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7 therein. Where accidents occur in any factories, mercantile es8 tablishments, mills or workshops, causing employees, from the 9 nature of the accident, to be away from his or her duties for a 10 period of ten consecutive days, a report shall be made to the 11 bureau of labor of said accident on blanks to be furnished by the 12 commissioner of labor. If death occurs, report shall be made 13 within ten days thereafter. For the carrying into effect of these 14 provisions, and the provisions of all the laws of this state, the 15 enforcement of which is now or shall hereafter be intrusted to or 16 imposed upon the bureau of labor, the commissioner of labor 17 shall appoint six factory inspectors. The commissioner of labor 18 may at any time divide the state into inspection districts as 19 to him may seem advisable and assign the inspectors to the 20 several districts. The commissioner of labor shall appoint a 21 chief clerk and such other clerks and stenographers as the good. 22 of the service requires and within the appropriation made by 23 the legislature. The salary of the commissioner of labor pro24 vided for in this act shall be four thousand dollars per annum. All acts and parts of acts inconsistent with this act are here26 by repealed.

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CHAPTER 49

(House Bill No. 307-Mr. Huber)

AN ACT to amend and re-enact chapter fifteen of the acts of one thousand nine hundred and one, relating to an employment bureau.

[Passed April 25, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923]

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Be it enacted by the Legislature of West Virginia:

That chapter fifteen, acts of one thousand nine hundred and one, relating to an employment bureau, be amended and re-enacted so as to read as follows:

Section 1. The commissioner of labor is hereby authorized 2 to organize and establish in connection with the bureau of 3 labor and in co-operation with the United State employment

4 service of the United States department of labor, a free em5 ployment bureau for the purpose of receiving applications 6 from persons seeking employment and applications from per7 sons seeking to employ labor.

Sec. 2. No compensation or fee shall be charged or received 2 directly or indirectly from persons applying for work, infor3 mation or help through said department. The commissioner 4 of labor is hereby authorized to employ such assistance and 5 incur such expense as may be necessary to carry into effect 6 the purpose of this act. But such assistance and expense shall 7 not exceed twenty-five hundred dollars per annum.

Sec. 3. The expenses of the employment bureau shall be 2 paid in the same manner and way as other expenses of the 3 bureau of labor.

4 All acts and parts of acts in conflict with this act are hereby 5 repealed.

CHAPTER 50

(House Bill No. 188-Mr. Huber)

AN ACT to amend section sixty-five-a of chapter fifty-four of the code of West Virginia as amended, relating to completion of

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Be it enacted by the Legislature of West Virginia:

That section sixty-five-a, chapter fifty-four of the code of West Virginia be amended so as to read as follows:

Section 65-a. Notwithstanding the provisions of any of 2 the sections of the code of West Virginia prescribing the time 3 for construction or completion of railroads within this state, any 4 railroad company heretofore organized under the laws of this 5 state since January first, one thousand nine hundred and two, 6 which shall have heretofore spent twenty per centum of its stock 7 actually subscribed shall have five years from and after the 8 present expiration date for such completion within which to 9 complete its railroad and put the same in operation.

CHAPTER 51

(House Bill No. 189-Mr. Cooper)

AN ACT to co-ordinate the functions of the commissioner of agriculture and the extension department of the state university and to create the state bureau of agriculture.

[Passed April 24, 1923. In effect ninety days from passage. Became a law without the approval of the Governor]

SEC.

1. Bureau of agriculture created; of
whom it shall consist; duties of
members; arbitration board;
acts in conflict repealed.

Be it enacted by the Legislature of West Virginia:

Section 1. That a state bureau of agriculture be and the 2 same is hereby created to consist of the commissioner of agri3 culture and the director of the agricultural extension of the 3-a university, ex-officio. It shall be the duty of the members of 4 said bureau to meet together at the seat of government at least 5 four times each year at regular intervals and to consider the 6 conditions and needs of the agricultural interests of the state 7 and as to how and in what manner the functions, powers and 8 duties assigned by law to each department of agriculture may 9 be most efficiently and economically administered for the benefit 10 of the state and so that there may be neither overlapping, dupli11 cation nor interference of, by or with the work of the one de12 partment with that of the other, and that the department best 13 calculated to exercise and discharge certain powers, duties or 14 functions be thereunto appointed and authorized, and that the 15 other department shall desist from further activities in that be16 half. In case the members of said bureau shall fail to agree upon 17 any matter in issue hereunder, the governor shall be and is here18 by constituted the umpire, and shall decide the matter of differ19 ence between them, and his decision shall be final. The depart20 ment against which such decision shall be, shall cease all activi21 ties not in conformity with such decision, and the other depart22 ment shall proceed to carry on the work in conformity there23 with.

