Game warden, powers.

or appliances found in use in violation of the laws of this Territory, and to enforce the laws applicable to game and fish, and for the preservation of all game and fish as provided by this Act and which may hereafter become the law of this Territory, or be enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of this Territory to punish any person for the violation of said statute laws of this Territory: Provided, That such actions and proceedings may be brought in the name of the Territory in like cases, in the same courts and under the same circumstances by any individual or by the county attorney of the several counties: And, provided further, That no bond shall be required for costs from any person making such con:plaint.

SECTION 18. That the Game and Fish Warden may make complaint and cause proceedings to be commenced against any person for the violation of any of the laws for the protection or propagation of game or fish without the sanction of the county attorney of the county in which such proceedings are commenced, and in such case he shall not be obliged to furnished security for cost. Said Warden may also appear for the Territory in any court of competent jurisdiction in any case for violation of any of the laws for the protection or propagation of fish and game, and prosecute the same in the same manner and with the same authority as the county attorney of the county in which the proceedings are commenced. Said Warden shall have power to search any person and examine any boat, conveyance, vehicle, fish box, fish basket, game bag or game coat or any other receptable for game or fish when he has good reason to believe that he will thereby secure evidence of the violation of the law; and any resistence, hinderance or interference, or attempt at resistence, hinderance or interference with such search and examination shall be prima facie evidence of a viola tion of the law by the party or parties who resist, hinder or interfere with or attempt to resist, hinder or interfere

4

with such search or examination. That said Game Warden shall at any and all times seize and take possession of any and all birds, animals or fish, which have been caught, taken or killed at a time, in a manner or for a purpose, or had in possession or under control, or have been shipped contrary to any of the laws of this Territory, and such seizure may be made without a warrant. Any court having jurisdiction of the offense, upon receiving proof or probable cause for believing in the concealment of any bird, animal or fish, caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this Territory, shall issue a search warrant and cause a search to be made in any place, and to that end may cause any building, enclosure or car to be entered, and any apartment, chest, box, locker, crate, basket or package, to be broken open and the contents thereof examined by said Game and Fish Warden. All birds, animals or fish, or nets or fishing appliances or apparatus seized by the same Game and Fish Warden shall be disposed of in such manner as may be directed by the court before whom the offense is tried or by any court of competent jurisdiction. Said Game and Fish Warden shall not be liable for damages on account of any search, examination or seizure, or the destruction of any nets or fishing apparatus of any kind, in accordance with the provisions of this Act.

make arrests.

SECTION 19. Said Game and Fish Warden shall Game warden, have the same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such process. Said Warden may arrest without warrant any person caught by him in the act of violating any of the aforesaid laws for the protection or propagation of birds, game or fish, and take such person forthwith before a justice of the peace, or other magistrate having jurisdiction, who shall proceed without delay to hear, try and determine the matter, and the same proceedings shall be had as near as may be, as in other criminal matters triable before a justice of the peace, or other magistrate having

Deputy game warden.

jurisdiction. Such arrest may be made on Sunday, in which case the person arrested shall be taken before a justice of the peace or other magistrate having jurisdiction and proceeded against as soon as may be, on a week day following the arrest. And that said Game Warden shall receive the same compensation for making arrest. and serving of processes when acting under the game and fish laws of this Territory as are allowed the sheriffs for performing a like service.

SECTION 20. That the said Game and Fish Warden shall have power to appoint a Deputy Game and Fish War. den in each county in the Territory, to be known as the county game warden, who shall have the same power and authority herein provided for the Game and Fish Warden himself, subject to the supervision and control of and the removal by the Game Warden. That the said county game warden shall also have power to appoint in each county, not to exceed five deputies, residents thereof, as deputy county game and fish wardens, who shall have the same power in their respective counties as is herein provided for the Game and Fish Warden himself, subject to the supervision and control of, and to be removed by the Territorial Game and Fish Warden, and shall receive such compensation as provided in this Act for the serving of processes and making arrests and such other compensation as may be provided for by the Game and Fish Warden of the Territory, but in no case shall the county or Territory be liable for any fees or compensation other than for the serving of process as herein provided. Any person who hinders or obstructs or interferes with or attempts to hinder, obstruct or interfere with the said Game and Fish Warden, or any deputy or county warden in the discharge of his duties, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than ten, nor more than one hundred dollars, together with costs of suit; and in default of payment thereof shall be confined in the county jail until such fine and costs are paid: Provided, That such imprisonment shall not exceed ninety days.

SECTION 21. In each prosecution before a justice of the Prosecution. peace for a violation of any of the provisions of this Act there shall be a fee of ten dollars taxed and collected as costs, and one-half of which shall be paid by the justice of the peace to the Game Warden of the Territory, and one-half to the county game warden of the county in which such prosecution is had, and for each prosecution in the district court, there shall be a fee of twenty-five dollars taxed and collected as costs, one-half of which shall be paid by the district clerk to the Game Warden of the Territory and one-half to the county game wården of the county in which such prosecution is had.

SECTION 22. That Chapter 26, of the Session Laws of Repeal. Oklahoma Territory, 1895, entitled "An Act for the Protection of Game and Fish," and each and every section thereof, and all other laws in so far as they conflict with this Act, are hereby repealed.

SECTION 23. This Act shall take effect and be in force from and after its passage and approval. Approved March 10th, 1899.

AN ACT to provide for a Territorial Geologist, and to establish a department of geology and natural history in the Territory of Oklahoma.

Be it Enacted by the Legislative Assembly of the Territory of Oklahoma:

department.

SECTION 1. A department of Geology and Natural Geological History is hereby established, for the purpose of beginning and continuing the geological and scientific survey

Territorial geologist.

Duties.

Office.

Report.

of this Territory, and of discovering and developing its natural resources, and disseminating information in regard to its agricultural, mining and manufacturing advantages.

SECTION 2. The professor of biological and kindred sciences of the University of the Territory of Oklahoma, is hereby designated as Territorial Geologist who shall be chief of said department; said chief shall have power and be authorized to call to his assistance such help as he may deem necessary, but in no case to exceed the amount of expenditure authorized by this Act. The professor of biological and kindred sciences of the University of the Territory of Oklahoma shall perform the services of Territorial Geologist without compensation.

SECTION 3. It shall be the duty of said Territorial Geologist to begin and continue the geological survey of the Territory, by counties or districts, and to complete and revise the same, as may be practicable. He shall give special attention to the discovery of minerals, stones, or other natural substances useful in agriculture, manufacture, or the mechanical arts; he shall be curator of the geological cabinet, museum, apparatus and library, and shall, from time to time, as may be practicable, add thereto specimens of minerals, organic remains and other objects of natural history peculiar to this Territory and other states and countries.

SECTION 4. The office of the Territorial Geologist shall be in such room as may be assigned for that purpose in the Territorial University by the president of said University; and he shall keep such office and the Territorial museum open during the usual business hours of other offices of the Territory, when not engaged in the field or other work requiring his absence therefrom.

SECTION 5. The Territorial Geologist shall make, to the Governor, biennial reports of his labors and discoveries, and of all useful information he may have ob tained in such service, including such descriptions and figures in geology, paleontology, and archeology as may