The Elbert County tribune. [volume], October 18, 1912, Image 6

About The Elbert County tribune. [volume] (Elbert, Elbert County, Colo.) 18??-1920

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Section 4. That Section 6 of Mid Act
Is hereby amended to read as follow*:
"Section 6. The salaries and expenses
of the State Highway Commission and
Its employes, together with the expenses
of the Commission for office and engin
eering supplies and equipment and other
similar necessary charges, shall be paya
ble from the State Road Fund, unless
othsrwlae provided in the general appro
priation bill. Furthermore, the Commis
sion may from tlms to time set over
from tho said State Road Fund such
sums of money as It may deem wise, but
not to exceed twenty-five per centum
(16%) of the State Road Fund provided
for and available In any year, for the
repair or maintenance or roads and pur
chase of road making machinery under
the Immediate direction of the Highway ,
Commission; fifteen per centum (16%) of
the above twenty-five per centum set
over from the State Road Fund for re
pairs or maintenance of road and pur
chase of road making machinery, shall (
be used for repairs and maintenance or
roads (exclusively). The funds as di
verted by resolution of the Commission j
for the purpose of purchasing machinery <
and equipment ahall be known as the i
•Highway Equipment Fund.' and car- <
riea upon the books of the Auditor of
State as such.
"The equipment so purchased shall be
held in the name and for the use of the 1
State Highway Commission and may alsc <
be from time to time leased or loaned
to the various Boards of County Com- •
missionera for use upon the State Roads. |
The Counties shall bear the expense or ’
all repairs and operation of the said ma
chinery. shall keep In charge thereof only
such persons as tne Commission may so- <
lect or approve of, shall pay such pro- <
portion at# cost of transportation from
place to place as the Commission may i
designate, end In addition thereto shall
pay te the Highway Equipment Fund a
rental of ten per centum (10%) per an- i
mim of the value of the equipment so i
used while in use. All remittances for
the rental of equipment shall be credited <
to the said fund and applied to further
purchases of equipment. ~
"All accounts and expenditures shall
be audited by the Commission and certi- i
fled by the chairman and secretary of i
said dommlsslon. and paid by the State
Treasurer upon orders drawn by the
Stats 1
Section 6. That Section 8 of sold Act
Is hereby amended to read as follows:
"Section 8. On or before the first
Tuesday In March of each year. the ;
Highway Commission shall apportion the •
State Rond Fund among the different
counties of the State, as herein pro
vided, snd shall Immediately send a no
tice to the Board of County Commission
ers of each county stating the amount
that such county shall be entitled to re
ceive for said year out of said fund.
*‘ln making an estimate of the amount
of the State Road Fund, accruing to
the several counties in the State,
and determining the amount to be
expended In any one county, the said
Highway Commission shall take In- '
to consideration the extent of the *
area of such county, the amount of
money expended by it in road construe- ‘
tlon, the difficulty and expense of such
road construction and the extraordinary
expenses connected with the development
Of new territory: provided, however, that
no money shall be expended by said
Commission out of said funds upon road" .
within the corporate limits of any city j
or town. ,
"Ninety per centum (90%) of the mon
eys at the disposal of the Highway Com
mission for distribution among the (
oountles shall be ÜBed in such counties ,
that have provided for raising by taxa
tion In said county an amount equal to .
twice the amount set aside by the said
Highway Commission for the construc
tion Improvement and maintenance of
State roads In said county, except In
such cases where the character of the
country or the condition of said county
shall In the opinion of the Btate High
way Commission require further State
aid. In all such cases the Commission
may extend, at its discretion, an amount
not to exceed five times the amount ap
propriated by said county for said State
Highway. No money set aside by said ,
State Highway Commission, as heroin
above provided, shall become duo and
available until the county in which the
same Is to be expended ahall, by proper
resolution of the Board of County Com
missioners, set aside from County funds .
the required amount to bo used for State
highway* In said county. The remain
ing ten per centum (10%) shall bo al
lotted by said Commission to such coun
ties as may. In their Judgment bo en
titled to such State aid without a pro
portlonate appropriation by said county
for State highways.
"And In the event that the County
Commissioners of any county shall not. ,
within ninety (90) days after tho mall- ,
lng of tho said notice above provided for.
notify said Highway Commission of the
amount said county will expend for said
year upon State roads, the amount set
aside for said county, for such year may ,
be distributed by the said Highway Com- !
mission among the other counties In the ;
State which have so compiled with the ]
"in the event that any road designated \
by the Highway Commission for Improve
ment as a State road. Is located on the
boundary between two counties. It shall \
be the duty of the county commission- ;
ers of each county to provide for the !
payment by the respective counties for ■
the construction, Improvement and main
tenance of such boundary rond and In
case either of said counties shall fall to
make tho necessary provisions for tho
payment of Its proportion of the con
struction, Improvement and maintenance ■
of such road, the Highway Commission
may pay for the work expended upon
said road, and deduct from the amount
apportioned for the State Roads In tho
county falling to make such provision
such countles T proportion of the amount
paid by the State In the construction of
■aid road." .
Section 8. Whereas, In the opinion of
the people of the State of Colorado, an
emergency exists, now, therefore, this
act snail take effect and be In force from
and after Its passage. ,
Section 7. Each elector voting at such
election and desirous of voting for or
against this mensure shall deposit In the
ballot box a ballot whereon shall be
printed or written the words:
"For the establishment of an amend
ment to the lnw establishing a State
Highway Commission, and the placing of
the Internal Improvement Permanent
Fund and the Internal Improvement In
come Fund under the control of the said
Highway Commission"
and
"Against the establishment of an
amendment to the law establishing a
Btate Highway Commission, and the
placing of the Internal Improvement
Permanent Fund and the Internal Im
provement Income Fund under the
control of the said Highway Commls
and shall Indicate his approval or rejec
tion of said measure by placing a cross
(X) mark after one of said sentences.
