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miner, mine employee, firm, corporation or their agents, who shall refuse to permit the mine inspector to examine his or their oil used for or sold for illuminating purposes in the coal mines, in this State, shall be guilty of a violation of this act, and may be taken before any justice of the peace and fined five dollars or imprisoned in the county jail for ten days for each offense.

ACTS OF 1904–EXTRA SESSION.

CHAPTER 3.--Sale of liquor to employecs.

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SECTION 20. Every

employer

who shall be Whom injured in person or property, or means of support, by any in- ployer may sie. toxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action, severally or jointly, against any person who shall, by unlawfully selling or giving of intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons; and persons owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or, who having leased the same for other purposes, shall knowingly permit therein the sale of any intoxicating liquors that have caused, in whole or in part, the intoxication of any person, shall be liable, severally and jointly, with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained, and for exemplary damages,

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ACTS OF 1905.

CHAPTER 76.-Fire escapes on factories.

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SECTION 1. Every building or structure in this State of three or What build

have more stories in height, used as a factory or workshop, and in Ings

fire escapes. which ten or more persons are employed above the first story, or any hotel three or more stories in height, or any other building of more than three stories in height occupied or used as a tenement house, shall be provided with one or more suitable and substantial metallic fire escapes or ladders, reaching from the top of the first story to the cornice, and placed on the outside of the building. At each story above the first there shall be one or more metallic balconies substantially attached to the building and to the fire escape. Such fire escapes and balconies shall be in number, size, capacity, design and location as shall be necessary to furnish reasonable means of escape to persons employed in the building iu case of fire.

SEC. 2. It shall be the duty of the owner of every such building Duty of own. to equip the same as hereinbefore provided, within six months er. after the passage of this act. And thereafter no building as is described in the first section shall be used as a factory or workshop in which ten or more persons are employed above the first story, or a hotel three or more stories in height, until the same is so equipped. The word owner as used in this section shall include the person in whom is vested the legal title to the building.

SEC. 3. It shall be the duty of the mayor, the sergeant or chief of police, and the fire marshal of every city, town or village, annually to inspect every such building therein as described in the first section. They shall make inspection of any such building at any other time that they deem proper, and shall promptly make inspection of any such building whenever complaint thereof may be made to them in writing by any person. They shall serve written notice upon the owner, or his agent, of every such building not so provided with adequate fire escapes to provide the same within thirty days thereafter. It shall be the duty of the owner of such building to comply with such notice and to provide such adequate fire escapes within thirty days thereafter.

SEC. 4. Any such owner violating any of the provisions of this Violations. act shall be subject to a fine of not less than one hundred dollars

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($100), nor more than two hundred dollars, ($200), which may be recovered before any justice or court having jurisdiction. Each week of failure to comply with the notice mentioned in section three shall be deemed a separate and distinct offense. And in addition, if any such owner shall fail for the space of sixty days after the receipt of such notice to provide adequate fire escapes, the building may be declared a nuisance in the manner prescribed in section twenty-eight of chapter forty-seven of the Code of West Virginia. If any officer shall fail to perform any duty required of him by this aet, or shall violate any of its provisions, he shall be fined not less than twenty-five dollars, ($25), nor more than fifty dollars, ($50), to be recovered before any justice or court having jurisdiction.

ACTS OF 1907.

CHAPTER 59.-Hours of labor of telegraph operators, etc., on

railroads.

Limit of eight SECTION 1. It shall be unlawful for any person, corporation or hours.

association, operating a railroad within this State to permit any person employed by them, or on their railroad, in the capacity of telephone or telegraph operator, whose duty it is to space or block trains or engines, or hairle train orders governing the movement of trains or engines, or handling interlocking switches governing the movement of trains or engines, to permit such telephone or

telegraph operator so employed to be on duty more than eight Provisos. hours in any twenty-four consecutive hours: Provided, That the

provisions of this act shall apply only to such parts of a railroad where three or more passenger trains pass each way in twentyfour consecutive hours, or where ten or more freight trains pass each way in twenty-four consecutive hours, or at any office where said telegraph or telephone operators are employed twenty or more hours in twenty-four consecutive hours: And provided further, That in case of necessity caused by the sickness of any such operators or by an accident on such railroad, such telephone and telegraph operators may be permitted to be on duty for a period of twelve consecutive hours in any twenty-four consecutive hours, but such extension of time shall extend only for a period long enough to enable such railroad company to supply the required number of operators at such office, and shall in no case extend over a period of more than two days, nor under this provision shall it be lawful for any telegraph or telephone operator to be on duty twelve consecutive hours in any twenty-four consecutive hours for more than three times in any calendar month; but nothing in this act shall prevent any such company and operator agreeing to a longer day than eight hours, but in no case shall any such operator be permitted to be on duty longer than twelve consecutire

hours in any twenty-four consecutive hours under such agreement. Violations. SEC. 2. Any person, corporation or association convieted of rio

lating the provisions of this act shall be guilty of a misdemeanor and pay a fine of one hundred dollars for the first offense, and for each offense committed after the first conviction hereunder, pay a fine of three hundred dollars.

