Hog cholera. Several provisions are incorporated in the new code for the purpose of stamping out diseases among hogs, requiring under criminal penalty that the bodies of animals dying from such diseases shall not be sold, but shall be buried. (Secs. 5015-5019.)

Illegal use of labels.-There are special provisions protecting labels adopted by labor unions, and also preventing the use by unauthorized persons of bottles, packages, cases, casks, etc., bearing the stamp or brand of the manufacturer or bottler of waters, beverages, etc. (Secs. 5049-5052.)

Imprisonment.-There are no material changes in the code provisions as to criminal procedure, nor in those as to the control of penitentiaries and the imprisonment of offenders, except that officers having in custody any prisoner under the age of 18 years are required to keep such prisoner separate from those over 18 years of age. (Secs. 5638, 5693.)

1898.

Adulteration of linseed or flaxseed oil (chap. 52, p. 34, approved March 7, 1898). SECTION 1. No person, firm, or corporation shall manufacture or mix for sale, sell, or offer for sale, as raw linseed oil, any article which is not wholly the product of commercially pure linseed or flaxseed. Nor shall any person, firm, or corporation manufacture or mix for sale, sell, or offer for sale as boiled linseed oil any article, unless the oil from which said article is made be wholly the product of commercially pure linseed or flaxseed, and unless the same has been heated to at least two hundred and twenty-five (225) degrees Fahrenheit.

SEC. 2. Nothing in this act shall be construed as prohibiting the sale or manufacture of any compound of linseed or flaxseed oil, but such compounds shall not be sold under a name containing the words "linseed oil" or "flaxseed oil." Violation, a misdemeanor: Penalty, fine $50 to $500, and in default of payment county jail not less than thirty days.

Inspection of nursery stock, San Jose scale (chap. 53, p. 35, approved April 12, 1898). An act to prohibit the bringing into the State of any nursery stock infested with the San Jose scale, to provide for the punishment thereof, and to prevent the spread of the scale within the State.

SEC. 1. The entomologist of the State experiment station is constituted the State entomologist and charged with the execution of this act. He may appoint assistants

and collect certain fees.

Section 2 provides for quarantine of infected nurseries, orchards, etc., and for the treatment of the same.

SEC. 4. It shall be unlawful for any person, firm, or corporation to bring into the State any trees, plants, etc., commonly known as nursery stock, unless accompanied by a certificate of inspection by a State entomologist of the State from which the shipment was made, showing that the stock has been inspected and found apparently free from the scale. Violation of the provisions of this act a misdemeanor: Penalty, fine $10 to $100.

Protection of deer, elk, and goats (chap. 65, p. 41, approved March 30, 1898).-SECTION 1. It shall be unlawful for any person other than the owner, or person authorized by the owner, to kill, maim, trap, or in any way injure or capture any deer, elk, or goat except when distrained as provided by law.

SEC. 2. Violation, misdemeanor: Penalty, imprisonment in county jail not exceeding thirty days or fine not exceeding $100, or both.

Regulating the practice of osteopathy (chap. 69, p. 42, approved March 31, 1898).-An act to regulate the practice of osteopathy in the State of Iowa.

SECTION 1. Any person holding a diploma from a legally incorporated and regularly conducted school of osteopathy of good repute as such, and wherein the course of study comprises a term of at least twenty months or four terms of five months each, in actual attendance at such school, and shall include instructions in the following branches, to-wit: Anatomy, physiology, chemistry, histology, pathology, gynecology, obstetrics, and theory and practice of osteopathy, shall upon the presentation of such diploma to the State board of medical examiners and satisfying such board that they are the legal holders thereof, shall be granted by such board a certificate permitting such person to practice osteopathy in the State of Iowa, upon payment to said board of a fee of twenty dollars, which certificate shall be recorded by the county clerk of the county in which the holder desires to practice, for which he shall receive a fee of one dollar.

