Dutles.

Assistants.

Shelter holes.

Bore holes.

citizen of this State, and an experienced coal miner, or any person having five years' experience in a coal mine, who shall keep a careful watch over the ventilating apparatus and the air ways, traveling ways, pumps and drainage; and shall see that as the miners advance their excavations, proper break throughs are made, to properly ventilate the mine, and that all loose coal, slate and rock overhead in the working places and along the haul ways be removed or carefully secured so as to prevent danger to persons employed in such mines; and that sufficient props, caps and timbers, as nearly as possible of suitable dimensions, are furnished for the places where they are to be used, and such props, caps and timbers shall be delivered and placed at such points as the rules for the government of each respective mine provide for them to be delivered; and every workman in want of props, cap pieces and timbers shall notify the mine foreman, or such other person who may be designated for that purpose, at least one day in advance giving the length and number of props or timbers and cap pieces he requires; but in case of an emergency the timbers may be ordered immediately upon the discovery of any danger; and it shall be the duty of each miner to properly prop and secure his place in order to make the same secure for him to work therein. The said mine foreman shall have all water drained and hauled out of the working places where the same is practicable, before the miners enter and said working places kept dry as far as practicable while the miners are at work; it shall be the duty of the mine foreman to see that the crosscuts are made as required by law and that the ventilation shall be conducted through said crosscuts into the rooms by means of check doors placed on the entries or other suitable places, and he shall not permit any room to be opened in advance of the ventilation current. Should the mine inspector discover any room, entry, air way or other working places being driven in advance of the air current contrary to the requirements of this act he shall order the workmen working such places to cease work at once until the law is complied with. And the mine foreman shall measure the air current at least twice each month at the inlet and outlet and at or near the faces of the advanced headings and shall keep a record of such measurements in a book having a form prescribed by the chief of the department of mines. An anemometer shall be provided for this purpose by the operator of the mine.

And in mines in which the operations are so extensive that all the duties devolving upon the mine foreman can not be dis charged by one man, competent persons having had three years' experience in a coal mine may be designated and appointed as assistants, who shall act under the mine foreman's instruction, and shall be responsible for their conduct in the discharge of their duties under such designation or employment.

On all haul ways space not less than ten feet long and two feet six inches wide, between the wagon and the rib, shall be kept open at distances not exceeding one hundred feet apart, in which shelter from passing wagons may be had; it shall further be the duty of the mine foreman to have bore holes kept not less than twelve feet in advance of the face, and, where necesssary, on sides of the working places that are being driven toward and in dangerous proximity to an abandoned mine or part of mine suspected of containing inflammable gases or which is filled with water; on all haul ways where hauling is done by machinery of any kind, the mine foreman shall provide a proper system of signals and a conspicuous light, and also for the carrying of a conspicuous light on the front and rear of every trip or train of cars when in motion in a mine, and when hoisting or lowering of men occurs before daylight in the morning or at evening after darkness, at any mine operated by shaft, the said mine foreman shall provide and maintain at the shaft mouth a light of stationary character sufficient to show the landing and all surrounding objects distinctly, and sufficient light of a stationary char

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 safe, 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 unsafe 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

children.

Injuring appliances, etc.

reasonably safe condition, the prayer of said petition shall be granted; but notice of said hearing shall be given 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 attorney-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 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. SEC. 18. No miner, workman or other persons, shall knowingly 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

ment.

SEC. 19. Nor shall any person or persons, or combination of with employ-persons, by force, threats, menaces, or intimidation of any kind, 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

be reported.

to

SEC. 20. Whenever by reason of any explosion or other accident 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 safety Investigation. of the men and investigate the cause of such explosion or accident, 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.

Reports

SEC. 21. The operator or agent of every coal mine shall annually, 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.

by

Working in

SEC. 22. Any operator, agent, superintendent or mine foreman 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.

Steam loco

SEC. 24. No steam locomotive shall be used in mines where men are 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

Enforcement.

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 employees 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.

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 twentyfour hours; but no mine employing less than ten men shall be required to employ a mine foreman.

Enforcement

of laws.

Offices established.

Superintend

ents.

WISCONSIN.

ANNOTATED STATUTES OF 1898-SUPPLEMENT OF 1906–
ACTS OF 1907.(^)

Unlawful employment of children.

SECTION 439ca. Any truant officer within this State shall have 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 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 said commission as may best serve the interests of the people of the State.

SEC. 926-162. The commissioner of labor and industrial statistics 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 stenographer at the Milwaukee office who shall divide his time between the Wisconsin free employment office and the State factory inspector's office, and whose salary shall not exceed seventy-five dollars per month to be paid out of any funds in the State treasury not other

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.