Vote required to adopt or reject.

Provision for extension to

other counties.

7. If a majority of the votes cast upon the question be "For Modification of the county court," this act shall be and remain in full force and effect, but if a majority of such votes be "Against Modification of the county court," this act shall be of no further effect.

8. The provisions of this act shall extend to all the counties of the State, provided that the county court, or other tribunal in lieu of a county court, may, upon the petition of one hundred voters of the county, submit the question of making this act the law of said county to the voters of said county, at an election to be held at a time and with such notice as may be specified by said court. If, at said election, a majority of the votes cast shall be in favor of making this act the law of said county, the said county court, or other tribunal in lieu of said court, shall, at its next meeting after the said election, by resolution declare this act to be in full force and effect in said county.

Preamble.

-further preamble.

(House Bill No. 36.

CHAPTER 126.

AN ACT to appropriate money for the erection of a monument to Levi Morgan, one of the pioneers of West Virginia.

[Passed February 16, 1901. In effect 90 days from passage. Approved February 19, 1901.

Whereas, Levi Morgan was one of the great patriots and pioneers of our country, and lived in West Virginia, and was of inestimable service to this country in preventing the attack of the Indians upon the early settlements of this State; and

Whereas, The said Levi Morgan by innumerable acts of patriotism and bravery and at the risk of his life, and oftentimes undergoing terrible privations, did preserve the settlements of this State from massacre at the hands of the Indians, and by his acts saved the lives of hundreds of the early settlers of this country, and left an imperishable record for honesty, bravery and fortitude to his countrymen; and

preamble.

Whereas, The said Levi Morgan built a fort at New -further Martinsville in the county of Wetzel, in what is now the State of West Virginia, and thereby prevented all of the northern settlements of the State from destruction at the hands of the Indians; and

preamble.

Whereas, There is no monument to the said Mor--further gan in the State for whose benefit he did such service; therefore,

Be it enacted by the Legislature of West Virginia:

tion for erect

ment to Levi Morgan.

1. That there shall be appropriated the sum of Appropriathree thousand five hundred dollars, to be paid out ing a monuof the treasury of this State, for the purpose of erecting to Levi Morgan a monument in the county of Wetzel commemorating his life and patriotic actions; which said monument is to be erected under the supervision of the governor of this State, the president-commission of the Senate, the speaker of the House, and the member of the legislature from the county of Wetzel, and two persons to be appointed by the governor.

of supervision

con- Board au

con

pay

thorized to contract for erection of monument,

2. The said above mentioned members shall stitute a board which shall have the right to tract for the erection of this monument and to for the same, and the said money is hereby appro- and pay for priated out of the treasury of the State from moneys not otherwise appropriated, and shall be drawn from the treasury for said purpose by the governor of this drawn, State, who shall be ex-officio chairman of this board.

same.

-money, how

Majority, the

vacancies.

3. A majority of this board shall have the right to act, and upon the death or disability of any member right to act; thereof the governor of the State shall fill the vacancy by his appointment.

Commission constituted to

procure statue, in marble, of Frances H. Pierpont.

(Senate Bill No. 96.)

CHAPTER 127.

AN ACT to provide for the presentation to Congress of a statue of Francis H. Pierpont, and making an appropriation to pay for same.

[Passed January 22, 1901.

In effect 90 days from passage. Approved January 29, 1901.

Be it enacted by the Legislature of West Virginia:

1. That the governor, the president of the Senate and the speaker of the House of Delegates, ex-officio, and James F. Brown, Clarence L. Smith, John Frew and Thomas C. Miller, shall constitute a commission to procure from a competent artist a statue, in marble, of the late Francis H. Pierpont, an eminent citizen of this Commonwealth, to be erected in the cap-to be erect itol at Washington, in pursuance to the laws of the United States; said presentation shall be made as a part of the contribution of the State of West Virginia to the national gallery.

ed, where.

Appropriation for

erection.

and when.

