CHAPTER 26.-MINES AND MINING.* Article 1. Acts of Miner Endangering Lives, etc. §§ 294-296. 2. Bath-houses at Coal Mines. §§ 297-301. 3. Black Powder, Use in Coal Mines. §§ 302-307. 4. Dynamite and Other Detonating Explosives. §§ 308-312. 5. Escape-shafts in Coal Mines. §§ 313-317. 6. Examining Board, Certification of Miners. §§ 318-328. 7. Fraudulent Use of Check Numbers. §§ 329-330. 8. General Act for Health and Safety of Miners. 9. General Act for Health and Safety of Miners. 10. Lead and Zinc Mines, Eight-hour Day. §§ 360-361. 12. Room-and-pillar Plan, Entries, etc. §§ 371-373. 13. Shot-firers, Firing of Shots, etc. §§ 374-381. 14. Sprinkling and Removal of Dust, etc. §§ 382-386. ARTICLE 1.-Acts of Miner Endangering Lives, etc.† $294. Unlawful for miner to have more than twenty-five pounds of pow- amount for purpose of distribution to miners. $295. Miner, workman, etc., doing acts which endanger lives or health of persons or security of mine or machinery, etc., guilty of misdemeanor; punishment. 296. Repeal of acts in conflict herewith. LAWS OF 1891, CH. 147, AS AMENDED BY LAWS OF 1913, CH. 228. AN ACT to amend an act entitled "An act to provide for the health and safety of persons employed in and about the coal mines of Kansas, and providing for the inspection of the same," and amendatory of section 3851 of the General Statutes of 1889. § 294. Unlawful for miner to have more than twenty-five pounds of powder or other explosive at one time; manner and place of keeping such amount; pit bosses, etc., to see that act is complied with; penalty for violation of act; owner, etc., may send in larger amount for purpose of distribution to miners. (Explosives.) It shall be unlawful for any miner to have in his possession, in any coal mines, shaft, slope or pit in this state, more than twenty-five pounds of powder or any other explosive substance at any one time; and all such powder or other explosive substance shall be kept in a tight box securely locked, and such boxes shall be kept at least twenty yards from the working face in all such coal mines, slopes, drifts, or pits; and it shall be the duty of all pit bosses or other persons who shall be in charge and control of any coal mine, slope drift or pit in this state to keep watch over and see that the provisions of this act are complied with; and any person violating or neglecting to comply with the provi * Concerning mining of coal at the penitentiary, see ch. 12, Convict Labor. For regulations concerning black powder see article 3 of this chapter. sions of this act shall be deemed guilty of a misdemeanor, and shall on conviction before any court having jurisdiction thereof be fined in any sum not less than ten dollars nor more than fifty dollars, or by imprisonment in the county jail not more than thirty days, for each and every such offense; but nothing contained in this act or any other law of the state of Kansas shall be construed to prohibit the owner, lessee or operator of any coal mine from taking or sending more than twenty-five pounds of powder at any one time into such mine for the purpose of making delivery of twenty-five-pound packages of such powder to the miners employed in such mine. [G. S. 1915, § 6309.] § 295. Miner, workman, etc., doing acts which endanger lives or health of persons or security of mine or machinery, etc., guilty of misdemeanor; punishment. Any miner, workman or other person who shall intentionally injure any safety-lamp, instrument, air-way, brattice, or obstruct or throw open air-ways, or carry lighted lamps, pipes or matches into places worked by the light of safety-lamps, or shall remove or disturb any part of the machinery, or who shall open a door and not close it again, or enter any place of the mine against caution, or disobey any order given in carrying out the provisions of this act, or who shall do any willful act whereby the lives or health of persons or the security of the mine or the machinery is endangered, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine or imprisonment, at the discretion of the court: [G. S. 1915, § 6310.] § 296. Repeal of acts in conflict herewith. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. [G. S. 1915, § 6311.] ARTICLE 2.-Bath-houses at Coal Mines. $297. Owner, lessee, etc., to provide bath- on $298. Owner, lessee, etc., not liable for loss or destruction of property left by employees in such bath-house. 299. Penalty for failure of owner, lessee, etc., to comply with provisions of act; each day of such failure to constitute a separate offense; state inspector of mines to have general supervision of this law, etc.; provisions concerning bath-houses already in existence; authority of state inspector. 300. Persons using such bath-house to remove cast-off wearing apparel therefrom; unlawful to commit any nuisance, etc., in such bathhouse. 