Chapter 103, amending the charter of the town of Guyandotte, section 40, provides that no fine shall be imposed exceeding $30 and no person imprisoned or compelled to labor more than thirty days. These examples indicate the range of penalties in town ordinances.

GAME LAWS.

Fish and game.—An act for appointment of game and fish warden and prescribing his duties and compensation. (Chap. 13, p. 52, approved February 25, 1897.) Section 1 provides that the governor shall appoint such a warden, who shall hold his office for four years unless removed for cause by the governor. Provision for salary and mileage is also made.

Section 2 prescribes his duties.

Section 3 defines how proceedings may be commenced, against whom; how seizures are to be made, where and when.

Sections 4, 5, and 6 relate to serving processes, making reports, etc. Penalty for interfering with duty of warden, a misdemeanor punishable by fine of not more than $50 with costs of suit; in default of payment, confinement in county jail till fine and costs are paid, but not to exceed thirty days.

Fish in Potomac River.-An act to provide for the time and method of taking or catching black bass, green bass, rock bass, pike or pickerel or wall-eyed pike in the Potomac River. (Chap. 17, p. 59, approved February 22, 1897.)

It is forbidden to catch these at any time of the year save only with rod, hook, and line, or dip net, and not at all between April 15 and June 1 each year. Persons violating, guilty of misdemeanor: Punishment, imprisonment in jail not exceeding six months or by fine not exceeding $300, or by fine and imprisonment.

Birds and animals.-An act to amend and reenact sections 1, 4, 6, 10, 11, 15, 16, and the addition of section 15a of chapter 62 of the Code of West Virginia of 1891, entitled "For the preservation of certain useful animals and birds." (Chap. 30, p. 81, approved February 24, 1897).

Section 1 makes close season from December 1 to October 1, instead of December 15 to September 15. Also adds quail, pheasant, and ruffed grouse to other game: Penalty, fine $20 to $50, or imprisonment in jail not more than sixty days.

Section 4 prohibits fishing in creeks or rivers except with hook and line from March 1 to November 15, instead of from April 1 to December 1. Provision made for measurement of fish, for catching fish in private waters, etc. Season changed from April 1 to June 15 to April 15 and June 15, when it shall be unlawful to catch certain fish. Made unlawful to catch bass by spear or gig between April 15 and November 1 of each year. Penalty for willfully letting water out of fish ponds, with intent to take fish, imprisonment in jail not exceeding six months or fine not exceeding $200, or both.

Section 6 provides when nets, traps, etc., placed in rivers may be destroyed. No nets or obstructions allowed in rivers between November 15 and March 1. Dimen

sions of nets and seines given. Penalty for violating this section, fine of not less than $10 nor more than $25, or imprisonment in jail not exceeding ten days. Penalty for killing fish by explosives, fine $100 to $200 or imprisonment in jail not less than one nor more than six months.

Section 10 makes it unlawful to catch, kill, injure, or have in one's possession certain birds or to take their eggs. (Thirty-three kinds of birds are named "whose habits are not essentially predatory upon and destructive of the agricultural products of man.")

Section 11 makes it unlawful to catch or kill or injure partridges, etc., between December 15 and November 10 following, or wild turkey between January 1 and October 15, or ducks and geese of various kinds between April 1 and October 1; or snipe except between March and July 1, or woodcock except between July 15 and November 1. The use of traps and swivel guns forbidden. It is made the duty of the market master of any city, town, or village to arrest those violating these provisions. Officers failing to prosecute liable to fine not exceeding $25.

Section 15 makes it unlawful to have certain birds in possession during certain months: Penalty, fine not less than $5 nor more than $25, or imprisonment in jail not exceeding thirty days. Use of ferrets for catching rabbits forbidden: Penalty, $5 to $20.

Killing of deer.-An act to amend and reenact section 1 of chapter 62 of the code concerning the killing of deer. (Chap. 31, p. 88, approved February 17, 1897.) Killing of deer propibited for five years: Penalty, fine $20 to $50 or confinement in jail not more than sixty days.

