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CHAPTER 149.-Sunday labor.
Sunday labor SECTION 16. If a person, on a Sabbath day, be found laboring at
any trade or calling, or employ his minor children, apprentices, or
for running any railroad train or steamboat on the Sabbath day, * *; and no forfeiture for laboring on the
Sabbath day shall be incurred under the said section, by any perObservance of son who conscientiously believes that the seventh day of the week seyenth day. ought to be observed as a Sabbath and actually refrains from all
secular business and labor on that day, provided he does not com-
Inspectors. SECTION 1 (as amended by chapter 106, Acts of 1901)a. The
governor of the State, by and with the consent of the senate, shall
district mine inspectors. Penalty.
b. Any chief mine inspector who shall violate any of the provisions of this act shall, upon conviction thereof, be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court, be imprisoned in the county jail not
exceeding one year.
monthly to the chief nine inspector, the number and condition of
pointed and qualified.
least eight years' experience in the working, ventilation and drain-
knowledge of all noxious and dangerous gases found in such mines. of district in- (1. Every person so appointed district mine inspector must be a spectors. citizen of West Virginia, baving a practical knowledge of mining
and properly ventilating and draining mines, and a knowledge of the gases met with in coal mines, and must be a miner of at least six years' experience as a miner in the coal mines, or having been otherwise engaged as an employee for six years within the mines of this State; and he shall not while in office, be interested as. owner, operator, agent, stockholder, superintendent or engineer of any coal mine, and he shall be of good moral character and temperate habits. An inspector of mines shall be removed from office by the chief mine inspector of this State for incompetency, neglect of duty, drunkenness, malfeasance and for other good causes.
SEC. 2 (as amended by chapter 106, Acts of 1901) a. Vacancies in Oath, etc. office of inspectors shall be filled by appointment by the governor of the State for the unexpired term. Every person appointed inspector of mines, shall, before entering upon the discharge of the duties of his office, take the oath before some person authorized by law to administer oaths, that he will support the Constitution of the United States and the constitution of the State of West Virginia, and that he will faithfully and impartially, to the best of his ability, discharge the duties of his office, and file a certificate of his having done so in the office of the secretary of state, and he shall give a bond in the penalty of two thousand dollars, with sureties to be approved by the governor of the State, conditioned that he will faithfully discharge the duties of his office.
b. The salary of the chief mine inspector shall be eighteen hun- Salarles. dred dollars per annum and not more than five hundred dollars for expenses, and the other five mine inspectors shall have twelve hundred dollars salary each, per annum, and not more than five hundred dollars each for expenses. Such salary and expenses shall be paid monthly out of the State treasury upon the approval of the chief mine inspector: Prorided, That before payment of traveling expenses shall be made to the inspector, he shall file an account of such expenses verified by his affidavit showing that they accrued in the discharge of his official duties.
c. On the first Tuesday in April, one thousand nine hundred and Appointment. one, and every four years thereafter, the governor of the State shall, with the consent of the senate, appoint a chief mine inspector and one mine inspector for each of the five mining distriets of the State (reated by this act, whose term of office shall begin when he has taken the oath of office and has given the approved bond, as required by this act, and whose term of office shall be four years, or until his successor shall be duly appointed and qualified.
d. Inspectors of mines shall devote their whole time and attention to the duties of their office and shall make personal examination, as set forth in sections three and four of this act, of the interior of all coal or other mines and outside of the mine where any danger may exist to the workmen employed in their respective districts.
SEC. 3 (as amended by chapter 106, Acts of 1901) a. And it Quarterly inshall be the duty of each district mine inspector to visit each mine spections. in his district at least once every three months, and it shall be unlawful for any mine inspector to do any surveying for any mine owner or owners, during his term of office, and it shall be unlawful for any mine inspector to appoint any deputy or other person to do and perform any work required of such mine inspector, and it shall be his duty to personally perform the duties of his office hereunder. He shall also in each year, ending with the thirtieth Reports. day of June, make a written report to the chief mine inspector of his proceedings, stating therein the number of mines in his district, the improvements made in and at the mines, the extent to which this act is obeyed or violated, and such other information in relation to mines and mining as he may deem of public interest, or required of him by the chief mine inspector. He shall also suggest or recommend such legislation on the subject of mining as he may think necessary. Such report shall be filed with the chief mine inspector on or before the thirtieth day of September next succeeding the year for which it was made. The chief mine
inspector shall annually make a full and complete written report of his proceedings as such chief mine inspector to the governor of the State for the year ending the thirtieth of June. Such report shall include the reports from the district mine inspectors, the number of visits and inspections made in the State by the district inspectors, the quantity of coal and coke produced in the State, and the number of men employed, number of mines operated, ovens in and out of blast, improvements made, prosecutions, etc., and such other information in relation to the subject of mines, mining inspection and needed legislation, as he may deem of public interest and beneficial to the mining interests of the State. Such report shall be filed with the governor on or before the thirtieth day of December next succeeding the year for which it was made, and such report shall be printed upon the requisition of the governor, and in order that the report may be annually printed and distributed among the operators, miners and citizens of this State, the sum of fifteen hundred dollars shall annually be allowed
out of the State treasury for this special purpose. Penalty. (b) Any mine inspector failing to comply with the requirements
of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more
than five hundred dollars, and be dismissed from office. Districts. (c) The governor of the State of West Virginia, together with
the chief mine inspector created by this act, shall divide the State
of West Virginia into five mining districts. Semiannual
SEC. 4. Each inspector shall examine the mines of his district inspections.
