any disrict or districts named in the proposal should vote adversely thereto. All elections held hereunder shall be conducted in the same manner as general irrigation districts, elections are required by law to be conducted.

Filings With County Clerk.

Section 3. Whenever any two or more irrigation or drainage districts shall have voted to co-operate with one another under the provisions of this Act, the respective commissioners thereof shall file in the office of the clerk of the court having jurisdiction of the district proceedings, a certified copy of the minutes of the election proceedings, including a copy of the election notice. From and after the filing of such certificates, the operation and maintenance of the respective irrigation or drainage, or irrigation and drainage works of said districts shall be under the exclusive management and control of a Board of District Managers, as hereinafter particularly provided. No informality in these certificates, or in the records of which they are a copy, shall affect the validity of any such election, if in fact the same was held in substantial compliance with this Act.

District Managers.

Section 4. The Board of District Managers shall be composed of as many members as there are districts to be represented, and a majority of its members shall constitute a quorum. The commissioner in each district who has longest served the district as such commissioner, shall be the member of the Board of District Managers from such district. In case of death, resignation, disability or absence of any district manager, the commissioner from his district who is next in seniority of service shall act as district manager in his stead. Where there is no seniority in service among the commissioners of any district, they themselves shall determine the order in which they shall successively serve as members of the Board of District Managers. If the commissioners of all of the associated districts shall at any time so order, the Board of District Managers may thereafter be composed of two commissioners from each district, but in such case the vote upon any question before the board shall be by districts, each district being entitled to cast one vote by its representatives or representative present.

President of Board.

Section 5. The presidency of the Board of District Managers shall devolve successively upon the representatives of the respective districts, and the order of succession shall be determined in the first instance by lot. The first president shall hold office until the first day of the next succeeding December, and succeeding presidents shall hold office for terms of one year each. In the absence of the president, or in case of his death, resignation or inability to act, his duties shall be discharged by the commissioner from his district who would be entitled to act in his stead, under the provisions of the preceding section. The president shall preside at all meetings of the board. He may vote upon all questions, and, in case of tie, shall also cast the deciding vote. He shall perform such other duties as may be imposed upon him by law, or the order of the board.

Secretary.

Section 6. The Board of District Managers shall appoint a secretary who may or may not be one of their number. Such secretary

shall hold his position at the pleasure of the board, and shall perform such duties as may be imposed upon him by law, or order of the board. Treasurer.

Section 7. The Board of District Managers shall appoint the treasurer for each of the associated districts. The same person may be the treasurer of two or more districts, and may also be secretary of the board. The funds of the associated districts shall not be comingled, however, but shall in all cases be separately kept and accounted for.

Name.

Section 8. At its first meeting, the Board of District Managers shall adopt a name which shall be formed by prefixing to the phrase "board of district managers," some word or words different from any used for a like purpose by any other board within the same judicial jurisdiction. A certificate of the adoption of such name shall be filed promptly with the clerk of the court, or clerks, of the courts, having jurisdiction of the several district proceedings.

Power of District Managers.

Section 9. In the operation, maintenance, preservation and repair of the constructed works of the associated districts, and in the assessment, levy, collection and disbursement of district revenues for such purposes, and for the payment of the principal and interest on outstanding indebtedness, the board of district managers shall succeed to and possess all the powers and be charged with all the duties of the commissioners of the several districts which it represents. All other powers of the commissioners of such districts shall be possessed and retained by them, unimpaired, including those relating to uncompleted district works, or such additions to or extensions of such works as require a revision or modification of assessed benefits. Whenever necessary in the discharge of its duties, the board may use the name and corporate seal of any district which it represents, always indicating, however, in some appropriate manner, that the signature and seal have been affixed by the board.

Duties of District Managers.

