Oklahoma Session Laws

tain contract made, under the authority of Chapter 223, Session Laws of Oklahoma, 1921, whereby the Oklahoma Soldiers' Memorial Hospital, located at Muskogee, Oklahoma, has been leased to the United States of America, there is hereby appropriated out of any funds in the State Treasury, not otherwise appropriated, the sum of SixtyThree Thousand Two Hundred ($63,200.00) Dollars, or So much thereof as may be necessary to be expended as follows, at said Oklahoma Soldiers' Memorial Hospital, under the direction and control of the Soldiers' Relief Commission of the State of Oklahoma:

For grading, landscaping and improving the grounds-$25,000.00
For Insurance_.

For erecting housing quarters for personnel other
than nurses and physicians_.

Emergency.

7,500.00

30,000.00

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 March 1, 1923.

CHAPTER 12.

SENATE BILL NO. 20.

Memorial Hospital.

AN ACT conferring on the Soldiers' Relief Commission of the state of Oklahoma authority to sell to the United States of America the Oklahoma Soldiers' Memorial Hospital located at Muskogee, Oklahoma, and declaring an emergency.

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

Soldiers' Relief Commission-Hospital-Sale.

Section 1. The Soldiers' Relief Commission of the State of Oklahoma is hereby authorized to sell and convey by deed of conveyance, signed by the Governor of Oklahoma and attested by the Secretary of State, to the United States of America, the Soldiers' Memorial Hospital, provided for in Chapter 223, Session Laws of Oklahoma, 1921, and since located at Muskogee, Oklahoma, the consideration for such sale to be the actual amount of cash expended by the State of Oklahoma in the construction of the said Hospital and Vocational School, Officers' Quarters and other needful buildings, plus interest thereon at rate of four and one-half per centum, per annum, for the period of actual occupancy of said properties by the United States of America under below mentioned lease, or renewal thereof, and plus such amount as shall have been paid by the State of Oklahoma for insurance on said buildings, and less the amount actually paid by the United States of America as rental consideration for the use of said property under lease executed by the Soldiers' Relief Commission of the State of Oklahoma to the United States of America, said lease expiring June 30, 1926, or renewal thereof, if any. The proceeds of such sale to revert to the General Fund of the State of Oklahoma.

Emergency.

Approved February 8, 1923.

CHAPTER 13.

SENATE BILL NO. 21.

Vital Statistics.

AN ACT amending Section 9002, of the Compiled Statutes of Oklahoma, 1921, relating to vital statistics, providing for registration districts and registrars of births, deaths, and marriages, prescribing the duties of registrars and health officers, providing penalties for violation thereof, and declaring an emergency.

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

Vital Statistics-Registrars.

Section 1. That Section 9002, of the Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows:

"Section 9002. That each local registrar shall be paid the sum of twenty-five cents (25c) for each birth certificate and each death certificate, properly and completely made out and registered with him, and correctly recorded and promptly returned by him to the State Registrar as provided by this Act, and in case no births or deaths were registered during any month, the local registrar shall report to that effect. Each local registrar shall be paid the sum of Two ($2.00) Dollars, for a monthly report to be transmitted on the tenth day of the following month to the State Registrar on such forms as may be required by the State Registrar. In addition thereto, the local registrar shall be paid a fee of twenty-five cents (25c) for each burial, removal or transit permit issued by him. All accounts payable to a local registrar under the provisions of this Section shall be paid by the Board of County Commissioners of the county in which the registration district is located, upon certification by the State Registrar, and the State Registrar shall on the fifteenth day of each month certify to the Board of County Commissioners of the several counties the number of births and deaths properly registered, with the names of the local registrars and the amount due at the rates fixed therein."

Repealing Section.

Section 2. That all acts and parts of acts in conflict therewith 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 14.

SENATE BILL NO. 23.

Confederate Pensions.

AN ACT amending Sections 8172 and 8175, of Chapter 72, Compiled Statutes of Oklahoma, Annotated, 1921, relating to Confederate Pensions, and declaring an emergency.

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

Soldiers-Pensions.

Section 1. That Section 8172, Compiled Statutes of Oklahoma, Annotated, 1921, be and the same is hereby amended to read as follows:

"Section 8172. Subject to the conditions herein, every person who enlisted and served as a soldier or sailor in the army or navy of the Confederate States of America, or of any State or Territory thereof, for a period of three months, and every widow of such soldier or sailor remaining unmarried, or who having married is again a widow; provided, said Confederate Soldier and said widow were married prior to June 30, 1910, otherwise qualified under this Act, shall receive a pension of not to exceed Twenty-five ($25.00) Dollars, per month; Provided, that this provision shall not affect any person now on said pension roll; and any such person shall be entitled to the benefits of this Act; Provided, such soldier, sailor or widow, has resided in the State of Oklahoma for twelve months continuously before filing application therefor; Provided, said applicant, or applicant's wife, shall not possess property, real or personal, in excess of Two Thousand ($2,000.00) Dollars unincumbered, or an income in excess of Five Hundred ($500.00) Dollars, per year; Provided, further, that no pension shall be paid to any widow of any soldier or sailor who has been divorced from such soldier or sailor, or who wilfully, without just cause, abandoned such soldier or sailor, and continued to live separately from him up to the time of his death; Provided, further, that pensioners shall be divided into two classes, to-wit: Class A and Class B.

