State of Oklahoma for use within this State, shall have printed on a tag, described in Section 1, of this Act, a plainly printed statement clearly and truly certifying:

(a) parcel;

(b)

The net weight of the contents of the package, lot or

The name, brand or trade mark;

(c) The name and address of the manufacturer or person responsible for placing the commodity on the market;

(d) The minimum percentage of nitrogen in available form; (e) The minimum percentage of potash K20, soluble in distilled water;

(f) The minimum percentage of available phosphoric acid P205, also of total phosphoric acid;

(g) The maximum percentage of borax or other harmful ingredients;

(h) And no other statement of chemical compounds except as above.

Oklahoma State Board of Agriculture-Copy of Statement.

Section 3. Before any Commercial Fertilizer, as defined in Section 1, of this Act, is sold, offered or exposed for sale, the importer, manufacturer, or party who causes it to be sold or offered for sale, within the State of Oklahoma for use within this State shall, for such and every brand bearing a distinguishing name and trade mark, file with the Oklahoma State Board of Agriculture a certified copy of the statement named in Section 2, of this Act, and shall deposit with said Oklahoma State Board of Agriculture a sealed glass, jar or bottle containing not less than one pound of the fertilizer to be sold or offered for sale accompanied by an affidavit that it is a fair average sample thereof and corresponds within reasonable limits to the fertilizer which it represents in the percentage of ingredients which it contains. Provided, further, that nitrogen fixing bacteria, used for the purpose of inoculating seed or soil and for other use for fertilizing purposes must have stated upon the container the minimum number of active bacteria per cubic centimeter and the final date for which the guarantee of this number holds, and shall pay to the Oklahoma State Board of Agriculture a registration fee of $10.00. Otherwise provisions of other sections of this Act shall apply.

Same Inspection Tax.

Section 4. The manufacturer, importer, agent or seller of each Commercial Fertilizer, as defined in Section 1, of this Act, shall, before the article is offered for sale, pay to the Oklahoma State Board of Agriculture an inspection tax of thirty-five cents per ton for each ton of such Commercial Fertilizer sold or offered for sale in the State of Oklahoma for use within this State, and shall affix to each lot, and to each bag, barrel or other package of such Commercial Fertilizer stuffs a tag to be furnished by said Oklahoma State Board of Agriculture stating that all charges specified in this Act have been paid. Ten cents per ton of said inspection tax shall be paid into the State Treasury, and twenty-five cents

per ton of said inspection tax shall be paid to the A. & M. Agricultural Experiment Station for fertility investigations to be made by said experiment station. The Oklahoma State Board of Agriculture is hereby empowered to prescribe the form of such tags and to adopt such regulations as may be necessary for the enforcement of this law. Whenever the manufacturer, importer or shipper of Commercial Fertilizer Stuffs shall have filed a statement provided for in Section 2, of this Act, and have paid the inspection tax, no agent or seller of said manufacturer, importer, or shipper, shall be required to file such statement or pay such tax. The amount of penalties received by said Oklahoma State Board of Agriculture shall be paid into the Treasury of the State of Oklahoma.

Commercial Fertilizer-Sale-Penalty.

Section 5. Any manufacturer, importer, or agent selling, offering or exposing for sale any Fertilizer Stuffs as defined in Section 1, of this Act, without the statement required by Section 2 and the tax tag required by Section 4, of this Act, stating that said Commercial Fertilizer Stuffs contain substantially a larger percentage of nitrogen and potash than is contained therein, and any person violating any other provision of this Act, shall on conviction in a court of competent jurisdiction, be fined not less than five hundred dollars or more than five thousand dollars for the first conviction, or less than five thousand dollars or more than ten thousand dollars for each subsequent conviction.

Tag-Counterfeits-Penalty.

Section 6. Any person who shall counterfeit or use a counterfeit of the tag, or tags, prescribed by this act, knowing the same to be counterfeited, or who shall use them a second time after the said tag shall have been once attached, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars.

Standards and Definitions.

Section 7. The Oklahoma State Board of Agriculture is hereby empowered to adopt standards and definitions for Commercial Fertilizer and such regulations as may be necessary for the enforcement of the law. The said Oklahoma State Board of Agriculture shall have the power to refuse the registration of any Fertilizer Stuffs under a name which would be misleading as to the material of which it is made up, or which does not conform to the standard and definitions aforesaid. Should any of said materials be registered, and it is afterwards discovered that they are in violation of the above provisions, the said Oklahoma State Board of Agriculture shall have the power to cancel the registration after ten days' notice. The Oklahoma State Board of Agriculture is hereby empowered to adopt such regulations as may be necessary for the enforcement of all the provisions of this Act.

Maufacturers and Importers.

Section 8. All manufacturers and importers of Commercial

Fertilizers, or dealers in same, shall, when requested, furnish the Oklahoma State Board of Agriculture with a complete list of the names or trade marks of such Fertilizer Stuffs.

Importer-Definition.

Section 9. The term importer for all the purposes of this Act shall be taken to mean all such persons as shall bring into or offer for sale within the State Commercial Fertilizers manufactured without this State.

Samples-Analysis-Publication.

