§ 501. Judge of small debtors' court to serve without pay; no attorney at law or other person than plaintiff and defendant allowed to concern himself with the litigation in the small debtors' court; judge may informally consult witnesses, etc., and give judgment. The judge of the small debtors' court provided for by this act shall serve without pay, fee or award; and no attorney at law or any other person than the plaintiff and defendant shall concern himself or intermeddle in any manner whatsoever with the litigation in the small debtors' court, nor shall it be necessary to summon witnesses, but the judge of the small debtors' court may informally consult witnesses or otherwise investigate the controversy between the parties, and in every case give judgment according to the very right of the cause. [G. S. 1915, § 3325.] § 502. Judge shall not entertain case when he believes plaintiff could, without serious financial embarrassment, resort to other courts provided by law. If the judge of the small debtors' court believes that the plaintiff can, without serious financial embarrassment to himself, or to those dependent upon him, resort to the court of a justice of the peace, or a city court, or any other tribunal provided by law, he shall not entertain the plaintiff's cause in the small debtors' court. [G. S. 1915, § 3326.] § 503. Act supplemental to existing legislation. This act shall only be considered as supplemental to existing legislation. [G. S. 1915, § 3327.] CHAPTER 38.-STREET RAILWAYS AND INTER- $504. Unlawful to operate street or inter- 505. Every such street or interurban car company, etc., to provide cars with toilet facilities for use of employees and passengers; public utilities commission to strictly enforce provisions of section. acts $506. Penalty for failure of officer, owner or manager, etc., to comply with two preceding sections; leemed a violation of this act. 507. Repeal of Laws of 1897, ch. 172. LAWS OF 1909, CH. 195, AS AMENDED BY LAWS OF 1915, CH. 285, AND LAWS OF 1917, CH. 255. AN ACT for the protection of health and safety of passengers and employees operating street and interurban cars, providing inclosed vestibules, properly heated, and seats for the use of motormen on street and interurban cars, and providing for toilet facilities on the cars or along the right of way, and providing penalties for the violation thereof, and repealing chapter 172, Laws of 1897, being sections 5959, 5960, of the General Statutes of 1901. § 504. Unlawful to operate street or interurban cars during certain months without inclosed vestibule for motorman or person operating propelling power; vestibule to be heated; seat to be provided for use of motorman; use of such seat under reasonable restrictions. That it shall be unlawful for any street or interurban car company, or other person, association, or corporation, who own, control or operate any street or interurban car system in whole or in part within the state of Kansas, to *For acts concerning the construction and maintenance of trolley wires over railway tracks and the crossing of railway tracks by street cars, see ch. 36, art. 18 (§§ 481, 482, ante), and art. 21 (§§ 489-491, ante). Concerning removal of journal brass from electric cars, see ch. 36, art. 13 (§§ 468, 469, ante.) run or operate its cars in the regular service of carrying passengers during the months of November, December, January, February and March, without first providing an enclosed vestibule, which shall provide a sufficient shelter for the motorman or other employee used to operate the propelling power on said car. The vestibule provided for the motorman or other employee used to operate the propelling power on said car shall be heated at all times in the same manner and to the same degree of heat which shall not be less than is healthful and comfortable as the interior of said car. And it is further provided that a seat shall be furnished for the use of the motorman on said car or cars and said motorman shall be permitted to use the same, under reasonable restrictions by said company, when the use of the same will not interfere with the proper performance of his duty. [G. S. 1915, § 8702, as amended by Laws 1917, ch. 255, § 1; April 5.] § 505. Every such street or interurban car company, etc., to provide cars with toilet facilities for use of employees and passengers; public utilities commission to strictly enforce provisions of section. That every such street or interurban car company, or other person, association or corporation, who own, control or operate any street or interurban car system, in whole or in part within the state of Kansas, shall provide and maintain proper toilet facilities on said interurban cars for the use of its employees and passengers to which such employees and passengers shall have access. It is hereby made the duty of the public utilities commission to strictly enforce the provisions of this section. [G. S. 1915, § 8703.] § 506. Penalty for failure of officer, owner or manager, etc., to comply with two preceding sections; acts deemed a violation of this act. Every corporation, officer, owner or manager of any such street or interurban car company who shall fail or refuse to comply with 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 five dollars nor more than twenty-five dollars for each offense, and the operation of a car at any one time during any one day in violation of sections 1 or 2 shall be deemed a violation of this act. [G. S. 1915, § 8704.] "Sections 1 or 2," mentioned herein, are §§ 504, 505, supra. § 507. Repeal of Laws of 1897, ch. 172. Chapter 172, Laws of 1897, the same being sections 5959 and 5960 of the General Statutes of 1901, are hereby repealed. [G. S. 1915, § 8705.] 12-Labor-1725. CHAPTER 39.-SUNDAY LABOR. §508. Penalty for laboring or compelling other persons to labor or perform any work on Sunday; household offices of daily necessity or other works of necessity, etc., excepted. 509. Exception as to persons observing other day of week as Sabbath than Sunday, and ferrymen. §510. Penalty for exposing to sale any goods, wares or merchandise, or keeping open any grocery, etc., on Sunday. 