SEC. 2. The certificate provided for in the foregoing section shall not authorize

the holder thereof to prescribe or use drugs in his practice, nor to perform major or operative surgery.

SEC. 3. Any person falsely representing himself or herself to be the legal holder of any such diploma, guilty of misdemeanor: Penalty, fine $50 to $100.

SEC. 5. The system, method, or science of treating diseases of the human body, commonly known as osteopathy, is hereby declared not to be the practice of medicine, surgery, or obstetrics within the meaning of section twenty-five hundred and seventy-nine (2579), title twelve (XII), chapter seventeen (17) of the code.

Felony, third conviction; petty larceny, fourth conviction (chap. 159, p. 58, approved March 31, 1898).-SECTION 1. Whenever any person has been twice convicted of either of the crimes of burglary, robbery, forgery, counterfeiting, larceny where the value of the property stolen exceeded twenty dollars, or of breaking and entering with intent to commit a public offense any dwelling house, office, shop, store, warehouse, railroad car, boat, vessel, or building, in which goods, merchandise, or valuable things, were kept for use, sale, or deposit, or has been convicted of two or more of said crimes, and shall thereafter be convicted of any one of such crimes, committed after such second conviction, he shall be imprisoned in the penitentiary for any term not less than fifteen years, provided such former judgments shall be referred to in the indictment, stating the court, date, and place of rendition.

SEC. 2. Any person over the age of eighteen years who has been three times convicted of larceny where the value of the property stolen did not exceed twenty dollars, upon being convicted the fourth time of said offense shall be imprisoned in the penitentiary not exceeding three years, provided such former judgments shall be referred to in the indictment, stating the court, date, and place of rendition.

SEC. 4. Upon any trial when the indictment refers to former convictions of the defendant, the jury, if it finds the defendant guilty, and the court, if the defendant is convicted on a plea of guilty, must also find and determine specially whether the defendant had previously been convicted of either of the crimes referred to in the indictment and the number of times so convicted.

Illegal voting at primary elections (chap. 111, p. 59, approved April 7, 1898).-SECTION 1. Whenever any political party shall hold a primary election for the purpose of nominating a candidate for any public office or for the purpose of selecting delegates to any convention of such party, it shall be unlawful for any person not a qualified elector, or any qualified elector not at the time a member in good faith of such political party, to vote at such primary election. Violation, misdemeanor: Penalty, fine not more than $100 or imprisonment in county jail not to exceed thirty days.

SEC. 4. Any judge of such primary election shall have power to examine under oath any person offering to vote at such election. Any person testifying falsely shall be deemed guilty of perjury and punished accordingly.

State board of control (chap. 118, p. 62, approved March 26, 1898).—An act to create a State board of control, and to provide for the management and control of the Soldier's Home, the charitable, reformatory, and penal institutions of the State, and to provide for supervisory powers over the State educational institutions, and to make an appropriation therefor, and for the defining of certain offenses and providing penalties therefor.

An elaborate act providing for a State board of control for the institutions and departments mentioned in the title. It comprises 56 sections.

SEC. 8. The board of control shall have full power to manage and control the soldier's home, the State hospitals for the insane, the college for the blind, the school for the deaf, the institution for the feeble-minded, the soldiers' orphans home, the the industrial home for the blind, the industrial school in both departments, and the State penitentiaries.

SEC. 17. The board is forbidden to direct or permit any expenditure in excess of the amount appropriated by law, and the members of the board, its officers and agents, are subject to the provisions of sections 178, 182, 184, 185, 186, 187, and 189 of the code, to the same extent as if said named persons were particularly specified in said sections. "The violation of any of the provisions of either of the sections of the code above named, by any of such named officers or persons shall be deemed a misdemeanor:" Penalty, fine $200 to $5,000, or imprisonment in the county jail not exceeding one year, or by both.

