the provisions of section 3 of this act shall be deemed guilty of a misdemeanor, and shall be fined in a sum of not less than, one dollar nor more than ten dollars for each violation of said section 3. [G. S. 1915, § 6334.] "Section 3 of this act," mentioned herein, is § 384, supra. § 386. Repeal of acts in conflict herewith. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. [G. S. 1915, § 6335.] ARTICLE 15.-Telephone Systems in Coal Mines. $387. Unlawful to operate or permit to be operated any coal mine not equipped with party line telephone system. 388. Number of telephones to be included in such system of party line telephones; places where such telephones shall be located in and about such mine. 389. Telephones may be removed from worked-out portion of mine. 390. Danger signal or alarm; duty of drivers, motormen and trip-riders to notify others; every person re ceiving signal to coöperate in giv ing notice to others. $391. Penalty for willful neglect or refusal to obey requirements of act, willfully giving false danger signal or tampering with or destruction of appliances. 392. Penalty for refusal or neglect of corporation, company, owner, lessee, etc., to comply with provisions of act; each day mine so operated to constitute a separate offense. LAWS OF 1911, CH. 221. AN ACT to promote the protection and safety of life and limb of employees in coal mines, and providing penalties for the violation thereof. § 387. Unlawful to operate or permit to be operated any coal mine not equipped with party line telephone system. On and after November 1, 1911, it shall be unlawful for any corporation, company, owner, lessee, officer, or agent to operate or permit to be operated any coal mine within the state of Kansas, not equipped with a party line telephone system as hereinafter provided. [G. S. 1915, § 6336.] § 388. Number of telephones to be included in such system of party line telephones; places where such telephones shall be located in and about such mine. There shall be a system of party line telephones which shall include one telephone on the surface not to exceed one hundred feet from the tipple, and one at the bottom of the shaft not to exceed one hundred feet therefrom, or, in slope or drift mines at the first cross-entry from the mouth of slope or `drift; and in addition thereto, there shall be one telephone in the main entry on each side of the mine not to exceed 1000 [feet] from the bottom of the hoisting shaft, slope or drift; and there shall be additional telephones installed thereafter in the main entry on each side of the mine at a point not to exceed one thousand feet from last phone installed: Provided, That if cross-entries are used in development in place of main entries, this regulation shall apply thereto: And provided further, That when main entries reach the land line, or extreme point of development at a distance of more than six hundred feet from last telephone installed in such entry, then an additional telephone shall be installed at last cross-entries. [G. S. 1915, § 6337.] § 389. Telephones may be removed from worked-out portion of mine. Telephones may be removed in the development of any mine, from any worked-out portion thereof. [G. S. 1915, § 6338.] § 390. Danger signal or alarm; duty of drivers, motormen and tripriders to notify others; every person receiving signal to cooperate in giving notice to others. In case of a danger signal or alarm being given, it shall be the duty of all drivers, motormen and trip-riders, to notify all other drivers, mortormen, trip-riders or miners from whom they haul coal, and it shall be the duty of every person in the mine receiving such danger signal to coöperate in giving notice thereof to all other persons in the mine. [G. S. 1915, § 6339.] § 391. Penalty for willful neglect or refusal to obey requirements of act, willfully giving false danger signal or tampering with or destruction of appliances. Any willful neglect or refusal to obey the requirements or provisions of this act, or willfully giving a false danger signal, or tampering with or destruction of any of the appliances required by the provisions of this act, shall be deemed a misdemeanor, punishable by a fine of not less than fifty dollars and not to exceed two hundred dollars, or by imprisonment in the county jail not exceeding three months, or both, in the discretion of the court. [G. S. 1915, § 6340.] § 392. Penalty for refusal or neglect of corporation, company, owner, lessee, etc., to comply with provisions of act; each day mine so operated to constitute a separate offense. If any corporation, company, owner, lessee, officer or agent shall refuse or neglect to comply with the provisions of this act, they shall be deemed guilty of a misdemeanor punishable by a fine of not less than one hundred dollars for each offense, or by imprisonment in the county jail not less than six months, or by both such fine and imprisonment, and each day that any mine is operated in violation of the provisions of this act shall constitute a separate offense. [G. S. 1915, § 6341.] ARTICLE 16.-Weighing of Coal at the Mine. $393. Unlawful for mine-owner, etc., employing miners at bushel or ton rates, etc., to pass coal over screen, etc., before same is weighed and credited to employee and accounted for at legal rate of weights. 