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ment; he shall make or cause to be made tests of materials found within the various counties of the state suitable for road construction, and it is hereby made the duty of the chemical and engineering departments of the West Virginia university to make such tests whenever requested by the highway inspector to do so.

Sec. 6. It is hereby made the duty of the state board of agriculture, through their official force, to render all assistance possible without neglect to their own official duties.

Sec. 7. By and with the consent of the governor the said highway inspector may from time to time cause to be printed and distributed throughout the state, bulletins containing useful information concerning the construction and maintenance of public highways; such printing to be done by the state printer and at the expense of the state.

Sec. 8. It is hereby made the duty of all state, county, and district officers to render free of charge, any information which may be required by the state highway inspector in carrying out the duties imposed upon him by this act.

CHAPTER 61.

(House Bill No. 1.)

a

AN ACT to provide for the erection of a building and for the dis

play of the state of West Virginia at the Jamestown exposition of one thousand nine hundred and seven, and to make an appropriation for the expenses therefor.

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Be it enacted by the Legislature of West Virginia:

That the action of his excellency, Governor Wm. 11. 0. Dawson in appointing the Jamestown exposition commission is herein confirmed and the said parties, Stephen B. Elkins, A. B. Fleming, W. A. MacCorkle, G. W. Atkinson, A. B. White and F. M. Staunton are hereby constituted a commission to be known as the “ West Virginia Commission for the Jamestown Exposition," whose duties it shall be to carry out the provisions of this act in reference to the representation of the state of West Virginia at said exposition. And the acts of said commission in and about the organization of said exposition for the state of West Virginia are hereby confirmed and approved.

Sec. 1. The commission shall organize by the election from among themselves, of a president and treasurer, and shall at the same time appoint as secretary a person experienced and skilled in bookkeeping; said commission shall appoint such committees as they may deem expedient.

Sec. 2. The commission shall have power to make rules and bylaws for its government not inconsistent with the provisions of this act and not in conflict with the regulations adopted under the act of the commonwealth of Virginia for the government of the Jamestown exposition. Three members of the commission shall constitute a quorum for the transaction of business. Any member of the commission may at any time be removed for cause by the governor, and any vacancy in the membership of the commission resulting from death or resignation shall be filled by the governor.

Sec. 3. The treasurer shall give bond in the penalty of twenty thousand dollars, payable to the state of West Virginia, to be approved by the governor, and conditioned for the faithful performance of his duties and to account for and pay over all moneys that may come into his hands as such treasurer; the duties of the treasurer shall be prescribed by said commission and entered in their journal of proceedings.

Sec. 4. The said commission shall have charge of the interests of the state and its citizens in the preparation and exhibition at the Jamestown exposition of nineteen hundred and seven of the natural and industrial products of the state, and of the object illustrating its history, progress, moral and material welfare and future development, and in all other matters relating to the said Jamestown exposition. It shall communicate with the officers of, and obtain and disseminate throughout the state all necessary information regarding said exposition, and in general have and exercise full

authority in relation to the participation of the state of West Vir. ginia and its citizens in the Jamestown exposition of one thousand nine hundred and seven; said commission shall expend on the historical exhibit not less than seven thousand dollars nor more than eight thousand dollars, and shall expend on the coal exhibit not less than seven thousand dollars nor more than eight thousand dollars, and shall expend on the agricultural exhibit not less than seven thousand dollars nor more than eight thousand dollars, out of the sum herein appropriated.

Sec. 5. The said commission shall make a report of its proceedings and expenditures from time to time to the governor; and at any time upon his written request, to be by him transmitted to the legislature, together with such suggestions as he may deem important regarding provisions for a complete and creditable representation of the state at the Jamestown exposition of one thousand nine hundred and seven.

Sec. 6. Nothing in this act shall be so construed as to create any liability of the state of West Virginia, direct or indirect, for any debt or obligation incurred, nor for any claim for aid or pecuniary assistance from the state, in support or liquidation of any debts or obligations created by said commission in excess of the appropriation herein made therefor; and all salaries and expenses of said commission, and of its members and appointees, herein authorized shall be paid out of the money hereby appropriated.

Sec. 7. No member of said commission, whether an officer or otherwise, shall be personally liable for any debt or obligation which may be created or incurred by said commission.

