ILLINOIS.

It is a public nuisance

6. To carry on the business of manufacturing gunpowder, nitroglycerin, or other highly explosive substances, or mixing or grinding the materials therefor, in any building within twenty rods of any valuable building erected at the time such business may be commenced.

7. To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within fifty rods of any occupied dwelling house.

Cities and towns have power:

IOWA, 1900.

SEC. 713. They shall have power to provide for the inspection of steam boilers, and all places used for the storage of explosives or inflammable substances or materials, and to prescribe the necessary means and regulations to secure the public against accidents and injuries therefrom, and to assess the costs and expenses of such proceedings against the property and owners thereof, in the manner provided for special assessments.

SEC. 714. They shall have power to regulate the transportation and keeping of gunpowder, inflammable oils, or other combustibles, and to provide or license magazines for storing the same, and to prohibit their location or maintenance within a given distance of the corporate limits of such cities or towns. (Code of Iowa of 1897.)

INDIANA.

SEC. 2304 (E. S. 1246) Limits-Precautions. 2-It shall be unlawful for any person, firm, or corporation to engage in the manufacture of dynamite or other nitroexplosive compound within one hundred and sixty rods of any occupied dwelling or public building, and it shall also be unlawful for any person, firm, or corporation to store dynamite or other nitro-explosive compound in any quantity exceeding one hundred pounds within the limits of any municipal corporation, or within forty rods of any occupied dwelling or public building, without having first obtained in writing the consent of all adjacent landowners, or to transport or carry the same in any package not having written or printed on two sides thereof, in plain and distinct letters, the words, "dynamite" and "dangerous," or in any railroad car or water craft without having the package containing the same marked as above; and anyone convicted of the violation of the provisions of this section shall be fined in any sum not less than one hundred nor more than five hundred dollars, or imprisoned in the county jail not less than three months nor more than one year, or both, at the discretion of the court or jury trying the cause.

KANSAS, 1901.

There appear to be no provisions in the laws of Kansas covering the question of transportation and storage of explosives.

KENTUCKY, 1900.

steamboat company,

It shall be

SEC. 788. No railroad corporation, street railway company, or other association, copartnership, person or persons engaged in the transportation of passengers within this Commonwealth shall knowingly transport between persons or places within the territorial limits of this Commonwealth, or transport into such limits for sale, storage, or use therein, any explosive compound in quantities exceeding the amounts hereinafter provided for, in any vehicle containing passengers, or in any vehicle attached to any railroad train or vehicle carrying passengers, or in any case unless the said explosive compounds be plainly and legibly marked with the names of such compounds and the words "explosive"-"dangerous." the duty of the board of railroad commissioners from time to time to make rules fixing the maximum amounts of various explosive compounds which may be so carried in any public vehicle, or on a railroad train conveying passengers, or in a vehicle attached to such train, or in any car or public vehicle, whether freight or passenger; and said rules subscribed by said railroad commissioners shall be published for the period of four weeks in a daily paper published in Louisville, Lexington, Paducah, and Covington each, and a copy of said rules certified by either member of said board, and a like certificate of the fact of their due publication shall in all cases be legal and conclusive proof of said rules and of the proper publication thereof.

SEC. 789. For violation, a penalty is provided of a fine of not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail not less than ten nor more than one hundred days, or both such fine and imprisonment.

SEC. 1374. That it shall be unlawful for any person to sell, loan, or give any dynamite, or caps therefor, within this Commonwealth, without keeping a register of the amount sold, to whom sold, the date of sale and for what purpose to be used. Any person violating any of the provisions of this section shall be fined in the sum of not less than twenty-five nor more than one hundred dollars for each offense. (Kentucky Statutes of 1894, by Barbour & Carroll.)

LOUISIANA, 1900.

SEC. 949. When gunpowder is shipped on board of a steamboat it shall be stored away at as great a distance as possible from the furnace and a written notification of the fact shall be placed in three conspicuous places on the boat; and in the event of such notification not being so exhibited, then for any loss of property or life, for which the powder may be deemed the cause, the owner and captain shall be liable to the penalty provided in the preceding section.

