tion, which petition shall state in detail the terms upon which such consolidation is proposed to be made. Upon receiving such petitions said board of county commissioners shall request the State Engineer to investigate the conditions of such districts and all questions affecting such proposed consolidation and he shall make report of the result of such investigations to the board of county commissioners, not more than ninety days after such request is received. At the time said report upon the

matter is made, said board of county commissioners, if deemed advisable, shall make an order fixing a time for an election in said districts to vote upon the question of such proposed consolidation, which time shall not be less than thirty nor more than sixty days after the date of said. report.

Notice of such election shall be published as required for notice of election in section 2, of this Act; and the said boards of directors shall make all necessary arrangements for such election in their respective districts as provided in this Act for other elections. The ballot shall be substantially as follows:

Consolidation-Yes, Consolidation-No.

The said boards of directors shall canvass the returns of such election as provided in case of usual district elections, and shall immediately thereafter transmit by messenger or registered mail, certified abstracts of the result of said election in their respective districts, to the clerk of the board of county commissioners.

Within ten days after such returns are received by said clerk the said board of county commissioners shall meet and canvass the same. If it appears that a majority of all the votes cast in each of said districts is "Consolidation-Yes" said board shall make an order, and enter the same of record in its minutes, establishing said consolidated district, giving its boundaries and designation, and in detail, the terms under which the consolidation has been effected, and dividing said consolidated district into five divisions, and shall appoint some person qualified under this Act, to act as director for each of said divisions of said district until the next general election for the election of officers under the operation of this Act: Provided however, That the organization of such district shall not take effect until the first Tuesday of the February following said order of its establishment.

If the date provided by law for the election of directors shall come between the date of said order of the board of county commissioners and said first Tuesday of February, then in making such order said board shall designate the board of directors of one of the consolidated districts as a board to take charge of said election, and a director shall in that case be elected for each said division of said consolidated district, and in that case no appointment of directors shall be made by the said board of county commissioners.

If, however, upon such canvass by said board of county commissioners it appears that a majority of the votes cast in any district thus proposed to be consolidated is "Consolidation-No," then a record of that fact shall be entered in the minutes of said board of county commissioners, and all the proceedings had under this section shall be void.

SEC. 57. On or before the first Tuesday of February of each year the board of directors of each irrigation district organized under this Act, shall publish in at least one issue of some newspaper published in the

county or counties in which such district is situated a full, true, and correct statement of the financial condition of said district on the first Monday of the preceding January, giving a statement of all liabilities and assets of the district on such first Monday of January.

SEC. 58. Any board of directors of any such irrigation district or the secretary thereof, shall allow at any time any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records and vouchers of the district which are in possession or control of said board of directors or said secretary of said board.

SEC. 59. An act entitled "An act to provide for the organization and government of irrigation districts and to provide for the acquisition of water and other property and for the distribution of water thereby for irrigation and similar purposes," approved March 9th, 1895, and all other acts or parts of acts amendatory thereto be and the same are hereby repealed.

Approved, March 6, 1899.

H. B. NO. 267.

AN ACT

TO PROVIDE FOR THE APPOINTMENT OF A STATE FISH AND GAME WARDEN, AND DEPUTY WARDENS; DEFINING THEIR DUTIES AND FIXING THEIR SALARIES; AND TO PROVIDE FOR THE PROTECTION OF FISH AND GAME, AND REPEAL ALL OTHER ACTS IN FORCE RELATIVE TO THE PROTECTION OF FISH AND GAME, EXCEPT THE ACT RELATIVE TO BUFFALO; AND TO APPROPRIATE MONEY FOR THE SALARY AND OFFICE EXPENSES OF THE STATE FISH AND GAME WARDEN.

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

SECTION I. The Governor, at the beginning of his term of office, shall appoint a competent person as Fish and Game Warden, whose term of office shall be two years, or until his successor is appointed and qualified. SEC. 2. Before entering upon his duties the said Warden shall file with the Secretary of State, after approval by the Governor, a good and sufficient bond with two or more sureties in the sum of one thousand dollars, conditioned upon the faithful discharge of his duties.

SEC. 3.

Said Fish and Game Warden shall receive as full compensation the sum of twelve hundred dollars per annum, to be paid out of the public treasury, in the same manner as salaries of other State officers. SEC. 4. The Fish and Game Warden is hereby authorized to appoint a special deputy in each county in this State, who shall be a resident of the county for which he is appointed, such special deputy to see that the fish and game laws are observed within the county for which he is appointed. SEC. 5. Such special deputy shall receive as his compensation one-half of all fines recovered upon prosecution procured by him for violation of the fish and game laws of this State, and shall receive no other compensation.

