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a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding thirty days, or both.

SEC. 634. Every owner, renter, or user of a steam boiler who Using unsafe uses a boiler or steam engine which has become unsafe from any

boiler. cause, or has been notified by the boiler inspector or his assistant, that such boiler or steam engine is unsafe from any defect, or that repairs are necessary, and after such notice uses the same, is punishable by imprisonment in the county jail not exceeding three months, or by fine not exceeding two hundred and fifty dollars, or both. SEC. 635. If the State boiler inspector, or assistant inspector,

False certifi

cations willfully and falsely certifies regarding any steam boiler, steam engine, oi its attachments, or grants a license to any person to act as engineer, contrary to law, he is punishable by imprisonment not exceeding one year in the county jail, or by a fine not exceeding five hundred dollars, or both.

Trade-marks of trade unions, etc. SECTION 641. Whenever any person, association or union of Counterfeiting

labels, etc. workingmen have adopted or shall hereafter adopt, for their protection, any label, trade-mark or form of advertisement, announcing that goods to which such label, trade-mark or form of advertisement, shall be attached were manufactured by such person or by a member or members of such association or union, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark or form of advertisement. Every person violating this section shall, upon conviction, be guilty of a misdemeanor. SEC. 642. Every person who shall use any counterfeit or imi

Using coun.

terfeit labels. tate any label, trade-mark or form of advertisement of any such person, union or association, knowing the same to be counterfeit or imitation, shall be guilty of a misdemeanor. SEC. 643. Every such person, association or union that hereto

Copies of la. fore adopted, or shall hereafter adopt, a label, trade-mark or form bels to be filed. of advertisement as aforesaid, may file the same for record in the office of the secretary of state, by leaving two copies, counterparts or facsimiles thereof, with the secretary of state; said secretary shall deliver to such person, association or union filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of one dollar. Such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade-mark or form of advertisement, and of the right of said person, association or union to adopt the

No label shall be recorded, that, probably, would be mistaken for a label already of record. SEC. 644. Every such person, association or union adopting a

Action to en label, trade-mark or form of advertisement, as aforesaid, may pro- of counterfeits.

join use, etc., ceed by suit to enjoin the manufacture, use, display or sale of any such counterfeit or imitation, and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant in such suit such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed just and reasonable, and shall require the defendants to pay such person, association or union the profits derived from such wrongful manufacture, use, display or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to any officer of the court or to complainant to be destroyed.

Sec. 645. Every person who shall use or display the genuine Wrongful use, label, trade-mark or form of advertisement of any such person, association or union, in any manner not authorized by such per: son, union or association, shall be deemed guilty of a misdemeanor. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by any

H. Doc. 733, 58-2- -45

same.

officer or member of such association or union, on behalf of and for

the use of such association or union. Use of name, SEC. 646. Any person or persons who shall in any way use the etc.

name or seal of any person, association or union, or officer thereof, in and about the name of goods, or otherwise, not being authorized to use the same, shall be guilty of a misdemeanor.

Blacklisting, etc. Penalty. SECTION 656. Every person who violates any of the provisions

of * * * [sections 3390, 3391, and 3392] of the Political Code relating to the protection of discharged employees, and the prevention of blacklisting is guilty of a misdemeanor.

Inspection of steam boilers, etc.

Penalty.

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SECTION 657. Every person who violates any of the provisions of

[sections 550 to 569, inclusive) of the Political Code, relating to boiler inspection, except as otherwise provided, is guilty of a misdemeanor.

Negligence and intorication of engincers, etc. Negligence SECTION 670. Every person having charge of a steam boiler or causing death. steam engine, or other apparatus for generating or employing

steam, used in any manufactory, or on a railroad, or in any vessel, or in any kind of mining, milling or mechanical works, who willfully, or from ignorance or neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident, whereby the death of a human being is produced, is punishable by imprisonment

in the State prison, for not less than one nor more than ten years. Same subject. Sec. 671. Every conductor, engineer, brakeman, switchman or

other person having charge, wholly or in part, of any railroad car, locomotive or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive or train, or with any other object or thing, whereby the death of a human be. ing is produced, is punishable by imprisonment in the State prison

for not less than one nor more than ten years. Intoxication. Sec. 690. Every person who is intoxicated while in charge of a

locomotive engine, or while as conductor or driver upon any railroad car or train, whether propelled by steam or otherwise, or while acting as train dispatcher, or as telegraph operator receiving or transmitting dispatches, in relation to the movement of trains,

is guilty of a misdemeanor. Endangering Sec. 692. Every engineer, conductor, brakeman, switch tender Jife.

or other officer, agent, or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor.

