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ment shaft shall be separated from the main shaft by such extent of natural strata as shall secure safety to the men employed in such mines, not less than one hundred feet, in all mines that shall go into operation for the first time after the first day of January, 1893; such an escapement or other communication with a contiguous mine, as aforesaid, shall be constructed within ninety days after such mine shall have been put into operation, or within a shorter time if in the discretion of the inspector it becomes necessary; and it shall not be lawful for the owner, agent or operator of any such mine as aforesaid to employ any person to work therein or permit any person to go therein for the purpose of working except such persons as may be necessary to construct such escapement shaft, unless the requirements of this section shall first have been complied with. And the term “ owner," as used in this act, shall mean the immediate proprietor, lessee or occupant of any mine or any part thereof, and the term “agent," shall mean any person having, on behalf of the owner, the care or management of any mine or part thereof: Provided, Nothing in this section shall be construed to extend the time allowed by law for constructing escapement shaft.

Sec. 5340. The owner, agent or operator of every mine, whether Ventilation. operated by shaft, slope or drift, shall provide and maintain for every such mine a sufficient amount of ventilation to be determined by the inspector, not less than one hundred cubic feet of air per man per minute, measured at the foot of the downcast, which shall be circulated to the face of every working place throughout the mine, so that said mine shall be free from standing gas of whatsoever kind. In all mines where fire damp is generated every working place where fire damp is known to exist shall be examined every morning with a safety lamp by a competent person before any other persons are allowed to enter. The ventilation required by this section may be produced by any suitable appliances, but in case a furnace shall be used for ventilating purposes, it shall be built in such a manner as to prevent the comnimication of fire to any part of the works by lining the upcast with incombustible material for a sufficient distance up from said furnace.

SEC. 5341. The owner, agent or operator shall provide that a Bore holes. bore bole shall be kept twenty feet in advance of the face of each and every working place, and if necessary on both sides when driving towards an abandoned mine, or part of a mine suspected of containing in flammable ga ses or to be inundated with water.

SEC. 5342. The owner, agent or operator of every mine, operated Signals. by shaft, shall provide suitable means for signaling between the bottom and top thereof; and shall also provide safe means of hoisting and lowering persons in a cage, covered with boiler-iron, so as to keep safe as far as possible persons descending into or ascending out of said mine; and such cage shall be furnished with Safety cage. guides to conduct it through slides through such shaft with a sufficient brake on every drum, to prevent accident in case of the giving out or breaking of the machinery; and such cage shall be furnished with spring catches, intended and provided so far as possible to prevent the consequences of cable breaking or the loosening or disconnecting of the machinery; and no props or rails shall be lowered in a cage while men are descending into or ascending out of said mine; that when men are ending or descending, the opposite cage in every case shall be empty.

SEC. 5343. No person under the age of fourteen years, or female Employment of any age, shall be permitted to enter any mine to work therein;

of women and

children. nor sball any boy under the age of sixteen years, unless he can read and write, be allowed to work in any mine, and no owner, agent or operator of any mine operated by a shaft or slope shall place in charge of any engine whereby men are lowered into or hoisted out of the mines, any but an experienced, competent and sober person, not under eighteen years of age, and no person shall be permitted to ride upon a loaded cage or wagon used for hoist

ances.

Hoisting ing purposes in any shaft or slope, except persons employed for workmen.

that purpose, and in no case shall more than eight persons ride in any cage or car at any one time, nor shall any coal be hoisted out of any mine while any person or persons are descending into such mine, and in no case shall more than one of the same family ascend or descend on a cage and not more than eight persons ascend out of or descend into any mine on one cage at one time, nor shall they be lowered or hoisted more rapidly than fire hun

dred feet to the minute. Safety appli- SEC, 5344. The owner, agent or operator shall cause every land

ing on a level or above the surface of the ground, and the entrance to each intermediate vein, (to be] securely fenced by a gate and a bonnet so prepared to cover and protect such shaft and the entrances thereto, and the entrance to every abandoned slope, air or other shaft shall be securely fenced off and every steam boiler shall be provided with proper steam gauge, water gauge and safety valve and all underground self-acting or engine plains or gang. ways on which cars are drawn and persons allowed to travel, shall be provided with some proper means of signaling between stopping places and the end of such plains and gangways, and sufiicient places of refuge at the side of such plains or gangways shall

be provided at intervals not more than thirty feet apart. Accidents.

