may be provided in any contract made and entered into under the provisions of this act, the city shall levy and collect annually a specific tax on all property within the city and liable to. taxation of not less than five cents on each one hundred dollars worth of property as valued for taxable purposes.

[Acts 1915, p. 41. In force April 26, 1915.]

8861e1. Art associations, aid by first class cities.-1. That in any city having more than one hundred thousand inhabitants according to the last preceding United States census wherein there now is or hereafter shall be an art association which is incorporated under the laws of the State of Indiana without stock and without purpose of gain to its members, but organized for the purpose of maintaining a permanent art gallery in said city and encouraging and promoting education in the fine and industrial arts and which owns buildings, grounds, works of art and other proper equipment for the study of art in said city, it shall be the duty of the school city of such city and of the board of school commissioners of such city, if any, to pay such art association annually in quarterly instalments a sum equal to onequarter of one cent on each one hundred dollars of the taxables of said city as valued on the tax duplicate for the next year before the date of each such payment Provided Such art association has, by proper resolution, adopted by its board of directors or other governing body, accepted all the provisions of this act and filed a certified copy of such resolution with said school city or board of school commissioners of said city prior to the date of any such payment.

8861f1. School officers board of visitors.-2. No such art association shall be entitled to receive any of the payments so hereinabove provided for until it, by a proper resolution adopted by its board of directors or other governing body, shall have tendered to said school city, or board of school commissioners (1) the right to appoint the superintendent of the common schools of said school city and the director of art instruction of said school city, if any such there be, as visitors having the privilege of attending all meetings of the board of directors or other governing body of said art association to the end that they may be advised as to the work done and proposed to be done by said association; (2) the right to nominate for membership in such board of directors or other governing body persons of whom at least two shall be elected; (3) the right of free admission for all school children and teachers of said school city to its museum and galleries and to not fewer than fifty lectures annually on the fine and applied arts; (4) the right to use at all reasonable times and in all reasonable ways the association's plant, equipment and facilities for

education in art, consistently with their use by such association and in connection therewith the right to use at all reasonable times and in all reasonable ways, under the association's direction, its executive and teaching staffs consistently with their established duties to the association; (5) normal instruction in the fine and applied arts which at half the regular rates charged by said association for like instruction may be availed of by all teachers under the jurisdiction and employment of said school city or board of school commissioners; (6) the loan to such school city or board of school commissioners from the association's collection and equipment of suitable and available works af art, reproductions and photographs for temporary exhibitions in the city's schools to aid and supplement the teaching in such schools; (7) and such exhibitions in its museums as will supplement and illustrate the work of the school children and teachers under the authority and jurisdiction of said school city or board of school commissioners. A copy of said resolution duly certified by the president and secretary of the said art association shall be filed in the office of the school city or of the board of school commissioners as a condition precedent to the receipt by the association of any such payments. 8861g1. Acceptance of provisions.-3. In any city such as is designated in the first section of this act, wherein there now is or hereafter shall be an art association which is incorporated and organized in the manner and for the purpose stated in the first section of this act, and which owns buildings, grounds, works of art or other proper equipment for the study of art in said city, it shall be the duty of the said city to pay such art association annually in quarterly instalments a sum equal to one-quarter of one cent on each one hundred dollars of taxables of said city as valued on the tax duplicate of said city for the year next before the date of each such payment provided such art association has, by a proper resolution adopted by its board of directors or other governing body, accepted all the provisions of this act and filed a certified copy of said resolution with the comptroller of said city prior to the date of any such payment.

8861h1. Mayor and comptroller to attend meetings.-4. No such art association shall be entitled to receive any of the payments provided for in section 3 until such art assocciation, by a proper resolution adopted by its board of directors or other governing body, shall have granted to the mayor and the comptroller of said city the right to attend all the meetings of the board of directors or other governing body of said art association to the end that the said city may at all times be advised as to the work done and proposed to be done by said art association and the right to nominate for membership in such board of directors or other managing body persons of whom at least

two shall be elected; and, as further consideration for the benefits to be received from said city by reason of such payments, shall have granted to all the inhabitants of said city the right to be admitted free to its museum and art galleries each Saturday and Sunday during the usual hours. A copy of such resolution duly certified by the president and secretary of the art association shall be filed with the comptroller of said city as a condition precedent to the receipt by the association of any such payments.

8861i1. Resolutions in force.-5. After any such art association shall have once filed respectively with the school city or the board of school commissioners and with the city comptroller the resolution hereinabove provided for, it shall not be required to renew the same from year to year but each such original resolution shall continue and remain in force for the purposes named until by like resolution likewise certified and filed any such original resolution shall be revoked or rescinded.

8861j1. Agreement in force.-6. So long as any such art association shall do and perform all and singular the things by it so agreed to be performed as considerations for the benefits to be received by it under this act, or shall continue to be able, willing and ready to perform the same, it shall be entitled to receive the said several payments herein provided for.

