ceedings in the name of the state for recovery upon the forfeiture of any appearance or other bonds running to the state and enforce the collection thereof. Sec. 2. Ib. The district attorney shall, when not conflicting with other official duties, attend to all legal business required of him in his district by the Attorney General, without charge, when the interests of the state are involved. Any district attorney may, whenever he deems it necessary, appear and prosecute before any justice of the peace within his district in the preliminary examination of any person charged with felony. Sec. 3. May employ clerk. Each district attorney in judicial districts having a population of seventy-five thousand inhabitants (75,000) or more shall have power to employ a clerk, at a salary of nine hundred dollars per annum whose compensation shall be paid quarterly by the state, out of the state treasury. Sec. 4. This act shall take effect upon approval. CHAPTER 70. ADULTERATED DAIRY PRODUCTS. AN ACT to amend section 733 of the Revised Statutes of Utah, 1898, prohibiting certain injurious chemicals in milk or cream, or the products thereof, and providing a penalty for a violation of this act. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 733 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 733. Use of injurious chemicals. Any person or persons or corporation who shall sell or offer for sale, consign, or have in his possession with intent to sell or otherwise dispose of to any person or persons, or corporation, any milk, cream, butter, cheese, or other dairy products, or who shall deliver to any creamery or cheese factory, milk or cream to be manufactured into butter or cheese, to which boracic acid, formaldehyde, or salicylic acid, or compounds containing them, or any other antiseptics have been added, shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than ten or more than one hundred dollars for each and every offense. Approved March 14th, 1901. CHAPTER 71. DAIRY AND FOOD COMMISSIONER'S DUTIES. AN ACT to amend section 2447 of the Revised Statutes of Utah, 1898, as amended by chapter 41 of the Laws of Utah, 1899, defining the duties of the dairy and food commissioner. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2447 of the Revised Statutes of Utah, 1898, as amended by chapter 41 of the Laws of Utah, 1899, be and the same is hereby amended to read as follows: 2447. To enforce laws. Inspection by. It shall be the duty of the commissioner and he is hereby invested with the powers to enforce all laws that now exist or that may hereafter be enacted in this state regarding the production, manufacture or sale of dairy and creamery products, or the adulteration of any article of food or drink or any drug; and regarding the use of skimmed or adulterated milk and the feeding unwholesome food to cattle and the keeping of cattle having infectious or contagious diseases; and said commissioner shall personally, or by his deputy, inspect any article of milk, butter, cheese, meat, vegetables, lard, syrup, coffee, tea or any other article of food or drink made or offered for sale within this state which he may suspect, or have reason to believe, to be impure, unhealthy, adulterated or counterfeit. He shall also visit and inspect the various cheese and butter factories of the state and shall have power to enforce proper sanitary regulations in their management and surroundings. And said commissioner shall personally, or by his deputy, when complaint is made of the violation of any law relating to the feeding or keeping upon the premises for the purpose of feeding, any unwholesome food for cattle, or the keeping of cattle afflicted with any contagious or infectious disease, immediately investigate said charge and may prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations violating any of the laws of this state which it is the duty of said commissioner to enforce. Sec. 2. This act shall take effect upon approval. CHAPTER 72. FRAUDULENT VOTING AT PRIMARIES. AN ACT to prohibit and punish fraudulent voting at primaries, and also to punish tellers and other officers, who make false returns, and to punish persons who vote at more than one primary. Be it enacted by the Legislature of the State of Utah: SECTION 1. Only legal voters can vote at primaries. That any person who is not a legal voter at any election following any primary, in this state, who shall vote or attempt to vote at such primary, or any person who shall vote or attempt to vote at more than one primary held in the same or different precincts, wards or cities, or who shall attempt to vote or shall vote at any primary in any precinct, ward or city, where such person does not reside and is not entitled to vote. shall be deemed guilty of a misdemeanor. Sec. 2. Receiving unlawful vote, etc. Any person, teller, or officer at any primary who shall intentionally receive the vote of any individual who is known to him not to be entitled to vote, or any person who shall in any manner fraudulently and unlawfully deposit, or put any ballots into, or take any ballots from the ballot box or other receptacle for the deposition of ballots at such primary election, or shall fraudulently and unlawfully mix any ballots cast at any primary election, or shall intentionally make any false account, statement or return of the ballots cast or the vote taken at such primary, shall be deemed guilty of a misdemeanor. Sec. 3. This act shall take