County Com missioners public scales. Be it Enacted by the Legislative Assembly of the State of Section 1. The Board of County Commissioners of any county may establish is hereby authorized, in its discretion, when petitioned by twenty-five or more residents and freeholders of the county, to Establish and Locate Public Scales at any suitable location selected by the County Commissioners within the county. Capacity. Equipment. Public Bond. Duty of Public Records open to public inspection. Section 2. Such Scales shall be purchased by the county, and be of not less than five tons weighing capacity, and shall be provided with glass or open front which can be observed by the one weighing without dismounting from wagon, and shall be the property of the county, and at all times be under its control and subject to the will of the County Commissioners. Section 3. The Board of County Commissioners shall appoint at each place where Public Scales are established by them, a Public Weigher, who shall have the custody and care of such property, and who shall give a bond to the county in the sum of $500.00, conditioned for the safe keeping of the same, and for the faithful and impartial discharge of the of the duties incident to his trust in office. Section 4. It shall be the duty of each Public Weigher to keep a stub record of all weighing done by him, which record and the receipt issued by such Public Weigher shall show for whom property was weighed and the character and kind thereof, and shall constitute prima facie evidence of the facts therein contained; and all such stub records, or other records which the county commissioners may require him to keep, shall at all times be open to public inspection during business hours, between 7:00 A. M. and 6:00 P. M. of any day save and except Sundays and legal holidays, and such Public Weigher shall file a sworn statement with the County Recorder of the County, as prescribed by the County Commissioners, thereof, which statement shall show the date and character or kind of property weighed, for whom weighed, and a complete statement of all fees collected. Section 5. Such Public Weigher shall receive not to exceed ten Compensation. cents for each receipt issued by him, and shall be gov erned by such rules and regulations as may be from time to time prescribed or adopted by the Board of How removed. County Commissioners, and he may be removed at any time by such Board. Section 6. tain things. Any Public Weigher, under the provisions of this Not to do cerAct, who shall make any false or fraudulent receipt of any weighing done by him, or shall be guilty of any collusion with any other person or persons for. the purpose of deceiving any person or persons in regard to the correctness of weights, or who shall fail to comply with the requirements of the preceding Section, is guilty of a misdemeanor. Section 7. Misdemeanor. clause. All Acts and parts of Acts in conflict herewith are Repealing hereby repealed. Section 8. takes effect. This Act shall be in full force and effect from and When act after its passage and approval by the Governor. Approved Feb'y 20, 1905. CHAPTER 23. An Act to Determine the Liability of persons or corporations operating Mines, Smelters or Mills in this State for Damages Sustained by Employees thereof, and to declare Void Contracts Restricting Liability. Be it Enacted by the Legislative Assembly of the State of Montana: Section 1. That every company, corporation, or individual operating any mine, smelter, or mill for the mining corpo Liability of rations and sonal injuries others for per- refining of ores shall be liable for any damages susemployees. tained by any employees thereof within this State, without contributing negligence on his part, when such damage is caused by the negligence of any superintendent, foreman, shift-boss, hoisting, or other engineer, or crane men. Contract of insurance no bar to action. Right of action survives. Repealing clause. When act takes effect. Section 2. No contract of insurance, relief, benefit, or indemnity in case of injury or death, nor any other contract entered into before the injury, between the person injured and any of the employers named in this Act shall constitute any bar or defense to any cause of action brought under the provision of this Act. Section 3. In case of the death of any such employees in consequence of any injury or damages so sustained, the right of action shall survive and may be prosecuted and maintained by its heirs, or personal representatives. Section 4. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 5. This Act shall take effect and be in full force from and after its passage and approval by the Governor. Approved Feb'y 20, 1905. Certain acts prohibited. CHAPTER 24. An Act to Punish Interferences, and Attempted Inter- Be it Enacted by the Legislative Assembly of the State of Section 1. Every person who, within the State of Montana, wilfully and maliciously either, a. Burns, breaks, cuts, derails, destroys, displaces, injures, obstructs, removes or places any explosive substance upon, in or under, any track, switch, bridge, culvert, viaduct, road-bed, embankment, reservoir, water-tank, stand-pipe or appurtenances, station or section house, coal dock, passenger, mail, baggage, express or freight car, caboose, engine, tender or other rolling stock, or other appliance, part, structure or fixture, attached to, or used in connection with, any operated railway, or any branch thereof, lying wholly or partially within this State, whether operated by steam or other motive power; or by letter or other writing, threatens to do, any of the foregoing acts or things; or b. Wrecks, whether by the use of dynamite or other explosive, or any other means, any moving train, engine, cars or other rolling stock of any such railroad or branch; or c. By intimidating any member of a train or engine crew, or any passenger, or otherwise stops, holds up, or interrupts the journey of any such train, engine, cars or rolling stock, of any such railway, or branch thereof, for the purpose of gaining from any person, by any means, any money or other thing of value; shall be deemed guilty of felony, and on conviction be pun- Felony. ished by imprisonment in the State Prison, for a term not less than five years, and which may extend to the term of his natural life. Penalty. Section 2. commission of acts enumertion 1. ated in Sec Any person who wilfully and maliciously attempts Penalty for to commit any of the acts in Section I of this Act enumerated, shall be deemed guilty of a felony, and punished by imprisonment in the State Prison for not less than one year nor more than ten years. Section 3. If in the commission, or attempt to commit, any of Death penalty the acts made felonies under Section 1 of this Act, the inflicted. death of any person shall be caused, the person so committing, or attempting to commit said acts or any thereof, shall be deemed guilty of murder in the first degree; and, on conviction thereof, shall suffer death. Not retroactive. Section 1030 of Penal Code repealed. When act takes effect. Section 4. Any act heretofore done of the general nature of any of the acts hereinabove enumerated, which were at the time of their commission, punishable as a crime, under any then existing law of this state, may still be prosecuted and punished under such pre-existing law. Section 5. Section 1030 of the Penal Code of Montana is, subject to the Provisions of Section 4 of this Act, hereby repealed. Section 6. This Act shall be in full force and effect from and after its passage and approval by the Governor. Approved Feb'y 18, 1905. Section 3695, CHAPTER 25. An Act Amending Section 3695 of the Political Code Section 1: That Section 3695, Part III, Title X, Chapter III, of Political Code, the Political Code of the State of Montana be, and the same is, hereby Amended so as to read as follows: amended. Relating to banks, broker or dealer in stocks. Section 3695: Every Private Banker, Broker or Dealer in Stocks must make out and deliver to the assessor, when required to list personal property, a verified statement containing: First: The amount of money on hand, or in transit. Second: The amount of funds in the hands of other banks, brokers or others subject to draft. Third: The amount of checks or cash items, the amount thereof not being included in either of the preceding items. Fourth: The amount of bonds and stocks of every kind, (except United States bonds) and shares of cap |