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building, railroad or high

Distance reduced one-half. Whenever the way to be protected is effectually screened from the magazine, where explosives are had, kept or stored, either by natural features of the ground or by an efficient artificial barricade of such height that any straight line drawn from the top of any side wall of the magazine to any part of the building to be protected, will pass through such intervening natural or efficient artificial barricade, and any straight line drawn from the top of any side wall of the magazine to any point twelve feet above the center of the railroad or highway to be protected will pass through such intervening natural or efficient artificial barricade, the applicable distances given in column two, three and four of the quantity and distance table may be reduced one-half.

Table not applicable when. Whenever the building, railroad or highway to be protected is effectually screened from the magazine, where explosives are had, kept or stored by a natural barrier, which, at any one point thereon, is forty feet or more in height above a straight line drawn from the top of any side wall of the magazine to any part of the building to be protected or to any point twelve feet above the center of the railroad or highway to be protected, which natural barrier has a natural thickness of not less than two hundred feet where the same is intersected by the straight line drawn as aforesaid then, the quantity and distance table shall not be applicable to such magazine.

"Quantity reduced when." If at any time the distances from a magazine to a building, highway or railroad be decreased through the construction of a new building, highway or railroad or by any other means, then the amounts of explosives which may be lawfully had, kept or stored in said magazine must be reduced to correspond with the quantity and distance table; provided, in the case of a new building, that the same is constructed in good faith for any of the purposes specified in the following paragraph, and not with intent to annoy, harass, oppress or hinder the owner of said magazine.

"Building." The term "building" when used in the foregoing table shall be held to mean and include only any building regularly occupied in whole or in part as a habitation for human beings, and any store, church, schoolhouse, railway station or other public place of assembly.

"Highway." The term "highway" when used in the foregoing table shall be held to mean public streets or public roads, and shall not include roads constructed and maintained by private persons.

"Railroad." The term "railroad" when used in the foregoing table shall be held to mean and include any steam, electric or other railroad that carries passengers or articles of commerce for hire.

"Efficient artificial barricade." The term "efficient artificial barricade" when used in the foregoing shall be held to mean an artificial mound or properly revetted wall of earth of a thickness of not less than three feet. The provisions of this subsection (b) shall not apply to mining or quarrying operations. Nothing contained in this subsection (b) shall be held to prohibit the keeping or storing of explosives at any explosive manufacturing plant which was actually used in manufacturing explosives prior to the fifteenth day of April, 1917.

(c) Magazines of second class. Storage in tunnels. Magazines of the second class shall consist of a stout box, and not more than one hundred pounds of explosives shall at any time be kept or stored therein, and, except when necessarily opened for use by authorized persons, shall at all times be kept securely locked. Upon each such magazine there shall at all times be kept conspicuously posted a sign with the words, "magazine," "explosives," "dangerous," legibly printed thereon.

Nothing in this section contained shall be held to prohibit the keeping or storing of explosives in any tunnel, where no person or persons are employed; provided, always, that any tunnel so used for the storage of explosives shall have fireproof doors, which must at all times be kept closed and locked, except when necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons law.

fully entitled to enter the same. The door of such tunnel magazine shall at all times have legibly printed thereon the words, "magazine,” “explosives," "dangerous." [Amendment approved May 2, 1919. Stats. 1919, p. 148.]

The amendment of 1919 also contained the following provision: "All acts or parts of acts in conflict herewith are hereby repealed." This section was also amended in 1917. See Stats. 1917, p. 695. §4. Penalty for violating. Any person violating or failing to comply with any of the provisions of sections 2 and 3 of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, and not more than one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

§ 5. Transporting. It shall be unlawful to transport, carry or convey, any explosives between any places within this state, on any vessel, car or other vehicle of any description, operated by common carrier, which vessel, car or vehicle is carrying passengers for hire: provided, that it shall be lawful to transport on any such vessel, car or vehicle, small arms ammunition in any quantity, and such fuses, torpedoes, rockets or other signal devices as may be essential to promote safety in operation, and properly packed and marked samples for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time, in a single vessel, car or vehicle, but such samples shall not be carried in that part of the vessel, car or vehicle, which is intended for the transportation of passengers for hire; provided, further, that nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipcars or vehicles; provided, further, that the transportaexplosives on any freight train in this state that carries passengers for hire in a car or caboose attached to the rear of such train, shall not be held or construed to violate the provisions of this act. § 6. Regulations of railroad commission. The railroad commission state is hereby empowered to make, publish and promulgate regulations as are not in conflict with this act and as in the

ment vessels,

tion of

of this

such

judgment of said commission may tend to the safe packing, loading, storage and transportation of the explosives defined by section 1 of

this act.

$7. Nitro-glycerine. It shall be unlawful to transport, carry or convey liquid nitro-glycerine, fulminate in bulk, in dry condition, or other like explosive, between any places within this state, on any

vessel,

car or vehicle of any description, operated by common carrier

in the transportation of passengers or articles of commerce by land or

water.

