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Ch. 177)

Canvass of Vote


counted, canvassed, and returned in the manner now provided by law for the votes of electors present in electors' meeting at the time of voting, and said ballot of any such soldier so taken, cast, and counted shall be the legal ballot of said soldier as if he had personally appeared in the electors' meeting in the city, town, village or voting precinct in which he was a registered elector and had then and there cast said ballot or registered his vote. If any elector shall vote under the provisions of this act for any candidate for office for which he is not entitled to vote in the manner herein provided, said ballot shall not thereby be rendered void as to any candidate for office for whom said soldier is entitled to so vote, but shall be counted for the candidate or candidates for whom he is entitled to so vote and for whom he votes. In case any provision of this act shall be held by the courts to be unconstitutional as to any vote given and received thereunder for any candidate or candidates and such vote be held therefor to be invalid, such unconstitutionality and invalidity shall not affect the validity of any vote given and received as to any other candidate voted for under the provisions of this act. Said soldiers' ballots shall, in each city, village, town, ward or voting precinct, be counted separately from the other ballots cast or votes registered therein, and on all tally sheets, counters, certificates, and returns of ballots or votes pertaining to said election the number of votes received by each candidate of said soldiers' ballots and the number of votes received by said candidate by other ballots or voting machine shall be separately recorded, shown and returned, together with the total number of votes received by said candidate.

Sec. 12. Ballots preserved. In cities, towns, villages or voting precincts, all envelopes from which soldiers' ballots are taken and cast shall, after the ballots are counted, be placed in the ballot box and preserved therein with the ballots counted and returned to said box, and envelopes endorsed with the names of soldiers found not to be electors therein shall be separately preserved in the same manner. Said package shall be preserved for six months after said election, and may be opened only upon order of a court of competent jurisdiction, and, at the end of six months, unless otherwise ordered by the court, may be destroyed.

Sec. 13. Penalties. The laws of this State applicable to

elections and the penalties prescribed for the violation of said laws shall apply to the casting, receiving, giving, counting, returning, and canvassing of the ballots provided for by this act so far as such laws are not inconsistent with the provisions of this act.

Sec. 14. Commissioners-violation-penalty. If any commissioner appointed under the provisions of this act shall wilfully neglect to comply with any provision or requirement of this act, or to make true record and certificate, or to transmit to the town clerks, or clerks of voting precincts, or clerks of wards in cities, the ballots received by him, or if any election. officer in any electors' meeting shall refuse to deposit, in the manner herein provided, the ballot of any duly registered elector of the city, town, ward, or voting precinct, offered under the provisions of this act, he shall be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.

Sec. 15. Compensation of commissioners.-The compensation of each of the commissioners appointed under the provisions of this act shall be five dollars for each day necessarily employed in the performance of his duties, and his traveling expenses, which shall be paid out of the general fund of the State as other state expenses are paid.

Sec. 16. Emergency. Whereas, an emergency exists, this act shall be in force from and after its passage and approval. Approved, April 24, 1917.


(House Roll No. 339.)

[Introduced by Mr. Thomas.]

AN ACT making it a misdemeanor to leave open any gate upon private property and to provide a penalty for violation.

Be it Enacted by the People of the State of Nebraska:

Section 1. Gates-leaving open-penalty.-Whoever leaves open any gate on private property other than his own, and

Ch. 178, 179)

Fire Escapes


such gate can be opened or closed with reasonable effort shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in a sum not to exceed $10.00 for each offense; provided, however, that the term private property shall not be construed to include railroad right of way.

Sec. 2. Emergency. Whereas an emergency exists this act shall take effect immediately upon its passage and approval. Approved, April 25, 1917.


(House Roll No. 530.)

[Introduced by Mr. Thomas.]

AN ACT relating to the prevention and investigating of fires and providing duties for the fire commissioner and to repeal Sections 3124, 3125, 3126, 3127, 3128, 3613, 3614, and 3615 of the Revised Statutes of 1913, and Chapter 73 of the Session Laws of 1915, and declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Fire escapes-when necessary. Every building now or hereafter used, in whole or in part, as a public building, public or private institution, office or store building, theatre, public hall, place of assemblage or place of public resort, more than two stories high and containing above the ground floor, offices, assembling hall, work rooms or a room intended to be used as a place of amusement, all or any of which rooms are designed for occupancy by fifteen or more persons, shall be provided with one or more fire-proof stairways, chutes, or toboggans constructed on the outside thereof, placed in such position and as many in number as may be designated by the state fire commissioner or his deputy.

All school houses and buildings used for school purposes of two stories or more in height shall be equipped as provided in the preceding sentence of this act.

Such fire-proof stairways, chutes or toboggans shall connect the cornice with the top of the first story of such building


Fire Escapes-Inspection

by a wrought iron or steel platform, properly surrounded with a wrought iron or steel railing; said platform to be constructed on a level with the floor of each story so connected, and of sufficient length to permit access to the same from not less than two windows of each story-said platform shall be so constructed as to be of convenient access from the interior of the building, commodious in size and form and of sufficient. strength to be safe for the purpose of ascent and descent: Provided, however, all buildings more than two stories in height used for manufacturing purposes, mercantile establishments, schools, seminaries, hospitals, asylums or other institutions, where twenty-five or more persons congregate at any one time, there shall be placed one automatic metallic fire escape or device for every twenty-five persons, for which working accommodations are provided above the second floor of said building—material, design and location of such escapes to be subject to the approval of the deputy fire commissioner: Provided, all theatres, moving picture galleries and other places of amusement, school houses and buildings used for school purposes shall have proper exits, opening outwardly, which shall not be less than three feet wide by six feet six inches high. All operating booths for apparatus involving the use of a combustible film more than ten inches in length shall be constructed of galvanized iron or other metal, lined with asbestos and otherwise constructed according to the regulations of the fire commissioner. The deputy fire commissioner or any person deputized by him shall have authority to inspect all such theatres, moving picture galleries or other places of amusement and prescribe regulations for the construction and operation of the same.

Sec. 2. Inspection of buildings by fire commissioner. The fire commissioner is hereby authorized and required, when it shall come to his notice that there is any building in this state where the provisions of this article are being violated, to inspect such building. Such inspection may be by the fire commissioner, or his deputy or such other person as may be appointed by the deputy fire commissioner for the purpose of making the inspection. Such person shall be under the control and direction of the deputy fire commissioner. Compensation for services and expenses provided for in this article shall be paid by the state. treasurer out of the general appropriation for the state fire commission upon the warrant of the state auditor: Provided,

Ch. 179)



the deputy fire commissioner in charge shall present to the governor, on or before the fifteenth day of January of each year, a report of such inspection with such recommendation as may be


Sec. 3. Fire escapes on hotels, etc.-In every existing hotel, rooming house, apartment house, or restaurant, and in any hereafter erected, four stories or more in height, and containing fifty or more sleeping rooms, there shall be at least two inside standpipes under water pressure, with sufficient hose attached at all times. Such standpipes shall be not less than two inches in diameter on four story buildings and increase one inch in diameter for each two stories' additional height, or shall conform in size to water service of such town or city.

Sec. 4. Standpipes on hotels. Every existing hotel building, rooming house or apartment house, exceeding fifty-five feet and not over one hundred feet in height, unless already provided with a three-inch or larger standpipe, on the outside, and all buildings hereafter erected exceeding fifty-five and not exceeding one hundred feet in height shall be provided with a vertical standpipe of not less than four inches in diameter. For every existing hotel, rooming house, or apartment house building exceeding one hundred feet in height, unless already provided with a four-inch or larger standpipe, and for all buildings thereafter erected exceeding one hundred feet in height, there shall be provided a vertical standpipe of not less than six inches in diameter. These standpipes shall be of wrought iron or steel and, together with fittings and connections, shall be of such length as to safely withstand at least three hundred pounds of water pressure to the square inch, when installed, and ready for service; also to stand such test without leaking at joints, valves or fittings. All standpipes shall have one hose valve on the roof and a hose valve at each floor opening, with double siamese automatic valves at the bottom, about one foot above the curb level. The siamese valve fittings should be adjusted looking down at an angle of fortyfive degrees. All valve openings shall be of brass, protected by a substantial brass cap, and all fittings and threads are to be of the size and form to fit regulation fire department hose. All standpipes shall, where possible, be attached to the fire escape with iron ladder for use of firemen, running full height of building and over the roof, and all hose connections shall be

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