Failure to

report.

Exemptions.

Sprinkling required.

SEC. 3. Any owner, agent, manager, superintendent or foreman in charge of properties as described in section 1 of this act, where accidents shall have occurred, who shall fail or refuse to send such notices and statements and otherwise comply with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment in jail not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

SEC. 4. Provided, That this act shall not apply to the coal or salt mines of this State.

Approved March 12, 1909.

CHAPTER 174.—Mine regulations-Sprinkling, etc., in dusty mines. SECTION 1. It shall be the duty of the mine boss or agent in charge of any mine where coal dust or any other inflammable ingredients accumulate to cause the same to be properly sprinkled or saturated in either air courses. entries, rooms or crosscuts, or if impracticable to overcome such coal dust or other inflammable ingredients by sprinkling, then the same shall be removed and shall not be deposited where it will again be distributed in the atmosphere by the ventilating currents, or removed from the mine, when in the judgment of the mine inspector it becomes Enforcement. necessary to do so. It shall be the duty of the mine inspector or deputy inspectors to enforce all possible preventive measures necessary to maintain the safety of all persons employed in any mine against the gathering or accumulation of any combustible matter that is explosive in its nature, and shall cause the operator, or whosoever is operating such mine as owners, lessee, agent, or in any capacity, to immediately remove any such accumulated matter.

Violations.

Blasting.

Violations.

T'se of dynamite.

mines shots.

SEC. 2. Any owner or lessee who shall neglect or refuse to comply with the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and shall be fined in a sum of not less than ten dollars nor more than one hundred dollars for each violation of the provisions of said section 1 of this act.

SEC. 3. It shall be the duty of the miner to remove the drillings from the mouth of the drill hole to a distance of not less than fifteen feet before the shots are fired, and no miner shall use coal drillings for tamping shots.

SEC. 4. Any miner who shall neglect or refuse to comply with the provisions of section 3 of this act shall be deemed guilty of a misdemeanor, and shall be fined in a sum of not less than one dollar nor more than ten dollars for each violation of said section 3.

Approved February 26, 1909.

CHAPTER 175.-Mine regulations-Blasting.

SECTION 1. It shall be unlawful for any person or persons engaged in coal mining to use or cause to be used dynamite or other detonating explosives in the preparation of any blast or shot in any coal mine within the State of Kansas: Provided, however, That dynamite or other detonating explosives may be used under such rules and regulations as may be agreed upon between the employer and the employees, same to be approved by the state mine inspector. All rules, regulations and permits to use dynamite or other detonating explosives, as herein provided, shall be in writing.

Entering SEC. 2. It shall be unlawful for any person or persons, firm, after corporation or company to direct any of its or their employees to go into any sinking shaft or development work in a coal mine, after shots have been discharged in which dynamite or other detonating explosives have been used, before having removed all

smoke, gases or other unsanitary conditions that may have been so created by the use of dynamite or other detonating explosives. SEC. 3. Any person or persons violating the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five dollars.

SEC. 4. Any person, persons, firm, company or corporation violating the provisions of section 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars.

Approved February 26, 1909.

CHAPTER 176.-Mine regulations-Escape shafts.

Violations.

Same.

Time for com

SECTION 1. In all cases where any coal mine heretofore in operation in this State, with its principal or main shaft of a depth of pleting shaft. 1,000 feet or more, and having no air or escapement shaft other than its main or principal shaft, the time in which to complete such air or escapement shaft as required by chapter 304, Laws of Kansas, 1905, page 473, [section 4172, Gen. Stat. 1901] is hereby extended two years from the date of passage of this act. Approved February 26, 1909

CHAPTER 188.-Safety appliances on railroads-Blocking frogs, etc.

Frogs, etc., to

SECTION 1. In order to guard against accidental injury to the employees and others, every railroad company operating a railroad be blocked. in the State of Kansas shall cause all its frogs, switches and guard rails on its track or tracks in this State to be filled, blocked and guarded in a practical manner.

SEC. 2. Any such company violating section 1, in addition to its Violations. liability to any person injured or to his legal representative, shall ⚫ be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars nor more than two hundred dollars, and any neglect or failure to comply with the provisions of this act to fill, block or guard any frog, switch or guard rails, as required in section 1 of this act, for a period of thirty days, shall constitute a separate offense.

Approved March 12, 1909.

CHAPTER 195.-Protection of employees on street railways-Inclosed platforms, etc.

SECTION 1. It shall be unlawful for any street or interurban car company, or other person, association or corporation, who own, control or operate any street or interurban car system in whole or in part within the State of Kansas, to run or operate its cars in the regular service of carrying passengers during the months of November, December, January, February and March, without first providing an enclosed vestibule, which shail provide a sufhelent shelter for the motorman or other employee used to operate the propelling power on said car. Said vestibule shall be heated in the same manner as the interior of said car at all times. And it is further provided that a seat shail be fornished for the use of the motorman on said car or cars, and said metorman shall be permitted to use the same, under reasonable restrictions by sald_company, when the use of the same will not interfere with the proper performance of his duty.

