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road, commencing at a point on the present main wagon road near Warner's ranch in Long Valley about six miles below Van Wyck in Boise county; thence following up what is known as Big creek in a northeasterly direction to the summit and the line between Boise county and Idaho county; thence passing into Idaho county and following down Trail creek in a northeasterly direction to its confluence with the south fork of the Salmon river thence crossing the south fork of the Salmon river and continuing in a northeasterly direction to what is known as Cabin creek to its summit; thence down Trout creek for a distance of about six miles in a northeasterly direction to Johnson's Fork creek; thence down Johnson's Fork creek to the most feasible point for leaving said stream for a road to the summit between the east fork of the south fork of the Salmon river and Monumental creek; thence by the most feasible route to the last above mentioned summit at a point about one and one-half miles west of where the Caswell trail crosses Monumental summit; thence down Monumental creek to the town of Roosevelt. Together with such necessary bridges for the streams crossed by said road as may be necessary for safe and convenient travel thereon.
SEC. 2. That on or before the first day of April, 1903, after the passage of this act, the Governor shall appoint a resident citizen of Idaho to perform the duty of superintendent of construction of said wagon road and for his services he shall receive the sum of $4.00 per day for each day actually engaged in the duties of his office. Before entering upon the duties of his office he shall take and subscribe to an oath and shall execute a bond in the penal sum of $10,000 payable to the State of Idaho, with sureties to be approved by the Governor, conditioned upon the faithful performance of his duties, which oath and bond shall be filed in the office of the Secretary of State.
SEC. 3. Said superintendent shall keep an accurate account of all moneys disbursed by him under the provisions of this act and the books of said account shall be open to inspection at all times by the State Board of Examiners.
SEC. 4. Said superintendent shall as soon as practicable after his appointment, personally examine the vicinity and route of said proposed road and shall definitely locate the lines thereof between said terminal points. Said superintendent is hereby authorized to employ such suitable persons as may be necessary to assist him in locating and defining the lines of said road and may fix the compensation of such persons so employed to assist him which shall not exceed the sum of $1,000. The lines of said road shall be marked in such manner as said superintendent inay decide but must be done in such manner as will effectually indicate the proposed lines thereof throughout their entire course.
SEC. 5. As soon as practicable after the lines of said road shall have been established the superintendent shall determine and settle upon the points on said road where culverts, corduroys, drains and turnouts shall be necessary, the distance upon each side of the road the trees may be cut down, the bridges that shall be built and all other requirements that may be proper and necessary.
SEC, 6, The engineer employed by the superintendent for the survey of the proposed road as herein provided for, shall make an estimate of the cost of the construction of said road and shall recommend a proper form of contract to be entered into between the said superintendent as rep. resenting the State of Idaho and the contractor and said contract shall provide that said road shall be constructed in a good and practicable manner.
SEC. 7. The superintendent after receiving an estimate from the engineer so employed shall let, as soon as practi. cable in the year 1903, to the lowest responsible bidder after publicly advertising in such newspapers, three in number published in the State of Idaho, as may be selected by the superintendent as most likely to give notice to contractors for thirty days, said superintendent having the right to reject any and all bids.
SEC. 8. For the purpose of furnishing money to be used in the construction of said road under the provisions of this act, the sum of $20,000 is hereby appropriated out of the general fund of the State.
Sec. 9. No part of said fund hereby appropriated shall be expended until the citizens of the State of Idaho and those interested in the construction of said road shall satisfactorily assure the Governor of the State of Idaho, that they have raised and have ready for use to assist in building said road, funds to the amount of $20,000 in addition to the amount provided for in this act. In case of failure of said parties to assure the Governor satisfactorily within sixty days from the passage of this act, the amount hereby appropriated shall be turned over to the general fund as in Section 15 of this act, provided.
SEC. 10. Work on said road shall commence on the first day of May, A. D. 1903.
SEC. 11. The Governor may remove the superintendent for good and sufficient cause at any time he may desire.
SEC. 12. The money authorized to be expended under the provisions of this act shall be paid out of the general fund as herein provided for, provided that before the State Auditor shall draw his warrant, all claims for which warrants are to be drawn as against the State shall be certified to by the superintendent and shall be approved by the State Board of Examiners as all other claims are approved and audited by them, and, Provided further, That the appropriation hereby provided for and the funds to be raised by the citizens as in this act specified shall be drawn upon equally in the payment of bills and in case of there being more funds than are necessary to construct said road each bond shall be protected equally. The road herein provided for, may at all times be used in accordance with the general laws of this State by any resident citizen thereof free of charge or toll of any kind.
