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Be it enacted by the Legislature of West Virginia:

Sec. 1. That the attorney general of West Virginia be and he is hereby authorized and directed to defend the equity cause of the Commonwealth of Virginia against the state of West Virginia, now pending in the supreme court of the United States; and the board of public works is hereby authorized to employ such attorneys and agents to assist the attorney general in the defense of such suit as in its judgment shall be necessary for the purpose.

Sec. 2. The attorney general is further authorized and directed to have made as soon as possible such searches and investigations as may be necessary to ascertain all the facts, which in his opinion, are needed for the proper defense of said suit; and the attorney general is further authorized, if in his opinion it is necessary, to request of the officers of the said Commonwealth of Virginia reasonable access to the records of said Commonwealth so far as it may be necessary for such purpose; and to cause such copies and extracts of such records made as he or his associates may deem necessary for such purpose; and the attorney general is directed to make full and complete reports of his acts hereunder to the board of public works, from time to time, as he may deem proper or as requested by said board, and to the legislature at each session thereof during the pendency of said suit.

Sec. 3. To carry out the provisions of this act, the sum of fifty 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 the board of public works.

CHAPTER 46.

(House Bill No. 224.)

AN ACT amending the charter of Storer College.

[Passed February 14, 1907. In effect ninety days from passage. Approved by the Governor, February 20, 1907.]

SEC.

3.

Number of trustees; superintend-
ent of free schools shall be one, |

SEC.

ex officio; quorum, how constituted.

Be it enacted by the Legislature of West Virginia:

That section three of chapter one hundred and seventeen of the

acts of one thousand eight hundred and sixty-eight, amended February twenty-third, one thousand eight hundred and eighty-three, relating to the board of trustees of Storer College be and the same is hereby further amended so as to read as follows:

Sec. 3. The number of trustees of said corporation shall not be more than twenty-five, of whom the superintendent of free schools shall be one, ex-officio. One of said trustees shall be elected president of the corporation; five of said trustees shall constitute a quorum to accept this act and transact business.

CHAPTER 47.

(Senate Bill No. 186.) .

AN ACT appropriating money to pay the expenses of the joint committee raised by House Joint Resolution No. 19, and House Concurrent Resolution No. 5, of the present session.

[Passed February 8, 1907. In effect from passage. February 11, 1907.]

SEC.

1. Appropriation; for what purpose; how paid.

Approved by the Governor,

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to pay the expenses and costs of the joint committee raised by House Joint Resolution No. 19, and House Concurrent Resolution No. 5, providing for an investigation of the Stuart and Thomas mine disasters, which resolution was adopted on the sixth day of February, one thousand nine hundred and seven; said sum shall be paid from the state treasury on the warrant of the auditor on requisitions signed by the chairman of said joint committee, in such amounts as may from time to time be required.

CHAPTER 48.

(House Bill No. 49.)

AN ACT to amend and re-enact section one hundred of chapter thirty-five of the acts of one thousand nine hundred and five, relating to the payment of taxes upon property assessed by the board of public works.

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Be it enacted by the Legislature of West Virginia:

That section one hundred of chapter thirty-five of the acts of one thousand nine hundred and five be amended and re-enacted so as to read as follows:

Sec. 100. The auditor shall, as soon as possible after the said assessment is completed, make out and transmit by mail or other. wise to such owner or operator, a statement of all taxes and levies so charged, and it shall be the duty of such owner or operator so assessed and charged, to pay the whole amount of such taxes and levies into the treasury of the state by the twentieth day of January next after the assessment thereof, subject to a deduction of two and a half per centum upon the whole sum, if the same be paid on or before that day. If such owner or operator fail to pay such taxes and levies by the said twentieth day of January, the auditor shall add ten per centum to the amount thereof to pay the expense of collecting the same, and shall certify to the sheriff of each county the amount of such taxes and levies assessed within his county; and it shall be the duty of every sheriff to collect and account for such taxes and levies in the same manner as other taxes are levied or collected and accounted for by him.

The payment of such taxes and levies by any such owner or operator shall not prejudice or affect the right of such owner or operator to obtain relief against the assessment or valuation of its property in proceedings now pending or hereafter brought under

the provisions of section ninety-four of this chapter, or in any suit, action or proceeding in which such relief may be obtainable; and if under the provision of said section ninety-four or in any suit, action or proceeding, it be ascertained that the assessment or valuation of the property of such owner or operator is too high and the same is accordingly corrected, it shall be the duty of the auditor of the state to issue to the owner or operator a certificate showing the amount of the taxes and levies which have been overpaid, and such certificate shall be receivable thereafter for the amount of such overpayment in payment of any taxes and levies assessed against the property of such owner or operator, its successors or assigns, and in case the taxes charged against such owner or operator upou the assessment for the year one thousand nine hundred and six shall not be paid on or before the twentieth day of January, one thousand nine hundred and seven, the same can be paid by such owner or operator within ten days after the provisions hereof become a law, and if such owner or operator shall pay said taxes within said ten days, it shall be entitled to the benefit of the two and a half per centum deduction upon the whole sum, the same as if said taxes had been paid on or before the twentieth day of January, one thousand nine hundred and seven.

It shall likewise be the duty of said auditor to certify to the county courts, school districts and municipalities, the amounts of the respective overpayments distributable to said counties, school districts and municipalities.

CHAPTER 49.

(House Bill No. 166.)

AN ACT to provide for a compensation for John C. Keister for injuries received while in the service of the state and acting as cadet under crders of the military department at the West Virginia university.

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thousand nine hundred and three, regularly appointed a cadet of

the state university from the county of Pendleton, and entered into the service as such, on the day of October of said year,

one thousand nine hundred and three, at said university, and WHEREAS, on the thirtieth day of June, one thousand nine hundred and five, he was cadet sergeant of Company "C," cadet corps, West Virginia university, and was a member of the artillery section, on the above date; and

WHEREAS, the said Keister was on duty with the said artillery section on said above date, and while firing one of the guns belonging to the state of West Virginia, and in use by the West Virginia university, for the instruction of the cadet corps, a premature discharge occurred, badly injuring the said John C. Keister; his left eye being injured, left side of face badly torn, nose and mouth very badly torn, three fingers entirely blown off, index finger and thumb partly blown off of right hand, flesh on palm of right hand torn out, and the flesh of his neck and body badly lacerated; and

WHEREAS, the said injury was received by the said cadet, John C. Keister, while in the time of duty, and the injures he received by the said premature discharge of the said field piece, seriously injured and made him a cripple for life, for which he was in no wise responsible; therefore,

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the said John C. Keister shall be allowed two thousand five hundred dollars, to be paid out of the state treasury, by a warrant drawn on the auditor of the state to be paid out of the funds not otherwise appropriated.

CHAPTER 50.

(House Bill No. 25.)

AN ACT authorizing the county courts of the several counties to mark by suitable monuments the sites of the frontier forts and blockhouses occupied by the early settlers during the Indian wars, also the graves of soldiers of the war of the revolution.

[Passed February 9, 1907. In effect from passage. Approved by the Governor, February 14, 1907.]*

SEC.

1.

County courts authorized in their
discretion, to erect memorial

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monuments; in memory of what.

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