SEC. 950. Any person who shall ship or put on board, or cause to be shipped or put on board of any steamboat within this State, any gunpowder, without giving notice thereof, at the time of making the shipment, to the master or clerk of said boat, shall be liable to a penalty of two hundred dollars which may be sued for and recovered by the owner, captain, or clerk of said boat, for his own use and benefit; and in case of any loss of property in consequence of gunpowder being on board of said boat, the shipper that shall have failed to give due notice as herein required shall be liable therefor, or for any injury done to any person or to his family; and in the case of loss of life, the person who shall have shipped the same without giving due notice thereof shall, on conviction, be adjudged guilty of manslaughter. (Revised Laws of Louisiana, 1896 (S. Wolff).)

MAINE, 1901.

In every town the municipal officers may make regulations in conformity to which shall be kept in the town, or transported from place to place, all gunpowder, etc. And no person shall keep any such article in any other quantity or manner than is prescribed, etc. Penalty, a fine of not less than twenty dollars nor more than one hundred dollars for each offense. All such articles may be seized, libelled, and sold, etc. (Revised Statutes of 1884, Sec. 20, Ch. 26, p. 296.)

MARYLAND, 1900.

There seems to be no provision in the laws of Maryland regulating storage and transportation of explosives.

MASSACHUSETTS, 1902.

Gunpowder manufactured in this Commonwealth shall be put in strong, tight casks, containing twenty-five, fifty, or one hundred pounds, or not more than five hundred pounds in copper, brass, or tin canisters, and closely covered.

Each cask containing gunpowder manufactured within this Commonwealth or brought into the same by land or by water and landed shall be marked on the head with black paint, in legible characters, with the word "Gunpowder," the name of the manufacturer, the weight of the cask, and the year in which the powder was manufactured, and each canister of gunpowder shall be marked with the word "Gunpowder." (Ch. 57, Revised Laws of Massachusetts, 1902, secs. 32 and 33.) The city council of a city or town may order that no gunpowder shall be kept within its limits, except when well secured in tight casks or canisters; that not more than fifty pounds of gunpowder shall be kept in any shop, store, or building, or in any ship or vessel which is within twenty-five rods of another building or wharf; not more than twenty-five pounds shall be kept in any store or building if within ten rods of another building, and not more than one pound shall be kept in any store or building within ten rods of another building unless well secured in copper, tin, or brass canisters, holding not more than five pounds each, and closely covered with copper, tin, or brass covers.

The city council may make regulations, etc., as to storage, transportation, and sale of explosives.

Boxes must be labeled "Explosive-dangerous."

Whoever stores more than one pound of explosives, or keeps the same for sale, must at once notify the fire commissioner of Boston, and the chief engineer of the fire department, or fire ward, of any other city, of the amount kept, a description of the building, and the part of the building where kept.

Common carriers may decline to receive and transport explosives.

"Explosives" as used herein, includes gun cotton, nitroglycerine, fulminates and compounds thereof, but not gunpowder. (Laws of Massachusetts, 1902, Ch. 102, secs. 87-105).

MICHIGAN.

SEC. 1. The people of the State of Michigan enact: That no person shall, within this State, manufacture, sell, keep for sale, or offer for sale any high explosive which is not marked, branded, or stamped as in this act provided.

SEC. 2. Every manufacturer of dynamite or other high explosive shall put a brand or mark on each case, distinctly showing the percentage of disruptive force contained in each cartridge in said case, and the name or trade-mark, and the address of such manufacturer.

SEC. 3. No person, by himself, agents, or servants, shall sell, keep for sale, or offer for sale any dynamite or other high explosive not branded or marked as provided in section two of this act.

SEC. 4. Any person who shall falsely brand, mark, or stamp any such explosive, or who shall sell, keep for sale, or offer for sale any high explosives bearing any false brand or mark, shall be deemed guilty of a misdemeanor and be punished as pro

vided in section five of this act.

SEC. 5. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, together with costs of prosecution, or by imprisonment in a common jail of the county where convicted, or in the Detroit House of Correction, not less than sixty nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

SEC. 6. All explosives commonly known as "high explosives" shall be deemed to be within the meaning of this act.

Approved, April 28, 1897.

(Laws of Michigan of 1897, p. 110, No. 101).

MINNESOTA, 1901.

SEC. 1085 (par. 5). The city council has power to "establish rates for and license vendors of gunpowder and regulate the storage, keeping and conveying of gunpowder or other combustible materials."

SEC. 1088. The power conferred upon the common council to provide for the abatement or removal of nuisances, shall not bar or hinder suits, prosecutions, or proceedings in the courts according to law. Depots, houses or buildings of any kind within the limits of said city wherein more than twenty-five pounds of gunpowder * are deposited, stored or kept at any one time * * * are hereby declared and shall be deemed public or common nuisances."

