approved March 4th, 1911, be and the same is hereby amended to read as follows: Section 1. That upon petition therefor, or upon its own initiative, the board of public works of any city having a population of not less than seventy thousand nor more than eighty-five 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. Providing that all proceeding heretofore begun under said act shall be valid and legal and may be continued under this act as amended, the same as if such proceedings had been originally brought after this amendment.

This section amends section 8882a Revision of 1914.

The title to the above act does not indicate the date of the approval of the amended act but is shown in the amendment.

See section 8882h for sections 2, 3 and 4 of the above act.

8882h. Inspection, change of plans, settlements.-8. Said board of public works by its engineer, shall from time to time inspect the work and make, modify or change the manner and method of the same, but such change shall not call for any expenditure of any greater sum of money than is called for by the original plans and specifications, and if such additional expenditure of money is called for by such change or modification, then such additional sum shall be paid by said city, and said steam railroad company or companies by making such change in the manner of doing the work they are hereby required to perform, as they may be permitted to do by resolution of the board

of public works, but any additional cost or greater expenditure of money called for by such change or modification shall be borne by such railroad company or companies, and on the completion of the work, said city by its engineer shall inspect the same; the work of such elevation or depression where the same crosses a street or highway, including abutments at the sides of the street and supporting posts that may be allowed at the curb or center of the street, and the superstructure with reference to drainage and safety to the public use on such street shall be constructed according to the plans and specifications, and to the approval of the board of public works, and the city civil engineer; upon the completion of the work, or from time to time during its progress, upon petition of the city by its city attorney, or the steam railroad company or companies, charged with the work, or any part thereof, said board shall adjust equitable settlements as to the cost of such improvements between the parties interested therein in such manner that the total cost of such improvement as found by said board or court shall be apportioned between the parties as in this act provided, and as theretofore decided on by said board; and such adjustment shall be binding on said parties, unless any one aggrieved thereby shall within fifteen days after the entry of the order by the board therein, file his or its complaint in said court or superior court to revise such adjustment and the decree of such court therein shall be final; upon which settlement, the city comptroller shall draw his warrant or warrants upon the city treasurer in payment of its proportion of such cost, which may be drawn on the general funds of the city without a special appropriation being made therefor by the council; but said city council shall upon the estimate of the city comptroller provide by ordinance a proper levy of taxes for the raising of funds to meet and defray the city's share of the expense of such improvement, and for such purpose said city is authorized to levy a tax of not more than ten cents on each one hundred dollars of valuation in addition to the annual levy now authorized by law and all funds so raised shall be deposited in such depository or depositories as may be designated by a finance board consisting of the city treasurer, city comptroller and the mayor, and when so deposited all interest accruing and which may have accrued shall belong to the fund so raised, and the treasurer and his bondsmen shall be exempt from all liability thereon by reason of loss of any such funds from failure, bankruptcy, or any other act, of any such depository or depositories, to the extent of such funds in the hands of any such depository or depositories at the time of such failure or bankruptcy.

Said finance board shall from time to time require such bond of the depository or depositories as may be deemed sufficient with full power

to increase the amount of such bond or require additional securities at any time.

The railroad company or companies, including as well as the street railroad company or companies, shall upon such adjustment or decree pay their portion of such costs as directed thereby, or in default thereof, the same may be placed on the tax duplicate and collected as are special assessments and shall be carried out with the taxes for state, county, township, city, road, school and other purposes into one total.

This section amends section 8827h Revision of 1914.

Section 3 of the above act amends the title to affect cities from 70,000 to 85,000 instead of cities from 45,000 to 58,000.

Section 4 of the above act provides that the act be in force and effect from and after its passage.

See section 8882a for section 1 of the above act.

WHEREAS, Charles Warren Fairbanks, now deceased, who was most highly honored and esteemed as a friend, neighbor and citizen of Indianapolis, one of Indiana's most illustrious sons, who served his country with great ability and distinction as United States Senator from the State of Indiana, and as Vice-President of the United States, by his last will and testament, which was duly admitted to probate in the Probate Court of Marion County, Indiana, on the 19th day of June, 1918, and recorded in Will Record C. C. beginning on page 509 of the records of said court, made a bequest of the sum of fifty thousand dollars ($50,000.00) to the city of Indianapolis, which bequest is in words and figures following, to-wit: Item 12. I bequeath to the city of Indianapolis, Marion County, Indiana, the sum of fifty thousand dollars ($50,000.00) to be securely invested and kept invested by the said city at compound interest for a period of five hundred (500) years.

