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THE

OKLAHOMA

LAW JOURNAL

VOL. 8.

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

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SENATE BILL No. 134.

An Act to Provide for the Temporary Appointment of County Judge During the Illness, Absence from the County, or other Disqualifications of the Regular Judge; and Declaring an Emergency.

Be it Enacted by the People of the State of Oklahoma:

Section 1. Whenever the county judge of any county in State is unable to perform the duties of his office because of illness, absent from the county, or other disqualification, a temporary county judge may be chosen by Bar of the county and such temporary county judge so chosen shall have the same authority, and the same power as the regular judge.

Section 2. The clerk of the County Court shall fix the time for the election of a temporary county judge under the provisions of this Act, and shall serve a written notice in each member of the Bar of the county at least fortyeight hours prior to such election. Such election shall be by ballot and shall be under the general direction of said clerk of the county court.

Section 3. Whenever a temporary judge is chosen to sit as a trial judge in any case on account of bias or prejudice of the regular judge the party making the

affidavit under the law shall be charged a fee of $25.00, to be taxed as costs in the case; and in no event shall the county be liable for more than one-half of such costs.

Section 4. An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public peace and safety that this Act take effect from and after its passage and approval. Passed by the Senate February 1, 1910.

Geo. W. Bellamy, President of the Senate.

Ben. F. Wilson, Speaker of the House.

Approved March 17th, 1910.

C. N. Haskell, Governor.

SENATE BILL No. 69.

An ACT to Legalize Bond Issues of Municipal Corporaiions, Counties, Townships and School Districts of this State; and Declaring an Emergency.

Be it Enacted by the People of the State of Oklahoma:

Section 1. All bonds issued or voted in good faith by any municipal corporation, county, township or school district, in this State, since the admission of this State into the Union, where the amount thereof does not exceed the limit prescribed by the Constitution, and where the election at which the same were voted was conducted in substantial compliance with the law, and where the proceedings of the municipal corporation, county, township or school district calling any such election were conducted in substantial compliance with the law, and the bonds were authorized by the requisite vote as required by the Constitution and laws of Oklahoma, and when the full contract purchase price has been paid to the municipal corporation, county, township or school district issuing the same are hereby made legal and valid, notwithstanding any irregularities in the proceedings of the authorities of such municipal corporation, county, township or school district in calling any such election or holding the same.

Section 2. An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public peace and safety that this Act take effect from and after its passage and approval.

Passed by the Senate March 3, 1910.

J. C. Graham, President Pro Tempore of the Senate.
Passed by the House March 16, 1910.

Ben F. Wilson, Speaker of the House.

C. N. Haskell, Governor.

HOUSE BILL No. 116.

An ACT for the Protection, Validation and Sale of Bond Issues of the State, Counties, Townships and Municipalties and all other Political Organizations and Subdivisions of the State of Oklahoma.

Be it Enacted by the People of the State of Oklahoma: Section 1. The Attorney General is hereby made exofficio Bond Commissioner of the State of Oklahoma.

Section 2. It shall be the duty of such Bond Commissioner to prepare uniform forms and prescribe a method of procedure under the laws of the State in all cases where it is desired to issue public securities or bonds, in any county, township, municipality or political or other subdivision thereof of the State of Oklahoma; and it shall be the further duty of said Bond Commissioner to examine into and pass upon any security issued, and such security, when declared by the certificate of said Bond Commissioner to be issued in accordance with the forms of procedure so provided shall be incontestable in any court in the State of Oklahoma unless suit thereon shall be brought in a court having jurisdiction of the same within thirty days from the date of the approval of said securities by the Bond Commissioner.

Section 3. No bond hereafter issued by any political or municipal sub-division of this State shall be valid without the certificate of said Bond Commissioner.

Section 4. An emergency is hereby declared, by reason whereof it is necessary for the immediate preservation of the public peace and safety that this Act

shall take effect from and after its passage and approval. Ben F. Wilson, Speaker of the House of Representatives J. C. Graham, President Pro Tempore of the Senate Approved March 24th, 1910,

C. N. Haskell, Governor of the State of Oklahoma:

HOUSE BILL No. 84.

An ACT providing for a License Tax upon Foreign and Domestic Corporations.

Be it Enacted by the People of the State of Oklahoma:

Section 1. No corporation heretofore or hereafter incorporating under the laws of this State, or of any other state, shall do or attempt to do business by virtue of its charter or certificate of incorporation in this State without a State license therefor; Provided, however, that the provisions of this Act shall not apply to railroad companies, car companies, electric railroad companies, telephone and telegraph companies, heat, light and power companies, waterworks and water companies, insurance companies, banking or trust companies, building and loan associations; or to any company or corporation not organized for profit.

Section 2. It shall be the duty of every corporation incorporated under the laws of this State, and of every foreign corporation now doing business, or which shall hereafter engage in business in this State, to procure annually from the corporation commission a license authorizing the transaction of such business in this State.

Each domestic corporation shall pay a license fee of fifty cents for each one thousand dollars of its authorized capital sock or less, and each foreign corporation shall pay a licence fee of one dollar for each one thousand dol• lars of its capital stock employed in its business done in this State; provided that the licence fee provided for in this Act shall not be required on that portion of its capital stock employed by any corporation in any business upon which a production, income or gross receipts tax is requir

ed under the laws of this State; but any corporation claiming exemption from the payment of the license fees on any portion of its authorized capital, shall in addition to all other statements required by the provisions of this Act, file a statement under oath of its president, secretary or other managing officer showing in detail the different kinds of business in which it is engaged, and the portion of its capital employed in that part of its business upon which a production income or gross receipts tax is required to be paid under the laws of this State.

Section 3. The license fees required by this Act shall be paid to the State Treasurer on or before the first day of August of each year, and shall be applied to the payment of the ordinary expenses of the State government and no license shall be issued by the corporation commission until each such. corporation shall file with the corporation commission a receipt from the state treasurer showing the payment of the fee herein provided for; Provided, however, the incorporating fees now required by law shall be in lieu of the license fee now required by this Act for the year in which such incorporation fees are paid.

Section 4. Every domestic corporation subject to the provisions of this Act, shall, during the month of July of each year, file in the office of the Corporation Commission a statement under oath of its president, secretary or managing officer, showing the list of its stockholders, officers and directors with the residence and post office address of and the amount of stock held by each as the same existed on the thirtieth day of June next preceding.

Section 5. Every foreign corporation, subject to the provisions of this Act shall, on or before the thirty-first day of July, of each year, file with the corporation commission, a statement, under oath of its president, secretary or managing officer or managing agent of such corporation in this State, in such form as the Corporation Commission may prescribe, showing the total amount of its authorized capital stock, the number of shares into which it is divided, the name and location of the office or offices of the company and the name of its designated agent for

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