safety of the persons employed therein, conform to the provisions of this act, or that by reason of any defect or practice in or at such mine, the lives or health of persons employed therein, are endangered, he shall immediately, in writing, notify such operator or agent thereof, stating in such notice the particulars in which he considers such mine to be defective or dangerous, and if he deem it necessary for the protection of the lives or health of the persons employed in such mine, he shall, after giving notice to the said operator or agent, of his intention so to do, apply without bond to the circuit court of the county in which said mine is located, or to the judge thereof in vacation, for an injunction to restrain the operating of said mine until said danger be removed; and such court or judge, when so applied to, shall at once proceed to hear the case and determine the same, and if the cause appear to be sufficient, and such danger appear to exist, after hearing the parties and their evidence, he shall issue an injunction restraining the operating of said mine until the cause of such danger be removed, and the cost of the proceedings, including the charges of the attorney prosecuting the same, shall be borne by the operator of the mine, but no fee exceeding twenty-five dollars shall be taxed in any one case for the attorney prosecuting such case; but if said court or judge shall find the cause not sufficient, then the case shall be dismissed and the costs shall be paid by the county in which the mine is located. Notice. children. SEC. 13. No boy under twelve years of age, nor female person of Employment any age, shall be permitted to work in any coal mine, and in all of, women and cases of doubt, the parents or guardians of such boys shall furnish affidavits of their ages. Injuring ap Interfering SEC. 14. No miner, workman or other person shall knowingly injure any shaft [safety] lamp, instrument, air course or brattice, pliances, etc. or obstruct or throw open airways or carry matches or open lights into places worked by safety lamps, or disturb any part of the machinery, open a door used for directing the ventilation, and not close it again, or enter any part of a mine against caution, or disobey any order given in carrying out any of the provsions of this act, or do any other act, whereby the life or health of any person employed in the mine, or the security of the mine [is] endangered. Nor shall any person or persons or combination of persons by force, threats, menace or intimidation of any kind, prevent or with employattempt to prevent from working in or about any mine, any person or persons who have the lawful right to work in or about the same, and who desire so to work; but this provision shall not be so construed as to prevent any two or more persons from associating themselves together under the name of Knights of Labor, or any other name they may desire, for any lawful purpose, or from using moral suasion or lawful argument, to induce any one not to work on and about any mine. ment. Accidents to SEC. 15. Whenever by reason of any explosion or other accidents in any coal mine, or the machinery connected therewith, loss of be reported. life or serious personal injury shall occur, it shall be the duty of the superintendent of the colliery, and in his absence the mining boss in charge of the mine, to give notice thereof forthwith, by mail or otherwise to the inspector of the district, stating the particulars of such accident. And if any one is killed thereby, to the coroner of the county also, or in his absence or inability to act, to any justice of the peace; and the said inspector shall, if he deem it necessary from the facts reported, immediately go to the scene of such accident and make such suggestions and render such assistance as he may deem necessary for the future safety of the men; and investigate the cause of such explosion or accident and make a record thereof, which he shall preserve with the other records of his office; and to enable him to make such investigation, he shall have the power to compel the attendance of witnesses, and to administer oaths or affirmations; and the costs of such investigation shall be paid by the county in which such accident occurred, in the same manner as the costs of coroner's inquests are now paid. If the coroner or justice shall determine to hold Reports operators. Penalty. of Application of law. Rules. Age limit. Penalty. an inquest upon the body of any person killed, as aforesaid, he shall impanel a jury, no one of whom shall be directly or indirectly interested, and the inspector of mines, if present at such inquests, shall have the right to appear and testify and to offer any testimony that may be relevant, and to question and crossquestion any witness, and the coroner or justice shall deliver to the inspector a copy of the testimony and verdict of the jury. SEC. 16. The operator or agent of every coal mine shall annually, during the month of July, mail or deliver to the inspector of his district, a report for the preceding twelve months, ending with the thirtieth day of June. Such report shall state the names of the operator and officers of the mine, the quantity of coal mined, and such other information, not of a private nature, as may from time to time be required by the inspector. Blank forms for such reports shall be furnished by the inspector. SEC. 17. The operator or agent of any coal mine, who shall willfully neglect or refuse to perform the duties required of him by any section of this act, or who shall violate any of the provisions hereof, and any person who shall neglect or refuse to perform the duties required of him by sections nine, ten, eleven, thirteen or fourteen, or who shall violate any of the provisions thereof, or knowingly do any act whereby the health or life of any person employed in a mine, or the security of a mine is endangered, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars; in default of payment of such fine and costs for the space of ten days, the defendant may in the discretion of the court, be imprisoned in the county jail for a period not exceeding three months. SEC. 