« PreviousContinue »
duties enjoined on them as electors aforesaid by the Constitution and laws of the United States and of this State.
Every elector of this State for the election of President and Vice-President of the United States, hereafter elected, who shall attend and give his vote for those offices at the time and place appointed by law, shall be entitled to receive the sum of five dollars per day for each day's attendance at such election, and fifteen cents per mile for each mile he shall travel in going to and returning from the place where the electors shall meet, by the most usual traveled route, to be paid out of the general fund, and the Auditor of State shall audit the amount and draw his warrant for the same.
SEC. 6. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.
Approved the 2nd day of February, 1899.
H. B. NO. 32
AN ACT FIXING THE TERM OF STATE, DISTRICT AND COUNTY OFFICERS; PRESCRIBING THE FORM OF
OFFICIAL OATH AND BEFORE WHOM IT MUST BE TAKEN BY COUNTY OFFICERS; AMEND
ING SECTION 355 OF THE REVISED STATUTES OF IDAHO.
SECTION 1. The regular term of office of State and district offices, and the judges of the Supreme aud district courts, shall commence on the first Monday of January next after their election.
Sec. 2. The Senators and Representatives shall be elected for the term of two years from and after the first day of December next follow. ing the general election.
Sec. 3. Before any officer elected or appointed to fill any office, created by the laws of the State of Idaho, enters upon the duties of his office, he must take and subscribe an oath, to be known as the "official oath,” which is as follows:
I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution and the laws of this State; that I will faithfully discharge all the duties of the office of. cording to the best of my ability. So help ine God.
The oath of office must be taken by county commissioners before the county recorder of their respective counties on the second Monday of January succeeding each general election, and on the same day the other county officers must take and subscribe the official oath before the chairinan of the board.
Sec. 5. Whereas an emergency exists therefor this Act shall take ef. fect and be in force from and after its passage.
SEC. 6. All acts and parts of acts in conflict with this Act are hereby repealed.
Approved the 2nd day of February, 1899.
H. B. NO. 33.
CONCERNING VACANCIES IN
Be it enacted by the Legislature of the State of Idaho:
SECTION I. Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows:
FIRST.–The resignation of the incumbent.
FOURTH.—The decision of a competent tribunal declaring his office vacaut.
FIFTH.--His ceasing to be a resident of the State, district, county, in which the duties of his office are to [be] exercised, or for which he may have been elected.
Sixth.—A failure to elect at the proper election, there being n10 in. cumbent to continue iu office until his successor is elected and qualified, nor other provisions relating thereto.
SEVENTH.-A forfeiture of office as provided by any law of the State.
EIGHTH.-Conviction of any infamous crime, or of any public offense involving the violation of his oath of office.
NINTH.—The acceptance of a commission to any military office, either in the militia of this State, or in the service of the United States, which requires the incumbent in the civil office to exercise his military duties out of the State for a period not less than sixty days. Sec. 2.
Resignations of civil offices may be made as follows: FIRST.-By the Governor to the Legislature, if in session; if not, to the Secretary of State.
SECOND). --By Senators and Representatives in Congress, and by all officers elected by the qualified voters of the State, and by Judges of the Supreme Court and district courts, district attorneys and Regents of the University, to the Governor.
THIRD.-By members of the Senate and House of Representatives, to the presiding officers of their respective bodies, if in session, who shall immediately transmit information of the same to the Governor. If such bodies are not in session, to the Governor.
Fourth.--By all county and precinct officers, to the county board, and by members of the county board, to the county auditor.
FIFTH.-By all township officers, to the township clerk; and by the township clerk to the town board.
Sixth.-By all officers holdivg appointment, to the officer or body by whom they were appointed. Such resignation shall not take effect until accepted by the board or officer to whom the same is made.
All vacancies in any State office, and in the Supreme and district courts, or in the office of district attorney, unless otherwise provided for by law, shall be filled by appointment by the Governor, until the next general election after such vacancy occurs, when such vacancy shall be filled by election.