at least twice every year, and oftener if called upon by twenty miners engaged in any one mine, and he shall see that all the provisions of this act are observed and strictly carried out. He shall particularly examine into the condition of the mines as to ventila
tion, drainage and general safety, and shall make a record of all Report. such examinations. He shall also for each year ending with the
thirtieth day of June, make a written report to the governor, of his proceedings as such inspector, stating therein the number of mines in his districts, the thickness of the seams mined, the number of miners employed in each mine, the condition in which the mines were found, the extent to which this act is obeyed or violated, the number of accidents and deaths resulting from injuries received in or about the mines, with the cause of each of such accidents and deaths, and such other information in relation to mines and mining, as he may deem of public interest. He shall also suggest or recommend such legislation on the subject of mining as he may think necessary. Such report shall be filed with the governor on or before the thirtieth day of December, next suc
ceeding the year for which it is made. Maps.
Sec. 5 (as amended by chapter 106, Acts of 1901). The operator or agent of every coal mine shall, within six months after the passage of this act, make, or cause to be made, unless already made and filed, an accurate map or plan of such mine, on a scale to be stated thereon, not exceeding one hundred feet to the inch. Such map or plan shall show the openings or excavations, the shafts, slopes, entries, air ways, headings, rooms, pillars, etc., and such portions of such mine or mines as may have been abandoned, the general inclination of the coal strata, and so much of the property lines and the outcrop of the coal seam of the tract of land on which said mine is located, as may be within one thousand feet of any part of the workings of such mine. A true copy of such map or plan shall, within the six months aforesaid, be delivered by such operator to the inspector of his district, to be preserved among the records of his office, and turned over to his successor in office; and the original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector: and such operator shall, twice within every twelve months, and not more than seven months apart, while the mine is in operation, cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property
lines and outcrop as above provided; and he shall immediately
it shall be unlawful for the operator, or Escape shafts. agent, of any coal mine, to employ any persons at work in said mine, or permit any persons to be in said mine for the purpose of working therein, unless they are in communication with at least two openings or outlets, separated by natural strata, of not less than one hundred feet in breadth, if the mine be worked by shaft, and of not less than fifty feet in breadth, if worked by slope or drift. To each of said outlets there shall be provided, from the interior of the mine, a safe and available roadway, which shall at all times while the mine is ini operation be kept free from all obstructions that might prevent travel thereon in case of an emergency, and if either of said outlets be by shaft, it shall be fitted with safe and available appliances, such as ladders, stairs, or hoisting machinery, which shall, at all times, when the mine is in operation, be kept in order and ready for immediate use, whereby persons employed in the mine may readily escape in case of an accident. This section shall not apply to any mine while work is being prosecuted with reasonable diligence in making communication between said outlets, so long as not more than twenty persons are employed at any one time in said mine; neither shall it apply to any nine, or part of a mine, in which the second outlet has been rendered unavailable by reason of the final robbing of pillars preparatory to abandonment, so long as not more than twenty persons are employed therein at any one time.
SEC. 8. The operator or agent of every coal mine worked by Speaking shaft shall forthwith provide, and hereafter maintain, a metal tubes. tube from the top to the bottom of such shaft, suitably adapted to the free passage of sound, through which conversation may be held between persons at the top and at the bottom of the shaft; also the ordinary means of signaling, and an approved safety catch Safety cages. and a sufficient cover overhead on every carriage used for lowering or hoisting persons, and at the top of the shaft an approved safety gate, and an adequate brake on the drum of every machine used to lower or hoist persons in such shaft; and the said operator or agent shall have the machinery used for lowering or hoisting persons into or out of the mine, kept in safe condition and inspected once in each twenty-four hours by some competent person.
