§ 484. Penalty for violation of any provision of this act. That any person, firm or corporation or receiver owning or operating any railroad in whole or in part in the state of Kansas, violating any provision of this act shall be deemed guilty of a misdemeanor and fined in the sum of not less than one hundred dollars nor more than five hundred dollars, for each offense. [G. S. 1915, § 8573.] § 485. Person manipulating or tampering with switch stand, target, lights, etc., for purpose of misleading train crews guilty of misdemeanor; punishment; felony where death or great bodily injury results; punishment. That any person who shall manipulate or tamper with any switch stand, target, switch light or light controlling the movement of trains, for the purpose of misleading or deceiving engineers, firemen or train crews shall be deemed guilty of a misdemeanor and fined in a sum not less than three hundred dollars and not to exceed one thousand dollars: Provided, That in case an unlawful act shall result in causing death or great bodily injury to any person or persons it shall be deemed a felony and shall be punishable by imprisonment at hard labor in the state penitentiary for a period not less than one year nor more than twenty-five years. [G. S. 1915, § 8574.] ARTICLE 20.-Way Cars or Cabooses, Size and Construction. §486. Corporations and persons to which $488. Corporation or person violating act act shall apply. 487. Specifications for way cars or ca booses which shall be purchased, deemed guilty of misdemeanor; penalty; recovery of penalty in suit or suits brought by attorneygeneral; duty of attorney-general to bring suit. LAWS OF 1917, CH. 261. AN ACT to promote the safety of travelers and to protect the lives and limbs of railroad employees by regulating the size and construction of cars commonly called way cars or cabooses, and prescribing penalties for the violation thereof. § 486. Corporations and persons to which act shall apply. That the provisions of this act shall apply to any corporation or any person or persons while engaged as common carriers in the transportation by railroad of passengers or property within the state, to which the regulative power of this state demands. [Laws 1917, ch. 261, § 1; May 26.] § 487. Specifications for way cars or cabooses which shall be purchased, built or rebuilt for use within the state of Kansas; act not applicable to passenger or combination passenger and baggage cars. That hereafter when any corporation or any person or persons engaged as common carriers in the transportation by railroad of passengers or property within this state shall purchase new way cars or cabooses, or shall build new way cars or cabooses, or shall rebuild new way cars or cabooses, now in service within the state of Kansas, the same shall be constructed as follows: Such way cars or cabooses shall be at least twenty-four feet in length, exclusive of end platforms, and equipped with two trucks of not less than four wheels each, and shall be provided with metal center channel sills or steel underframe, or shall be of the constructive strength equal to that of a thirty-ton capacity freight car, and shall be provided with a door in each end thereof, and an outside platform across each end of said car; each platform shall not be less than twenty inches in width, and shall be equipped with proper guard rails and grab irons and steps. The steps shall be equipped with a suitable rod, board or other guard at each end, and at the back thereof. The caboose shall not be less than eleven feet in height from the rail, with cupola and necessary closets and windows: Provided, This and following sections shall not apply where such car so used for a way car or caboose car is a passenger car or a combination passenger and baggage car. [Laws 1917, ch. 261, § 2; May 26.] § 488. Corporation or person violating act deemed guilty of misdemeanor; penalty; recovery of penalty in suit or suits brought by attorney-general; duty of attorney-general to bring suit. Any corporation or any person or persons engaged as common carriers in the transportation of passengers or property violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars or more than three hundred dollars for each offense, to be recovered by a suit or suits brought by the attorney-general of the state, and it shall be the duty of the attorneygeneral to bring such suit upon information being lodged with him upon such violation having occurred. [Laws 1917, ch. 261, § 3; May 26.] ARTICLE 21.-Wires Crossing Tracks of Railroad.