30 than a fee is taken by a railroad company for any part of its rail31 road, the assessor shall assess the value of said real estate, as if 32 taken in fec, against such party condemning less than a fee, and 33 the provisions of section forty-three-a of chapter twenty-nine of 34 the code of one thousand eight hundred and ninety-one shall 35 apply to such cases. 36 All acts and parts of acts in conflict with the provisions of 37 this act are hereby repealed. CHAPTER 24. (Senate Bill No. 99.) AN ACT to amend and re-enact section thirty-one of chapter one hundred and forty-five of the code of West Virginia, being serial section five thousand two hundred and thirty-three, concerning wilful injury to bridges, tracks, engines and other property of railway companies or others; murdering, maiming or disfiguring persons on trains; shooting at or on passenger cars; disorderly conduct on trains and cars; powers of conductors, flagmen and brakemen; special police officers for railroad companies; appointment, removal, powers and duties. assage. [Passed February 13, 1915. In effect ninety days from passage. without the Governor's approval.] SEC. 31. any Unlawful to injure, impair, weak- Became a law may be ejected from train; conductor, flagman or brakeman, as well as every conductor of every train is a conservator of the peace, and as such may obtain license to carry pistol, under provision of chapter 51 of Acts of 1909; railroad company may apply to governor for appointment of special police officers: officer so appointed shall qualify by taking oath; oath to be filed with clerk of county court and secretary of state: duty of police officer under provisions of this act; governor may revoke appointment for cause, or remove said officer services may be dispensed with by company employing officer; powers there upon cease; may wear uniform: all services to be paid for by railroad company. Be it enacted by the Legislature of West Virginia: Section 31. Any person who shall wilfully and unlawfully in 2 jure, impair, weaken, destroy or misplace any building, bridge, 3 rail, track, side-track, switch, rail bonds, spur-track, work, engine, 4 machine, locomotive, hand-car, depot, car, trestle, telegraph line, 5 telegraph pole, telegraph wire, telegraph instrument, or any other 6 instrument, machine, invention, or mechanical or electric appli7 ance whatever, which may be, or is now used by any company 8 operating or using any railroad, or other line or work of internal 9 improvement in this state; or obstruct any corporation which is 10 the owner or lessee of any railroad, or other work of internal im11 provement, in this state, in the use of any such property, shall 12 be guilty of a misdemeanor, and shall be fined not exceeding one 13 thousand dollars, and imprisoned not exceeding six months; and 14 if the death of any person occur in consequence of any such un15 lawful act, the person or persons committing the same shall be 16 guilty of murder, and punished accordingly. Or if any person 17 on a train or locomotive or passenger car is maimed or disfigured 18 by reason of any such unlawful acts, the person convicted of caus19 ing the same shall be guilty of a felony, and shall be punished by 20 confinement in the penitentiary not less than one year nor more 21 than twenty years. And if any person shall shoot or throw stones, 22 or other dangerous missiles, at or into any passenger car, or 23 other railroad car used for carrying passengers, or other persons, 24 while any such passenger or other person is within the same, he 25 shall be guilty of a felony and shall be confined in the penitentiary 26 not less than two nor more than ten years. And if any person, 27 whether a passenger or not shall, while on any passenger car or 28 on any train of cars, behave in a riotous or disorderly manner, he 29 shall be guilty of a misdemeanor, and fined not less than twenty30 five dollars nor more than two hundred dollars, and may, at the 31 discretion of the court, be confined in jail not less than one nor 32 more than six months, and may be ejected from such car or 33 train by the person or persons in charge thereof; and such 34 force as is necessary for that purpose may be used by such 35 persons in charge of such passenger car or train of cars with 36 such other person as they may call to their aid. And the con37 ductor of every passenger car, and flagman and brakeman em38 ployed on such car, as well as the conductor of every train of 39 railroad cars, shall have all the powers of a conservator of the peace 40 while in charge of such car or train; and all conductors in charge of, 41 and all flagmen and brakemen, not exceeding two, employed on any 41-a passenger train or passenger car, wholly within this state, or run 42 ning into the state from another state, or through this state, 43 whether they are residents of this state or not, may obtain a license 44 to carry about their person a revolver or other pistol while in the 45 discharge of their duties, in the manner and under 45-a such provisions as are provided in chapter fifty-one of 46 the acts of one thousand nine hundred and nine. Any rail47 road company owning or leasing and operating, or using any rail48 road lying wholly or partly within this state, whether such rail49 road be operated by steam or electric power, may apply to the 50 governor to appoint such citizen, or citizens, of this state as such 51 railroad company may designate, to act as special police officers for 52 such railroad company, with the consent of said citizen 52-a or citizens; and the governor may, upon such applica53 tion, appoint and commission such person or persons, or so many 54 of them as he may deem proper, as such police officers. Every 55 police officer so appointed shall appear before some person author56 ized to administer oaths and take and subscribe the oath prescribed 57 in the fifth section of the fourth article of the constitution, and 58 shall file such oath with the clerk of the county