When to ap of Land Commissioners; Provided, That no warrant shall be drawn on said fund by the State Auditor except upon the order of said State Board of Land Commissioners, setting out in full the purpose for which the same is made, and showing that the same was necessary and proper for the selection or preservation of public lands belonging to the State, accompanied by the affidavit of the person in whose favor the order is drawn, showing that the amount claimed is due and unpaid, and that there has been no collusion between him and said Board, or any member thereof, respecting the same. SEC. 4. Within thirty days after the passage of this act the State Board of Land Commissioners point Land Agent shall meet at the office of the Governor and organize and appoint such Agent. They may adopt such rules and regulations as may be necessary for their government and for carrying into effect the adopt general provisions of this act. May rules. APPROVED March 4, 1891. MINERAL LAND COMMISSIONER. and duties of Act Act to Provide a Mineral Land Commissioner for the State of Montana, to Define his Duties and Provide for his Compensation and Expenses. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. That there shall be appointed by Appointment the Governor as soon as practicable after the pasMineral Land sage of this act, a mineral Land Commissioner for the State of Montana, whose duty it shall be to Commissioner. prepare and publish a clear and concise statement of the facts in respect to the danger of millions of acres of the best gold, silver and copper bearing mineral lands of Montana becoming the property of the Northern Pacific Railroad Company. Duties of, as to SEC. 2. He shall cause to be collected and arranged the decisions of th: courts bearing upon this subject and such other facts as show the absolute necessity of congressional action, and shall prepare for introduction into Congress such an act or acts as will save, if passed, not only the discovered but the undiscovered mines and all the reserved mineral lands to the people. And he shall have these facts placed in the hands of the President and each member of Congress and the United States Senate, and Mineral Lands. he shall, as far as possible, have their attention called personally to this matter, and shall have these facts published throughout Montana and throughout the country as far as practicable. He shall secure proofs as to the mineral character of the mountainous portions of Montana claimed by this railroad company, and shall preserve either the original or certified copies of such proofs. It shall be his duty to employ counsel to protect the interests of Montana in her mines and mineral lands before the courts and United States land offices whenever he may deem the same is in danger. He shall also prepare or cause to be prepared a map or maps showing the mountainous mineral lands within the limits of the grant of the Northern Pacific Railroad Company in Montana, and showing such of these lands as have already been selected by this company, and in every way use his most earnest efforts to protect the mineral lands of Montana and to secure such congressional action as will save all these mineral lands and the mines contained therein from becoming the property of any railroad corporation. Duties of, as to Public Land SEC. 3. He shall also be required to guard and care for the interest of the State of Montana in all Grants to State. its grants of public lands from the Federal Government for school or other purposes; and he shall at Subject to State all times as to this branch of his duties be under the control of the State Board of Land Commissioners. Board of Land Commissioners penses. SEC. 4. His salary shall be $3,000.00 per annum, Salary and Ex- which, with the necessary expenses not to exceed $3,000.00 per annum, including counsel fees, shall be paid by the Treasurer of Montana upon the proper vouchers being furnished. First term o office. SEC. 5. The first Mineral Land Commissioner of Montana shall hold his office until March 4, 1893, unless sooner removed. APPROVED March 5, 1891. ESTRAYS. Stock Commis possession of Estrays. A Bill for An Act with Reference to Estrays Be it enacted by the Legislative Assembly of the State SECTION I. That the Board of Stock Commissioners may take sioners be and it is hereby authorized to take possession of all estray horses, mares, geldings, colts, mules and asses found running at large upon the public domain and dispose of the same subject to the following restrictions. SEC. 2. For the purpose of carrying this act into effect said Board of Stock Commissioners shall divide the State into suitable districts and as May district State and appoint occasion may require shall appoint some person re- Duties of such SEC. 3. Such person so appointed for such purpose shall hold the estrays so collected by him in officers. his possession and care for the same in the cheapest and most practical manner for a period of forty-two days from the time when such estrays have been so taken into his possession; during which time said estrays shall be advertised in one paper within the district where such estrays are held, and in one general stock paper of the State, once a week for a period of four consecutive weeks, which notice shall be in form as follows: "Notice is hereby given that I have taken into my possession the following estrays.... (here describe the animals) and that I hold the same at. .in the county of State of Montana. SEC. 4. At the expiration of the said forty-two days all animals not claimed by the owner or owners thereof shall be sold by the Board of Stock Commissioners in such manner and at such time and place as such Board shall deem best. At the time of said sale the said Board shall cause all animals to be branded with a brand to be adopted by said Board, which shall be a vent against all other brands upon such animals. SEC. 5. Said Board shall keep on file in its office a record giving as near as may be the age, color, sex and brands of all animals sold under this act, together with the gross and net amount realized for the same, which net amount shall be held by said Board subject to the order of the rightful owner, when such ownership is proven to the satisfaction of said Board. Advertising Es trays. When Commissioners to sell. When to brand. Record of Esstrays. record. SEC. 6. The Board of Stock Commissioners shall file annually a copy of the record of such aniFiling copies of mals sold during the preceding six months, with the Secretary of State and each of the County Clerks of the State, and said Board of Stock Commissioners shall also make such record a part of their annual report to the Governor. Expenses sales, etc. SEC. 7. All expenses attending the gathering, of holding, advertising and selling of such estray animals shall be paid out of the gross proceeds of the sale of such animals, and so much of the net proceeds of said sale. as is not claimed within the period of two years after such sale shall be covered Net proceeds. by the Board of Stock Commissioners into the State Treasury, and become a part of the Stock Inspector and Detective fund. person guilty of taking up Estray. SEC. 8. It is hereby made a misdemeanor for any unauthorized person to take up or in any manUnauthorized ner hold any estray animal except in the manner misdemeanor in now provided by law for trespassing animals, and any person so doing contrary to the provisions of this act shall be upon conviction thereof fined in the sum of not less than twenty-five dollars, nor more than one hundred dollars or be imprisoned in the county jail not less than ten nor more than sixty days, or shall be subject to both such fine and imprisonment. SEC. 9. An estray within the meaning of this act shall be considered an animal that after careful inquiry by the Inspector or person herein provided for to be appointed by the Board of Stock Commissioners in each of said districts among reputable resident stock owners or free holders is found to be apparently without ownership in that locality. Definition Estray. of APPROVED March 5, 1891. |