CHAPTER 32.—Safety appliances on railroads. Bridges over SECTION 776. No bridge or passway hereafter constructed over any railroads.

railroad, except in cities having power under their charters to regulate the height of such bridges or passways, shall be at a less height than twenty-two feet above the track of the road, unless by the written authority of the commission; and whenever there shall be over any railroad a bridge, tunnel or other obstruction, at a height of less than seven feet above the roof of the freight cars used or hauled on said road, it shall be the duty of the officers of such road to erect and keep in repair, at or near such bridge, tunnel or obstruction, and on each side thereof, a rod or beam placed across the track, at such height and

at such distance from the bridge, tunnel or obstruction as the railroad Telltales.

commission shall direct; and from such rod or beam shall be suspended straps, ropes or cords, of such length as the commission may determine, and not greater than six inches apart, for the space of eight feet

directly over the track. Air brakes. Sec. 778. No regular or other passenger train shall be run without

an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall, at all times, be kept in gool condition and ready for use at the discretion of the engineer. The

provisions of this section shall not apply to mixed trains. Frogs to be SEC. 780. * blocked.

every company shall adjust, fix or block the frogs on its tracks to prevent the feet of its employees from being caught

therein. Penalty.

SEC. 793. Any company failing to comply with or violating or permitting any of its employees or agents to violate any of the provisions of sections

778, 780, *

* of this article, shall, in addition to subjecting itself to any damages that may be caused by such failure or violation, be guilty of a misdemeanor and be fined for each failure or violation not less than one hundred nor more than five hundred dollars, to be recovered by indictment in the circuit court of any county through which the company in default operates a line of road, or in the Franklin circuit court.


CHAPTER 32.Obstructing operation, injuring property, etc., of railroads. Hindering, SECTION 802. It shall be unlawful for any person or persons to preetc., transporta vent, hinder or delay, or to attempt to prevent, hinder or delay, by

violence, the transportation of freight or passengers in this State, by
any individual, firm, company, corporation or association doing busi-
ness in this State, or to interfere with, by violence, any person or
agency engaged in the conduct of commerce and traffic in this State
in such manner as to obstruct or impede the movement and conduct
of such commerce or traffic; but nothing herein shall be construed to
prevent any person, or class of persons, from quitting their employ-

ment at any time they see proper. Coercion, etc. Sec. 803. And it shall be unlawful for any person or persons to pre

vent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm, company, corporation or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this state, or the free and lawful use of said property by any agent or employee

of the owner thereof. Penalty. Sec. 804. Whoever shall violate the provisions of either of the two

preceding sections shall be deemed guilty of a misdemeanor, and, upon conviction by any court of competent jurisdiction, shall be punished for each offense by a fine of not less than twenty-five nor more than two hundred dollars, or by imprisonment in the county jail of the county wherein the offense is committed not less than ten days nor more than six months, or shall be both so fined and imprisoned, in the discretion of the jury.


A track

Persuasion to


CHAPTER 36.-Sunday labor. SECTION 1321. No work or business shall be done on the Sabbath Sunday labor day, except the ordinary household offices, or other work of necessity forbidden.

Exceptions. or charity, or work required in the maintenance or operation of a ferry, skiff or steamboat, or steam or street railroads. If any person on the Sabbath day shall himself be found at his own, or any other trade or calling, or shall employ his apprentices, or other person, in labor or other business, whether the same be for profit or amusement, unless such as is permitted above, he shall be fined not less than two nor Penalty. more than fifty dollars for each offense. Every person or apprentice so employed shall be deemed a separate offense. Persons who are

Observance of

another day. members of a religious society, who observe as a Sabbath any other day in the week than Sunday, shall not be liable to the penalty prescribed in this section, if they observe as a Sabbath one day in each seven, as herein provided.

Making ordinary repairs on a railroad track is a violation of the statute. male suddenly unsafe may be repaired on Sunday if delay might endanger the safety of passengers or freight. 92 ky. 114.

