which may require the benefits of this Act, in their efforts to meet the necessary requirements in order that it may participate in the distribution of the funds herein appropriated.

Warrants-How Disbursed.

Section 6. Warrants for all money granted under the provisions of this Act shall be transmitted to the county treasurer like all other school funds under the provisions of the law, and the county treasurer shall place to the credit of the various school districts the amount granted by the State Board of Education and deposited by the State Treasurer, and the county treasurer shall disburse the same as provided by law. Provided, the county treasurer shall disburse such fund only upon vouchers duly issued and delivered to teachers in payment of salaries.

Schools-Share in State and County School Funds.

Section 7. Schools receiving aid under the provisions of this Act shall also share their part of the state and county school funds as now provided.

Repealing Section.

Section 8. All Acts and parts of Acts in conflict herewith are hereby repealed.

Appropriation-For Teachers Salaries Only.

Section 9. No part of the appropriation made under this Act shall be available to the public schools of this State for any purpose except the payment of the salaries of teachers.

Approved March 10, 1924.

CHAPTER 104

HOUSE BILL NO. 21.
Eminent Domain

To

AN ACT authorizing cities and towns to acquire by condemnation, purchase or gift, real estate for the purpose of laying out, opening, extending, widening and straightening streets, boulevards, alleys, parks, public squares and otner public improvements. provide for the payment of the cost and improvement thereof by the levy and collection of assessments against property benefited by reason of such improvement, authorizing the issuance and payment of bonds therefor, authorizing such improvement, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Cities-Condemnation.

Section 1. Any city or town in the State of Oklahoma is authorized to acquire by condemnation, in the manner and form as now provided by law, or by purchase or gift, the necessary real estate for the purpose of laying out, opening, extending, widening or straightening any street, boulevard, alley, park or public square within such city or town, and to provide for the payment of the cost of such real estate in manner and form as is hereinafter specifically set forth.

Engineer-Duties.

Section 2. Wherever the governing body of any city or town

shall deem it necessary to acquire such real estate for the purposes set forth in the preceding section of this Act, it shall direct the engineer of such city or town to prepare the necessary plans, specifications, profiles and an estimate of the probable cost of such improvement and to submit the same for approval to the governing body of such city or town. Upon the approval thereof, such engineer shall at once prepare a written statement, which shall contain the names of the owners of real estate abutting such improvement, not less than one block distance from said improvement, and to include such additional area as shall be deemed to be benefited by reason thereof; and in such statement the said engineer shall distribute the apportion to the lots and parcels of land benefited by such improvement the cost thereof in proportion to the entire area benefited by said improvements. Such statement shall be submitted to the governing body of such city or town, who shall examine the same and correct any errors which may appear therein. When such statement of the engineer has been approved by the governing body of such city or town, it shall by resolution determine and assess the cost of such improvement against such lots and parcels of land and shall direct notice to be given by publication for not less than five (5), nor more than ten (10) days in a daily newspaper published and of general circulation in such city or town, or by publication for four (4) consecutive weeks in a weekly newspaper published and of general circulation in such city or town; and also to mail to the owners of such land liable to assessment for the cost of such improvement a copy of a notice by registered letter and directed to the address of such owner, if known, provided, however, that such notice by registered letter shall be considered cumulative of the service of notice by publication. Such resolution and notice shall fix a time not less than five (5) nor more than fifteen (15) days from the date of the last publication of said notice as a time of hearing any protest or objection which may be made to the apportionment and assessment proposed, at which time said governing body shall meet and hear any and all protests that may be urged against the levy of assessments for the cost of such improvement. Such protests shall be in writing, specifically setting forth the nature of the objection raised and full opportunity shall be given for a hearing on said protest, and for that purpose the said governing body of such city or town shall have the right to hear witnesses until a full and complete hearing shall be had thereon. And after the conclusion of such hearing, the said governing body shall adjudicate such objections as may be urged against the levy of assessments to pay the cost of said improvement. Any objection shall be deemed waived unless presented at the time and in the manner herein specified. Any owner of land liable to assessment shall have the right to institute an action to contest the validity of the amount of said assessment at any time within ten (10) days after the final adjudication thereof by such governing body, but no suit shall be maintained to contest such validity or the amount of said assignment, or any other matter pertaining to the proposed improvement after the expiration of said period of ten (10) days. It is hereby made the duty of the governing body of said city or town to enact an ordinance levying assessments against the several lots and tracts of land benefited by reason of said improvement and to pay the cost thereof and to fix a lien upon such property for the amount of said assessments. Said ordinance shall provide that said assessments are payable in ten (10) equal annual installments, with interest thereon at the rate of seven (7%) per cent per annum, payable annually, and shall further provide that each of said installments shall be due and payable on or before the first day of September of each year, next following the date of the passage of said ordinance and upon failure to pay such installment the city or town clerk shall certify such delinquencies to the County Treasurer to be placed upon the delinquent tax list of the county for the current year; and that in the event said installments are not paid when due, the same shall bear interest at the rate of fifteen (15) per cent per annum, and shall be certified to the County Treasurer of such county to be placed upon the delinquent list and said property sold to pay such delinquent assessment in manner and form as now provided for the sale of property for delinquent taxes. Said ordinance shall also provide that the owner of any lot, piece or parcel of land shall have the right to pay the entire assessment without interest within thirty (30) days from and after the publication of said ordinance.

Local Iimprovement Bonds.

