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Indian reservation lands. Any Indian violating the provisions of this act shall be deemed guilty of a misdemeanor: Penalty, fine from $20 to $50 or imprisonment from ten to thirty days, or both fine and imprisonment.

NOTE.-New features: First. Appointment of special deputy game wardens.

Second. Concerning penalty for hunting without permit.

Third. Concerning illegality of State game warden to issue special permit, which subjects him to fine from $50 to $200, with costs.

Fourth. Concerning arrest of persons violating game law.

Fifth. Including plover in list of game birds.

Sixth. Concerning duties of game warden, deputies, and peace officers to seize game, and paragraphs following, relative to sale of game seized, resisting officer, construction of game laws, propagation of game and fish, subjection of Indians to game laws, etc.

Fish.-An act to protect planted fish in the waters of the State of North Dakota and to provide penalties for their destruction or injury. (Chap. 84, p. 133, approved March 9, 1897.)

Section 1 declares that all planted fish or fish eggs placed in the public waters of the State of North Dakota for the purpose of propagation, breeding, or growth shall be, and are hereby, protected for a period of five years from the time of such planting. Removal of planted fish or eggs from public waters before the end of time specified, or destruction or injury of the same, is declared a misdemeanor: Penalty, fine from $20 to $50 for every fish or egg removed or destroyed or imprisonment from thirty to ninety days, or both fine and imprisonment.

Horse thieves.-An act to provide for the arrest and conviction of horse thieves. (Chap. 88, p. 139, approved February 20, 1897.)

Section 1 provides for the payment of $100 to any person for the arrest and conviction of each and every person that steals any horses, cattle, or mules in the State of North Dakota.

Section 2 determines how such bounty shall be obtained.

Noxious weeds.-An act to amend section 1683 of the Revised Codes of North Dakota, relating to noxious weeds, manner of destroying them. (Chap. 103, p. 172, approved March 9, 1897.)

The amended section declares that certain noxious weeds herein named shall be destroyed by person owning or occupying land upon which said noxious weeds grow and bear seed, and prohibits depositing in the highway or in or along the banks of any natural water course any of said noxious weeds.

Violation of provisions is declared a misdemeanor: Penalty, fine from $10 to $50. The time and manner of destroying said weeds shall be prescribed by board of county commissioners.

NOTE.-New feature: Concerning deposit of noxious weeds in highway and penalty imposed for violation.

Osteopathy.-An act relating to the practice of osteopathy in the State of North Dakota. (Chap. 105, p. 173, approved February 16, 1897.)

Section 1 authorizes the treatment of diseases by the practice of osteopathy, provided that diploma has been filed and recorded.

Any person who shall practice osteopathy without having complied with the provisions of this act concering diploma shall be deemed guilty of a misdemeanor: Penalty, fine from $50 to $100 for each offense; provided, that nothing in this act shall be construed as prohibiting any legally authorized practitioner of medicine or surgery in the State of North Dakota from curing or relieving disease with or without drugs, or by any manipulation by which any disease may be cured or alleviated. Railroads.—An act to regulate the transportation of passengers and property by common carriers, etc. (Chap. 115, p. 221, approved March 8, 1897.)

Sections of this act deal with the duties of the commissioners of railroads relative to the supervision of railroads, railroad and bridge corporations, and ferry companies, and with the duties of railroad companies relative to furnishing suitable cars for transportation of freight and passengers, and instituting reasonable charges for the

same.

Unjust discrimination by any railroad corporation or common carrier with regard to rates of transportation is prohibited; also making or giving preference or advantage to any particular person, company, firm, corporation, or locality or any particular description of traffic respecting transportation. Facilities for interchange of traffic between railroad corporations and common carriers are allowed.

Long and short hauls are prohibited; also freight pooling.

Provision is made for the printing of schedules showing rates and fares for the transportation of passengers and property, which shall be open to public inspection, and for continuous carriage of shipments within the State; also for recovery of damages by persons injured on account of violations by railroad companies.

Railroad corporations committing any act herein prohibited, or failing to do any act required or that shall be guilty of any infraction of this act, are declared guilty of a misdemeanor: Penalty, fine from $500 to $5,000.

SEC. 38. Any railroad, railroad corporation, or common carrier guilty of extortion or making any unjust discrimination as to passenger or freight or other rates for the use and transportation of railroad cars or in receiving, handling, or delivering freights or property shall be subject to penalty of fine from $1,000 to $5,000 for first offense, and for every subsequent offense to fine from $5,000 to $10,000, forfeited to the State of North Dakota.

The proceedings against railroad corporations upon complaint of persons injured are determined relative to investigation, findings, hearing evidence, and decision. Free transportation and reduced rates are allowed in certain cases set forth in section 41 of this act.