Vacancies shall be filled in the following manner: In the office of the reporter of the Supreme Court, by the Supreme Court. In all other State and judicial district offices, and in the inembership of any board or commission created by the State, where no other method is specially provided, by the Governor. In county and precinct offices, by the county board; and in the membership of such board, by the Governor. In township offices, by the town board; but where the offices of the town board are all vacaut, the clerk shall appoint; and if
there be no town clerk, the county auditor shall appoint. In city and village offices, by the mayor and council or board of trustees.
Every officer elected or appointed for a fixed term shall hold office until his successor is elected or appointed and qualified, unless the statutes under which he is elected or appointed expressly declares the contrary. This section shall not be construed in any way to prevent the removal or suspension of such officer, during or after his terın in cases provided by law.
Sec. 6. Appointments under the provisions of this chapter shall be in writing, and continue until the next election, at which the vacancy shall be filled and until a successor is elected and qualified, and be filed with the Secretary of State, or proper township clerk, or proper county auditor, respectively.
Sec. 7. When a vacancy occurs in a public office, possession shall be taken of the office room, and of the books, papers, and all things pertaining to the office, to be held until the election or appointment and qualification of a successor, as follows:
Of the office of county clerk, by his deputy, if there be one; if not, by the county commissioners; and in case of any delay in the election or appointment of a successor to the county clerk, his deputy shall continue to discharge the duties of the office, being responsible for the conduct and management thereof upon his official bond. Of the office of county treasurer, by the sheriff. Of any of the State officers, by the Governor, or in his absence or inability at the time of the occurrence as follows: Of the Secretary of State, by the Treasurer; of the Auditor of Public Accounts, Commissioner of Public Lands and Buildings, and Superintendent of Public Instruction, by the Secretary of State; of the Treasurer, by the Secretary of State and Auditor of Public Accounts, who shall make an inventory of the money and warrants therein, sign the same and transinit it to the Governor, if he be in the State; and the Secretary of State shall take the keys of the safes and desks, after depositing the books, papers, money and warrants therein, and the Auditor shall take the key of the office room.
SEC. 8. Vacancies occurring in any State, judicial district, county, precinct, township or any public elective office, thirty days prior to any general election shall be filled thereat. Vacancies occurring in the office of probate judge or justice of the peace, shall be filled by appointment by the county commissioners.
Sec. 9. All vacancies in any county or precinct office of any of the several counties of the State, except that of the county commissioners (who shall be appointed by the Governor,) shall be filled by appointment by the county commissioners of the county in which the vacancy occurs until the next general election, when such vacancy shall be filled by election.
SEC. 10. Whenever the Governor appoints a county commissioner to fill a vacancy in any county, he shall appoint a person who is a resident of the commissioner district of the county in which the vacancy exists.
SEC. U Whenever any vacancy shall occur in the office of Representative in Congress from the State, it shall be the duty of the Governor to appoint a day to hold a special election to fill such vacancy, and cause notice of such election to be given as required in sections fourteen and fifteen of the general election law.
Sec. 12. When a vacancy occurs in the office of Representative in Congress, or members of the Legislature, and the body in which such vacancy exists will convene prior to the next general election, the Governor shall order a special election to fill such vacancy at the earliest practicable time, and ten days notice of suchi election shall be given.
SEC. 13. Any of the said officers that may be elected or appointed to fill vacancies may qualify and enter upon the discharge of the duties of their offices immediately thereafter; and, if elected, they may hold the same during the unexpired term for which they were elected, and until their successors are elected and qualified; but if appointed they shall hold the same only until their successors are elected and qualified. Whenever a vacancy occurs in either house of the Legislature, the Governor must at once issue a writ of election to fill such vacancy: Provided, That it is apparent that there will be a session of the Legislature after such vacancy occurs and before the next general election. SEC. 14.
Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.
All acts and parts of acts in conflict with this Act are hereby repealed.
Approved the 2nd day of February, 1899.
