shafts. the boundary line, or when said coal mine, or any part of the same is abandoned, the owner, operator or superintendent thereof shall furnish the State inspector of coal mines, within three months thereafter, the proximity to the boundary line as aforesaid, or after the abandonment of the said mine, or any part of the same, with a correct copy on tracing muslin or blueprint of the map or plan of said mine, which shall accurately show all excavations and workings of such mines to date, exhibiting clearly the part or parts abandoned, and the part or parts in proximity to the boundary line aforesaid. The several coal maps or plans of mines in the State which are furnished to the State inspector of coal mines, as last aforesaid, shall be the property of the State, and shall remain in the care of the said State inspector of coal mines, to be transferred by him to his successor in office, and in no case shall any copy of the same be made without the consent of the owner, operator or his agent. If the said State inspector of coal mines shall find or have good reason to believe that any map or plan of any coal mine made or furnished in pursuance of the provisions of this chapter, is materially inaccurate or imperfect, he is hereby authorized to cause a correct plan or map of said coal mine to be made at the expense of the owner or operator thereof, the cost of which shall be recoverable from the said owner or operator, in the name of the State, as other debts are recoverable by law: Provided, however, That if the map or plan which is claimed to be inaccurate shall prove to have been correct, then the inspector shall be held liable for the expenses incurred in making such test survey, and the same shall be paid by the said inspector. Escape SEC. 2563. It shall not be lawful for the owner, operator, contractor, lessee or agent of any coal mine, or for any firm, company, corporation or association, their clerks, servants, agents or employees to employ any person at work within any coal mine, or permit any person to be in any coal mine for the purpose of working therein, unless such mine is in communication with at least two openings, if the mine be worked by shaft or slope, which two shafts or slopes shall be separated by natural strata at all points by a distance of not less than fifty feet, except in drift mines heretofore opened, where the mine inspector shall deem it impracticable: Provided, however, An aggregate number not exceeding twenty persons may be employed in the mine at any one time until the second opening shall be reached and made available, which said second opening the said inspector of coal mines shall cause to be made without unnecessary delay, and in case of furnace ventilation being used before the second opening is reached, the furnace shall not be placed within forty feet of the foot of the shaft, slope or drift, and shall be well secured from danger from fire by brick or stone walls of sufficient thickness. Proviso. Same subject. SEC. 2564. When a second opening or outlet is made which does not exceed seventy-five feet in vertical depth, from the surface to the seam or strata of coal that is being mined, it shall be set apart exclusively for the purpose of ingress and egress to or from the mine, by any person or persons employed therein, and it shall always be kept clear of any obstruction, and if the opening is a shaft it shall be fitted with safe and convenient stairs not less than two feet wide, and not to exceed an angle of sixty degrees descent, and landings of not less than eighteen inches wide and four feet long, at easy and convenient distances; and all water coming from the surface, or out of the strata in the shaft, shall so be conducted as to be prevented from falling down the shaft on the stairs, or on persons ascending or descending the stairway of the shaft. If the second opening is a slope for a traveling way and has a greater angle of descent than twenty-five degrees, it shall be provided with suitable stairs not less than two feet wide, but when the seam or stratum of coal at main outlet or escapement shaft in connection with any mine exceeds seventy-five feet in vertical depth from the surface, the miners or other employees in the mine shall be lowered into or raised from said mine by machinery; and when the employees are lowered into or raised from said mine at the main outlet, the escapement shall be fitted with safe and available machinery, or safe and convenient stairs, by which persons employed in the mines may readily escape in case of accident. The hoisting machinery and stairs used for lowering or raising the employees into or out of the mines shall be kept in a safe condition and inspected once each twenty-four hours by a competent person employed in whole or in part for that purpose, and such machinery and the methods of its inspection shall be approved by the State inspector of coal mines. SEC. 2565. The owner or agent of any coal mine, whether shaft, Ventilation. slope or drift, shall provide and maintain for every such mine, ample means of ventilation, affording not less than one hundred cubic feet of pure air per minute for each and every person employed in said mine, and as much more as the circumstances may require, which shall be circulated around the main headings and across headings and working places, to an extent that will dilute, carry off and render harmless the noxious or dangerous gases generated therein, and all mines generating fire damp shall be kept free of standing gas in the worked out or abandoned parts of the same, and the entrance thereto shall be properly closed and cautionary notice shall be posted to warn persons of danger, and every working place and all other places where gas is known or supposed to exist, shall be carefully examined by the fire boss, within two hours immediately before each shift, with a safety lamp, and in making said examination it shall be the duty of the fire boss, at each examination, to leave at the face of every place examined, evidence of his presence; and it shall not be lawful for any miner to enter any mine or part of a mine generating fire damp until it has been examined by the fire boss aforesaid, and by him reported to be safe. SEC. 2566. It shall be unlawful for any miner, fire boss, em- Brushing fire ployee in any mine, or other person, to brush fire damp from damp. any place in a coal mine by means of a coat, sack, sail cloth, or any like article or material; and any person so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be imprisoned for a term not exceeding six months, and fined in any sum not to exceed one hundred