yet not public highways may be included in said system. Insofar as practicable this system of highways shall coincide with the highways as designated upon the "five-year plan" submitted to and now approved by federal government and highway commission, and with roads on prospective highway systems, but the Highway Commission shall have power to, in its discretion, select roads other than those on the said "five-year plan" or county highway systems if it shall deem that the public interest demands a change in routes along the whole or part of the distances between any two points and may remove from that system of highways designated upon the "five-year plan" or the County Highway Systems and duplicating roads. The State Trunk Highway Systems shall be laid out exclusive of every street and road in a place having a population of twenty-five hundred or more by the last State census except that portion of any street or road along which houses average more than two hundred feet apart.

Section 54. All moneys heretofore allotted or to be hereafter allotted to the State of South Dakota from the Federal Government as Federal Aid for roads, and all moneys levied and collected by the State of South Dakota by general State taxation for highway purposes, or received from the sale of bonds, or appropriated for highway purposes, shall be expended only in the laying out, marking construction or reconstruction of public highways forming the Trunk Highway System except such sums as are required for the maintenance of the Highway Commission as hereinbefore provided, provided, however, that after the portion of the trunk highway system in any county has been constructed, any further available State or Federal Aid funds allotted to such county may be expended upon the County Highway System in such county.

The State Highway Commission shall arrange, so far as practical, to distribute and use the State and Federal Aid highways funds in the several counties of the State in such manner that each county shall receive an amount equal to at least 75 per cent of the funds in the State highway funds on March 14, 1919, and the funds received into the State highway fund from appropriations, sale of bonds and Federal Aid, and in order to proceed with highway construction in a practical manner, the Highway Commission shall make an estimated allotment to the several counties of the State of the funds made available by appropriations, authorized bond issues and South Dakota's share of Federal Aid based on the assessed valuation of the respective counties as fixed and equalized by the Tax Commission for 1919. Any further appropriation or authorized bond issue to be allotted on basis of assessed valuation for the year preceding the legislative session authorizing such appropriation or bond issue. Such allotment or apportionment shall not be construed to mean that each ccounty's allotment shall become a separate fund, but shall be used as a guide to indicate the amount of funds to be used in each county and may be taken out of either State or Federal Aid funds, or both, in the discretion of the Highway Commission.

The remaining twenty-five per cent of such funds shall be at the disposal of the State Highway Commission after deducting the necessary expenses of the maintenance of the Commission as hereinbefore provided.

Section 56. Each county shall acquire and pay for any lands or right-of-way necessary to be obtained in order to properly locate or widen the right of way of any section of the trunk highway to be improved. The county shall take title to such lands. In case the Board of County Commissioners refuse or neglect to secure the right-of-way for trunk highways, the State Highway Commission shall have the right to

secure right-of-way by such methods as are prescribed for Boards of County Commissioners.

Section 58. The Highway Commission may arrange to have the work done by day labor, or by convict labor, or by arrangement with the Board of County Commissioners, and may use the county forces and machinery, and the cost of the labor, materials, small tools, and rental of equipment required to properly perform the work shall be paid by the State Treasurer upon payrolls and vouchers or on estimates approved by the Highway Engineer. Boards of County Commissioners are authorized to bid for the county upon work in their respective counties or.may enter into contract with the State, without submitting competitive bids at advertised lettings.

The State Highway Commission is authorized to purchase machinery, equipment, surplus war materials and may arrange with municipalities or contractors to use any machinery so obtained by the Highway Commission according to such rules, terms and regulations as may be adopted by the Highway Commission. Money received from rental or sale of machinery or other surplus war materials or for freight or other charges shall be deposited with the State Treasurer and credited to the State Highway funds.

Section 64. The State Treasurer shall make out and deliver on the first of each month to the Highway Commission, a statement of all funds for highway purposes paid into the State Treasury.

The Highway Commission shall keep a detailed set of books and accounts, showing the expenditures by it and coming under its charge and supervision, and the amounts available for construction and maintenance work in each of the several counties.

