Committee Substitute By Redwine of the Senate for Senate Bill No. 43. and Durant of the House. AN ACT Providing for the Creation and Management of the Public Building Fund and repealing Sections 1, 2 and 3, of Article 3 of the Session Laws of 1909; the same being an Act to Provide for the Issuance of Patents upon the sale of certain public lands, for the Taking Mortgages to secure deferred payments and utilize the proceeds thereof, and make an Appropriation to carry this Act into effect: and declaring an emergency. Be it Enacted by the People of the State of Oklahoma: Section 1. All moneys heretofore or hereafter received from the sale or rentals of Section 33 and lands granted in lieu thereof, the same being lands granted to the State of Oklahoma for charitable and penal institutions and public buildings, shall constitute and be known as the "Public Building Fund." Section 2. Warrants shall be issued against the Public Building Fund in denominations of $500.00 each and in series of $75,000.00 each. They shall bear interest at the rate of five (5) per cent. per annum, payable semi-annually, on the first day of May and November of each year; each series shall be consecutively numbered, beginning with number one (1), and each warrant belonging to each series shall be likewise consecutively numbered from one (1) to one hundred and fifty (150) inclusive. Attached to each warrant shall be coupons numbered consecutively with series and number of the warrant to which is attached for the payment of the interest as provided for in this Act, at the office of the State Treasurer or at the Financial Agency of this State in New York City. The State Auditor shall, on or before the the first day of April, 1910 issue Public Building warrants made payable to bearer and place in the hands of the State Treasurer for sale under the provisions of this Act such warrants to the amount of Seven Hundred and Fifty Thousand Dollars (750,000.00); the form of said warrants shall be prescribed by the State Auditor in compliance with the provisions of this Act. The aggregate amount of the warrants authorized by this Act shall not exceed the sum of Two Million Twenty-five Thousand Dollars ($2,025,000.00.) Series No. 1 shall mature on May 1st, 1912. Series No. 27 shall mature on May 1st, 1938. Section 3. As soon as said warrants shall have been delivered to the State Treasurer he shall receive sealed bids for the purchase of said warrants or any part there of, which bids shall be opened publicly at his office on the 25th day of April, 1910. The Treasurer shall give notice of such sale by advertisement for ten days beginning not less than thirty (30) days before the day of said sale, in at least two daily newspapers published in this State and in at least one newspaper published in each of the cities of St. Louis, Chicago, and New York, or in lieu thereof, some financial Journal published in any or each of the aforesaid cities. But no warrant shall be sold for less than par and accrued interest. All sales of warrants made by the Treasurer under the provisions of this Act shall be for delivery on the first day of May or of November, next thereafter. He shall sell at par to the officers of the State, or any municipality thereof, having charge of any sinking fund, who may make application for the purchase of warrants for the purpose of investing said sinking funds therein. All other sales shall be to the highest bidder. Section 4. Any bidder may offer to purchase any series or any part of any series offered for sale under the provisions of this Act and shall accompany his bid by a deposit in cash or certified check of some responsible banking institution for two per cent of the amount bid, which deposit so made shall, if any bid be rejected or if any bid he accepted, and the bidder carry out the terms of purchase, according to the terms of bids, be returned to said bidder, otherwise, to be forfeited to the State. Section 5. The proceeds of the sale of warrants authorized by this Act shall be paid into the State Treasurer and used for the payment of the construction of charitable and penal institutions and public buildings as provided in this Act. All claims for the construction of such institutions and buildings shall be approved as provided by law. and paid by the State Treasurer out of the proceeds of public building warrants upon warrants issued by the State Auditor. Section 6. On or before the first day of September and of March of each year, a Board composed of the Governor, Auditor and Treasurer, shall make an estimate of the amount necessary to pay for the construction of such charitable and penal institutions and public buildings authorized by the Legislature, out of the Public Buildiug Fund, and shall certify same to the State Auditor; the State Auditor shall thereupon, issue Public Building Warrants and deliver same to the State Treasurer in the amount sufficient to cover said estimate, which shall be sold on some day fixed by said Board and after like advertisement as required by section 3. Section 7. Any bank, trust or insurance company, organized under the laws of this State, may invest its capital and surplus in warrants issued under the provisions of this Act. The officers having charge of any sinking fund of the State or of the County, City, Town, Township or School District thereof, may invest the sinking fund of the State or of such County, Town, Township or School District in warrants issued under the provisions of this Act, maturing prior to the date due of the bonded indebtedness for the payment of which any such sinking fund is created. Said warrants shall also be approved collateral as security for the deposit of any public funds and for the investment of trust funds. Said warrants shall be non-taxable for any purpose. Section 8. Said warrants shall be signed by the State Auditor with the seal of his office affixed and shall have interest coupons thereto attached executed with facsimile signature of the Auditor. Said warrants shall be regis tered by the State Treasurer with appropriate endorsement thereon, showing such registration. Section 9. All warrants and interest thereon when issued as provided for in this Act, shall become payable out of the Public Building Fund arising from the sale or rental of section 33, and lands granted to the State in lieu thereof until all of said warrants and interest thereon are fully paid. All warrants shall be paid in the order in which they are issued. Provided, that nothing in this Act shall be so construed as to in any manner hold the State of Oklahoma liable for the payment of any of the public building warrants herein authorized or the interest (Continued on page 319.) CURRENT DECISIONS OF THE CRIMINAL COURT OF APPEALS OF OKLAHOMA. CHARLES THACKER, Plaintiff in error, VS. Case No. A-75. STATE OF OKLAHOMA, Defendant in error. (Filed Feb. 7th, 1910.) Affirmed. 1. Remarks of the prosecuting attorney in his argument before the jury, objected to as improper, will be considered and construed in reference to the evidence and in order to constitute reversible error the impropriety indulged in must have been such as may have influenced the verdict. 2. As a matter of good practice when improper argument is indulged in by the prosecuting attorney and an objection thereto is interposed in addition to the objection, the court should be requested to charge the jury to disregard such improper argument or statement. 3. A prosecuting attorney has the right in his argument before the jury to discuss all the facts bearing upon the issue within the scope of the evidence. (Syllabus by the court.) Statement of the Case. Plaintiff in error, Charles Thacker, was convicted in the County Court of Grady County of the crime of selling intoxicating liquors and sentenced to pay a fine of One Hundred and Fifty Dollars and costs; that he be confined at hard labor in the County Jail of Grady County, Oklahoma for a period of Thirty days. The judgment and sentence was entered on the 15th day of October, 1908. From which judgment an appeal was taken by filing in this court on January 15th, 1909, a petition in error with case-made attached, and proof of service of notice that appellant appeals, upon the prosecuting attorney and Clerk of the County Court of said County. |