SEC. 710. It shall be unlawful to store, deposit or keep any powder, gunpowder, giant or Hercules powder, giant caps or other highly explosive substance, in amounts exceeding one hundred pounds, elsewhere than in store houses or magazines constructed as follows:

The walls of such storehouses and magazines shall be constructed entirely of stone or brick. There shall be no openings in such magazine except necessary ventilation, and one entrance not exceeding thirty inches in width. There shall be two doors to such entrance; an outer door opening outward and an inner door opening inward. The said door shall be of plank, not less than two inches in thickness, and both doors shall be entirely covered with one-eighth inch iron, and shall be hinged upon two or more iron hooks, securely anchored in the walls of such magazine. Both said doors shall be kept securely locked at all times when powder is stored therein, except when it is necessary to store therein or remove therefrom, such powder or other explosives. Such storage room or magazine shall be well and securely roofed with fire-proof and bullet-proof material. Such magazine shall not be constructed within less than one-quarter of a mile of any human habitation, except by the permission of the county commissioners, nor shall any magazine constructed within one mile of the limits of any city, town or village, be constructed within one hundred feet of any building owned by any other person.

SEC. 711. Every storehouse or magazine constructed as provided in the foregoing section, in which shall be stored, deposited or kept, any powder, gunpowder, giant or Hercules powder, giant caps, or other highly explosive substance, shall, at all times, have posted above the entrance thereof, a signboard on which shall be painted, in conspicuous letters, not less than four inches in length, the words "ExplosivesDangerous."

Every dray, wagon, freight car, or other vehicle in which shall be transported, transferred, or delivered any of the said explosives, shall bear on each side thereof a similar sign with conspicuous letters not less than two inches in length.

SEC. 712 (as amended see session laws of 1897, p. 246, approved Mar. 6, 1897). It shall be unlawful to knowingly transport or deliver, or cause to be delivered, giant or Hercules powder, giant caps, nitroglycerin, nitroleum, blasting or nitrated oil, or powder mixed therewith, or fiber saturated therewith, or any other highly explosive substance in any quantities whatever, on any vessel or vehicle whatever carrying passengers by land or water, between any points within the State of Montana: Provided, That on mixed trains intended for service on railroad lines leading to mining localities or camps the aforesaid explosive substances, or any of them, may be lawfully carried by hanging a placard on each side of the car or cars carrying the explosives, reading thus: "This car is loaded with powder," each letter of said placard to be at least two inches long; but this proviso shall not permit the carrying of any of said explosive substances in the same car or coach in which the passengers are carried. SEC. 713. By this section the reckless handling of explosives and the intimidation of others thereby is made a misdemeanor.

SEC. 714. Any person or association of persons violating any of the provisions of this act shall be punished by imprisonment in the penitentiary not exceeding five years or by fine not exceeding five thousand dollars, or by both such fine and imprisonment.

SEC. 715. When death of any person is caused by the explosion of any powder, gunpowder, giant or Hercules powder, giant caps, or other highly explosive substance that has been stored, kept, handled, or transferred contrary to the provisions of the foregoing section, the person or persons who have so unlawfully stored, kept, handled, or transferred such explosives, or who may have, knowingly or negligently, permitted their agents, servants, or employees to so unlawfully store, keep, handle, or transport the same, shall be guilty of manslaughter and, on conviction, shall be punished by imprisonment in the State penitentiary for a period not exceeding ten years.

SEC. 716. No person or persons shall store or keep in any store, warehouse, or any other building within the limits of any unincorporated town or village, more than five thousand giant caps at any one time, or any coal oil, kerosene, or petroleum exceeding sixty gallons, other than in original packages within the limits of said unincorporated town or village, or shall sell, land, barter, or dispose of, deliver, or receive the same, or any or either of the said articles or materials, in the section herein enumerated, after dark, by the aid of any lamp, lantern, candle, match, or other artificial light except electric light. (Montana Codes, 1895, vol. 4.)

NEBRASKA.

Metropolitan cities (having population of 80,000 or more), have power— (783) SEC. 48. To regulate or prohibit the transportation and keeping of gunpowder, oils, and other combustible and explosive articles (p. 141).

Cities of second class and villages have power

(1341) XVIII. To regulate and prevent storage of gunpowder, nitroglycerin, or any of the productions thereof, and other material (p. 278).

