ers of the Land Office, and the State in the prosecution or defense of any suit or action so instituted, brought or defended; provided, this Act shall not abolish the office of Law and Executive Clerk of the Commissioners of the Land Office, which was created by Chapter 211, of the Session Laws of 1919."

Repealing Section.

Section 2. All acts and parts of acts in conflict herewith are hereby repealed.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 March 28, 1923.

CHAPTER 28.

SENATE BILL NO. 52.

State Public Lands.

AN ACT providing for the forfeiture of all rights obtained upon a sale or under a certificate of purchase issued thereon, of any of the state school or other state land, for cancellation of the certificate of purchase issued therefor for failure to pay any deferred payments when due, providing a procedure therefor.

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

Section 1. Any person, firm or corporation holding a certificate of purchase to any tract, piece or parcel of any public lands of the State of Oklahoma, who shall fail, neglect or refuse to pay all deferred payments on the same, together with all interest due thereon to the State of Oklahoma, through its duly authorized agent to receive the same within twelve months after the passage and approval of this Act shall be deemed in default and shall forfeit to the State of Oklahoma all payments theretofore made on said lands and the Commissioners of the Land Office are hereby empowered to cancel the purchase certificate of said defaulting holder, provided first: that before any certificate of purchase of any of the above described lands shall be cancelled said Commissioners of the Land Office shall cause written notice of its intention to cancel said certificate of purchase to be given by registered letter addressed to the record address of the holder of said certificate. Said notice shall describe the lands on which said certificate was issued, the amount due and unpaid on said lands and that if the same is not paid on or before sixty days from the date of said notice that said Commissioners of the Land Office will cancel said certificate of purchase if said notice is returned unclaimed. Said Commissioners of the Land Office shall cause said notice to be posted for thirty (30) days upon a bulletin board provided for that purpose, or upon the front door at the Court House in the County where such land is located. At any time before the period of notification, said holder of any certificate of purchase as herein

referred to shall file with said Commissioners of Land Office a verified petition, stating facts verified by affidavits of not less than five free-holders of the State of Oklahoma that the holder of such certificate of purchase is financially unable to pay any portion or all of said deferred payments or interest. Then in that event said Commissioners of the Land Office shall extend said payment or that portion which said holder of said certificate is unable to pay, for a period not to exceed twelve months.

Mortgages-Liens.

Section 2. It is further provided that if any person, firm or corporation shall hold any mortgage or lien of any kind of record in the Land Office of Oklahoma on any of the public lands of this State, the certificate of which is about to be cancelled for nonpayment of the amounts of money due thereon, said mortgagee or lien holder shall also be notified in the same manner as the holder of the certificate of purchase, and if said mortgagee or lien holder shall deposit with the Commissioners of the Land Office of Oklahoma within the sixty (60) day period for notice as herein provided, all money due on said certificate of purchase about to be cancelled, and said certificate of purchase holder shall fail to pay the amount due on said certificate or shall fail to comply with the requirements for extension of time for payment of the amounts due, then said Commissioners of the Land Office of Oklahoma shall be authorized to accept the deposit of the mortgagee or lien holder and to issue a certificate of purchase to the said mortgagee or lien holder and the said mortgagee or lien holder shall have the same right, title and interest in said land and the same right to the use and occupancy the same as the original purchasers had.

Certificates of Purchase-Cancellation-Trespass.

Section 3. Upon the cancellation of any certificate of purchase of any of the State lands as herein mentioned, said certificate holder shall immediately be divested of all of his rights, titles or interest of every nature whatsoever there is to said lands covered by said certificate and should said certificate holder remain in possession of any of said lands after his certificate to the same has been cancelled, he shall be deemed a trespasser and shall be dealt with as now provided by the law relating to trespass.

Appeal.

Section 4. It is further provided that any person, firm or corporation whose certificate of purchase of any of the public lands of Oklahoma has been cancelled as herein provided may appeal from said order of cancellation to the District Court of the County in which the lands are situated, by putting up a bond for all cost and by serving notice of said appeal upon the Secretary to the Commissioners of the Land Office, as provided by law, but in no event will the State of Oklahoma be held liable for any cost in such an appeal; and provided, further, that no appeal will be allowed. after thirty (30) days from the date of the cancellation of any certificate as herein provided; and provided, further, that no cer

tificate will be granted to any mortgagee or other lien holder as herein provided until the time for appeal has expired.

Approved March 31, 1923.

CHAPTER 29.

SENATE BILL NO. 55.

Trusts and Pools.

AN ACT amending Section 11024, Article 1, Chapter 90, of the Compiled Statutes of Oklahoma, 1921, relating to trusts and pools.

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

Amendment.