511. Exception as to sale of drugs or medicines, provisions, or other articles of immediate necessity. GENERAL STATUTES OF 1868, CH. 31. § 508. Penalty for laboring or compelling other persons to labor or perform any work on Sunday; household offices of daily necessity or other works of necessity, etc., excepted. Every person who shall either labor himself or compel his apprentice, servant or any other person under his charge or control to labor or perform any work other than the household offices of daily necessity, or other works of necessity or charity, on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and fined not exceeding twenty-five dollars. 1915, § 3661.] [G. S. This section held valid. The State v. Nesbit, 8 K. A. 104. § 509. Exception as to persons observing other day of week as Sabbath than Sunday, and ferrymen. The last section shall not extend to any person who is a member of a religious society by whom any other than the first day of the week is observed as the Sabbath, so that he observes such Sabbath, nor to prohibit any ferryman from crossing passengers on any day in the week. [G. S. 1915, § 3662.] § 510. Penalty for exposing to sale any goods, wares or merchandise, or keeping open any grocery, etc., on Sunday. Every person who shall expose to sale any goods, wares or merchandise, or shall keep open any ale or porter house, grocery or tippling-shop, or shall sell or retail any fermented or distilled liquor, on the first day of the week, commonly called Sunday, shall on conviction be adjudged guilty of a misdemeanor, and fined not exceeding fifty dollars. [G. S. 1915, § 3664.] § 511. Exception as to sale of drugs or medicines, provisions, or other articles of immediate necessity. The last section shall not be construed to prevent the sale of any drugs or medicines, provisions, or other articles of immediate necessity. [G. S. 1915, § 3665.] ETC. CHAPTER 40.-UNION LABELS, TRADE-MARKS, ETC.* $512. Unlawful to counterfeit or imitate any label, trade-mark or form of 513. Penalty for using any counterfeit or $515. Association or union adopting label, etc., may enjoin manufacture, use, display or sale of counterfeits or imitations; damages to be awarded to complainant; defendants required to pay profits derived from such wrongful manufacture, etc.; disposition of counterfeits or imitations in possession of defendant. 516. Penalty for unauthorized use or display of genuine label, trade-mark, etc.; suits commenced and prosecuted by officer or member when association or union not incorporated. 517. Penalty for using name or seal of or association or union LAWS OF 1891, CH. 213. officer AN ACT to protect associations and unions of workingmen in their labels, trade-marks, and forms of advertising. § 512. Unlawful to counterfeit or imitate any label, trade-mark or form of advertisement adopted by any association or union of workingmen for their protection; penalty for violation of section. Whenever any association or union of workingmen have adopted or shall hereafter adopt for their protection any label, trade-mark, or form of advertisement, announcing that goods to which [such] label, trade-mark or form of advertisement shall be attached were manufactured by a member or members of such association or union, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark or form of advertisement. Every person violating this section shall upon conviction be punished by imprisonment in the county jail for not less than three months or more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both fine and imprisonment. [G. S. 1915, § 11654.] § 513. Penalty for using any counterfeit or imitation of any label, trade-mark or form of advertisement of any such union or association. Every person who shall use any counterfeit or imitation of any label, trade-mark or form of advertisement of any such union or association, knowing the same to be counterfeit or imitation, shall be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both. [G. S. 1915, § 11655.] § 514. Such association or union may file label, trade-mark or form of advertisement in office of secretary of state; counterparts or facsimiles; certificate of such record; fee; certificates sufficient proof of adoption of such label, etc., in all suits and prosecutions under this act. Every such association or union that has heretofore adopted or shall hereafter adopt a label, trade-mark or form of advertisement as aforesaid may file the same for record in the office of the secretary of state by leaving two *For reference to acts relating to membership in labor organizations, which acts have been declared unconstitutional and void, see § 64, ante. copies, counterparts or facsimiles thereof with the secretary of state. Said secretary shall deliver to such association or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of one dollar. Such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trade-mark, or form of advertisement, and of the right of said union or association to adopt the same. [G. S. 1915, § 11656.] § 515. Association or union adopting label, etc., may enjoin manufacture, use, display or sale of counterfeits or imitations; damages to be awarded to complainant; defendants required to pay profits derived from such wrongful manufacture, etc.; disposition of counterfeits or imitations in possession of defendant. Every such association or union adopting a label, trade-mark or form of advertisement as aforesaid may proceed by suit to enjoin the manufacture, use, display or sale of any such counterfeits or imitations; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award the complainant in such suit such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed just and reasonable, and shall require the defendants to pay to such association or union the profits derived from such wrongful manufacture, use, display, or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. [G. S. 1915, § 11657.] § 516. Penalty for unauthorized use or display of genuine label, trademark, etc.; suits commenced and prosecuted by officer or member when association or union not incorporated. Every person who shall use or display the genuine label, trade-mark or form of advertisement of any such association or union in any manner not authorized by such association or union shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by a fine of not less than one hundred dollars, or both. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union. [G. S. 1915, § 11658.] § 517. Penalty for using name or seal of association or union or officer thereof without authority. Any person or persons who shall in any way use the name or seal of any such association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both. [G. S. 1915, § 11659.] |