6 to-wit: Not less than one engineer, one fireman, one conductor, 7 one baggage master and one flagman; and provided further that 8 where five or more cars are coupled in one train, an additional 9 brakeman must be added; this not to include the train porters, 10 pullman or express employees, and said flagman and brakeman 11 must be competent and have passed the company's prescribed 12 examination. Sec. 2. That it shall be unlawful for any railroad company, 2 its officers, agents, receivers or any person or persons having con3 trol of the operation of freight trains doing business in this state, [H. B. No. 231 4 4 to run or cause to be run or operated over its road or any part 5 thereof, any freight train consisting of more than thirty freight 6 or other cars exclusive of caboose and engine with a train crew 7 consisting of less than six persons, to-wit: One engineman, one 8 fireman, one conductor, one flagman and two brakemen. Sec. 3. That it shall be unlawful for any railroad company, 2 its officers or agents, receivers or any person or persons having con3 trol of the operation of freight trains doing business in this state 4 to run or operate over its road or any part of its road, or to per5 mit to run or operate over its road, or any part of its road, any 6 freight train consisting of less than thirty freight or other cars 7 exclusive of caboose and locomotive with a train crew consisting 8 of less than five persons, to-wit: One engineman, one fireman, 9 one conductor, one flagman and one brakeman. Provided, 10 further, that an engine or engines without cars running over 11 three miles on main track shall have not less than one engine12 man, one fireman and one flagman or conductor. Sec. 4. That it shall be unlawful for any railroad company, 2 its officers or agents, receivers or any person or persons having 3 control of the operation of freight trains doing business in this 4 state, to run or operate over its road, or any part of its road, or to H. B. No. 231] 5 5 permit to be run or operated on its road, or any part of its road, 6 any way freight, mine run, pick up, or set off run, work or wreck 7 train, with train crew consisting of less than six persons, to-wit: 8 One engineman, one fireman, one conductor, one flagman and 9 two brakemen. Sec. 5. Any railroad company, its officers or agents, receivers 2 or any person or persons having control of the operation of 3 freight trains doing business in this state, who shall violate any 4 of the provisions of this act, shall be guilty of a misdemeanor and 5 upon conviction shall be fined the sum of one hundred dollars. Sec. 6. Suits for the violation of this act may be instituted in 2 any county of the state having jurisdiction of the subject matter 3 by any prosecuting attorney of said county, and the fines recovered 4 hereunder for violations of this act shall be subject to the same 5 disposition as other fines collected for the violation of the laws 6 of this state. House Bill No. 233 (BY MR. LUSK.) [Introduced January 20, 1921; referred to the Committee on the Judiciary.] House Bill No. 233 A BILL to amend and re-enact chapter fifty-nine, of the acts of the legislature of West Virginia, of the regular session of one thousand nine hundred and nineteen. Be it enacted by the Legislature of West Virginia: That chapter fifty-nine of the acts of the legislature of the regu2 lar session of one thousand nine hundred and nineteen, be amended 3 and re-enacted so as to read as follows: 4 If any horses, mules, cattle, sheep, hogs or goats, shall enter 5 into any grounds enclosed by a lawful fence, the owner or 6 manager of any such animal shall be liable to the owner of such 7 grounds for any damage that he may sustain thereby; and for 8 every successive trespass by such animal or animals, the owner 9 thereof shall be liable in damages in double the amount thereof, 10 and after having given at least five days' notes in writing to 11 the owner or manager of such animal, of the fact of two previous 12 trespasses, the owner or occupier of such grounds shall be en13 titled to such animal if it be found again trespassing on said 14 grounds. It shall be unlawful for any such animal to run at 15 large on any public road or highway, or railroad right-of-way [H. B. No. 233 4 16 in this state where such road or highway is enclosed on both 17 sides thereof by a lawful fence, or any river considered a lawful 18 fence; and should such stock while running at large destroy or 19 injure the property of another, the owner shall be guilty of a 20 misdemeanor and fined not less than five dollars and not more than 21 ten dollars, and shall pay to the party whose property may be 22 injured or destroyed, the amount of damages sustained by him by 23 reason of such destruction or injury. And the party so injured, 24 may, if he find such stock on his premises, retain them, or a suf25 ficient number thereof, until said damages and cost of keeping 26 be paid. It shall also be unlawful for any male sheep or goats, 27 over four months old, bull over six months old, or hog over four 28 months old to run at large, and if the owner of such property 29 permit same to run at large, he shall be guilty of a misdemeanor 30 and be fined not less than five dollars and not more than ten dol31 lars, and the owner of such animal shall pay to the party whose 32 property may be injured, the amount of damages sustained by 33 him by reason of the running at large of any such animal. 