Sec. 10. The examining board shall keep a record of all its pro- Records. ceedings; shall also show what action was had on all applications, whether the applicant was registered or rejected by examination or otherwise, and such books shall be prima facie evidence of all matters required to be kept therein. The examining board shall Rules, etc. have power to adopt rules and regulations prescribing the sanitary requirements of barber shops; subject to the approval of the State health officer, and shall have said rules and regulations printed and transmit a copy to each proprietor of a barber shop in the State. The failure of the proprietor of any barber shop in the State to comply with said sanitary rules and regulations shall be sufficient cause for the revocation of his certificate of registration; subject to the provisions of section 12 of this act.

Sec. 11. Said board shall keep a register in which shall be en- Register. tered the names of all persons to whom certificates are issued under this act, and said register shall at all times be open to public inspection.

Sec. 12. If any shop be found in an unsanitary condition, or if Unsa nitary the holder of any certificate be charged with imparting any in-shops. fectious disease, the board of examiners shall immediately notify the local health officer thereof, and such shop may be quarantined and the barber so charged shall not practice his occupation until such quarantine shall be removed by the health officer.

SEC. 13. To shave or trim the beard or cut the hair of any Definition. person for hire or pay to the person performing such service or any other person, shall be construed as practicing the occupation of barber within the meaning of this act.

Sec. 14. Any person practicing the occupation of barber in this Violations. State, without having obtained a certificate of registration, as provided for in this act, or employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violation of any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than ten ($10) dollars nor more than twenty-five ($25) dollars.

CHAPTER 178.--Mine regulations.


SECTION 1. (a) Any shaft in process of sinking and any open- Application of ing projected for the purpose of mining coal of all kinds shall be law. subjected to the provisions of this act.

(b) At the bottom of every shaft and every caging place therein Travellng a safe commodious passageway must be cut around said landing way. place, to serve as a traveling way by which employees shall pass from one side of the shaft to the other without passing under or on the cage.

(c) The upper and lower landings at the top of each shaft, and the openings of each intermediate seam from or to the shaft shall be clear and free from Joose materials and shall be securely fenced with automatic or other gates or bars so as to prevent either men or materials from falling into the shaft.

(d) Every hoisting shaft must be equipped with substantial Cages. cages fitted to guide rails running from the top to the bottom. Said cages must be safely constructed, they must be furnished with suitable boiler iron covers to protect persons riding thereon from falling objects, and they must be equipped with safety catches. Every cage on which people are carried must be fitted with iron bars, rings, or chains in proper place and in sufficient number to furnish a secure band hold for every person permitted to ride thereon. At the top landing, cage supports, where necessary, must be carefully set and adjusted so as to work properly and securely hold the cages when at rest.

In all cases where the human voice can not be distinctly heard Speaking there shall be provided a metal tube or telephone from the top to tubes, etc. the bottom of the shaft or slope through which conversation may be held between persons at the bottom and top of such shaft or slope, and that there shall also be maintained an efficient system

of signaling to and from the top of the shaft or slope and each

seam or opening. Mavholes. Every underground place on which persons travel, worked by

self-acting engines, windlasses or machinery of any description shall be provided with practical means of signaling between the stopping places and the ends of the plane, and shall further be provided, at intervals of not more than sixty feet, with sufficient

manholes for places of refuge. Timbers. Every mine shall be supplied with props and timbers of suit

able length and size, and if from any cause the timbers are not supplied when required, the miners shall vacate any and all such

working places until supplied with timber needed. Abandoned All openings worked out or abandoned portions of every operworkings. ated mine likely to accumulate explosive gases or dangerous con

ditions shall be securely gobbed and blocked off from the operated portions thereof so as to protect every person working in such mines from all danger that may be caused or produced by such

worked out portions of such mines. Ventilation. SEC. 2. (a) Throughout every mine there shall be maintained

currents of fresh air sufficient for the health and safety of all men and animals employed therein, and such ventilation shall be produced by a fan or some other artificial means: Provided, A furnace shall not be used for ventilating any mine in which explosive gases are generated.

(b) The quantity of air required to be kept in circulation and passing a given point shall be not less than one hundred cubic feet per minute for each person and not less than three hundred cubic feet per minute for each animal in the mine, measured at the foot of the downcast, and this quantity may be increased at the discre tion of the inspector whenever in his judgment unusual conditions make a stronger current necessary. Said current shall be forced into every working place throughout the mine so that all parts of the same shall be reasonably free from standing powder smoke and deleterious air of any kind.

(c) The measurement of the current of air shall be taken with an anemometer at the foot of the downcast, at the foot of the upcast and at the working face of each division or split of the air current.

(d) The main current of air shall be split or subdivided [50] as to provide a separate current of reasonably pure air to every one hundred men at work, and the inspector shall have authority to order separate currents for smaller groups of men if in his judgment special conditions make it necessary.

(e) The air current for ventilating the stable shall not pass into the intake air current for ventilating the working parts of the mine.