"Class A shall be composed of soldier and sailor pensioners as defined herein, and their widows, not inmates of the State Confederate Home; and any soldier or soldier's widow, sailor or sailor's widow, who is an inmate of the Confederate Home shall be known as Class B, and be entitled to a pension of not more than Ten ($10.00) Dollars, per month;

"Provided, further, that the wife of any soldier or sailor, which said soldier or sailor is an inmate of any Oklahoma State Hospital for the Insane, shall be entitled to and shall receive, during the time her said husband is so confined in said Hospital, the sum of Twenty Five ($25.00) Dollars, per month, provided for Class 'A' pensioners."

Commissioner of Pensions.

Section 2. Section 8175, Compiled Statutes of Oklahoma, Annotated, 1921, be and the same is hereby amended to read as follows: "Section 8175. The Office of Commissioner of Pensions shall be located at the State Capitol and maintained in suitable offices provided for same, and it shall be the duty of the State Board of Public Affairs to supply said office with necessary furniture, books,

blanks and stationery necessary for carrying out the said provisions of this Act. Said Commissioner of Pensions shall have power to employ clerical help when necessary; Provided, that he shall not expend more than Twenty Five Hundred ($2500.00) Dollars, during any one year for such help. It shall be the duty of said Commissioner of Pensions to obtain from the War Department, if possible, a roll or roster of all Confederate soldiers and sailors and to keep a correct record of all applicants' claims, and on the first day of January of each year make a written report to the Governor showing the entire number of pensioners; the number of claims allowed for the past year; the amount of claims disallowed and the reason therefor, and such other information as the Governor from time to time may ask of the Commissioner of Pensions."

Emergency.

Approved February 28, 1923.

CHAPTER 15.

SENATE BILL NO. 25.

Validating Void Assessments.

AN ACT providing for the levy and collection of assessments against the lots and tracts of land specially benefitted to pay the cost of the construction of paving and other improvements of streets in incorporated towns in the State of Oklahoma which have heretofore been authorized and completed under the provisions of a void or unconstitutional law of the State of Oklahoma, and declaring an emergency.

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

Incorporated Towns-Levy and Assessments.

Section 1. The power and authority is hereby granted to all incorporated towns in the State of Oklahoma, in the manner hereinafter provided, to levy and collect assessments against the lots and tracts of land specially benefitted to pay the cost of the construction of paving and other improvements of the streets therein which have heretofore been paved under the authority of any void or unconstitutional law of the State of Oklahoma.

Procedure-Bonds-Void Proceedings-Validated.

Section 2. In all cases where the governing body of any incorporated town has provided for the paving, curbing, guttering and draining of any street, alley or other public place in such town and has directed the engineer of such town to prepare necessary plans, specifications and estimates of cost therefor and upon approv al thereof by the governing body of such town, a resolution has been passed declaring the necessity for such improvements and has caused notice of intention to pave such streets, alleys and public places to be published in two consecutive issues of a newspaper published and having a circulation in said town and providing in said publication

that if the owners of more than one-half in area of the land liable to assessment to pay the cost of such improvement failed, within fifteen days after the last publication of such notice to protest against such improvement, that such improvements would be made and contracted for and assessments would be levied against the lots and tracts of land benefitted by such improvement to pay the cost thereof, and no sufficient protest as provided in such notice has been filed, and thereafter such governing body of any town has adopted plats, plans, specifications and estimate of cost of such improvement and passed a resolution providing for the improvements, declaring therein that no sufficient protest has been filed and expressing the determination of the governing body of said town to proceed with such improvement, defining the extent, character and width of improvement, the materials to be used and the manner of construction and such other matters as were necessary to instruct the engineer in the preparation of the plans, plats, profiles, specifications and estimates, and in said resolution directed the clerk of such town to advertise for sealed proposals for furnishing the materials and performing the work necessary to make such improvements and provided for in said resolution, that the contractor to whom such contract might be awarded should execute a good and sufficient bond in an amount stated in said resolution conditioned for the full and faithful execution of the work and the performance of the contract and for the protection of the town and all property owners interested against any loss or damage occasioned by reason of the negligence of the contractor or the improper performance of the work, and also required therein the execution of a bond in an amount stated in such resolution for the maintenance in good condition of such improvement for a period of not less than five years from the time of completion of such improvement, and pursuant to such resolution did cause notice to be given by publication in two consecutive issues of a weekly newspaper published and of general circulation in said town stating therein the street or streets to be improved, the bonds required, the reference to the plans and specifications for such improvement, the time when and the place where such sealed proposals should be filed and when and where the same would be considered by the governing body of such town and pursuant to such notice said governing body of said town did examine all bids received and awarded the contract to the lowest and best bidder who was willing to perform the work and furnish the materials selected and to perform all the conditions imposed by the governing body of such town as prescribed in such resolution and notice for proposals and such governing body entered into a written contract for the performance of such work of improvement which did not exceed the aggregate amount submitted by the engineer with the plans and specifications, and the bonds required by law were duly executed and approved by the governing body of such town and such improvements were by such contractor fully completed in accordance with such contract and at the prices and upon the terms and conditions therein contained, and whenever any court of competent jurisdiction in the State of Oklahoma shall have adjudged said acts and proceedings, of the governing body of said town unlawful, void or unconstitutional and insufficient to levy assessments against the property abutting such completed improvements and ben

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