False Advertising-Misuse of Term "Bank."

Section 2. That section 272 of the Revised Laws of the state of Oklahoma, 1910, be and the same is hereby amended so as to read as follows:

"Section 272. It shall be unlawful for an individual, firm, association, or corporation to receive money upon deposit or transact a banking business except as authorized by the laws of the state of Oklahoma, or of the United States, or to use or advertise, in connection with an business other than the banking business, conducted under the banking laws of this state, the words: BANKER, BANKERS, INVESTMENT BANKER, or any other word or term calculated to deceive the public into belief that such person, firm, association or corporation, is engaged in the banking business. Any person, firm, association or corporation violating any of the provisions of this section, either individually or as an interested party, in any firm, association or corporation shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than three hundred dollars ($300.00), nor more than one thousand ($1,000.00), or by imprisonment in the county jail not less than thirty days nor more than one year, or by both such fine and imprisonment, and it is hereby made the duty of the Attorney General to enforce the provisions of this section; and in order to further prevent the violation of this section, any court of competent jurisdiction in this state is hereby authorized and empowered to grant an injunction and to appoint a receiver to take charge of the business and assets of any person, firm, association or corporation found guilty of violating the provisions of this section, and to make all necessary and proper orders to wind up such business and prevent a violation of this section."

Banking Board-Selection-Executive Council-Fees.

Section 3. That section 3, chapter 22, of the Session Laws of 1913, be and the same is hereby amended so as to read as follows:

"Section 3. The directors of each state bank shall have the authority to select a person to represent it in making recommendations to the Governor for the appointment of members of the Banking Board. Said persons selected by the board of directors of each of such state banks shall constitute the State Bankers' Association, and such Association shall select an execu

tive council of not less than nine, nor more than fifteen members, who shall recommend to the Governors the names of nine persons having qualifications in this Act prescribed for members, who shall recommend to the Governor the names of nine of the Banking Board. The Governor shall appoint said Banking Board from the names so submitted, said executive council shall have authority to collect annually from each and every corporation engaged in the banking business under the laws of this state a sum of money not exceeding fifty cents (50 cents) upon each one thousand dollars ($1,000.00) of the capital and surplus of such bank, and for the purpose of collecting said money the said executive council shall have authority and is hereby empowered to make such rules and regulations as in its judgment shall be necessary, and such assessment or assessments shall become a fixed indebtedness against such bank or banks, and may be collected by suit in the name of the Association."

Guaranty Fund Warrants-Bank Privilege.

Section 4. Any bank engaged in the banking business under the laws of the state of Oklahoma may invest in depositors' guaranty fund warrants that portion of its capital stock equal to its pro rata share of outstanding depositors' guaranty fund wararnts and its pro rata share of depositors' guaranty fund warrants issued after the passage and approval of this Act. The amount and extent to which any bank may so invest its capital stock shall be ascertained from time to time by the Banking Board; provided, however, that no bank organized under the laws of this state shall be permitted to invest more than ten per cent of its capital stock in such warrants, and any such bank, in addition to such investment of its capital, may invest all, or any part of its surplus, in depositors' guaranty fund warrants; provided, however, that nothing in this section shall be construed to exempt any bank operating under the banking laws of this state from paying in cash any assessment under the banking laws of the state of Oklahoma, or by the State Banking Board, pursuant to said laws.

Failed Banks Bank Commissioner Control-Rights of Surety Companies.

Section 5. On and after the passage and approval of this Act, in all cases where a surety company is compelled to pay, or voluntarily pays, a deposit of any state, county, municipal or other public funds for which it is liable in a failed bank,

operating under the banking laws of this state, such surety company shall be entitled to participate in a pro rata division of the proceeds of the assets of any such bank with the depositors' guaranty fund; and the Bank Commissioner shall have exclusive control of the administration and collection of the assets of failed banks, in which any part of the depositors' guaranty fund has been used for payment of depositors, until the depositors' guaranty fund is fully reimbursed and the Banking Board shall pay to such surety company its pro rata share of the proceeds of such assets from time to time as collections from such assets are made; and such surety company in writing a depository bond for any such bank specifically agrees to such administration and that the Bank Commissioners' jurisdiction shall be exclusive. All public deposits secured by surety company bonds or by the assets of any bank shall be included in the computations of average daily deposits as a basis for assessments for the depositors' guaranty fund.

Emergency.

Section 6. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 3, 1915.

CHAPTER 59.

CRIMES AND PUNISHMENT-FORTUNE TELLING.

(HOUSE BILL No. 81.)

AN ACT to prohibit fortune telling in the State of Oklahoma, providing a punishment therefor.

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

Fees Prohibited.

Section 1. It shall be unlawful for any person or persons, pretending or professing to tell fortunes by the use of any subtle craft, means or device whatsoever, either by palmistry, clairvoyance or otherwise, plying his or her trade, art or profession within the state of Oklahoma, to make any charge therefor either directly or indirectly or to receive any gift, donation or subscription by any means whatsoever for the same.

Penalty.

Section 2. Every person or persons violating the provisions of the foregoing section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, and by imprisonment in the county jail for a period of not less than thirty days nor more than six months. Approved March 3, 1915.

CHAPTER 60.

APPROPRIATION GAME PROTECTION FUND.

(SENATE BILL No. 58.)

AN ACT making an appropriation out of the game protection fund to pay the Wallace Evans Game Farm certain moneys due it for certain propagating game furnished to the State Game and Fish Warden of Oklahoma, and for certain express charges thereon prepaid by the said Wallace Evans Game Farm, and to pay Levy Brothers rent for space occupied in the Mercantile Building for April, May and June, 1913, and declaring an emergency.

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

Deficiency Appropriation-Propagation.

Section 1. The following sums of money are hereby appropriated out of any money in the State Treasury to the credit. of the game protection fund, not otherwise appropriated, or so much thereof as may be necessary, to pay the deficiencies for the support of the Department of State Game and Fish Warden for the period ending June 30, 1915, and itemized as follows: Wallace Evans, game farm, for purchase price of certain

pheasants, wild duck, geese, and other game birds furnished the State Game and Fish Warden in 1912 $ 843.50

Wallace Evans, game farm, for purpose of reimbursement for express charges prepaid on shipment of game in 1912

Levy Brothers, for rent of space occupied by State Game and Fish Warden in Mercantile building for April, May and June, 1913----.

Contingent fund of Game Warden's department.

107.59

300.00 850.60

Emergency.

Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 3, 1915.

CHAPTER 61.

CRIMES AND PUNISHMENT-FRAUDULENT Advertising.

(HOUSE BILL No. 281.)

AN ACT prohibiting fraudulent advertising and providing a penalty therefor.

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

Misrepresenting Wares-Penalty.

Section 1. That any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in this state, in a newspaper or other publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, known by him to be deceptive or misleading, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $10.00 nor more than $50.00 or by imprisonment in the county jail not exceeding twenty (20) days, or both such fine and imprisonment.

Approved March 3, 1915.