Mine regulations-Safety appliances.

Safety cages,

SECTION 705 (as amended by chapter 60, Acts of 1903). It is unetc.

lawful for any corporation or person to sink or work, through any vertical shaft where mining cages are used, to a greater depth than three hundred feet, unless said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees thereof, said cage to be also provided with sheet iron or steel casing not less than one-eight[h] inch in diameter ; doors to be made of the same material shall be hung on hinges, or may be made to slide and shall not be less than five feet high from the bottom of the cage, and said doors must be closed when lowering or hoisting the men : Provided, That when such cage is used for sinking only, it need not be equipped with such doors as are hereinbefore provided for. The safety apparatus, whether consisting of eccentrics, springs or other device, must be securely fastened to the cage, and must be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet of the aforesaid cage must be made of boiler sheet iron, of good quality, of at least three-sixteenths of an inch in thickness, and must cover the top of such cage in such manner as to afford the greatest protection to life and limb from anything falling down said shaft. It shall be the duty of the mining inspector and his assistant to see that all cages are kept in compliance with this section and to also see that the safety dogs are kept in good order.

Every person or corporation failing to comply with any of the Penalty. provisions of this section is punishable by a fine of not less than three hundred dollars, nor more than one thousand dollars.

Coal mine regulationsViolations.

Penalty.

SECTION 718. Every person who violates any of the provisions of

(sections 3350 to 3365, inclusive] of the Political Code, relating to the regulation of coal mines, is guilty of a misdemeanor. Sec. 722. Every person who violates any of the provisions of

[sections 580 to 590, inclusive] of the Political Code, relating to the inspection of mines,

is guilty of a misde

Penalty.

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Contracts of employees waiving right to damages.

SECTION 923. Every person, company or corporation, which re- Contracts requires of its servants or employees, as a condition of their employ- leasing from

liability. ment or otherwise, any contract or agreement whereby such person, company or corporation is released or discharged from liability or responsibility on account of personal injuries received by such servants or employees, while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, is punishable by imprisonment in the State prison not exceeding

Penalty. five years, or by a fine not exceeding five thousand dollars, or both.

ACTS OF 1897.

Union label to be used on State printing.

(Page 58.)

SECTION 1. All printing for which the State of Montana is State printing chargeable, including reports of State officers, State boards, pamph- to bear union lets, blanks, letter heads, envelopes, and printed matter of every kind and description, save and except certificates of appointment and election to office, shall have the label of the branch of the International Typographical Union of the city in which they are printed.

SEC. 2. Any officer of the State who shall accept any printed Penalty. matter, save and except certificates named in section 1, for which the State is chargeable, which does not bear a label indicating that it was printed in an office under the jurisdiction of the International Typographical Union, shall be subject to a fine of fifty dollars for each and every offense.

Mine regulations-Escape shafts.

(Page 66.)

SECTION 1. It is the duty of any person, company or corpora- Escape shafts tion, who shall have sunk on any mine a vertical or incline to a required, when. greater depth than one hundred feet, and who shall have the top of such shaft or hoisting opening covered or enclosed by a shaft or

Proviso.

building which is not fireproof, and who shall have drifted on or along the vein or veins thereof, a distance of two hundred feet or more, after cross cutting to the same, and shall have commenced to stope, to provide and maintain to the hoisting shaft or the opening through which men are let into or out of the mine and the ore is extracted, a separate escapement shaft, raise, or opening, or an underground opening or communication between every such mine and some other contigious mine: Provided. That in case such contiguous mine belongs to a different person, company, or corporation, the right to use the outlet through such contiguous mine, in all cases when necessary, or in cases of accident must be secured and kept in force. Where such an escapement shaft or opening shall not be in existence at the time that stoping is commenced, work upon such an escapement shaft or opening must be commenced as soon as stoping begins and be diligently prosecuted until the same is completed, and said escapement shaft, raise or opening shall be continued to and connected with the lowest workings in the mine. The exit, escapement shaft, raise, or opening provided for in the foregoing paragraphs must be of sufficient size as to afford an easy passageway, and if it be a raise, or shaft, must be provided with good and substantial ladders from the deepest workings to the surface. Whenever the exit or outlet herein prorided for is not in a direct or continous course, sign boards plainly marked showing the direction to be taken must be

placed at each departure from the continuous course. Application of SEC. 2. This act shall apply only to quartz mines in which nine law.

or more men are employed underground, and shall not apply to mines not actually extracting ores, by stoping, nor to mines in which the shaft or hoisting opening, or hauling way is not covered by a shaft house, and has no building structure within thirty (30) feet of the shaft or opening, nor to mines in which the hoisting shaft or opening shall be covered by or enclosed in a fireproof

shaft or building. Penalty. SEC. 3. The penalty for violating any of the provisions of the

preceding sections is the same as provided in section 705 of the Penal Code.