NOTE.-The sections of the code referred to above relate to the following subjects: Section 178, to accounting for the contingent fund; section 182 provides for the examination into official acts by the joint committee on retrenchment and reform; section 181, books must be open for inspection; section 185, officers are prohibited from making contracts for unauthorized expenditures; section 187, appropriations not to be diverted; section 189, trustees, etc., not to be interested in contracts,

KANSAS.

1897.

Felony and misdemeanor defined.-A felony is an offense punishable by death or confinement and hard labor in the penitentiary. All other offenses are misdemeanors. (General Statute 1897, Vol. II, chap. 102, sec. 5.)

To constitute a public offense a "felony" it is not necessary that it must be punished by imprisonment in the penitentiary. If it may be so punished, it is a felony. (In re Stevens, 52 K, 56.)

When an offense is a misdemeanor, and no punishment is prescribed by statute, "the offender shall be punished by imprisonment in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both." (See sec. 370.) An offense punishable by imprisonment to which no fine is prescribed by law, "a fine may be imposed not exceeding one hundred dollars." (See sec. 371.)

But the imposition of a fine where the offender is sentenced to confinement and hard labor" is not authorized. (Sec. 372.)

Banks and banking (chap. 47, p. 98, approved March 10, 1897).—The organization, management, control, regulation, and supervision of banks are provided for in the various sections.

False report or statement by officer, director, agent, or clerk of any bank (other than national banks) doing business in the State of Kansas is punishable by fine not exceeding $1,000 or imprisonment in penitentiary from one to five years. Formerly imprisonment was not to exceed one year.

Section 15 prohibits the receiving of deposits by insolvent banks. Violation by any officer, director, member, or partner of such banks is declared a felony: Penalty, fine not exceeding $5,000 or imprisonment in penitentiary from one to five years, or both. Formerly imprisonment was not to exceed five years.

Section 16 prohibits transaction of banking business without proper certificate from bank commissioner. Violation, a misdemeanor: Penalty, fine from $300 to $1,000 or imprisonment from thirty days to one year, or both.

Failure by bank to make, transmit, or publish report as required by sections 17 and 18 of this act subjects to fine of $50 for each day after the period respectively therein mentioned that it delays to make and transmit its report.

Refusal by bank doing business in the State of Kansas (except national banks) to comply with requirements lawfully made by bank commissioner for a period of ninety days after demand shall forfeit its franchise, and its authority to transact a banking business shall be revoked.

Section 35 declares that failure or neglect to perform any duty required by this act by banker, officer, employee, director, or agent of any bank is a misdemeanor: Penalty, fine not exceeding $1,000, or imprisonment in county jail not to exceed one year, or both.

Section 38 declares that every president, director, cashier, teller, clerk, officer, or agent of any bank who embezzles or misapplies any of the funds of the bank or makes use of the name of the bank in any manner with intent to defraud or deceive is guilty of a misdemeanor: Penalty, fine not to exceed $1,000, or imprisonment in county jail not to exceed one year, or both.

Section 58 declares that any willful neglect on the part of bank commissioner or his deputy to perform any duty provided for by this act, or who shall make any false statement concerning any bank, or guilty of misconduct or corruption in office, is a misdemeanor: Penalty, fine not exceeding $1,000, or imprisonment in county jail not to exceed one year, or both.

NOTE.-New features: Of section 16, requiring certificate from bank commissioner to transact banking business, with penalty attached for violation; of section 19, penalty for failure to report; of section 38, pénalty for intent to defraud or deceive; also of other sections not involving penalty.

Electric-light, gas, and water companies (chap. 82, p. 167, approved March 12, 1897). Sections of this act authorize cities of first, second, or third class to contract for light, electric power, water, or heat under provisions relative to furnishing statements, etc.

False statement by any officer or manager of corporation so contracted with subjects to fine from $500 to $1,000, with forfeiture of right to collect charges.

NOTE.-New as to furnishing of electric power, and restricting powers granted to cities of first, second, or third class.

Discrimination against employees belonging to labor organizations.-An act to prevent the discrimination of corporations or individuals against members of

labor organizations, and providing penalties for the violation of this act. (Chap. 120, p. 226, approved February 18, 1897.)

