Kepealing Section.

Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

Approved March 18, 1924.

CHAPTER 122

HOUSE BILL NO. 67.

Appropriation For Paving State Owned Street

AN ACT making an appropriation for paving the State's one-half of Phillips Street from Thirteenth Street to the alley between Twefth Street and Eleventh Street, and putting in a sidewalk on the State's property running parallel to said Phillips Street, and providing for purchase of Lots A and 1 in Block 15, 1 and 2 in Block 14 and 1 and 2 in Block 13, Howe's Capitol Addition to Oklahoma City, Oklahoma, ror benefit of University Hospital, situated in Oklahoma City, Oklahoma, appropriating $2,000.00 for payment thereof, and declaring an emergency.

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

Appropriation.

Section 1. There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of Seven Thousand Dollars ($7,000.00) or so much thereof as may be necessary for the purpose of paving the east half of Phillips Street including standard curbing for same on the west side of the fifteen (15) acres on which is now located the State University Hospital and also the putting in of a concrete standard walk five feet wide and four inches thick, said walk to be put in three feet from the east side curbing and running parallel to said curbing from Thirteenth Street south to the alley between Twelfth and Eleventh Streets, it being understood that the city engineer has estimated the cost of the State's half of paving said street together with the sidewalk to be Seven Thousand Dollars ($7,000.00) and that the owners of the property on the west side of said street have already agreed to pay for their half of said street, running from Thirteenth Street across Twelfth Street and down to the alley between Twelfth Street and Eleventh Street. Provided, that said money shall not be available for said purpose unless the owners of the property on the West side of said street do agree to pay for paving their half of said street.

City To Do Paving.

Section 2. It is understood and agreed that the City is to have the work done and is to have said street paved the usual width with four (4) inches of concrete base and covered with a half inch asphalt top, the side walk to be constructed as described in Section 1 of this Bill, and that when the work is completed and the street, the curbing and the sidewalk accepted by the City Authorities, that the State Treasurer is hereby authorized to pay warrants drawn by the Auditor of the State, on the State Treasury for said Seven Thousand Dollars ($7,000.00) or so much thereof as may be needed to pay in full for the State's half of said paving, curbing and sidewalk, on Phillips Street, running from Thirteenth Street, down to the alley between Twelfth Street and Eleventh Streets, and bordering the State's property on which is now located the State University Hospital.

State Board of Affairs.

Section 3. The State Board of Public Affairs of the State of Oklahoma is hereby authorized and directed to purchase Lots A and 1 in Block 15, Lots 1 and 2 in Block 14, and Lots 1 and 2 in Block 13, situated in Howe's Capitol Addition to Oklahoma City, State of Oklahoma, the same being adjacent to the property now owned by the State of Oklahoma and set apart and designated as the site and location of the Medical Deprtment of the State of Oklahoma; set apart when so purchased to be used and occupied as a part and portion of said site for the said Medical Department of said University.

Appropriation.

Section 4. For the purpose of purchasing said land, there is hereby appropriated out of the moneys in the State Treasury, not otherwise appropriated, the sum of $2,000.00, or so much thereof as may be necessary for the purchase of said property herein described.

Emergency.

Section 5. 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 27, 1924.

CHAPTER 123

HOUSE BILL NO. 71.

Prohibition Enforcement Laws

AN ACT amending Section 6999, Compiled Oklahoma Statutes, Annotated, 1921, relating to Prohibition Enforcement Laws, and declaring an emergency.

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

Intoxicating Liquors-Possession of.

Section 1. That Section 6999, Compiled Statutes of Oklahoma, Annotated, 1921, be and the same is hereby amended to read as follows:

Section 6999. The keeping in excess of one quart of any spirituous, vinous, fermented or malt liquors, or any imitation thereof, or substitute therefor; or any liquor or compounds of any kind or description whatsoever, whether medicated or not, which contain as much as one-half of one per cent of alcohol, measured by volume, and which is capable of being used as a beverage, except preparations compounded by any licensed pharmacist, the sale of which would not subject him to the payment of the special tax required by the laws of the United States, or in any manner permitting any other person to have or keep any such liquors in or about his place of business or his residence, or any place of amusement, or recreation, or any public resort, or any club room; provided, however, that the foregoing provision of this section shall not apply to bonded apothecaries, druggists, or pharmacists, as to alcohol purchased by them pursuant to the rules and regulations promulgated by the Government in accordance with the provisions of the laws of this State; or the keeping in excess of one quart of spirituous, or one quart of vinous, or more than one quart of malt liquors, or any imitation thereof, or substitute therefor; nor more than one quart of any liquor or compounds of any kind or description whatsoever, whether medicated or not, which contain as much as one-half of one per cent of alcohol, measured by volume, and which is capable of being used as a beverage, except preparations compounded by any licensed pharmacist, the sale of which would not subject him to the payment of the special tax required by the laws of the United States shall be prima facie evidence of an intention to convey, sell or otherwise dispose of such liquors; provided, further, that this section shall not be construed in any way to legalize the keeping of any liquors for unlawful purposes irrespective of the amount.

Emergency.

Section 2. 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 25, 1924.

CHAPTER 124

HOUSE BILL NO. 73.

