SEC. 2. Whereas, an emergency exists therefor, this Act shall take effect and be enforced from and after its approval. Approved February 20, 1911. CHAPTER 19 AN ACT FOR THE RELIEF OF TONY A. TUBBS FOR PERSONAL SERVICES RENDERED AND MONEYS ADVANCED THE STATE OF IDAHO IN FURNISHING GOODS, WARES, MERCHANDISE AND BUILDING MATERIAL FOR USE IN FEEDING THE PRISONERS DURING THE COEUR D'ALENE DISTURBANCE IN 1899. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That the sum of Three Thousand Eight Hundred and Eighty-one Dollars and Twenty-five Cents ($3,881.25) be, and the same is, hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, for the payment to and reimbursement of Tony A. Tubbs for services rendered the State of Idaho and for moneys advanced the State of Idaho in furnishing goods, wares, merchandise and building materials for use in feeding prisoners of the State of Idaho while said State of Idaho was engaged in suppressing the Coeur d'Alene disturbance of 1899. SEC. 2. That the State Auditor be, and the same is, hereby directed and required to draw his warrants on the State Treasury for the sum of Three Thousand Eight Hundred and Eighty-one Dollars and Twenty-five Cents ($3,881.25) in favor of said Tony A. Tubbs; Provided, however, That, before receiving the said warrant for the said sum of Three Thousand Eight Hundred and Eighty-one Dollars and Twenty-five Cents ($3,881.25), the said Tony A. Tubbs shall file his receipt in full payment of such claim and every part thereof as contained in the statements and petitions heretofore filed with the Committee on Appropriations of the House of Representatives, and in full payment of all claim whatsoever of said Tony A. Tubbs against the State of Idaho, or of any person whose interest is represented by him, and that said petitions and items so claimed by the said Tony A. Tubbs, upon the passage and approval of this Act, be transmitted to the State Auditor and shall be filed with him as evidence of the items and claims covered by this appropriation. And the State Treasurer is hereby authorized and directed to pay said warrant out of any moneys in the State Treasury not otherwise appropriated. SEC. 3. An emergency existing therefor, this Act shall take effect from and after its passage. Approved February 21, 1911. CHAPTER 20 AN ACT CREATING THE COUNTIES OF BONNEVILLE AND FREMONT THE NINTH JUDICIAL DISTRICT OF THE STATE OF IDAHO; PROVIDING FOR THE APPOINTMENT OF A DISTRICT JUDGE THEREOF UNTIL THE NEXT REGULAR GENERAL ELECTION FOR DISTRICT JUDGES, RELATING TO THE CAUSES, MATTERS OF PROCEEDINGS PENDING IN SAID COUNTIES AND EMPOWERING THE JUDGE OF THE SIXTH JUDICIAL DISTRICT TO RE-FIX THE TERMS OF COURT OF SAID DISTRICT FOR THE YEAR 1911; AMENDING SECTION 26 OF THE REVISED CODES OF IDAHO AS AMENDED BY AN ACT OF THE TENTH SESSION OF THE LEGISLATURE OF THE STATE OF IDAHO, AND AS AMENDED BY AN ACT OF THE ELEVENTH SESSION OF THE LEGISLATURE OF THE STATE OF IDAHO, AND DECLARING AN EMERGENCY. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That the Counties of Bonneville and Fremont shall constitute and comprise the Ninth Judicial District of the State of Idaho. SEC. 2. The Governor shall, within twenty (20) days after this Act becomes effective, appoint a judge of said district who shall duly qualify as provided by law, and who shall hold his office until the next regular general election for district judges, and until his successor is elected and qualified. SEC. 3. The said judge so appointed shall, within twenty (20) days after having qualified, appoint and fix the term of court of said Ninth Judicial District for the year 1911 and thereafter as provided by law. SEC. 4. All causes, matters and proceedings pending in the district court of said Bonneville and Fremont Counties, and all causes, matters and proceedings now pending in the district court of Bingham County, which may have been or may be hereafter transferred to the district court of Bonneville County, shall be continued, tried and determine in said Ninth Judicial District and by the judge thereof, the same as if commenced therein. SEC. 5. The judge of the district court of the Sixth Judicial District of the State of Idaho is hereby empowered to re-fix the term of the district court in said Sixth District for the year 1911, and thereafter as provided by law. SEC. 6. That Section 26 of the Revised Codes of Idaho, as amended by an Act of the Tenth Session of the Legislature of the State of Idaho, and as amended by an Act of the Eleventh Session of the Legislature of the State of Idaho, be and the same hereby is, amended to read as follows: Section 26. The State is divided into nine judicial districts, which are hereby defined as follows: The First District comprises the County of Shoshone. The Second District comprises the Counties of Latah, Nez Perce and Idaho. The Third District comprises the Counties of Ada, Boise and Owyhee. The Fourth District comprises the Counties of Blaine, Lincoln, Cassia, Elmore and Twin Falls. The