Section 1 prohibits preventing employees from joining and belonging to labor organizations, and declares that any person or company that coerces or attempts to coerce employees by discharging or threatening to discharge them because of connection with labor organizations shall be deemed guilty of misdemeanor: Penalty, fine from $50 to $500, and liability to the person injured in exemplary or punitive damages not to exceed $2,000.

Obstruction of railroads (chap. 122, p. 228, approved February 18, 1897).-As amended paragraph 2237 of General Statutes of 1889 declares that any person or persons who shall willfully remove, break, displace, or in any manner injure any iron, wooden, or other kind of rail or other branches or branch ways, or any part of the tracks, or any bridge, viaduct, culvert, embankment, parapet, switch, or other fixtures connected with the track or tracks of any railroad in the State of Kansas in actual operation, or who shall willfully obstruct the rails or track of any railroad, shall be punished by confinement at hard labor in the penitentiary not less than five years nor more than ten years: Provided, That if any person or persons shall, by committing either or any of the aforesaid offenses, occasion the death of any person he shall be deemed guilty of murder in the first degree, and shall be punished as now provided by law for the punishment of murder in the first degree.

NOTE.-Former penalty for injury to railroad tracks or fixtures imprisonment from one to ten years. Formerly when death was occasioned offender was declared to be guilty of murder in first or second degree or manslaughter, according to the nature of the offense.

Special deputies, etc. (chap. 124, p. 230, approved March 13, 1897).-Section 1 prohibits the appointment of persons to office of special deputy, marshal, or policeman who is not a resident of the State of Kansas.

Section 2 prohibits bringing or importing into the State of Kansas any person or persons for the purpose of discharging duties devolving upon sheriffs, deputy sheriffs, policemen, constables, or peace officers.

Section 3 prohibits any person or persons without authority from exercising or attempting to exercise functions of deputy sheriff, marshal, policeman, constable, or peace officer.

Violation, a misdemeanor: Penalty, imprisonment from three months to one year. Violation of the provision of section 2 subjects to fine of $10,000. Employment of private detectives is declared a felony: Penalty, imprisonment at hard labor from one year to five years.

Elections. An act to amend chapter 78 of the session laws of 1893, entitled "An act to provide for the printing and distribution of ballots at the public expense, and for the nomination of candidates for public offices, etc." (Chap. 129, p. 250, approved March 13, 1897.)

Sections of this act, which, as stated, amends a former act, deal in detail with the manner of holding general or special elections in the State of Kansas, provide for the nomination of candidates for public offices, and describe the ballot system to be adopted, printing and distribution of ballots to be at public expense.

Section 24 declares that any person entitled to vote at a general election in this State shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours in order to cast his vote. Application for such leave of absence shall be made prior to the day of election, and employer may specify hours of such absence. Refusal by any person or corporation to allow this privilege to employee or subjecting employee to deduction of wages because of such privilege, or in any way attempting to influence the vote of such employee, is declared a misdemeanor: Penalty, fine from $50 to $100.

Section 26 prohibits electioneering or soliciting votes on election day within 100 feet of the polls; also interrupting, hindering, or opposing any voter while approaching the polling place for the purpose of voting.

Violation of these provisions subjects to fine from $25 to $100 or imprisonment from ten days to thirty days, or both.

Section 27 provides for the secrecy of the ballot. Violation subjects to fine from $25 to $100 or imprisonment from ten days to thirty days, or both.

Section 28 prohibits destruction of list of candidates or any card of instruction to voters, or in any way hindering voters while casting their votes. Violation subjects to fine from $10 to $100 or imprisonment from ten days to thirty days, or both. Section 29 declares that any person who shall falsely make or willfully destroy any certificate of nomination, or suppress any certificate of nomination or nomination papers, or who shall forge the official indorsement on any ballot, or who shall counS. Doc. 283

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terfeit any ballot, or destroy or deface any ballot, or delay the delivery of ballots, shall be punished by a fine from $100 to $1,000 or imprisonment from one year to five years, or both.

