12 ginia, and the words "state board of health," wherever used in 13 said sections, shall mean public health council, as established by 14 this act. The term "practice of medicine and surgery" as used 15 by this act shall be construed to be treatment of any human ail16 ment or infirmity by any method. To open an office for such pur17 pose or to announce to the public in any way a readiness to treat 18 the sick or afflicted, shall be deemed to engage in the practice of 19 medicine and surgery within the meaning of this act; provided, this 20 clause shall not apply, however, to regularly registered optometrists. Sec. 13. The commissioner of health, may, with the advice of 2 the public health council, establish branches of the hygienic lab3 oratory at such points within the state as he may deem necessary in 4 the interest of the public health to insure prompt bacteriologic ex5 aminations, and for said purpose may expend annually a sum not 6 in excess of one thousand dollars. The right of appeal from any 7 order of the public health council or any of its officers or 8 agents, shall lie to the circuit court of the county where the pro9 perty rights or personal liberties have been affected, and the right 10 of appeal shall be limited to thirty days from the time a general 11 order is entered. 12 Any two or more counties may combine to co-operate with the 13 state department of health, either by special vote or by vote of 14 their respective boards of health, and participate in the employ15 ment of trained health officers and other agents or in the installa16 tion and maintenance of a common laboratory and other equip17 ment. Whenever such counties shall decide to so co-operate and 18 shall appropriate a sum or sums of money for such joint or co19 operative action, a sum equal to two-fifths of the total amount con20 tributed by the co-operating counties, shall be added thereto from 21 the appropriation made for the state department of health; pro22 rided, that the general place of co-operation, as well as the princi23 pal health officer, executive agent or laboratory director employed 24 by such counties shall first have been approved by the public health 25 council; and, provided, further, that no sum so paid to any group 26 of counties, shall exceed five hundred dollars in any one year; and 27 provided such co-operation by the state department of health shall 28 be limited to not more than three thousand dollars annually. Sec. 14. All acts and parts of acts inconsistent with this act 2 are hereby repealed. CHAPTER 12. (House Bill No. 103.) AN ACT to amend and re-enact chapter fifteen-h of the code of West Virginia, to provide for the establishment of a state bureau of labor, to be under the control and management of a commissioner, to be known as the state commissioner of labor. (Passed February 25, 1915. In effect ninety days from passage. Approved by the Governor March 4, 1915.) formation by State, county, district and city officers upon request; shall report to governor by December first of each year, suggesting necessary legislation to promote prosperity and to protect the lives and health and promote prosperity of the persons employed. Commissioner shall appoint not more than two factory inspectors; may divide state into inspection districts: salary and expenses; shall appoint a chief clerk, salary; stenographer, salary. Commissioner's salary not to exceed two thousand four hundred dollars per annum; allowed actual traveling expenses. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: That chapter fifteen-h of the code of West Virginia, providing for the establishment of a state bureau of labor, to be under the control and management of a commissioner, to be known as the state commissioner of labor, be amended and re-enacted so as to read as follows: Section 1. The governor shall, with the advice and consent 2 of the senate, appoint a competent person, who is identified with 3 the labor interests of the state, to be state commissioner of labor, 4 who shall hold his office for a term of four years and until his 5 successor is appointed and qualified. In case of a vacancy in the 6 office of the commissioner of labor, caused by death, resignation, 7 removal or otherwise, the governor shall appoint a commissioner 8 of labor for the unexpired term in the manner above provided. Sec. 2. It shall be the duty of the commissioner of labor 2 to collect, compile and present to the governor an annual report, 3 statistical details relating to all departments of labor and the in4 dustrial interests of the state, especially in relation to the finan5 cial, social, educational and sanitary condition of the laboring 6 classes, and all statistical information that may tend to increase 7 the prosperity of the productive industries of the state. He shall, 8 once at least in every year, visit and inspect the principal fac9 tories and workshops of the state; and shall, upon complaint and 10 request of any three or more reputable citizens, visit and inspect 11 any place where labor is employed and make true report of the 12 result of his inspection. Sec. 3. The commissioner of labor shall have power, in 2 the discharge of his duties, to enter and inspect any public insti3 tution of the state and any factory, workshop or other place where 4 labor is employed. He may furnish a written or printed list of 5 interrogatories asking information essential to a proper discharge 6 of his duties, to any person, company or corporation employing labor, and require full and complete answers thereto. And if any 8 person, or the officers of any company or corporation shall neglect 9 or refuse to answer, within a reasonable time, any proper ques10 tion propounded to him by the commissioner of labor, or if any 11 person or the officers of any company or corporation to whom a list 12 of interrogatories has been furnished, shall neglect or refuse to 13 fully and truthfully answer and return the same, such person or 14 such officer of such company or corporation shall be deemed guilty 15 of a misdemeanor. Sec. 4. The commissioner of labor shall report to the 2 prosecuting attorney of the proper county all such violations. 3 of this act; whereupon said prosecuting attorney shall proceed 4 against the guilty persons thereof, as in any other cases of mis5 demeanor; and any person, or any officer, or any company or 6 corporation, convicted in such proceedings shall be fined not less 7 than ten dollars, nor more than fifty dollars, or shall be con8 fined in the county jail not less than ten nor more than ninety 9 days, or shall be both fined and imprisoned within the above limits. Sec. 5. All state, county, district and city officers shall 2 furnish the commissioner of labor, upon request, all statistical 3 information relating to labor which may be in their possession 4 as such officers. The commissioner of labor shall report to the 5 governor, on or before the first day of December in each year, all 6 the statistics he has collected and compiled, with such sugges7 tions as he may deem advisable as to legislation tending to pro8 mote and increase the prosperity of the industrial establishments 9 of the state, and to protect the lives and health and to promote 10 the prosperity of the persons employed therein. Sec. 6. The commissioner of labor, shall by written order filed 2 with the governor, appoint not more than two factory inspectors 3 who shall be under the supervision of the commissioner of labor. 