THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 The RALPH D. REED LIBRARY 
 
 O 
 
 DEPARTMENT OF GEOLOGY 
 UNIVERSITY OF CALIFORNIA 
 
 LOS ANGELES, CALIF.
 
 Mining Laws 
 of Ohio 4 1910 
 
 Compiled by 
 GEORGE HARRISON 
 Chief Inspector of Mines
 
 Mining Laws of Ohio 
 
 1910 
 
 COMPILED BY 
 
 GEO. HARRISON, 
 
 CHIEF INSPECTOR OF MiNts 
 
 COLUMBUS, OHIO: 
 
 PRESS OF THE F. J. HEKJI PRINTING Co 
 
 1910
 
 Library 
 
 \ o i f\ 
 NOTICE. 
 
 Where there is more than one section relat- 
 ing to the same subject matter, the additional 
 section references have been placed at the end 
 of these sections in parenthesis. 
 
 Persons are also requested to consult the 
 Table of Contents as well as the Classified Index 
 which is given in minute detail. 
 
 Also read carefully the Penalties which are 
 provided in Section 976 for violation of all laws 
 commencing with duty of County Coroner in Sec- 
 tion 921, and ending with Section 975, with tho 
 exception of Sections 968, 969 and 972, for which 
 no penalties -are provided.
 
 TABLE OF CONTENTS. 
 
 Sections. 
 Relating to chief and district inspectors. . 898-920 
 
 Relating to county recorder and county 
 
 coroner 921 
 
 Relating to owner, lessee or agent 922-950 
 
 Relating to superintendent, mine-foreman 
 
 and over-seer 951-961 
 
 Relating to stableman and fire-boss 955 
 
 Relating to employes generally 956-963 
 
 Relating to persons not employes 964 
 
 General provisions 965-972 
 
 Relating to oil and gas wells through 
 
 coal measures 973 
 
 Relating to illuminating oil for mines 974-975 
 
 Relating to penalties '. . 976 
 
 Relating to fines collected, prosecutions, 
 when act takes effect, and re- 
 peals 977-978 
 
 5 
 
 817691
 
 Relating to Chief Inspector of Mines 
 
 and District Inspectors 
 
 of Mines. 
 
 7
 
 Mining Laws of Ohio. 
 
 S. B. No. 91. 
 
 Passed April 5, 1910. 
 
 Approved April 11, 1910. 
 
 In effect, June 11, 1910. 
 
 AN ACT 
 
 To amend Sections 898, 899, 900, 901, 902, 903, 
 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 
 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 
 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 
 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 
 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 
 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 
 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 
 974, 975, 976, 977 and 978 of the General 
 Code, relating to the appointments, powers 
 and duties of the chief inspector of mines 
 and -the district inspectors of mines and to 
 provide regulations governing mines and 
 mining. 
 
 RELATING TO CHIEF INSPECTOR OF MINES 
 
 AND DISTRICT INSPECTORS OF 
 
 MINES. 
 
 Be it enacted by the General Assembly of the 
 
 State of Ohio: 
 
 SECTION 1. That sections 898, 899, 900, 901, 
 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 
 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 
 9
 
 10 
 
 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 
 
 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 
 
 942, 943, 944, 945, 946, 947, 948, 949, 950, 951. 
 
 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 
 
 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 
 
 972, 973, 974, 975 976, 977, 978 of the General 
 Code be amended so as to read as follows: 
 
 Sec. 898. [Appointment of chief inspector.] 
 Upon the expiration of the present term of the 
 chief inspector of mines, the governor, with the 
 .advice and consent of the senate, shall appoint 
 a chief inspector of mines, who shall hold his 
 office for a term of four years from the date 
 of his appointment and until his successor is 
 appointed and qualified. 
 
 Sec. 899. [Qualifications of chief inspector 
 of mines.] No person shall be appointed chief 
 inspector of mines unless he has a competent 
 knowledge, insofar as such sciences relate to 
 mining, of chemistry, the mineralogy and geology 
 of this state, a practical knowledge of the dif- 
 ferent systems of working and ventilating mines, 
 the nature and properties of the noxious and 
 poisonous gases in mines, particularly fire-damp, 
 the best means of preventing the accumulation 
 of such gases, and the best means of removing 
 the same. He shall also have had at least five 
 years actual practical experience in mining in 
 this state, shall have a knowledge of mine en- 
 gineering, and shall have a practical knowledge 
 of the uses and dangers of electricity as applied 
 at. in. and around mines.
 
 11 
 
 Sec. 900. [Appointment of district inspec- 
 tors.] The chief inspector of mines, with the 
 approval of the governor, shall appoint twelve 
 district inspectors of mines, each of whom shall 
 hold his office for a term of three years from 
 the date of appointment and until his successor 
 is appointed and qualified. 
 
 Sec. 901. [Qualifications of district inspec- 
 tors of mines.] No person shall be appointed 
 district inspector of mines unless he has been a 
 resident of the district for which he is appointed, 
 for at least two years, has had at least five 
 years' actual practical experience in mining in 
 this state, has a practical knowledge of the 
 best methods of working and ventilating mines, 
 of the nature and properties of noxious and 
 poisonous gases, particularly fire-damp, of the 
 best means of detecting the presence of and pre- 
 venting accumulations of such gases and the 
 best means of removing the same, and has a 
 practical knowledge of the uses and dangers of 
 electricity as applied at, in, and around mines. 
 
 Sec. 902. [Inspectors must devote entire 
 time to duties of office.] The chief inspector of 
 mines, and each district inspector of mines, shall 
 give his whole time and attention to the duties 
 of his office. While in office he shall not be 
 financially interested in any mine, or under obli- 
 gations to any person or persons interested in 
 the operation, management or working of any 
 mine in the state, in any manner that may tend 
 to influence him in the faithful and impartial dis- 
 charge of his duties.
 
 12 
 
 Sec. 903. [Bond cf inspectors.] Before enter- 
 ing upon the discharge of the duties of his office, 
 the chief inspector of mines, and each district 
 inspector of mines, shall give a bond to the 
 state, the former in the sum of five thousand 
 dollars, and the latter in the sum of two thousand 
 dollars, with two or more sureties approved by 
 the governor, conditioned for the faithful dis- 
 charge of the duties of his office. Such bond, 
 with the approval of the governor and the oath 
 of office indorsed thereon, shall be deposited with 
 the secretary of state and kept in his office. 
 
 Sec. 904. [Offices of inspectors.] The chief 
 inspector of mines shall have an office in the 
 state house, in which he shall keep the maps 
 and plans of all mines in the state, and all 
 records, correspondence, papers, apparatus, and 
 other property belonging to the state, pertaining 
 to his office, in accessible and convenient form 
 for reference by persons entitled to examine 
 them, all of which he shall deliver to his suc- 
 cessor in office. The persons entitled to ex- 
 amine maps, plans, records and papers of a 
 mine, shall be the owner, lessee or agent of surch 
 mine;, the persons financially interested in such 
 mine; the owner, or owners, of land adjoining 
 such mine; the owner, or owners, of land ad- 
 jacent to such mine; the owner, lessee or agent 
 of a mine adjacent to such mine; and the au- 
 thorized representatives of the employes of such 
 mine. The chief inspector of mines shall not per- 
 mit such maps, plans, records and papers to be 
 removed from his office, and shall not furnish
 
 13 
 
 copies thereof to any persons, except by request 
 of the owner, lessee or agent of the mine to 
 which such maps, plans, records and papers per- 
 tain. Each district inspector shall keep his of- 
 fice in such place in his district as is central 
 and convenient. 
 
 Sec. 905. [Salaries and expenses of inspec- 
 tors.] The present incumbents ' of the office >f 
 district inspector of mines shall receive a salary 
 of twelve hundred dollars per annum, but any 
 district inspector of mines appointed after the 
 passage and approval of this act shall receive a 
 salary of eighteen hundred dollars per annum. 
 The present incumbent of .the office, of chief in- 
 spector of mines shall receive the salary as pro- 
 vided for in section 2250 of the General Code, 
 but any chief inspector of mines appointed after 
 the passage and approval of this act shall re- 
 ceive a salary of three thousand dollars per 
 annum. The chief inspector of mines, and each 
 district inspector of mines, shall receive, in ad- 
 dition to the salaries herein provided for, all 
 necessary and legitimate expenses incurred by 
 them in the discharge of their duties, to be ap- 
 proved by the chief inspector of mines, itemized 
 statements of which expenses shall be filed with 
 the auditor of state. Provided, however, that 
 any public officer who knowingly accepts any 
 payment from any mine inspector for political 
 purposes shall forfeit his office, and any person 
 who accepts any contribution of money or any- 
 thing of value from any mine inspector for use 
 in any political campaign, or for any campaign 
 purpose, shall be guilty of a misdemeanor.
 
 14 
 
 Sec. 906. [Duties of chief inspector.] The 
 chief inspector of mines shall designate the 
 counties, or portions thereof, which shall com- 
 pose the different districts, and may change such 
 districts whenever in his judgment the best in- 
 terests of the service so require. He shall issue 
 such instructions, and make such rules and regu- 
 lations for the government of the district in- 
 spectors of mines consistent with the powers arid 
 duties vested in them by law, as will secure 
 uniformity of action and proceedings throughout 
 all the districts. The chief inspector of mines 
 may order one district inspector of mines to the 
 assistance of any other, or may make temporary 
 transfers of district inspectors of mines, when, 
 in his judgment, the efficiency of the service de- 
 mands or permits, and with the consent of the 
 governor, may remove any district inspector of 
 mines for reasonable cause. The chief inspector 
 of mines shall give such personal assistance to 
 the district inspectors of mines as they may need, 
 and make such personal inspection of the mines 
 as he deems necessary and his other duties per- 
 mit. He shall keep in his office and carefully 
 preserve all maps, surveys, reports and other 
 papers, required by law to be filed with him, and 
 arrange and preserve them as a permanent record 
 of ready, convenient and connected reference. 
 He shall, upon receipt of a report of the district 
 inspector of mines, or of a committee of miners^ 
 covering the conditions of a mine, promptly mail 
 a copy thereof to the general office of the owner, 
 lessee or agent of such mine. (Sec. 967.)
 
 15 
 
 Sec. 907. [Duty in case of fatal accident.] 
 Upon receiving notice from the owner, lessee or 
 agent that a fatal accident has occurred at a 
 mine, the chief inspector of mines shall go, or 
 order one of the district inspectors of mines r.o 
 go, at once, to the mine at which such accident 
 occurred, inquire into its cause, and make a 
 written report setting forth fully the condition 
 of that part of the mine wherein the accident 
 occurred, and the cause thereof. Such report 
 shall be filed by the chief inspector of mines in 
 his office, and a copy mailed to the general of- 
 fice of the owner, lessee or agent of such mine. 
 (Sec. 921, 934, 940, 951.) 
 
 Sec. 908. [Annual report of chief inspector 
 of mines.] The chief inspector of mines shall 
 compile and consolidate the reports of the dis- 
 trict inspectors of mines, and make a report each 
 year to the governor of all his proceedings, as 
 well as those of the district inspectors of mines; 
 the condition and operation of the different 
 mines of the state; the number of mines and 
 the number of persons employed in and about 
 them, and the amount of coal mined in this 
 state. He shall also include in the report, such 
 facts relative to the mineral resources of the 
 s^ate, and the development thereof, as, in his 
 judgment, may be of public interest. He shall 
 enumerate all accidents in and about mines, the 
 manner in which they occurred, give such other 
 information as he thinks useful and proper, and 
 make such suggestions as he deems important 
 relative to mines and mining, and to any legis-
 
 16 
 
 lation necessary for the better preservation of 
 the life and health of those engaged in such in- 
 dustry. 
 
 Sec. 909. [Duties of district inspectors of 
 mines.] Each district inspector of mines shall 
 examine each mine in his district, in which men 
 are employed, as often as practicable, and mines 
 employing more than ten persons, at intervals 
 not exceeding three months between examina- 
 tions, noting particularly the condition of the 
 boilers and machinery, the location and condition 
 of the buildings, the condition of the workings <>f 
 the mine, the condition of the traveling and 
 haulways, the circulation and condition of the 
 air and the drainage, and shall see that the pro- 
 visions of this act are complied with. Upon the 
 completion of the examination of a mine, he 
 shall within a reasonable time thereafter, report 
 in writing to the chief inspector of mines, tho 
 conditions of the mine, showing the extent to 
 which the provisions of this act are complied 
 with or violated. (Sec. 913.) 
 
 Sec. 910. [District inspectors as sealers of 
 weights and measures.] The district inspectors 
 of mines are hereby vested with all the powers 
 and authority of county auditors as sealers of 
 weights and measures in the different counties 
 of this state, but shall exercise such authority 'n 
 connection with weights and measures at mines. 
 only. Each district inspector of mines may upon 
 his regular examination of a mine, and shall, upon 
 the written request of the duly authorized rep- 
 resentatives of the miners, the owner, lessee, or
 
 17 
 
 agent, or the interested land owner, test the ac- 
 curacy of the scales at any time, and post in the 
 weigh house a certificate provided by the chief 
 inspector of mines, certifying the condition of 
 the scales, provided that such tests be made at 
 a reasonable time without unnecessary inter- 
 ference with the use of such scales. (Sec. 941.) 
 
 [Duty of district inspectors in case of con- 
 troversy.} In case of a controversy or disagree- 
 ment between the district inspector of mines, and 
 the owner lessee or agent of a mine, or persons 
 working therein, or in case of emergency re- 
 quiring counsel, the district inspector of mines 
 may call upon the chief inspector of mines for 
 such assistance and counsel as is necessary. 
 
 Sec. 911. [Inspectors shall exercise dis- 
 cretion.] Each inspector shall exercise discretion 
 in the enforcement of the provisions of this act. 
 If he finds that any matter, thing or practice, 
 connected with any mine, and not prohibited by 
 law, is dangerous or defective, (or that from <\ 
 rigid enforcement of any of the express pro- 
 visions of this act, such matter, thing or practice 
 would become dangerous or defective), so as in 
 his opinion to tend to the bodily injury of any 
 person, such inspector shall give notice in writ- 
 ing to the owner, lessee, or agent of the mine, 
 of the particulars in which such mine or any 
 matter, thing, or practice connected therewith is 
 dangerous or defective, and require it to be 
 remedied by making such changes as the con- 
 ditions may require. Provided, however, that in 
 the exercise of the foregoing provisions relating
 
 18 
 
 to the application of electricity or electric wires, 
 the judgment of the chief inspector of mines and 
 the district inspector of mines, jointly, shall be 
 required. (Sec. 947-948.) 
 
 Sec. 912. [Inspectors shall have access to 
 mines.} For the purpose of making the exam- 
 inations provided for. in this act, the chief in- 
 spector of mines, and each district inspector of 
 mines, may -enter any mine at reasonable times, 
 by day or night, but in such manner as will not 
 unnecessarily impede the working of the mine, 
 and the owner, lessee or agent thereof shall 
 furnish the means necessary for such entry and 
 examination. 
 
 [Examination of record of minors employed.] 
 The district inspector of mines shall examine the 
 record kept by the mine foreman, of boys under 
 sixteen years of age employed in each mine, and 
 report to the chief inspector of mines, the num- 
 ber of such persons employed in and about each 
 mine, and enforce the provisions of this act 
 relative to their employment. (Sec. 944, 953.) 
 
 Sec. 913. [Report, of district inspector to 
 chief inspector.] On or before each Monday, 
 each district inspector of mines shall mafte and 
 file in the office of the chief inspector of mines, 
 a record showing the number of mines in the 
 district examined by him during the preceding 
 week, the number of persons employed in and 
 about sirch mines, the date of each examination, 
 condition of each mine examined, Whether the 
 laws relating to mines and mining are being ob
 
 19 
 
 served or violated, and, if violated, the nature 
 and extent of such violations, progress made in 
 safeguarding the lives and protecting the health 
 of the employes in and about the mines, num- 
 ber of fatal accidents in and about the mines, 
 together with such other facts of public in- 
 terest concerning the condition of mines, and the 
 development and progress in mining, as he deems 
 proper. (Sec. 909.) 
 
 Sec. 914. [Duties of chief inspector relating 
 to oil and gas wells.] The chief inspector of 
 mines, upon receiving notice from a person, firm 
 or corporation of the intention to drill an oil or 
 gas well which will likely penetrate a workable 
 seam of coal, shall make a record thereof, and 
 if such well is to be drilled so as to comply 
 with the provisions of this act relating thereto, 
 he shall give his permission to the parties to 
 proceed. He shall keep on file in his office all 
 the papers and maps pertaining to oil and gas 
 wells, and see that the provisions relating to the 
 drilling, operating and abandonment of such wells 
 are complied with. 
 
 [Duties of district inspectors relating to oil 
 and gas wells.] Each district inspector of mines 
 shall carry out the instructions of the chief in- 
 spector of mines with reference to the enforce- 
 ment of the regulations provided for in this act 
 relating to the drilling, operating and abandon- 
 ment of oil and gas wells, and shall see that the 
 regulations relating thereto are complied with in 
 his respective district. (Sec. 973.)
 
 Sec. 915. [Chief inspector of mines shall 
 provide and maintain rescue apparatus.] The 
 chief inspector of mines shall provide and main- 
 tain, at the expense of the state, such safety ap- 
 pliances, instruments and chemical tests, as in 
 his judgment may be required to facilitate the 
 efficient inspection of mines and safely conduct 
 rescue work in emergencies, but not less than six 
 approved oxygen helmets complete, one recharg- 
 ing equipment for recharging oxygen tanks, two 
 extra oxygen tanks, one resuscitation outfit com- 
 plete, twenty approved safety lamps, one naphtha 
 tank, twenty portable electric lamps complete 
 with storage batteries, and all necessary instru- 
 ments and chemical tests, together with all neces- 
 sary repairs and supplies, therefor. 
 
 Sec. 916. [Action for non-compliance witn 
 provisions of this act.] If the appliances of a 
 mine for the safety of the persons working 
 therein do not conform to the provisions of this 
 act, or if the owner, lessee or agent disregards 
 the requirements thereof, on application by the 
 chief inspector of mines in the name of the state, 
 any court of competent jurisdiction may enjoin 
 or restrain the owner, lessee or agent from 
 operating such mine, until it is made to conform 
 to the provisions of this act. Such remedy shall 
 be cumulative, and shall not affect any other 
 proceedings authorized by law against such 
 owner, lessee or agent for the matter complained 
 of in the action. (Sec. 927-928.) 
 
 Sec. 917. [Failure to make map and for- 
 feiture.] Upon the refusal or neglect of the
 
 21 
 
 owner, lessee or agent of a mine to make and . 
 file a map, or any addition thereto, within sixty 
 days after being directed to do so by the chief 
 inspector of mines, as provided for in this act, 
 the chief inspector of mines may cause such map 
 or addition thereto to be made in duplicate at 
 the expense of such owner, lessee or agent, the 
 cost of which shall be recoverable against such 
 owner, lessee or agent, in the name of the chief 
 inspector of mines in any court of competent 
 jurisdiction in the county in which such mine is 
 located, or in Franklin county. (Sec. 904, 935, 
 936, 937.) 
 
 Sec. 918. [Complaint against district inspec- 
 tor; how made.] When written charges of neg- 
 lect of duty, incompetency, or malfeasance in 
 office against any district inspector of mines, are 
 made and filed with the chief inspector of mines, 
 signed by not less than fifteen employes, or an 
 owner, lessee or agent of a mine, the chief in- 
 spector of mines shall promptly investigate such 
 charges, and advise in writing, addressed to the 
 complainant whose name appears first in the 
 charges, the result of such investigation. 
 