Any moneys heretofore received or to be hereafter received by the State Treasurer from the levy of one-tenth of one mill for Highway purposes not previously appropriated for the use of the Highway Commission, are hereby appropriated for the use of the Highway Commission and shall be placed in the State Highway Fund and be used for the maintenance of the Highway Commission, or for other purposes provided in this Act. Provided, that such funds not collected within two years of the date due may be converted into the general fund.

Section 68. That Section 8664 of the Revised Code of 1919, as amended by Section 68 of Chapter 333 of the Session Laws of 1919, be and the same is hereby amended to read as follows:

Section 8664. The County Motor Vehicle Fund shall be used by the Board of County Commissioners for planing, dragging and maintaining of State Trunk Highways and county highways outside the limits of cities and towns, and also for dragging graded secondary roads. Proper equipment for dragging and maintaining graded highways, such as drags, maintainers, planers and small tractors may be purchased from the said County Motor Vehicle Fund, but not to exceed 25 per cent of said funds collected for such year shall be used for the purchase of machinery. Other road machinery shall be paid for out of the county and road fund. Provided, however, that any part of such Motor Vehicle Funds not expended by any county for such purposes during the year for which such funds are collected shall be forfeited for use by said county and shall be forwarded to the State Treasurer and placed in the State Highway Fund. Such transfer shall be made previous to March 1st of each subsequent year unless an agreement has been entered into previous to said date between the county and State Highway Commission for the use of said funds in the construction and improvement of trunk highways in such county.

Section 2. Whereas, this Act is necessary for the support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall take effect on and after its passage and approval.

Approved July 3, 1920.

State Penitentiary

CHAPTER 90.

(S. B. 57.)

RELATING TO EMPLOYMENT OF CONVICTS.

AN ACT Entitled, An Act to Amend Section 5454 of the South Dakota Revised Code of 1919, Relating to the Employment of Convicts Outside the Penitentiary, and Declaring an Emergency.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 5454 of the South Dakota Revised Code of 1919, is hereby amended to read as follows:

Section 5454. Outside Employment of Convicts.] If the warden shall at any time deem it for the interest of the State, he may employ the convicts outside the penitentiary yard in quarrying or getting stone from and cultivating the penitentiary farm, or in doing any work necessary to be done in the prosecution of the regular business of the institution; and in all such cases the warden shall detail such force from the penitentiary police as he shall deem necessary to watch and guard them; and in case any convict employed outside the penitentiary yard shall escape, he shall be deemed to have escaped from the penitentiary proper; provided, however, that the warden shall be held responsible for the escape of any prisoners through the carelessness or neglect of himself or any of his subordinates. Provided, further, that, upon the written recommendation of the Board of Charities and Corrections endorsed by the warden, the Governor may make an order in writing authorizing the employment, upon any work in which the State of South Dakota is engaged, or has an interest, at any place within the State, of one or more designated convicts whose record and conduct, in the opinion of the warden and of the Board, has been such as to warrant the belief that they can with safety be thus employed. The Governor and the Board of Charities and Corrections shall make such provisions for the guarding, control and maintenance of such convicts as may in their judgment be necessary or advisable. Any officer or person to whose care or custody any convict shall be committed under an order such as is hereinbefore provided for, shall make regular reports to the warden, at such times as the Board may require, as to the condition of health, the conduct and the general welfare of such convict and shall promptly return any such convict to the custody of the warden when ordered so to do.

Section 2. Emergency.] Whereas, this Act is necessary for the immediate support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage and approval.

Approved July 3, 1920.

Unorganized Counties.

CHAPTER 91.

(H. B. 39.)

COMPLETING THE ATTACHING OF WASHINGTON COUNTY TO
PENNINGTON COUNTY.

AN ACT Entitled, An Act to Carry into Effect the Provisions of Chapter 354, Laws of 1919, and to Consummate the Severance of the Unorganized County of Washington from the County of Custer and Its Attachment to the County of Pennington; Providing for the Transfer and Transcripting of the Records Pertaining to Said Washington County, and Declaring an Emergency.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. All claims of Custer County against the unorganized County of Washington having been paid in full to Custer County, including all taxes levied by the said Custer County in the purchase of books and supplies and the expenses of providing facilities for conducting and transacting the business of said Washington County, and all the requirements of Section 2 of Chapter 354, Laws of 1919, having heretofore been complied with, therefore the provisions of the last mentioned Chapter are hereby declared to be in full force and effect from and after the passage and approval of this Act; and the unorganized county of Washington is and shall henceforth be attached to the County of Pennington for all the purposes enumerated in said Chapter 354, Laws of 1919.

Said

Section 2. Immediately after the passage and approval of this Act the County Commissioners of said Pennington County shall proceed to procure from the records in the county offices of Custer County all the books, records and files of the said several offices which relate exclusively to the affairs of the unorganized County of Washington and all such books, records and files pertaining to the affairs of Washington County as can be removed from Custer County without interfering with the administration of the affairs of the last mentioned county. transfer shall be affected as nearly as possible in the manner provided by Sections 5773, 5774 and 5775 of the Revised Code of 1919 pertaining to the transfer of such records in case of the division of the county. If any such books, records and files cannot properly be removed from the said Custer County, then the County Commissioners of Pennington County shall forthwith proceed to procure certified transcripts of such records as pertain to the affairs of Washington County. Such transcripts shall be made and certified as nearly as possible in the manner provided by Sections 5781 to 5785 inclusive, of the Revised Code of 1919. If said County Commissioners shall fail or neglect to arrange for such transfer and transcripting of records within thirty (30) days from the date of the passage and approval of this Act, it shall thereupon become the duty of the State Tax Commission to assume entire charge and direction of said matter and the Commission shall be authorized in that case to take any necessary steps and any such expense as shall in its judgment be deemed advisable for the purpose of completing the transfer and transcription of said records.

Section 3. The expense of transfer and transcripting the records pertaining to said Washington County as herein provided for shall be a

charge against said Washington County and the County Commissioners of Pennington County or the State Tax Commission, as the case may be, are hereby authorized to levy the necessary tax upon property of the said County of Washington for the purpose of paying for the transcripting and transfer of said records.

Section 4. The books, records and files transferred as hereinbefore provided shall include the 1919 assessors' books, listing blanks and schedules, and upon receipt of said books and blanks the 1919 taxes within and for Washington County shall be promptly extended; provided, that no penalty or interest shall be charged to the taxpayers of Washington County by reason of their failure to pay the taxes for the year 1919, which taxes have never been extended. Interest and penalty upon said 1919 taxes for Washington County shall become due and payable on and after the first day of November, 1920.

Section 5. Immediately upon the completion of the transfer or transcription of the records of said Washington County as hereinbefore provided, the Board of County Commissioners of Pennington County shall file a certificate to that effect with the County Auditor of said Pennington County as nearly as possible in conformity with the provisions of Section 5784 of the Revised Code of 1919, and shall cause to be filed a duplicate of such certificate with the County Auditor of Custer County, and until such certificates have been filed, any and all instruments or matters of record filed or recorded in the County of Custer and pertaining to property rights or interests in the unorganized County of Washington shall be deemed constructive notice to all purchasers or encumbrancers of the same.

Section 6. Whereas, this Act is necessary for the support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage and approval.

Approved July 3, 1920.

Vital Statistics

CHAPTER 92.

(H. B. 3.)

TRANSFERRING VITAL STATISTICS TO STATE BOARD OF HEALTH.

AN ACT Entitled, An Act to Provide for the Collection, Recording and Preservation of Vital Statistics Under the Supervision and Direction of the State Board of Health, and Prescribing the Powers and Duties of Said Board, and Amending Sections 9898, 9905, 9906, 9908 and 9909 of the South Dakota Revised Code of 1919, and Providing for the Use of the Records in the Office of the Director of Vital Statistics as Evidence in All Courts of This State, and Declaring an Emergency.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. The State Board of Health shall have general charge and supervision of the registration of births and deaths, marriages, divorces and naturalizations, and may make and enforce any rules and regulations necessary for the carrying out of such registration, not incon