TN 1 9U L\T>>. Mining laws of the state of Alabama 1911 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES The RALPH D. REED LIBRARY C" DEPARTMENT OF GEOLOGY UNIVERSITY OF CALIFORNIA LOS ANGELES, CALIF. MINING LAWS OF THE STATE OF ALABAMA MONTUOMKRT, ALiBAMJ AMD BIMDBHI MINING LAWS OF THE STATE OF ALABAMA Geology, Library TN MINING LAWS OF THE STATE OF ALABAMA No. 493.) AN ACT (H. 431. To regulate the mining of coal in Alabama. Section 1. Be it enacted by the Legislature of Alabama, That there shall be appointed by the governor of Alabama an inspector of coal mines Appointment for each two and a half million tons of coal mined an(1 term of in the State, or majority fraction thereof, based ^ t e or s f i! on the report of the tonnage mined for the pre- vious years, compiled by the chief mine inspect- or, one of whom shall be designated as chief mine inspector and the others shall be designated as associate mine inspectors, and one of them shall be a mining engineer. Immediately upon the passage of this act, the chief mine inspector and one associate mine inspector shall be appointed and shall hold office for three years, and as soon as possible four associate mine inspectors shall be appointed, two of whom shall hold office for two years and two of whom shall hold office for one year, and upon the expiration of their re- spective terms of office, new appointments may be made for terms of three years from the date of each appointment and until his respective suc- cessor is appointed and qualified. The object being, hereafter to appoint as near as practicable one-third of the inspectors each year. Sec. 2. The salary of the chief mine inspector Salary shall be three thousand ($3,000.00) dollars per annum, and the salary of each of the associate mine inspectors shall be two thousand (|2,- 000.00) dollars per annum. 817675 MINING LAWS OF ALABAMA. Bond may be required. Report to gov ernor. Qualifications for chief in- spector. Associates. Unlawful to have other em ployrnent. Duty to ex- amine coal mines, etc. Sec. 2 1-2. That the governor of this State may require the chief mine inspector to execute bond payable to the State of Alabama in such sum as the governor may determine with condi- tion that he will faithfully discharge the duties of his office and will account for, properly dis- tribute and pay over all funds coming into his hands as license fees collected from applicants for certificates from the board of examiners or otherwise. It shall be the duty of said chief mine inspector to report annually to the gover- nor the amount of money received by him from such applicants or otherwise and show the dis- bursement thereof, and at the expiration of his term of office, pay over any moneys in his hands as such to his successor in office. Sec. 3. The chief mine inspector shall be a qualified elector and shall be a competent person, having had at least eight years experience in the working, ventilating and drainage of coal mines in the State, and having a practical and scientific knowledge of all noxious and dangerous gases found in such mines; he must have a first class mine foreman certificate and must be not less than thirty years of age. The associate mine in- spectors shall be qualified electors and each shall possess a first class Alabama mine foreman cer- tificate and shall have had at least five years practical experience in coal mining and shall be not- less than twenty-five years of age. The asso- ciate mine inspectors shall reside at such points convenient to their respective districts as the chief mine inspector may designate, and the chief mine inspector shall designate the districts. No one shall be appointed mine inspector who, or the wife of whom, owns and operates in whole or in part, mining property. Sec. 4. It shall be unlawful for the chief mine inspector or any associate mine inspector to be otherwise employed by the State of Alabama. Sec. 5. The mine inspectors shall give their whole time and attention to the duties of their offices. It shall be the duty of the mine inspect- ors to examine all the coal mines and all the MIXING LAWS OF ALABAMA. 5 working places therein as far as possible, in this State, at least every three months to see that all the requirements of this act are strictly observed and carried out; inspectors shall particularly ex- amine the works and machinery belonging to any coal mine, examine into the state of the coal mines as to ventilation, circulation, and condi- Record of ex . tion of air, drainage and general security; they am {nations, shall make a record of all examinations of coal mines, showing the date when made, the condi- tion in which the coal mines are found, the extent to which the laws relating to coal mines and min- ing are .observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this act, number of accidents, injuries received, or deaths in or about the coal mines, the number of persons employed in or by each coal mine, to- gether with all such other facts and information of public interest concerning the condition of coal mines, development and progress of coal mining in this State, as they may think useful and proper, and so much thereof as may be of public interest to be included in their reports. A Report, comprehensive report of each inspection of each coal mine shall be promptly made to the superin- tendent or operator. This report shall be on a form provided for that purpose and compiled by the chief mine inspector, and the board of exam- iners. This report form may be changed by the chief mine inspector and board of examiners from time to time, as may seem desirable to them. Sec. 5 1-2. It shall be the duty of said board p r0 mpt in- to have one of its members to promptly investi-vestigation of gate all accidents in coal mines resulting in se - accidents - rious injury or death of any person employed or working in or about the same. Sec. 6. That each member of said board is hereby authorized and empowered to issue sub- ^suesub- t0 poenas requiring the attendance of witnesses be-poenas, etc. fore said board or before such member thereof, to testify under oath in any proceeding before such board or such member, and require witnesses to answer all proper questions propounded to them MINING LAWS OF ALABAMA. by said board or such member. That it is hereby made the duty of the sheriff or constable in the Sheriff, etc., county in which such witness may reside or be found, to execute subpoenas issued as above pro- vided, and that they shall each receive for their services in executing such subpoenas the same fees as are allowed them respectively for execut- ing subpoenas in other cases. Any witnesses sum- moned as above mentioned shall be entitled to the same mileage and per diem as is now allowed by law to such witnesses attending trials in the cir- cuit courts. If any witness subpoenaed as above mentioned shall fail to attend without good ex- Failure of cuse, in accordance with the subpoena served on witness to at- , . , ,, . ., , .., r tend or testify. hi m > or shall fail to attend without good excuse, in accordance with the subpoena served on him, or shall fail to testify when attending, it is hereby made the duty of said board or the member before whom said proceedings is being had, to certify to the failure of any witness to attend and tes- tify, to a judge of any court of record in the coun- ty where such proceeding is being held. It is hereby made the duty of the judge to whom such certificate is made to cause such witness to ap- pear before him at a time fixed by said judge, to show cause why he should not be punished for contempt, and to fine or imprison such witness as such judge may deem proper in case he is found guilty of contempt in the premises. That the ex- Expense, pense of executing subpoenas and the attendance ald ' of witnesses, as well as said contempt proceed- ings, shall be paid out of any funds in the treas- ury of the State on certificate of the chief mine inspector, approved by the governor of the State. Sec. 7. The chief mine inspector, shall, prior to the assembling of the legislature, make a writ- chtef * en re P ort to the governor stating the condition inspector. of the coal mining interests in this State with such suggestions, statistics, and information as may be of interest to the coal mining industry, and the report shall be printed on the order of the governor and paid for out of the funds of the treasury not otherwise appropriated. MINING LAWS OF ALABAMA. Sec. 8. The chief mine inspector shall be fur- nished by the State all necessary instruments furnish? 1 by for measurement of air in coal mines, and what- state. ever apparatus the said inspector may recom- mend. Sec. 9. The chief mine inspector shall procure for the State at the State's expense a full and standards, complete set of standards and other equipment, procured 6 such as, in his opinion, are necessary in the testing of scales, beams, and other necessary ap- paratus to be used for a just weighing of coal and other material at the coal mines according to the State standard of weights; and it shall be the duty of said inspector to examine, test and cause to be adjusted as often as occasion de- mands, all scales and other apparatus used in weighing coal at coal mines. Sec. 10. The chief mine inspector, with the concurrence of two of the associate mine inspect- ors, shall have power and authority to imme- oration of diately stop the operation of any coal mine or st0 p ped any part thereof in which there is sufficient gas or dust, in the opinion of the said chief mine in- spector and said associate inspectors, to cause an explosion and endanger the lives of the per- sons working therein, but work shall not be stop- ped in any mine except where there is immediate danger of an explosion until the operator or per- son in charge of said mine shall have had rea- sonable time in which to remove the danger of such explosion. Any operator, whose mine or any part thereof, has been stopped under this sec- tion, may apply to the chancery court of the county, where the mine is located for an injunc- tion, and upon ten days notice served on the chief mine inspector, said application for injunc- tion shall be heard by the said chancery court, if in session, or by the chancellor thereof, if the court be in vacation, upon testimony received in such manner as the chancellor