 [Complaint against chief inspector, how 
 made; appeal.] When written charges of neg- 
 lect of duty, incompetency or malfeasance in of- 
 fice against the chief inspector of mines, are 
 made and filed with the governor, signed by not 
 less than fifteen employes, or the owner, lessee 
 or agent of a mine, or if not less than fifteen 
 employes, or the owner, lessee or agent of a
 
 22 
 
 mine, having filed charges against a district in- 
 spector of mines with the chief inspector of 
 mines, are dissatisfied with the result of the 
 investigation made by him, and appeal to the 
 governor by filing the same charges against such 
 district inspector of mines with the governor, he 
 shall make, or cause to be made, an investiga- 
 tion of such charges, and advise in writing, ad- 
 dressed to the complainant whose name appears 
 first in the charges, the result of such investi- 
 gation. 
 
 Sec. 919. [Appeal and board of examiners.] 
 After such appeal from the decision of the chief 
 inspector of mines, or after charges have been 
 filed against the chief inspector of mines with 
 the governor, and the result of the investigation 
 made by him, or at his instance, is unsatisfac- 
 tory to the complainant, and notice thereof is 
 given to the governor in writing by said com- 
 plainant, accompanied with a bond in the sum 
 of five hundred dollars, payable to the state, 
 conditioned for the payment of all costs and 
 expenses of the investigation of such charges, 
 in the event such charges are not sustained, and 
 signed by two or more responsible freeholders, 
 the governor- shall convene a board of examiners, 
 consisting of two practical miners, one chemist, 
 one mining engineer, and one mine operator, at 
 such time and place as he directs, giving ten 
 days' notice thereof to the inspector against 
 whom the charges are made, and als"o to the 
 person whose name appears first in the charge^.
 
 23 
 
 [Duties of board.] When so convened, and 
 being duly sworn truly to try and decide the 
 charges made, the board of examiners shall sum- 
 mon any witnesses desired by either party, and 
 examine them, on oath, administered by a mem- 
 ber of the board. Depositions may be read on 
 such examination as in other cases. The board 
 shall examine fully into the truth of such charges 
 and report the result of its investigation to the 
 governor; and, according to its finding, award 
 the costs and expenses of such investigation 
 against the inspector or the persons signing the 
 bond. The costs and expenses of such investi- 
 gation shall include a compensation of five dol- 
 lars per day for each member of the board, for 
 the time occupied in the trial, and in traveling to 
 and from his home, together with all legitimate 
 expenses which shall be paid from the state 
 treasury on the certificate of the president of 
 such board. The attorney general shall proceed 
 to collect such costs and expenses, and pay them 
 into the state treasury. 
 
 Sec. 920. [This act shall not create new 
 office or displace any officer.] No change herein 
 made in the name of an office existing when 
 this act takes effect shall create a new office. 
 The incumbents of offices when this act takes 
 effect, the duties of which are herein defined, or 
 the filling of which is herein provided for, shall 
 hold their respective offices for the full term 
 for which they were severally elected or ap- 
 pointed, the same as if this act had not been
 
 Relating to County Recorder and 
 
 County Coroner 
 
 25
 
 RELATING TO COUNTY RECORDER AND 
 COUNTY CORONER. 
 
 Sec. 921. [Duty of Recorder.] The recorder 
 of the county, when presented with a map of 
 an abandoned mine, by the owner, lessee or 
 agent thereof, as provided for in this act, shall 
 properly label, file and preserve the same as a 
 part of the records of the land upon which said 
 mine is located. (Sec. 937.) 
 
 [Duty of coroner.] Upon receiving notice of 
 a death occurring at a mine, as provided for in 
 this act, the coroner shall hold an inquest forth- 
 with upon the body of such person, inquire care- 
 fully into the cause of his death, and within ten 
 days after such inquest, return a copy of his 
 findings, with a description of the body, and all 
 the testimony before him, to the chief inspector 
 of mines. Upon request of the owner, lessee or 
 agent of the mine where such person was em- 
 ployed, shall furnish a copy thereof to such 
 owner, lessee or agent, for which such coroner 
 shall be entitled to a fee of ten cents per legal 
 cap page, but in no case more than ftve dollars 
 for any one inquest, for copy furnished owner 
 or lessee. (Sec. 940; Penalty, Sec. 976.) 
 
 27
 
 Relating to Owner, Lessee or Agent. 
 
 29
 
 RELATING TO OWNER, LESSEE OR AGENT. 
 
 Sec. 922. [Ventilation of mines.] The owner, 
 lessee or agent of a mine, shall provide and main- 
 tain the necessary artificial means of capacity 
 and power capable of supplying the required 
 ventilation, and shall maintain a sufficient volume 
 of air, not less per minute than one hundred and 
 fifty cubic feet for each person, and five hundred 
 cubic feet for each animal working therein, 
 measured at the intake, and distributed so as to 
 expel or dilute and render harmless, explosive, 
 poisonous and noxious gases. 
 
 [Additional requirements where fire-damp is 
 present.] The owner, lessee or agent of a mine 
 generating fire-damp, so as to be detected by a 
 safety lamp, shall, in addition to the foregoing, 
 provide and maintain not less than fifty cubic 
 feet of air per minute for each person working 
 therein. (Sec. 923, 924, 952; Penalty, Sec. 976.) 
 
 Sec. 923. [Ventilating appliances.] In each 
 mine, the doors used in assisting or directing 
 the ventilation thereof, shall be hung so that 
 they will close themselves, and shall be kept 
 closed except while persons or cars are passing 
 through same. Each door, not operated auto- 
 matically, through which cars are required io 
 pass, shall have an attendant, whose first duty 
 shall be to open it for transportation, and prevent 
 it from standing open longer than necessary for 
 
 31
 
 cars to pass through, and, persons in charge of 
 cars passing through automatic doors shall be 
 required to keep a close watch over such doors. 
 and if any such door fails to close, they shall 
 promptly close same and report such fact to the 
 mine foreman. This shall not prevent the at- 
 tendant from performing other duties, provided 
 the door is not kept open longer than is necessary 
 for cars to pass through. Where necessary, a 
 refuge place shall be provided at each door for 
 the safety of the attendant. (Sec. 943, 958; Pen- 
 alty, Sec. 97G.) 
 
 Sec. 924. [Ventilation of mines while per- 
 sons working therein.] At each mine where the 
 ventilation is not continuous, it shall be started 
 a sufficient length of time prior to the appointed 
 time for any person, or persons, working therein 
 to enter, to clear the mine of explosive, poisonous 
 and noxious gases, and shall be kept in operation 
 a sufficient length of time after the appointed 
 time for such employes to leave their working 
 places, for all persons to be out of the mine. 
 (Sec. 922, 923, 952; Penalty, Sec. 976.) 
 
 [Pressure gauges.] At each mine generating 
 fire-damp so as to be detected by a safety lamp, 
 and wherein twenty or more persons are em- 
 ployed, a .recording pressure gauge for the pur- 
 pose of recording the pressure or vacuum of the 
 main air current, shall be provided and main- 
 tained, which shall be kept in constant use, and 
 records preserved for ninety days, subject to the
 
 33 
 
 inspection of the chief inspector of mines and 
 the district inspector of mines. (Penalty, Sec. 
 976.) 
 
 ' ' T 
 
 Sec. 925. [Competent person or persons shall 
 be designated as fire-boss.] The owner, lessee or 
 agent of a mine generating fire-damp so as to be 
 detected by a safety lamp, shall designate a 
 competent person or persons as fire boss or fire 
 bosses, who shall make a thorough examination 
 of each working place in the mine every morn- 
 ing with a standard safety lamp, not more than 
 three hours prior to the appointed time for the 
 employes to enter the mine. As evidence of such 
 examination, the fire boss shall mark with chalk 
 upon the face of the coal, or in some other con- 
 spicuous place, his initials and date of the month 
 upon which the examination is made. If there 
 is any standing gas discovered, he must leave a 
 danger signal across every entrance to such 
 place. 
 
 [Examination of other than working places.] 
 Each mine generating fire-damp so as to be 
 detected by a safety lamp, shall be kept free 
 from standing gas. All traveling ways, entrances 
 to old workings, and places not in the actual 
 course of working, shall be carefully examined 
 with a safety lamp by the fire boss not more 
 than three hours before the appointed time for 
 persons employed therein to enter. Parts of the 
 mine not in the actual course of working and 
 available, shall be examined not less than once
 
 34 
 
 each three days, and shall be so fenced as 
 to prevent persons from inadvertently entering 
 therein. (Sec. 955, 959; Penalty, Sec. 976.) 
 
 Sec. 926. [Breakthroughs and brattices.] 
 From a point where the seam is reached in the 
 opening of a mine, to a point not exceeding a 
 distance of four hundred feet therefrom, break- 
 throughs shall be made between main entries, 
 where there are no rooms worked, not more 
 than one hundred feet apart, provided such en- 
 tries are not advanced beyonrl the point where 
 the breakthrough will be made until the break- 
 through is complete. Breakthroughs between en- 
 tries, except as hereinbefore provided, shall be 
 made not exceeding sixty feet apart. Where 
 there is a solid block on one side of a room, 
 breakthroughs shall be made between such room 
 and the adjacent room not to exceed sixty feet 
 apart; where there is a breast or group of 
 rooms, a breakthrough shall be made on one side 
 or the other of each room, except the room ad- 
 joining said block, not to exceed forty feet from 
 the outside corner of the breakthrough to the 
 nearest corner of the entrance to the room, and 
 on the opposite side of the same room a break- 
 through shall be made, not to exceed eighty feet 
 from the outside corner of the breakthrough to 
 the nearest corner of the entrance to the room, 
 and thereafter breakthroughs shall be made not 
 to exceed eighty feet apart on each side of the 
 room. No working place, except those provided 
 for within a distance of four hundred feet of 
 the principal openings of a mine, shall be driven
 
 35 
 
 more than eighty feet in advance of a break- 
 through or air-way. The required air current 
 shall be conducted to the breakthrough nearest 
 the face of such entry or room. All break- 
 throughs between entries, and when necessary 
 between rooms, except the one nearest the work- 
 ing face, shall be closed and made air-tight by 
 brattice, trap doors or other means, so that the 
 current of air in circulation may sweep to the 
 interior of the mine. Brattices between per- 
 manent inlet and outlet air-ways shall be con- 
 strivcted in a substantial manner of brick, ma- 
 sonry, concrete, or non-perishable material. In 
 mines generating fire-damp, so as to be detected 
 by a safety lamp, the air current shall be con- 
 ducted by brattice, or other means, near enough 
 to the working face to expel the fire-damp, and 
 prevent an accumulation of the same. (Penalty, 
 Sec. 976.) 
 
 Sec. 927. [Safe appliances for hoisting per- 
 sons.] The owner, lessee or agent of a mine 
 shall provide and maintain safe appliances, ap- 
 proved by the district inspector of mines, for 
 the ingress and egress of persons in each shaft, 
 designated by such owner, lessee or agent as a 
 means of ingress and egress for persons em- 
 ployed therein. When there is but one shaft 
 available for ingress and egress from any un- 
 avoidable cause, the appliances therein shall be 
 kept available to persons therein employed ' at 
 all times. When such appliances in any shaft 
 are rendered unavailable from any cause, the 
 same shall be restored without delay.
 
 36 
 
 [Emergency appliances.] When the only 
 means of egress is by vertical shaft, in which 
 cages or elevators are used as a means of hoist- 
 ing persons therein employed, and the power for 
 operating same is derived from but one source, 
 the owner, lessee or agent shall provide and 
 keep on hand for use in the event of an accident 
 to the hoisting apparatus or the power by which 
 same is operated, a suitable windlass, capable of 
 hoisting the persons from the mine. 
 
 [Competent engineers.] The owner, lessee 
 or agent of a mine worked by a shaft or slope. 
 shall put in charge of an engine used for lower- 
 ing into or hoisting out of such mine persons em- 
 ployed therein, only experienced, competent and 
 sober engineers. (Sec. 916. 928; Penalty. Sec. 
 976.) 
 
 Sec. 928. [Metal speaking tube and safety 
 appliances.] The owner, lessee or agent of a 
 mine operated by shaft, shall provide and main- 
 tain a metal tube suitable for conversation be- 
 tween persons, connecting the engine room with 
 the top and bottom of such shaft: an approved 
 safety catch, a sufficient cover, and rings or other 
 adequate hand-holds for ten persons, on all cages 
 used for lowering and hoisting persons: Such 
 cages to be protected on each side by a boiler 
 plate not less than one-fourth inch in thickness. 
 and not less than three feet high, and shall pro- 
 vide an approved safety gate at the top of each 
 shaft, an adequate brake to control the drum 
 used for lowering or hoisting persons in shafts
 
 'or slopes, and an indicator on all machines used 
 for such purpose, to show the location of cages 
 in shaft or slope. No cage having an unstable or 
 self-dumping platform shall be used for the car- 
 riage of persons unless such platform is se- 
 curely locked. (Sec. 916, 927; Penalty, Sec. 976.) 
 
 Sec. 929. [Lowering and hoisting of per- 
 sons.] The owner, lessee or agent of a mine, at 
 which the only means of ingress and egress for 
 the persons employed therein is by a vertical 
 shaft, or shafts, of one hundred feet or more in 
 depth, shall designate one or more persons whose 
 duty, shall be to attend to the lowering and hoist- 
 ing of persons into and out of such mine, and 
 give and receive the proper signals, governing 
 the movement of the cage while engaged in 
 handling men. Not more than ten persons shall 
 be lowered or hoisted at any one time. The 
 lowering of persons shall begin in time for per- 
 sons to reach their working places by hour ap- 
 pointed for mine to commence work and con- 
 tinue until starting time. Hoisting of persons 
 shall commence at time for mine to ceaste work, 
 and continue until all have had time to be 
 hoisted. Persons may be hoisted at such other 
 times as will not interfere with the hoisting 
 of coal, or other products. No person shall be 
 lowered into or hoisted out of a mine, with 
 powder, explosives, tools or material on any 
 cage, in the same shaft, and no person shall be 
 lowered or hoisted in a vertical shaft in a mine 
 . car. When the vertical shaft is less than one 
 hundred feet in depth, and a stairway approved
 
 by the district inspector of mines is not pro- 
 vided, the owner, lessee or agent shall be re- 
 quired to lower or hoist persons, as above pre- 
 scribed, but when such stairway is provided, 
 the hoisting of persons shall not be required. 
 (Sec. 929, 942, 959; Penalty, Sec. 976.) 
 
 Sec. 930. [Owner, lessee or agent shall pro- 
 vide second opening.] The owner, lessee or 
 agent of a mine shall not employ or permit any 
 person to work therein except as hereinafter pro- 
 vided, unless to every seam worked in such mine 
 there are at least two openings, separated by 
 natural strata of not less than one hundred feet 
 in breadth at any point, by which distinct means 
 of ingress and egress are always available to the 
 persons therein employed. Such openings need 
 not belong to the same mine so long as the 
 persons employed therein have safe, ready and 
 available means of ingress and egress, by not 
 less than two openings, provided, however, that 
 no air shaft with a ventilating furnace at the 
 bottom be designated or used as a means of 
 ingress or egress. The provisions of this sec- 
 tion shall not apply to opening a new mine while 
 being worked for the purpose of making the sec 
 ond opening and the communication therewith. 
 and the making of the landing or bottom and ex- 
 tending of the main entries one hundred feet 
 while such communication is being made; to a 
 mine in which the second opening has become 
 unavailable from any cause while said second 
 opening is being restored or another is being 
 made; nor to a mine in which the second open-
 
 39 
 
 ing has become unavailable by reason of the final 
 robbing of the pillars previous to abandonment, 
 so long as not more than twenty persons in 
 either case are employed therein at one time. 
 
 [Fire protection to shafts.] At each mine at 
 which the only means of egress is by vertical 
 shaft, the owner, lessee or agent shall provide 
 adequate fire protection to secure the safety of 
 such shaft, or shafts, . and, when but one shaft 
 is the only available means of egress, shall keep 
 in attendance a competent person at all times 
 while persons are inside of such mine. (Penalty, 
 Sec. 976.) 
 
 Sec. 931. [Separate traveling ways.] The 
 owner, lessee or agent of a mine shall provide 
 and maintain, in safe condition for the purpose 
 provided, two separate and distinct traveling 
 ways from the interior workings of the mine, each 
 of which shall be available to not less than one 
 opening to the surface. One of such traveling 
 ways may be designated by such owner, lessee 
 or agent as the principal traveling way. One of 
 such traveling ways may be designated as the 
 escapement way. The provisions of this section 
 shall not prohibit such owner, lessee or agent 
 from designating more than one principal travel- 
 ing way, or more than one escapement way, so 
 long as the provisions hereof are complied with. 
 
 [Traveling ways and refuge holes.] The 
 owner, lessee or agent of a mine worked by shaft, 
 shall provide and keep free from obstruction, a
 
 40 
 
 traveling or passage way from one side of the 
 shaft bottom to the other. Slopes and mechanical 
 haulage ways used as traveling ways by persons 
 employed in a mine shall be made of a sufficient 
 width to give not less than three feet of space 
 between the rib and adjacent rail of track to 
 permit persons to pass moving cars with safety. 
 If found impracticable to make such slopes or 
 mechanical haulage ways of sufficient width as 
 provided, refuge holes not less than six feet in 
 width and clearing the adjacent rail of the track 
 not less than four feet, and not more than sixty 
 feet part, shall be made on one side of the slope 
 or mechanical haulage way and whitewashed. 
 The refuge holes shall be kept free from obstruc- 
 tion, and the roof and sides made secure. (Sec. 
 932, 959; Penalty, Sec. 976.) 
 
 Sec. 932. [Detaching locomotive from mov- 
 ing train. Traveling way where locomotive is de- 
 tached.] At a mine, or in any part thereof, where 
 a locomotive is detached from a moving train of 
 cars for the purpose of dropping such cars past 
 the locomotive, and the haulage way at such 
 point is designated as the principal traveling 
 way, a traveling way, not less than three feet 
 wide and separated from the track by a pillar of 
 coal or substantial fence, shall be provided at 
 one side of that portion of the track from where 
 the locomotive will be detached to the switch of 
 the siding. Such traveling way shall be jnade 
 on the same side of the track as the refuge holes. 
 In no case shall a locomotive be detached from 
 a train of moving cars, for the purpose of mak-
 
 41 
 
 ing a drop thereof, more than one hundred feet 
 from the switch of the siding. (Sec. 931, 959; 
 Penalty, Sec. 976.) 
 
 [Additional jneans of egress when inundation 
 is probable.] At any mine where there is a 
 stream or body of water on the surface, or in 
 the workings of a mine, at a higher level, which 
 is likely to break through into such mine and 
 inundate either the traveling or escapement way 
 of such mine, so as to prevent the egress of 
 persons employed therein, the owner, lessee or 
 agent, shall, upon the written order of the chief 
 inspector of mines, provide and maintain an ad- 
 ditional opening by means of which such persons 
 may escape without using the traveling or es- 
 capement way likely to be inundated. (Sec. 950; 
 Penalty, Sec. 976.) 
 
 Sec. 933. [Duties of owner, lessee or agent 
 relating to supplying timber.] The owner, lessee 
 or agent of a mine shall keep an adequate sup- 
 ply of suitable timber constantly on hand, and 
 deliver to the working place of each miner, the 
 props of approximate length, caps and other 
 timbers necessary to securely prop the roof 
 thereof: Such props, caps, and other timbers, 
 shall be delivered in mine cars at point where 
 the miner receives his empty cars, or unloaded 
 at the entrance to the room. (Sec. 953, 956; Pen- 
 alty, Sec. 976.) 
 
 Sec. 934. [Provisions for persons injured at 
 mines.] The owner, lessee or agent of a mine, 
 at, in, or around which more than ten persons are
 
 42 
 
 employed, shall keep at the mine in a convenient 
 place, a stretcher, properly constructed, a woolen 
 blanket, and a waterproof blanket, in good con- 
 dition for use in carrying an injured person: 
 When more than two hundred persons are em- 
 ployed, two stretchers, two woolen blankets, and 
 two waterproof blankets shall be kept. A suf- 
 ficient quantity of bandages and linen shall be 
 kept on hand at all mines. 
 
