such bonds, and may from time to time, authorize the refunding of any indebtedness of the city.

SEC. 2.

Whereas an emergency existing therefor, this Act shall be in

force from and after its passage and approval by the Governor.

Approved on the 9th day of February, 1899.

H. B. NO. 80.

AN ACT

REGULATING THE FEES AND MILEAGE OF WITNESSES IN CRIMINAL PROCEEDINGS; AMENDING SECTION 8151 OF THE REVISED STATUTES OF IDAHO.

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

SECTION I.

That section 8151 of the Revised Statutes of Idaho, be and the same is amended to read as follows:

When a person shall attend before a grand jury, or the district court, as a witness, upon a subpoena, or pursuant to an undertaking, such person shall receive the sum of twenty-five cents a mile, one way for each mile actually traveled, but no person can receive more than one mileage under this section, at one term of the district court; such person shall also receive two dollars per day for each day's actual attendance as such witness. Such mileage and per diem must be paid out of the county treasury of the county where such district court is held, upon the certificate of the clerk of said court: Provided, however, That when a defendant in a criminal proceeding requires the attendance of more than five witnesses in his behalf before such witnesses shall be subpoenaed at the county expense or their fees and mileage be a charge against the county such defendant must make affidavit setting forth that they are witnesses whose evidence is material to his defense that he cannot safely go to trial without them. In such case the court shall order a subpoena to issue for such of said witnesses as the court may deem material for the defendant and the costs incurred by the process and the fees and mileage of such witnesses shall be paid in the same manner that costs and fees of other witnesses are paid.

SEC. 2. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.

Approved on the 9th day of February, 1899.

H. B. NO. 81.

AN ACT

PROHIBITING THE SALE AND PURCHASE OF OPIUM FOR SMOKING; THE KEEPING OF RESORTS FOR SMOKING OPIUM AND THE FREQUENTING THEREOF. AMENDING SECTIONS 6830, 6831, AND 6832 OF THE REVISED STATUTES OF IDAHO.

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

SECTION I. That section 6830 of the Revised Statutes of Idaho, be amended to read as follows:

Section 6830. Every person who opens, maintains or keeps any house or place as a resort for the purpose of smoking opium, or any preparation containing opium, or who barters, sells, vends or gives away opium, or any preparation containing opium for the purpose of being smoked, or that is smoked upon the premises, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding three hundred dollars, or by imprisonment in the county jail, not exceeding six months, or by both such fine and imprisonment; and in case any

such fine and the costs of prosecution are not paid, any person or persons convicted under this section and sentenced to pay a fine, may be held by the sheriff and compelled to work at hard labor in a chain-gang or otherwise, in charge of a keeper, upon the public highways, or elsewhere, or for any person who may contract with the sheriff for such labor, until such fine and costs are fully paid, at the rate of one dollar a day for each day of ten hours of hard labor, and any money so received shall be applied to the payment of the fine and costs.

And upon any conviction under this section, the court before which such conviction is had, may direct the sheriff, or arresting officer, to destroy any opium, or preparation containing opium, or all pipes, utensils, implements and other things used, had or kept for use, or designed or adopted for use in smoking opium, or any such preparation that may have been used in evidence on the trial of any person convicted under this Act, or that may be found upon his person or premises.

SEC. 2. That section 6831 of the Revised Statutes of Idaho be

amended to read as follows:

Section 6831. Every person who bargains for, buys, takes or accepts any opium or preparation containing opium in any house or place to be smoked upon the premises, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment.

SEC. 3.

That section 6832 of the Revised Statutes of Idaho be amended to read as follows:

Section 6832. Every person who is found in any house, or place kept or used as a resort or place for the purpose of smoking opium, or any preparation containing opium, without any lawful business, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment.

SEC. 4.

by repealed.

SEC. 5.

All acts and parts of acts in conflict with this Act are here

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

Approved on the 9th day of February, 1899.

H. B. NO. 82.

AN ACT

TO PROVIDE FOR THE INTERNAL IMPROVEMENT OF THE STATE BY THE CONSTRUCTION OF A SYSTEM OF WAGON ROADS IN THE COUNTIES OF BOISE, CUSTER, LEMHI, IDAHO, SHOSHONE, KOOTENAI, LATAH, AND NEZ PERCE, AND PROVIDING FUNDS FOR THE CONSTRUCTION OF SAID SYSTEM OF WAGON ROADS BY THE ISSUANCE OF A SERIES OF STATE ROAD BONDS.

