Марв.

Same subject.

may change mines from one class to another by proper notice to all parties interested.

Class D shall include all coal or other mines working less than twenty (20) persons in which fire damp has not been discovered at any time and which are not considered to be dry and dusty mines. This class of mines shall supply the same amount of fresh air by ventilating currents to persons working in same as required for "Class C" mines. Mines of this class shall be inspected every ninety (90) days by the chief inspector or a district inspector. The chief inspector shall have the authority to change the classification of mines of this class as the conditions may require to maintain them in proper classes.

Class E shall include all copper, iron ore, phosphate, lead or other materials being mined by shaft, slope, drift or otherwise: and mines of this class shall be examined once every three (3) months by the chief mine inspector or a district inspector, and the amount of fresh air supplied by the ventilating currents for each person and animal employed shall be governed by the conditions therein, and in no case shall the quantity of the ventilating currents be increased over that of "Class A" mines: Provided, however, That whenever any explosive gases are met with, the chief inspector shall fix the required amount of the ventilating current per person.

SEC. 10. The owner, operator or superintendent shall make or cause to be made by a competent mining engineer or surveyor, an accurate map or plan of such mine, not less than a scale of one hundred (100) feet per inch-where this scale is impracticable. the chief mine inspector may allow such map to be made on a scale of two hundred (200) feet per inch-which map shall be as follows: First, all measurements shall be in feet and decimal parts thereof. Second, all of the openings, excavations, shafts, tunnels, slopes, planes, stopes, stumps, pillars, main entries, cross entries, air ways, rooms, pumps, sumps, etc., in each opening, stratum, seam or bed of coal or other material, mineral, etc., in such mine. Third, by darts or arrows made thereon by pencil or pen, showing the direction of ventilating currents of such mine. Fourth, all doors, brattices, overcasts, undercasts, regulators, ventilating apparatus, buildings on outside, within two hundred (200) feet of intake air way. Fifth, an accurate delineation of the boundary lines between said mine and all adjoining mines, whether owned by same operator, and the relation and proximity of said mine to every other adjoining mine. Sixth, the elevation above some well-established datum point (sea levels derived from adjacent railroad surveys to have the preference) of all tunnels, sumps, entries, headings and working places adjacent to boundary lines at points not to exceed three hundred (300) feet apart in each direction.

SEC. 11. A true copy of said map or plan shall be kept at the mine, in the office of the superintendent, for the use of the inspectors at least once every six (6) months, or oftener if deemed necessary by the chief mine inspector or the district mine inspectors. The owner, operator or superintendent of each mine shall cause to be shown accurately on the map or plan of the mine all the changes of every character, all the advancements and excavations made therein during the time elapsing since work was last shown on such map or plan; and all parts of such mine that were worked out or abandoned during said time shall be clearly indicated by colorings on said map or plan; and whenever any of the workings or excavations of said mine have been driven to their destination, a correct measurement and surveys of all such workings and excavations shall be made and recorded in a survey book and placed on the map or plan prior to the removal of the pillars or any supporting material from such parts of the mine. The operator or superintendent of every mine in this State shall within four (4) months after the passage of this act furnish the chief mine inspector of this State (a tracing on muslin, or a sun print) a correct copy of said map or plan, as hereinbefore provided for; and the chief inspector of mines shall, at the end of each year, or

twice a year if required, forward said map or plan to the owner, operator, or superintendent, whose duty it shall be to place, or cause to be placed on said map or plan, all the extensions, workedout and abandoned parts of the mine that have been completed during the time since the map was last brought to date, and return the same to the mine inspector's office within sixty (60) days from the time of receiving said map or plan. The copies of the maps or plans of the mines filed with the chief inspector of the State shall remain in that office as the official records of the office, and shall be transferred by him to his successor in office; but in no case shall a copy of said map or plan be made without the written consent of the owner, operator or agent. If any operator, owner or agent of a mine fail or neglect to furnish the chief mine inspector with a map or plan of such mine as provided herein, or should the chief mine inspector believe that any map or plan so filed is inaccurate or materially imperfect, then, in either case, the chief mine inspector is duly authorized to cause a correct survey and map or plan to be made at the expense of the operator thereof, and the expense shall be recoverable from said operator as other debts are recoverable by law: Provided, however, That if the map or plan which may be claimed by the chief inspector to be inaccurate shall prove to be correct, then the chief mine inspector shall be liable for the expense incurred in making said test survey and map or plan.