Section 10. It shall be the duty of the Board of District Managers so to control and conduct the affairs of the districts under their jurisdiction that each shall bear its just portion of the burdens and receive its just share of the benefits resulting from co-operating management. Accurate and detailed accounts of the amount and cost of labor and material used in the work of each district shall be separately kept, so far as practicable, and whenever labor or material is used for the common benefit of two or more districts, a just apportionment of the cost thereof shall be made between or among the districts benefited, and, in each such case the records of the board shall be made to show clearly the basis of such apportionment. Apportionment of Expense.

Section 11. In the operation and maintenance of the works under its charge, the Board of District Managers shall, as far as practicable, avoid a duplication of labor and equipment. It shall have no power, however, to purchase machinery, tools or other equipment on account of any district, without written authority from two of the commissioners from such district, and it shall have no power to purchase machinery, tools or other equipment on the joint account of two or more districts, without written authority from two of the

commissioners of each of the districts to be charged therewith, with authority shall prescribe the agreed basis upon which the cost of such purchase shall be apportioned between or among such districts. Each district shall be charged with a reasonable rental or hire for the use of property or equipment owned by the associated districts. Such rental or hire shall be uniform to all the districts and shall be so adjusted as to cover, as nearly as can be estimated, repair, interest and replacement costs, and such readjustments shall be made from time to time as may be necessary in order that these costs shall ultimately be borne by the districts in proportion to the use which each has made of such property or equipment.

Appeal from Order of Board.

Section 12. Any district aggrieved by any order of apportionment of operation and maintenance costs, or any part thereof, may, within sixty days from the entry of such order by the board, appeal therefrom to the district court having jurisdiction of such district. The proceedings upon such appeal shall be governed as far as practicable, by the proceedings in cases of appeals from the board of the county commissioners, but the order appealed from shall remain in full force and effect unless reversed on such appeal, or vacated by the Board of District Managers.

Withdrawal-Election.

Section 13. The commissioners of any district belonging to any association formed hereunder, may at any time submit to the qualified electors of their district the question as to whether or not the district shall withdraw from such association. Such election shall be held as above provided, and if in any case, the vote shall be in favor of withdrawal, the result thereof shall be duly certified to the proper court, and notice thereof served upon the other districts involved. Thereupon such withdrawal will become operative on the first day of the second December following such election, and thereafter the provisions of this Act shall cease to be applicable to such district.

age.

Section 14. This Act shall take effect from and after its pass

Approved February 28, 1925.

CHAPTER 162.

Original Senate File No. 87.

CLAIMS FOR WORK DONE OR MATERIAL FURNISHED.

AN ACT to amend and supplement Chapter 151, Session Laws of Wyoming, 1921, relating to claims for work done or material furnished on public work, and providing for additional bond and release of funds belonging to contractor.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Chapter 151, Session Laws of Wyoming, 1921, be amended and supplemented by adding thereto Section 2a, which shall be a part of said chapter and which shall read as follows:

Section 2a. Any contractor against whom any claim or claims have been filed under the provisions of Section 1 and 2 of this Chapter, at any time within thirty days after the expiration of the time

for filing claims as provided by this Chapter, has expired, may enter into a bond with sufficient surety to be approved by the officer or officers under whose jurisdiction such contractor is acting in double the amount of any such claim or claims filed against such contractor, and securing the payment of all or any part of such claim or claims as may be due and owing such claimant or claimants and providing that such claimant or claimants must bring action to recover against the surety on such bond within one year from the expiration of the time allowed for filing claims under this chapter. Such bond shall run to and be for the use and benefit of each and all claimants who have filed their claims as provided by this Chapter. Upon the giving of such bond by said contractor all money remaining in the hands of the state, county or municipality with which such contract was made and due thereunder shall be forthwith paid to such contractor.

Section 2. This Act shall take effect and be in force from and after its passage.

Approved February 28, 1925.

CHAPTER 163.

Original House Bill No. 157.

WYOMING NATIONAL GUARD.

