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44-603. Utilities and employments subject to supervision. (a) The operation of the following named and indicated employments, industries, public utilities and common carriers is hereby determined and declared to be affected with a public interest and therefore subject to supervision by the state as herein provided for the purpose of preserving the public peace, protecting the public health, preventing industrial strife, disorder and waste, and securing regular and orderly conduct of the businesses directly affecting the living conditions of the people of this state and in the promotion of the general welfare, to wit:

(1) The manufacture or preparation of food products whereby, in any stage of the process, substances are being converted, either partially or wholly, from their natural state, to a condition to be used as food for human beings;

(2) The manufacture of clothing and all manner of wearing apparel in common use by the people of this state whereby, in any stage of the process, natural products are being converted, either partially or wholly, from their natural state to a condition to be used as such clothing and wearing apparel;

(3) The mining or production of any substance or material in common use as fuel either for domestic, manufacturing, or transportation purposes;

(4) The transportation of all food products and articles or substances entering into wearing apparel, or fuel, as aforesaid, from the place where produced to the place of manufacture or consumption;

(5) All public utilities as defined by K.S.A. 66-104, and all common carriers as defined by K.S.A. 66-105.

(b) Any person, firm or corporation engaged in any such industry or employment, or in the operation of such public utility or common carrier, within the state of Kansas, either in the capacity of owner, officer or worker, shall be subject to the provisions of this act, except as limited by the provisions of this act.

History: L. 1920, ch. 29, ยง 3; January 24; R.S. 1923, 44-603.

Law Review and Bar Journal References:

Quasi-municipal corporation not subject to act, 4 K.L.R. 606 (1956)[quoting Jan. 23, 1956, opinion of attorney general].

CASE ANNOTATIONS

1. Whether certain industries affected with public interest question of relation. The State, ex rel., v. Howat, 109 Kan. 376, 412, 198 P. 686.

2. Fixing wages, in business not clothed with public interest, unconstitutional. Wolff Packing Co. v. Court of Industrial Relations, 262 U.S. 522, 43 S. Ct. 630, 67 L.Ed. 1103.

3. Purpose of act to provide continuity of operation of essential industries. The State v. Personett, 114 Kan. 680, 686, 220 P. 520.

4. Fixing hours of labor, as applied to manufacturer of food products, unconstitutional. Wolff Packing Co. v. Industrial Court, 267 U.S. 552, 560, 45 S. Ct. 441, 69 L.Ed. 785.

5. Reasonable regulation of assignment of wages valid exercise of police power. Sweat v. Commonwealth (Va. A.), 148 S.E. 774, 776.


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