guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars ($5) nor more than twenty-five dollars ($25), and each and every day that such violation shall continue shall be deemed to constitute a separate and distinct offense, and the erection, display or maintenance of each and every separate advertising or other sign contemplated in this act shall be deemed to constitute a separate offense. It shall be the duty of the prosecuting attorney of each judicial circuit in this state to institute proper proceedings to prevent, restrain or secure convictions for the violation of any of the provisions of this act.

The statute of 1911, sections 2683c and 2683d, R. S. 1914, requiring railroad companies to pay the wages of employes who quit their service or are discharged, within seventy-two hours after the termination of their service, and providing a penalty for failure, is unconstitutional as being class legislation. Cleveland etc. R. Co. v. Schuler, 182 Ind. 57, 105 N. E. 567; Baltimore etc. R. Co. v. Burdalow, 57 App. 267, 106 N. E. 902.

Preamble.

[Acts 1919, p. 588. In force May 15, 1919.]

WHEREAS, While liberty within the reasonable restraints of law, and the right of free speech, are among the unalienable rights of the American citizen, and no encroachment upon either should ever be tolerated, the claim to those rights should never be allowed to cover treasonable acts or utterances, the advocacy of anarchy, the overthrow of government, or the abrogation of constitutional means for the maintenance of law and order and the protection of the lives and rights of persons, or the advocacy of or the practice of sabotage; and

WHEREAS, Recent occurrences in Russia and elsewhere warn us that the toleration of such unbridled license of speech and of such practices involves great danger to civilization and to organized society, and threatens a possible lapse into barbarism; therefore,

2718a. Prohibiting the display of certain banners, emblems.-1. The display or exhibition at any meeting, gathering or parade, public or private, of any flag, banner or emblem symbolizing or intended by the person or persons displaying or exhibiting the same to symbolize a purpose to overthrow, by force or violence, or by physical injury to personal property, or by the general cessation of industry, the government of the United States or [of] the State of Indiana, or all government, is hereby declared to be unlawful.

2718b. Prohibiting the inciting of violence.-2. It shall be unlawful for any person to advocate or incite or to write or with intent to

forward such purpose to print, publish, sell, or distribute any document, book, circular, paper, journal or other written or printed communication in or by which there is advocated or incited the overthrow by force or violence, or by physical injury to personal property, or by the general cessation of industry, of the government of the United States, of the State of Indiana, or all government.

2718c. Penalty for violation.-3. Any person or persons convicted of violating any section of this act shall be fined not more than $5,000 or imprisoned for not more than five years, or both.

DECEDENTS' ESTATES.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

2724. Circuit courts have jurisdiction.

Circuit courts have jurisdiction of the probate of wills, and when such a court has admitted a will to probate such court only has jurisdiction of an action to contest the validity of such will, although some other court may have concurrent jurisdiction with the court in probate matters. Marchant v. Olson, 184 Ind. 17, 110 N. E. 200.

See note to section 1433.

2735. Probate commissioners, duties, salary.

The statute providing for the appointment of probate commissioners, and authorizing them to hear evidence and report their findings to the court, does not confer judicial powers upon such commissioners. Delaney v. Gubbins, 181 Ind. 188, 104 N. E. 13.

SEC.

ARTICLE 2.-LETTERS TESTAMENTARY.

SEC.

2737. When and to whom letters issued. 2740. Power of executor before letters.

The court that admits a will to probate, and issues letters testamentary, is the only court that has jurisdiction of a suit to contest the validity of such will, although some other court may have concurrent jurisdiction in probate matters with the court issuing such letters. Marchant v. Olson, 184 Ind. 17,

110 N. E. 200.

If a will is admitted to probate, and an administrator with the will annexed is appointed and letters are issued, and at such time there are debts owing by the estate of the testator, the subsequent payment of such debts by the heirs of the testator will not be cause for revoking the appointment of the adminis

trator and the annulment of the letters issued to him. Holtz v. Mercantile Trust etc Co., 53 App. 194, 100 N. E. 398.

See note to section 1433.