18. The provisions of this act shall apply only to coal mines in which ten or more persons are employed in a period of twenty-four hours. SEC. 20 (added by chapter 106, Acts of 1901) a. There shall be adopted by the operator of every mine in this State special rules for the government and operation of his mine or mines, covering all the work pertaining thereto in and outside of the same, which. however, shall not be in conflict with the provisions of the mining laws of this State. Such rules when established shall be printed on cardboard 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 said rules are so posted the same shall operate as notice to all the employees at such mine of their acceptance of the contents thereof. And it shall be the duty of each mine operator to furnish a printed copy of said rules to each of his employees when requested by either or any of them. Omission by an operator of the performance of the duties prescribed by this act is negligence, and renders him liable to his employée for injury resulting therefrom. 38 W. Va. 273. Employment of children. (Page 1055.) SECTION 1. No minor under twelve years of age shall be employed in any mine or in any factory, workshop, manufactory or establishment where goods or wares are manufactured; and in all cases of minors applying for work, it shall be the duty of the manager, superintendent, foreman or operator, to see that the provisions of this section are complied with. SEC. 2. Any manager, superintendent, foreman, or operator of such mine, factory, workshop, manufactory, or establishment. and parents or guardians, allowing a child, under twelve years of age, to work in violation of section first of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof. shall be fined not less than ten dollars nor more than twenty dollars for each and every such offense. Weighing coal at mines. (Page 1055.) SECTION 1. It shall be the duty of every corporation, company Scales to be or person, engaged in the business of mining and selling coal by provided. weight or measure, to procure and constantly keep on hand at the proper place, the necessary scales and measures and whatever else may be necessary, to correctly weigh and measure the coal as mined by such corporation, company or person. And it Testing. shall be the duty of the sealer of weights and measures for every county in which coal is so mined and sold, to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of such coal mine, or any two or more of the miners working therein, may in writing require his attendance at the place where such scales and measures are kept, at other times, in order to test the correctness thereof, and it shall be his duty to comply with such requests as soon as he can, after receiving such request. If his attendance is required by the owner or operator of such mine, or if by the miners working therein, and the scales or measures tested be found not to be correct, his fee shall be paid by the owner or operators, and if his attendance be required by the miners and the scales or measures tested be found to be correct, his fees shall be paid by them. If in any such county there be no sealer of weights and measures, the duties herein required to be done and performed by such sealer, shall be done and performed by the inspector of mines for the district of which such county forms a part. Cars to be SEC. 2. Each car used by any such corporation, company or person in removing coal from any coal mine, shall be numbered marked. by consecutive numbers plainly marked, and placed and kept thereon as long as such car is so used. And if the coal from such mine is mined, and the miners are paid according to the weight thereof for mining the same, every such car so used shall be weighed upon such tested scales, and the weight thereof shall be plainly marked and placed thereon as long as such car shall be used as aforesaid. If the coal at any such mine is mined, and the miners thereof are paid for mining the same by measure, the number of bushels of coal such car will hold when loaded to its capacity, shall also be plainly marked, and placed and kept thereon as long as such car is so used as aforesaid. And no car shall be used for the purpose aforesaid, * until the provisions of this section are complied with. SEC. 3. All coal so mined and paid for by weight, shall be Coal to be weighed in the car in which it is removed from the mine before weighed before screening. it is screened, and shall be paid for according to the weight so ascertained, at such price per ton as may be agreed on by such owner or operator and the miners who mined the same. And coal mined and paid for by measure shall be paid for according to the number of bushels marked upon each car in which it is removed from the mine, and before it is screened, and the price paid for each bushel so ascertained shall be such as may be agreed on as aforesaid. * SEC. 4. Every such corporation, company or person shall employ Weighmen. a weighman, and the miners working in any such coal mine may employ another such weighman, and the two so employed shali supervise the weighing of each car while empty, and the weighing of the same when loaded with coal so paid for by weight, and the measuring of the number of bushels therein, when necessary, so paid for by measure. But if the miners fail to employ such weighman, then the person so employed by such corporation, company or person shall perform that duty. Each of the persons so employed before entering upon the discharge of the duties of his employment shall take and subscribe an oath or affirmation that he will honestly and impartially do and perform the duties of his Weights and measures. Penalty Application of law. employment, and do equal and exact justice between employers and employees interested in the matter of his employment, to the best of his judgment, skill and ability. SEC. 5. In any county in which the mine inspector is required to act as herein mentioned, the county court of such county shall furnish him with whatever is necessary to enable him to discharge his duties, if such court has procured the weights and measures and balances provided for by