(2277) SEC. 5. The board of county commissioners of each organized county shall have the power to abate or remove any depot of nitroglycerin, explosive oils, gunpowder, or other dangerous explosive or imflammable material which is so deposited or situated that if ignited it would, in their opinion, injure the life or buildings or property of any person, and to cause, by the order of said board, that the owner or owners of such material remove the same, and in case the owner or owners of such material, or the person or persons having charge of the same, do not remove the same to some place designated or agreed to by said board, within ten days after personal service of such notice to remove the same, each and every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars nor less than twenty-five dollars. (P. 452, Compiled Statutes of Nebraska, 1897.)

SEC. 2327 (235). It shall be unlawful to transport or carry the substance or material generally known and called nitroglycerin, into, out of, within, through, or across this State, except as herein provided. Every wagon, cart, or other vehicle used in carrying nitroglycerin shall have printed upon both sides and ends thereof, in plain and distinct letters large enough to occupy a space of two inches wide by eighteen inches long, the words "Nitroglycerin Dangerous"; and every package, can, cask, barrel, or box containing nitroglycerin shall have written or printed thereon upon two sides thereof, in plain and distinct letters, the words "Nitroglycerin' "Dangerous."

SEC. 2328 (236). Provides that these substances may not be carried with passengers. SEC. 2329 (237). It shall be unlawful for any person or persons to manufacture nitroglycerin within this State within a distance of one hundred and sixty rods of any occupied dwelling or public building, or to store the same in any quantity exceeding one hundred pounds within the limits of any city or incorporated village, or in any other place within one hundred and sixty rods of any occupied dwelling or public building.

SEC. 2330 (238). For violation, a penalty is provided of a fine not exceeding one thousand dollars or imprisonment in the county jail for not more than three months, or both. (Annotated Code of Nebraska, 1901 (Cobbey).)

COMPILED LAWS OF NEVADA, YEARS 1861 To 1900.

Dynamite machine unlawful. 4974, section 1:

It shall be unlawful for any person or persons to manufacture or procure any dynamite machine or device or other device for the destruction of life or property, or to have either of the same in his or their possession any such dynamite machine, device, or other device, with intent to use the same, or to use or attempt to use the same for the destruction of life or property, or shall by the use of either destroy life or property.

Penalty. 4975, section 2:

Any violation of section one shall be a felony, and on due conviction thereof, except for the taking of life, shall be a felony and be punished by imprisonment in the state prison for a period of not less than ten years, nor more than twenty-five years, and in case of taking life, the offense shall be murder in the first degree, and the penalty shall be death, as now provided by law.

NEW HAMPSHIRE.

Cities have power to regulate the keeping, conveying, and places of deposit of gunpowder and other combustibles, etc.

Page 193, Revised Statutes of 1901.

The board of fire wards or selectmen of a town may establish rules and regulations relative to the times and places at which gunpowder may be brought to or carried from said town, by land or water, and the time and manner in which it may be transported through the town.

May search any building in the compact part of town, or vessel lying at port, in which they have reason to suspect that more than twenty-five pounds are stored, and if more than that quantity is found, shall seize the same as forfeited.

Penalty for anyone keeping more than twenty-five pounds, or failing to inform if having knowledge thereof, five dollars per day.

Powder for retail shall be kept in tin or other metal canister; penalty for failure to comply, five dollars per day.

Powder shall not be transported through compact part of town in more than one hundred pound lots, nor unless casks are enveloped in close leathern bags or in closely covered carriage. Penalty for failure to comply, fifty dollars.

No carriage containing more than twenty-five pounds shall stand in any building or near any store, etc., in the compact part of town. Penalty, fifty dollars. There is a provision against peddling powder; also against sale of the same between sunset and sunrise.

The master of any merchant vessel bringing more than twenty-five pounds into port, shall deposit in public magazine, if any is provided, all such powder within forty-eight hours. Penalty for failure to comply, one hundred and fifty dollars.

"No person shall transport, or have in his possession for the purpose of transporting, in any public conveyance, nor shall any person leave, deposit or have in his possession, in any dwelling house, shop or manufactory, dynamite, giant powder, nitroglycerin or any explosive compound of which nitroglycerin forms a part. Penalty, a fine of not more than five hundred dollars. (Revised Laws New Hampshire of 1901, sec. 11, ch. 117, p. 366.)

NEW JERSEY.

