SENATE BILL NO. 79.

An Act to amend Sections 2443, 2444, 2447, 2448, 2449, 2452 and 2453 of Part III, Title V, Chapter IV, Article II, of the Political Code, and to add a new Section to said Part, Title, Chapter and Article to be numbered 2455, and to repeal Sections 2445 and 2454, of said Part, Title, Chapter and Article, all relating to the creation of a State Capitol Commission and defining its duties.

Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 2443 of Part III, Chapter IV, Title V, Article II of the Political Code be amended so as to read as follows:

Section 2443. Said Board is authorized to appoint a secretary and remove him at pleasure. His compensation shall be such sum as the Board shall deem reasonable not exceeding one hundred and twenty-five dollars per month for the time he is actually employed. He shall qualify by giving a bond to be approved by a judge of a district court of the State of Montana in the sum of five thousand dollars conditioned for the faithful performance of the duties of his office.

He shall keep a true and complete record of the proceedings of the Board. He shall make and keep a record of all contracts and obligations entered into by and with the Board, or made or delivered to the Board. He shall attest all certificates ordered by the Board.

He shall keep a set of books showing all expenditures on account of said Board, and all expenditures on account of the Capitol Building and showing at all times the financial condition of said Board, and the funds appropriated for and applicable to the purpose of this Act, and all matters re. lating thereto. He shall on the first day of December of each year prepare a financial report for the preceding year, containing an itemized and classified statement of all expenditures, and a list of all vouchers issued, showing to whom and for what purpose they were issued, which report shall be filed in the office of the Secretary of State, and published on the first day of January of each year in two newspapers to be selected by the Board, and a copy transmitted by the Board to the Legislature at its next regular session. All contracts made with said Board and all bonds required by said Board shall be regularly passed upon by the Board in session, and if adopted and approved by the majority of said Board shall be recorded in a book to be kept for that purpose and a copy of such con

tract shall be made out and certified by the secretary and indorsed "approved", with the date of approval and delivered to the other parties to the contract, until such delivery no contract shall be valid or binding upon either party.

No party required by said Board to give bond shall receive any money from the public treasury, or warrant or certificate therefor, until said bond shall have been recorded as herein required. All other bonds and contracts upon being recorded shall be filed in the office of the Secretary of State by whom they shall be preserved. All other vouchers, statements, files and papers relating to the erection of said building shall be kept and preserved by said secretary. He shall perform such other duties as may be required of him by said Board.

Section 2. That Section 2444 of said Part, Chapter, Title and Article be amended so as to read as follows:

Section 2444. It shall be the duty of said Board to secure the erection and completion of said Capitol Building upon such a plan as will admit of additions thereto, when in the future the needs of the State may require the same. The total cost of said building or the portion to be immediately erected shall not exceed the sum of three hundred thousand dollars ($300,000.00). In the construction of said Building the said Board may avail itself of the plans and specifications heretofore adopted for a State Capitol Building, if the same by modification can be adopted in a practical and inexpensive manner for the new and different building contemplated in this Section. Said Board may reject all plans and specifications heretofore adopted or belonging to the State, and procure new plans in such a manner as the Board shall direct under proper and safe conditions; and the said Board is authorized to offer prizes for the first, second, third and fourth designs, plans and specifications submitted, in such sums as the Board may deem proper. The architect whose plan is selected as the plan for said building must be required to furnish full and complete specifications for the erection and completion of said Building heating, lighting and plumbing of the same, with full and complete full-sized drawings and details and working plans, so that any capable architect may take the plans, drawings and specifications submitted and erect said building in accordance therewith. In fixing the amount of the first prize, the said Board shall take into consideration the extra work to be performed in furnishing said full-sized drawings and working plans by the architect whose plans are accepted, and said architect may be employed by said

Board to superintend the construction of said building under such terms as the Board and said architect may agree upon, or the Board may adopt any skilled and reputable architect as supervising architect of said building, if in their judgment the best interests of the State would be subserved thereby.

Section 3. That Section 2447 of said part, Title, Chapter and Article be amended so as to read as follows:

Section 2447. The architect chosen by the Board shall receive such compensation as the Board shall deem reasonable; he shall prepare all plans, specifications and details for all contracts for construction and material for said building; and if employed by the Board to superintend the construction of said building: he shall see that all material furnished and work done shall be of the best quality, and that all contracts with said Board, are faithfully performed by the parties contracting with said Board for work or material; he shall perform all other duties devolving upon him, as supervising architect and may be removed at the pleasure of said Board. Neither said architect nor any of his subordinates or assistants shall be in any way connected with any work done or material furnished for said building or any contract therefor or shall have any interest therein directly or indirectly. He shall furnish bond to the State of Montana in the sum of twenty thousand dollars, ($20,000.00), with two or more sureties, each a resident of this State, and qualifying in twice the amount of said bond, conditioned for the faithful performance by said Architect, his assistants and subordinates, of his and their duties as herein prescribed, provided, that all Architects, superintendents and contractors shall be citizens of the State of Montana.

