CHAPTER 166.

CAPITOL COMMISSION-DUTIES-TERMS-REMOVAL-REAP

PROPRIATION.

AN ACT amending sections 1, 4 and 6 of chapter 220, Session Laws of Oklahoma, 1913, relating to the State Capitol; and declaring an emergency.

Be It Enacted By the People of the State of Oklahoma:

Powers and Duties-Governor to Act.

Section 1. Section 1 of chapter 220 of the Session Laws of Oklahoma, 1913, is hereby amended to read as follows:

"Section 1. For the purpose of building a State Capitol at the seat of government of this State on the site now owned by the State, as provided in Senate Joint Resolution No. 7, approved March 17, 1913, there is hereby created a State Capitol Commission (hereinafter sometimes designated as the Commission), which shall consist of three commissioners, and the Governor who shall be ex-officio chairman of the Commission, who shall be bona fide electors of the State; and the selection and appointment of the members of said commission made at and by the extraordinary session of the Legislature of 1913, is hereby confirmed and validated; PROVIDED, each of said commissioners shall have been selected and appointed by the said extraordinary session of said Legislature of 1913, by a majority vote of the members elected to and constituting the membership of the Senate and the House of Representatives; and provided further, that each of said commissioners shall have a commission authorized by concurrent resolution of the Senate and House of Representatives, said commission being signed by the president pro tempore of the Senate and the Speaker of the House of Representatives, and provided further, that the selection and appointment of the members of the State Capitol Commission shall be construed to be the act of the Legislature, consisting of the Senate and the House of Representatives, and the tenure

of office of the commissioners elected and appointed, as provided herein, shall begin with the approval of this act and its taking effect, as provided by law.

or.

"The members of the State Capitol Commission shall hold their offices until the completion of said State Capitol building or until removed by the Governor, as provided herein. Said Commissioners shall each give bond with one or more surety companies authorized to do business in this State as sureties, in the sum of twenty-five thousand dollars ($25,000) for the faithful performance of the duties of their said offices; said bonds to be approved by the Governor. The members of the commission shall elect a vicechairman to preside and act in the absence of the GovernThe Governor shall preside at all meetings of the Commission, sign its minutes and records, and perform the usual and customary duties of said position of chairman. Any member of the commission may be removed by the Governor for cause to be determined by him, and when any such order of removal is executed and filed with the secretary of the Commission and with the Secretary of State, such order shall be final. In the event of vacancy in the office of Commissioner, the Governor may fill said vacancy by a temporary appointment; said appointment to hold until the next session of the Legislature and until a successor is elected and qualified. Any such vacancy shall be filled by a person of the same political party as the person whose removal, resignation or death caused such vacancy. Said Commission shall maintain its office as provided herein and hold its sessions at the seat of government, and shall meet there as often as the business of the commission shall require. A majority of said commission and the Governor shall constitute a quorum for the transaction of its business. Each commissioner shall receive a salary of three thousand dollars ($3,000.00) per annum, payable monthly, and shall be allowed re-imbursement for all railroad fare actually incurred and for all hotel and

traveling expenses actually expended in carrying out the purpose of this act when away from the seat of government; said items of salary and expense shall be audited and allowed by the commission, and approved by the Governor, against the appropriation for the construction of the state capitol provided therefor. The salary of the Commissioners shall terminate and the office of the commission shall be closed fifteen days after the letting of the contract or contracts or part of contract for the construction of the capitol building; provided, that after said date the compensation of the members of the said commission shall be ten dollars ($10.00) per day for the time in actual service in attendance upon the sessions of the com-, mission upon call of the Governor and expenses actually incurred as provided herein; provided further, that the term of office of the Commissioners shall terminate upon the acceptance of the said capitol building by the said State Capitol Commission."

Section 2.

Section 4 of chapter 220, of the Session Laws of Oklahoma, 1913, is hereby amended to read as follows:

May Contract-Bids-Payments-Records.

"Section 4. The Commission is authorized and directed in the name of the state to make and execute after said plans have been adopted, contract or contracts in writing for the construction of the entire building by a contractor, individual or corporation, who may undertake the whole work, or the commission may divide the work into appropriate classes and make separate contracts as to either of them as it may deem most advisable and for the best interest of the state, or may adopt and carry out other plans for the building of said state capitol. All contracts for the construction of said building or for designated classes of the work thereof shall be let to the lowest and best bidder therefor. No contract exceeding in amount the sum of one thousand dollars ($1,000.00) shall be let un

less sealed bids therefor be advertised in two daily newspapers of general circulation in this state, one of said papers to be published outside of Oklahoma county; the first publication thereof to be not less than thirty days before the day on which the bids are to be opened; a duplicate copy of said bids shall be filed with the Secretary of State to be opened only by the Legislature or a duly authorized committee of the Legislature. All bids received by the Commission may be rejected by it. All contracts for the construction of said building or classes of work thereof or for material and labor shall be in writing and shall be signed by the contractor and by the Governor before it is a completed contract, and then be attested by the Secretary with the seal of the Commission and thereafter filed with the Secretary of State. All contracts with the builders, architects, superintendent, and material men shall reserve the right of the commission, for good cause shown, to cancel the contract, and the Commission shall, in that event, make allowance for expenses incurred and labor performed, but shall make no allowance for damages. Such per cent not less than fifteen, as in its judgment the commission shall deem proper, shall be reserved from payment on the monthly estimate on work contracted for until such contract or the portion thereof to which such payments are applicable shall have been completed, inspected and accepted by the commission. All materials contracted for shall be of the best quality and the buildings be constructed, in the discretion of the commission, with native Oklahoma granite, concrete, oolithic limestone, marble and stone, and preference shall be given to other Oklahoma material and to Oklahoma labor when the same of a suitable character can be obtained at reasonable market prices, and the directions, plans and specifications of the work shall be executed by skillful and reputable architects, contractors, artists, mechanics and laborers. Bonds for the faithful performance of all contracts shall be required by the commission to be executed to the state by the contrac

tor or contractors, and until such bond or bonds are executed and approved by the commission and so endorsed therein and delivered into its custody, said contract or contracts shall not be binding on either party thereto. All said bonds shall also be recorded at ful length on the minutes of the commission and shall then be filed in the office of the Secretary of State for preservation by him. All contracts, vouchers, files and papers relating to the building of said state capitol shall be kept and preserved by the commission, except as may herein otherwise be specified, until after the completion of said building, and shall then be delivered to the Secretary of State for preservation by him in his office. The Commission is authorized to make all contracts and agreements and employ all the aid and assistance, including the securing of ample and efficient labor and adopt all means appropriate for carrying out the purposes and objects of this act."

Superintendent-Duties-Salary.

Section 3. Section 6 of chapter 220 of the Session Laws of Oklahoma, 1913, is hereby amended to read as follows:

"Section 6. The commission shall appoint a practical builder or other specially qualified person to act as superintendent of the construction of said capitol building and may in their discretion contract with the architects for additional services to those provided for in section 2 of chapter 220 of the Session Laws of Oklahoma, 1913. It shall be his duty to see that all contracts made with the commission are faithfully performed, and that all material furnished and work done shall be such as is required by law or the contract therefor, and that all duties imposed upon the architects are faithfully performed by him and his subordinates, and that no provisions of the contract are violated. He shall report to the commission any violation of this act or of any contract or omission of duty by any architect, contractor or employee of said commission, and shall per