this act shall take effect and be in force from and after its passage. Approved on the 4th day of March, 1901. SENATE BILL NO. 35. AN ACT AUTHORIZING THE MAYOR AND COMMON COUNCIL OF INCORPORATED CITIES AND THE BOARD OF TRUSTEES OF INCORPORATED TOWNS AND VILLAGES TO CONVEY REAL ESTATE IN CERTAIN CASES. Be it enacted by the Legislature of the State of Idaho: SECTION 1. In all cases, where any street, highway, avenue, alley or lane in any incorporated city, town, or village, shall have been or shall hereafter be annulled, vacated, or discontinued, the mayor and common council of such city, or the board of trustees of such town or village, may, by ordinance, dispose of the part or portion of such street, highway, avenue, alley or lane so vacated, annulled, or discontinued, and may direct a conveyance thereof to be executed by the mayor of such city or the chairman of the board of trustees of such town or village to the person named in such ordinance; and such deed, when so executed and delivered, shall operate to convey a good and valid title in and to the said premises to the person named therein. SECTION 2. This act shall apply to all cities, towns, and villages, whether incorporated under special or general laws. SECTION 3. All acts and parts of acts in conflict herewith are hereby repealed. SECTION 4. An emergency is hereby declared to exist, and this act shall take effect and be enforced from and after its passage and approval by the Governor. Approved March 8, 1901. TO AMEND SECTION 2 OF AN ACT, ENTITLED "AN ACT TO ESTABLISH THE UNIVERSITY OF IDAHO." Be it enacted by the Legislature of the State of Idaho: SECTION 1. That Section 2 of an act, entitled "An act to establish the University of Idaho," be amended to read as follows: SECTION 2. The government of the university shall vest in a board of regents, to consist of five members chosen from the State at large, which board the Governor shall nominate, and, with the advice and consent of the Senate, appoint. The said board shall be non-partisan, no more than three of whom shall be of the same political party. The terms of office of said regents shall be six years from the first Monday in February in the year in which appointed: Provided, That the regents appointed in the year 1901 shall hold their office during the following periods: One shall be appointed for a term of two years, two shall be appointed for a term of four years, and two shall be appointed for a term of six years. The Governor shall have power to fill vacancies in the board by appointment, which appointment shall be valid until the last day of the regular session of the Legislature following such appointment. SECTION 2. All acts or parts of acts not consistent with the provisions of this act are hereby repealed. SECTION 3. Whereas an emergency exists, this act shall take effect and be in force from and after its passage and approval. Approved March 4, 1901. SENATE BILL NO. 49. AN ACT TO PROVIDE FOR THE REBUILDING AND EQUIPPING OF THE SOLDIERS' HOME, FIXING THE LOCATION THEREOF, AND MAKING APPROPRIATIONS THEREFOR. Be it enacted by the Legislature of the State of Idaho: SECTION 1. The board of trustees of the Soldiers' Home is hereby authorized and directed to rebuild the said home heretofore destroyed by fire, on the site of its former location, upon such plans and specifications as said board may deem proper, and the money received on account of the insurance of the Soldiers' Home building and contents, to wit: Eighteen thousand three hundred and eighty-five dollars, is hereby appropriated for the purpose of rebuilding said home, equipping the same, and for the general improvement of the premises on which the home is situated. SECTION 2. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved February 20, 1901. SENATE BILL NO. 38. AN ACT TO AMEND SECTION 4 OF AN ACT ENTITLED, “AN ACT TO PROVIDE FOR TWO SETS OF ELECTION OFFICERS AND FURTHER PROVIDING FOR THE COUNTING OF BALLOTS BEFORE THE CLOSE OF THE POLLS, AND MAKING THE DISCLOSING OF THE STATE OF THE VOTE BEFORE THE POLLS HAVE CLOSED A FELONY, AND PROVIDING A PUNISHMENT FOR THE SAME," APPROVED MARCH 15, 1899, TO PERMIT ONE REPRESENTATIVE FROM EACH POLITICAL PARTY TO WITNESS THE COUNT. Be it enacted by the Legislature of the State of Idaho: SECTION 1. Section 4 of an act, entitled "An act to provide for two sets of election officers and further providing for the counting of ballots before the close of the polls and making the disclosing of the state of the vote beore the polls have closed a felony, and providing a punishment for the same," approved March 15, 1899, is amended to read as follows: SECTION 4. The board of county commissioners of the several counties must provide two sets of ballot boxes for all precincts where this act applies, and shall provide a suitable and convenient place or room immediately adjoining the place where the election is being held, for the use of the election officers counting the ballots during the day. Such counting may be witnessed by one