394. Weighman to subscribe oath or affirmation; substance of oath or affirmation; to be posted in weighoffice; penalty for violations of provisions of act. 395. Miners may employ a check-weighman at their own expense; rights and privileges of such checkweighman; subject to same oath and penalties as regular weigh man. 396. Penalty for having or using any scale or scales for fraudulent weighing or for resorting to any means to prevent coal from being correctly weighed and reported. $397. Contracts, agreements, etc., waiving, 399. Secretary of mine industries ex- LAWS OF 1893, CH. 188. AN ACT to regulate the weighing of coal at the mine. § 393. Unlawful for mine-owner, etc., employing miners at bushel or ton rates, etc., to pass coal over screen, etc., before same is weighed and credited to employee and accounted for at legal rate of weights. It shall be unlawful for any mine-owner, lessee or operator of coal mines in this state, employing miners at bushel or ton rates or other quantity, to pass the output of coal mines by said miners over any screen or other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employees and accounted for at the legal rate of weights as fixed by the laws of Kansas. [G. S. 1915, § 6348.] § 394. Weighman to subscribe oath or affirmation; substance of oath or affirmation; to be posted in weigh-office; penalty for violation of provisions of act. The weighman employed at any mine shall subscribe an oath or affirmation, before a justice of the peace or other officer authorized to administer oaths, to do justice between employer and employee, and to weigh the output of coal from mines in accordance with the provisions of section one of this act. Said oath or affirmation shall be kept conspicuously posted in the weigh-office, and any weigher of coal or persons so employed who shall knowingly violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offense, or by imprisonment in the county jail for a period not to exceed thirty days, or by both such fine and imprisonment. [G. S. 1915, § 6349.] § 395. Miners may employ a check-weighman at their own expense; rights and privileges of such check-weighman; subject to same oath and penalties as regular weighman. The miners employed by or engaged in working for any mine-owner, operator or lessee in this state shall have the privilege, if they so desire, of employing at their own expense a check-weighman, who shall have like rights and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. [G. S. 1915, § 6350.] § 396. Penalty for having or using any scale or scales for fraudulent weighing or for resorting to any means to prevent coal from being correctly weighed and reported. Any person or persons having or using any scale or scales for the purpose of weighing the output of coal at mines, so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatever by reason of which such coal is not correctly weighed, and reported in accordance with the provisions of this act, shall be deemed guilty of a misdemeanor, and shall upon conviction for each offense be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or `by imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment. [G. S. 1915, § 6351.] § 397. Contracts, agreements, etc., waiving, modifying or annulling provisions of § 393, supra, void and of no effect; coal sent to surface shall be accepted or rejected; weighed, etc., when accepted; right of action not to be invalidated. Any provisions, contract or agreement between mineowners or operators thereof and the miners employed therein whereby the provisions of section 1 of this act are waived, modified, or annulled, shall be void and of no effect; and the coal sent to the surface shall be accepted or rejected, and if accepted shall be weighed in accordance with the provisions of this act; and right of action shall not be invalidated by reason of any contract or agreement. [G. S. 1915, § 6352.] § 398. Provisions of act to apply to loaders in mines where mining done by machinery; contract to load by bushel, ton, etc.; output to be weighed in accordance with provisions of this act. The provisions of this act shall also apply to the class of workers in mines known as loaders, engaged in mines wherein mining is done by machinery. Whenever the workmen are under contract to load coal by the bushel, ton, or any quan tity the settlement of which is had by weight, the output shall be weighed in accordance with the provisions of this act. [G. S. 1915, § 6353.] LAWS OF 1903, CH. 544. AN ACT making the secretary of mine industries inspector of weights, measures and scales at coal mines, and defining his powers and duties, and repealing all acts or parts of acts inconsistent herewith. § 399. Secretary of mine industries ex officio inspector of weights, measures and scales; testing of scales; call attention of mine-owner, etc., to defects, etc.; penalty for refusing to allow inspector or deputies to test scales or for failure to put such scales in proper adjustment, etc.; duty of prosecuting attorneys. That the secretary of mine industries of the state of Kansas shall be ex officio inspector of weights, measures and scales used at coal mines, and he or his deputies are hereby empowered, and it shall be his or their duty, to test the scales used to weigh coal mined in the mines of this state at least once every six months, to ascertain whether or not such scales correctly measure the weight of such coal; and if defects or irregularities are found in such scales which prevent correct weights and measurements, the inspector shall call the attention of the mine-owner, agent or operator to said defects, and direct that the same be at once properly adjusted and corrected. If the owner, agent or operator of any coal mine in this state shall refuse to allow such inspector or his deputies to properly test the scales used at such