The Topeka state journal. [volume], March 22, 1913, LAST EDITION, Page 18, Image 18

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1SV
TTE TOPEKA. DATT.Y STATE JOURNAL SATURDAY EVENING- MARCH, 22, 1913-
LEGAL.
Published in the Topeka State Journal
March 22, 1913.J
SENATE BILL No. 367.
AN
ACT regulating the exhibiting or
using or moving-picmre lira or reeis,
providing and regulating the exarmna-
tion and approval of moving-picture
films and reels, and fixing penalties for
the violation of this act, and making an
appropriation for clerical help to carry
this act into effect.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That on and after April
lt, 1913, it shall be unlawrul for any
person, firm or corporation to exhibit or
use any moving-picture film or reel un
less the said film or reel shall have been
examined and approved by the state
superintendent of public instruction, as
hereinafter provided for; provided, that
nothing in this act shall apply to moving
picture films or reels used exclusively
In institutions of learning in Kansas.
Sec 2. In addition to the duties now
Imposed upon the state superintendent of
public instruction, it shall be his duty
to examine all moving picture films or
reels intended for exhibition in this state,
and approve such as he shall find to be
moral and instructive, and to withhold
bis approval from such as tend to debase
or corrupt the morals, upop sucn moving
picture films or reels exammea Dy mm,
and which shall be approved by him,
there shall be stamped or written a certifi
cate signed by him showing tnat sucn
picture has been examined and approved
by him, giving the date of such approval.
Sec. 3. The said superintendent of pub
lic instruction shall keep an accurate
record of all examinations made by him
and the date thereof, and by whom pre
sented for examination, and noting such
pictures as shall be approved and such
as shall not have been approved, and
briefly stating his reasons for withhold
ing his approval of such as are not ap
proved. .
Sec. 4. For each examination made by
aid officer he shall receive the sum of
two dollars for each moving picture film
or reel. No picture, film or reel shall be
examined until such fee shall have been
paid to him. and all such fees shall be
paid by him on the last day of each
quarter to the state treasurer, and by
said state treasurer credited to the gen
eral revenue fund; provided, that the
treasurer shall issue receipts for such iees
In triplicate, one to the state auditor, one
to the state superintendent and one to
be kept by him and filed in his office.
Provided, that for good and sufficient
reasons shown, the governor may author
ize the employment by the superintendent
of public instruction, one or more addi
tional clerks In his office as may be
necessary, at a per diem not to exceed
three dollars per day for each day actual
ly employed, which per diem shall be paid
out of the general revenue imm -rants
duly issued and payable in the
same manner as other clerks in said
office are paid.
Sec. 6. That the said state superin
tendent of public Instruction shall have
general power and authority to supervise
and regulate the display of all - moving
picture films or reels in all places of
amusement or elsewhere within this state.
Said power and authority shall include
the power to inquire into and investigate,
and to have displayed for his benefit, to
aid him in his investigation, the moving
picture films or reels which are intended
to be displaved, and said state superinten
dent of public instruction shall approve
such moving-picture films or reels as
shall be moral and proper, and disapprove
such moving-picture films or reels as
are sacrilegious, obscene, indecent or im
moral, or such as tend to corrupt the
morals: provided, however, in the case
he should disapprove of any moving
picture film or reel, the person, firm or
corporation offering the same for exam
ination may have the same examined
bv a commission consisting of the gover
nor, attorney general and secretary of
state, who shall examine said reel or
film, and if they, or a majority of them
hall find the same is fit for exhibition,
on their order the said superintendent
of public instruction shall endorse his
onrvn'al thprpon.
Tt shall be the duty of every
nerson firm or corporation intending to
ell rent or exmon any unif,---film
or reel within this state, to furnish
to said superintendent of public instruc
tion, as he may require, a description of
said moving-picture film or reel, describ
ing the scenes and purposes of any film
or reel and to exhibit and display for his
examination and approval or disapproval
anv such film or reel.
Sec 7. Any person, firm or corporation
exhibiting or permitting to be exhibited
ar.v unapproved moving-picture film or
reel shall be guilty of a misdemeanor,
and shall be fined not less than twenty
five dollars nor more than one hundred
dollars for the first offense and not less
than one hundred dollars for each sub
sequent offense. Each unapproved moving-picture
film or reel exhibited, and
each dav the same shall be exhibileu,
shall constitute a separate offense.
Sec. 8. All laws and parts of laws so
far as they conflict herewith are hereby
repealed. .
Sec. 9. This act shall take effect and
be in force on and after the first day of
April, 1913, and its publication in the
official state paper.
I herebv certify that the above bill orig
inated in "the Senate, and passed that body
Feb -X--KV. SHEFFIELD ixgallS,
President of the Senate.
BI'RT E. BROWN.
Secretary of the Senate.
Passed the House Mar. 7, 1913.
W. L. BROWN,
Speaker of the House.
GEO. E. ROGERS.
Chief Clerk of the House.
InivrnlHl Mch. 13. 1913.
r GEO. H. HODGES,
Governor.
State of Kansas.
Office of the Secretary of State
I. CHAS. H. SESSIONS. Secretary of
State of the State of Kansas, do hereby
certlfv that the above and foregoing is a
correct copy of the original enrolled bill
now on file'in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
Seal. and affixed my official seal,
this 17th day of March.. 1913
CHAS. H. SESSIONS.
Secretary of State.
Published in The Topeka State Journal
March 22, 1913.
HOI'SE BILL No. 922.
AN ACT conferring power upon cities of
the first class having a population of
not less than 75.000. to grant to railway
companies other than street railways.
The privilege of building and maintain
ing railways across, over or along any
street, alley or public grounds for a
period of 200 years.
Be it enacted by the Legislature of the
State of Kansas:
Section J. Any city of the first class
having a population of not less than 5.
no. for the purpose of aiding it in obtain
ing terminal, switch, or depot facilities.
