The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-08
LEGAL.

LEGAL
to prosecute the person or persons COM
hitting such offense. The state fire mar
shall or any deputy fire marshal shall! fur
nish the county attorney such evidence,
with the names of witnesses, and copy
of material testimony taken in the case.
| Sec. g. That the state fire marshal, his
| deputies and assistants. and the officers
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 provisions of this act, to enter upon
or examine any buildings premises,
where any fires have occurred.
| Sec. 10 That the state fire marshal, his
| deputies and assistants, the chief of the
| fire department of all cities where fire
/ department is established and the mayors
/ of cities where no fire department exists
| lied city shall have the right at all rea-
| sonable hours, for the purpose of examina-
/ and premises within their Jurisdiction.
! Whenever any such official shall find
/ in any building or upon any premises,
combustibles endangering any buildings
| or premises, they shall order the same
/ to be removed or remedied and such order
shall be forthwith complied with by the
/ owner occupant of said building or
premises; provided, however, that if said
/ owner occupant shall deem himself
| aggrieved by such order he may within
ten days appeal to the state fire marshal,
/ and cause of complaint shall at once be
| investigated under the directions of the
latter and, unless by his authority the
| order is revoked, such order shall remain
4 in force and forthwith be complied with
by said owner or occupant. Any owner
or occupant of buildings premises fail
! ing to comply with the order of the au-
! thorities above specified shall be deemed
guilty of a misdemeanor and be punished
/ by a fine of not less than five dollars
j $4,000 nor more than fifty dollars $4,000
for each days neglect to comply; pro-
/ vided. however, that in municipalities hav
ing building inspection and limit ordf-
! nHncPg. nothing herein shall q
affect such local regulations, but the juris-
| diction of the state fire marshal shall be
/ concurrent with that of the municipal
authorities.
| Sec. II. That the officer taking the
testimony of any witnesses as provided
for in this act may have such testimony
reduced to writing taken in shorthand
and transcribed and shall have the power
| to exclude any or all persons during the
! taking of the testimony of any witness.
| 1t shall be unlawful for any witness or
other person, without the consent of the
| county attorney state fire marshal or
1 deputy state fire marshal, to disclose to
any person any testimony, or the sub
| stance of any testimony given by anv wit
ness under the provisions of this act.
| ANY person who shall disclose any such
/ testimony or substance of any such testi-
| mony without such consent shall be guilty
/ of a misdemeanor and, on conviction be
! fined in sum not exceeding three hun
/ dred 5000 dollars or confined in the coun-
! ty Jail not less than; ten (10) days nor
more than sixty (60) days.
Sec. u. That the state fire marshal
| shall make regulations for the keeping.
storage. use. manufacture, sale, handling,
| transportation, excepting shipments made
| in accordance with the rules and reguIa-
| tons of, and i'll equipment approved by
| the Interstate Commerce Commission or
| othar disnosition of higI,1v ;nfianoTnal,I 10
materials, gunpowder, dynamite, crude pc
| troleum or any of its products, explosive
or inflammable fluids or compounds, tab
lets, torpedoes. or any explosives OF a like
1 nature or any other explosive including
| fireworks and frecrackers, and may pre-
| scribe the materials and construction of
receptacles and buildings to be used for
any of said purposes. The keeping, stor-
| ing, using, manufacturing, selling, hand
/ ling, transporting. or disposing of any of
| the materials enumerated in this section,
| in violation of the regulations of the state
| fire marshal is hereby declared to consti-
| tute n nuisance and any person violating
| such regulations shall be deemed guilty of
| misdemeanor and on conviction thereof
| shall be punished by fine not less than
| fifty dollars $4,000 or by Imprisonment
| 900 days, or by both such fine and i'm
| prisonment in the discretion of the court.
See IL. That the state fire marshal shall
receive an animal salary of twenty-five
hundred (2,500( dollars, and the chief dep
uty fire marshal shall receive an annual
salary of eighteen hundred 0,S00) dollars.
The said state fire marshal. his deputy
and other assistants shall be entitled to
/ their actual and necessary travelling, hotel
and other expenses incurred in the per-
/ Torrance of their duties while away from
the city of Topeka and from their head
! quarters on business 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 eX-
/ penses as may be necessary in the per
| Torrance of the official duties of the Of
flee; all of which shall be paid out of the
special fund provided for in section II of
| this act.
Sec. il. That for the purpose of main
tanning the department of the state fire
marshal and the payment of the expenses
| incident thereto, each fire insurance COM
pany doing business in this state shall
pay to the state superintendent of insilr-
| ance. on or before the 18th day of March
, of each year, beginning with the year 1917
and each year thereafter in addition to
| the taxes, fees and charges now required
by law to he paid by it, such levy as may
be made by the state fire marshal; provid-
ed, that said levy shall be not more than
one-half of one per cent of sum equal
| TO the gross cash receipts as premiums OF
such company on all business transacted
by it in the state of Kansas during the
nual statement under oath to the state
insurance department. The superintendent
of insurance shall pay the money so re-
ceived 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
which it is required to be paid and a
statement filed certifying, it shall be
carried forward to the next fiscal year
and the next assessment correspondence
reduced The state fire marshal shall keep
on file in his office an itemized statement
Of all expenses incurred by the department
! lie shall approve all vouchers issued
therefor before they submitted to the
auditor of state for payment and there
upon such vouchers shall be allowed and
paid as other claims against the state
| sec 10. That the state fire marshal shall
devote his entire time to the duties of his
office, and he or his chief deputy, except
when engaged elsewhere in the perform
ance of their duties, shall be at all reason
able times at the office of the state fire
marshal. ready for such duties.
Sec JIG. That it shall be the duty of the