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tion of the bonds called as provided for in this act such principal shall not be so invested in such warrants.

SEC. 8. For the prompt payment of the interest that may accrue upon said bonds there is hereby appropriated for each year out of any moneys in the State Treasury, not otherwise appropriated, an amount equal to the amount of said interest on said bonds as the same may become due and for the payments of such interest when due the Treasurer of the State shall reserve any and sufficient of the funds in his hands in preference to all other claims whatsoever except the interest on bonds of the State heretofore issued pursuant to law.

SEC. 9. When the moneys arising from the sale of said bonds are received by the State Treasurer he shall notify the State Auditor of the amount of money so received and the State Auditor shall thereupon credit the Treasurer's account with the amount of bonds sold.

SEC. 10. All moneys paid, or to be paid in the Academy of Idaho improvement fund are hereby appropriated to the Academy of Idaho for the following purposes, to wit: For completing the main building and furnish

ing the same

$ 8,300 00

For library and apparatus and for equipment for mechanic arts and domestic science and arts. 1,500 00 For grading and fencing grounds and for trees

and water ..

For dormitory building and equipment..

.......

1,700 00 18,500 00

SEC. 11. All moneys appropriated in accordance with the provisions of this act shall be expended and accounts therefor audited and paid in the manner provided in the act establishing said academy.

SEC. 12. An emergency existing therefor this act shall take effect and be in force from and after its passage and approval by the Governor.

Approved the 27th day of February, 1903.

PROVIDING FOR

HOUSE BILL NO. 59.
AN ACT

THE CONSTRUCTION OF A WAGON ROAD BRIDGE ACROSS THE SNAKE RIVER BETWEEN THE COUNTIES OF ONEIDA AND BLAINE: APPROPRIATING TEN THOUSAND DOLLARS FOR THE CONSTRUCTION OF SUCH BRIDGE. PROVIDING FOR THE APPOINTMENT, QUALIFICATION AND SALARY OF THE COMMISSION TO SUPER

VISE THE WORK AND TO MAKE REQUISITIONS UPON SAID
APPROPRIATION FOR PAYING FOR WORK THEREON.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That there shall be constructed across Snake River between the counties of Oneida and Blaine at American Falls on the main route of the wagon road leading west to Shoshone and other points, or at the most feasible point near said road crossing a wagon bridge to be constructed of either wood, iron or steel together with suitable and necessary approaches thereto with roads and grades to connect said bridge with the present system of county roads in said counties.

SEC. 2. For the construction of said bridge, grades, roads, and approaches there is hereby appropriated the sum of ten thousand dollars or so much thereof as may be necessary out of any funds in the State Treasury not otherwise appropriated.

SEC. 3. Within thirty days after the passage and approval of this act, the several boards of county commissioners of the counties hereinafter mentioned, shall appoint, each one bridge commissioner from their respective counties, Oneida, Blaine and Bannock, who shall constitute a commission whose duty it shall be to select the site of said bridge and to have general charge of the construction thereof. For their services, as such commissioners, they shall each receive the sum of five dollars per day actually and necessarily employed in the discharge of their duties as such commissioners, but total compensation to each commissioner shall not exceed the sum of one hundred and fifty dollars. Said commissioners shall each give a bond in the sum of two thousand dollars to be approved by the Governor and conditioned for the faithful performance of their duties as such commissioners. Said commission shall elect a chairman and secretary from among their members who shall perform the duties of such position without compensa

tion.

SEC. 4. As soon as practicable after the appointment and qualification of said commission, the State Engineer shall prepare or cause to be prepared and furnished to the said commission suitable plans, specifications and estimates of the cost of said bridge and the approaches there

to and the commission upon the receipt of such plans, specifications, and estimates shall immediately thereafter advertise for bids for the construction of said bridge and the approaches and grades in accordance with the plans so furnished by the State Engineer, said advertising shall be by publication in one newspaper in each of the counties herein above mentioned, said publication to continue for at least thirty days and the said commissioners shall award the contract for the construction of said bridge, grades and approaches to the lowest responsible bidder.

