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CODE OF 1907.
SECTION 999. There shall be appointed by the gorernor of Ala- Inspeotors. ba ma three inspectors of coal mines; one of them shall be designated as chief mining inspector, and the other two shall be designated as associate mining inspectors. Each shall hold his office for three years from the date of his employment and until his successor is appointed and qualified.
SEC. 1000. The salary of the chief inspector shall be one thousand Salaries. five hundred dollars per annum, and the salary of each of the associate inspectors shall be one thousand two hundred dollars per annum.
Sec. 1001. The chief mining inspector shall be a qualified elector Qualifica. and a practical miner of at least five years' experience, and his tions. two associates shall be qualified electors and practical miners of at least five years' experience. No one shall be appointed mine inspector who, or the wife of whom, owns and operates, in whole or in part, mining property.
Sec. 1002. The mine inspectors shall give their whole time and Duties. attention to the duties of their offices. It shall be the duty of mine inspectors to examine all the mines in this State at least every three months, to see that all the requirements of this chapter are strictly observed and carried out; inspectors shall particularly examine the works and machinery belonging to any mine, examine into the state of the mines as to ventilation, circulation, and condition of air, drainage and general security; they shall make a record of all examinations of mines, showing the date when made, the condition in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this chapter, number of accidents, injuries received, or deaths in and about the mines, the number of persons employed in or by each mine, together with all such other facts and information of public interest concerning the condition of mines, development, and progress of mining in this State, as they may think useful and proper, and so much thereof as may be of public interest, to be included in his report. SEC. 1003. The governor may discharge a mine inspector at any
Discharge. time, upon the filing of a written complaint substantiated by sufficient proof for unfairness, unfitness, incompetency, or malfea sance, and appoint his successor for the unexpired term.
SEC. 1004. The inspectors of mines shall, prior to the assembling Reports. of the legislature, make a written report to the governor, stating the condition of the mining interests in this state, with such suggestions and information as may be of interest to the mining industry, and the report may be printed on the order of the governor.
Examination SEC. 1006. The chief inspector of mines, who shall be chairman of mine bosses. of the board, together with two practical miners, and two operBoard. ators of mines (a majority of whom may act), shall constitute
a board of examiners, to examine and give certificates of fitness Fee.
to persons as mine bosses, in any coal mine in this State. A fee of five dollars shall be paid to the chief inspector of mines by each person examined, to be used as an examiners' fund, before the examination is begun. Out of the examiners' fund there shall be paid to each member of the board, except the chief inspector of mines, who shall serve without extra pay, four dollars per day. Said board shall meet every six months at the office of the chief inspector, and remain in session not longer than three days. The members of such board, except the chief inspector of mines, shall be appointed by the governor and shall hold office for two years
and until their successors are appointed and qualified. Qualifications SEC. 1007. Applicants for first and second class mine foreman's of applicants
certificates shall be at least twenty-three years of age, and shall for certificates.
have at least five years' practical experience after having attained to the age of fifteen years, as miners, superintendents at or inside
of any coal mine, and shall be citizens of this State and men of Grades. good moral character, and men of known temperate habits. The
said board shall be entitled to grant certificates of competency of two grades, namely: Certificates of the first class to persons who have had experience in mines generating gases, and who shall have the necessary qualifications to fulfill the duties of mine foreman in such mines; and certificates of the second class to persons who give satisfactory evidence of their ability to act as mine foreman
in mines not generating explosive gases. Scales.
Sec. 1008. The owner or operator of each coal mine at which the miners are paid by weight shall provide such mines with suitable scales, of standard make, for the weighing of all coal, when con
tracted for to be weighed. Full weight SEC. 1009. All coal mined in this State contracted for payment to be credited.
by the ton or other weight, shall be weighed, and the full weight Ton.
therof shall be credited to the miner of such coal, and two thou
sand pounds of coal shall constitute a ton. Check weigh- SEC. 1010. In all mines the miners employed and working
therein may furnish a check weighman, who shall at proper times have full access and examination of such scales and seeing all measures and weights, and accounts kept of the same: Provided, That not more than one person shall have such right of access, examination, and inspection of scales, measures, and accounts at
the same time. Standard
Sec. 1011. The chief mine inspector shall procure from the State, weights, ing. etc.
at the State's expense, a full and complete set of standards, balances, and other means of adjustment such as are necessary in the comparison and adjustment of scales, beams, and other necessary apparatus to be used for a just weighing of coal and other materials at the mines according to the State standard of weights; and it shall be the duty of said inspector to examine, test, and adjust, as often as occasion demands, all scales and other apparatus
used in weighing at mines. Who may in- SEC. 1012. The mine inspector, miners employed in the mines, spect.
and the owner of the land or persons interested in the rental and royalty of such mines, shall at all proper timies have full right of access to scales used at said mines, including bank book in which the weight of coal is kept, to examine the amount of coal mined, for the purpose of testing the accuracy thereof.
