[Passed April 27, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] Be it enacted by the Legislature of West Virginia: Section 1. There is hereby established a state institution to 2 be known as the state home for aged and infirm colored men and 3 women. It shall belong to that class of institutions mentioned 4 in section three of chapter fifty-eight of the acts of one thousand 5 nine hundred and nine and shall be managed and controlled as 6 provided in said act. All the provisions whereof shall be as 7 applicable to said home as if the same were named in section 8 three of said act. The chief executive officer thereof shall be the 9 superintendent, who shall be a citizen of the state of West Vir10 ginia and a person of good executive ability and shall be ap11 pointed by the governor with the advice and consent of the 12 senate. Sec. 2. The state board of control and the advisory council to 2 the state board of education shall jointly select a suitable site 3 for such home and provide plans for the necessary buildings as 4 soon as practicable after this act shall go into effect; and there5 after all the provisions of said chapter fifty-eight of the acts of 6 one thousand nine hundred and nine, and of chapter twenty7 seven of the acts of one thousand nine hundred and eight and of 8 Barnes' code of one thousand nine hundred d sixteen shall 9 govern herein as far as applicable. Sec. 3. Colored men and women who because of their extreme 2 old age, or who because of their feeble, infirm and impaired 3 physical condition and who are without means to support them4 seves, and who have no relatives, friends or organization upon 5 whom, or which, they can depend for care and support shall 6 become eligible for admission to this home, provided their ad7 mission to this home shall have been first recommended by a ma8 jority of the members of the county court, or the clerk thereof 9 in vacation, of the county in which such individual seeking ad10 mission last resided preceding their admission to said home. Sec. 4. The pay for care and accommodation of such persons 2 who may be admitted to this home, shall be provided by the 3 county court of the county from which they were sent to this 4 home: who shall also pay all just and proper charges for their 5 transportation, from the place from which they may be sent to 6 this home according to the provisions of chapter forty-six, of 7 Barnes' code of the year of one thousand nine hundred and 8 eighteen, as far as the same may be applicable. 9 All acts and parts of acts inconsistent herewith are hereby 10 repealed. CHAPTER 65 (House Bill No. 598-Mr. Beneke) AN ACT to prevent the unlawful taking of gas, electric energy or water and the unlawful injury, alteration or obstruction of any gas, water or electric meter and prescribing punishment and penalties for violation. [Passed April 25, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923] Be it enacted by the Legislature of West Virginia: Section 1. Every person who, with intent to injure or de2 fraud, procures, makes, or causes to be made, any pipe, tube, 3 wire, or other conductor of gas, water or electric energy and con4 nects the same, or causes it to be connected, with any main, 5 service pipe or other pipe for conducting or supplying gas, or 6 water or any wires or other conductor of electric energy, in such 7 manner as to supply gas, water or electric energy to any lamp, 8 motor, burner, orifice, or any other device, by or at which gas, 9 water or electric energy is consumed, around or without pass10 ing through the meter provided for the measuring and register11 ing of the quantity of gas, water or electric energy consumed, 12 or in any other manner so as to evade payment therefor, and 13 every person who with like intent, injuries or alters any gas, 14 water or electric meter, or obstructs its action, shall be guilty of 15 a misdemeanor and upon conviction thereof shall be punished 16 by imprisonment in the county jail not exceeding twelve 17 months, or by a fine not exceeding one thousand dollars, or 18 both, at the discretion of the court. Sec. 2. Every person who, with intent to injure or de2 fraud connects or causes to be connected, any pipe, tube, wire, 3 electrical conductor or other instrument with any main, ser4 vice pipe, or other pipe or conduit or flume for conducting 5 water, or with any main service pipe, or other pipe or conduit 6 for conducting gas, or with any main, service wires or other 7 electric conductor, used for the purpose of conducting electric 8 energy for light, heat, or motive services, for the purpose 9 of taking therefrom, water, gas or electric energy, without 11 the knowledge of the owner thereof and with intent to evade 12 payment therefor shall be guilty of a misdemeanor and upon 13 conviction thereof, shall be punished by imprisonment in the 14 county jail not exceeding twelve months, or by a fine not 15 exceeding one thousand dollars, or both, at the discretion of the 16 court. CHAPTER 66 (House Bill No. 651-Mr. Oldham) AN ACT providing for the propounding and prosecution of a claim by and in the name of the state of West Virginia against the government of the United States of America for the recovery, under the present laws of the United States or such as may be hereafter enacted, from said government of all moneys heretofore paid illegally into the federal treasury as a direct tax upon property situated in the state of West Virginia, providing for the recovery of same, authorizing the state board of control to employ counsel and enter into the necessary contracts and agreements for the carrying out of the object of this act, providing for notice to and procure by claimants of such moneys and fixing a prescription period after which such moneys shall escheat to and become the property of the state of West Virginia. [Passed April 27, 1923. In effect ninety days from passage. Became a law without the approval of the Governor] SEC. SEC. Direct tax duties. 