transact business in this State unless it is possessed of the actual amount of capital required of any company organized by the laws of this State, or, if it be a mutual company, of surplus equal in amount thereto, and the same is invested in bonds of the United States or of this State, or in interest paying bonds, when they are at or above par of the State in which the company is located, or of some other State, or in county, municipal or school district bonds in either or both of said States or in notes or bonds secured by mortgages on unencumbered real estate within this or the State where such company is located, worth double the amount loaned thereon, such interest bearing bonds, notes and bonds secured by mortgages to be worth in the aggregate one hundred thousand dollars, ($100,000). Section 19. From and after the passage of this act, no life insurance corporation or company subject to the provisions of this act shall make any discrimination in favor of individuals of the same occupation and expectation of life, and such corporation or company shall not make any contract for insurance or agreement as to such contract, other than that which is available to each and every applicant for insurance, of the same occupation and expectation of life, to such corporation, company, or any agent thereof. No such corporation or company or agent thereof shall pay or allow or offer to pay or allow, as an inducement to any person to insure, any rebate of premium or any special favor or advantage whatever in the dividends to accrue thereon, either by way of services rendered or to be rendered by the applicant for insurance, as an advisor to the company or as a member of an advisory board or other similar board or body, or for service rendered, or to be rendered, of any kind or nature, or any other inducement whatever. Any person who shall so contract with such company or corporation or any agent thereof, or who shall receive any such favor or advantage, shall be deemed an agent or solicitor of insurance within the meaning of this act. A violation of the provisions of this section shall constitute a misdemeanor and, upon conviction, shall subject the party offending to the payment of a fine of not more than three hundred dollars or imprisonment in the county jail for a period not exceeding six months or both such fine and imprisonment, and, if it shall appear to the satisfaction of the insurance commissioner that any corporation is issuing policies or making contracts that are in violation of this section, he shall revoke the authority of such corporation to do business in this State. Any such insurance corporation or company, or the agents of such corporation or company, shail, upon demand, in writing by the insurance commissioner, furnish him with the form or forms, of all insurance policies, the form or forms of all contracts for insurance and the form or forms of any other paper, or papers, pertaining to any contract for insurance, or the maintenance of the same, issued, used, or intended or authorized to be issued or used by said corporation or company or by its agents or representatives in and about the business of life insurance carried on by said corporation or company, and upon a failure on the part of such corporation or company, or its agents or representatives, to comply with such demand within a period of fifteen days after service of the same, the insurance commissioner shall revoke the authority of such corporation or company, to do business in this State. Service of such demand upon an agent of said corporation or company within this State or a deposit of the same in the postoffice registered, and addressed to the home, or reputed home office of such corporation or company, shall be sufficient service thereof. SEC. 2. All acts and parts of acts in conflict herewith are hereby repealed. SEC. 3. An emergency existing therefor this act shall be in force from and after its passage and approval. Approved on the 7th day of March, 1905. HOUSE BILL NO. 234. AN ACT TO PROVIDE FOR THE APPOINTMENT OF A FISH AND GAME WARDEN AND DEPUTY WARDENS; DEFINING THEIR DUTIES AND FIXING THEIR SALARIES; PROVIDING A SYSTEM OF LICENSES FOR FISHING AND HUNTING AND DEFINING THE DUTIES OF CERTAIN OFFICERS IN RELATION THERETO; ALSO TO ESTABLISH OFFICE OF THE STATE FISH AND GAME WARDEN AT BOISE CITY, IDAHO. AND TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF FISH AND GAME; FOR THE PROTECTION OF THE FORESTS FROM FIRES AND OTHERWISE PRESERVING FISH AND GAME FROM DESTRUCTION, AND PROVIDING THE PENALTY FOR THE VIOLATION OF THIS ACT, TO REPEAL THE LAW PROVIDING FOR PRIVATE GAME AND FISH Be It Enacted by the Legislature of the State of Idaho: SECTION 1. The Governor shall appoint a suitable person to serve as State fish and game warden, whose duty it shall be to protect the fish and game of this State, and to enforce the laws relating thereto. The State fish and game warden shall hold his office for a term of two years or until his successor is appointed and qualified. Before entering upon the duties of his office the State fish and game warden shall execute a bond to the State of Idaho in the penal sum of five thousand dollars ($5,000) conditioned for faithful performance of his duties, and his bond shall be approved by the Governor. The Governor shall have power at any time to remove the State fish and game warden, at pleasure, for misconduct or neglect of his duties, and the Governor shall be the exclusive judge of misconduct or neglect of duties and shall upon removal appoint a successor. The State game warden is hereby authorized to arrest without warrant, any person or persons found violating any of the provisions of the fish and game laws, when detected in the act, or found