Section 4. That Section 2448 of Part third, Chapter four, Title five, Article two of the Political Code be amended so as to read as follows: Section 2448. The Board may appoint a specially qualified person to act as superintendent of the construction of said Capitol Building. It shall be his duty to see that all contracts made with the Board are faithfully performed, that all material furnished and work done shall be as required by law or the contract therefor, that all duties imposed upon the Architect are faithfully performed by him and his subordinates and that no provisions of the act are violated.

To report to the Board any violation of this Act or of any contract or of any duty by any Architect, contractor or employee of said Board, and to do such other duties as may be required of him by the Board. Said superintendent shall receive as his compensation such sum as the Board

shall deem reasonable, not exceeding eight dollars per day for each and every day he is actually engaged in the performance of his duties. He shall be removed at the pleasure of the Board.

Section 5. That Section 2449 of Part III, Chapter IV, Title V, Article II of the Political Code be amended so as to read as follows:

Section 2449. The Board shall have and is hereby given power and authority when the kind of material to be used in the construction of the Capital building is not specifically fixed by law, to use such material as it may deem best for said building: Provided, that the total cost of the erection, completion and furnishing of said Capitol Building including steam heating apparatus and other fixtures shall not exceed the sum of three hundred thousand dollars, and the Roard shall at all times have this object in view, and all, plans accepted and all contracts awarded shall be accepted and awarded only after the Board shall be satisfied that the cost of the building when it shall be completed and furnished shall not exceed this amount.

Section 6. That Section 2452 of Part III, Chapter IV, Title V, Article II of the Political Code be amended so as to read as follows:

Section 2452. The Board shall divide the expenditures for the erection and completion of said Capitol Building so that there shall not be expended in any one year an amount in excess of the appropriation for that one year. The entire construction and furnishing of said Capitol Building shall be completed by the first day of January, 1900; Provided, that a sufficient sum to pay for the same shall have been derived from the sale of lands granted or bonds issued for that purpose.

Section 7. That section 2453 of said Part, Title, Chapter and Article be amended to read as follows:

Section 2453. All disbursements on account of the Capitol Building shall be made pursuant to certificates by the Board. All claims, bills and demands for labor performed, all materials furnished shall be presented to the Board in duplicate and shall be passed upon by said Board only at regular sessions thereof and after careful examination of every item named. If found correct they shall audit the same preserving one duplicate and transmitting the other as audited and allowed to the State Board of Examiners and shall issue a certificate to the effect that services have been rendered or material furnished and the person therein named is entitled to a warrant for the amount therein named. Upon the presentation of said certificate and a duplicate of the vouchers therefor as audited and approved by the Board, as herein provided to the State Board of Ex

aminers said State Board of Examiners shall direct the State Auditor to draw his warrant on the State Capitol Building Fund for the amount allowed and to the order of the person named in said certificate; Provided, That no certificate shall be issued in excess of the amount appropriated for that year; and all certificates issued shall be recorded in a book kept for that purpose.

Section 8. That there be and is hereby added to said Part, Title, Chapter and Article the following Section to be numbered "2455."

Section 2455. It shall be the duty of the State Capitol Commission, if they deem it impracticable to carry out the contract with George R. Mann, heretofore made on the ninth day of September, 1896 to cancel the same and pay said George R. Mann, such sum as said Board may deem due him for the work done, and expense incurred by him in attempting to carry out said contract and for all plans, specifications, elevations and detail drawings already prepared and furnished to the said Board under the terms of said contract; and to provide for the payment of said sum, out of the funds realized from the sale of bonds, authorized for the construction of the State Capitol Building, and to audit and provide for the payment of any and all other lawful warrants heretofore issued by the State Capitol Commission. Such payment to be made from the funds realized from the sale of bonds, authorized for the construction of said State Capitol Building.

Section 9. That Section 2445 and 2454 of said Part, Title, Chapter and Article and all acts and parts of acts in conflict herewith be and the same are hereby repealed.

Section 10. This act to be in full force and effect from and after its passage and approval.

Section 11. That Section 2440 of the Political Code be, and the same is hereby amended so as to read as follows:

Section 2440. That for the purpose of erecting and completing a State Capitol Building for the State of Montana on the site now selected for such building at the City of Helena, of the State of Montana, there is hereby created a Board to be known as the State Capitol Commission. Said Board shall consist of five members to be composed of the Governor and four qaulified electors of the State, only one of whom shall be a resident of the City of Helena, and no two of whom shall be from the same county, to be appointed by the Governor, Provided, that not more than two members of said Board shall belong to the same political party. The Commissioners so appointed shall hold office until the completion of said build