(f) Whenever the inspector shall find men working without sufficient air he shall at once give the mine manager or operator notice and a reasonable time in which to restore the current, and upon his or their refusal or neglect to act promptly the inspector

may order the endangered men out of the mine. Notice of fire

SEC. 3. Immediate notice must be conveyed by the miner or mine damp.

owner to the inspector upon the appearance of any large body of fire damp in any mine, whether accompanied by any explosion or not, and upon the concurrence [occurrence) of any serious fire

within the mine or on the surface. Use of cages.

SEC. 4. Cages on which men are riding shall not be lifted or lowered at a rate greater than six hundred feet per minute, except with the written consent of the inspector. No person shall carry any tools or material with him on a cage in motion, except for use in making repairs, and no one shall ride on a cage while the other cage contains a loaded car. No cage having an unstable or selfdumping platform shall be used for the carriage of men or materials unless the same is provided with some convenient device by which said platform can be securely locked, and unless it is so locked whenever men or material are being conveyed thereon.

Sec, 5. No miner or other person shall carry powder into the Powder. mine except in the original keg or in a regulation powder can securely fastened, and the can in otherwise air-tight condition.

SEC. 6. It shall be the duty of the mine foreman to see that Cut throughs. proper cut throughs are made in all the pillars at such distances as in the judgment of the mine inspector may be deemed requisite, not more than twenty yards nor less than ten yards apart, for the purpose of ventilation and the ventilation shall be conducted through said cut throughs into the rooms and entries by means of check doors made of canvas or other material, placed on the entries or in other suitable places, and he shall not permit any room to be opened in advance of the ventilating current. Should the mine inspector discover any room, entry, air way or other working place being driven in advance of the air current contrary to the requirements of this section he shall order the workmen in such places to cease work at once until the law is complied with.

SEC. 7. At any mine where the inspector shall find fire damp is Safety lamps. being generated so as to require the use of a safety lamp in any part thereof, the operator of such mine upon receiving notice from the inspector that one or more such lamps are necessary for the safety of the men in the mines, shall at once procure and keep for use such number of safety lamps as may be necessary.

SEC. 8. It shall be unlawful for any miner, workman or other Injuring, etc., person knowingly or carelessly to injure any shaft, safety lamp, appliances. instrument, air course or brattice, or to obstruct or throw open an air way, or to carry any open lamp or lighted pipe or fire in any form into a place worked by the light of safety lamps or within three feet of any open powder, or to handle or disturb any part of the hoisting machinery, or to enter any part of the mine against caution, or to do any willful act whereby the lives or health of persons working in mines or the security of the mine machinery thereof is endangered.

SEC. 9. It shall be the duty of every operator to post on the Rules to be engine house and at the pit top of his mine, in such manner that posted. the employees of the mine can read them, rules not inconsistent with this act, plainly printed in the English language, which shall govern all persons working in the mine. And the posting of such notice, as provided, shall charge all employees of such mine with legal notice of the contents thereof.

SEC. 10. The owner or operator of every mine shall provide Scales. adequate and accurate scales for weighing coal, and it shall be the duty of the mine inspector to examine such scales and if same are not found to be accurate he shall notify the owner to repair same, and if such owner fails or refuses to repair same within a reasonable time said inspector shall institute proceedings under the law against the proper parties.

SEC. 11. The employees in any mine in this State shall have the Check weighright to employ a check weighman at their own option and their own expense.

SEC. 12. No miner or other person employed in a mine shall use Oil, any kind of oil other than a good quality of lard oil for lighting purposes, except when repairing downcast or upcast shafts.

SEC. 13. Any person who shall willfully violate any of the pro- Violations. visions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail for a period not exceeding six months.

SEC. 14. For the purpose of securing efficiency in the mine in- Mining board. spection service a board of examiners to be known as the State mining board, whose duty it shall be to make formal inquiry into and pass upon the practical and technical qualifications and personal fitness of persons seeking appointments as State inspector of mines, shall be appointed by the governor. SEC. 15. Said board shall be composed of seven members, three

How ma de of whom shall be practical miners, three shall be mine operators, up. and it shall be the first duty of the six members thus appointed


to nominate to the governor the seventh member of said board: Prorided, That if the six members aforesaid shall fail for a period of ten days after their appointment to so nominate the serenth member, the same shall be appointed by the governor. Such board shall be appointed by the governor within ninety days after the passage of this act. Said board shall hold office for a period of two years and until their successors have been appointed

and qualified. Duty.

