"Penalty. Section 94-38. Any person violating any provision of sections 94-1 to 94-38, inclusive, of the statutes, shall upon conviction thereof, be punished by imprisonment in the county jail for a period of not less than one month nor more than one year, or by imprisonment in the state prison for a period of not less than one year nor more than three years, or by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by both such fine and imprisonment; and no person so convicted shall be permitted to take or hold the office to which he was elected, if any, or receive the emoluments thereof.
"Appropriation. Section 94-39. A sum sufficient to carry out the provisions of sections 94-1 to 94-39, inclusive, of the statutes, not to exceed the sum of fifteen thousand dollars is appropriated annually out of any money in the treasury not otherwise appropriated."
There is another feature of this act which is novel, as well as experimental. If candidates are limited as to the amount of money which may be spent for literature and notwithstanding this one man is using a newspaper through his financial interest, control or otherwise, equality before the law is practically violated. It was felt that something should be inserted to meet this condition and the following sections relate to this subject: