« ForrigeFortsett »
person a statement of the
gross receipts from placer mines and wages paid per day; number of grist mills and number of sacks of flour manufactured; number of saw mills and number of thousand feet of lumber cut; number of tan yards and number of sides of leather manufactured ; number of foundries and number of tons of castings produced ; number of wagons manufactured ; number of carpenter shops, and wages paid per day; number of harness and saddlery shops, and value of manufactures; number of blacksmith shops and wages paid per month; number of silversmith shops, and wages paid per month; number of coal mines and number of tons taken out; number of reduction works, furnaces or quartz mills, and the number of tons of bullion produced and the value thereof; the number of manufacturers of every kind, not hereinbefore mentioned;
SEC. $294. Any assessor failing to perform his duty as provided in this chapter, forfeits his office and the sum of four hundred dollars, which may be recovered in an action brought by the attorney-general in the State, and his last quarterly salary must not be paid until such report is made.
State board of arbitration and conciliation.
SECTION 3330. There is a State board of arbitration and concili- Appointment ation consisting of three members, whose term of office is two of board. years and until their successors are appointed and qualified. The board must be appointed by the governor, with the advice and consent of the senate. If a vacancy occurs at any time the goyernor shall appoint some one to serve out the unexpired term, and he may in like manner remove any member of said board.
SEC. 3331. One of the board must be an employer, or selected Qualificafrom some association representing employers of labor; and one tions. of them must be a laborer, or selected from some labor organization, and not an employer of labor, and the other must be a disinterested citizen.
SEC. 3332. The members of the board must, before entering upon Organization. the duties of their office, take the oath required by the constitution. They shall at once organize by the choice of one of their number as chairman. Said board may appoint and remove a clerk of the board, who shall receive such compensation as may be allowed by the board, but not exceeding five dollars per day for the time employed. The board shall, its soon as possible after its organization, establish such rules or modes of procedure as are necessary, subject to the approval of the governor.
Sec. 3333. Whenever any controversy or dispute, not involving Mediation. questions which may be the subject of a civil action, exist between an employer (if he employs twenty or more in the same general line of business in the State) and his employees, the board must, on application as is hereinafter provided, visit the locality of the dispute and make inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done, hy either or both, to adjust said dispute, and the board must make a written decision thereon. The decision must at once be made pub- Decision to be lic, and must be recorded in a book kept by the clerk of the board,
published. and a statement thereof published in the amual report and the board must cause a copy thereof to be filed with the clerk of the county where the dispute arose.
SEC. 3334. The application to the board of arbitration and con- Applications. ciliation must be signed by the employer, or by a majority of his to be signed. employees in the department of the business in which the contropersy or difference exists, or their duly authorized agent or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until the decision of said hoard if it shall be made within four weeks of the date of filing said application. When an application is signed by an agent
H. Doc, 733, 58-2_-44
claiming to represent a majority of such employees, the board shall satisfy itself that such agent is duly authorized in writing to represent such employees, but the names of the employees giring such authority shall be kept secret by said board; as soon as may be after the receipt of said application the secretary of said board shall cause public notice to be given for the time and place for the hearing thereon ; but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given; when such request is made notice shall be given to the parties
interested in such manner as the board may order; and the board Expert assist. may, at any stage of the proceedings, cause public notice to be
given, notwithstanding such request. When notice has been given as aforesaid, each of the parties to the controversy, the employer on one side, and the employees interested on the other side, may in writing nominate, and the board may apppoint, one person to act in the case as expert assistant to the board. The two persous so appointed shall be skilled in and conversant with the business or trade concerning which the dispute has arisen. It shall be their duty, under the direction of the board, to obtain and report to the board, information concerning the wages paid, the hours of labor and the methods and grades of work prevailing in manufacturing establishments, or other industries or occupations, within the State of a character similar to that in which the matters in dispute have arisen. Said expert assistants shall be sworn to the faithful discharge of their duty ; such oath to be administered by any member of the board, and a record thereof shall be preserved with the record of the proceedings in the case. They shall be entitled to receive from the treasury of the State such compensation as shall be allowed and certified by the board not exceeding dollars per day, together with all necessary traveling expenses. Nothing in this act shall be construed to prevent the board from appointing such other additional expert assistant or assistants as it may deem necessary, who shall be paid in like manner. Should the petitioner or petitioners fail to perform the promise made in said application, the board sball proceed no further thereupon without the written consent of the adverse party. The board shall have power to summon as witness any operative or employee in the department of business affected and any person who keeps the records of wages earneul in those departments, and to examine them under oath, and to require the production of books containing the record of wages paid. Summons may be signed and oaths administered by any member
of the board. Decision. Sec. 3335. Upon the receipt of said application and after such
notice, the board shall proceed as before provided, and render a written decision, which shall be open to public inspection, shall be recorded upon the records of the board, and published at the discretion of the same in an annual report to be made to the gor
error on or before the first day of December in each year. Fåtect of de- Sec. 3336. Any decision made by the board is binding upon the cision.
