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of the surgeon general of the State, who shall assign the members thereof to do duty as the interests of the service may demand. The medical department shall consist of the surgeon-general on the Governor's staff; one assistant surgeon-general with the rank of lieutenantcolonel; one surgeon with the rank of major; one assistant surgeon with the rank of captain, and a hospital corps consisting of two firstclass sergeants; two sergeants, six first- class privates and three privates. Additional assistant surgeons may be appointed, when in the opinion of the commander-in-chief, the interests of the service demand. The assistant surgeon-general, surgeon and assistant surgeons, shall be appointed and commissioned by the commander-in-chief from members of the medical profession residing in the State of Utah and actually engaged in the practice of medicine at the time of their appointment, upon the recommendation of the surgeon-general. The non-commissioned officers of the hospital corps shall be appointed by the surgeongeneral upon the recommendation of the commanding officer of the corps, who shall determine by examination, the fitness of each noncommissioned officer for his respective grade.

Sec. 2. Signal corps. Signal corps. The signal corps shall consist of one captain, one first lieutenant, one second lieutenant, three first-class sergeants, four sergeants, four corporals, and twelve first-class privates.

Sec. 3. "Armorer." In each company of the National Guard, the quarter-master sergeant shall be appointed "armorer;" he shall receive as compensation for his services the sum of ten dollars per each quarter-year and it shall be his duty to care for and keep in good condition the stores of the company, which are not issued to the individual members of the organization to which he belongs.

Approved this 9th day of March, 1905.

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CHAPTER 68.

RESERVOIRS.

An Act amending section 2, chapter 59, laws of Utah, 1901, creating the Reservoir Land Grant Fund and providing for the procuring of reservoir sites and the construction of reservoirs for the purpose of supplying water to State and other lands.

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

SECTION 1. That section 2, chapter 59, laws of Utah, 1901, be and the same is hereby amended to read as follows:

Sec. 2. Reservoirs to be constructed by State. The State Board of Land Commissioners is hereby authorized and directed to cause to

be selected suitable sites for the construction of reservoirs and to procure by selection, grant, or purchase, the title to the land to be covered by water stored in such reservoirs, and to cause to be constructed suitable reservoirs for the purpose of storing water to be supplied to the State and (other lands), whenever in its judgment the interest of the State would be promoted thereby.

Approved this 9th day of March, 1905.

CHAPTER 69.

SCHOOL ELECTIONS.

An Act to amend sections 1806 and 1809, Revised Statutes of Utah, 1898, relating to School Elections, how called, canvass of votes.

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

SECTION 1. That sections 1806 and 1809, Revised Statutes of Utah, 1898, be, and the same are hereby amended to read as follows:

1806. School Elections, how called. Meetings for the olection of trustees of district schools and for voting on the rate per cent of taxes to be assessed, and on the question of issuing bonds, shall be called by the trustees causing notices to be posted in at least three public and conspicuous places within the district, at least twenty days before the time for holding such meeting. Such notice shall state the time, place, and object of such meeting and the officers to be elected, and if the polls are to be opened at any such meeting to determine any question, the notice shall state the hours at which the polls will be opened and closed. All business transacted at such meeting other than specified in said notice shall be void. The voting at such meeting shall be by secret ballot.

1809. Canvass of votes. Ties. Immediately after the polls are closed, the judges shall proceed to count and canvass the votes cast at such election and the person receiving the highest number of votes for trustee shall be declared elected. All ties shall be decided by lot.

Approved this 9th day of March, 1905.

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CHAPTER 70.

ABOLISHING ARID LAND COMMISSION.

An Act repealing chapter 71, laws of Utah, 1903, entitled, "Arid Land Reclamation Fund
Commission."

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

SECTION 1. Arid Land Reclamation Fund Commission abolished. That chapter 71, laws of Utah, 1903, entitled "Arid Land Reclamation Fnud Commission" be and the same is hereby repealed.

Approved this 9th day of March, 1905.

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CHAPTER 71.

EXAMINATION OF COUNTY SCHOOL TEACHERS.

An Act providing for uniform examinations of county school teachers throughout the State, and repealing sections 1794, 1795, 1796, 1797 and 1798 of the Revised Statutes of Utah, 1898, and all acts amendatory thereto, and all acts and parts of acts in conflict herewith.

