apiary which he believes infected, and notify the owner or person in charge of said bees thereof, in writing or other wise, and the owners of said bees, or the person in charge thereof, shall, within five days thereafter, practically and in good faith, apply and thereafter fully and effectually carry out to and upon such diseased colonies, such treatment as may have been prescribed by the inspector of bees for such cases; also thoroughly disinfect, to the satisfaction of such inspector all bee hives, combs, honey and apparatus that have been used in connection with any such diseased colonies; or, at his election, the said owner or person in charge of such bees may, within the same time, utterly and completely destroy such bees, hives, house, comb houses, honey and apparatus by fire, or bury the same in the ground, with a covering of not less than two feet of earth.

Own

SEC. 4. Every beekeeper or other person who shall be aware of the existence of foul brood, either in his apiary or elsewhere shall immediately notify the inspector of bees of the existence of such disease, and in default of so doing he shall be guilty of a misdemeanor and punishable by a fine of not more than five dollars and costs.

SEC. 5. The inspector of bees shall have the right to enter the premises of any bee keeper where bees are kept, and inspect such bees; and any person resisting or refusing to allow such inspection by said bee inspector shall be guilty of a misdemeanor, and may be then and there arrested by the said bee inspector or person deputized by him, and brought before a justice of the peace, and upon conviction shall be fined not less than ten dollars more than twenty-five dollars.

nor

SEC. 6. If any owner or keeper of bees knows of, or after being notified by the bee inspector that foul brood or other infectious or contagious disease exists in any of the hives in the apiary owned by or in charge of said person and shall fail to comply within ten days from receiving said knowledge, and the date of receiving instructions from the bee inspector to cure or destroy the bees or hives or their appliances, such person shall be guilty of a misdemeanor, and upon conviction thereof such person shall be fined not less than ten dollars nor more than twentyfive dollars.

SEC. 7. When the owner or possessor of bees shall dis

obey the directions of said inspector in curing or destroying any diseased bees, honey, hives, or appliances they shall become unlawful and a public nuisance, and the said bee inspector shall at once destroy said bees, honey, hives, or appliances, and may deputize such addtional persons as he may find necessary to effect such destruction.

SEC. 8. Should any person whose bees have been destroyed or treated for foul brood sell, or offer for sale, any bees, hives, or appurtenances of any kind, after such destruction or treatment, or before being authorized, by the inspector to do so, or should he expose, in his bee yard or elsewhere, infected comb, honey, or other infected thing, or conceal the fact that said disease exists among his bees, he shall be guilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than fifty dollars.

SEC. 9. Any person, persons, company, or corporation, who shall bring into the State of Idaho any apiary, colony or colonies of bees, shall immediately notify the State or deputy inspector of bees of such fact stating where any such colony or colonies are being kept, and it shall be the duty of the State or deputy inspector to proceed to examine such colony or colonies and ascertain whether or not they are free from foul brood or other infectious or contagious disease, any person, persons, company or corporation who shall fail to notify the State or deputy bee inspector as required by this section for a period of ten days after the arrival within the State of Idaho of such colony or colonies of bees, shall be guilty of a misdemeanor and punishable by a fine of not less than fifty dollars nor more than one hundred dollars.

SEC. 10. The inspector shall have full power, in his discretion, to order any owner or possessor of bees dwelling in box hives in apiaries where the disease exists (being mere boxes without movable frames) to transfer such bees to movable frame hives within a specified time, and in default of such transfer the inspector may destroy or order the destruction of such box hives and the bees dwelling therein.

SEC. 11. After inspecting infected hives or fixtures, or handling diseased bees, the inspector shall, before leaving the premises or proceeding to any other apiary, thoroughly disinfect his own person and clothing, and shall see that

any assistant or assistants with him have also thoroughly disinfected their persons and clothing.

SEC. 12. The State Bee Inspector shall make an annual report to the Governor of Idaho, giving the number of apiaries visited, the number of diseased apiaries found, the number of colonies treated, also the number of colonies destroyed and statistics bearing on the bee industries.

SEC. 13. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 14. Whereas, an emergency existing therefor, this act shall take effect and be in force from and after its passage and approval.

Approved on the 6th day of March, 1905.

HOUSE BILL NO. 165.

AN ACT

TO PROVIDE FOR THE FEES AND MILEAGE OF WITNESSES IN PRELIMINARY EXAMINATIONS, BEFORE PROBATE JUDGES AND JUSTICES OF THE PEACE, IN THE TRIAL OF CRIMINAL CASES; AND FOR FEES AND MILEAGE FOR JURORS AND WITNESSES AT CORONERS' INQUESTS, AND PROVIDING THE NUMBER OF WITNESSES THEREFOR.