Js hereby empowered to grant to any rail
way company, including terminal rail
way companies, but excluding street rail
way companies, the privilege of building
and maintaining a railway across, over
or along any street, alley or public
grounds in said city for a period not to
exceed 200 vears. Provided, however, that
no such right, privilege ox franchise shall
ever be granted until the oidinance grant
ing the same, shall have been submitted
t0 the legally qualified voters of such
city and approved in the manner herein
after provided at a general or special
election to be held for that prupose. If
at said election, the majority of votes cast
shall be for said ordinance and the mak
ing of said grant, the same shall there
upon become effective: but if a majority
of the votes cast at said election shall ne
against the said ordinance and the mak
ing of said grant, said ordinance shall not
confer any rights, powers or privileges of
any kind whatsoever upon the applicants
therefor but sJiall be ipso facto null am.
void. Sai.i proposition shall be sub
mitted subject to all the laws regulatir.
the .submission of propositions. All ex
pense of the election shall be borne by
the proposed grantee.
ac. 2. The ordinances granting such.
LEGAL.
privileges shall be enacted as other ordi
nances of the city, but the same shall not
be subject to any of the special proceed
ings, requirements or limitations imposed
by section 114 of chapter 114 of the Law
of Kansas- of 19OT. It snall take effect
and be , force from and after paasase.
: approval and publication in the official
: citv paper
, Sec 3 ?his act shall take effect and be
j lri torcf. tOTn anj after its publication in
I th- official state nawr.
I hereby certify that the above Bill
originated in the House, and passed that
body February 26. 1913.
Concurred in Senate amendments, March
10, 19!X
W. L. BROWN,
Speaker of the House.
GEO. E. ROGERS,
thief Clerk of the House.
Passed the Senate March 10, 1913.
SHEFFIELD INGALLS.
President of the Senate.
BL'RT E. BROWN,
Secretary of the Senate.
' pproved Mch. 13. 1913.
GEO. H. HODGES,
Governor.
State of Kansas.
Office of the Secretary of State.
I. CHAS. H. SESSIONS. Secretary of
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on flip in m v office.
IN TESTIMONY WHEREOF. I hava
hereunto subscribed my name
Seal. and affixed my official seal.
this 17th dav of March, ism.
CHAS. H. SESSIONS.
Secretary of State.
Published in The Topeka State Journal
March 22, 1913.J
HOUSE BILL NO. 709.
AN ACT authorizing the county commis
sioners to establish a county demonstra
tion farm including irrigation.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That the board of county
commissioners of any county 'are hereby
authorized to cause to be established a
county demonstrating farm in said county,
when a petition by a majority of the le
gal voters of said county shall be pre
sented to the county commissioners pray
ing for the same, and for the purpose of
paying for same they shall appropriate
from the general revenue funds of said
countv an amount not exceeding the sum
of twenty thousand dollars ($20,000.00).
Sec. 2. The purchase or land. estaDiisn
ment and management of this county
demonstrating farm shall be under the
exclusive control of the county com
missioners, and they are empowered '.o
make such demonstrations including the
pumping of water from the uniier tlow,
for the purpose of growing crops by ir
rigation as best fits each county where
these demonstration farms are estab
lished. ' Sec. 3. That in addition to the taxes
authorized to be levied by the county
commissioners for current expenses by the
authority of this act the county commi
sioners in counties that have undertaken
to accept the provisions of this act are
hereby authorized to make a levy of
taxes on all taxable property of the
county at the regular time for levying
taxes, of such an amount as may be nec
essary to pay for the establishment of
tne said demonstration farm, as author
ized by this act. Prior to the levying of
such taxes and in the same year, the
county commissioners are authorized to
issue warrants against the county demon
stration farm funds for which the levy
will afterward be made.
Sec. 4. This act shall be in full force
and effect from and after its publication
in the official state paper.
I hereby certify that the above bill orig
inated In the House, and passed that
body February 26, 1913.
W. L. BROWN.
Speaker of the Housi
GEO. E. ROGERS.
Ch4ef Clerk of the House
Passed the Senate March 12. 1913.
JOCETT SHOUSE,
President Pro Tern, of the Senate.
HAL. M. MORAN,
Asst. Secretary of the Senate.
Approved March 15, 1913.
GEO. H. HODGES.
Governor
State of Kansas.
Office of the Scretary of State.
T, CHAS. H. SESSIONS, Secretary of
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF, I hava
hereunto subscribed my narre
Seal. and affixed my official seal.
this 18th day of March, 1913.
CHAS. H. SESSIONS.
Secretary of State.
Published in The Topeka State Journal
March 22, 1913.
SENATE BILL No. 167.
AN ACT relating to challenges of jurors
and amending section 5876 of the General
Statutes of 1909. being section 282 of
the code of civil procedure of the state
of Kansas, and repealing said section.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That section 5S7C of the Gen
eral Statutes of Kansas of 1909. being section-
282 of the code of civil procedure of
the state of Kansas, be and the same is
hereby amended to read as follows:
Section 5S76. Causes for challengins
juror.
Section 282. It shall be good cause for
challenge of any person called to serve
as a petit juror that he has been con
victed of any crime which by law renders
him disqualified to serve as a juror; or
that he has been arbitrator of the same
controversy, or has an interest in the
action, or has an action pending between
himself and any party to the action, or
is the employer, employe, counsellor, at
torney or agent of either party, or is a
witness in the action, or Is of kin to
either party, or is not qualified, under
the law of the state, to serve as a juror,
or has served on a jury as a talesman on
the trial of any cause in the same court
during the term, or has formerly been a
juror in the same action: provided, that
in actions against cities or other munici
pal corporations a tax payer therein shall
not be disqualified by reason thereof.