SEC. 5345. Whenever loss of life or serious personal injury shall occur by reason of any explosion or of any accident whatever in or about any mine, it shall be the duty of the person haring charge of such mine to report the facts thereof without delay to the mine inspector, and if any person is killed thereby, to notify the coroner or some justice of the peace of said county, and it shall be the duty of the inspector to investigate and ascertain the cause of said explosion, and file a report thereof with the other records of his oflice; and to enable him to make such investigations, he shall bave power to compel attendance of witnesses, and take depositions, administer oaths, and the cost of the examination shall be paid by the county as costs of coroners' inquests are now paid; and the failure of the person in charge of the mine where the accident occurred to give the inspector notice thereof

shall be a misdemeanor. Inspector to

SEC. 5346 (as amended by act No. 225, Acts of 1905). It shall bo appointed.

be the duty of the governor soon after the passage of this act, to appoint a practical miner of not less than seven years' experience, inspector of mines for the State, who shall take the usual oath of office; said miner shall be a citizen and qualified elector of the State, and not interested as owner of any mine, and said inspector shall hold his office for two years, and until his successor is appointed and qualified, and be allowed a salary of $2,000 per annum.

SEC. 5:347 (as amended by act No. 225, Acts of 1905). It shall spector.

be the duty of said inspector to visit and inspect personally all coal mines in this State, where there are ten or more persons enployed to work underground at said mine, at least once every ninety days, and at all other times when required by his duties, and shall see that precaution is taken to insure health and safety of the workmen employed in any of the mines, and that the provisions and requirements of this act be observed and the law enforced, and shall make a report to the governor on the 1st day of November of each year, showing number of coal mines operated in this State, number of visits made to said mines by said inspector, the manuer of mining, whether by shaft, slope, or drift, number of men employed at said mine, and all other information which he may think of public importance to the State. Said in. spector shall not obstruct or hinder the necessary working of any mine, when examining and inspecting the same, unless necessary

to make thorough inspection, Inspection to Sec. 5348. The owner, agent or operator of such mine is required be permitted.

to furnish all necessary facilities for entering and making such examinations and inspection, and if the owner, agent or operator aforesaid shall refuse to permit such inspection, or to furnish the

Duties of in.

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necessary facilities for entering and making such examinations
and inspection, the inspector shall file his atfidavit, setting forth
such refusal, before the judge of the circuit court in the county in
which said mine is located, and said judge of said court is granted
the power to issue an order, commanding said owner, agent or
operator to appear before sa id judge at chambers or before the
circuit court to show cause why he refuses to permit said inspec-
tion or furnish the necessary facilities for entering and making
said examination; and upon hearing, the judge of the court shall
hare the power to fine such agent, owner or operator in any sum Penalty.
not less than fifty dollars.

Sec. 5319. If the said inspector shall, after the examination of Complaints
any mine and the works and machinery pertaining thereto, find to be fled.
the same worked contrary to the provisions of this act, or unsafe
for the workmen employed therein, the said inspector shall file a
complaint before the judge of the circuit court in vacation or the
circuit court when in session, in the name of the State, without
cost or bond, showing wherein the said owner, agent or operator
has failed to comply with the provisions of this act, and the said
court or judge, after hearing the cause, shall, if satisfied the law
has not been complied with, restrain or enjoin the said owner,
agent or operator from operating the said mine until the law is
complied with.