§ 8. Packages to be marked. Every package containing explosives or other dangerous articles when presented to a compersede the provi shipment shall have plainly marked on the oute delivery, storing and tents thereof, and it shall be unlawful for

transportation to any common carrier

or water, or to cause to be delivang in this act contained shall regu

explosives from a point within this

other dangerous article, under any false or descriptive marking, description, invoice, shipping order or other declaration, or without informing the agent of such carrier of the true character thereof, at, or before the time such delivery or carriage is made.

§ 9. Penalty for violating. Any person who willfully violates or causes to be violated any of the foregoing provisions of sections 5, 6, 7 and 8 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished for each offense by fine not exceeding two thousand dollars, or by imprisonment not exceeding eighteen months, or by both such fine and imprisonment in the discretion of the court.

§ 10. Record of sales. Statement from purchaser. Not applicable to carrier. Penalty. Every person selling, giving away, or delivering explosives within this state, shall keep at all times an accurate journal or book of record, in which must be entered from time to time, as it is made, each and every sale, delivery, gift, or other disposition made by such person in the course of business, or otherwise, of any quantity of such explosive substance. Such journal or record book must show in a legible handwriting, to be entered therein at the time, a complete history of each transaction, stating name and quantity of explosives sold, delivered, given away, or otherwise disposed of; name, place of residence, and business of the purchaser or transferee, name of individual to whom delivered, with his or her address. Such journal or record book must be kept by the person so selling, delivering or otherwise disposing of such explosives, in his or their principal office or place of business, at all times subject to the inspection and exami-. nation of the police authorities of the state, county or municipality where same is situated, on proper demand therefor.

Statement from purchaser. In addition to keeping the record above provided, it shall be unlawful for any person to sell, give away or deliver any explosives within this state, without taking from the person to whom such explosives are sold, given away or delivered within this state, a statement in writing, showing the name and address of the person to whom such explosives are sold, given away or delivered, and the place where and the purpose for which such explosives are intended for use, which statement shall be signed by the person to whom such explosives are sold, given away or delivered, or his agent, and be witnessed by two witnesses, known to the person selling, giving away or delivering such explosives, to be residents of the county where such explosives, as shown by such statement, are intended for use, who shall certify that the person to whom such explosives are to be sold, given away or delivered is personally known to each of said witnesses, and that to the best of his knowledge and belief, the explosives are required by such person for the uses and purposes set forth in the statement, which said statement shall at all times be kept on file in the principal office or place of business of the person so selling, giving the state, covering such explosives, subject to the inspection of the situated, on proper dehf state, county or municipality where the same keep such book, or to maand made therefor;

the transaction, as herein provrovided, that nothing in this section peace officers or other police authoery of explosives to any person or a misdemeanor, and punished accor

04

carrier for the purpose of being transported from a place within this state to any other place within this state, and, provided further, that nothing in this section contained shall apply to interstate commerce. Penalty. Every person selling, giving away or delivering any explosives without complying with all the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars, and not more than two thousand dollars, or by imprisonment of not less than six months, or by both such fine and imprisonment in the discretion of the court.

In addition to such imprisonment and as cumulative penalty such person so offending shall forfeit for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, and the party instituting the action for such forfeiture shall not be entitled to dismiss same, without the consent of the court before which the suit has been instituted; nor shall any judgment recovered be set aside, satisfied or discharged save by order of such court, after full payment into court, and all moneys so collected must be paid to the party bringing suit.

§ 11. p. 698.]

Explosives in mines. [Repealed May 18, 1917; Stats. 1917,

§ 12. Entering explosives factory. No person, except a peace officer or a person authorized so to do by the owner thereof, or his agent, shall enter any explosive manufacturing plant, magazine or car containing explosives in this state, and any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceed

ing one

thousand dollars or by imprisonment not exceeding three

months, or by both such fine and imprisonment.

any

§ 13. charge Discharging firearms near magazine. No person shall disfirearms within five hundred feet of any magazine or of any explosive manufacturing plant, and any person willfully violating any of the provisions of this section shall be deemed guilty of a misdemeanor and fined not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment. §14. Carrying explosives on person. No person shall willfully carry any explosive on his person within this state in any car, vessel or vehiIdle that carries passengers for hire, or place or carry any explosive while on board any such car, vessel or vehicle, in any hand baggage, roll

or container,

with

any

or place any explosive in any baggage thereafter checked common carrier, and any person violating any of the provi

sions of this section shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary not exceeding two years.

carrier

§15. Municipal ordinance. Nothing in this act contained shall prevent the operation of, or modify, alter, set aside or

sions of any municipal ordinance respecting side thereof, the conhandling of explosives.

§ 16.

any person to deliver for engaged in commerce by land

Interstate shipment. Nothred or to carry any explosive or

late or apply to any shipment of

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