any property of such corporation, company or association. If none of the persons named in this sub-division can be found in the county in which such action is commenced, then service may be made as provided herein upon any such persons in any county in this State. If there be none of such persons in the State of Utah, and the defendant has, or advertises, or holds itself out as having, an office or place of business in this State, or does business in the State, then upon the person doing such business or in charge of such office or place of business.

6. If the defendant is a minor under the age of fourteen years, to such minor and also to his father, mother or guardian; or, if there is none within the State, then to any person having the care and control of such minor, or with whom he resides, or in whose service he is employed.

7. If the defendant is a person judicially declared to be of unsound mind or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such guardian.

8. In all other cases, to the defendant personally, or by leaving such copy at his usual place of abode with some suitable person of at least the age of fourteen years.

Approved this 9th day of March, 1905.

CHAPTER roб.

UNJUST DISCRIMINATION AGAINST NEWSPAPERS.

An Act to prevent unjust discrimination against publishers of newspapers, by persons, association of persons, and corporations engaged in the business of gathering and distributing for publication, information or news, and declaring such combinations to be unlawful.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. Discrimination in vending news prohibited. That all persons, all associations of persons, and all corporations engaged in the business of buying, gathering, or accumulating information or news for publication, and vending, supplying, distributing or disseminating the same for publication, either to its members or otherwise, shall be deemed to be engaged in a business upon which a public interest in ingrafted, and shall make no distinction with respect to newspaper publishers desiring to purchase such news or information for publication.

2. Unlawful to discriminate. It shall be unlawful for any person association of persons, or corporations engaged in gathering and furnishing news for publication, to make any discrimination or distinction

with respect to a person or corporation engaged in publishing a newspaper.

3.

Combinations prohibited. Any combination by persons hav ing for its object or effect the controlling of information or news gathered or accumulated for distribution and publication, shall be deemed a trust, and hostile to the public welfare, and is prohibited and declared unlawful.

1. Associations engaged in gathering news must render impartial service. All persons, associations of persons, and corporations engaged in the business of gathering and disseminating information or news for publication by its members, or stockholders, or otherwise, shall be deemed to be engaged in a business in which the public is interested, and shall furnish such news to any and all newspapers desiring to publish the same at the same price as charged to the members of said association, or corporation, or stockholders of any such corporation, without discrimination between the members or stockholders and such newspapers desiring to publish such information and news; and shall render equal and impartial service to all publishers of newspapers who shall offer to pay a reasonable price therefor.

5. Certain contracts void. That any contract or agreement in violation of the provisions of this act, shall be absolutely void and not enforceable either in law or equity.

6. How combination proved. In all actions brought under this act, it shall be sufficient to prove that a trust or combination as defined herein, exists, and that the defendant belonged to it, or acted for or in connection with it, without proving or producing any article of agreement, or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all. The character of the trust or combination alleged may be established by proof of its general reputation as such.

7. Telephone and telegraph companies agents. Process, how served. All telephone and telegraph companies employed to transmit such information or news shall be deemed to be agents of such persons and corporations,and all legal process may be served by the officers of the law upon such telephone and telegraph companies; and an offer to pay a reasonable price to said telephone or telegraph companies shall be equivalent to an offer to pay the same to the persons or corporations gathering and disseminating such information or news.

8 Terms defined. The words "person" or "persons" wherever used in this act, shall be deemed to include corporations, companies and associations, existing under or authorized by either the laws of the United States, or of any of the territories, any State or any foreign State.

Approved this 9th day of March, 1905.

CHAPTER 107.

COUNTY SCHOOL DISTRICTS OF THE FIRST CLASS.

An Act providing for county school districts of the first class, placing these upon the same basis of administration as school districts in cities of the second class, and making necessary regulations therefor. And repealing all acts and parts of acts in conflict with the provisions of this chapter, so far as they relate to county school district of the first class as herein described.

Be it enacted by the Legislature of the State of Utah:

SECTION. 1. County school district of the first class. In each amende county of this State, where a school district therein, outside of the ch113-0 limits of cities of the first and second classes, shall comprise a school population of more than three thousand children over six and under eighteen years of age, as shall appear from the last enumeration reported to the office of the County Superintendent of Schools, or of the State Superintendent, as the case may be, said district of more than three thousand school population shall be known as a county school district of the first class. Said county school district of the first class is hereby placed upon the same basis as school districts in cities of the second class under the laws of this State, except as herein otherwise provided, and the public school system therein shall be controlled by the Board of Education of such district. The name of such school district shall be as designated by resolution of the Board of County Commissioners in the county where such district is located.

Sec. 2. Schools therein to be free. Under direction of Board. In each district subject to the provisions of this chapter, the public schools therein shall be free to all children between the ages of six and eighteen years. All public schools and school property therein shall be under the direction and control of the Board of Education.