34 All acts and parts of acts inconsistent herewith are hereby 35 repealed. House Bill No. 466 (BY MR. STROTHER) [Introduced January 26, 1921; referred to the Committee on the Judiciary.] House Bill No. 466 A BILL to amend and re-enact section eleven, of chapter one hundred and fifty, of Barnes' code of West Virginia, one thousand nine hundred and eighteen, relating to the public service commission. Be it enacted by the Legislature of West Virginia: That section eleven of chapter one hundred and fifty of Barnes' code of West Virginia, one thousand nine hundred and eighteen, be amended and re-enacted so as to read as follows: Section 11. Any person, firm, association of persons, public 4 2 officer, public or private corporation, municipality or county, 3 complaining of anything done or permitted to be done by any 4 public service corporation subject to the provisions of this act, 5 in contravention of the provisions thereof, or any duty owing 6 by it under the provisions of this act may present to the com7 mission a petition which shall succinctly state all the facts; 8 whereupon a statement of the charges thus made shall be for9 warded by the commission to said public service corporation 10 which shall be called upon to satisfy such complaint or to answer 11 the same in writing within a reasonable time to be specified by [H. B. No. 466 12 the commission. If such public service corporation within the 13 time specified shall fail to make reparation for the injury alleged 14 to have been done or correct the practice complained of, and 15 shall fail to obey the law and discharge its duties in the premises, 16 then it shall be liable in punitive damages to any such person, 17 firm, association of persons, public officer, public or private cor18 poration, municipality or county, aggrieved or injured by such 19 failure; which said action for damages shall be cognizable in 20 any court of competent jurisdiction. And in addition thereto 21 shall be fined for every such offense not less than five hundred 22 nor more than five thousand dollars. 23 All acts and parts of acts in conflict herewith are hereby re24 pealed. House Bill No. 399 (BY MR. BUTTS) [Introduced January 25, 1921; referred to the Committee on the Judiciary.] House Bill No. 399 A BILL to prohibit tipping and extortion at hotels, restaurants and all other public eating places in this state. Be it enacted by the Legislature of West Virginia : Section 1. That the proprietor, keeper or manager of any 2 hotel, restaurant or other public eating place within this state 3 are hereby prohibited from permitting the acceptance of any 4 tips, gratuity or other extortion by any waiter, porter, clerk or 5 other person in the employ of or working about such hotel, 6 restaurant or other public eating place, and the permitting of 7 any such acceptance of tips, gratuity or other extortion is here8 by declared unlawful. This section shall extend to and pro9 hibit the acceptance by such employee of any tip, gratuity or 10 other thing of value in addition to the regular and specified price 11 of food served. Sec. 2. It shall be the duty of the proprietor, keeper or man2 ager of every hotel, restaurant or other public eating place 3 within this state to keep posted in a conspicuous place, both in 4 the office and in each dining room thereof, a placard bearing in 5 large, plainly visible type the words "no tipping allowed here." [H. B. No. 399 4 Sec. 3. Any person violating the provisions of this act shall 2 be guilty of a misdemeanor and upon conviction thereof shall, 3 for each offense, be fined not less than ten dollars nor more than 4 twenty-five dollars, or be confined in the county jail not to ex5 ceed thirty days, or both, at the discretion of the court. Jus6 tices of the peace shall have concurrent jurisdiction with the 7 circuit and criminal courts of offenses under this act committed 8 in their respective counties. House Bill No. 279 (BY MR. STROTHER) [Introduced January 21, 1921; referred to the Committee on the Judiciary.] House Bill No. 279 A BILL to amend and re-enact section seven of chapter five of Barnes' code of West Virginia, one thousand nine hundred and eighteen. Be it enacted by the Legislature of West Virginia: That section seven of chapter five of Barnes' code of West Virginia, of one thousand nine hundred and eighteen, be amended and re-enacted so as to read as follows: |