representative from each of the political parties represented upon the official ballot, which representative shall be designated in writing by the chairman and secretary of the respective county central committees, or in case of a city election by the city central committee, and who shall each take and subscribe an oath before one of the judges of election that he will not, prior to the closing of the polls, communicate in any manner, directly or indirectly, by word or sign, the progress of the counting, nor the result so far as ascertained, nor any information whatsoever in relation thereto; and such representatives and the judges counting the ballots shall be confined to the room or place provided and shall not leave the same during the count except in case of necessity, and then in the custody of the constable of election; nor shall any such election officers or party representatives in any manner, directly or indirectly, by word or sign, disclose or communicate the progress of the counting, nor the result so far as ascertained, nor any information whatsoever in relation thereto, until the polls are closed. Any person who shall intentionally ascertain or attempt to ascertain the progress or state of the count before the close of the polls, and any officer of election or party representative designated as aforesaid who shall violate any of the provisions of this section, shall be guilty of a felony and shall be punished by a fine not to exceed one thousand ($1,000) dollars, or imprisonment in the penitentiary for a period not to exceed one year, or by both such fine and imprisonment. SECTION 2. All acts or parts of acts in conflict herewith are hereby repealed. Approved March 4, 1901. SENATE BILL NO. 53. AN ACT TO ESTABLISH AND MAINTAIN A SCHOOL TO BE CALLED THE ACADEMY OF IDAHO AT POCATELLO, TO CREATE A BOARD OF TRUSTEES FOR THE MANAGEMENT THEREOF, TO PROVIDE FOR THE ISSUE AND SALE OF BONDS FOR ERECTING AND EQUIPPING ACADEMY BUILDINGS AND MAKING APPROPRIATIONS THEREFOR. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That a school which shall be called the Academy of Idaho, is hereby established at the City of Pocatello, Idaho, the purpose of which shall be the teaching of all the branches commonly taught in academies, including also the various studies pertaining to a good common school education, and such special courses as are usually taught in business colleges: Provided, That prior to May 1, 1901, the citizens of Pocatello shall cause to be donated to the board of trustees hereinafter created, as a site for the use of said academy, two blocks of land adjacent to each other within the town site of said city of Pocatello, and shall cause the same to be conveyed by a good and suffi cient deed in fee simple to said board of trustees who are hereby authorized and empowered to receive and hold the same in trust for the use and benefit of said academy: Provided, further, That before this act shall become a law or become operative the citizens of Pocatello shall convey in fee simple the two blocks of ground as provided for in this section of this act to the board of trustees of the Academy of Idaho. The conveyance herein provided for to be subject to the approval of the attorney general whose approval is a compliance with this provision. SECTION 2. That a non-partisan board of trustees to be known as the "Board of Trustees of the Academy of Idaho," consisting of six (6) members, no more than three of whom shall be of the same political party, is hereby created for the management and control of said academy. Said trustees shall be appointed by the Governor by and with the advice and consent of the Senate for terms of six years, and until their successors are appointed and qualified: Provided, That of the first board appointed, two members shall be appointed for two years, two members for four years and two members for six years. Before entering upon the duties of their office, each of said trustees shall take and subscribe an oath or affirmation that he will support the constitution of the United States and the constitution and laws of the State of Idaho, and will faithfully and impartially discharge the duties of said office, which oath, or affirmation, shall be filed in the office of the Secretary of State. SECTION 3. All rights in and title to real estate or personal property belonging to or vested in said academy are hereby vested in said board of trustees. SECTION 4. The said board of trustees may conduct its proceedings in such manner as will best conduce to the proper dispatch of business. A majority of the board of trustees shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. No member of said board of trustees shall participate in any proceedings in which he has any pecuniary interest. Every vote and official act of said board of trustees shall be entered of record. Said board of trustees shall have an official seal which shall be judicially noticed. Said board of trustees may sue and be sued. No vacancy in the board of |