« ForrigeFortsett »
acter shall be located at the bottom of the shaft so that persons coming to the bottom may clearly discern the cages and other objects closely contiguous thereto; no cages on which men are riding shall be lifted or lowered at a rate of speed greater than six hundred feet per minute; no mine cars either empty or loaded, shall be hoisted while men are being lowered or hoisted, and no cage having an unstable self-dumping platform shall be used for the carrying of workmen unless the same is provided with some device by which the same may be securely locked when men are being hoisted or lowered into the mine.
At every mine where ten men are employed underground it Provisions for shall be the duty of the operator thereof to keep always on hand accidents. at the mine a properly constructed stretcher, a woolen and a waterproof blanket, and all necessary requisites which may be advised by medical practitioner employed by the company, and if as many as one hundred and fifty men me [be] employed, two stretchers with the necessary equipments as above advised; the mine foreman, or his assistant, shall visit and examine every working place in the mine, every alternate day while the miners of such places are at work and shall direct that each and every working place shall be secured by props or timbers whenever necessary, which shall be placed and used by the miners working therein as in this act provided, to the end that such working places shall be made sa fe, and the said mine foreman shall not permit nor shall anyone work in a place known to be unsafe unless it be for the purpose of making it safe. The mine foreman shall notify the operator or agent of the mine of his inability to comply with any of the requirements of this section, and it shall then become the duty of any operator or agent to at once attend to the matter complained of by the mine foreman, so as to enable him to comply with the provisions hereof if the same can be practically done. Any operator or agent of any coal mine, or other person who shall neglect to comply with the requirements of this section shall, upon conviction, be guilty of a misdemeanor and shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than ten days nor more than ninety days at the discretion of the court. Any mine foreman or employee failing to comply with this section shall, upon conviction, be fined not less than five dollars, nor more than fifty dollars, or imprisoned in the county jail not less than ten days nor more than ninety days, in the discretion of the court.
Sec. 16. The operator or agent of every coal mine shall furnish Access to the inspector proper facilities for entering such mine and making
mines. examinations or obtaining information; and if any inspector shall discover that any mine does not, in appliances for the safety of the persons employed therein, conform to the provisions of this act, or that by reason of any defect or practice in or at such mine the lives or health of persons employed therein, are endangered, he shall immediately, in writing, notify such operator or agent thereof, stating in such notice the particulars in which he considers such mine to be defective or dangerous and if he deem it necessary for the protection of the lives or health of the persons employed in such mine, he shall, after giving notice of one day to the said operator or agent, in writing notify immediately the chief of the department of mines, who shall immediately examine the mine reported to be unsafe, and if upon such examination the mine reported to be unsafe is in fact found to be in an unsa fe condition, the chief of the department of mines shall forthwith order the mine to be closed until it is placed in a safe and proper condition for mining operations; the owner or operator of any mine so closed may apply to the circuit court wherein such mine is located, or the judge thereof in vacation, by petition for an order directing said mine to be reopened, and such court or the judge thereof in vacation shall immediately hear and determine the matters arising upon such petition, and if upon full hearing thereof the court or the judge thereof in vacation shall find that said mine is in a
reasonably safe condition, the prayer of said petition shall be granted; but notice of said hearing shall be giren to the district mine inspector or the chief of the department of mines three days at the least before said hearing; and in all such hearings the at
torney-general shall appear for the State and defend the same. Employment SEC, 17. No boy under fourteen years of age, nor female person of women and of any age shall be permitted to work in any coal mine, and in all childreu.
cases of doubt, the parents or guardians of such boys shall furnish affidavits of their ages; any operator, agent or mine foreman who shall knowingly violate the provisions of this section or any person knowingly making a false statement as to the age of any boy under fourteen years of age, applying for work in any coal mine shall, upon conviction, be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less
than ten nor more than ninety days, in the discretion of the court. Injuring ap- Sec. 18. No miner, workman or other persons, shall knowingly pliances, etc.
injure any shaft, lamp, instrument, air course, or brattice, or obstruct or throw open air ways or carry matches or open lights in the places worked by safety lamps or disturb any part of the machinery or appliances, open a door used for directing ventilation and not close it again, or enter any part of a mine against caution, or disobey any order given in carrying out any of the provisions of this act, or do any other act whereby the life or health of any person employed in the mine or the security of the mine is endangered ; any person who shall violate the provisions of this section shall, upon conviction, be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court; when any operator of a mine shall in any manner refuse to furnish all supplies necessary for the mine foreman to comply with the requirements of this act after being so requested so to do and by reason of such refusal, loss of life or injury may result to any employee, a right of action for damages may ensue against the operator of the mine wherein such employee has not
contributed to his own injury or loss. Interfering Sec. 19. Nor shall any person or persons, or combination of with employ. persons, by force, threats, menaces, or intimidation of any kind, ment.