4 The commissioner of labor may at any time when the conditions are 5 changed or in his discretion the good of the service requires, by an 6 order filed with the governor, divide the state into inspection dis7 tricts as to him may seem advisable. ex 8 The salary of a factory inspector shall be twelve hundred 9 dollars per annum and necessary traveling and hotel 10 penses. 11 The commissioner of labor shall appoint a chief clerk whose 12 salary shall not exceed twelve hundred dollars per annum and 13 a stenographer whose salary shall not exceed nine hundred dollars 14 per annum. Sec. 7. The salary of the commissioner of labor provided 2 for in this act, shall be two thousand four hundred dollars per 3 annum, and he shall be allowed his actual and necessary traveling 4 and incidental expenses. Sec. S. All acts and parts of acts in conflict with this 2 act are hereby repealed. CHAPTER 13. (House Bill No. 66.) AN ACT providing for the prevention, control and eradication of infectious, contagious or otherwise communicable diseases among domestic animals and poultry, and providing for quarantine and such rules and regulations as may be necessary for its enforcement. (Passed February 16, 1915. In effect from passage. February 25, 1915.) Approved by the Governor disinfection of premises, may cause destruction of animals or poultry, may prohibit transrortation of animals aud poultry from one place to another, may cause investigations regarding the causes, and methods of preventing, controlling and eradicating diseases. Commissioner may employ veteri narians who must be graduates SEC. of veterinary colleges; commissioner shall enforce this act; collect and disseminate information; consulting veterinarians to receive five dollars per diem and actual expenses, to be paid out of current appropriation. 4. Commissioner may appoint city veterinary, sanitary officer as deputy state veterinarian; such officers to receive but one salary; appointment revocable by commissioner; commissioner authorized to appoint veterinarians to examine animals to be moved to states where laws require such examination; shall specify and regulate fees for examinations, and remove veterinarian whenever he may see fit; no charge shall be made against the state for services rendered. 5. 6. Power of enforcement of this act may enter any premises, public or private; shall have power to call on sheriffs and their deputies, constables and police officers, mayors of cities, city and town sergeants to assist in the enforcement of this act; duty of such officers to assist failure or refusal to act punishable by fine. Various diseases to be immediately reported to the commissioner by every practitioner of veterinary medicine in the state upon receiving information thereof: report shall be in writing; duty of every person to report to commissioner any animal suspected to be affected with any infectious, contagious or communicable disease: failure to report persons interfering with or obstructing the commissioner or consulting veterinarians in the discharge of their duties, a misdemeanor. 7. Unlawful to drive into this state any animal affected with contagious, infectious or communicable disease; animals brought in subject to certain restrictions unless accompanied by a certificate of good health issued by accredited authority; certificate to be made in triplicate; animals not accompanied by a certificate of health may be placed in quarantine by commissioner at owner's expense; such expenses collectable by law: importation restricted. certain animals excepted: commissioner may prohibit entirely or restrict importations. 8. Importation of domestic animals for dairy and breeding purposes restricted health certificate to be issued by person duly authorized to issue same to be made in triplicate, original to accompany way bill; what certificate and chart must show herd certificate may be used in lieu of tuberculin test chart; animals for immediate SEC. 9. 10. 11. 12. 13. 14. 15. 16. 17. slaughter or for temporary purposes not affected by sections seven and eight; commissioner may issue duration permits; certain animals not subject to tuberculin test; commissioner may refuse to permit importation of animals when genuineness of health certificate is questioned. Any bovine animal not accompanied by health certificate brought into this state subject to section seven and to certain regulations; animal to be held in quarantine for physical examination by the commissioner or his agent; such to be at expense of owner. When quarantine may be established; special and general terms defined; power to establish quarantine, duties; powers to establish special quarantine, oy whom; general quarantine, Ly whom necessary to post notices, publication required. Quarantine established by commissioner by posting notices; special permit necessary to remove any quarantined animal or food; unlawful for dog to run at large in quarantined locality; no liability for destroying animal having escaped from such quarantine. Unlawful to tear down notices of quarantine. Unlawful for Owner of any do mestic animal to allow same to run at large within limits of quarantine; animal to be taken up by constable and held at expense of owner; pay for such services; excess of fees to be paid to owner, if known, and if not known, into state treasury. Suitable quarters shall be provided for quarantined animals, at expense of owner; after default for ten days such animals to be sold at public auction for such expenses; any surplus to go to owner: no animal to be removed until such expenses are paid. To prevent spread of disease carcass of animal shall be destroyed: first, by cremation; second, boiling carcass or heating same with steam: third, by burying carcass of such animals; to be covered by quick lime duty of owner of such animal to destroy or dispose of the carcass of such animal at owner's expense. Transporting diseased animals prohibited except upon written permission of commissioner or his agents. Making tuberculin tests: who may make such tests; tests to be made under rules made by commissioner; infected animals to be marked or branded with a capital "T""; pure bred animals may be kept by owner under certain restrictions; anl |