The laws of 1886, page 358, provide as follows:

"That no person or persons or corporation shall, after the passage of this act, be permitted within this State to erect, have or maintain or cause to be erected, had or maintained any establishment, storehouse or building in which shall be manufactured, stored, or kept any gunpowder, blasting powder, dualin, dynamite Forcite, giant powder, nitroglycerin or any powder or materials of which nitroglycerin is an essential ingredient or forms a component part, or any other explosive within the distance of one thousand feet from any public road, and every person or corporation offending against the provision of this act shall be guilty of a misdemeanor and on conviction thereof shall be liable to a fine not exceeding two thousand dollars, provided, however, that nothing in this act shall be construed as to prevent any person or persons from storing in fireproof magazines any quantity of gunpowder or blasting powder not exceeding in quantity two thousand pounds, within the said distance of one thousand feet of a public road, and provided further that the prohibition in this act contained shall not apply to any establishment, storehouse, or building heretofore erected and used for the manufacturing, storing, or keeping of any of the said explosive substances."

The laws March 21, 1874, page 59, contain the following provision:

"That no person or persons or company shall be permitted within this State to erect, have, or maintain, or cause to be erected, had or maintained, any establishment, building or manufactory which shall be actually employed in manufacturing or storing nitroglycerin or any powder or material of which nitroglycerin is an essential ingredient, or forms a component part, within the distance of a quarter of a mile from any town, city, village, or house of public worship; or within the distance of a quarter of a mile from any inhabited house without the consent in writing of the occupant or occupants of such inhabited house as aforesaid. A violation of the above is a misdemeanor punishable by a fine not exceeding two thousand dollars."

By a subsequent act, the above provisions are extended so as to include nitronaphthaline, blasting powder, or any material of which nitronaphthaline is an essential ingredient or forms a component part.

Act of 1811 provides:

"That no factory actually employed in manufacturing gunpowder shall be allowed within the distance of a quarter of a mile from any town or village or house of public worship, or within the distance of a quarter of a mile from any dwelling house, barn, or outhouse without the consent, under hand and seal, of all and every owner or owners of such dwelling house, barn, or outhouse: Provided, That nothing in this section shall be construed so as to prevent the completing, rebuilding, or repairing any powder mill now erected or erecting in this State on which the same shall be now erected or erecting.

"2. That no person or persons shall be permitted to erect, or cause to be erected, any powder magazine within this State, and actually deposit gunpowder therein, within the distance of half a mile from any town or village, house of public worship, dwelling house, or outhouse."

The above was subsequently modified so as to permit the storage of one hundred kegs of gunpowder of twenty-five pounds each in a fireproof magazine.

NEW MEXICO, 1901.

There appear to be no provision, in the laws of New Mexico covering the question of transportation and storage of explosives.

NEW YORK, 1899.

SEC. 201. 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.

SEC. 389. A person who makes or keeps gunpowder, nitroglycerin, 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 for not more than two years. Any person or persons who shall knowingly present, attempt to present, or cause to be presented or offered for shipment to any railroad, steamboat, steamship, express, or other company engaged as common carrier of passengers or freight, dynamite, nitroglycerin, powder, or other explosives, dangerous to life or limb, without revealing the true nature of said explosives or substance so offered, or attempted to be offered to the company or carrier to which it shall be presented, shall be guilty of a felony, and, upon conviction, shall be fined in any sum not exceeding one thousand dollars, and not less than three hundred dollars, or imprisonment in a State prison for not less than one nor more than five years, or be subject to both such fine and imprisonment. (Silvernail's Penal Code of New York, annotated, 1899.)

NORTH CAROLINA, 1901.

It shall be unlawful for any dealer or other person to sell or keep for sale any dynamite cartridges, bombs, or other combustibles of a like kind, without first having obtained from the board of commissioners of the county where such person or dealer resides, a license for that purpose, for which he shall pay to the register of deeds for issuing the same, a fee of twenty-five cents.

Dealer is required to keep a record of the party to whom sale is made, and for what purpose desired to be used. (Ch. 364, Laws of North Carolina, 1887.)

NORTH DAKOTA, 1901.