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

SECTION 1. Teachers' Examinations. Certificates. The State Board of Education shall appoint and authorize the County Superintendent of schools of each county in the State to conduct teachers' examinations at such times and places and under such rules and regulations as it may direct; provided that such examinations shall be held in each county. The Board shall prepare lists of questions to be used in such examinations and shall grade the papers of all applicants for teachers' certificates. The county superintendent shall within three days after the close of said examinations forward to the State Superintendent of Public Instruction, all papers written at said examination and relating thereto, including a complete list of all applicants, with their postoffice addresses and such other information as may be desired. If from the percentage of correct answers required by the rules and other evidences disclosed by the examination, including particularly the county superintendent's knowledge and information of the candidate's experience and ability as a teacher, the applicant is found to be a person of good moral character and free from serious infectious or hereditary disease, and to possess such knowledge and understanding, to

gether with aptness to teach and govern, as will enable the applicant to teach successfully in the district schools of the State the various branches required by law, said Board of Education shall grant such applicant a certificate of qualification.

Sec. 2. Certificate of two grades Valid one year. The county certificates issued by the State Board of Education shall be of two grades, county grammar and county primary, and shall be valid for one year, but may be renewed year by year without examination under such regulations as the Board may provide. No certificate shall be granted unless the applicant be of good moral character and found proficient in pedagogy and qualified to teach the following branches of common English education, namely: reading, writing, spelling, English grammar, geography, United States history, arithmetic, physiology and ygiene, nature studies and drawing. The percentage required to pass in any branch shall be prescribed by the State Board of Education.

Sec. 3. Temporary certificates. In addition to the regular grades of certificates, the State Board of Education may grant a temporary certificate, valid until the next regular examination, but in no case shall such certificate be granted to the same person more than once; provided, that special certificates may be issued for one year by the Board of Education to teachers of special branches; provided, however, that nothing u No! herein contained shall prohibit any county superintendent or any district Board of Trustees from employing a teacher temporarily, provided that such teacher shall have made application to the State Board of Education for a certificate and pending action by said Board on such application.

Sec. 4. County Certificates, where valid. No county certificate to teach shall be granted to any person under eighteen years of age. The certificates issued by the State Board of Education shall be valid in any county of the State.

Sec. 5. Teacher must hold certificate. Revocation. No person shall be employed or be permitted to teach in any of the district schools of the State who is not the holder of a lawful certificate of qualification. Any contract made in violation of this section shall be void. The State Board of Education is authorized and required to revoke, for immoral or unprofessional conduct, or in case of unmistakable evidence of serious infectious or hereditary disease, or evident unfitness for teaching, any certificate granted by it, after the holder thereof shall have been given an opportunity of being heard.

Sec. 6. Penalty for disclosing prepared questions. Any person having charge of the examination or any employee of the Board of Education, who shall, directly or indirectly, disclose any questions prepared for the examination, shall be deemed guilty of a misdemeanor,

and upon conviction thereof shall be fined in any sum not less than one hundred nor more than five hundred dollars.

Sec. 7. Board may employ assistants. Compensation. The State Board of Education may call to its aid, in the preparation of questions for county teachers' examinations and in grading the papers of the applicants for certificates such assistance as it may deem proper. Persons employed by the Board to assist in preparing questions and grading papers shall be entitled to necessary traveling expenses and shall receive four dollars per day for time actually and necessarily spent in the performance of their duties; Provided, that no such employee of the Board receiving a salary from the State or any sub-division thereof shall receive any such per diem. The expenses incurred in the county teachers' examination shall be paid from the State school fund.

Section 8. Sections 1794, 1795, 1796, 1797 and 1798, Revised Statutes of Utah, 1898, and all acts amendatory thereto and all acts and parts of acts in conflict herewith are hereby repealed.

Approved this 9th day of March, 1905.

CHAPTER 72.

DUTIES OF TEACHERS.

An Act to amend section 1844, Revised Statutes of Utah, 1898, relating to the duties of teachers.

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

SECTION 1. That section 1844, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

1844. Teachers to attend teachers' institute. Each teacher who is engaged in teaching during a period which includes the time of holding a teachers' institute, upon receiving notice from the county superintendent to attend, shall close his school during the holding of such institute and attend the same, and shall be paid by the school board of the district the regular salary as teacher for the time of attendance during such institute, as certified by the county superintendent. The certificate of any teacher may be revoked by the State Board of Education, when upon due examination and inquiry and after the holder thereof shall have been given an opportunity of being heard, it appears that he is guilty of inexcusable neglect or refusal to attend a teachers' institute held for such county.

Approved this 9th day of March, 1905.

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