These causes shall be considered as prin
cipal causes of challenge, and tbeir truth
fulness be tried by the court. Any per
son called to serve as a petit juror against
whom no principal cause of challenge ex
ists mav .nevertheless be challenged on
suspicion of favor to or prejudice against
either party to the action, or for inability
to read the English language, or for want
of competent knowledge of the language,
or for anv other cause that in the opin
ion of the court may render him at the
time an unsuitable juror. The validity ot
such challenge shall be determined by
the court.
Sec 2. That section 5S76 of the General
Statutes of 1909. being section 282 of the
code of civil procedure of the state of
Kansas be and the same is hereby re
pealed. Sec. 3. This act shall take effect and be
in force from and after its publication li
the official state paper.
I herebv certify that the above Bill or
iginated "in the Senate, and passed that
body Februarv 15. 1913.
SHEFFIELD INGALLS,
President of the Senate.
BURT E. BROWN,
Secretary of the Senate.
Passed the House March 11, 1913
W. L. BROWN.
Speaker of the House.
GEO. E. ROGERS,
Chief Clerk of the House.
Approved Mch. 13. 1913.
GEO. H. HODGES,
Governor.
State of Kansas.
Office of the Secretarv of State.
I. CHAS. H. SESSIONS. Secretary of
State of the State of Kansas, do hereny
certif-- that the above and foregoing is
correct ci.py of the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF. I have
hereunto subscribed my name
Seal. and affixed my official seal,
this 17th day of March. 1913.
CHAS. H. SESSIONS.
Secretary of State.
-"-
JJM- JM LEGAL.
Published In The Topeka State Journal
March 22,-1913.
SENATE BILL NO. 802.
AN ACT making appropriations to the
Kansas State Agricultural Colleges tor
maintenance, improvements and equip
ment of said College: for the Experi
ment Station; for the Fort Hays Branch
Experiment Station, the Garden City
Branch Experiment Station, the Dode
City Branch Experiment Station, an J
the Tribune Brane Experiment Sta
tion; -or the erection and equipment of
buildings; for college extension; pu
seed investigations, irrigation investiga.
tions andj dairy commissioner, for the
fiscal years ending June 30, 1913, June 3u,
1914 and June 30, 1915; and repealing
chapter 22, Laws -of 1911. .
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That the following sums, or
so much thereof as may be necessary,
are hereby appropriated out of any money
in the state treasury not otherwise appro
priated, to the Kansas State Agricultural
College, for the fiscal vears ending Jun-:
30, 1913, June 30, 1914 and June 30, 1915;
provided, that an" unexpended balances
of the appropriations at the close of the
fiscal year ending June 30. 1913 are hereoy
appropriated for the fiscal year endir.t:
June 30.. 1914. and any unexpended bal
ances at the close of the fiscal year end
ing June 30, 1914 are hereby appropriated
for the fiscal year ending June 30. 1915,
for the purposes hereinafter mentioned:
FOR THE AGRICULTURAL. COLLEGE.
1913. 1914. 1913
Maintenance , $280,000 $30o,oio
Extension 40,000 50.000
Experiment Station 25.000 30,000
Coal . 14.000 14,M0u
Books for library 3,500 3,500
Repairs and im
provements of'
buildings and
grounds 20,000 2O.0C0
For special needs
of the department
of:
Domestic science
Animal husban
dry Dairy husbandry
Agronomy
Poultry
Horticulture
Veterinary medi
cine Engineering lab
oratories Printing
Milling industry
Forestry
Heat and power
Equipment for)
mill $7,500
. President's con
tingent fund
Barn, feed stor
age, quarters
for nutrition
expe ri m en t s.
and equip
ment 2,000
5,000
3,000
5.fK)0
2,000
4.000
2,500
7.500
1.500
2,000
2,000
7,500
2.000
5.000
3.0IK)
5.000
l,Cd
4,010
2,i00
7,i0i
1,60m
2.000
. 2.0-K
7,oJo
500
20,000
State work (spe
cial) investiga
tions in the pro
duction and dis
semination of
pure seed (chap.
23. Laws o f
1911) 7,500 7,500
Dairy commis
sioner (chap.
404. L a w s of
1907) 7,500 7,500
Irrigation investiga
tions (chap. 214 of
Laws, 1911) 2.000 2a0
FORT HAYS BRANCH EXPERIMENT
STATION.
Maintenance, equipment, im
provement, repairs and ex
perimental work $24,000 24,000
Park and forest nursery
work LOW 1-OiX)
GARDEN CITY BRANCH EXPERI
MENT STATION.
Maintenance, equipmerft, im
nrnvement. renairs and ex-
terimeTitl work - ... 5.000 n.JO
DODGE CITY BRANCH EXPERIMENT
STATION.
Maintenance, equipment, im
Drovement. renairs and ex
neriment work $2,500 2.500
TRIBUNE BRANCH EXPERIMENT
STATION.
Maintenance, equipment, im
provement, repairs and ex
periment work $2,500 2,500
Sec. 2. The construction and equipment
of buildings mentioned in this act shall
be under the supervision and direction oi
the state board of administration of edu
cational institutions, (except that of the
mill and equipment provided .for by sec
tion one of this act for the fiscal year
ending June 30, 1913), and they are hereby
authorized to adopt plans and specifica
tions to be drawn by the state architect
and approved by the board of adminis
tration for such buildings and to award
all necessary contracts therefor.