may direct, pro- vided that each party shall be entitled to have all witnesses produced by him at the hearing exam- ined orally before the chancellor, and the testi- mony of each witness so examined shall be re- 8 MINING LAWS OF ALABAMA. duced to writing and signed by the witness and shall become a part of the record of the cause. If, upon such hearing, the proof shows that such mine or part thereof was or is wrongfully closed, then the chancellor, or chancery court trying the same, shall award a writ of injunction in favor of said operator, restraining said chief mine in- spector and associates from stopping the operat- ion of said mine or part thereof, and revoking the order of said chief mine inspector and asso- ciates. The chief mine inspector, or other repre- sentative of the State, with the consent of the governor may employ such experts as he deems necessary to examine the mine in question and the compensation of such experts shall be fixed by the governor and be paid out of the State treasury upon the order of the governor. An appeal by the unsuccessful party shall lie to the supreme court of the State from any decree of the chancellor or chancery court trying the cause. In all such causes the chief mine in- spector and associates shall be entitled to the ser- vices of the solicitor prosecuting for the State in the county where the the cause is triable, and the governor may provide special counsel of his selection to represent the chief mine inspector and associates and fix the compensation of such counsel, which shall upon the written direction of the governor be paid out of the moneys ap- propriated by section fifteen of this act in the manner therein provided. Sec. 11. Immediate notice must be conveyed to the chief mine inspector and the inspector of the Notice to in- proper district by the operator interested. First, specters by whenever an accident occurs whereby any person receives serious or fatal injury. Second, When- ever it is intended to abandon any coal mine or reopen any abandoned coal mines. Third. Upon the appearance of any dangerous accumulation of fire damp in any coal mine, whether accom- panied by explosion or not, and upon the occur- rence of any fire within the coal mine or on the surface. Fourth. When the workings of any coal mine are approaching dangerously near any operator of mine for cer- tain causes. MINING LAWS OF ALABAMA. -abandoned coal mine, containing accumulations of water or of gas. Fifth. Upon the accidental closing or intended abandonment of any passage way to an escapement cutlet. But none of the in- formation contained in any report of accident shall be divulged by any one of the inspectors, or their employees, to any person except in a legal proceeding or except it be to a member of the family of the party injured or killed, or to a legal representative of said party or family, and the chief mine inspector shall require such legal rep- resentative to file his authority therefor. Sec. 11 1-2. It shall be the duty of said board, whenever notified of any fatal accident or ac dent causing serious personal injury, to any per- causing death son employed in any coal mine in this State or or personal any gas or dust explosions therein, to require a ln:)ury ' member of said board to immediately repair to the scene of the accident or explosion and inves- tigate the cause of such accident or explosion and make such orders as are necessary or proper to secure the safety of the persons working therein. Said board shall keep on file at its office a list of all accidents resulting in death or serious bodily injury to any person working in or about such mines. Such list subject to examination as pro- vided in section 11. Sec. 12. Whenever the chief mine inspector shall require it, the owner, operator, or lessee of Reports fur- any coal mine shall send to the chief mine in- gp^tor ^s to spector on blanks furnished by him for that pur- ventilation. pose, a report showing the amount of ventilation at the inlet and outlet; the amount of ventilation at or near the last cross cut in each split, the number of splits and the number of men and ani- mals on each split. The report shall also include a record of the pressure gauge readings. Sec. 13. On or before the twenty-fifth day of Annual report January in each year, the operator or superin-pf operator to tendent of every coal mine shall send to the chief ^P 6 ** 01 " mine inspector a correct report, specifying with respect to the year ending with the thirty-first of December preceding the name of the operator and location of offices of coal mines, and the quantity 10 MINING LAWS OF ALABAMA. of coal and kind of coal mined. The report shall be in such form and give such information re- garding such mine as may be from time to time required, and prescribed by the chief mine in- spector. Blank forms for such report shall be furnished by the chief mine inspector. Sec. 14. The governor may remove any chief Removal of mine inspector or associate inspector at any time w ^k or without cause, the governor shall also have the power to fill vacancies occasioned from any cause. Sec. 15. The sum of twenty-five thousand Amount ap- (f 25,000.00) dollars is appropriated out of any propriated and money in the State treasury not otherwise ap- purpose of. propriated for each of the years 1911, 1912, 1913 and 1914, to pay the salaries of the inspectors and a chief clerk to be appointed by the chief mine inspector and who shall receive a salary of not exceeding fifteen hundred (f 1,500.00) dollars per annum ; the necessary traveling and other expenses incurred by the members of the board of mine inspectors while traveling in the dis- charge of their official duties, and for extraor- dinary expenses at mine disasters; and for the payment of not to exceed seventy-five ($75.00) dollars per month for office rent of said board; for the expense of chief or associate mine inspec- tor in attending mine inspectors' conventions, and for the rent or hire of a telephone at the res- idence of each member of said board and tele- phone at the office of said board; for postage stamps, stationery, and for the payment of long distance telephone and telegraph messages sent by the members of said board when necessary in the discharge of their official duties; also for the purchase of all necessary apparatus usually required in an office of that character; said ex- penses will be paid monthly on approval by the governor of monthly itemized statements pre- sented to him by the chief mine inspector; and the State auditor is authorized and directed to draw his warrant on the State treasurer in fa- vor of the chief mine inspector for the monthly MINING LAWS OF ALABAMA. ^ expenses incurred as aforesaid, when so direct- ed by the governor. Sec. 17. When any agent or operator of any mine shall refuse or fail to comply with any OP- Failure to coni- der or direction of the chief mine inspector af- ter the expiration of a reasonable time the chief mine inspector may, if he deem it advisable, re- fer the matter to the judge of probate in the county in which the mine is located. Upon such reference the judge of probate shall set a day for the hearing of the same and issue citation to the owner or operator of the mine to appear and con- test the same if he sees proper ; said citation to be served by the sheriff of the county at least ten days before the day of trial. Upon the applica- tion of either party, the judge of probate must issue subpoena for witnesses, to be served by the sheriff as in other cases. After hearing the case the probate judge must render such decision as he may deem just and equitable, from which de- cision either party may appeal to the circuit court within sixty days, when it shall be tried de- novo. Prom the decision of the circuit court either party may appeal to the supreme court of Alabama. If no appeal is taken, the decision shall be final and binding on said operator or mine owner, and any mine owner or operator who refuses to carry out the final order or determi- nation of the case, after a reasonable time, shall be guilty of a misdemeanor, and must, on con- viction be fined not more than one thousand dol- lars. Sec. 18. The chief mine inspector, who shall be ex-officio chairman of the board, with a vote Bord of ex ~ only in case of a tie vote, or in case of the ab- sence of one member of the board, together with two practical miners and two operators of coal mines, and one mining engineer (a majority of Power to ex- whom shall act) and all members of which board nmine - shall hold first class certificates, shall constitute a board of examiners to examine and give certi- ficates of fitness to persons to act as mine fore- men, or fire bosses, in any coal mine in this State ; Fee pald by a fee of five dollars shall be paid to the chiefappiicant. 12 MINING LAWS OF ALABAMA. Compensa- tion of ex- aminers. Meetings. Appointment and term of or fice. Present board continued. Record kept. Rules for ex- aminations. Duplicate cer- tificate fur- nished. mine inspector by each person examined for mine foreman certificate and three dollars for fire boss certificate, to be used as an examiners fund, before examination is begun. Out of the examiners fund there shall be paid to each mem- ber of the board, except the chief mine inspector, who shall serve without extra pay, four dollars per day. Said board shall meet every six months at the office of the chief mine inspector, and re- main in session not longer than six days and special meetings may be called by the chief mine inspector and must be called at the request of three members of the board. The members of this board shall be appointed by the governor and shall hold office for three years and until their successors are appointed and qualified and as near as possible two members shall be appointed one year and three the succeeding year. The present board shall remain in office until their terms expire and the governor shall appoint the additional members upon the passage of this act, and other members in accordance with this sec- tion as the terms of office of the present board respectively expire. The chief mine inspector shall preserve in his office a record of the meet- ings and transactions of the board and of all cer- tificates issued. Sec. 19. The examinations herein provided for shall be conducted under such rules, conditions and regulations as the members of the board shall deem most efficient for carrying into ef- fect the spirit and intent of this act. Such rules, when formulated, shall be made a part of the per- manent record of the board, and such of them as relate to candidates shall be published for their information and governance prior to each exam- ination ; they shall also be of uniform application to all candidates. Sec. 20. In case of the loss or destruction of a certificate the chief mine inspector may supply a copy thereof to the person losing same upon the payment of fl.OO, provided, it shall be shown to i he satisfaction of the chief mine inspector that MINING LAWS OF ALABAMA. 13 the loss has actually occurred? and the loser was the holder of such certificate. Sec. 21. If any person, or persons shall forge or counterfeit a certificate or knowingly make Penalty for or cause to be made any false statement in anyjjjjj ^ te ~ certificate under this act or in any official copy' of the same, or shall urge or influence others to do so, or shall utter or use any such false certifi- cate or unofficial copy thereof, or shall make, give, utter, produce, or make use of any false declaration, representation or statement in any such certificate or copy thereof, or any document containing same, or make any false statement or misrepresentation in application before examin- ing board for any certificate he or they, shall be guilty of a misdemeanor and his certificate can- celled or annulled by the examining board. Sec. 22. Applicants for first and second-class mine foreman's certificates shall be at least Qualifications twenty-three years of age, and shall have at least ^/^San^s five years practical experience, three years of certificates. which shall have been spent within coal mines after having attained the age of fifteen years as mine worker, superintendent, at or inside of any coal mine, and shall be citizens of the United States, and shall present an affidavit as to the above and a certificate of good moral character and of known temperate habits, signed by ten reputable citizens where he resides. The said board shall be entitled to grant certificates of competency of two grades, namely, certificate of the first class to persons who have had experi- ( f once in coal mines generating gases or accumu- competency or lating dust, one or both, and who shall have the two grades, necessary qualifications to fulfill the duties of mine foreman in such mines; and certificates of second class to persons who give satisfactory evi- dence of their ability to act as mine foreman in coal mines not generating explosive gases. Any person holding a first-class certificate of any other State may act as mine foreman in this State until the first meeting of the examining board. 14 MINING LAWS OF ALABAMA. Qualifications of applicants for fire boss, certificates. Certificates granted. Foreman may serve as fire Temporary mine foreman Certificates of service. Revocation or cancella- tion of cer- tificate. Sec. 23. Applicants for fire boss certificates shall be at least twenty-one (21) years of age, and shall have had at least three years practical experience within coal mines after having at- tained the age of fifteen years and shall be a cit- izen of the United States and shall present an affidavit as to the above and a certificate of good moral character and of known temperate habits signed by ten reputable citizens where he re- sides. Said board shall be entitled to grant cer- tificates of competency to persons who have had experience in coal mines generating gases and who shall have the necessary qualifications to fulfill the duties of fire boss in such mines. Sec. 24. Any one holding a first-class mine foreman's certificate may serve as fire boss. Whenever any exigency arises by which it is im- possible for any operator, owner or lessee to se- cure the immediate service of a certificated mine foreman or fire boss he may employ any trust- worthy and experienced man, subject to the ap- proval of the State inspector of the district, to act as temporary mine foreman or fire boss for a period of not to exceed sixty days. Sec. 25. Certificates of service may be issued by the examining board to persons acting as fire bosses at the time of the passage of this act and such certificates shall entitle them to act, until the next examination for fire bosses. Sec. 26. The certificate of any mine foreman or fire boss may be cancelled and revoked by the board of examiners, whenever it shall be estab- lished to the satisfaction of said board that the holder thereof has become unworthy of official endorsement by reason of violation of the law, intemperate habits, manifest incapacity, abuse of authority, or for other causes satisfactory to said board; provided, that any person against \vhom charges or complaints are made shall have an opportunity to be heard in his own behalf. And he shall have at least thirty days notice in \vriting of such charges, by the chief mine inspec- tor, and if the holder of a certificate is convicted on the hearing of such charge or complaint, of MINING LAWS OF ALABAMA. 15 violating any part of this law his certificate shall be revoked by the board. Provided, that the chief mine inspector after a thorough investigation, may suspend such holder pending a meeting of the board of examiners and its final action. Sec. 27. No person shall act as foreman in in gaseous any coal mine in this State generating explosive S^ gases or dust in quantities sufficient to explode certificate first or extend an explosion unless he is in possession grade - of a first-class certificate of conipetencv. and no rt " ' . Other mines person shall act as foreman in any coal mine in 8ec ond grade this State which is non gaseous unless he is in may act. possession of a first-class or second-class certifi- cate of competency. Sec. 28. The duties of the mine foreman may Duties f fore be performed by the assistant mine foreman dur- man performed ing the temporary absence of the mine foreman by assistant for a-period not exceeding one week. temporarily. Sec. 29. The mine foreman shall have charge of carrying out or directing the carrying out of his duties as prescribed in this act; and any per- to' discharge 111 son who shall direct or cause a mine foreman to duties as re- disregard the provisions of this act, shall D e quired b J" act - amenable in the same manner as the mine fore- man. Sec. 30. Whenever any entry, slope or head- ing or other working places in any coal mine con- entry ^ tains dust which will ignite, explode or extend etc/ an explosion, it shall be the duty of the person or corporation operating said mine to have it spray- ed or sprinkled. Sec. 31. Except as otherwise provided in this act no person shall act as fire boss in any coal JJjfact as* mine in this State generating explosive gases un-iire boss, less he is in possession of a certificate of compe- tency. Sec. 32. When gas exists in any coal mine in quantities sufficient to ignite or explode the own- Mines in which er, operator, lessee or agent of such mine shall j[J| n tft|JJ Ir employ a competent fire boss whose duties shall sufficient to be to examine every working place in the mine ig nite - before the men are permitted to enter for work. Said fire boss shall be at some convenient place for at least an hour each morning to inform .MIXING LAWS OF ALABAMA. Operation of machines. Employees to inform fore- man of un- safe condi- tion. Examine working place, every man as to the state and condition of his working place so far as gas in dangerous quan- tities is concerned before entering. Said work shall be carefully examined every morning with a safety lamp by the fire boss before the work- men are allowed to enter therein. It shall also be the duty of the fire boss after each examination to leave at a point at least twenty-five (25) feet distant from the face of every slope, drift, entry, or air course and at the neck of every room ex- amined by him a conspicuous sign or mark indi- cating the presence of gas in dangerous quanti- ties discovered by him, together with a memorandum of the date of his exami- nation. It shall be a misdemeanor on the part of any fire boss to fail to perform any duty imposed on him by the provisions of this section, and it shall be a misdemeanor for any person to enter in or dangerously near to any place in the mine in which he has been noti- fied in person that gas exists in dangerous quan- tities or dangerously near to any place where any such sign or mark has been placed. Sec. 34. Machine runners and helpers shall use care while operating machines they shall not operate a machine unless the shields are in place, and no persons not engaged in the operat- ing of a machine shall go near the machine while it is in operation. They shall not move the ma- chine except while cutting, while the cutting chain is in motion. If they remove props which have been placed by the miner or loader for the security of the roof, they shall reset such props. Sec. 35. All employees shall promptly inform the mine foreman or his assistant qf the unsafe condition of any working place, hauling roads or traveling ways, or of damage to doors, brattices, or stoppings, or of obstructions in the air pas- sages when known to them. Every workman em- ployed in coal mines shall examine his working place before commencing work, and after any stoppage of work during the shift, he shall re- peat the examination. MINING LAWS OF ALABAMA. 