also in voting upon all amendments to the Constitution, and upon all laws or propositions or questions which may be lawfully submitted to such voters, and for receiving and registering the votes cast at any and every election.

Sec. 5. City and County may jointly own machines. In purchasing the necessary voting or balloting machines to be used at elections as herein provided, the boards of county commissioners or city councils. of the several counties, cities or towns, may by agreement entered into by said board of county commissioners and the city council of any incorporated city or town in such county, provide for the joint purchase and subsequent ownership thereof, and for the care, maintenance and use of the same.

Sec. 6. Requirements of voting machine. No voting or balloting machines shall be approved by the said Commission hereinbefore referred to unless the same be so constructed as to provide facilities for voting for the candidates of as many different parties or organizations as may make nominations for office, and for and against as many different propositions or amendments as may be submitted; nor shall any such machine be approved unless the same will permit a voter to vote for any person for any office; it must enable the voter to vote and select a ticket all from the nominees of one party, or a ticket selected in part from the nominees of one party, and in part from the nominees of any or all other parties, and in part from independent nominations, or in part or in whole of the names of persons not nominated by any party, or upon any independent ticket. Such machines must also secure to the voter privacy and secrecy in the act of voting. Such machines must also be so constructed that a voter cannot vote for a candidate or a proposition or amendment for whom or on which he is not lawfully entitled to vote, also to prevent voting for more than one person for the same office, in which event they must enable the voter to vote for as many persons for that office as he is by law entitled to vote, and no more; they must also prevent his voting more than once for the same person for the same office; and allow of his reversing his vote in case of mistake or desire to change; and such machines must be so constructed that all votes cast for any person voted for, or for or against any proposition or amendment submitted to the voters shall be accurately registered or recorded; and any machine to be approved by said Commission hereinbefore referred to must be of such kind, style or pattern as will permit the exercise of each voter of the full right and privilege of his elective franchise under the Constitution and laws of this State.

Sec. 7. County and city authorities to provide and care for màchines. The board of county commissioners or city council, or other board having charge and control of elections adopting a voting or balloting machine shall, as soon as practicable thereafter, provide for such

da

polling place or places as they may determine, one or more voting machines in complete working order and also such other accessories as may be required for the practical working of the machine and shall thereafter preserve and keep the machines in repair, and shall have the custody of the furniture and equipment. If it shall be impracticable to supply each and every election district with a voting or balloting machine or machines at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election districts or precincts within the county, city or town as the board having control may direct.

Sec. 8. Stationery and instructions. All necessary stationery and instructions to voters shall be delivered to the judges of election of each election district not later than twenty-four hours next preceding the election.

Sec. 9. Tally lists. Tally lists shall be so prepared that the results of such election may be clearly and accurately set forth and certified to by the judges of election.

The

Sec. 10. Duties of election judges. The judges of election of each election district shall meet at the polling place therein at least one hour before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard-rail the furniture, stationery, and voting or balloting machine, for the conduct of such election. judges of the election shall then and there have the voting or balloting machine, instructions to voters, and stationery, required to be delivered to them for such election. The judges of election shall thereupon cause at least two instruction cards to be posted conspicuously within the polling place. If not previously done, they shall adjust the voting or balloting machine so as to record and register the votes to be cast at such election, and adjust the registering and recording device of such machine so as to start at zero, and the same shall be subject to the inspection of the public before the opening of the polls.

Sec. 11. Voting machine to be in plain view. The exterior of the voting or balloting machine and every part of the polling place shall be in plain view of the election officers, and public. The voting or balloting machines shall be placed at least three feet from every wall and partition of the polling place, and at least three feet from the guardrail. A guard-rail shall be constructed at least three feet from the machine, with openings to admit electors, or officers of election to and from the machine.

Sec. 12. Voting to be secret. Voter only allowed two minutes. After the opening of the polls, the judges of the election shall not allow any voter to pass within the guard-rail until they ascertain that he is duly entitled to vote. The operation of voting by an elector while

voting shall be secret and obscured from all other persons, except as provided in cases of voting by assisting electors. No voter shall remain within the voting or balloting machine booth longer than two minutes, and if he shall refuse to leave it after the lapse of two minutes, he may be removed by the judges of election.

Sec. 13. Judges to ascertain and declare result of election. As soon as the polls of the election are closed, the judges of the election thereat shall immediately lock the voting or balloting machine against voting, and, in the presence and full view of the public who may be lawfully within the polling place, proceed to demonstrate and declare the result of such election as registered or recorded or received by the machine. As such result is so ascertained and declared, the judges of the election shall record it, and if found to be correct shall at once announce the same, enter it upon the tally sheet, and thereupon make returns of the election at such district, as provided by law.