parties who join in the application for six months, or until either party has given the other notice in writing of his intention not to be bound by the same at the expiration of sixty days therefrom. The notice must be given to employees by posting the same in three conspicuous places in the shop, office, factory, store, mill or
mine where the employees work.
scribed in section 3333 of this code may submit the matters in dis-
may choose a third, who shall be chairman of the board. Such Powers. board shall, in respect to the matters referred to it, have and ex
ercise all the powers which the State board might have and exer-
agreed upon by the parties to the controversy in the written submission. The jurisdiction of such board shall be exclusive in respect to the matters submitted to it, but it may ask and receive the advice and assistance of the State board. The decision of such board shall be rendered within 10 days of the close of any hearing held by it; such decision shall at once be filed with the clerk of the county in which the controversy or difference arose, and a copy thereof shall be forwarded to the State board and entered on its records. Each of such arbitrators shall be entitled to receive Compensa from the treasury of the county in which the controversy or differ- tion. ence that is the subject of the arbitration exists, if such payment shall be approved by the commissioners of said county, the sum of three dollars for each day of actual service, not exceeding ten days for any one arbitration. Whenever it is made to appear to the Duty of mayor miyer of any city or two commissioners of any county, that a to give notice
of strike. strike or lockout such as described hereafter in this section is seriously threatened or actually occurs, the mayor of such city, or said commissioners of such county, shall at once notify the State board of the fact. Whenever it shall come to the knowledge of the State board, either by notice from the mayor of a city, or two or more commissioners of a county, as provided in this section, or otherwise, that a strike or lockout is seriously threatened or has actually occurred in any city or county of this State, involving an employer and his present or past employees, if at the time he is employing or up to the occurrence of the strike or lockout was employing, not less than twenty persons in the same general line of. business in any city, town or county in this State, it shall be the duty of the State board to put itself in communication as soon as may be with such employer and employees, and endeavor by mediation to effect an amicable settlement between them, or to endeavor to persuade them, providing that a strike or lockout has not actually occurred or is not then continuing, to submit the matters in dispute to a local board of arbitration and conciliation as above provided, or to the State board ; and said State board may, if it deem it advisable, investigate the cluse or causes of such controversy, and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and may make and publish a report finding such cause or causes, and assiguing such responsibility or blaune. The board shall have the same powers for the foregoing purposes as are given it by section 3333 of this code. Witnesses summoned by the State board shall Witnesses. be allowed the sum of fifty (ents for each attendance, and the further sum of twenty-five cents for each hour of attendance in excess of two hours, and shall be allowed five cents a mile for travel each way from their respective places of employment or business to the place where the board is in session. Each witness shall certify in writing the amount of his travel and attendance and the amount due him shall be (see section 9 of Massachusetts act and make such provision as deemed best) certified to the State board of examiners for auditing, and the same shall be paid as other expens i of the State from any moneys in the State treasury.
SEC: 3338. The arbitrators hereby created must be paid five dol- Compensa lars for each day of actual service and their necessary traveling tion. expenses and necessary books or record, to be paid out of the treasury of the State, as by law provided.
Coal mine regulations.
SECTION 3350. 'The owner or operator of any coal mine in the State, must make, or cause to be made, an accurate map or plan of the mine, which must exhibit the openings or excavations, the shafts, slopes, or tunnels, the entries, rooms, or other workings, must show the direction of the air currents therein, accurately delineate the surface section lines of the coal lands controlled by the owner of the said mines and show the exact relation to and proximity of the workings of said mine to said surface lines; said map, or plan, must also show the exact date of each survey made,
and indicate the boundary line of the most advanced face of the workings at such date; and in case more than one seam of coal is opened or worked, a separite map or plan as aforesaid, must, if desired by the inspector, be made of the working in each seam. The inap, or plan, or a true copy thereof, with the record of all surveys of said boundary lines and underground workings, must be delivered to the State inspector of mines, and the original or a true copy of the same must be retained for reference and inspection at the office of the coal mine. The maps and plans so delivered to the inspector of mines are the property of the State, and inust be transferred to his successor in oflice. Maps of mines filed with the inspector must be open to the examination of the public in the presence of the inspector, but in no case must any copy of the same be made without the consent of the owner, oper
ator, or his agent. ('orrection of Src. 3351. After the maps and plans herein provided are com
pleted, thereafter in July of each year, the owner or operator of every coal mine must cause surveys to be made of all alterations and extensions of the workings made during the year preceding, and must have the records and results of the survey duly entered upon the maps of the inspector, and upon that kept at the mine. The said extensions must be placed upon the inspector's map, and the map returned to the inspector within thirty days from the completion of the survey. When any coal mine is worked out, and is about to be abandoned the owner or operator must have the maps or plans thereof extended to include all the excavations made, showing the most advanced workings of every part of the mine and the relation of such boundaries to marked boundaries
on the surface. Inspector may SEC, 3352. Whenever the owner or operator of any coal mine ma ke map, neglects or refuses to furnish the inspector the map or plan of when.
