Whereas, Lands which have not been withdrawn are affected by said leasing bill in such a way as to jeopardize existing claims of present bona file locators: Therefore, be it

Resolved, That the Congress of the United States be memorialized to amend said leasing bill to give to all locators and assigns who have held the land in good faith and have complied with the oil placer mining law the preferential right to lease the same, on the same terms that may be required from any other applicant, and claims of original locators or assigns having perfected discoveries under the oil placer mining law as recognized by State courts to be exempt from being compelled to lease such lands from the Government or pay a royalty burden; be it further

Resolved, That a copy of this memorial be sent to the Hon. Charles S. Thomas, Hon. John F. Shafroth, Hon. Ed. T. Taylor, Hon. Edward Keating, Hon. Ben, C. Hilliard, and the Hon. C. B. Timberlake, asking their aid in carrying out the object of this resolution.

Every corporation organized under the provisions of this chapter for the transportation and storage of oil, shall in addition to the powers conferred upon corporations generally, have full authority to lay down necessary pipes, mains and conduits beneath the public roads, highways, streets, avenues and alleys of any county, city, incorporated town or district of this State; provided, however, that such pipes, mains, and conduits shall be laid at least three feet feet below the surface of the same, and shall not in anywise unnecessarily obstruct or interfere with public travel, or damage public or private property; and provided, also, that the consent of the council, town commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the county, city, town and district wherein or through which it is contemplated to lay such pipes, mains and conduits beneath such public roads, highways, streets, avenues or alleys shall first and as a condition precedent be obtained, before any such public roads, highways, streets, avenues or alleys shall be disturbed, opened or dug up; such consent of such council or town commissioners or other persons having control over such roads, highways, streets, avenues and alleys shall be by ordinance of such council or commissioners duly adopted, or by resolution of such persons having control over the public roads or highways, adopted at a meeting to be held not less than thirty days after notice thereof shall have been given by notices posted up in five of the most public places on the road or highway which is proposed to be used for the purpose aforesaid; that such use of public roads, highways, or streets, avenues and alleys in any of the counties, cities, towns or districts in this State shall be subject to such terms, regulations, taxation and restrictions as may be imposed by the council, town commissioners or other persons having control over the public roads and highways of the county, city, town or district, and that the portions of the surfaces of the roads, highways, streets, avenues and alleys disturbed in laying the said pipes shall be immediately restored to their original condition, and that any pavements which are removed for the purpose of laying or repairing the pipes, mains, and conduits, shall be restored to as good condition as they were previous thereto, and so maintain

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the same for six months after the completion of the works; and in case of failure on the part of the corporation to so restore and maintain the same, the street commissioner or other officer having supervision of the streets may properly restore and maintain the same, and the costs thereof may be recovered by the city or town from the corporation in any court of competent jurisdiction. Any such company mentioned in this section may take lands, easements, and rights of way, for heating, constructing, maintaining and operating its * stations, tanks and reservoirs * * * and delivery stations, and offices, and for laying down its pipes, tubes, conduits, connections and branches from any points to any other points in the State, and for all necessary purposes of the corporation, including the right to cross any railroad, and the right to appropriate a right of way and locate its pipes, tubes or conduits upon, over or under, and across any lands, water, streams, rivulets, canals, roads, turnpike roads or other highways in such manner as shall not interfere with the ordinary use of the same; provided, that in crossing any rivulet or other stream the pipes, tubes, and conduits shall be laid and securely suspended above flood lines, or laid beneath the bed of any rivulet or other stream so crossed. Any company occupying any lands cleared and used for agricultural purposes, by laying thereon or thereunder any of its pipes, tubes, or conduits, shall bury the same at least twenty-four inches below the surface if so required by the owner of the land. In case any corporation mentioned in this section desiring to acquire, occupy or use any lands in this State for its corporate use can not agree with the owner or owners thereof as to the terms and conditions of such acquisition, occupancy or use, and the value, compensation, or damages to be paid for such acquisition, occupancy, or use, it shall have the right to acquire, use and hold such lands in like manner as is provided in section 110 of this chapter for acquiring lands for the location, construction, and maintenance of railroads. (21 Del. Laws, ch. 273, sec. 101; 22 Del. Laws, ch. 166, sec. 18.)

PIPE LINE COMPANIES.

FRANCHISE TAX-REPORTS.

REVISED CODE 1915, P. 68.

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102. SEC. 65. Franchise taxes; corporations subject to. * oil or pipe line company, * Every * incorporated after the tenth day of March, A. D. 1899, under the laws of this State, shall pay an annual tax, for the use of the State, by way of a license for its corporate franchise as hereinafter mentioned. (21 Del. Laws, ch. 166, sec. 1.)