The votes cast following the adoption or
rejection of snld proposed law shad be
cknvnssed and the result determined by
the laws of the State of Colorado for the
canvassing of votes for Representative!*
,n iN WHEREOF, I have
hereunto set my hand and affixed the
Croat Seal of the State of Colorado, at
the City of Denver, this First day of
October, A. D. 1912.
» JAMES B. PEARCE.
(SEAT*) Secretary of State.
HOUSE BILL NO. 46, LAWS 1911.
REFERRED TO THE PEOPLE OF
THE STATE OF COLORADO BY PE
TITION OF REFERENDUM.
Notice is hereby given. That at the
General Election to be held n \ h ®
Fifth day of November, A. D. 1912.
there will be submitted to the qual
ified electors of the State of Colorado,
for their approval or rejection, HOUSE
BILE NO. 46, which House Hill was re
ferred to the People of the State of
Colorado by Petition of Referendum,
containing more than the ♦W'li'SLl
number of signatures (5%) of the legal
voters of the State of Colorado, duly
verified In accordance with law and
filed in the office of Secretary of State
on the Second day of June, A. D. 1911.
at 4:00 o'clock. P. M.
The authority for submitting such
Aot is found In Section 1 of Article 6
of the Constitution of the State of
Colorado, providing for the Initiative
HOUSE f *Blll/ NO 46. LAWS OF 1011.
"A BILL FOR AN ACT TO REOU-
I ATE AND LIMIT THE HOURS OF
EMPLOYMENT- IN ALL UNDER-
S ROUND MINES. UNDERGROUND
WOT? KINGS, OPEN CUT WORK*
INQS OPEN PIT WORKINGS.
HMKLTERB REDUCTION WORKS.
Stamp mills. concentrating
MILLS. CHLORINATION PRO-'
CESSES, CYANIDE PROCESSES
AND COKE OVENS; TO DECLARE
CERTAIN EMPLOYMENTS INJURI
OUS TO HEALTH AND DANGER
OUS TO LIFE AND LIMB; TO PRO
VIDE A PENALTY FOR THE VIO
LATION OF THE PROVISIONS OF
THIS ACT; TO REPEAL CHAPTER
119 OF THE SESSION LAWS OF
1906, APPROVED MARCH 21, 1906.
AND ALL OTHER ACTS AND
* PARTS OF ACTS IN CONFLICT
WITH THIS ACT."
“Bo It Enacted by the General Aaaembly of
i/io State of Colorado :
Section 1. Employment in all under
ground mines, underground workings,
open cut workings, open pit workings,
smelters, reduction works, stamp mills,
concentrating mills, chlorination pro
cesses, cyanide processes and coke
ovens, is hereby declared to be Inju
rious to health and dangerous to life
and limb.
Sec. 2. That the period of employ
ment of men working in all under
ground mines, underground workings,
open cut workings, open pit workings,
smelters, reduction works, stamp mins,
concentrating mills, chlorination pro
cesses. cyanide processes and coke
ovens shall not exceed eight (8) hours
within any twenty-four (24) hours ex
cept in cases of emergency where life
or property is in imminent danger.
Sec. 3. Any person, persons, body
corporate, general manager or em
ployer who shall violate or cause to
be violated any of the provisions of
this act, shall be deemed guilty of a
misdemeanor and upon conviction
thereof shall be punished by a rine of
not less than two hundred and fifty
dollars (8260) nor more than five
hundred dollars (8500), or by Impris
onment in the County jail not less
than ninety (90) days r.or more than
six (6) months or by both such fine
and imprisonment. Every day's viola
tion of the provisions of this act shall
constitute a separate offense.
Soc. 4. Chapter 119 of the Session
Laws of 1006, approved March 21. 1906,
and all other acts and parts of acts
in conflict with this act are hereby
repealed.”
Approved June 2, 1911.
Petition filed in the office of Sec
retary of State on the Third day of
August, A. D. 1911, at 3:00 o’clock,
P. &L
In Testimony Whereof. 1 have here
unto set my hand and affixed the Great
Seal of the State of Colorado, at the
the City of Denver, this First day of
October, A. D. 1912.
JAMES B. PEARCE,
XSEAL] Secretary of State.
SENATE BILL. NO. 219, LAWS 1911.
REFERRED TO THE PEOPLE OF
THE STATE OF COLORADO BY PE
TITION OF REFERENDUM.
Notice 1b hereby given. That at the
General Election to be held on the
Fifth day of November, A. D. 1912,
there will be submitted to the qualified
electors of the State of Colorado, for
their approval or rejection, SENATE
BILL NO. 219, which Senate Bill was
referred to the People of the State of
Colorado by Petition of Referendum,
containing more than the requisite
number or signatures (5%) of the legal
voters of the State of Colorado, duly
verified in accordance with law and
filed in the office of Secretary of State
on tho Fifth day of June, A. D. 1911,
at 11:67 o'clock, P. M.
The Authority for submitting such
Aot is found In Section 1 of Article 5
of the Constitution of the State of Colo
rado, providing for the Initiative and
Referendum.
SENATE BILL NO 219. LAWS 1911.
(S. B. NO. 219, BY SENATOR
CAREY). AN ACT TO PROVIDE
FOR THE BRANDING AND MARK
ING OF LIVE STOCK AND FOR
THE RECORDING OF BRANDS AND
MARKS; TO PREVENT THE DE
FACING OF BRANDS AND MARKS
AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF AND
TO REPEAL ALL ACTS AND PARTS
OF ACTS IN CONFLICT HERE
WITH.
