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a thorough, practical knowledge of the nature and danger of inflammable or explosive gases, and understand the means and appli
ances for controlling them. Foremen of Sec. 3359. It is unlawful for any person to act as foreman or gas - producing mine boss of any mine in which inflammable gases are known to mines.
exist, who does not possess a certificate from the State mine inspector certifying to his competency for managing the underground workings of mines, together with a thorough knowledge of all gases met with in coal mines and of the most approved means
of [or] appliances for controlling them, and the inspector of mines Examination. is authorized to examine all foremen or mine bosses upon their
competency under the provisions of this chapter and issue his ver
tificate to those whom he considers qualified to act as such foreExperienced man or boss within the meaning of this law. It is unlawful for employees. any owner or operator of a coal mine to empler persons under
ground whose duties may involve contact with infiammable gases or the handling of explosives, who have not had experience in such duties, unless all such employees are placed under the immediate charge and instruction of such number of competent men as
to secure the safety of other persons employed in the same mine. Ventilating Sec. 3360. The ventilation required by this chapter may be pro
duced by any suitable appliances, but in case a furnace is used for ventilating purposes it must be built in such a manner as to prevent the communication of fire to any part of the works by lining the upeast with incombustible material for a sufficient distance up from the furnace. It is unlawful to use a furnace for ventilating purposes or for any other purpose that emits smoke into any compartment constructed in or adjoining any hoisting shaft or slope where the hoisting shaft or slope is the only means provided for the ingress or egress of persons employed in said coal mines. It is unlawful, where there is but one means of ingress and egress provided at a coal shaft or slope to construct and use a ventilating furnace that emits smoke into a shaft as an upcast where the shaft or slope used as a means of ingress and egress by persons employed in said coal mines is the only means provided
for furnishing air for persons employed therein. Cages.
SEC. 3361. The owner or operator of a coal mine operated by shaft must provide safe means of hoisting and lowering persons in a cage covered with boiler iron, so as to keep safe as far as possible persons descending into and ascending out of said shaft, and said (age must be furnished with guides to conduct iron slides through such shaft, with a sufficient brake on every drum to prevent accident in case of the giving out or breaking of the machinery; and such cages must be furnished with safety catches intended and provided, as far as possible to prevent accident in
case of cable breaking or the loosening or disconnecting of maShaftmen, etc.
chinery. The owner or operator of every coal mine operated by shaft and steam power must place competent persons at the top and bottom of such shaft for the purpose of attending to signals while the men are being lowered or hoisted out of the mine: they must be at their post of duty at least thirty minutes before the hoisting of coal is commenced in the morning and remain at least thirty minutes after the hoisting of coal has ceased at night. It is also their duty to see that the men do not carry any tools, timber, or material with them on the cage, and that only the proper number of men are allowed upon the cage at one time. A suflicient light must be furnished at the top and bottom of the shaft to insure as far as possible the safety of persons getting on or off
Sec. 3362. A suitable code of signals between the bottom man and the top man and engineer must be established to provide and insure the safety of persons being lowered into and hoisted out of any shaft; said code of signals so established must be conspicuously posted at the top and bottom of the shaft and in the engine room. No person must ride upon a loaded cage or car used for hoisting purposes in any shaft or slope, and in no case
must more than twelve persons ride in any cage or car at any one time, nor must any coal be hoisted out of any coal mine, except in cases where coal is being hoisted out of a slope which is not less than ten feet wide and only one track operated therein, while persons are descending into such mine. The number of persons permitted to ascend out of or descend into any coal mine at one time must be determined by the inspector, and they must not be lowered or hoisted more rapidly than five hundred feet per minute.
Shafts to be The top of each and every shaft and the entrance to each and
fenced. every intermediate working rein must be securely fenced by gates, properly protecting such shaft and the entrance thereto, and the entrance to every abandoned slope, air or other shaft must be securely fenced off.
SEC. 3363. All underground, self-acting or engine planes, with Places of ref. single track, on which coal cars are drawn and persons travel, uge. must be provided with proper means of signaling between the stopping places and ends of said planes, and sufficient places of refuge at the sides of such planes must be provided at intervals of not more than ten yards and all their other single planes or gangways, twenty yards, and they must not be less than six feet wide and whitewashed or otherwise distinguished from the surrounding walk. The bottom of every shaft must be supplied with a traveling way, to enable men to pass from one side of the shaft to the other without passing under or over the cage. All sumps must be securely planked over, so as to prevent accident.
Sec. 3364. Any person neglecting or refusing to perform the du- l'enalty. ties required by any of the provisions of this chapter is punishable as provided in section 718 of the Penal Code.
SEC. 3365. The inspector of mines is authorized to provide, at Instruments. the expense of the State, all necessary air meters, barometers or
1 other instruments for the use of himself and deputy in making all investigations and inspections, as required by this chapter.