Operating trains carrying passengers, mail, baggage, live stock, merchandise, etc., on the Sabbath is not a violation of the statute. 80 Ky. 291.

Sec. 1322. Any person who engages in the business of barbering on Barbering on Sunday shall be deemed guilty of a misdemeanor, and, upon convic- Sunday. tion thereof, shall be fined not more than five dollars, and upon a second conviction for a like offense, shall be fined not less than ten Penalty. dollars and not more than twenty-five dollars, or imprisoned in the county jail for a period of not less than five days nor more than ten days, or be both fined and imprisoned, at the discretion of the court.

CHAPTER 36.-Enticing employees. SECTION 1349. If any person shall willfully entice, persuade, or otherwise influence any person or persons, who have contracted to abandon labor for a fixed period of time, to abandon such contract before such period of service shall have expired without the consent of the employer, he shall be fined not exceeding fifty dollars, and be liable to the party Penalty. injured for such damages as he or they may have sustained.

CHAPTER 36.— Payment of wages. SECTION 1350. Any corporation or person or persons, having the Penalty. ownership or control of any factory, mine or workshop in this Commonwealth, who shall violate the provisions of section two hundred and forty-four of the constitution, reading as follows: “All wage-earners in this State employed in factories, mines, workshops or by corporations shall be paid for their labor in lawful money,' shall be guilty of a misdemeanor, and, on trial and conviction, had in any court of competent jurisdiction, shall be fined not exceeding five hundred dollars for each violation thereof.

A mining company paid its employees monthly in lawful money, and between pay days issued checks to its employees on their application, payable in merchandise at the company's store. The balance at the end of the month was paid in cash, but no outstanding checks were redeemed. This was held not to be a violation of the statute. 28 S. W. Rep. 502.

CHAPTER 41.—Time to vote to be allowed employees. SECTION 1574. Any person entitled to a vote at any election in this, Four hours to

be allowed. State shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or employed for a period of four hours, between the time of opening and closing the polls; and such voter 'shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, hou- Proviso. ever, That application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby con

ferred, or shall discharge or threaten to discharge an employee for absenting himself for the purposes of said election from his work, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this section, shall be deemed guilty of a misdemeanor, and be fined in any sum not less than fifty nor more than five hundred dollars.


CHAPTER 46. —E.cemption of wages from execution, etc. Fifty dollars SECTION 1701. The wages not to exceed fifty dollars, of all persons exempt. who work for wages, shall be exempt from execution, attachment, dis

tress for rent, garnishment or fee bills: Provided, That the exemption of fifty dollars shall not apply to debts contracted for food, raiment [fuel, medicine] or house rent for the family.

CHAPTER 88.-Coal mine regulations and inspection.

Inspector of SECTION 2722. There shall be appointed by the governor, with the mines.

advice and consent of the senate, an inspector of mines, who shall hold his office for four years, and until his successor is appointed and qual, ified; but he shall be liable to be removed by the governor for willful neglect of duty or malfeasance in office. Any vacancy in the office of inspector which may occur when the senate is not in session shall be filled by appointment of the governor till the close of the next session of the senate. Said inspector shall have a practical knowledge of chemistry, geology and mineralogy, and shall also possess a practical knowledge of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially fire damp, and he shall also have a practical knowledge of mining and engineering; and said inspector shall, before he enters upon the discharge of his official duties, be sworn to discharge them faithfully and impartially, which oath shall be subscribed on his commission, and certified by the officer administering it, and his commission so indorsed shall be filed with the secretary of state in his office; and said inspector shall give bond in the penal sum of five thousand dollars, with surety, to be approved by the

governor, for the faithful discharge of his duties. Duties.

