The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-08
LEGAL.
Published in The Topeka State Journal
March S, 1871
SENATE BILL No. 500.

of said fire marshal and his deputies
and assistants and their compensation
prescribing penalties for the violation
hereof. and repeating chapter 312 of the
Laws of 1913, being sections 1OS44, 10St.
i9s 19S 1851 1oS 1 1US iSsS ioS57
10S5S 1OS59 10SG0, 10S61, 10S62, 10S63,
General Statutes of 1915.
Be it enacted by the Legislature of the
State eff Kansas:
Section 1. That there is hereby created
the office OF state fire marshal, and upon
the taking effect of this act the governor
shall, with the advice ana consent OF the
Senate, within thirty days after the pass
age of this act and every four years
thereafter, appoint suitable person VINO
is Il citizen of this state to fill the posi-
ton hereby created. The term OF otLce
OF the state fire marshal shall be -FOUR
years or until his successor is appointed
and qualified. The person SO appointed
shall assume the duties of his office with
in thirty days after the date OF his APP
polhlmcnt. The state IRE marshal may
be removed at any time by the governor
pointed by him for the unexpired term
The state fire marshal shall maintain an
office in the city of Topeka, and for that
purpose the Executive Council snail pro
vide him with suitable furnished rooms
furniture, books. printing and stationery
necessary for the proper conduct OF ms
office. Before entering upon the discharge
of his duties he shall give bond in the
penal sum of five thousand dollars, condi-
toned for the faithful performance of the
duties of his office to be approved by
the state superintendent Of insurance.
hereby etnpowercd to appoint a chief dep
uty state fire IN rshal also such oftlce
proper ami efficient conduct of his office,
and may appoint such additional deputies
from time to time and for such periods
as laay be necessary and may allow ana
my such additional deputies such com
pensation rs may be reasonable. such
additional deputies shall have and exercise
oy the provisions of this act.
Soc. 3 That while any vacancy shall
exist IN the office of the state fire mar
shal or during his absence or inability to
perform his duties, the same shall deYolVe
anon and be performed by the chief dep
atty state fire marshal
See. !. That the state fire marshal may,
in addition to the provisions of section
., appoint and employ any person or per
sons rs state inspector or inspectors, who
m.Ly be known to him to be competent
and skilled i'll the inspection of build
inrs and their contents. such person or
persons shall have all the power of
deputy fire marshal to enter and inspect
buildings and their contents provided
in sections and 10 hereof. ana it shall be
the duty of such inspector to report to
dition found. Such state inspector or in
spectors shall be appointed i'll writing by
the state fire marshal end be paid such
Sec . That the state fire marshal, either
by himself or through other persons as in
This act provided, my Investigate the cause,
origin and circumstances of any fire oc'
curing thin the state, and in such cases
it shall be the duty of the chief of the
fire department of every city, the mayor
lists and Of the township clerk of every
towus ship outside the limits of any city to
investigate the cause, origin and circum-
stances of every fire occurring in such city
or township as the case may be by which
property has been destroyed or damaged,
and to specially make Investigation as to
whether such@ fire of incendiary origin.
Such investigation shall begin within two
days, not including Sunday, after the oc-
,-urrence of each fire. The state fire mar
shal shall have the right to supervise and
direct such Investigation whenever he
deems it necessary. The officer making
the investigation Of fires occurring i'll cities
townships 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 to the cause,
origin and circumstances of the fire and
such other Information as may be called
for in the blanks provided by the state fire
marshal. Any officer named in this and
the preceding section who neglects 70 com
ply with any requirements of this act,
shall be fined not less than twenty-five (25)
dollars nor more than two hundred t2OO)
dollars.
See G. That the state fire marshal
shall keep in his office a record of all fires
occurring in the state. showing the name
or names of the owners of personal and
real property and the name or names of
the total amount of insurance carried, the
total amount of insurance collected, the
total amount of loss to the property own
er, together with all the facts, statistics and
circumstances. including the origin of the
fire. which may be determined by the in
vestigation provided by this act. Such rec
ords shall at all times be open to public
inspection and such portions of it as the
state superintendent of insurance may
deem necessary shall he transcribed and
forwarded to him whenever any such in
formation is requested by him.
Sec. Z. That the state fire marshal
deputy shall. when in his opinion, further
Investigation is necessary. take or cause
persons supposed to have knowledge of any
facts. or TO have means Of knowledge re-
lating to the matter in which an eXamlna,
ton is herein required to be made and
shall cause the same to be reduced to
writing. If the state fire marshal or dep
uty, having made the Investigation shall
be of the opinion that there is probable
cause to believe any person guilty of the
crime of arson. or of the attempt to
nit the crilue of arson, or of a conspiracy
to .defraud criminal conduct in connec-
tiGn with such fires. he shall furnish to
the proper county attorney all such evil
dcnce together with the names of wit
nesses and all of the information obtained
by him. including a copy of all pertinent
and material testimony taken in the case;
aud such county attorney shall take such
action as the facts Justify, and diligently
inquire into such facts and circumstances
provided for i'll section of this act.
The fire marshal has the right to assist in
the prosecution either in person or by his
Sec. 5. That the state fire marshal or
deputy, or the county attorney Of any
county in which any property has been
damaged or destroyed by fire. shall. if he
have reason to believe that such fire was
of an incendiary origin. forthwith diligent-
ly inquire into the cause of such fire; and
he is hereby authorized to issue his sub
poena for such persons AS he shall have
reason to believe may have knowledge con-
cerning the origin of such fire to appear
before him at a time and place named in
such subpoena, then and there to testify
concerning such fire and require the pro
duction of any book, paper document
which he deems pertinent to the inquiry
said fire marshal or deputy fire mar
shall or county attorney shall file his state
ment i'll writing before any justice of the
peace of such county alleging that he has
reason to believe that such fire of in
ceDdiarY origin; and such Justice of the
peace shall issue subpOenas for all persons
requested by such fire marshal. deputy fire
marshal or county attorney, comma utliug
such persons to appear before said Justice
of the peace at the time and place named
In such subpoena. then and there to testify
to any fact of which they may have knowl-
l1ltr In a.l tn liz Of sI1nl1 .