Sec. 3. The auditor of state is hereby
authorized to draw warrants on the treas
urer of state for the purposes and
amounts specified in this act, or so much
thereof as may be necessary, to liquidate
such claims as may be presented to him.
out of such appropriations: provided, thar
no amount shall be audited unless an
itemized statement is furnished, verified
by affidavit showing that said appropria
tions are to be applied to the specific pur
poses only for which they were appro
priated. Sec. 4. The state board of administra
tion of educational institutions are hereby
authorized to make out and present to
the auditor of state on the first of each
month, beginning July 1, 1913, a voucher
not to exceed three thousand dollars, to
be used In emergency to pay the bills and
accounts against the Agricultural College
demanding immediate attention. At the
close of each month said board of admin
istration, through its secretary, shall file
with the auditor of state an itemized
statement of all expenses paid out f
such fund together with the receipts for
same. If during any month any portion
of tna three thousand dollars drawn dur
ing such month shall remain unused, the
secretary shall deduct such sum unused
from the voucher for the following month.
Sec. a. The state board of administra
tion of educational institutions are hereby
authorized and empowered to charge, at
their discretion, each student a fee of
fifty cents, or so much thereof as may tie
necessary each term, to be covered into
the state treasury, for trie establishme t
of a student sick benefit fund. This
money Is to be held in trust for the bene
fit of the students and for the promotion
ot their health, in such manner as may be
deemed best by the board of administra
tion. The fees authorized to be collected
in this section are hereby reappropriated.
to the Agricultural College for uses above
mentioned and the auditor of. state irf
hereby authorized to issue his warrants
upon " the state treasury upon proper
vouchers being filed therefor.
Sec. 6. That all student incidental and
matriculation fees collected by the Kan
sas State Agricultural College, and all
Oi.ier fees and judgments collected by the
state on behalf of said College, and all
other moneys collected by said College
and its branch experiment stations dur
ing the fiscal years ending June 30. 191;
and June 30. 1915. other than the interest
on the- permanent endowment fund and
ti.e fees prescribed by section 5 of this
act, shall be paid into the state treasui y
monthly, and the same are hereby - ap
propriated for the general maintenance oi
the college or branch experiment station
making the collections; provided, that any
balances remaining at the close of ti.e
fiscal years ending June30. 1913 are hereby
appropriated for the fiscal year ending
June 30, 1914, and any balances at the
close of the fiscal year ending June JO
1914 are hereby appropriated for the fiscal
year ending June 30, 1915; and, provided
further, that where the act prescribing
certain fees shall have specified a par
ticular use therefor, such, fees as collected
are hereby appropriated for such par
ticular use: and provided, futher, that any
balances remaining at the close of the
fiscal year ending June SO. 1913 in the fund
known as the Agricultural College revolv
ing fund is hereby appropriated for the
fiscal year ending June 90, 1914 to be used
in providing experimental and demonstra
tion work with live stock at the Kansas
State Agricultural College: and any un
expended balance in said fund at the
close of the fiscal year ending June 30.
1914 is hereby appropriated for the fiscal
year ending June 30, 1915: and the state
-auditor is hereby authorized to draw his
warrants on the state treasury for the
purpose above specified upon sworn
vouchers, duly itemized and approved oy
the respective heads of the branch experi
ment stations and by the state board of
administration of educational Institutions;
provided, that such portions of the re
ceipts of fees above appropriated may be
used by the board of administration for
newspaper advertising as is deeme-i
necessary, not to exceed the sum of gn j
thousand dollars per year.
Sec. 7. That chapter 22 of the Session
Laws of 1911, being an act entitled "An
act authorizing the Kansas State Agri-'
cultural College to make a soil survey of
the state, and making appropriation
therefor" be and the same is hereby re
pealed. Sec. S. This act shall take effect and bv;
in force from and after its publication .n
the official state paper.
I hereby certify that the above bill orig
inated in the Senate, and passed that body
March 7. 1913.
SHEFFIELD INGALLS,
President of the Senate.
BURT E. BROWN.
Secretary of the Senate.
. Passed the House March 10. 1913.
WL. BROWN. i
Speaker of the House.
GEO. E, ROGERS,
Chief Clerk of the House.
Approved March 12, 1913.
GEO. H. HODGES.
Governor.
Stste of Kansas,
OSice of the Secretarv of stat
I. CHAS. H. SESSIONS, Secretary of
ox ine aiare or Kansas .1.. hcnnv
certify that the above and foregoing is it
correct copy of the original enrolled bill
now on file in my office. ,
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
Seal. and affixed my official seal,
this loth day of March, 1913.
CHAS. H. SESSIONS,
Secretary of State.
Published in The Topeka State Journal
March 22, 1913.J
SENATE Rrr.T. NTn mi
AN ACT making an appropriation for a
ui,nainS lo De used ror the housing or
mine rescue car No. 4. and for the pur
chase of mine rescue apparatus.
Be it enacted bv the Legislature of the
State of Kansas:
Whereas. The government of the United
States has made appropriations for th
construction of mine rescue cars, to be
used for the purpose of saving life in
case of mine disaster; and.
Whereas. The state of Kansas can se
cure the permanent location of mine res
cue car No. 4 in the mining district of
the state, by providing a building tor the
housing of said car; and.
Whereas. The state of Kansas has never
made provision for assisting in mine res
cue tvork or the saving of life in case of
mine disaster: and.
Whereas, The efficiency of the rescue
work in case of mine disaster wetld be
increased by the procuring and purchas
ing of additional rescue equipment and
apparatus; now therefore.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That the mine inspection de
partment of the state of Kansas is here
by authorized to contract for the erection
of a suitable building in or near t'm
city of Pittsburg, Kansas, for the purpose
of housing mine rescue car No. 4. They
are further authorized to purchase such
additional apparatus and equipment for
mine rescue work as may be deemed nec
essary. Sec. 2. For the purpose of paying for
saia Duuaing ana tor tne apparatus ana
equipment mentioned in section one ot
this act, there is hereby appropriated out
of any money in the state treasury not
otherwise appropriated, the sum of
tn.rty-five hundred dollars.
Sec. 3. The auditor of state is hereby
authorized tQ draw his warrants on the
treasurer of state, upon the approval of
the governor, for the pruposes stated in
sections one and two of this act.
