Section 16. The possession of the dead bodies or any part thereof, or any of the birds or animals mentioned in this Act shall be prima facie evidence that such person or persons is or are guilty of killing the same.

Section 17. Any person or persons, agent or employees, of any stage or express company, or railroad company, or association of persons, who shall receive for transportation or carriage, or shall sell or offer for sale, fish or game that have been taken or killed contrary to the provisions of this Act, knowing or having reason to believe that such fish or game were so illegally caught, taken or killed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than One Hundred Dollars, or more than Three Hundred Dollars for each lot or shipment of fish or game so transported or carried, or be imprisoned in the county jail for not less than ninety days, or both in the discretion of the court.

Section 19. Every person who shall sell or offer for sale, any of the birds or animals or any part thereof mentioned in Sections 1, 2, 3, 4, 5 and 6 of this Act, is punishable by a fine of not less than Twenty-five Dollars or more than Two Hundred and Fifty Dollars, or by imprisonment in the county jail for not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

Section 20. It shall be the duty of all grand juries to investigate all infractions of any provisions of this Act, except such cases and violations as may have been tried by a court of competent jurisdiction, and upon due proof of violation of any of the said provisions, they shall proceed to indict such party or parties according to law, and it is hereby made the duty of the Judge of the District Court to call the attention of the Grand Jury to the provisions of this Act. The District Court shall have concurrent jurisdiction with the justices of the peace of all offenses committed under the provisions of this Act. And it is further provided that in construing this Act, the provisions and penalties hereinbefore made and prescribed shall be deemed and held to include all Indians and half breed Indians when outside the Indian Reservation. It is further provided and declared to be the duty of any sheriff, or peace-officer of any county of this State, and the county attorneys of the respective counties when it shall come to their knowledge, or they shall have reason to believe that any person has violated any of the Sections of this Act, to commence criminal proceedings against them either in the Justice or District Court, as in their judgment shall be proper, and any failure on the part of any county attorney, sheriff or other peace officer, or game warden, who

has knowledge of the violation of any of the provisions of this Act to commence such proceedings, shall be deemed a misdemeanor, and he shall be punished by a fine of not to exceed Five Hundred Dollars or by imprisonment in the county jail for not less than six months, or both such fine and imprisonment in the discretion of the court and shall forfeit his office.

Section 21. All fines and penalties mentioned in any Section of this Act may be collected by a civil action in the name of the State of Montana, in any court of competent jurisdiction, upon proper complaint being filed: one-half of the fine thus collected shall be paid to the game warden whose appointment is provided for in Section 3100 of the Political Code, if he be the informer, otherwise to the person furnishing the information of the violation of this Act; and one-half of said fine when collected, shall be paid to the State Treasurer for the benefit of the State Game Warden, as provided for in "An Act entitled An Act for the further preservation of fish and game in the State of Montana, an appointment of a Board of Game and Fish Commissioners." All such fines and cost shall be collected without stay of execution and such defendant or defendants may, by order of the court, be confined in the county jail of such county until such fine and costs are paid.

Section 22. Sections 1110 to 1144 inclusive of the Penal Code, and the whole thereof, are hereby repealed, and all Acts and parts of Acts in conflict herewith are hereby repealed.

Section 23. Whenever it shall appear under any prosecution under any Section of this Act making it a felony for the violation thereof, that the crime was committed, or that the game was killed, or the fish caught in violation of law in any other State other than Montana, it shall be the duty of the magistrate or the court before whom the trial was had to hold said defendant for at least ten days, and for such further time as may be necessary to allow the authorities of said State wherein the law has been violated to take the necessary steps to secure the arrest and extradition of the accused, if they so desire; and on the holding of the accused under the provisions of this Section, it shall be the duty of the county attorney, or attorney prosecuting to immediately notify the proper officers of the State and county in which appears the law has been violated, of all the facts and circumstances connected with said proceeding.

Section 24. When it is shown that any violation of the provisions of this Act was for the purpose of preventing great suffering by hunger, of

any person or persons, which could not otherwise been avoided, the provisions of this Act shall not apply to said case.

