The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-12
EGAl.
SUBSTITUTE FOR SENATE BILL, No

LFuDnshed in The Topeka State Journal
March II, 1871
SUBSTITUTE FOR SENATE, BILL, No.
$780,
AN ACT to create the office of state fire
I ,riidfsnaI, prescribing his duties, and pro-
niu!IIS Ior his compensate and for the
office. Al Z MAJ SiifA
0S II enacted by the Legislature of the
section l. There is hereby created the
tIe OF state fire marshal and upon the
lakinS effect of this act the governor
Senat VII i, me advice and consent of the
s Senate, WITHIN thirty days after the pas
sage OF this act and every four years
is nere eater, appoint suitable person who
Is cluzen of this state to fill the position
hereby created. The term of office of the
S sac nre marshal shall be four
sparS or until his successor is
son so appointed shall assume the
duties of his office within thirty DAYS af-
ter the Gate of his appointment. The state
I IRE marshal may be removed al any time
by the governor at his discretion and a
successor appointed by him for the unex-
pired term The state fire marshal shall
maintain an office in the city of Topeka
ana for that purpose the Executive Coun-
en- shall provide him with suitably fur
anu stauonery necessary for the proper
conduct of his office. Before entering
upon the discharge of his duties he shall
give bond in the penal sum of five
Thousand dollars, conditioned for the faith
full performance of the duties of his office
TO be approved by the state superintend-
ent of insurance.
Sec 2 The state fire marshal is hereby
empowered to appoint a deputy fire mar
SllaI anu sucn once assistants as may
be necessary for the proper and efficient
conduct of his office.
Sec g. While any vacancy shall exist
in the office of the state fire marshal or
during his absence or inability to perform
his duties, the same shall devolve upon
and be performed by the deputy state fire
marshal
Sec. 4. The state fire marshal may, in
addition to the provision of section ,, APP
point any person or persons as state in
spector or inspectors, who may be known
to him to be competent and skilled in
the inspection of buildings and their con-
tents. Such person persons shall have
all the power of a deputy fire marshal
to enter and inspect buildings and their
contents as provided in section hereof.
to report to the state fire marshal any
dangerous condition found Such state
inspector or inspectors shall be duly COM
misSioned by the state fire marshal.
Sec. 8. The state fire marshal, either by
himself or through other persons as in
this act provided, may investigate the
fire occurring within the state, and in
such cases it shall be the duty of the
chief of the fire department of every
city or town, the mayor of any city or
town where no fire department exists
and of the township clerk OF every organ
lied township outside the limits of any
organized city or town, to investigate the
cause. origin and circumstances of every
fire occurring in such city, town town
ship by which property has been destroy
ed or damaged, and to specially make in
vestigation as to whether such fire
the result of design. Such investigation
shall begin within two days, not includ-
ing Sunday. of the occurrence of each
fire. The state fire marshal shall have
the right to supervise and direct such in
vestigation whenever he deems it neces-
sary. The officer making the investigation
of fires occurring in cities. towns or town
ships shall forthwith notify the state fire
marshal and shall, within one week of
the occurrence of the fire, furnish to the
state fire marshal a written statement of
all facts relating 20 the cause, origin and
information may be called for by the
blanks provided by the state fire marshal
Sec. s. The state fire marshal shall keep
in his office a record of ell fires occurring
in the state. showing the name or names
of the owners of personal and real proper
ty and the name or names of the occu-
pants of buildings where fires occur, the
total amount of insurance carried, the
total amount of insurance collected. the
total amount of loss to the property own
err together with all the facts, statistics
and circumstances, including tie origin
of the fire, which may be determined by
the investigation provided by this ac'.
Such records shall at all times be open to
as the state superintendent of insurance
ray deem necessary shall be transcribed
and forwarded to him whenever any such
Information is requested by lim.
Sec. Z. The State Fire Marshal shall
when in his opinion. further investigation
is necessary, take or cause to be taken.
the testimony under oath of all persons
supposed to have knowledge of any facts.
or to have means of knowledge relating
to the matter in which examination is
herein required to be made, and shall
cause the same to be reduced to writing
If the State Fire Marshal chief deputy
Fire Marshal, having made the investiga-
ton shall be of the opinion that there is
probable cause to believe any person gull
tY of the crime of arson, or of the attempt
to commit the crime OF arson, or of
conspiracy to defraud, or criminal con-
duct in connection with such fires he
shall furnish to the proper county attor-
ney all such evidence together with the
names of witnesses and all of the infor-
nation obtained by him including a copy
of all pertinent and material testimony
taken in the case. and such county attor-
ney shall take such action the facts
justify, and diligently inquire into such
facts and circumstances as provided for
in section of this act The Fire Marshal
has the right to assist in the prosecution
either in person or by His chief deputy.
Sec. The state fire marshal or his
chief deputy or county attorney of any
county in which any property has been
damaged destroyed by fire may, If he
have reason to believe that such fire was
of incendiary origin, shall forthwith dill
gently inquire into the cause of such fire
and he is hereby authorized to issue his
subpoena for such persons as ne may
] have reason to believe may have knoWI-
edge of the origin of such fire. to appear
before HIM at time and place named IN
, such subpoena. then and there to orally
| testify concerning such fire: or may fle
| his statement in writing before some JUS
tice of the peace of such county, alleging
that he has reason to believe that SUCH
| fire was of incendiary origin and Such
| justice of the peace, on his written
praecipe may issue a subpoena for the
| persons named in such praecipe COM
manding such persons to appear before
him at the time and place named in such
subpoenas then and there to testify to any
facts of which they may have knowledge
| in regard TO the origin of such fire, such
subpoenas may be served by. the sheriff
! or any constable citizen of the county,
/ and shall be served and returned to the
| justice of the peace I'm the manner and at