WISCONSIN.

1897.

Felony defined.-The term "felony," when used in any statute, shall be construed to mean an offense for which the offender, on conviction, shall be liable by law to be punished by imprisonment in a State prison. (Statutes 1898, sec. 4637.)

NOTE.-An offense not a felony at common law will not be regarded as such unless by express words of the statute, or by necesssary implication. Wilson v. State, 1 Wis., 184.

Misdemeanors.-In all cases, not otherwise specially provided by law [i. e., statute law of the State], where a forfeiture shall be incurred by any person, and the act or omission is punishable by fine and imprisonment, or by fine or imprisonment, or is specially declared by law to be a misdemeanor, it shall be deemed a misdemeanor within the meaning of this chapter [for the collection of forfeitures]. The word forfeiture, as used in this chapter, shall include any penalty, in money or goods, other than fine. (Sec. 3294).

A note to the above is as follows:

Misdemeanor: The violation of a municipal ordinance prohibiting that which was not punishable at common law or by statute, and providing as a penalty a fine. and in default of payment, imprisonment, is not a misdemeanor. (Oshkosh v. Schwartz, 55 Wis., 483).

Ferry across the Mississippi River (chap. 67, p. 92, approved March 17, 1897).-An act to establish a ferry across the Mississippi River from Buffalo County, in the State of Wisconsin, to the city of Wabasha, in the State of Minnesota.

Erik Alme is authorized to operated a ferry for ten years. The rates of ferriage are indicated, and if said Erik Alme shall demand or charge any greater sum he and the sureties on his bond shall be liable to the party aggrieved in the sum of $20 for each and every such act.

SEC. 7. Penalty for establishing a rival ferry: "If any person or persons shall, after the establishment of said ferry as aforesaid, set up, keep, and maintain any ferry, or shall carry any person or persons for hire or pay across the Mississippi River from any point in Buffalo County, Wis., situated on lots three, four, and five, section thirteen, town twenty-two, range fourteen west, on the east side of the shore or waters of the Mississippi River in said county of Buffalo, to the city of Wabasha, every person shall for every such offense forfeit and pay the sum of ten dollars to the said Erik Alme, his associates or assigns, and may also be restrained by injunction at the suit of said Erik Alme, his associates or assigns."

NOTE.-Approaching this prohibition of rival ferry is section 1356, an unlicensed ferry is liable to fine of $20.

Cleanliness in milk dairies (chap. 94, p. 156, approved March 24, 1897). —An act to secure cleanliness in milk dairies.

SEC. 1. The dairy and food commissioner or his agents shall have full access to all premises where milk is stored, produced, or handled for the city milk trade. They are empowered to enforce such measures as may be necessary to prevent the sale of milk from diseased cows or from cows fed upon unwholesome food, and to require cleanliness in all barns, stables, or buildings where milk is produced for the city milk trade.

SEC. 2. Violation, a misdemeanor: Fine, $25 to $100 for first offense and $100 to $200 for each subsequent offense.

Adulterated milk (chap. 106, p. 168, approved March 26, 1897).-Amends section 1, chapter 425, laws of 1889, relating to fines for the sale of unmerchantable or adulterated milk. The former penalty was $10 to $100. As amended it is $25 to $100 for each offense.

Inspection of petroleum (chap. 114, p. 182, approved March 26, 1897).-Provides for the inspection of illuminating oils or petroleum and petroleum products. Amends or repeals previous laws. Authorizes the governor to appoint a State supervisor of oils, who is empowered to appoint and oversee all deputy inspectors of oils. Their duties are likewise defined.

SEC. 5. To falsely brand casks, barrels, or other packages of oil, or to alter the brand affixed by the deputy inspector, or to refill and use a cask having the inspector's mark without obliterating his brand, a misdemeanor: Penalty, $5 to $500 or imprisonment in county jail not more than six months, or both. To dispose of any empty cask or barrel without first canceling or removing such brand a misdemeanor. The same penalty.

NOTE. This section essentially new.

Section 6 forbids the use of petroleum which will emit a combustible vapor at a temperature less than 100° above the zero point of Fahrenheit's thermometer, or will burn freely at a temperature less than 120°, and no oil shall be burned for illuminating purposes on railroads or steamboats and carried as freight which will burn at a temperature of less than 300° of Fahrenheit's thermometer. Violation, misdemeanor: Penalty, $100 to $1,000, and liable for resulting damages.

NOTE.-Former penalty, fine to $100 or jail six months.

Section 7 provides for the branding of barrels with rejected oil. Offering such oil for sale a misdemeanor: Penalty, $100 to $1,000 or imprisonment in county jail not more than six months, or both, in discretion of the court.

NOTE -Substantially the same as before with penalty added.

Other sections provide for the form of test and the fees for making the same. Deputy inspectors are to keep an accurate record of all inspections. They are forbidden to traffic directly or indirectly in such oil: Penalty, removal from office, and fine from $100 to $500, but provisions of this section in regard to dealing in oil do not apply to deputy inspectors whose inspections do not exceed 1,500 barrels a year.

SEC. 12. It is made the duty of inspectors to notify the county district attorneys of violations of this act. Failure to do so a misdemeanor: Penalty, not exceeding $50 and removal from office. In case the death of any person shall result from the explosion of lamps or vessels containing illuminating oils sold or used in violation of the provisions of this act the persons selling or furnishing said oil for use shall be deemed guilty of manslaughter in the third degree, and shall suffer the penalty in that case made and provided.

Oil in transshipment to other States is not molested, and the act does not apply to crude petroleum.

Proctection of fish hatcheries (chap. 132, p. 219, approved March 30, 1897).— SEC. 1. Killing fish in State fish hatchery or taking any fish therefrom a misdemeanor: Penalty, $10 to $25 or imprisonment ten to thirty days.

SEC. 2. Taking fish from grounds connected with the fish hatchery shall be deemed larceny: Penalty, as provided in section 4415 of the Revised Statutes, as amended. SEC. 3. Injury to fish or harmful interference with ponds, streams, or other property of State fish hatchery a misdemeanor: Penalty, fine $5 to $100.

Section 4 authorizes the superintendent or other person in charge of any fish hatchery to summarily arrest offenders and to deliver them to proper officers for prosecution.

Foul brood among bees (chap. 150, p. 250, approved April 1, 1897). The governor is authorized to appoint a State inspector of apiaries, whose duty it shall be to inspect apiaries when notified, and others in the same locality not reported. He may give instructions as to the treatment of the disease known as foul brood, and may burn all colonies of bees and combs that may not have been cured on his second visit.

SEC. 4. If the owner of a diseased apiary, honey, or appliances shall sell, barter, or give away any bees, honey, or appliances or expose other bees to the danger of said disease or refuse to allow inspection, he shall be fined $50 to $100, or imprisoned in the county jail from one to two months.

The inspector is to make an annual report and may receive $4 a day for traveling expenses for actual time served. The sum of $500 a year is appropriated to cover all expenses for suppression of foul brood in Wisconsin.

Labeling convict-made goods (chap. 155, p. 257, approved April 1, 1897).— Section 1 provides that all goods made by convict labor in any State except the State of Wisconsin shall be branded "convict made," with the year and name of the penitentiary, reformatory, or other establishment in which it was made, "in plain English lettering, of the style and size known as great primer, Roman condensed capitals." Section 3 makes it the duty of the commissioner of labor statistics and the district attorneys of the several counties to enforce the provisions of this act.

SEC. 4. To sell convict-made goods without the brand or label, or removing such label, a misdemeanor: Penalty, fine $100 to $500, in the discretion of the court.

Sale of vaccine virus, toxins, etc. (chap. 159, p. 262, approved April 1, 1897).— Makes it unlawful to sell or distribute gratuitously any vaccine virus, therapeutical serum, modified toxins, and similar products intended to be used in the prophylaxis or treatment of contagious diseases, unless the same shall have the stamp of the firm or person's name put upon it in plain English language.

