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H. B. NO. 69.

SEC. 3

AN ACT
TO PROVIDE FOR THE EDUCATION OF THE DEAF, DUMB AND BLIND.
Be it enacted by the Legislature of the State of Idaho:

SECTION I. There is hereby appropriated, annually, the sum of three thousand dollars ($3,000), or so much thereof as may be necessary, for the education of the deaf, dumb and blind of this State, uuder the direction of the State Board of Education, and the Treasurer shall pay the same on the warrant of the Auditor for that purpose. Sec. 2.

The said Board of Education shall enter into contract with some one of the adjacent States or Territories (having an institution for the education of the deaf and blind), for the education of the deaf, dumb and blind of the State of Idaho upon the most economical terms possible.

It shall be the duty of the Board of Education to ascertain the number of deaf, dumb and blind in the State, of school age and sound mind and body, whose parents are not able to provide for their education, and, as soon as practicable thereafter, take the necessary steps for their education as provided for in section 2 of this Act.

The State or Territory in which such institution for the education of the deaf, dumb and blind is located, as designated by the said Board of Education, shall be paid from the appropriation made in section I of this Act, at the rate of not to exceed three hundred dollars a year for each scholar's instruction and board, including board during vacation, on the certificate of the State Board of Education to be furnish to the State Auditor.

SEC. 5. The State Board of Education is authorized to provide for the careful examination of all applicants for admission to the institution designated, and to audit and certify to the State Auditor all accounts for the expenses of designating said institution and conducting examinations, and all contingent expenses attending the same, and the accounts thereof shall be paid from the appropriation for this purpose made in section i of this Act.

SEC. 6. This Act shall take effect and be in force from and after its passage and approval, an emergency existing therefor.

Approved on the 7th day of February, 1899.

SEC. 4.

H. B. NO. 70.

TO

AN ACT PROVIDE THE MANNER OF PROPOSING AMENDMENTS TO THE CONSTITUTION AND SUBMITTING THE SAME TO THE ELECTORS OF THIS STATE, AND THEIR ENROLLMENT AND PRESERVATION.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That amendments to the Constitution may be proposed by joint resolution in either house of the Legislature of this State, and if the same shall be voted for by two-thirds of all the members of each of the two houses, voting separately, in the manner provided by section one (1), of article twenty (20), of the Constitution, the amendment or amendments proposed shall be submitted to the electors of this State for adoption or rejection in the manner provided by the election laws of the State.

SEC. 2. Whenever any amendments to the Constitution shall have been proposed to and adopted by the electors of this State, as by this

Act provided, the same shall be enrolled and numbered in the order of
time in which they may be adopted, and preserved by the Secretary of
State among the public records of his office.
SEC. 3

Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.

Approved on the 7th day of February, 1899.

H. B. NO. 71.

AN ACT TO PROVIDE FOR THE APPOINTMENT, DUTIES AND COMPENSATION OF STENOGRAPHIC REPORT:

ERS OF THE DISTRICT COURTS.

SEC. 3

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. There shall be appointed within and for each of the judicial districts of this State, by the district judge, a stenographic reporter, who shall be well skilled in the art of stenography, and capable of reporting the oral proceedings in court verbatim. SEC. 2.

Said reporter shall take the oath required to be taken by judicial officers; give a bond to be approved by the judge of the district court, in the sum of five thousand dollars, conditioned for the faithful discharge of his duties, which bond shall be filed in the office of Secretary of State, hold his office during the pleasure of said judge, and receive a salary of one thousand dollars per annum, to be paid in the same manner as the salaries of other State officers are paid. There shall be paid, in addition to said salary, to each of the stenographic reporters of the district courts, out of the State treasury, for each term of a district court; held by the judge thereof, for the trial and disposition of causes and the transaction of business under the laws of the State, in other counties than that in which said stenographic reporter resides, his expenses, not exceeding twenty-five dollars for traveling and attending each term.

The said reporter shall correctly report alloral proceedings had in said court and the testimony taken in all cases tried before said court, but the parties may, with the consent of the judge, waive the recording by such reporter of any part of the proceedings of testimony.

Sec. 4. The reporter shall file the stenographic records and reports made by him with the clerk of the district court of the county in which such report was taken and was tried.