dollars. And any owner or superintendent, mine boss or fire boss, who shall knowingly permit the same to be done, shall be deemed guilty of a misdemeanor, subject to the same penalties as hereinbefore prescribed. SEC. 2567. In order to better secure the proper ventilation of Mining boss. every coal mine, and promote the health and safety of the persons employed therein, the owner or agent shall employ a competent and practical inside overseer, to be called mining boss, who shall be an experienced coal miner, and shall have taken and passed the examination before, and received a certificate of competency from the examining board hereinafter provided for, and 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, all loose coal, slate and rock overhead are carefully secured against falling on the traveling ways, and that sufficient props, caps and timbers are furnished upon order of the miner, of suitable size and cut square at both ends, and as near as practicable to a proper length for the places where they are to be used, and such props, caps or timber and the necessary rails and ties shall be delivered at the mouth of the rooms. He shall see that all water be drained or hauled out of all working places before the miner enters, and as far as practicable, kept dry while the miner is at work; and it shall be the further duty of the mining boss to see that the proper cut throughs are made in the room pillars of the miners' places at intervals of not more than sixteen yards for the purpose of ventilation, and in all hauling roads, holes for shelter shall be made every thirty yards, and be kept whitewashed, when a space two feet and six inches between the wagon and rib shall be deemed sufficient for Records. Safety lamps. Doors. shelter; and the mining boss shall measure the air current at least once a week at the inlet and outlet and at or near the face of the headings. SEC. 2568. The mining boss shall keep a record of such measurements, which shall be placed by him in a book kept for that purpose; said book to be open for the examination of the said State inspector. He shall also, on or about the fifteenth day of each month, mail to the State inspector of coal mines, a true copy of the air measurements given, stating also the number of persons employed in or about said mine, the number of mules and horses used, and the number of days worked in each month, for which purpose blanks shall be furnished by the said inspector. It shall be the further duty of the mining boss to immediately notify the owner or agent of the mine of his inability to comply with the provisions of this chapter. It shall then become the duty of the said superintendent, operator, owner or agent, at once to attend to the matter complained of by the mining boss, and to comply with the provisions hereof. SEC. 2569. The safety lamps used for examining mines, or which may be used in working therein, shall be furnished by and be the property of the owner of said mine, and shall be in charge of the agent of such mine, and in all mines the doors used in assisting or directing the ventilation of the mine shall be so hung and adjusted that they will close themselves, or be supplied with springs or pulleys so that they can not be left standing open, and Bore holes. bore holes shall be kept not less than twelve feet in advance of the face of every working place, and when necessary on the sides of the same when they are being driven towards and in dangerous proximity to an abandoned mine or part of a mine, suspected of containing inflammable gases, or which is inundated with water. SEC. 2570. The mining boss, or his assistant, shall visit and examine every working place in the mine at least once every alternate day, while the miners of such place are, or should be at work, and shall direct that each and every working place is properly secured by props or timber, and that safety in all respects is assured, and that no person shall be permitted to work in an unsafe place, unless it be for the purpose of making it safe. Inspections. Rules to be posted. Injuring paratus. Guards machinery. Side cuts. Access mines. ap for to SEC. 2571. All owners and operators of coal mines shall keep posted in a conspicuous place about their mine printed rules, submitted to and approved by the State inspector, defining the duties of all persons employed in or about said coal mines, which said notices shall be printed in the language or languages used by the miners working therein. SEC. 2572. Any miner, workman or other person who shall intentionally injure any shaft, lamp, instrument, air course or brattice, or obstruct or throw open air ways, or carry lighted pipes or matches into places that are worked by safety lamps, or handie or disturb any part of the machinery, or open a door and not close it again, or enter any place of the mine against caution, or disobey any order given in carrying out the provisions of this chapter, or do any other act whereby the lives or the health of per sons or security of the mines or machinery is endangered, shall be deemed guilty of a misdemeanor, and may be punished in a manner provided in section two thousand five hundred and eightyfour. This section is not unconstitutional. 89 Pac. Rep. 576. SEC. 2573. All machinery about mines shall be properly fenced off, and there shall be cut in the side of every hoisting shaft, at the bottom thereof, a traveling way sufficiently wide and high to enable persons to pass the shaft in going from one side of the mine to the other, without passing over or under the cage, or other hoisting apparatus. SEC. 2574. The State inspector of coal mines shall have the right at all times to enter any coal mine to make examinations or obtain information, and the owner or superintendent shall afford any assistance necessary to the said inspector in making such exami nation. The said inspector shall notify the owner, lessee, superin- Violations. tendent or mining boss, immediately of the discovery of any violation of this chapter, and of the penalty imposed thereby for such violation, and in case of such notice being disregarded for the space of five days, he shall institute proceedings against the owner, agent, lessee or mining boss, under the provisions of section two thousand five hundred and eighty-four; in case, however, where, in the judgment of the said inspector, delay may jeopardize life or limb, he may at once enter proceedings (except the defects be remedied) to restrain working of the mine; and the cost of said proceedings, including the charge of the attorney prosecuting the same, shall be borne by the owner, lessee or superintendent