Section 30 declares that any public officer willfully neglecting to perform his duties shall be punished by a fine from $50 to $1,000 or imprisonment from one year to five years, or both.

Section 31 declares that township tickets shall not contain the names of the candidates for road overseers, but only a blank space at the bottom in which to write the name of such candidates, and any elector who shall knowingly vote for a candidate for road overseer who is not a resident of the district in which such elector resides shall be guilty of a misdemeanor: Penalty, fine from $10 to $100.

NOTE.-New features are introduced, but none that affect penalties.

Salaries of officers.

Transportation of convicts.-An act fixing the fees and salaries of certain officers and persons therein named. (Chap. 131, p. 273, approved March 11, 1897.)

Sections of this act fix and regulate the fees and salaries for services rendered to the county of county commissioners, county treasurer, county clerk, county superintendent of public instruction, county attorney, clerk of district court, sheriffs, guards, probate judge, register of deeds, witnesses, jurors, court stenographers, and justices of the peace, and make provisions for assistance and clerk hire.

Section 10 provides for the conveyance of prisoners to the State prison by the sheriff of county and fixes the amount of fee to be paid for such service.

Section 11 declares that any sheriff failing to take all convicts at the same time to the State prison which may be convicted at any one term of court, as herein provided, unless otherwise ordered by the court, or shall demand or receive greater compensation than is herein given, shall be deemed guilty of a misdemeanor: Penalty, fine from $25 to $500.

NOTE.-New feature: Penalty as provided in section 11.

Game Laws-Birds (chap. 1135, p. 293, approved April 14, 1897).-Section 1 prohibits hunting, killing, shooting, or entrapping any partridge, pinnated grouse, or prairie chicken, grouse, quail, pheasant, oriole, meadow lark, robin, thrush, red bird, mocking bird, blue jay, turtle dove, yellow hammer, or blue bird; provided, it shall not be unlawful to shoot grouse and prairie chicken or quail during the months of October and November of each year, and that this act shall not prevent the owner of an orchard from shooting blue jays, orioles, or yellow hammers at any time.

Section 2 prohibits shooting or hunting any wild or game bird upon the premises of another without permission of owner.

Other sections prohibit buying, selling, or the transportation by railroads and express companies of birds named.

Violation of provisions, a misdemeanor: Penalty, fine from $5 to $100, and costs. Section 10 provides for the appointment of game wardens and defines their duties, declaring neglect of duty by such officers a misdemeanor: Penalty, fine from $5 to $100, with costs.

NOTE.-New features:

First inclusion of list of birds protected "robin, thrush, turtle dove, yellow hammer," and the two provisions of section 1.

Second, section 9, which deals with prosecution.

Third. Appointment of game wardens.

Fourth. Repealing clause of section 11.

Former penalty for violation, fine not exceeding $25.

Grain inspection.—An act to establish and regulate a department for the inspection and weighing and grading of grain in the State of Kansas, etc. (Chap. 138, p. 306, approved March 11, 1897.)

Sections of this act establish and regulate the grain inspection department of the State of Kansas, appoint grain inspector, define his duties, and provide for assistant inspectors. A grade for all kinds of grain bought or handled in the State of Kansas is established, which shall be known as "Kansas grades." A monthly report to auditor of state by grain inspector is provided for.

Neglect of duty by grain inspector is declared a misdemeanor: Penalty, fine from $500 to $1,000, or imprisonment in county jail from six months to twelve months, or both.

Action by other than qualified inspectors is prohibited, and it is declared that any person who shall assume to act as inspector or weigher of grain who has not first been appointed and qualified in accordance with the provision of this act, shall be deemed guilty of a misdemeanor: Penalty, fine from $100 to $500, or imprisonment from three months to six months, or both.

Section 16 declares that any person or any representative of a corporation or associ