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

SECTION 1. There shall be constructed in the counties of Boise, Custer, Lemhi, Idaho, Shoshone, Kootenai, Latah and Nez Perce, in the State of Idaho, a system of State wagon roads, commencing at Banner in said Boise County and running thence by way of Bear Valley in said Idaho County, and thence by the way of the mouth of Yankee Fork and the Salmon river to the head of the North Fork of Salmon river at the line between the State of Idaho and the State of Montana. Said road shall be laid over such

ground as the commission hereinafter provided for shall deem the most practicable.

SEC. 2. There shall be further constructed as a portion of said system. of roads, a road beginning at the head of the falls of the Little Salmon river at the county line between Washington and Idaho Counties, thence down Little Salmon river to the main Salmon river, thence down the main Salmon river to the southern terminus of the present wagon road at John Dumacq's place about four miles above the mouth of White Bird creek, thence by the way of the present wagon road in a northerly direction to Mount Idaho in Idaho County, and extending thence north through Nez Perce and Latah Counties by the way of the mouth of the St. Mary's river in said Kootenai County to Wallace, in said Shoshone County, with a branch also extending from Clear Water to Elk City in said Idaho County over the most direct and practicable route, together with such bridges over the streams crossed by all of said roads as may be necessary for safe and convenient travel thereon.

SEC. 3. At the April meeting after the passage of this Act the boards of county commissioners of the counties of Boise, Custer, Lemhi, Idaho, Shoshone, Kootenai, Latah and Nez Perce shall each appoint one resident citizen of its respective county to be a commissioner for the construction of said system of wagon roads and the persons so appointed by the respective boards shall constitute a commission for the supervision and construction of said system of wagon roads. Should a vacancy at any time occur in said commission by death, resignation, failure to act or otherwise said vacancy shall be filled by the appointment of some other competent resident person by the board of county commissioners of the county in which the vacancy occurs.

SEC. 4. The first meeting of said commission shall be held at Boise City in Ada County, on the the first day of June 1893. Subsequent meetings shall be held at such places and times as a majority of the commission may determine. Each member of the commission, before entering upon the duties of his office, shall take and subscribe an oath to faithfully discharge the duties of his trust according to law, which oaths shall be filed in the office of the Secretary of State.

SEC. 5. At the first meeting of said commissioners they shall select one of their number as president of the commission, and shall choose one of their number, or some other competent person, secretary of the commission, to act during their pleasure, and may fix his compensation, which shall not exceed two hundred and fifty dollars per annum for all services rendered as secretary. The Treasurer of the State of Idaho shall be treasurer of the commission, and shall be liable upon his official bond for the faithful performance of his duties as such.

SEC. 6. No commissioner shall be interested in any contract to be let or made under the provisions of this Act, or in any supplies furnished to or for said commission, or be a surety for the performance of any such contract, or the agent or partner of any contractor with said commission, and no action shall be maintained or recovery had against said commission or the State upon a contract or obligation in which any commissioner is so interested, but the same shall be void.

SEC. 7. Said commission shall keep an accurate account of all money disbursed by them under the provisions of this Act, and shall make a report and statement on the first day of June and January of each year, to

the Governor, of all their disbursements, contracts and transactions; and shall, upon the completion of said system of wagon roads and its acceptance by them as herein before provided, or whenever such report shall be demanded by the Governor, make a full and complete report to the Governor of all their transactions of all kinds in and about said roads which report the Governor shall transmit to the next succeeding session of the Legislature. The commission may make such rules and regulations for the transaction of its business and for the government of its appointees and employees as it may deem expedient and necessary.

SEC. 8. Said commission or a majority of the members thereof, shall, at their first meeting, or as soon as practicable thereafter, appoint one or more persons to survey and definitely locate the roads to be constructed under this Act between such places and along such general routes as said commission may order, subject to the provisions of this Act. Each person so appointed shall be a competent civil engineer of recognized standing and practical skill, and he shall have power to employ under the direction of said commission, the necessary assistants to carry on the work of location and construction of said roads. All moneys paid out by the said commission, to any contractor or contractors, shall be paid out only after the amounts so due shall have been approved by said engineer who shall certify that the amounts called for are actually due by reason of work done under the terms of a contract duly executed, a copy of which contract shall be furnished to said engineer. All amounts due under any contract shall be computed by said engineer. Said engineer shall recommend a proper form of contract to be entered into between said commission, as representing the State of Idaho, and the contractor. The compensation of said engineers shall be fixed by the board not to exceed one hundred and fifty dollars per month each and expenses, and the total sum expended for engineering work, including locating and superintending the construction of said system of roads shall not exceed twelve thousand dollars in the aggregate. All work done by said engineers shall be accurately performed and clearly marked out in the field. Provided; That no grade on said roads shall exceed ten per cent.

SEC. 9. As soon as practicable after the lines of said roads have been determined the commission shall meet at such place as may be determined upon and shall proceed to divide the lines of said proposed roads into sections, naming as the beginning and end of each section well known and easily determined points; and shall determine and settle upon the width of proposed grades, the points on said roads where culverts, corduroys, drains, and turn-outs shall be necessary, the distance upon each side of the roads that trees shall be cut down, the bridges that shall be built and their dimensions, method of construction and material out of which they shall be built, and all other requirements that may be proper and necessary.

SEC. 10. That upon dividing said roads into sections, as provided for in section 9, the said commission shall let as soon as practicable in the year 1893, to the lowest responsible bidder or bidders, after public advertisement in such newspapers, five in number, published in the State of Idaho, as may be selected by the commission as most likely to give notice to contractors, for 40 days, contracts for such of the several and different sections of said road as the commission may decide upon letting for said year: Provided; That if any contracts are let, they shall

be equally distributed along the lines of said roads and not confined to any particular portion, or section of said roads, nor to any particular county through which the said roads shall be laid. Each contract shall include one section of said roads, and shall be in writing and shall call for such. width of grades and other requirements as may have been determined upon by the commission and shall include all bridges, culverts, corduroys, drains, turn-outs and other requirements as may have been settled upon by the commission. The commission shall require proper and adequate bonds or cash security from all contractors and may reject any or all bids if in their judgment the same are for an excessive amount. The contract shall be for sections of said roads commencing at Banner in Boise County, and extending toward Bear Valley in Idaho County and on the line of said road; and from Salmon City in Lemhi County and extending toward Yankee Fork in Custer County and commencing at Yankee Fork and extending toward Bear Valley in Idaho County and on the line of said road; and from Salmon City in Lemhi County and extending toward the head of the north fork of the Salmon river at the line between Idaho and Montana and on the line of said road; and commencing at John Dumacq's ranch and extending toward the falls of the Little Salmon river and on the line of said road; and commencing at Wallace in Shoshone County and extending toward the mouth of St. Mary's river in Kootenai County and on the line of said road; and commencing at the mouth of St. Mary's river, in Kootenai County and extending toward Mount Idaho in Idaho County, and on the line of said road; and from Clear Water in said Idaho County and extending toward Elk City, in said county, and on the line of said road; Provided, however, That the contracts let under this section shall not exceed the sum of one hundred and fifteen thousand dollars and Provided further That the total amount expended under the provisions of this Act, shall not exceed, for the various portions of the roads, the following sums. On that portion between Banner and Bear Valley the sum of eleven thousand dollars. On that portion between Bear Valley and the head of the north fork of the Salmon river by way of Yankee Fork and Salmon City the sum of forty thousand dollars. On that portion between the Clear Water and Elk City the sum of eight thousand dollars. On that portion from the head of the falls of the Little Salmon river to Mount Idaho, the sum of twenty-seven thousand dollars. On that portion from Mount Idaho to the mouth of the St. Mary's river the sum of twelve thousand dollars. On that portion from the mouth of the St. Mary's river to Wallace seventeen thousand dollars and Provided further, That if the cost of the construction of any portion of said roads, as mentioned in this section shall not reach the above mentioned sums allowed in this section, for each portion of said. roads, then such surplus from the amount allowed for such portion may be used on any other portion of said roads at the discretion of the said board of commissioners.

SEC. II. Should any or all of the bids presented be rejected by the commissioners, or should any part of said roads not be bid upon, the commission may re-advertise for bids upon such sections of said proposed roads as have not been bid upon or upon which the bids have been rejected, and let the same at a subsequent meeting at such time and place as may be determined by the commission.

SEC. 12. Each commissioner provided for in this Act shall receive