172 The annual compensation of the prosecuting attorney in each

173 county shall be as follows:

174 Barbour county

900

3,000

1,500

229 The annual compensation of the clerks of the courts in the 230 counties where both the office of clerk and the county court and 231 clerk of the circuit court are held by the same person, shall be 232 as follows:

237 And said salaries shall be in lieu of all fees, costs, penalties, 238 percentages, allowances, and all other perquisites, of whatever 239 kind which any of the officers herein named may now or here240 after collect or receive, except as hereinafter provided.

House Bill No. 266

(BY MR. STATHERS, by request.)

[Introduced January 21, 1921; referred to the Committee on Game and Fish.]

A BILL to amend and re-enact chapter sixty-two of the code of West Virginia, of one thousand nine hundred and sixteen, as last amended and re-enacted by chapter fifty-two of the acts of the legislature of West Virginia, of one thousand nine hundred and nineteen, regular session, all relating to the protection and preservation of certain animals, birds and fishes, forests and streams. Be it enacted by the Legislature of West Virgina:

That chapter sixty-two of the code of West Virginia, of one thousand nine hundred and sixteen, as last amended and re-enacted by chapter fifty-two of the acts of the legislature of West Virginia, of one thousand nine hundred and nineteen, regular session, be amended and re-enacted so as to read as follows:

Section 1. (a) The game and fish commission of West Vir2 ginia, to be composed of three competent citizens of this state 3 who shall be appointed by the governor, no two of whom shall 4 be residents of the same senatorial district, is hereby created. 5 Upon the passage of this act the governor shall appoint one 6 member thereof for the term of three years from the first day 7 of June, one thousand nine hundred and twenty-one, one mem4 [H. B. No. 266 8 ber thereof for the term of two years from said date, and one 9 member thereof for the term of one year from said date, and 10 thereafter the governor shall each year, appoint a member for 11 the full term of three years from said date, except where ap12 pointment is made to fill a vacancy. A vacancy in said com13 mission shall be filled by appointment by the governor for the 14 unexpired term. All appointments so made shall be with the 15 advice and consent of the senate, except where otherwise provided. 16 by law.

17 (b) The governor may remove any member for incom18 petency, neglect of duty, gross immorality or malfeasance in office. 19 (c) The commissioners shall receive no salary or other com20 pensation for their services, but shall be allowed and paid their 21 actual necessary traveling and other personal expenses in22 curred in the performance of their duties; provided, that in no 23 case shall such total amount so allowed for traveling and other 24 personal expenses exceed in any one year the sum of nine hun25 dred dollars for all of said commissioners. No expense account 26 shall be paid unless a statement of the items thereof together with 27 the times of expenditure and the persons or person by whom 28 expended shall be certified by at least two of the members of the H. B. No. 266]

5

29 commission to be a true statement of money actually expended, 30 at the times designated, for traveling and other personal ex31 penses in the performance of duty as such commissioner. 32 (d) The commission shall maintain an office at some place 33 in the state to be designated by it and shall hold regular meet34 ings at such office on the first Thursdays of January, April,

35 July and October, and may hold meetings at such times and 36 places in said state as it may deem necessary. Such special 37 meetings may be called either by the chairman or by any two 38 members, by giving reasonable notice thereof to each member. 39 (e) The commission shall have power and authority to ap40 point a chief game warden, and additional other competent men 41 who shall be designated game protectors, each of whom shall 42 hold office at the pleasure of the commission, and the commission 43 may, at its discretion, with or without cause, summarily remove 44 any person appointed by it and fill such vacancy so created by 45 removal. The commission shall fix the salary to be paid state 46 game warden and the compensation of said game protectors, but 47 said state game warden shall not be paid a yearly salary of more 48 than the sum of three thousand dollars, exclusive of his necessary 49 expenses. The commission may rent an office adequate for its [H. B. No. 266 50 purposes, furnish the same, secure necessary supplies for the 51 keeping of its records and the conduct of its business, and may 52 employ, with the right of removal as aforesaid, one person to act 53 as clerk at said office, at a salary of not more than two thousand 54 dollars a year.

6

55 (f) The commission shall, in addition to the duties herein56 after specifically prescribed, have entire charge, control and 57 supervision of the conservation, protection, propagation and 58 distribution of the fish, frogs, wild animals, and the wild birds 59 and fowl of the state; the conduct, control, operation and man60 agement of all state wild birds, wild fowl or wild game farms, 61 reserves and refuges, and fish hatcheries and reserves and refuges, 62 and all other fish, frog, wild game, wild bird and fowl plants and 63 places now or hereafter to be established in the state for the 64 propagation and protection of fish, frogs, wild game and wild 65 birds and fowl; supervise and direct the granting and the can66 cellation or revocation of all game and fish, hunting or other 67 licenses, provided by this chapter to be granted, and the payment, 68 collection and expenditure of all moneys derived from said. 69 licenses, and otherwise collected or appropriated for the operation 70 of the game and fish department; supervise and direct and have H. B. No. 266]

7

71 charge of the enforcement of all laws enacted for the propagation, 72 preservation, conservation, protection and distribution, and the