with fish or game in their possession, at the time of their arrest. The State fish and game warden shall be an active executive officer, and shall at all times take the field in person in performance of his duties when possible. And shall personally supervise the protection of all game and fish protected under this act and be energetic in the detection and punishment of violators of the game and fish laws, and shall make quarterly report to the Governor of the State of his doings under this act, beginning with the first day of April and shall keep the Governor informed of his whereabouts. SEC. 2. The State fish and game warden shall have the power to appoint such deputies as are necessary, in the various counties of this State to properly enforce the laws; and he is hereby authorized and directed to appoint one or more deputies, as the emergency may demand, in any county of this State, wherever he shall receive from such county a petition signed by ten or more resident taxpayers, ask ing for the appointment of such deputy game warden. Such deputy game wardens shall execute a bond to the State of Idaho in the penal sum of five hundred dollars, ($500) conditioned for the faithful performance of their duties, and they shall have the same power to make arrests as the State fish and game warden. Their commissions may be revoked at any time by the State fish and game warden. The State fish and game warden shall file with the Governor a list of all deputy game wardens appointed by him. He shall have further power to appoint one clerk, who shall have charge of the office and perform the clerical duties thereof. Such clerk shall execute a bond to the State of Idaho in the penal sum of three thousand dollars ($3,000) conditioned for the faithful performance of his duties. SEC. 3. It shall be unlawful for any person or persons to wantonly waste or destroy the fish or game of this State or to take, kill, capture or destroy any of the game animals or birds in excess of the number hereinafter provided, at any time of the year. Any person, association or corporation may establish, maintain or own a private park, lake or stream for fish or game or both, on premises owned by him or it respectively, and to that end may employ means to preserve and propagate such fish and game, and it shall be a misdemeanor to trespass thereon: Provided, That no private park shall be established under the provisions of this act so as to contain any lands or water where wild game or food fishes naturally abound, and shall not be construed so as to permit any person or persons to barter or sell at any time of the year any fish not the original product of the water contained in said park. And it shall be a misdemeanor to take the fish or spawn from any of the lakes or streams of the State and place them in private ponds or parks at any time of the year and it shall also be a misdemeanor for any person or persons to sell or offer for sale any fish not propagated or grown in a private park or pond. SEC. 4. It shall be unlawful for any person or persons to catch or kill any species of fish except salmon, sturgeon, carp, mullet, sucker, white fish, Bear Lake trout, or charr, in any of the streams, rivers, lakes, reservoirs or waters, with any seine, net or spear, weir, fence, basket trap, gill net or any other contrivance: Provided, however, That it shall be lawful to catch trout, grayling, bass and sun fish with the hook and line attached to a pole or held in the hand, at any time of the year. And it shall be unlawful for any person or persons to sell or offer for sale any species of fish protected by this act, at any time of the year. It shall be unlawful for any person to catch more than twenty pounds of trout, bass, catfish, grayling or sunfish in any one day, or to have in their possession more than thirty pounds at any time. It shall be unlawful to kill or destroy or have in possession for any purpose, at any time of the year, any trout or black bass, less than four inches in length, and the possession of any such fish shall be a misdemeanor. It is unlawful for any person or persons to stretch a line or lines in or across any of the waters of this State and attach thereto hooks commonly known as "snag hooks." The intention hereby being to prohibit what is known as "snag hook fishing." SEC. 6. It shall be unlawful for the owner or owners of any saw mill, reduction works, smelters, refining or concentration works, or any of the employes thereof, or any other person or persons, whomsoever, to deposit, throw or in any way permit to pass into any natural stream or lake any sawdust, chemicals, or other substances that will or may tend to the destruction or driving away from such waters, any fish, or kill any fish by the use of poison or deleterious drugs or by the use of any explosive substance, or to explode or to cause to be exploded, any powder, hercules powder, dynamite, nitro-glycerine, lime gas, or other explosive substances, for the purpose of catching, killing or destroying any kind of fish: Provided, That if it shall become necessary for any person or persons to use any of said explosives for the purpose of internal improvement in any of the streams or lakes of this State, such person or persons before using such explosives must procure permission from the county commissioners, or the State fish and game warden or the deputy warden of the county in which such explosives are to be used: Provided, further, That nothing in this act contained, shall prevent the owner or owners of any quartz mill or reduction works in this State, now or hereafter to be located upon any natural stream or lake, from operating said quartz mill or reduction works where the said owner or owners thereof shall build or |