Salary. tive officer of said department shall be appointed by the Governor, with the advice and consent of the Senate, and shall be known as the Commissioner of Agriculture of the state of Michigan. Said commissioner shall receive an annual salary Assistants, etc. of five thousand dollars. He may appoint such assistants and employes as may be necessary to perform the duties hereby imposed, the number of such assistants and employes, and the compensation payable to all persons so appointed and employed, being subject to the approval of the State Administrative Board. The salaries of all officers and employes hereby authorized, and the necessary expenses thereof while traveling in performing any of their duties, shall be paid in the same manner as the salaries and expenses of other state officers and employes are paid. The Board of Auditors shall provide suitable offices at Lansing and proper office equipment for the use of said department. Salaries. Offices. Powers and duties. Departments, SEC. 2. The State Department of Agriculture shall exercise the powers and perform the duties now vested by law in the Department of Animal Industry, the State Food and Drug Commissioner, the State Veterinary Board, the Immigration Commission, the Commissioner of Immigration, and the Market Director. The departments, boards, commissions etc., abolished. and officers whose powers and duties are hereby transferred to the State Department of Agriculture shall be abolished as of Records, etc., the thirtieth day of June, nineteen hundred twenty-one. All records, files and papers of any nature whatsoever pertaining to the functions thereof shall be turned over to the department hereby created. Any hearing or other proceeding pending before any board or officer whose tenure is so terminated shall not be abated, but shall be deemed to be transferred to the State Department of Agriculture and shall be carried on and determined by the Commissioner of Agriculture in accordance with the provisions of the law governing such hearing or proceeding. turned over. Additional powers, etc. SEC. 3. In addition to the foregoing powers and duties there is transferred to the State Department of Agriculture, and vested therein, the powers and duties of the State Board of Agriculture with reference to the inspection and regulation of orchards, vineyards and nurseries, the inspection and regulation of apiaries, the testing of agricultural seeds, the analysis of commercial fertilizers, the testing and examination of insecticides, and the analysis and testing of commercial stock foods, and the investigation and improvement of marketing conditions as now provided by law, and the said board is hereby relieved of each and all said powers and Certain offices duties. The offices of State Inspector of Orchards and Nurseries, and Inspector of Apiaries are abolished, and powers and duties pertaining thereto are likewise transferred to and vested in the State Department of Agriculture. All records and files pertaining to either of said offices, or to any other of the powers and duties hereby transferred, shall become a part of the records and files of the State Depart abolished. transferred. ment of Agriculture and shall be preserved accordingly. All Certain duties duties of the Secretary of State now imposed by law with reference to the collection and publication of statistics relating to agriculture and agricultural interests within the state, shall likewise be transferred to and vested in the State Department of Agriculture, and all records and data on file. shall be delivered thereto by the Secretary of State, who is hereby relieved from further performance of said duties. etc., to super fair author managers. SEC. 4. The control of all lands and other property that Land for fairs, now is, or hereafter may be, vested in the state of Michigan, vise, etc. or in the people of said state, for the purpose of holding and conducting agricultural and industrial fairs, and for other agricultural purposes, is hereby placed in the State Department of Agriculture. The State Department of Agriculture is May accept authorized to accept, on behalf of the state, grants and con- grants, etc. veyances of property for such purposes or for any other purpose within the scope of this act, and to consent to such conditions affecting the use thereof as may be agreed upon. All grants and conveyances shall be taken in the name of the people of the state of Michigan. An annual state fair, at the Annual state city of Detroit which shall have for its main purpose the ized. exploiting and encouragement of improved methods in agricultural pursuits, is hereby authorized. The arrangements for Conduct of, by such fairs and the actual conducting thereof shall be under board of the immediate charge of a Board of Managers of State Fairs which board shall consist of twenty members to be appointed by the Governor and confirmed by the senate. Five members of How said board shall be appointed for one year, five members for appointed. two years, five members for three years, five members for four years. The Commissioner of Agriculture shall act as chair- Commissioner man of said board. Said board of managers may adopt rules to be chairand regulations governing its organization and procedure. The proceeds of the state fair, and all other moneys which Proceeds. come into the possession of the State Department of Agriculture under the provisions of this section, shall be and remain a perpetual revolving fund out of which necessary and proper expenses for the conducting of said fair shall be paid. Each Per diem of member of the Board of Managers, other than the Commis- members. sioner of Agriculture, shall be entitled to ten dollars per day for each day actually expended by him in attending meetings of the Board of Managers or for work actually performed in connection with said fair; and the members of the board shall also be entitled to their actual and necessary expenses while incurred in carrying out the provisions hereof, such compensation and expenses to be paid from the revolving fund hereby created. Whenever in the opinion of the State Ad- Surplus funds, ministrative Board the moneys in such fund exceed the disposition of. amount reasonably required for the purposes hereof, the surplus shall, on order of said board, be transferred to the general fund of the state. Said board shall also possess the Powers, etc., powers and duties now vested by law in the Michigan Agricultural Fair Commission, which is hereby abolished; and man. transferred. To promote agricultural shall before the first of December of each year make full and detailed report to the Governor of all its activities, receipts and disbursements. SEC. 5. It shall be the duty of the State Department of interests, etc. Agriculture to foster and promote in every possible way the agricultural interests of the state of Michigan; to co-operate with agricultural agencies in the different counties of the state and of the federal government; to foster direct trading between the producer and consumer; and to prevent, and assist in preventing, by all available means authorized by law, the sale of unimproved lands and lands not suitable for agricultural