CHAPTER 78.-Mine regulations. Department Section 1. There is hereby created an executire department to of mines. be known as the “Department of Mines" which shall have for its

purpose the supervision of the execution and enforcement of all State laws pertaining to the inspection of mines, heretofore and hereafter enacted for the safety of persons employed within or at the mines within this state, and the protection of mine property and other property used in and in connection therewith; and the said department of mines shall be in charge of an official to be known as the chief of the department of mines, who shall have full charge of said department, and who shall superintend and

direct the inspection of mines as herein provided and as provided by any other State law not in conflict with this act.

The chief of the department of mines shall keep a record of all Chief to keep inspections made by himself and the district mine inspectors, records. which shall be a permanent record properly indexed; the record of the department of mines shall at all times be open to inspection by any citizen of this State, and upon the request of the governor of the State the chief of the department of mines shall lay said records before said officer, also maps of mines furnished the chief of the department of mines by the district mine inspectors; any chief of the department of mines who shall violate any of the provisions of this act shall, upon conviction, be fined not less than twenty-five nor more than two hundred dollars, and may in the discretion of the court be imprisoned in the county jail not exceeding one year.

The chief of the department of mines shall be a male citizen of Qualifications West Virginia, and shall be a competent person, having had at of chief. least eight years' experience in the working, ventilation and drainage of coal mines in this State, and having a practical and scientific knowledge of all noxious and dangerous gases found in such mines, and to enable the said chief of the department of mines to perform his duties he shall have the same authority to visit, enter and examine, the mines as is conferred upon the district mine inspector, and he shall have the authority to call the assistance of any one of the district mine inspectors to any district in the $tate.

The present chief mine inspector of this State, who according to this act, is designated as chief of the department of mines, sball continue in office under the title of chief of the department of mines until July one, one thousand nine hundred and nine, the expiration of the term for which he was appointed as chief mine inspector, or until his successor shall be duly appointed and qualified, unless sooner removed as provided by law; and the governor of this State, shall with the consent of the senate, appoint a chief of the department of mines whose term of office shall begin July ope, one thousand nine hundred and nine, and shall be for four years, or until his successor shall be duly appointed and qualified ; and the governor, with the consent of the senate, shall each four years thereafter, appoint a chief of the department of mines for the term of four years or until his successor be appointed and qualified.

The salary of the chief of the department of mines shall be Salary. twenty-four hundred dollars, and traveling expenses, which shall be paid monthly out of the State treasury upon a requisition upon the State auditor, properly certified by the chief of the department of mines.

SEC. 2. Within thirty days after this act becomes a law the Inspectors. chief of the department of mines shall appoint such an additional number of district mine inspectors, which with those now in office, shall give one inspector for each mining district within the State, as hereinafter provided, whose term of office shall expire the first day of July, one thousand nine hundred and nine, or when their successors be appointed and qualified, unless sooner removed as provided by law, and he shall direct or prescribe in which of said districts each of said inspectors shall serve; and he shall each four years thereafter appoint one inspector for each of said districts.

The salary of each district mine inspector shall be eighteen hundred dollars per annum, and actual expenses; such salary and expenses shall be paid monthly out of the State treasury upon the approval of the chief of the department of mines: Provided, That before payment of such expenses shall be made to the inspector he shall file an account of such expenses, verified by his affidavit, showing that they accrued in the discharge of his official duties; every person so appointed district mine inspector must be a citizen of West Virginia, having a practical knowledge of mining

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and the proper ventilation and drainage of mines and a knowledge of the gases met with in coal mines, and must be a miner of at least six years' experience in coal mines, or having otherwise been engaged as an employee for six years within coal mines, and he shall not while in office, be interested as owner, operator, agent, stockholder, superintendent or engineer of any coal mine, and be shall be of good moral character and temperate habits. An inspector of mines shall be removed from office by the chief of the department of mines of this State for incompetency, neglect of duty, drunkenness, malfeasance and for other good causes.