NOTE.-Former penalty against individuals (see section 23 of above act) was fine from $2,500 to $5,000 for first offense and from $5,000 to $10,000 for each subsequent offense. Above act embraces, to a large degree, former legislation upon the subject of railroads.

Trusts and combinations.-An act to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations made with a view to lessen, or which tend to lessen, free competition in the importation or sale of articles imported into this State, or in the manufacture or sale of articles of domestic growth or of domestic raw material; to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations between persons or corporations designed or which tend to advance, reduce, or control the price of such product or article to producer or consumer of any such product or artícle; to provide for forfeiture of the charter and franchise of any corporation, organized under the laws of this State, violating any of the provisions of this act; to prohibit every foreign corporation violating any of the provisions of this act from doing business in this State; to require the attorney-general of this State to institute legal proceedings against any such corporations violating the provisions of this act, and to enforce the penalties prescribed; to prescribe penalties for any violation of this act; to authorize any person or corporation damaged by any such trust, agreement, or combination; to sue for the recovery of such damage, and for other purposes. (Chap. 141, p. 318, approved March 9, 1897.)

Section 1 declares trusts and combinations unlawful which prevent full and free competition in the importation or sale of articles imported into the State of North Dakota, or in the manufacture or sale of articles of domestic growth, or which reduce or control the price or cost of articles.

SEC. 2. Violation of the provisions of this act shall subject to forfeiture of charter and franchise of corporation doing business contrary to provisions.

SEC. 3. Any violation of the provisions of this act shall be deemed a conspiracy against trade, and any person or persons who may engage in such conspiracy shall be punished by a fine from $100 to $5,000 and by imprisonment in the penitentiary from one year to ten years, or either fine or imprisonment.

Persons injured by corporation violating provisions may sue for and recover damages.

NOTE.-Former penalty accompanying loss of charter was fine from 1 to 20 per cent of the capital stock of corporation or of amount invested.

Formerly engaging in a "trust" was held to be a misdemeanor, the penalty for which (see sec. 6812, Revised Statutes) was fine not exceeding $500 or imprisonment not exceeding one year, or both.

University and school lands.—An act to amend sections 211, 219, 222, 224, 227, and 228 of Article III of the Political Code of the Revised Codes of North Dakota, relating to the board of university and school lands. (Chap. 145, p. 130, approved February 24, 1897.)

The amended sections of this act deal with the duty of county auditor relative to making returns concerning university and school lands, and with the selection and lease of lands for school and university purposes.

Cutting hay or feeding any grass on said lands prior to July 1 in any year is declared a misdemeanor, subject to penalty provided in section 225 of the Revised Codes.

Provision is made for granting permits to cut hay and to remove dead and down timber from board of university and school lands.

Taxation.-An elaborate law revising previous legislation. approved March 8, 1897.)

(Chap. 126, p. 256,

Section 50 imposes a penalty of not less than $25 for the neglect of any city, village, town, township, or school district officer who refuses to make report of the amount of taxes to be levied within a specified time.

SEC. 63. The county treasurer and sheriff are made liable for the whole amount of taxes they may fail to collect.

Section 95 provides that no deed shall be recorded without auditor's certificate of taxes paid. Violation, a misdemeanor: Penalty, fine $100 to $1,000.

SEC. 103. Neglect of duty by officers of county or township is punishable by a fine of $200 to $1,000.

OHIO.

1898.

Felony and misdemeanor defined.-Offenses which may be punished by death, or by imprisonment in the penitentiary, are felonies; all other offenses are misdemeanors. (Statutes, sec. 6795.)

Penalty is determined by statutes and affixed to crimes.
Over 1,000 crimes and offenses are indexed.

Cruelty to animals.-An act to amend section 6951 of the Revised Statutes of Ohio as amended April 15, 1881 (78 O. L., p. 134), and March 24, 1892 (89 O. L., p. 140). (P. 15, approved February 23, 1898.)

As amended the section named prohibits cruelty to animals by beating, mutilating, lack of good food and water, carrying in an inhuman manner, overwork, crowded transportation, etc. Penalty, fine from $5 to $200, or imprisonment not exceeding sixty days, or both.

Dehorning of cattle is allowed.

NOTE.-New feature: Working of infirm or diseased animals reckoned as cruelty.

Safety of employees.-An act to amend supplementary section 2573c of the Revised Statutes of Ohio, as amended and passed April 25, 1893. (P. 30, approved March 3, 1898.)

As amended this section named provides for the notification to owners, proprietor, or agents of shops or factories of necessary alterations or additions to secure safety to employees. Failure to comply with order of notice within the limit of time granted is declared a misdemeanor: Penalty, fine from $50 to $500, and $10 additional for each day until such alterations and additions have been made.