prevent or attempt to prevent from working in or about any mine, any person or persons who have the lawful right to work in or about the same, and who desires so to work; but this provision shall not be so construed as to prevent any two or more persons from associating together under the name of Knights of Labor, or any other name they may desire, for any lawful purpose, or for using moral suasion or lawful argument to induce anyone not to work in and about any mine; any person or persons who shall violate the provisions of this section shall, upon conviction, be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the country jail not less than ten days nor more
than ninety days, in the discretion of the court. Accidents to SEC. 20. Whenever by reason of any explosion or other accibe reported.
dent in any coal mine, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the superintendent of the colliery, and in his absence, the mine foreman in charge of the mine, to give notice forthwith, by mail or otherwise, to the inspector of the district, stating the particulars of such accident; and if anyone is killed thereby, to the coroner of the county also, or in his absence or inability to act, to any justice of the peace; and the said inspector shall, if he deem it necessary from the facts reported, immediately go to the scene of such accident and make such suggestion and render
such assistance as he may deem necessary for the future sa fety Investigation. of the men and investigate the cause of such explosion or acci
dent, and make a record thereof, which he shall preserve with the other records of his office; and to enable him to make such investigation, he shall have the power to compel the attendance of witnesses, and to administer oaths or affirmations; and the costs of such investigation shall be paid by the county in which
such accident occurred, in the same manner as the costs of the coroner's inquests are now paid; if the coroner or justice shall determine to hold an inquest upon the body of any person killed, as aforesaid, he shall impanel a jury, no one of whom shall be directly or indirectly interested, and the inspector of mines, or the chief of the department of mines, if present at such inquest, shall have the right to appear and testify and to offer any testimony that may be relevant and to question and cross-question any witness; and the coroner or justice shall deliver to the inspector a copy of the testimony and verdict of the jury; any operator, agent, superintendent or mine foreman who shall fail to perform the duty provided in this section shall, upon conviction, be guilty of a misdemeanor, and shall be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court.
SEC. 21. The operator or agent of every coal mine shall annu- Reports by ally, during the month of July, mail or deliver to the chief of operators. the department of mines, a report for the preceding twelve months, ending with the thirtieth day of June; such report shall state the names of the operators and officers of the mine, the quantity of coal mined and such other information, not of a private nature, as may from time to time be required by the chief of the department of mines; blank forms of such reports shall be furnished by the chief of the department of mines. At any time any person, company or corporation operating a coal mine shall transfer the ownership of any mine to another person, company or corporation, the person, company or corporation transferring such ownership shall within thirty days make a report to the chief of the department of mines of such change, and a statement of the tons of coal produced since the first of July, last, previous to the date of such sale or transfer of such mine or mines; any operator or agent failing to furnish the reports as required in this section shall be guilty of a misdemeanor and upon conviction, shall be fined not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not less than thirty nor more than ninety days, in the discretion of the court.
SEC. 22. Any operator, agent, superintendent or mine foreman Working in having in charge any mine, who shall knowingly permit any per: prohibited son to work in any part of a mine in violation of instructions places. issued by the mine inspector, made in compliance with the requirements of this act, shall upon conviction be fined not less than fifty nor more than one hundred dollars for each person permitted to work in violation of such instructions, and any employees who shall work in violation of such instructions shall, upon conviction, be fined not less than ten nor more than fifty dollars.
SEC. 23. In any mine in which solid shooting is done the dis- Blasting. trict mine inspector is authorized to prescribe the conditions under which such solid shooting may be done. SEC, 24. No steam locomotive shall be used in mines where men
locoare actually employed in the extraction of coal, except by the motives. consent of the district mine inspector, but this shall not be construed to prohibit any mine owner from operating a steam locomotive through any tunnel, haul way or part of a mine that is not in actual operation and furnishing coal; any operator or agent who violates this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty nor more than ninety days, in the discretion of the court.
SEC. 25. There shall be adopted by the operator of every mine Rules to be in this State special rules for the government and operation of adopted. his mine or mines, covering all the work pertaining thereto in and outside of the same, which however, shall not be in conflict with the provisions of the mining laws of this State; such rules when established shall be printed on cardboard, in the language
spoken by ten or more employees, and shall be posted up in the drum house, tipple or some other conspicuous place about the mines where the same may be seen and observed by all the em. ployees at such mines, and when said rules are so posted the same shall operate as a notice to all employees at such mine of their acceptance of the contents thereof; and it shall be the duty of each mine operator to furnish a printed copy of said rules to each of his employees when requested by either or any of them; any operator or agent who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty nor more than
ninety days, in the discretion of the court. Enforcement. SEC. 26. In all prosecutions under this act the circuit court,
criminal court and justices of peace have concurrent jurisdiction
with the right of appeal to circuit court. Application. SEC. 27. The provisions of this act shall apply only to coal mines
in which five or more persons are employed in a period of twenty. four hours; but no mine employing less than ten men shall be required to employ a mine foreman.
ANNOTATED STATUTES OF 1898—SUPPLEMENT OF 1906–
ACTS OF 1907.(a)
SECTION 439ca. Any truant officer within this State sball have of laws. power to visit factories, workshops, mercantile establishments and
other places of employment in their respective localities and ascertain whether any minors are employed therein contrary to law. They may require that the age and school certificates and lists of minors who are employed in such factories, workshops, mercantile establishments and other places of employment, shall be produced for their inspection, and they shall report all cases of such illegal employment to the school authorities of their respective cities, towns, villages or districts and to the commissioner of labor, State factory inspector or any assistant factory inspector. Such truant officer shall receive no compensation from the State for performing such services.
Free public employment offices.
SECTION 926–161. There is hereby created not more than four lished.
free employment offices in the State, one to be located in conjunction with the State factory inspector's office in Milwaukee, the other three to be located in such cities or places as may be selected or named by a commission consisting of the governor, secretary of state and the attorney-general, for the purpose of receiving applications of persons seeking employment, and applications of persons seeking to employ labor. Each such office shall be designated and known as Wisconsin Free Employment Office. The said offices shall be so located in such parts of the State by sa id commission
as may best serve the interests of the people of the State. Superintend
Sec. 926--162. The commissioner of labor and industrial statis. tics shall recommend immediately after the passage of this act, and the governor shall appoint a superintendent for each of the offices created by section 1 of this act [sec. 926–161) and who shall devote his time to the duties of his office, and a clerk and stenogra. pher at the Milwaukee office who shall divide his time between the Wisconsin free employment office and the State factory inspector's oflice, and whose salary shall not exceed seventy-five dollars per month to be paid out of any funds in the State treasury not otherwise appropriated. The tenure of such appointment shall be for two years, unless sooner removed for cause. The salary of each superintendent shall be fixed by said commission not, however, to exceed twelve hundred dollars per annum, which sum, together with proper amounts for defraying the necessary cost of the equipping, advertising, running and maintaining the respective offices, rent for such offices, not to exceed
a All statutes amended or created by the acts of 1907 have been given their proper place in the Code, in accordance with Joint Resolution No. 119, of the legislature of 1907.'
eight hundred dollars per annum, shall be paid out of any funds in the State treasury not otherwise appropriated.
Sec. 926–163. The superintendent of each such free employment Office to be office shall open an office in such city as shall have been determined opened. by the above commission, and in such locality of said city as both the commissioner of labor and superintendent of said employment office may select, as being most appropriate for the purpose intended : Provided, That said employment office shall be occupied in conjunction with the bureau of labor and industrial statistics when such bureau has an office in any of said cities, and in case said bureau has no office in any of said cities, then in that case the city council wherein said free employment office is established shall furnish and equip an office for said employment bureau, either in conjunction with a department of said city or separately without cost to the State, such office to be provided with a sufficient number of rooms or apartments to enable him to provide, and he shall so provide, a separate room or apartment for the use of women registering for situations or help.
Upon the outside of each such office, in position and manner to secure the fullest public attention, shall be placed a sign which shall read in the English language, “Wisconsin Free Employment Office," and the same shall appear either upon the outside windows or upon signs in such other languages as the location of such office shall render advisable. The superintendent of each such free employment office shall receive and record in books kept for that purpose names of all persons applying for employment or help, designating opposite the name and address of each applicant, the character of employment or help desired.
Separate registers for applicants for employment shall be kept, Registers. showing the age, sex, nativity, trade or occupation of each applicant, the cause and duration of nonemployment, whether married or single, the number of dependent children, together with such other facts as may be required by the bureau of labor and industrial statistics to be used by said bureau: Provided, That no such special registers shall be open to public inspection at any time, and that such statistical and sociological data as the bureau of labor may require shall be held in confidence by said bureau, and so published as not to reveal the identity of any applicant: And prorided, further, That any applicant who shall decline to answer the questions contained in [the] special register shall not thereby forfeit any right to any employment the office might secure.
Sec. 926–164. Each superintendent shall report on Thursday of Weekly lists. each week to the State bureau of labor and industrial statistics the number of applications for positions and for help received during the preceding week, also those unfilled applications remaining on the books at the beginning of the week. Such lists shall not contain the names or addresses of any applicant, but shall show the number of situations desired and the number of persons wanted at each specified trade or occupation. It shall also show the number and character of the positions secured during the preceding week.
Upon receipt of these lists and not later than Saturday of each week, the commissioner of the said bureau of labor and industrial statistics shall cause to be printed a sheet showing separately and in combination the lists received from all such free employment offices; and he shall cause a sufficient number of such sheets to be printed to enable him to mail, and he shall so mail, on Saturday of each week, two of said sheets to each superintendent of a free employment office, one to be filed by said superintendent and one to be conspicuously posted in each such office. A copy of such