SEC. 2 Violation, misdemeanor: Penalty, $25 to $100 for each offense or imprisonment in county jail from thirty to sixty days, or both.

Wisconsin National Guard (chap. 162, p. 266, approved April 1, 1897).—Amends the laws of 1893, chapter 292, and laws of 1895, chapter 181, relating to the Wisconsin National Guard.

Section 3 forbids the issuing of arms except in case of war, insurrection, or imminent public danger, and no person shall use public arms or equipments for private use or retain them unless properly issued to him in pursuance of law: Penalty, $20 to $50, or imprisonment in county jail from ten to sixty days, or both.

NOTE. The amendment of this section consists in the addition to the fine of punishment by imprisonment. Other sections modified do not involve penalties.

Adulteration of food and drugs (chap. 166, p. 275, approved April 2, 1897).— Prohibits the adulteration of drugs and food, defines the term drugs and food and also the meaning of "adulterated." Provides for the labeling of goods. Baking powders containing alum must be so labeled, and medicines containing morphine or strychnine shall also be labeled if contained in patent medicines in quantities which the State board of health shall deem harmful to public health.

SEC. 7. Violation of act, misdemeanor: Penalty, $25 to $100.

NOTE. This act amends and repeals previous legislation; is, however, substantially new especially as to the definitions in section 3. Former penalty dating back to 1879, imprisonment not less than nine days nor more than six months, or fine from $10 to $100, or both.

Drawing petit jurors (chap. 176, p. 291, approved April 2, 1897).-An act to regulate the manner of drawing petit jurors. Revises previous legislation in various details.

Section 15 makes it unlawful for any person either directly or indirectly to solicit the commissioners to have his name put on any jury lists. Violation, misdemeanor: Penalty, fine not less than $100 imprisonment in county jail not less than ten days, or both.

Section 7 provides that when a sufficient number of jurors can not be obtained for the trial of any cause, the court may cause duly qualified jurors to be returned from the bystanders or from the county at large, but the jurors so summoned shall be paid only for service in such cause.

NOTE.-Up to 1875 the talesmen thus drawn were paid less than those drawn regularly to serve. There is a curious and vigorous note in the supplement of 1883. "The picayune treatment of men suddenly called from among bystanders to serve sometimes for days while jurors challenged or on another panel are sitting idly and drawing full per diem has disgraced the statute long enough. It is a specimen of saving drippings at the spigot while the bung is running a full stream."

Prohibiting pool selling (chap. 187, p. 324, approved April 8, 1897).—An act to prohibit pool selling and the receiving and transmitting of bets.

Section 1 forbids pool selling or book making and the registering of bets on the results of trials of skill or speed of man or beast or upon the result of any political nomination, appointment, or election, or upon any other uncertain event. It is made unlawful for any person to receive, register, or record such wagers, or to occupy any place or building with books, papers, or apparatus for registering wagers. The section is an elaborate one.

SEC. 2. Penalty for violating preceding section $100 to $500 or imprisonment in county jail not exceeding ninety days.

SEC. 3. It is made unlawful to resort to any place upon any public or private ground within the State within which is carried on any of the acts mentioned in section 1. Violation, fine $50 or imprisonment in county jail not exceeding thirty days.

Hotels and inns (chap. 197, p. 358, approved April 9, 1897).-Forbidden to obtain food and lodging at hotel with intent to defraud: Penalty, fine not exceeding $100 or imprisonment in county jail not exceeding three months.

Sections 2 and 3 provide that the complainant shall give security for costs, and actions not to be settled until all costs are paid.

NOTE.-Sections 2 and 3 new. Penalty unchanged.

Sodomy (chap. 198, p. 359, approved April 9, 1897).-Revises section 4591. Fenalty for sodomy, imprisonment one to five years.

NOTE.-Penalty unchanged, but prohibition more explicit.

Record of births and deaths (chap. 202, p. 365, approved April 10, 1897).—An act to provide for a more correct record of births and deaths. Revises previous legislation.