Sec. 4. This act shall take effect and
be in force from and after its publication
in the official state paper.
I hereby certify that the above bill orig
inated in the Senate, and passed that body
March 10, 1913.
JOT KiT SHOUSE,
President Prn Tern, of the Senate.
BURT E. BROWN,
Secretary of State.
Passed the House March 12, 1913.
W. L. BROWN,
Speaker of the House.
GEO. E. ROGERS,
Chief Clerk of the House.
Approved March 15, 1913.
GEO. H. HODGES.
Governor,
State of Kansas.
Office of tha Secretary of State.
I. CHAS. H. SESSIONS, Secretary of
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
Seal. and affixed my official sea.,
this 18th day of March. 1913.
CHAS. H. SESSIONS,
Secretary of State.
Published in the Topeka State Journal
March 22, 1913.
SENATE BILL No. S07.
AN ACT making the secretary of state
the custodian of all deeds to real estate
and the abstracts of title thereto now
owned, or which may hereafter be ac
quired, by the state of Kansas, and
designating said office as the legal de
positorary for all such deeds and ab
strLCts Be it enacted by the Legislature of the
State of Kansas:
Section 1. The secretary of state Is
hereby made the. custodian of all deeds
t j real estate now owned, or which here
after may be acquired, bv the state of
Kansas, together with .he aostra;ts of
title thereto; and it sha'l be the clu'y -..f
tne secretary of state, and he is hereby
required to safely keep and carerully
preserve and file all dee-Is and abstracts
of title so deposited with him as the
property of the state of Kansas, and to
list and keep a correct record of the prop
erty owned by the state, and to accredit
to each governmental or institutional de
partment of the state the real estate
purchased or acquired for Its special use.
Sec. 2. It shall be the duty of each
officer of the state, and of each board of
regents, board of directors, board of man
agers, .board of trustees, board of control.
and of each commissioner or trustee, an-i
of each governmental or institutional de
partment of the state of Kansas, within
sixty days from and after the passage o.
this act. to deposit and file with the
secretary of state all deeds to real
estate, together with the abstracts of title
thereto, which are held by them, or either
of them, and belonging to the state ot
Kansas.
Sec. 3. All acts and parts of acts in
conflict with the provisions of this act,
are hereby repealed.
Sec. 4. This act shall take effect and
be in force from and after its publication
in the official state paper.
I hereby certify that the above Bill
originated in the Senate, and passed that
body March 3. 1913.
. SHEFFIELD INGALLS.
President of the Senate.
BURT E. BROWN,
Secretary of the Senate
passed the House March 11, 1913.
W. L. BROWN,
Speaker of the House.
GEO. E. ROGERS,
Chief Clerk of the House,
Approved Mch. 13, 1913.
GEO. H. HODGES,
Governor. -State
of Kansas
Office of the Secretary of State
T. CHAS. H. SESSIONS, Secretarv of
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
Seal. and affixed my official seal,
this 17th day of March, 1913.
CHAS. H. SESSIONS.
Secretary of State. !
Published In The Topeka State Journal
March 22, 1913.
SENATE BTT.T. TNTo- 12K
AN ACT relating to the construction of J
vera in ciues or tne nrst Class ana
repealing original sections 1177 and H7S
of the General Statutes of Kansas of
1909.
Be it enacted by the Legislature of tne
State of Kansas:
Section 1. That section 1177 of the Gen
eral Statutes of Kansas of 1909, be and
the same is hereby amended to read as
follows: Sec. 1177. Cities of the first
class may create districts for the pur
pose of constructing and maintaining
main and intercepting sewers, and in
creating such districts, may include there
in the whole or any part of any two or
more sewer districts then or theretofore
established. The lands which will be
especially benefited by the proposed sewer
shall constitute such districts, and the
boundaries of such districts shall be de
termined by ordinance. The lots and
tracts of land situated in such sewer
district shall, regardless of assessments
for any sewer or sewers theretofore levied
thereon, be liable to special assessment
for the cost of such sewers, including the
cost of acquiring, by condemnation or
purchase, lands or any easement or right
therein deemed necessary by the mayor
and council. or board of commissioners.
for the construction or maintenance of
such sewers. The cost and expense of
constructing such sewers and procuring
rights-of-way shall be assessed against
the lots or pieces of land contained in the
district in which the same is situated,
and the special assessment shall be levied
by the city and certified by the city clerk
to the county clerk, to-be placed on the
tax rolls ' for collection, subject to the
same penalties and collected in like man
ner as other taxes. Such city may join
with any person, company or corporation
owning property adjacent to or adjoining
such city, but not within the city in the
construction of such main and intercept
ing sewers and In acquiring rights-of-way
therefor on such terms and conditions as
may be determined on by the mayor and
council, or board of commissioners ; of
such city. Negotiable bonds may be ' is
sued to pay for such sewers, Including
the cost of lands or any easement or
right therein acquired by condemnation
or purchase, in accordance with the law
providing for the issuing of bonds for
the construction of sewers by cities of
the first class having a population of less
than fifty thousand.
Sec. 2. That section 1178 of the General
Statutes of Kansas of 1909, be, and the
same is hereby amended to read as fol
lows: See. 1178. Cities of the first class
shall have the power to condemn or ac
quire by purchase, lands, or any ease
ment therein, or right-of-way through
the same, necessary for the construction
and maintenance of sewers. When the
mayor and council or mayor and board
of commissioners shall deem it necessary
io appropriate oy condemnation proceed
ings, any lands or any easement or right
therein for the construction or main
tenance of any sewer, within or without
the limits of such city, they shall cause
a plat of such land and a description
thereof and of the right of easement
therein deemed necessary to be made by
the city engineer and filed with the city
clerk, and shall thereupon consider the
same, and by ordinance take, appropriate
ana condemn sucn land, easement or right
therein, as may be necessary for such
purpose, and shall set forth in said ordi
nance a full description of the land, ease
ment or right therein necessary to be
taken, and shall appoint thereby three
appraisers to appraise the value of the
lands, easement or right therein taken,
and assess all damages accruing by rea
son of the taking thereof. Said appraisers
shall be freeholders and residents of the
city, well known for their intelligence, in
tegrity and ability to consider and deter
mine such matters, and no person shall
be appointed as an appraiser who owns
any property liable to assessment on ac
count - of the proposed sewer, or Is in
any way interested in the construction
thereof. Such appraisers shall within ten
days arter their appointment qualify by
filing with the city clerk of the city an
oath in writing to honestly and faithfully
perform their duties as such appraisers.