SEC. 16. The board shall meet in the capitol building at Austin, within thirty days after its appointment and biennially there. after, for the purpose of hearing applications for the office of State mining inspector. It shall be the duty of the board to thoroughly examine all applicants who may come before it, and to select from among such applicants the person who in its opinion is best qualified to perform the duties of State mining inspector, and upon the nomination of said board the governor shall appoint

the person so recommended. Inspector. SEC. 17. The State mine inspector shall be a citizen of the

United States, and shall have resided in the State of Texas for one year, of temperate habits, of good repute, a man of personal integrity, shall have attained the age of thirty years, and shall have had at least five years experience working in and around coal mines, and shall not have any pecuniary interest whaterer in any mine in this State. He shall hold office for a period of

two years unless sooner removed as provided herein. Supervision SEC. 18. It shall be the duty of the State mining board to exer. by board.

cise supervision over the acts of the State mine inspector, and in the event of his incompetency or the neglect of his duty being proved to the board, said board shall recommend to the governor that he be removed from office and his successor shall be chosen

as herein provided. Meetings. Sec. 19. The State mining board shall meet twice each year and

at such time and place as the majority may select for the purpose of receiving reports from the inspector and instructing him in the

performance of his duty. Compensa

SEC. 20. The members of the State mining board shall receive tion.

as compensation for their services the sum of five dollars per day for a period not exceeding thirty days in any one year and travel

ing expenses in going to and returning from board meetings Duty of in- SEC. 21. It shall be the duty of the State mine inspector to enspector.

force the provisions of this act under the instruction of the State

mining board, and to make report to said board at its semiannual Salary.

meetings and oftener if required. He shall receive for his services the sum of fifteen hundred dollars per year, and actual tra reling expenses incurred in the discharge of his duty: Provided, That his traveling expenses shall not in any one year exceed the sum of $500.



ARTICLE 12.-Interference with employment. Hindering em- SECTION 19. Every person in this State shall be free to obtain ployment.

employment wherever possible, and any person, corporation, or agent, servant or employee thereof, maliciously interfering or hindering in any way, any person from obtaining, or enjoying emplos. ment already obtained, from any other corporation or person, shall be deemed guilty of a crime. The legislature shall provide by law for the enforcement of this section,

ARTICLE 16.-Employment of labor. Rights of la- SECTION 1. The rights of labor shall have just protection bected. be pro-through laws calculated to promote the industrial welfare of the

State. Board of la- Sec. 2. The legislature shall provide by law, for a board of bor, etc.

labor, conciliation and arbitration, which shall fairly represent


the interests of both capital and labor. The board shall perform
duties, and receive compensation as prescribed by law.
Sec. 3. The legislature shall prohibit :

Certain (1) The employment of women, or of children under the age of ployments, etc., fourteen years, in underground mines.

prohibited. (2) The contracting of convict labor.

(3) The labor of convicts outside prison grounds, except on public works under the direct control of the State.

(4) The political and commercial control of employees. SEC. 4. The exchange of black lists by railroad companies, or Exchange of

black lists. other corporations, associations or persons is prohibited.

Sec. 5. The right of action to recover damages for injuries re- Injuries caussulting in death, shall never be abrogated, and the amount recov. ing death. erable shall not be subject to any statutory limitation. SEC. 6. Eight hours shall constitute a day's work on all works Hours of la

bor. or undertakings carried on or aided by the State, county or municipal governments; and the legislature shall pass laws to pro- Inspection of vide for the health and safety of employees in factories, smelters factories, etc. and mines.

SEC. 7. The legislature, by appropriate legislation, shall provide Enforcement. for the enforcement of the provisions of this article.


Wages preferred-In assignments.

SECTION 85. In all assignments for the benefit of creditors, debts Wages to be due for wages or personal services of servants or employees of paid first. the assignor for services or labor rendered or performed within one year previous to the assignment are preferred claims, and must be paid before any other creditor of the assignor, and shall be paid in full in all cases where there is sufficient property therefor: otherwise they alone shall be paid pro rata.

Eramination and licensing of barbers. SECTION 138x. It shall be unlawful for any person to follow the Certificates occupation of a barber or a barber's apprentice, or to conduct a required. barber shop, barber school or barber college in this State, unless he shall have first obtained a certificate of registration as provided in this title. A person so engaged less than six months shall be considered an apprentice, and at the expiration of six months of such employment shall be subject to the provisions of this title as hereinafter provided. No person practicing the occupation of a Infectious barber in any barber school or college in this State shall serve a diseases. person atllicted with erysipelas, eczema, impetigo, sycosis, tubercuJosis, or any other contagious or infectious disease. Any person so afflicted is hereby prohibited from being barbered in any barber shop, barber school or college in this State. Any violation of this section will be considered a misdemeanor as provided for in this title.

SEC. 138x1. A board of examiners, to consist of three persons, Board of exis hereby created to carry out the purposes and enforce the provi- aminers. sions of this title. The governor shall appoint, on or before the 1st day of May, 1903, one barber to serve one year, one qualified physician to serve two years, and one barber to serve three years, who, with their respective successors, to be appointed annually thereafter, and to serve for the term of three years, shall constitute a board of examiners of barbers, two of whom shall be practical barbers who have been actually engaged in the business of barbering for at least five years.

Sec. 138x2. Each member of said board shall give a bond in Bonds. the sum of $500, with sureties, to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies in said board shall be filled by the governor for the unexpired portion of the term.

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