court, or other 59 tribunal established in lieu thereof, of the county in which he 60 shall reside. He shall also file certified copies of such oath in the 61 office of the secretary of state, and in the office of the clerk of the 62 county court, or other tribunal established in lieu thereof, of each 63 county through which such railroad or any portion thereof may 64 extend. Every police officer appointed under the provisions of 65 this act shall be a conservator of the peace within each county in 66 which any part of said railroad may be situated, and in which 67 such oath or a certified copy thereof shall have been filed with the 68 clerk of the county court or other tribunal established in lieu 69 thereof; and, in addition thereto, he shall possess and may exercise 70. all the powers and authority, and shall be entitled to all the 71 rights, privileges and immunities within such counties as are now 72 or hereafter may be vested in or conferred upon the regularly 73 elected or appointed constables of said county. Any appointment 74 made by the governor under the provisions of this act may be re75 voked by him for good cause shown, and such police officers may 76 be removed from office for official misconduct, incompetence, 77 habitual drunkenness, neglect of duty or gross immorality, in the 78 same manner in which regularly elected or appointed constables 79 may be removed from office; and whenever any such railroad 80 company shall desire to dispense with the services of any such 81 police officer, it may file a notice to that effect, under the cor82 porate seal, attested by its secretary, in each of the several offices 83 in which such oath or certified copy thereof shall have been filed; 84 and, thereupon, the powers of such police officer shall cease and 85 determine. Such police officers may wear such uniform and badge, 86 or either, of authority as the railroad company, upon whose appli87 cation they were appointed, may designate, and such railroad com88 pany shall pay them for all services rendered by them pursuant 89 to such appointment. CHAPTER 25. (Senate Bill No. 340.) AN ACT to amend and re-enact section nineteen of chapter thirteen, acts of one thousand nine hundred and thirteen, relating to pro hibiting the manufacture, sale and keeping for sale of intoxicating liquors. [Passed February 20, 1915. SEC. In effect from passage. Approved by the Governor 19. Express, railroad and transportation companies required to keep books containing name of every person to whom liquors are shipped; form of record; open to inspection of state, county and municipal officers; exceptions as to licensed druggist or registered pharmacist; books prima facie evidence; refusal of agent to comply with provisions a misdemeanor; penalty; nothing in this section construed as permitting transportation companies to carry intoxicating liquors other than as provided in sections 4 and 24. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: That section nineteen of chapter thirteen, acts of the legislature of one thousand nine hundred and thirteen, relating to prohibiting the manufacture, sale and keeping for sale of intoxicating liquors, be amended and re-enacted so as to read as follows: Section 19. All express companies, railroad companies and 2 transportation companies within this state are hereby required 3 to keep books in which shall be entered immediately upon re4 ceipt thereof the name of every person to whom liquors are ship5 ped; the amount and kind received; the date when delivered, and 6 by whom, and to whom delivered; after which record shall be 7 a blank space, in which the consignee shall be required to sign 8 his name in person to such record, which book shall be open to 9 the inspection of any state, county or municipal officer of this 10 state, at any time during business hours of the company; except 11 that in the absence or sickness of a duly licensed druggist, having 12 authority to sell pure grain alcohol and wine for the purposes 13 prescribed by law, a registered pharmacist in the employ of such 14 druggist, duly designated by such druggist, in writing personally 15 signed by him, to the agent of the transportation company, may 16 sign such druggist's name to the record of shipments of alcohol 17 for medicinal, pharmaceutical, scientific and mechanical pur18 poses, or wine for sacramental purposes by religious bodies, such 19 registered pharmacist being required to write immediately be20 neath such druggist's name his own name and his connection 21 with such druggist. Such books shall constitute prima facie evi22 dence of the facts therein stated, and be admissible as evidence 23 in any court in this state having jurisdiction, or in any manner 24 empowered with the enforcement of the provisions of this act. 25 Any employee, or agent of any express, railroad company or trans26 portation company knowingly failing or refusing to comply with 27 the provisions of this section, shall be guilty of a misdemeanor 28 and punished by a fine of not less than fifty nor more than one 29 hundred dollars, and may be imprisoned in the county jail not 30 less than thirty days nor more than six months. Provided, how31 ever, that nothing herein contained shall permit, or be construed 32 as permitting or authorizing any common carrier or trans33 portation company to bring or carry into this state, or carry 34 from one place to another within the state, intoxicating liquors 35 for another, even when intended for personal use, other than 36 pure grain alcohol and wine, and such preparations for druggists 37 as may be sold by them for the special purposes and in the man38 ner set forth in sections four and twenty-four. 39 All acts or parts of acts inconsistent herewith are hereby 40 repealed. CHAPTER 26. (Senate Bill No. 11.) AN ACT providing for the nomination of candidates for public office, including candidates for United States senator; members of the United States house of representatives; delegates to the national |