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All acts and parts of acts coming within the purview of this 25 act and inconsistent with its terms, are hereby repealed.

CHAPTER 52

(House Bill No. 190-Mr. Pence)

AN ACT to amend and re-enact chapter forty-four of the acts of the legislature of one thousand nine hundred and seventeen, regulating the sale of commercial fertilizers.

[Passed April 25, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923]

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Be it enacted by the Legislature of West Virginia:

That chapter forty-four of the acts of the legislature of one thousand nine hundred and seventeen is hereby amended and re-enacted so as to read as follows:

Section 1. For the purpose of this act, the term "fertilizer" 2 shall be held to mean any article, substance or mixture applied 3 to the soil for the purpose of increasing the productiveness 4 thereof, excepting only the dung of domestic animals, when sold 5 as such, without brand, name or trade mark, and burnt lime and 6 ground limestone and marl when sold with or without brand, 7 name or trade mark; and the term "person" shall be held to 8 include corporations, companies, societies, and associations, 9 whether acting through an agent or servant.

Sec. 2. Every person who shall offer or expose for sale or sell 2 in this state any fertilizer, shall, before the same is sold, offered 3 or exposed for sale, file with the commissioner of agriculture an 4 mark under which the fertilizer is to be sold, the name of the 5 affidavit clearly and truly setting forth the name, brand or trade 6 manufacturer, jobber or importer, the place of manufacture and 7 the composition of the fertilizer, including the percentum of 8 every constituent relied upon as contributing to the value of 9 the fertilizer, and the materials from which said constituents 10 are derived, said statements as to materials shall be quantita11 tive; provided, that when the manufacturer, jobber or importer 12 of any fertilizer shall file the affidavit required by this section, no 13 agents or dealers selling the same fertilizer for him under his 14 name and brand shall be required so to do; provided, that no

15 fertilizer shall be offered or exposed for sale in this state unless 16 the same contains twelve per cent or more of total available plant 17 food.

18 The affidavit required by this section shall be made annually, 19 but may be made at any time for the calendar year, and may be 20 filed in the month of December for the year following.

Sec. 3. Every bag, barrel or other package of fertilizer sold, 2 offered or exposed for sale in this state shall have branded on 3 or conspicuously attached to it a statement that the manufac4 turer thereof has complied with this act, the brand name of the 5 fertilizer, the net weight of the package, the name and address 6 of the manufacturer, and the guaranteed analysis of the ferti7 lizer set out as required in the affidavit required in section two; 8 provided, that this act shall not apply to fertilizer materials 9 sold to fertilizer manufacturers to be prepared or treated by 10 themselves and resold.

Sec. 4. The commissioner of agriculture, in person or by 2 deputy, shall take samples of any fertilizers on sale in the state. 3 and for this purpose is hereby authorized to enter during busi4 ness hours any store room or other place where fertilizers are 5 sold, offered or exposed for sale; the said commissioner shall 6 cause the said samples to be analyzed according to methods of the 7 association of official agriculture chemists, official at the time and 8 shall publish the results; any purchaser of fertilizers within the 9 state may take a sample of the same in accordance with rules 10 and regulations of the commissioner of agriculture and if the 11 said commissioner has reason to believe that the fertlizer is not 12 as guaranteed-in the affidavit, he shall cause the sample to be 13 analyzed free of charge and certify the results to the person 14 forwarding the same.

Sec. 5. In the discharge of his duties in behalf of agriculture. 2 in this state, the commissioner shall seek to make the inspection 3 of fertilizers hereby intrusted to him as helpful as possible to 4 the purchasers of fertilizers in this state and is hereby author5 ized to make such rules and regulations as may be necessary to 6 carry into effect the full intent and meaning of this act; the said 7 commissioner shall report promptly to the prosecuting attorney 8 of the county in which the offense was committed, any violations 9 of this act and all failures to comply therewith and a copy of 10 any label, statement or tag required to be filed with the said 11 commissioner or prepared by him and any analysis made or

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