SEC. 6. It shall be the duty of said Warden and his deputies to enforce all the laws relating to game and fish; he or any of his deputies shall arrest, or cause to be arrested, all violators thereof and prosecute the same; he and each of his deputies shall have full power to arrest any and all persons who may be found violating any of the fish and game laws of the State, when aware of the same of his own knowledge or when informed by sworn information. He and each of his deputies is hereby authorized to arrest without process of warrant any person or persons found violating any of the fish and game laws of the State, when

detected in the act, or found with fish or game in their possession at the time of arrest. SEC. 7. It shall be unlawful for any person or persons to kill, ensnare, trap, or destroy any moose or caribou at any time during the period of five years from and after the passage of this Act.

SEC. 8. It shall be unlawful for any person or persons to kill, ensnare, trap or destroy any deer, antelope, mountain sheep or mountain goat, between the first day of January and the first day of September of each year; or to kill, ensnare, trap, or destroy more than four of any such animals during the time such animals may lawfully be killed in any

one year. SEC. 9. It shall be unlawful for any person to kill, ensnare trap, or destroy any elk, except between the first day of September and the first day of December of any year, and no person shall kill ensnare, trap, or destroy more than two of any such animals between the dates mentioned in this section.

SEC. 10. No person shall kill or wound, ensnare, or trap any beaver or kitten beaver within the State of Idaho for a period five years from and after the approval of this Act. Any person or persons offending against the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any judge or justice of the peace of any county, shall be fined in any sum not less than one hundred dollars nor more than two hundred dollars for the first offense; and for each subsequent offense shall be fined in any sum not less than one hundred dollar nor more than two hundred dollars and be imprisoned in the county jail not less than three months or more than six months.

SEC. II. It shall be unlawful for any person, or persons, or agents or employees of any association or corporation to buy or sell the hides of any of the animals mentioned in any of the preceding sections of this Act.

SEC. 12. It shall be unlawful for any person or persons to hunt or chase with dogs any of the animals mentioned in the preceding sections or to own, keep or have in his possession any dog or dogs for such purpose.

SEC. 13. Any person or persons found guilty of violating any of the provisions of section 7 of this Act, shall be fined in a sum not less than one hundred and fifty dollars nor more than three hundred dollars, or be imprisoned in the county jail not less than three months nor more than six months, or by both such fine and imprisonment.

Any person or persons found guilty of violating any of the provisions of sections 8, 9, 11, or 12 of this Act shall be fined in a sum not less than fifty dollars nor more than one hundred dollars. Provided, That each and every animal killed, trapped, ensnared, or destroyed in violation of any of the provisions of this Act shall constitute a separate offense.

SEC. 14.

It shall be unlawful for any person or persons to kill, ensnare, trap or destroy any quail except between the 31st day of October and the first day of December of each year.

SEC. 15. It shall be unlawful for any person or persons to kill, ensnare, trap, or destroy any partridge, pheasant, grouse, prairie chicken, sage hen or fool hen, except between the 15th day of August and the first day of December of each vear Provided that no Mongolian pheasant shall be killed, ensnared, trapped, or destroyed for a period of three years next following the passage of this Act.

SEC. 16. It shall be unlawful for any person or persons to kill, ensnare, trap or destroy any species of wild duck, goose, or swan, between the first day of March and the fifteenth day of August of each year.

SEC. 17. It shall be unlawful for any person or persons to catch or kill any species of fish, except salmon, carp, chub, mullet, sucker, shad, white fish, and sturgeon, in any of the streams rivers lakes, reservoirs or waters lying within the State of Idaho, with any seine, net or any spear, weir fence, basket, trap, gill-net, set-net, or any other contrivance except hook and line attached to a pole or held in the hand.

SEC. 18. It shall be unlawful to use for the killing of any fish, any poisonous, deleterious, or stupefying drug, dynamite, giant powder, or other explosive at any time of the year and every person violating any of the provisions of this section, shall be deemed guilty of a felony and upon conviction shall be imprisoned not less than six months nor more than one

year.

SEC. 19. It shall be unlawful for any person or persons, agent or employee of any association or corporation to buy or sell, or to expose, or offer for sale, any of the animals, birds, or fish, or any part or parts of any such animal, bird or fish protected by the provisions of this Act at any time of the year.

SEC. 20. If any person or persons, agent or employee of any association or corporation shall be found in possession of any of the animals, birds, or fish, or any part or parts of any of the animals, birds, or fish protected by this Act, between the dates within which the killing, taking, ensnaring, entrapping, or destroying of the same is declared to be unlawful, it shall be deemed prima facie evidence that such person or persons, agent or employee killed, ensnared, trapped or destroyed the same in violation of this Act. Provided, That the provisions of this section shall not apply to persons having in possession for preservation any stuffed birds or animals, or heads or horns of animals not taken or killed in violation of the provisions of this Act or other game laws of the State of Idaho.

SEC. 21. It shall be unlawful for any railway, express company, stage line or other public carrier, or any of their agents or employees to receive or have in their possession for transportation any of the animals, birds, or fish, or any part or parts of any animals birds or fish protected by the provisions of this Act or other laws of this State, or to transport the same after the passage of this Act. Except, that nothing in this Act shall prevent shipping or transporting in any manner, mounted heads, or stuffed birds or animals to any point within the State; Provided, That such birds or animals were not killed in violation of this Act or other laws of the State, or that such heads or horns were not taken from animals taken or killed in violation of this Act or other laws of this State.

SEC. 22. It shall be unlawful for the owner or owners of any sawmill, or any of the employees thereof, or any other person or persons whomsoever to deposit, throw, or in any way permit to pass into any natural stream or any lake wherein are living fish, any sawdust, or other substance that will or may tend to the destruction or driving away any fish from such

waters.

SEC. 23. Every person, firm, company or corporation, maintaining or keeping up any dam, weir, or other artificial obstruction upon any of the streams of water in this State in which any food fish are wont to ascend, shall erect and maintain at such dam, weir or other obstruction, a fishway

or ladder suitable to enable the fish to pass over, through or by said obstruction.

SEC. 24. Any person or persons violating any of the provisions of sections 14, 15 and 16 of this Act shall, upon being found guilty, be fined in a sum not less than ten nor more than fifty dollars, together with costs of suit, for each and every bird killed, ensnared, trapped or destroyed, in violation of the provisions of such sections.

SEC. 25. Any person or persons guilty of catching or killing any species of fish except salmon, carp, chub, mullet, sucker, shad, white fish, or sturgeon, in any of the streams, rivers, lakes, reservoirs, or waters lying within the State of Idaho, with any seine or net, or any spear, weir, fence, basket, trap, gill net, set net, or any other contrivance except hook and line attached to a pole, or held in the hand, shall, upon conviction, be fined in a sum not less than fifty dollars, nor more than one hundred dollars, together with costs of suit; or be imprisoned in the county jail for not more than six months, or by both such fine and imprisonment.

Any person found guilty of catching any species of fish except for breeding, between the first day of November and the first day of May of the succeeding year shall upon conviction be fined in a sum not less than ten, nor more than fifty dollars, together with costs of suit, for each and every offense.

SEC. 26. Any person or persons, agent or employee of any association or corporation violating any of the provisions of section 19 and 21 of this Act, shall upon conviction thereof be fined in any sum not less than twenty-five, nor more than seventy-five doilars, together with costs of suit.

SEC. 27. Any person or persons, firm, company, or corporation guilty of violating any of the provisions of sections 22 and 23 of this Act shall upon conviction be fined in any sum not less than fifty, nor more than one hundred dollars, together with costs of suit and each and every thirty days that any such person or persons, firm, company, or corporation, shall neglect or refuse to comply with the provisions of the within named sections shall constitute a separate offense.

SEC. 28. All moneys recovered and all fines collected under this Act shall be paid to the treasurer of the county in which the suit, action or proceeding shall have commenced, or in which the offense shall have been committed; and the prosecuting attorney or the treasurer of said county, upon the payment of any fine or judgment may satisfy the same of record for the State, one-half of such money, exclusive of costs, shall be paid to any deputy warden appointed under the provisions of this Act, if said fine be recovered upon prosecution procured by him, and the other one-half half shall be paid into the general school fund of the county in which such fine was recovered; Provided, Where such prosecution is not procured by such deputy warden, one-half of the fine, exclusive of costs shall be paid to the informer, and the other one-half shall be paid into the general school fund of the county in which the prosecution is had.

SEC. 29. It is hereby made the duty of the Fish and Game Warden and all deputies appointed under the provisions of this Act, and every sheriff, deputy sheriff, city marshal, constable and police officer within their respective jurisdictions within the State of Idaho, to enforce all the provisions of this Act, and all laws for the protection of game and fish;