 At mines generating fire-damp so as to be 
 detected by a safety lamp, a sufficient quantity of 
 olive or linseed oil shall be kept stored, at the 
 mine, for use in an emergency. (Sec. 907, 921. 
 940, 951; Penalty, Sec. 976.) 
 
 Sec. 935. [Owner or lessee shall make map 
 of mine.] The owner, lessee or agent of a mine 
 having an excavation of fifteen thousand cubic 
 yards, or more, shall cause to be made, on a 
 scale of not less than two hundred feet per inch, 
 an accurate map thereof, which shall show the 
 following: The boundary lines and names of the 
 owners of the surface of each tract under which 
 excavation is made, and for not less than five 
 hundred feet contiguous thereto, and under which 
 excavations are likely to be made during the en- 
 suing year, together with all streams and bodies 
 of standing water; the township and county lines 
 coming within the limits of such map. with the 
 name of each plainly marked close to and parallel 
 with such lines; the title, the name or number 
 of the mine, or both, the township and county in 
 which located; the section lines, with the num-
 
 her of each, marked plainly within the sections; 
 the location of the mine openings, railroad tracks, 
 public highways, oil and gas wells, magazines 
 and buildings, and plainly marked with name of 
 each; the location and extent of the excavations 
 and connection with the surface survey; the di- 
 rection of the air current, or air currents by 
 arrows; the location and extent, so far as known 
 or obtainable, of the excavation of any other 
 mine or mines within the limits of the map; 
 the boundary lines of the tracts ot coal owned 
 or leased within the limits of the map; the 
 elevation of the floor of the excavation, above 
 mean tide at Sandy Hook, at or near the boundary 
 line or lines of the coal owned or leased where 
 the coal is adjacent to coal owned by a person, 
 firm or corporation, other than the owner or 
 lessee of such mine, and where the excavations 
 of such mine cease or may be approached by 
 another mine, at points not exceeding three hun- 
 dred feet apart, and referenced to some per- 
 manent monument near the main opening of such 
 mine, and shown on the map and plainly marked 
 l.c"ch mark, with the elevation of same. (Sec. 
 904, 917, 936, 937; Penalty, Sec. 976.) 
 
 Sec. 936. [Addition to map, and certificate 
 of engineer and mine-foreman.] The owner,lessee 
 or agent of a mine shall cause to be made, a map 
 or an addition to the next previous map thereof, 
 annually, and semi-annually if so directed in 
 writing by the chief inspector of mines, showing 
 the excavations and the information required by 
 the preceding section, to date of survey. The
 
 44 
 
 map, or maps, required by this and the preced- 
 ing section, and any addition thereto, shall have 
 the certificate of the engineer making same, and 
 of the mine-foreman in charge of the mine at 
 the time of the survey, acknowledged before a 
 notary public or justice of the peace, thereon in 
 the following form: 
 
 I, the undersigned, hereby certify that this 
 map is correct, and shows all the information 
 required by section nine hundred and thirty-five 
 of the General Code, and covers the period end- 
 ing t , 
 
 Engineer. 
 
 Acknowledged before me a . . . - 
 
 this day of , 
 
 I, the undersigned, hereby certify that I am 
 a mine-foreman at the mine represented by this 
 map, and to the best of my knowledge and belief 
 the same correctly represents the excavations of 
 the mine for the period ending , 
 
 Mine-Foreman. 
 
 Acknowledged before me a 
 
 this day of . , 
 
 (Sec. 904, 917, 935, 937; Penalty, Sec. 976.) 
 
 Sec. 937. [Owner, lessee or agent shall file 
 map of abandoned mine with county recorder and 
 chief inspector of mines.] The owner, lessee or
 
 45 
 
 agent of a mine, before the pillars are drawn 
 previous to the abandonment of a mine, or any 
 part thereof, shall cause to be made a correct 
 map of such mine, or part thereof, showing its 
 area and workings to the day of the abandon- 
 ment; the pillars drawn previous to abandon- 
 ment; and file such map within ninety days after 
 the abandonment of such mine, in the office of 
 the Recorder of the county where such mine is 
 located, and with the chief inspector of mines at 
 his office. Such map shall have attached thereto 
 the usual certificate of the mining engineer mak- 
 ing it, and the mine-foreman in charge of the 
 underground workings of the mine, and such 
 owner, lessee or agent shall pay to the Recorder 
 for filing such map, a fee of fifty cents. (Sec. 
 921.) 
 
 [Copy of map to be filed with chief inspector.] 
 The owner, lessee or agent of a mine shall keep 
 at the office thereof, open to the inspection of 
 the chief inspector of mines, and the district in- 
 spector of mines, a copy of the latest map of 
 such mine, with any addition thereto, and shall 
 furnish a copy thereof to the chief inspector of 
 mines at his office. (Sec. 904, 917, 935, 936; Pen- 
 alty, Sec. 976.) 
 
 Sec. 938. [Precautions when approaching 
 abandoned mine.] Whenever any working place 
 of a mine approaches within one hundred feet 
 of the abandoned workings of another mine, as 
 indicated by an accurate survey, or while driv- 
 ing any working place parallel with the working?
 
 46 
 
 of such abandoned mine within a distance of one 
 hundred feet thereof, and such abandoned mine 
 cannot be explored, or when same contains fire- 
 damp, or water which may inundate such work- 
 ing place, the mine-foreman shall not permit such 
 working place to be advanced until a drill hole 
 has been extended not less than twelve feet in 
 the center of sivch working place, and a flank 
 hole not less than twelve feet extended on each 
 rib, starting at the working face after taking 
 out each cut or crossing. Whenever the limits 
 of the workings of an abandoned mine are not 
 known by actual survey, the above rule shall 
 apply whenever any working place approaches 
 within one hundred and fifty feet of the supposed 
 limits of such abandoned mine. (Penalty, Sec. 
 976.) 
 
 Sec. 939. [Notice must be sent to chief in- 
 spector in certain cases.] The owner, lessee or 
 agent of a mine shall give notice to the chief in- 
 spector of mines in the following cases: When 
 a change occurs in the name of the mine, in 
 the name of the owner, lessee or agent thereof, 
 or in the officers of an incorporated company 
 owning or operating such mine; when a working 
 is commenced for the opening of a new shaft, 
 slope or mine; when a mine is abandoned, or 
 the working thereof discontinued ; when the work- 
 ing of a mine is commenced, after an abandon- 
 ment or discontinuance thereof for a period of 
 more than three months: when the pillars of a 
 mine are about to be removed or robbed: when 
 a squeeze, crush, or fire occurs, or a dangerous
 
 47 
 
 body of gas is found, or any cause or change 
 that may seem to affect the safety of persons 
 employed therein. (Sec. 940; Penalty, Sec. 976.) 
 
 Sec. 940. [Notice of accidents.] The owner, 
 lessee or agent of a mine at which loss of life 
 occurs by accident, shall give notice thereof, by 
 telegram, forthwith, to the office of the chief 
 inspector of mines, and to the coroner of the 
 county in which such accident occurs; and, 
 within twenty-four hours next after loss of life 
 or personal injury has occurred, the owner, lessee 
 or agent of the mine shall send to the chief 
 inspector of mines a report in writing, of the 
 accident, specifying the character and cause 
 thereof, the names of the persons killed or in- 
 jured, and the nature of the injuries. If a per- 
 sonal injury thereafter results in the death of 
 the person injured, as soon as such death comes 
 to his knowledge, the owner, lessee or agent 
 shall give notice thereof forthwith, in writing, to 
 the chief inspector of mines, and to the coroner 
 of the county in which such accident occurred. 
 (Sec. 907, 921, 934, 951; Penalty, Sec. 976.) 
 
 [Return of owner, lessee or agent.] The 
 
 owner, lessee or agent of a mine, shall, on or be- 
 fore the thirty-first day of January of each year, 
 send to the office of the chief inspector of mines, 
 upon blanks furnished by him, a correct return, 
 specifying with respect to the year ending on the 
 preceding thirty-first of December, the quantity 
 of coal mined, and the number of persons ordi- 
 narily employed at. in, and around such mine.
 
 distinguishing the persons below and above 
 ground, and give such other information as re- 
 quired by such blanks. (Penalty, Sec. 976.) 
 
 Sec. 941. [Test weights to be provided.] The 
 owner, lessee or agent of a coal mine, at which 
 the earnings of ten or more persons depend upon 
 the weights of coal mined, shall provide and 
 keep accessible for the purpose of testing the 
 weigh scales as provided elsewhere in this act, 
 the following standard test weights, properly 
 sealed: Where the coal mined is weighed upon 
 hopper or pan scales, two standard test weights 
 of fifty pounds each; where the coal mined is 
 weighed upon railroad track scales, ten standard 
 test weights of fifty pounds each. (Sec. 910.) 
 
 [Owner, lessee or agent shall provide safety 
 lamps.] The owner, lessee or agent of a mine 
 generating fire-damp, so as to be detected by a 
 safety lamp, shall keep on hand in proper con- 
 dition for use, not less than four approved safety 
 lamps, and upon request of the district inspector 
 of mines, shall provide such additional safety 
 lamps as in his judgment may be required to 
 meet any probable- emergency. 
 
 [Owner, lessee or agent shall provide shields 
 on mining machines.] The owner, lessee or 
 agent of a mine, shall provide and maintain a 
 sufficient shield on each mining machine used in 
 sueh mine, as may be authorized by the chief 
 inspector of mines, or the district inspector of 
 mines, for the protection of those employed in 
 operating same. (Sec. 957; Penalty, Sec. 976.)
 
 Signal Code. 
 
 49
 
 Sec. 942. [Signals at mines, how conducted; 
 devices to be used.] At each mine operated by 
 shaft, the means of signaling to and from the 
 bottom man, the top man, and the engineer shall 
 consist of a tirbe, or tubes, or wire encased in 
 wood or iron pipes, through which signals shall 
 be communicated by electricity, compressed air, 
 or other devices. The following signals are pro- 
 vided for use at mines where signals are re- 
 quired : 
 
 SIGNAL CODE. 
 From the Bottom to the Top. 
 
 [One ring or whistle.] One ring or whistle 
 from the bottom to the top shall signify to hoist 
 coal or the empty cage, and also to stop either 
 when in motion. 
 
 [Two rings or whistles.] Two rings or 
 whistles shall signify to lower cage. 
 
 [Three rings or whistles.] Three rings or 
 whistles shall signify that men are coming up; 
 when return signal is received from the engineer, 
 men will get on the cage, and eager shall ring 
 or whistle one to start. 
 
 [Four rings or whistles.] Four rings or 
 whistles shall signify to hoist slowly, implying 
 danger. 
 
 [Five rings or whistles.] Five rings or 
 whistles shall signify accident in the mine and 
 a call for a stretcher. 
 
 51
 
 52 
 
 From the Top to the Bottom. 
 
 [One ring or whistle.] One ring or whistle 
 from the top to the bottom shall signify: All 
 ready, get on cage. 
 
 [Two rings or whistles.] Two rings or 
 whistles shall signify: Send away empty cage. 
 
 [Addition to code, when allowed; code must 
 be posted at top and bottom.] Provided, that the 
 management of any mine, may, with the consent 
 of the district inspector of mines, add to this 
 code of signals in his discretion, for the pur- 
 pose of increasing its efficiency, or of promoting 
 the safety of the men in said mine, but whatever 
 code may be established and in use at any mine 
 must be furnished by the mining department, 
 conspicuously posted at the top and at the bottom 
 and in the engine room, for the information and 
 instruction of all persons concerned. 
 
 [Emergency signal in shafts.] At each mine 
 where persons are hoisted in a vertical shaft, an 
 emergency signal shall be provided in such man- 
 ner that persons can give signals from the cage, 
 in the event the cage is stopped between the 
 top and bottom landings. (Sec. 929; Penalty, 
 Sec. 976.) 
 
 Sec. 943. [Lights in mines.] The owner, 
 lessee or agent of each mine shall provide an 
 enclosed lard or signal oil lamp or lantern or in- 
 candescent electric light at such point or points 
 in the mine as may be necessary for the proper 
 safety of persons, especially at the top of ex-
 
 53 
 
 treme grades. No open light shall be irsed for 
 fixed or stationary purposes; no open torches 
 or lamps larger than the lamps provided for 
 in this act for use as open lights, and no coal 
 oil or kerosene lamp or lanterns, shall be used 
 in a mine. This, however, shall not prevent the 
 use of a torch or blow-torch for mechanical pur- 
 poses other than illumination. (Sec. 961.) 
 
 [Light or signal on locomotives and trains.] 
 The owner, lessee or agent of a mine at which 
 locomotives are used for hauling the coal, shall 
 keep a light on the front end of the locomotive 
 when it is in use, and when the locomotive is 
 run ahead of the trip, and the trip-rider is not 
 required to ride the rear car of the trip, a signal, 
 light or marker, approved by the district inspector 
 of mines, shall be carried on the rear end of 
 the trip to indicate when the trip has passed. 
 Cars shall not be pushed ahead of the locomotive 
 where it can be avoided, and when cars are run 
 ahead of the locomotive a light shall be carried 
 on the front end of the trip and the cars shall 
 not be moved at a speed greater than four miles 
 per hour. When rope haulage is used, an en- 
 closed light shall be carried on the front end of 
 each train so hauled. When a mechanical haulage 
 trip passes through an automatic door having no 
 attendant other than persons in charge of such 
 trip, the trip-rider shall be required to ride the 
 rear car of the trip while passing through such 
 door, and see that it closes after the trip passes 
 through. (Sec. 923, 958; Penalty, Sec. 976.)
 
 54 
 
 Sec. 944. [Employment of minors.] The 
 owner, lessee or agent of a mine shall not em- 
 ploy, or permit to work therein, any boy under 
 fourteen years of age; nor employ, or permit to 
 work therein, any boy under fifteen years of age 
 during a term of the public schools, in the dis- 
 trict in which he resides. (Sec. 912, 953.) 
 
 [Removal of combustible matter.] Whenever 
 an entry or air-way becomes so dry that the air 
 becomes charged with dust, the owner, lessee or 
 agent shall cause such entry or air-way to be 
 sprinkled, and all accumulated matter, explosive 
 in its nature, shall be removed from the mine. 
 (Sec. 956.) 
 
 [Quantity of oil in mine restricted.] No oil 
 shall be taken into or stored in a mine except 
 as may be required to be opened for use within 
 two days thereafter; and in no case shall more 
 than two barrels of oil be kept at any one place, 
 and not more than ten barrels of oil shall be had 
 in a mine at any one time. All waste oil and 
 empty barrels shall be promptly removed from 
 the mine. (Sec. 974, 975.) 
 
 [Location of boilers at mine.] The per- 
 manent boilers used for generating steam, and 
 the buildings containing the boilers, shall not 
 be nearer than sixty feet to any mine opening or 
 to a building or inflammable structure connected 
 with or surrounding such opening. (Penalty, Sec. 
 976.)
 
 55 
 
 Sec. 945. [Relating to underground stables.] 
 The owner, lessee or agent of a coal mine at 
 which the live stock is kept underground, shall 
 observe the following: The stable or stalls shall 
 be separated from the main inlet and main outlet 
 air-courses by not less than twenty feet of solid 
 strata or a solid wall of brick or masonry not 
 less than twelve inches in thickness, except at 
 two doors not more than five feet wide, which 
 shall be made of steel plate, not less than one- 
 quarter inch in thickness and hinged to the solid 
 strata or masonry without the use of wood; the 
 ventilation for the stable shall be taken from 
 main inlet air-course by a by-pass or separate 
 split and returned to the main outlet air-course 
 so that the air passing the stables will not enter 
 the inward working places of the mine, and ar- 
 ranged so that the by-pass or split can readily 
 be closed at both inlet and outlet sides of the 
 stable by steel doors hinged to the solid strata 
 or masonry without the use of wood; the con- 
 struction of the stable inside shall be free from 
 pine or light lumber; shall be of brick or ma- 
 sonry as much as practicable, and any timber 
 used shall be of hardwood of a cross section not 
 less than three by six inches; no hay or straw 
 shall be taken into the mine or stable unless same 
 be compressed into compact bales, and then only 
 from time to time in such quantities as will be 
 required for two days' use; no greater quantity 
 of hay or straw shall be stored in the mine or 
 stable, and when such is taken into the mine it 
 shall be taken inside the stable at once; the 
 lights used in the stable shall be incandescent
 
 56 
 
 electric lamps, placed so that same will not be 
 injured by the stock or by persons required to 
 enter the stable, or lanterns of railroad type 
 suitable for using lard or signal oil, and only 
 such oil shall be used therein; all refuse and 
 waste shall be promptly removed from the stable 
 and the mine, and shall not be allowed to accumu- 
 late. Stables constructed underground after the 
 passage and approval of this act, shall be located 
 not nearer than one hundred and fifty feet of 
 any opening to the mine used as a means of in- 
 gress or egress. (Sec. 955, 960; Penalty, Sec. 
 976.) 
 
 Sec. 946. [Relating to use of gasoline in 
 mines.] No gasoline, naphtha or kerosene engine 
 shall be used in a mine, except for operating 
 pumping machinery where electric, compressed air 
 or steam power is not available or cannot be 
 transmitted to the pump, and then the owner, 
 lessee or agent shall observe the following: 
 Notice shall be made to the chief inspector of 
 mines before installing, and the installation and 
 operation shall be subject to his approval: No 
 wood or inflammable material shall be permitted 
 nearer than twenty-five feet of the engine: The 
 supply tank from which the gasoline, naphtha or 
 kerosene is fed to the engine, shall be of metal, 
 with a suitable screw cap opening, fitted with a 
 gasket, so as to make the tank air-tight and 
 prevent the escape of gas into the atmosphere, 
 and the tank kept free from leaks: The gaso- 
 line, naphtha or kerosene shall be fed from a 
 tank to the carburetor or mixer by metal tubes
 
 57 
 
 securely connected so as to reduce the possi- 
 bility of leaks to a minimum: The exhaust 
 from the engine shall be conducted by means of 
 metal pipes into the return air current, so that 
 the fumes of combustion will not enter the work- 
 ings of the mine where the men are required to 
 work, or be conducted in an upcast shaft or 
 slope not used as a means of ingress or egress, 
 or through metal pipes to the surface: At no 
 time shall there be more than five gallons of 
 gasoline, naphtha or kerosene in the supply tank; 
 at no time shall more than five gallons of same 
 be taken into the mine at any one time, and 
 at no time shall there be more than ten gallons 
 in the mine, including that in the supply tank: 
 No gasoline, naphtha or kerosene shall be taken 
 into the mine except in metallic cans, with a 
 screw cap opening at the top, fitted with a 
 suitable gasket: No package or can, or the sup- 
 ply tank of an engine, containing gasoline, naph- 
 tha or kerosene, shall be opened until ready to 
 make the transfer from the package or can to 
 the supply tank, and in transferring, a funnel 
 shall be used so as to avoid spilling the gasoline, 
 naphtha or kerosene, and the cap on the supply 
 tank shall be immediately closed: In no case 
 shall the package, can, or the supply tank, be 
 opened, with any open light or other thing con- 
 taining fire within twenty-five feet of same. (Pen- 
 alty, Sec. 976.) 
 
 Sec. 947. [Relating to use of electricity in 
 mines.] The owner, lessee or agent of a mine 
 in which electricity is used as a means of power,
 
 58 
 
 shall observe the following in the application 
 thereof: 
 
 [Trolley wires.] All trolley wires shall be 
 carried at least six inches outside of and parallel 
 with the track rail on the side the trolley wire is 
 located. When regular height is less than six 
 feet six inches from top of rail, the lower side 
 of trolley wire must not exceed six inches from 
 the roof or cross-timber with hangers now in use, 
 with hangers not to exceed twenty-five feet be- 
 tween centers, and the tension sufficient to keep 
 all wires from sagging and to prevent trolley 
 wheel from coming in contact with roof or cross- 
 timbers. All new hangers hereafter installed 
 shall not exceed five inches in depth from lower 
 side of the trolley wire to the roof or cross- 
 timbers. 
 