Every person who makes or keeps gunpowder, saltpeter, gun cotton, nitroglycerin, or dynamite, or any compound of the same, or any fulminate or substance which is intended to be used by exploding or igniting the same in order to produce a force to propel missiles, or to rend apart substances, within any city, town or village, and any person who carries any of such explosives through the streets thereof, in any quantity or manner prohibited by law or by any ordinance, by-law or regulation of said city, town, or village, is guilty of a misdemeanor. (Sec. 7290, Revised Laws of North Dakota, 1895.)

OKLAHOMA, 1901.

SEC. 2096. Every person guilty of making or keeping gunpowder or saltpeter within any city or village in any quantity or manner such as is prohibited by law or by any ordinance of said city or village, in consequence whereof any explosion occurs whereby any human being is killed, is guilty of manslaughter in the second degree. SEC. 2252. Every person who makes or keeps gunpowder or saltpeter within any city or village, and every person who carries gunpowder through the streets thereof, in any quantity or manner such as is prohibited by law or by any ordinance of such city or village, is guilty of a misdemeanor. (Statutes of Oklahoma of 1893.)

OHIO.

SEC. 1. That section 6953, passed May 1, 1871, be so amended to read as follows: SEC. 6953. It shall be unlawful for any person, firm, or corporation to manufacture the substance or material known as nitro-glycerine, or any compound thereof, or to store the same in quantities exceeding one hundred pounds, within the limits of any municipal corporation, or within eighty rods of any occupied dwelling or public building, or without giving bond as hereinafter provided to pay any damage caused by the explosion of said substance.

Within thirty days after the passage of this act any and all persons, firms, or corporations heretofore engaged in the manufacture or storage of said substance in any county in this State, and all persons, firms, or corporations hereafter engaging in such manufacture or storage, shall give bond in the sum of five thousand dollars, with good and sufficient surety, to the county commissioners such of county, with such surety or sureties as shall be approved by such county commissioners, conditioned for the payment of all damages that may be caused to persons or property by any explosion of any of said substance, by reason of any negligence of any person, firm, or corporation, their servants or agents, so manufacturing or storing said substance.

RHODE ISLAND, 1901.

SEC. 47. Every person who shall knowingly deliver or cause to be delivered to any person or carrier any box, can, or other package of nitro-glycerine, gunpowder naphtha, or other equally explosive material, not marked with a plain and legible label describing its contents, or who shall remove, or cause to be removed, any such label or mark, shall be fined not more than ten thousand dollars or imprisoned not more than five years. (General Laws of Rhode Island of 1896, p. 990.)

SEC. 1. Town councils and city councils may, from time to time, make and ordain all ordinances and regulations for their respective towns, not repugnant to law, which they may deem necessary for the safety of their inhabitants from the manufacture, storage, keeping, having in possession, transportation, sale, or use of gunpowder, gun cotton, dynamite, nitro-glycerine, nitro-gelatine, lyddite, chlorate of potash, picric acid, sodium, calcium, carbide, acetylene gas, gasoline gas, and any and all other explosives and explosive chemicals; and may prohibit the manufacture, storage, keeping, having in possession, transportation, sale, or use of any and all by any and all person or persons of any or all said substances and gases in their respective towns, unless a license for the same shall be first obtained from the town council or board of aldermen, which license shall be for the term of one year from the date thereof, unless sooner revoked by order of said town council or board of aldermen. Any person violating any provision of any such ordinance or regulation or any such prohibition shall be fined not less than twenty dollars nor more than one hundred dollars for each such offense. (Session laws of Rhode Island, Jan., 1902, p. 67.)

SOUTH CAROLINA.

SEC. 2150. No railroad corporation or other association, copartnership, person, or persons engaged in the transportation of passengers within this State shall knowingly transport within the territorial limits of this State 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 conveying passengers, nor in any case unless said explosive compounds be plainly and legibly marked with the names of such compounds and the words "Explosive-dangerous." It shall be the duty of the 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 in a railroad train containing passengers, or in a vehicle attached to such train. The said rules shall also define the method of packing such compounds to insure the greatest safety, and shall prescribe how the same shall be carried as freight on railroads, steamboats, and by common carriers.

SEC. 2151. No person shall deliver for transportation to any railroad corporation, street-railway company, or other association, copartnership, persons, or person engaged in the transportation of passengers within this State, or take or place upon or in any car, boat, or other vehicle of any such corporation, company, association, copartnership, or person, with intent that the same shall be carried or transported in such car, boat, or other vehicle any explosive compound mentioned in this chapter, unless the same is packed and marked as herein provided and notice of the dan