* $489. Rules and regulations for stringing of wires for transmission of tele- height of such wires from the tops of the rails. $490. Complaint to public utilities commission by interested parties that rules and regulations are being violated, etc.; investigation by commission; order for placing of wires, etc. 491. Sections repealed by this act. LAWS OF 1917, CH. 252. AN ACT relating to the stringing of wires along and across highways and at railroad crossings, giving the public utilities commission certain power thereover, and repealing sections 833, 8450 and 8451 of the General Statutes of 1915, and all acts and parts of acts in conflict herewith. § 489. Rules and regulations for stringing of wires for transmission of telegraph or telephone messages or for transmission of electricity; interference with wires of other utility; duty of public utilities commission; stringing of wires which cross over or under tracks of railroad company; minimum height of such wires from the tops of the rails. All public utilities owning or operating wires for the transmission of telegraph or telephone messages or for the transmission of electricity upon, along, or across the streets, highways or public places in this state are required to so use, string and maintain such wires as to avoid unreasonable injury or interference from the wires of other utilities and to avoid unreasonable injury to and interference with the wires of other utilities, and the public utilities commission is given the power, and it is hereby made its duty, to prescribe reasonable rules and regulations with respect to the stringing and maintaining of wires in all cases where there is danger or possibility of unreasonable interference with or damage to the wires or service of one utility by those of another utility and with respect to the support, maintenance, repair and reconstruction thereof, which rules shall be furnished to any interested person upon application to the public utilities commission, and the public utilities commission is given the power, and it is hereby made its duty to prescribe reasonable rules and *For other act concerning construction and maintenance of trolley and electric wires over railway tracks, see art. 18 (§§ 481, 482, ante). regulations with respect to the stringing of wires, electric or otherwise, which cross over or under the tracks of any railroad company and with respect to the support, maintenance, repair and reconstruction thereof, which rules shall be furnished to any interested person upon application; but in no case shall the height of any wires which cross above the tracks of a railway company be less than twenty-five feet from the top of the rails, except trolley and feed wires of electric railroads, which wires shall be not less than twenty-two feet above the tops of the rails. [Laws 1917, ch. 252, § 1; March 13.] § 490. Complaint to public utilities commission by interested parties that rules and regulations are being violated, etc.; investigation by commission; order for placing of wires, etc. If complaint shall be made to the public utilities commission by any interested parties that any such wires are not properly placed or not securely supported, or that the rules and regulations of the public utilities commission with respect thereto are being violated, it shall be the duty of the public utilities commission to cause an investigation of such complaint to be made, and if it finds the complaint to be true, to make the necessary orders for the placing of such wires and the support thereof. [Laws 1917, ch. 252, § 2; March 13.] § 491. Sections repealed by this act. Sections 833, 8450 and 8451 of the General Statutes of 1915, and all acts and parts of acts in conflict herewith, are hereby repealed. [Laws 1917, ch. 252, § 3; March 13.] CHAPTER 37.-SMALL DEBTORS' COURTS. §492. Small debtors' court; need for establishment; purpose of court; establishment by county commissioners or mayor and council or city commission of city; resolution or ordinance; appointment of judge of such court. $499. Judgment conclusive on plaintiff; 502. Judge shall not entertain case when 503. Act supplemental to existing legislation. LAWS OF 1913, CH. 170. AN ACT providing for the creation of small debtors' courts, and defining their powers, jurisdiction and procedure. § 492. Small debtors' court; need for establishment; purpose of court; establishment by county commissioners or mayor and council or city commission of city; resolution or ordinance; appointment of judge of such court. That whenever it is made to appear to the satisfaction of any board of county commissioners, or to the mayor and council or city commission of any city, that there is need for the establishment of a small debtors' court in such county or city for the administration of justice concerning the collection of small sums for wages, work or labor, or other small debts, such board of county commissioners may establish a small 'debtors' court of the county, and the mayor and council or city commission may establish a small debtors' court of such city, by resolution of the board of county commissioners or by ordinance of such city; and such small debtors' court shall be under the jurisdiction of a judge of such small debtors' court. The board of county commissioners shall appoint the judge of the small debtors'. court of the county, the mayor of any city, by and with the consent of the city council, or city commission, shall appoint the judge of the small debtors' court of such city. [G. S. 1915, § 3316.] § 493. Person who shall be selected as judge; term of office; city or county to furnish stationery, postage, a docket and a telephone. It shall be the duty of the appointing power-the board of county commissioners or the mayor-to select as judge