Be It Enacted by the General Aaaembly of
the Btale of Colorado :
Section 1. It shall be lawful to
mark cattle and horses with the own
er's brand. When animals are brought
into this Slate from another state or
territory, in transit beyond the boun
daries of this Slate, the brand, or a
copy thereof, duly certified to by the
proper officer in* each state or terri
tory, shull bo received in evidence,
with like force and effect as a brand
duly recorded in this State.
Section 2. No brand shall be used
by inoro than one person, association
or corporation, nor shall any brand
be recorded In this slate elsewhere
than in the office of the State Board
of Stock Inspection Commissioners.
Section 3. On and after the passage
of this Act, any person, association or
corporation desiring to adopt any
brand, not then and there being the
recorded brand of unother person, as
sociation or corporation, shall forward
to the State Board of Stock Inspection
Commissioners a fac-slmlle of such per
sonal brand, together with a state
ment of the desire to adopt such brand,
and shall accompany the same with a
fee of one dollar ($1.00). Upon receipt
of such fac-slmlle and fee. the State
Board of Stock Inspection Commission
ers shall record the same, unless, as In
this section provided, such brand
stands of record as that of some other
person, association or corporation. In
which case tho State Board of Stock
Inspection Commissioners shall not re
cord the same, but shall turn such fac
simile and fee to the party sending the
same. Provided, that no brand shall
be recorded which 1b deemed by said
Board to conflict with any brand al
ready recorded for use on the same
range or In the same locality.
Section 4. Upon the recording of
any brand as provided In this Act the
owner thereof may procure from the
State Board of Stock Inspection Com
inlsslon• rs a certified copy of the rec
ord of such brand by paying therefor
the sum of fifty (60c) cents.
Section 6. From and after *he pass
age and approval of this Act It shall
bo unlawful for any clerk of any
county In this State to record any
brand.
Section 6. It shall be the duty of
the State Board of Stock Inspection
Commissioners from time to time as it
mny be neefessary, to cause to be pub
lished In book form a list of all brands
on record at the time of such publica
tion or said/ Board may, at Its discre
tion, cause to be Issued a supplement to
the brand book heretofore Issued con
taining the additional brand or changes
In ownership of brands between the
time of the last publication and the
time of Issuing of such supplement.
Such brand books shall contain a fac
simile of all brands recorded, together
with the owner's name and postoffice
address. Said records Bhall be ar
ranged In convenient form for refer
ence. It shall be the duty of the State
Board of Stock Inspection Commission
ers to send free of charge to each in
spector of said Board and to the county
clerk of each county one copy of said
Board Book or supplement, in whose
office It shall be kept open for In
spection of all persons Interested. Said
books and supplements may be sold to
the general public at not to exceed
82.00 per copy. . _ .
Section 7. Any brand recorded In
compliance with the requirements of
this act shall bo the property of the
parson, association or corporation caus
ing such record to be made, and shall
be subject to sale, assignment, trans
fer, devise and descent, as personal
property. Instruments of writing evi
dencing the sale of such brand, assign
ment or transfer shall be recorded by
the State Board of Stock Inspection
Commissioners and the fee for record
ing such sale, assignment or transfer
shall be 81.60. The recording of such
Instruments of writing shall have the
same force and effect as to third par
ties as ‘he recording of Instruments af
fecting real estate and a certified copy
of the record of any such Instrument
may be Introduced In evidence the
same as is now provided for the cer
tified copies of instruments affecting
real estate.
Section 8. In all suits at law or In
equity, or in any criminal proceeding,
when the title to animals Is Involved,
or proper to be proved, the certified
copy provided for In the foregoing sec
tion shall bo prima facie evidence of
the ownership of such animal by the
person whose brand It may be. Proof
of tho right of any person, association
or corporation to use such brand shall
be r.inde bv a copry of the record of
same, certified to by the State Board
of Stock Inspection Commissioners
through Its Secretary.
Section 9. If any person, associa
tion or corporation ahall wilfully and
knowingly brand, or cause to be brand
ed with his, their or its brand, or any
brand not the recorded brand of the
owner, an animal or animats being the
property of another, or who shall wil
fully and knowingly efface, deface or
obliterate any brand or mark upon any
animal or animals, any such person so
offending shall be deemed guilty of
larceny, and on conviction thereof shall
be confined in the penitentiary for not
less than one (1) year nor more than
five (6) years, as the court may direct.
Section 10. Any owner of sheep or
hogs may use an ear mark, tag or
brand, to designate ownership of and
title to same, which shall be subject
to the provisions of this act in respect
to brands.
Section 11. Owners of animals other
than sheep or hogs in this State may
use ear marks, and the same shall he
taken in evidence in connection with
the owner's recorded brand In all suits
at law or In equity, or in any criminal
proceeding, when the title to such prop
erty Is involved, or proper to be
proved.
Section 12. Upon the first of each
'and every month, or as soon thereafter
as possible, the State Board of Slock
Inspection Commissioners shall cause
to be Inserted In the official slate live
stock paper n list showing all the
brands and transfers recorded for the
calendar month previous. Said list shall
show a fac-slmlle of the brand, name
of owner, giving postoffice address,
county and slate. Said list shall be
inserted but once, and copies of the pa
per containing said list properly
marked, so as to call attention thereto,
shall be mailed to each county clerk,
to be kept open for inspection In con
nection with the brand book.
Section 13. All fees collected bv rea
son of the provisions of this Act, by the
State Board of Stock Inspection Com
missioners, shall be turned Into the
Brand Inspection Fund of said Board.
All expenses provided for under this
Act. or Incurred by reason thereof,
shall be paid only out of the said Brand
Inspection Fund. Said State Board of
Stock Inspection Commissioners shell
report annually to the Governor of the
State as provided In Section 6391 of the
Revised Statutes of Colorado, 1908.