Such appraisers shall give to all persons
owning or having any interest In any
property sought to be so taken or af
fected, at least ten days' notice in writing
of the time and place when and where
the damages therefor will be assessed,
by one publication in the official newspa
per of such city, and at the time and
place fixed in such notice shall, upon
actual view, appraise the value of the
lands, easement or right therein taken,
and assess the damages done on account
of each lot or tract of land taken or
affected, separately. Said appraisers may
adjourn from time to time, as may be
by them deemed necessary, and may dur
ing any adjournment perfect or correct
any error or omission in the giving of
notice by the serving of a new notice
or the making of a new publication or
the citing of any person not notified
or to whom defective or insufficient no
tice was given, and notice of any such
adjourned meeting shall be as effective
as notice of the first meeting of such ap
praisers, and such appraisers shall, with
in thirty days after their appointment,
make a final report In writing and file
thir same in the office of the city clerk.
Notice to any railroad company or other
corporation may be served upon any offi
cer, station, freight or ticket agent there
of or other servant or agent who may be
found actually engaged in the business of
the corporation in the city or upon any
other owner found within the city, in lieu
of such notice by publication. Said ap
praisers shs'l in their report describe
separately each lot or tract of land taken
or affected and state the interest in such
land or the easement or right appropriat
ed for the purpose of constructing or
maintaining such sewer, and the name of
the owner thereof, if known to them, and
shall appraise each owner's interest and
assess his damages separately, if his title
can be ascertained from the public rec
ords in the office of the register of deeds.
The mayor and council or the mayor and
board of commissioners shall upon the
filing by said appraisers of their report
fix a time at a regular meeting of the
citv council or board of commis-sioners of
the city for the consideration thereof and
of :i'l objections thereto, and the mayor
shall cause a notice of the time when said
report will be considered to be given to
all persons interested therein by one pub
lication thereof, at least ten days prior
to such time. At said meeting the mayor
end council or the mayor and commis
sioners shall confirm or reject said re
port, and may confirm amend or reject
the same in whole or in part, and if
the report of said appraisers be rejected
as to any property, the mayor and council
or the mayor and board of commissioners
may at once reappoint other appraisers
to assess damage, for the taking of such
property. Any person being or claiming
to be the owner of any property or any
interest therein so condemned or appro
priated and deeming himself aggrieved
by the award of damages so made as
to his property may appeal rrom such
award as to th-3 value of the property
taken and the damages sustained by rea-s-n
of the tak m thereof within the
same time and in the same manner as
appeals are granted from the judgment
of a justice of the peace to the district
court, but said appeal and subseqquent
proceedings shall only affect the amount
of compensation to be allowed and shall
not delay the taking possession, occupa
tion or use of such lands, easement or
right therein or the construction of such
sewer, upon the paying or depositing the
amount of such award with the city
treasurer of the city, for payment to
the person entitled thereto. Bonds may
be issued and special assessments levied
for the cost of acquiring lands or a
right-of-way for a sewer, either separately
or as a part of the cost of constructing
such sewer, as may be found proper or
necessary. Nothing in this act contained
shall affect any contract made, assess
ment levied, judgment rendered, suit or
proceeding had or pending relative t0 an'
sewer.
Sec. 3. Original sections 3177 and 1178
of the General Statutes of Kansas of 1909,
are hereby repealea.
SM A TKi. 1 - - , 1
be In force from and after its publication
in the official state paper.
I hereby certify that the above Bill
originated in the Senate, ana passed that
body February 27. 1913.
Senate concurred In House Amendment
March 12, 1913.
SHEFFIELD INGALLS,
President oi the Senate.
BURT E. BRWN,
Secretary of the Senate.
Passed the House March 11, 1913.
W. L. BROWN.
Speaker of the House.
GEO. E. ROGERS.
Chief Clerk of the House.
Approved Mch. 13-1913.
GEO. H. HODGES.
Governor.
State of Kansas,
Office of the Secretary of State.
- I, CHAS. H. SESSIONS, Secretary of
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
Seal. and affixed my official seal
this 17th day of March. 1913.
CHAS. H. SESSIONS.
Secretary of State.