SECTION 3390. If any person, after having discharged an em- Preventing ployee from his service prevents, or attempts to prevent, by word employment of
discharged emor writing of any kind, such discharged employee from obtaining ployee. employment with any other person, such person is punishable as provided in section (156, of the Penal Codle, and is liable in punitive damages to such discharged person, to be recovered by civil action; no person is prohibited from informing, by word or writing, any person to whom such discharged person or employee has applied for employment, a truthful statement of the reason for such discharge.
SEC. 3391. If any company or corporation in this State author- Damages. izes or allows any of its agents to blacklist, or any person does blacklist, any discharged employee, or attempts by word or writing, or any other means whatever, to prevent any discharged employee, or any employee who may have voluntarily left said company's service, from obtaining employment with another person, except as provided for in the next preceding section, such company or corporation or person, is liable in punitive damages to such employee so prevented from obtaining employment, to be recovered by him in civil action; and is also punishable as provided in section 656, of the Penal Code.
SEC. 3392. It is the duty of any person, after having discharged Reason any employee from his service, upon demand by such discharged discharge to be
furnished, employee, to furnish him in writing a full, succinct and complete statement of the reason of his discharge, and if such person refuses so to do within a reasonable time after such demand, it is unlawful thereafter for such person to furnish any statement of the reason of such discharge to any person, or in any way to blacklist or to prevent such discharged person from procuring employment elsewhere, subject to the penalties and damages prescribed in this chapter.
Code of sig- SECTION 3652. It is made the duty of the inspector of mines of nals.
Montana, and he is hereby required to prepare a complete code of signals for use in all mines in this State, worked through a shaft of 75 feet or more in depth, and employing ten or more men, and cause the same to be made known to each owner or operator of a mine in Montana printed circular instructions to the end that a uniform code of mine signals may prevail. The said inspector of mines of Montana, may add to or change such code of signals as circumstances may require, but no change of signals shall go into effect until a time specified by him, not less than sixty days nor more than ninety days from the time such change shall be ordered by him: Provided, That the code of signals first prepared by him shall be used in all said shaft mines from and after June
1, 1895. Penalty.
Sec. 3653. Any owner or operator of a mine who shall refuse or neglect to cause the signals provided for in section 3652 of this act to be used in his mine to the exclusion of all other signals, shall be deemed guilty of a misdemeanor and upon conviction of such refusal or neglect, shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days or more than ninety days, in the discretion of the court, for each and every offense.
License re- SECTION 4062 (as amended by chapter 117, Acts of 1903). Liquired.
censes must be obtained for the purposes hereinafter named, for which the county treasurer must require payment as follows:
4. For each keeper of an intelligence office, ten dollars per quarter.
Earnings of married women. Earnings sep- SECTION 223. The earnings and accumulations of the wife are arate property. not liable for the debts of the husband.
Work done for SEC. 225. All work and labor performed by a married woman for third parties. a person other than her husband and children shall, unless there
is a written agreement on her part to the contrary, be presumed to be performed on her separate account.
Earnings of minors. Payments SECTION 299. The wages of a minor employed in service may be valid until no- paid to him until the parent or guardian entitled thereto gives tice.
the employer notice that he claims such wages.
Who may in- SECTION 870. Whenever any number of persons, not less than corporate.
three, nor more than seven, may desire to become incorporated as a cooperative association for the purpose of trade, or of prosecuting any branch of industry, or the purchase and distribution of commodities for consumption, or in the borrowing or lending of money anong members for industrial purposes, they shall make a statement to that effect under their hands, duly acknowledged by a notary public, in the manner provided for the acknowledgment of deeds, setting forth the name of the proposed corporation, its capital stock, its location, and duration of the association, and the particular branch or branches of industry which they intend to prosecute, which statement shall be filed in the office of the secre- Statement to
be filed. tary of state. The secretary of state shall thereupon issue to such persons a license as commissioners to open books for subscription to the capital stock of such association, at such time and place as they may determine, for which he shall receive the fee of five dollars.
Sec. 871. No person shall be permitted to subscribe for or con- One share to trol or own more nor less than one share of the capital stock of each member, such association.
SEC. 872. As soon as ten or more shares of the capital stock shall Organization. be subscribed the commissioners shall convene a meeting of the subscribers for the purpose of electing directors, adopting by-laws and transacting such other business as shall properly come before them. Notice thereof shall be given by depositing in the post-office properly addressed, to each subscriber, at least ten days before the time fixed, stating the object, time and place of said meeting. Directors of associations organized under this act shall be elected by the stockholders and hold their office for such period of time as shall be provided in the articles of association or by-laws.
