measure, balance or measuring device is found by any authorized inspector or sealer to be false or untrue or not of an approved type, or which does not conform to the standards, or which cannot be made to conform to the standards by such means as the said inspector or sealer may have at his disposal, he shall condemn the same and mark it condemned in a conspicuous manner, and such condemnation mark shall not be removed or defaced except by authorization of the said inspector or sealer.

SEC. 23. Any county clerk who neglects to keep the standards under his charge in good order or repair, or who suffers any of them through his neglect to be lost, damaged or destroyed, or who fails to perform any of the duties imposed upon him by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be subject to a fine of not less than ten dollars nor more than two hundred dollars.

SEC. 24. Each sealer of weights and measures, including the county clerks, shall receive fees as follows: One dollar for inspecting or sealing each platform scale, if weighing five thousand pounds or more, and fifty cents if weighing less than that amount, and shall be entitled to collect from the owner or custodian of such platform scales an amount sufficient to cover the cost of transporting all necessary test-weights to and from the location of said scales. For sealing or marking every beam, ten cents. For sealing or marking measures of extension, ten cents per yard or fraction thereof, not exceeding fifty cents for any one measure. For sealing or marking every weight, five cents. For sealing or marking liquid or dry measures, ten cents for each measure. He shall have a reasonable compensation for making weights and measures conform to the standards in his possession. The state sealer shall not require any fee from any county or city, and all fees collected by the state, county or city sealer shall be paid into the state, county or city treasury, as the case may be.

SEC. 25. All state, county and local sealers, or their deputies and other authorized inspectors of weights and measures, shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may be located or used for the purposes of trade, for the purpose of inspecting, adjusting and sealing or condemning the same. Whoever hinders, obstructs, or in any way interferes with any sealer or other person authorized to inspect weights and measures, while in the performance of said inspection, or whoever fails to produce, upon demand by such authorized sealer or in

spector, all weights, measures, balances or measuring devices in or upon his place of business or in his possession for use in manufacture or trade, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

SEC. 26. Any state or local sealer or deputy who shall seal any weight, measure, balance or measuring device before first testing and making the same conform to the authorized standard, or who shall condemn any weight, measure, balance or measuring device without first testing the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

SEC. 27. The several county and municipal sealers and other persons authorized to inspect weights and measures shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed or condemned, and shall make an annual report of the same to the state sealer on or before the first day of September of each year, giving, in addition to the above, an inventory of the standards and apparatus in his possession, and such other information as he may deem important or that the state sealer may require.

SEC. 28. Any city or municipality in the state may establish a department of public inspection of weights and measures, and shall have power to appoint a sealer and deputies and fix their compensation, and to pass such ordinances not in conflict with the state laws as may be deemed necessary; and if a city or municipality shall establish such a department it shall provide the sealer with suitable quarters, a set of standards as herein before specified in this act, and all other equipment for the proper performance of his duties. All city and municipal standards shall be tried, proved and sealed under the direction of the state sealer, and shall be returned to him for verification at least once in every five years.

SEC. 29. The county or local sealer who may have reason to believe that any weight, measure, balance or measuring device used in trade is inaccurate, or not according to the standard, shall have authority to make an immediate examination of the same and require that the same be tried and tested and conform to the standards herein required.

SEC. 30. It is hereby made the duty of the State Board of Health, and its several food and drug inspectors, to coöperate

with the state and local sealers in carrying out the provisions. of this act and all other acts relating to weights and measures, and the said food and drug inspectors are hereby authorized and empowered to act as inspectors of weights and measures used in trade. The State Board of Health shall procure, at the expense of the state, a full set of standard weights, measures and balances, including sets of standard apothecary's weights and measures, and cause the same to be proved and sealed by the state standards under the direction of the state sealer, together with the necessary working sets of weights, measures, balances and measuring devices for the use of the said inspectors, which must be officially sealed, and such weights and measures, balances and measuring devices provided for such inspectors shall be competent evidence in all courts in this state in criminal or civil action.

SEC. 31. That an act entitled "An act regulating weights and measures," approved March 2, 1868, as amended by chapter 167 of the Laws of 1886 and chapter 208 of the Laws of 1877 and chapter 280 of the Laws of 1897, being sections 7920 to 7931, both inclusive, of chapter 116 of the General Statutes of Kansas of 1901, be and the same is hereby repealed; provided, however, that where any penalty has been incurred or any proceeding commenced under or contract made by virtue of the statutes sought to be repealed it shall remain in force. as to such penalty incurred or proceeding commenced or contract made.

