filled by appointment of the mayor of any such city by and with the advice and consent of the city council, or by the chairman of the board of trustees of any town or village, by and with the advice and consent of such board of trustees; the person so appointed to hold his office until the election and qualification of his successor at the next succeeding election for municipal officers. Provided that this act shall not relate to or affect cities having the commission form of government." SEC. 2. All acts and parts of acts in conflict with the provisions of this act be and the same are hereby repealed. CHAPTER 80. AN ACT TO REGULATE THE SALARIES OF DISTRICT ATTORNEYS, PROVIDING FOR CONTRIBUTIONS BY THE SEPARATE COUNTIES, AND AMENDING SECTION 1872, NEW MEXICO STATUTES ANNOTATED, CODIFICATION 1915. Senate Bill No. 93 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That Section 1872, New Mexico Statutes Annotated, Codification 1915, be, and the same hereby is amended to read as follows: "SEC. 1872. SEC. 16. The several counties in the State shall respectively contribute to the payment of the salaries of the District Attorneys and assistants, per annum, as follows: Santa Fe County, seventeen hundred and fifty dollars. San Juan County, six hundred and fifty dollars. Rio Arriba County, six hundred dollars. Bernalillo County, two thousand dollars. McKinley County, six hundred dollars. Sandoval County, four hundred dollars. Dona Ana County, thirteen hundred dollars. Torrance County, five hundred dollars. Lincoln County, eight hundred dollars. Otero County, nine hundred dollars. San Miguel County, seventeen hundred dollars. Mora County, five hundred dollars. Chaves County, nineteen hundred and thirty-eight dollars. Eddy County, nine hundred and twelve dollars. Lea County, six hundred and fifty dollars. Curry County, nine hundred and eighty-four dollars. De Baca County, six hundred and fifty-five dollars. Roosevelt County, eight hundred and sixty-one dollars. Luna County, five hundred dollars. Sierra County, six hundred and fifty dollars. Valencia County, nine hundred and fifty dollars. Quay County, eight hundred and fifty dollars. SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed. SEC. 3. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico that the provisions of this act shall become effective at the earliest possible time, and therefore an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its passage and approval. CHAPTER 81. AN ACT TO PROVIDE FOR AN APPROPRIATION FOR GAGING THE STREAMS OF THE STATE OF NEW MEXICO, INVESTIGATION FOR PUMPING OR UNDERGROUND WATERS, AND FOR ENCOURAGING IRRIGATION, AS PROVIDED IN CHAPTER 32, LAWS OF 1912. APPROVED JUNE 8, 1912. Senate Bill No. 94; Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That the sum of fifteen thousand dollars ($15,000.00) annually for the 8th and 9th fiscal years be and the same is hereby appropriated for the purpose of measuring the flow of streams in the state in order to determine the location of permanent water reservoirs for irrigation purposes, and investigating the feasibility of supplying permanent reservoirs with water for irrigation purposes from artesian wells or pumping plants on state lands. Said money to be expended under the direction of the State Engineer and to be paid on warrants of the Auditor supported by itemized vouchers signed by the State Engineer, out of any monies in the treasury to the credit of the "Water Reservoirs for Irrigation Purposes Income Fund" not otherwise appropriated. CHAPTER 82. AN ACT AMENDING SECTION 1636, NEW MEXICO STATUTES, CODIFICATION OF 1915, RELATING TO MALICIOUS INJURY OR DESTRUCTION TO ANIMALS OR PROPERTY. Committee Substitute for H. B. No. 43 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That Section 1636, New Mexico Statutes, Codification of 1915, be, and the same is hereby amended to read as follows: SECTION 1636. SEC. 187. Every person who shall wilfully and maliciously kill, maim, or disfigure any horse, cattle, sheep, goat, dog, mule or ass, the property of another, or wilfully or maliciously administer poison to any such beasts, or expose any poisonous substance, with intent that same may be taken or swallowed by any such beasts, or shall wilfully or maliciously destroy or injure the personal property of another in any manner, or by any means, not particularly mentioned or described in this article, upon the first conviction thereof shall be confined in the county jail not less than six months nor more than fifteen months, or in the penitentiary not to exceed eighteen months, or fined not exceeding five hundred dollars ($500) or suffer both such fine and imprisonment in the discretion of the court; but upon a second conviction of the crime herein defined, or upon any conviction of such crime subsequent to the first conviction