Fish and Game.

AN ACT Amending Sections 6508, 6511, 6536, 6537, 6543, 6550, 6558, 6559, 6573, Compiled Statutes of Oklahoma, 1921, relating to fish and game; providing for a hunting and fishing license, and declaring an emergency.

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

Fish and Game-License to Hunt and Fish.

Section 1. That Section 6508, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows: Section 6508. License To Hunt and Fish Required.

It shall be unlawful to hunt within the State of Oklahoma or fish with artificial bait or lures, except as in this chapter provided. All reference to hunting license in the laws of this State, shall hereafter be construed to mean hunting and fishing license within the meaning of this section. Any person not desiring to fish with lures or artificial bait, shall not be required to obtain a license for fishing with hook and line in the ordinary manner without such lure or artificial bait. The hunting and fishing license shall be in the usual form and where the applicant desires to fish with the game fish bait or lures herein specified appropriate words shall be added to the license to indicate that it is a fishing license or hunting and fishing license combined; the fee for such hunting license, or hunting and fishing license, shall be as now provided by law for hunting. Provided, that for non-resident fishing license only, the fee shall be Five Dollars ($5.00). Provided, further, that for collecting such fee for non-resident fishing license and issuing same, a fee of fifty cents (50c) may be paid. The ordinary form of hunting and fishing license may be used and the words "fishing only" endorsed upon the face of the stub and license.

Same-Aliens and Non-Residents.

Section 2. That Section 6511, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows: Section 6511. Non-Resident and Alien- The Penalty.

All alien or non-resident of this State within the meaning of this statute who shall violate the laws of this State by hunting or fishing without the license herein provided for, or, who having procured such license shall violate the laws of this State by killing deer, turkey, or prairie chicken, or hunting, pursuing or attempting to kill such game; or by killing same out of season, or by exceeding the bag limit, or in any other manner, or shall violate the laws of this State regulating fishing, or killing or taking of fish, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail not exceeding six (6) months, or by both such fine and imprisonment.

Warden-Powers.

Section 3. Section 6536, Compiled Statutes of Oklahoma, 1921, is hereby amended to read as follows:

Section 6536. Warden May Capture And Ship Game.

The State Game and Fish Warden may capture at any time within this State, or may procure from any point outside of the State, game birds or fish intended for propagation or liberation to stock covers in this State and may have the same in possession at any time.

Same-Birds for Propagation.

Section 4. Section 6537, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows:

Section 6537. May Furnish Birds for Propagating.

The said Game Warden may furnish to any resident land owner or lessee of farm lands in this State, game birds for propagating purposes. Upon satisfactory showing by such citizen that he has made and will make suitable provision for nesting grounds and cover for the protection of such birds upon his premises, or in case contract and agreement is made between the State through its Game Warden and such citizen, for the stocking of such premises for propagating purposes.

Game Laws-Violations of.

Section 5. That Section 6543, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows: Section 6543. Violation of Game Laws-Punishment.

It shall be a misdemeanor to violate any section of any provision of the fish and game laws of this State, and where not otherwise provided in this chapter, any person so violating shall, upon conviction, be punished by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) or by imprisonment in the County Jail not less than ten (10) days, nor more than thirty (30) days, or by both such fine and imprisonment. Private Ponds.

Section 6. That Section 6550, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows:

Section 6550. Private Ponds.

A person owning a natural pond, of not more than twenty acres, or an artificial pond entirely upon his premises, may take or permit others to take fish from such natural or artificial pond for the purpose of propagating or consumption as food, provided the sources of water supply of such natural or artificial pond are entirely upon his own premises and the fish do not have access of such pond from water not under such owner's control, or from water stocked at the expense of the Fish and Game Department of the State.

Game Preserves-Unlawful to Hunt or Fish On.

Section 7. That Section 6558, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows: Section 6558. Unlawful To Hunt Or Fish On Game Preserves.

It shall be unlawful for any person, other than a member of the Fish and Game Commission, or its employees, in the execution of the lawful orders of said Commission, or of the State Game and Fish Warden, to molest or disturb the water, ponds, or property of any fish hatchery of the State, or to place, or cause to be placed, in such water or pond any substance or anything injurious to the health or safety of fish confined therein, or to hunt, pursue, chase, injure, capture or kill in any manner, any fish confined in such hatcheries, water or ponds, or to hunt, pursue, injure or kill any animal or bird protected by the laws of this State upon lands owned or rented by the State Game and Fish Department and are operated by the State for the purpose of propagating and the distribution of fish, game animals or game birds. Any person violating the provisions of this section shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period of not more than sixty (60) days, or by both such fine and imprisonment.

Fishing-Regulation of.

Section 8. That Section 6559, Compiled Statutes of Oklahoma, 1921, be and the same is hereby amended to read as follows: Section 6559. Regulating Fishing.

It shall be unlawful for any person to take or catch from any of the rivers, creeks, lakes or ponds of this State, other than privately owned ponds, any game fish, such as black bass, small mouth bass, large mouth bass, strawberry or calico bass, rock bass, otherwise known as goggle eye bass, crappie, white perch, yellow perch, rainbow or brook trout, with any sort of net trammel, net seine,