be preserved inviolate for the payment of bounties herein above provided for. Any County Commissioner who shall interfere to prevent the levy of the taxes aforesaid, shall be deemed guilty of a misdemeanor. Misdemeanor. clause. Section 5. All Acts and parts of Acts in conflict here- Repealing with are hereby repealed. takes effect. Section 6. This Act shall be in full force and effect When act from and after its passage and approval by the Gov ernor. Approved March 1st, 1905. CHAPTER 50. An Act Prescribing the Hours of Labor which shall Be it Enacted by the Legislative Assembly of the State of Section 1. Eight hours to constitute a A period of eight (8) hours shall constitute a day's day's work. work on all works or undertakings carried on or aided by any Municipal, County or State Government, and on all contracts let by them, and in mills and smelters for the treatment of ores, and in underground mines. Section 2. Every person, corporation, stock company or association of persons who violate any of the provisions of Section One (1) of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100) nor more than Five Hundred ($500) Dollars or by imprisonment in the County Jail for not less than Thirty days nor more than six months, or by both such fine and imprisonment. Misdemeanor. Penalty. Repealing clause. When act takes effect. Section 3. All Acts or parts of Acts in conflict herewith are hereby repealed. Section 4. This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved March 1st, 1905. Governor to appoint State teopathic Examiners. CHAPTER 51. An Act to Regulate the Practice of Osteopathy in the Section 1. The Governor of this State shall appoint a Board as Board of Os- Soon as possible after the passage of this Act, to be known as the State Board of Osteopathic Examiners. Said Board shall consist of three qualified, practicing resident Osteopaths, each of whom shall be a graduate of a legally authorized school of Osteopathy; each member of said Board shall serve thereon for a term of four years, and until his successor is appointed, except in cases of the first Board, on which one shall serve for four years, one for three years, and one for two years, as specified in their appointment. In case of vacancy by death or otherwise, there shall be appointed in like manner a person to serve through such unexpired term. Officers of Section 2. Said Board of Osteopathic Examiners shall elect a President, a Secretary, and Treasurer on the first Tuesday in March, each year, from among their number, and shall have a common seal, and its President and Secretary shall have power to administer oaths. Said Examinations. Board shall hold meetings for the examinations at the State Capitol on the first Tuesday in March and September of each year and such other meetings as may be deemed necessary; each session thereof not to exceed three days, and shall issue certificates of qualification to all applicants having a diploma from a legalized, recognized and regularly conducted school of osteopathy as such, at the time it was issued, or who pass the required examination as provided by Section four of this Act. Certificate. Said certificates shall be signed by the President and Secretary of said Board, and attested by its seal, and shall be conclusive of the right of the lawful holder thereof to practice osteopathy in this State. Said Board shall keep a record of all proceedings; also a register of all applicants for a license, together with his or her name and age and time spent in the study and practice of osteopathy; and the name and location of the school or institute of osteopathy from which said. applicant holds a diploma; and shall keep a register Record of which shall show the names of all applicants licensed; and those who are rejected under this Act. Said books shall be, prima facie evidence of all matters recorded therein. Section 3. Proceedings. practice with out license. It shall be unlawful for any person to practice osteopathy in this State without a license from said Board; provided, that all persons practicing osteopathy within Unlawful to this State prior to the passage of this Act, and holding a diploma from a legally authorized school of osteopathy of good repute as such and wherein the course of study comprises twenty months or four terms of five months each, and shall have been in personal attendance at said school not less than eighty per cent of the required time, may be licensed to practice osteopathy in this State by submitting to said Board of Osteopathic Examiners such a diploma and satisfying such Board that they are the legal holders thereof, or by undergoing an individual examination as hereinafter provided, at a regular meeting of said Board for examFce for license ination. The fee for such license shall be twenty dollars payable to the Secretary of said Board of Examiners when application is made for certificates; provided that in case of failure of an applicant to pass a satisfactory examination, he will be entitled to a second examination without charge at the next succeeding meeting of the Board; provided, that all graduates of a reputable school of osteopathy who present themselves for examination, and who have graduated later than April, 1907, shall present satisfactory evidence to the Board of having actually attended such a school for a period of not less than three school years of nine months each. Secretary may grant temporary license. What examination embraces. Section 4. The Secretary of the Board of Osteopathic Examiners may upon examination, grant a certificate to an applicant to practice osteopathy until the next meeting of said Board when he shall report the facts, at which time the temporary certificate shall expire, but such temporary certificate shall not be granted by the Secretary of said Board after the Board has once rejected the applicant. Section 5. All persons, after March first, 1901, commencing the practice of osteopathy in this State, in any of its branches, shall apply to said Board for a license to do so, and such applicant at the time and place designated by said Board, shall submit to an examination in the following branches, to-wit: anatomy, physiology, chemistry, pathology, gymecology, obstretrics, and theory and practice of osteopathy, and such other branches as are taught in well regulated and recognized schools of osteopathy and deemed advisable by said Board and shall present evidence of having actually attended for at least twenty months, or four terms of five months each a legally authorized and regularly conducted school of osteopathy, recognized by said Board of Osteopathic Examiners, except as otherwise provided in Section 3 of this Act. District Court All examination papers on subjects peculiar to osteopathy shall be examined and their sufficiency passed upon by the members of said Board, whose decision. shall be final thereon subject, however, to the right of appeal, which appeal shall be to the District Court of the County in which the examination is held and said May appeal to District Court shall review such examination without a jury and shall have the right to take testimony thereon and the decision of such District Court shall be also subject to the right of appeal to the Supreme Court by any persons aggrieved thereby, and upon such appeal the Supreme Court shall have the right to consider questions of both law and fact, and said Board shall cause such examination to be scientific and practical, but of sufficient severity to test the candidate's fitness to practice osteopathy. After examination the Board shall grant a license to such applicants as shall pass the examination to practice osteopathy in the State of Montana, which license shall be granted by not less than two members of such Board attested by the seal thereof. For the support and maintenance of said Board, the fee for such examination and license shall be twenty dollars, which shall be paid in advance to the Secretary of said Board, to defray the expenses thereof. Section 6. Fee for examination and 11cense. drugs. The certificate provided for in Section five of this Act shall not authorize the holder thereof to prescribe Not to use or use drugs in the practice of osteopathy or to perform major or operative surgery; and any person holding a certificate under this Act, who shall prescribe or use drugs in the practice of osteopathy, or who shall perform major or operative surgery, shall be deemed guilty of a misdemeanor; provided, that nothing in this Act shall be so construed as to prohibit any legalized osteopath in this State from practicing major or operative surgery after having passed a satisfactory examination Misdemeanor. |