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Repealing
clause.

When act

takes effect.

to

What fees
be paid by
water users'
association for
certificate of

been filed in his office. And the said Bishop, Chief Priest, or Presiding Elder shall continue to be, and be, and his successor in office, shall be a Sole Corporation, under the original articles, and amended articles of Incorporation filed.

Section 3. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 4. This Act shall take effect and be in full force from and after its passage and approval by the Governor.

Approved March 2, 1905.

CHAPTER 66.

An Act Providing that Water Users' Associations, or-
ganized in Conformity with the Requirements of the
laws of the United States and the State of Montana
for the Furnishing of Water only to its Stockholders,
shall be exempt from Incorporation tax, Annual
Franchise Tax, and Fixing the fee required to be paid
to the Secretary of State for filing and Recording
such Articles and Issuing Certificate of Incorpora-
tion.

Be it Enacted by the Legislative Assembly of the State of
Montana:

Section 1. That any water users' association, organized in conformity with the requirements of the laws of the United States and of the State of Monincorporation. tana, under the reclamation Act of June 17, 1902, which, under the articles of incorporation, is Authorized to furnish water only to its stockholders, shall be exempt from the payment of any incorporation tax and from the payment of any annual franchise tax, and upon filing its articles of incorporation with the Secretary of State shall be required to pay only a fee of ten dollars for the filing and recording of such articles of incorporation and the issuance of certificate of incorporation.

Repealing
clause.

When act

takes effect.

Section 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Section 3. This Act shall be in full force and effect from and after its passage and approval by the Gov

ernor.

Approved March 2, 1905.

เม

CHAPTER 67.

An Act to amend Section 4050 of Article I, Chapter
XIII, Title X, Part III, of the Political Code of Mon-
tana, relating to Distribution of Moneys collected for
Licenses.

Be it Enacted by the Legislative Assembly of the State of
Montana:

Section 1. That Section 4050 of Article I, Chapter Section 4050 of

Political Code

XIII, Title X, Part III, of the Political Code of Mon- amended. tana, be amended to read as follows:

Section 4050. All moneys collected for licenses must be paid into the treasury of the county in which the same was collected, Fifty per cent thereof for the use of the county, and Forty-five per cent thereof must be paid over by the County Treasurer to the State Treasurer for the use of the State.

How money licenses appor

paid for

tioned.

Section 2. This Act shall be in full force and effect When act from and after its passage and approval by the Gov

ernor.

Approved March 2, 1905.

CHAPTER 68.

An Act Providing for the Furnishing and use of blank
form books for the Recording of Articles of Incor-
poration and Stock Certificates of Water Users' As-
sociations organized under the National Reclamation
Act, and Prescribing the Fees for such recording.
Be it Enacted by the Legislative Assembly of the State of
Montana:

Section 1. The county commissioners of every county where Water Users' Associations, organized in conformity with the laws of the United States, under the Reclamation Act, have organized, or wherein such association shall hereafter organize, are required to furnish the county recorder, for the proper recording of such articles of incorporation and stock certificates of such companies, books to conform to such books and stock certificates as used by the Secretary of the Water

takes effect

[blocks in formation]
[graphic]

Charge for recording certificate.

Repealing clause.

When act

takes effect.

Users' Association, containing printed blank forms of such articles of incorporation and stock certificates, in accordance with the laws of the United States and of the State of Montana, such forms to be prepared by the Attorney General and used by the county recorder for the recording of such articles of incorporation and stock certificates.

The county recorder shall charge fifty cents for recording each stock certificate.

Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 3. This Act shall be in full force and effect from and after its passage and approval by the Gov

ernor.

Approved March 2, 1905.

Ad valorem tax for

State purposes for 1905.

For 1906.

Repealing clause.

When act

takes effect.

CHAPTER 69.

An Act to provide for the support of the Government
of the State of Montana for the years 1905 and 1906.
Be it Enacted by the Legislative Assembly of the State of
Montana:

Section 1.

There is hereby levied for state purposes upon all the property of the State liable to taxation for the year of 1905 an ad valorem tax of two and one-half mills (212) on each dollar of the valuation of such property. Section 2.

There is hereby levied for state purposes upon all the property of the state liable to taxation for the year of 1906 an ad valorem tax of two and one-half mills (212) on each dollar of the valuation of such property. Section 3. All Acts and parts of Acts in conflict with the provisions of this Act 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 2, 1905.

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CHAPTER 70.

An Act granting unto the government of the United
States the right to use or enlarge any canal or ditch.
required in whole or in part for the construction of
irrigation works by the United States within the
State of Montana.

Be it Enacted by the Legislative Assembly of the State of
Montana:

Section 1. That where, in the course of the construction of Irrigation Works, the Secretary of the Interior, or any person or agent authorized to act in the premises, deems it necessary to use the right of way of any existing ditch, canal or reservoir, such right and privilege may be enjoyed by the Government of the United States under, and subject to, either of the following provisions, to-wit:

1. The existing ditch, canal or reservoir may be condemned as provided by law.

2. The existing ditch, canal or reservoir after having been condemned as provided for by law, may be enlarged or extended by the United States without charge or cost to the owner or owners thereof; provided, that such enlargement or extension shall not be so made as to deprive any owner of such reservoir, ditch or canal of the water rights and privileges owned or enjoyed, at the time of such enlargement or extension, but such rights shall be and remain undiminished and unimpaired by, through, or on account of such extension or enlargement, and the ownership or the right to the use and enjoyment of such water rights and privileges by any owner thereof in and through the enlarged or extended reservoir, canal or ditch shall never be questioned by the United States, its successors or assigns, but shall be perpetually recognized and facilitated.

Secretary of
Interior may

use right of ing ditches,

way of exist

etc.

Condemnation.

May be
extended.

enlarged or

clause.

Section 2. All Acts or parts of acts in conflict here- Repealing with are hereby repealed.

When act

takes effect.

Section 3. This Act shall take effect and be in full force from and after its passage and approval by the Governor.

Approved March 2, 1905.

Retail liquor dealers must pay license.

Petition must be obtained, signed by twenty freeholders.

License not issued as matter of right.

County Commissioners to supervise and control per

sons engaged

CHAPTER 71.

"An Act to Regulate the Issuance of Licenses of Retail Liquor Dealers in Cities, Towns, Villages or Camps containing a Population of Less than One-Hundred. Be it Enacted by the Legislative Assembly of the State of Montana:

Section 1.

Every person who engages in the business of a retail liquor dealer, that is, a person who sells spirituous, malt or fermented liquors or wine in less quantities than one quart, in all cities, towns, villages, or camps, where the population is less than one hundred, must obtain a license from the county treasurer. But before the county treasurer shall be permitted to issue such license, petition shall first be filed and presented to the Board of County Commissioners of the County, signed by at least twenty freeholders residing within the particular city, town, village, camp or township in which any person seeking such license intends to engage in business, requesting the issuance of such license to such person, and they shall in their discretion thereupon direct the county treasurer to issue such license, but not otherwise.

Section II.

Nothing herein contained shall be construed so as to require the Board of County Commissioners to issue any such order for a license as a matter of right but such license may be ordered to be issued entirely within the discretion of said Board of County Commissioners. Section III.

Board of County Commissioners are hereby granted

in sale in power of supervision and control over persons engaged

toxicating

liquors.

in the sale of intoxicating liquors in their respective

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