2. The sum of five thousand dollars, or so much statue and its thereof as may be necessary, is hereby appropriated out of any money in the treasury, not otherwise appropriated, to pay for said statue and its erection, as -how drawn, provided in section one of this act; and the auditor shall issue his warrant upon the treasurer for the price of such statue and its erection, not to exceed the sum aforesaid, when the said Commission, or a majority of them, shall certify the price of such statue to him, and that the same has been erected as aforesaid.

No pay allowed commission.

3. The members of said commission shall serve without compensation.

(House Bill No. 9,)

CHAPTER 128.

AN ACT to repeal chapter two hundred and two of the Acts of one thousand eight hundred and eightytwo, and to provide for the lease or sale of the public property known as Berkeley Springs.

[Passed February 7, 1901. In effect from passage. Approved February 12, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That chapter two hundred and two of the acts Act repealed. of the legislature of one thousand eight hundred and eighty-two, be and the same is hereby repealed.

erty; control

sion of vested

2. That the possession, management and control Berkeley of the public property in the town of Bath in the Springs propcounty of Morgan, known as "The Public Square," and possesand Berkeley Springs property, and the lots added in a board of thereto by purchase or otherwise, be, and the same is hereby vested in a board of trustees, to be known as the "Berkeley Springs Board," in trust as heretofore name of for the public use and benefit.

trustees.

such board.

property,

trustees; to

when.

3. The present trustees of Berkeley Springs shall surrender of surrender and deliver to the said Berkeley Springs books, etc.. board hereby created, or to such person as it may des- by present ignate, as soon as this act shall take effect, all the whom and property under their management and control, and all books, papers and records pertaining to such property; and the said Berkeley Springs board shall, until such sale may be made and confirmed, as herein-rights, after provided, have all the rights, privileges and duties of new powers, and perform all the duties vested in or required to be done by the present trustees, by chapter two hundred and two of the acts of one thousand eight hundred and eighty-two, and such additional rights, privileges and powers as are conferred by this

act.

powers and

board.

authorized to

-term of

4. The said Berkeley Springs board shall, as soon New board as practicable, either lease in whole or in part the said lease propproperty for a term of not to exceed fifty years to erty. some good and solvent person or persons, firm or cor- lease. poration, upon such terms and conditions as it may-conditions deem proper, taking a bond or bonds payable to the of lease.

State of West Virginia in such penalty as may be by them approved, with good security, conditioned for the faithful performance of all the obligations imposed upon or assumed by such lessee or lessees, by the terms of this act, or by any provisions which may be contained in the contract of lease which may be made, which lease shall be made after advertisement in such manner as in the judgment of said Berkeley Springs board may appear to be proper, and as in the judgment of said board, will best promote the inter-authorized ests of the State; or the said board may sell the said erty in whole property in whole or in part subject to the conditions or in part; how.

-advertisement.

to sell prop

-what to

hereinafter provided, and such other conditions as may be agreed upon, by public auction, after such advertisement, and on such terms as to cash and credit, as it may seem proper, and promotive of the interests of the State; and in the case of such sale, they shall from the proceeds thereof pay, first, the costs incidental thereto, and next the indebtedness now owing by the trustees of Berkeley Springs, for improvements heretofore made thereon, and lastly, the surplus shall be paid to the State. The power above conferred to -power con- lease or sell shall be deemed to include the power to lease part and sell part of said property.

pay in case of sale.

-surplus.

ferred defined.

Fixed condi

tions if prop

or sold.

-title to revest in

5. Any sale or lease which may be made hereunerty be leased der shall be made on and subject to the conditions that the said property shall be perpetually maintained and operated as a public watering place and health resort without discrimination against or any special and exclusive privileges in favor of any person, and when the purchaser or his grantees shall cease to so state, when. maintain and operate it, the title thereto shall re-vest in the State of West Virginia. Any rights of the isting rights Berkeley Springs water works and improvement company, as at present existing, and any rights of any other persons now existing to take water from the springs on said property, shall not be affected by this act, or any sale or lease made hereunder.

-certain ex

not affected by sale or lease.

Confirmation of lease or sale; by whom.

6. Any lease or sale made under the provisions hereof shall be submitted for confirmation to the board of public works of this State, and shall not be valid unless and until confirmed by the said board of public works.