against whom such proceedings are had: Provided, That no attorney fee exceeding the sum of fifty dollars shall be taxed in any one case for the prosecution of such case: And provided further, That if the court shall find the cause not sufficient, then the case shall be dismissed and the costs borne by the State. Accidents to SEC. 2575. Whenever, by reason of any explosion, or any other accident, in any coal mine or the machinery connected therewith, be reported. loss of life or serious personal injury shall occur, it shall be the duty of the persons having charge of such mine or colliery to give a notice thereof forthwith to the State inspector of coal mines, and if any person is killed thereby to the coroner of the county, who shall give due notice of the inquest to be held. If the coroner shall determine to hold an inquest, the said inspector shall be allowed to testify and offer such testimony as he shall deem necessary to thoroughly inform the said inquest of the causes of the death, and the said inspector shall have authority at any time to appear before said coroner and jury and question or cross-question any witness, and in choosing a jury for the purpose of holding such inquest, it shall be the duty of the coroner to impanel at least one experienced miner on such jury. It shall be the duty of the said inspector, upon being notified as herein provided, to immediately repair to the scene of the accident and make such suggestions as may appear necessary to secure the future safety of the men, and if the results of the explosion or accident do not require an investigation by the coroner, he shall proceed to investigate and ascertain the cause of the explosion or accident and make a record thereof, which he shall file as provided for, and to enable him to make the investigation he shall have the power to compel the attendance of persons to testify, and to administer oaths or affirmations. The cost of such investigation shall be paid by the county in which the accident occurred in the same manner as costs of coroners' inquests are paid by law. SEC. 2576. The inspector shall exercise his sound discretion in Enforcement. the enforcement of the provisions of this chapter, and if the operator, owner or miners shall not be satisfied with any decision of the inspector rendered in the discharge of his duties under this chapter, which said decision shall be in writing, and signed by said inspector, the said owner, operator, miner or miners may, within fifteen days after such decision is rendered, appeal to the Appeals. district court of the county in which the mine concerned is located, and said court shall speedily determine the point involved in said decision and appeal, which said decision shall be binding and conclusive, subject only to an appeal to the supreme court of the State. The court in its discretion, may appoint three practical, competent and disinterested persons, whose duty it shall be, under instructions of the said court, to forthwith examine such mine and make report under oath of the facts as they exist or may have been, together with their opinion thereon, which report of said board shall become absolute, unless exceptions thereto shall be filed within ten days after the notice of the filing thereof, to the owner, operator, miner or miners, or inspector, and if exceptions be filed, the court shall at once hear and determine the same, and the decision shall be final and conclusive, subject only to 1452 board. appeal as aforesaid. If the court shall finally sustain the decision Examining SEC. 2577. On the petition of the inspector of coal mines, the Examination of bosses. Compensation, etc. examination shall disclose their fitness for the duties of mining boss, and such certificate shall be sufficient evidence of the competency and qualification of the holders for the duties of said office: Provided, however, That when the State mine inspector from his inspection of any mine may become satisfied that the mine boss or fire boss is incompetent in the performance of his duties, he may request him to undergo a reexamination before the examining board, and in the event of his refusal to undergo said examination, he is hereby authorized to cancel his certificate of competency and cause the same to become null and void. SEC. 2579. The members of the examining board, other than the inspector, shall hold their office for the period of two years from the date of their appointment and shall receive five dollars per day for each day necessarily and actually employed, and mileage at the rate of fifteen cents per mile for each mile necessarily traveled, to be paid by the State. Vacancies in the membership of the board shall be filled by the court of the proper county, except the vacancy in the office of inspector. Sessions of the examining board shall not exceed three days in each quarter, and for any certificate granted the board shall receive the sum of one dollar, the same to be paid into the State treasury. Bosses to have SEC. 2580. No person shall act as fire boss or mining boss unless certificates. granted a certificate of competency by the State inspector of coal mines. No owner, operator, contractor, lessee or agent shall employ any mining boss or fire boss who does not have the certificate of competency required. Said certificate shall be posted up in the office of the mine, and if any accident shall occur in any mine in which a mining boss or fire boss shall be employed who has no certificate of competency, as required by this chapter, by which any miner shall be killed or injured, he or his estate shall have a right of action against such operator, owner, lessee or agent, and shall recover the full damages sustained; in case of death, such action to be brought by the administrator of his estate within three years from the date of accident, the proceeds recovered to be divided among the heirs of the deceased, according to law. Special spections. in SEC. 2581. At any time upon the request of the miners employed in any coal mine, the State inspector may appoint a committee of two miners employed in said mine, which committee shall be assisted by the mine boss to make an inspection of said mine and report the result of said inspection to the State mine inspector, for which services said committee shall be paid by the miners employed in said mine. The State inspector is hereby made the legal adjuster of all weigh scales, measures or other mechanical machine by which the miners' coal is weighed or measured, and shall balance and adjust said scales or measures at any time he may consider it necessary in his official visits to the mines. |