market conditions with the intent to deceive and defraud or the failure to make payment for farm products within the time required by this Act; or any other injurious transactions; and, in furtherance of such investigation or inspection, the State Market Commission or any authorized agent or representative of the State Market Commission, may examine that portion of the ledgers, books, accounts, memoranda or other documents, farm products, scales, measures and other articles and things used in connection with the business of such dealer, relating to the transactions involved, and may take testimony thereon, under oath. When a consignor of farm products fails to obtain satisfactory settlement in any transaction, after having notified the dealer, verified complaint may be filed with the State Market Commission which shall undertake to effect a settlement; in the event it shall fail to effect such settlement, it shall cause a copy of such complaint, together with a notice of time and place for hearing of such complaint, to be served personally or by mail, upon such dealer. Such service shall be made at least seven days before the hearing, which shall be held in the city, village or township in which is situated the place of business of the dealer. At the time and place appointed for such hearing, the State Market Commission or its agent, shall hear the parties to such complaint, and in furtherance thereof, shall have power to administer an oath and shall enter in the office of the State Market Commission at Oklahoma City, a decision either dismissing such complaint or specifying the facts which it deems established on such hearing. Copies of record, inspection certificate, certified reports and all papers on file in the office of the State Market Commission shall be evidence in all courts of this State. That the State Market Commission may refuse to grant a license and may revoke any license as the case may require, when it shall be satisfied of the existence of the following facts: 1. That fraudulent or illegal charges have been made by the applicant, or licensee, for the handling, sale or storage of, or for rendering any service in connection with the handling, sale or storage of any farm products. 2. That the applicant, or licensee, has failed or refused to render an account of sales, or to make settlement thereon, within the time and in the manner by this Act required. 3. That the applicant or licensee has made any false statement as to the condition, quality or quantity of farm products received, handled, sold or stored by him, on commission. 4. That the applicant or licensee, with the intent to deceive or defraud has made any false or misleading statement as to the conditions of the market for any farm products. 5. That the applicant or licensee, has entered into, is or has been, a party to any combination or agreement in restraint of trade in violation of any law of this State, prohibiting pools, trusts and monopolies. 6. That the applicant or licensee, is involved in assignment, bankruptcy or receivership proceedings, or if in the opinion of the State Market Commission, such applicant or licensee, is insolvent and there is probable cause for such proceedings. 7. That the State Market Commission has reason to believe that the applicant, or licensee is incapable or unable to conduct the business of a dealer, or that the methods of dealing of such applicant or licensee are such that the State Market Commission nas reason to believe that such applicant or licensee intends ultimately to deceive or defraud consignors of farm products. 8. That the licensee was guilty of practicing deception or fraud, in the procurement of such license. 9. That the licensee shall fail or refuse to make any additional bond required by the State Market Commission under the authority of this Act or to make a new bond, if any, when the State Market Commission shall demand such new bond on the grounds of insufficiency thereof, or of the insolvency of the principals or sureties of said bond. Any action of the State Market Commission with reference to granting, or the refusal to grant any license, or with reference to the revocation of any license granted under the provisions of this Act, may be reviewed by the District Court, upon appeal from said Commission, but pending final determination of any such appeal, in the case of an order of the State Market Commission, revoking the license of any dealer, such license shall de deemed in full force and effect until the final determination of such proceedings, unless such license shall sooner expire by limitation. Every license issued or granted under the provisions of this Act, shall be deemed to have expired by limitation at midnight of the last day of the period for which such license was granted in the first instance. Market Prices. Section 12. It shall be the duty of the State Market Commission to furnish to any citizen, corporation, association or any farmerowned or controlled association, the market price of any product of the farm, and the most active and available markets for said farm products at the