 [Wires crossing traveling ways.] All trolley 
 and positive feed wires crossing places where 
 persons or animals are required to travel, shall 
 be safely guarded or protected from such per- 
 sons or animals coming in contact therewith. 
 
 [Wires opposite rooms and refuge holes.] All 
 trolley and positive feed wires shall be placed 
 on opposite side of track from refuge holes or 
 necks of rooms. 
 
 [Bare wires; when not to extend into work- 
 ing places.] No trolley wire shall be extended 
 into or maintained in any room while being used 
 as a working place; no trolley or feed wire shall 
 be extended into any entry beyond the outside 
 corner of the last breakthrough.
 
 59 
 
 [Switches and circuit-breakers.] Switches or 
 circuit-breakers shall be provided to control the 
 current at the mine, and at all important points 
 in the mine. 
 
 [Machine feed wires and insulators.] All 
 machine feed wires shall be placed as near the 
 rib and roof or cross-timbers as practicable; the 
 positive wire to be carried not to exceed three 
 inches from the rib and roof or cross-timbers, 
 measured at the insulators, which shall be so 
 placed as to keep the wire at least six inches 
 outside of the track rail on the side the wire is 
 located. Insulators shall be placed not exceeding 
 fifty feet c^art, and all wires shall be carried 
 so that sai.:e will be not less than six inches 
 outside of the track rail at any point on the side 
 the wire is located. All positive wires shall be 
 carried on glass or porcelain insulators, or in- 
 sulators equally efficient. All negative wires shall 
 be carried on suitable fixtures, and when carried 
 in same entry as the positive wire, shall be 
 carried on the same side of the entry as the 
 positive wire, and as close to it as practicable. 
 When machine or feed wires are carried in same 
 entry as trolley wire, they shall be placed on 
 the same side as the trolley wire, between trolley 
 wire and rib. Nothing in the foregoing shall re- 
 quire negative wires being carried in same entry 
 with positive wire. 
 
 [Wires in shafts or slopes.] When necessary 
 to carry wires down shafts or slopes used as 
 traveling ways, the wires must be thoroughly
 
 60 
 
 cased or protected, so that persons cannot be 
 shocked therefrom. 
 
 [Wires; how placed in rooms.] Positive 
 machine feed wires, when extended into rooms, 
 shall be placed not nearer than four feet of the 
 track, where the room is of sufficient width, and 
 the same shall only be connected to the positive 
 wire or wires on the entry while in actual use. 
 The material used for making such connection 
 shall be of sufficient length to reach across the 
 entry, and when same is disconnected, it shall 
 be kept with the machine operating at such 
 point or working place. No electric wires shall- 
 be extended into any room unless a one hundred 
 and fifty foot cable will not reach the face of 
 the room, and then not beyond the outside corner 
 of the last breakthrough. 
 
 [Protection of terminal ends.] All terminal 
 ends of positive wires shall be guarded so as 
 to prevent persons inadvertently coming in con- 
 tact therewith. 
 
 [Connection of negative wires, pipe lines and 
 track. Bonding of track.] The bonded track, 
 the negative wires and metallic pipe lines, when 
 coming near each other, may be connected to- 
 gether at intervals not exceeding five hundred 
 feet, and any track used as the return or earth 
 system shall be properly bonded. In no case shall 
 a pipe line, or any part thereof, be used ex- 
 clusively as the return, and when connected to 
 the earth system, the negative wire or bonded
 
 61 
 
 track shall be of ample capacity, exclusive of 
 the pipe line, to carry the current. 
 
 [Trolley wires; how erected.] The trolley 
 wire shall be carried upon hangers or other fix- 
 tures which will properly insulate it from con- 
 tact with the roof or other substances, and so 
 the trolley wheel can trail without the necessity 
 of being constantly attended for that purpose, 
 and no trolley shall be run on any wire not 
 so carried. 
 
 [Locomotive must not be operated im- 
 properly.] No locomotive shall be operated by 
 means of a person holding and sliding upon or 
 frequently making contact with the positive wire 
 with any device attached to the cable as a sub- 
 stitute for a trolley, but these provisions shall 
 not prohibit the operation of a locomotive by 
 means of a cable without the use of the trolley, 
 provided the cable be connected to and discon- 
 nected from the positive wire when the loco- 
 motive is not in motion. 
 
 [Protection to machine cable crossing entry 
 track.] Means shall be provided by which ma- 
 chine runners may readily carry the machine 
 cable from the machine to the feed wires on one 
 side of the entry, either under or over the track 
 rails, in the entry where such wires are located, 
 and so the cable will not come in contact with 
 such track rails, thereby reducing the danger 
 of shock to persons or animals required to travel 
 such entry, to the minimum. (Sec. 911, 948; Pen- 
 alty, Sec. 976.)
 
 Sec. 948. [Voltage at mines hereafter elec- 
 trically equipped.] The owner, lessee or agent 
 of a mine at which electricity with a pressure 
 or potential of more than three hundred and 
 twenty-five volts, or alternating current, is used, 
 shall, in addition to the provisions of the pre- 
 ceding section, observe the following: 
 
 [Limit to voltage in or about working places.] 
 At each mine equipped with electric power after 
 the passage and approval of this act, the cur- 
 rent used to operate gathering locomotives, min- 
 ing machines, shearing machines, drills and other 
 machinery, used in or about the working places 
 of the mine, shall not exceed in pressure or 
 potential, three hundred ' and twenty-five volts, 
 direct current, as shown at the nearest switch- 
 board, and the wires conducting the power from 
 the nearest switchboard shall not carry a higher 
 pressure cr potential. 
 
 [Relating to alternating current.] At each 
 mine equipped with electric power after the pas- 
 sage and approval of this act, no alternating cur- 
 rent shall be used underground to operate any 
 machinery other than that necessary to convert 
 the alternating current to direct current, and no 
 wires carrying alternating current shall be used 
 underground except same be carried in an entry 
 or passage-way where persons and animals are 
 not permitted to travel. 
 
 [Relating to higher voltage mines hereafter 
 equipped.] At each mine equipped with electric 
 power after the passage and approval of this act,
 
 63 
 
 when the current used to operate haulage loco- 
 motives, pumps and other machinery not located 
 in or about the working places of the mine, is 
 of a pressure or potential in excess of three hun- 
 dred and twenty-five volts, direct current, the 
 entry or passage way where such wires are car- 
 ried shall not be designated or permitted to be 
 used as the principal traveling way, and when 
 designated or used as the escapement way, the 
 wires shall be protected so that persons required 
 to travel near same in emergencies will not in- 
 advertently come in contact therewith. No pres- 
 sure in excess of six hundred and fifty volts at 
 the switchboard shall be used underground. 
 
 [Relating to higher voltage, mines heretofore 
 equipped.] At each mine equipped with electric 
 power prior to the passage and approval of this 
 act, where the pressure or potential is in excess 
 of three hundred and twenty-five volts, direct 
 current, or where alternating current is used, 
 and the conditions surrounding the use of same 
 are such, in the opinion of the chief inspector of 
 mines, that the provisions of the preceding sec- 
 tion do not provide the required protection from 
 shock to persons employed therein, such ad- 
 ditional safeguards shall be employed as may be 
 required by the chief inspector of mines, and 
 the district inspector of mines, jointly. (Sec. 911, 
 947; Penalty, Sec. 976.) 
 
 Sec. 949. [Relating to construction of new 
 mines.] Any person, firm or corporation begin- 
 ning the opening of a mine, whether such person,
 
 64 
 
 firm or corporation be the owner, lessee or agent 
 of the property upon which such mine is located, 
 or not, shall observe the following in the con- 
 struction of such mine: If the opening be a 
 slope or vertical shaft, no explosive used therein 
 shall be fired by means of a squib or fuse after 
 the same is extended more than twenty-five feet 
 from the surface, and thereafter and until the 
 slope or shaft reaches the seam, and the entry 
 or landing be extended beyond a breakthrough 
 or other place driven at right angles thereto, 
 no explosive shall be fired except by means of 
 an electric battery operated from the surface 
 after all persons are on the surface. A sub- 
 stantial structure to sustain sheave wheels or 
 pulleys, ropes and loads, shall be provided, and 
 if the opening be a shaft, the same shall be 
 placed at a height of not less than twenty feet 
 above the tipping place. A landing platform shall 
 be arranged in such manner that no material can 
 fall into the shaft while the bucket is being 
 emptied, and in no case shall the shaft be sunk 
 to a depth of more than thirty feet without such 
 structures. If the bucket used for hoisting ma- 
 terial is to land on a truck, the track on which 
 said truck is operated, and the platform, shall 
 be so constructed that material cannot fall into 
 the shaft. Rock and coal shall not be hoisted 
 from a shaft or slope except in a bucket or 
 "cage attached to the rope by a safety hook, 
 clevis, or other safe attachment, and the bucket 
 or cage securely locked so that same cannot tip 
 or empty while being hoisted. The rope shall 
 be fastened to the side of the drum, and not
 
 .65 
 
 less than three coils of rope shall always re- 
 main on the drum. After the shaft reaches a 
 depth of one hundred feet, the same shall be pro- 
 vided with guides and guide attachments, ap- 
 plied in such a manner as to prevent the bucket 
 from swinging while being lowered or hoisted, 
 and said guides and guide attachments shall be 
 maintained at a distance of not more than 
 seventy-five feet from the bottom of the shaft. 
 The sides of all shafts shall be properly secured 
 for safety, and no loose rock or material shall 
 be allowed to remain on any timber in the shaft 
 after each blast. All loose timber, tools, and 
 materials, shall be kept away from the top of 
 the shaft, so as to reduce the danger of same 
 falling down the shaft. Where explosive gas is 
 encountered, the person in charge shall see that 
 the shaft or slope is examined before each shift 
 of men enter to work, and before the men de- 
 scend after each blast. Provision shall be made 
 for the proper ventilation of the slope, or shaft, 
 so that persons working therein will have the 
 necessary air. An efficient brake shall be at- 
 tached to each drum of an engine used in hoist- 
 ing material and persons, and all machinery, 
 ropes and chains connected therewith shall be 
 carefully examined once each twelve hours. Not 
 more than four persons shall be lowered or 
 hoisted in or on a bucket at one time, and no 
 person shall be permitted to ride on a loaded 
 bucket. The bucket used in lowering or hoist- 
 ing persons shall be equipped with proper safety 
 devices, so that same cannot become detached 
 from the rope or cable, and cannot tip or turn
 
 66 
 
 upside down while being so used. The chief in- 
 spector of mines, and the district inspector of 
 mines, shall have jurisdiction over such mine 
 when the shaft or slope reaches a depth of 
 twenty-five feet, and such person, firm or corpora- 
 tion shall comply with any order issued by either 
 or both of them with respect to the safety of 
 persons employed. Other than the provisions 
 herein, the provisions of this act shall not apply 
 to the opening of a mine until such opening 
 reaches the seam, and the entry or landing be ex- 
 tended beyond a breakthrough, or other place 
 driven at right angles thereto. (Penalty, Sec. 
 976.) 
 
 Sec. 950. [Additional openings; when and 
 how provided for.] When, in the opinion of the 
 district inspector of mines, together with the 
 chief inspector of mines, the ways and means of 
 egress in any mine under their jurisdiction, from 
 the interior working places to the surface, as 
 provided for in this act, are inadequate as a safe 
 and ready means of escape in case of probable 
 emergency, and there are extra hazards of a 
 permanent nature that cannot be removed either 
 from long distance from the interior working 
 places to the exterior openings for egress, from 
 danger of fire at any point, or any other cairse 
 that probably will result in the entombment of 
 persons working therein, they shall jointly give 
 notice in writing to the owner, lessee or agent of 
 such mine, and require an additional opening by 
 shaft, slope, or drift, from the surface: the lo- 
 cation of the interior end of such shaft, slope or
 
 67 
 
 drift, to be sufficiently near the interior work- 
 ing places in that part of the mine where such 
 persons are endangered, to afford such persons 
 safe and ready means of escape, free from such 
 hazards. If the owner, lessee or agent of such 
 mine on the one part, and the district inspector 
 of mines together with the chief inspector of 
 mines on the other part, fail to agree as to the 
 location of such additional opening, or, if the 
 owner, lessee or agent of such mine considers 
 that the conditions and nazards enumerated in 
 such notice do not justify the requirement of 
 such additional opening, such owner, lessee or 
 agent, may, within five days after receiving such 
 notice, appeal against such requirement on the 
 part of the district inspector of mines and the 
 chief inspector of mines, to any court of com- 
 petent jurisdiction within the state. (Sec. 932; 
 Penalty, Sec. 976.)
 
 Relating to Superintendent, Mine- 
 Foreman and Over-Seer. 
 
 69
 
 RELATING TO SUPERINTENDENT, MINE- 
 FOREMAN AND OVER-SEER. 
 
 Sec. 951. [Duties of superintendent.] The 
 superintendent in charge of a mine shall see that 
 the provisions of this act are carried out, and 
 shall, in case of an accident resulting in the 
 death of or injury to persons, carefully investi- 
 gate such accident, and report to the chief in- 
 spector of mines, as provided for in this act, and 
 to the owner, lessee or agent of the mine. He 
 shall give such other notice to the chief in- 
 spector of mines as required by the provisions 
 of this act, and shall co-operate with the mine- 
 foreman and direct him as may be necessary in 
 securing a compliance with the provisions of 
 this act, and the safety of the persons employed 
 in the mine. Nothing herein shall prohibit the 
 superintendent from fulfilling the duties of mine- 
 foreman. (Sec. 940, 952, 953, 965; Penalty, Sec. 
 976.) 
 
 Sec. 952. [Duties of mine foreman.] The 
 mine-foreman shall attend personally to his 
 duties in the mine, carry out all the provisions 
 set forth in this act, see that the regulations 
 prescribed for each class of workmen under his 
 charge are carried out in the strictest manner 
 possible, and see that any deviations from any 
 of them are promptly adjusted. (Sec. 953, 965.) 
 
 [When ventilation stops.] In case of acci- 
 dent to a ventilating fan, or its machinery, 
 71
 
 whereby the ventilation of the mine would be 
 seriously interrupted, he shall promptly order 
 the men to immediately withdraw from the mine 
 and not return to their work until the ventila- 
 tion has been restored, and his permission to 
 enter is given; if at a mine which generates 
 fire-damp, he shall not order them to return until 
 the mine has been thoroughly examined by him, 
 or his assistant, and reported to be safe. (Sec. 
 922, 923, 924.) 
 
 [Dangerous places fenced.] He shall see 
 that all dangerous places are properly fenced off, 
 and proper danger signal boards are hung on 
 such fencing that they may be plainly seen; he 
 shall also travel all air-ways, and examine all 
 the accessible openings to old workings as often 
 as is necessary to insure their safety. (Sec. 925.) 
 
 [Examination of working places.] He shaJl 
 examine each working place, or have it ex- 
 amined by his assistant, at least once each alter- 
 nate day that persons are or should be at work 
 therein, and oftener, when, in his judgment, the 
 circumstances require. He shall instruct pick 
 miners and machine runners regarding the width 
 of working places. (Sec. 956.) 
 
 Sec. 953. [When working place is unsafe.] 
 When a working place becomes unsafe from any 
 cause, he shall order the person or persons work- 
 ing therein, to cease mining or loading, and not
 
 73 
 
 to remain in such working place, except as may 
 be necessary to make it safe, until it is made safe. 
 (Sec. 956.) 
 
 [Supplying of props and timber.] He shall 
 see that the working place of each miner is 
 kept supplied with props of approximate length, 
 caps, and other timbers necessary to securely 
 prop the roof thereof. When he examines a work- 
 ing place, he shall observe the condition of the 
 roof and timbering, and instruct the workmen 
 therein as to the proper method of timbering 
 for the security of the roof. He shall give such 
 instructions to drivers, motormen, trip-riders, and 
 other persons, as may be necessary to keep a 
 supply of timber in each working place. (Sec. 
 933, 956.) 
 
 [Miner without props or timber.] When he 
 finds a miner in a working place without the 
 necessary props, caps or timbers to securely prop 
 the roof thereof, he shall order such miner to 
 leave such working place until the required 
 timber is supplied, which he shall attend to 
 promptly, and shall order that no cars be de- 
 livered to such miner, until timber is supplied. 
 Sec. 933, 956.) 
 
 [Measure and report of ventilation.] He 
 
 shall keep a careful watch over the ventilating 
 apparatus and air-ways, and measure the ventila- 
 tion at least once each week, at the inlet and 
 outlet, and at or near the face of all entries; 
 which measurement shall be noted on blanks fur-
 
 nished by the chief inspector of mines. On the 
 first day of each month, he shall sign such blanks, 
 properly filled with the actual measurements, and 
 forward them to the chief inspector of mines. 
 (Sec. 922, 923, 924, 952.) 
 
 [Record of boys employed.] He shall keep 
 a record of the boys under sixteen years of age 
 employed by him, or by any other person, giving 
 the name, age, place of birth, name and resi- 
 dence of parents, and character of employment. 
 He shall require written evidence from the 
 parent or guardian of each of said minors, that 
 the requirements of the school laws of this state 
 have been complied with. (Sec. 912, 944.) 
 
 [Assistant mine-foreman.] The duties of 
 mine-foreman shall apply to assistant mine-fore- 
 man, when acting for the mine-foreman, or in 
 discharging the duties thereof. (Sec. 952, 965; 
 Penalty, Sec. 976.) 
 
 . Sec. 954. [Relating to over-seer.] The over- 
 seer shall visit the working place of each -in- 
 experienced person engaged at mining or load- 
 ing, at such intervals as provided for in this act, 
 and instruct them as to their work and safety 
 and assist them in caring for their safety. He 
 shall instruct such persons not to handle or use 
 any explosives except in his presence, until they 
 have been employed in a mine not less than 
 three months, and not then until he is satisfied 
 that such persons are fully competent to handle 
 and use same with safety. When, in his judg-
 
 ment, such persons require more frequent super- 
 vision than provided for in this act, he shall 
 visit their working places as frequently as in his 
 judgment the circumstances require. The fore- 
 going shall not prohibit the mine-foreman from 
 fulfilling the duties of over-seer, so long as all 
 the provisions of this act are complied with. 
 (Sec. 965; Penalty, Sec. 976.)
 
 Relating to Stableman and Fire-Boss. 
 
 77
 
 RELATING TO STABLEMAN AND FIRE-BOSS. 
 
 Sec. 955. [Duties of stableman.] The stable- 
 man shall see that the provisions of this act 
 relating to stables are carried out, and shall for 
 bid persons not required by duty, to enter the 
 stable or loiter in or about same, whether the 
 stable be inside of the mine or on the surface. 
 (Sec. 945, 960.) 
 
 [Duties of fire-boss.] The fire-boss shall ex- 
 amine with a safety lamp each working place, 
 whether same is in the actual course of work- 
 ing or not, the traveling ways and entrances to 
 old workings in the mine every morning, not 
 more than three hours prior to the appointed 
 time for the employes to enter the mine. As 
 evidence of such examination, he shall mark 
 with chalk upon the face of the coa 1 , or in some 
 other conspicuous place, his initials and date 
 of the month. If there is any standing gas dis- 
 covered, he shall leave a danger signal across 
 every entrance to such place. 
 
 [Report on blackboard.] He shall make a 
 report on a blackboard provided on the outside 
 of the mine for that purpose, and arranged so 
 the men can conveniently inspect it. showing the 
 condition of the mine as to the presence of fire- 
 damp, and indicating the place, or places, where 
 present, if any is present, before he permits any 
 person to enter the mine. He shall examine parts 
 79
 
 80 
 
 of the mine not in the actual course of working 
 and available, not less than once each three 
 days. 
 