Section 25. None of the Sections of this Act shall apply to persons hunting or otherwise engaged in collecting specimens under the direction of, and in the interest of any State Educational Institution of the State of Montana.

Approved March 8th, 1897.

HOUSE JOINT MEMORIAL NO. 1.

To the Honorable-The Senate and House of Representatives, of the United States, in Congress Assembled:

Your Memorialists, the Legislative Assembly of the State of Montana, respectfully request and urge you to establish by law, as speedily as possible, a government banking system for the deposit and investment of the savings of the people, to be managed through the postal department or such other department of the Government, and under such regulations as may be deemed most advisable.

Approved February 19, 1897.

HOUSE JOINT MEMORIAL NO. 2.

To the Honorable-The Senate and House of Representatives, of the United States, in Congress Assembled:

Your Memorialists, the Legislative Assembly of the State of Montana respectfully represent that we believe there is a general desire upon the part of the legal voters of the State of Montana, that United States Senators should be elected by a direct vote of the people, and that the election of United States Senators by the Legislative Assembly under the present provisions of the constitution and laws of the United States retards and delays the business of the sessions seriously.

Therefore your memorialists respectfully request you to take such steps as may be necessary to secure such amendements to the Constitution and laws of the United States as will provide for the election of United States

Senators by a direct vote of the people; and we urge our Senators and Representatives in Congress to use their best endeavors to secure such amendments.

It is further resolved that the Secretary of State be and he is hereby instructed to furnish a copy of this Memorial to each of our Senators and Representatives in Congress

Approved February 19, 1897.

HOUSE JOINT MEMORIAL NO. 3.

To the Honorable-The Senate and House of Representatives, of the United States, in Congress Assembled:

Whereas, in the interest of good government; for the welfare of our people; in the cause of general reform, and on behalf of justice and equity, to us as a people and as a nation, collectively and individually.

Be it resolved we, your memorialists, the Legislative Assembly of the State of Montana, respectfully represent that we ask Congress to provide by proper legislation to place said Union Pacific Railroad System and its allied lines in the hands or control of the United States government.

It is further resolved that the Secretary of State is hereby instructed to furnish a copy of this Memorial to each of our Senators and Representatives in Congress.

Approved February 19, 1897.

HOUSE JOINT MEMORIAL NO. 4.

To the Honorable-The Senate and House of Representatives in Congress

Assembled:

Whereas, the present financial condition of thousands of able and energetic business men throughout the United States is deplorable in consequence of the financial condition of the country.

And, Whereas, there ought to be some measure of relief afforded these people, so that their energies can be devoted to recuperating their fortunes again, and incidentally aid with up building of the State.

And, Whereas, The Torry Bankruptcy bill is considered an equitable measure presenting a uniform system of bankruptcy for the people of the United States.

And, Whereas, The said bankruptcy bill has already passed the House of Representatives, and only awaits the action of the Senate to become a law.

Therefore, Be it resolved, that we, the Legislative Assembly of the State of Montana, memorialize the Senate of the United States respectfully requesting that body to promptly pass the Torry Bankruptcy Bill aforesaid.

Resolved, That the Secretary of State be, and is hereby instructed to furnish a copy this Memorial to our Senators and Representatives in Congress.

Approved March 2nd, 1897.

HOUSE JOINT RESOLUTION NO. 3.

House Joint Resolution Authorizing the Board of State Prison Commissioners to remove certain Building Material at the Eastern State Prison, at Billings, Montana, to the Western State Prison, at Deer Lodge, and making an appropriation therefor.

Be it Resolved by the Legislative Assembly of the State of Montana:

Section 1. That the Board of State Prison Commissioners of the State of Montana, are hereby authorized and directed to remove from the Eastern State Prison at Billings, Montana, any or all wood-work, doors, hardware, iron work and other personal property that are not in place, such as can be utilized in furnishing the new prison building at Deer Lodge, belonging to the State of Montana, to the Western State Prison at Deer Lodge, Montana, and use the same for the completion and construction of prison buildings at the Western State Prison at Deer Lodge, Montana.

Section 2. That the sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated to defray the expenses of removal and freight charges from Billings to Deer Lodge.

Approved March 4th, 1897.