and May, the exact dates in such months to be determined by the State Board of Education, and notice thereof given to the County Superintendents. All pupils passing such examination shall be granted a diploma by the County Superintendent of Public Instruction. No pupil under the age of fifteen years shall be permitted to enter the first year of any high school in the State of Idaho who has not passed the eighth grade examination satisfactorily and obtained his or her diploma; Provided: That Class A, Independent School Districts shall be exempted from the provisions of this section. Approved March 9, 1915. CHAPTER 58 (H. B. No. 394.) AN ACT CONSOLIDATION OF TO PROVIDE FOR THE COMMON SCHOOL DISTRICTS AND INDEPENDENT SCHOOL DISTRICTS. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. Whenever a majority of the heads of families who are residents of any common or independent school district within the State of Idaho shall petition the board of County Commissioners to be annexed to any adjoining independent school district, it shall be the duty of the County Commissioners through the clerk of the said board to cause notice of the filing of such petition to be made in the district affected thereby, by posting same in three public places in each district, one of which said places shall be on the door of the school house, and by publishing the same at least once a week for four consecutive weeks in the newspaper deemed by said County Commissioners most likely to give notice to the residents of said districts; said notice shall state the substance or prayer of the petition and shall specify a date upon which the same shall be voted upon in each of the school districts affected thereby, which said date shall not be earlier than thirty days from the date of the first publication of the notice in the newspaper as heretofore provided. SEC. 2. Upon the date specified in said notice of election there shall be an election held in each district affected by the proposed consolidation, and if a majority of those voting in each district vote in favor of such consolidation, the County Commissioners shall, upon the certification of the result thereof to them by the district trustees of the respective districts, declare the said districts consolidated. SEC. 3. The election provided in the preceding section shall be held in all respects as other elections are held under the provisions of the school laws of the State of Idaho. SEC. 4. Any districts consolidated under the provisions of this Act shall thereafter become independent school districts. SEC. 5. When two or more districts are consolidated if one is an independent school district Class A, the directors of such independent school district Class A shall be directors of the consolidated district. If none of the consolidating districts is an independent school district Class A, then the directors of the independent district employing the greater number of teachers shall serve as directors of the consolidated district until the next annual election. Approved March 9, 1915. CHAPTER 59 RELATING TO DAMS AND BOOMS IN THE CLEARWATER RIVER AND IN THE TRIBUTARIES THEREOF, AND SUBJECTING ALL PUBLIC SERVICE RENDERED BY ANY SUCH DAM OR BOOM OR THE OWNER THEREOF, for HIRE OR COMPENSATION, TO THE JURISDICTION, CONTROL AND REGULATION OF THE PUBLIC UTILITIES COMMISSION, AND TO THE PROVISIONS OF CHAPTER 61 OF THE LAWS OF IDAHO OF 1913; REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH ANY OF THE PROVISIONS OF THIS ACT. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That dams and booms may be constructed and maintained in the Clearwater river and the tributaries thereof in this State; Provided, however, that any such dam or boom has connected therewith, a sluiceway or other fixture, appliance or opening sufficient and so arranged as to permit floating timber in the form of loose logs, boards, planks, lumber, ties, poles, rails, posts, cord-wood or beams, but not in rafts, booms or brails, to pass around, through or over such dam or booms without unreasonable delay or hindrance. SEC 2. That this Act shall not be construed to render inapplicable to the construction and maintenance of any such dam the provisions of Section 154-a and 155 of the Idaho Revised Codes, being Sections 154-a and 155 of the Political Code of Idaho, nor to authorize any person to construct or maintain a dam or boom upon land owned by another person, or to flood, overflow or otherwise take, damage or interfere with land owned by another person, without the consent of such owner, unless the right to do so is first acquired by agreement, purchase, or condemnation; that every dam and boom erected or maintained under this Act and all reservoir or storage thereby created, or electrical generating and distribution plants and systems utilizing said dam, boom or storage, shall be subject to public use for reasonable compensation in connection with logging or milling operations on said Clearwater River and its tributaries. That for the special purposes of giving to the Public Utilities Commission of the State of Idaho full and complete right and authority to fix the rates and charges which may be made for said public uses and to make rules and regulations for the actual use thereof, every dam, boom, reservoir storage and electrical generating and distribution system constructed or maintained under this Act, shall be a public utility, subject to the control, jurisdiction and regulation of said Public Utilities Commission of the State of Idaho, and to the provisions of Chapter 61 of the laws of Idaho, of the Twelfth Session of the Legislature of the State of Idaho, for 1913, for the purposes just defined. SEC. 3. That all Acts and parts of Acts inconsistent or in conflict with this Act or any portion thereof are hereby repealed. Approved March 10, 1915. CHAPTER 60 (H. B. No. 239.) AN ACT TO AMEND SECTION 3948 OF THE REVISED CODES OF IDAHO, RELATING TO THE SELECTION OF JURORS. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 3948 of the Revised Codes of Idaho be, and the same is hereby amended to read as follows: Sec. 3948. In making up the jury list mentioned in Section 3947 of the Revised Codes of Idaho, the Board of County Commissioners must proceed to select and list from the poll lists of the several precincts in their respective counties, last returned to the clerk of their board, the names of a sufficient number of persons legally competent to serve as jurors so that said jury list will provide at least fifty jurors for each term of the District Court appointed or directed to be holden in said county for the ensuing year; and in making such selection, they must take the names of such only as are not legally disqualified or exempt from serving as jurors, who are of fair character, of approved integrity, and of sound judgment. As nearly as may be, they must choose the names of residents from each precinct in the same proportion which the total of the poll lists for each precinct bears to the total of all the poll lists for the entire county, and they must not accept or reject the name of any person because of his religious or political affiliations or beliefs. Approved March 10, 1915. CHAPTER 61 AN ACT RELATING TO THE TRAFFIC IN CERTAIN NARCOTIC DRUGS, REGULATING THE SALE THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ACT; REPEALING "AN ACT TO AMEND CHAPTER 21, TITLE 8 OF THE POLITICAL CODE, REVISED CODES OF IDAHO, BY ADDING THERETO SECTIONS 1400a, 1400b, 1400c, AND 1400d, ETC.", APPROVED MARCH 13, 1909, AND ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. It shall be unlawful to sell, to manufacture for sale, to transport for sale, to furnish or give to any person or persons within the State of Idaho any cocaine, alpha, or beta ucaine, opium, morphine, heroin, chloral hydrate, or any salt or compound of any of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts or compounds, otherwise than as in this Act specifically provided. SEC. 2. It shall be lawful for wholesalers, manufacturers and jobbers to sell the articles named in Section 1 of this Act to each other, or to regularly licensed retail druggists or physician. It shall be lawful for duly licensed retail druggists to sell the articles named in Section 1 of this Act to a regularly licensed and practicing physician, dentist, or veterinary surgeon, or, when the same enter into or form part of a written prescription duly made, dated and signed by a regularly licensed and practicing physician to the person presenting such prescription, according to the terms thereof and not otherwise; Provided, that all such prescriptions shall be kept on file by the retail druggist who fills them for a period of one year, and that no such prescription shall be refilled except on the written order of the physician making it. No copy or duplicate of any such prescription shall be made or delivered to any person. It shall be lawful for a duly licensed physician, dentist, or veterinary surgeon to furnish or administer any of the articles named in Section 1 of this Act to or for any patient under his immediate care or treatment, but to none other. It shall be lawful for wholesalers, manufacturers or jobbers of articles mentioned in Section 1 of this Act, or for regularly licensed retail druggists to sell the same to hospitals, colleges or scientific institutions upon the certificate of the head of such hospitals, colleges or institutions, or of a licensed physician connected therewith, that the same are desired for medical or scientific purposes. It shall be lawful for a regularly licensed druggist to sell proprietary preparations containing not more than fourtenths of one per cent. of opium, or not more than oneeighth grain of morphine, or not more than one-eighth grain of heroin, or not more than ten grains of chloral hydrate in one fluid ounce, or if a solid preparation, in one avoirdupois ounce, when the label on any such preparation shall show clearly the percentages of such articles contained therein. SEC. 3. Any dealing in, furnishing or giving away of any of the articles mentioned in Section 1 of this Act in any manner not specifically recognized as lawful by Section 2 of this Act shall constitute a felony which shall be punished upon conviction by imprisonment in the State penitentiary for not less than three nor more than ten years. SEC. 4. Any person who shall obtain for his own use, or otherwise any of the articles mentioned in Section 1 of this Act, except in the manner recognized as lawful by Section 2 of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than Two |