It shall be the duty of each reporter to furnish, on the application of the Attorney General, district attorney, or any party to a suit in which a stenographic record has been made, a type written copy of the record, or any part thereof, for which he shall be entitled to receive in addition to his salary, a fee of fifteen cents per hundred words, to be paid by the party requesting the same and to be taxed as costs in the case against the party finally defeated in the action: Provided, When such copy is requested on behalf of the State, or its attorney, or by a defendant in a criminal case or his attorney, and where after conviction the defendant in a criminal case shall satisfy the court by affidavit or otherwise, that he is unable by reason of his poverty to pay for such copy, so requested by himself or his attorney, the stenographer shall receive a fee of ten cents per hundred words therefor, to be paid in the same manner as other costs in criminal cases are paid: Provided, That he shall not in any criminal case receive more than one hundred and fifty dollars, when the same is to be paid by the county, and when so requested by the defendant or his attorney

SEC. 5.

it shall be the duty of the stenographic reporter to furnish the State or its attorney, a copy of such record, without further compensation therefor. Such copy of the record shall constitute prima facie the minutes of the court and may be used on all motions for new trials, review or appeal, when the minutes of the court may be used.

SEC. 6. It shall be the duty of the reporter to deliver said copy within thirty days after being requested.

SEC. 7. The plaintiff in all civil actions hereafter commenced in the district courts, at the time of filing the complaint in such action, shall pay to the clerk of said court the sum of three dollars, which sum said clerk shall, on the first Monday of each month after the receipt thereof, pay into the State treasury, and it shall be placed by the State Treasurer to the credit of the general fund.

Sec. 8. That “An Act for the appointment of a court stenographic reporter in each judicial district of Idaho Territory," approved February 4, 1889, and all acts and parts of acts in conflict with this Act are hereby repealed.

Whereas an emergency exists, therefore this Act shall take effect and be in force from and after its passage.

Approved on the 9th day of February, 1899.

SEC. 9.

H. B. NO. 72.

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AN ACT
DIVIDING OF COUNTIES INTO COMMISSIONERS DISTRICTS, AMENDING
SECTION 1748 REVISED STATUTES OF IDAHO.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That section 1748 of the Revised Statutes of Idaho be amended to read as follows: Section 1748. At the regular meeting in July, preceding any general election, the board of commissioners must district their county into three districts, as nearly equal in population as may be, to be known as county commissioners districts, numbers 1, 2 and 3 respectively; but in making such districts, no voting precinct shall be divided: Provided, That when a new county shall have been created, or the boundary lines of a county shall have been changed, then the board of commissioners of such counties may district their county at any general or special meeting of such board.

Sec. 2. Whereas an emergency exists, this Act shall take effect and be force from and after its passage.

Approved on the 7th day of February, 1899.

H. B. NO. 73.

AN ACT TO ESTABLISH A STATE NORMAL SCHOOL AT LEWISTON, IN THE COUNTY OF NEZ PERCE.

IDAHO, AND TO CREATE A BOARD OF TRUSTEES FOR THE MANAGEMENT THEREOF.

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. That a normal school for the State of Idaho is hereby established in the City of Lewiston, in the County of Nez Perce, to be called the Lewiston State Normal School, the purpose of which shall be for training and educating teachers in the art of instruction and governing in the public schools of this State, and of teaching the various branches that pertain to a good common school education: Provided, That the mayor and city council of the said city of Lewiston, shall, prior to the first day of May, eighteen hundred and ninety-three, donate to the board of trustees hereinafter named, as a site for the use of the said Lewiston State Normal School, ten acres of land, within the limits of the said City of Lewiston, known and described as a part of the city park of Lewiston, and shall convey the same by a good and perfect title in fee simple to said board of trustees, who are hereby authorized and empowered to

receive and hold the same, and the title thereto, in trust and for the use . of the said Lewiston State Normal School. And the mayor and city

council of the said city of Lewiston are hereby authorized and empowered to convey said site of ten acres, to the said board of trustees as aforesaid. SEC. 2.