"The said sum with the interest thereon shall be known as "The Cornelia Cole Fairbanks Memorial' to commemorate the life and virtues of a great woman, who was an inspiration to better living and doing and whose holy influence I gratefully acknowledge.

"She was an ideal Christian wife and mother, making home an altar of love and devotion; a patriot who inculcated love of country and its institutions; a lover of Indianapolis, who sought to advance its intellecutal, moral and physical well-being; a friend of the poor, counting no service or sympathy in their behalf too great. She was democratic in manner and thought; a scholar and a speaker of attractive and persuasive power; a friend and wise counselor of the young and a passionate lover of her own sex, which she was eager to exalt.

"Appreciating the uplifting power of a good name, I have felt that I could in no better way serve the city which has so honored my beloved wife and myself and which we loved with increasing ardor and always hoped might be, if it is not such now, the ideal city of the world, than by bequeathing to it the sum herein named to be faithfully administered as herein set forth. It is my hope that this bequest may lead to the frequent contemplation of the character of a good Christian woman, pure in mind and deed, one who wearied not in well doing for others.

"At the end of each fifty years during said period the increase of said principal sum shall be used by the said city as follows:

"First. For erecting and maintaining buildings for the purpose of promoting the intellectual, moral and physical well-being of the worthy poor of the community.

"Second. For erecting and maintaining buildings for the benefit of labor, art, science and public charity.

"Third. For the acquisition of parks and playgrounds for the use of the public.

"At the end of the period of five hundred years the principal sum may be used, together with the remaining accretions thereof for effecting the purposes of this bequest.

"The bequest in this item contained is upon the condition that the city of Indianapolis shall secure the requisite legal authority from the legislature to accept the said sum of fifty thousand ($50,000.00) dollars, and to invest said sum and keep the same invested at compound interest and employ the proceeds thereof and ultimately the principal sum faithfully and securely as herein provided.

"And provided, further, that the said city of Indianapolis will at all times guarantee against the impairment of said principal sum or interest by improvident investment, defalcation or other loss, to the end that the said principal sum may at all times during the term hereof be maintained intact and the accruing interest thereon be kept securely invested without impairment or loss. In the event such authority of law is not secured, or that the city of Indianapolis

does not accept the bequest of said sum of fifty thousand dollars ($50,000.00) upon the conditions imposed, the said city shall have no interest therein or right thereto. Said sum shall continue to belong to my estate if legal authority on behalf of the said city as above is not secured within two years after my death.

"The buildings, parks or playgrounds to be erected or to be acquired under the bequest of this item shall bear conspicuously and permanently visible notice of the fact that they are a part of the Cornelia Cole Fairbanks Memorial."

"Item 14. The funds arising from the bequest made to the city of Indianapolis shall be under the control of a board of seven citizens of Indianapolis, conspicuous for their probity and civic spirit. This board shall be selected regardless of politics and have power to administer the fund hereby contemplated and to expend the same under the terms hereof within the limits and general purposes and to effect the object herein mentioned.

"The members of the said board shall be selected as follows:Two (2) by the Governor, or if there be no such officer as Governor, then by the chief executive officer of the state; two (2) by the supreme judicial tribunal of the state; two (2) by the mayor or if there be no such officer as mayor, then by the chief executive officer of the city of Indianapolis for the time being; and one shall be chosen by the six members selected as aforesaid; and vacancies occurring in the said board shall be filled by such officers or tribunal as shall have made the original appointment in which a vacancy exists. Any member of said board may be removed by a majority of the other members because of any delinquency in the discharge of his duties as a member of the board; or because of any act which has tended to alienate the public confidence from him." 8882s. Bequest to city of Indianapolis by Charles Warren Fairbanks.-1. The city of Indianapolis, Marion County, Indiana, is hereby authorized and empowered to accept, subject to all the terms, conditions and provisions therein contained, the bequest of fifty thousand dollars ($50,000.00) made to said city in the last will and testament of Charles Warren Fairbanks which was duly probated in the Probate Court of Marion County, Indiana, on the 19th day of June, 1918, and is of record in Will Record C. C. beginning on page 509 of the records of said court, as set out in the preamble of this act, and said city is hereby authorized and empowered by its acceptance to comply with all the terms, conditions and provisions of said bequest, and to take said bequest and keep the same securely invested at compound interest for a period of five hundred years, and allow the interest and income of