chapter fifty-nine of the Code of West Virginia; and if not, the State sealer of weights and measures shall furnish him with whatever may be necessary to enable him to discharge the duties hereby required of him, and the things so furnished him, in either case, shall be returned by him to the person from whom he received them as soon as possible after he has performed the duties for which he received them. But it shall be the duty of every corporation, company or person so engaged in the business of mining coal, to procure and constantly keep on hand a sealed weight, of at least fifty pounds, and a sealed measure of at least one bushel, to be used for the purposes of this act. SEC. 6. Any corporation, company or person violating any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be fined not less than twenty-five dollars and not more than five hundred dollars. And the officer, agent or employees of the corporation or company whose duty it was to do or perform the act, or to cause it to be done and performed, which is the subject of the indictment, may be in dicted jointly, with said corporation or company, and upon conviction thereof, in the discretion of the court, he may be impris oned in the county jail not less than ten nor more than sixty days. SEC. 7. This act shall not apply to any corporation, company or person owning or operating a coal mine in which less than ten miners are employed. This act is constitutional. 36 W. Va. 802. Bureau of labor. (Page 1057.) SECTION 1. There is hereby created a State bureau of labor, to be under the control and management of a commissioner to be known as the State commissioner of labor, who is to be ap pointed as hereinafter provided. SEC. 2. The governor shall, with the advice and consent of the senate, appoint a competent person, who is identified with the labor interests of the State, to be State commissioner of labor, who shall hold his office * * * for a term of four years and until his successor is appointed and qualified. * SEC. 3. The commissioner of labor shall receive an annual salary of $1,200 for his services. The commissioner of labor is hereby authorized to employ such assistance and incur such expenses as may be necessary to carry into effect the purposes of this act; but such assistance and expenses shall not exceed $1,200. SEC. 4. It shall be the duty of the commissioner of labor to colleet, compile and present to the governor, in annual report, statistical details relating to all departments of labor and the industrial interests of the State, especially in relation to the financial, social. educational and sanitary condition of the laboring classes, and all statistical information that may tend to increase the prosperity of the productive industries of the State. He shall, once at least in each year, visit and inspect the principal factories and workshops of the State; and shall, upon complaint and request of any three or more reputable citizens, visit and inspect any place where labor is employed and make true report of the result of his inspection. SEC. 5. The commissioner of labor shall have power, in the discharge of his duties, to enter and inspect any public institution of the State and any factory, workshop or other place where labor is employed. He may furnish a written or printed list of interroga Answers tories, asking information essential to a proper discharge of his to Duty of off SEC. 6. All State, county, district and city officers shall furnish the commissioner of labor, upon his request, all statistical infor- cers. mation relating to labor, which may be in their possession as such officers. The commissioner of labor shall report to the governor, on or before the first day of December in each year, all the statistics he has collected and compiled, with such suggestions as he may deem advisable as to legislation tending to promote and increase the prosperity of the industrial establishments of the State, and to protect the lives and health and to promote the prosperity of the persons employed therein. Payment of wages. (Page 1058.) Payment in Scrip to be SECTION 1. It shall be unlawful for any corporation, company, firm or person, engaged in any trade or business, either directly money. or indirectly, to issue, sell, give or deliver, to any person employed by such corporation, company, firm or person, in payment of wages due such laborer, or as advances for labor not due, any scrip, token, draft, check, or other evidence of indebtedness, payable or redeemable otherwise than in lawful money; and if any such scrip, token, draft, check or other evidence of indebtedness, be so issued, sold, given or delivered to such laborer, it shall be con- redeemable. strued, taken and held in all courts and places, to be a promise to pay the sum specified therein in lawful money by the corporation, company, firm or person, issuing, selling, giving or delivering the same to the person named therein, or to the holder thereof. And the corporation, company, firm or person so issuing, selling, giving or delivering the same, shall, moreover, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars, nor more than one hundred dollars, and, at the discretion of the court, the officer or agent of the corporation, company, or firm, or the person issuing, selling, giving or delivering the same, may be imprisoned not less than ten, nor more than thirty days. Restriction in SEC. 2. If any corporation, company, firm or person, shall coerce or compel, or attempt to coerce or compel an employee in its, their trading. or his employment, to purchase goods or supplies in payment of wages due him, or to become due him, or otherwise, from any corporation, company, firm or person, such first named corporation, company, firm or person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the preceding section. And if any such corporation, company, firm or person, shall directly or indirectly, sell to any such employee in payment of wages due or to become due him, or otherwise, goods or supplies at prices higher than the reasonable or current market value thereof at cash, such corporation, company, firm or person, for goods. Overcharging |