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of county commissioners for permission to construct in the manner provided by law, to acquire right of way, and shall give to the county into or through which the right of way herein and hereby granted is exercised a bond with surety to be approved by the board of county commissioners, in the sum of five thousand dollars, conditioned to hold the said county harmless from any and all liability on account of the erection, construction, maintenance, or operation of the said electric line or lines: Provided, further, That nothing in this act shall be construed to mean the right to occupy public roads for any railroad or car line of any kind.
SEC. 2. An emergency exists, therefore this act shall take effect and be in force from and after its passage and approval.
Approved the 4th day of March, 1903.
SENATE BILL NO. 33.
or AN ACT ENTITLED AN ACT TO ESTABLISH AND MAIN-
SECTION 1. That Section 1 of that certain act. En titled an act to amend Section 69 of an act. entitled an act to establish and maintain a system of free schools. Approved March 1st. 1901, be and the same is hereby amended to read as follows:
Section 69. The board of school trustees of any school district may whenever a majority so decide submit to the qualified electors of the State of Idaho who are resident free holders or house holders of the district; and their wives, the question whether the board be authorized to issue coupon bonds to a certain amount not to exceed eight per centum of the taxable property in said district and bearing a rate of interest not exceeding șix per centum per annum and payable and redeemable at a certain time for the purpose of building or providing one or more school houses in said district with all necessary furniture, desks, blackboards, globes, charts, outline maps etc. And the board of school trustees of any school district which has issued bonds for any of the purposes enumerated in
this section may submit to the electors of such district the question whether the board shall be authorized to issue coupon bonds to refund or take up any of the bonded in. debtedness of such district, at a rate of interest not exceeding six per centum per annum.
SEC. 2. All acts and parts of acts in conflict with this act are hereby repealed.
SEC. 3. Whereas, an emergency exists this act shall take effect and be in force from and after its passage and approval.
Approved the 5th day of February, 1903.
SENATE BILL NO. 34,
SECTION 1. Every person who ships, or causes to be shipped, or delivers or causes to be delivered to railroad, express, or stage company, or any other common carrier, for shipment, as baggage or otherwise, any loaded pistol, revolver, rifle, shotgun or other firearm, is guilty of a mis demeanor.
Approved the 4th. day of March, 1903.
SENATE BILL NO. 35.
AND POWER OF DISPOSITION OF THEIR SEPARATE PROP-
SECTION 1. That Section 2495, of Chapter 3, Title 2, of the Revised Statutes of Idaho 1887, be amended to read as follows:
Section 2495. All property of the wife owned by her before marraiage, and that acquired afterwards by gift, bequest or descent, or that which she shall acquire with the proceeds of her separate property, shall remain her sole and separate property, to the same extent and with the same effect as the property of a husband similarly acquired.
SEC. 2. During the continuance of the marriage the wife has the management, control and absolute power of disposition of her separate property, and may bargain, sell and convey her real and personal property, and may enter into any contract with reference to the same in the same manner and to the same extent and with like effect as a married man may in relation to his real and personal property: Provided, That, the husband shall be bound by such contracts to no greater extent or effect than his wife under similar circumstances would be bound by his contracts.
SEC. 3. A woman may while married sue and be sued in the same manner as if she were single: Provided, That except in actions between husband and wife the husband shall not be chargeable in any manner with the wife's costs or other expenses of suit.
SEC. 4. Nothing in this act contained shall invalidate, alter or change any marriage settlement now made or to be made hereafter.
SEC. 5. Sections 2498, 2499, of the Revised Statutes of Idaho 1887, and all acts and parts of acts in conflict with this act are hereby repealed.
Approved the 9th. day of March, 1903.
SENATE BILL NO. 38.
LIQUORS NEAR PUBLIC WORKS AND GRADING CAMPS OF
SECTION 1. It shall be unlawful for the board of coun. ty commissioners of any county in this State to grant a license to any person to sell, barter, or exchange or otherwise dispose of malt, spirituous or vinous liquors in less quantities than five gallons within five miles of any camp or assembly of men engaged in the construction or repair of any railroad, canal, reservoir, public work, or other kindred enterprise where twenty-five or more men are em• ployed.
SEC. 2. Any person who shall sell or offer for sale, barter, exchange or otherwise dispose of any spirituous, malt or vinous liquors in less quantities than five gallons within
five miles of any camp or assembly of twenty-five or more men engaged in the construction or repair of any railroad, canal, reservoir, public work or other kindred enterprise, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not exceeding fifty dollars or imprisonment in the county jail for not exceeding thirty days, or both, in the discretion of the court; and any attempt to evade the provisions of this act, by giving away any such liquor to any person on the pretense, or for the reason that such person has purchased, or designs or is expected to purchase some other article, shall be deemed as a sale within the meaning of this act: Provided, That the provisions of this section shall not apply to sales made under a license issued by any incorporated town or city, nor to saloons or other places at which such liquors are sold or disposed of, outside of the corporate limits of cities and towns which may have been established and licensed six months prior to the beginning of said work within said five mile limit.
SEC. 3. Justices of the peace in their respective precincts shall have jurisdiction to hear and determine all cases arising under the provisions of this act.
SEC. 4. All acts and parts of acts inconsistent nerewith are hereby repealed.
SEC. 5. Whereas, an emergency exists therefor, this act shall take effect and be in force from and after its passagi and approval.
Approved the 4th. day of March, 1903.
SENATE BILL NO. 40.
HORTICULTURAL INSPECTION AND THE APPOINTMENT
SECTION 1. There is hereby created the State Board of Horticultural Inspection which board shall consist of five members, as follows: The director of the experiment station and the professor of zoology of the University of Idaho shall be ex officio members of said board, and the other three members shall be appointed by the Governor of the State as soon as may be after the passage of this act and shall hold their office for the term of three years or until their successors are appointed and qualified, and in making said appointments the Governor shall consider the recommendations of the State Horticultural Society as to the proper persons to appoint: Provided, That of three members first appointed after the passage of this act, one shall hold his office for one year, one for two years, and one for three years from the date of his appointment.
SEC. 2. Before entering on the duties of his office, each member of said board shall take and subscribe the official oath prescribed for the State officers, which oath shall be filed in the office of the Secretary of State.
SEC. 3. Said board shall meet immediately after the passage and approval of this act when it shall elect a President and a Secretary from its number who shall hold their office during the pleasure of said board. The Secretary shall perform such duties as may be presc:ibe:1 by the board and shall receive such compensation as the board may establish, not exceeding three hundred and fifty dollars per annum. Said board shall meet annually at such time and at such places as it may determine.
Sec. 4. The board shall appoint a State Horticultural Inspector whose jurisdiction shall extend throughout the State and shall fix his salary at not less than nine hundred dollars per annum. They shall also divide the State into not more than ten districts, and the State Horticul. tural Inspector shall appoint, subject to the confirmation of the board, a Deputy State Horticultural Inspector for each district so established if necessary. The persons so appointed shall be especially qualified for their position by reason of a practical knowledge of horticulture and the pests incident thereto. Their jurisdiction shall be limited to their respective districts. Said inspectors shall hold their office during the pleasure of said board. Said board shall make an estimate of the amount of money available for each district for each year, and no inspector shall in