Further provision is made for recording all examinations of shops and factories, showing the date when made, condition in which shops and factories are found, what changes were ordered, number of shops and factories in districts, number of men, women, and children employed, together with all such other facts and information of public interest concerning the condition of shops and factories as may be thought useful and proper, in the office of the chief inspector, who shall issue such instructions and make such rules and regulations for the government of the district inspectors as shall secure uniformity of action and proceedings throughout the different districts, said record to be filed as herein provided.

Weighing of coal.-An act to provide for the weighing of coal before screening. (P. 33, approved March 9, 1898.)

Sections of this act prohibit the screening of coal before weighing by any mine owner, lessee, or operator of coal mines in the State of Ohio, employing miners at bushel or ton rates, or other quantity, or by the class of workers engaged in mines wherein the mining is done by machinery, known as loaders.

Violation, a misdemeanor: Penalty, fine from $300 to $600.

The same.-An act for regulating the weighing coal at the mine where mined. (P. 163, approved April 21, 1898.)

Section 1 declares that whoever shall be employed to weigh coal as it comes from the mine shall take and subscribe an oath that he will correctly weigh all coal taken from such mine, and shall enter into bond in the sum of $300 for the faithful discharge of such oath.

Violation of such oath subjects to fine from $50 to $500, or imprisonment from ten to sixty days, or both.

Unsafe buildings.-An act to amend sections 2572 and 2572b of the Revised Statutes of Ohio, amended and passed April 27, 1896 (O. L., vol. 92, pp. 408 and 409). (P. 34, approved March 9, 1898.)

The amended sections provide for the safety against fire of buildings used for the assemblage or betterment of people in the State of Ohio, and declare that persons

having control of such buildings who fail to comply with provisions herein prescribed shall be deemed guilty of misdemeanor: Penalty, fine from $50 to $500, and $10 additional for each day or night such building is permitted to be used until changes, alterations, or additions have been made sufficient to warrant the issuing of certificate by the chief inspector of workshops and factories.

The duty of building inspectors is regulated relative to the time of making inspections.

NOTE. Formerly the penalty was forfeiture or payment of a sum from $50 to $1,000, to be recovered with costs, for each day and night such place was permitted to be used or occupied contrary to requirements.

New feature: Concerning access to building by inspectors.

Health of female employees.-An act to amend section 1 of an act amended and passed March 6, 1891 (O. L., vol. 88, pp. 87 and 88), and section 2, passed April 16, 1885 (0. L., vol. 82, p. 132), entitled an act for the preservation of the health of female employees. (P. 35, approved March 9, 1898.)

As amended, the sections named declare that every person or corporation employing female employees in any manufacturing, mechanical, or mercantile establishments in the State of Ohio shall provide suitable seats for the use of such female employees and regulate the construction of said seats.

Provision is also made for having suitable dressing rooms and closets for the exclusive use of female employees, such closets not to be placed in basement or cellar unless basement or cellar is used for manufacturing, mechanical, or mercantile purposes, and females are employed therein. Furthermore, outside closets shall be placed at a distance from buildings not to exceed 20 feet in cities, towns, and villages not provided with a system of water works. If buildings are provided with a dry-closet system, such closets shall be kept in good sanitary condition at all times.

The State inspector of factories and workshops is charged with the duty of seeing that above provisions are observed and enforced.

Violation, a misdemeanor: Penalty, fine from $10 to $25 for each offense.

Accidents in workshops.-An act to amend section 2 of an act entitled "An act to provide for the collection of information relative to accidents occurring in the workshops and factories of the State," passed March 21, 1888 (O. L., vol, 85, p. 100; R. S., vol. 2, p. 2442). (P. 43, approved March 9, 1898.)

The amended section declares that any manufacturer who shall fail to comply with the requirements of this act, in each case of death by accident within seven days thereafter, and in each case of injury by accident within thirty days thereafter, shall be deemed guilty of a misdemeanor: Penalty, fine from $10 to $50.

The term "manufacturer," as applied in sections 1 and 2 of this act, is herein defined.

Noxious weeds.-An act to amend section 4730 of the Revised Statutes of the State of Ohio, as passed April 25, 1893. (P. 49, approved March 15, 1898.)

The amended section provides for the destruction of brush, briars, Canada or common thistles, or other noxious weeds growing upon highways of any city or village in the State of Ohio.

Failure on the part of the superintendent or manager of any toll road to cut and destroy weeds as herein specified shall subject such toll road company to the amount of cost of such work done by trustees of township, together with 100 per cent penalty and cost of action.

Disposal of dead bodies.-An act to amend section 3763, as amended February 19, 1881 (78 O. L., p. 33), of the Revised Statutes of Ohio. (P. 84, approved April 5, 1896.)

The amended section determines the restrictions under which medical colleges and teachers may receive bodies for dissection, and provides for the delivery of body to claimant, and for interment of body after examination or dissection, if so used; also for notification to relatives of deceased person. Any superintendent, coroner, infirmary director, sheriff, or township trustee failing or refusing to deliver bodies when applied for as herein provided, or who shall charge, receive, or accept money or other valuable consideration for the same, shall be subject to fine from $25 to $100, or imprisonment not exceeding six months, provided that no such body shall be delivered until twenty-four hours after death.