time the information is given, and it shall be their further duty on request of any of the persons above named to assist them in marketing any of their products, and for this purpose the State Market Commission is hereby empowered to call upon any or all of the county agents in the State, for their co-operation. Violation of Provisions. Section 13. Any person, firm, exchange, association or corporation who shall violate any of the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty ($50.00) Dollars and not more than Five Hundred ($500.00) Dollars; Provided, that no city or incorporated town or county shall ever compel any producer of any farm, dairy or poultry product to pay a license fee to sell products raised or produced by him. Partial Invalidity Clause. Section 14. If any Section or part of a Section of this Act shall be held unconstitutional, it shall not invalidate any other Section or part thereof. Emergency. Section 15. 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 be in full force and effect from and after its passage and approval. Approved March 31, 1923. CHAPTER 186. HOUSE BILL NO. 233. County Court at Choteau. AN ACT repealing sections 3307 to 3311, inclusive, of the Compiled Oklahoma Statutes, Annotated, 1921, and declaring an emergency BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : County Court-Choteau-Abolished. Section 1. That Sections 3307, 3308, 3309, 3310 and 3311, Chapter 13, Article 111, of the Compiled Statutes of Oklahoma, Annotated, 1921, be and the same are hereby repealed, and all records belonging to Mayes County and used in holding a branch of the County Court at Choteau in said County shall be transferred to and become a part of the records of the office of the County Judge of said County at the County Seat. 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 wherof this Act shall take effect and be in full force from and after its passage and approval. Approved March 26, 1923. CHAPTER 187. HOUSE BILL NO. 245. State Department of Highways. AN ACT creating certain clerical, stenographic and other positions in the State Department of Highways, and fixing the salaries therefor, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Clerical Positions. Section 1. That the following clerical, stenographic and other positions are hereby created for the State Department of Highways, and the amounts set opposite each, are hereby fixed as the annual salary for the same, which should be paid out of funds appropriated therefor, monthly, upon warrants issued by the State Auditor: Commissioner Assistant Commissioner_ $3600.00 2400.00 2100.00 Legal Clerk to be a licensed attorney and act as Assistant Chief Clerk and Correspondence Clerk. Commissioner of Highways-Appointments. Section 2. That the Commissioner of Highways is hereby authorized and empowered to appoint persons to hold positions created in his department. The persons so appointed shall hold office at the will of said Commissioner. Emergency. Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby 1200.00 2100.00 1800.00 1800.00 1500.00 3600.00 1500.00 declared to exist, by reason whereof this Act shall be in full force and effect from and after its passage and approval. Approved April 9, 1923. CHAPTER 188. HOUSE BILL NO. 246. Academic and Professional Degrees. AN ACT amending Section 1, of Chapter 113, of the Session Laws of 1919, relating to various Colleges and Universities to grant Academic and Professional Degrees, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Degrees-Colleges Which May Grant. Section 1. That Section 10652, Compiled Statutes of Oklahoma, 1921, be amended to read as follows: Section 10652. Authority is hereby granted to the respective boards of control of the Oklahoma University, Oklahoma Agricultural and Mechanical College, Oklahoma College for Women, University of Tulsa, Kendall College, Phillips University, Oklahoma Baptist University, Oklahoma City College, Oklahoma Catholic University, the Catholic College of Oklahoma for Young Women, upon recommendation of their respective faculties to grant the academic and professional degrees, usually and customarily granted to graduates of institutions of collegiate rank. 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 be in full force and effect from and after its passage and approval. Approved April 9, 1923. CHAPTER 189. HOUSE BILL NO. 250. State Fire Marshal. AN ACT amending Sections 93, 98, 100 and 104, Chapter 1, Article 9, Compiled Statutes of Oklahoma, 1921, pertaining to the office of the State Fire Marshal, authorizing the appointment of his assistants and deputies, to prescribe their several powers; describing procedure in certain cases; providing penalties for violation of the provision thereof; providing funds to carry out the provisions of this Act, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: Appointments. Section 1. That section 93, Chapter 1, Article 9, of the Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows: Section 93. The State Fire Marshal is hereby empowered to appoint one chief assistant fire marshal, a secretary, and such |