any public library, or levying any tax therefor, the municipal authority shall submit the question to the voters of such municipality, and the majority of the voters voting thereon shall authorize the establishment of such library, and the levy of such tax. The question shall be submitted at a general or special election, upon the order of said municipal authority or upon the petition, in case said municipal authority fail or refuse to do so in writing, of twenty per centum of the qualified voters resident of the municipality and the election, when ordered, shall be conducted, held and returned in all respects as other elections; and the ballot used shall have written or printed thereon under the heading “public library question" the words in plain letters, "for public library," "against public library." And the municipal authority of said municipality shall give at least two weeks' notice of said election by publishing notice thereof in one or more newspapers published in said municipality; or, if none are therein published, by like notice posted for a like period at each of the voting places in said municipality, and at five other public places for a like period, before said election, giving the date and object of the election.

Sec. 3. Appointment of Board. Whenever such public library is established under this act, the chief executive authority of said municipality shall appoint a board of six directors, chosen from the citizens at large from said municipality, with reference to their fitness for such office. Such directors shall hold office for three years from the first day of July following their appointment, and until successors are appointed; but upon their first appointment they shall, at their first meeting, divide themselves into three classes, so that one-third of the number shall hold office for a period of one year, one-third for two years, and one-third for three years. No person shall be ineligible to serve on said board by reason of sex. Vacancies in the board shall be reported to the municipal authorities, and filled by appointment in like manner as original appointments for the unexpired term. The municipal authorities may remove any director for misconduct or neglect of duty. No compensation shall be paid or allowed any director. The chief school officer of each municipality establishing a public library shall be ex-officio a member of its library board in addition to the six directors provided for herein.

Sec. 4. Powers of Board of Directors. The directors of each public library established under this act shall, immediately after their appointment, meet and organize by electing one of their number as president, and one as secretary. A majority of all the members of any board shall constitute a quorum for the transaction of business. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library as may be expedient and not inconsistent with this act. They shall have exclusive control of the expenditures of all the money collected for the library fund and for the construction of any library building or repairs thereto, and the supervision, care and custody of the grounds, rooms or building constructed, leased or set apart for the purpose; provided, that all money received for public library purposes, and deposited in the treasury of such municipality to the credit of the library fund, shall be drawn by the proper municipal officers upon the proper authenticated vouchers of the library board. Public library boards may, with the approval of the municipal authority, lease and occupy or purchase or erect an appropriate building for the use of said library. They shall have power to appoint a suitable librarian and assistants, and prescribe rules for their conduct,

and fix their compensation; and shall have power to remove such appointee, and, in general, to carry out the spirit and intention of this act in establishing and maintaining free public libraries for their respective municipalities.

Sec. 5. Use of Library. Each library established under this act shall be free for the use of the inhabitants of the municipality where located, subject to such reasonable rules and regulations as the library board may adopt and publish, in order to render the use of said library of greatest benefit to the greatest number; and said board may exclude from the use of said library any and all persons which shall wilfully violate such rules. The board may extend the privilege and use of said library to non-residents of the municipality upon such terms and conditions as said board may prescribe.

Sec. 6. Report of Library Board. Each library board shall, on or before the first day of July in each year, make report to the municipal authority appointing it, stating the condition of the library property, the various sums of money received from the library fund, and all other sources, and how such money was expended, the number of books and periodicals on hand, the number added by purchase and gift, the number lost or mislaid, the number of books loaned out and the general character of such books, together with an itemized budget estimate of expense of the library for the ensuing year, with such other statistical information and suggestions as they may deem of general interest or that may be required by said municipality.

Sec. 7. Gifts, Devises or Bequests. All persons desiring to make donations of cash or other personal property or real estate for the benefit of such library shall have the right to vest the title thereof in the library board created under this act, to be held in trust and controlled by such board according to the terms and for the purposes set out in the deed, gift, devise or bequest.

Sec. 8. Penalties for Injury to Property. Any one who shall wilfully deface or injure any building or furniture, or deface, injure or destroy any picture, plate, engraving, map, newspaper, magazine or book, or any object of art belonging to a public library, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than five dollars or more than fifty dollars, or by imprisonment not exceeding six months. The fine in each case. shall be paid to the proper officer or custodian of the library fund to be used by such library as other money paid into its treasury.

Sec. 9. Penalties for Failure to Return Books. Any person who shall wilfully detain any book, newspaper, magazine, pamphlet or manuscript belonging to such library, or to any incorporated library, for thirty days after notice in writing from the librarian, after the expiration of the time such books, newspaper, magazine, pamphlet or manuscript may be kept according to the rules. and regulations of said library, shall be liable for damages, to be recovered by said library board, by appropriate proceeding before a justice of the peace;. the recovery in each case to be paid to the proper officer or custodian of its funds;. provided, that the notice required hereby shall include a copy of this section.

ABOLISHING THE COMMON DRINKING CUP

(Being Chapter Twenty-three, Acts of Nineteen Hundred Thirteen)

Section 1. Use of Common Drinking Cups. That the use of the common

drinking cup, an undoubted source of communication of infectious diseases, is hereby prohibited in all public places, upon all railroad trains and boats, carrying passengers, in all public buildings of every description, and at public drinking springs and fountains within this State. The state board of health shall have full authority to establish rules and regulations to make this prohibition effective, as in their judgment may seem wise and proper. All persons, firms or corporations failing to observe the provisions of this act, or the rules and regulations of the state board of health made in relation thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than fifty dollars for each offense.

PROHIBITING THE USE OF CIGARETTES

(Being Sections of Chapter Sixteen, Acts of Nineteen Hundred Thirteen)

Sec. 2. That it shall be unlawful for any person under the age of twentyone 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. 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.

