Imagens da página
PDF
ePub

of the county a certified copy of such report, and shall pay the amount of damages awarded by the commissioners in said report, except in cases where an appeal has been taken. [Id., § 3625.]

SEC. 62. In all cases where the amount of damages awarded has been paid to the treasurer as aforesaid, the right of the company or incorporation to take the amount of water condemned for such purposes by its ditch or canal shall become absolute, and all persons shall be forever barred from claiming damages or any right to interfere with the taking of such water, save and except such as have appealed; and such persons shall only have the right to contest the amount of damages; and upon the payment of the same when established by the judge of the district court, or upon the giving security, to be approved by the clerk of the district court, in any case of appeal, to pay such damages as may be finally awarded, the right of such company or corporation shall become absolute as to all parties appealing. [Id., § 3626.]

SEC. 63. Any irrigation, canal or reservoir company, for the purpose of establishing any reservoir, lake or pond for the storage of water, or any water company, for the purpose of supplying any city with water, in accordance with plans approved by the state board of health and filed with the clerk of said city, shall have the right to condemn lands for such use and purpose in the same manner as is provided for the condemnation of lands for railroad and other purposes. [Laws 1903, ch. 340, § 1.]

VI. DUTIES OF PRIVATE CORPORATIONS.*

Annual Reports.+- SEC. 64. It shall be the duty of the president and secretary or of the managing officer of each corporation for profit doing business in this state, except banking, insurance and railroad corporations, annually, on or before the 1st day of August, to prepare and deliver to the secretary of state a complete detailed statement of the condition of such corporation on the 30th day of June next preceding. Such statement shall set forth and exhibit the following, namely: 1st, The authorized capital stock. 2d. The paid-up capital stock. 3d. The par value and the market value per share of said stock. 4th. A complete and detailed statement of the assets and liabilities of the corporation. 5th. A full and complete list of the stockholders, with the postoffice address of each, and the number of shares held and paid for by each. 6th. The names and postoffice addresses of the officers, trustees or directors and manager elected for the ensuing year, together with a certificate of the time and manner in which such election was held. Such reports shall be made upon and in conformity to blanks prepared by the secretary of state and approved by the charter board. The fee for filing such report and making a certificate that the same has been made and is on file shall be one dollar. The secretary of state may at any time require a further or supplementary report under this section, which shall contain the same information and data as specified in the annual report herein

*The attorney-general or county attorney suing in the name of the state has the right to compel any corporation, public or private, to obey the laws of the state, regardless of whether any particular injury may result to any person or corporation from a violation of the laws. (Water Supply Co. v. City of Potwin, 43 Kan. 414.)

† For reports by insurance companies, see §§ 312, 313, 325, 387, 388, 389, 474.

required; and the failure of any such corporation to file the statement in this section provided for within ninety days from the time provided for filing the same shall work the forfeiture of the charter of any corporation organized under the laws of this state, and the charter board may at any time thereafter declare the charter of such corporation forfeited, and upon the declaration of any such forfeiture it shall be the duty of the attorney-general to apply to the district court of the proper county for the appointment of a receiver to close out the business of such corporation; and such failure to file such statement by any corporation doing business in this state and not organized under the laws of this state shall work a forfeiture of its right or authority to do business in this state, and the charter board may at any time declare such forfeiture, and shall forthwith publish such declaration in the official state paper. It shall also be the duty of the president and secretary of any such corporation organized under the laws of this state, as soon as any transfer, sale or change of ownership of any such stock is made as shown upon the books of the company, to file with the secretary of state a statement of such change of ownership, giving the name and address of the new stockholder or stockholders, the number of shares so transferred, the par value, and the amount paid on such stock. No transfer of such stock shall be legal or binding until such statement is made as provided for in this act. The record of the secretary of state shall be prima facie evidence of the stockholders of such corporations, the number of shares held by each, and the amount paid on each share of capital stock. No action shall be maintained or recovery had in any of the courts of this state by any corporation doing business in this state without first obtaining the certificate of the secretary of state that statements provided for in this section have been properly made.* [Id., § 1283.]

Must not Blacklist Discharged Employés.-SEc. 65. Any employer of labor in this state, after having discharged any *As to annual statement of foreign corporation, see post, § 556.

person from his service, shall not prevent or attempt to prevent, by word, sign or writing of any kind whatsoever, any such discharged employé from obtaining employment from any other person, company or corporation, except by furnishing in writing, on request, the cause of such discharge. [Id., § 2421.]

SEC. 66. That any employer of labor in this state shall, upon the request of a discharged employé, furnish, in writing, the true cause or reason for such discharge. [Id., § 2422.]

SEC. 67. Any employer of labor, his agent or employé, who shall violate the provisions of this act, shall be guilty of a misdemeanor, and shall upon conviction be fined for each offense the sum of one hundred dollars, and thirty days' imprisonment in the county jail. [Id., § 2423.] Any person, firm, or corporation, found guilty of the violations of sections one and two of this act, shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney-fee, which shall be taxed as part of the costs in the case. [Id., § 2424.]

Must not Discriminate against Labor Organizations. SEC. 68. That it shall be unlawful for any person, company or corporation, or the agent, officer, manager, superintendent, master mechanic or foreman of any person, company or corporation, to prevent employés from joining and belonging to any labor organization; and any such person, company or corporation, or any agent, manager, superintendent, master mechanic or other officer of any person, company or corporation that coerces or attempts to coerce employés by discharging or threatening to discharge said employés because of their connection with such labor organization, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars. [Id., § 2425.] That any person, company or corporation doing any of the acts prohibited by section one of this act shall be liable to the person injured in exemplary or punitive damages not to exceed two

thousand dollars, to be recovered by civil action, and in addition thereto a reasonable attorney-fee, to be recovered in said civil action for damages. [Id., § 2426.]

Must not Discriminate Against Trade Unions, nor use Coercion with Reference thereto.- SEC. 69. That it shall be unlawful for any individual or member of any firm, or any agent, officer or employé of any company or corporation, to coerce, require, demand or influence any person or persons to enter into any agreement, either written or verbal, not to join or become or remain a member of any labor organization or association, as a condition of such person or persons securing employment, or continuing in the employment of such individual, firm, or corporation. [Laws 1903, ch. 222, § 1.]

SEC. 70. Any individual or member of any firm, or any agent, officer or employé of any company or corporation, violating the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars or imprisoned in the county jail not less than thirty days. [Id., § 2.]

Must Pay Wages of Employés Weekly in Cash.— SEC. 71. All private corporations doing business within this state, except all steam surface railways and except corporations engaged in the production of farm and dairy products, shall pay to their employés the wages earned each and every week in lawful money of the United States; and all such wages shall be due and payable and shall be paid by such corporation not later than Friday of each week for all such wages earned the preceding week. [G. S. 1901, § 1295.]

SEC. 72. Whenever such corporation fails to pay any of their employés as provided in section one of this act, then a penalty shall attach to such corporation and become due to such employés, as follows: A sum equivalent to a penalty of five per cent. per month as liquidated damages, and such penalty shall attach and become a judgment in any court of competent juris

« AnteriorContinuar »