Lapas attēli
PDF
ePub

The judges of the trial courts in the various counties are required to designate one of their number as judge of the Juvenile Court. This court is given jurisdiction of children under sixteen years of age. Such powers are given this court as are assigned generally to juvenile courts.

The probate courts are prohibited from granting a marriage license where either of the parties is an habitual drunkard, epileptic, imbecile or insane or who at the time of the application for the license is under the influence of intoxicating liquors or narcotic drugs.

One of the most important statutes passed was entitled, "An act qualifying the risks to be deemed as assumed by employees." This statute provides as follows, to wit:

"In any action brought by an employee, or his legal representative, against his employer, to recover for personal injuries, when it shall appear that the injury was caused in whole or in part by the negligent omission of such employer to guard or protect his machinery or appliances or the premises or place where said employee was employed, in the manner required by any penal statute of the state or United States in force at the date of the passage of this act, the fact that such employee continued in said employment with knowledge of such omission shall not operate as a defense; and in such action, if the jury find for the plaintiff, it may award such damages not exceeding, for injuries resulting in death, the sum of $5000, and for injuries not so resulting the sum of $3000, as it may find proportioned to the pecuniary damages resulting from said injuries; but nothing herein shall affect the provisions of

section 6135 of the Revised Statutes.

"Nothing herein contained shall be construed as affecting the defense of contributory negligence nor the admissibility of evidence competent to support such defense."

The governor is required to select his staff from the commissioned officers of the National Guard in active service of the grade below that of colonel.

A provision is made to pay militiamen twenty-five cents for attendance at drill for each regular weekly drill attended not to exceed forty-eight weeks in one year.

Owners of mines are required to keep at the mouth of drift, shaft or slope where more than ten men are employed a stretcher, woolen blanket and waterproof blanket. Mines generating fire damp are required to keep on hand linseed or olive oil, bandages and linen.

Maple syrup and maple syrup sugar were defined to be the unadulterated product produced by the evaporation of pure sap from the maple tree. The standard of weight of a gallon of maple syrup of two hundred and thirty-one cubic inches is fixed at eleven pounds. Any other substance or a maple syrup of a less weight are declared to be adulterations. The use of the word "maple" in conjunction with anything else but unadulterated maple syrup is made a misdemeanor.

Railroads are prohibited from employing as flagmen, hostler or assistant hostler any person who cannot read, write and speak the English language. The act, however, does not apply to flagmen at street crossings. Owners of railroads are prohibited from erecting or maintaining any mail crane or live stock chute nearer than eighteen inches to the nearest point of contact with the cab of the widest locomotive.

Street railroads are given the right of eminent domain. The numerous special statutes governing school districts were repealed and a uniform code was adopted. It permits each school district to determine for itself the size and manner of electing the school board. The statute was the result of a bitter contest between those who advocated a small school board with its members elected at large and those in favor of a large school board, consisting of ward representatives. The elastic plan was adopted as a compromise. In many respects it is a mere re-enactment of the best features of the Ohio statutes which have been heretofore embodied in many special laws.

Bonds of public officials, executors, administrators, guardians and trustees in excess of $2000 are required to be executed with a surety company as surety. Surety companies are prohibited from qualifying on bonds in excess of twenty per cent.

of their capital stock. Premiums are limited to an amount not exceeding one-half of one per cent. per annum or in case the bond is for double the amount of the liability, then onefourth of one per cent. per annum. The premiums are to be payable respectively out of the public funds or trust funds. Persons, however, who are unable to obtain a bond from a surety company are permitted to give individual bonds. Surety companies executing bonds for public officials are prohibited from requiring or receiving collateral or other security from public officials.

A collateral inheritance tax being already on the statute books, a law imposing direct inheritance tax was enacted. The rate of taxation is two per cent. on all in excess of $3000 exemption to each beneficiary. The constitutionality of this law has just been sustained by the Supreme Court.

A sweeping statute was passed prohibiting generally the use of trading stamps.

Another act provides that any person bitten or injured by a mad dog shall be entitled to his actual expenses of medical and surgical attendance, in a sum not exceeding $500, to be paid out of the per capita tax on dogs.

From the organization of Ohio as a state in 1802 down to November, 1903, the governor of Ohio has never had the veto power. A constitutional amendment adopted at that time gave the governor the veto power. One of his early acts was to veto an appropriation of $80,000 for a governor's residence. A joint resolution was passed making the scarlet carnation, McKinley's favorite flower, the "State flower of Ohio."

KENTUCKY.

The more important acts passed at the last session of the General Assembly of Kentucky were the following, viz.:

A negotiable instrument act substantially similar to that adopted by the legislature of New York. The important differences between the New York act and the Kentucky act are as follows:

1st. The Kentucky act omits section 7 of the New York act, which provides that "in any case not provided for in this act the rules of the law merchant shall govern."

2d. The Kentucky act omits subsection 3 of section 24 of the New York act, the part omitted reading as follows: "Waives the benefit of any law intended for the advantage or protection of the obligor."

3d. Under the Kentucky act, when an agent signs the name of a party to a note, the agent must be duly authorized in writing. This difference from the New York act is material. In the New York act, section 38, "The authority of the agent may be established as in other cases of agency.'

4th. Insufficient notice of dishonor of a negotiable instrument can only be supplemented and validated by a written communication, while in the New York act an insufficient written notice may be supplemented and validated by verbal communication.

Before the adoption of the negotiable instruments act by the General Assembly of Kentucky an ordinary promissory note, payable to order or bearer, and not negotiable at nor discounted by a national bank or an incorporated state bank, was not upon the footing of a bill of exchange and was subject in the hands of the holder thereof to the equities and defenses existing between the maker and payee.

By the old law in existence in Kentucky until the adoption of the negotiable instruments act, in order to charge a person. other than the maker of the note, it was required that the holder of an ordinary promissory note should bring an action against the maker at the first term of court to which such an action could be brought, pursue said action with reasonable. diligence, obtain judgment, cause execution to be issued thereon and prosecute the maker to insolvency before he could have recourse against an assignor of such a note.

An act provides for the erection of a state capitol in place of the old, insufficient buildings now used for that purpose and appropriating the sum of $1,000,000 for the erection thereof.

The member of the General Council of this Association from

that state suggests:

"The new capitol should be erected upon some one of the hills surrounding the city of Frankfort, from which beautiful views of the surrounding country can be obtained; but the act provides that the building shall be located upon the ground or lot now used, which is altogether insufficient for the purpose."

An act creates a state school book commission and a county school book commission and provides for use in the public schools of the commonwealth a uniform series of text books and defines the duties and powers of the commission to fix maximum prices of said text books and to make preparations for carrying the act into effect and providing penalties for the violation of same.

By the terms of this act bidders are required to submit, with their bids, sample copies of the books which they propose to furnish, which the state school book commission sends to each county school book commission, and the selection is determined by the vote of the county school book commissions, a majority of the whole number of county school book commissions in the state being necessary for the selection of the books to be used.

An act to regulate elections requires the officers of registration to issue certificates of registration to each voter registering at the time he is registered, and no person who is required to register is permitted to vote at any election held in the state until he shall have presented to the election officers his certificate of registration.

I am told that a witty member of the Kentucky Bar has suggested that by the terms of this act registration certificates are placed upon the footing of negotiable instruments.

An act regulating the sales of stocks of merchandise in bulk, or a portion thereof, out of the regular course of business makes fraudulent and void, as against the creditors of the seller, a sale by a merchant engaged in business in the state of any portion of his stock or merchandise otherwise than in

« iepriekšējāTurpināt »