SEC. 9. No operator or agent of any coal mine, worked by shaft Hoisting. or slope, shall place in charge of any engine, used for lowering into or hoisting out of said mine, persons employed therein, any but competent and sober engineers; and no engineer in charge of such machinery shall allow any person except such as may be deputed for that purpose, by the operator or agent, to interfere with any part of the machinery; and no person shall interfere with or intimidate the engineer in the discharge of his duties; and in no case shall more than ten persons ride on any cage or car at one time, and no person shall ride on a loaded cage or car in any shaft or slope. All slopes or engine planes, used as traveling ways by persons in any mine, shall be made of sufficient width to permit persons to pass moving cars with safety, or refuge holes Refuge holes. of ample dimensions, and not more than sixty feet apart, shall be made on one side of said slope or engine plane. Such refuge holes shall be kept free from obstructions, and the roof and sides thereof shall be made secure.
Sec. 10 (as amended by chapter 106, Acts of 1901). The operator Ventilation. or agent of every coal mine, whether worked by shaft, slope or drift, shall provide and hereafter maintain for every such mine ample means of ventilation, affording no less than one hundred cubic feet of air per minute for each and every person employed in such mine, and as much more as the circumstances may require, which shall be circulated around the main headings and cross headings and working places, to an extent that will dilute, render
harmless and carry off, the noxious and dangerous gases generated therein ; and as the working places shall advance; break throughs for air shall be made every one hundred feet in the pillars, or brattice shall be used, so as to properly ventilate the face, and all the break throughs, not required for the passage of air, shall be properly closed with brattice, or brattices shall be used, so as to keep the working places well and properly ventilated. In all mines generating fire damp and where there is every reason to believe that gas will be constantly encountered in the future workings and developments of the mine, all stoppings on the main entries shall be constructed in a substantial manner and as nearly as practicable air-tight, except for temporary purposes; doors on main haul ways shall be avoided in gaseous mines where practicable, and overcasts adopted when and where the same may expediently be built, and where doors are used they must be built
in a substantial manner and hung so as to close automatically I'nused work- when unobstructed. All old unused workings and abandoned parts ings.
of the mines must be protected by such safeguards as will prevent the dangerous overtiow of any standing gas therein, and all avenues leading thereto shall be so arranged and conducted as to give cautionary notice to all such workmen in such mines of the danger in entering therein. And in order to secure the safety of the workmen in general against danger in said abandoned or worked-out parts of the mines notices shall be put up and kept standing as far as practical, which shall afford warning to all such workmen not to enter in such parts of said mines; and in addition thereto, all persons, other than those specially charged with that duty, are hereby forbidden to enter such abandoned parts of such mines where gas may be found. And for violation of this provision of this act, such person or persons so offending shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than one hundred dollars
and be confined in the county jail not less than ten days nor more Powder. than one year. No miner or other employee shall take into the
mines in this State any larger quantity of powder or other explosive than he or they may reasonably expect to use during their term of employment of one day of twelve hours. In all mines where explosive gas, or other gas of a dangerous or poisonous 'nature, is known to generate in large and dangerous quantities, the workmen shall be immediately instructed to withdraw from the mine in case of stoppage of the fan, or heavy falls of the roof which may obstruct the main intake or return air way, until such obstruc
tion is removed. And it shall be unlawful in all mines where gas Ventilating is being generated in large and dangerous quantities, to use any fan.
other mechanical power for ventilation purpose except fan power. or the equal thereof; and the fan or other power, shall be kept in operation night and day unless written permission to do otherwise be granted by the chief inspector or the district inspector in whose district the mine is situated ; but no mine operator shall be required to keep such fan going where it is necessary to shut it
down for the purposes of repairing machinery or doing other work Blasting. in the mines which may make it necessary. It shall be unlawful
for any miner after having exploded in any working place sixty cubical inches or more of powder, in one or more blasts, in any mine known to generate gas in large and dangerous quantities, to enter such working place and attempt to resume work in any manner whatever with a naked light in less than twenty minutes
after the blast has been exploded. Fire boss.
It shall be the duty of every mine owner or operator in this State whose mine or mines are known to generate fire damp or other dangerous gas or gases, in dangerous quantities, to employ a “ fire boss” or “bosses where necessary, who shall be a citizen or citizens of this State, and have such knowledge of fire damp and other dangerous gases as to be able to detect the same with the use of safety lamps, and shall have a practical knowledge of the subject of ventilation of mines and the machinery and appliances used for that purpose, and be a person with at least three years'