1. Board of control authorized to 5. Procedure. 7. commission created; Funds turned into State Treasury. Be it enacted by the Legislature of West Virginia: Section 1. That the state board of control be and it is 2 hereby directed to propound to and against the government of 3 the United States of America and to prosecute to collection a 4 claim by and in the name of the state of West Virginia for all 5 moneys heretofore paid illegally into the federal treasury as 6 a direct tax upon property situated in the state of West 7 Virginia. Sec. 2. That if the state board of control finds that there 2 is no federal statute or law now existing providing for the 3 payment of such funds into the treasury of the state of West 4 Virginia, it is hereby directed to seek, in such manner as to 5 it shall appear necessary and proper, legislation at the hands 6 of the Congress of the United States, providing for the pay7 ment of such moneys into the treasury of the state of West 8 Virginia. Sec. 3. That all such moneys, so collected and paid by the 2 government of the United States, shall be paid into the treas3 ury of the state of West Virginia, less the commission for 4 the collection thereof, and shall be held by the state of West 5 Virginia for a period of five years in trust for the claimants of 6 such funds. Sec. 4. That the state board of control is hereby authorized 2 to employ counsel and to enter into the necessary contracts 3 and agreements with such counsel for the propounding and 4 prosecution of such claim against the government of the United 5 States of America, and fixing the commission to be allowed said 6 counsel for such work, such commission to be contingent upon 7 the collection of such moneys from the United States and to be 7-a payable out of the same, and not to exceed twenty-five per cen8 tum thereof; provided, however, that the state shall incur no 9 cost or expense in the propounding or prosecution of such 10 claim other than such commission. Sec. 5. That upon receipt of such funds from the United 2 States by the treasurer of the state of West Virginia, it 3 shall be the duty of the state board of control to give notice 4 to all claimants thereof by publication once each week for a 5 period of eight successive weeks in a newspaper published in 6 each of the counties of the state of West Virginia, and, if 7 there be no newspaper in any county, then by posting at the 8 front door of the court house of such counties for such period 9 of time, which notices shall set forth that such moneys have 10 been collected and shall notify all claimants of same to pro11 pound their claims in writing by filing same with said board 12 and it shall warn all claimants and persons interested therein 13 that a failure so to file their respective claims within a 14 period of two years from the date on which such moneys were 15 paid into the treasury of the state of West Virginia, shall 16 forever bar their respective right to such funds or any part 17 thereof, and that in default of the filing of such claims such 18 funds shall escheat to and become the absolute property of the 19 state of West Virginia. Sec. 6. That all such claimants of such moneys shall file 2 their claims in writing with the state board of control on such 3 forms as it shall provide and shall submit their proofs and 4 evidence to a commission to be known as the direct tax commis5 sion, which is hereby created, and shall be composed of the 6 governor, the treasurer and the auditor of the state of West 7 Virginia. If such claims are approved by said commission, the 8 auditor of the state of West Virginia shall draw a warrant on 9 the treasurer of the state of West Virginia, payable to the 10 order of such claimant and the treasurer shall pay such war11 rants out of the funds so collected from the government of the 12 United States and held in trust for such purpose. Either such 13 claimants or the state of West Virginia through its attorney 14 general may appeal from the decision of the direct tax com15 mission to any court of competent jurisdiction. Sec. 7. That at the end of a period of five years from the 2 date on which said moneys so collected from the United States 3 shall be paid into the treasury of the state of West Virginia, 4 said funds, to the extent to which no claims have been filed 5 against same, shall escheat to and become the absolute property 6 of the state of West Virginia. Said funds, to the extent that 7 any claims have been filed against same, shall remain in the 8 state treasury subject to the final determination of such claims 9 and all such funds not finally determined to belong to the 10 claimants thereof shall at that time escheat to and become the 11 absolute property of the state of West Virginia. CHAPTER 67 (Senate Bill No. 12-Mr. Suddarth) AN ACT to amend and re-enact section two of chapter seventynine of the acts of the legislature of one thousand nine hundred and thirteen, relating to the charter of the city of Grafton, and making a change in the corporate boundary of said city of Grafton. [Passed April 17, 1923. In effect from passage. Approved by the Governor April 24, 1923] Be it enacted by the Legislature of West Virginia: That section two of chapter seventy-nine of the acts of the legislature of one thousand nine hundred and thirteen be amended and re-enacted so as to read as follows: |