Section 10434. Deputy Wardens.] Such commission shall have authority to employ such deputies as they deem necessary to enforce the game and fish laws of the state, and to fix the compensation to be received by such deputies, which compensation shall not exceed Two Thousand Dollars per year, in addition to their necessary hotel and traveling expenses. Such commission may also employ an attorney to prosecute violators of the game and fish laws when deemed necessary. Whenever an emergency exists the state game warden may, in his discretion, appoint other deputy game wardens without compensation. All United States and state foresters shall be ex-officio deputy game wardens without compensation. All wardens serving without compensation shall have such powers as are granted to wardens receiving compensation from the state but they shall not be required to give bonds. All wardens who receive pay from the state shall be familiar with the game laws of the state, shall be of good moral character, shall be employed regardless of party affiliations, shall hold office during the pleasure of the commission, and shall, when so directed by the commission, aid and assist in the destruction of all predatory animals. Each deputy state game warden shall execute a bond to the state, in the penal sum of one thousand dollars, to be approved, recorded and filed as the official bonds of other state officers, conditioned for the faithful performance of his duties.

Approved March 1, 1921.

CHAPTER 247.

(S. B. 18.)

RELATING TO RESIDENT HUNTER'S LICENSE.

AN ACT Entitled, An Act to Amend Section 10463 of the South Dakota Revised Code of 1919, Relating to Resident Hunter's License.

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

Section 1. Section 10463. Resident Hunter's License.] Every resident of this state is prohibited from hunting, taking or killing any game bird unless he shall first have procured a license therefor as provided in this article. Every county treasurer shall, upon application, issue to each person, under his hand, upon blanks to be furnished by the state game warden, a license to hunt game birds within this state upon payment to him of a license fee of one dollar, which license shall expire on the thirtieth day of June following its issuance. Every such applicant shall prove to the satisfaction of the county treasurer that he is a bona fide resident of this state and shall state under oath his name, residence and postoffice address. Only one such license shall be issued to any person and it shall not be transferable, and it shall be the duty of such licensees to exhibit the same to any person upon request. All licenses shall describe the licensee and designate his place of residence; provided, that any person may hunt upon his own land without a license during the open season; provided, further, that nothing in this article shall be construed to prevent any resident of this state from personally carrying with him as baggage, on any train or conveyance, any game birds or fish which may be legally in his possession, and any common carrier shall be permitted to carry such game birds or fish, as baggage,

when the same is acompanied and carried on the same train or conveyance by the person who is legally in possession of the same; and provided, further, that nothing contained in this chapter shall be construed to permit employees of any common carrier to carry any such game birds or fish, or parts thereof, with them, whether as baggage or otherwise, while engaged in the performance of the duties of their employment and they are specifically prohibited from so doing. It is further provided that no person shall be entitled to a resident hunter's license unless he shall have lived in the state at least six months preceding the time of making application for such license, and shall be over the age of fifteen years unless the license shall be applied for by the parent or guardian of a child under said age.

In lieu of the resident hunter's license hereinbefore provided for, the state game warden may, in his discretion, issue to residents of this state a special small game hunter's license, upon the payment of a license fee of three dollars ($3.00), which special license shall entitle the holder thereof to all the privileges mentioned in the foregoing paragraph and in addition thereto shall entitle the holder of said special license to ship anywhere within the state not to exceed fifty (50) birds to an address or addresses to be specified in said license. Such special license may be issued upon application to be made to the state game warden in such form as the warden may prescribe, and said license may have attached thereto a limited number of certificates or coupons, each of which shall entitle the owner of said license to ship a designated number of birds, as aforesaid, and said coupons attached to such shipment shall be sufficient to authorize any common carrier to receive and transport game in accordance with its terms.

Approved March 11, 1921.

CHAPTER 248.

(H. B. 93.)

ESTABLISHING THE THEODORE ROOSEVELT GAME REFUGE.

AN ACT Entitled, An Act to Create and Establish the Theodore Roosevelt Game Reguge and to Regulate and Prohibit the Hunting or Killing of Game Therein and to Provide Certain Penalties.

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

Section 1. For the better protection of birds and animals and the establishment of breeding places therefor, the following area within the State of South Dakota is hereby set aside, designated and established as a State Game Refuge: All that portion of the State of South Dakota embraced within the folowing described boundary, which area shall constitute and be known as The Theodore Roosevelt Game Refuge:

Beginning at a point on the north boundary of the Black Hills National Forest at the northwest corner of Section Nineteen (19), Township Six (6) North, Range One (1) East, Black Hills Principal Meridian and base; thence east along the National Forest Boundary to the northeast corner of Section twenty-four (24), Township six (6) North, Range one (1) East; thence south to the southeast corner of Section twentyfour (24), Township six (6) North, Range one (1) East; thence east to

the northeast corner of Section twenty-six (26), Township six (6) North, Range two (2) East; thence south to the southeast corner of Section thirty-five (35), Township Six (6) North, Range Two (2) East; thence east to the southeast corner of Section thirty-five (35), Township Six (6) North, Range Three (3) East; thence south to the southeast corner of Section Two (2), Township Five (5) North, Range Three (3) East; thence east to the intersection of the National Forest boundary with Whitewood Creek; thence southwesterly following Whitewood Creek to the junction of Whitewood Creek and Deadwood Creek; thence southwesterly following the highway from Deadwood to Trojan to the northeast corner of Section Thirty-six (36) Township Five (5) North, Range Two (2) East; thence westerly along the section line to the top of the canyon wall on Spearfish Creek; thence following a southerly and easterly direction along the crest of the east canyon wall to the Cheyenne Crossing; thence following a southerly and westerly direction along the crest of the south canyon wall to the intersection with the township line between Townships three (3) and four (4) North, Range two (2) East; thence west along the township line to the South Dakota-Wyoming State Line; thence north following the state line to the place of beginning.

Section 2. It shall be unlawful for any person or persons at any time to hunt, trap, kill, capture or pursue any birds or animals of any kind or description whatever, except as herein provided, within the limits of the Theodore Roosevelt Game Refuge; Provided, that the penalties of this act shall not apply to the killing, capture or destruction of any mountain lion, wolf, fox, coyote, lynx, or wildcat or any bird or animal not protected by the laws of the State of South Dakota; and provided, it shall be unlawful for any person to hunt, trap, kill, capture or pursue any of the above excepted animals or birds within said refuge without a permit from the State Game Warden.

Section 3. Upon application by any person, the State Game Warden may, in his discretion, upon the payment of Three Dollars ($3.00) to the State Game Department, grant a permit to such person to hunt, kill, trap, capture, or pursue any of the animals or birds excepted by the provisions of Section 2 hereof.

Section 4. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined the sum of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or shall be imprisoned in the county jail for a period of not less than Three (3) months or more than One (1) year; or both such fine and imprisonment in the discretion of the

court.

Approved February 21, 1921.

Guardians

CHAPTER 249.

(H. B. 124.)

RELATING TO SALE OF REAL ESTATE BY GUARDIANS.

AN ACT Entitled, An Act to Amend Section 3536 of the Revised Code of 1919, Relating to Notice Required in Proceedings for Sale of Real Estate by Guardians.

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

Section 1. That Section 3536 of the Revised Code of 1919 of the State of South Dakota, be amended to read as follows:

Section 3536. Notice Required.] A copy of the notice of application to sell must be personally served on the ward if fourteen years of age or over, except when adjudged insane or incompetent, and on the next of kin of the ward, resident in the state, and on all persons directed to be served by the court.

Approved February 9, 1921.

Highways

CHAPTER 250.

(H. B. 57.)

RELATING TO ACCESS TO HIGHWAYS IN CASE OF DRAINS OR ELEVATIONS. AN ACT Entitled, An Act Requiring State, County and Township Authorities to Provide Abutting Land Owners With Means of Access to the Public High

ways.

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

Section 1. In the construction, improvement and repair of any public highway by the state, or by any county or township, where the work of construction or repair shall be of such character as to leave a ditch or elevation along the roadside and thereby to deprive any abutting landowner of easy and convenient access from his land to such highway, it shall be the duty of the highway authorities to provide the owner of each abutting tract or farm as well as each church, school, park, playground or other public building or ground with one point of easy and convenient access to a public highway by constructing, at the public expense, such grades, approaches, bridges, culverts or other structures as may be necessary for that purpose; such approaches shall be built by the proper authorities constructing the highway in all cases where the building of such approach becomes necessary as a result of

highway construction: and such approaches shall be built by the county or township charged with the maintenance of such highways. In all other cases any such structure, culvert, bridge or approach so constructed shall thereafter be maintained and kept in repair by the highway authorities who are charged with the maintenance of such highway. Provided, that no such connecting structure or approach shall be constructed by the highway authorities upon private property nor beyond the right-of-way line.

It is hereby further provided that if such abutting landowner deems it necessary to have more than one farm entrance as herein referred to, such farm entrance may be constructed by said landowner at his expense by such methods of construction and size and quality of drainage structure as to give the proper and necessary drainage, and shall be approved of by the authorities having charge of the maintenance of such highway.

Approved March 1, 1921.

CHAPTER 251.

(H. B. 355)

RELATING TO ELECTRIC WIRES ACROSS.

AN ACT Entitled, An Act Regulating the Stringing of Telephone, Telegraph and Electric Wires Across Public Highways.

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

Section 1. It shall be unlawful for any person, firm, association or corporation owning or operating any telephone, telegraph or electric line, or any part of such line in this state to extend any telephone, telegraph or electric wire, any part of which shall be less than eighteen feet from the ground, over or across any public highway. No such person, firm, association or corporation shall be entitled to collect damages from any person who shall cut, break, remove or otherwise destroy any such telephone, telegraph or electric wire over or across a public highway if any part of the same is at any time less than eighteen feet from the ground; Provided, that nothing contained in this act shall be canstrued to exempt anyone owning or operating any telephone, telegraph or electric line in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction or maintenance of such telephone, telegraph or electric line. Any person, firm, association, or corporation owning operating any telephone, telegraph or electric line in this state who shall wilfully construct any telephone, telegraph or electric wire over or across any public highway in this state, any part of which shall be less than eighteen feet from the ground, shall upon conviction be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days.

Section 2. All acts, or parts of acts, in conflict with the provisions of this Act are hereby repealed.

Approved March 12, 1921.