Sec. 3. Board, how constituted. The Board of Education of each county school district of the first class shall consist of five members, one to be elected from and by each of five representative precincts, within said school district. Where any such district is divided into a lesser or greater number than five precincts at the time of coming under the operation of this chapter, then the Board of County Commissioners in which such district is located shall forthwith divide the same into representative precincts for school purposes; but where any such school district that now exists or may be created hereafter is divided into five precincts for the election of justices of the peace and constables, such precincts are hereby constituted school representative precincts, the boundaries thereof to remain such until changed according to the law providing for changing the boundaries of precincts in counties.

Livended

h113

Sec. 4. Members of Board, how elected. Must qualify. There did shall be elected in the county school districts of the first class, on the first Wednesday of December, nineteen hundred and five, one mem7 ber of the board from each school representative precinct, for a term of three years, and in nineteen hundred and eight, and every four years thereafter, on the first Wednesday of December, one member from each school representative precinct for the term of four years. Where any county school district of the first class exists or may be created, the Board of County Commissioners shall appoint the members of the Board of Education, to serve until the next election provided for in this section, and until their successors are duly elected and qualified; provided, that where there have been designated three trustees for the entire district, each one being from a school representative precinct, then these are constituted members of the Board of Education until the next election, and the Board of County Commissioners shall appoint two other members, one from each unrepresented representative preeinet; but where two or more trustees are from one school representative precinct, the Board of County Commissioners shall designate the member of the Board of Education. Members of the Board of Education in a county school district of the first class shall qualify by taking and subscribing the constitutional oath of office, and giving bonds to the district in which they reside in such sum and with such sureties as the Board of County Commissioners may require and approve, conditioned for the faithful discharge of the duties of their office; the oath of office and bonds to be filed with the County Clerk.

Sec. 5. Must qualify. When. Members of the Board of Education shall qualify previous to, and take their seats at, the first regular meeting in January next after their election, and shall serve until their successors are duly elected and qualified.

Sec. 6. Elections, how conducted. Elections for members of the board shall be called and conducted, and the canvass of returns shall be made, and the qualification of electors shall be as provided in the general registration and election laws, except as in this section hereinafter provided. There must be at least two voting places in each school representative precinct. It shall not be necessary to file certificates of nomination of candidates, nor to publish a list of nominations. Appointments of judges of election shall be made by the Board of Education at any convenient time prior to the day of election. The Board of Education shall furnish the judges of election at every polling place with a sufficient number of plain envelopes for election purposes and shall pay all other lawful and necessary expenses of the election. Such envelopes shall be uniform in size and quality, without any marks, writing, printing, or device upon them; and no other kind shall be used at any election. Every voter shall designate on a single ballot, written

or printed, the name of the person or persons voted for, with a pertinent designation of the office to be filled. The ballot shall be folded and placed in one of the envelopes hereinbefore provided for, and shall be delivered to the presiding judge of election, who shall, in the presence of the voter, on the name of the proposed voter being found on the registry list, and on all challenges to such vote being decided in favor of such voter, deposit it in the ballot box, without any mark whatever being placed upon such envelope; otherwise the ballot shall be rejected. The Board of Education shall exercise all such powers relative to school elections in their respective districts as are conferred upon the Board of County Commissioners in other elections, so far as conformable with this chapter.

Sec. 7. Must reside in District. Vacancies. Every member of the Board of Education in county school districts of the first class shall be and remain a resident, qualified, registered voter in the school representative precinct from which he is elected or appointed; and the Board of County Commissioners is hereby required to fill any vacancy that may occur through non-residence or any other cause, until the next election of members of the board; provided, that any vacancy occuring previous to the annual election having an unexpired term shall be filled for such unexpired term at the first school election thereafter, and the ballots shall be as follows: "To fill the unexpired term....

Sec 8. Board must organize. The members appointed or elected as herein provided shall, before entering upon the discharge of their duties, take and subscribe the constitutional oath of office. They shall organize by electing from their number a president and vice-president, whose term of office shall be for two years and until their successors are elected and qualified. They shall also elect a clerk and a treasurer, who shall be registered voters in the school district, and whose respective terms of office shall be two years and until their successors are elected and qualified.

Sec. 9. Officer may be removed. Any officer appointed or elected by the Board of Education for a specified term, as provided in the next preceding section, may be removed from his office for cause by a vote of two-thirds of the board.

Sec. 10. Board may appoint other officers. The Board of Education shall have power to appoint all other officers that in its judgment may be necessary fully to carry out the provisions of this chapter, for the protection and improvement of school property, and for the promotion of the interests of the schools, and remove the same at pleasure, and may require any such officer to give a bond to the board in such sum as it may prescribe. The oath of office and bond of the clerk shall be filed with the treasurer, and all others shall be filed with the clerk.