 [Written report.] The fire-boss shall make a 
 written report, which shall be kept in the office, 
 or some place at the mine where it can be seen 
 by the mine inspector when called for. He shall 
 ee that every part of the mine is kept free 
 from standing gas, and that all old workings are 
 properly fenced off, as provided for in this act. 
 He shall return to the mine with the miners 
 and remain there at least one hour, attending 
 to the removal of any standing gas. He shall ex- 
 amine the mine on idle days and Sundays if any 
 men are required to work in any part of it, and 
 if more than three hours elapse between the day 
 turn leaving and night turn starting, the places to 
 be worked by night turn must be examined by 
 him with a safety lamp, and reported safe be- 
 fore persons go to them. (Sec. 925, 959; Pen- 
 alty, Sec. 976.)
 
 Relating to Employes Generally. 
 
 81
 
 RELATING TO EMPLOYES GENERALLY. 
 
 Sec. 956. [Duties of miner. Examination of 
 working place.] Each miner shall examine his 
 working place upon entering same, and shall not 
 commence to mine or load until it is made safe. 
 He shall be very careful to keep his working 
 place in a safe condition at all times. (Sec. 952.) 
 
 [Shall cease work when place is dangerous.] 
 Should he at any time find his place becoming 
 dangerous from any cause or condition, he shall 
 at once cease work, and notify the mine-foreman, 
 or assistant mine-foreman, of such danger, and, 
 upon leaving such place, he shall place some plain 
 warning at the entrance thereto, to warn others 
 from entering into the danger, and shall not re- 
 turn until ordered to do so by the mine-foreman, 
 or assistant mine-foreman. (Sec. 953.) 
 
 [Shall prop roof, etc.] Each miner, or other 
 person employed in a mine, shall securely prop 
 the roof of the working place therein under his 
 control, and shall obey any order, or orders, given 
 by the superintendent or mine-foreman relating 
 to the width of working places, and to the se- 
 curity of the mine in the part thereof where he is 
 at work, and for fifteen feet back from the face 
 of his working place. Such miner, or other per- 
 son, shall not be held to have violated the pro- 
 visions of this clause if the owner, lessee or 
 agent fails to supply the necessary props, caps, 
 83
 
 84 
 
 and timbers, as provided far in this act. (Sec. 
 933, 953.) 
 
 [Shall not waste props, etc.] Each miner, cr 
 other person shall avoid waste of props, caps, 
 timber, or other material. When he has props, 
 caps, timber, or other material unsuited for his 
 purpose, he shall not cover up or destroy same, 
 but shall place it near the track where it can be 
 readily seen. (Sec. 933, 953.) 
 
 [Blasting when fire-damp is generating.] He 
 shall not fire a blast in any working place which 
 is likely to generate sudden volumes of fire-damp, 
 or where "locked safety lamps are used, except 
 with the consent of the mine-foreman, or other 
 competent person designated by the mine-fore- 
 man for that purpose. (Sec. 962.) 
 
 [Blasting when restricted to specific times.] 
 At a mine where the firing of shots is restricted 
 to specific times, no miner shall fire a shot until 
 the time appointed for him to do so, and then 
 only in such rotation as designated. (Sec. 962.) 
 
 [Examination after blasting.] After each 
 blast, he shall exercise great care in examining 
 the roof and coal, and shall secure them safely 
 before beginning to load coal. (Sec. 962.) 
 
 [Shall post after undermining.] After the 
 coal is undermined, he shall, before shooting the 
 coal, properly post the roof of his working place. 
 
 [Must not go under draw-slate.] When draw- 
 slate is over the coal, he shall not go underneath
 
 85 
 
 the draw-slate until it is made safe from falling, 
 by securely posting it, and he shall not remove 
 the posts until the coal is removed and he is 
 ready to take down the draw-slate. 
 
 [Shall load fine coal.] He shall not place in 
 the gob or refuse pile, or cover up, any fine coal 
 or coal dust, but shall load same into cars. (Sec. 
 944; Penalty, Sec. 976.) 
 
 Sec. 957. [Duties of machine men.] Machine 
 runners and helpers shall use care while oper- 
 ating mining machines. They shall not operate 
 a machine unless the shields are in place, and 
 shall warn persons not engaged in the operating 
 of a machine of the danger in going near the 
 machine while it is in operation, and shall not 
 permit such persons to remain near the machine 
 while it is in operation. They shall examine the 
 roof of the working place and see that it is 
 safe before starting to operate the machine. 
 They shall not move the machine while the cut- 
 ter chain is in motion. When connecting the 
 power cable to the electric wires, they shall 
 make the negative or grounded connections be- 
 fore connecting to the positive, and when dis- 
 connecting the power cable, shall disconnect 
 from the positive line before disconnecting the 
 negative or grounded. When positive feed wires 
 extend into rooms, they shall connect such wires 
 to the positive wire on the entry before connect- 
 ing the power cable, and as soon as the power 
 cable is disconnected shall disconnect such wire 
 from the wire on the entry. They shall use care
 
 86 
 
 that the cable does not make contact with metal- 
 lic rails of the track, and shall avoid, where pos- 
 sible, leaving the cable in water. If they remove 
 props which have been placed by the miner for 
 the security of the roof, they shall reset such 
 props as promptly as possible. (Sec. 941; Pen- 
 alty, Sec. 976.) 
 
 Sec. 958. [Duties of motormen and trip- 
 riders.] Motormen and trip-riders shall use care 
 in handling the locomotive and cars, and shall see 
 that the signal or marker, as provided for, is 
 used as provided, and shall be governed by the 
 speed provided for in this act in handling cars. 
 
 They shall not run the locomotive with the 
 trolley ahead of the locomotive, except in cases 
 where they cannot do otherwise, and then only 
 at a speed of two miles per hour. 
 
 They shall warn persons forbidden to ride on 
 the locomotive or cars, and shall not permit such 
 persons to ride on locomotive or cars contrary 
 to the provisions of this act. 
 
 [Duties of trip-rider, rope haulage.] The 
 trip-rider in charge of rope haulage trips shall 
 see that the signal light, as provided for in this 
 act, is in place and in proper condition before 
 starting trip. 
 
 [Drivers.] Drivers shall use care in handling 
 cars, especially going down extreme grades, and 
 at junction points. 
 
 [Those in charge of trips of cars shall see 
 that doors are closed.] Motormen, trip-riders and
 
 87 
 
 drivers in charge of haulage trips passing through 
 doors used as a means of directing the ventila- 
 tion, shall see that such doors are closed promptly 
 after the trip passes through. (Sec. 923, 943, 961; 
 Penalty, Sec. 976.) 
 
 Sec. 959. [Persons must not enter mine until 
 fire-boss reports.] No person shall enter a mine 
 generating fire-damp so as to be detected by a 
 safety lamp, until the fire-boss makes a report 
 outside the mine on a blackboard provided for 
 that purpose, and arranged where the men can 
 conveniently inspect it. No person shall go be- 
 yond a danger signal, until all standing gas dis 
 covered has been removed or diluted and rendered 
 harmless by a current of air. (Sec. 925, 955.) 
 
 [Persons ordered to withdraw must not re- 
 Center without permission.] Any person being 
 ordered by the mine-foreman to withdraw from 
 the mine on account of the interruption of the 
 ventilation shall not re-enter the mine until given 
 permission to do so by the mine-foreman. (Sec. 
 952.) 
 
 [Not more than ten persons on a cage.] When 
 more than ten persons get on a cage or elevator 
 to be lowered into a mine, or to be hoisted out 
 of a mine, the person in charge of the lowering 
 and hoisting of such persons shall order a suf- 
 ficient number to get off to reduce the number 
 to ten persons, and the persons so ordered shall 
 immediately comply. (Sec, 929.)
 
 [Employes shall not loiter.] Each employe 
 of a mine shall go to and from his place of duty 
 by the traveling ways provided; shall not travel 
 around the mine, or the buildings, tracks or ma- 
 chinery connected therewith, where duty does 
 not require, and when not on duty, shall not 
 loiter at, in, or around the mine, the buildings, 
 tracks or machinery connected therewith. 
 
 [Intoxicants.] No person shall go into, at, or 
 around a mine, or the buildings, tracks or ma- 
 chinery connected therewith, while under the in- 
 fluence of intoxicants. No person shall use, carry, 
 or have in his possession, at, in. or around a 
 mine, or the buildings, tracks or machinery con- 
 nected therewith, any intoxicants. 
 
 [Must not go beyond danger signal.] No per 
 son other than the fire-boss shall remove or go 
 beyond any caution board or danger signal placed 
 at the entrance to any working place, or to the 
 entrance to any old workings in a mine. 
 
 Sec. 960. [Intent to defraud.] Xo person 
 shall erase or change a mark of reference or 
 monument made in connection with measure- 
 ments; change the checks on cars; wrongfully 
 check a car, or do any act with intent to de- 
 fraud. 
 
 [Fire must not be taken into stable.] Xo 
 person shall take a lighted pipe, or other thing 
 containing fire, except lanterns as provided for, 
 into any stable or barn. (Sec. 945-955.)
 
 89 
 
 [Must not obstruct airway.] No person shall 
 place refuse in, or obstruct any airway or break- 
 through used as an airway. 
 
 [Injuries to mine by workmen and others.] 
 No workman, or other person, shall knowingly 
 injure a water gauge, barometer, air-course, brat- 
 tice, equipment, machinery, or live stock; ob- 
 struct or throw open an airway; handle or dis- 
 turb any part of the machinery of the hoisting 
 engine of a mine; open a door of a mine and 
 neglect to close it; endanger the mine or those 
 working therein; disobey an order given in pur- 
 suance of law, or do a willful act whereby the 
 lives and health of persons working therein, or 
 the security of a mine, or the machinery con- 
 nected therewith may be endangered. (Penalty, 
 Sec. 976.) 
 
 Sec. 961. [Persons not permitted to ride on 
 haulage trips.] No person or persons except 
 those in charge of trips, superintendents, mine- 
 foremen, electricians, machinists and blacksmiths, 
 when required by their duty, shall ride on haulage 
 trips, except where by mutual agreement in writ- 
 ing, between the owner, lessee or agent, and the 
 employes, a special trip of empty cars is run for 
 the purpose of taking employes into and out of 
 the mine, or empty cars are attached to loaded 
 trips, which shall not be run at a speed exceed- 
 ing eight miles per hour. No person except a 
 trip rider shall ride on loaded car or cars, and 
 he shall ride only the front or rear end of the 
 trip. (Sec. 958.)
 
 90 
 
 [Size of lamps for open lights.] No person, 
 except as hereinafter provided for, shall use in 
 any coal mine, any oil lamp for the purpose of 
 maintaining an open light, more than two and 
 one-half inches in height, with spout not more 
 than three inches long, with opening not more 
 than three-eighths inch in diameter; provided, 
 however, that mine-foreman, electricians, ma- 
 chinists, motormen, trip-riders, drivers, and other 
 persons whose duties require them to ride on 
 moving trips, work in main air current, or travel 
 frequently from place to place, may use lamps 
 not exceeding three and one-half inches in height, 
 with spout not more than four and one-half inches 
 long, with opening not more than five-eighths of 
 an .inch in diameter. (Sec. 943; Penalty, Sec. 
 976.) 
 
 Sec. 962. [Handling and storing of explo- 
 sives.] No workman shall have at any one time 
 more than one twenty-five pound keg of blasting 
 powder in the mine, nor more than three pounds 
 of high explosives, and no person shall keep 
 blasting powder or explosives dangerously near 
 the electric wire or power cable in any part of 
 the mine where electric wires are in use. No 
 blasting powder, or other explosive, shall be 
 stored in any mine except as above provided. 
 
 [Explosives kept in boxes.] Every person 
 who has powder or other explosives in a mine 
 shall keep same in a wooden box, or boxes, se- 
 curely locked, and said boxes shall be kept at 
 least five feet from the track, and no two powder
 
 91 
 
 boxes shall be kept within twenty-five feet of 
 each other, nor shall blasting powder and high 
 explosives be kept in the same box, and in no 
 case shall detonating caps be kept in a box with 
 blasting powder or high explosives. 
 
 [Fire must be kept from explosives.] When- 
 ever a workman is about to open a box, package 
 or keg containing powder or other explosives, 
 and while handling the same, he shall place and 
 keep his lamp at least five feet distant from said 
 explosive, and in such position that the air cur- 
 rent cannot convey sparks to it; and no person 
 shall approach nearer than five feet to any open 
 box, keg or package containing powder or other 
 explosives, or within five feet of another person 
 handling such explosives, with a lighted lamp, 
 lighted pipe, or other thing containing fire. 
 
 [Conveying of explosives.] Blasting powder 
 or explosives must not be taken into or out of 
 a mine, or moved from place to place in a mine 
 along any entry or haulway where there are 
 electric wires, while the power is on such wires, 
 except when such powder or explosive is con- 
 veyed in insulated cars or packages. 
 
 [Explosives and tools on cages or stairways.] 
 Powder, explosives and working tools shall not be 
 taken down or up a hoisting shaft in a cage 
 when men are going down or up; nor shall they 
 be taken down or up a stairway used for ingress 
 and egress of persons. (Sec. 956, 963; Penalty, 
 Sec. 976.)
 
 92 
 
 Sec. 963. [Squibs and fuses; missed shots.] 
 Any workman who is about to fire a shot with a 
 squib, shall not shorten the fuse, saturate it 
 with oil, nor ignite it except at the extreme end; 
 he shall see that all persons are out of danger 
 from the probable effects of such shot, and if 
 it be a rib shot, he shall notify the person or 
 persons working next to him on said rib before 
 firing said shot, and shall take measures to pre- 
 vent any one approaching by shouting "fire" im- 
 mediately before lighting the fuse. 
 
 When a squib is used and a shot misses 
 fire, no person shall return until five minutes 
 shall have elapsed. 
 
 When a fuse is used and a shot misses fire, 
 no person shall return until one hour for each 
 foot of fuse used shall have elapsed. 
 
 The needle used in preparing a blast shall 
 be made of copper, and the tamping bar shall 
 be made of wood, or shall be tipped with at least 
 five inches of so^d copper. 
 
 No inflammable material, or any material that 
 may create a spark, shall be used for tamping, 
 and some soft material must always be placed 
 next to the cartridge or explosive. When it ^s 
 necessary to tamp dynamite, nothing but a 
 wooden tamper shall be used. (Sec. 956. 962; 
 Penalty, Sec. 976.)
 
 Relating to Persons not Employes. 
 
 93
 
 DELATING TO PERSONS NOT EMPLOYES. 
 
 Sec. 964. [Persons not employes of a mine.] 
 Persons not employes of a mine, except those 
 permitted by law, shall not enter such mine or 
 go upon the property connected therewith, un- 
 less consent of the owner, lessee or agent has 
 been secured, and then only when accompanied 
 by a guide furnished by such owner, lessee or 
 agent. This, however, shall not prohibit persons 
 seeking employment at such mine, or the duly 
 authorized representatives of the employes, from 
 entering upon the property as may be necessary 
 to make such application to the proper authority 
 or to transact business, provided such persons 
 do not enter the mine until given permission to 
 do so, and do not stand on the tracks, go near 
 the machinery, or other place of danger. (Pen- 
 alty, Sec. 976.) 
 
 95
 
 General Provisions.
 
 GENERAL PROVISIONS. 
 
 Sec. 965. [Qualifications of miner.] Each 
 person desiring to work by himself at mining 
 or loading, shall first produce satisfactory evi- 
 dence, in writing, to the mine-foreman of the 
 mine in which he is employed, or to be employed, 
 that tie has worked at least nine months with, 
 under the direction of, or as a practical miner; 
 provided, however, if the mine in which such 
 person is to be employed generates explosive 
 gas, or fire-damp, he shall have worked not less 
 than twelve months with, under the direction 
 of, or as a practical miner. Except as herein- 
 after provided, until a person has so satisfied the 
 mine-foreman of his competency, he shall not 
 work, or be permitted to work at mining or load- 
 ing unless accompanied by a competent miner. 
 
 [Inexperienced miner.] The provisions of 
 this section shall not prohibit a person not so 
 qualified from working in a mine by himself, or 
 with another inexperienced person, when such 
 person or persons work under the direction of a 
 competent overseer, as hereinafter prescribed. 
 Until such person or persons have been employed 
 in a mine for a period of not less than three 
 months, the over-seer shall visit the working 
 place of such persons not less frequently than 
 once in each four hours that such persons are 
 in the mine, and instruct them as to their work 
 and safety, and assist them in caring for their 
 99
 
 100 
 
 safety. After such persons have been employed 
 in a mine for a period of three months, and 
 until they have been employed not less than six 
 months, the over-seer shall examine the work- 
 ing place not less frequently than once during 
 each six hours that such persons are in the mine, 
 and shall instruct them as to their work and 
 safety, and assist them in caring for their safety. 
 After such persons have been employed* in a 
 mine for a period of not less than six months, 
 the over-seer shall examine the working place 
 not less than once each day until such persons 
 become qualified by having worked the period of 
 time hereinbefore provided. The over-seer shall 
 instruct such persons not to handle or use any 
 explosives, except in his presence, until they have 
 been employed in a mine not less than three- 
 months, and not then until he is satisfied that 
 such persons are fully competent to handle and 
 use same with safety. The over-seer shall visit 
 the working place of such persons oftener than 
 required herein, when, in his judgment, it Js 
 necessary to do so for the proper safety of such 
 persons. (Sec. 954; Penalty, Sec. 976.) 
 
 Sec. 966. [Oath and bond of weigh-master.] 
 Any person employed to weigh coal at a mine 
 in which ten or more miners are employed, and 
 upon the weight of which the earnings of the 
 miners depend, shall take pnd subscribe to an 
 oath before an officer authorized to administer the 
 same, that he will correctly woierh all coal taken 
 from such mine under existing contracts between 
 the owner, lessee or agent, and the miners, and
 
 161 
 
 give due credit for same; and when required by 
 existing contracts between the lessor and lessee, 
 he shall give due credit to such lessor. He shall 
 also give a bond in the sum of three hundred 
 dollars, with two sureties approved by the clerk 
 of the township in which such mine is situated, 
 conditioned for the faithful discharge of his 
 duties, and payable to the state, with the oath 
 indorsed thereon, which shall be deposited with 
 such township clerk. (Penalty, Sec. 976.) 
 
 Sec. 967. [Examination of machinery, ven- 
 tilating current, etc., by miner or owner.] The 
 miners employed in a mine may appoint two of 
 their number to act as a committee to inspect, 
 not oftener than once in every month, the mine 
 and the machinery connected therewith, and to 
 measure the ventilating current. If the owner, 
 lessee or agent so desires, he may accompany 
 such committee or appoint two or more persons 
 for that purpose. The owner, lessee or agent 
 shall afford every necessary facility for making 
 such inspection and measurement, but the com- 
 mittee shall not in any way interrupt or impede 
 the work in the mine at the time of such inspec- 
 tion and measurement. Within ten days after 
 the inspection and measurement, such committee 
 shall make a correct report thereof to the chief 
 inspector of mines, on blanks furnished by him. 
 (Sec. 906; Penalty, Sec. 976.) 
 
 Sec. 968. [Appropriation of land for mines, 
 how made.] The owner, lessee or agent of a coal 
 mine, may, when such owner, lessee or agent
 
 102 
 
 does not own or control suitable surface ground 
 for openings for the ingress and egress of per- 
 sons employed therein, for the means of ventila- 
 tion as provided for in this act, for the means 
 of draining said mine as may best protect the 
 lives and health of the persons employed therein, 
 for the protection of the employes and property, 
 for conducting the water from the mine to any 
 natural water course, or for a suitable road- 
 way from, any opening to a public highway, ap- 
 propriate as hereinafter provided, for any one or 
 more of such purposes any required intervening 
 or adjoining lands, and make openings, lay pipe 
 for conducting water, and maintain roadways into, 
 upon, over, under or through same, provided that 
 no land shall be appropriated for a roadway more 
 than twenty feet in width, and no land for any 
 other one of such purposes in excess of one- 
 quarter of an acre. Such owner, lessee or agent, 
 whether a corporation, firm or individual, shall 
 be governed in proceedings to appropriate such 
 land by the laws relating to the appropriation 
 of private property by corporations; but no land 
 shall be so appropriated unless the court is satis- 
 fied that suitable land cannot be obtained upon 
 reasonable terms. 
 