Section 14. Upon the passage of thin
Act, the Secretary of State Is Instructed
to turn over to the State Board of
Stock Inspection Commissioners, all the
filing cases and all records of what
soever nature and character In refer
ence to the stock brands now on file
In his office, together with all brand
books and supplements and everything
belonging to the brand department of
the said office of the Secretary of
State.
Section 15. An Act entitled ‘‘An Act
to provide for the branding and innrk-
Ing of live stock, and for the recording
of brands and marks; to prevent tho
defacing of brands and marks, to pro
vide penalties for violations thereof,
and to repeal all acts and parts of
acts In conflict herewith," approved
April 11, 1903, together with all acts
and parts of acts in conflict herewith
are hereby repealed.
Section 16. Whereas. In the opinion
of the General Assembly an emergency
exists; therefore, this Act shall take
effect and be In force from and after
Its passage.
Not Approved.
Petition filed In the Office of Secre
tary of State on the Fourth day of Au
gust, A. D. 1911, at 4:45 o'clock, P. M.
In Testimony Whereof. I have here
unto set my hand and affixed the Great
Seal of the State of Colorado, at the
the City of Denver, this Flret day of
October, A. D. 1912.
JAMES B. PEARCE.
[SEAL] Secretary of State.
SENATE BILL NO 450, LAWS 1911.
REFERRED TO THE PEOPLE OF
THE STATE OF COLORADO BY PE
TITION OF REFERENDUM.
Notice Is hereby given, That at the
General Election to be held on the
Fifth day of November, A. D. 1912.
there will be submitted to the qualified
electors of the State of Colorado, for
their approval or rejection, SENATE
BILL NO. 459. which Senate BUI was
referred to the People of the State of
Colorado by Petition of Referendum,
containing more than the requisite
number or signatures (6%) of the legal
voters of the Stale of Colorado, duly
verified In accordance with law and
filed In the office of Secretary of State
on the Fifth day of June, A. D. 1911,
at 11:30 o'clock, A. M.
The authority for submitting such
Act Is found In .Section 1 of Article 6
of the Const ltutToh of the State of
Colorndo. providing for the Initiative
and Referendum.
SENATE BILL NO. 459, LAWS 1911.
A BILL FOR AN ACT CONCERNING
PUBLIC FUNDS BELONGING TO
THE STATE OR ANY INSTITUTION.
DEPARTMENT, BUREAU OR OFFI
CER THEREOF, PROVIDING FOR
THE CUSTODY. MANAGEMENT. RE
CEIPTING. WITHDRAWAL AND
REPORTING OF THE SAME. AND
FOR PENALTIES FOR THE VIOLA
TION OF THE PROVISIONS CON
TAINED THEREIN.
lie it Enacted by the Uoneral Aeaembly of
the male of Colorado :
Section 1. The State Treasurer is
hereby designated us the Custodian of
all moneys belonging to the State of
Colorado or to any Institution, bureau,
or department or public office of the
State. All appropriations heretofore or
hereafter made shall be withdrawn
from the hands of the State Treasurer
only as the expenditures authorized by
such appropriations are Incurred and
the payments thereon become due; and
no withdrawal of funds from the
Treasury shall be lawful or permitted
In any Instance for the purpose of de
positing ruch moneys In banks or with
other private or public trustees.
Ihe provisions of this act shall ap
ply, but not exclusively, to all appro
priations made for maintenance of or
construction for, state Institutions,
whether continuing or biennial, or in
any other form, and whether In the
form of special mill levies, or as ap
propriations from the general funds, or
from any special or limited funds, and
shall apply to appropriations from the
internal improvement Fund.
All expenditures from funds in the
hands of the State Treasurer as Cus
todian or otherwise, shall be with
drawn only upon the issuance of
vouchers certified or approved by the
person, persons, officer or Institution
having control and direction of such
fund, and by warrants drawn against
such funds In accordance therewith by
the Stale Auditor.
Section 2. The several educational,
charitable and penal Institutions of the
State, which derive money from tuition
fees, contributions, or the sale of
products, or from any other source,
and the several departments and offi
cers of the State who derive or re
ceive moneys from fees, taxes, sales,
penalties, licenses, permits, or other
sources, are hereafter required to de
posit such funds with the State Treas
urer as Custodian thereof. The various
cash, fee and other funds above de
scribed shall be drawn upon and di
minished by the officers having au
thority so to do, only by vouchers and
warrants as above described. Tt shall
be the- duty of every department and
officer receiving any public moneys
whose office shall be In the State Cap
itol Building, to deposit such
dally In the office of the State Treas
urer, who shall receipt therefor, and
such deposit shall be made to accord
with the regulations of the Public Ex
aminer. Every other officer, depart
ment and Institution shall deposit
monthly with the Custodian, and In
such form, and on such day as may be
prescribed by the regulations of the
Public Examiner. Provided, however,
that Items of postage, express, tele
grams and similar Incidental expenses
may be paid by any State Institution
and a voucher drawn monthly at the
end of each month to cover the total
amount of such expenses for such
month and the Auditor shall draw Ills
warrant on the State Treasurer for the
amount of such vouchers when properly
approved. Provided, That a sum of not
exceeding one thousand dollars (SI,000)
mav be kept with the local treasurer of
each State educational, charitable or
penal Institution for emergencies, said
sum shall be subject to the order of
the board of control of the Institution
to which said fund belongs.
Section 3. It shall be the duty of every
public officer, department and Institu
tion which Is authorized by law to re
ceive money from sources other than
appropriation from the revenues of the
State/ to report to the State Auditor In
such form as the public examiner may
prescribe, and on such date as he may
prescribe. In the first week In each
' month following tho date set for tho
transmission of such funds to the State
Treasurer. Such report shall be made
under oath and shall state fully the
sources and amounts of all moneys re
ceived during the period covered by the
report.
