CHAPTER 116.

SENATE BILL NO. 360.

State Reporter-Assistant.

AN ACT providing for the appointment of a temporary assistant to the State Reporter, prescribing qualifications, duties and salary, and making an appropriation therefor.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

State Reporter-Assistant.

Section 1. For the purpose of having the opinions of the Supreme Court Commissioners properly edited, compiled and published in the Oklahoma Reports, there is hereby created the position of assistant to the State Reporter, whose salary shall be Two Hundred ($200.00) Dollars, per month, payable in the same manner and at the same time other salaries are now paid in the office of State Reporter. Said Assistant shall be appointed by the Supreme Court of the State in the manner other employees of the State Reporter's office are now appointed, to serve at the pleasure of the Supreme Court. The said assistant shall be a duly licensed attorney at law. The position hereby created shall expire ninety days after the expiration of the tenure of the Supreme Court Commissioners. Appropriation.

Section 2. There is hereby appropriated, out of any money in the State Treasury not otherwise appropriated, for the fiscal year ending June 30, 1924, for payment of salary of the Assistant State Reporter created by this Act, the sum of $2,400.00, and for the fiscal year ending June 30, 1925, a like sum of $2,400.00, or so much thereof as may be necessary.

Approved April 9, 1923.

CHAPTER 117.

SENATE BILL NO. 361.

County Assessors.

AN ACT fixing the salaries of the County Assessor and his First Deputy, the County Treasurer, and the Stenographer and assistant Stenographer in the office of the County Attorney, in all Counties having a population of not less than one hundred thousand nor more than one hundred fifteen thousand, according to the last preceding Federal Decennial Census, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

County Assessors-Deputy-Salary.

Section 1. That in all counties having a population of not less than One Hundred Thousand (100,000), nor more than One Hundred Fifteen Thousand (115,000) inhabitants, according to the last preceding Federal Decennial Census, the County Assessor shall receive as his full compensation to be paid by the county, as now provided by law, the sum of Four Thousand ($4,000.00) Dollars, per annum; and the first Deputy Assessor of such counties shall receive as his full compensation to be paid by the County, as now

provided by law, the sum of Three Thousand, Six Hundred ($3,600.00) Dollars, per annum; and in all such counties the County Treasurer shall receive as his full compensation to be paid by the county, as now provided by law, the sum of Four Thousand ($4,000.00) Dollars, per annum. A stenographer in the office of the County Attorney shall receive as full compensation Eighteen Hundred ($1,800.00) Dollars, per annum, and an assistant stenographer in the office of the County Attorney shall receive as full compensation Fifteen Hundred ($1,500.00) Dollars, per annum; Provided, the terms of this Act shall not be operative as to elective officers until after the general election to be held in November, 1925. Emergency.

Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved April 9, 1923.

CHAPTER 118.

SENATE BILL NO. 366.

Cotton Grader.

AN ACT creating a Cotton Grader and a Deputy Cotton Grader to be appointed by the Board of Agriculture; defining their duties, fixing their salaries, providing for clerical help and expenses connected therewith, adopting standards, providing for rules and regulations by the board, fixing penalties and making an appropriation.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

State Board of Agriculture-Cotton Grader.

Section 1. The State Board of Agriculture is hereby authorized and directed to appoint a suitable person as State Cotton Grader for the State of Oklahoma who shall have first been licensed as a grader of cotton by the Secretary of the United States Department of Agriculture and who shall also be an experienced stapler of cotton. He shall receive an annual salary of Thirty-six Hundred ($3,600.00) Dollars, payable as other State employees. There shall also be appointed a deputy grader who shall have the same qualifications as the State grader and he shall be paid an annual salary of Three Thousand ($3,000.00) Dollars; a file clerk and stenographer whose salary shall be Fifteen Hundred ($1,500.00) Dollars, per annum. Federal Cotton Standards.

Section 2. The Federal cotton standards of the United States as established and promulgated from time to time by the United States Department of Agriculture, are and shall, while they are in effect, be the official cotton standards of this State.

Office.

Section 3. The State Cotton Grader shall maintain his office in the offices of the State Board of Agriculture, for which the Board

of Agriculture shall purchase necessary furniture and paraphernalia for the use of the grader in classifying and grading cotton samples.

Owners of Cotton Gins.

Section 4. It shall be the duty of every owner or manager of a cotton gin in this State, when authority is so given by the Board of Agriculture, to take a correct sample of each bale of cotton, when so requested by the owner thereof, and place said sample in a cardboard container, said container to be furnished the owner by the Board of Agriculture, on request at actual cost, and he shall write in ink on the places provided for on the container the following information; the number of the bale, the weight, the owner thereof, the owner's post office address, the date when sample was taken, the owner or manager's name and the place where the gin is located. For this service the ginner shall be allowed to collect not to exceed Twenty-five (25c) cents for each bale from which a sample is taken, said charge to be paid by the owner of the cotton. The ginner shall send said sample to the State Cotton Grader. State Board of Agriculture, Oklahoma City, who shall at once grade and classify said sample of cotton and shall write on the container in which the sample is sent the proper grade and class of said sample of cotton. He shall immediately notify the owner of said sample the grade and class of said sample. The State Grader shall keep a full and complete record of each and every sample of cotton graded and classified, and he shall keep all samples sent in for grading and classification properly identified for at least six months from the date of receiving same.