mine or mines, or shall fail or refuse to put such scales in proper adjustment and condition, so that the same shall correctly weigh the coal mined, after being notified by said inspector or his deputy so to do, such owner, agent or operator shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars, or be confined in the county jail not exceeding six months, or both, in the discretion of the court; and it shall be the duty of the prosecuting attorneys in the respective counties to prosecute any person, firm or corporation violating the provisions of this section, the same as in other misdemeanor cases. [G. S. 1915, § 6354.] The act providing for secretary of mine industries (Laws 1898, ch. 33) provided that the duties, etc., of the state mine inspector should devolve upon such secretary. The office of such secretary was abolished by Laws 1913, ch. 217, creating a department of labor and industry, which provides that the commissioner of labor and industry shall be ex officio state mine inspector. (See § 165, ante.) CHAPTER 27.-MISDEMEANORS, JURISDICTION. $ 400. Original jurisdiction of justices of the peace in misdemeanors; concurrent with district court; limit of fine or imprisonment. PART OF GENERAL STATUTES OF 1868, AS AMENDED BY LAWS OF 1869, CH. 61. AN ACT regulating the jurisdiction and procedure before justices of the peace in cases of misdemeanor. § 400. Original jurisdiction of justices of the peace in misdemeanors; concurrent with district court; limit of fine or imprisonment. Justices of the peace shall have concurrent original jurisdiction with the district court, coextensive with their respective counties, in all cases of misdemeanor in which the fine cannot exceed five hundred dollars and the imprisonment cannot exceed one year, except as otherwise provided by law [G. S. 1915, § 8298.] Party brought before justice charged with misdemeanor may demand trial. In re Donnelly, Petitioner, dc., 30 K. 191. District court may try defendant for misdemeanor without preliminary hearing. The Trial before justice for misdemeanor; state cannot treat as preliminary. In re Donnelly, Petitioner, &c., 30 K. 424. Jurisdiction where several offenses charged; each offense within jurisdiction. In re Macke, Petitioner, 31 K. 54. Refusal of district judge to take cognizance of complaint considered. The State v. Forbriger, 34 K. 6. Information filed for misdemeanor in district court in vacation. In re Eddy, Petitioner, 40 K. 592. CHAPTER 28.-MOTHER'S AID. $401. Persons to whom commissioners may pay annual allowance; persons entitled to "mother's aid"; duty of county commissioners to pay allowance or pension; amount; mother to file application for mother's aid; matters to be set forth in such application; verification; supported by affidavit of two disinterested householders; investigation by three reputable women and report to board; order finding and determining facts and fixing amount necessary for county to contribute; payment to mother for child or children; temporary increase or decrease of payments; supplies may be given instead of money. $402. Certified copy of findings and order of commissioners to be filed with county clerk; duty of clerk to draw warrant each month; warrants delivered to persons desig nated; duplicate receipts; county treasurer to pay warrants out of general revenue fund; act not to repeal other acts relating to poor; unlawful for attorney to receive fee for proceedings. 403. Board of county commissioners to have jurisdiction of all cases under this act. 404. Repeal of Laws of 1915, ch. 261, § 1. LAWS OF 1915, CH. 261, AS AMENDED BY LAWS OF 1917, CH. 138. AN ACT to amend chapter 261 of the Session Laws of 1915, the same being an act to amend section 6624 of the General Statutes of 1915 relating to the poor, for the relief of widows and dependent children, and repealing said original section. § 401. Persons to whom commissioners may pay annual allowance; persons entitled to "mother's aid"; duty of county commissioners to pay allowance or pension; amount; mother to file application for mother's aid; matters to be set forth in such application; verification; supported by affidavit of two disinterested householders; investigation by three reputable women and report to board; order finding and determining facts and fixing amount necessary for county to contribute; payment to mother for child or children; temporary increase or decrease of payments; supplies may be given instead of money. That the board of county commissioners, may, in their discretion, allow and pay to poor persons who may become chargeable as paupers, and who are of mature years and sound mind, and who from their general character will probably be benefited thereby, and also the parents of idiots, and of children otherwise helpless requiring the attention of their parents and who are unable to provide for said children themselves, such annual. allowances as will not exceed the charge of their maintenance in the ordinary mode, the said board taking the usual amount of charges in like cases as the rule for making such allowance: Provided, That in any case where the mother of any child or children under the age of sixteen (16) years shall have the sole care and custody of such child or children by reason of such mother being a widow, divorced, or by reason of the husband of such mother being physically or mentally unable to earn a living for himself and family, or by reason of his being lawfully confined in any penal or other state institution, or by reason of the husband of such mother having at all times for three months |