 Sec. 969. [Examination and survey of mine 
 by owner of land adjoining.] Each person own- 
 ing land adjoining a mine worked for the pro- 
 duction of coal, and each person interested in 
 such mine, who has reason to believe that the 
 protection of his interests therein or in the coal 
 on his adjoining land requires it. upon making
 
 103 
 
 affidavit to that effect before a justice of the 
 peace or other proper officer, may enter such 
 mine and have an examination or survey of it 
 made, after giving three days' notice, in writing, 
 to the owner, lessee or agent of such mine. Such 
 examination shall be made at such time, and 
 in such manner, as will least interfere with 
 the working of the mine. 
 
 [Transportation of surveying party.] When 
 the affidavit has been made, and notice given, as 
 provided in the foregoing, upon the application 
 of the person giving the notice, the person in 
 charge of such mine shall transport, by the or- 
 dinary method for entrance and exit in use at 
 such mine, a surveying party of not more than 
 three persons, furnish them a competent guide, 
 and supply them with necessary and proper 
 lamps. The person in charge of the mine shall 
 be paid by the person requesting the survey, 
 fifty cents for each person so transported, and 
 five dollars per day for the guide; but, if the 
 shaft, (if such mine be a shaft mine), exceed 
 two hundred and fifty feet in depth, he shall be 
 paid one dollar for each person so transported. 
 
 [Liability for damages caused by examina- 
 tion.] If the owner or lessee of such mine sus- 
 tain damage for which compensation should be 
 made because such examination or survey was 
 made at unreasonable times, or in an improper or 
 unwarrantable manner, the person making such 
 examination or survey, or causing it to be made, 
 shall be liable therefor to such owner or lessee.
 
 104 
 
 [Forfeiture.] The persons owning or operat- 
 ing a mine shall not hinder or obstruct sirch 
 examination or survey, if made at a reasonable 
 time, and in a reasonable manner, and as pro- 
 vided by law. 
 
 [To whom provisions concerning examination 
 and survey available.] The preceding provisions 
 for examination and survey shall be available to 
 any person, who, on his oath, states that he is 
 the owner, or authorized agent of an owner, of 
 land which he believes contains coal or com- 
 mercial products adjacent to the underground 
 workings of a mine, although it does not adjoin 
 the property of such mine. 
 
 [Action for refusal to permit examination.] 
 Upon the refusal of the owner, lessee or agent t<f 
 a mine to comply with the provisions of this sec- 
 tion, the person who makes the application for 
 the survey may recover judgment as upon de- 
 fault, in a court of competent jurisdiction, against 
 the owner, lessee or agent, in such sum as he 
 declares under oath that he believes to be justly 
 due him for coal belonging to him taken by the 
 owner, lessee or agent of the mine without his 
 permission, and the statute of limitations shall 
 not run against such claim, but the demand, and 
 refusal of permission to enter such mine, must be 
 first proven to the satisfaction of the court or 
 jury. 
 
 Sec. 970. [Checkweighman for miners.] The 
 miners employed at a mine where the earnings 
 of such miners depend upon the weight of coal
 
 log 
 
 mined, may, at their own cost, designate or ap- 
 point a competent person as checkweighman. 
 who, at all proper times, shall have full right 
 of access to and examination of the scales, ma- 
 chinery or apparatus used at such mine to de- 
 termine the correct weight of coal mined, and 
 whose duty shall be to see the coal weighed and 
 to make a correct record of such weights. Not 
 more than one person, however, on behalf of 
 the miners collectively shall have such right at 
 the same time. 
 
 [Checkweighman for landowners.] The land- 
 owners, or other persons interested in the rental 
 or royalty at such mine, may, at their own cost, 
 designate or appoint a competent person to act 
 as checkweighman for them, who- shall have the 
 same rights as the checkweighman for the miners. 
 Not more than one person, however, on behalf of 
 the landowners, or other persons interested in 
 the rental or royalty, jointly, shall have such 
 right at the same time. Checkweighmen shall 
 not interfere with the use of or tamper with such 
 scales, machinery or apparatus, nor make any 
 false entry of any weight, or in any manner ex- 
 ceed the duties prescribed herein. 
 
 [Check-measurer.] The miners employed at 
 a mine where the earnings of such miners de- 
 pend upon measurements, may, at their own cost, 
 designate or employ, not more than one of their 
 number as check-measurer to accompany each 
 mine-foreman or other person making the meas- 
 urements and see them make such measurements,
 
 106 
 
 and make a correct record of same. Each mine- 
 foreman or other person making measurements 
 may have a helper, but such helper shall not be 
 regarded as a person making measurements. The 
 person or persons designated as check-measurer 
 shall not in any manner interfere with or in- 
 terrupt the work of the mine-foreman, or other 
 person, while making such measurements. (Pen- 
 alty, Sec. 976.) 
 
 Sec. 971. [Crossing public highway.] Any 
 person, firm or corporation now or hereafter 
 owning any land containing mineral, coal, stone 
 or clay, and over any portion of which shall 
 pass any state, county or township road or pub- 
 lic highway, shall have the right and are hereby 
 authorized to drill, excavate, mine or quarry 
 through or under any such road: provided, how- 
 ever, that when any excavation is to be made 
 in such manner that the top or highest level of 
 such excavation will be extended within thirty 
 feet vertical distance of such road, then and in 
 that case before said work shall be commenced, 
 such person, firm or corporation shall execute 
 and deliver to the board of county commissioners 
 in case of state or county roads, or to the town- 
 ship trustee in case of towriship roads, a bond, 
 with good and sufficient surety in such amount 
 as shall be considered by said commission or 
 trustees sufficient to cover any damages that 
 may accrue by reason of excavating, mining or 
 quarrying through or under any such road, the 
 same to be approved by said commissioners or 
 trustees; conditioned that while crossing over
 
 lot 
 
 or mining or quarrying under any such road, a 
 safe and unobstructed passageway or road shall 
 be kept open by such person, firm or corpora- 
 tion for public use, and as soon as practicable 
 such road shall be fully restored to its original 
 safe and passable condition. When svrch crossing 
 is made by excavation at a depth of more than 
 thirty feet below the surface of such road, the 
 person, firm or corporation making same shall 
 be liable to the county commissioners or town- 
 ship trustees for any damage that may accrue by 
 reason of such excavation, and shall be held to 
 fully repair any such damage and to restore such 
 road to its original safe and passable condition. 
 The right to mine or quarry across or under 
 public highways as hereinbefore provided shall 
 accrue to the owner, lessee or agent of the land 
 Fpon or through which such highway passes. 
 (Penalty, Sec. 976.) 
 
 Sec. 972. [Right of action in case of acci- 
 dent.] In case of an injury to persons or prop- 
 erty, occasioned by a violation of any of the 
 provisions of this act, or any willful failure to 
 comply with any provision of this act by any 
 owner, lessee or agent of a mine, a right of 
 action shall accrue to the person injured, for 
 any direct damage he may have sustained there- 
 by. In case of loss of life, by reason of such 
 willful neglect or failure, a right of action shall 
 accrue to the widow and lineal heirs of the person 
 whose life has been lost, for like recovery of 
 damages for the injury they shall have sus- 
 tained.
 
 10S 
 
 [Lien on property for labor.] Each person 
 who performs labor in opening or developing any 
 coal mine, mining coal, and labor connected there- 
 with, shall have a lien upon all the property of 
 the person, firm or corporation owning, construct- 
 ing or operating such mine, for the value of 
 such labor for the full amount thereof, upon 
 the same terms, with the same rights, and to 
 be secured and enforced as mechanics liens are 
 secured and enforced.
 
 Relating to Oil and Gas Wells Through 
 Coal Measures. 
 
 109
 
 RELATING TO OIL AND GAS WELLS 
 THROUGH COAL MEASURES. 
 
 Sec. 973. [Persons drilling oil and gas wells 
 through coal measures shall observe the follow- 
 ing.] Any person, firm or corporation who drills 
 or causes to be drilled through any workable 
 seam of coal, any oil or gas well, and any per- 
 son, firm or corporation who operates any oil or 
 gas well which has been drilled through any 
 workable seam of coal, shall observe the fol- 
 lowing: 
 
 [Shall give notice to and procure permission 
 of chief inspector.] Any person, firm or corpora- 
 tion intending to drill an oil or gas well where 
 same is likely to penetrate a workable seam of 
 coal, shall give notice, in writing, of such inten- 
 tion to the chief inspector of mines, stating the 
 location of the land upon which such well is to 
 be drilled, and procure from him before proceed- 
 ing to drill, permission in writing. 
 
 [Notice from owner or lessee shall be suf- 
 ficient.] Written notice from the owner, lessee 
 or agent of the seam of coal, setting up the facts 
 that the oil or gas well to be drilled, will, or 
 that the well already drilled has penetrated a 
 workable seam of coal, shall be sufficient notice 
 to the person, firm or corporation intending to 
 drill or having drilled such well, that such well 
 will or has penetrated a workable seam. 
 Ill
 
 112 
 
 [Owner of well shall make and file map.] 
 The person, firm or corporation drilling or operat- 
 ing an oil or gas well, shall make or cause to 
 be made a map showing the location of such 
 well and the surface upon which located, and 
 for a distance of five hundred feet contiguous 
 thereto. Such map shall bear the sworn cer- 
 tificate of the engineer, and shall be filed with 
 the chief inspector of mines within ten days 
 from the time the drilling of such well is com- 
 menced; provided, however, that wells previously 
 drilled and in operation upon the passage and 
 approval of this act, such map shall be filed 
 within thirty days, and such map shall show the 
 location of each oil or gas well, building and 
 mine opening within the limits of such map. 
 
 [Well shall not be near mine opening.] No 
 oil or gas well shall be drilled hereafter nearer 
 than one hundred feet to any opening to a mine 
 used as a means of ingress or egress for the 
 persons employed therein, nor nearer than one 
 hundred feet to any building or inflammable 
 structure connected therewith. No oil or gas 
 well shall be drilled through the underground 
 workings of an operating coal mine at any point 
 which would interrupt the operations of such 
 mine, or endanger the safety of the persons em- 
 ployed therein. 
 
 [Well shall be cased.] Each well shall be 
 cased with wrought iron casing, securely con- 
 nected together by means of substantial wrought 
 iron collars of approximately the same outside
 
 113 
 
 diameter as the diameter of the drill hole, from 
 a point fifty feet below the lowest workable seam 
 of coal to the surface. 
 
 [Casing shall be left in abandoned well.] 
 When any oil or gas well which has been drilled 
 through a workable seam of coal be abandoned, 
 the wrought iron casing, as herein provided for, 
 shall be left in such well from a point fifty feet 
 below the lowest workable seam of coal to the 
 surface, and such casing shall be extended not 
 less than ten feet above the surface and protected 
 from danger of being filled by refuse by means 
 of a cast-iron elbow, securely fastened to the top 
 of such casing, and the horizontal opening se- 
 curely fitted with a substantial perforated metal 
 cap, or plug, with perforations sufficient to per- 
 mit the ready escape of gas into the atmosphere; 
 provided, however, if the well to be abandoned 
 was drilled prior to the passage of this act, has 
 penetrated a workable seam of coal, and the well 
 has not been cased as provided herein, such cas- 
 ing shall be put in before abandonment. 
 
 [Notice of abandonment shall be given to 
 chief inspector.] When any oil or gas well ts 
 abandoned, the person, firm or corporation hav- 
 ing drilled or operated such well, shall certify, 
 in writing, under oath, to the chief inspector of 
 mines, such fact. (Sec. 914; Penalty, Sec. 976.)
 
 Relating to Illuminating Oil for 
 Mines. 
 
 115
 
 .RELATING TO ILLUMINATING OIL FOR 
 MINES. 
 
 Sec. 974. [Composition of illuminating oil 
 for use in mines.] No person, firm or corpora- 
 tion shall compound, sell or offer for sale for 
 illuminating purposes in any coal mine, any oil 
 other than oil composed of not less than eighty- 
 four per cent, of pure animal or vegetable oil, or 
 both, and not more than sixteen per cent, pure 
 mineral oil. The gravity of surch animal or 
 vegetable oil shall not be less than twenty-one 
 and one-half, and not more than twenty-two and 
 one-half degrees Baume scale, measured by 
 Tagliabue or other standard hydrometer, at a 
 temperature of sixty degrees Fahrenheit; the 
 gravity of such mineral oil shall not be less 
 than thirty-four, and not more than thirty-six 
 degrees Baume scale, measured by Tagliabue or 
 other standard hydrometer, at a temperature of 
 sixty degrees Fahrenheit, and the gravity of the 
 mixture shall not exceed twenty-four degrees 
 Baume scale, measured by Tagliabue or other 
 standard hydrometer at a temperature of sixty 
 degrees Fahrenheit. 
 
 [Persons compounding oil must label con- 
 tainers.] Each person, firm or corporation com- 
 pounding oil for illuminating purposes in a coal 
 mine, or mines, shall, before shipment thereof 
 is made, securely brand, stencil or paste upon 
 the head of each barrel or package, a label which 
 117
 
 118 
 
 shall have plainly printed, marked or written 
 thereon, the name and address of the person, 
 firm or corporation compounding the oil therein 
 contained, the name and address of the person, 
 firm or corporation having purchased same, the 
 date of shipment, the percentage and the gravity 
 in degrees Baume scale, at a temperature of 
 sixty degrees Fahrenheit, of each of the com- 
 ponent parts of animal, vegetable and mineral oil 
 contained in the mixture, and the gravity in de- 
 grees Baume scale at a temperature of sixty 
 degrees Fahrenheit of the mixture. 
 
 [Such label shall have certificate.] Each 
 label shall have printed thereon, over the fac 
 simile signature of the person, firm or corpora- 
 tion having compounded the oil, the following: 
 "This package contains oil for illuminating pur- 
 poses in coal mines in the state of Ohio, and the 
 composition thereof as shown hereon is correct." 
 (Sec. 944, 975; Penalty, Sec. 976.) 
 
 Sec. 975. [No oil for illuminating purposes 
 in mines shall be sold except oil prescribed in 
 this act.] No person, firm or corporation shall 
 sell or offer for sale, any oil for illuminating 
 purposes in any coal mine unless the barrel or 
 package in which such oil was received bears 
 the label of the compounder as provided for in 
 this act. Each person, firm or corporation sell- 
 ing or offering for sale any oif for illuminating 
 purposes in any coal mine, shall, upon request of 
 any district inspector of mines, or of any officer 
 or duly authorized agent of any owner or lessee
 
 119 
 
 of a coal mine located within two miles of the 
 point where such oil is offered for sale, submit 
 such oil and the original containers for examina- 
 tion, and upon request, give a sample of such oil 
 from one or more original containers selected 
 by such inspector, officer or agent, for the pur- 
 pose of making a test thereof. 
 
 [Adulteration of illuminating oil forbidden.] 
 No person shall adulterate any oil either before 
 or after taking same from the original containers, 
 and shall not alter, transfer, or re-use any label 
 p'aced upon any container. 
 
 [Persons forbidden to use oil other than pre- 
 scribed in this act.] No person shall use for il- 
 luminating purposes in any coal mine, any oil 
 other than the oil specifically provided for in 
 this act. Each person, while in a coal mine, 
 shall, upon request of- any district inspector of 
 mines, or any officer or duly authorized agent 
 of the owner or lessee, submit his lamp and sup- 
 ply of oil for examination, and upon request, 
 give sample of oil for purpose of making test 
 thereof, and state from whom purchased. 
 
 [Provisions of this act shall apply only to 
 oil used for open lights.] The provisions of this 
 act relating to the compounding, sale and use 
 of oil for illuminating purposes in coal mines, 
 shall apply to -oil used in lamps for open lights. 
 The oil used in safety lamps may be of such 
 composition as will best serve the purpose. (Sec, 
 944, 974; Penalty, Sec, 976.)
 
 Relating to Penalties. 
 
 121
 
 RELATING TO PENALTIES. 
 
 Sec. 976. [County Coroner.] Any county 
 coroner who, after receiving notice of a fatal 
 accident, or of an accident which has resulted 
 in the death of a person at, in, or around a 
 mine, from the owner, lessee or agent of such 
 mine, or the chief inspector of mines, willfully 
 refuses or neglects to comply, so far as such 
 provisions relate to him, with the provisions of 
 section nine hundred and twenty-one of the 
 General Code, shall, upon conviction thereof, be 
 fined not less than twenty-five dollars nor more 
 than fifty dollars, at the discretion of the court. 
 
 [Owner, lessee, or agent.] Any owner, lessee 
 or agent of a mine, or any person, firm or cor- 
 poration opening a new mine having written 
 knowledge of a violation of this act, who will- 
 fully refuses or neglects to comply with the pro- 
 visions of section nine hundred and twenty-two, 
 nine hundred and twenty-three, nine hundred and 
 twenty-four, nine hundred and twenty-five, nine 
 hundred and twenty-six, nine hundred and twenty- 
 seven, nine hundred and twenty-eight, nine hun- 
 dred and twenty-nine, nine hundred and thirty, 
 nine hundred and thirty-one, nine hundred and 
 thirty-two, nine hundred and thirty-three, nine 
 hundred and thirty-four, nine hundred and thirty- 
 seven, nine hundred and thirty-eight, nine hun- 
 dred and thirty-nine, nine hundred and forty, nine 
 hundred and forty-one, nine hundred and forty- 
 123
 
 124 
 
 two, nine hundred and forty-three, nine hundred 
 and forty-four, nine hundred and forty-five, nine 
 hundred and forty-six, nine hundred and forty- 
 seven, nine hundred and forty-eight, nine hun- 
 dred and forty-nine, nine hundred and fifty, or 
 nine hundred and seventy-one of the General 
 Code, shall, upon conviction thereof, be fined not 
 less than twenty-five dollars nor more than fifty 
 dollars, and for a second or any subsequent of- 
 fense shall be fined not less than fifty dollars 
 nor more than one hundred dollars, at the dis- 
 cretion of the court. 
 
 [Superintendent, mine-foreman or over-seer.] 
 Any superintendent, mine-foreman, foreman or 
 over-seer, who willfully refuses or neglects to 
 comply, so far as such provisions relate to each 
 of them, with the provisions of section nine hun- 
 dred and fifty-one, nine hundred and fifty-two, 
 nine hundred and fifty-three and nine hundred 
 and fifty-four of the General Code, shall upon 
 conviction thereof, be fined not less than ten 
 dollars nor more than twenty-five dollars, and for 
 a second or subsequent offense, shall be fined not 
 less than ten dollars nor more than twenty-five 
 dollars, or imprisoned not less than ten days nor 
 more than twenty days, or both, at the discretion 
 of the court. 
 
 [Stableman; fire-boss; entering mine generat- 
 ing fire-damp before reported safe, or going be 
 yond danger signal.] Any person, or persons, who 
 willfully refuses or neglects to comply with the
 
 125 
 
 provisions of section nine hundred and fifty-five 
 of the General Code, or enters a mine generating 
 fire-damp before it is reported by the fire-boss 
 that it is safe for persons to enter, or goes 
 beyond a danger signal indicating an accumula- 
 tion of fire-damp, as forbidden by the provisions 
 of section nine hundred and fifty-nine of the 
 General Code, shall, upon conviction thereof, be 
 fined not less than twenty-five dollars nor more 
 than fifty dollars, and for a second or any sub- 
 sequent offense shall be fined not less than 
 twenty-five dollars nor more than fifty dollars, 
 or imprisoned not less than ten days nor more 
 than twenty days, or both, at the discretion of 
 the court. 
 