Published in The Topeka State Journal
- March -a. 1913.J
HOUSE BILL No. 864
AN ACT amending and repealing section
1009 of the General Statutes of 1909, and
repealing said original section, insofar as
it applies to cities ot 25000 or less.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That section 1009 of the Gen
eral Statutes of Kansas of 1909 in so far
as It applies to cities of 25000 or less, De
and the same is hereby amended so as to
read as follows: Section 1009. When the
mayor and council shall deem it necessary
to curb, gutter, pave, macadamize or
grade, or recurb, regutter, rcpave, re
macadamize or regrade, any street, lane,
avenue, or alley, or any part thereof, or
build or construct any sewer within the
limits of the city, for which a special tax
is to be levied, such mayor and council
shall by resolution declare such work or
improvement necessary to be done, and
such resolution may be published for six
days in the official paper of the city, if
the same be a daily paper, or for two
consecutive weeks, if the same be a week
ly, and if a majority of the resident own
ers owning a majoriy in square feet of the
lots or real estate liable to taxation there
for shall not within twenty days thereaf
ter file w-ith the clerk of said city
their protest in writing against such im
provement, then such mayor and council
shall have power to cause such improve
ment to be made, and to contract tner.;
for, and to levy taxes as provided by law
and the work mav be done before, durii g
or after the collection of the spe
cial assessment, as may be deemed
proper by the mayor and council;
but none of the provisions of this act
si,all prevent the mayor and council from
grading or regrading any street, lane, or
alley, or part thereof, and pay therel t
out of the general improvement fund of
such city: provided, that in all cities of
the first class having a population of less
than 25,000, the mayor and council or
mayor and commissioners when they
deem it necessary to be done, and for the
general welfare of such city, may by res
olution, regardless ot any protest, order
the whole or any part of any street whicli
extends from any other paved or macad
amized street to any depot or cemetery ;n
or adjoining such city, or any street
which extends from the main business
street or from the main business center
or such city to any depot or cemetery
within or adjoining such, city, or any
street, not to exceed four in number,
which extends from the principal business
center of such city to and is connected
with any main public highway leading to
or from such city to be graded, paved.
curbed, guttered, macadamized, or to be
regraded, repavea, recuroea, regunerea or
remaeadamized, and shall have power to
cause such improvements to be niade, and
to contract for the making of the same,
and to levy taxes to pay the expenses of
such improvements: provided, the city at
large shall pay the expenses of grading
such street or streets and all expenses of
the areas or Intersections formed by the
crossing of streets and alleys, and all
crossings of streets and alleys; and la
addition thereto 0ne-tnirl of the expense
of curbing, guttering, paving and ma
cadamizing each block of such street or
streets between cross streets, and "cf
paving, curbing, macadamizing, or gut
tering along each lot or piece of unplat
ted land adjoining such street or streets;
two-thirds of the expense of guttering,
paving, curbing, macadamizing and of
recurbing. regutering, repaying. rema
cadamizing any block In such street be
tween the cross streets, or any such
street along an unplatted lot or
piece of land in such city, adjoin
ing or abutting on such street, shall be
assessed to the adjoining property by
special assessment, and except as to the
amount assessed against such adjoining
property, the adjoining property shall be
appraised and assessed to the extent and
in the manner provided by law for paying
the expenses of paving, repaying, gutter
ing, reguttering, macadamizing, rema
cadamizing streets and alleys in cities of
the first class when protest may be made,
and such cities are authorized to issue
improvement bonds in the manner pro
vided in sections 164 and 155 of chapter 122
of the Laws of 1903, to pay the expenses
of any such improvements, but in esti
mating the expenses of any such improve
ments for which the city or adjoining
property shall be liable, It shall be tne
duty of the city tg deduct from the ag
gregate expense of such improvements
the amount or proportion of the expense
for the payment of which any street rail
way company or other railway company
shall be liable, and no street railway
company or other railway companies shall
be relieved by reason of this act from any
tax or assessment for which it is now lia
ble under any statute for any street im
provement; provided, that In cities Of ire
.rst class having a population of over
";m no resolution to Dave, macadamize, I
or grade, or repave. remaeadamize, or re- I
grade, any Sireei. lane or alley, snail ue
valid unless a petition asking such in
provement has been ordered spread upon
th inurnal which petition must be
signed by the resident owners of not less
than one-half of the feet fronting or
abutting upon such street, lane or alley t: '
be improved; ana pTovinea lurxner, ritai
the feet fronting or abutting upon such
street, lane or alley owned or held by per
sons not resident or said city shall not be
tav.n in.f. account in determining the suf
ficiency of any such protest or any such
petition. In case ot paving, sucn petition
shall state the width or tne paving
the kind of material to be used, but such.
statement shall not include the naming of
the brand of material or the name of the
manufacturer thereof.
Sec. 2. That' said section 1009 of the
General Statutes of Kansas 0f 1909, be anu
the same is hereby repealed.
Sec. 3. This act shall take effect and be
in force from and after its publication in
the official state paper.
I hereby certify that the above Bill or
iginated in the House, and passed tint
body February 28, 1913.
Concurred In Senate Amendments March
5, 1913.
W. L. BROWN,
Speaker of the House.
GEO. E. ROGERS,
Chief Clerk of the House.
Passed the Senate March 3, 1913.
L P. KING.
Pres. Pro Tem. of the Senate.
BURT E. BROWN,
Secretary of the Senate
Approved March 11. 1913.
GEO. II. HODGES.
Governor.
State of Kansas.
Office of the Secretary of State.
I, CHAS. H. SESSIONS, Secretary of
State of the State of Kansas, do hereby
certify that the above and foregoing is
a correct copy ot.the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF. I have
hereunto subscribed my name
SeaL and affixed my official seal,
this 13th day of March. 1913.
CHAS. H. SESSIONS,
Secretary of State. I
J lrublished in The Topeka State Journal
March 22, 1914. j
HOUSE BILL No. 387.
, AT Providing for the bulletining of
nviHwriVal of, Pneer trains. anU
thTiamf enalty tor the neglect oi
BltateeSriSnsa? the '. Of tt.
paSnvti0or 1- Jhat eVery crporatlo, coni.