Section 4. Funds lodged with the
State Treasurer under this act which
are not creditable to the general rev
enue of the State, and which have been
or may be by law designated for pur
poses other than such general revenue,
shall not be deposited In the Treasury
of the State, or considered therein, but
ahall be held by the State Treasurer
as custodian, separate and apart from
such funds, and may be withdrawn
from his custody for the purposes and
under the contre*. of the officers now
or hereafter v° ted with authority so
to do, subject, however, to the require
ment or vouchers and warrants as
above described.
Section 6. Nothing in this act shall
be construed to deprive the Regents of
the University of Colorado of the ex
clusive control and direction of all
funds and appropriations to the Uni
versity, and this act Is Intended only
to provide for the safe custody and
proper preservation of the said funds.
The unconstitutionality of any provi
sion or provisions of this act as ap
plied to any fund or funds, or to any
officer, department, or institution, shall
be construed to render Inoperative only
the provisions as applied to such funds,
officers, department or Institution, and
the uncohstltutionality of any single
provision or provisions herein shall not
render the other provisions Inopera
tive, the various requirements being
declared separable.
Section 6. Every public officer, bu
reau, department or inetitution of the
State which receives or may be en
titled to receive funds in the form of
fees, tuition, licenses, taxes, penalties,
sales, permits or moneys from any
source other than appropriation from
the treasury, or which la entitled to
receive or does receive moneys In any
form from the general public, shall
maintain a receipt book, or if in any
Instance the public examiner shall ex
pressly so authorize, two or more sets
of receipt books, which shall be public
documents. The receipts issued, or If
the maintenance of two or more sets of
receipts Is expressly authorized, the re
ceipts of each set of receipt books
shall be conseoutlvely numbered In se
ries, without duplication, gaps or repe
tition In any form whatsoever, except
the single duplicate or stub retained
by the Issuer. For every sum of money
whatsoever received by such public of
ficer, bureau, department or institu
tion, a receipt shall be issued in order
of such payment, the number of which
printed thereon, shall follow next after
the last receipt Issued, and no receipt
shall be Issued out of the order or se
quence nrescrlbed herein. The Issu
ance of each receipt shall be accom
panied by the preparation of a stub or
duplicate similarly numbered and con
taining the same matters. Receipt
forms which may be cancelled or
spoiled shall In no case be substituted
for, but shall be preserved with the
stub and so designated as cancelled or
spoiled, and the receipt form next in
numerical order shall be Issued Instead.
Section 7. Failure to transmit or de
posit moneys or funds as provided In
this act, or failure to report as pro
vided for herein, or the expenditure of
any public fees or moneys except In
the manner provided for herein, or
wilful false statement under oath In
any report required herein, or the vio
lation of any of the provisions of this
act, shall be deemed a misdemeanor,
punishable by Imprisonment for not to
exceed one year, and every member of
a board or commission which may be
In default shall be deemed Individually
liable If assenting thereto.
In addition thereto, any person or
persons wilfully retaining public mon
eys beyond the period permitted by
this act shall be liable to the People
In a penalty of one per cent, thereof
for each day In default, to be recov
ered In a civil action filed by the At
torney General upon request of the
State Treasurer. # .
Section 8. Nothing In this act shall
affect the duties of any County Treas
urer or other county or city officer.
Section 9. All acts and parts of acts
In conflict herewith are hereby re
pealed.
Section 10. In the opinion of the
General Assembly an emergency ex
ists, therefore this act shall be in foroe
and effect from and after the date of
Its passage.
Approved June 4, 1911.
Petition filed In the Office of Secre
tary of State on the Third day of Au
gust. A. D. 1911, at 10:12 o'clock, A. M.
IN TESTIMONY WHEREOF. I have
hereunto set my hand and affixed the
Great Seal of the State of Colorado, at
the City of Denver, this First day of
October, A. D. 1912.
JAMES B. PEARCE,
(SEAL) Secretary of State.
HOUSE BILL NO. 85, LAWS 1911.
REFERRED TO THE PEOPLE OF
THE STATE OF COLORADO BY PE
TION OF REFERENDUM.
1 IVll mar
Notice Is hereby given, That at the j
General Election to be held on the
Fifth day of November, A. D. 1912,
there will be submitted to the qualified
electors of the State of Colorado, for
their approval or rejection, HOUSE
BILL NO. 85. which House Bill was re
ferred to the People of the State of
Colorado by Petition of Referendum,
containing more than the requisite i
number of signatures (6%) of the le- I
gal voters of the State of Colorado, j
duly verified In accordance with law
and filed In the office of Secretary of
State on the Third day of June, A. D. I
1911. at 11:59 o'clock, A. M.
The authority for submitting such
Act Is found In Section 1 of Article 6
of the Constitution of the State of
Colorado providing for the Initiative ,
and Referendum.
HOUSE BILL NO. 85. LAWB 1911. A
BILL FOR AN ACT TO ESTABLISH
TEACHERS* SUMMER NORMAL
SCHOOL DISTRICTS AND FOR THE
ORGANIZATION. CONTROL MAN- ;
AGEMENT AND MAINTENANCE OF
TEACHERS’ SUMMER NORMAL!
SCHOOLS IN SAID DISTRICTS IN
THE STATE OF COLORADO. AND 1
MAKING AN APPROPRIATION
THEREFOR.