Be It Enacted by the Legislature of the State of Idaho: SECTION 1. Witnesses before examining magistrates, and in criminal cases in the probate and justice court, and jurors and witnesses in a coroner's inquest, are entitled to two dollars per day, for each day actually engaged in the trial of a case, and twenty-five cents per mile, one way, which must be paid out of the county treasury: Provided, however, That when the State or defendant requires the attendance of more than three witnesses in its or his behalf, before such witnesses shall be subpoenaed, at the county expense, or their fees and mileage be a charge against the county, the County Attorney or defendant must make affidavit setting forth that they are witnesses whose evidence is material for the State or the defense and the facts showing such materiality and that it or he cannot safely go to trial without them. In such cases the court or judge thereof, at the time application is made therefor, shall order a subpoena to issue to such of said witnesses as the court or judge thereof may deem material for the State or defendant, and the costs incurred by the process and the fees and mileage of such witnesses shall be

paid in the same manner that the costs and fees of other witnesses are paid.

SEC. 2. Each juror and witness must state on oath to the judge, justice or coroner, the number of miles traveled for which he is entitled for pay; but no juror or witness shall receive mileage other than for the distance actually traveled notwithstanding he may serve or testify in more than one case.

SEC. 3. All acts and parts of act in conflict with this act are hereby repealed.

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

Approved on the 9th day of March, 1905.

HOUSE BILL NO. 166.

AN ACT

TO AMEND SECTION NINE OF AN ACT ENTITLED "AN ACT TO REGULATE THE APPROPRIATION AND DIVERSION OF THE PUBLIC WATERS AND TO ESTABLISH RIGHTS TO THE USE OF SUCH WATERS, AND THE PRIORITY OF SUCH RIGHTS," APPROVED MARCH 11, 1903.

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

SECTION 1. That Section 9 of an act entitled "An act to regulate the appropriation and diversion of the public waters and to establish rights to the use of such waters and the priority of such rights," approved March 11, 1903, be and the same is hereby amended to read as follows:

Section 9. Such licenses shall be binding upon the State as to the right of such licenses to use the amount of water mentioned therein, and shall be prima facie evidence as to such rights; and all rights to water confirmed under the provisions of this act, or by any decree of the court, shall become appurtenant to and shall pass with conveyance of the land for which the right of use is granted. And the right to continue the beneficial use of such waters shall never be denied nor prevented from any cause other than the failure on the part of the user or holder of such rights to pay the ordinary charges or assessment which may be made or levied to cover the expenses for the delivery or distribution of such water, or for other reasons set forth in this act: Provided, That when water is used for irrigation, no such licenses or decree of the court allotting such waters shall be issued confirming the right to the use of more

than one second-foot of water for each fifty acres of land so irrigated, unless it can be shown to the satisfaction of the State Engineer in granting such licenses and to the court in making such decree that a greater amount is necessary, and neither such licenses nor any one claiming a right under such decree shall at any time be entitled to the use of more water than can be beneficially applied on the lands for the benefit of which such right may have been confirmed, and the right to the use of such water confirmed by such licenses shall always be held subject to the local or community customs, rules and regulations which may be adopted from time to time by a najority of the users from a common source of supply, canal or lateral from which such water may be taken, when such rules or regulations have for their object the economical use of such water.

SEC. 2. Whereas, an emergency exists therefor, this act shall take effect and be in force from and after its passage and approval.

Approved on the 9th day of March, 1905.

HOUSE BILL NO. 167.

AN ACT

PROVIDING FOR THE APPOINTMENT OF A STATE BANK COMMISSIONER, PRESCRIBING HIS QUALIFICATIONS, DUTIES AND COMPENSATION; FIXING THE CAPITAL REQUIRED TO DO A BANKING BUSINESS, AND PROVIDING FOR THE EXAMINATION, REGULATION AND CONTROL OF BANKS AND BANKING BUSINESS AND FIXING THE FEES FOR SUCH EXAMINATIONS; PROVIDING FOR THE FORMATION AND CONDUCT OF BANKING CORPORATIONS AND FOR THE SALE OF DELINQUENT STOCK THEREOF, AND FIXING THE QUALIFICATION AND LIABILITY OF OFFICERS, DIRECTORS AND STOCKHOLDERS OF BANKS AND BANKING CORPORATIONS; PROHIBITING BANKING, EXCEPT UNDER THE PROVISIONS OF THIS ACT; PROVIDING FOR THE LIQUIDATION OF BANKS AND THE DISTRIBUTION OF THE ASSETS THEREOF; MAKING AN APPROPRIATION FOR CARRYING OUT THE PURPOSES OF THIS ACT; DECLARING AN EMERGENCY, PRESCRIBING PENALTIES, AND REPEALING OTHER ACTS IN CONFLICT WITH THIS ACT.

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

SECTION 1. The Governor shall appoint, by and with the advice and consent of the Senate, a bank commissioner for the State of Idaho, whose term of office shall be four years, unless sooner removed for cause, and until his suc