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executive offices, and the supreme court; for salary and expenses of the pardon attorney; for salary and contingent expenses of the game and fish warden; for salaries of the state house and annex employees; for the expenses of the militia under chapter 61 of the acts of 1897, as amended by the acts of 1905, and salary of the keeper of the armory; for salary of state historian and archivist and expenses; for salaries of law clerks, criers and messengers of the supreme court; for printing and binding supreme court reports; for expenses of the tax commissioner's office; for refunding over-paid taxes and erroneous assesments; for refunding to counties, districts and municipal corporations taxes for county, district and municipal purposes upon lands redeemed at the auditor's office; and also taxes assessed against railroads and other companies for county, district and municipal purposes. And there are hereby appropriated out of the fiscal year ending the thirtieth day of September, nineteen hundred and nine, sums sufficient to make the payments authorized by this section.

Sec. 8. The auditor is hereby authorized to make the necessary entries upon books of his office disposing of the arrears of taxes, licenses and fines due from sheriffs, for the year eighteen hundred and sixty-one, to and including the year nineteen hundred, and to allow such compensation as he may think reasonable to the state agents for collection thereof; such compensation to be paid out of the moneys so collected, upon the approval of the attorney general.

Sec. 9. The auditor shall cause the accounts, including receipts and disbursements and all books, vouchers, checks, accounts and papers of all the boards in control of any or all the public institutions, and objects for which appropriations are made in this act, to be audited and examined at least once a year, or oftener if deemed necessary, by himself or some one or more of the clerical force in his office having the experience as a bookkeeper and accountant, for the purpose of ascertaining whether all the money paid out or disbursd, under the authority of such boards of control, has been paid out of and disbursed for legitimate and proper purposes and for what it is appropriated.

And it shall be the duty of every treasurer, secretary, superintendent, clerk, bookkeeper or other officer having control of any of the books, receipts, vouchers, checks, accounts and papers, relating to the receipts and disbursements of any of said moneys or of other money's received by such institutions, to exhibit and furnish the

same to the auditor, or any clerk authorized by him, upon proper demand for such auditing, checking and examination; and the auditor shall include in his biennial report to the governor and legislature such facts that are found to exist in relation to such examination and auditing of said books and accounts as may be proper to be known by the governor or the legislature, and the sum of five hundred dollars for each of the years nineteen hundred and seven and nineteen hundred and eight to pay the traveling expenses of the auditor and clerks in making the examination, is hereby appropriated.

Sec. 10. The superintendents of the several institutions of the state shall furnish to the board of directors or agents of the respective institutions, itemized accounts of all the money paid out on account of appropriations for contingent expenses and repairs, and when audited and allowed, the directors or regents, respectively, shall include such itemized accounts in their reports as are directed by law to be made. Every warrant or requisition upon the auditor for any part of the moneys herein or hereby appropriated for the university, the hospital for the insane, the schools for the deaf and blind, and the reform schools, and other institutions shall be accompanied by a statement of the treasurer, or other financial officer of such institution, showing how much money is in their hands to the credit of such institution on the day such draft or requisition is forwarded for payment; and the disbursing officers of the various contingent funds are hereby required to furnish the succeeding legislature an itemized account of the distribution of said funds.

Sec. 11. All boards of regents, boards of directors, or other boards or officers, authorized by this act to issue orders or requisitions upon the auditor for the payment of money out of the state treasury shall, before any such money is paid out of the state treasury, certify to the auditor that the money for which such order or requisition is made is needed for present use, for the purpose for which it is appropriated, and the auditor shall not issue his warrant to pay any money out of the state treasury unless the same is needed for present use for such purposes.

Sec. 12. Upon the adjournment of the legislature, the clerk of the house and clerk of the senate shall jointly make up and furnish the auditor, without delay, a certified copy of this and of all other acts carrying appropriations.

HOUSE JOINT RESOLUTION NO. 1.

(Adopted February 25, 1907.)

Authorizing the auditor to draw his warrant upon the treasurer

for the per diem of the members of the legislature, officers and attaches of the senate and house of delegates.