 [Employes of mines.] Any person, or per- 
 sons, who violates the provisions of sections nine 
 hundred and fifty-six, nine hundred and fifty- 
 seven, nine hundred and fifty-eight, nine hundred 
 and sixty, nine hundred and sixty-one or nine 
 hundred and sixty-two of the General Code, or 
 violates the provisions of section nine hundred 
 and fifty-nine of the General Code other than to 
 enter a mine generating fire-damp before the 
 lire-boss reports it safe, or to go beyond a danger 
 signal indicating an accumulation of fire-damp, 
 shall, upon conviction thereof, be fined not less 
 than five dollars nor more than ten dollars, and 
 for a second or any subsequent offense shall be 
 fined not less than five dollars nor more than 
 ten dollars, or imprisoned not less than five days 
 nor more than ten days, or both, at the discretion 
 of the court.
 
 _126 
 
 [Persons not employes, qualification of 
 miners, check-weighman, check-measurer.] Any 
 person who willfully violates the provisions of 
 sections nine hundred and sixty-four, nine hun- 
 dred and sixty-five, nine hundred and sixty-six, 
 nine hundred and sixty-seven or nine hundred 
 and seventy of the General Code, or violates the 
 provisions of section nine hundred and fifty-nine 
 of the General Code relating to loitering and in- 
 toxicants, at, in or around a mine, shall, upon 
 conviction thereof, be fined not less than five 
 dollars nor more than ten dollars, and for a 
 second or any subsequent offense shall be fined 
 not less than five dollars nor more than ten dol- 
 lars, or imprisoned not less than five days nor 
 more than ten days, or both, at the discretion of 
 the court. 
 
 [Drilling and operating oil and gas wells.] 
 Any person, firm or corporation who violates or 
 willfully refuses or neglects to comply with the 
 provisions of section nine hundred and seventy- 
 three of the General Code, shall upon conviction 
 thereof, be fined not less than one hundred dol- 
 lars and not more than five hundred dollars, 
 and for a second or any subsequent offense shall 
 be fined not less than two hundred dollars and 
 not more than one thousand dollars, or im- 
 prisoned not less than thirty days nor more 
 than six months, at the discretion of the court. 
 
 [Compounding oil for illuminating purposes 
 in mines.] Any person, firm or corporation who 
 compounds, sells or offers for sale to dealers any
 
 127 
 
 oil for illuminating purposes in any mine in this 
 state contrary to the provisions of sections nine 
 hundred and seventy-four and nine hundred and 
 seventy-five of the General Code, shall upon con- 
 viction thereof, be fined not less than fifty dol- 
 lars nor more than one hundred dollars, and for 
 a second or any subsequent offense shall be fined 
 not less than one hundred dollars nor more than 
 two hundred dollars, or imprisoned not less than 
 thirty days nor more than sixty days, or both, 
 at the discretion of the court. 
 
 [Sale of oil for illuminating purposes in 
 mines.] Any person, firm or corporation who 
 sells, or offers for sale to any employe of a 
 mine for illuminating purposes in a mine con- 
 trary to the provisions of sections nine hundred 
 and seventy-four and nine hundred and seventy- 
 five of the General Code, shall upon conviction 
 thereof, be fined not less than twenty-five dol- 
 lars nor more than fifty dollars, and for a second 
 or any subsequent offense shall be fined not 
 less than twenty-five dollars nor more than fifty 
 dollars, or imprisoned not less than ten days 
 nor more than twenty days, or both, at the dis- 
 cretion of the court. 
 
 [Using oil for illuminating purposes in 
 mines.] Any person who knowingly uses for il- 
 luminating purposes in a mine, any oil contrary 
 to the provisions of sections nine hundred and 
 seventy-four and nine hundred and seventy-five 
 of the General Code, shall, upon conviction 
 thereof, be fined not less than five dollars nor
 
 128 
 
 more than ten dollars, and for a second or any 
 subsequent offense shall be fined not less than 
 five dollars nor more than ten dollars, or im- 
 prisoned not less than five days nor more than 
 ten days, or both, at the discretion of the court.
 
 Relating to Fines Collected, Prose- 
 cutions, When Act Shall Take 
 Effect, and Repeals. 
 
 129
 
 RELATING TO FINES COLLECTED, PROSE- 
 CUTIONS, WHEN ACT SHALL TAKE 
 EFFECT, AND RE- 
 PEALS. 
 
 Sec. 977. [Fines collected.] All fines col- 
 lected by reason of prosecutions begun under 
 the provisions of this act, shall be paid to the 
 chief inspector of mines, and by him paid into 
 the state treasury. 
 
 Sec. 978. [Prosecutions; how controlled.] 
 Any prosecutions begun under the provisions of 
 this act shall be controlled by sections thirteen 
 thousand four hundred and twenty-three and 
 thirteen thousand four hundred and thirty-two to 
 thirteen thousand four hundred and thirty-nine 
 inclusive of the General Code. 
 
 SECTION 2. [Repeals.] That sections 898, 
 
 899, 900, 901, 902, 903, 904, 905, 906, 907, 908, 
 
 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 
 
 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 
 
 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 
 
 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 
 
 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 
 
 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 
 
 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 
 of the General Code be and the same are hereby 
 131
 
 132 
 
 repealed. This act shall take effect on and after 
 sixty days after its passage and approval. 
 
 GRANVILLE W. MOONEY, 
 Speaker of the House of Representatives. 
 
 FRANCIS W. TREADWAY, 
 President of the Senate. 
 
 Passed April 5, 1910. 
 Approved April 11, 1910. 
 
 JUDSON HARMON, Governor.
 
 Jurisdiction. 
 
 133
 
 The following are the sections of the General 
 Code referred to in various sections of the min 
 ing law, and under which prosecutions will be 
 made. 
 
 JURISDICTION. 
 
 Section 13423. [Special jurisdiction of jus- 
 tices, police judges and mayors.] Justices of the 
 peace, police judges and mayors of cities and vil- 
 lages shall have jurisdiction, within their re- 
 spective counties, in all cases of violation of any 
 law relating to: 
 
 1. The adulteration or deception in the sale 
 of dairy products and other food, drink, drugs 
 and medicines; 
 
 2. The prevention of cruelty to animals and 
 children; 
 
 3. The abandonment, non-support, or ill- 
 treatment of a child by its parent; 
 
 4. The abandonment or ill-treatment of a 
 child under sixteen years of age by its guardian; 
 
 5. The employment of a child under fourteen 
 years of age in public exhibitions or vocations 
 injurious to health, life or morals, or which cause 
 or permit it to suffer unnecessary physical or 
 mental pain; 
 
 6. The regulation, restriction or prohibition 
 of the employment of minors; 
 
 7. The torturing, unlawfully punishing, ill- 
 treating or depriving any one of necessary food, 
 clothing or shelter; 
 
 135
 
 136 
 
 8. The selling, giving away or furnishing of 
 intoxicating liquor as a beverage, or keeping a 
 place where such liquor is sold, given away or 
 furnished, in violation of any law prohibiting 
 such acts within the limits of a township and 
 without the limits of a municipal corporation; 
 
 9. The shipping, selling, using, permitting 
 the use of, branding or having unlawful quan- 
 tities of illuminating oil for or in a mine; 
 
 10. The sale, shipment or adulteration if 
 commercial feed stuffs; 
 
 11. . The use of dust creating machinery in 
 workshops and factories; 
 
 12. The conducting of a pharmacy, or re- 
 tail drug or chemical store, or the dispensing 
 or selling of drugs, chemicals, poisons or pharma- 
 ceutical preparations therein; 
 
 13. The failure to place and keep in a sani- 
 tary condition a bakery, confectionery, creamery, 
 dairy, dairy barn, milk depot, laboratory, hotel, 
 restaurant, eating house, packing house, slaughter 
 house, ice cream factory or place where a food 
 product is manufactured, packed, stored, de- 
 posited, collected, prepared, produced or sold for 
 any -purpose. (R. S. Sees. 306a, 3718a; 97 v. 
 397, Sec. 9; 99 v. 32, Sec. 3; 99 v. 507, Sees. 77, 
 78; 100 v. 15, Sec. 4; 100 v. 64, Sec. 6.)
 
 Justices, Police Judges and Mayors. 
 
 137
 
 JUSTICES, POLICE JUDGES AND MAYORS. 
 
 Section 13432. [When imprisonment is a part 
 of the punishment a jury shall be impaneled.] In 
 
 prosecutions before a justice, police judge or 
 mayor, when imprisonment is a part of the pun- 
 ishment, if a trial by jury is not waived, the 
 magistrate, not less than three days nor more 
 than five days before the time fixed for trial, 
 shall certify to the clerk of the court of common 
 pleas of the county that such prosecution is 
 pending before him. (R. S. Sec. 3718a.) 
 
 Section 13433. [Clerk's duties.] Thereupon 
 the clerk, in the presence of representatives of 
 both parties, shall draw from the jury wheel or 
 box containing the names of persons selected :o 
 serve as petit jurors in the court of common 
 pleas in such county, twenty names which shall 
 be drawn and counted in a like manner as for 
 jurors in the court of common pleas. The clerk 
 shall forthwith certify the names so drawn to 
 the magistrate, who, thereupon, shall issue to 
 any constable, chief of police or marshal in the 
 county, a venire containing the names of the 
 persons to serve as jurors in the case and make 
 due return thereof. (R. S. Sec. 3718a.) 
 
 Section 13434. [Jurors.] The jurors shall be 
 subject to like challenges as jurors in criminal 
 cases, except capital cases in the court of com- 
 mon pleas. If the venire is exhausted without 
 139
 
 140 
 
 obtaining the number required to fill the panel, 
 the magistrate shall fill the panel .with talesmen 
 in the manner provided for criminal cases in 
 the court of common pleas. (R. S. Sec. 3718a.) 
 
 Section 13435. [Second or subsequent of- 
 fense.] In such prosecutions, where a different 
 punishment is provided for a second or subse- 
 quent offense, the information or affidavit upon 
 which the prosecution is based, must charge that 
 it is the second or subsequent offense or the 
 punishment shall be as for the first offense. (R. 
 S. Sec. 3718a.) 
 
 Section 13436. [Jurisdiction and power of 
 constables, etc.] In pursuing or arresting a de- 
 fendant and in subpoenaing the witnesses in 
 su'ch prosecutions, the constable, chief of police, 
 marshal, or other court officer shall have like 
 jurisdiction and power as the sheriff in criminal 
 cases in the common pleas court, and he shall re- 
 ceive like fees therefor. (R. S. Sec. 3718a.) 
 
 Section 13437. [New trial.] In such prose- 
 cutions, if there is a verdict for conviction, a new 
 trial may be granted for like reasons and subject 
 to like conditions as a new trial in criminal cases 
 in the court of common pleas. (R. S. Sec. 3718a.) 
 
 Section 13438. [Fees of jurors and witnesses.] 
 In such prosecutions, the jurors and the wit- 
 nesses shall be entitled to like mileage and fees 
 as in criminal cases in the court of common 
 pleas. (R. S. Sec. 3718a.)
 
 141 
 
 Section 13439. [Costs.] In such prosecu- 
 tions, no costs shall be required to be advanced 
 or secured by a person authorized by law to 
 prosecute. If the defendant be acquitted or dis- 
 charged from custody by nolle or otherwise, or 
 convicted and committed in default of paying 
 fine and costs, all costs of such case shall be 
 certified under oath by the trial magistrate to 
 the county auditor, who, after correcting errors 
 therein, shall issue a warrant on the county 
 treasury in favor of the person to whom such 
 costs and fees are payable. All moneys which 
 are to be paid by the county treasurer as pro- 
 vided in this chapter shall be paid out of the 
 general revenue firnd of such county. (R. S. Sec. 
 3718a.)
 
 Index. 
 
 143
 
 Sections. 
 
 Abandoned mines precautions when ap- 
 proaching 938 
 
 Accidents 
 
 fatal duty of inspectors 907 
 
 fatal notice to chief inspector and 
 
 coroner 940 
 
 fatal coroner's duty 921 
 
 superintendent's duty 951 
 
 provisions for persons injured 93-1 
 
 action in case of 972 
 
 Access to mines by inspectors 912 
 
 Action for non-compliance with Statutes. 916 
 
 Act shall not create new office, etc 920 
 
 Additional openings 950 
 
 Annual report of chief inspector to Gov- 
 ernor 908 
 
 Annual report of owner, lessee or agent 
 
 to chief inspector 940 
 
 Appointments 
 
 chief inspector and qualifications 898-899 
 
 district inspectors and qualifications. 900-901 
 Assistant mine-foreman 
 
 duties of .952, 953, 959 
 
 penalty for non-compliance 970 
 
 Automatic doors 923 , 943 , 958 
 
 B. 
 
 Blasting 956 
 
 Blasting powder 962-963 
 
 Boilers location of 944 
 
 10 145
 
 146 
 
 Bonds Sections. 
 
 chief and district inspectors 903 
 
 weighmaster 966 
 
 Board of examiners 918-919 
 
 Breakthroughs 926 
 
 Brattices . 926 
 
 C. 
 
 Cages 
 
 Safe appliances 927 
 
 protection of, etc 928 
 
 lowering and hoisting, No. persons, 
 
 etc 929, 959 
 
 Caution board 959 
 
 Checkweigbmen 
 
 duties of 970 
 
 penalty for non-compliance 976 
 
 Check-measurer 
 
 duties of 970 
 
 penalty for non-compliance 976 
 
 Closing of doors 923, 943, 958 
 
 Committee of miners report of 906, 967 
 
 Code of signals 942 
 
 Conveying of explosives 962 
 
 Construction of new mines 949 
 
 Copper tools 963 
 
 Coroner 
 
 duties of 921 
 
 penalty for non-compliance 976 
 
 Coal dust 
 
 duty of owner, lessee or agent 944 
 
 duty of miner 956 
 
 Combustible matter removal of 944, 956
 
 147 
 
 Sections. 
 
 Complaint against chief and district in- 
 spectors 918-919 
 
 Crossing public highway 971 
 
 Controversy or disagreement between dis- 
 trict inspector and owner, lessee 
 or agent 910 
 
 D. 
 
 Damages caused by examination 969 
 
 Dangerous places fenced 
 
 duty of owner, lessee or agent 925 
 
 duty of superintendent and mine- 
 foreman 952 
 
 duty of miner 956 
 
 Danger signal 925 , 959 
 
 Defraud intent to 960 
 
 Detaching locomotive traveling ways . . 932 
 Disagreement between district inspector 
 
 and owner, lessee or agent 910 
 
 District inspectors as sealers of weights 
 
 and measures 910 
 
 Discretionary power of mining depart- 
 ment 911 
 
 Doors 923, 943, 958 
 
 Drivers 958 
 
 Dust and fine coal 
 
 duties of owner, lessee or agent 944 
 
 duty of miner 956 
 
 Duties of assistant mine-foreman. . .952, 953, 959 
 Duties of chief and district inspec- 
 tors 902, 906, 907, 909 
 
 Duties of chief and district inspectors re- 
 lating to oil and gas wells 914
 
 148 
 
 Sections. 
 
 Duties of coroner 921 
 
 Duties of check-weighman 970 
 
 Duties of check-measurer 970 
 
 Duties of employes 956 
 
 Duties of fire-boss 925, 955, 959 
 
 Duties of machine-men 957 
 
 Duties of miners 956 
 
 Duties of mine-foreman 952, 953, 959 
 
 Duties of over-seer 954, 965 
 
 Duties of recorder 921, 937 
 
 Duties of superintendent 951 
 
 Dirties of stableman 955 
 
 Duties of trip-riders and motormen.943, 958, 961 
 
 Duties of weighmaster 966 
 
 (For penalties, see Section 976.) 
 
 E. 
 
 Egress when inundation is probable 932 
 
 Electricity 
 
 application of 947-948 
 
 discretionary power of chief and dis- 
 trict inspectors 911 
 
 Emergency appliances 927 
 
 Engineers 927 
 
 Employes duties of 956 
 
 Examination of mine damages caused 
 
 by 969 
 
 Examination and survey of mine 969 
 
 Examination of working places 
 
 duty of owner, lessee or agent 925 
 
 duty of mine-foreman 952 
 
 duty of fire-boss 955 
 
 duty of miner 956
 
 149 
 
 Sections. 
 
 Examination of other than working 
 
 places 925 
 
 Examination of machinery, ventilating 
 
 current 967 
 
 Examination of mine by fire-boss. ..925, 955, 959 
 Examination of mine right of employes. 906, 967 
 
 Examiners board of 918-919 
 
 Explosives 962-963 
 
 F. 
 
 Fatal -accidents 
 
 duty of inspectors 907 
 
 notice to chief inspector and coroner. 940 
 
 coroner's duty 921 
 
 superintendent's duty 951 
 
 provisions for 934 
 
 action in case of 972 
 
 Fire-boss duties of 925 , 955 , 959 
 
 Fire protection to shafts 930 
 
 Fire-damp relating to 922, 924, 
 
 925, 926, 934, 938, 940, 952, 956, 959 
 
 Fire in stable must not be taken into. . 960 
 
 Fine coal or coal dust 
 
 duty of owner, lessee or agent 944 
 
 duty of miner 956 
 
 Fines collected 977 
 
 G. 
 
 Gauges pressure 924 
 
 Gasoline in mines 946
 
 150 
 
 LJ 
 
 Sections. 
 
 Haulage rope 943, 958 
 
 Haulage trips persons not permitted to 
 
 ride 961 
 
 Hoisting and lowering of persons 929, 959 
 
 I. 
 
 Illuminating oil 974-975 
 
 Injured persons provisions for 934 
 
 Inundation 932 , 938 
 
 Inexperienced miners 96f> 
 
 Injuries to mine 960 
 
 Intoxicants prohibition of 959 
 
 Intent to defraud 960 
 
 Injury to persons or property right of 
 
 action 972 
 
 L. 
 
 Lamps size of 961 
 
 Lien on property for labor 972 
 
 Lights in mines 943 
 
 Light or signal on locomotive and train . . 943 
 
 Loitering 959 
 
 Lowering and hoisting of persons 929, 959 
 
 Locomotives in mines 943, 958 
 
 Maps 
 
 duty of chief inspector 917 
 
 duty of owner, lessee or agent 935 
 
 addition to previous map 936 
 
 abandoned mine map 937 
 
 persons entitled to examine 904
 
 151 
 
 Sections. 
 
 Machine men duties of 957 
 
 Machine shields 
 
 duty of owner, lessee or agent 941 
 
 duty of machine men 957 
 
 Miners duties of 956 
 
 Mine-foreman duties of 952, 953, 959 
 
 Miner qualifications of 965 
 
 Miner inexperienced 965 
 
 Minors employed 
 
 duty of inspectors 912 
 
 duty of owner, lessee or agent 944 
 
 duty- of mine-foreman ; 953 
 
 Mines, new construction of 949 
 
 Mine lamps 961 
 
 Mine committee report 906 , 967 
 
 Motormen and trip-riders duties of 
 
 943, 958, 961 
 
 Monthly report of mine-foreman to chief 
 
 inspector 953 
 
 N. 
 
 New mines construction of 949 
 
 Notice to chief inspector when must be 
 
 given 939 
 
 Notice to chief inspector and coroner of 
 
 accidents 940 
 
 Non-compliance with Statutes action 
 
 for 916 
 
 on- 
 
 illuminating 974 . 975 
 
 quantity allowed in mine.. ..., 944
 
 152 
 
 Sections. 
 
 Oil lamp size of 961 
 
 Oil and gas wells through coal measures. 973 
 Oil and gas wells duty of chief and dis- 
 trict inspectors relating thereto. . 914 
 Openings 
 
 additional 950 
 
 second 930 
 
 Over-seer duties of 954 , 965 
 
 p 
 
 Penalties 
 
 County coroner 976 
 
 Check-weighman 976 
 
 Check-measurer 976 
 
 Employes 976 
 
 Fire-boss 976 
 
 Foreman 976 
 
 Mine-foreman 976 
 
 Non-employes 976 
 
 Owner, lessee or agent 976 
 
 Over-seer 976 
 
 Oil and gas well companies 976 
 
 Oil manufacturers 976 
 
 Oil dealers 976 
 
 Oil (Persons using illegal) 976 
 
 Superintendent 976 
 
 Stableman ^ . 976 
 
 Weighmaster 976 
 
 Persons injured provisions for 934 
 
 Persons on cage number allowed 929 , 959 
 
 Persons not permitted to ride haulage 
 
 trips 961 
 
 Persons not employes relating to 964
 
 15S 
 
 Sections. 
 