SEC. 2723. Said inspector shall give his entire time and attention to the discharge of the duties of his office, and it shall be a part of his duty to visit and inspect, as often as may be necessary, all the coal mines in actual operation in Kentucky, and to see that the provisions of this act are complied with by the owners, agents and superintendents

of all the mines in this State.

and Sec. 2724. Said inspector shall have power to visit and inspect any duties.

mine to which this act applies. He shall examine into the condition of such mine with respect to ventilation, drainage, timbering and general security; and if, upon inspection, he finds that such ventilation, drainage or timbering as the health or safety of the persons employed in the mine would require, has not been provided, or should he find the mine insecure in any part, or should he find that sufficient means of ingress and egress have not been provided, said inspector shall at once notify the agent, superintendent or owner of the mine as to the unsafe or unwholesome condition of such mine, and require him to

put the mine in a safe and wholesome condition, and such mine shall Enforcement forth with be rendered safe and healthful. For a failure to comply

with the directions of the inspector to render such mine safe, and to provide such ventilation as is sought to be secured by this law, and to provide safe and suitable means of ingress and egress within twenty days from the date of the inspection, the agent or superintendent and owner shall be liable to a fine of fifty dollars per day for every day that such mine shall be suffered to remain in such unsafe or unhealthful condition after the expiration of the twenty days above provided in which the required improvements should be made, which fine may be collected by indictment by the grand jury of the county in which such mine is situate; but in cases in which the inspector is satisfied, from personal investigation, that, even if due diligence is observed, the



required improvements can not be completed within the twenty days above provided, he shall have authority to extend the time for not more than twenty days longer; but when the time is thus extended, the agent, superintendent or owner who is delinquent, after the expiration of the additional time, shall be subject to indictment and fine as above provided; and, as a cumulative remedy in case of failure of any owner, agent or superintendent to conform to the provisions of this law, after notice from the inspector, within the time provided by this section, any circuit court, or the judge in vacation, may, on application of the inspector, by civil action in the name of the State, enjoin or restrain, by writ of injunction, the said owner, agent or superintendent from working or operating such mine with more than five persons until it is made to conform with the provisions of this law; but before such writ of injunction shall issue, the owner, agent or superintendent shall have at least three days' notice of such contemplated action, and shall have the right to appear before such court, or the judge in vacation, to whom the application is made, who shall hear the same on affidavits and such other testimony as may be offered in support as well as in opposition thereto. It shall be the duty of the Commonwealth's attorney of the district and of the county attorney of the county in which the mine lies, to prepare and prosecute proceedings upon said application.

Sec. 2725. The inspector of mines shall keep an office in the state- Office. house at Frankfort. He shall be provided with all necessary stationery, to be supplied by or through the State librarian as other offices are supplied; and he shall keep a record of all the inspections made by him, and shall furnish a certified copy of his report of the inspection of any mine inspected by him to the Commonwealth's attorney of the district in which the mine is situated, on application therefor, which copy shall be admissible in evidence in any court of this Commonwealth, and shall be prima facie evidence of the truth of recitals therein contained.

Sec. 2726. Such inspector, while in office, shall not act as agent, or Not to be inas a manager or mining engineer for, or be interested in operating terested in minany mine, and he shall annually, on or before the tenth day of Feb ing operations. ruary, make report to the governor of his proceedings for and during Repr the calendar year ending on the thirty-first day of December, and of the condition and operation of the coal mines in this State, enumerating all accidents which shall have occurred in or about the same, and giving such other information as he may deem useful, and making such suggestions as he may deem important as to further legislation on the subject of mining. The inspector shall also report the number of persong employed in and about the mines, and the amount of coal mined; and, for the purpose of enabling him to make such report as is required by this section, the owner, lessee, agent or superintendent of every mine to which this law applies, is hereby required to give each month accurate information, on blanks to be furnished by the inspector, as to all accidents occurring in and about the mines, the number of persons employed and the amount of coal mined during the preceding month; and the owner, lessee or superintendent refusing or failing to furnish the inspector such information for sixty days after application therefor has been received, shall be liable to a fine of fifty dollars, to be recovered in the county in which the mine concerning which such information is refused is situate. The inspector is authorized to extend his observations, so as to be prepared to report upon the mining possibilities and mineral resources of the counties to which he is called in the prosecution of his duties as inspector. One thousand copies of the inspector's annual report shall be printed for general distribution.