301. Penalty for violation of preceding section. LAWS OF 1911, CH. 222, AS AMENDED BY LAWS OF 1913, CH. 226, Laws OF 1915, CH. 245, AND LAWS OF 1917, CH. 241. AN ACT to promote the health of employees in coal mines by providing bath-houses at coal mines and prescribing penalties for the violation thereof. § 297. Owner, lessee, etc., to provide bath-house convenient to entrance of mine; equipment of such bath-house; floor space required; flooring in wash-room or bathroom to be concrete; specifications for lockers or hangers; number of lockers or hangers required; number of shower baths; employees to furnish towels, soap, and lock for locker or hanger and be responsible for property left therein; owner, etc., to keep such bath-house clean and sanitary; act not to apply to mines operated on long-wall system or over 600 feet in depth or to any strip mine; specifications for walls, floors and lockers. It shall be duty of every owner, or lessee, its officers or agents, or other person or persons having jurisdiction or direction of any coal mines within the state of Kansas, to provide on and after the passage and publication of this act, a suitable building, which shall be convenient to the principal entrance of such mine or mines, and equipped with individual lockers or hangers, benches or seats, proper light, heat, hot and cold water, and shower baths, and maintain same in good order, for the use of persons employed therein, for the purpose of washing and bathing of employees and changing of clothing. Said building or bath-house to have sufficient floor space for the accommodation of miners or others using the same. The flooring in said wash-room or bathroom to be of concrete or cement and the flooring in the changing room to be optional with the owner as to the material used. All lockers in new bath-houses when made of steel, shall not be less than 12 inches by 12 inches by 48 inches in height; when made of lumber shall not be less than 12 inches by 22 inches by 48 inches in height; with partitions in centers of wood lockers. Individual hangers shall consist of not less than three hooks upon which to hang clothing and a receptacle of suitable size for use in connection therewith, attached to a proper chain or wire rope, and so suspended as to admit of hanger being raised such height that the wearing apparel, when hung thereon, will not be less than seven feet above the floor of said building, and of being locked in that position. The lockers or hangers in each bath-house shall be sufficient in number to accommodate the employees using the same, and there shall be one shower bath for every 15 employees using the same. Said employees shall furnish their own towels and soap, and lock for their lockers or hanger, exercise control over, and be responsible for the property by them left therein. The individual owner, operator, lessee, agent or company or corporation shall keep said bath-houses in a clean and sanitary condition: Provided, All bath-houses built at underground mines sunk after the passage of this act, shall be constructed as follows: The walls shall be built of concrete blocks, cement, brick, stone or other noncombustible material. The floors shall be of concrete or cement. The lockers shall be made of steel, not less than 12 inches by 12 inches, by 48 inches in height: And provided further, That this section shall not apply to any mine operated on the long-wall system, any mine in excess of 600 feet in depth, or any strip mine or coal stripping. [G. S. 1915, § 6342, as amended by Laws 1917, ch. 241, § 1; May 26.] Act of 1911, providing for bath-houses, held valid. The State v. Reaser, 93 K. 628. § 298. Owner, lessee, etc., not liable for loss or destruction of property left by employees in such bath-house. No owner or lessee, its officers or agents, or other person installing such bath-house at its or their mine, or mines, shall be legally liable for the loss or destruction of any property left by its or their employees at or in said bath-house. [G. S. 1915, § 6343.] § 299. Penalty for failure of owner, lessee, etc., to comply with provisions of act; each day of such failure to constitute a separate offense; state inspector of mines to have general supervision of this law, etc.; provisions concerning bath-houses already in existence; authority of state inspector. Any owner or lessee, its officers or agents, or other person or persons failing or refusing to comply with the provisions of this act shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined the sum of not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each violation of the provisions of this act. And each day there is a failure to comply with the provisions of this act shall be a separate offense, and punished as such. The state inspector of mines shall have general supervision of this law and the enforcement of the same, and it shall be optional with said inspector of mines to waive the provision of this act as to all bath-houses that have been constructed prior to the taking effect of this act, but said state inspector of mines is hereby given authority to require such bath-houses already in existence to be changed or