the first day of May and the first day of September of the same year, shall be punishable by a fine of not less than Twenty five Dollars, nor more than Two Hundred and Fifty Dollars, and by imprisonment in the county jail for a term not to exceed three months, and not less than one month, or by both such fine and imprisonment.

Section 7. Every person, who, wilfully shoots, or otherwise kills or causes to be killed, any meadow lark, blue bird, thrush, oriole, woodpecker, mocking bird, gold-finch, snow-bird, cedar-bird, stork, or any other of the small birds known as singing birds, shall be punishable by a fine not exceeding One Hundred Dollars, nor less than five Dollars and by imprisonment in the county jail not to exceed three months, or by both such fine and imprisonment.

Section 8. That any person who shall wilfully catch, trap or otherwise restrain, for the purpose of sale or domestication or any other purpose, any buffalo, elk, moose, or mountain sheep within the State, shall be deemed guilty of a misdemeanor and be fined not more than Five Hundred Dollars, nor less than One Hundred Dollars and shall be imprisoned in the county jail not exceeding six months or by both such fine or imprisonment for each offense committed in the discretion of the court.

Section 9. Any person who shall wilfully destroy the nests or carry away the eggs from the nests of any of the birds or wild fowls mentioned in this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than Five Dollars nor more than Twenty five Dollars for each offense committed, or by imprisonment in the county jail for a period of not exceeding sixty days, or both, at the discretion of the court.

Section 10. Evey person who takes or catches fish in any of the streams, lakes or ponds of this State, except with a pole, line and hooks, or any person who takes or catches fish with a hook baited with any poisonous thing or substance, or by means of dams, or in the use of any fish traps, grab-hooks, seines, or similar means for catching fish, is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than Twenty five Dollars, nor more than Two Hundred Dollars, or be imprisoned in the county jail not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

Section 11. It is, however, lawful to use a seine or catch net for the purpose of catching fish in the Missouri River, below Great Falls, and in the Yellowstone River, below Big Horn, provided said seine or net has a

mesh not less than two inches square; and it is also lawful to use a seine or net in any stream, lake or pond for the purpose of taking fish to transport into or stock other streams, lakes or ponds in the State of Montana.

Section 12. Every person, who, in any way, catches any trout or graylings for speculative purposes, for market or for sale, and every person who offers for sale or sells speckled Mountain trout in the State of Montana is guilty of a misdemeanor, and shall be punished as provided in Section 10 of this Act. This Section shall not apply to fish caught in private ponds by owners thereof.

Section 13. If any person, or persons shall use any giant powder or other explosives compounds for the purpose of catching or killing fish, he shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine not less than Two Hundred Dollars, nor more than Five Hundred Dollars, or by imprisonment in the State Prison not less. than one year nor more than three years, or both such fine and imprisonment.

Section 14. Every person who operates any saw-mill on or near any stream, who dumps, drops, carts, deposits, or causes to be deposited in any such stream, any saw dust, bark or debris, coming from said saw-mill, is punishable by a fine not less than Fifty Dollars not more than Two Hundred and Fifty Dollars, or by imprisonment in the county jail not less than thirty days, nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.

Section 15. There shall be constructed at all dams now existing or any that may be hereafter placed on any of the streams of the State, a fish way or ladder, said fish-way or ladder to conform to the following requirements: It shall be from three to six feet in width, as the fish and game warden may direct; it shall extend from the base to the apex of the dam; it shall be strongly constructed and made of at least two-inch planks; the sides shall not be less than one foot in height; it shall have wings placed on the inside at an angle of not more than forty-five degrees, which said wings shall not be more than four feet apart along each side of the way or ladder; the way or ladder shall have a slope of not more than thirty degrees. Any persons or corporations who shall violate any of the provisions of this Section, upon conviction thereof, shall pay a fine of not less than Fifty Dollars, not more than Two Hundred dollars, or be imprisoned in the county jail for a period of not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

Section 16. The possession of the dead bodies or any part thereof, or any of the birds or animals mentioned in this Act shall be prima facie evidence that such person or persons is or are guilty of killing the same.

Section 17. Any person or persons, agent or employees, of any stage or express company, or railroad company, or association of persons, who shall receive for transportation or carriage, or shall sell or offer for sale, fish or game that have been taken or killed contrary to the provisions of this Act, knowing or having reason to believe that such fish or game were so illegally caught, taken or killed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than One Hundred Dollars, or more than Three Hundred Dollars for each lot or shipment of fish or game so transported or carried, or be imprisoned in the county jail for not less than ninety days, or both in the discretion of the court.