17 Sec. 36. It shall be unlawful for any miner, workman, or other person knowingly to injure any shaft, safety lamp, appliances, air course or brattices or to obstruct or throw open any air Unlawful to way or carry any open lamp or lighted pipe or|jjj ure shaft> fire in any form into any place worked by the light of safety lamps, or within five feet of any open powder, or to handle or disturb any part of the hoisting machinery, or open door regulating an air current and not close the same, or to enter any part of a coal mine against caution, or to do any willful act whereby the lives or health of per- sons working in coal mines or the security of the mine or the machinery thereof is endangered. Sec. 37. There shall be adopted by the opera- tor of every mine in this State special rules for the government and operation of his mine or Rules adopted mines, covering all the work pertaining thereto SJerator** in and outside of the same, which however, shall not be in conflict with the provisions of the min- ing laws of this State; such rules when establish- ed shall be printed on card board in the Engfish language, and shall be posted up in the drum house, tipple or some other conspicuous place about the mines where the same may be seen and observed by all the employees at such mines, and when a copy has been given an employee it shall operate as a notice to him and shall be conclusive of his acceptance of the contents thereof; and it shall be the duty of each mine operator to fur- nish a printed copy of said rules to each of his employees. Sec. 38. It shall be the duty of persons oper- ating coal mines in this State to keep at a con- Props and venient place at or near the main entrance &f SfjKj SJl 6 the mine, or in the mines, a sufficient supply of r af r. y props and other timbers useful for propping therein, of suitable lengths and sizes, for those working in such mines. It shall be the duty of those working in said mines who need props or other timbers to select and mark the same when needed for propping by them, designating on such props or timbers the place at which the 18 MINING LAWS OF ALABAMA. Openings t surface. Ventilation. same are to be delivered or give notice to the per- son whose duty it is to deliver or have the same delivered, of the number and kind of props or other timbers needed and of the place at which they are to be delivered. It shall then be the du- ty of the operator to promptly deliver or cause to be delivered such props or other timbers at the place designated. Sec. 39. In all coal mines employing twenty or more men inside at any one time it shall be the duty of the owner, operator, or lessee to have and maintain at least two available openings to the surface from each seam, or stratem of the coal worked in such mines, said openings which in case of slope mines, shall be separated by nat- ural strata of not less than twenty-five feet, and in all mines with two hundred tons or over daily capacity all stoppings between slopes and man- way shall be made of fire proof material. The said openings in case of shaft mines shall be sep- arated by not less than one hundred feet of nat- ural strata. Both of these openings, in all cases, shall be kept in good condition and shall be at all times reasonably safe and convenient for en- tering and leaving the mines; reasonable time however, shall be given to said owner, operator or lessee to prepare the second opening, in no case exceeding six months from the passage of this act, unless in the opinion of the chief mine inspector, a longer time is required, in which case he shall allow the additional time necessary. The said second opening may be made through another adjoining mine. At all points where the passage way to the escapement shaft, or other place of exit, is intercepted by other road ways or entries, conspicuous sign boards shall be placed indicating the direction it is necessary to take in order to reach such place of exit. Sec. 40. The operator or superintendent of every coal mine, whether a shaft, slope or drift, shall provide and hereafter maintain ample means of ventilation for the circulation of air through the main entries and all other working MINING LAWS OF ALABAMA. 1 9 places to an extent that will dilute, carry off and render harmless the noxious and explosive gases generated in the mine, the same to be not less than one hundred cubic feet per minute per man, and five hundred cubic feet per mule or horse, and shall be properly conducted to all working places. Sec. 41. No accumulation of explosive gas Accumulation shall be allowed to exist in the worked out or of explosive abandoned parts of any coal mine in operation, JJJ^J ot al ~ and the entrance or entrances to said worked out Fencing aban- and abandoned places shall be properly fenced doned mines, off, and cautionary notices shall be posted upon said fencing to warn persons of danger. Sec. 42. It shall be the duty of the chief mine inspector to require that proper breaks through Breaks be made in all room pillars at such distance through ' apart as, in the judgment of the mine inspector, may be deemed requisite, but said breaks through shall not be more than seventy feet apart. Sec. 43. At all principal doorways through which cars are hauled, an attendant shall be em^*" at T ployed for the purpose of opening and closing said doors when trips or cars are passing to and from the workings. Sufficient space shall be pro- vided at such doorways to protect the attendants from being injured by the cars while attending to their duties ; provided, that in any or all coal mines, where doors are constructed in such a manner as to open and close automatically at- tendants and places for shelter shall not be re- quired. Sec. 44. The doors used in a system for ven- tilating or regulating the ventilation of coal mines shall be so hung and adjusted that they when used will close themselves, or by supplying them with** ventil " springs or pulleys so that they cannot be left a standing open. When ordered by the chief mine inspector a second or emergency door shall be provided at all points where doors are used, said doors to be used in case of damage to the other door. After the passage of this act no ven- tilating fan shall be placed nearer than thirty 20 MINING LAWS OF ALABAMA. Furnace for ventilating in gaseous mines prohibited. Regulations, as to steam pipes. Insufficient ventilation. feet to an air shaft or air course and shall be placed to one side of the line of such opening so as to remove the fan from the blast of an explo- sion, and the air duct connecting the fan with such opening, shall be provided with self closing explosion doors. Sec. 45. It shall be unlawful to use a furnace for ventilating any coal mine where explosive gas is generated in quantities considered danger- ous by the chief mine inspector and associate mine inspector of the district in which such mine is located or where there is a known probability of cutting into explosive gas producing territory. This section does not apply to boiler plants in mines installed prior to the passage of this act, unless considered dangerous by the chief mine inspector and associate mine inspector of the dis- trict in which such mine is located. Sec. 46. No steam pipes through which high pressure steam is conveyed, for the purpose of driving pumps or other machinery, shall be per- mitted on travelling or haulage ways, unless they are encased in asbestos, or some other suitable non-conducting material, or are so placed that the radiation of heat into the atmosphere of the coal mine will be prevented as far as practicable, provided that after the passage of this act that steam pipes shall be placed in the return airway and may be without casing. Sec. 47. If at any time the chief mine inspect- or or his associates are notified or discovered that the ventilation in any coal mine within the State is insufficient, the said chief mine inspector or one of his associates, shall proceed within five days to investigate said complaint or complaints by personal inspection of any mine or mines in which the quality or quantity of air is complain- ed of, and if on investigation he finds that the air in any mine is insufficient, he shall direct the op- erator or operators of said mines to adopt such measures for the proper ventilation of said mine as he deems necessary. MINING LAWS OF ALABAMA. 21 Sec. 48. No person shall place refuse in or ob- c . an>t obstruct struct any airway or break through used as an airway> eto ' airway. Sec. 49. It shall be unlawful for any miner,, . , i-ii r. Unlawful to or other person to make or build any fire in any build fire in coal mine without the written permission of the mine, superintendent thereof. Sec. 50. No safety lamp shall be entrusted to any person for use in coal mines until he has ^JtedL^o^mw given satisfactory evidence to the mine foreman safety lamp 86 that he understands the proper use thereof and danger of tampering with the same. Sec. 51. All safety lamps used for examining coal mines or for working therein, shall be the safety lamps, property of the operators, and shall be in the car e, etc. of. care of the mine foreman, his assistant or fire boss or other competent persons, who shall fill, trim, and examine and deliver the same locked in a. safe condition to the men when entering the coal mine, before each shift. A sufficient quan- tity of extra safety lamps, but not less than 3 twenty-five per cent of those in use shall be kept at each coal mine where methane has at any time been generated in sufficient quantities to be detected by the ordinary safety lamps for use in case of emergency. It shall be the duty of every When lamp ln . person who knows his safety lamp to be injured jured. or defective to promptly report such fact to the party authorized herein to receive and care for said lamps, and it shall be the duty of that per- son to promptly repair or report such fact to the mine foreman. Sec. 52. Approved safety catches shall be at- tached to cage used for the purpose of lowering safety catches and hoisting persons into and out of coal mines, on cages. and must be provided with suitable sheet iron covers, at least one-fourth inch thick and hinged to open upward, to protect persons riding there- on from falling objects, and also with iron bars or rings in proper place, and sufficient number to furnish a secure handhold for every person permitted to ride thereon. An adequate brake Brake, shall be attached to everv drum or machine for 22 MINING LAWS OF ALABAMA. lowering and hoisting persons into and out of the mine and also indicators which shall show to the person who works the machine the position of the cage or load in the shaft or on the road Tubes for way. And, all shafts used for hoisting men, shall passage of be equipped with metal tubes or pipes, suitably adopted for. the free passage of sound, through which conversation may be held between persons at the top and landings of said shaft all safety catches provided for herein shall be carefully in- spected and properly oiled at least once a week and shall be at all times kept in good working condition.