Be It Enacted by the General Aaaembly of
the note of Colorado :
Sec. 1. For the purpose of establish
ing and maintaining Teachers' Sum
mer Normal School Districts and Sum
mer Normal Schools the state shall be
divided Into the following districts:
The Northern Colorado District shall
consist of the counties of Weld. Lo«ran,
Sedgwick, Phillips, Yuma, Washington,
Morgan, Adams, Arapahoe, Douglas,
Elbert. Lincoln, Kit Carson. Cheyenne,
Jefferson, Clear Creek, Boulder, Gilpin,
Denver, Larimer and Jackson: The
Southern Colorado district shall con
sist of the counties of Teller, Park, I
Fremont, El Paso, Custer, Pueblo,
Huerfano. Las Animas, Otero, Bent,
Prowers, Baca and Kiowa; the San
Luis Valley District shall consist of
tho counties of Costilla. Conejos, Rio
Grande. Saguache and Mineral; The
Montezuma Valley District shall con
sist of the counties of Archuleta, San !
Juan. La Plata, San Miguel, Dolores
and Montezuma; the Central Westerrt
Colorado District Bhall consist of the !
counties of Gunnison, Chaffee, Lake,
Eagle, Summit, Gar(leld, Mesa, Pitkin,
Delta, Montrose. Hinsdale and Ouray;
the Northwestern Colorado District
shall consist of the counties of Grand, ;
Rio Blanco aud Routt.
Sec. 2. A Summer Normal School for
the Instruction of teachers and those ,
desiring to teach Bhall be held an- 1
nually for a term of not less than six
weeks In each Summer Normal School
Dlßtrict of the State. The county super
intendents of each Summer Normal
School District shall annually elect not
more than three of their number as an
executive committee. The board of trus
tees of the State Normal School at
Greeley, together with this Committee, j
shall employ all instructors, determine !
the time and place of holding each !
Summer Normal School, and perform all
other functions of a managing Board
for said Summer Normal School dis
tricts; PROVIDED That tho Summer
School for the Central Western Colo- i
rado District shall be held at Gunnison,
and the Summer School for the North- !
ern Colorado District shall be held n.t 1
Greeley: Provided further, that any
school of college grade located In any
Summer Normal School District may
offer courses for Teachers which, If
satisfactory to the governing board of
said District shall be aerated as ful- j
filling the minimum requirements for i
the training of teachers.
Sec. 3. To defray the expenses of:
said Slimmer Normal Schools, a regis- •
tratlon fee shall be collected from each
person attending the Summer Normal
School. The executive committee of
county superintendents shall certify to
the boards of county commissioners of
the several counties of the state the
number and names of the persons at
tending a Summer Normal School from
their respective counties, and It shall
be the duty of the county commission
ers of the county where such persons
belong to appropriate the sum of 82.00
for each person so certified.
Sec. 4. This money, together with
all rees collected for the examination
of teachers, fec-s collected from those
who attend a Summer Normal School,
and all special appropriations for the
support of such schools, shall be for
warded to the State Treasurer and
■ hall be designated by him, "The Sum
mer Normal School Fund.”
Sec. 6. All fees collected from each
Summer Normal School District shall
be kept separate for the use of that
district.
Sec. 6. The State Auditor shall, upon
the order of the president of the board
of trustees of the State Normal School
at Greeley, countersigned by the sec
retary of said board and by the chair
man of the executive committee of the
Summer Normal School District In
whose favor the warrant is drawn,
draw his warrant In favor of the treas
urer of the designated district; Pro
vided. That moneys appropriated or col
lected for one Summer Normal School
District shall be used for no other pur
pose than the legitimate expenses of
that district.
Sec. 7. To assist in effectively par
rying out the provisions of this act, the
sum of five thousand dollars (85,000.00)
is hereby appropriated from the gen
eral fund out of any-moneya not other
wise appropriated, to be used by the
Trustees of the State Normal School at
Greeley for the maintenance of Sum
mer Normal Schools In the designated
districts.
Sec. 8. All sections and parts of sec
tions In conflict with this act are here
by repealed.
Sec. 9. In the opinion of the General
Assembly an Emergency exists; there
fore, this Act shall be In force from
and after Its passage.
Approved June 2, 1911.
Petition filed In the office of Secre
tary of State on the Fourth day of Au
gust. A. D. 1911, at 4:22 o’clock. P. M.
In Testimony Whereof, I have here
unto set my hand and affixed the Great
Seal of the State of Colorado, at the
the City of Denver, this First day of
October. A. D. 1912.
JAMES B. PEARCE,
[SEAL] Secretary of State.
HOUSE BILL NO. 91, LAWS 1911.
REFERRED TO THE PEOPLE OF
THE STATE OF COLORADO BY PE
TITION OF REFERENDUM.
1 I 1 lull nurunuiiuvui,
Notice Is hereby given, That at the
General Election to be held on the
Fifth day of November, A. D. 1912.
there will be submitted to the qualified
electors of the Btate of Colorado, for
their approval or rejection. HOUSE
BILL NO. 91, which House Bill was re
ferred to the People of the Stale of
Colorado by Petition of Referendum,
containing more than the requisite
number of signatures (6%) of the legal
voters of the Slate of Colorado, duly
verified in accordance with law and
filed in the office of Secretary of State
on the Third day of June, A. D. 1911.
at 11:69 o'clock A. M.
The authority for submitting such
Act Is found In Section 1 of Article 6
of the Constitution of the State of
Colorado, providing for the Initiative
and Referendum.
HOUSE BILL NO 91, LAWS 1911. A
BILL FOR AN ACT TO AMEND SEC
TIONS 6991. AND 6994. OF THE RE
VISED STATUTES OF COLORADO.
1908, RELATING TO THE HOLDING
OF EXAMINATIONS FOR TEACH
ERS' CERTIFICATES, AND QUALI
FICATIONS OF TEACHERS.
