OF THE

STATE OF IDAHO

PASSED AT THE SEVENTEENTH SESSION

OF THE STATE LEGISLATURE

PUBLISHED BY AUTHORITY OF THE

SECRETARY OF STATE

FALLON LAW BOOK CO.

83 NASSAU STREET

Boise, Idaho

SYMS-YORK COMPANY

Printers and Binders

1923

GENERAL LAWS

OF THE

STATE OF IDAHO

CHAPTER 1

(H. B. No. 1)

AN ACT

MAKING APPROPRIATION FOR THE PAYMENT OF THE SALARIES IN COMPENSATION OF THE MEMBERS AND OFFICERS AND EMPLOYEES AND ALL OTHER EXPENSES OF THE SEVENTEENTH SESSION OF THE LEGISLATURE OF THE STATE OF IDAHO, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That the total sum of $82,200.00, or much thereof as may be necessary, be and the same is hereby appropriated from the moneys in the general fund of the treasury of the State of Idaho not otherwise appropriated for the purpose or paying salaries and compensation of members, officers and employees and all other necessary expenses of the Seventeenth Session of the Legislature of the State of Idaho more particularly as follows, to-wit:

SEC. 2. The state auditor is hereby authorized and directed to draw his warrant on the general fund of the state in the hands of the state treasury in payment of the

salaries and compensation of members, officers and em-
ployees of the said legislature fixed by law and payable
from the above appropriation in the amount certified to be
due then upon presentation to him of the certificate of the
presiding officer of either house to the effect that the person
named in the certificate is a member of the said House or
an officer or employee thereof as the case may be and is
entitled to compensation in the amount therein stated.

SEC. 3. All other claims against said appropriation shall
be submitted to and passed upon by the state board of
examiners in the same manner as other similar claims against
the state under the general law, but the certificate required
to be made on all claims under the general law by the head
of the department the institution should be made by the
presiding officer of that branch of the legislature in whose
behalf the expenditure was incurred.

SEC. 4. An emergency existing therefor this Act shall

take effect and be enforced from and after its passage and

approval.

Approved January 16, 1923.

CHAPTER 2

(S. B. No. 56)

AN ACT

REPEALING SECTION 462 OF THE IDAHO COMPILED STATUTES,

1919, RELATING TO FILLING VACANCIES IN LEGISLATIVE

OFFICES BY SPECIAL ELECTION, AND DECLARING AN

EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 462 of the Idaho Compiled

Statutes, 1919, be and the same is hereby repealed.

SEC. 2. An emergency existing therefor, this act shall

take effect and be in force from and after its passage and

approval.

Approved January 24, 1923.

CHAPTER 3

(H. B. No. 25)

AN ACT

REPEALING SECTION 1540 OF THE IDAHO COMPILED STAT-
UTES RELATING TO SPECIAL BONDS OF THE ASSESSOR
AND TAX COLLECTOR.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 1540 of the Idaho Compiled

Statutes be and the same hereby is repealed.

Approved February 1, 1923.

CHAPTER 4

(S. B. No. 25)

AN ACT

RELATING TO THE REFUND TO THE UNITED STATES DEPART-

MENT OF AGRICULTURE, FOREST DIVISION, OF THE SUM

OF $6,842.50 PAID TO THE STATE BY THE MCGOLDRICK

LUMBER COMPANY FOR TIMBER SOLD BY THE STATE

THROUGH ERROR FROM UNITED STATES FOREST LAND;

MAKING AN APPROPRIATION THEREFOR, AND DECLARING

AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. Whereas, The state of Idaho on, to-wit: the

21st day of July, 1919, did through its state board of land
commissioners and land department offer for sale and sell
to the McGoldrick Lumber Company, a corporation, timber
from Section 36, Township 50 North, Range 3 East, Boise
Meridian, on the basis that said land and timber belonged
to the state of Idaho, whereas in truth and in fact the said
land and timber did not belong to the state of Idaho, but
belonged to the United States department of agriculture,
forest division, at the time of said sale; and,

Whereas, After said sale the said McGoldrick Lumber
Company paid the state of Idaho on such purchase the sum
of $6.842.50 for timber taken from said land, which moneys
belonged to the United States department of agriculture,
forest division; that upon receipt of said moneys by the
state land department said moneys were deposited to the
permanent school fund of the state; and,

Whereas, The said error was not discovered until after
said moneys had been so deposited; and,

Whereas, Said moneys never belonged to the state of

Idaho or to the said fund into which they were placed by

the state, for the reason that the timber so sold did not

belong to the state of Idaho; and,

Whereas, The said United States department of agricul-

ture, forest division, has made demand upon the state for
the payment to it of said above sum of money; and,

Whereas, the said sum of money is now due from the

state of Idaho to the said department of agriculture, forest

division;