Now, Therefore, It is hereby ordered and declared that the
said sum of $6,842.50 was not money belonging to the state
of Idaho and was placed and deposited by the state to the
permanent school fund through error and mistake; and that
said sum shall be refunded and paid by the state of Idaho
to the said United States department of agriculture, forest
division, from the said school fund into which
said money was by the state deposited; and there is
hereby appropriated from the permanent public school fund
of the state the said sum of $6,842.50 from which to make
such repayment. Upon the filing of a claim by the United
States department of agriculture, forest division, for said
amount the state board of examiners are hereby authorized
and directed to allow said claim and order the same paid
from said fund, and the state auditor is hereby authorized
to draw his warrant upon said fund for the same, and the
state treasurer is hereby ordered and directed to pay the
said amount from said fund.

SEC. 2. An emergency existing therefor, because of the

long standing of said claim and the necessity of the state

making immediate refund, which emergency is hereby de-

clared to exist, this act shall take effect and be in full force

and effect from and after its passage and approval.

Approved February 2, 1923.

CHAPTER 5

(H. B. No. 12)

AN ACT

REPEALING SECTION ONE (1) OF CHAPTER 262 OF THE 1921

SESSION LAWS OF THE STATE OF IDAHO, RELATING TO

LICENSE AND BOND FOR THE SALE OF TOBACCO, AND

DECLARING AN EMERGENCY.

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

SECTION 1. That section one (1) of Chapter 262 of the

1921 Session Laws of Idaho relating to the license and bond

for the sale of tobacco, and the whole of said section one (1)

be, and the same is hereby repealed.

SEC. 2. 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 February 5, 1923.

CHAPTER 6

(S. B. No. 11)

AN ACT

MAKING AN APPROPRIATION OF TWENTY-FIVE THOUSAND

DOLLARS FROM THE GENERAL FUND OF THE STATE TREAS-

URY OF THE STATE OF IDAHO NOT OTHERWISE APPRO-

PRIATED FOR THE USE OF THE VETERANS' WELFARE

COMMISSION FOR THE USE AND PURPOSES AS PROVIDED

IN CHAPTER FORTY-SIX, 1921 SESSION LAWS, SAID AMOUNT

TO BE IN ADDITION TO THE UNUSED APPROPRIATION

ALREADY MADE BY SAID CHAPTER FORTY-SIX, 1921 SES-

SION LAWS, AND REAPPROPRIATING THE UNUSED POR-

TION OF THE MONEYS APPROPRIATED FOR SAID WELFARE

COMMISSION UNDER THE PROVISIONS OF SAID CHAPTER

FORTY-SIX, AND DECLARING AN EMERGENCY.

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

SECTION 1. There is hereby appropriated from any

moneys in the general fund of the state treasury not other-

wise appropriated, the sum of $25,000 to be used by the

Veterans' Welfare Commission for the use and purposes set

forth in Chapter 46, 1921 Session Laws; said sum herein

appropriated is to be used in addition to the unused balance

of the appropriation made for such purpose under section

five of said Chapter 46, 1921 Session Laws; the unused bal-

ance of the said appropriation made in section five of said

Chapter 46, is hereby expressly reappropriated for the pur-

poses set forth in said Chapter 46.

SEC. 2. Whereas, An emergency exists therefor, which

emergency is declared to exist, this act shall be in force and

effect from and after its passage and approval.

Approved February 6, 1923.

CHAPTER 7

(S. B. No. 52)

AN ACT

TO AMEND SECTION 2906, CHAPTER 130, OF THE COMPILED

STATUTES OF IDAHO, AS AMENDED BY CHAPTER 27 OF

THE 1921 SESSION LAWS, RELATING TO THE PAYMENT OF

RENT ON LEASES OF STATE LAND, EXCEPT MINERAL

LEASES; REPEALING ALL ACTS AND PARTS OF ACTS IN

CONFLICT HEREWITH, AND DECLARING AN EMERGENCY.

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

SECTION 1. That Section 2906, Chapter 130, Compiled

Statutes of Idaho, as amended by Chapter 27 of the 1921

Session Laws, be, and the same is hereby, amended to read

as follows:

Section 2906. All leases of State land, except mineral

leases, shall be conditional upon the payment of rental

annually in advance, and a violation of this condition shall

work a forfeiture of the lease, at the option of the State

Board of Land Commissioners, after 30 days' notice to the

lessee, such notice being sent to the post office of the lessee,

as given by himself to the state land commissioner when the

lease is issued. Provided, however, that upon the application

of any person, firm, corporation or association from whom

such rent for the years 1923 and 1924 is or will be

owing, the state board of land commissioners is hereby given

authority and power to, in its discretion, extend the time of

payment of such moneys for said leases for the years 1923

and 1924 to November 1st of the respective year; Provided,

That the applicant enters into an agreement with the said

state board of land commissioners to pay the interest on

said amount of rent money from January 1st of the year in

which the same is otherwise due, to the date of payment,

at the rate of seven per cent per annum; that this authority

shall extend to amounts due on outstanding leases, leases

renewed and new applications for leases; Provided, further,

That the state board of land commissioners may, in its dis-

cretion, require a bond of each of such applicants in form

and with such sureties as may be approved by said State

land commissioner, conditioned that the said applicant will,

on or before the date to which such extension was made,

pay to the state the said rent money and the interest; that

such bond shall be required by the state board of land com-

missioners in all cases where the applicant applies for a new

lease.

