the Auditor before any bank or trust company shall be entitled to the credits or payments provided for by this act.

§2. That wherever any State bank or trust company Banks having gone into liquidahaving paid said excess into the Treasury of the State has tion. since gone into liquidation, the Auditor shall ascertain said difference, and draw his warrant therefor on the Treasurer in favor of the liquidating officer or officers in charge of said bank or trust company.

Approved February 19, 1902.

CHAPTER 2.

An act amending an act approved

AN ACT to amend an Act entitled "An Act for the government of cities of the first class, approved July 1, 1893, for the better gov- July 1, 1893 conernment, administration and disposition and discipline of the cerning cities of

fire department, and to create and perpetuate a pension fund

for disabled firemen, their widows and children and dependent fathers and mothers, and to create and perpetuate a board of trustees for the management and conduct thereof, and to pension members thereof after service of a term of years."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

the first class.

Creating pension , fund for disabled

§1. That an act, entitled "An act to amend an act entitled 'An act for the government of cities of the first class,' remen. approved July the first, eighteen hundred and ninety-three, for the better government, administration, disposition and discipline of the Fire Department, and to create and perpetuate a pension fund for disabled firemen, their widows and dependent children, fathers and mothers, and to create and perpetuate a Board of Trustees for the management and conduct thereof, and to pension members after

Board of trustees. Board of Public Safety to make rules.

Board to deter

When members ment may be re

service of a term of years," approved March sixteenth, nineteen hundred, be, and the same is, now repealed.

§ 2. That an act entitled "An act for the government of cities of the first class," approved July the first, eighteen hundred and ninety-three, be amended by adding thereto the following:

§ 3. That the government, administration, disposition and discipline of the Fire Department, and the officers, members and employes thereof, shall be such as the Board of Public Safety may, and is hereby authorized from time to time by rules, orders, and regulations not in conflict with this act, to prescribe.

§ 4. The Board of Public Safety is authorized and emmine charges, etc. powered to make, adopt and enforce rules, orders and regulations, not in conflict with this act, for the government, discipline, administration, and disposition of the Fire Department, and the officers, members and employes thereof. The board shall have power, and it is authorized, to adopt rules and regulations for the examining, hearing, investigation, and determining of charges made or preferred against members of the Fire Department or employes thereof; but no officer, member, or employe thereof (except as provided in this act) shall be fined, reprimanded, removed, suspended, or dismissed from the Fire Department until written charges have been made or preferred against him or them, nor until such charges have been examined, heard and investigated before said board, upon such reasonable notice to the member or members charged, and in such manner of procedure, practice, examination, and investigation as the said Board of Public Safety may, by rules and regulations, from time to time prescribe: Provided, however, That any officer, member or employe of the Fire Department who is now or may hereafter become insane or of unsound mind, so as to be unable or unfit to perform full fire service or duty, may be removed or dismissed from the Fire Department by resolution of the Board of Public Safety.

A copy of the rules and regulations, or any or either of them, of the Fire Department or Board of Public Safety, may, when certified by the chairman or president of said board, and the chief clerk of said Fire Department or Board of Public Safety, be given in evidence upon any trial, investigation, hearing or proceeding of any court or before any tribunal commissioner or commissioners, board or competent body, with the same force and effect as the original.

§ 5. The Board of Public Safety shall have power to issue subpoenas, attested in the name of the chairman or president, to compel the attendance of witnesses upon any proceeding authorized by law or its rules and regulations. The Board of Public Safety is hereby authorized and empowered to investigate, take evidence, and hear any charge or charges made or preferred against any member or mem bers of the Fire Department, but no judgment or other determination shall be rendered or pronounced, dismissing, removing, or suspending any officer, member, or employe of said Fire Department, or imposing any fine or forfeiture, unless a majority of the Board of Public Safety shall con

cur.

Copy of rules as evidence.

Board authorized to investigate.

Majority shall

concur.

§ 6. The Board of Public Safety may, from time to time, establish, provide, and furnish engine houses, and shall also ments; how furnprovide and furnish such accommodations, apparatus, and articles, and provide for the care thereof as shall be necessary for the Fire Department and the transaction of the business of said department. The Board of Public Safety Control of. is hereby authorized and empowered to furnish all kinds of apparatus, wagons, horses and other necessary equipments, for such houses. Which apparatus, wagons, horses and other necessary equipments shall be under the control

6

Officers of Fire

Department.

Salaries.

and care of said Fire Department, and for the exclusive use thereof.

§ 7. The Fire Department shall consist of one chief, whose salary shall not be less than three thousand and five hundred dollars per year; one secretary for the Fire Department, whose salary shall not be less than one thousand and eight hundred dollars per year; assistant chiefs of firemen, not exceeding in number one to each six companies in active service, and the salary of each assistant chief shall not be less than one thousand and eight hundred dollars per year; one captain for each fire company whose salary shall not be less than ninety-five dollars per month; one chief operator for the fire alarm telegraph whose salary shall not be less than one thousand and five hundred dollars per year; one master mechanic or superintendent of machinery, whose salary shall not be less than one hundred dollars per month; one driver for each apparatus in service, whose salary shall not be less than two dollars and twenty-five cents per day; one stoker for each steam fire engine in service, whose salary shall not be less than two dollars and twenty-five cents per day; one engineer for each steam fire engine in service, whose salary shall not be less than ninety dollars per month; not less than two pipemen for each steam fire engine company, the salary of each not to be less than two dollars and fifty cents per day; seven laddermen for each hook and ladder company, the salary for each to be not less than two dollars and fifty cents per day; not less than two tower men for each water tower company, whose salary shall not be less than two dollars and fifty cents per day; not less than two pipemen for each combination chemical and hose company, the salary of each not to be less than two dollars and fifty cents per day; not less than two hydrant men, each of whom shall receive a salary of not less than two dollars and fifty cents per day; no less than four fire alarm operators, the salary of each to be not less than two dollars and fifty cents per day; one

aid to the chief, whose salary shall be no less than two dollars and fifty cents per day; one foreman of repair shop, whose salary shall not be less than ninety dollars per month; not less than one employe, who shall be a mechanic, of the repair shop, whose salary shall not be less than two dollars and fifty cents per day; no less than one Fire Department painter, whose salary shall be no less than two dollars and fifty cents per day; not less than two pipemen for each chemical engine company, the salary of each not to be less than two dollars and fifty cents per day; not less than four linemen for fire alarm telegraph, each to receive a salary of not less than two dollars and fifty cents per day; no less than one battery-man, whose salary shall not be less than two dollars and fifty cents per day. There shall not be less than one harness maker, whose salary shall be not less than two dollars and fifty cents per day. There shall be not less than one substitute fireman for each company.

number of firemen.

§8. The Board of Public Safety may, upon the recom- May increase mendation of the chief of firemen, increase the number of firemen to such number as may, in his or their wisdom, be necessary to the efficiency of said department.

sistant Chief-elig

§9. The Board of Public Safety shall appoint all officers, Chief and Asmembers and employes of the Fire Department. No per- ibility. son shall be eligible to serve as chief of firemen or assistant chief of firemen, who has not been a member of said department continuously for five years previous to his appointment or election.

No person shall be a captain of any fire company who has not been a member of said department for three years, bility-promotion.

one year of which shall have been continuously previous to his appointment. All promotions in the Fire Department shall be for merit, such promotions to be made only upon recommendation of the chief of firemen.

§ 10. The Board of Public Safety shall have power in its

Captain-eligi