Resolved by the Legislature of West Virginia:

That the auditor is hereby authorized to issue his warrants upon the treasurer for such amounts as are, or may become due to the several members, officers and attaches of the senate and house of delegates, for their per diem upon the proper requisition of the clerk of the senate and the sergeant-at-arms of the house, respectively.

HOUSE JOINT RESOLUTION NO. 2.

(Adopted February 25, 1907.)

Adopting a State flag for the State of West Virginia. WHEREAS, the legislature did on the twenty-fourth day of February, one thousand nine hundred and five, (see act of one thousand nine hundred and five, pages 520, 521) adopt a joint resolution providing for a state flag with design and proportions :

And, WHEREAS, such a flag has been found to be wholly impracticable for the reason that the lettering on one side reads towards the staff and that the colors on both sides of a white field cannot be used without showing through when opposite each other, thus destroying the distinctive features of the banner and leaving the state without a prescribed official flag:

And WHEREAS, it will be necessary that the state shall have an official flag distinctively it own, among those of other states and nations, at the Jamestown exposition, and as well for many other purposes and occasions hereafter; therefore,

Be it resolved by the Legislature of West Virginia:

That the legislature of West Virginia hereby adopts a state flag of the following design and proportions, to-wit: said state flag shall be in length and breadth in proportion the same as the flag of the great American Republic of which West Virginia forms a part; the field thereof shall be pure white, upon the center of which on the obverse side shall be the great seal or coat of arms of the state, beneath which shall appear the legend “State of West Virginia,” in a scroll; on the reverse side shall appear a sprig or sprigs of the rhododendron maximum, or big laurel, our state flower, having blossoms and leaves; the field of pure white shall be bordered by a band or strip of blue, and this in turn shall be bordered by a strip or fringe of old gold; and said flag shall be regarded and used as the West Virginia state flag on all occasions where a special display of the state's individuality shall become necessary, or be regarded as appropriate.

SENATE JOINT RESOLUTION NO. 1.

(Adopted February 27, 1907.)

Fixing the per diem to be paid assistant janitors of the cap

itol building during the extra session of the legislature.

Resolved by the Legislature of West Virginia:

That the clerk of the senate and the sergeant-at-arms of the house are hereby directed and authorized to draw warrants upon the auditor for the following attaches: Sam Stephenson, Alvin Whittingon, Bascom Smith, Sam Mack, Sam Buckner, P. S. Forth, John Carrington and Ben Sisson, special janitor force for the senate and house, during the extra session, at the rate of three dollars per day each; the clerk of the senate to draw his warrants for one-half, or one dollar and fifty cents per day each, and the sergeant-at-arms of the house to draw his warrants for the other half, or one dollar and fifty cents per day eanch, payable out of the contingent fund of the respective houses.

SENATE CONCURRENT RESOLUTION NO. 1.

(Adopted February 23, 1907.)

Resolved by the Senate, the House of Delegates concurring therein:

That a committee of two be appointed on the part of the senate, to be appointed by the president, and three on the part of the house of delegates, to be appointed by the speaker thereof, to jointly wait upon the governor and inform him that the two houses have assembled in their respective halls, pursuant to his proclamation, dated February twenty-third, one thousand nine hundred and seven, with a quorum of each house present; and that the legislature is ready to receive any communication he may be pleased to make.

SENATE CONCURRENT RESOLUTION NO. 2.

(Adopted February 23, 1907.)

Resolved by the Senate, the House of Delegates concurring therein:

That the printed rules of the last legislature governing the senate and house of delegates, be adopted as the joint rules of this extraordinary session until otherwise ordered.

SENATE CONCURRENT RESOLUTION NO. 3.

(Adopted March 5, 1907.)

Providing for a joint committee to wait upon the governor.

Resolved by the Senate, the House of Delegates concurring therein:

That a joint committee be appointed, consisting of two members on the part of the senate, to be appointed by the president pro tempore, and three on the part of the house of delegates, to be appointed by the speaker, to wait upon the governor and inform him that the legislature is ready to adjourn sine die, and ask him if he has any further communication to make.

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