SEC. 5. Said commission upon the approval of the State Engineer, shall make requisition upon the State Auditor from time to time for such sum or sums of money as may be needed and required and the same shall be applied in payment of work done under said contract in the construction of said bridge, grades and approaches, and it shall be the duty of the State Auditor to draw warrants on the State Treasurer for such sums as may be requistioned by the said commission for said purpose not exceeding in all the sum hereby appropriated and the State Treasurer shall pay such warrants out of moneys in the State Treasury not otherwise appropriated.

SEC. 6. Whereas an emergency exists this act shall take effect and be in force from and after its passage and approval by the Governor.

Approved the 11th day of March, 1903.

HOUSE BILL NO. 60.

AN ACT

AMENDING SECTION 4055 OF THE REVISED STATUTES OF IDAHO AND RELATING TO THE RECOVERY OF PROPERTY OTHER THAN REAL.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 4055 of the Revised Statutes of the State of Idaho be and is hereby amended to read as follows:

Section 4055. Within two years:

1. An action against a sheriff, coroner, or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omis sion of an official duty, including the non-payment of money collected upon an execution;

2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the State, except when the statute imposing it prescribes a different limitation;

3. An action upon a statute or upon an undertaking in a criminal action for a forfeiture or penalty to a county or to the people of the State;

4. An action to recover damages for an injury to the person or for the death of one caused by the wrongful act or neglect of another;

5. An action for libel, slander, assault, battery, false imprisonment or seduction;

6. An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil pro

cess.

SEC. 2. All acts and parts of acts in conflict herewith or inconsistent with the provisions hereof are hereby repealed.

SEC. 3. Whereas an emergency exists therefor, this act shall take effect immediately from and after its passage. Approved the 27th day of February, 1903.

HOUSE BILL NO. 63.
AN ACT

CONCERNING THE ENROLLMENT AND ORGANIZATION OF THE MILITIA OF THE STATE OF IDAHO; PRESCRIBING THE NUMBER AND RANK OF THE OFFICERS THEREOF, AND DEFINING THE DUTIES AND SALARIES OF SUCH OFFICERS: AND TO REPEAL ALL LAWS IN CONFLICT WITH THE PROVISIONS OF THIS BILL.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. Every ablebodied male citizen of Idaho, and those who have declared their intention to become citizens of the United States, residing therein, between the ages of eighteen and forty-five years, except persons exempt by law, shall be subject to military duty; excepting (a) persons exempted by any statute of this State; (b) all persons in the army or navy of the United States and those who have been honorably discharged therefrom; (e) idiots, lunatics, habitual drunkards, and felons convicted of infamous crimes and not pardoned.

ARTICLE 2.
Organization.

SECTION 1. The Governor shall be commander-in-chief

of the militia, except when called into the service of the United States, and may employ it for the defense, or relief of the State, the enforcement of its laws and the protection of life and property within its territory. He shall make and publish regulations for the government of the Naional Guard, and shall have all the power necessary to carry into full effect the provisions of this act; and for the purpose of formulating these regulations, he may convene boards of officers who shall recommend, for his approval, a code prescribing the duties of the staff department, the messing and interior economy of companies, the sanitation of camps, rules for the preservation of health, etc., etc.

He shall immediately upon assuming his office, appoint an Adjutant General who shall be chief of staff and inspector general with the rank of colonel; one quartermaster general with the rank of lieutenant colonel; one chief commissary with the rank of lieutenant colonel, who shall also act as paymaster; one assistant adjutant general with the rank of lieutenant colonel; one medical director with the rank of lieutenant colonel; two or more aides-de-camp each with rank of captain; all to take office immediately upon appointment by the Governor, and to serve for two years, or until their successors are qualified, unless sooner removed by him: Provided, That the Governor shall have power to remove for cause any and all said officers, and to fill vacancies.

The Attorney General of the State shall be the ex officio judge advocate general thereof with the rank of lieutenant colonel.

Should a United States army officer be detailed for duty with the National Guard, he shall be known as the deputy inspector general, with the rank of major.

National Guard.

SEC. 2. The organized militia shall be designated "The National Guard of Idaho." In time of peace the National Guard of Idaho shall consist of the staff of the commanderin-chief; the corps of cadets of the State university; not more than one battery of field artillery; one squadron of cavalry of four troops; two regiments of twelve (12) companies each of infantry, divided into three battallions of four companies, and a medical corps to consist of a surgeon, with the rank of major, and one assistant surgeon, with the rank of captain, and the retired list.

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