made to St. Louis. The board of managers has made arrangements with the railroads for transportation to St. Louis at the scheduled freight rate, with return transportation to the assembly points free.

It is the intention of the board of managers for Arizona to eliminate everything of the Indian curio and prehistoric nature, and confine the exhibit to the agricultural, horticultural, and mineral products of the Territory.

ATTORNEY-GENERAL.

Hon. Ed. W. Wells, attorney-general of Arizona, submits the following report covering the operations of his office during the fiscal

year:

At its last session, March 20, 1903, the supreme court of the Territory disposed of five criminal cases on appeal to that court from the different counties in the Territory, three of which were affirmed, one reversed and remanded for new trial, and one was reversed and dismissed and defendant discharged.

Attached hereto is a schedule giving the record of the cases.

This practically disposes of all cases in the court to which the Territory is a party. The public interests throughout the Territory coming within the supervision of this office are, so far as I am informed, efficiently taken care of, and in no instance, in the public service, within my knowledge, is there a condition so unsettled which should tax inquiry to any extent.

Report of Attorney-General, August 11, 1903.

SCHEDULE A.

Simon Alderete, appellant, v. Territory of Arizona, respondent. Indicted for murder. Verdict-Murder in the first degree. Appealed from district court, Yavapai County. Judgment of lower court affirmed.

Walter Trimble, appellant, r. Territory of Arizona, respondent. Indicted for rape. Verdict-Guilty as charged. Appealed from district court, Graham County. Judgment of the lower court affirmed.

Bettie Trimble, appellant, v. Territory of Arizona, respondent. Indicted for a felony. Verdict-Guilty as charged. Appealed from district court, Graham County. Judgment of the lower court reversed, case dismissed, and defendant discharged. Pasquel Mazzotte, appellant, v. Territory of Arizona, respondent. Indicted for assault with a deadly weapon. Verdict-Guilty of an assault with a deadly weapon. Appealed from district court, Graham County. Judgment of the lower court affirmed. Allen McLane and Mortimer McLane, appellants, v. Territory of Arizona, respondent. Indicted for grand larceny. Verdict-Guilty as charged in the indictment. Appealed from district court, Pinal County. Judgment of the lower court reversed and remanded for new trial.

TERRITORIAL BOARD OF HEALTH.

Submitted herewith is the report of R. M. Dodsworth, M. D., superintendent of public health:

The Territorial board of health was organized April 22, 1903, at a meeting held in the office of the governor in the capitol building at Phoenix, in pursuance of an act of the Twenty-second legislative assembly, entitled "An act to protect public health,”’ which act, together with the by-laws of this board, are appended to my report.

The chairmen of the several boards of supervisors of the different counties of the Territory were notified of the organization of the board and requested to appoint county superintendents of health, in accordance with the provisions of the law. The following counties have complied: Apache, Cochise, Gila, Graham, Maricopa, Mohave, Pima, Santa Cruz, and Yuma. The officers of the boards in the counties complying with the law are as follows:

County boards of health.

Apache: A. L. Truax, president; Reamer Ling, vice-president; James S. Woolford, M. D., county superintendent.

Cochise: I. J. Bowen, president; A. R. Hickman, M. D., county superintendent. Coconino: No board.

Gila: Lyman C. Woods, president; S. B. Claypool, M. D., county superintendent. Graham: Eugene Caruthers, president; C. L. Rawlins, vice-president; L. A. W. Burtch, M. D., county superintendent.

Maricopa: C. F. Norris, president; A. C. Baker, vice-president; H. A. Hughes, M. D., county superintendent.

Mohave: J. H. Johnson, president; Hugh L. Dickson, vice-president; A. M. Cowie, M. D., county superintendent.

Navajo: L. E. Divelbess, president; George P. Sampson, M. D., county superintendent.

Pima: Andres Rebeil, president; Roscoe Dale, vice-president; W. H. Fenner, M. D., county superintendent.

Pinal: No board.

Santa Cruz: Richard Farrell, president; Frank J. Duffey, vice-president; H. W. Purdey, M. D., county superintendent.

Yavapai: No board.

Yuma: C. B. Hinds, president; W. F. Simmons, vice-president; Henri Ap-John, M. D., county superintendent.

The Territorial board of health, Territory of Arizona, 1903: Col. Alexander O. Brodie, governor of Arizona, president; Hon. Ed. W. Wells, attorney-general of Arizona, vicepresident; Robert M. Dodsworth, M. D., superintendent of public health, secretary of board.