SEC. 11. Duty of the district attorney in each county to enforce the law: Penalty for violating act, $10 to $50 for each offense or county jail thirty to sixty days, or both, in discretion of the court.

NOTE.-Former penalty not less than $50 nor more than $100.

Obstructing railroads (chap. 208, p. 377, approved April 10, 1897).—Amends section 4386 of the Revised Statutes by inserting the words "steam, electric, or cable," so that the prohibition as to placing obstructions on tracks, shall apply to those of electric or cable as well as to steam railroads: Penalty, imprisonment in State prison one to ten years.

NOTE.-Penalty unchanged.

Civil service (chap. 218, p. 391, approved April 12, 1897).-Amends chapter 313 of the laws of 1895 relating to civil service of cities.

Section 3, providing an annual tax to be levied for a fund to be known as city civilservice fund. This is a new feature. Also section 7, making it the duty of the board to investigate the enforcement of the act. Other sections following are also new.

Section 8 refusing to testify when subpoenaed a misdemeanor, punishable by fine or imprisonment as provided in section 19 of the act amended.

NOTE. The penalty imposed in the act is a fine of from $50 to $1,000 or imprisonment in the county jail not exceeding six months, or both.

Regulates running of vessels (chap. 219, p. 396, approved April 12, 1897).— Certain lakes in the county of Waupaca declared navigable. Obstructions in said lakes unlawful, and regulations as to lights and steering.

SEC. 4. Penalty for violating provisions, $10 for each violation.

License for deer hunting (chap. 221, p. 401, approved April 13, 1897).—An act to require license for the hunting of deer. An act of fourteen sections.

SEC. 1. License required to hunt or kill deer: Penalty, $50 to $200 or imprisonment in county jail two to nine months, or both.

SEC. 2. Licenses to be issued by the secretary of state.

SEC. 3. No transportation company shall receive deer unless the same shall have one coupon from a license issued under the provisions of this act attached to each such carcass or part of a carcass: Penalty, $100 to $500.

The license fee for residents is $1; for nonresidents, $30.

able.

License is not transfer

SEC. 6. Penalty for transferring licenses, $50 to $100 or county jail from sixty days to six months.

SEC. 12. Penalty for changing or altering a license, $200 to $500 or county jail from six months to one year.

SEC. 13. Penalty for making false statement, county jail four months or State prison one year or fine $500 to $1,000, or both fine and imprisonment.

State board of fish commissioners (chap. 222, p. 408, approved April 14, 1897).-Revises and amends the laws of the State relating to the organization, powers, and duties of the State board of fish commissioners.

Section 8 gives the authorized agents of the fish commissioner the right to enter boats, docks, grounds, or other places for the purpose of stripping fish of their eggs and milt while alive during the spawning season. Any person or corporation refusing to comply a misdemeanor: Penalty, $50 for each offense; former penalty, $10 to $10.

SEC. 9. Employees of fish commission having unlawful possession of fish: Penalty, $25 to $50 and removal from office.

SEC. 10. Penalty for taking fish eggs out of the State without permit not less than $50.

Water in public highways (chap. 224, p. 418, approved April 14, 1897).—An act to provide for use of water in public highways.

SEC. 1. The general public shall have the right to use and take water from any spring, creek, or running water of whatever nature that may be found running in or across the limits of any public highway in the State; providing, however, that this act shall in nowise interfere with the tunneling or piping of water for the purpose of draining or improving any lands upon either side of such highways.

SEC. 2. Any person owning land bordering any such highway who shall in any manner interfere with the free use of the same by the public shall be guilty of a misdemeanor and in addition thereto shall be liable to any person damaged thereby to the amount of such damage.

Street railways and electric companies (chap. 223, p. 414, approved April 14, 1897). An act to provide for the payment of license by street railway and electric companies within the State of Wisconsin. Mostly a reenactment of act of 1895. SEC. 4. Duty of companies to file verified statement as to gross receipts. Violation a misdemeanor: Penalty, fine not more than $1,000 or county jail six months, or both.

NOTE.-Practically unchanged. Various other changes but no new penalties.

S. Doc. 283-27