fails, neglects or refuses to perform any duty made mandatory by this Act shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not less than One Thousand ($1,000.00) Dollars, nor more than Ten Thousand ($10,000.00) Dollars, or by imprisonment in the State Penitentiary for a term of not less than one (1) year, nor more than twenty (20) years, or by both such fine and imprisonment, and shall be liable in civil damages for all injury resulting therefrom. Partial Invalidity Clause. Section 20. If any part of this Act shall be held to be unconstitutional, such holding shall not invalidate any other portion thereof. Repeal. Section 21. Chapter 270, of the Session Laws of the State of Oklahoma, 1919, and all other laws and parts of laws in conflict with this Act, are, insofar as they affect this Act, hereby repealed. Emergency. Section 22. 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 March 26, 1923. CHAPTER 23. SENATE BILL NO. 38. Board of Agriculture. AN ACT making an appropriation for the support and maintenance of the dairy, feed, orchard and nursery, market commission, quarantine, cattle and sheep scab, hog cholera, crop reports and statistical departments of the board of agriculture, for the remainder of the fiscal year ending June 30, 1923, 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 money in the State Treasury, not otherwise appropriated, the sum of Fortyone Thousand Two Hundred Twenty-five ($41,225.00) Dollars, or so much thereof as may be necessary, to be used by the State Board of Agriculture during the remainder of the fiscal year, ending June 30, 1923, the said sum to be apportioned in the amounts and among the functions of the said Department, as follows: Salary and maintenance of Dairy Inspectors Salary and expense of Feed Inspectors Market Commission $ 3,500.00 5,625.00 Orchard and Nursery Department 3,600.00 10,000.00 For securing crop reports and statistics and compiling same 5,000.00 Quarantine against pink boll worm 2,500.00 For expenses incurred in the eradication of cattle and sheep scab 2.500.00 Tags and incidentals 6,000.00 For expenses incurred in the eradication of hog cholera__ 2,500.00 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 February 23, 1923. CHAPTER 24. SENATE BILL NO. 43. Terms of District Court Judicial District No. 11. AN ACT fixing the time of convening of the District Court in Judicial District No. 11, of the State of Oklahoma, and repealing all laws in conflict therewith, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : District Court-Terms. Section 1. The time of the convening of the regular terms of the District Court in each County in Judicial District No. 11, of the State of Oklahoma, shall be on the First Monday in each of the respective months hereafter set out in this section in each of the respective counties, to-wit: Judicial District No. 11, in Logan County, in March, Sep- Judicial District No. 11, in Payne County, in January, May Repealing Clause. Section 2. All acts and parts of acts in conflict with this act are hereby repealed. Emergency. Section 3. 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 January 31, 1923. CHAPTER 25. SENATE BILL NO. 44. Attorney General Assistants. AN ACT amending Section 15, of the Compiled Oklahoma Statutes of 1921, relating to assistants to be furnished the Attorney General, and the salaries to be paid for same; also amending Section 16 thereof, relating to clerks and stenographers for the Attorney General, and providing for their salaries. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Assistants Attorney General-Salaries. Section 1. That Section 15, of the Compiled Oklahoma Statutes of 1921, be and the same is hereby amended to read as follows: "Section 15. The positions in the office of the Attorney General, as hereinafter named, are hereby created and established, and the salary and compensation of each shall be as hereinafter named, payable monthly: One Assistant Attorney General, Salary per annum---$4,000.00 4,000.00 3,600.00 3,600.00 3,600.00 3,600.00 per annum One Assistant Attorney General, to be assigned to the Department of the State Auditor, Salary per annum--- 3,600.00 One Assistant Attorney General, Salary per annum. One Assistant Attorney General, Salary per annum. One Assistant Attorney General, Salary per annum. One Assistant Attorney General, Salary per annum_. One Assistant Attorney General, Salary per annum___ One Assistant Attorney General, Salary per annum--- 3,500.00 One Assistant Attorney General, Salary per annum___ 3,500.00" Secretary-Chief Officer-Stenographers. 3,600.00 Section 2. That Section 16, of the Compiled Oklahoma Statutes of 1921, be and the same is hereby amended to read as follows: "Section 16. The positions of Secretary, Chief Clerk and Stenographers, as hereinafter named, are hereby created and established, and the salary and remuneration of each shall be as hereinafter named, payable monthly: One Secretary, Salary per annum.. $2,400.00 1,800.