In view of this section, the overruling of a demurrer to objections to the appointment of one as executor was held an adjudication that the facts alleged showed such person to be incompetent or incapacitated. Studebaker v. Faylor,

2740. Power of executor before letters.

The person named in a will as executor, can not bind the estate for attorney fees incurred in an unsuccessful attempt to have the will admitted to probate, but if a will is admitted to probate, the estate is chargeable with the expense of such proceeding. Doan v. Herod, 56 App. 663, 104 N. E. 385.

The statute providing for the issuing of letters of administration upon the estates of decedents requires that such letters shall be issued to the persons in the order named in the statute if they make application within the time specified by the statute, and if letters are issued contrary to the provisions of the statute they may be set aside by court of its own motion or upon the application of any interested person. Curry v. Plessinger, 50 App. 166, 96 N. E. 190, 97 N. E. 124; Reed v. Bishop, 51 App. 187, 97 N. E. 1023; Holtz v. Mercantile etc. Co., 53 App. 194, 100 N. E. 398.

When persons apply for letters of administration upon the estate of a decedent, the court should examine the applicants as to their rights to receive such letters, and as to their qualifications to act as administrators, and may hear the evidence of other persons upon the subject. Curry v. Plessinger, 50 App. 166, 96 N. E. 190, 97 N. E. 124.

If no persons that are mentioned in the statute as having the preference of being appointed as administrators apply for letters within twenty days after the death of a decedent any competent inhabitant of the county may be appointed to administer upon the estate. Terre Haute etc. Tract. Co. v. Reeves, 58 App. 326, 108 N. E. 275.

In view of this section the discretion of the removal of administrator is not interfered with. - 127 N. E. 454.

2743. In what county issued.

court in the appointment and Haughey v. Haughey,

App.

On the death of a nonresident of the state, leaving property in this state, a resident creditor is entitled to receive letters of administration in preference to persons who are named in the will of the deceased as executors, when such will was executed and probated in another state. Reed v. Bishop, 51 App. 187, 97 N. E. 1023.

Letters of administration should be issued in the county where the decedent was an inhabitant at the time of his death without regard to the location of the assets of the estate, but if letters are issued in the wrong county they are not void, but remain in force until set aside by some appropriate proceeding, and the proper proceeding and practice to have such letters revoked and set aside is considered. Sample v. Adams, 54 App. 680, 100 N. E. 573.

2746. Foreign executor, letters.

If a nonresident of the state on his death leaves property in this state, a resident creditor of this state is entitled to letters of administration to administer upon the property in this state in preference to the persons named in the will of such decedent as executors, when the will is probated in the state where the testator died. Reed v. Bishop, 51 App. 187, 97 N. E. 1023.

2747. Estate of absentee, presumption of death.

The statute which authorizes the administration upon and settlement of the estate of a person who is absent for five years, on the presumption that he is dead, applies only to the settlement of the estates of absentees, and the death of a person whose life is insured is not presumed because of his absence for such a length of time. Metropolitan Life Ins. Co. v. Lyons, 50 App. 534, 98 N. E. 824.

[Acts 1921, p. 239. In force March 8, 1921.]

2747a. Estates, absentees, devisees and legatees.-1. Whenever it shall be made to appear in any proceeding for the purpose of closing up the estate of a person who has departed this life testate, pending in any court having probate jurisdiction in this state, that any devisee or legatee of such testator shall never have been a resident of the State of Indiana, so far as can be determined, and whose whereabouts for five years or more next preceding the death of such testator cannot be ascertained, and the legal representative of such testator cannot locate such absentee or secure any positive evidence of his death by reasonable effort, the reasonableness of which shall be within the sound judicial discretion of the court having jurisdiction of such estate, the said court may, after two years from the issuing of letters in the estate of such testator, proceed to close up the estate of such testator as follows: The personal representative of such testator shall cause a notice to be published four consecutive weeks in some newspaper of general circulation published at the capital of this state, and like notice to be published in some newspaper of general circulation published in the county where such estate is pending, giving notice to the missing devisee or legatee, his heirs-at-law and personal representatives, of the intention to proceed to close the estate. After thirty days from the date of the last publication, the court having jurisdicion of such estate may, upon production of proof of such publications, and default by such absentee, presume and order that such absentee is dead and proceed to close the estate. If any bequest or devise is made to such absentee, contingent upon his sur