Sec. 8. The said commission shall itself, or by its president, cause a suitable building to be erected on the site selected by the West Virginia commission for the Jamestown exposition, but the contract for said building shall not exceed the sum of $20,000, which said building shall be disposed of at the close of the exposition to the best advantage by said commission. The proceeds arising out of any sale of said building shall be paid into the treasury of the state of West Virginia, by said commission, unless the same is needed to discharge any deficiency which may occur in the appropriation made by this act. All permanent exhibits of an historical nature, that should be preserved, in the opinion of the commission, shall be returned to the state of West Virginia.

The members of the commission appointed under this act shall be entitled to their actual expenses in and about their work connected with their duties as commissioners, and said commission shall have the authority to pay the secretary and other agents which may be necessarily employed by them, whatever sum in their opinion may be necessary for the services so rendered..

To carry out the provisions of this act the sum of fifty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, to be paid out of the treasury from time to time on the requisition of said commission, signed by its president and secretary, and approved by the governor and accompanied by estimates of the expenses to the payment of which the money so drawn is to be applied.

CHAPTER 62.

(Senate Bill No. 76.)

AN ACT to amend and re-enact chapter fifty of the acts of the legis

lature of nineteen hundred and five, limiting the power of municipal corporations to impose taxes.

(Passed February 15, 1907. In effect ninety days from passage.

Governor, February 21, 1907.)

Approved by the

SEC. 1.

SEC.

Duties of council of incorporated

city, etc., to estimate necessary
levy for current fiscal year ;
notice by publication : when
council to reconvene; objections
as to proposed levy; from whom
received; power of council as
to corrections ; maximum

amount; question of additional levy to be submitted to voters ; limit of additional levy in certain cases only; when discontinued ; unlawful to contract debt in excess of levy, etc., penalty for violation.

Be it enacted by the Legislature of West Virginia:

That chapter fifty of the acts of the legislature of nineteen hundred and five, entitled “An act limiting the power of municipal corporations to impose taxes,'' be and the same is hereby amended and re-enacted so as to read as follows:

Sec. 1. The council of each city, town or village in this state shall at a session thereof held for the purpose on the first Tuesday in July of each year, proceed to make up an estimate of the amount necessary to be levied for the current fiscal year to cover all debts and liabilities payable during such year, after deducting the amount in the treasury applicable to the service of the year, and such other claims for collection, of which during the year may, in the opinion of such council be relied on; which estimate shall set forth the several heads of expenditures, with the amount estimated as necessary under each head. The said council shall thereupon cause to be published in at least two newspapers of opposite politics in said county, if there be such, and if there be none then in some newspaper of general circulation, for at least three weeks, said estimates of expenditures proposed to be levied for; said council shall on the first Tuesday after the last of such publications has been made, reconvenne, at which time it shall be the duty of said council to hear and consider any objections raised by any municipal officer, state tax commissioner or any tax payer of said municipality to said proposed levy, or any item thereof, and it shall be the further duty of said council to enter an order of record showing the objections of any municipal officer or any tax payer of such municipality to the proposed levy, setting forth the reasons and grounds of said objections, and after said objections have been made and heard, the said council shall thereupon reconsider the proposed original estimates, and if the objections to the same, or any part thereof, appear to be well taken, the council shall correct the same accordingly, and it shall thereupon be approved, and when approved shall with the order approving it. be entered of record by the clerk of such municipality in the proper book; the said council shall thereupon levy so many cents on every one hundred dollars of the valuation of the property taxable in such municipality as will cover the estimated amount necessary to be raised for municipal purposes as aforesaid approved, during the fiscal year. But notwithstanding the provisions of chapter forty-seven of the code of West Virginia, or of any act of the legislature, special or general, incorporating any city, town or village, or amending the charter thereof, no council of any city, town or village, shall in any one year assess or levy taxes upon property, real or personal, at more than forty cents on the one hundred dollars valuation of taxable property in such city, town or village, according to the last assessment thereof, as ascertained and reported under the provisions of section thirtyeight, chapter twenty-nine of the code, as amended and re-enacted by chapter thirty-five of the acts of the legislature of nineteen hundred and five; provided, that the council of any city, town or village believing that the maximum amount of revenues herein provided will not be sufficient for any one year, may submit the question of an additional levy to the voters of such city, town or village,

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