tion of the clerk, sufficient copies of the session laws, bound in the cheapest manner, to supply one copy for the board of county commissioners and one copy to each county officer and to each justice of the peace. SEC. 2. An emergency existing therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval. Approved March 5, 1923. CHAPTER 79 (S. B. No. 27) AN ACT TO AMEND SECTION 6664 OF THE IDAHO COMPILED STATUTES OF THE STATE OF IDAHO, RELATING TO THE PLACE OF TRIAL OF CIVIL ACTIONS. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 6664 of the Compiled Statutes of the State of Idaho is hereby amended to read as follows: Section 6664 (4123). OTHER ACTIONS: VENUE DETERMINED BY RESIDENCE. In all other cases the action must be tried in the county in which the defendants, or some of them, reside, at the commencement of the action; or, if none of the defendants reside in the state, or, if residing in this state, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject, however, to the power of the court to change the place of trial, as provided in this code; Provided, That all actions against life or fire insurance companies, suit or action may be commenced and tried in the county where the death occurred or the loss was sustained; and Provided, further, That in all actions against any corporation organized under the laws of the state of Idaho, suit or action shall be commenced and tried in any county of this state where the defendant has its principal place of business or in the county in which the cause of action arose. Approved March 5, 1923. CHAPTER 80 (S. B. No. 95) AN ACT ADDING A NEW SECTION TO CHAPTER 66 OF THE IDAHO COMPILED STATUTES, TO BE KNOWN AS SECTION 1491-A, PROVIDING FOR THE CREATION OF JOINT HIGHWAY DISTRICTS; ADDING A NEW SECTION TO SAID CHAPTER TO BE KNOWN AS SECTION 1491-B, PROVIDING FOR THE CREATION OF A JOINT HIGHWAY DISTRICT WHERE COUNTY DIVISION OR CHANGE OF BOUNDARIES OF A COUNTY DIVIDES AN EXISTING HIGHWAY DISTRICT. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That a new section be added to Chapter 66, of the Idaho Compiled Statutes to be known as Section 1491-A, to read as follows: Section 1491-A. A joint highway district may be formed from territory belonging to two or more contiguous counties. For the purpose of organizing such joint districts the same preliminary steps must be taken and the same procedure pursued, with such modifications as may be necessary in the petitions, notices, ballots, etc., as in the organization of like districts lying wholly within the boundaries of a single county. Such district shall be designated as. highway district of the counties of.. joint and be so named that it shall have the same name in all the counties out of whose territory such district is formed. The proceeding for its formation shall be had in each county interested: Provided, That the assessing of property, the collection of assessments and taxes, and all acts which from their nature shall be separately kept and due, shall be kept and due, as if each portion of said district were an entire district in its respective counties. SEC. 2. That a new section be added to Chapter 66 of the Idaho Compiled Statutes to be known as Section 1491-B, to read as follows: Section 1491-B. When county division or change in the boundaries of a county divides an existing highway district such district shall continue as a joint highway district until changed as in this chapter provided. It shall be the duty of the commissioners of the respective counties affected thereby to rename the same as a joint district as required in Section 1491-A, and such renamed joint district shall in all things be considered a continuation of the existing district. Approved March 5, 1923. CHAPTER 81 (H. B. No. 169) AN ACT AMENDING SECTION 2650 OF CHAPTER 126, IDAHO COMPILED STATUTES, AS AMENDED BY SECTION 1 OF CHAPTER 112, 1921 SESSION LAWS OF IDAHO, RELATING TO THE ESTABLISHMENT OF A FISH AND GAME BUREAU IN THE DEPARTMENT OF LAW ENFORCEMENT UNDER A FISH AND GAME WARDEN, AND THE APPOINTMENT, TERM OF OFFICE, SALARY AND REMOVAL OF A GAME WARDEN; PROVIDING FOR THE ESTABLISHMENT OF A FISH AND GAME BUREAU TO BE UNDER THE IMMEDIATE DIRECTION OF THE GOVERNOR, AND PROVIDING FOR THE APPOINTMENT OF A FISH AND GAME WARDEN, AND FIXING HIS TERM OF OFFICE, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 2650 of Chapter 126, Idaho Compiled Statutes, as amended by Section 1 of Chapter 112, 1921 Session Laws of Idaho, be and the same is hereby amended to read as follows: Section 2650. A fish and game hereby established direction of the * * * * * * * department is * * * * * * to be under the immediate governor of the state and the fish and game warden appointed as herein provided. The fish and game warden shall be appointed by the governor with the approval of the senate; his term of office shall be for two (2) years, commencing always with the first Monday in January next following a general election. The state