The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-12
LEGAL.

IesSeS may be compelled by attachment.
- the evidence so taken shall disclose the
Iact that the crime of arson has been
committed it shall be the duty of the
county attorney to prosecute the person
OF persons &C committing crime for
SUI CderSe- Eut in no case shall any
person except the county attorney, the
state lire marshal or his chief deputy
"hen the testimony is taken before them
or either of them, be present or hear the
testimony of any witness, or the Justice
OF the peace and county attorney when
the evidence is taken before the justice of
the peace, and in case shall such evil
uence be disclosed to any person by such
county attorney justice of the peace,
or state fire marshal or his chief deputy
or shal. 1t he used in any case a de-
tense to any action to recover on any
pohcy OF insurance in force at the time
OF the damage or destruction of such
property. Any county attorney or justice
OF me peace or state fire marshal or his
chief deputy who may disclose any of the
1actS testified to at such hearing what
any OF the evidence was snail be deemed
guilty of misdemeanor and on convic-
ton thereof shall be confined in the
county jail not less than thirty days or
more than ninety days and shall be fined
n any sum not more than three hundred
Sec. 9. The state fire marshal, any of
his deputies or assistants or any officer
authorized and empowered under this act
to investigate fires shall have the right
and authority at all times of day night
In the performance of the duties imposed
by the provision of this act, to enter upon,
or examine any buildings premises,
where any fires have occurred
Sec. TO- The state fire marshal his
deputies and assistants, the chief of the
fire department of all cities, towns VII
lagos, where a fire department is estab-
lagos where no fire department exists and
the clerk of each township in the terri
tory outside the limits of an organized
city, or village. upon complaint of any
person having an interest in any build
ing or property adjacent, and without
any complaint, shall have. the right u
all reasonable hours. for the purpose of
examination, to enter into and upon AL
buildings and premises within their juTis-
diction. Whenever any such official shat.
find in any building or upon any prem
ises, combustibles endangering any build
ings or premises. they shall order the
same to be removed or remedied and sucn
ord shall be forthwith complied with
by the owner or occupant of said building
or premises; providing, however, that If
self aggrieved by such order he may
witt \ ten days appeal to the state fire
marshal, and the cause of complaint shall
at once be Investigated under the direc-
lions of the latter and unless by his au-
thority the order is revoked, such order
shall remain in force and forthwith be
complied with by said owner or occupant
Any owner or occupant of buildings o.
premises failing to comply with the order
of the authorities above specified shall be
punished by fine not less than five dol
lars $500 more than fifty dollar,
$4,000 for each days neglect; such pen
altv to be sued for in the name of the
state of Kansas upon complaint of the
fire marshal, deputy fire marshal or
county attorney, or of any officers named
herein in the county in which such building
or buildings shall be situated, before any
justice of the peace or in any court of
record, with right of appeal and such
penalty when recovered shall be paid
into the county treasury of the county
wherein such recovery is had: provided.
however, that in municipalities having
building inspection and limit ordinances,
nothing herein shall be construed to affect
such local regulations, but the jurisdic-
ton of the state fire marshal shall be
c~ncurrent with that of the municipal au-
thorities.
Sec. IL Any officer referred to in sec
ton herein who shall neglect to comply
with any of the requirements of this act
shall be punished by fine not less than
twenty-five dollars nor more than one
hundred dollars, and be removed from
office
Sec. Il. The state fire marshal shall re
G 6nndre an f aIa1a dollars and the CHEZ
deputy fire marshal shall receive an an
nual salary of eighteen hundred Q,S00)
dollars. The said state fire marshal his
deputy and other assistants. shall be en-
titled to their actual and necessar.r
travelling. hotel and other expenses while
of the office. and the state fire marshal
his deputy and other assistants with the
consent of the state fire marshal, may
contract such other expenses as may oe
necessary in the performance of the Of
fetal duties of the office. but the total
amount to be expended for all purposes
including salaries, compensation, fees and
expenses, except office expenses provided
for in section hereof. shall not
coed the sum of fifteen thousand Q5,OO0)
dollars annually, all of which shall be
paid out of the special fund provided for
in section 13 of this act and not other
wise.
Sec. 10. For the purpose of maintaining
the department of the state fire marshal
and the payment of the expenses incident
thereto. each fire insurance company do
ing business in this state shall pay to tie
state superintendent of insurance, on or
before the 18th day of March of each
year. beginning with the year 1915 and
each year thereafter. in addition to the
taxes, fees and charges now required by
law to be paid by 1T, such levy as may be
made by the state fire marshal: provided,
that said levy shall be not more than
tkree-eighths of one per cent of a SUN
equal to the gross cash receipts
premiums of such company on all bust
ness transacted by it in the state of Kan
sas during the year next preceding. as
oath to the state insurance department.
The superintendent of insurance shall
paw the money SO received into the state
treasury to the credit of a special fund
for the maintenance of the department
of state fire marshal. If any portion of
such special fund remains unexpended at
the end of the year for which it is re-
quired to be paid and statement filed
so certified it shall be carried forward
to the next fiscal year and the next
sessment correSpondingly reduced Til,
state fire marshal shall keep file in
mis- office an itemiZed statement of all
penses incurred by the department. He
shall approve all vouchers issued there
for before they are submitted to the
auditor of state for payment and there
upon such vouchers shall be allowed anG
paid as other claims against the state.
Sec. IA. The state fire marshal shall
devote his entire time TO the duties of his
office. and he or his deputy shall, except
when engaged elsewhere in the perform
ance of their duties, shall, either one or
the other, shall be at all reasonable times
at the office of the state fife marshal,
r, ady for such duties
Sec. Is. 1t shall be the duty of the state
fire marshal. his deputy or other assist
ants to require all boards of education
school boards of all public and private
schools in all buildings to see that ali
teachers of said schools shall have a fire
drill at least once each MONTH and to
keen all doors and exits to from the