SEC. 32. This act shall take effect and be in force from and after its publication in the statute-book.

Approved March 5, 1909.

CHAPTER 265.

RELATING TO CARNEGIE FOUNDATION FOR THE ADVANCEMENT OF TEACHING..

Senate joint resolution No. 1.

WHEREAS, The Carnegie Foundation for the Advancement of Teaching has provided under certain conditions for retiring allowances for teachers in colleges and universities; and

WHEREAS, The benefits of said Foundation have been opened to state universities on the condition that the application by the board of regents of each State University shall be approved by the Governor and Legislature of the state; and

WHEREAS, The board of regents of the University of Kansas.

at its meeting in Lawrence, on the 8th day of January, 1909, passed the following resolution, to wit:

"Be it Resolved, That the board of regents of the University of Kansas hereby respectfully applies for recognition by the Carnegie Foundation for the Advancement of Teaching, to the end that it may be placed on the list of accepted institutions, and that its teachers may, upon complying with the necessary requirements, be admitted to the benefits of the said Foundation.

"Be it Resolved Further, That the Governor and the Legislature of Kansas be requested to indorse this application."

NOW, THEREFORE, Be it resolved by the Legislature of the state of Kansas, the Governor of the state approving the same, that the application of the board of regents of the University of Kansas have recognition by the Carnegie Foundation for the Advancement of Teaching be and it is hereby approved. Approved February 23, 1909.

CHAPTER 266.

RELATING TO TRANSFER OF CEDAR CREEK PUMPING PLANT TO OLATHE.

House joint resolution No. 3.

WHEREAS, The Legislature of 1903, chapter 547, adopted House joint resolution No. 11, as follows:

"WHEREAS, The Board of Charities, as trustees of the Kansas School for the Deaf, entered into a contract which is believed to be advantageous to, and profitable to, the state of Kansas with the city of Olathe to secure a permanent supply of water at the School for the Deaf; and

"WHEREAS, Said contract involved the transfer of an acre of ground, and was made subject to the approval of the Legislature: Therefore, be it "Resolved by the Legislature of the State of Kansas, That the Board of Charities be and the same is hereby empowered and authorized to dispose of the property owned by the state of Kansas and situated three miles west of the city of Olathe, the same being known as the Cedar Creek pumping plant, with due safeguards to the best interest of the state."

WHEREAS, The deed from the former owner to the state of Kansas, to wit, D. P. Hougland, for said acre of ground has never been recorded in the office of the register of deeds of Johnson county, Kansas, and is lost; and

WHEREAS, Under joint House resolution No. 11, aforesaid, the said Board of Charities, as trustees of Kansas School for the Deaf, entered into a contract with the city of Olathe, as aforesaid selling to the said city the aforesaid Cedar Creek pumping plant for and in consideration of the sum of five

thousand dollars, to be paid for in water at the rate of twelve and one-half cents per thousand gallons; and

WHEREAS, Said city of Olathe accepted said contract of sale, and took possession of said pumping plant under and by virtue of said contract, and has furnished to the state of Kansas, for the use of said School for the Deaf at Olathe city, water in an amount sufficient to pay for said plant: Therefore, be it

Resolved by the Legislature of the State of Kansas, That said D. P. Hougland be and he is hereby empowered and directed to deed said acre of ground to the city of Olathe, Kan., under the same terms and conditions as the terms of his original deed to said state of Kansas. Approved February 5, 1909.

CHAPTER 267.

RELATING TO THE ELECTION OF UNITED STATES SENATORS BY DIRECT VOTE OF THE PEOPLE.

Senate joint resolution No. 4.

Be it Resolved by the Senate of the State of Kansas, the House of Representatives concurring therein, That our Representatives in Congress be and they are hereby requested to vote and labor for the submission of an amendment to the constitution of the United States providing for the election of United States Senators by a direct vote of the people. Approved March 5, 1909.

CHAPTER 268.

RELATING TO FURNISHING COPIES OF BILLS TO THE STATE LIBRARIAN.

House concurrent resolution No. 4.

Be it Resolved by the House of Representatives, the Senate concurring therein, That the State Printer be and is hereby directed to furnish to the State Librarian thirty copies of each bill of a general character as soon as the same is printed, to be used by the State Librarian in making exchanges with other states for use and information concerning similar measures pending in those states.

Approved January 22, 1909.