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103. SEC. 66. Annual reports to secretary of state; form and purpose. Annually, on or before the first Tuesday in January, it shall be the duty of the president, treasurer or other proper officer, or any two directors, of any corporation now existing or hereafter to be incorporated under the provisions of the laws of this State of the character specified in the preceding section, to make report to the secretary of state, stating specifically the location of its principal office in this State, and the name of the agent upon whom service of process against said corporation may be served, the location or locations (town or towns, city or cities, street or streets and number, if number there be) of the place or places of business of said corporation without this State; the names and addresses of all the directors and officers of the company and when the terms of each expire; the amount of its authorized capital stock, if any, and the amount actually paid in; the date appointed for the next annual meeting of the stockholders for the election of directors; as well also the following particulars, namely: * each oil or pipe line company engaged in the trans

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portation of oil or crude petroleum shall-state the gross amount of its receipts from the transportation of oil or petroleum through its pipes or in and by its tanks or cars in this State during the same time. (21 Del. Laws, ch. 166, sec. 2; 22 Del. Laws, ch. 15, sec. 2; 22 Del. Laws, ch. 16, sec. 1; 24 Del. Laws, ch. 1, sec. 1; 27 Del. Laws, ch. 19.)

104. SEC. 67. False statements perjury.

If any officer of any corporation required by sections 66 and 82 of this chapter to make return to the secretary of state, shall, in such return, make any false statement, he shall be deemed guilty of perjury; if any such corporation shall neglect or refuse to make such return within the time limited as aforesaid, the secretary of state shall ascertain and fix the amount of the annual license fee or franchise tax and the basis upon which the same is determined, in such manner as may be deemed by him most practicable, and the amount so fixed by him shall stand as such basis of taxation under sections 65 to 83, inclusive of this chapter. (21 Del. Laws, ch. 166, sec. 3.)

105. SEC. 68. Rates of franchise taxes. Each

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oil or pipe line corporation shall pay to the State treasurer, for the use of the State, an annual license fee or franchise tax at the rate of three-fifths of one per centum upon the gross amount of its receipts so returned or ascertained. * * * If any oil or pipe line corporation has part of its transportation line in this State and part thereof in another State or other States, such corporation shall return a statement of its gross receipts for transportation of oil or petroleum over its whole line, together with a statement of the whole length of its line, and the length of its line in this State; such corporation shall pay an annual license fee or franchise tax to the State treasurer, for the use of the State, at the aforesaid rate upon such proportion of its said gross receipts as the length of its line in this State bears to the whole length of its line * * * (21 Del. Laws, ch. 166, sec. 4; 22 Del. Laws, ch. 16, sec. 2; 22 Del. Laws, ch. 259, sec. 1; 24 Del. Laws, ch. 47, sec. 1; 27 Del. Laws, chs. 19, 20.)

PIPE LINES AND GAS PLANTS-CONTROL AND REGULATION.

LAWS 1913, P. 247.

MARCH 13, 1913.

CHAPTER 61.

AN ACT to provide for the organization of the public utilities commission, to define its powers and duties and the rights, remedies, powers, and duties of public utilities, their officers, agents and employees and the rights, and remedies of patrons of public utilities, and to provide penalties for offenses by public utilities, their officers, agents and employees, and by other persons and corporations, appropriating the necessary funds to carry out the provisions of this act, repealing section 2839 of the Revised Codes of the State of Idaho, and chapter 31, title 8 of the Revised Codes of Idaho, and house bill No. 104 of the 1909 session laws of Idaho, and chapter 49 of the 1911 session laws of the State of Idaho, and repealing all acts and parts of acts in so far as they are inconsistent with the provisions of this act.

Be it enacted, etc.:

SEC. 1. This act (law) shall be known as the "Public Utilities Act" and shall apply to the public utilities and public services herein described and to the commission herein referred to. (Sec. 2368, compiled statutes, 1919.)

NOTE. The original section 2 was amended by the act of March 11, 1915, and the amendatory section was also amended by the act of March 20, 1917, and the section was carried into the compiled statutes of 1919 and divided into separate sections numbered 2369 to 2396, and these sections that are applicable to this subject are as follows:

SEC. 2369.

The term

Commission.

"commission" when used in this chapter means the public utilities commission of the State of Idaho. (Laws 1913, sec. 2(a).)

SEC. 2370. Commissioner.

The term "commissioner" when used in this chapter means one of the members of the commission. (Laws 1913, sec. 2(b).)

SEC. 2371. Corporation: municipal and mutual excluded.

The term "corporation" when used in this chapter includes a corporation, a company, an association and a joint-stock association, but does not include a municipal corporation, or mutual nonprofit or cooperative gas, *

or

any other public utility organized and operated for service at cost and not for profit, whether inside or outside the limits of incorporated cities, towns or villages. (Laws 1913, sec. 2(c), as amended by acts of 1915 and 1917, p. 431.)

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SEC. 2381. Pipe line.

The term "pipe line" when used in this chapter includes all real estate, fixtures, and personal property owned, controlled, operated or managed in connection with or to facilitate the transmission, storage, distribution or delivery of crude oil or other fluid substances except water through pipe lines. (Laws 1913, sec. 2(m).)