STATE DEPARTMENT OF HEALTH

(The Legislature of 1915 passed an act creating a state department of health. The following excerpts from this act are given here because of the references to schools and school buildings. Sections are arranged according to Barnes' Code of Nineteen hundred sixteen.)

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Sec. 1. (2) Commissioner of Health-Powers and Duties. The commissioner of health shall be appointed by the governor, by and with the consent of the Senate, and shall be a physician skilled in sanitary science, and experienced in public health administration. * His duties shall be to * * * inspect and report from time to time the sanitary condition of institutions, schools and school houses, public conveyances, dairies, creameries, slaughter houses, workshops, factories, labor camps, hotels, and places where offensive trades or industries are conducted; inspect and report the sanitary condition of streams, sources of water supply, and sewerage facilities; endeavor to enlist the co-operation of all physicians, and volunteer health organizations in the improvement of public health; promulgate information to the general public in all matters pertaining to public health.

* * *

Sec. 4. Inspectors and Examiners-Powers and Duties. Inspectors, examiners or other persons appointed by the commissioner of health may be

appointed at such time or times as by him deemed necessary; and they shall act as representatives of the commissioner of health, and under his direction, shall secure the enforcement of the provisions of the public health laws and regulations, and shall have the right of entry into any workshop, public school, factory, dairy, creamery, slaughter house, hotel, or other place of business or employment, or any common carrier or public utility when in the discharge of official duties. Any person interfering with or attempting to interfere with any inspector, examiner or any other duly authorized employee of the commissioner in the discharge of his duties under this section shall be guilty of a misdemeanor and upon conviction fined not exceeding one hundred dollars.

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Sec. 2. Public Health Council. Whenever the character and location of plumbing, drainage, water supply, sewers and disposal of sewage, garbage, or other waste materials of cities, towns and villages, offensive trades, hotels and labor camps; and the ventilation, warming, natural lighting and excreta disposal in public utilities, in public halls, churches, school houses, workshops, prisons and all other public institutions, are such as to endanger the public health, the public health council shall have power to make and enforce rules regulating the

Sec. 4. Control of Tuberculosis Sanitarium. The state department of health shall have the advisory medical supervision of the state tuberculosis sanitarium, and the state board of control shall have the control of the business and fiscal affairs thereof. The director of the division of preventable diseases under the supervision of the commissioner of health, shall encourage measures for the suppression of tuberculosis, such as clinics, camps, open-air schools, sanitaria, district nursing, anti-tiberculosis societies, diffusion of knowledge, and other

means.

STATE COMPENSATION ACT

(Being Section 9 of Chapter 17, Acts of the Legislature of nineteen hundred nineteen, regular session. By the provisions of this act boards of education may in behalf of their employees, take advantage of the State Compensation law. Full particulars may be obtained by communicating with the State Compensation Commission, Charleston.)

Sec. 9. All persons, firms, associations and corporations regularly employing other persons for the purpose of carrying on any form of industry or business in this State, county and municipal corporations, the State of West Virginia, and all governmental agencies or departments created by it, are employers within the meaning of this act, and subject to its provisions. All persons in the service of employers as herein defined and employed by them for the purpose of carrying on the industry, business or work in which they are engaged, and check weighmen as provided for in chapter twenty, acts of one thousand nine hundred and eleven, are employees within the meaning of this act and subject to its provisions, provided that the act shall not apply to employers of employees in domestic or agricultural service, persons prohibited by law from being employed, traveling salesmen, to employees of any employer while employed without the State; nor shall a member of a firm of employers, or any officer of an association, or of a corporation employer, including managers, superintendents, assistant managers

and assistant superintendents, any elective official of the State, county or municipal corporation be deemed an employee within the meaning of this act.

The premiums and all expenses in connection with the election of the governmental agencies and departments of the State of West Virginia shall be paid out of the state treasury out of the appropriations made for such agencies and departments, in the same manner as other disbursements are made by such agencies and departments.

Municipal corporations shall provide for the funds to pay their prescribed premiums into the fund, and said premiums and premiums of state agencies and departments shall be paid into the fund in the same manner as herein provided for other employers subject to this act.

Any employer whose employment in this State is to be for a definite or limited period, which could not be considered “regularly employing" within the meaning of this act, may elect to pay into the workmen's compensation fund the premiums herein provided for, and at the time of making application to the commissioner, such employer shall furnish statement under oath showing the probable length of time the employment will continue in this State, the character of the work, an estimate of the monthly payroll, and any other information which may be required by the commissioner. At the time of making application such employer shall deposit with the state compensation commissioner to the credit of the workmen's compensation fund the amount required by section twenty-four of this act, which amount shall be returned to such employer if his application be rejected by the commissioner. Upon notice to such employer of the acceptance of his application by the commissioner, he shall be an employer within the meaning of this act, and subject to all of its provisions.

Any foreign corporation employer electing to comply with the provisions of this act and to receive the benefits hereunder, shall at the time of making application to the commissioner, in addition to the other requirements of this act, furnish such commissioner with a certificate from the secretary of state showing that it has complied with all the requirements necessary to enable it to legally do business in this State, and no application of such foreign corporation employer shall be accepted by the commissioner until such certificate is filed.

For the purpose of this act a mine shall be adjudicated within this State when the main opening, drift, shaft or slope is located wholly within this State.

Any employee within the meaning of this act whose employment necessitates his temporary absence from this State in connection with such employment and such absence is directly incidental to carrying on an industry in this State who shall have received injury during such absence in the course of and resulting from his employment, shall not be denied the right to participate in the workmen's compensation fund.

An independent contractor who sub-lets any portion of his contract shall be considered the employer of the employees of any sub-contractor and shall carry on his payroll the names of such sub-contractor's employees and pay the prescribed premium on their wages during the period such employees are working under his contract.