may have and maintain an action at law against the person or persons, corporation or corporations, violating any of the provisions of this act, to recover all damages, immediate or consequential, which he or they may have sustained by reason of such violation, before any court of competent jurisdiction, whether such person shall have been convicted under this act or not. Approved January 15, 1891. STATE TREASURER-INVESTMENT OF FUNDS. AN ACT TO AUTHORIZE AND REQUIRE THE STATE TREASURER TO INVEST THE SURPLUS MONEYS OF THE CAPITOL BUILDING FUND IN STATE WARRANTS. Be it enacted by the Legislature of the State of Idaho: SECTION 1. Whereas, prior to the time when the capitol building bonds, issued under section thirty-seven of the special and local laws, shall become subject to redemption, as provided by said section, the amount of money in the capitol building fund provided for by section thirty-eight of the special and local laws, shall exceed the amount required for the payment of the interest coupons of said bonds due or to become due within the next ensuing twelve (12) months, the State Treasurer shall use such surplus in payment of any warrant drawn upon him by the State Auditor and presented for payment and not paid for want of money in the fund upon which they are drawn properly applicable thereto, and shall register and indorse such warrants as provided by section two hundred and thirtyeight of the Revised Statutes and place the same indorsed to the credit of the capitol building fund, and such warrants shall bear interest and be payable in due course as other outstanding warrants; and when paid the principal and interest thereof shall belong to the capitol building fund and shall be in like manner reinvested until said bonds become redeemable as aforesaid. SEC. 2. There now being a large surplus idle and unproductive in said capitol building fund and an insufficient amount in the general fund of the treasury to pay war rants as presented, an emergency exists, and this act shall go into effect from and after its passage. Approved January 17, 1891. CRIME-PUNISHMENT-PEACE OFFICERS. AN ACT TO PROVIDE FOR THE PUNISHMENT OF CRIME, FOR THE APPOINTMENT OF PEACE OFFICERS AND TO ENFORCE SECTION SIX OF ARTICLE FOURTEEN OF THE CONSTITUTION. Be it enacted by the Legislature of the State of Idaho: SECTION 1. The Governor, the sheriff of any county, any United States marshal or deputy United States marshal, mayor of a city or other person authorized by law to appoint special deputy sheriffs, special constables, marshals, policemen or other peace officers in this State to preserve the public peace and prevent or quell public disturbance, shall not hereafter appoint as such special deputy sheriff, special constable, marshal, policeman or other peace officer any person who is not a citizen of the State of Idaho. SEC. 2. That any person or persons who shall in this State unlawfully exercise or attempt to exercise the functions of, or hold himself or themselves out to any one as, a deputy sheriff, marshal, policeman, constable or peace officer, or any person, whether acting in his own behalf or as an officer of the law, or as the authorized or unauthorized agent or representative of another, or of any association, corporation or company, who shall bring or cause to be brought, or aid in bringing, into this State any armed or unarmed police force or detective agency or force, or armed or unarmed body of men for the suppression of domestic violence shall be guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the State prison for not less than two (2) years and not more than five (5) years: Provided, That the legislature or the executive, when the legislature cannot be convened, may call upon the lawfully constituted authorities of the United States for protection against invasion and domestic violence, as provided in section four (4), article four (4), of the Constitution of the United States. SEC. 3. Any person, officer, company, association or cor poration who shall knowingly bring, or cause to be brought, or aid in bringing, into this State any armed or unarmed police force, detective agency or force, or armed or unarmed body of men for the suppression of domestic violence shall be liable in a civil action to any person for any injury to person or property through the action or as the result of the coming or bringing into the State of such body of men, or any of them, whether acting together or separately in carrying out the purpose for which they were brought or came into the State. SEC. 4. All acts and parts of acts inconsistent with this act are hereby repealed! Provided, That nothing con tained in this act shall be construed to repeal by implication or otherwise any of the provisions of chapter IV, of title I, of part II of the penal code of this State.. SEC. 5. This act shall take effect and be