SEC. 2. All acts and parts of acts in conflict with the

provisions of this act are hereby expressly repealed.

SEC. 3. An emergency existing therefor, this act shall

take effect and be in full force from and after its passage

and approval.

Approved February 6, 1923.

CHAPTER 8

(S. B. No. 54)

AN ACT

AMENDING SECTION 5554 OF CHAPTER 216, COMPILED STAT-

UTES OF THE STATE OF IDAHO, RELATING TO PROCEEDING

BY LIENHOLDER UPON UNPATENTED MINING CLAIMS TO

PREVENT FORFEITURE, AND DECLARING AN EMERGENCY.

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

SECTION 1. That section 5554, Chapter 216 of the Com-

piled Statutes of the State of Idaho be and the same is

hereby amended to read as follows:

Section 5554. ORDER FOR PERFORMANCE OF ASSESSMENT

WORK. Whenever a judgment, attachment or mortgage
creditor has a lien upon unpatented mining claims in this
state and the annual assessment work required by the pro-
visions of section 2324 of the Revised Statutes of the United
States, as amended by act of congress of August 24, 1921, has
not been performed upon such mining claims by the 1st
day of June in any year, the judgment, attachment or
mortgage creditor may apply to the court having jurisdic-
tion for an order allowing such judgment, attachment or
mortgage creditor to perform such annual assessment work
upon such unpatented mining claims in order to prevent
a forfeiture of such mining claims and to preserve the lien
of the judgment, attachment or mortgage until the final
issuance of sheriff's deed.

SEC. 2. An emergency existing therefor, which emergency

is hereby declared to exist, this act shall take effect and shall

be in force from and after its passage and approval.

Approved February 6, 1923.

CHAPTER 9

(H. B. No. 22)

AN ACT

GRANTING AUTHORITY TO THE COMMISSIONER OF RECLA-

MATION TO EXTEND THE TIME WITHIN WHICH THE

WORK OR WORKS UNDER THE PROVISIONS OF A PERMIT

TO APPROPRIATE THE PUBLIC WATERS OF THE STATE OF

IDAHO SHALL BE COMPLETED, AND DECLARING AN

EMERGENCY.

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

SECTION 1. That in addition to the duties and authority
prescribed by section 5570, Compiled Statutes of Idaho, the
commissioner of reclamation may, upon receipt of an appli-
cation in such form and setting up such facts as he may
designate, requesting an extension of time within which to
make proof of completion of works under any permit on
which proof of completion of works is, or may be, required
on or before January 1, 1925, extend the time within which
such permit holder shall be required to make proof of com-
pletion of works upon the said permit or permits, so that
the additional time granted shall in no case exceed two years,
provided the owner of such permit shall have furnished satis-
factory evidences of his good faith, together with a satisfac-
tory showing as to the necessity for such extension of time.
Provided, however, That upon receipt of such application,
and before final action is taken therein, it shall be the duty
of the commissioner of reclamation to hold a public hearing
at which any and all persons owning or in possession of
a right to the use of any waters of a stream or source of
supply affected by the said extension, may have an oppor-
tunity to be heard, either orally or by affidavits; and Provided
further, That it shall be the duty of the commissioner of
reclamation to cause a notice of such hearing to be pub-
lished at the expense of the applicant, in a newspaper of
general circulation in the county in which the works con-
templated by said permit are located, for at least two
consecutive issues setting forth the number of the permit,
the name of its owner or owners, the amount of water called
for in the said permit, the source of supply, and the time
and place when and where such hearing is to be held;
Provided, also, That no extension shall be granted under the
provisions of this act, unless the application for extension
herein referred to shall have been filed in the office of the
department of reclamation at least twenty days in advance
of the date when such proof of completion is due.

SEC. 2. Extension of time for the completion of works
granted under this act shall automatically extend the time
for making proof of application of water to beneficial use.

SEC. 3. Since this act is to provide for the present emerg-
ency, it shall remain in force and effect only until Janu-
ary 1, 1925.

SEC. 4. An emergency existing therefor, this act shall
take effect and be in force from and after its passage and
approval.

Approved February 8, 1923.