SEC. 1013. No person shall act as foreman in any coal mine in mines generating gases.
this State generating explosive gases unless he is in possession of a first-class certificate of competency. The fee for examination and issuing a first-class certificate shall be five dollars, and for a
second-class certificate, three dollars. Foremen SEC. 1014. The chief mine inspector shall, upon application small mines.
by the owner or operator of mines in which not more than twenty men are employed, grant permission for such owner, operator, or some suitable person recommended by the operator, to act as fore
man in such mines, and no examination shall be required of said foreman ; but this act shall not apply to the counties of Bibl), Etowah, St. Clair, Jefferson, Walker, Marion, Tusca loosa, Shelby, Cullman, and Madison.
SEC. 1015. On or before the twenty-fifth day of January in each Annual report year the operator or superintendent of every coal mine shall send by operators. to the chief inspector of mines a correct report, if required, specifying with respect to the year ending the thirty-first day of December, preceding, the name of the operator and location of office of the mine, and the quantity of coal mined. The report shall be in such form and give such information regarding such mine as may be from time to time required and prescribed by the chief inspector of mines. Blank forms for such report shall be furnished by the chief inspector of mines.
SEC. 1016. The operator or superintendent of every coal mine, Ventilation. whether shaft, slope, or drift, shall provide and hereafter maintain, ample means of ventilation for the circulation of air through the main entries and all other working places to an extent that will dilute, carry off, and render harmless the noxious gases generated in the mines. It shall be the special duty of the inspector and his assistants to carry out the provisions of this section; and it shall also be the duty of each and every mine operator and mine boss to assist the inspector and his assistants in carrying into effect said provisions.
The employee bas a right to presume that the employer has complied with his prescribed duty. 144 Ala. 178, 40 So. Rep. 273.
Sec. 1017. If at any time the inspector or his assistants are poti. Complaints. fied that the ventilation in any coal mine within this State is insufficient, the said chief inspector, or one of his assistants, shall proceed within five days to investigate said complaint or complaints by personal inspection of any mine or mines in which the quality or quantity of air is complained of, and if on investigation he finds that the air in any mine is insufficient, he shall direct the operator or operators of this mine to adopt such measures for the proper ventilation of such mine as he deems necessary. In the erent that the inspector or one of his assistants fails, without sufficient cause, or refuses to make the investigation herein prorided for, in addition to the penalty prescribed by law, he may be removed from office by the governor.
SEC. 1018. The chief mine inspector shall be furnished by the Testing alr. State all necessary instruments for measurement of air in mines, and whatever chemical instruments the said inspector may recommend from time to time.
Sec. 1019. It shall be the duty of the operator, agent, or superin- Stretchers, tendent of each mine to keep at-the mouth of the nine, or at any
blankets, etc. such other place about the mine as shall be designated by the chief mine inspector, a stretcher, properly constructed, and a woolei and waterproof blanket in good condition for use in carrying away any person who may be injured at the mines; and where more than two hundred men are employed, two stretchers, and two woolen and waterproof blankets shall be kept in mines gener. ating fire dam). A sufficient quantity of linseed or olive oil, bandages, and linen shall be kept in the store at the mines for use in emergencies, and bandages shall be kept at all mines.
Sec, 1020. It shall be the duty of the chief mine inspector to re- Breaks quire the proper breaks-through to be made in all room pillars, through. at such distances a part as, in the judgment of the mine inspectors may be deemed requisite; said breaks-through to be made and paid for according to the contract existing between the said owners and operators of the mine and the miners, at the time the said breaks-through are ordered to be made.
Sec. 1021. The owners, agents, and operators of any coal mine Timbers. shall keep a sufficient supply of props and other timber used in the mines, so that the workmen may at all times be able to prop their working places, and the owner, agent, or operator shall afford the miners working in their mines proper facilities for the delivery