The constitution of the Territorial board of health of the Territory of Arizona is the act of the Twenty-second legislative assembly establishing the board. Approved March 19, 1903, of which the following is a correct copy:

AN ACT entitled "An act to protect public health."

Be it enacted by the legislative assembly of the Territory of Arizona:

TERRITORIAL BOARD OF HEALTH.

SECTION 1. There is hereby established a Territorial board of health, composed of a president, vice-president, and a superintendent of public health. The governor shall be ex-officio president and the attorney-general shall be ex-officio vice-president of such board. The governor shall nominate, and by and with the advice and consent of the legislative council, appoint a superintendent of public health, who shall be a practicing physician of the Territory. The superintendent thus appointed shall hold his office for two years. The persons thus appointed shall hold their offices for two years from the first Tuesday in April succeeding their appointment, and until their successors are appointed and qualified.

SEC. 2. Duties of officers.-The president of the board shall preside at the meetings thereof, and the vice-president shall perform the duties thereof in his absence. The superintendent of public health shall be secretary of said board. He shall keep a record of the proceedings of the Territorial board of health, and of his own acts as such superintendent, and he shall perform such other duties as are prescribed by this act, or which may be prescribed by the Territorial board of health. The records kept by the superintendent shall be at all times open to the inspection of the public.

SEC. 3. Meetings of the board.—The several persons composing the Territorial board of health shall meet as often as once in every six months at such place in the Territory as they may appoint.

SEC. 4. Powers and duties of the board.-The board shall have power and it shall be its duty:

1. To fix the time and place of the meetings of the board, subject to the provisions of the preceding section.

2. To make rules and regulations for the government of the board, its officers, and its meetings.

3. To make and enforce all needful rules and regulations for the prevention and cure, and to prevent the spread of any contagious, infectious, or malarial diseases among persons and domestic animals.

4. To establish quarantine and isolate any person affected with any contagious or infectious or epidemic or endemic disease.

5. To isolate, kill, or remove any animal affected with contagious or infectious disease, when necessary to protect public health.

6. To remove or cause to be removed any dead, decaying, or putrid body, or any decayed, putrid, or other substance that may endanger the health of persons or domestic animals.

7. To condemn or cause to be destroyed any impure or diseased articles of food that may be offered for sale.

8. To superintend the several boards of health in the cities, villages, and towns, and the county boards of health of the several counties.

9. To empower and direct the superintendent of public health to do or cause to be done any and all of the things mentioned in subdivisions four, five, six, seven, and eight of this section.

10. To make such rules and regulations as it may deem necessary to govern the preparation of dead bodies for transportation, and to govern what classes of dead bodies may be transported and the manner thereof.

SEC. 5. Compensation of officers.—The president and vice-president of the board shall receive no compensation, but they shall be paid ten cents for every mile actually and necessarily traveled by them in the performance of their official duties and other necessary expenses incurred by them. The superintendent of public health shall be paid a yearly salary of one thousand dollars in equal installments at the end of every three months. He shall also be paid ten cents per mile for every mile actually and necessarily traveled in the performance of his official duties, and such other sum or sums as he may necessarily pay or become liable to pay (hotel or other incidental expenses) for the official books, records, and papers kept by him, for the printing of his reports, and such circulars and blanks as may be required for the proper conduct of the business of his office, not to exceed the aggregate sum of three hundred dollars. The accounts of the superintendent for his mileage and said other expenses of his office shall be audited by the Territorial board of health, and the same, together with his salary, shall be paid out of the Territorial treasury.

COUNTY BOARDS OF HEALTH.

SEC. 6. There are hereby established county boards of health, composed of a president, vice-president, and superintendent. The chairman of the board of supervisors in each county shall be ex-officio president of the county board, and the district attorney of such county shall be ex-officio vice-president of such board. The board of supervisors shall appoint a superintendent of public health for the county, who shall be a practicing physician within the county, and the superintendent thus appointed shall hold his office for two years and until his successor is elected and qualified.

SEC. 7. The president of each county board of health shall preside at the meetings thereof, and in his absence the vice-president shall perform the duties of the president. The county superintendent of health shall be secretary of the board of health of his county. The county superintendent of health shall keep a record of all the proceedings of the board and of his official acts, and he shall, at the end of every month, make a full report in writing to the superintendent of public health of the proceedings of the county board of health and of his official acts, and shall, whenever the health of persons is endangered, and when any contagious and infectious disease occurs in his county among persons, immediately report the same to the superintendent of public health.

