Sec. 13. Any person or persons, agent or agents, who shall sell or attempt to sell, or who shall offer for sale in this state any of the stocks, bonds, debentures or any other securities of any investment company, domestic or foreign, which has not obtained the statement provided for in section five, or the stocks, bonds or other securities of other concerns by it offered for sale, who have not complied with the provisions of this act, or any investment company, domestic or foreign, which shall do any business, or offer or attempt to do any business except filing the statements and reports provided for in section two of this act, which shall not have complied with the provisions of this act, and received from the auditor the statement thereof provided for in section five of this act, or any agent or agents who shall do or attempt to do in this state any business for any investment company, domestic or foreign, which agent is not at the time duly registered and has not fully complied with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense not less than one hundred dollars nor more than one thousand dollars; and shall, in the case of an individual, be imprisoned in the county jail for not less than thirty days nor more than ninety days.

Every officer, agent, employe or stockholder of any such investment company who shall violate, or who procures, aids or in any manner abets any violation of this act shall be deemed guilty of either the felony or misdemeanor above provided, as the fact may be, and all shall be guilty as principals and upon conviction shall be punished as hereinbefore provided.

Sec. 14. All expenses and fees herein provided for shall be collected by the said auditor, (save where fees are directed to be paid. to some other officer) and shall be accounted for and turned into the state treasury, and the amount of the expenses and fees so turned into the state treasury are hereby reappropriated to the said auditor for the purpose, and in an amount sufficient to pay the cost and expense of carrying this act into effect; and the said auditor is hereby authorized to appoint an additional clerk, if the same shall be found by him to be actually and absolutely necessary, to carry this act into full force and effect. All money actually and necessarily paid out, or expenses incurred by the said auditor or any clerk under his direction, under this act, shall be paid by the state treasurer out of such sums for expenses and fees received under this act, upon the state auditor's warrants, to be issued upon vouchers containing an

itemized account of the salaries or expenses for which the same are issued.

Sec. 15. All acts and parts of acts in conflict with this act or any provision thereof are hereby repealed.

(Substitute for Senate Bill No. 21.).

CHAPTER 16.

AN ACT to amend and re-enact chapter ten of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-one, preventing the manufacture of cigarettes and cigarette paper, and relating to the sale, giving away or furnishing cigarettes, cigarette paper, the use thereof, and to prohibit the selling, offering, giving or furnishing, or causing to be furnished any pipe, cigar or tobacco in any form to a person under the age of sixteen years, and regulating the sale of opium and providing penalties for the violation thereof.

(Passed February 21, 1913. In effect ninety days from passage. Approved by the Governor February 24, 1913.)

Be it enacted by the Legislature of West Virginia:

Sec. 1. That it shall be unlawful for any person, firm or corporation to manufacture, or to sell, offer or expose for sale, or give away, or furnish, or cause to be given away or furnished to any person under the age of twenty-one years, any cigarette, or cigarette paper, or any other paper prepared to be filled with smoking tobacco for cigarette use; and it shall be unlawful for any person, firm or corporation to sell, offer, give away or furnish, or cause to be given away, or furnished, to any person under the age of sixteen years any cigar, pipe or tobacco in any form.

Sec. 2. That it shall be unlawful for any person under the age of twenty-one years to smoke, or to have about his person, or premises,

any cigarette or cigarette paper, or any other form prepared to be filled with smoking tobacco for cigarette use. Any person violating the provisions of this section shall be punished by a fine of not exceeding five dollars; provided, that the court or justice trying the case may remit the penalty for violation of this section, upon the disclosure by the person charged with the offense of the name of the person, firm or corporation from whom he obtained any such cigarette or cigarette paper.

Sec. 3. That it shall be the duty of every constable, policeman, town sergeant, sheriff or his deputy when he finds any person under the age of twenty-one years smoking a cigarette, or with a cigarette or cigarette paper in his possession, to immediately inquire of such person where and of whom he obtained such cigarette or cigarette paper, and upon failure of any person to give such information when requested by such officer, the officer shall arrest such person and take him before a justice or other officer having jurisdiction, to be dealt with as provided in section two of this act. Upon information of such person to said officer of the violation of any of the provisions of sections one and two of this chapter, he shall immediately report such information to the prosecuting attorney of the county, who shall have the person giving such information, along with any other witnesses having any knowledge of the transaction, summoned before the grand jury at its next session for investigation.