When vesti bules must be inclosed.

SEC. 2. Every such street or interurban car company, or other Toilet fax1}} person, association or corporation, who own, control or operate any street or interirben car system in whole or in part within tha State of Koth, bu -rovide and maintain proper tobel facities on said internal cars or at convenient places along its right of way, for the the of its entothe and passengers and to which mura employees and passengers shall have a A.

2002-No. 3 10 9

Violations.

Repeal.

Inspection required.

Board

to

SEC. 3. Every corporation, officer, owner or manager of any such street or interurban tar company who shall fail or refuse to comply with the provisions of this act shall be deemed guilty.of a misdemeanor, and upon conviction shall be punished by a fine of not less than five dollars nor more than twenty-five dollars for each offense, and the operation of a car at any one time during any one day in violation of sections 1 or 2 shall be deemed a violation of this act.

SEC. 4. Chapter 172, Laws of 1897, the same being sections 5959 and 5960 of the General Statutes of 1901, are hereby repealed. Approved February 9, 1909.

CHAPTER 224.-Inspection of barber shops and public bathrooms.

SECTION 1. In the interest of the public health, and to prevent the spread of contagious and infectious diseases, the state board of health is charged with the sanitary supervision of all barber shops, barber schools, public bath houses and public bathrooms in the State.

SEC. 2. The state board of health is hereby directed and emmake rules, etc. powered to inspect or cause to be inspected the places mentioned in section 1 of this act, and to make such rules and regulations as are necessary to safeguard the public health and to prevent the spread of contagious or infectious diseases, which rules and regulations shall be published in the official state paper, and any person violating any such rules or regulations, when made and published in the official state paper, shall be guilty of a misdemeanor, and upon conviction shall be fined a sum not to exceed fifty dollars or less than five dollars.

Violations.

tions.

Approved March 5, 1909.

KENTUCKY.

ACTS OF 1908.

CHAPTER 59.-Mine regulations-Inspectors-Examination, etc., of

foremen.

Appointment. SECTION 1. The governor of this Commonwealth is hereby authorized and directed to appoint two additional assistant inspectors of mines, who shall hold the office for four years and until Qualifica-their successors are appointed and qualified. Said assistants shall have a thorough knowledge of the different systems of working and ventilating coal mines and of the nature and properties of mine gases, especially explosive gases and dust, and shall have a thorough and practical knowledge of mining gained by at least five years experience at and in coal mines. Said assistant inspectors, before entering upon the discharge of their official duties, shall be sworn to discharge those duties faithfully and impartially and to the best of their skill and ability, which oath shall be certified by the officer administering it, and said certificate shall be filed with the secretary of state in his office, and each of said assistants shall give bond in the sum of two thousand dollars, with surety to be approved by the governor, for the faithful discharge of his official duties. Each of said assistants shall give his entire time and attention to the duties of his office, which shall consist of aiding, under the direction of the chief inspector of mines, in carrying out and enforcing the provisions of the laws relating to the inspection of mines. He shall keep a record of all inspections made by him and shall make monthly reports of the same to the chief inspector and he shall at all times in all things pertaining to the duties of his office be subject to the orders of the chief inspector. No assistant inspector shall be interested in operating any mine in this State and each shall be liable to dismissal for willful neglect of duty, for misconduct, or malfeasance in office. Each assistant inspector shall receive an an

nual salary of twelve hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling and other expenses incurred on account of and when engaged in the discharge of his official duties.

Examination

But before any person or persons shall be appointed as such assistant mine inspector he shall be required to pass a satisfactory required. examination before the board of examiners hereinafter named and shall be required to obtain from such board of examiners a certificate duly signed by the members thereof certifying to the governor that said applicant possesses all of the qualifications hereinbefore mentioned.

SEC. 2. The chief inspector of mines and any two of his assist- Board. ants shall constitute a board of examiners for the examination of applicants for certificates of qualification to serve as foreman in coal mines, said two assistants to be designated and called into service at any time by the said chief inspector; and said chief inspector may on any occasion call any two assistant inspectors he may choose to act upon said board for such purpose, and at any time when his duty as chief inspector of mines necessitates his absence from the examination of applicants, such applicants may be examined by any two assistant inspectors which the chief inspector may designate: Provided, He shall be careful to designate only such assistants as examiners in his absence as he shall know to be thoroughly equipped and qualified to act as such examiners. Said board shall meet at such times and places as the chief inspector of mines shall from time to time order, and for their services as examiners they shall receive no extra compensation, but only the salary and traveling expenses as now provided by law, that is, their services as examiners shall be reckoned and in fact shall be considered and treated as part of the duties of their office.

cates.