thereof, and whether the first conviction had been had in the courts of this or any other state, such person so convicted shall be confined in the penitentiary for not less than two nor more than ten years in the discretion of the court. CHAPTER 83. AN ACT AMENDING SECTION 5, CHAPTER 79, SESSION LAWS OF 1915, RELATING TO TAX LEVIES FOR PUBLIC SCHOOLS AND LIMITING EXPENDITURES FOR MAINTENANCE OF RURAL PUBLIC SCHOOLS, AND LIMITING THE NUMBER OF SCHOOL ROOMS FOR RURAL PUBLIC SCHOOLS. H. B. No. 60 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That Section five (5) of Chapter seventy-nine (79) of the Session Laws of 1915 is hereby amended to read as follows: "The board of county commissioners shall annually, at the time of levying other taxes, levy a special school tax not to exceed eighteen mills upon all taxable property of its respective county, which, together with the other revenues provided by law, shall produce sufficient revenue to support and maintain said schools in municipal school districts and in rural school districts where there is or is to be established a graded school with at least four teachers, for the full period of nine (9) months, and in rural school districts for the full period of seven (7), eight (8) or nine (9) months in accordance with the estimates as made and finally passed upon for such districts. And provided further that the amount which may be expended by any rural school district, where no such graded school is maintained, for all purposes except the construction, purchase, lease, repair or equipment of school houses, shall not during any school year exceed the sum of seventy dollars ($70.00) per month per school room in which a teacher holding a third grade certificate is employed nor more than ninety dollars ($90.00) per month per school room in which a teacher holding a second grade certificate is employed nor more than one hundred and ten dollars ($110.00) per month per school room in which a teacher holding a first grade or higher certificate is employed, and provided further that no such rural school district shall be entitled to more than one school room for each fifty children or fraction thereof of school age within the district, provided, in kindergarten grades and primary grades the county board of education shall employ first grade teachers only, if the same can be secured." SEC. 2. So much of section 4954, New Mexico Code of 1915, as is inconsistent herewith is hereby repealed, and Chapter 74 of the New Mexico Session Laws of the year 1915 is repealed in so far as the same affects school levies and salaries of school teach ers. CHAPTER 84. AN ACT TO AMEND SECTION 5364 OF THE NEW MEXICO STATUTES ANNOTATED, CODIFICATION OF 1915, RELATIVE TO BOND AND COMPENSATION OF THE STATE MINE INSPECTOR. House Bill No. 231 (as amended); Approved March 15, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That section 5364 of the New Mexico Statutes, annotated, Codification 1915, be amended to read as follows: 5364. STATE MINE INSPECTOR. BOND. SALARY. SEC. 50. The inspector shall give bond to the State in the sum of four thousand dollars ($4,000.00) and shall receive as compensation for his service the sum of two thousand four hundred dollars, ($2,400.00) per annum payable monthly, and in addition actual and necessary transportation and traveling expenses. CHAPTER 85. AN ACT CONCERNING THE PUBLIC HEALTH; CREATING STATE, House Substitute for House Bill No. 118 (as amended Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. STATE DEPARTMENT OF HEALTH-CREATION. There is hereby created for the State of New Mexico a "State Department of Health," which shall be composed of a state board of health and a commissioner of health. SEC. 2. MEMBERSHIP TERMS. The Governor shall appoint, by and with the advice and consent of the Senate, three persons as members of the State Board of Health, not more than one of whom shall be a licensed physician of this State. The members so appointed shall hold office for the term of six years, provided the term of office of the first three members appointed shall be so arrarnged that the term of the medical member of said board shall expire on January 1st, 1921; the term of one lay member shall expire on January 1st, 1923; and the term of one lay member on January 1st, 1925. The vacancies created by expiration of the terms of office, as herein provided, as well as vacancies otherwise occurring, shall be filled by the Governor with the advice and consent of the Senate; and recess appointments may be confirmed at the next ensuing session of the Senate. SEC. 3. MEETINGS. Within sixty days after this act shall take effect, the State Board of Health shall meet at the capital and organize by electing from its membership a chairman and a secretary, and thereafter one meeting shall be held annually and |