Be It Enacted by the General Aaaembly of
the State of Colorado :
Section 1. That Section 6991, of the
Revised Statutes of Colorado, 1908, be,
and the same Is hereby amended to
read as follows:
Sec. 6991. On the third Thursday In
August, December, and March In each
year the county superintendent shall
meet all persons, of not less than eight
een years of age who shall have com
pleted a four years' High School course,
or Its equivalent in training or expe
rience, and who are desirous of passing
an examination as teachers, in some
suitable room at the county seat, no
tice of which will be given In some
newspaper In the county, or in case
there is no paper published In the
county he shall give such notice as
may by him be deemed necessary, at
which time he shall examine all such
applicants In orthography; reading,
writing, arithmetic, English grammar,
geography, history and constitution of
the United States and the constitution
of Colorado, civil government, nhvslol
ogy, natural sciences, theory and prac
tice of teaching, and the school law of
; the state, to which shall be added agri
culture and horticulture and American
literature for a first grade certificate;
! and agriculture and horticulture for a
second grade. If the applicant is to
teach In a school of high grade, the ex
amination shall extend to such addi
tional branches of study as are to be
pursued In such school. If satisfied of
the competency to teach and of the
good moral character of the applicant,,
he shall give such applicant a certlfl
l cate, as provided In the following sec
tion, but he shall not issue a certlfl-
I cate except one of like grade unless
the applicant be examined at the regu
lar state examinations. He may, how
] ever. In case of emergency, recognize
I county teachers’ certificates Issued In
this or other states by endorsing there
on the word "Good” until the next regu
lar county examination; Provided, That
I the certificate so endorsed shall be In
full force at the date of such endorse-
I ment, and shall not be renewed, ex
| tended, nor show a previous endorse
ment thereon. If the attendance upon
the examination at the county seat
shall work a great hardship to five or
more teachers in the county, the county
! superintendent may provide for such
| teacher or teachers to take the exam
-1 Inatlon at some convenient place, and
the county superintendent may appoint
some suitable person to conduct such
examination, who shall without delay
report to the county superintendent the
written answers of each application.
Such person shall be entitled to five
(5) dollars per day for conducting such
examination, and such services shall
be certified by the county superintend
ent to the county commissioners.
Sec 2. That section 6994, of tho Re
vised Statutes of Colorado, 1908. be,
and the same Is hereby amended to
read ns follows:
Sec. 5994. The certificates Issued by
the county superintendent shall be of
three grades, distinguished as first, sec
i ond. and third. The first grade certifi
cates shall be valid for three years and
may be renewed by the countv superin
tendent of the county In which It was
issued; provided, that no first grade
certificate shall be issued to any person
who has not had at least eighteen
j weeks of professional training In a rec
! ognlzcd teachers’ training school and
three terms of not less than six months
each of successful teaching experience;
I the second grnde certificate shall be
valid for eighteen months; provided,
that no second grade shall be Issued to
any person who has not had at least
twelve weeks of professional training
In a recognized teachers’ training
school and two terms of not less than
six months each of successful teaching
i experience; the third grade certificate
1 shall be valid for twelve months; pro
vided. that no third grade certificate
shall be Issued to any person who has
not had at least six weeks of pro
fessional training In some recognized
teachers’ training school, or one year
of successful teaching experience- pro
vided. further, that not more than two
third grade certificates shall be issued
lto the same person. A county superln
-1 tendent may upon application of a
1 teacher holding a first grnde certifi
cate receive at a regular examination
in another county in the state and in
full force, at the time. Issued to said
teacher a certificate of like grade; pro-
I vlded. that such certificate shall not
show the standing In each branch or
! be subject to renewal but shall show
the conditions upon which It Is Issued
And he may revoke certificates of any
grnde at any time, for Immorality, In
competency, or other Just cause, it
shall be deemed a violation of law to
grant certificates of any of the above
i grades except one of like grade, wlth-
I out requiring the applicant to pass a
! thorough and satisfactory examination
: in such branches and at such times n«
I are specified In Section 16 (5991) of
this act. and In all such examinations
the questions prepared by the super
intendent of public Inetructlon ahall be
used. In caae a certificate Is revoked
or refused by the county superintend
ent, the right of appeal to the State
Board of Education shall not be denied
the teacher or applicant. If said appeal
be taken within thirty days from date
of notice of such revocation or re
fusal. The county superintendent shall
keep an official record in a suitable
book of the person so examined, con
taining the names, age, nativity, date
of examination, and the grade* of cer
tificate issued; he shall also retain for
three months the written answers of
all applicants at the regular examina
tions and hold the same subject to the
order of the State Board of Educa
tion; provided, further, that In the
school districts of the first class the
examination may be conducted by the
school board of such district In such
manner and at such times as the board
may determine, who shall have power
to Issue district certificates or the
same grades and under the same con
ditions as are specified In Section 15
(5991) and 16 (6994) of this chapter.
Said certificates, however, shall be re
ported to the county superintendent,
who shall keep a record of the same
and shall be valid only in the district
where issued; such boards may, how
ever, If they see fit, issue certificates
without examinations to high school
teachers who hold satisfactory evi
dence of adequate training for the
work they are to do.
Sec. 3. All acts and parts of acts In
conflict with this act are hereby re
pealed.
Sec. 4. In the opinion of the Gen
eral Assembly an emergency exists,
therefore, this act shall take effect and
be in force from and after Its passage.
Approved June 3, 1911.
Petition filed In the office of Secre
tary of State on the Fourth day of Au
gust. A. D. 1911, at 4:21 o’clock, P. M.
IN TESTIMONY WHEREOF. I have
hereunto set my hand and affixed the
Great Seal of the State of Colorado, at
the City of Denver, this First day o
October, A. D. 1912. _
JAMES B. PEARCE.
(SEAL) Secretary of State.
PART OF SECTION FOUR (4) OF
SENATE BILL NO 134, LAWS 1011.
