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 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