SEC. 13. After the completion of said road, the board of commissioners of the respective counties wherein the same is situated shall cause the portions thereof within their respective counties to be maintained and repaired as other public roads within their respective counties.
SEC. 14. The total charge against the State under the provisions of this act shall not exceed $20,000. No deficiency warrants shall be drawn for the same.
SEC. 15. After the completion and acceptance of the road hereinbefore provided for, and the payment of all moneys due on account of the construction of the same and of all warrants drawn from said road fund or in case of the failure of the citizens to raise said $20,000 as a complement to this appropriation as aforesaid, said fund shall cease to exist and all moneys remaining in said fund here, by appropriated shall by the State Treasurer be transferred to the general fund of the State and thereafter constitute a part of the general fund.
SEC. 16. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 17. Whereas, an emergency exists therefore this act shall take effect and be in force from and after its passage.
Approved the 11th day of March, 1903.
HOUSE BILL NO. 90.
AN ACT TO ESTABLISH A UNIFORM STANDARD OF WEIGHTS AND
MEASURES IN THIS STATE AND TO PROVIDE FOR A STATE
SEALER AND INSPECTOR OF THE SAME.
SECTION 1. That the standard of weights and measures in this State shall agree exactly with the standard as recog; nized and furnished by the United State, and shall for the purpose of security and verification be kept in the custody of the Secretary of State.
SEC. 2. That the Secretary of State shall be ex officio State Sealer of Weights and Measures and shall have the care and custody of authorized public standards of weights and measures, he shall try and prove by such standards all weights and measures, scales and beams, which may belong to any county, and be sent or brought to him for that purpose by the county auditor, and shall seal such when found to be accurate, by stamping on them the letter “I," with a seal which he shall have and keep for that purpose.
SEC. 3. The county auditor of each county shall have the care and custody of the county standards. He shall procure at the expense of the county, when not already provided, full sets of weights and measures, scales and beams which he shall cause to be tried, proved and sealed by the State standards under the direction of the Secretary of State. The county commissioners of each county shall be the county sealers of weights and measures for their respective districts.
SEC. 4. The county auditor shall authorize and instruct the county commissioners of their county in regard to testing and verifying weights and measures within said county, and shall furnish said commissioners with a copy of this act, and each commissioner shall immediately post in two conspicuous places in his district notices of his authority and readiness to act as inspector and sealer of weights and measures.
SEC. 5. That the said county sealers shall try and prove all weights and measures, scales and beams within the respective districts twice each year, and when the same are found or made to conform to the legal standard they shall seal and mark such weights and measures with a seal to be kept by them for that purpose.
SEC. 6. That State and county sealers of weights and measures in this State shall charge for testing and sealing any beam or scale the sum of fifty cents, and for each and every weight or measure ten cents, for sealing or marking liquid and dry measures if the same be a gallon or more ten cents; if less than a gallon five cents; they shall also be entitled to reasonable compensation for making such weights and measures conform to the standards established by this act.
SEC. 7. That the expense justly chargeable to any county in this State, incurred in and immediately connected with the procuring of county standards of weights and measures and noticing and advertising the same in further. ance of the provisions and intentions of this act shall on presentation of proper and sufficient vouchers be accepted and paid by said county.
SEC. 8. That any person in this State who shall, thirty days subsequent to published notices from the sealers of weights and measures as provided in section four of this act, be found using any false or fraudulent þeams, scale weights or measures and who shall fail or neglect on written notice of the same, from any person so aggrieved or in any way cognizant thereof, to have said imperfect beams, weights, measures and scales duly inspected and by proper authority adjusted and sealed, or who shall use the same scales, weights or measures, subsequent to said notice without correction or adjustment, as provided in this act, shall be liable to an action in law at the penalty of twenty dollars for each and every offense. Said penalty to be paid into the county fund.
SEC. 9. That the Secretary of State and each and every county sealer of weights and measures in this State, shall, before entering upon the performance of any official duty described or implied in this act, take and subscribe the following oath or affirmation, "I......do swear (or affirm)