in force sixty days after the close of the present session of this legisla ture. Approved January 20, 1891 ACCEPTING CERTAIN ACTS OF CONGRESS. AN ACT DECLARING THE ASSENT OF THE LEGISLATURE OF THE STATE OF IDAHO TO ALL THE PROVISIONS OF AN ACT OF CONGRESS, APPROVED JULY 2, 1862, ENTITLED, "AN ACT DONATING PUBLIC LANDS TO THE SEVERAL STATES WHICH MAY PROVIDE COLLEGES FOR THE BENEFIT OF AGRICULTURE AND MECHANIC ARTS," AND THE ACTS AMENDATORY AND SUPPLEMENTARY THERETO: AND ALSO AN ACT APPROVED MARCH 2, 1887, ENTITLED “AN ACT TO ESTABLISH AGRICULTURAL EXPERIMENTAL STATIONS IN CONNECTION WITH THE COLLEGES ESTABLISHED IN THE SEVERAL STATES UNDER THE PROVISIONS OF AN ACT APPROVED JULY, 2, 1862, AND OF THE ACTS SUPPLEMENTAL THERETO," AND THE ACTS AMENDATORY THEREOF AND SUPPLEMENTARY THERETO. Be it enacted by the Legislature of the State of Idaho: SECTION 1. That the assent of the Legislature of the State of Idaho is hereby given to all the provisions of an act of Congress, approved July 2d, 1862, entitled, "An act donating public lands to the several States which may provide colleges for the benefit of agriculture and the mechanic arts," and the acts amendatory thereof and supplementary thereto; and, also, an act approved March 2d, 1887, entitled "An act to establish agricultural experimental stations in connection with the colleges established in the several States under the provisions of an act approved July 2d, 1862, and the acts supplemental thereto," and the acts amendatory thereof and supplementary thereto. Approved January 23, 1891. AUTHORIZING RAILROAD COMPANIES TO TAKE, ACQUIRE, PURCHASE, SELL OR GUARANTEE THE PAYMENT OF THE BONDS AND OTHER SECURITIES OF OTHER RAILROAD COMPANIES. Be it enacted by the Legislature of the State of Idaho: That section twenty-six hundred and eighty-six (2686) be and the same is hereby added to the Revised Statutes of Idaho, and shall read as follows: Section 2686. Any railroad corporation, whether chartered by, or organized under, the laws of this State or of the Territory of Idaho, or of the United States, or of any other State or Territory, may take, purchase, hold, sell, and dispose of, or guarantee the payment of, the bonds and securities of any other railroad corporation whose line of railroad is continuous of, or by lease, traffic contract, or otherwise connected with, its own line. Approved January 26, 1891. BOARD OF PARDONS-SESSIONS. AN ACT TO PRESCRIBE SESSIONS OF THE BOARD OF PARDONS, THE SECTION 1. The board of pardons established by section 7, of article IV, of the Constitution of the State of Idaho, shall meet at the capitol on the first Wednesday of January, April, July and October of each year. SEC. 2. The Governor shall preside at all meetings, and the Secretary of State shall be secretary, and shall keep a full and detailed record of the proceedings of the board. SEC. 3. Applications for pardons, commutations and remittances shall be made to the board by written or printed petition, giving a full history of the offense alleged to have been committed, and the legal proceedings had thereon, together with the reasons for clemency, and proof that due publication, as hereinafter provided, has been made in some newspaper of general circulation in the county wherein the alleged offense was committed, and that a copy of said notice has been served on the district judge, district attorney, and chairman of the Board of county commissioners of the county wherein the alleged offense was committed or conviction had. SEC. 4. It shall be the duty of the board, when applications for pardons, commutations, and remittances are duly presented to them, to carefully consider them; and for this end they may make such examination outside the application and accompanying documents as they see fit, and shall, if action favorable to the applicant be decided upon, issue to the applicant a certificate of their action, signed by the chairman and countersigned by the secretary of the board, and also notify the custodian of the body of the applicant, if he be in custody, of their action. SEC. 5. Every person having taken a lawful oath or affirmation in an application to the board, or on the hearing thereof, who shall swear or affirm wilfully, corruptly and falsely in any matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subordination of perjury (as the case may be), and, upon conviction thereof, shall be punished as by law provided for such crime. SEC. 6. All expenses attending the application for a pardon, commutation or remittance, and the proceedings thereon, shall be borne by the applicant, unless for good cause shown the board shall otherwise direct. SEC. 7. Upon the receipt of the certificate mentioned in section four (4) of this act, it shall be the duty of the said custodian forthwith to discharge from custody the person to whom the pardon has been granted. |