development within the state by fraud, misrepresentation or deceit and the publication of false or misleading statements or advertising matter designed to effect such sales. All of the powers and duties imposed by this act on the State Department of Agriculture shall be exercised and performed under the supervisory control of the State Administrative Board. Immediately prior to the opening of each regular session of the legislature the Commissioner of Agriculture shall prepare and submit to the Governor and legislature his report covering all of the activities of his departDistribution, ment for the preceding biennial period. Such report may be printed by the Board of State Auditors and be distributed to such persons, organizations and public officials as the Board of State Auditors may direct. Supervisory control. Report. etc. When act effective. SEC. 6. This act, other than sections one and four, shall be in force and effect on and after the first day of July, nineteen hundred twenty-one. All acts and parts of acts in any way contravening the provisions of this act shall be deemed to be superseded and repealed as of said date. SEC. 7. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety. This act is ordered to take immediate effect. [No. 14.] AN ACT to give additional protection to wild birds and animals and game within the state of Michigan, prohibiting the hunting for or capture or killing of such wild birds, or animals, or game, by unnaturalized foreign-born residents, forbidding the ownership or possession of shotgun, or rifle, or pistol, or firearms of any kind, by any unnaturalized foreign-born resident, within the state, and prescribing penalties for violation of its provisions. The People of the State of Michigan enact: certain persons SECTION 1. That from and after the passage of this act it Unlawful for shall be unlawful for any unnaturalized foreign-born resident to hunt, etc. to hunt for or capture or kill in this state any wild bird or animals, either game or otherwise, of any description, excepting in defense of person or property; and to that end it Not to own, shall be unlawful for any unnaturalized foreign-born resi- etc., firearms. dent within this state to either own or be possessed of a shotgun, or rifle of any make, or a pistol, or firearms of any kind. Each and every person violating any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not to exceed one hundred dollars for each offense, or be imprisoned in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court: Provided, That in addition to the Proviso, forbefore named penalty, all guns or firearms of the beforementioned kind, found in possession or under control of an unnaturalized foreign-born resident shall, upon conviction of such person, be declared forfeited to the state of Michigan, and shall be sold by the State Game Commissioner as hereinafter directed. feiture. SEC. 2. For the purposes of this act, any unnaturalizel Who conforeign-born person who shall reside or live within the bound-resident. aries of the state of Michigan for ten consecutive days shall be considered a resident, and shall be liable to the penalties imposed for violation of the provisions of this act. what con of. SEC. 3. That the possession of a shotgun, or rifle, or pistol, Violation, or firearm of any kind, at any place outside of buildings sidered proof within this state by an unnaturalized foreign-born resident, shall be conclusive proof of a violation of the provision of section one of this act, and shall render any person convicted thereof liable to the penalty as fixed by said section. SEC. 4. That the presence of a shotgun, or rifle, or pistol, Idem. or firearm of any kind, in a room, or house, or building, or tent, or camp, of any description within this state, occupied or controlled by an unnaturalized foreign-born resident, shall be prima facie evidence that such firearms are owned or controlled by the person occupying or controlling the property Notice of seizure, to whom made. Disposal of firearms seized. Arrests, who may make. May arrest on Sunday. in which such firearms are found, and shall render such person liable to the penalty imposed by section one of this act. SEC. 5. That notice of the seizure of all guns made for violation of any provision of section one of this act shall be sent to the State Game Commissioner at Lansing, by the officer making such seizure, immediately after the final ver diet in any prosecution brought for violation of said provisions; and the gun so seized shall be sold at the discretion of the State Game Commissioner, and the proceeds arising from said sale, if any, shall be paid to the State Treasurer, for the use of the state. SEC. 6. That all duly appointed sworn officers of the state game department of this state, and all constables, police officers, members of the State Police, forestry wardens, and all the peace officers of the state, shall have the right, and it is hereby made their duty, to arrest, without warrant, any person whom they have good reason to suspect as belonging to the class of unnaturalized foreign-born residents, when they find such person with a gun, or firearms, of the before-mentioned kind in possession within the state of Michigan. Such arrests may also be made upon Sunday, in which case the person or persons so arrested, for safe-keeping may be committed to the jail or lock-up for that day; but shall be taken before the proper magistrate and proceeded against on a week day following the arrest, and any or either of such of ficers shall have the right and power where they suspect the concealment by unnaturalized foreign-born resident, of guns, or firearms, of the before-mentioned kind, to apply to any court having jurisdiction of the offense within the state, who upon receipt of proof made by affidavit of the probable cause for believing in such concealment, shall issue a search Buildings, etc., warrant and cause a search to be made in any place; and may enter, etc. to that end the said officer shall have the power, after demand and refusal, to cause any building, room, inclosure, or car, to be broken open and entered, and any closet, chest, locker, box, or package, or other receptacle, to be opened and the contents examined by said officer. Actions, how commenced, etc. Warrant to issue. SEC. 7. Each and every magistrate and justice of the peace of this state shall have jurisdiction over the violation of any provisions of this act; and all actions for violation of any provisions hereinbefore mentioned, excepting where the defendant is taken in the act, or pursuant immediately following the act, shall be commenced by complaint made and warrant issued within one year from the time of such violation. Each and every magistrate and justice of the peace, on complaint made before him, on affidavit of any person, of a violation of the provisions of this act by any person, is herewith authorized and required to issue his warrant, under his hand and official seal, directed to any constable, police officer, game protector, or any other officer of the state known as a police officer and authorized to serve warrants, and cause such person to be brought before such magistrate, or justice of the peace, who |