SEC. 12. It shall be unlawful for any person or persons to act Foremen, etc., as mine foremen, assistant mine foremen, or fire bosses of any to be licensed. mine in this State, unless they are registered as holders of certifi

cates of competency or qualification under this act.

SEC. 13. A certificate of competency or qualification to mine fore- Examination. men, assistant mine foremen, and gas boss shall be granted by the secretary of state to every applicant who may be reported by the examiners, as hereinafter provided, as having passed a satisfactory examination and given satisfactory evidence of at least five (5) years' practical experience in mining, and of good conduct, capability and sobriety, and shall be sufficient evidence of his competency. The certificate shall be in manner and form as shall be prescribed by the secretary of state, and a record of all certificates issued shall be kept in his department.

SEC. 14. For the purpose of the examination of applicants for Board of excertificates of qualification, a board of examiners shall be ap- aminers. pointed, to consist of one (1) experienced miner, one (1) operator or manager of mines and one (1) expert mining engineer. This board shall be appointed by the governor, and their term of office shall be two (2) years, or until their successors are elected and qualified. The meetings of said board may be held at such times and places as convenient to themselves and the applicants to be examined. The board shall take an oath to support the constitution of the State of Tennessee and to discharge the duties of their office in a fair and impartial manner, and at the first meeting of the board they shall organize by electing one (1) of their members as chairman and one (1) as secretary to the board. In no case shall an examination be conducted except in the presence of a majority of the board, and they may make such rules and conduct such an examination as in their judgment may seem proper for ascertaining the qualifications of the applicants. The said board shall report their action to the secretary of state and to the chief mine inspector, and at least two (2) of the board shall certify to the qualifications of each applicant who passes the examination in a satisfactory manner. The traveling expenses of said board, together with five dollars ($5) per day, while they are actually engaged at their duties, not to exceed forty (40) days during one term, shall be paid by the State upon the certificate of the chairman of said board.

SEC. 15. Said certificate shall contain the full name, the age and the place of birth of the applicant, also the length and nature of his previous experience in and about coal and other mines; and the secretary of state shall keep a record in his department of all

Certificate.

Foremen be employed.

to

Duplicate certificate.

Counterfeit

ing.

Acting without license.

Proviso.

Care of ventilation.

mine foreman.

certificates issued. Before certificates shall be issued, the applicant must give satisfactory evidence to the board of examiners of his good conduct, capability and sobriety and shall pay to said board of examiners the following fees: Three dollars ($3) for the examination, to be paid for examination; one dollar ($1) for registering certificate; and one dollar ($1) for certificate. All fees so collected shall be paid to the treasurer of the State.

SEC. 16. No coal mine shall be operated for a period longer than thirty (30) days without such certificated mine foremen. For all Class "A" and Class "B" mines the foremen shall hold Class "A" certificates; the assistant foremen may be holders of Class "B" certificates. In all mines of Class "C" and Class "D" the foremen may be holders of Class "B" certificates, and all gas bosses shall be holders of Class "A" or Class "B" certificates, which certificates shall state on the face of same that they are qualified to act as gas bosses. Any owner, operator or superintendent operating a coal mine in this State for thirty days without such certificated foreman shall, upon conviction of same, be subject to a fine of twenty-five dollars ($25) per day for each and every day operated without such foremen or foreman.

SEC. 17. In case of the loss and destruction of a certificate the secretary of state may supply a copy thereof to the person losing same upon the payment of fifty (50) cents: Provided, It shall be shown to the satisfaction of the secretary of state that the loss has actually occurred and the loser was a holder of such certificate.

SEC. 18. If any person or persons shall forge or counterfeit a certificate, or knowingly make or cause to be made any false statement in any certificate under this act or in any official copy of the same, or shall urge and influence others to do so, or shall utter or use any such false certificate 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, he or they shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred dollars ($200) or imprisoned for a term not exceeding six (6) months nor less than three (3) months, or both at the discretion of the court.