- Sec. 53. The main coupling cage chain in Test, etc., of shaft mines attached to the socket of the wire main coupling rope may be tested by weights or otherwise to cage chain. the satisfaction of the" mine inspector of the dis- trict wherein the coal mine is located, and bridle chains shall be attached to the main hoisting rope above the socket, from the top cross piece of the carriage or cage, so that no single chain shall be used for lowering or hoisting persons into or out of the mines. At all shafts used for the pur- pose of hoisting and lowering men, the cages shall be provided with automatic self detaching hooks or the engines handling same shall be equipped with an automatic stopping device to prevent overwinding. Sec. 54. The owner, operator or lessee of any Requirements coa l mine shall place in charge of any engines for operation used for conveying into and hoisting out engines, etc. ()f said coal m fa e ^ none l>ut a com petent engin- eer. No other persons unless authorized by the owner, operator or lessee shall enter the engine room, and it shall be unlawful for any person to interfere with or intimidate the engineer in the discharge of his duty. No person shall speak to the engineer while the engine is in motion, unless it be in giving signals to him, and notices to this effect shall be posted on the door of the engine house. Cable ends to Sec - 55 - Tne ends of all hoisting cables shall be secured. be well secured on the drum, and have at least MINING LAWS OF ALABAMA. 23 ^ two and a half laps of the same remain on the drum when the cage or trip is at rest at the low- est landing. Sec. 56. All shafts more than 300 feet deep from which hoisting is done by means of a bucket Guides in must be provided with suitable guides, and i n |5jJ f f S e v | r connection with the bucket there must be a cross- head traveling upon these guides. The height of the 'cross-head shall be at least two-thirds of its width. If the cross-head be a type that is not secured to the hoisting rope, a stopper must be securely and rigidly fastened to the hoisting rope at least seven feet above the rim of the bucket. Sec. 57. No open hook shall be used with a Q en hook bucket in hoisting. Safety hooks shall be em- prohibited, ployed. Sec. 58. Persons engaged in deepening a shaft in which hoisting from an upper level is going Protection of on shall be protected from the danger of fall ing material by a suitable covering extending over the whole area of the shaft, sufficient open- ings being left in the covering for the passage of men, a bucket or other conveyance used in the sinking operations. No hoisting shall be done in any compartment of a shaft while repairs are being made in that compartment, excepting such hoisting as is necessary in order to make such repairs. Sec. 59. Any person riding upon any cage, skip or bucket that is loaded with tools, timber, Regulations as powder or other material except for the purpose of assisting in passing such material through a shaft or incline and then only after a special signal has been given, shall be guilty of a viola- tion of this act. When tools, timber or other materials are to be lowered or hoisted in a shaft, their ends, if projecting above the top of the bucket, skip or other vehicle shall be securely fastened to the hoisting rope or to the upper part of the vehicle. This shall not apply to workmen carrying their own tools in a shaft. 24 MINING LAWS OF ALABAMA. Timber, etc., not to be car- ried on mov- ing cage. Cage not used for carrying men or mate- rials. Upper and lower landing, etc.. kept clean Passage way around land- ing place. Cable to be used for hoisting. Sec. 60. No person shall carry any timber or other materials other than tools and the day's supplies, with him on any cage in motion, ex- cept for use in repairing the shaft; and no one shall ride on a cage containing a loaded car, or on a single deck cage with an empty car. No cage having an unstable or self dumping plat- form shall be used for the carriage of men or materials, unless the same is provided with some convenient device by which said platform can be securely locked, and unless it is so locked whenever men or materials are being conveyed thereon. No coal shall be hoisted in any shaft while men are being lowered therein. Sec. 61. The upper and lower landing at the top of each shaft and the opening of each inter- mediate seam from or to the shaft, shall be kept clear and free from loose materials, and shall be securely fenced with automatic or other gates, so as to prevent either men or materials from falling into the shaft. Sec. 62. -At the bottom of every shaft and at every caging place therein, an adequate passage way must be provided around said landing place to serve as a traveling way by which men or ani- mals may pass from one side of the shaft to the other without passing under or on the cage. Sec. 63. It shall be unlawful to use in any coal mine included within the provisions of this act, any rope or cable for hoisting or lowering either man or material, when such hoisting is done by other means than human or animal power, unless such rope or cable shall be com- posed of iron or steel wires, with a, factor of safety determined as hereinafter set forth, pro- vided, however, that such iron or steel wires may be laid around a. hemp center. The factor of safety of all ropes or cables shall, when install- ed in no case be less than five and shall be calcu- lated by dividing the breaking strength of the rope as given in the manufacturers' published ta- bles by the sum of the maximum load to be hoist- ed, plus the total weight of the rope in the shaft MINING LAWS OF ALABAMA. 25 when fully let out, plus ten per cent of such val- ues, to take account of shock at starting and stop- ping. Sec. 63y 2 . It shall be unlawful for any mine operator, superintendent or mine foreman to Drag on rear haul or cause to be hauled on any slope or plane of cars - where the grade is against the loaded cars or trips of cars without using a drag on the rear end of the cars or trips of cars when required by two or more mine inspectors for the purpose of derailing the cars or trips of cars in case they break loose and run back. The drag may be of heavy wrought iron or of soft steel. Sec. 64. No driver or other person shall de- Driver not to scend, or ascend a shaft with any horse or mule, ascend or de- unless the said horse or mule is secured in a ^h d animal suitable box or safely penned, and only the dfiv- only under er in charge of said horse or mule, and such as- certain con- sistants as he may need, shall accompany it in any case. Sec. 65. The owner, operator or lessee of any .*_,, nf . . A UGia.li map or coal mine in this State, shall make or cause to mine what be made by a competent engineer an accurate must show, and exact detail map of said mine showing the etc " etc< exact position of said mines in reference to the section line, which shall be connected with some known boundary line of the section or subdivis- ion of the section. Said map shall show accu- rately the position of any branches, creeks, riv- ers or railroads under which said mine may ex- tend ; also as near as possible the position of any old coal mine nearby. The location of all oil and gas wells shall be shown on said map. Said maps shall show all shafts, slopes, tunnels or other openings to the surface or to the workings of a contiguous coal mine; all excavations, en- tries, rooms and cross-cuts; the location of the fan and furnace and the direction of the air cur- rents; the location of pumps, hauling, engines, engine planes, abandoned works, fire walls and standing water; and the boundary line of any surface outcrop of the seam. A separate and similar map, drawn to the same scale in all cases, 26 MINING LAWS OF ALABAMA. shall be made of each and every seam, which after the passage of this act, shall be worked in any coal mine and the maps of all such seams shall show all shafts, inclined planes or other passage ways connecting the same. Each map shall also show by elevation in feet and decimals thereof the rise and dip of the seam from the opening in either direction to the face of the workings. Said map shall be sworn to by the engineer making same. The map provided for herein shall be filed with the chief mine inspect- or during the month of January, next after open- ing of said mine, and shall show its condition on the first day of such January, and all new work inside of the mine must be added to said map, or a new map filed each year thereafter, showing the condition of the mine on the first day of Jan- uary of the same year, and this provision for ad- ditions to maps shall apply to all maps which have heretofore been filed in the office of the chief mine inspector. Said maps shall be filed in the office of the chief mine inspector, who shall provide a suitable and safe place for keep- ing them. The chief mine inspector with the ap- proval of the board of examiners may refuse to accept maps made by persons claiming to be mining engineers who are not known to be such and of good standing and character in their pro- fession. The mine boss in charge of such mine shall certify to the correctness of such map, to Ihe best of his knowledge and belief, and the ad- ditions made thereto. Said map shall be made on a uniform scale of one hundred or two hundred feet to the inch. The persons entitled to examine maps, plats and records of a coal mine shall be the owner, operator or lessee or agent of such coal mine, the persons financially interested in such mine; the owner, or owners, of land ad- joining such mine; the owner or owners of land adjacent to such mine; the owner, operator, les- see or agent of a coal mine adjacent to such mine, and the authorized representatives of the em- ployees of such or the employees driving any MINING LAWS OF ALABAMA. 