In all proceedings before said court or judge, the owner, agent or operator shall have two days' notice of the intended application for restraining order, and the judge or the court shall bear the complaint on affidavits or other testimony that may be offered in support, as well as in opposition thereto, and if sufficient cause appear, the court or judge in vacation, by order shall prohibit the further working of any such mine in which persons may not be safely employed, or which is worked contrary to the provisions of this act, until the same has been made safe and the requirements of this act shall have been complied with, and the court shall award such costs in the matter of said proceedings as may be just, but any such proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.

Sec, 5350 (as amended by act No. 225, Acts of 1905). For any I njuries injury to persons or property occasioned by the willful violation caused by vio

lation of act. of this act, or willful failure to comply with any of its provisions, a right of action shall accrue to any party injured for any direct damages sustained thereby: Provided, That should death ensue from any such injury, a cause of action shall survive in favor first of the widow and minor children of such deceased, if there be no widow nor minor children, then to the father if living, then to the mother, if no mother, then to the brothers and sisters and their descendants.

Sec. 5351. Any miner, workman or other person who shall know- Negligence of ingly injure any water gauge, barometer, air course or brattice, or

miners, etc. sbali obstruct or throw open any air, ways or carry any lighted lamps or matches into places that are worked by safety lamps or shall handle or disturb any part of the machinery of the hoisting engine, or open a door to a mine, and not have the same closed again, whereby danger is produced, either to the mine or to those who work therein; or who shall enter any part of the mine against caution, or who shall disobey any order given in pursuance of this act, or who shall do any willful act whereby the lives and health of the persons working in the mine, or the security of the mine or miners or the machinery thereof is endangered, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or imprisonment at the discretion of Penalty. the court. Sec. 5352. The owner, agent or operator of any mine shall keep

Timbers. a sufficient amount of timber when required to be used as props, so that the workmen can at all times be able to properly secure the said workings from caving in, and it shall be the duty of the

man.

owner, agent or operator to send down all such props when re

quired and deliver said props to the place where cars are delivered. Weighman. Sec. 5353. The weighman employed at any mine shall, before en

tering upon his duties, take and subscribe an oath, or affirmation,
before some proper officer, to do justice between employer and em-
ployee, and to weigh the output from the mine honestly and cor-
rectly. The miners engaged in working any mine shall have the

privilege, if they so desire, of selecting, by a majority vote, and Check weigh- employing at their own expense, a check weighman, who shall in

like manner take an oath, and who shall have like rights, powers
and privileges, in attending and seeing that coal is correctly
weighed, and who shall be subject to the same penalties as the
regular weighman, and each of such weighmen shall keep account
of all coal weighed at the mines, in a well-bound book kept for
that purpose. Such oath or affirmation shall be kept posted in a
conspicuous place in the weigh office, and every owner, agent or
operator of any coal mine in this State shall keep a correct ac-
count of the output of coal at his mine in a well-bound book kept
for that purpose, therein showing the amount of coal mined in
cach day, in each month and in each year, and such account shall
be kept in the general office in this State of such owner, agent or
operator, subject at all times to the inspection of the inspector,
and if the mine be leased, subject also to the inspection of the

owner of the mine, his agent or attorney.
Violation of SEC. 5354 (as amended by act No. 225, Acts of 1905, and act
duty by in. No. 74, Acts of 1907). Any inspector who shall willfully fail or
spectors.

refuse to perform any of the duties required of him by the pro-
visions of this act, shall be punished by a fine of not less than one
hundred dollars, and upon a third conviction for any such failure
or refusal, he shall be removed from office, and any other person
convicted of a violation of any provision of this act, or failing in
any manner to comply therewith, except such provision for which
punishment has already hereinbefore been fixed, shall be pun-
ished by a fine of not less than twenty-five dollars; and each day
any such violation or failure shall continue shall be deemed a
separate offense: Provided, The provisions of this act shall only
apply to coal mines: Provided, further, The provisions of this act
do not apply to mines when iess than ten men are employed under-
ground in twenty-four hours.

Employers to furnish names of employees to assessors, etc.