SEC. 8. The several county boards of health shall meet at the county seat of their respective counties at such time within thirty days after the appointment of the county superintendent of health as he may designate. Notice of the time and place of such meetings shall be made by him, given to the other members of the county board at least five days prior to such meeting, and thereafter the board shall meet at the county seat as often as once in every three months.

SEC. 9. The several county boards of health shall have power within their respective counties, outside of the corporate limits of cities having a city board of health, subject to the supervisory control of the territorial board of health, and the superintendent of public health, to do and perform all the things mentioned in subdivisions three, four, five, six, seven, and eight of section 4. All expenses actually and necessarily incurred by the county board of health in carrying out the provisions of this article shall be audited by the board and certified to the county supervisors and shall be paid the same as other county expenses are paid.

SEC. 10. The county superintendent of health shall have charge of and superintend, subject to the approval of the board of which he is a member, and supervisory control of the territorial board of health and the superintendent of public health, all the matters and things mentioned in subdivision four of section 4 within his county, and in case of immediate danger to the health of persons by reason of any contagious or infectious disease, he may act, as in his judgment he deems best, without consultation with the other members of the board for the prevention of such danger, and shall immediately report such action to the president of the board and to the superintendent of public health.

SEC. 11. Compensation.-The president and vice-president of the board shall receive no compensation for the performance of their official duties; but shall receive 10

cents for every mile actually and necessarily traveled in the discharge of such duties. The county superintendent of health shall receive the sum of $300 per annum and $10 per day when actually and necessarily engaged, and 10 cents for each mile actually and necessarily traveled in the performance of his duties, and he shall also receive such other sum as he may necessarily pay or become liable to pay in carrying out and performing the various duties imposed upon him under the provisions of this section, or by the county board of health, all of which accounts for services, mileage and other expenses shall be audited by the board and certified to the board of county supervisors and paid as any other county expenses are paid.

SEC. 12. The superintendent of public health shall, on the first day of December of each even-numbered year, make a full report to the governor, which report shall show all that has been done by the territorial board of health and by such superintendent during the two years preceding the making such report, the number of cases treated by him in each county by the superintendent, the character and extent during such time of all contagious and infectious diseases that have been reported to him, all expenditures of the territorial board, and in each of the organized counties by the county board, and such recommendations as he may deem advisable for the better protection of public health and the prevention and cure of contagious or infectious diseases of persons.

SEC. 13. In case a vacancy shall occur in the office of vice-president or superintendent, such vacancy shall be filled by appointment by the governor, and the person so appointed shall hold office for the unexpired term. In case a vacancy occurs in the office of vice-president or superintendent of health in any county board of health, the president of such county board of health shall appoint some suitable person to fill such vacancy, and the person so appointed shall hold office until a successor to such officer has been appointed by the board of county supervisors.

SEC. 14. Nothing contained in this article shall in any manner affect any board of health heretofore established, or that may be hereafter established in any city, village, or incorporated town; provided, however, that all such boards of health shall be under the superintending control of the territorial board.

CITY BOARD OF HEALTH.

SEC. 15. There is hereby established in each corporated city in this territory a board of health, which shall be constituted as follows:

The mayor of the city shall, at the first meeting of the city council in April in each year, appoint two members of the city council, who, together with the city engineer and the health officer, as hereinafter provided, shall constitute a board of health and shall have and exercise the powers conferred upon such board by law and by the ordinances of such city.

SEC. 16. Health officer: Duties; salary.—At the first meeting of the city council in April of each odd number year there shall be appointed by the mayor and confirmed by the council one health officer, who shall hold his office for two years, and until his successor is appointed and qualified. He shall be a practicing physician, and shall perform such duties as may be devolved upon him by law or by the ordinances of such city. Before entering upon the duties of his office he shall take the usual oath of office, and give a bond to be approved by the city council in the sum of one thousand dollars, conditioned for the faithful performance of his duties, and shall receive such compensation as a city council shall determine.

SEC. 17. Each city board of health shall perform the duties and exercise the powers herein provided within the limits of the city for which it is established. Each county board of health and city board of health shall be known as the local board of health.

SEC. 18. Each local board of health, within its jurisdiction, may examine into all nuisances, sources of filth, and causes of sickness, and make such regulations regarding the same as it may judge necessary for the public health and safety of the inhabitants, and any person who shall violate any published order or regulation made by any board of health shall be guilty of a misdemeanor and punished by a fine of not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or both.

