gerous nature thereof is expressly given to the agent, servant, or person to whom it is delivered, or to the agent, servant, or person having at the time the management and control of the car, boat, or other vehicle in or upon which the same is to be carried or transported. And any common carrier may decline to receive to transport any such explosive compound in any manner whatever.

SEC. 2152. Penalty is provided for of not less than fifty nor more than five thousand dollars' fine, or imprisonment in State prison not exceeding five years.

SEC. 2153. Upon complaint being made under oath to a magistrate, search warrant may be issued for the purpose of discovering whether this law is being violated, etc. SEC. 2154. Explosives kept in violation of this chapter may be seized and adjudged forfeited.

SEC. 2155. Persons injured by explosives kept or transported contrary to the provisions herein may recover of guilty parties.

SEC. 2156. By the words "explosive compound" as used in this chapter shall be understood gun cotton, nitro-glycerine, or any other compound of the same, any fulminate or generally any substance intended to be used by exploding or igniting the same to produce a force to propel missiles or to rend apart substances, except gunpowder. (Code of Laws of South Carolina of 1902.)

SOUTH DAKOTA,

SEC. 6460. 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. 6635. Every person who makes or keeps gunpowder or saltpeter within any city or village, and every person who carries gunpowder through 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. (Compiled Laws of Dakota, 1887.) The session laws since that date are not in the library.

TENNESSEE.

SEC. 3009 (1694) (2269). No person shall, within the limits of any incorporated city or town, keep on hand at any one time, either for sale or for his own use, more than fifty pounds of gunpowder, gun cotton, or any other explosive material.

Section 3010 provides that in case of violation the penalty is a fine of not less than $100, and the guilty parties are liable to respond in damages to any person injured. SEC. 3011. The corporate authorities of every city and incorporated town in this State may designate some suitable place at such distance from the limits of the corporation as may be deemed safe to build magazines for the storage and safe-keeping of gunpowder or other explosive materials, which order shall be entered in the corporation records.

SEC. 3012. They may also prescribe the rules, regulations, and restrictions under which explosive materials shall be kept stored, and the mode in which the magazines or storehouses shall be constructed, so as, in their opinion, best to secure the community from danger.

It is a public nuisance:

SEC. 6869 (par. 5). To carry on the business of manufacturing gunpowder, or of mixing or grinding the materials therefor, in any building within 80 rods of any valuable building erected at the time such business may be commenced.

Paragraph 6. To establish powder magazines near incorporated towns at a point different from that appointed according to law by the corporate authorities of the town. (Code of Tennesse of 1898 (by R. T. Shannon).)

Nuisance per se-when:

A powder house located in a populous part of a city, and containing stored therein large quantities of gunpowder, is per se a nuisance. So held before this statute. (1 Swan, 214.)

The city council has power

TEXAS, 1901.

ART. 529. To direct, control, or prohibit the keeping and management of any houses or any buildings for the storing of gunpowder and other combustible, explosive, or dangerous materials within the city; to regulate the keeping and conveying of the same. (Sayles's Texas Civil Statutes, 1897.)

REVISED STATUTES, UTAH, 1898.

SEC. 4280. Keeping explosives in city, etc.:

Every person who makes or keeps gunpowder, nitroglycerin, or other highly explosive substance within any city, town, or village, or who carries the same through the streets thereof, in any quantity or manner such as is prohibited by law or by any ordnance of such city or town, is guilty of a misdemeanor.

VERMONT, 1900.

"Any person who keeps, or suffers to be kept, upon premises owned or occupied by him, within fifty rods of an inhabited building of another person, more than fifty pounds of gunpowder or nitroglycerine at one time, or more than one pound, unless contained in sound canisters of tin, or other metal, or a package containing more than fifty pounds of dynamite, shall forfeit twenty-five dollars to the town, and shall also forfeit twenty-five dollars for each day that it is so kept after notice from an inhabitant of such town to remove the same, to be recovered in an action on the case in the name of the town." (Revised Laws of Vermont, 1894, sec. 5149.)

VIRGINIA, 1901-2.

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

CODES AND STATUTES, WASHINGTON, 1897.

SEC. 3085. Public nuisances enumerated. It is a public nuisance—

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

6. To establish powder magazines near incorporated cities and towns at a point different from that appointed by the corporate authorities of such city or town; or within fifty rods of any occupied dwelling house.

WEST VIRGINIA, 1901.

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

WISCONSIN STATUTES, 1898.

SEC. 1805. Explosives not to be carried.

No railroad corporation shall transport or carry any gunpowder, dynamite, nitroglycerin, or like explosive articles in any baggage, mail, express, or passenger car; and for every violation thereof, by any officer or agent of such corporation, shall forfeit not less than two hundred nor more than one thousand dollars.

SEC. 4393. Locking cars; dangerous_articles.

Any officer, agent, conductor, or other employee or any railroad company operating within this State, who shall willfully run or cause to be run, any railroad train or engine faster than at the rate of six miles per hour, while passing over the traveled streets of any city or village, or until all such streets have been passed by such train or engine, or who shall lock or cause to be locked the doors of any passenger car occupied by any passenger at any time, or who shall use or authorize the use of any kerosene oil or other dangerous explosive burning fluid in lighting any passenger car, or who shall knowingly carry or cause or permit to be carried or transported on any baggage, mail, express or passenger car any powder, dynamite or other dangerously explosive substance, and any person who shall, secretly or surreptitiously, or by concealment or misrepresentation, ship or cause to be shipped upon any railroad train or car any powder, dynamite or other dangerously explosive substance without the knowledge of the proper officer, agent, conductor or employee in charge of such train, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one thousand dollars.

SEC. 4398a. Sale, transportation, etc., of explosives for unlawful purposes. Any person who shall make, manufacture, compound, buy, sell, give away, offer for sale or to give away, transport, or have in possession any nitroglycerin; giant,

oriental, or thunderbolt powder; dynamite, ballistile, fulgarite, detonite, or any other explosive compound, with intent that the same shall be used in this State or anywhere else for the injury or destruction of public or private property, or the assassination, murder, injury, or destruction of any person or persons, either within this State or elsewhere, or knowing that such explosive compounds are intended to be used by any person or persons for any such purpose, shall be punished by imprisonment in the State prison not more than ten years nor less than three years, or by fine not exceeding one thousand dollars nor less than five hundred dollars.

WYOMING, 1901.

SEC. 1950. It shall be unlawful for any person or company to store any gunpowder or any other explosive material at a less distance than one thousand feet from any house or habitation, when more than fifty pounds are stored at the same place, except with the sanction of the board of county commissioners of the county in which said storage place may be located; but it shall be unlawful to place or to keep more than five pounds of such powder, or other explosive material, in any house or building occupied as a residence, or in any outbuilding pertaining thereto.

SEC. 1951. Hereafter any powder magazine that may be built shall be so constructed as to provide and maintain the storage room thereof entirely below the natural surface of the ground adjacent, and it shall be unlawful to store such powder or explosives in any other than such storage room.

SEC. 1952. Anyone violating the provisions of section 1950 shall be, on conviction, fined in a sum not exceeding one hundred dollars for each and every offense, and may be imprisoned not exceeding thirty days, or both fine and imprisonment, in the discretion of the court having jurisdiction. Any violation of the provisions of the preceding section shall be a public nuisance, and shall be abated at the suit of any person in any court of competent jurisdiction. ( (Revised Statutes of Wyoming, 1887.)