Section 19. Every person who shall sell or offer for sale, any of the birds or animals or any part thereof mentioned in Sections 1, 2, 3, 4, 5 and 6 of this Act, is punishable by a fine of not less than Twenty-five Dollars or more than Two Hundred and Fifty Dollars, or by imprisonment in the county jail for not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

Section 20. It shall be the duty of all grand juries to investigate all infractions of any provisions of this Act, except such cases and violations as may have been tried by a court of competent jurisdiction, and upon due proof of violation of any of the said provisions, they shall proceed to indict such party or parties according to law, and it is hereby made the duty of the Judge of the District Court to call the attention of the Grand Jury to the provisions of this Act. The District Court shall have concurrent jurisdiction with the justices of the peace of all offenses committed under the provisions of this Act. And it is further provided that in construing this Act, the provisions and penalties herein before made and prescribed shall be deemed and held to include all Indians and half breed Indians when outside the Indian Reservation. It is further provided and declared to be the duty of any sheriff, or peace-officer of any county of this State, and the county attorneys of the respective counties when it shall come to their knowledge, or they shall have reason to believe that any person has violated any of the Sections of this Act, to commence criminal proceedings against them either in the Justice or District Court, as in their judgment shall be proper, and any failure on the part of any county attorney, sheriff or other peace officer, or game warden, who

has knowledge of the violation of any of the provisions of this Act to commence such proceedings, shall be deemed a misdemeanor, and he shall be punished by a fine of not to exceed Five Hundred Dollars or by imprisonment in the county jail for not less than six months, or both such fine and imprisonment in the discretion of the court and shall forfeit his office.

Section 21. All fines and penalties mentioned in any Section of this Act may be collected by a civil action in the name of the State of Montana, in any court of competent jurisdiction, upon proper complaint being filed: one-half of the fine thus collected shall be paid to the game warden whose appointment is provided for in Section 3100 of the Political Code, if he be the informer, otherwise to the person furnishing the information of the violation of this Act; and one-half of said fine when collected, shall be paid to the State Treasurer for the benefit of the State Game Warden, as provided for in "An Act entitled An Act for the further preservation of fish and game in the State of Montana, an appointment of a Board of Game and Fish Commissioners." All such fines and cost shall be collected without stay of execution and such defendant or defendants may, by order of the court, be confined in the county jail of such county until such fine and costs are paid.

Section 22. Sections 1110 to 1144 inclusive of the Penal Code, and the whole thereof, are hereby repealed, and all Acts and parts of Acts in conflict herewith are hereby repealed.

Section 23. Whenever it shall appear under any prosecution under any Section of this Act making it a felony for the violation thereof, that the crime was committed, or that the game was killed, or the fish caught in violation of law in any other State other than Montana, it shall be the duty of the magistrate or the court before whom the trial was had to hold said defendant for at least ten days, and for such further time as may be necessary to allow the authorities of said State wherein the law has been violated to take the necessary steps to secure the arrest and extradition of the accused, if they so desire; and on the holding of the accused under the provisions of this Section, it shall be the duty of the county attorney, or attorney prosecuting to immediately notify the proper officers of the State and county in which appears the law has been violated, of all the facts and circumstances connected with said proceeding.

Section 24. When it is shown that any violation of the provisions of this Act was for the purpose of preventing great suffering by hunger, of

any person or persons, which could not otherwise been avoided, the provisions of this Act shall not apply to said case.

Section 25. None of the Sections of this Act shall apply to persons hunting or otherwise engaged in collecting specimens under the direction of, and in the interest of any State Educational Institution of the State of Montana.

Approved March 8th, 1897.

HOUSE JOINT MEMORIAL NO. 1.

To the Honorable-The Senate and House of Representatives, of the United States, in Congress Assembled:

Your Memorialists, the Legislative Assembly of the State of Montana, respectfully request and urge you to establish by law, as speedily as possible, a government banking system for the deposit and investment of the savings of the people, to be managed through the postal department or such other department of the Government, and under such regulations as may be deemed most advisable.

Approved February 19, 1897.

HOUSE JOINT MEMORIAL NO. 2.

To the Honorable-The Senate and House of Representatives, of the United States, in Congress Assembled:

Your Memorialists, the Legislative Assembly of the State of Montana respectfully represent that we believe there is a general desire upon the part of the legal voters of the State of Montana, that United States Senators should be elected by a direct vote of the people, and that the election of United States Senators by the Legislative Assembly under the present provisions of the constitution and laws of the United States retards and delays the business of the sessions seriously.

Therefore your memorialists respectfully request you to take such steps be necessary to secure such amendements to the Constitution and laws of the United States as will provide for the election of United States

as may