improved as in his judgment may be necessary. [G. S. 1915, § 6344.] § 300. Persons using such bath-house to remove cast-off wearing apparel therefrom; unlawful to commit any nuisance, etc., in such bathhouse. It shall be the duty of all persons using said bath-house to remove therefrom all cast-off wearing apparel. It shall be unlawful for any person to in anywise break, injure, or destroy any bath-house or any part or appurtenance thereto, or commit any nuisance therein. [G. S. 1915, § 6345.] § 301. Penalty for violation of preceding section. Any person found guilty of any violation of section 6345 of the General Statutes of 1915 (being section 4 of chapter 226 of the Laws of 1913) shall, upon conviction, be fined not less than $5 nor more than $10, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment in the discretion of the court. [G. S. 1915, § 6346, as amended by Laws 1917, ch. 241, § 2; May 26.] supra. "Section 6345 of the General Statutes of 1915," mentioned herein, is § 300, Laws 1913, ch. 226, § 6 (G. S. 1915, § 6347) repealed "all acts and parts of acts in conflict with the provisions of this act." ARTICLE 3.-Black Powder, Use in Coal Mines.* LAWS OF 1907, CH. 250, AS AMENDED BY LAWS OF 1913, CH. 227. AN ACT to protect mines, miners and mine laborers, and defining the manner of sale and delivery of black powder for use in coal mines in the state of Kansas, and repealing sections 5045, 5046, 5047, 5048, 5049, 5050 of the General Statutes of 1909, and all laws and parts of laws in conflict with the provisions of this act. § 302. Unlawful to sell, offer for sale or deliver for use at any coal mine any black powder except in original twenty-five pound packages; delivery of powder to miner. It shall be unlawful for any individual, firm or corporation to sell, offer for sale or deliver for use at any coal mine or coal mines in the state of Kansas black powder in any manner except in original packages containing twenty-five pounds of powder, said packages to be securely sealed: Said powder to be delivered by the company to the miner at his switch. [G. S. 1915, § 6320.] Case construing act of 1907: This act not invalid as a regulation of interstate commerce. In re Williams, 79 K. 212. (Affirmed on appeal to supreme court of United States. Williams v. Walsh, 222 U. S. 415.) *See, also, article 1 of this chapter. § 303. Unlawful to open original package in any manner other than unsealing the seal. It shall be unlawful for any miner, or mine laborer or other persons, in any coal mine or coal mines, to open an original package of powder in any manner other than unsealing the seal thereof. [G. S. 1915, § 6321.] § 304. Unlawful to take, convey, cause to be conveyed, etc., into coal mine any black powder except as provided in § 302, supra; unlawful to use pick or other metal substance in opening can containing powder. It shall be unlawful for any miner, mine laborer, or other person or persons, to take, convey, or cause to be conveyed into any coal mine or coal mines in the state of Kansas, black powder in any other manner except as provided in section 1 of this act. It shall be unlawful for any miner, laborer or other persons to use any pick or other metal substance or instrument in opening any can containing powder in the mine. [G. S. 1915, § 6322.] "Section 1 of this act," mentioned herein, is § 302, supra. § 305. Powder not to be delivered in car hauled by electric motor unless car thoroughly insulated. No powder shall be delivered by hauling same in any car hauled by an electric motor, unless the car in which the powder is hauled is thoroughly insulated. [G. S. 1915, § 6323.] § 306. Penalty for violation of §§ 302, 305, supra. Any person, or corporation, or officers or employees of any corporation, violating any of the provisions of section one (1) and four (4) of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined not exceeding $50 for each offense. [G. S. 1915, § 6324.] "Section (1) and four (4) of this act," mentioned herein, are §§ 302, 305, supra. § 307. Penalty for violation of §§ 303, 304, supra. Any miner, mine laborer or other person who shall violate the provision of section 2 or 3 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined not exceeding $10 for each offense. [G. S. 1915, § 6325.] "Section 2 or 3 of this act," mentioned herein, are §§ 303, 304, supra. $308. Dynamite or other detonating ex- $309. Unlawful to direct employees to go LAWS OF 1909, CH. 175. AN ACT providing for the protection of life, limb and health of employees in coal mines, and. conservation of coal, by prohibiting the use of dynamite or other detonating explosives, and providing penalties for the violation thereof. § 308. Dynamite or other detonating explosives not to be used in any coal mine; use of such explosives under rules and regulations agreed upon, and approved by inspector; rules, etc., to be in writing. 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 *Concerning the storage, handling, etc., of explosives, see ch. 17. |