The bodies of strangers or travelers who die in any of the institutions herein named shall not be delivered for the purpose of dissection except said strangers or travelers belong to that class commonly known as tramps; and all bodies delivered as herein provided shall be used for medical, surgical, and anatomical study only.

The unauthorized possession of the body of any deceased person for the above purposes is declared unlawful, and the detention of the body of any deceased person

claimed by relative or friends shall also be unlawful, subjecting to penalty of fine from $25 to $100, or imprisonment not exceeding six months.

Handrails for staircases.-An act to amend section 2 of an act entitled "An act to give better protection to such persons as use and pass up and down stairways," etc. (P. 87, approved April 7, 1898.)

The amended section declares that any person or persons owning or having charge of stairs or stairways of buildings named in act, as directors, trustees, lessees, managers, or proprietors of any of said buildings wherein said stairs are erected and used for the purposes aforesaid, and neglecting or refusing to provide hand railings, and put up and keep the same in manner as prescribed, shall be deemed guilty of a misdemeanor: Penalty, fine from $10 to $100, and liability to person injured.

NOTE.-New feature: "It shall be the duty of the chief inspector of workshops and factories, or district inspectors, to enforce the provisions of this act.

Railroad telegraphs.-An act to provide for the erection and maintenance of a telegraph or a telephone wire along the line of steam railroads. (P. 88, approved April 7, 1898.)

Section 1 provides for the erection and maintenance of telegraph or telephone wires by railroad companies, and declares it unlawful for any steam railway company to ask or receive compensation for carrying or transporting passengers or freight over its railroad unless wires are maintained.

Section 2 declares that the charter of any steam railway or any steam railroad company failing or neglecting to comply with the conditions of this act shall be declared forfeited; and any officer, agent, or other person acting for or in behalf of any such steam railway company who shall order, direct, advise, ask, demand, or receive any compensation whatever for the carrying or transportation of passengers or freight over its railroad by any steam railway company mentioned, designated, described, or provided for in this act shall be subject to fine from $100 to $500, or imprisonment from thirty to ninety days, or both.

Imitation cheese.-An act to amend sections 1 and 3 of an act entitled "An act to prevent fraud in the manufacture and sale of imitation cheese," passed March 3, 1896 (92 O. L., p. 51). (P. 89, approved April 7, 1898.)

The amended sections provide for the branding of "filled cheese", and "skinned cheese."

Selling for cheese any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese, subjects to penalty of fine from $50 to $100, or imprisonment from ten to thirty days for the first offense, and for each subsequent offense, fine from $100 to $200, or imprisonment from twenty to sixty days. Commercial fertilizers.-An act to amend section 7002 of the Revised Statutes of Ohio (selling fertilizer without printed analysis). (P. 95, approved April 8, 1898.) The amended section declares that whoever sells, exposes for sale, or offers for sale any commercial fertilizer without having complied with the provisions of sections 4446a, 4446b, and 4446c, of the Revised Statutes shall be fined in any sum not exceeding $200, or imprisonment not more than thirty days, or both, and said fine or imprisonment, or both, shall not be a bar to the recovery of the civil penalty provided for by sections 4446f and 4446g of the Revised Statutes.

Commercial fertilizers.-An act to amend section 4446f and 4446g of the Revised Statutes of Ohio (being part of an act entitled "An act to regulate the manufacture and sale of commercial fertilizers," passed March 16, 1881, and amended April 27, 1893, and April 17, 1894). (P. 111, approved April 13, 1898.)

The amended sections provide penalty of fine not less than $200 for first offense and not less than $500 for every subsequent offense, with liability for damages for sale of commercial fertilizers contrary to provisions of sections 4446a, 4446b, and 4446c of the Revised Statutes, and for permitting analysis to be attached to any package of such fertilizer stating that it contains a larger percentage of any one or more of the required constituents than it really does contain.

Provision is made for bringing suit for the recovery of penalties in the court of common pleas of the county where the fertilizer was sold or manufactured.

Abandonment of parents by children.-An act to prevent the abandonment of parents by children. (P. 114, approved April 13, 1898.)

Section 1 declares that any adult person, a resident of the State of Ohio, having a parent within the State, who shall abandon a destitute, infirm, or aged parent shall be deemed guilty of a misdemeanor: Penalty, imprisonment at hard labor from three months to one year, sentence to be suspended on condition that said person shall give surety to the State of Ohio in the penal sum of $1,000 that he will furnish such parent with necessary and proper shelter, food, care, and clothing.

NOTE.-The above act coincides with law in force for abandonment of child by parent.

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