Samples.

Section 5. When requested by the owner of any cotton that is stored in a local warehouse that is under the supervision of the warehouse commissioner, the grader or manager of said local warehouse shall draw a sample of said cotton according to the requirements of the owner or manager of gins as provided for in Section 4, and shall likewise transmit to the State Cotton Grader the sample for grading and classification. When said sample is graded and classified the State Cotton Grader shall immediately notify in writing the owner of said sample the grade and classification that was given his sample by the State Cotton Grader.

State Cotton Grader-Advice.

Section 6. It shall be the duty of the State Cotton Grader to assist and advise every cotton grower, cotton group, cotton nool or farm organization whose cotton has been graded and classified by the State Cotton Grader in obtaining a market for the cotton based on the grade and classification of the cotton as made by the State Cotton Grader.

Rules and Regulations.

Section 7. The State Board of Agriculture is hereby authorized to promulgate rules and regulations not inconsistent with this Act, shall govern the methods of sampling, grading and classifica

tion of cotton and any other requirements that may be reasonable and necessary to carry this Act into effect.

Duties-Failure to Perform.

Section 8. The neglect, failure or refusal to perform any of the duties required by any section of this Act or by the rules and regulations of the State Board of Agriculture by any owner or manager of a cotton gin or any manager or cotton grader of a warehouse that is under the supervision or is directly connected with the State Warehouse Act or the State Warehouse Commission or who shall wilfully impart to the State Cotton Grader any false information on the cotton container as hereinbefore provided for shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars, or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment.

Bonds.

Section 9. The State Cotton Grader and Deputy shall each give good and sufficient bonds payable to the State, conditioned upon the faithful performance of their duties as provided for in this Act.

False Grades.

Section 10. If the State Cotton Grader or his deputy shall wilfully give a false grade or classification on any sample sent him for grading and classification, he shall be guilty of a crime and upon conviction thereof, he shall be punished by a fine not exceeding Five Thousand ($5,000.00) Dollars, or by imprisonment in the State penitentiary not to exceed five years, or by both such fine and imprisonment.

Appropriation.

Section 11. For the purpose of carrying this Act into effect, there is hereby appropriated out of any money in the State Treasury not otherwise appropriated, the sum of Ten Thousand ($10,000.00) Dollars, for the fiscal year ending June 30, 1924, and a like sum for the fiscal year ending June 30, 1925, said money to be used in paying salaries for services herein provided, or for additional services that the Board may consider necessary and such other expenses connected therewith.

Conspiracy.

Section 12. It shall be unlawful for any person to conspire or collude with any other person to transfer any cotton at a false class or to lower the price of cotton or to prevent or try to prevent for any period of time any cotton buyer from buying cotton or from paying the full market price for cotton, or to use any means whatsoever to prevent full, fair and free competition in any transaction or series of transactions, in connection with the marketing of cotton. Any person who shall intentionally falsely grade or class any cotton, shall be guilty of a misdemeanor and in addition to the punishment prescribed by law, shall be liable to the party whose cotton has been misgraded, for five times the amount of loss sustained by reason of such misgrading.

Expenses.

Section 13. Where provision is made herein for traveling allowance, the expenses of same shall be computed on the following basis: All claims made for traveling expenses within this State shall be limited to actual transportation charges, and the sum of Four ($4.00) Dollars, per day, in lieu of all subsistence, and no claim for traveling allowance or subsistence shall be made unless the party making claim for same is actually traveling upon business for this State, and under orders from the head of the Department for which he is working, and no claim shall be approved or allowed in excess hereof by the State Auditor, and if the State Auditor shall approve, allow or pay any claim in excess hereof, he shall be guilty of malfeasance and liable for the amount of the same on his official bond, and the State Examiner and Inspector shall prepare forms for use in filing claims in conformity with the above provisions herein set forth.

Partial Invalidity Clause.

Section 14. In the event any of the provisions of this Act shall be held unconstitutional the same shall not affect the enforcement of the other provisions.

Approved April 9, 1923.

CHAPTER 119.

SENATE BILL NO. 369.

J. L. Wilson.

AN ACT making appropriation to pay J. L. Wilson for horses killed by order of the state veterinary department, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

Appropriation.

Section 1. There is hereby appropriated out of any of the money in the State Treasury, not otherwise appropriated, the sum of Fourteen Hundred ($1,400.00) Dollars, to be paid to J. L. Wilson of Ardmore, to reimburse him for ten (10) head of horses killed by order of the State Veterinary Department on the presumption that said horses were infected with the disease commonly known as glanders.

Emergency.

Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved April 9, 1923.