Varieties illus-
trated. 100 pages. Paper cover, 26c. Postpaid.
DiiIac Cki nt*/lAt* *^d Civil Government.
KUICd UI VrUCI luustrated and made
plain. Everyone, at some time or other, is hkely
to require some knowledge of rules of order. But
few are willing to take the time or trouble to
master all the fine points. This book puts the
rules in so simple and brief a manner that all the
knowledge that one needs to know for the con-
duct of the average meeting is easily grasped.
The fundamentals of Civil Governnient are also
made exceedingly plain. Handy size; 110 pages;
Cloth bound, 50c. Postpaid.
The Gold Mine in the Front
Yflrd ^y ^' ^" Harrison. This is an ex-
I al U tremely interestmg book describing
the improvement of the home grounds. Mr.
Harrison is a well-known floriculturist, who
tells m a very interesting style of the varieties
of flowers and vines to grow, how to grow
them, and their proper arrangement for the
best effect. A delightful book for flower lov-
ers. 280 pages; illustrated^ Cloth bound,
$1.00. Postpaid.
Farm BlacJcsmithing. l\ ,J°^°
Minnesota School of Agriculture. A book
of directions and suggestions in forge and
repair work, for the farm workshop. With
this book an inexperienced person soon
learns to work with iron and steel to excel-
lent advantage and profit. Many illustra-
tions. 100 pp. Cloth, 50 cts. postpaid.
illustrated.
Webb Publishing Co., St. Paul, Minn.
ID b^iH^./!
498958
UNIVERSITY OF CAUFORNIA LIBRARY