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00" CHAPTER 26. SENATE BILL NO. 48. Superior Court. AN ACT creating and establishing county superior courts in counties having a population of not less than 18,400 and not to exceed 18,980, as shown by the Federal census of 1920, fixing the jurisdiction and procedure. providing for judge. clerk and court reporter, providing for fixing the terms of court. providing the clerk's bond, providing free quarters for such courts and their officers, providing for transfer of cases, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Superior Court-Established in City. Section 1. There is hereby created and established in each of the counties of this state having a population of not less than 18,400 and not to exceed 18,980, as shown by the Federal census of 1920, and having therein a city of the first class with a population of not less than 2500 located within five miles of the county seat of any such county, and the county seat therein having a population of not more than 500, as shown by the Federal census of 1920, a court of civil and criminal jurisdiction, to be known as the Superior Court of such county, which shall be a court of record, and shall have and exercise the same jurisdiction as provided by law for other Superior Courts of the State; Provided, that said court and the offices of its officers shall be held and maintained in the city, not the county seat, having the required population and location, as hereinbefore set out, and, in the event there are two or more cities falling within such requirements, then in the one of such cities having the greatest population; and and provided, provided, further, that such city shall furnish, free of charge, suitable and sufficient buildings, offices and quarters for said court and its officers. Same Presided Over by District Judge. Section 2. That said court shall be held and presided over by the regular district judge within and for the judicial district including such county, and there shall be held four terms of said court a year, and such judge is hereby given, and shall exercise, the power to designate the time when such terms of court shall be held so as not to conflict with any of his other courts in such judicial district; and the court clerk of such county shall be the clerk of said court and shall perform all the duties thereof in the same manner and form as is required of him in his duties as clerk of the district court; and the court reporter of the particular judicial district employed as the reporter for the district courts of said judicial district shall act as reporter for said court in the same manner as required of him by law as reporter for the district courts; Provided, that these services shall be performed by said judge, clerk and reporter without compensation other than that received by them. as district judge, court clerk and district court reporter, that is to say, they shall have no additional compensation for services rendered in said superior court. The bond given by said clerk as court clerk shall be liable for his faithful performance of the duties of said superior court the same as required of him by law as court clerk. Clerk-Seal. Section 3. The clerk of said court shall procure a seal of said court for use therein, which seal shall have engraved thereon the words "Superior Court of County. Oklahoma;" Provided, that said seal shall be paid for by the city in which said court is created. Fees. Section 4. All fees, costs, fines and forfeitures imposed and collected by and through said court, and collected by the clerk thereof, shall be the same as provided by law for the district court in similar matters, and shall be disbursed in the same manner as disbursed by the clerk of the district court. Records. Section 5. The books, records and supplies for the use of said court shall be provided for and paid for in the same manner as are now provided for the district and county courts of such county. Cases-Transfer. Section 6. That all cases now pending in the district court of such county, or that may hereafter be filed therein, and all such cases in the county court of which said superior court may have jurisdiction, shall be by the court clerk transferred to such superior court, upon the application by motion filed by either plaintiff or defendant in the court where such case was originally filed, and there shall be no extra fee charged or allowed for such transfer and re-filing of the papers in the court to which the transfer is made. Cases originally filed in such superior court may be transferred from said superior to the district court in like manner and form as herein provided for transfer to the superior court. Juries. Section 7. Juries shall be called and selected for said courts in like manner and form as they are now required by law to be called and selected in the district court. Emergency. Section 8. 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 February 13, 1923. CHAPTER 27. SENATE BILL NO. 49. Commissioners of Land Office. AN ACT amending Section 9334, of the Compiled Oklahoma Statutes of 1921, repealing conflicting laws, and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : Suits. Section 1. Section 9334, of the Compiled Oklahoma Statutes, 1921, is hereby amended to read as follows: "Section 9334. The Commissioners of the Land Office are hereby authorized and empowered to bring or defend suits in the name and on behalf of the State of Oklahoma in all matters affecting the public lands of the State, and in all matters affecting the loans, investing or collecting of school land and State land moneys, of, and belonging to the State; and it shall be the duty of the Attorney General of the State to represent the Commission |