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CHAPTER 2

(S. B. No. 10.)

AN ACT

TO AMEND SECTION 2730 OF THE REVISED CODES OF IDA-
HO, RELATING TO MEETINGS OF STOCKHOLDERS AND
ELECTION OF DIRECTORS OF CORPORATIONS, AND TO
DECLARE AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Section 2730 of the Revised Codes of
Idaho be amended to read as follows:

Section 2730. All elections of directors must be by ballot, and the vote of the stockholders representing a majority of the subscribed capital stock, or a majority of the members, if there be no capital stock, is necessary to a choice. If there be capital stock in the corporation, each stockholder shall have the right to vote in person or by proxy for the number of shares of stock owned by him for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors shall not be elected in any other manner. Provided, however, that at regular meetings of the stockholders or members of a corporation or water users association owning or controlling an irrigation system, of which corporation or water users association the number of stockholders or members exceeds one hundred, those present either in person or by proxy shall constitute a quorum and may elect officers and transact all other business proper to be done by them; and provided further, that at no meeting of the stockholders or water users association or members of such corporation, held after the first day of March in the year 1913, shall any officer, director or employee of such corporation or association have the right to cast, by proxy or otherwise, any votes except those representing stock actually owned by him.

SEC. 2. Whereas an emergency exists, therefore this Act shall take effect and be in force from and after its passage ond approval.

Approved January 14, 1913.

01

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CHAPTER 3

(H. B. No. 4.)

TO CREATE AND ORGANIZE THE COUNTY OF MINIDOKA

IN THE STATE OF IDAHO, TO DEFINE THE BOUNDARIES

THEREOF; TO CLASSIFY THE SAID COUNTY; LOCATE

THE TEMPORARY COUNTY SEAT THEREOF; TO PRO-

VIDE FOR THE APPOINTMENT OF COUNTY OFFICERS

IN AND FOR THE SAID MINIDOKA COUNTY; TO PROVIDE

FOR THE APPORTIONMENT OF THE INDEBTEDNESS

OF SAID LINCOLN COUNTY BETWEEN THE COUNTIES

OF LINCOLN AND MINIDOKA, AND FOR THE PAYMENT

OF THE SAME; TO PROVIDE FOR THE DIVISION OF THE

PROPERTY OF LINCOLN COUNTY BETWEEN LINCOLN

AND MINIDOKA COUNTIES; TO PROVIDE FOR THE

TRANSCRIBING OF THAT PORTION OF THE RECORDS

OF LINCOLN COUNTY PERTAINING TO PERSONS AND

PROPERTY WITHIN SAID MINIDOKA COUNTY; TO CON-

STITUTE THE COUNTY OF MINIDOKA A PART OF THE

SEVENTEENTH SENATORIAL DISTRICT OF THE STATE

OF IDAHO; TO CONSTIUTE THE COUNTY OF MINIDOKA

A PART OF THE FOURTH JUDICIAL DISTRICT OF THE

STATE OF IDAHO; FOR OTHER PURPOSES PROPER AND

INCIDENT TO THE ORGANIZATION AND CREATION OF

SAID MINIDOKA COUNTY, AND DECLARING AN EMER-

GENCY THEREFOR:

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That there is hereby created and formed out

of a portion of the existing County of Lincoln, in the State

of Idaho, a new County, to be named and called Minidoka

County; which said County shall be organized and gov-

erned as provided by this act and the general laws of the

State of Idaho relating to the organization and government

of counties.

SEC. 2. All that portion of the State of Idaho included

within the following boundaries, to-wit: Beginning at the

point where the center line of the Snake River, being the

southern boundary line of Lincoln County, Idaho, as now

constituted, is intersected by the west section line of Sec-

tion three (3) of Township ten (10) south, of Range Eigh-

teen (18) east Boise Meridian; thence northerly along the

said section line to the northwest corner of Section Three

(3) of Township Nine (9) south, of Range eighteen (18)

east; thence easterly along the township line to the north-

west corner of Township Nine (9) South, Range Twenty-

་་

two (22) east; thence north along the township line to the northwest corner of Township eight (8) south, Range Twenty-two (22) east; thence easterly along the township line to the southwest corner of Section Thirty-four (34), Township Seven (7) south, Range Twenty-three east; thence north along the section line to the north line of Township Seven south, Range Twenty-three (23) east; thence easterly along the township line to the southwest corner of Section Thirty-four (34), Township Six (6) south, Range Twenty-three (23) east; thence northerly along a line which is three miles west of and generally parallel to the east line of Range Twenty-three (23) east, north of the First Standard Parallel south, to the north line of Township Three (3) south, Range Twenty-three (23) east, being the north line of Lincoln County as now constituted; thence easterly along said County line to the east boundary line of said Lincoln County, thence southerly following the east boundary line of said Lincoln County to its intersection with the said center line of Snake River; Thence southwesterly along said center line of Snake River to the point of beginning, be and the same is hereby organized and declared to be the County of Minidoka, State of Idaho, and for the purpose of fixing the annual salaries of the County Commissioners, the said County is hereby designated as a County of the third class.