of such small debtors' court some reputable resident citizen of approved integrity who is sympathetically inclined to consider the situation of the poor, friendless, and misfortunate, and he shall hold his office during the pleasure of the appointing power for a term not exceeding four years, and until his successor is appointed and qualified. And it shall be the duty of the appointing power to provide the judge of the debtors' court with stationery, postage, a docket, and a telephone. [G. S. 1915, § 3317.] § 494. Where judge shall hold court. The judge of the small debtors' court may hold his court in his own home, or in his own office or place of business, or at some place provided by the power appointing him. [G. S. 1915, § 3318.] § 495. Jurisdiction of small debtors' court; jurisdiction where court established in county and in city in same county. The judge of the small debtors' court shall have jurisdiction of all small debts and accounts, not exceeding twenty dollars, but only in cases where the defendant resides in his jurisdiction; and the jurisdiction of the county debtors' court shall be coextensive with the county, but the small debtors' court of the county shall not have jurisdiction in any city where there is a small debtors' court established in such city; and the judge of the small debtors' court of the city shall have jurisdiction coextensive with his city. [G. S. 1915, § 3319.] § 496. Showing to be made by plaintiff before judge shall entertain suit; inability to employ a lawyer and invoke jurisdiction of other courts. Before the judge of the small debtors' court shall entertain any suit, the plaintiff must show to the satisfaction of the court that his financial means are so limited that he cannot with justice to himself, or to those dependent upon him, employ a lawyer and invoke the jurisdiction of any of the other courts provided by law. [G. S. 1915, § 3320.] § 497. Commencement of suit; plaintiff must appear in person and state cause orally; docket entry; how defendant may be summoned; hearing; judgment; no costs assessed or charged. Before entertaining any suit in such small debtors' court, the plaintiff must appear before the judge of the small debtors' court personally, except in cases of sickness or physical disability, and state his cause orally, and if the judge of the small debtors' court believes that the plaintiff has a cause of action he shall docket the same by an entry in his docket, and shall summon the defendant orally, or by United States mail, or by telephone, and try the cause considerately and summarily and give judgment thereon. But no costs shall be assessed or charged to either party. [G. S. 1915, § 3321.] § 498. Defendant shall pay judgment forthwith or upon terms decreed by judge. If the judgment be against the defendant, it shall be his duty to pay the same forthwith, or upon such terms as the judge of said court shall decree. [G. S. 1915, § 3322.] § 499. Judgment conclusive on plaintiff; defendant may appeal; attorney's fee allowed when case decided against defendant in district court; form of appeal; bond or deposit on appeal; appeal tried in district court without pleadings. The judgment of said court shall be conclusive upon the plaintiff. If the defendant is dissatisfied, he may appeal to the district court, and if final judgment is rendered against him in the district court, then he shall pay in addition to the judgment an attorney's fee to the plaintiff in the sum of fifteen dollars. The defendant's appeal may be in the following terms: "IN THE DISTRICT COURT OF "Comes now a citizen of COUNTY, KANSAS. county, Kansas, and ap dollars was awarded 19, in favor of - Appellant." peals from a decision of the small debtors' court of the county [or city] of wherein a judgment of against him on the day of Such appeal shall be accompanied by a bond to secure costs, or a cash deposit as provided by law in other cases in the district court, and such appeal shall be tried in the district court without pleadings. [G. S. 1915, $3323.] § 500. When defendant fails to pay judgment or appeal, judge shall certify judgment to clerk of district court; form of certificate; duty of clerk of district court to enter judgment on judgment record; execution on such judgment. If no appeal is taken by the defendant, and the defendant fails to pay the judgment according to the decree of said small debtors' court, it shall be the duty of the judge of the small debtors' court to certify the judgment to the clerk of the district court in substantially the following form: "TO THE CLERK OF THE DISTRICT COURT OF day of 19, wherein COUNTY, KANSAS: "This is to certify that in a certain action before me, the undersigned, on the was plaintiff and was defendant, and upon which cause I obtained jurisdiction of defendant by summoning him (personally, or by United States mail, or by telephone) and I there and then entered judgment in behalf of plaintiff in the sum of $ judgment has not been paid. Witness my hand this which The clerk of the district court shall enter such judgment on his judgment record, and execution may issue thereon as in other cases. [G. S. 1915, § 3324.] |