SEC. 19. Any person who shall act as mine foreman, assistant mine foreman or gas boss for a period of more than thirty (30) days after the passage of this act without being a holder of a certificate under this act and in accordance with this act shall be guilty of a misdemeanor, and upon conviction shall be fined one hundred dollars ($100) and costs and imprisoned not less than. sixty (60) days at the discretion of the court: Provided, however, That certificates granted under the laws of this State prior to the passage of this act shall be considered good and in full force as if issued under this act.

SEC. 20. In order to better secure the proper ventilation of mines and promote the health and safety of the persons employed therein the operator or superintendent shall employ a competent and practical inside overseer of each and every mine, to be called "mine foreman." Said mine foreman shall be licensed as hereinbefore required by this act, and his license as such shall be suffi cient evidence of his competency. He shall be a citizen of the United States and he shall devote the whole of his time to the du ties at the mine when in operation (or in case of his absence, an Duties of assistant chosen by him), and shall keep a careful watch over the ventilating apparatus, air ways, entries, traveling ways, timbers pumps and drainage that as the miners advance their excavations all dangerous coal, slate or rock overhead is taken down or se cured against falling, and that sufficient props, caps and timbers are kept at some convenient point near the mine entrance, which shall be selected and loaded on the cars by the miners, and shall then be hauled to the mouth of the room or face of the entry where he is working; and he shall see that all break throughs are made in accordance with this act, as follows: In all Class "A" mines no entry or air way shall advance over sixty (60) feet

Air ways, etc.

from the last completed break through and air current without written special permission of the chief mine inspector, who shall designate the distance and manner such entry or air way shall be advanced, and such permission shall be given only in cases where necessary to make some connection with other parts of the works or surface for improvement in ventilation or drainage; and break throughs between rooms, or "pillars" break throughs shall not be over seventy-five (75) feet apart, measuring the first room from entry or air way. In all Class "B" mines the entries or air ways shall not be advanced over sixty-seven and one-half (67) feet from last completed break through and air current; and all break throughs between rooms or "pillars" break throughs shall not exceed eighty-two and one-half (821) feet apart, measuring from the nearest entry or air way for the first break through. In all Class "C" and Class "D" mines the entries and air ways shall not be driven over seventy-five (75) feet in advance of the last completed break through or air current; and break throughs • between rooms or "pillars break throughs shall not exceed ninety (90) feet apart, measuring from the nearest air way or entry. In all Class "E" mines the method of ventilating and directing the ventilating current shall be determined by the chief mine inspector, as the case may require and the health and safety of the persons therein employed demand: Provided, That in all classes of mines the chief inspector, in conjunction with the mine foreman, may increase or decrease all the distances above provided for when by them deemed expedient: Provided, further, That said mine foreman shall not be subject to the control of the operator or owner in the discharge of the duties required of said mine foreman by this act. It shall be the duty of the mine foreman or foremen to see that the provisions of this section and the other duties herein defined are faithfully discharged and carried out; and in case of his or their failure to comply with such provisions, and upon conviction, he or they shall be subject to a fine of one hundred (100) dollars each and imprisonment for a period of not less than ninety (90) days at the discretion of the court.

