together with his reasonable and necessary traveling and contingent expenses not exceeding two hundred dollars per annum. He shall, before entering upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of five thousand dollars for the faithful performance of his duty. Such bond shall be approved by the state board of examiners and filed with the Secretary of State. Sec. 3. Control of waters. Distribution of fish. Deputies. The state commissioner shall have control and supervision of the waters of the state, for the collection, propagation, culture, and distribution of fish in the state and shall receive and distribute all game, fish, fish fry and spawn coming into his hands fairly and equitably among the several counties. He shall have full control of all the property of the state obtained or held for the purposes contemplated by this act, and he shall have power to appoint special deputies and assist in enforcing the provisions of this act; provided, that the sum of two thousand [dollars] may be expended annually for the payment of said deputies. Sec. 6. Duties of commissioner and county wardens. It shall be the duty of the state commissioner and also the duty of the county fish and game wardens to see that all laws of the state for the protection of fish and game are faithfully enforced in the several counties, and for this purpose they respectively are severally hereby given the same powers and authority granted by the laws of the state to and exercised by sheriffs and constables. The state commissioner and every warden throughout the state, and every sheriff and constable in his respective county, is authorized and required to enforce this act and seize any game or fish taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof; and if, without a warrant, to hold him until a warrant can be procured, to open, enter and examine all cars, stages, packs, warehouses, stores, outhouses, boxes, barrels and packages where he has reason to believe any game or fish taken or held in the violation of this act, is to be found, and to seize the same; and provided, that if such search or seizure be made without a warrant, the officer making the same must procure a warrant therefor as soon as possible during or after the search or seizure, and provided, further, that a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. It shall be the duty of the county fish and game wardens to report their official acts in detail to the state commissioner annually during and not later than the first week in December, and oftener if so required by the state commissioner. Sec. 10. Taking fish. How and when lawful. It shall be unlawful for any person to fish for or take any trout, bass or mountain herring from any waters of this state, by any means or device whatever, except by means of hook and line, commonly known as angling, and angling is more fully defined as fishing or angling with a fishing rod or fishing pole held in the hand or hands, having a single line at tached, with one baited fish hook or with one baited fish hook with one gang of not more than three hooks, or with one trolling spoon, with one gang of not more than three hooks, or with not more than two artificial flies, and that only between the 14th day of June of each year, and the fifteenth day of December following; provided, that fish may be taken from the waters of Fish lake between June 14th and December 14th with hand; and provided further, that it shall be unlawful to take or have in possession any trout, bass or mountain herring, less than seven inches long, at any time. Sec. 12. Other fish. It shall be unlawful for any person to sell or offer or expose for sale at any time any eastern brook trout, rainbow trout, grayling trout, native black spotted or mountain trout or any other species of trout or landlocked salmon taken from any of the streams or waters of this state. It shall be a misdemeanor for any person to take, catch or have in possession more than twenty pounds of any of said varieties or species of fish in any one day for domestic use or any other purpose; provided, that it shall be lawful to take with hook and line, commonly known as angling, any number of pounds per day in weight of eastern lake trout, native lake trout and black bass from Utah, Bear, Sevier, Panguitch and Fish lakes, and these fish may be taken and sold for commercial purposes between the 14th day of June and the 15th day of December of each year. Sec. 14. Use of seines, traps, etc. It shall be unlawful for any person to take any fish from the waters of this state by the erection of any weir, dam, fence, wheel, basket, trap, net, seine, setline, sieve, spear, gun or grabbling hooks, or any other device whatsoever which can be used for the unlawful catching of fish; provided, that for the purpose of catching carp, chubs, mullets, bullhead, catfish or suckers, and these fish only, seines not more than two hundred yards long and twelve feet wide, with meshes not less than one and onehalf inches square for fifty yards in the center, and meshes not less than two inches square in the wings thereof, may be used in the following named waters only: Utah, Bear and Sevier lakes; the Colorado, Green, Grand and San Juan rivers; in the Weber river below its junction with the Ogden river; in the Bear river below the bridge at Bear River city, from September1st to March 31st following, both days inclusive, and in Bear lake only between the 15th day of May and the 15th day of July following; provided, that suckers may be taken by grabbling hooks in Provo river, Spanish Fork river, and that only between the Oregon Short Line railway crossing and Utah lake and in Weber river in Morgan and Weber counties, and provided, further, that before any person shall use seines in the waters above mentioned, such person shall secure the presence of either the county warden or his deputy, who shall be paid not to exceed two dollars