such coal mine, or the extensions thereto, as provided for in this chapter, the inspector is authorized to make, or cause to be made, an accurate map or plan of such coal mine, at the expense of the owner, and the cost may be recovered from the owner or operator,
in the same manner as other debts, in the name of the State. Escape shaft. SEC: 3353. For all coal mines in this State, when more than six
men are employed, other than the owners or operators of such mine, whether worked by shaft, slope or drift, there must be provided and maintained in addition to the hoisting shaft or opening, a separate escapement shaft or opening to the surface, or in underground opening or communication between every such mine and some other contiguous mine, as may be approved by the mine inspector, as coming within the requirements of this chapter, which openings constitute two separate and available means of ingress and egress to all persons employed in the mine, and all passageways communicating with the escapement shaft or places of exit from main hauling ways to escapement shafts,
must be at least five feet wide and five feet high. Same subject. Sec. 3354. Every escapement shaft must be separated from the
main shaft by such extent of natural strata as shall secure safety to the men employed in such mines, and provided with either stairways, or cages and hoisting apparatus, as in the judgment of the inspector of mines may be sufficient to insure the safe and speedy removal of all persons within the mine in case of danger. No obstructions of any kind must be permitted in any escapement shaft that would in any way impede travel through the same. The time allowed for completing such escapement shaft or making such communication with an adjacent mine, as is required by the terms of this chapter, is for all mines already opened or in process of development on the sixth day of March, 1891, one year for sinking any shaft two hundred feet or less in depth, and one additional year or pro rata portion thereof for every additional two hundred feet, or fraction thereof; but for mines which are opened thereafter, the time allowed shall be two years for all shafts more than two hundred feet in depth, and one year for all shafts two hundred feet or less in depth, and the time must be reckoned in all cases
from the date on which coal is first hoisted from the original shaft for sale or use, and it is the duty of the inspector of mines to see that all escapement shafts are begun in time to secure the completion within the time herein specified.
SEC. 3355. The owner or operator of every coal mine, whether operated by shaft, slope or drift, must provide and maintain for every such mine a good and sufficient amount of ventilation for men and animals employed therein; the amount of air in circulation to be in no case less than one hundred cubic feet for each man, and six hundred cubic feet for each animal per minute, measured at the foot of the down cast, and the same to be increased at the discretion of the inspector according to the character and extent of the workings, or to the amount of powder used in blasting, and the volume of air must be forced and circulated to the face of every working place throughout the mine, so that the mine is free from standing powder smoke and gases of every kind. All doors set on main entries for the purpose of conducting ventilations must be so constructed and hung as to close of themselves when opened, and must be made sufficiently tight to effectually obstruct the air currents.
Sec. 3356. In all the larger mines, a suitable person as door- Same subject. keeper must be kept in attendance upon such doors, to see that they are kept securely closed and the air currents properly controlled. Whenever the inspector finds men working without sufficient air or under any unsafe conditions, he must first give the owner or operator a reasonable notice to rectify the same; upon the neglect or refusal of the owner or operator of the mine to put the same in a safe condition, as required by the inspector, the inspector must proceed by an action to enjoin the further workings of the mine until the law is complied with. All actions for an injunction must be brought by the county attorney, or by the attorney-general in the name of the State.
SEC. 3357. All mines in which explosive gases are known to Inspection of exist must be examined every morning by a duly authorized agent gas producing of the owner or operator, to determine whether there are any
mines. dangerous accumulations of gases or lack of ventilation or obstructions to roadways or any other dangerous conditions, and no person must be allowed to enter the mine until the agent has reported all the conditions safe for beginning work ; the agent must make a daily record of the condition of the mine in a book kept for that purpose, which shall be open at all times to the examination of the inspector. The current of air in mines must be split, so as to give a separate current to at least every one hundred men at work, and the inspector has the discretion to order a separate current for a smaller number of men if special conditions render it necessary. In case the entries or roadways of any mine are so dry as to become filled with dust, the owner or operator of the mine is required to have such roadways regularly and thoroughly sprinkled, and it is the duty of the inspector to see that in all mines every practicable precaution is taken against accidents from the careless nandling of powder within the mine.
SEC. 3358. In no case must more powder be stored in the mine Powder, blast. at any one time than in the discretion of the inspector is necessary ing, etc. for each day's use. It is unlawful for coal miners in any mine to charge a blasting hole with the loose powder or otherwise than with the properly constructed cartridge; and in dry and dusty mines it is unlawful to load cartridges in the mines except with powder cans constructed for the purpose. It is unlawful for the owner or operator of any mine to permit miners to work in said mines with tools prohibited by law. It is unlawful for any owner or operator of any mine where dangerous or explosive gases are known to exist to employ any person as foreman or boss of said mine, who does not possess a thorough, practical knowledge of the nature and danger of inflammable or explosive gases and understand the means and appliances for controlling them. It is unlawful for any person to act as foreman or mine boss of any mine in which inflammable gases are known to exist, who does not possess