Section 3. Upon the expiration of thirty (30) days from and after the passage of the ordinance set forth in the preceding section, the governing body of such city or town shall, by resolution, provide for the issuance of negotiable interest coupon "Local Improvement Bonds," which bonds shall bear date thirty (30) days after the publication of said assessing ordinance, and shall bear interest at the rate of six (6%) per cent per annum, until paid, and ten (10%) per cent per annum, from maturity, and said bonds shall be of such denomination as shall be provide dfor in said resolution and shall be payable at the office of the city or town treasurer or at the fiscal agency of the State of Oklahoma. Such bonds shall be in such form as shall be by such governing body of such city or town determined, and shall be paid from the accumulation of assessments, interest and penalty, levied against the several lots and tracts of land described i nsuch assessing ordinance, and uch accumulations shall be retained in a separate special fund used for the purpose of paying the bonds and interest thereon, and said funds shall be used for no other purpose whatsoever. Any surplus remaining in such fund, after the payment of all bonds and the interest thereon, shall become and be the property of such city or town. Said bonds may be registered in the name of the owner thereof, and the interest thereon shall be payable annually on the first day of September of each year. Upon the issuance of said bonds herein provided for, the same shall be delivered to the Treasurer of such city or town and shall be sold at not less than par, or may be by such city or town, used for the payment of the cost of acquiring the real estate provided for in section One (1) of this Act, as in the judgment of such governing body may deem most advantageous to such city or town. In no event, however, shall such city or town be liable for the payment of the bonds issued pursuant to this act.

Surface Waters.

Section 4. Whenever the governing body of any city or town shall deem it necessary to grade, pave, macadamize, chat, gravel, install necessary manholes, catch basins, inlets, drainage pipe and sewers with necessary connections therefor, for the purpose of adequately disposing of the surface water falling upon any street, alley, boulevard, park or public square, described in Section one (1) of this Act, it shall have the authority to proceed with such work of improvement, to contract therefor, to levy and collect special assessments and to provide for the issuance and payment of bonds, or tax bills, to pay for such improvements, in the manner and form and in accordance with the provisions of existing law or charter of such city or town; provided, however, that the lots, pieces and parcels of land abutting and adjacent to said improvement, as is described in the written statements of the city or town engineer benefited by reason of the acquiring, opening, extending, widening or straightening such street, alley, boulevard, avenue, park or public square, and as corrected by the governing body of such city or town, as is provided in Section two (2) of this Act, shall be deemed to be the area benefited by reason of the construction of such improvements, and protests and assessments shall be made in accordance therewith.

Assessments.

Section 5. Whenever in the judgment of such governing body of such city or town any lot or tract of land abutting such improvement as provided for in this Act, is or are to be assessed and the cost of such improvement exceeds the benefits accruing to such lot or tract of land, the city or town shall bear the excess and shall pay the same out of the general revenues of such city or town in such manner as shall be determined by the governing body of said city or town.

Constitutionality of Sections.

Section 6. If any Section or Sections, or parts of this Act be held unconstitutional or void, such holding shall not affect the remaining portions of this Act.

Emergency.

Section 7. 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 17, 1924.

CHAPTER 105

HOUSE BILL NO. 23.

Operation of Automobiles For Hire.

AN ACT amending Sections 4531, 4532 and 4533 of the Compiled Statutes of Oklahoma, 1921, authorizing the operation of automobiles for hire within the cities of this State, making them subject to reasonable regulation and control by such cities and prohibiting such cities from enacting or enforcing unreasonable or oppressive ordinances regulating the operations thereof.

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

Automobiles-Operation for Hire Surety Bonds.

Section 1. Section 4531, of the 1921 Compiled Statutes of OkJahoma, is hereby amended to read as follows:

"Section 4531. Any person, firm or corporation may use automobiles or auto-busses for the carrying of passengers for hire within any city of this state subject to the provisions hereinafter contained and reasonable regulation and control by the legislative authority of the city in which said business is conducted, which regulation may include the requiring of a policy of insurance or bond executed by a surety corporation authorized to do business in this State, as surety, covering liability in case of each automobile or auto-buss, the requiring of a definite schedule showing the route to be traversed and the time of all trips to be made, and which regulation may prohibit the carrying of passengers outside of said automobile or auto-busses and may include any other requirement reasonable in its nature."

Same-Reasonable Regulations.

Section 2. Section 4532, of the 1921 Compiled Statutes of Oklahoma, is hereby amended to read as follows:

"Section 4532. No city shall have power to enact ordinances or regulations against the operating of automobiles or auto-busses or jitney lines for the carrying of passengers by charging an unreasonable occupation tax. No city shall prescribe, enact or enforce any ordinance or regulation concerning the business of operating such vehicles for hire which is wholly and clearly prohibitive or unreasonable in its character; Provided any city may exclude the operation of automobiles for hire upon and along streets occupied and used by a street car line paralleling the same, and upon and along the first two streets on either side of a street occupied and used by a Street car line; Provided this act shall not apply to automobiles and auto-busses licensed by the Corporation Commission of Oklahoma to do a carrying business between towns and cities within the State; Provided also that the provisions of this act shall not apply to additions or parts of a City which are only served or connected by not more than two streets."

Same-License Taxes-Ordinances.

Section 3. Section 4533, of the 1921 Compiled Statutes of Oklahoma, is hereby amended to read as follows:

"Section 4533. Any such person, firm or corporation furnishing such jitney service or using automobiles or auto-busses for carrying passengers for hire shall be subject to the taxes or license fee for