AN ACT relating to the Wyoming National Guard and to improve the efficiency of the Military Forces of The State of Wyoming; and to comply with the provisions of the National Defense Act, approved by the President June 3, 1916; as amended, Act approved August 29, 1916; Act approved July 9, 1918; Act approved February 28, 1919; Act approved July 11, 1919; Act approved February 29, 1919; Act approved June 4, 1920, relating to the National Guard, and to repeal Chapter 36, Wyoming Compiled Statutes, 1920, and all Acts and parts of Acts in conflict herewith.

Be It Enacted by the Legislature of the State of Wyoming:

Adjutant General-Appointment-Term.

Section 1. That the Governor shall be Commander-in-Chief of the organized militia except when called into the service of the United States; and he shall appoint the Adjutant General to serve for a period of four years or until his successor is duly qualified who shall be Chief of Staff; provided, that the Adjutant General shall have served as a Field, Staff, or Line Officer in the United States Army or National Guard or both for a period of at least three years and attained at least the rank of major.

Officers-Qualifications-Term-Renewal.

Section 2. All officers of the National Guard of the State of Wyoming shall be appointed by the Governor of the State of Wyoming as is now or may be hereafter provided in National Guard Regulations. No officer of the National Guard appointed previous to the date of this Act who has not had previous military service in the Army of the United States or the National Guard of the State of Wyoming, or the National Guard of some other state or territory of the United States shall continue to serve under such commission, nor shall any officer hereafter be appointed who has not had such previous military service. All officers now appointed in the National Guard

of the State of Wyoming or who shall hereafter be appointed shall hold their positions until they shall have reached the age of sixty-four years (64 years) unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court martial or efficiency board, legally convened for that purpose and to be legally convened as herein provided. Such court martial or efficiency board must be convened and act under the same provisions as a like body of the Regular Army. The Adjutant General of the State shall maintain a roster showing the seniority of the officers of the National Guard of the State of Wyoming; such seniority to date from the date of original commission, and when a vacancy occurs in a troop or company located at a particular station and which necessitates the allocation of the higher officer at that unit such officer shall be advanced on the basis of the seniority of the officers present with that unit, except that all vacancies above the grade of captain shall be filled by a board to consist of the Adjutant General, Senior Line Officer of the Wyoming National Guard and the Judge Advocate General.

Compensation.

Section 3. The compensation of all officers when on duty by order of the Governor shall be the same pay and allowances as is paid to officers of like grade in the Regular Army of the United States, including longevity pay for Federal and National Guard service, except commutation of heat, light and quarters, Provided, heat, light and quarters will be furnished when on field duty.

Organization.

Section 4. The organized militia shall be designated the "Wyoming National Guard." The Wyoming National Guard shall consist of the Staff of the Commander-in-Chief, and such departments and staff corps and organizations, as shall be prescribed by the War Department for the National Guard. It shall be the duty of the Governor, by and with the advice of the Military Board to make and publish such orders as may be necessary to conform said National Guard of Wyoming in organization, armament and discipline to that prescribed for the Regular Army of the United States, subject to such general exceptions as may be authorized by the laws of the United States, and for this purpose the Governor may increase or decrease the number of officers and non-commissioned officers of any grade to the extent made necessary by changes authorized by War Department Orders or National Guard Regulations.

Filling of Vacancies.

Section 5. In order that this force may be maintained whenever it is below the maximum herein prescribed, vacancies may be filled upon the petition of a number of persons subject to military duty equal to the minimum required for the organization proposed; such petition shall be forwarded to the Adjutant General who, if it appears to him that the proposed organization is properly composed, that its location is suitable and that it can be made efficient, shall refer the same to an officer designated by him for the purpose, who shall direct that the petitioners assemble at a convenient time, and then inspect them and receive them into the service with the approval of the Governor. In no case shall the mustering officer receive into the service of the State a less number of men than the minimum number required by the War Department to constitute the organization proposed; Provided, That the Military Board shall make