The said Lewiston State Normal School shall be under the direction of a board of trustees to be known as "the Board of Trustees of the Lewiston State Norinal School.” The said board of trustees shall consist of six members, to wit: J. M. Howe, B. F. Morris, C. W. Shaff, Ben Wilson, Norman B. Willey and J. W. Reid, who shall, at their first meeting, determine by lot their respective terms of office, which shall be for two, four and six years, and their successors shall be appointed for the term of six years by the Governor of the State of Idaho, by and with the advice and consent of the Senate. Before entering upon the duties of his office, each of said trustees shall take and subscribe an oath or affirmation before some person duly authorized to administer the same, that he will support the Constitution of the United States and the State of Idaho, and will faithfully and impartially discharge the duties of the office of trustee of the Lewiston State Normal School, which oath or affirmation shall be filed in the office of the Secretary of State.

The said board of trustees may conduct its proceedings in such manner as will best conduce to the proper dispatch of business. A majority of the board of trustees shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. No member of said board of trustees shall participate in any proceeding in which he has any pecuniary interest. Every vote and official act of the said board of trustees shall be entered of record. Said board of trustees shall have an official seal, which shall be judicially noticed. Said board of trustees may sue and be sued. No vacancy in the board of trustees shall impair the right of the remaining trustees to exercise all the powers of the said board of trustees. At their first meeting, and annually thereafter, the said board of trustees shall elect from their number a president and a secretary. The State Treasurer shall be ex-officio treasurer of said board of trustees. It shall be the duty of the secretary to keep an exact and detailed account of the doings of said board, and an itemized account of all expenditures authorized by said board.

The said board of trustees are hereby authorized, and it is made their duty, to take and at all times to have general supervision and control of all buildings and property appertaining to said Normal School; and to have general charge and control of the construction of all buildings to be built. They shall have power to let contracts for building and completion of any such buildings, and the entire supervision of their construction.

Sec. 5. One-half of all funds appropriated for the use and benefit of normal schools in the State of Idaho, from every source, including sales

Sec. 3.

SEC. 4.

SEC. 7.

of land donated by the government of the United States to the State of Idaho, for the establishment and maintenance of State normal schools, shall be under the direction and control of the said board of trustees subject to the provisions herein contained. The treasurer of the board shall pay out of such funds all orders or drafts for money to be expended under the provisions of this Act. Such orders or drafts to be drawn by the State Auditor on certificates of the secretary countersigned by the president of the said board of trustees. No such certificates shall be given ex- . cept upon accounts audited and allowed by the said board: Provided, The board of trustees of said Lewiston State Normal School, may use all of the funds in the State treasury arising from the sale of any part of said lands, until such time as another State normal school shall be establisined: and, Provided, further, not more than fifty thousand (50,000) acres of said lands shall ever be sold for said purpose of establishing and maintaining the Lewiston State Normal School, and said board of trustees shall never use more of said funds than necessary for the purpose of carrying out the provisions of this Act.

Sec. 6. The board of trustees shall hold two regular meetings annually, at the said city of Lewiston, but special meetings may be called by the president of the board by sending written notice at least ten days before such meeting, to each member.

The board of trustees shall have power to elect a principal and all other teachers that may be deemned necessary, to fix the salaries of the same and to prescribe their duties. They shall have power to remove either the principal, assistant or teachers, and appoint others in their stead.

Sec. 8. It shall be the duty of the board of trustees to prescribe the course of study and the time and standard of graduation, and to issue such certificates and diplomas as may from time to time be deemed suitable. These certificates and diplomas shall entitle the holder to teach in the public schools of any county in this State for the time and in the grade specified in the certificate or diploma. SEC. 9.

The board of trustees shall prescribe the text books, apparatus, and furniture, and provide the same, together with all necessary stationery for the use of pupils. SEC. 10.

The board of trustees, shall, when deemed expedient, establish and maintain a training or model school or schools, in which the pupils of the normal school shall be required to instruct classes under the supervision and direction of experienced teachers.

SEC. II. The board of trustees shall ordain such rules and regulations for the adınission of pupils to said normal school as they shall deem necessary and proper. All classes may be admitted into the said normal school who are admitted without restriction into the public schools of the State: Provided, The applicant, if a male, must be not less than sixteen years of age, or if a female, not less than fifteen years of age. Applicants must also present letters of recommendation from the county superintendent of public instruction of the county in which they reside, certifying to their good moral character, and their fitness to enter the normal school. Before entering, all applicants must sign the following declaration: "We hereby declare that our purpose in entering the Lewiston State Normal School is to fit ourselves for the profession of teaching, and that it is our intention to engage in teaching in the public schools of this State."

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