*

*

SEC. 1224 (par. 10). The village council has power to "regulate the storage of gunpowder and other dangerous materials."

SEC. 1299 (par. 5). The village council has power "to regulate the keeping, storage, and conveyance of gunpowder, dynamite or other explosive or combustible material, and to regulate the use thereof in the village."

SEC. 6457. A person who makes or keeps gunpowder or any other explosive substance, within a city or village, in any quantity or manner prohibited by law or by ordinance of the city or village, if any explosion thereof occurs whereby the death of a human being is occasioned, is guilty of manslaughter in the second degree.

а

SEC. 6617. A person who makes or keeps gunpowder, nitroglycerine, or any other explosive or combustible material, within a city or village, or carries such materials through the streets thereof, in a quantity or manner prohibited by law, or by ordinance of the city or village, is guilty of a misdemeanor. And a person who, by the careless, negligent, or unauthorized use or management of gunpowder or other explosive substance, injures or occasions the injury of the person or property of another, is punishable by imprisonment in the county jail for not more than one year. (Statutes of Minnesota, 1894.)

MISSISSIPPI, 1900.

There appear to be no provisions in the laws of Mississippi covering the question of transportation and storage of explosives.

MISSOURI.

SEC. 5281 (Par. XII). Cities, towns, and villages have power "to regulate the storage of gunpowder, giant powder, dynamite, nitroglycerine, and other explosive compounds, and of all combustible and inflammable materials," etc. (See also sec. 5508.)

SEC. 7457. No person, corporation, or joint stock company shall, on and after ten days after this article shall take effect, have, retain, or keep in his possession or under his or its control, nor sell, give away, or in any manner or way dispose of dynamite, giant powder, nitroglycerine or any explosive substance, of which nitroglycerine composes a part, or any other explosive substance, except gunpowder and blasting powder for ordinary purposes, without first obtaining a permit authorizing the same from the clerk of the county court, or mayor of the city of St. Louis, in whichever county or city such applicant may desire to do such business, nor without first making and delivering the affidavit required by the next succeeding section of this article. (Laws of 1893.)

SEC. 7458. Any person, corporation, or joint stock company desiring to continue in or engage in the dealing or sale of any of the articles mentioned in the foregoing section, shall make the following affidavit before some officer authorized to administer oaths, to wit:

"(A B), desiring to deal in (here name the articles or part of them described in the foregoing section), do solemnly swear that I will not use the same unlawfully, nor use it or any part thereof in catching or killing fish, nor permit anyone in my employ so to do, if in my power to prevent it; that I will not sell, give away, or in any way dispose of any of said articles, or part thereof, to any person until he or they shall deliver to me the affidavit required to be made by purchasers as provided for by this article; which affidavit of such purchaser I will file with the clerk of the county court of county (or with the mayor of the city of St. Louis), as required by this article." (Laws 1893, p. 173.)

SEC. 7459. Any person desiring a permit to deal in any of the explosive articles discribed in this article may present to and file with the clerk of the county court of the county in which he desires to do such business, or if he desires to do such business in the city of St. Louis, then to the mayor thereof, an affidavit as required by the foregoing section, whereupon such clerk, or mayor, shall issue a permit to such person, or to his agent for him, in the words or to the effect following: "State of (or city of St. Louis), A. B. of · is hereby permitted to deal in explosives at hand and seal, etc., date, etc."

county of

Missouri, county, Missouri. Witness my

Such mayor or clerk shall keep a book in which shall be recorded a memorandum of all permits granted under this article, and of all affidavits filed with them under the provisions thereof, and shall also carefully preserve all such affidavits, free to the inspection of all citizens of this State: Provided, Such affidavit required of corporations or joint stock companies may be made and filed by any agent or officer thereof. (Laws 1893, p. 173.)

SEC. 7460. Any person, corporation or joint stock company desiring to procure for their own use any of the explosives described in this act, shall make an affidavit and deliver it to any one authorized under this article to deal in such articles, which affidavit shall be in the following form or to the effect following, to wit: "I, desiring to procure from the following explosives, to be used for lawful purposes, do solemnly swear that I will not use them, or any part thereof, for unlawful purposes, nor in catching or killing fish in any of the waters of this State, nor permit them to be so used by others, if in my power to prevent it; that I will not sell or give away any of said articles, or permit any of said explosives to go from under my control to any other person.'