REFERRED TO THE PEOPLE OF
THE STATE OF COLORADO BY PE
TITION OF REFERENDUM.
Notice Is hereby given. That at the
General Election to be held on the
Fifth day of November. A. D. 1912,
there will be submitted to the qualified
electors of the State of Colorado, for
their approval or rejection. Part of
Section Four (4) of Senate Bill No.
134, which Part of Section Four (4) of
Senate Bill No. 134, was referred to
the People of the State of Colorado by
Petition of Referendum, containing
more than the requisite number of sig
natures (6%) of the legal voters of the
State of Colorado, duly verified In ac
cordance with law and filed In the of
fice of Secretary of State on the Fifth
day of June, A. D. 1911, at 11:67 o’clock,
P. M.
The authority for submitting such
Act Is found In Section 1 of Article 5
of the Constitution of the State of
Colorado, providing for the Initiative
and Referendum.
PART OF SECTION FOUR (4) OF
SENATE BILL NO. 134. LAWS OF
1911. THAT PART OF SECTION
FOUR (4) OF SENATE BILL NO.
134. "A BILL FOR AN ACT TO
AMEND AN ACT ENTITLED. ‘AN
ACT IN RELATION TO IRRIGA
TION: PRESCRIBING PENALTIES
IN RELATION THERETO AND DE
FINING CERTAIN DUTIES OF THE
STATE ENGINEER AND SUPERIN
TENDENTS OF IRRIGATION,’ AP
PROVED APRIL 13. 1901.”
•'The owners or possessors of reser
voirs shall not have the right to Im
pound any water In such reservoirs
during the time that such water Is re
quired In senior ditches for Immediate
use for direct Irrigation, or for storage
!In reservoirs holding senior rights. ’
I Not approved.
I Petition filed In the office of Sec
' retarv of State on the Fourth day or
August, A. D. 1911. at 4:20 o'clock
P M.
IN TESTIMONY WHEREOF I have
hereunto pet mv hand and affixed the
Great Seal of the State of Colorado, at
the City of Denver, this First day of
October, A. D. 1912.
JAMES B. PUMICE,
[SEAL] Secretary of State.
CONSTITUTIONAL AMENDMENT.
Notice Is hereby given, that at the
General Election to be held on the
Fifth day of November, A. D. 1912,
there will be submitted to the qualified
electors of the Btate of Colorado, the
question of amending the Constitution
of said State.
The authority for submitting such
question Is found in Senate Bill No. 62
of the regular Session of the Eight
eenth General Assembly, which Is, In
words and figures, following, viz.:
AN ACT TO SUBMIT TO THE QUAL
IFIED ELECTORS OF THE STATE
OF COLORADO AN AMENDMENT TO
ARTICLE XV OF THE CONSTITU
TION OF THE STATE OF COLO
RADO.
Be It Enacted by the Oeneral Aaaembly of
the State of Colorado :
Section 1. That there shall be sub
mitted to the qualified electors of tho
State of Colorado, at the next general
election for members of the Gen
eral Assembly, for their approval or
rejection, the following amendment to
the Constitution of the State of Colo
rado, which, when ratified by a ma
jority of those voting thereon, shall
be valid as a part of the Constitution,
namely: Section 16 of Article XV of
the Constitution of the State of Colo
rado shall be as follows:
“Section 16. Any person, com
pany, association or corporation,
engaged in the State In smelting,
sampling, refining, reducing, mill
ing, or otherwise treating ores,
minerals, or metals, shall ‘be re
garded as engaged in a business
affected with a public Interest and
devoted to a public use.”
Section 2. Each elector voting at
said election, and desirous of voting
for or against said amendment, shall
deposit in the ballot box for his ballot,
wherein shall be printed the words.
“For the amendment concerning mills
and smelters,” and "Against the
amendment concerning mills and
smelters,” and shall Indicate his choice
by placing a cross (X) opposite one or
the other of said groups of words.
Section 3. The votes cast for tho
adoption or rejection of said amend
ment shall be canvassed and the result
determined t)y the laws of the State
for the canvass of votes for Represen
tatives In Congress.
Filed In the office of tho Secretary
of State this Fifth day of June, A. D.
1911.
In Testimony Whereof, I have here
unto set my hand and affixed the Great
Seal of the State of Colorado, at the
the City of Denver, this First day of
October, A. D. 1912.
JAMES B. PEARCE,
[SEAL] Secretary of State.
CONSTITUTIONAL AMENDMENT.
Notice la hereby given, that at the
General Election to be held on the
Fifth day of November, A. D. 1912,
there will be submitted to the quali
fied electors of the State of Colorado,
the question of amending the Consti
tution of said State.
The authority for submitting such
question is found in Senate Bill No. 402
of the regular Session of the Eight
eenth General Assembly, which Is, In
words and figures, following, viz.:
AN ACT TO SUBMIT TO THE QUAL
IFIED ELECTORS OF THE STATE
OF COLORADO AN AMENDMENT
TO SECTION 16 OF ARTICLE 10 OF
THE CONSTITUTION OF THE
STATE OF COLORADO. CONCERN
ING A STATE TAX COMMISSION.
Be It Enacted by the Oeneral Aaaembly of
the State of Colorado :
Section 1. There shall bo submitted
to the qualified electors bf the State of
Colorado at the next General Election
for members of the General Assembly,
for their approval or rejection, the fol
lowing amendment to the Constitution
of . t “ e J . s i nte of Colorado, which, when
ratified by a majority of those voting
thereon, shall be valid as a part of tho
Constitution.
Section 2. Section 16 of Article 10
of the Constitution of the State of
Colorado shall be amended so as to
read as follows:
Section 16: There shall be &
Slate Tax Commission, consisting