Section 1. That Section 11024, Article 1, Chapter 90, of the Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows:

"Section 11024. It shall be unlawful for any person, firm, corporation or association, engaged in the production, manufacture, distribution, purchase or sale of any commodity of general use, or rendering any service to the public, to discriminate between different persons, firms, associations or corporations, or different sections, communities or cities of the State by selling or buying such commodity, or rendering such service at a lower rate in one section, community, or city than another, or at the same rate or price at a point away from that of production or manufacture as at the place of production or manufacture, after making due allowance for the difference. if any, in the grade, quantity or quality, and in the actual cost of transportation from the point of production or manufacture, if the effect or intent thereof is to establish and maintain a virtual monopoly hindering competition, or restriction of trade."

Approved March 7, 1923.

CHAPTER 30.

SENATE BILL NO. 56.

Streets and Alleys.

AN ACT to amend Section 4563, Chapter 29, Article 11, of the Compiled Statutes of Oklahoma, 1921, relating to the vacation of streets, avenues, alleys and lanes, providing for the re-opening of the same.

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

Municipal Corporation-Streets and Alleys.

Section 1. Section 4563, Chapter 29, Article 11, of the Compiled Statutes of Oklahoma, 1921, is hereby amended to read as follows:

"Section 4563. The council, or other governing body, shall have the power to annul, vacate or discontinue, or grant to any public use any street, alley, or lane, within any legally platted city or addition therto, whenever deemed necessary or expedient; Provided, that all damages sustained by the citizens of the city

or the owners of property therein, shall first be ascertained as provided by law for the condemnation of the property for railroad purposes; Provided, that whenever any street, avenue, alley or lane shall be vacated, the same shall revert to the owners or real estate thereto adjacent, on each side, in proportion to the frontage of said real estate, except in cases where such street, avenue, alley or lane shall have been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots or real estate in proportion as it was taken from them; Provided, that it shall be the duty of the council, or other governing body, to re-open said street, avenue, alley or lane theretofore vacated or discontinued except where the same has been acquired or vacated for railway purposes, upon petition of the property owners owning more than one-half of the property abutting upon said street within one block in either direction from said vacated portion, without expense to the city."

Approved April 9, 1923.

CHAPTER 31.

SENATE BILL NO. 57.

County Attorneys.

AN ACT fixing the salaries of the county attorneys of all counties in the State of Oklahoma, having a population of not less than 19,800, and not more than 19,900, as shown by the Federal census of 1920, providing for the appointment of assistant county attorneys and fixing the salaries thereof, and declaring an

emergency.

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

County Attorney-Salaries.

Section 1. Hereafter, the county attorney of any county in the state of Oklahoma, having a population of not less than 19,800, and not more than 19,900, as shown by the Federal census of 1920, shall be allowed the sum of twenty-four hundred ($2,400.00) Dollars, per annum, as such county attorney.

Assistant County Attorney-Salaries.

Section 2. Hereafter, the county attorney of said counties in the State of Oklahoma may appoint an assistant county attorney for said county, who shall be a citizen and resident of said county, having the same qualifications as are required of county attorneys, and shall be under the directions of said county attorney, performing all the duties as are now required of assistant prosecuting attorneys of this state. Said assistant county attorney shall be paid a salary in the amount of Fifteen Hundred ($1,500.00) Dollars, per annum.

Salaries-How Paid.

Section 3. The salaries referred to, in the foregoing sections of this Act, shall be paid out of the proper funds of said county, upon the order of the board of county commissioners. Provided, the increase in salary as herein set out shall not become

effective until after the general election in 1924, for any elective officers.

Repeal.

Section 4. All Acts and parts of Acts in conflict herewith are hereby repealed and this Act shall apply to the county attorneys and assistant county attorneys in all counties in the State of Oklahoma, having a population of not less than 19,800 and not more than 19,900, as shown by the 1920 Federal census. Emergency.

Section 5. 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 15, 1923.

CHAPTER 32.

SENATE BILL NO. 60.

Commercial Fertilizers.

AN ACT providing for the inspection and sale of commercial fertilizers, condimental, patented or proprietary.

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

Commercial Fertilizers-Tag-Contents of.

Section 1. Any person, firm or corporation who shall sell, expose or offer for sale, within the limits of the State of Oklahoma, any commercial fertilizer, shall affix to every package, in a conspicuous place on the outside thereof, a plainly printed tax tag, stating the number of net pounds in the package sold or offered for sale, the name of the brand or trade mark under which the article is sold, the name of the manufacturer and the place of manufacture, and a chemical analysis stating only the percentage of total nitrogen, or potash, soluble in water, or phosporic acid in available form (soluble or reverted), and of insoluble phosphoric acid. Provided, that the percentage of nitrogen in the form of nitrate or ammonium salts and the percentage of nitrogen in other compounds may be stated separately instead of the percentage of total nitrogen. The term commercial fertilizer, as here used, shall include all substances containing nitrogen, potash or phosphoric acid, sold, offered or exposed for sale for manurial purposes, excepting the dung of domestic animals when sold as such. For the purpose of this Act, fertilizers shall be considered as distinct brands when differing either in guaranteed composition, trade mark, name or in any other characteristic method of marking of whatever nature.

Tag-Statement On.

Section 2. Every lot or parcel of Commercial Fertilizer as defined in Section 1, of this Act, offered or exposed for sale in the