or sell to its contributors. A statement which shall show the name and location of the investment company, and an itemized account of actual financial condition, and the amount of its property and liabilities, and such other information, touching its affairs as said department of finance may require.

If such investment company shall be a copartnership or an unincorporated association, it shall also file with the department of finance a copy of its articles of copartnership or association, and all other purposes pertaining to its organization, and if it be a corporation organized under the laws of Idaho it shall also file with the department a copy of its articles of incorporation, constitution and by-laws, and all other papers pertaining to its organization.

If it shall be an investment company organized under the laws of any other state, territory or government, incorporated or unincorporated, it shall also file with the said department a copy of the laws of such state, territory or government under which it exists or is incorporated, and also a copy of its charter, articles of incorporation, constitution and by-laws and all amendments thereof which have been made and all other papers pertaining to its organization.

SEC. 2. That Section 5311 of Chapter 206, Idaho Compiled Statutes, be and the same is hereby amended to read as follows:

Section 5311. Any investment company may appoint one or more agents, but no such agent shall do any business for said investment company in this state until he shall first register with the department of finance as agent for such investment company, and for each of said registrations there shall be paid to the department of finance the sum of five ($5) dollars for foreign companies, and three ($3) dollars for domestic companies. Such registration shall entitle such agent to represent said investment company as its agent until the 1st day of March following, unless said authority is sooner revoked by the department; and such authority shall be subject to revocation at any time by the department for cause appearing to it sufficient.

SEC. 3. An emergency existing therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force and effect from and after its passage and approval.

Approved March 9, 1923.

CHAPTER 102

(S. B. No. 145)

AN ACT

TO AMEND SECTION 2 AND SECTION 3 OF CHAPTER 74 OF THE LAWS OF 1921 PROVIDING RESTRICTIONS AS TO WEIGHT AND SIZE OF MOTOR VEHICLE AND OTHER VEHICLES AS USED UPON THE ROADS AND HIGHWAYS OF THIS STATE AND PROVIDING FOR SPECIAL PERMIT; PRESCRIBING PENALTIES AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. Section 2 of Chapter 74 of the Laws of 1921 is hereby amended to read as follows:

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Section 2. * * * No vehicle having a load of over five hundred (500) pounds per inch width of tire upon any wheel concentrated upon the surface of the highway (said width in the case of * * * pneumatic tires to be measured between the flanges of the rim) and no vehicle having a tire two (2) inches or less in width having a load over three hundred fifty (350) pounds per inch width of tire, shall be operated on the roads or highways of this state; Provided, That in special cases vehicles whose weight, including loads, exceeds those herein prescribed, may be operated under special permits granted as hereinafter provided; and Provided further, That the weight limits above specified may be reduced when in the judgment of the commissioner of public works the roads would be damaged by the use of loads of the specified weight limits, as defined above. If in the judgment of the commissioners of any county, highway district or good roads district or of the officers of any municipal corporation within the state, or of any of their employees authorized by them to act, or by any of the employees of the department of public works authorized by the commissioner to act, the use of any load is causing damage to the roads or highways, said commissioners or their authorized employees or the authorized employees of the department of public works, may order suspension of said traffic for a period of not to exceed fifteen days, pending action by the Commissioner of public works relative to the deduction of the weight limits.

It is the intent of this act to adequately provide for the proper protection of the roads and highways of the state against damage by excessive weight or abnormal traffic, and to that end, the cooperation of the commissioners of counties, highway districts and good roads districts of the state and their authorized employees, and the commissioner of public works and authorized employees of the department of public works, is hereby required.

It is not the intent of this act to impose conditions which might unduly hamper industry or unduly prescribe the operation of vehicles used in trade and industry; and to this end, all regulations made in accordance with the provisions of this act, shall be reasonable regulations and shall not extend beyond a point which in the judgment of the commissioner of public works is necessary for the preservation of the roads and highways; Provided, further, That commissioners of counties, highway districts and good roads districts of the state, in the case of roads or highways other than state highways, and the commissioner of public works of the state of Idaho, in the case of state highways, are hereby authorized, when in their judgment any traffic over such roads or highways is of such a nature as may be deemed abnormal, or of a nature which will cause undue damage to the roads and highways, to require payment of a fee per ton, per 100 lbs., per 1,000 ft. board measure, or according to any other unit of weight, load or capacity, sufficient to provide for the cost of extra maintenance made necessary by such traffic, if permitted to operate over the roads and highways.

SEC. 2. Section 3 of Chapter 74 of the Laws of 1921 is hereby amended to read as follows:

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Section 3. The special permit required by Section 2 for the operation of a vehicle whose size or weight with load exceeds the limit prescribed in this act, shall be in writing and be issued at the discretion of the * * * commissioner of public works of this state. * Such permit may be issued for a single trip or for a definite period not beyond the date of expiration of the vehicle registration, and may designate the highways and bridges to be used. When permits are requested for operation over roads or highways other than state highways, the application for such permit must be approved by the officers or commissioners having jurisdiction over such roads or highways before being presented to the commissioner of public works.