27 break through liable to break into adjacent mine. The chief mine inspector shall not permit such maps, plans, records and papers to be removed from his office, and shall not furnish copies there- of to any persons except by request of the owner, operator, lessee or agent of the mine to which such maps, plans and records pertain. The chief mine inspector during the first three days of January of each year, shall forward, or cause to be forwarded by express, or by other safe means of transmitting at the expense of the owner, op- erator or agent of the respective coal mines, all maps on file in his office of mines in operation to the chief office of the respective mine as such chief office shall be reported to him, in order that said map may be revised showing the condition of the mine on the first day of January of each year and such owner, operator or agent of each mine in this State shall have such maps revised during the month of January of each year, and return the same to the office of the chief mine inspector charges prepaid, during the said month of January. Sec. 66. Whenever the operator of any coal mine shall neglect or refuse, or, for any cause Penalty for not satisfactory to the chief mine inspector, fail failure to fur- for the period of three months, to furnish to nish - said inspector the map or plan of such mine, or a copy thereof, or of the extension thereto, as provided for in this act, such operator shall be deemed guilty of a misdemeanor. In addition thereto the chief mine inspector is hereby au- thorized to make or cause to be made, an accu- rate map or plan of such mine at the expense of the owner thereof; and the cost of the same may be recovered by law from the operator in the same manner as other debts by suit, in the name of the chief mine inspector and for his use. Sec. 67. If the chief mine inspector shall be- lieve that any map or plan of any coal mine made or furnished in pursuance of the provisions of this act is materially incomplete, inaccurate, or imperfect, then the chief mine inspector is here- 28 MINING LAWS OF ALABAMA. by authorized to cause a correct survey and map or plan of said mine to be made at the expense of the operator thereof, the cost of which shall be recoverable from said operator as other debts are recoverable by law; provided, that when the chief mine inspector shall cause a new survey and map or plan of any such coal mine, and it is found that the map or plan furnished by the operator was substantially correct, then the cost of the survey, map or plan caused to be made by the chief mine inspector shall be paid by the State. Sec. 68. The chief mine inspector may order ordered m fy fa- a survev to ^ ma de between the regular survey spector. periods, of the workings of any coal mine and the results to be extended on the maps of the same and the copies thereof, whenever, in his judgment, the safety of the workmen, the sup- port of the surface, and the conservation of the property or the safety of an adjoining coal mine require it. Sec. 09. When any coal mine is worked out, or is about to be abandoned or indefinitely closed, Final surve tne P erator of the same shall make or cause to when mine be made a final survey, where not already made, worked out, of all parts of such mine and the results of the same shall be duly extended on all maps of the mine and copies thereof, so as to show all exca- vations and the most advanced workings of the mine and their exact relation to the boundary or section lines on the surface and such aban- doned mines shall be properly fenced off. Sec. 70. When it is known that a place is likely to obtain a dangerous accumulation of Precautions gases or water, workings when approaching such d^SeSmf oo Places, shall not exceed eight feet in width, and account of the person, or persons, driving such place, shall >r gas. constantly keep at a sufficient distance ahead, not less than three yards in advance, one bore hole near the center of the working, and one in each corner 15 feet deep, at an angle of forty- five degrees, at intervals of six feet. These holes shall not be used for blasting but separate holes MINING LAWS OF ALABAMA. 29 for blasting not over four feet deep, must be drilled. These precautions must begin at least 100 feet from the probable source of danger. Sec. 71. In any coal mine, or coal mines, or parts thereof, wherein water may have been al- Lawful to tap lowed to accumulate in large and dangerous et !p. .water in quantities, putting in danger the adjoining or mine 1011 adjacent coal mines, and the lives of the miners working therein, and when such can be tapped and set free and flow by its own gravity to any point of drainage, it shall be lawful for any op- erator or person having a mine so endangered, with the approval of the chief mine inspector, to proceed and remove the said danger by driving a drift or drifts protected by bore holes as provid- ed by this act, and in removing said danger it shall be lawful to drive across property lines if iteedful, provided, that all coal removed in such driving from adjacent land shall be paid for on the basis of 25 cents per ton of 2,000 pounds. And, it shall be unlawful L b nl t a r wf " 1 to for any person to dam or in any way obstruct Sow the flow of water from said mine or parts there- of, when so set on any part of its passage to point of drainage. Sec. 72. In no case shall the workings of any coal mine be driven nearer than 15 feet to the i^ m n on boundary line of the coal rights of the owner workings to of said mine, except for the purpose of establish- ^""dary line. ing an underground communication between con- tiguous mines, as provided for elsewhere in this act. Provided, that by mutual consent of adja- cent property owners, this distance may be re- duced or eliminated entirely and provided, fur- ther, that any operator working up to an aban- doned coal mine may be permitted to work to his property line if approved by the chief mine in- spector, but in such cases proper precautions must be taken as provided in this act. Sec. 73. 'Whenever the owner, operator or les- see of any land adjacent to other land on which any coal mine is being worked, shall have reason 30 MINING LAWS OF ALABAMA. Proceedings of owner of ad- jacent land has cause to be- lieve that work has en- croached on his land. Regulations as to use of gasoline and naptha. to believe that such mine is being so worked as to encroach upon his land, and has been refused by the owner, operator or manager of the mine, permission at reasonable time to enter upon said mine with a competent engineer for the purpose of inspecting and surveying such mine, he may make application under oath to the probate court of the county in which the mine is situated, set- ting out the facts and praying for an order that such mine shall be surveyed. Upon the hearing after such notice to the owner, operator or lessee of the mine, as the court may prescribe, the court may make an order requiring the chief mine in- spector to employ a competent engineer to make a survey of such mine and file such survey in the office of the judge of probate and such survey when filed shall be received in any court as pri- ma facie correct. The court may at any time dur- ing the progress of the proceedings require se- curity for costs and may tax the costs in such manner as may be just and equitable. Sec. 74. No gasoline, or naptha, shall be used in a coal mine, excepting for operating machin- ery, blow torches, safety lamps or for operating under the following regulations : Notice shall be made to the chief mine inspector before in- stalling, and the installation and operation shall be subject to his approval. The supply tank from which the gasoline or naptha 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 tight and the tank kept free from leaks ; the gasoline or naptha shall be fed from a tank to the carburetor or mixer by metal tubes secure- ly connected so as to reduce the possibility of leaks to a minimum; the exhaust from the en- gine, when discharged in the mine, must not con- tain more than 12 volumes of carbon dioxide and 1 volume of carbon monoxide to 10,000 volumes of air. At no time shall there be more than two davs' supply of gasoline or naptha in the supply tanks ; at no time shall more than one day's sup- ply of same be taken into the mine at anv one MINING LAWS OF ALABAMA. 31 time and at no time shall there be more than two days' supply in the mine; including that in the supply tank. No gasoline or naptha 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 or uaptha 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 or naptha, and the cap on the supply tank shall be imme- diately closed; in no case shall the package, can, or the supply tank, be opened with any open light or other thing containing fire within twen- ty-five feet of the same. Sec. 75. The oiling or greasing of cars inside of coal mines is strictly forbidden, unless the piling cars place where said oil or grease is used is kept rea- ^bidden mine sonably clean. Not more than one barrel of lu- bricating oil shall be permitted in the mine at any one time. No explosive oil shall be used or taken into the mines for lighting purposes except Oils used and when used in approved safety lamps and ilium- quantity per- inatiug oil shall not be stored or taken into mines m jt ted in .... ,. ,, ,, mine, in quantities exceeding five gallons. Any person using explosive or impure oils in any coal mine contrary to any of the provisions of this act, shall be guilty of a misdemeanor ; provided, this Penalty for does not apply to gasoline used in gasoline en- violation, gines or pumps, or naptha, so used. Sec. 76. It shall be unlawful for any work- man to fire a blast without first notifying all per- Notice must be sons in the immediate working places of that en- & j^ t re try, and without giving sufficient alarm so that any person or persons approaching shall be warned of danger. Sec. 77. It shall be unlawful for any miner Hole cleanecl to charge any hole for blasting coal before the before being hole has been thoroughly cleaned of dust by suit- charged, able scraper. It shall be unlawful for any min- er to tamp any blasting hole with coal or other inflammable material and it shall be the duty of Tamping hole. 32 MINING LAWS OF ALABAMA. Clay, etc. provided. When firing restricted un- lawful to fire at other time. When consent of foreman necessary to fire shot. Use of squibs, etc. Shout "fire." Fuse must be of sufficient length. When person can return to missed shot. the owner, operator or lessee of any coal mine wherein clay or other non-inflammable material suitable for use in tamping in preparing shots cannot be readily obtained to provide and depos- it within said mine such material in each work- ing heading, and such miner shall keep a suffi- cient quantity of clay or other non-inflammable material convenient to his working place, and in case he has not the necessary supply of clay or other non-inflammable material for tamping pur- poses he shall not charge any blasting hole until the same has been procured. Sec. 78. At a coal mine where the firing of shots is restricted to specific times, it shall be un- lawful for any miner to fire a shot until the time appointed for him to do so, and then only in such rotation as designated. Sec. 79. It shall be unlawful for any miner, shot firer or workman to fire a blast in any work- ing place which is likely to generate sudden vol- umes 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 foreman for that purpose. Sec. 80. A miner, workman or shot firer who is about to explode a shot with a manufactured squib, shall not shorten the match thereof or saturate with oil or ignite it except at the end ; and he shall see that all persons are out of dan- ger from the probable effects of such shots, and whether using squibs or fuse shall take measures to prevent anyone approaching by shouting "fire" immediately before lighting the same. Sec. 81. It shall be unlawful for any miner, workman or shot firer to explode any shot with a fuse of insufficient length to project from the hole, when the cartridge is at the back of the hole, and in no case less than three feet or to fire any shot which is not tamped the full length of the hole. Sec. 82. No person shall return to a missed shot, if lighted with a squib until five minutes have elapsed from the time of lighting the same, or if lighted with fusef until the following day ; MINING LAWS OF ALABAMA. 