Using explos for the purpose catching or killing fish, shall be deemed guilty of felony, and upon conviction thereof, shall be punished by a fine of not less than ives to catch or two hundred dollars nor more than five hundred dollars, or by imprisonment in the State prison not less than one year nor more than three years. SEC. 5. All acts or parts of acts in conflict with this act be and the same are hereby repealed. SEC. 6. This act shall take effect and be in force from after its passage. APPROVED March 4, 1891. kill Fish, a felony. Repealing clause When Act takes effect. EMBEZZLEMENT. An Act Entitled "An Act Amending Section 92, Fourth Division of the Compiled Statutes of Monana, Relating to Embezzlement." Be it enacted by the Legislative Assembly of the State of Montana: That section 92 of the Fourth Division Amendment to SEC. I. of the Compiled Statutes of Montana be, and the Law defining Emsame is hereby amended so as to read as follows, to wit: SEC. 92. If any clerk, apprentice, servant, agent, or any other persons, wherether bound or hired upon commission, percentage, salary or otherwise, who shall have received or been entrused with any money, goods, chattels or other property, from or by his master, principal or employer, shall withdraw himself from his master, principal or employer, and go away with the money, goods, chattels or other property, or any part thereof, with intent to steal the same and defraud his master, principal or bezzlement. employer thereof, contrary to the trust and confidence in him reposed by his said master, principal or employer; or who, being in the service of his said master or employer, shall embezzle the said money, goods, chattels or property, or any part thereof, or otherwise shall convert the same to his own use with like purpose to steal the same, every person so offending shall be punished in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled or converted. APPROVED February 23, 1891. REPEAL OF LAW KNOWN AS "GAG LAW." An Act to Repeal Sections 252, 253 and 254, of the Fourth Division of the Compiled Statutes of Montana, to-wit: Of the Criminal Laws. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. That sections 252, 253 and 254, of the Fourth Division of the Compiled Statutes of tain Criminal Montana, to-wit: Of the Criminal laws of the State of Montana, be and the same are hereby repealed. Repeal of Cer Statutes. APPROVED March 2, 1891. OBSCENE LITERATURE. A Bill for an Act Concerning Obscene Literature. Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. That it shall be unlawful for any person to sell, lend, give away or show or have in his possession, with intent to sell or give away or to show or to advertise or otherwise offer for loan, gift or distribution to any minor child under the age of sixteen years, any book, pamphlet, magazine, newspaper, lewd picture, story paper or other printed paper, devoted to the publication or principally made up of criminal news, police reports or accounts of criminal deeds or pictures and stories of lust or crime. SEC. 2. It shall be unlawful to exhibit upon any street or highway, or in any place within the view of any minor child under the age of sixteen years, any book, pamphlet, maganize, newspaper, lewd picture, story paper or other paper or publication coming within the description of matters mentioned in the first section of this act or any of them, SEC. 3. It shall be unlawful to hire, use or employ, any minor child under the age of sixteen years to sell or give away or in any manner distribute, or who, having the care, custody or control of any minor child under the age of sixteen years, to permit such child to sell, give away or in any manner to distribute any book, pamphlet, magazine, lewd picture, newspaper, story paper or publication coming within the description of matters mentioned within the first section of this act, and any person violating any of the provisions of the act shall be guilty of a misdemeanor and on conviction shall be fined in any sum not exceeding three hundred dollars nor less than fifty dollars or to be imprisoned in the county jail of the county where the offense has been committed not to exceed six months or both fine and imprisonment at the discretion of the Court. APPROVED March 4, 1891. DEPREDATIONS UPON SCHOOL AND OTHER PUBLIC Penalty for Depredations on State Lands. An Act to Prevent Depredations upon the School University and Other Lands of the State. Be it enacted by the Legislative Assembly of the State of Montana: SEC. I Any person or persons, company or corporation, unlawfully cutting, felling, girding, injuring or destroying any timber upon any of t. e school, university or other lands of the State, or removing or attempting to remove any timber therefrom, or who shall knowingly purchase or receive any timber so removed as aforesaid, or cause or advise a removal therefrom by others, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than one thousand dollars, or be imprisoned in the county jail not less than thirty days, nor more than six months, or both said fine or imprisonment. SEC. 2. Any person or persons, company or corporation, violating the provisions of the foregoing section shall also be liable to a penalty equal to Treble Damages Public School Fund. three times the value of the timber so injured, cut, destroyed, felled, girdled or removed, which said for Benefit of sum shall be recovered by a civil action in the name of the State, and all moneys recovered under the provision of this section shall be put into the public school fund of the State. APPROVED March 4, 1891. DISCHARGED EMPLOYEES-PROTECTION OF An Act Entitled "An Act for the Protection of Discharged Employees and to Prevent Blacklisting." Be it enacted by the Legislative Assembly of the State of Montana: SECTION I. That if any person, agent, company or corporation after having discharged an employee from his or its service shall prevent or attempt to prevent by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or coporation, such person, agent or corporation, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars nor less than one. hundred dollars, and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action; but this section shall not be construed as prohibiting any person or agent of any company or corporation from informing by word or writing any other person, company or corporation to whom such discharged person or employee has applied for employment, a truthful statement of the reason for such discharge. |