or any warehouse manager, shall be aggrieved by the decision of any supervising or assistant inspector, a reinspection may be called for or an appeal may be taken to a standing committee of three, which the chief inspector shall appoint at every point where state inspection may be established. Said committee shall consist of experienced grain-men, and their decision shall be final in the controversy: Provided, That the party appealing shall pay said committee a sum not to exceed three dollars per case before said appeal shall be entertained; and in case said appeal is not sustained, the said three dollars so deposited shall be full compensation for such arbitration. In the event of the appeal being sustained, the three dollars so deposited shall be returned to the party appealing, and the arbitration committee shall receive three dollars in full for their services from the state grain-inspection department. [Laws 1903, ch. 325, § 8.]

SEC. 253. Nothing in this act shall be construed so as to prevent any person from selling grain by sample, regardless of grade; but the provisions of this act shall not change the liabilities of the warehouseman on grain now in store, nor the inspection thereof, but said inspection shall be had under the same system under which it was received into store. [G. S. 1901, $3241.]

SEC. 254. The attorney-general of the state of Kansas shall be ex officio attorney for the chief inspector, and shall give him such counsel and advice as he may from time to time require; and said attorney-general shall institute and prosecute all suits which said chief inspector may deem expedient and proper to institute, and he shall render to said chief inspector all counsel, advice and assistance necessary to carry out the provisions of this act, according to the true meaning and intent thereof. In all criminal prosecutions against a warehouseman for a violation of any of the provisions of this act, it shall be the duty of the county attorney of the county in which such prosecution is brought to prosecute the same to a final issue. [Id., § 3242.]

VIII. EXPRESS COMPANIES.

SEC. 255. The term "express companies" as used herein shall be taken to mean and embrace all corporations, companies, individuals, and associations of individuals, their lessees or receivers, appointed by any court whatsoever, that may now or hereafter own, operate, manage or control any express business in this state; and all such corporations, companies, and associations of individuals, their lessees or receivers, as shall do the business of common carriers by railroad or otherwise in this state. [Id., § 1457.]

SEC. 256. Any express company which, by any of its officers, agents, employés, or otherwise, shall violate any provisions of this act or shall neglect or refuse to obey any order or decree of the court for more than ten days after notice thereof, or which shall discriminate in favor of or against any shipper or consignee, shall be deemed guilty of a misdemeanor, and shal! be fined in a sum not less than five hundred dollars nor more than one thousand dollars for each offense; and each day that such company shall violate any provision of this act, or neglect or refuse to obey an order or decree of the court, shall constitute a separate, distinct and additional offense and misdemeanor; and it shall be the duty of the state solicitor to prosecute such offenses or by civil action to sue for and recover all such penalties. [Id., § 1459.]

SEC. 257. Service of process upon any express company doing business in this state may be made upon any agent thereof in the same manner that summons may be served upon individuals. [Id., § 1160.]

IX. GAS, ELECTRIC LIGHT AND WATER

CORPORATIONS.

Permission Granted.- SEC. 258. That all private corporations which may now or hereafter manufacture, sell and furnish gas lights, electric lights, electric power, water or heat to any city in this state of the first, second or third class as may be required by such city for public or private buildings, or for other purposes, shall be permitted so to do, and to make renewal or original contracts for so doing, and to lay pipes and conductors for conducting gas, electric power for light and other uses, water or heat, through the streets, alleys, roadways and squares and into buildings and other places in the city, with the consent of, and under contract with, the municipal authorities thereof, only upon the conditions hereinafter imposed in this act, supplemented by such regulations as the municipality may prescribe in accordance with this act. [G. S. 1901, § 653.]

Authorities Authorized to Contract. SEC. 259. The municipal authorities of any city of the first, second or third class in this state in which any such private corporation now exists, and which may now or hereafter manufacture, sell or furnish gas light, electric light, electric power, water or heat to such city and its citizens, is hereby authorized to contract with any such corporation for the lighting of, and for supplying power, water or heat to, public or private buildings and other places, and for all purposes necessary in any such city, and to fix all charges therefor, upon the conditions imposed in this act. [Id., § 654.]

Renewal of Contract.- SEC. 260. As a condition precedent to procure a renewal or original grant, lease or contract from any city of the first, second or third class in this state to furnish the municipality or its citizens with light, power, water or heat, such private corporation, by its resident president and secretary.

or resident manager or other officers, shall furnish a detailed and accurate statement of all items and kinds of items of material, and the then present value of material, used in constructing or to be used in constructing its plant, where used or to be used, as well as a description and statement of the then present value of the real estate necessarily owned and used or to be acquired by said corporation in operating its plant; which detailed statement shall give date of purchase of each item, from whom purchased, price paid or to be paid, and the then actual present value thereof, and also a particular statement of the items paid out for labor, to whom paid, or estimated amount to be paid, in the construction of said plant, as accurately as can be done; which statement or estimate must be sworn to by said officers or manager and filed with the clerk of such city for inspection of any citizen thereof, and after public notice of such filing and the purpose thereof in some newspaper of general circulation in such city, giving the date when the grant or lease will be applied for, at least forty days before any renewal grant, lease or contract, or original grant, lease or contract, is made with any such corporation by such city, permitting the corporation to use the streets, alleys, roadways or squares of such city. [Id., § 655.]

Rentals to be Reserved.-SEC. 261. No renewal or original grant, lease or contract shall be made with any such private corporation by any city of this state without reserving rents and providing for the collection of the annual rental value for the use of its streets, alleys, roadways or squares, which shall be done and ascertained by allowing, first, legitimate expenses of conducting such corporation's plant, including all necessary repairs; and second, by allowing interest at the rate of not more. than six per cent. per annum on the capital invested as ascertained under the provisions of the preceding section, unless the council and mayor are petitioned to allow a greater rate than six per cent., by at least three-fifths of the bona fide taxpayers

of such city, based on the last assessment rolls; which expenses and per cent. of the capital invested being deducted from the gross earnings of said corporation, such municipality shall, through its proper officers, collect the net balance of said earnings as rentals for the use of the streets and alleys, roadways and squares of such city, and as the city's income on the franchise leased by said municipality to any such corporation; and as such rentals, said net proceeds shall be paid into the treasury of such city on the first day of January and July of each year, after the making of such grant, lease or contract for the operation of such plant. [Id., § 656.]

Semi-annual Statement.- SEC. 262. Every such private corporation now existing or which may hereafter be organized in such city in this state, shall, beginning with the first day of July, 1897, and on the first day of January and July of each year thereafter, and after the beginning of the operation of its plant, through its manager, secretary or president, make out a statement and an itemized account, which shall be sworn to by the officer making out said account, and filed with the city clerk of such city, there to remain on file for the inspection of every citizen of such city; which statement of account shall set forth every item of income received by said corporation, giving the date received, of whom received, on what account received, and the amount received; also all items paid out, including the date when paid, to whom paid, on what account paid, and amount paid, thus showing item by item the disposition or outgo of the entire income of said corporation; which statement of account shall also be accompanied by a statement of names, places of residence of each stockholder, and the number of shares held by each stockholder, set forth in writing: Provided, That the expenses and per centum, taken on capital invested, allowed to any corporation, and the rental taken by the city provided for in section four of this act, shall be readjusted on the first day of July of any year during the life of the con