Names to be SECTION 5355. Hereafter any person, persons, partnership, comfurnished.

pany or corporation owning or operating any mill, mine, factory
or any other manufacturing enterprise, shall be required to give
the names of their agents, servants and employees to the tax as-
sessors, sheriffs or tax collectors of the various counties when de-

manded in their official capacity. Any person, persons, partnerPenalty. ship, company, corporations, or their agents, attorneys or man

agers, owning or operating any mill, mine, factory or other manu-
facturing enterprises, who shall violate this section, shall be
guilty of a misdemeanor and fined in any sum not less than ten
1:or more than one hundred dollars.

Weighing coal at mincs.

Scales to be SECTION 5356 (as amended by act No. 225, Acts of 1905). It provided. shall be the duty of every corporation, or company, or person en

gaged in the business of mining and selling coal by weight or meas-
ure, and employing ten or more persons, to procure and constantly
keep on hand at the proper place the necessary scales and meas-
ures and whatever else may be necessary to correctly weigh and
measure the coal mined by such corporation, company, or person,
and it shall be the duty of the mine inspector to visit each coal
mine operated therein, and where such scales and measures are
kept, at least once in each year, and test the correctness of such

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scales and measures. The owner or operator of each coal mine,
or any two or more of the miners working therein, may, in writing,
require his attendance at the place where such scales and measures
are kept, at other times in order to test the correctness thereof, and
it shall be his duty to comply with such request as soon as he can
after receiving such request.
Sec. 5357. All coal mined and paid for by weight shall be weighed,

Coal to be

weighed before before it is screened, unless the person or persons mining same screening. shall by contract agree otherwise, and shall be paid for according to the weight so ascertained, at such prices per ton or bushel as may be agreed upon by such owner or operator and the miners who mined the same: Provided, That nothing in this act shall be so construed as to prevent such owner or operator from having the right to deduct the weight of any sulphur, slate, rock or other impurities contained in the car and not discovered until after the car has been weighed.

Sec. 5358. Any corporation or person violating any of the pro- Penalty. visions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each offense, be fined not less than twenty-five dollars and not more than five hundred dollars; and the officers, agents or employees of the corporation or company whose duty it was to do or perform the act, or to cause it to be done and performed, which is the subject of the indictment, may be indicted jointly with said corporation or company, and upon conviction thereof be fined in any sum not less than twenty-five dollars nor more than five hundred dollars.

This act is constitutional. 65 S. W. Rep. 465. (See act No. 219, Acts of 1905, below.)

Payment of wages-Discounting. SECTION 5383. It shall be unlawful for any milling or manufac- Discounts re

stricted. turing company, or any other person, corporation or company employing persons to labor for them in the State of Arkansas, to discount the wages of their employees or laborers when payment is made or demanded before the regular pay days, more than at the rate of ten per cent per annum from the date of payment to the regular pay day, and all laborers shall be paid in currency at the place of business of the company, person or corporation so employing such labor in the State; unless the laborer elects to take drafts or checks in lieu of currency for pay. Any evasion or viola

Penalty. tion of this section shall be usury and a misdemeanor, and the person, company or corporation, or their agents, violating the same shall be fined in any sum not less than ten dollars nor more than fire hundred dollars, and the entire property of the person, company or corporation shall be subject to the payment of the fine and costs.

etc.

Intorication of railroad employecs. SECTION 6597. If any person shall, while in charge of a locomo- Intoxication tire engine running upon any railroad in this State, or while of engineers, acting as the conductor of any car or cars on any railroad in this State, be intoxicated, he shall be deemed guilty of a misdemeanor and punished accordingly.

Payment of wages of discharged employces. SECTION 6649 (as amended by act No. 210, Acts of 1905). When- Railroad emever any railroad company or corporation or any receiver operat. ployees. ing any railroad engaged in the business of operating or constructing any railroad or railroad bridge, shall discharge with or without cause or refuse to further employ any servant or employee thereof, the unpaid wages of any such servant or employee then earned at the contract rate, without abatement or deduction, shall be and become due and payable on the day of

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