SEC. 3. Six months after this act goes into effect, no owner, Mine foremen lessee, or operator of a coal mine in which as many as ten per- to have certifisons are employed at one time shall employ as mine foreman any person who has not been granted a certificate of qualification to the effect that he has been examined by the board of examiners provided for in the preceding section of this act and has been found fit and competent as herein required; and said board of examiners shall in no event grant any certificate to any person who does not satisfy said board that he is a person of good moral character and of his sobriety, and that he possesses a thorough knowledge of the different systems of working and ventilating coal mines and of the nature and properties of mine gases, dust and fire damp, and shall have a thorough and practical knowledge of mining gained by at least five years' experience in and at mines: Except and provided, That any person who for four years prior to the passage of this act has served as mine foreman or assistant mine foreman in coal mines may upon application therefor and upon satisfactory evidence presented to said board of examiners as to his term of service and as to his character for morality and sobriety, be granted a certificate of qualification without such examination, which certificate shall be known as a service certificate" and shall be so designated on its face. Each applicant for examination shall, before he is examined, pay a fee of two dollars and fifty cents to the auditor of public accounts, who shall issue his receipt therefor, which receipt the applicant shall present to the chief inspector of mines or to such member of the board as may at any time be designated to receive the same, and each applicant for a "service certificate" shall likewise pay a fee of two dollars and fifty cents to the auditor of public accounts and shall likewise present the auditor's receipt before such certificate may be issued to him; and all fees so paid shall be turned into the treasury to the credit of the general-expenditure fund. The chief inspector shall keep a record of all proceedings of the board, including the names and addresses of persons who apply for examination or for "service certificates," and of the certificates that have been granted; and the board is

Shot firers.

Notice of

shots.

Firing shots.

Timbers.

Violations.

hereby authorized to cancel any certificate upon satisfactory evidence that the person to whom it has been issued has been guilty of violating instructions to comply with the requirements of the mining laws, or who has proven inefficient. The certificate to be granted to applicants who pass the examination herein provided for, shall in substance state that the applicant has been examined under the provisions of this act and has been found to possess the qualifications required by law. The chief inspector shall formulate the necessary blank certificates and cause same to be printed by the public printer in such quantities as may be needed from time to time.

SEC. 4. In all coal mines in this State in which as many as ten persons are usually employed at one time, wherein explosive gases are known to generate or exist in dangerous quantities, or coal dust is known to accumulate or exist in dangerous quantities, the owner, lessee or operator shall, when so ordered by the chief inspector of mines, or by an assistant inspector of mines, when approved by the chief inspector, employ and keep a sufficient number of practical and experienced men, to be known and designated as shot firers" whose exclusive duty it shall be to set off and discharge the shots in all blasting in the workings of the said mines, but no "shot firer" shall fire any shot which in his judgment, after due inspection, shall not be a workmanlike and practical shot.

SEC. 5. Said shot firers shall immediately after the completion of their work post a notice in a conspicuous place at the mines in which shall be indicated the number of shots fired also the number of shots they did not fire, if any, specifying the number of the room and the designation of the entry, and give their reasons for not firing the same. The owner or operator of said mines shall provide reasonable and proper means for posting said notice. Said "shot firers" shall also keep a daily permanent record in a book, to be furnished them by said owner or operator, in which they shall enter the number of shots or blasts fired, the number of shots or blasts failing to explode, the number of "blown-out" shots, and the number of shots or blasts that in their judgment were not properly prepared and which they refused to fire, giving their reasons for the same. Said records shall be in the custody of the mine manager or superintendent and shall be available to inspection at all reasonable times by parties interested, and shall be open for inspection by the chief inspector of mines and the assistant inspectors. Said "shot firers" shall be treated and considered as employees and agents of said owner or operator.

SEC. 6. Said "shot firers" shall not do any blasting or exploding of shots or firing whatever until each and every miner and employee is out of the mine, except said "shot firers," mine superintendent, mine manager, mine foreman, and the person or persons necessarily employed in charge of pumps and stables in said mines, and any person in said mine, whose duty it is to go out of said mine before said firing, blasting and exploding takes place under the provisions of this act who willfully fails or refuses to go out of said mine as herein provided shall be fined in any sum not exceeding fifty dollars in the discretion of the court or jury.

SEC. 7. Each owner, lessee or operator of every mine to which the mining laws of the State apply, shall provide and furnish to the miners employed in said mine a sufficient number of caps and props, said props to be sawed square at each end, to be used by said miners in securing the roof in their rooms, and at such other working places where by law or custom of those usually engaged in such employment it is the duty of said miners to keep the roof propped, after the miner has selected and worked the same.

SEC. 8. Except as herein otherwise provided, any willful neglect or failure or refusal of any owner, lessee, or operator of a coal mine, or of any person employed in such mine, to comply with the provisions of this act affecting such owner, lessee, operator, or person, or any attempt to obstruct or interfere with any person in the discharge of the duties imposed upon such person, shall be