8861k1. One association to participate, how chosen.-7. If at any time it shall transpire that in any city such as is designated in the first section of this act more than one art association such as is designated in that section shall have qualified as hereinbefore required to perform the several public services in this act mentioned nevertheless the moneys in this act authorized and directed to be paid by said city and by said school city shall be paid to but one of such associations. In such event the particular association to which said moneys shall be paid shall be the one selected by both the mayor of said city and hy the managing body of said school city by formal corporate action, as the association best qualified and equipped to perform and render said several public services. Nothing in this act shall be construed as limiting the power of the general assembly to repeal this act at any time.

[Acts July special session 1920, p. 54. In force July 23, 1920.] 886111. Grand Army encampment, appropriation by city of first class.-1. Any city of the first class which may have been or may be selected as the location of any national encampment of the Grand Army of the Republic, may appropriate any sum not in excess of thirty thousand dollars ($30,000.00) to be used in aiding in preparing for such an encampment and in the reception, housing and entertainment of

such honorably discharged Union soldiers, sailors and marines who may have served in the civil war as may attend such an encampment as delegates or otherwise.

8861m1. Appropriation by common council.-2. Such appropriation of money shall be made by an ordinance passed by the common council of any such city and approved as other appropriation ordinances are passed and approved.

8861n1. Payment of appropriation by city treasurer.-3. Such money so appropriated shall be paid by the city treasurer upon the order of the city controller, which order shall be issued only upon vouchers signed by such person or committee as may be designated by the common council to supervise the expenditure of such money and by the mayor of such city.

Section 4 of the above act provides for its immediate taking effect. 29. ELEVATING RAILROAD TRACKS.

SEC.

8864. Cities of 100,000, track elevation or depression.

8867.

8873.

8864.

Allotment of work, inspectors,
engineer, appeal.

Cities of 86,000 to 99,000, eleva-
tion or depression.

SEC.

8873a. Title of act amended.

8882a. Railroad track, elevation in cities of 45,000 to 58,000.

8882h. Inspection, change of plans, settlements.

Cities of 100,000, track elevation or depression.

The statute providing for the elimination of grade crossings of streets and railroad tracks in cities of the first class is reviewed and held to be constitutional, and the proper manner for property owners to obtain compensation for property taken or damaged is pointed out. Morris v. City of Indianapolis, 177 Ind. 369, 94 N. E. 705; City of Indianapolis v. Indianapolis Light etc. Co., 177 Ind. 396, 95 N. E. 246; Sinker-Davis Co. v. City of Indianapolis, 177 Ind. 417, 94 N. E. 886. 8867. Allotment of work, inspectors, engineer, appeal.

The judgment of a superior court sitting in review of a case appealed to it in accordance with this section from a resolution of the city board for elevation of railroad tracks, was held not appealable. Cincinnati, I. & W. R. Co. v. Board of Public Works of City of Indianapolis, 187 Ind. 235, 118 N. E. 957.

[Acts 1921, p. 869. In force March 11, 1921.]

8873. Cities of 86,000 to 99,000, elevation or depression.-1. Upon petition therefor, or upon its own initiative, the board of public works of any city having a population of not less than eighty-six thousand nor more than ninety-nine thousand according to the last preceding United States census, may and such board is hereby given the power to adopt a resolution for the alteration of any grade crossing or crossings at the intersection of any steam railroad track or tracks with any street or highway in said city, and the approaches thereto, by requiring the elevation or depression of the steam railroad track or tracks at

such intersection or intersections, and in such resolution shall provide in general the change in the grade of such street or highway, and the amount in feet of the clearance at such intersection between the surface of such street or highway as proposed by such new grade, and the bottom of the superstructure work over such highway or highways. Upon the adoption of such resolution said board shall serve a copy of the same upon some resident officer or agent of the railroad company or companies, whose track or tracks will be affected or changed by the proposed change in the grade of the street, which notice shall name a time not less than ten days after service of such notice when such railroad company or companies may appear and file remonstrances as to such proposed change of grade or amount of clearance, and the board shall thereupon approve, change or modify the resolution so adopted, and the action of the board in so doing shall be final and conclusive, subject to the approval of the common council of such city.

This section amends section 8873 Revision of 1914.

8873a. Title of act amended.—2. The title of the above entitled act approved March 12, 1907 [,] is hereby amended to read as follows: An act providing for the changing of the grades of streets and highways in cities having a population of not less than eighty-six thousand and not more than ninety-nine thousand, at the intersection of such streets and highways with steam railroad tracks, and for the depression or elevation of such railroad tracks at such places, authorizing the widening of such streets and highways in connection with such elevation or depression, providing for the payment of the cost of such improvement by steam railroad and street railroad companies and cities.

This section amends section 8873a Revision of 1914.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1921, p. 417. In force March 10, 1921.] 8882a. Railroad tracks, elevation in cities of 70,000 to 85,000.-1. Be it enacted by the general assembly of the State of Indiana, That section 1 of an act entitled, to-wit; "An act providing for the changing of the grades of streets and highways in cities having a population of not less than forty-five thousand nor more than fifty-eight thousand, at the intersection of such streets and highways with steam railroad tracks, and for the depression or elevation of such railroad tracks, at such places, authorizing the widening of such streets and highways in connection with such elevation or depression, providing for the payment of the cost of such improvement by steam railroad and street railroad companies and cities, and declaring an emergency,"