SEC. 3. Failure to comply with an order for suspension of traffic, issued by any of the authorities authorized to make such orders according to the provisions of this act, or violation of any of the other provisions of this act, shall be a misdemeanor, and any person or persons convicted of such violation shall be subject to a fine of not to exceed $250.00, and to the cancellation of registration of each motor vehicle operated in violation of any order for suspension of traffic and the cancellation of the license of the operator of such vehicle.

SEC. 4. Whereas an emergency exists therefor, this act shall take effect and be in force from and after its passage and approval by the governor.

Approved March 9, 1923.

CHAPTER 103

(H. B. No. 167)

AN ACT

ADDING A NEW SECTION TO ARTICLE 2, CHAPTER 51, OF THE IDAHO COMPILED STATUTES FOR 1919, TO BE KNOWN AND DESIGNATED AS SECTION 1177-A; PROVIDING FOR THE DEFENSE OF ANY PERSON ACCUSED OF INSANITY OR OF BEING OF UNSOUND OR DISORDERED MIND AS DEFINED IN SECTION 1177 OF THE IDAHO COMPILED STATUTES; PROVIDING THAT THE JUDGE BEFORE WHOM SUCH PERSON IS TAKEN OR IS TO BE EXAMINED, SHALL APPOINT A QUALIFIED ATTORNEY TO DEFEND SUCH PERSON SO ACCUSED OR CHARGED OF BEING DISORDERED IN HIS MIND; PROVIDING WHAT ATTORNEY IS QUALIFIED TO ACT IN SUCH CASES; PROVIDING WHEN SUCH APPOINTMENT OF SUCH ATTORNEY SHALL BE MADE; PROVIDING A FEE TO BE PAID SUCH ATTORNEY AND LIMITING THE POWER OF SUCH JUDGE TO COMMIT PERSONS DISORDERED IN MIND TO THE INSANE ASYLUM; PROVIDING FOR RIGHTS WHICH THE PERSONS CHARGED WITH BEING DISORDERED IN MIND SHALL HAVE BEFORE BEING COMMITTED TO THE INSANE ASYLUM, AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That a new section be added to Article 2, Chapter 51, of the Idaho Compiled Statutes for 1919, to be known as Section 1177-A, which said section should read as follows:

Section 1177-A. Whenever a person is charged with being so far disordered in his mind as to endanger health, persons, or property or shall be charged with being insane, it shall be the duty of the judge before whom the accused person is brought for examination to immediately ascertain from such person or otherwise if said person so accused or charged is represented by an attorney and the said judge shall not proceed with any examination of said accused until such person is so represented; and if such person is not represented by an attorney, before any further proceedings shall be had it shall be the duty of said judge to immediately designate and appoint a licensed and practicing attorney of the county in which such examination is being had who has been a licensed and practicing attorney for not less than three years in Idaho immediately preceding his appointment, to defend said person so accused of being disordered in his mind or otherwise insane; and it shall be the duty of said attorney so appointed to immediately examine into the merits of said

charge or affidavit specified in Section 1177 and to defend the rights of the person so accused; and no person shall, after the taking effect of this act, be committed to an insane asylum unless the commitment or the record of the proceedings affirmatively shows that such person was represented by counsel as herein specified, and the judge shall have no jurisdiction to commit a person to the insane asylum unless this section has been complied with. If the person accused of being disordered in his mind is unable to pay for the services of said attorney the judge, before whom said examination is had, shall allow such appointed attorney a sum not less than $10.00 nor more than $25.00 which shall be certified by the judge to the county commissioners; and it shall be the duty of said county commissioners to audit and allow such claim. Provided, however, That in case of a protracted trial the judge may, in his discretion, allow a further compensation not to exceed the sum of $50.00; provided, however, That nothing in this act shall be construed to prevent the accused person from employing any attorney at his own expense that he may see fit.

SEC. 2. WHEREAS, An emergency exists therefor, which emergency is hereby declared to exist, this act shall take effect and be in full force from and after its passage and approval.

Approved March 9, 1923.

CHAPTER 104

(H. B. No. 185)

AN ACT

AMENDING SECTION 806, CHAPTER 41, IDAHO COMPILED STATUTES RELATING TO A REFERENDUM VOTE FOR THE ESTABLISHMENT OF HIGH SCHOOLS WITH A SMALL ENROLLMENT.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 806 of the Compiled Statutes of Idaho be, and the same is hereby amended to read as follows:

Section 806. STATE BOARD OF EDUCATION TO GRADE AND CLASSIFY HIGH SCHOOLS. The state board of education of the state of Idaho is hereby empowered to grade and classify the high schools of the state into grades and classes, known as one, two, three, and four-year high schools; the state board of education is hereby empowered to adopt and pub