1 Perso" operating a railroil
oiatelv 1'fTer f Kansaf shall, imme
caus!.Vio he lnB effect f ""a act,
in .h V P aced in a conspicuous placi
"CJ finger depot of such company
wfchli." a.ny 8tatio" in this state m
hoS? th.ere J3 a teleSrPh office, a biack-
corraJUitab,e "ire upon whlch
c2Ta k' con,Pny. or person shal
mes iX w.Viteni 'fast twentr
arrivAi Z X? sched"e time for the
I ch Pass"Ker train stopping
upon such route t th. ,..!
it be a regular train stopping upon
such route at such station m. turn
schVrinLth.? lact wnether such train is oil
" nd ,tne s'ons at which suctt
..rl was wbn report was received: pro
i.infh.OWever' tnat each t""1" that is
evr " ily .minues ha be bulletined
every thirty minutes thereafter a:id
state on said bulletin board the station
which said train was when report was re
ceived, until said train arrives. tn.
meaning that the report of an extra train
running as a substitute when a trail
running on regular schedule has been an
nulled. Sec. 2. That for each -violation of (h.n
provisions of this act on failing to report
or in not making full report, such corpo
ration, company or person in charge o
neglecting or s0 refusing to comply wit
the provisions of this act. shall pay tr.
sum of not less than ten dollars nor
more than fifty dollars, together with ai
costs to be recovered In an action to bl
prosecuted by complaint signed by an .
person s0 aggrieved or any citizen of
Kansas, or the prosecuting attorney ot
ivansas in which neglect or refusal oc
curred. . Sec. 3. This act shall take effect and be
in force from and after its publication in
the official state paper.
I hereby certify that the above B' l
originated In the House, and passed that
body March. 3, 1913.
W. L. BROWN.
Speaker of the Houss.
GEO. K. ROGERS.
Chief Clerk of the Houss.
Passed the Senate March 12, 1913
JOCETT SHOrSE.
President Pro Tern, of the Sonata.
HAL M. MORAN.
Asst. Secretary of the Senate.
Approved March IB, 1913.
GEO. H. HODGES,
Governor.
State of Kansas.
Office of the Secretav of State.
I. CHAS. H. SESSIONS, Secretary
State of the State of Kansas, do herebv
certify that the above and foregoing Is a
correct copy of the original enrolled b'll
now on file in my office.
IN TESTIMONY WHEREOF, I hava
hereunto subscribed mv name
Seal. and affixed my official seat,
this 18th day of March, 1913
CHAS. 11. SESSIONS.'
. Secretary of State.
Published in The Topeka State Journal
March 22, 1913.
SENATE BILL NO. 712.
AN ACT providing for the working of
the convicts in the Kansas State Peni
tentiary upon the public roads and high
ways within any county, and upon Uiw
streets and alleys within the cities an.!
incorporated towns located within tlia
state of Kansas, and to repeal all acts
and parts of acts in cnnfii... h.,..i.i,
Be it enacted by the Legislature of a
State of Kansas:
Section 1. Cnon the written fnm.AD. ,.r
...c n oi cuimiy commissioners of any
county or of the mayor and councilmn
or mayor and commissioners of any city
of the state of Kansas, the warden of t ti -Kansas
State Penitentiary may detail
such, convicts as in his Judgment shall
seem proper, not to exceed the number
specified in said written request, to wont
upon such public roads and highways of
such county or streets and alleys of any
city or incorporated town within su -ti
county, as shall be designated In said
written request of said hoard of county
commissioners; provided, that such county
shall pay all additional expenses of guard
ing said convicts while working upon said
public roads and highways within such
county, and shall furnish all tools and
materials necessary in the performance
of said work: and provided, that whe.i
said work is done within the limits of any
city or incorporated town within such
county or city or incorporated town wher
said work shall be done, shall likewise
pay all additional expenses of guarding
such convicts while performing said work,
and shall furnish all necessary material
used in said work; and provided, that the
board of county commissioners of any
county, or the proper municipal authori
ties in any city or Incorporated town,
shall pay to the warden of the state pen.
etntiary a sum of one dollar per day for
each convict so furnished by said war
den to said authorities: and provided,
that the earnings of such convicts, aftt-r
deducting sufficient thereof to Pay an I
satisfy the cost of maintenance and re
tention, shall be given to the family ct
such convict, or dependents of there be
any; if there be none, the sums accumu
lated shall be paid to such convict upon
his discharge from the penitentiary.
Sec. 2. It shall not be lawful for tie
warden to detail on public road work any
convict whom he believes to be danger
ous to himself or to his fellows or to tha
public, nor shall such a number of con
victs be detailed to this work as will im
pair the efficiency of any industrial un
dertaking now maintained at the sta.c
penitentiary as a matter of prison disci
pline and penal servitude.
Sec. 3. Said convicts, when employed
under the provisions of. section one .f
this act, shall not be used for the nui -
pose of building any bridge or structure
of i..e character, which requires the em-
fiw.viiii.t v. oiM.tirii i.'nji.
Sec. 4. The board of directors of th
penitentiary are hereby empowered tO
adopt a special rule applicable solely to
convicts employed upon the public work
herein authorized and contemplated
whereby convicts so employed shall be
granted one additional day as good tili'c
allowance out of every three mhile so en
gaged on the public work herein authcr
ized and contemplated, conditional upcii
their good behavior and cheerful conip.i
ar.ee with all the rules that may be made
i-e iwa.u wi im irci iiiivii.ik.iii
for the management and control of cor-
victs so employed, which, additional god
time allowance shall be In addition to
good time allowance otherwise provided
by iaw.
Sec. 6. AH acts and parts of acts In
conflict herewith are hereby repealed.
Sec. 6. This act shall take effect ami
be in force from and after its publication
in the official state paper.
I hereby certify that the above Bill or
iginated in the Senate, and passed that
body March. 3. 1913.
Senate concurred In House amendments
March 11, 1913.
SHEFFIELD INGALLS.
Pnsident of the Senate.
BURT E. BROWN,
Secretary of the Senate.
Passed the House March 11, 1913.
W. L. BROWN.
Speaker of the House.
GEO. E. ROGERS.
Chief clerk of the House.
Approved March 12, 1913.
GEO. H. HODGES.
Governor.
State of Kansas.
Office of the Secretary of Mate.
I, CHAS. H. SESSIONS, Secretary of
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on file In my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
and affixed my official seal,
this 15th d-y of March. 191J
CHAS. H. SESSIONS.
Secretary of Stats