SEC. 873. The commissioners shall make a full report of their Report. proceedings, including therein a copy of the notice provided for in the preceding section, a copy of the subscription list, a copy of the by-laws adopted by the association and the names of the directors elected and their respective terms of office, which report shall be sworn to by at least a majority of the commissioners, and shall be filed in the office of the secretary of state. The secretary of Certificate of state shall thereupon issue a certificate of the complete organiza
organization. tion of the association, making a part thereof a copy of all papers filed in his office, in and about the organization, and duly authenticated, under his hand and the seal of the State, for which he shall receive the sum of five dollars, and thereupon a certified copy of said certificate shall be filed in the office of the county clerk sin the county) in which the principal office of the association is located. Upon the filing of said certified copy the association shall be deemed to be fully organized and may proceed to business. SEC. 874. Associations formed under this act shall be bodies cor
Powers. porate and politic for the period for which they are organized, not exceeding forty years; may sue and be sued; may have a common seal, which they may alter or renew at pleasure; may own, possess and enjoy so much real and personal property as shall be necessary for the transaction of their business, and may sell and dispose of the same. They may borrow money and may pledge their property, both real and personal, to secure the payment thereof, and they shall have and exercise all powers necessary and requisite to carry into effect the objects for which they may be formed, and such as are usually exercised by cooperative associations, subject to all duties, restrictions and liabilities set forth in the General Laws in relation to similar corporations, except so far as the same may be limited or enlarged by this act.
SEC. 875. The officers of the association shall consist of a board Officers. of directors, who shall exercise the corporate powers invested in such association, the number of which, not less than three, shall be fixed by the by-laws of the association; a president, vice presi. dent, secretary and treasurer, to be elected by the stockholders as provided by the by-laws. All by-laws shall be adopted by the stockholders of the association.
SEC. 876. The share of stock shall not be less than ten dollars Shares. nor more than five hundred dollars per share, and may be made payable in installments. Forfeiture of the stock for the nonpayment of installments may be provided for in the by-laws, but whenever a share of stock is forfeited such share shall become the property of the association, and may be reissued to any person not already holding a share; but any proceeds received from such reissue, over and above the amount due on said share, by the association, shall be paid to the delinquent shareholder.
SEC. 877. No assignment of stock shall be made to any person Assignments who already owns a share, and in no'event except by the consent of stock.
of a majority of the stockholders, but stock may be assigned to the association at any time with the consent of the directors. On no question shall a stockholder have more than one vote. Every assignment of stock on which there remains any portion unpaid shall be recorded in the books of the association, and each stockholder shall be jointly and severally liable with the association for the debts of the association to the extent of the amount which shall be unpaid upon the share held by him. No assignor shall be released from any such indebtedness by reason of any assignment of his share, but shall remain jointly liable therefor with the
assignee. Shares ex- SEC. 878. The share of each member shall be exempt from seizure empt from exe-on attachment, or sale under execution, and upon his death shall
be sold by the association, and the proceeds, after deducting all
liabilities to the association, shall be delivered to his heirs. Increase of SEC. 879. An association licensed to operate under this act, may, membership. by a majority of its stockholders, increase its membership in such
manner as may be provided in its by-laws, not inconsistent with
any of the provisions of this act. Legislative Sec. 880. The legislative assembly hereby reserves the power to control.
prescribe such regulations and provisions governing any and all associations incorporated under this act as it may deem advisable; and such regulations and provisions shall be binding on associations incorporated at the time such regulations may be made as well as on those thereafter incorporated.
Liability of railroad companies for injuries to employees.
Negligence, SECTION 905. In every case the liability of a corporation to a servetc., of supe- ant or employee acting under the orders of his superior, shall be the riors.
same in cases of injury sustained by default or wrongful act of his superior, or to an employee not appointed or controlled by him, as if such servant or employee were a passenger.
A locomotive fireman injured by the negligence of the conductor on another train has a right of action under this statute, such conductor be. ing his superior and the company's representative. Nor is the engineer in charge of the locomotive on which the fireman was at tbe time of his injury the fellow-servant of such fireman. 42 Fed. Rep. 383.
Both the conductor and engineer of a railroad train are the superiors of a brakeman on the same train, so that the company is liable under this section for injuries to the brakeman caused by their negligence. 42 Pac. Rep. 767.
Contracts of employees waiving right to damages.
Contracts in- SECTION 2242. Any contract or agreement entered into by any valid.
person, company or corporation, with its servants or en loyees, whereby such personi, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the seryice of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, shall be absolutely null and void.
Employment of labor-General provisions.
('ontract de. SECTION 2650. The contract of employment is a contract by fined.
which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the em
ployer or of a third person. Employees to SEC. 2000. An employer must indemnify his employee, except as he indemnified, prescribed in the next section, for all that he necessarily expends or when.
loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such direc
tions, believed them to lie unlawful. ordinary SEC. 2661. An employer is not bound to indemnify his employee risks.
for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed.