land for railroads, condemn the use of so much of said land as may be necessary for the purpose of constructing, maintaining and operating such pipe line or lines, and all necessary reservoirs, settling basins, filters, machinery, pumping stations, appliances and fixtures, including necessary telephone lines, "and for the purpose of securing and maintaining the purity of the water supply," and including rights of ingress and egress; to examine, alter, repair, maintain and operate or rebuild or remove the same.

Provided, however, that where, by the charter of any existing water company, or amendments thereto, powers of acquiring materials, land or rights therein are conferred upon such company, nothing herein contained ball be held to repeal, impair or modify such powers."

Approved March 21, 1904.

CHAPTER 71.

AN ACT to authorize telephone companies, partnerships or individuals to contract for right of way across and along public roads and turnpikes, and over and across the lands of private persons, and to condemn the right of way when the same is not secured by contract.

When telephone

companies to con

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That any telephone company chartered and indemn right of way. corporated under the laws of this or any other State, partnership or individual, shall, upon making just compensation as hereafter provided, have the right to construct, maintain and operate telephone lines through any public lands of this State and on and across and along all public roads and turnpikes, and across and

under any navigable waters and on and across the land of any person: Provided, That fixtures of said company shall not interfere with the travel on and along said roads, nor obstruct the navigation of said waters.

tion 4679a, Ken

$2. If such telephone company, partnership or in- Amendment to sec. dividual, can not obtain the right of way by contract, tucky Statutes. companies, partnerships or individuals may proceed to institute condemnation proceedings to obtain the desired right of way, which proceedings shall be substantially the same as is provided in chapter 125a (section 4679a, Kentucky Statutes), in respect to proceedings to acquire the right of way for telegraph companies.

$ 3. The provisions of this act shall not apply to any incorporated town or city.

Approved March 21, 1904.

CHAPTER 72.

AN ACT to amend section 5 of an act, entitled "An Act creating the county of Beckham" and providing for transfer of assessment lists.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

The act creating

§ 1. That section 5 of an act, entitled, "An act creating the county of Beckham," and which section Reckham county has reads as follows:

"S 5. The said commission shall have the power, and it shall be its duty, to provide temporary places for holding courts and keeping the public records of said Beckham county until permanent buildings are provided for such purposes," be so amended as to read as follows:

been held unconstitutional and this act is therefore void.

Zimmerman v. County Y. Brooks.

Brooks and Carter

25 L. R.

"§ 5. The said commission shall have the power, and it shall be its duty, to provide temporary places for holding the courts and keeping the public records of said Beckham county until permanent buildings are provided for such purposes; that it shall be the duty of the county courts of any county, whose territory is affected by the act creating the county of Beckham, to direct the county court clerks to compile, make up and certify to the county court clerk of Beckham county the property assessment lists, already made for the current year, of the property properly assessable in Beckham county by reason of its location therein; and the sheriffs of said adjoining counties so affected are respectively relieved from the responsibility of the collection of such tax lists so certified to the county court clerk of Beckham county. For the service of so compiling and certifying such lists as herein provided, the fiscal court of Beckham county shall allow to such county court clerks a reasonable compensation, pay able out of the revenues of said Beckham county."

$ 2. WHEREAS, It is necessary that the taxes due the county of Beckham be collected when due, an emergency is declared to exist, and this act shall be in force from and after its passage and approval by the Gover

nor.

Approved March 21, 1904.

CHAPTER 73.

AN ACT to amend section 1054, Kentucky Statutes, which is section 34, article 3 of an act, entitled "An Act relating to courts of justice," which became a law and was approved by the Governor June 10, 1893.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section 1054, Kentucky Statutes, which is section 34, article 3 of an act, entitled "An act relating to courts of justice," which became a law and was approved by the Governor, June 10, 1893, be amended by striking therefrom the following language, to-wit:

"When the value in controversy is over ten dollars, exclusive of interest and cost," and inserting the words "in civil cases," so that said section, when amended, will read as follows, to-wit:

"Appeals may be taken to the Quarterly Court from all judgments and orders of justices, fiscal, city or police, ordinance courts in civil cases." Provided, That, in all cases which involved a question of exemption, appeal shall be granted to the defendant without the execution of a bond as required in other cases of appeal.

Approved March 21, 1904.

Bonds not re

quired in suits in

volving questions of

exemptions.

Leaving State to keep from testifying.

Penalty for.

Penalty for procuring to leave State.

Conspiracy to induce witness to leave. Penalty.

CHAPTER 74.

AN ACT to prevent the suppression of testimony.

Be it enacted by the General Assembly of the Com monwealth of Kentucky:

§ 1. That if any person shall leave the State of Kentucky or avoid service of process by any means whatever, so as to avoid being compelled to testify be fore any Legislative Committee or Grand Jury he shall be deemed guilty of a misdemeanor, and upon conviction, may be fined from thirty dollars to five hun dred dollars, and imprisoned from thirty days to six months, or he may be so fined or imprisoned, at the discretion of the jury.

§ 2. If any person shall cause or procure the absence of such witness, as defined in the preceding sec tion, he shall be deemed guilty of a misdemeanor, and may be fined or imprisoned, as provided in the foregoing section, and if the offender be a practicing lawyer such conduct shall be grounds for his disbarment, and prohibition thereafter to practice law, and he may be tried before any circuit judge, whether he has been tried and convicted before a jury or not.

§ 3. A conspiracy among two or more persons to violate the provisions of this act shall make such conspirator liable for the punishment in the first section laid down, and while all the evils against which this act is addressed are of constant occurrence and greatly hinders and impedes legislative committees and courts of justice, an emergency is declared to exist, and this act shall take effect from and after its passage.

Approved March 21, 1904.