Sec. 14. Record to be preserved six months. Exception. The judges of the election shall, as soon as the result is fully ascertained and declared, as in the preceding section required, lock the machine so that the record of each election shall be preserved for a period of six months following such election, except in cases where the machine is required for use in a subsequent election during such period, in which case the board of county commissioners, city council, or other board having charge and control of the election shall inspect the registering or recording and receiving device of the machines, and file a report of said inspection with the county clerk. Said report of said board of county commissioners or city council, when so certified and filed shall be prima facie evidence of the vote at such election. Any supplementary or duplicate record of an election, which may be furnished by a machine, shall be preserved by the county clerk for one year following such election.

Sec. 15. Misconduct at elections. The provisions of the law relating to misconduct at elections shall apply to elections with voting or balloting machines.

Sec. 16. Election districts, how created. For any election in any county, city or town, in which voting or balloting machines are to be used, the election districts in which such machines are to be used may be created by the officers charged with the duty of creating election districts, provided such is done ninety days prior to the approaching election so as to contain not to exceed six hundred votes each.

Sec. 17. Ballot defined. The list of candidates used or to be used on the voting or balloting machine shall be deemed an official ballot under this act, for an election district, in which a voting or balloting machine is used pursuant to law. The word "Ballot" as used in this act

means that portion of the card board or paper or other material within the ballot frames, containing the names of the candidates for office, or a statement of a proposed Constitutional amendment, or other question or proposition with the word "for" or the word "against," or "yes" or "no."

Sec. 18. Provisions of general election laws applies where voting machines used. The provisions of title 18, Revised Statutes of Utah, 1898, and all laws supplementary thereto or amendatory thereof in so far as they are applicable, shall apply where voting or balloting machines are used, as in this act provided.

Sec. 19. Id. All laws and parts of laws of this State relating to elections, and prescribing the powers and duties of election officers, shall, so far as applicable to the use of voting or balloting machines, remain in full force and effect; and all laws and parts of laws inconsistent herewith shall not be applicable in each county, city or town, or any election district thereof, wherein such voting or balloting machine or machines shall be used therein, and nothing in this act contained shall be construed as repealing any existing law or authorizing any deviations or omission therefrom, except as provided for or set forth herein.

Sec. 20. Penalty. Any willful violation of any provision of this act, or any willful injury to any voting or balloting machine, tending to injure its effectiveness, or to change the true expression given by the voters at any election shall be a felony and shall be punishable as such.

Approved this 9th day of March, 1905.

CHAPTER 86.

MEDALS FOR INDIAN WAR VETERANS.

An Act providing for a Medal of Honor for each of the Indian War veterans for actual service in suppressing Indian hostilities in Utah, during the years 1850 to 1872 inclusive.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. Medal for Indian War Veterans. The Governor and the Secretary of State are hereby authorized to procure a medal for each of the veterans of the Indian Wars who actually served in suppressing Indian hostilities in Utah during the years 1850 to 1872 inclusive.

Sec. 2. Design of. The design of said medal shall be such as may be determined upon by the Governor and the Secretary of State and

shall be made of bronze and shall be attached to and suspended by a red, white and blue ribbon. Upon the back of each medal shall be inscribed the name of the veteran entitled to receive it. When completed and at such times as may be deemed expedient, and after the presentation of proper evidence and proof of actual service in suppressing Indian hostilities between the years 1850 and 1872 inclusive, by each claimant to the Governor and the Secretary of State, a medal shall be presented to each of said Indian War veterans, or in case of his death, then to his nearest relative.

Sec. 3. Appropriation for. For the purposes of this act there is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated the sum of five hundred dollars, or so much thereof as may be necessary, to be disbursed upon the warrant of the State Auditor when duly authorized by the State Board of Examiners. Approved this 9th day of March, 1905.

CHAPTER 87.

MAKING CITY, TOWN, ETC., LIABLE WITH CONTRACTOR.

An Act making any city, town, village or school district liable jointly with the principal contractor upon public works, in actions instituted by sub-contractor or material men against such principal contractor.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. County, city, town or school district jointly liable with principal contractor. Any person, partnership or corporation who has done work or labor or furnished materials to any principal contractor for the construction or repair of any public work of any character for any county, town, city, village or school district, may maintain an action therefor in the county in which such work, labor or materials were done or furnished against such principal contractor and such county, town, city, village or school district, jointly, for the recovery thereof; but no judgment shall be rendered against any defendant therein, other than such principal contractor, for any amount greater than the amount due from it to such principal contractor at the time of the commencement of such action. Such county, town, city, village or school district, when served with the summons in any such action, may give notice thereof to such principal contractor and on so doing need not further defend such action. On rendition of judgment in such action against