Each of the district mine inspectors shall report in writing monthly to the chief of the department of mines the number and condition of all mines inspected by him during each month and shall deliver to the operator or operators of each mine inspected a certificate of inspection, and shall post a duplicate certificate at a prominent place of the operating company where it may be conveniently read by any of the mine employees; said duplicate certificate shall remain posted until a subsequent certificate is issued by the district mine inspector, and he shall visit each mine in his district at least once in every three months, or oftener if called upon in writing by ten men engaged in any one mine, or the owner, operator or superintendent of such mine and make a personal examination of the interior of all mines, and outside of the mine where any danger may exist to the workmen, in their respective districts, and shall particularly examine into the condition of the mines as to ventilation, drainage and general safety and shall make a report of such examinations, and he shall see that all the provisions of the mining statutes are strictly carried out; and it shall be unlawful for any district mine inspector to appoint any deputy or other person to do and perform any work required of such inspector; any mine inspector failing to comply with the requirements of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and be dismissed from office; the chief of the department of mines and the district mine inspectors shall each before entering upon the discharge of his duties take oath of office prescribed by the constitution and shall furnish bond in the sum of two thousand dollars, with security to be approved by the governor, conditioned upon the faithful discharge of his duty, a certificate of which oath and bond shall be filed in the office of the secretary of state. Vacancies in the office of the department of mines or district mine inspector shall be filled by appointment for the unexpired term.

SEC. 3. Each district mine inspector shall, for each year ending the thirtieth day of June, make a written report to the chief of the department of mines of his proceedings, stating therein the number of mines in his district, the improvements made in and at the mines, the extent to which this act is obeyed or violated, and such other information in relation to mines and mining as he may deem of public interest, or as may be required of him by the chief of the department of mines; he shall also suggest or recommend such legislation on the subject of mining as he may think necessary; such report shall be filed with the chief of the department of mines on or before the thirtieth day of September nest succeeding the year for which it was made; the chief of the department of mines shall annually make a full and complete written report of his proceedings to the governor of the State for the year ending the thirtieth of June; such report shall include the reports of the district mine inspectors, the number of visits and inspections made in the State by the district inspectors, the quantity of coal and coke produced in the State, the number of men employed, number of mines operated, ovens in and out of blast, improvements made, prosecutions, etc., and such other information in relation to the subject of mines, mining inspection and needed legislation as he may deem of public interest and beneficial to the mining interests of the State; such report shall be filed with the governor on or before the thirtieth day of December nest

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succeeding the year for which it was made, and such report shall be printed upon the requisition of the governor and in order that the report shall be annually printed and distributed among the operators, miners and citizens of the State, the sum of fifteen hundred dollars annually is hereby appropriated out of the State treasury for this special purpose.

Sec. 4. The chief of the department of mines, by and with the Districts. approval of the governor, shall within thirty days after this act becomes a law, divide the State into twelve mining districts in such a manner as to equalize as far as practicable the work of each district inspector.

Sec. 5. The operator or agent of every coal mine shall, within Maps. six months after the passage of this act, make or cause to be made, unless already made and filed, an accurate map or plan of such mine, on a scale to be stated thereon, of one hundred or two hundred feet to the inch; such map or plan shall show the openings or excavations, the shafts, slopes, entries, air ways with darts or arrows showing direction of air currents, headings, rooms, pillars, etc., and such portions of such mine or mines as may have been abandoned, the general inclination of the coal strata, and so much of the property lines and the outcrop of the coal seam of the tract of land on which said mine is located, as may be within one thousand feet of any part of the workings of such mine; a true copy of such map or plan, shall within the six months aforesaid be delivered by such operator to the inspector of his district, to be preserved among the records of his office and turned over to his successor in office; but it is provided that in no case shall any copy of the same be made without the consent of the operator or his agent; and the original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector, and such operator shall, twice within every twelve months, and not more than seven months apart, while the mine is in operation, cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property lines and outcrop as above provided; and he shall immediately thereafter notify the inspector of his district who shall forward to the said operator, or his engineer the maps held by such inspector to be extended as above required.

SEC. 6. If the operator or agent of any coal mine shall neglect Failure to or fail to furnish to the mine inspector of his district any copy furnish maps. of map or extension thereof as provided in preceding section of this act, the mine inspector is hereby authorized to cause a correct survey and map or plan of said coal mine or the extension thereof to be made at the expense of the operator of such mine, the cost of which shall be recoverable from said operator as other debts are recoverable by law; and if at any time the chief of the department of mines have reason to believe that such map or plan or extension thereof furnished in pursuance of the preceding section, be materially incorrect such as will not serve the purpose for which it was intended, he may have survey and map or plan or the extension thereof made or corrected and the expense of making such survey and map or plan or extension thereof under the direction of said chief of the department of mines, shall be paid by the operator and the same may be collected as other debts are recoverable by law; and if found correct the expense thereof to be paid by the State.

SEC. 7. After the passage of this act each operator of a coal New openings. mine, before making any additional mine openings, shall furnish the district mine inspector of the district in which the mine is located, a plan of the proposed openings and mine development.

SEC. 8. After six months from and after the passage of this Duty of mine act, it shall be the duty of the mine foreman or the assistant foremen. mine foreman of every coal mine in this State to see that every person employed to work in such mine shall, before beginning to work therein, be instructed as to the particular danger, incident

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