SEC. 3. Within ten (10) days after this act shall take effect, the Governor of the State of Idaho is hereby authorized and directed to appoint for the County of Minidoka three (3) Commissioners, a Sheriff, a Clerk of the District Court, who shall be ex-officio Auditor and Recorder and Clerk of the Board of County Commissioners, a County Treasurer, who shall be ex-officio Public Administrator, a County Assessor, who shall be ex-officio Tax Collector, a Coroner, a Surveyor, a Probate Judge, a County Superintendent of Public Instruction and a Prosecuting Attorney. The County Commissioners so appointed shall, within ten (10) days after their said appointment, qualify by taking the oath of office before one of the Judges of the Fourth Judicial District of Idaho; and the other officers shall immediately thereafter qualify in the manner provided by law, and thereupon enter upon the discharge of their official duties, and the said officers shall hold their respective offices until their successors are elected and qualified, the same as if they had been elected at the regular election of 1912.

SEC. 4. The temporary county seat of the said Minidoka County shall be, after the establishment of said County, located at the village of Rupert, within said County; and at

the general election to be held in 1914, a vote as provided by law shall be had as to the permanent location of the said county seat of Minidoka County, Idaho.

SEC. 5. The County Commissioners of said Minidoka County shall, within ten (10) days after their qualification as aforesaid, meet in the Village of Rupert, within said County, and provide a suitable place within the corporate limits of said Village of Rupert, with suitable accommodations for the safe keeping of the papers, files, records and other personal property belonging to the said County, or connected with any of the offices therein, or for the proper use of the County officers of said County, and for the holding of district court and for the care and custody of pris

oners.

SEC. 6. That the bonded indebtedness of the County of Lincoln, State of Idaho, existing and owing at the time this act takes effect, shall be paid by the Counties of Lincoln and Minidoka in the manner and proportion as follows, viz: That the County of Minidoka shall pay such proportion of said debt as its total assessed value as now appears as shown by the assessment roll of 1912 bears to the total assessed value of Lincoln County as it now exists; less its proportionate share of the value of the County buildings and real estate now owned by Lincoln County, which County buildings and real estate are hereby enumerated as the County court house and the county poor farm, together with the furnishings and findings thereof and the lands and lots now used as a poor farm and court house lot; which said buildings and real estate aforesaid, are, for the purpose of dividing and apportioning the debt aforesaid, hereby valued at the price and value of Twenty Thousand Dollars; and upon the division of the said Lincoln County and the apportionment of the debt aforesaid, upon the basis aforesaid, the said Lincoln County shall own and retain the said court house, furniture, fixtures and appurtenances and the real estate upon which the same is situated, together with the said poor house and farm and the furniture, fixtures and appurtenances thereof.

That the floating indebtedness of Lincoln County existing and owing at the time of the creation of Minidoka County, evidenced by warrants and orders outstanding and unpaid, shall be paid as follows: All money in the possession or under the control of the Treasurer or other officers of Lincoln County, including all credits and unpaid taxes levied. prior to the creation of Minidoka County, except school district, road district, village, city or other municipal funds,

shall be paid and applied upon such outstanding floating indebtedness; and if the funds aforesaid be sufficient to pay the said indebtedness, the funds then remaining in the hands of such treasurer or other officers of Lincoln County, if any there be, shall be divided between the Counties of Lincoln and Minidoka upon the basis and in ratio to their respective valuations as shown by the assessment rolls of 1912. If such moneys, credits and taxes shall be insufficient to pay such floating indebtedness as aforesaid, such deficiency shall be met, provided for and paid by the said Counties upon the basis aforesaid, fixed for the division of money, credits and taxes, in proportion to the respective valuation for the year 1912, in the following manner, viz: The County Commissioners of Minidoka County shall, at their first regular meeting, cause County warrants in favor of Lincoln County to be drawn for the amount due Lincoln County on account of the floating indebtedness as aforesaid, and shall deliver the same to the County Treasurer of Lincoln County, and Lincoln County shall then pay the entire amount of such outstanding or floating indebtedness, and Minidoka County shall thereupon be released therefrom.

SEC. 7. That for the purpose of ascertaining the value of the moneys, credits and taxes aforesaid, and of the real and personal property not hereinbefore valued, and of the amount or amounts of the bonded and floating indebtedness, as evidenced by bonds, warrants and orders outstanding and unpaid as aforesaid; and for the purpose of fixing the exact amount of indebtedness, both bonded and floating, to be paid by Minidoka and Lincoln Counties respectively, the Board of County Commissioners of each of the said Counties shall, at their first meeting next following the establishment of Minidoka County as herein provided for, appoint one competent person, resident of their respective Counties, to act as appraisers; and the persons so appointed shall within ten (10) days from and after their appointment, meet at Shoshone, in said Lincoln County, and after having taken the usual oath of appraisers to well, truly and impartially appraise, estimate and determine the actual present cash worth and value of all property, both real and personal, belonging to Lincoln County, except the property of which the value is herein fixed; and to ascertain the amount of indebtedness, both bonded and floating, of Lincoln County, together with the amount and proportion of the same to be borne by each County respectively; and they shall then proceed to well, truly and impartially appraise, estimate and determine the actual present cash value of all the real and

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