fish and game warden shall be an elector of the state of Idaho. The governor shall have the power, and it is hereby made his duty to remove the said fish and game warden for neglect of his duties, breach of trust, incompetence or malfeasance in office, upon reasonable cause shown. * * * SEC. 2. An emergency existing therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval. Approved March 5, 1923. CHAPTER 82 (H. B. No. 128) AN ACT AMENDING SECTION 791, CHAPTER 41, TITLE 7 OF THE IDAHO COMPILED STATUTES; PROVIDING FOR THE APPOINTMENT OF MEMBERS OF THE STATE BOARD OF EDUCATION AND BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO; DEFINING THEIR QUALIFICATIONS, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 791, Chapter 41, Title 7 of the Idaho Compiled Statutes, be amended to read as follows: Section 791. MEMBERSHIP: APPOINTMENT: QUALIFICATIONS. The state board of education and board of regents of the University of Idaho shall consist of five appointive members and, in addition thereto the state superintendent shall be ex-officio member of such board. The governor of Idaho shall annually on the first Monday of April appoint one member of said board to serve for a period of five years. The governor shall fill, by appointment, all vacancies which may occur on the board, such appointment to be made within thirty days after such vacancy occurs, and to be for the unexpired term of the retiring member: Provided, That all such members of said board shall be appointed solely upon consideration of their ability to efficiently serve the interests of the people and of education in this state, without reference to locality, to occupation, to party affiliation or to religion; and shall have been a qualified elector, and taxpayer in this state for at least three years prior to the date of his appointment. Provided, further, That in the appointment of members of the board no discrimination shall be made as against former instructors or students of any of the educational institutions of the state; and provided such former instructors and students of any single institution shall not be represented on said board by more than one member at any one time. Said members of said board, appointed as above provided, shall qualify for office and assume their duties in accordance with existing laws governing similar appointments to and qualifications for office on other state boards of this state. * * * SEC. 2. WHEREAS, An emergency exists, this act shall be in force from and after its passage and approval. Approved March 5, 1923. CHAPTER 83 (H. B. No. 146) AN ACT APPROPRIATING $1,728.49 FROM THE HEYBURN PARK FUND IN THE STATE TREASURY FOR THE PURPOSE OF PAYING TO THE COEUR D'ALENE TIMBER PROTECTIVE ASSOCIA TION SAID AMOUNT FOR WORK, SERVICES, SUPPLIES AND LABOR PERFORMED BY SUCH ASSOCIATION IN FIRE PROTECTION, PREVENTION AND PATROL WORK IN PROTECTING THE TIMBER OF SUCH PARK FROM FIRE FOR THE YEARS 1919 AND 1920, AND DECLARING AN EMERGENCY. WHEREAS, The Coeur d'Alene Timber Protective Association at the request and behest of the state and the commissioner of public works of the state of Idaho, the directing head of the said Heyburn park, did furnish labor, material, supplies and equipment in fire prevention and protection from fire of the timber on said Heyburn park and which labor was actually furnished and services performed to the extent of $2,810.89 and on which there was paid the sum of $1,082.40, leaving a balance due and unpaid to the said association in the sum of $1,728.49, which sum still remains unpaid for the reason that sufficient appropriation had not been made to pay the same, and WHEREAS, Said amount is justly due and the services have been a benefit to said Heyburn park, and WHEREAS, There are funds in the state treasury of the state of Idaho in the fund known as the Heyburn park fund under the department of public works sufficient to pay said claim; Be It Enacted by the Legislature of the State of Idaho: SECTION 1. There is hereby appropriated from the fund in the state treasury under the department of public works known as the Heyburn park fund the sum of $1,728.49 for the purpose of paying to the Coeur d'Alene Timber Protective Association the said amount remaining as a balance due to said association for labor, supplies and equipment furnished in fire prevention and fire protection work to preserve the timber of Heyburn park from fire hazards during the years of 1919 and 1920, the said amount so due as such balance is as shown by a claim therefor on file in the office of the state auditor duly signed and certified. Upon the passage and approval and the taking effect of this act the state auditor is hereby directed to draw a warrant against said fund in favor of the said Coeur d'Alene Timber Protective Association for said amount of $1,728.49 in payment of such claim. SEC. 2. An emergency existing therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval. Approved March 5, 1923. |