per day by the party drawing the seine. It shall Sec. 19. Hunting deer, antelope, etc., when lawful. be unlawful at any time to shoot at or in any manner kill any elk, deer, antelope, mountain sheep, buffalo or bison, otter or beaver, or any game animals or birds that may be brought or introduced into this state by the fish and game department or by private individuals for the purpose of stocking the state with said animals or birds; provided, that deer may be lawfully killed in the state from the 15th day of October to the 15th day of November of each year; and provided, further, that not more than two deer may be lawfully killed by any one person in one open season. Sec. 23. Goose, duck, etc. It shall be unlawful for any person to take, kill, wound or shoot at, or have in his possession any wild goose, duck, snipe, brant or swan, between the 15th day of January and the 1st day of October following; to rob or destroy nests, eggs, or the young of any of said birds mentioned in this section; or to take, kill, wound or shoot at any of the birds mentioned in this section, between one hour after sunset and one hour before sunrise; and it shall be unlawful to use any sneak boats or sink boxes, or other device answering the same purpose, while in pursuit of any of the birds mentioned in this section; provided, that not more than forty of any or all of the birds mentioned in this section shall be killed by any one person in any one day. Sec. 24. Insectivorous or song birds. Sparrows. It shall be unlawful for any person to kill, take, shoot at, ensnare, net or entrap or have in his possession in any year any gull, owl, lark, whippoorwill, thrush, swallow, snowbird, robins, kohl meisen or other insectivorous or song birds, except the English sparrow, or to rob or destroy the nests, eggs or young of said protected birds mentioned in this section. Approved this 25th day of March, 1901. CHAPTER 134. STATE TAX LEVY. AN ACT to provide revenue for the support of the government of the state, and of the several counties of the state, and district and county schools, for the fiscal years nineteen hundred and one and nineteen hundred and two. Be it enacted by the Legislature of the State of Utah: SECTION 1. Five mills levied for general state purposes. There is hereby directed to be raised for general state puposes for each of the fiscal years of nineteen hundred and one and nineteen hundred and two upon all of the taxable property in this state, the sum of five hundred and fifty thousand dollars and for the purpose of raising the same there is hereby levied for each of the years nineteen hundred and one and nineteen hundred and two, an ad valorem tax of five mills on each dollar in value of the taxable property in the state, or such portion of said tax as the state board of equalization may find is necessary to raise the sum above set forth in each of said years. Sec. 2. District school tax. For the purpose of raising sums for the support of district schools for each of the fiscal years nineteen hundred one and nineteen hundred two an ad valorem tax of three mills on each dollar in value of all the taxable property in the state is hereby levied for each of the years nineteen hundred one and nineteen hundred two. Sec. 3. County tax. The board of county commissioners of the several counties of the state are hereby authorized to levy on all of the taxable property in their respective counties for each of the fiscal years nineteen hundred and one and nineteen hundred two an ad valorem tax of not to exceed five mills on the dollar of valuation for general county purposes, and not to exceed four mills on the dollar of valuation for county school pnrposes. Sec. 4. This act shall take effect upon approval. CHAPTER 135. GENERAL APPROPRIATIONS. AN ACT making appropriations for general purposes. Be it enacted by the Legislature of the State of Utah: SECTION 1. That the following sums of money are hereby appropriated out of the state treasury, not otherwise appropriated, for the purpose hereinafter expressed: For contingent expenses for the years 1901 and 1902, 2,000.00 To the Governor's office For the capture or extermination of outlaws in Utah for the years 1901 and 1902, or so much thereof as may 5,000.00 To the Secretary of State For salary for the years 1901 and 1902........ 5,625.06 For contingent expenses for the years 1901 and 1902, To the office of the Secretary of State For clerical assistance for the years 1901 and 1902, or To the office of Secretary of State To the State Auditor .......$ 6,600.00 3,000.00 For salary for the years 1901 and 1902 . 3,812.50 To the office of the State Auditor For salary of bookkeepers who shall also act as 2.400.00 To the office of State Auditor For salary of clerk for recording marks and brands, 1,560.00 To the office of State Auditor For extra assistance for proof-reading copies of re- 150.00 To the office of State Auditor For contingent expenses for the years 1901 and 1902, 1,000.00 To the State Treasurer For salary for the years 1901 and 1902...... 2,812.50 To the office of State Treasurer For clerical assistance for the years 1901 and 1902, or 1,200.00 To the office of State Treasurer— For contingent expenses for the years 1901 and 1902, 500.00 To the Attorney General For salary for the years 1901 and 1902... 3,812.50 To the office of Attorney General For assistance to the Attorney General for the years 3,000.00 To the office of Attorney General For stenographer, who shall also be clerk of the 2,000.00 To the office of Attorney General— For contingent expenses for the years 1901 and 1902, 1,500.00 To the state fish and game commissioner- 1,925.00 To the office of state fish and game commissioner For traveling and contingent expenses for the years 1901 and 1902, or so much thereof as may be necessary To the office of state fish and game commissioner For salary of special deputy fish and game wardens, 600.00 4,000.00 |