SEC. 21. In all mines termed and designated as Class "A" by Gas boss. the chief mine inspector, there shall be employed one (1) or more gas bosses, as conditions, extent of workings, and other circumstances may require, who shall examine every place before each shift of workmen enter the mine, for the presence of fire damp and other dangers to persons employed therein. Such gas bosses shall Duties. make all examinations with an improved test lamp that is satisfactory to the chief mine inspector; and when fire damp or other dangers are found to exist in a person's working place or any part of the mine, the fire boss shall place some obstruction at a safe distance from the dangers found to exist in a working place or other part of the mine, and place a board at such point, on which he shall designate the character of the danger found to exist, together with the date and time of examination. Such obstruction shall be sufficient notice to all persons not to pass, except it be in the presence of the mine boss or gas boss, and then only for the purpose of removing the dangers found to exist there. The person or persons acting as gas boss or gas bosses shall have received a certificate of competency, as required by this act, which shall be sufficient evidence of his competency; and in no case while making examinations shall he use any other light than that inclosed as a safety lamp, and in all cases such examinations shall be begun within three (3) hours of the time that each shift commences work; and it shall be the duty of the gas boss to leave some evidence of having examined each and every working place throughout the mine at the working place as may be agreed upon between the chief mine inspector and the gas boss. He shall also examine the entrances to worked out or abandoned parts of the mine that are adjacent to working places and roadways, where fire damp is likely to accumulate; and where danger is found to exist he shall place danger signals at such places which shall be sufficient warning for all persons not to pass such signals. At each and every entrance

Safety lamps.

Number of lamps.

of a Class “A” mine, allowed to be used as a traveling way, there shall be placed a blackboard, not less than twenty (20) by thirty (30) inches; and it shall be the duty of the superintendent, mine foreman or gas boss to display a danger signal at the end of each shift; and no person shall pass such board when such signal is displayed, except the superintendent, mine foreman or gas boss while in the discharge of their duties, or by their orders in case of necessity. Said danger signal shall remain there until the mine has been carefully examined by the gas boss, who shall remove said signal and state where he has found any danger in the mine and its nature; also immediately after each examination the fire boss shall enter in a book supplied by the chief mine inspector. and kept at the office of the operator nearest the mine, the exact condition he has found in the mine and the location of and the nature of any danger found to exist; and said book shall at all times be open to the examination of the chief mine inspector or district mine inspectors; and in all Class "A" mines where operations are temporarily suspended, or if the ordinary current of air throughout the mine be stopped, all entrances to the mine shall be fenced off by the mine foreman and a danger signal placed on such fence, and it shall be unlawful for any person or persons to pass such danger signal until the circulation of air is restored and the mine has been examined as hereinbefore required. Any disregard of this section by any person or persons shall be a misdemeanor; and it shall be the duty of the mine foreman or the gas boss to forthwith notify the chief mine inspector, who shall enter legal proceedings against such person or persons, and any conviction under this section shall subject such person or persons so convicted to a fine of fifty dollars ($50) and costs or imprisonment not to exceed ninety (90) days, at the discretion of the court: Provided, The said gas boss shall not be subject to the control of the owner or operator in the discharge of any of the duties required of said gas boss by this act.

SEC. 22. In order to better protect human life and property in Class "A" mines in this State, the chief mine inspector is hereby given authority to cause any such mine to be worked exclusively with safety lamps and to make rules and regulations for the safety of the mine and safety of the persons employed in such mine not inconsistent with this act. The safety lamps so used shall be the property of the operator of such mine and shall be in care of some competent person designated by the superintendent or mine boss, who shall clean, trim, fill, lock and examine each lamp carefully and deliver same to the persons employed in the mine as they enter, and shall receive the same from the men at the end of each shift, for which service a charge not exceeding the cost of material and labor may be made by the operator against persons using such safety lamps; and a sufficient number of extra safety lamps shall be kept at each mine in case of an emergency-the number shall not be less than twenty (20) per centum of the number actually in use during each shift-and it shall be the duty of every person using a safety lamp who knows his lamp to be injured or defective in any manner to promptly report such fact to the party authorized to receive and care for same, and it shall be promptly reported to the mine foreman: Provided further, That all safety lamps used shall be of a character approved by the chief mine inspector, who shall place all mines using safety lamps under special rules, as conditions may require; and such rules shall not in any manner conflict with this act. Any operator of mines neglecting to carry out the provisions of this section when ordered by the chief mine inspector, or any person using a safety lamp known to be dangerous or defective or refusing to maintain the extra lamps as above required, shall, upon conviction, be subject to a fine of fifty dollars ($50) and all costs for each and every case.

SEC. 23. Every Class "A" mine whether using safety lamps or not, shall be required to keep and maintain at least twenty-five (25) safety lamps for use in case of an emergency, and such lamps shall be in condition for immediate use at all times. Any operator