Fifth District comprises the Counties of Bear Lake, Oneida and Bannock. The Sixth District comprises the Counties of Bingham, Lemhi and Custer. The Seventh District comprises the Counties of Canyon and Washington. The Eighth District comprises the Counties of Kootenai and Bonner. The Ninth District comprises the Counties of Bonneville and Fremont. SEC. 7. An emergency existing therefor, which is hereby declared, this Act shall take effect and be in force from and after its passage and approval. Approved February 25, 1911. CHAPTER 21 PRESCRIBING A PENALTY FOR ESCAPES FROM THE STATE SECTION 1. Every person confined in the State Penitentiary for a term less than for life who escapes therefrom is punishable by imprisonment in a State Penitentiary for a term of not less than one (1) year, said second term of imprisonment to commence at the time he would otherwise have been discharged from said penitentiary. SEC. 2. An emergency existing therefor, this Act shall take effect and be in force from and after its passage and approval. Approved February 27, 1911. CHAPTER 22 APPROPRIATING THREE THOUSAND FIFTY-NINE DOLLARS AND TEN CENTS ($3059.10), THE SAME BEING THIRTYFIVE CENTS (35c) PER ACRE FOR EIGHT THOUSAND SEVEN HUNDRED FORTY AND TWENTY-EIGHT HUNDREDTHS (8740.28) ACRES OF STATE LANDS WITHIN THE BLACK CANYON IRRIGATION DISTRICT, CANYON COUNTY, IDAHO, OUT OF THE CAREY ACT TRUST FUND; AND AUTHORIZING THE STATE BOARD OF LAND COMMISSIONERS TO EXPEND THE SAME TOWARD PAYING THE EXPENSES OF MAKING THE SURVEYS, MAPS, ETC., AS REQUIRED BY SECTION 2396, REVISED CODES OF IDAHO, PRELIMINARY TO THE CALLING OF A BOND ELECTION; TO AUTHORIZE THE ISSUING OF BONDS ON LANDS WITHIN THE BOUNDARIES OF THE BLACK CANYON IRRIGATION DISTRICT, AND PROVIDING FOR THE REPAYMENT OF SAME. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. There is hereby appropriated out the Carey Act Trust Fund the sum of Three Thousand Fifty-nine Dollars and Ten Cents ($3059.10) the same being thirty-five (35c) cents per acre for eight thousand seven hundred and forty and twenty-eight hundredths (8740.28) acres of land within the Black Canyon Irrigation District, which the State Board of Land Commissioners is hereby authorized to expend from said fund to pay the pro rata proportion of expenses apportioned to State Lands within said district for surveys, maps, and other items required by Section 2396, Revised Codes of Idaho, preliminary to the calling of a bond election in the Black Canyon Irrigation District, in Canyon County, Idaho, the proceeds of the sale of which bonds shall be used in the construction of new works for the purpose of reclaiming certain arid State and other lands situated in Canyon County, Idaho, and included within the boundaries of said District, and lying in Townships 5, North of Range 3; in Townships 5, North of Range 4; in Townships 6, North of Range 3; in Townships 6 North of Range 4; in Townships 6, North of Range 5; in Townships 7, North of Range 4, in Townships 7, North of Range 5, West of Boise Meridian. SEC. 2. The State Auditor is hereby authorized to draw his warrant on said fund, payable to the Treasurer of the Black Canyon Irrigation District on the presentation of a claim for said sum by said Treasurer, accompanied by proper vouchers and receipts, and duly approved by the State Board of Land Commissioners, and allowed by the State Board of Examiners, and the State Treasurer is hereby authorized to pay said warrant out of any moneys in said Carey Act Trust Fund. SEC. 3. The amounts so paid in by this appropriation to the Black Canyon Irrigation District shall be charged by the State Board of Land Commissioners against the State lands within said District, and shall be repaid to the Carey Act Trust Fund as follows: Before any of the State land in the Black Canyon Irrigation District shall be offered for sale, the State Board of Land Commissioners shall cause such land to be appraised as provided by Section 2439, Revised Codes of the State of Idaho, and, Before the proceeds of such sale are deposited in the funds where they properly belong, the amount of moneys hereby appropriated per acre, or so much thereof as is paid out by the State Board of Land Commissioners, shall be deducted from said proceeds and returned to the Carey Act Trust Fund for the amount hereinbefore appropriated; Provided, That no deduction shall be made from said proceeds which shall reduce the same below the appraised value of said lands or below the price of Ten Dollars ($10) per acre. SEC. 4. An emergency existing therefor, this Act shall take effect from and after its passage and approval. Approved February 27, 1911. CHAPTER 23 AMENDING SECTION 7902 OF THE PENAL CODE OF IDAHO; RELATING TO THE THINGS THAT MAY BE TAKEN INTO A JURY ROOM BY A JURY, UPON RETIRING FOR DELIBERATION; AND DECLARING AN EMERGENCY. Be It Enacted By the Legislature of the State of Idaho: SECTION 1. That Section 7902 of the Penal Code of Idaho be, and the same is, hereby amended to read as follows: |