33 and no person shall return to a missed shot when the firing is done by electricity unless the wires are disconnected from the battery or pow- er line. Sec. S3. Whenever a workman is about to open a box or can containing powder or other ex- plosive, and while handling the same, he shall Regulations place his lamp at least five feet distant from said as to opening explosive, and in such position that the air cur- ' >owder - rent cannot convey sparks to it, and no person shall knowingly approach nearer than ten feet to any open box containing an open can of powder or other explosive with a lighted lamp, lighted pipe, or other thing containing fire. No miner, workman, or other person shall open any keg, can or other container of blasting powder with any pick, wedge, tool or in any manner except by the means of opening of the same provided by the manufacturer thereof, and it shall be unlawful, and a violation of this act, for any person to have in his possession in any mine any can or ether container of blasting powder containing blasting powder, which has been opened in viola- tion of this act. Sec. 84. Every person who has powder or other explosive in a coal mine shall keep same in Re ulations as a wooden box securely 'locked, with hinged lid, tokening and said box shall be kept as far as practicable powder in from the track ; and said powder boxes shall be mme< kept as far as practicable from each other and each in a secluded place, nor shall any explosive be kept nearer than 100 feet to any working place. All black powder or other loose blasting material shall be carried into the mine by the miner in a proper receptacle with a securely fas- tened top. Sec. 85. No blasting powder or other explo- sives shall be stored in any coal mine and no J*w der no * . , ,, , * 7 .. ., to be stored m workman shall have at any time more than the mine, etc - supply allowed by the rules and regulations of the mine, and in no case shall more than one kind of explosives be used in any one drill hole; pro- vided, that nothing in this section shall be con- 34 MINING LAWS OF ALABAMA. strued to prevent the operator from taking into the mine, under proper precautions, a sufficient quantity of explosives for the reasonable require- ments of such mine for the next succeeding work- ing day. Sec. 86. It shall be unlaAvful for any person to Unlawful to take or nave in nis possession or under his con- have expio- trol within any coal mine, any explosive not sive in mine permitted in the mine by the rules of said mine. ExpiosTv^not Sec. 87. No stocks of "blasting powder and ex- kept in wood- plosive materials shall be kept for storage in a en structure. WOO( j en structure. Sec. 88. It shall be unlawful for any person to take or have in his possession or under his ha n ve W d f ynamite, control within any coal mine in the State of Ala- etc., in mine bama, any dynamite, or any other explosive if prohibited. w hi c h may be prohibited by the rules and regula- tions of said mine from being in said mine, un- less such person shall first have the written con- sent of the mine foreman or other person in charge of the operation of said mine, which said Exception. consent in writing shall set forth the use for which any such dynamite or other prohibited ex- plosives may be particularly intended. Sec. 89. The owner or operator of each coal mine, at which the miners are paid by weight, owner s ^ a11 P roy ide such mines with suitable scales of when miners standard make for the weighing of all coal, when paid by weight, contracted for to be weighed. Sec. 90. All coal mined in this State, contract- ed for payment by the ton or other weight shall Co f weighed fc e we ighed, and the full weight thereof shall be and credit giv- ,., * , ' en miner, 2,000 credited to the miner of such coal, and two thou- pounds a ton. sand pounds of coal shall constitute a ton. Sec. 91. In all coal mines, the miners employ- ed and working therein may furnish a check m h< n Ck m Wel b h wc i nn ian, who shall, at proper times, have full furnished by Access and examination of the scales, and see miners; duties, all measures and weights and accounts kept of same; provided, that not more than one person shall have such right of access, examination and inspection of scales, measures and accounts at the same time. MINING LAWS OF ALABAMA. 35 Sec. 92. The mine inspector, miners employ- ed in the coal mines and the owner of the land or Persong hav . persons interested in the rental and royalty of ing access to such mines, shall at all times have full right of scales> etc - access to scales used at said mines, including tal- ly sheets or tally book in which the weight of coal is kept, to examine the amount of coal mined, for the purpose of testing the accuracy thereof. Sec. 93. It shall be the duty of the owner, op- erator or lessee or superintendent of each coal stretcher, etc. mine to keep at or near the mouth of the mine, ke or at such other place about or in the mine as shall be designated by the chief mine inspector, a stretcher, properly constructed, and so arrang- ed that it may be carried on top of the mine car without slipping, and a woolen and water proof blanket in good condition, for use in carrying away any person who may be injured at the mines; and where more than 100 men are employed two stretchers and two woolen and water proof blankets shall be kept at or in mines generating fire damp. A sufficient quantity of linseed oil, olive oil or sterilized sweet oil kept in close packages, and also carbolized vaseline, bandages, and linen shall be kept in the store at the mines or at such other place as would be convenient to the mines for use in emergencies and bandages shall be kept at all times. Sec. 94. Any building, erected after the pas- sage of this act, for the purpose of housing the hoisting engine or boilers at any shaft, shall be housing hoist- substantially fireproof and no boiler house shall ing engine, etc. be nearer than sixty feet to the main shaft, or to be fireproof, opening, or to any inflammable structure con- nected therewith. Sec. 95. After the passage of this act, it shall be unlawful to place a main or principal venti- to be placed in- lating fan inside of any coal mine. side of mine - Sec. 96. The owner, operator, lessee or agent Regulations of a coal mine at which the live stock is kept as to stable underground, shall observe the following: The J^ } t un stable or stalls shall be separated from the main der ground. 36 MINING LAWS OF ALABAMA. Lighted pipe, etc, not al- lowed in stable. inlet and main outlet air courses by not less than twenty feet of solid strata or a solid wall of brick 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 of an 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 the main inlet air courses 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 arranged so that the by-pass or split can readily be closed at both inlet and out- let sides of the stable by steel doors described above; the construction of the stable inside shall be free from pine or light lumber ; shall be of brick masonry as much as practicable, and any timber used shall be of hardwood of a cross sec- tion not less than three by six inches; no hay or straw shall be taken into the mine or stable un- less the same be compressed into compact bales, and then only from time to time in such quantity 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 inside the stable shall be incan- decent electric lamps, placed so that the same will not be injured by the stock or persons re- quired to enter the stable, or lanterns of rail- road type suitable for using lard or signal oil, and only such oil shall be used therein ; all re- fuse and waste shall promptly be removed from the stable and mine and shall not be allowed to accumulate. 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 mines used as a means of ingress and egress. Sec. 97. It shall be unlawful for any person to take a lighted pipe or other thing containing fire, except lanterns as provided for in the pre- MINING LAWS OF ALABAMA. 