Sec. 2727. The inspector shall receive an annual salary of eighteen Compensation. hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when absent from his office on business connected with his department; and he shall keep on file in Maps and plans his office maps and plans of all coal mines in operation in this State, of mines. which maps, plans and all the books, records and apparatus of his office he shall carefully keep, and turn over the same, with all official correspondence pertaining to his office, to his successor; and upon application of the owner, agent, lessee or superintendent therefor, he


shall make out a duplicate of any map on file in his office of any mine owned or operated by the owner, agent, lessee or superintendent making such application, for the making of which duplicate a fee of five dollars must be paid, and which fee shall, within thirty days after its

reception, be paid into the State treasury by the inspector receiving it. Instruments. SEC. 2728. There shall be provided for said inspector all instruments

and chemical tests necessary for the discharge of his duties under this law, which shall be paid for on the order of the inspector, and which

shall belong to the State. Maps.

SEC. 2729. The owner, agent, lessee or superintendent of every coal mine in the State, to which this law applies, shall annually, within sixty (60) days after the first day of January, make, or cause to be made, an accurate map or plan of the workings of such mine, on a scale of not more than one hundred feet to the inch, showing the area mined, and the form of theexcavations up to the said first day of January, together with the location and connection with such excavations of the lines of all adjoining lands, and the name or names of each owner or owners, so far as known, marked on each tract; a true copy of which map the said owner, agent, lessee or superintendent shall deposit with the inspector of mines within seventy days after said first day of January, and another copy of which shall be kept at the office of such mine. But after the making and filing with said inspector of the first map of the mine, as required herein, the owner, agent, lessee or superintendent shall be required to annually make and file with said inspector, within the times herein specified, such additional map and statement as may be necessary to truly show the progress of the workings and the amount of excavation of said mine from the date of the preceding map or survey up to the first day of January, as provided herein. The inspector shall annually, on or before the first day of January, give warning notice that said map is required; and upon the refusal or failure of the agent, owner, lessee or superintendent receiving such notice to make or cause to be made such map within the sixty (60) days, and deposit the same with the inspector within the seventy (70) days specified herein, said owner, agent, lessee or superintendent shall be liable to a fine of five (5) dollars a day for each day elapsing until said map is made, said fine to be recovered in the county in which the mine to be mapped is situated. The correctness of each map. provided for by this section shall be certified to by the person making such map; and the inspector may reject any map as incom

plete the accuracy of which is not so attested. Escape shafts. SEC. 2730. It shall not be lawful for the owner, agent or superin

tendent of any coal mine, worked by a shaft, slope or drift, wherein fifteen thousand square yards have been excavated, to employ more than ten persons to work therein, or to permit more than ten persons to work in such mine, unless there are to every seam of coal worked in each mine at least two separate outlets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets, distinct means of ingress and egress are always available to the persons employed in such mines; but it shall not be necessary for the two outlets to belong to the same mine; and every shaft opened after the passage of this act shall have two such separate outlets, after fifteen thousand square yards shall have been excavated, and to all other mines, whether slopes or drifts, two such openings or outlets shall be provided within twelve months after the passage of this law, provided fifteen thousand square yards have been excavated at or before the passage of this law, or if not, then within twelve months after that extent has been excavated. In case any coal mine has but one shaft, slope or drift for the ingress or egress of the men working therein, and the owner thereof does not own suitable ground for another opening, such owner may select appropriate associate adjacent surface ground for that purpose, and have the same condemned, and appropriate the same by proceedings in the county court of the county where the mine is situated, similar to proceedings now allowed by

law for securing a private passway, Ventilation.

Sec. 2731. The owner, agent or lessee of every coal mine, whether slope, shaft or drift, to which this act applies, shall provide and maintain for every such mine an amount of ventilation of not less than one

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