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such stockyards are located, upon the day preceding such sale and delivery; and it shall also be unlawful for any such owners or proprietors or employés to sell and deliver less than seventy pounds of corn in the ear for a bushel, or less than fifty-six pounds of shelled corn for a bushel, or to charge for or sell the same at more than one hundred per cent. above the average market price or value of such ear corn or shelled corn on the markets of the towns or cities wherein said stockyards are located, on the day next preceding such sale and delivery. All feed not above named shall be sold for no greater per cent. of profit than hereinbefore provided. [Id., $ 5.]

SEC. 507. It shall be unlawful for the owners or proprietors of any stockyards to prohibit the owner or owners or the representatives of any owner or owners of any dead stock in such yard or yards from selling such dead stock to any person or persons. [Id., $ 6.]

SEC. 508. That any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for the first offenso not more than one hundred dollars; for the second offense, not less than one hundred dollars nor more than two hundred dollars; and for the third offense, not less than two hundred dollars nor more than five hundred dollars and by imprisonment in the county jail not exceeding six months for each offense ; and for each subsequent offense he or they shall be fined in any sum not less than one thousand dollars and by imprisonment in the county jail not less than six months. [Id., $7.]

SEC. 509. It is hereby made the duty of the attorney-general to prosecute all violations of the provisions of this act. [Id., $ 8.]

Sec. 510. It shall be unlawful for any person or persons, association or associations, company or corporation, or buyers or sellers of hogs in any market or public stockyards in this state, personally or through any agent or employé to dock or cause to

be docked, or inspect or cause to be inspected for the purpose

of dockage, any sows offered for sale in any such market or public stockyards, because of pregnancy, or any stag hogs because of having been used for breeding purposes. [G. S. 1901, $ 7404.]

Sec. 511. For purposes of this act the term “ dock” shall be held to mean the deducting of any given weight from the true weight of the animal in question. [Id., $ 7405.]

Sec. 512. Any person violating the provisions of this act shall on conviction be fined not less than $200 nor more than $1000, or by imprisonment not less than thirty days nor more than one year, or by both such fine and imprisonment. [Id., $ 7406.]

XIV. TELEGRAPH COMPANIES.

SEC. 513. Corporations created for the purpose of constructing and maintaining magnetic telegraph lines are authorized to set their poles, piers, abutments, wires and other fixtures along, upon and across any of the public roads, streets and waters of this state, in such manner as not to incommode the public in the use of such roads, streets, and waters. [G. S. 1901, $ 1342.]

Sec. 514. Such companies are also authorized to enter upon any lands, whether owned by private persons in fee, or in any less estate, or by any corporation, whether acquired by purchase or by virtue of any provision in the charter of such corporation, for the purpose of making preliminary surveys and examinations, with a view to the erection of any telegraph lines; and from time to time to appropriate so much of said lands as may be necessary to erect such poles, piers, abutments, wires, and other necessary fixtures for a magnetic telegraph, and to make such changes of location of any part of said lines as may from time to time be deemed necessary; and shall have a right of access to construct said line, and when erected, from time to time as may be required, to repair the same, and may proceed to obtain the right-of-way, and to condemn lands for the use of the corporation, in the manner provided by law in the case of railway corporations. [Id., $ 1343.]

Sec. 515. No corporation shall have power to contract with any owner of land for the right to erect and maintain a telegraph line over his lands to the exclusion of the lines of other companies. [Id., § 1344.]

Sec. 516. Any corporation, created as herein provided, may contract, own, use and maintain any line or lines of telegraph, whether wholly within or wholly or partly beyond the limits of this state, and shall have power to lease or attach to the line or

lines of such corporation other telegraph lines, by lease or purchase, and may join with any other corporation or association in constructing, leasing, owning, using or maintaining their line or lines, upon such terms as may be agreed upon between the directors or managers of the respective corporations, and may own and hold any interest in such line or lines, or may become lessees thereof, on such terms as the respective corporations may agree. [Id., § 1345.]

Sec. 517. The council of any city, or trustees of any incorporated town or village, through which the line of any telegraph corporation is to pass, may, by ordinance or otherwise, specify where the posts, piers, or abutments shall be located, the kind of posts that shall be used, the height at which the wires shall be run, and such company shall be governed by the regulation thus prescribed; and after the erection of said telegraph lines, the council of any city, or trustees of any incorporated town or village shall have power to direct any alteration in the location or erection of said posts, piers or abutments, and also in the height at which the wires shall run, having first given such company, or its agents, opportunity to be heard in regard to such alteration. [Id., S 1346.]

Sec. 519. Any person who shall willfully and intentionally injure, molest or destroy any of the lines, posts, piers, abutments, or other material or property pertaining to any line of telegraph erected in this state, shall be deemed guilty of a misdemeanor, and shall, upon conviction in the court having criminal jurisdiction in the proper county, be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, at the discretion of the court having cognizance thereof. [Id., S 1347.]

Sec. 519. Any telegraph company now organized, or which may hereafter be organized under the laws of this state, may, at any regular meeting of the stockholders thereof, by vote of persons holding a majority of shares of the stock of such com

pany, unite or consolidate with any other company or companies now organized or which may hereafter be organized under the laws of the United States or of any state or territory, by consent of the company with which it may consolidate or unite; and such consolidated company, so formed, may hold, use and enjoy all the rights and privileges conferred by the laws of Kansas on companies separately organized under the provisions of this act, and be subject to the same liabilities. [Id., $ 1348.]

Sec. 520. That every telegraph company or other corporation operating a telegraph line through the corporate limits of any county seat in Kansas is hereby required to establish and maintain a telegraph station at such county seat, with the usual facilities and appointments for the convenience of the public in sending telegrams during the business hours of each day. [Id., $ 1349.]

Sec. 521. Each telegraph company or other corporation operating a telegraph line, failing or neglecting to comply with the provisions of section one of this act, shall be liable to a penalty of ten dollars for each day of such failure or neglect, to be recovered and disbursed for the benefit of the school fund of the county where such failure or neglect exists, the same as other fines and penalties; the action for such penalty being prosecuted by the county attorney, with the state of Kansas as plaintiff, and before any court of competent jurisdiction. [Id., $ 1350.]

Sec. 522.* That no person, company or corporation owning or operating any telegraph line in this state shall demand, charge, or receive, directly or indirectly, a rate in excess of fifteen cents for the first ten words (exclusive of address and one signature), and one cent for each additional word, for transmitting any message between points within this state. And no such person, company or corporation shall demand, charge or receive, for any distance between points within this state, more than

* The following sections, to section 528, inclusive, are in litigation, their constitutionality being questioned.

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