effect upon approval. CHAPTER 73. SALARIES OF CERTAIN STATE OFFICERS. AN ACT fixing the salaries of certain state officers, and providing for payment thereof. Be it enacted by the Legislature of the State of Utah: SECTION 1. Salaries of certain state officers fixed. The annual salaries of the following state officers are hereby fixed as follows: Governor, four thousand dollars; Secretary of State, three thousand dollars; State Treasurer, fifteen hundred dollars; State Auditor, two thousand dollars; Attorney General, two thousand dollars; State Superintendent of Public Instruction, eighteen hundred dollars. Sec. 2. To be paid quarterly. The salaries of the state officers in section one specified shall be paid quarterly, and the State Auditor shall draw his warrant on the State Treasurer at the end of each quarter for the amount of salary due each of such officers. Approved this 14th day of March, 1901. CHAPTER 74. REGULATING THE INSURANCE BUSINESS. AN ACT regulating the transaction of insurance business (other than life), in this state by foreign insurance companies, requiring the same to be done through resident agents, prescribing certain duties of the Secretary of State, in relation thereto,and prescribing certain penalties for the violation of the same. Be it enacted by the Legislature of the State of Utah: SECTION 1. Policies written by foreign insurance companies must be countersigned by local agent. That no insurance company or association (other than life) not incorporated under the laws of this state, shall make, write or place any policy or contract of insurance of any kind or character, binding in law upon any person or property situated or located in this state, except after the said risk has been approved by an agent resident of this state, regularly commissioned and licensed to transact insurance business in Utah for said company, who shall countersign all policies so issued and receive the regular commission thereon, and also to the end that the state may receive the taxes required by law to be paid on the premiums collected for insurance written herein. This section shall not apply to reinsurance policies nor insurance covering the rolling stock of railroad corporations, where such railroad line lies partially within and partially without the state of Utah, or to property in transit while in the possession and custody of common carriers. Sec. 2. Secretary of State shall investigate violations. Whenever the Secretary of State shall receive information that any company or association has violated any provisions of this act, he is authorized, at the expense of such company or association, to examine by himself, or his accredited representative, at any office of such company or association as he may deem proper, all books and records of such company or association, and may examine under oath its officers and agents as to such violations. The refusal to submit to such examinations, or to exhibit books and papers for inspection, shall be conclusive evidence of a violation of the provisions of section 1 of this act, and shall subject the said company or association to the penalties herein prescribed. Sec. 3. Penalty. Any company or association wilfully violating any of the provisions of this act shall be subject to a penalty of three hundred dollars for each and every violation thereof and for each failure to observe and comply with any provision of this act; such penalty may be recovered in an action brought by the Attorney General for the state in any court having jurisdiction thereof. Any insurance company or association neglecting or refusing for thirty days after judgment to pay the same, shall have its authority to transact business in this state revoked by the Secretary of State, and such revocation shall continue one year from the date thereof; nor shall any such company or association be permitted to transact business herein until such judgment has been paid and it has filed with the Secretary of State a satisfactory certificate to the effect that the terms and obligations of the provisions of this act are accepted by it as a part of the conditions of its right and authority to transact business in this state. Sec. 4. This act shall take effect upon approval. CHAPTER 75. CONTINGENT EXPENSES OF THE LEGISLATURE. AN ACT to provide for the payment of regular and contingent expenses of the fourth session of the Legislature of the State of Utah. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appropriation for contingent expenses of Legislature. That the sum of twenty-five hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of the funds of the state treasury for the purpose of defraying the regular and contingent expenses of the fourth session of the Legislature; and the State Auditor shall draw his warrant on the Treasurer for such money, or any portion thereof, upon the request, in writing of the president and secretary of the Senate, and the speaker and chief clerk of the House of Representatives. Sec. 2. This act shall take effect upon approval. CHAPTER 76. SAN JOSE SCALE. AN ACT making an appropriation for the extermination of the San Jose scale. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appropriation for the extermination of the San Jose scale. That the sum of two thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the extermination of the San Jose scale, with which the trees and shrubbery of this state are or may hereafter be infected. |