Any officer failing to perform the duties required of him by this section shall be fined not exceeding five dollars for each offense. Justices of the peace and police judges are hereby given concurrent jurisdiction with the circuit and criminal courts of this state of offenses under this chapter.

Sec. 4. Every person who shall smoke or use a cigarette or cigarettes in any school building or any buildings or such parts thereof as may be used for school purposes, or on any lands used for school purposes, shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not less than one nor more than five dollars.

Sec. 5. It shall be unlawful for any person, firm or corporation to sell, or give away, or in any other manner to supply or furnish any person in this state opium in any form; but the provisions of this section shall not apply to any sale of opium by a registered pharmacist upon the written prescription of a practicing physician in good standing in his profession, nor to any reputable physician dispensing opium in the regular course of his practice.

Sec. 6. Any person, firm or corporation violating any of the provisions of this act, where punishment is not otherwise provided, shall be liable to a fine of not less than ten dollars, nor more than twentyfive dollars for the first offense, and for each subsequent offense shall be liable for a fine of not less than twenty-five dollars nor more than three hundred dollars, and on failure to pay the fine and costs of prosecution, shall be required to work the same out on the public roads.

Sec. 7. All acts and parts of acts inconsistent with this act are hereby repealed.

(House Bill No. 25.)

CHAPTER 17.

AN ACT to preserve competition among common carriers in the state of West Virginia, and to prevent monopoly of the business of common carrier and protect intrastate commerce from restraint and monopoly.

(Passed February 19, 1913. In effect ninety days from passage. Approved by the Governor February 25, 1913.)

Be it enacted by the Legislature of West Virginia:

Sec. 1. No railroad company organized and existing under the laws of the state of West Virginia, or organized under the laws of the state of Virginia prior to June twenty-first, one thousand eight hundred and sixty-three, or existing by a consolidation of other railroad corporations; no railroad company organized under the laws of any other state or territory, which owns, controls, operates or is interested in, any railroad in the state of West Virginia, or which transacts business in the state of West Virginia, shall consolidate its stock, property or franchises with that of any other railroad company, or lease, purchase or in any manner become owner of, or interested in, or control any railroad corporation or any

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franchise, right or property thereof, which owns, controls operates or is interested in, any parallel or any competing line of railroad which is located, or any part of which is located in the state of West Virginia; the fact of such consolidation of stock, property or franchises, or of such lease, purchase or ownership of, interest in or control by any such railroad company of any railroad corporation or any franchise, right or property thereof which owns, controls, operates or is interested in any parallel or any competing line of railroad which is located, or any part of which is located in the state of West Virginia, shall be determined by a jury if and whenever it shall be necessary to so determine the same.

Sec. 2. It shall be unlawful for any director, officer, agent, representative or attorney of any railroad company mentioned in the first section of this act, or of any corporation controlled by any such railroad company or in which it is interested through stock ownership or otherwise, to act or serve as president, vice president, director or general executive officer of any kind, of any railroad company owning or controlling or interested in any parallel or competing line.

Sec. 3. On and after July first, one thousand nine hundred and thirteen, it shall be unlawful for any such railroad company as is mentioned in section one of this act, to hold, own or control or in any manner to be interested either directly or by the ownership of capital stock of some other corporation, or to own or have any equitable interest in any of the shares of the capital stock of any railroad company, which owns, controls or is interested in any competing line or parallel line of railroad, all or any part of which is located in the state of West Virginia.

Sec. 4. Any railroad company violating any provision of this act shall be guilty of a misdemeanor and upon conviction shall be fined not more than five thousand dollars for each offense. Each director and general officer of any railroad company so offending shall likewise be guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars and confined in jail not less than six months nor more than one year for each offense. The circuit or criminal court of any county in the state in which such railroad company is engaged in the business of a common carrier, shall have jurisdiction to try and punish any offender under this act.

Sec. 5. The several circuit courts of the counties of West Virginia are hereby given jurisdiction to prevent and restrain violations of this act, and by mandamus to compel obedience to its provisions,