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court.

Hearing.

the United States district court presiding over the court in the judicial division in which the community seeking incorporation is located, which petition shall be signed by at least sixty male adults, bona fide residents of such community, and shall specify the boundaries and the number of inhabitants of the proposed corporation, and shall also specify the name by which it is to be known, and such other facts as may tend to show good grounds for such inOrder of the corporation. The judge shall thereupon, by an order, fix the time and place for considering said petition, which time shall not be less than thirty days after the date of such order. A printed or typewritten copy of said order shall be posted in three of the most public places within the limits of the territory proposed to be incorporated at least thirty days prior to the time fixed for considering said petition. At the time and place fixed for considering said petition the judge shall give a reasonable hearing to those who are in favor of and to those who are opposed to the same; and if he is satisfied that it is for the best interest and welfare of the community to be incorporated as a town he shall, by an order, so adjudge; and he may, by the order, change or modify the proposed boundaries. He shall also, by said order, designate the name and the boundaries of the corporation, and the time and place when and where an election shall be held to determine whether the people of the community desire to be incorporated; and he shall also, by said order, appoint three Notice of qualified voters to act as judges of such election. A printed or typewritten copy of said order shall be posted at three of the most public places within the limit of the proposed corporation at least thirty days prior to the day of election, and such posting shall be deemed a sufficient notice of such election.

Election.

election.

Qualified

voters.

Ballot.

election.

SEC. 2. That every male person twenty-one years of age who is a citizen of the United States or has declared his intention to become such, and who has resided continuously one year next preceding the election in the district. of Alaska, and six months next preceding the election within the limits of the proposed corporation, shall be qualified to vote at said or any subsequent municipal election. Said election shall be by printed or written ballot in the following form, to wit:

or

"FOR INCORPORATION OF THE TOWN OF

(name of proposed corporation),"

"AGAINST INCORPORATION OF THE TOWN OF

(name of proposed corporation)."

Judges of The qualified electors of the community proposed to be incorporated may also at said election by a separate ballot

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choose a common council of seven members who shall be

Certificate of

to

qualified electors of the community. The said judges of election shall before entering upon the duties of their office take an oath in writing to faithfully and impartially discharge the duties of their trust, and they shall duly canvass and compile the vote cast and issue under their hands and seals a certificate in triplicate showing votes cast the number of votes cast in favor of incorporation and the be in triplicate. number of votes cast against incorporation. One of said triplicate certificates, together with all the ballots cast and the oaths of the judges of elections, shall immediately be filed with the clerk of the district court in the division in which the community proposed to be incorporated is situate, another of said certificates shall be filed with the secretary of the district of Alaska, and the third of said. certificates shall be filed with the commissioner of the precinct in which said community is located. If it shall appear from the said triplicate certificate of election filed Recording rewith the clerk of the district court as aforesaid that two- tion. thirds or more of the votes cast at said election were in favor of incorporation and that the provisions of law relating to incorporation have been substantially complied with then the district judge shall, by an order in writing entered in the records of the court, duly adjudge and declare that the community in which such election has been held is, and shall be deemed to be, a municipal corporation under the name of "The town of (here insert name) in the district of Alaska," and the same shall from thenceforth be deemed a municipal corporation possessed of the powers and privileges hereinafter prescribed, and such other powers as may be given by law.

sult of elec

Canvass votes.

of

SEC. 3. That the said judges of election shall also canvass the votes given at said election for members of the common council, and shall declare the seven candidates who have received the greatest number of votes for such office duly elected and shall issue and deliver to them certificates of their election. In case the community in which said election has been held becomes incorporated as aforesaid, the members of the common council chosen as aforesaid, as well as the members of such council chosen at subsequent elections, shall, before entering upon the duties of their office, severally take an oath in writing oath. to honestly and faithfully discharge the duties of their trust, which oaths shall be filed with the clerk of the town. An annual election shall be held each and every year, on the first Tuesday of April, in every incorporated town in the district of Alaska for the election of members of the common council. The members of the council chosen at the first election shall hold their office until the next annual election and until their successors are elected and qualified, and the members of the council chosen at subsequent elections shall hold their office for the term of one year and until their successors are elected and qualified.

Annual election.

Terms of councilmen.

Powers of

SEC. 4. That the said common council shall have and

town council- exercise the following powers:

men.

Rules, etc.

Officers.

Municipal, etc., elections.

Streets, etc.

Trails and wagon roads.

Fire protec

tion, water

First. To adopt rules and by-laws for their proceedings, and to elect one of their number president of the council, who shall also be ex officio mayor of the town and who when chosen shall continue to hold the position of president and ex officio mayor during the term for which the council was elected, and who shall take care that the ordinances and resolves of the council be faithfully executed.

Second. To appoint a clerk, a treasurer, an assessor, a municipal magistrate, a municipal attorney, a chief of police, and such other officials or employees as may be necessary, but none of such officers or employees shall be appointed for a longer term than one year.

Third. To make suitable provision for municipal and other elections, and to appoint three judges and two clerks of election for each polling place in the town.

Fourth. To provide for the location, construction, and maintenance of the necessary streets, alleys, crossings, sidewalks, sewers, and wharves. If such street, alley, sidewalk, or sewer, or parts thereof, is located and constructed upon the petition of the owners of two-thirds in value of the property abutting upon and affected by such improvement, then two-thirds of the cost of the same may, in the discretion of the council, be collected by the assessment and levy of a tax against the abutting property, and such tax shall be a lien upon the same and may

be collected as other real estate taxes are collected.