SEC. 19. Regulations published.—Notice shall be given by each local board of health of all general orders and regulations made by them by publishing the same in some newspaper, if there be one published within the jurisdiction of such board; if there be none, then by posting such orders and regulations in five public places therein, and such publication of such orders and regulations shall be deemed a legal notice to all persons.

SEC. 20. Whenever any nuisance, source of filth, or cause of sickness is found on private property any member of the local board of health may order the owner or

occupant thereof, at his own expense, to remove the same within twenty-four hours, and such order may be given to such owner or occupant personally or left at his usual place of abode.

SEC. 21. Whenever such owner or occupant shall fail to comply with the order of such board it may cause such nuisance, source of filth, or cause of sickness to be removed, and all expenses incurred thereby shall be paid by such owner or occupant or by such other person as has caused or permitted the same.

SEC. 22. Whenever any local board shall deem it necessary for the preservation of the health of the inhabitants within its jurisdiction to enter any building or other structure within such jurisdiction for the purpose of examining into and destroying, removing, or preventing any nuisance, source of filth, or cause of sickness, and shall be refused entrance, any member of the board may make complaint under oath to a justice of the peace within the jurisdiction of the board, stating the facts in the case so far as he has knowledge thereof.

SEC. 23. Such justice shall thereupon issue a warrant directed to the sheriff or other peace officer commanding him to take sufficient aid, and accompanied by at least one member of the board of health, between the hours of sunrise and sunset, to have such nuisance, source of filth, or cause of sickness destroyed, removed, or prevented, under the direction of such member of the board of health as accompany him.

SEC. 24. Whenever it shall come to the knowledge of any physician or other person that a contagious, epidemic, or infectious disease exists within the jurisdiction of any local board, he shall immediately report to such board in writing the name and place of residence, if known, of every person afflicted with such disease, and if he is the attending physician of such person, he shall report not less than twice in each week the condition of each person so afflicted and the state of such disease.

SEC. 25. It shall be the duty of each practicing physician in this Territory to report in writing to the local board of health the death of each of his patients who shall have died within the jurisdiction of such board of any contagious, infectious, or epidemic disease. Such report shall be made within twenty-four hours after such death, and shall state the specific name and character of such disease.

SEC. 26. Each keeper of any private house, boarding house, lodging house, inn, or hotel shall report in writing to the local board of health within whose jurisdiction the same may occur each case of contagious, infectious, or epidemic disease which may occur in his house, inn, or hotel; such report shall be made within twenty-four hours after the existence of such disease shall have become known to such person, and shall state the name of each person afflicted with such disease and the nature thereof.

SEC. 27. No person shall, without a permit from the local or Territorial board of health, carry or cause to be removed from without this Territory, or from one building to another within this Territory, or from or to any car or vessel, any person afflicted with any contagious, infectious, or epidemic disease or the body of any person who dies of such disease.

SEC. 28. Each person or guardian having the care, custody, or control of any minor or other person shall cause such minor or other person to be vaccinated.

SEC. 29. No principal, superintendent, or teacher of any school and no parent or guardian of any minor child shall permit any child having scarlet fever, diphtheria, smallpox, whooping cough, measles, or any other dangerous, infectious, or contagions disease, or any child residing in any house in which such disease exists or has recently existed to attend any public or private school until the local board of health shall have given permission therefor.

SEC. 30. No person shall allow to be unburied the body of any human being for a longer time than four days, or, when death has been caused by infectious or contagious disease, for a longer time than twenty-four hours after the death of such person, without a permit from the local board of health, which permit shall specify the length of time during which said body may be unburied. In all cases where death has been caused by an infectious or contagious disease, the body shall, if directed by said board, be immediately disinfected as may be directed by it. If the body remains unburied for more than twenty-four hours, it shall be immediately inclosed in a tightly sealed metallic coffin which shall not thereafter be opened, and the funeral of such person shall be strictly private. In the removal of such body for burial, or otherwise, only such hearses or other vehicles shall be employed as inay be authorized by said board, and no undertaker or other person shall bury or prepare for burial the body of any human being without a certificate signed by the attending physician or by the coroner, which certificate shall state the name, age, sex, and place of abode and date of death of such deceased person, the name and duration of the disease of which such person died, and whether or not the disease is contagious, and such certificate shall, after the burial of such body, be filed with the local board of health, and whenever any such body shall be presented to any common carrier within the Territory for transportation by such carrier it shall be accom