37 ceding section into any stable in any coal mine in this State. Sec. 98. No person, or persons, except those in charge of trips, superintendents, mine fore- Persons per- inen, electricians, machinists and blacksmiths mitted to ride and others, when required by their duty shall ride on haulage trips, except a special trip of entry cars may be operated for the purpose of taking employees into and out of the mine, when the distance to and from their work exceeds one mile. No person, excepting trip riders, shall ride on loaded car or cars, and they shall ride only the front or rear end of the trip. Sec. 99. No other person shall be allowed to travel on foot to or from his work on any incline [^ave^oiTI'oot, plane, rope or locomotive roads, when other on p i a ne. etc. roads are provided for that purpose. Regula- tion concerning the installation, maintenance and operation of electrical apparatus in coal mines in the State of Alabama. Sec. 100. Voltage. Rule 1. Electrical pres- sure or voltage referred to in these regulations is understood to mean that measured on all ap- Regulations paratus wires and cables installed and used un- concerning the derground. It not only applies to voltages ineas- J^inie^ance ured between terminals, conductors, etc., but al- Sc!, n o? a Se&- so to the voltage measured between any one con- tricai appara- ductor, terminal, etc., and the earth. Rule 2. tus ' Three systems of voltages are described as fol- lows : Class 1. Low. 300 volts direct current, or 240 volts alternating current or less. Class 2. Med. Between 300 volts and 600 volts direct cur- rent, or 240 volts and 480 volts alternating cur- rent. Class 3. High. 600 volts direct current or 480 volts alternating current and higher. Rule 3. No apparatus or conductors carrying a volt- age within class three shall be allowed in or about working places. Rule 4. Portable appar- atus using a voltage of class three are prohibited. Rule 5. Electrical equipments installed after this date shall not use any voltage higher than that in class one in or about working places. This does not prohibit the use of voltages defin- MINING LAWS OF ALABAMA. ed in classes two and three (except in or about working places) provided such apparatus is in- stalled and maintained according to these regu- lations. Rule 6. Power circuits entering the mine must be protected against lightning by lightning arresters at all points of entrance to the mines. Rule 7. The three wire double volt- age system having a maximum voltage within class two may be used provided the neutral is ef- fectively grounded and the maximum voltage be- tween any conductor and the earth complies with these requirements. Rule 8. The regulations covering the installation and maintenance of con- ductors do not apply to the grounded or return conductor or any grounded system. Rule 9. Trolley wires are prohibited in any part of the mine where safety lamps are used. Rule 10. Series arc and incandescent systems of class three shall not be used. Rule 11. Conductors in shafts and slopes used as traveling ways and in escape ways shall be protected. Rule 12. Con- ductors of voltage of class three shall be reason- ably protected against mechanical injury and be adequately insulated to minimize the danger of fire and shock. Such conductors shall not be used where they cannot be made to comply with these regulations. Rule 13. All trolley wires carrying a voltage of class two must be properly shielded except where the same are at least 6% feet above top of rail. Rule 14. Signal wires shall be run at a safe distance and where possible placed on side of slope or heading away from other circuits. Rule 15. A separate or independent circuit shall be provided for shot firing, where done by electricity from the outside. A switch above the surface controlling all the shot firing circuits must be kept in a locked box, accessible only to the authorized shot firers, and switch not closed except to fire shots after which it must be opened and locked opened. Rule 16. All shot firing switches shall be kept open un- til immediately before the shots are fired. Af- ter the shots are fired, the switches must be MINING LAWS OF ALABAMA. 39 locked in open position. Rule 17. No lighting on power circuits in the mines shall be used for firing shots except in sinking shafts or rock slopes, and then only when a special switch for such firing circuit is provided and fixed in a lock- ed box accessible only to the authorized shot firers. Rule 18. Shot firing wires, shall, where possible, be put on the side of the heading or slope away from power and lighting circuits. Rule 19. W T here this system is used a suitable means of disconnecting wiring in working places shall be provided, and kept open at all times, when miner is working in his place. Rule 20. Oil switches only shall be used for voltages of class three. Rule 21. Any unusual arcing, sparking, or heating of any of the electrical equipment shall be reported at once to the prop- er mine officer by the attendant or any other person having knowledge of same. Sec. 101. No person shall erase or change a mark or reference or monument made in connec- Erasure of tion with measurements; change the checks on marks, etc., cars ; wrongfully check a car, or do any act with P roniblted - reference thereto with the intent to defraud. Sec. 102. Any employee, or other person, Qnlawful to who shall wilfully deface, pull down or destroy deface, etc., any notice board, danger signal, general or spe- danger sig- cial rules or mining laws, shall be guilty of a na1 ' etc misdemeanor. Sec. 103. All persons are forbidden to med- ctrjc wireg die or tamper in any way with any electric or not to De signal wires in or about the mines. tampered with. Sec. 104. Persons not emplovees of a- coal , ,, . . " , ., Persons not mine shall not enter such mine unless the con- employees not sent of the operator or his authorized represen- to .^ nte ^.^ tative has been secured and shall not stand onj' the tracks or go near the machinery or other sionr place of danger. Sec. 106. Whoever shall, while under the in- rntoxicated fluence of intoxicating liquor, enter any coal persons and mine, or any of the buildings connected with the intoxicating operation of the same, within this State, where J|j}J|{J fj" miners or other workmen are employed, or who- mines, etc. 40 MINING LAWS OF ALABAMA. Soliciting funds pro- hibited. ever, shall carry intoxicating liquors into the same, shall be deemed guilty of an offense against this act, and upon conviction shall be punished accordingly. Sec. 107. On and after the passage of this act any coal mine superintendent, mine foreman, or assistant mine foreman, or any other person or persons, who shall receive or solicit any sum of money, or other valuable consideration, from any of his or their employees for the purpose of con- tinuing in his or their employ, or for the purpose of procuring employment, or procuring or keep- ing working places shall be guilty of a misde- meanor, and upon conviction shall be subject to a fine of not less than fifty dollars, nor more than three hundred dollars, and shall be sentenc- ed at hard labor for the county for not less than six months. Sec. 108. No woman of any age or boy under ^ e age o f fourteen shall be employed to work . * . . F . J ,,. ~, or about mines. or labor in or about any coal mine in this State. Sec. 109. For the purpose of making known the rules and provisions of this law to all per- sons employed in or about coal mines, to which this law applies, an abstract of the law and Abstract of rules shall be furnished by the chief mine in- law and rules spector and posted up in legible characters in Woman and boy under 14 Qot to work in furnished and posted. Penalty for Injuring. Penalty for willful neg- lect, etc. some conspicious place or places at or near the mines where they may be conveniently read by the persons employed, and so often as they be- come obliterated or destroyed, the owner, oper- ator, lessee or superintendent, shall cause them to be renewed with all reasonable dispatch. Any person who pulls down, injures, or defaces such abstract of the law or rules when up in pursu- ance of the provisions of this chapter, shall be guilty of an offense against the law. The mine rules and regulations so posted shall limit and govern the amount and kind of explosives used in said mine. Sec. 110. Any willful neglect or refusal or failure to do the things required to be done by any section, clause or provision of this act. MINING LAWS OF ALABAMA. 41 on the part of the person, or persons, herein re- quired to do them, or any willful violation of any of the provisions or requirements hereof, or any willful attempt to obstruct or interfere with any inspectors in the discharge of the duties herein imposed upon him, shall be deemed a misdemeanor, and unless herein otherwise pro- vided punishable by a fine of not less than five dollars or more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, one or both," at the discretion of the court; provided that in addi- tion to the above penalties, in case of the failure of any operator to comply with the provisions of this act in relation to the sinking of escape- ment shafts and the ventilation of mines, the State's attorney for the county in which such failure occurs shall proceed against such opera- tor by injunction without bond, to restrain him from continuing to operate such mine until such legal requirements shall have been fully compli- ed with. Sec. IIO 1 /^. The word person wheresoever Meanlng of used in this act shall include corporation asso- word person, ciation co-partnership or firm as well as an ac- tual person. Sec. 111. All laws and parts of laws, local, general or special in conflict with the provisions Repeal, of this act are hereby repealed. Approved April 18th, 1911. INDEX. Section. Abandoned mines 11,69 Accidents in reference to 5%, 11-11^ Adjacent owner may inspect mines 73 Adjoining land owners may inspect maps 65 Air: instruments for testing furnished by State 8 Air-way ; must not obstruct : 48 Annual report Mine Operator to Chief Mine Inspector 13 Appointment of Inspectors terms of office 1 Appropriation 15 Authority to stop operations of mines 10 Automatic Doors 44 B Blast-firing 76 Blasting when restricted _ 78 Blasting when fire damp is generated 79 Blasting charging holes 77 Blasting Powder use of squibs 80 Exploding shot with fuse of insufficient length 81 Missed shots 82 Manner of handling explosives 83 Board of Examiners meetings, etc. 18-19 Boilers as to boiler plants in mines 45 Bond may be required, of Chief Mine Inspector 2% Boundaries 15-foot limit 72 Boys under fourteen not to work in mines 108 Breaks through 42 Chief Inspector Must make report to Governor 7 Appointment, term 1 Salary _. 2 44 INDEX. Section. Qualifications 3-4 Duties 5-51/3 Powers 6-7, 10 Cable fastenings 55 Cages 52, 59 Cage chains 53 Cage regulations 60 Caution to miners 36 Clay as to supply of for charging holes 77 Certificates . 18 Duplicate 20 Fraudulent 21 Qualifications for mine foremen 22 Qualifications for fire boss 23 Of service 25 Cancellation of 2