Section 10. The Oklahoma State Board of Agriculture, or its duly authorized representative, is hereby authorized to take a sample not exceeding two pounds in weight for analysis from any lot or package of Commercial Fertilizer Stuffs, which may be in the possession of any manufacturer, importer, agent, dealer, or buyer in this state; but said sample shall be drawn or taken in the presence of said party or parties at interest or their representatives, and shall be taken from a parcel, lot or number of parcels which shall not be less than five per cent of the whole lot inspected, and shall be thoroughly mixed and divided into two samples and placed in glass or metal vessels carefully sealed and a label placed on each stating the name or brand of the fertilizer and the name of the party from whose stock the sample is drawn and the date and place of taking such sample, and said label shall be signed by the Oklahoma State Board of Agriculture, or its duly authorized representative, and the party, or parties at interest, or their representative present at the time of the taking and sealing of said sample. Provided, that where the party or parties at interest refuse to be present and take part in the sampling of said fertilizers, the Oklahoma State Board of Agriculture, or its duly authorized representative, may take said samples in the presence of two disinterested witnesses, and one of said duplicate samples shall be retained by the Oklahoma State Board of Agriculture or its duly authorized representative and the other shall be left with the party whose stock was sampled, and the sample or samples retained by the Oklahoma State Board of Agriculture or its duly authorized representative shall be for comparison with the certified statements made in Sections 1 and 2, of this Act. The Oklahoma State Board of Agriculture shall cause one analysis or more to be made annually on each Commercial Fertilizer, sold or offered for sale, under the provisions of this Act. The result of the analysis of the sample or samples so prescribed, together with such additional information as circumstances advise, shall be published in reports or bulletins by the Oklahoma State Board of Agriculture from time to time.

Penalty.

Section 11. For any violation of any provision of this Act or any rules or regulations made by the Board of Agriculture pertaining to this Act, the Board of Agriculture shall cancel license of such offender.

Repealing Section.

Section 12. That all Acts or parts of Acts in conflict with this Act are hereby repealed.

Approved February 28, 1923.

CHAPTER 33.

SENATE BILL NO. 67.

Cheats, Frauds and Bogus Checks.

AN ACT relating to cheats, frauds and bogus checks, and amending Section 2146, of article 53, of chapter 6, of the Compiled Statutes of Oklahoma, 1921, and declaring an emergency.

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

Amendment.

Section 1. Section 2146, of Article 53, of Chapter 6, of the Compiled Statutes of Oklahoma, 1921, is hereby amended to read as follows:

"Section 2146. Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation, any money, property, or valuable thing, of the value of Twenty ($20.00) Dollars, or less, by means or by use of any trick or deception, or false or fraudulent representation, or statement or pretense, or by any other means or instrument or device commonly called the 'confidence game,' or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed One Hundred ($100.00) Dollars, or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment. If the value of the money, property or valuable thing referred to in the preceding paragraph, be more than Twenty ($20.00) Dollars, any person convicted hereunder shall be deemed guilty of a felony and shall be punished by imprisonment in the State Penitentiary, for a term not exceeding seven (7) years, or by a fine not to exceed Five Hundred ($500.00) Dollars, or by both such fine and imprisonment. The term 'false or bogus check' shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five days from the date the same is presented for payment; and, provided, further, that said check or order is presented for payment within thirty days after same is delivered and accepted.

The word 'credit' as used herein, shall be construed to mean an arrangement or understanding with the bank or depository, for the payment of such check, draft or order."

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 preserva

tion 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.

Became a law without the Governor's signature March 9, 1923.

CHAPTER 34.

SENATE BILL NO. 68.

Supreme Court.

AN ACT regulating pleadings and procedure in the Supreme Court of the State of Oklahoma, and making it unnecessary to allege in the petition in error that the trial court erred in overruling the motion for a new trial, filed in the court below, and for other purposes.

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

Supreme Court-Pleading and Procedure.

Section 1. That in no case whatsoever, hereafter instituted, or now pending and not finally determined, in the Supreme Court of this State, shall it be necessary for the plaintiff in error, or appellant, in the petition in error on appeal, to allege, in terms, that the trial court erred in refusing to grant such plaintiff in error, or appellant, a new trial, and in overruling the same, in order that the court may consider and pass on the errors of law alleged to have occurred at the trial; but in all such cases, when proper and necessary exceptions are saved in the trial court, where it appears from the allegations of the petition in error that such plaintiff in error, or appellant, seeks to have the Supreme Court review and determine alleged errors of law occurring at the trial, it shall be the duty of the Supreme Court to treat and consider all such errors, necessary to a decision, including error in overruling the motion for a new trial, as sufficiently raised and presented, to all intents and purposes as though the ruling of the motion for a new trial had been specifically assigned.

Approved March 5, 1923.

CHAPTER 35.

SENATE BILL NO. 70.

Judges Fourteenth Judicial District.

AN ACT creating an additional judgeship in and for the Fourteenth Judicial District of the State of Oklahoma, and providing for the appointment and election of such judge, and declaring an emergency.

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

Fourteenth Judicial District-Additional Judge.

Section 1. The Fourteenth Judicial District of the State of Oklahoma is hereby allowed one additional judge, making the total number of judges to which said District is entitled, two. Governor-Appointment.

Section 2. The Governor of the State of Oklahoma, by and with the advice and consent of the Senate, is hereby authorized to and