Provided, That such affidavit may be made by any agent of any corporation or joint stock company, or officer thereof, in order to procure for its lawful use any of such articles; and such dealer selling or disposing of such articles shall, within five days, file such affidavit so delivered to him with the county clerk, or the mayor of St. Louis, if the purchase is made in that city. (Laws 1893, p. 173.)

SEC. 7461. Any person, corporation, or joint stock company not having obtained a permit, as required by this article, and all persons, corporations, or joint stock companies not having made and delivered the affidavit required by this article, who shall have in their possession or under their control any of the explosive articles named in this article on or after ten days after this article shall take effect, or who shall fail to file the affidavit required of purchasers of them within five days, as required by this article, shall be deemed guilty of a misdemeanor, and, on conviction, punished by a fine of not less than fifty dollars. (Laws 1893, p. 173.)

SEC. 7462. It shall be the duty of the county clerks and of the mayor of the city of St. Louis to deliver to all persons permits who shall comply with the provisions of this article, and for the preparation of and attestation to affidavits and executing permits may charge and receive twenty-five cents each from the person to whom issued. (Laws 1893, p. 173.)

SEC. 7464. Any person who shall violate any of the provisions of this article, or fail to truthfully observe the provisions and requirements of any affidavit made by him under the provisions of this article, shall, on conviction, be adjudged guilty of a felony, and punished by imprisonment in the penitentiary for a term not exceeding two years, or by imprisonment in the county jail not less than thirty days, or by fine not less than one hundred dollars, or by both such fine and imprisonment. (Laws, 1893, p. 173.)

SEC. 7465. Provides that one-half of the fines collected upon conviction shall be paid to the informer and the other half to the county-school fund.

MISSOURI (proposed bill).

It shall be unlawful for any person, firm, corporation, or association to manufacture dynamite, nitroglycerine, blasting powder, gunpowder, or any other explosive compound, within one hundred and sixty rods of any occupied dwelling or public building.

It shall be unlawful for any person, firm, corporation, or association to store, keep, or have on hand any of said dynamite, nitroglycerine, blasting powder, gunpowder, or any other explosive compound, in any quantity exceeding one hundred pounds within the limits of any municipal corporation or within forty rods of any occupied dwelling or public building without first having obtained in writing the consent of the occupants of all dwellings within forty rods of said magazine or storage room.

Any person violating the provisions of this section shall be fined the sum of not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail not less than three months nor more than one year, or both such fine and imprisonment at the discretion of the court trying the cause; and each succeeding day on which such violation shall be continued shall constitute a separate and distinct offense, and be subject to a like fine and imprisonment, which said fine and imprisonment shall be cumulative, and one action may be maintained to recover one or more such fines or enforce one or more of such penalties or imprisonment before any court of competent jurisdiction.

MONTANA, 1901.

SEC. 707. That every person, company or corporation, manufacturing, storing, selling, transferring, dealing in, or in any manner disposing of any powder, gunpowder, giant or Hercules powder, giant caps, or other highly explosive substances, shall keep in a book for that purpose an accurate record of all transactions, with the date thereof, relating to the receiving or disposing of the same, which record shall show the amount of each such explosive received, of whom received, by whom transported or conveyed and each and every sale or other disposition made of such explosive, with the amount thereof and the name of the person to whom delivery of the same was made, who shall be required to receipt therefor. Such record shall, at all times, be open to the inspection of the State inspector of mines, or any peace officer. (Act approved Mar. 15, 1895.)

SEC. 708. No person, company, or corporation, shall store, deposit, or keep in any mine, a greater quantity than three thousand pounds of blasting powder, giant or Hercules powder, or other highly explosive substance; and no explosives named in this section shall be stored, deposited, or kept in any place where its accidental explosion would cut off the escape of miners working in said mine.

SEC. 709. No person, company, or corporation shall store, deposit, or keep within one mile of the limits of any city, town or village, any powder, gunpowder, giant or Hercules powder or other highly explosive substance, in greater quantities than one hundred pounds, or more than one thousand giant caps, at any one time, nor shall such explosives be stored, deposited or kept in any quantities whatever, within one mile of such city, town or village, except in a magazine constructed as hereinafter described: Provided, That this section shall not be construed to prevent any person, company or corporation, operating a mine within one mile of the limits of such city, town or village, from storing powder for use in such mine in the manner prescribed in sections 708 and 710 of this act: Provided also, That this section shall not prevent the keeping of a reasonable amount of gunpowder, not exceeding fifty pounds, in a safe place for sale.