 Powder 962-963 
 
 Pressure gauges 924 
 
 Precautions approaching abandoned 
 
 mines 938 
 
 Prosecutions 978 
 
 Q. 
 
 Quantity of hay allowed in mine 945 
 
 Quantity of oil allowed in mine 944 
 
 Quantity of gasoline allowed in mine. . . . 946 
 
 Quantity of powder allowed in mine 962 
 
 Qualifications of miner ' 965 
 
 Qualifications and appointment of chief 
 
 inspector 898-899 
 
 Qualifications and appointment of district 
 
 inspectors 900-901 
 
 R. 
 
 Recorder's duty 921 , 937 
 
 Records who entitled to examine 904 
 
 Repeals 978 
 
 Report of fire-boss 925, 955, 959 
 
 Report of owner, lessee or agent to chief 
 
 inspector 939, 940 
 
 Report of chief inspector to governor 
 
 annual 908 
 
 Report of mine committee 906, 967 
 
 Report of mine-foreman to chief inspec- 
 tor , monthly 953 
 
 Rescue apparatus 915 
 
 Refuge holes 931 
 
 Rope haulage 943 , 958 
 
 Roof miner shall prop , etc 956
 
 154 
 
 Sections. 
 
 Safe appliances for hoisting persons 927 
 
 Safety appliances 928 
 
 Speaking tube 928 
 
 Safety lamps 
 
 when owner shall provide 941 
 
 oil for use in 975 
 
 Salary of chief and district inspectors 905 
 
 Scales 910, 941 
 
 Second opening 930 
 
 Shields machine 
 
 duty of owner, lessee or agent 941 
 
 duty of machine men 957 
 
 Signals 
 
 code of 942 
 
 locomotive 943 
 
 danger 925 , 955 , 959 
 
 persons designated to give and re- 
 ceive 929 
 
 Stables underground 
 
 construction of 945 
 
 fire must not be taken into 960 
 
 stablemen duties of 955 
 
 Superintendent's duties 951 
 
 Surveying party transportation of 969 
 
 Survey of mine and examination 969 
 
 T. 
 
 Tamping tools kind permitted 963 
 
 Test weights 941 
 
 Timber 
 
 duty of owner, lessee or agent 933 
 
 duty of mine-foreman 953 
 
 duty of miners .- 956
 
 155 
 
 Sections. 
 
 Trip riders and motormen duties 
 
 of 943, 958, 961 
 
 Traveling ways and refuge holes 931, 932 
 
 Traveling ways duty of employes 959 
 
 Transportation of surveying party 969 
 
 U. 
 
 Underground stables 
 
 construction of ..'... . 945 
 
 fire must not be taken into 960 
 
 stablemen duties of 955 
 
 V. 
 
 Ventilation 
 
 dutiesof owner, lessee or agent. .922,' 923, 924 
 
 duty of mine-foreman 952 , 953 
 
 report of mine committee 906, 967 
 
 W. 
 
 Weigh scales 910, 941 
 
 Weighmaster duties of 966 
 
 Weights and measures sealers of 910 
 
 Withdrawal of persons from mine 959 
 
 When act takes effect 978 
 
 Who entitled to examine maps, records, 
 
 etc 904 
 
 Working places examination of 
 
 duty of owner, lessee or agent 925 
 
 duty of mine-foreman 952 
 
 duty of fire-boss 955 
 
 duty of miner 956
 
 AMENDED SECTIONS 973, 974 AND 
 976 OF THE GENERAL CODE. 
 
 (Senate Bill No. 205.) 
 AN ACT 
 
 To amend section 973 of the general code, regulating 
 the location of oil and gas wells. 
 
 Be it enacted by the General Assembly of the State of 
 Ohio: 
 
 Section 1. That section 973 of the general code, as 
 amended April 5, 1910, be amended to read as follows: 
 
 Sec. 973. Any person, firm or corporation causing to 
 be drilled any well for oil or gas or elevator well or 
 any test well within the limits of any coal producing 
 county of this state, must give notice, in writing, of 
 such fact to the chief inspector of mines, stating the 
 location of the land upon which such well is to be 
 drilled. 
 
 It shall be the duty of any such person, firm or cor- 
 poration to make or cause to be made an accurate map 
 on a scale of one inch to four hundred feet, showing 
 on said map the location and number of wells, the 
 property lines of the property upon which located in the 
 township, section and quarter section in which the same 
 is being drilled, together with a measurement from the 
 section line and also from the quarter section line, to- 
 gether with the sworn statement of the person, firm or 
 corporation making said map, the same to be kept on 
 file in the office of the state mining department and 
 shall be open for inspection by the public at all reason- 
 able hours. The original map shall be retained by the 
 owner or surveyor and one blue print filed with the chief 
 inspector of mines and one with the recorder of the 
 county in which such well is located within sixty days 
 after the passage and approval of this act, or after 
 commencing to drill any oil or gas well, and if drilling- 
 is still continued on the property already surveyed, a 
 complete blue print shall be made and filed at the end 
 of each year. 
 
 No oil or gas well shall be drilled nearer than three 
 hundred feet to any opening to a mine used as a 
 means of ingress or egress for the persons employed 
 therein, nor nearer than one hundred feet to any build- 
 ing or inflammable structure connected therewith and 
 actually used as a part of the operating equipment of 
 said mine. 
 
 In the event that a well being drilled for oil or gas 
 penetrates the excavations of any mine, it must be cased 
 with casing of approximately the same diameter as the 
 diameter of the hole, the hole to be drilled thirty feet
 
 or to solid slate or rock and not less than ten feet 
 below the floor of such mine, and the casing shall be 
 placed in the following manner; one string of casing 
 shall be placed at a point above the roof of said mine 
 so as to shut off all of the surface water and then the 
 hole drilled through said mine and another string of 
 casing put in and the bottom of the second string of 
 casing, or the one passing through said mine shall not 
 be nearer than ten feet or more than thirty feet from 
 the floor of the mine where it passes through the same. 
 
 When an> well which has been drilled for oil or gas 
 is to be abandoned and has passed through the excava- 
 tions of any coal mine from which the mineable coal 
 has not all been removed the person, firm or corpora- 
 tion owning said well shall leave in said well the cas- 
 ing passing through said mine from a point not less than 
 ten feet or more than thirty feet below the floor of said 
 mine and extending above the roof of said mine five 
 feet and a seasoned wooden plug or iron ball shall be 
 driven to a point forty feet below the floor of the mine 
 and shall then fill the hole and the casing left in with 
 the cement or a seasoned wooden plug or iron ball shall 
 be driven on top of the same, and the hole shall then be 
 filled for a "distance of not less than twenty feet with 
 cement. If any oil or gas well has passed through a 
 workable vein or seam of coal it shall when it is 
 abandoned be plugged in the following manner; a 
 seasoned wooden plug or iron ball shall be driven to a 
 point thirty feet below the lowest workable seam of coal 
 and the hol,e filled with cement to a point twenty feet 
 above the first seam of coal and another wooden plug 
 or iron ball driven and the hole filled for a distance of 
 twenty feet with cement. 
 
 The property owner or owners shall report to the 
 chief inspector of mines of the commencing to drill of 
 any well or wells for oil or gas on his or their property 
 and shall report at the end of each year thereafter if 
 drilling is continued the number of wells drilled on 
 his or their property, the date drilled and by whom 
 drilled. 
 
 When any oil or gas well is to be abandoned, the 
 person, firm or corDoration having drilled or operated 
 such well, shall notify the chief inspector of mines, at 
 least ten days in advance so that he may direct one of 
 his district inspectors to be present at the time of 
 abandonment. 
 
 Section 2. That said original section 973 of the gen- 
 eral code, as amended April 5, 1910, bf- and the same is 
 hereby repealed. 
 
 S. J. VINING, 
 
 Speaker of the House of 
 Representatives. 
 
 HUGH L. NICHOLS, 
 
 President of the Senate. 
 Passed May 31, 1911. 
 Approved June 12, 1911. 
 
 JUDSON HARMON, Governor.
 
 STATE MINING DEPARTMENT 
 COLUMBUS 
 
 NOTICE. 
 
 Columbus, O., June 5, 1911. 
 
 To Manufacturers of Illumlnants to be used in mines in 
 the State, to Retail Dealers, to Mine Operators, 
 Mine Managers and Employes in mines: 
 
 The following Bill is now a law and repeals Sections 
 974 and 976 of the Mining Code, which became a law 
 June 11, 1910, and takes the place of said sections. 
 
 The mine foreman or person in charge of any mine 
 in the State is hereby Mtifted that he will be held re- 
 sponsible to see that no illuminant, not specifically pro- 
 vided for in this Bill, or other sections of the Mining 
 Code, be permitted in any mine under his jurisdiction. 
 If the Inspector hereafter finds any illuminant in any 
 mine not specifically provided for by law, he will at 
 once institute proceedings against the mine foreman in 
 charge of the underground work, and no excuse of ig- 
 norance of the law will be accepted. 
 Very respectfully, 
 
 GEORGE HARRISON, 
 
 Chief Inspector of Mines. 
 
 79th General Assembly, 1 
 
 Substitute S. B. No. 192 
 
 Regular Session, 1911. ) 
 
 MR. KRAUSE. 
 A BILL 
 
 To amend Section 974 of the General Code, relating to 
 illuminating oils for mines. 
 
 Be it enacted by the General Assembly of the State of 
 Ohio: 
 
 Section 1. That sections 974 and 976 of the General 
 Code be amended to read as follows: 
 
 Sec. 974. No person, firm or corporation shall com- 
 pound, sell or offer for sale for illuminating purposes 
 in any coal mine, any oil other than oil composed of not 
 less than eighty-four per cent, of pure animal or veg- 
 etable oil, or both, and not more than sixteen per cent, 
 pure mineral oil. The gravity of such animal or veg- 
 etable oil shall not be less than twenty-one and one- 
 half, and not more than twenty-two and one-half degrees 
 Baume scale, measured by Tagliabue or other standard
 
 hydrometer, at a temperature of sixty degrees Fahren- 
 heit; the gravity of such mineral oil shall not be less 
 than thirty-four, and not more than thirty-six degrees 
 Baume scale, measured by Tagliabue or other standard 
 hydrometer, at a temperature of sixty degrees Fahren- 
 heit, and the gravity of the mixture shall not exceed 
 twenty-four degrees Baume scale, measured by Tagliabue 
 or other standard hydrometer at a temperature of sixty 
 degrees Fahrenheit. 
 
 Each person, firm or corporation compounding oil 
 for illuminating purposes in a coal mine, or mines, shall, 
 before shipment thereof is made, securely brand, stencil 
 or paste upon the head of each barrel or package, a 
 label which shall have plainly printed, marked or written 
 thereon, the name and address of the person, firm or 
 corporation, having purchased same, the date of ship- 
 ment, the percentage and the gravity in degrees Baume 
 scale, at a temperature of sixty degrees Fahrenheit, 
 of each of the component parts of animal, vegetable and 
 mineral oil contained in the mixture, and the gravity in 
 degrees Baume scale at a temperature of sixty degrees 
 Fahrenheit of the mixture. 
 
 Each label shall have printed thereon, over the 
 facsimile signature of the person, firm or corporation 
 having compounded the oil, the following: "This pack- 
 age contains oil for illuminating purposes in coal mines 
 in the state of Ohio, and the composition thereof as 
 shown hereon is correct." Each person, firm or corpora- 
 
 person, firm or corporation, manufacturing paraffme wax 
 therein contained; the name and address of the person, 
 firm or corporation, having purchased the same, and the 
 
 date of shipment. And each individual package contained 
 within each barrel, box or case, shall have plainly 
 printed thereon, the name of product, the name and 
 address of the manufacturer thereof, together with the 
 melting point, fire test, and the percentage of oil and 
 moisture of the paraffine wax therein contained. 
 
 consent ana approval or ine cnier inspector OT mines. 
 
 Sec. 976. Any county coroner who, after receiving 
 notice of a fatal accident, or of an accident which has 
 resulted In the death of a person, at, in, or around a 
 mine, from the owner, lessee or agent of such mine, or 
 the cWef inspector of mines, willfully refuses or neg-
 
 lects to comply, so far as such provisions relate to him, 
 with the provisions of section nine hundred and twenty- 
 one of the General Code, shall, upon conviction thereof, 
 be fined not less than twenty-five dollars nor more than 
 fifty dollars, at the discretion of the court. 
 
 Any owner, lessee or agent of a mine, or any person, 
 firm or corporation opening a new mine, having written 
 knowledge of a violation of this act, who willfully re- 
 fuses or neglects to comply with the provisions of sec- 
 tion nine hundred and twenty-two, nine hundred and 
 twenty-three, nine hundred and twenty-four, nine hun- 
 dred and twenty-five, nine hundred and twenty-six, nine 
 hundred and twenty-seven, nine hundred and twenty- 
 eight, nine hundred and twenty-nine, nine hundred and 
 thirty, nine hundred and thirty-one, nine hundred and 
 thirty-two, nine hundred and thirty-three, nine hundred 
 and thirty-four, nine hundred and thirty-seven, nine 
 hundred and thirty-eight, nine hundred and thirty-nine, 
 nine hundred and forty, nine hundred and forty-one, 
 nine hundred and forty-two, nine hundred and forty- 
 three, nine hundred and forty-four, nine hundred and 
 forty-five, nine hundred and forty-six, nine hundred and 
 forty-seven, nine hundred and forty-eight, nine hun- 
 dred and forty-nine, nine hundred and fifty, or nine 
 hundred and seventy-one of the General Code, shall, 
 upon conviction thereof, be fined not less than twenty- 
 five dollars nor more than fifty dollars, and for a second 
 or any subsequent offence shall be fined not less than 
 fifty dollars nor more than one hundred dollars, at the 
 discretion of the court. 
 
 Any superintendent, mine-foreman, foreman or over- 
 seer, who willfully refuses or neglects to comply, so far 
 as such provisions relate to each of them with the pro- 
 visions of section nine hundred and fifty-one, nine hun- 
 dred and fifty-two, nine hundred and fifty-three, and 
 nine hundred and fifty-four of the General Code, shall 
 upon conviction thereof, be fined not less than ten 
 dollars nor more than twenty-five dollars, and for a 
 second or subsequent offense, shall be fined not less 
 than ten dollars nor more than twenty-five dollars, or 
 imprisoned not less than ten days nor more than twenty 
 days, or both, at the discretion of the court. 
 
 Any person or persons who willfully refuses or neg- 
 lects to comply with the provisions of section nine 
 hundred and fifty-five of the General Code, or enters a 
 mine generating fire damp before it is reported by the 
 fire boss that it is safe for persons to enter, or goes 
 beyond a danger signal indicating an accumulation of 
 fire damp, as forbidden by the provisions of section nine 
 hundred and fifty-nine of the General Code, shall, upon 
 conviction thereof, be fined not less than twenty-five 
 dollars nor more than fifty dollars, and for a second or 
 any subsequent offense shall be fined not less than 
 twenty-five dollars nor more than fifty dollars, or im- 
 prisoned not less than ten days nor more than twenty 
 days, or both, at the discretion of the court. 
 
 Any person, or persons, who violates the provisions 
 of sections nine hundred and fifty*sU, nine hundred and
 
 fifty-seven, nine hundred and fifty-eight, nine hundred 
 and sixty, nine hundred and sixty-one, or nine hun- 
 dred and sixty-two of the General Code, or violates the 
 provisions of section nine hundred and fifty-nine of the 
 General Code other than to enter a mine generating 
 fire-damp before the fire boss reports it safe, or to go 
 beyond a danger signal indicating an accumulation of 
 
 imprisoned not less than five days nor mor 
 days, or both, at the discretion of the court. 
 
 Any person who willfully violates the provisions of 
 sections nine hundred and sixty-four, nine hundred and 
 sixty-five, nine hundred and sixty-six, nine hundred and 
 sixty-seven, or nine hundred and seventy of the General 
 Code, or violates the provisions of section nine hundred 
 and fifty-nine of the General Code relating to loitering 
 and intoxicants, at, in or around a mine, shall, upon 
 conviction thereof, be fin^d not less than five dollars, 
 nor more than ten dollars, and for a second or any 
 subsequent offense shall be fined not less than five 
 dollars nor more than ten dollars, or imprisoned not 
 less than five days nor more than ten days, or both, at 
 the discretion of the court. 
 
 Any person, firm or corporation who violates or will- 
 fully refuses or neglects to comply with the provisions 
 of section nine hundred and seventy-three of the Gen- 
 eral Code, shall upon conviction thereof, be fined not 
 less than one hundred dollars and not more than five 
 hundred dollars, and for a second or any subsequent 
 offense shall be fined not less than two hundred dollars 
 and not more than one thousand dollars, or imprisoned 
 not less than thirty days nor more than six months, at 
 the discretion of the court. 
 
 Any person, firm or corporation who compounds, 
 sells or offers for sale to dealers any oil or paraffine 
 wax; fish oil or any other illuminant whatever, other 
 than those specifically provided for in section 974 Gen- 
 era! Code unless with the consent and approval of the 
 chief inspector of mines, for illuminating purposes in 
 any mine in this state contrary to the provisions of 
 sections nine hundred and seventy-four and nine hun- 
 dred and seventy-five of the General Code, shall uoon 
 conviction thereof, be fined not less than fifty dollars 
 nor more than one hundred dollars and for a second 
 or any Subseauent offense shall be fined not less than 
 one hundred dollars nor more than two hundred dollars, 
 or imprisoned not less than thirty days nor more than 
 sixty days, or both, at fhe discretion of the court. 
 
 Any person, firm or corporation who sells, or offers 
 for sale to any employe of a mine for illuminating pur- 
 poses in a mine any oil or paraffine wax. fsh oil or any 
 other iHuminant, other than those specifically provided 
 for In section nine hundred and seventy-four of the 
 General Code unless with the consent and approval of 
 the chief Inspector of mines contrary to the provisions
 
 of sections nine hundred and seventy-four and nine 
 hundred and seventy-five of the General Code, shall 
 upon conviction thereof, be fined not less than twenty- 
 five dollars nor more than fifty dollars, and for a sec- 
 ond or any subsequent offense shall be fined not less 
 than twenty-five dollars nor more than fifty dollars, or 
 imprisoned not less than ten days nor more than twenty 
 days, or both, at the discretion of the court. 
 
 Any person who knowingly uses for illuminating 
 purposes in a mine, any oil or paraffine wax, fish oil 
 or any other illuminant whatever other than those 
 specifically provided for in section nine hundred and 
 seventy-four of the General Code, unless with the con- 
 sent and approval of the chief inspector of mines, con- 
 trary to the provisions of sections nine hundred and 
 seventy-four and nine hundred and seventy-five of the 
 General Code, shall, upon conviction thereof, be fined 
 not less than five dollars nor more than ten dollars, and 
 for a second or any subsequent offense shall be fined not 
 less than five dollars nor more than ten dollars, or im- 
 prisoned not less than five days nor more than ten days, 
 or both, at the discretion of the court. 
 
 Section 2. That said original sections 974 and 976 
 of the General Code be and the same are hereby re- 
 pealed. 
 
 PRICE RUSSELL, 
 
 Speaker pro tern of the House 
 of Representatives. 
 
 HUGH L. NICHOLS, 
 
 President of the Senate. 
 Passed May 17, 1911. 
 
 This bill was presented to the Governor May 17, 1911, 
 and was not signed or returned to the house wherein it 
 originated within ten days after being so presented, 
 exclusive of Sundays and the day said bill was presented, 
 and was filed in the office of the Secretary of State 
 June 1, 1911. 
 
 JOHN W. DEVANNEY, 
 
 Veto Cleric
 
 Date Due 
 
 PRINTED IN U. S. A 
 
 {J20YE3SI7Y o 
 
 ANGSL&S