H. B. NO. 34.
AN ACT REGELATING THE RIGHTS OF ALIENS, CORPORATIONS AND ASSOCIATIONS TO ACQUIRE REAL
ESTATE; PROHIBITING THE EMPLOYMENT OF UNNATURALIZED ALIENS AND PROVIDING FOR THE DISCHARGE OF THE SAME.
Be it enacted by the Legislature of the State of Idaho:
SECTION. I. No person other than a citizen of the United States, or who has declared his intention to become such, nor any association or corporation, except railway corporations, whose members are not exclusively citizens of the United States, or persons who have declared their intention to become such, shall hereafter acquire any land, or title thereto, or interest therein, other than mineral lands, or such as may be necessary for the actual working of mines and the reduction of the products thereof: Provided, That no person not eligible to become a citizen of the United States shall acquire title to any land or real property within this State, except as hereinafter provided: Provided, further, This Act shall not prevent the holders (whether aliens or non-residents, corporations or associations) of liens upon real estate, or any interest therein, heretofore or hereafter acquired from holding or taking a valid title to the real estate in the enforcement of such lien; nor shall it prevent any such alien, association or corporation from enforcing any lien or judgment for any debt or liability now existing, or which may be hereafter created, nor from becoming a purchaser at any sale made for the purpose of collecting or enforcing the collection of such debt or judgment; nor from preventing widows or heirs who are aliens, or who have not declared their intention to become citizens, from holding lands by inheritance; but all lands acquired as aforesaid shall be sold within five years after the title thereto shall be perfected in such alien, association or corporation, and in default of such sale, within such time, such real estate shall revert and escheat to the State of Idaho. The
provisions of this Act shall not be construed in any way to prevent or interfere with the ownership of mining land, or land necessary for the working of mines or the reduction of the products thereof.
Sec. 2. Any person, whether citizen or alien, (except as hereinafter provided) natural or artificial, may take, hold and dispose of mining claims and mining property, real or personal, tunnel rights, mill sites, quartz mills and reduction works used or necessary or proper for the reduction of ores, and water rights used for mining or milling purposes, and any other lands or property necessary for the working of mines or the reduction of the products thereof: Provided, That Chinese, or persons of Mongolian descent not born in the United States, are not permitted to acquire title to land or any real property under the provisions of this Act.
No person not a citizen of the United States, or who has not declared his intention to become such, or who is not eligible to become such, shall be employed upon any State or municipal works; nor shall any such person be employed by any contractor to work on any public works of the State or any municipality: Provided, That any State prisoner may be employed within the State prison grounds and as provided in section 3, article 13, of the Constitution.
SEC. 4. Any person who shall violate any of the provisions of section one of this Act, on conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars for each person so employed, or by imprisonment in the county jail until such fine be paid, or until discharged as provided by law.
It shall hereafter be unlawful for any county goverment or municipal or private corporation organized under the laws of this State, or organized under the laws of another State or Territory or in a foreign country and doing business in this State, to give employinent in any way to any alien who has failed, neglected, or refused, prior to the time such employment is given, to become naturalized or declare his intention to become a citizen of the United States.
Sec. 6. Whenever employment has been innocently given to any alien by any county government, municipal or private corporation mentioned in Section 1 of this Act, and complaint shall be made in writing by any person to the officers of the county government, or municipal corporation, or general manager, superintendent, foreman, or other agent of the private corporation, having charge or superintendency of the labor of such alien employee, that such employee is an alien he shall forth with discharge such employee from employment unless said employee shall produce his declaration to become a citizen, or his certificate of naturalization, or a duly certified copy thereof.
SEC. 7. Any public officer or any county government, or municipal corporation, or any general manager, superintendent, foreman, or other agent of any private corporation, or any contractor or agent of any company engaged in public work, who shall violate any of the provisions mentioned in this Act, who shall knowingly give einployment to any alien or who having innocently given such employment shall on complaint being made to him by any person fail or refuse to discharge any such employee forthwith on the failure or refusal of such employee to produce for his inspection and the inspection of the complainant his declaration of intentions to become a citizen, or certificate of naturalization as provided in section 2 of this Act, shall be deemed guilty of a misdemeanor.