Fifth. To provide for the location and construction, for a limited distance and to a limited extent, of trails and wagon roads outside of the limits of the town, but leading to and from the same, where such roads and trails are necessary for promoting the welfare and prosperity of the town, but no money shall be expended for such purpose except upon the unanimous vote of the entire council unless the qualified voters of the town have at an annual election by ballot, by a two-thirds vote, voted in favor of such expenditure.

Sixth. To provide for fire protection, water supply, supply, etc. lights, wharfage, public health, and police protection, and the relief of the destitute and indigent.

Taxes.

Dog tax.

Seventh. To assess, levy, and collect a poll tax of not less than two dollars nor more than four dollars per year on all male residents over twenty-one and under fifty years of age who are not active members, serving without pay, of a volunteer fire company in the town. tax shall be a lien upon and may be collected from any real or personal property of the person against whom the tax is levied except wearing apparel and household furniture less than three hundred dollars in value.

Such

Eighth. To levy a tax of not more than two dollars per year upon each dog against the person who keeps the same, and to provide for the impounding or killing of

the dog in case the tax is not paid or in case the dog is vicious or dangerous to life or health.

Ninth. To assess, levy, and collect a general tax for school and municipal purposes, not to exceed two per centum of the assessed valuation, upon all real and personal property, and to declare the same a lien upon such property and to enforce the collection of such lien by foreclosure, levy, distress, and sale: Provided, however, That all property belonging to the municipality, all property used exclusively for religious, educational, and charitable purposes, and the household furniture of the head of a family or a householder not exceeding two hundred dollars in value, shall be exempt from such tax: Provided further, That the laws exempting certain property from levy and sale on execution shall not apply to said taxes or the collection of the same.

etc.

School tax.

Provisos.
Exemption.

Exception.

Tenth. To prohibit drunkenness, gambling, houses or Drunkenness, places of ill-fame, disorderly conduct, or conduct endangering the public peace, public health, or public safety, to define such offenses, and to prescribe the punishment therefor, but such punishment shall not exceed in any case a fine of one hundred dollars or imprisonment in the municipal jail not exceeding ninety days, or both, in the discretion of the court, together with the costs of prosecution. The costs of such imprisonment shall be borne by the municipality and not by the United States. All fines and costs imposed and collected for violation of municipal ordnances shall belong to the municipality and be paid over to its treasurer. The municipal magistrate shall have jurisdiction of all actions for violation of municipal ordinances, and appeals shall lie from his judgments to the district court in the same manner as appeals from the judgments of ex officio justices of the peace.

Eleventh. To make due provision for the maintenance of a municipal jail and to provide the same with a keeper.

Twelfth. To establish one or more school districts, to provide the same with suitable schoolhouses, and to provide the necessary funds for the maintenance of schools, but such school districts and schools, when established, shall be under the supervision and control of a school board of three members, consisting of a director, a treasurer, and a clerk, to be elected annually by the vote of all adults who are citizens of the United States or who have declared their intention to become such and who are residents of the school district. The members of said board shall hold their office for the term of one year and until their successors are elected and qualified, and they shall each, before entering upon the duties of their office, take an oath, in writing, to honestly and faithfully discharge the duties of their trust. All money available for school purposes, except for the construction and equipment of schoolhouses and the acquisition of sites for the same, shall be transferred to the treasurer of said board,

Jail, etc.

Schools, etc.

School

board.

Term.

bond.

shall be expended under the direction of said board, and the treasurer of said board shall be the custodian of said money, and he shall, before entering upon the duties Treasurer's of his office, give his bond, with sufficient sureties, to the school district, in such sum as the common council may direct and subject to its approval, but not less than twice the amount that may come into his hands as treasurer, conditioned that he will honestly and faithfully disburse and account for all money that may come into his hands Teachers. as such treasurer. The said board shall have the power to hire and employ the necessary teachers, to provide for heating and lighting the schoolhouse, and in general to do and perform everything necessary for the due maintenance of a proper school.

Sanitation.

Majority

vote.

Thirteenth. To take such action by ordinance, resolution, or otherwise, as may be necessary to protect and preserve the lives, the health, the safety, and the well-being of the people in the town and to publish all ordinances.

SEC. 5. That the common council may exercise their powers by ordinance or resolution, but no ordinance or resolution shall be valid unless adopted by a vote of four members of the council, at a meeting where not less than Bond issue, five members are present. The council shall have no authority to issue bonds or incur any bonded indebtedness, nor shall they have authority to incur a greater indebtedness or liability of any kind in any year than the current revenues of the municipality for that year.

etc.,

ited.

prohib

Duties of

clerk.

Treasurer.

Proviso.
Duties.

Assessor.

SEC. 6. That the clerk appointed by the council shall attend its meetings, keep a full record of all its proceedings and of all disbursements of public money, and he shall also file and duly keep all the records and public papers of the town, and he shall to all intents and purposes be deemed to be the clerk and bookkeeper of the town and shall officiate as such. The treasurer appointed by the council shall be the custodian of all the moneys of the town: Provided, That said treasurer shall pay over to the treasurer of the school district all moneys available for the maintenance of schools. He shall keep an itemized, full, and correct account of all moneys received and disbursed, and he shall pay out no money except upon an order signed by the ex officio mayor and countersigned by the clerk and specifying the object and purpose of the payment, and no such order shall be issued except upon vote of four members of the council at a meeting in which five members are present. He shall before entering upon the duties of his office give his bond to the town, with sufficient sureties to be approved by the council, in such sum as the council may direct, not less, however, than twice the amount of the public money that may come into his hands as treasurer during his term, which bond shall be conditioned that he will faithfully and honestly collect, keep, and disburse all the moneys belonging to the town, which bond shall be filed with and kept by the clerk of the town. The assessor appointed by the council

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