ACTS OF 1901.

Hours of labor in mines, smelters, etc.

(l'age 62.)

etc.

Eight hours

SECTION 1. The period of employment of workingmen in all a day's labor in mines;

underground mines or workingsshall be eight (8) hours per day, except in cases of emergency where life or property is in

imminent danger. In smelters, SEC. 2. The period of employment of workingmen in smelters,

stamp mills, sampling works, concentrators, and all other institutions for the reduction of ores, and refining of ores or metals, shall be eight (8) hours per day, except in cases of emergency where

life or property is in imminent danger. Penalty. SEC. 3. Any person or persons, body corporate, agent, manager

or employer who shall violate any of the provisions of sections one (1) or two (2) of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each offense, be subject to a fine of not less than one hundred dollars, or more than five hundred dollars, or by imprisonment in the county jail for a period of not less than one (1) month, or more than six (6) months or by both such fine and imprisonment.

Inspector of coal mincs.

(Page 63.)

Appointment SECTION 1. The governor, by and with the advice and consent of inspector, of the senate, shall appoint one coal mine inspector who shall hold office for the term of four years from the date of his appointment unless otherwise removed by the governor.

SEC. 2. No person shall be eligible to the office of coal mine Qualificainspector until he shall have attained the age of 30 years, and tions. been actually employed at coal mining, ten years prior to his appointment, and shall possess a competent knowledge of all the different systems of coal mining and working and properly ventilating coal mines, and the nature and constituent parts of noxious gases of coal mines, and of the various ways of expelling the same from said mines. Said inspector shall be a graduate of some recognized school of mines and mining engineering, and hold a diploma from same, which shall be deposited with the governor before appointed; and further it shall be the duty of the said inspector, when not engaged in examining coal mines. to inspect quartz mines if called upon by the governor to do so.

Sec. 3. Said coal mine inspector shall before entering upon and Oath. discharging the duties of his office, shall [sic] take an oath to faithfully discharge the same in an impartial manner; and for the faithful performance thereof he shall receive a salary of two thousand dollars per annum, and all other and necessary traveling expenses.

SEC. 4. It shall be the duty of the said coal-mine inspector to Duties. carefully examine all coal mines that may be in operation in this State at least once every two months and oftener if necessary, to see that every precaution is taken to insure safety to all workmen that may be engaged in said coal mine, and to see that provisions of sections 3350, 3351, 3352, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, and 3365, chapter 20, article 1, part 3, title 7, of the Political Code of Montana pertaining to the regulation of coal mines are strictly observed ; and all other legislation that may be enacted governing coal mines, and it shall further be the duty of the said coal mine inspector after being notified by a justice of the peace, or coroner, in the district wherein accidents may occur to immediately investigate the same. Sec. 5. The said coal mine inspector while in office shall not act

Interest in

mining operaas agent for any corporation, superintendent or manager of any tions. mine, and shall in no manner whatever be under the employ of mining companies, and it shall be the duty of said coal mine inspector on or before the first day of January in every year to make a report to the governor, of his proceedings as such coal Report. mine inspector, and the conditions of each and every coal mine in the State, stating therein all accidents that may have happened in or about said mine, and to set forth in said report all such information that may be proper and beneficial and also to make such suggestion as he may deem important as to any further legislation on the subject of coal mining.

Sec. 6. It is the duty of the inspector of coal mines to visit, Access enter and examine any coal mine in the State for the purpose of mines. ascertaining the conditions of the same in regard to its safety, ventilation and means of egress, and for this purpose he must have access at any and all times to any mine in the State for the purpose of inspection, but the working of such mine must not be obstructed or impeded during such examination; the inspection must not be at the expense of the owner, lessor, lessee, or agent of the mine being examined, but they must render such assistance as may be necessary to enable the inspector to make the examinaton.

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Weighing coal at mines.

(Page 65.)

SECTION 1. The weighman employed at any mine shall subscribe Weighman. to an oath or affirmation before a justice of the peace, or other officer authorized to administer oaths, to do justice betweeen employer and employee, and to truly and correctly weigh the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mine owner, operator or lessee

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