deputy and any duly authorized representative whose duty it is to examine or test any scaffolding or part thereof as required by this section, shall have free access, at all reasonable hours, to any building or premises containing them or where they may be in use. All swinging and stationary scaffolding shall be so structed as to bear four times the maximum weight required to be dependent therefrom and placed thereon, when in use, and not more than four men shall be allowed on any swinging scaffolding at one time.

[ocr errors]


Act No. 2223.--Mine regulations-Coal mines. Мар. .

SECTION 1. The owner or agent of every coal mine shal make or cause to be made an accurate map or plan of the workings of such

coal mine, on a scale of one hundred feet to the inch. Same to be SEC. 2. A true copy of which map or plan shall be kept at the open to inspec- office of the owner or owners of the mine, open to the inspection of

all persons, and one copy of such map or plan shall be kept at the wines by the agent or other person having charge of the mines,

open to the inspection of the workmen. Escape shaft. Sec. 3. The owner or agent of every coal mine shall provide at

least two shafts, or slopes, or outlets, separated by natural strata of not less than one hundred and fifty feet in breadth, by which shafts, slopes, or outlets distinct means of ingress and egress are always available to the persons employed in the coal mine: Providcd, That if a new tunnel, slope, or shaft will be required for the additional opening, work upon the same shall commence immediately after the passage of this act, and continue until its final

completion, with reasonable dispatch. Ventilation. SEC. 4. The owner or agent of every coal mine shall provide and

establish for every such mine an adequate amount of ventilation, of not less than fifty-five cubic feet per second of pure air, or thirty-three hundred feet per minute, for every fifty men at work in such mine, and as much more as circumstances may require, which shall be circulated through to the face of each and every working place throughout the entire mine, to dilute and render harmless and expel therefrom the noxious, poisonous gases, to such an extent that the entire mine shall be in a fit state for men to work therein, and be free from danger to the health and lives of the men by reason of said noxious and poisonous gases, and all

workings shall be kept clear of standing gas. Inspection by

Src. 5. To secure the ventilation of every coal mine, and provide for the health and safety of the men employed therein, otherwise and in every respect, the owner, or agent, as the case may be. in charge of every coal mine, shall employ a competent and practical inside overseer, who shall keep a careful watch over the ventilating apparatus, over the air ways, the traveling ways, the pumps and sumps, the timbering, to see as the miners advance in their excavations that all loose coal, slate, or rock overhead is carefully secured against falling; over the arrangements for signaling from the bottom to the top, and from the top to the bottom of the shaft or slope, and all things connected with the [and] appertaining to the safety of the men at work in the mine. He, or his assistants, shall examine carefully the workings of all mines generating explosive gases, every morning before the miners enter, and shall ascertain that the mine is free from danger, and the workmen shall not enter the mine until such examination has been made

and reported, and the cause of danger, if any, be removed. lloisting ma- SEC. 6. The overseer shall see that hoisting machinery is kept Minery. constantly in repair and ready for use, to hoist the workmen in

or out of the mine. Owner de. SEC. 7. The word “owner" in this act shall apply to lessee as fined.

well. Action for in- SEC. 8. For any injury to person or property occasioned by any juries.

violation of this act, or any willful failure to comply with its provisions, a right of action shall accrue to the party injured for any direct damages he or she may have sustained thereby, before any court of competent jurisdiction.


SEC. 9. For any willful failure or negligence on the part of the Negligence of overseer of any coal mine, he shall be liable to conviction of niis- overseer. demeanor, and punished according to law: Provided, That if such willful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of manslaughter.

Sec. 10. All boilers used for generating steam in and about coal Boilers. mines shall be kept in good order, and the owner or agent thereof shall have them examined and inspected, by a competent boiler maker, as often as once in three months. Sec. 11. This act shall not apply to opening a new coal mine. Exception.

Act No. 2224.-Hiners' hospital.

[ocr errors]
[ocr errors]


SECTION 1. There shall be erected, as soon as conveniently may Object. be, upon some suitable site,

a public hospital and asylum for the reception, care, medical, and surgical treatment, and relief of the sick, injured, disabied, and aged miners, which shall be knowu as the “ California State Miners' Hospital and Asylum."

SEC. 5. Indigent miners shall be charged for medical attendance, Charges. surgical operations, board, and nursing while residents in the hospital and asylum, no more than the actual cost; paying patients, whose friends can pay their expenses, and who are not chargeable upon townships and counties, shall pay according to the terms directed by the trustees.

SEC. 6. The several boards of supervisors of counties, or any con- Patients stituted authority in the State having care and charge of any indi- from counties, gent sick, or aged person or persons, if satisfactorily proven by etc. them to have been miners, shall have authority to send to the “ California State Miners' Hospital and Asylum ” such persons, and they shall be severally chargeable with the expenses of the care, maintenance, and treatment, and removal to and from the hospital and asylum of such patients.

Mine signals.

Act No. 2225.-Mine regulations-Signals.
SECTION 1. Every person, company, corporation, or individual
operating any mine within the State of California-gold, silver,
copper, lead, coal, or any other metal or substance where it is
necessary to use signals by means of bell or otherwise for shafts,
inclines, drifts, crosscuts, tunnels, and underground workings-
shall, after the passage of this bill, adopt, use, and put in force
the following system or code of mine bell signals, as follows:

1 bell, to hoist. (See Rule 2.)
1 bell, to stop if in motion.
2 bells, to lower. (See Rule 2.)
3 bells, man to be hoisted; run slow. (See Rule 2.)
4 bells, start pump, if not running, or stop pump if running.
143 bells, start or stop air compressor.
5 bells, send down tools. (See Rule 4.)
6 bells, send down timbers. (See Rule 4.)
7 bells, accident; move bucket or cage by verbal orders only.
1-4 bells, foreman wanted.
2-1-1 bells, done hoisting until called.
2–1-2 bells, done hoisting for the day.
2–2–2 bells, change buckets from ore to water, or vice versa.
3-2-1 bells, ready to shoot in the shaft. (See Rule 3.)

Engineer's signal, that he is ready to hoist, is to raise the bucket or cage two feet and lower it again. (See Rule 3.)

Levels shall be designated and inserted in notice hereinafter mentioned. (See Rule 5.)

SEC. 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established:

Rule 1. In giving signals make strokes on bell at regular intervals. The bar (-) must take the same time as for one stroke of the bell, and no more. If timber, tools, the foreman, bucket, or


cage, are wanted to stop at any level in the mine, signal by num-
ber of strokes on the bell, the number of the level first before giv-
ing the signal for timber, tools, etc. Time between signals to be
double bars (--). Examples:

6-45, would mean stop at sixth level with tools.
4- --1-1--1, would mean stop at fourth level, man on, hoist.
2--1-4, would mean stop at second level with foreman).

Rule 2. No person must get off or on the bucket or cage while the same is in motion, When men are to be hoisted, give the sig. nal for men. Men must then get on bucket or cage, then give the signal to hoist. Bell cord must be in reach of man on the bucket or cage at stations.

Rule 3. After signal “ Ready to shoot in shaft," engineer must give his signal when he is ready to hoist. Miners must then give the signal of “men to be hoisted,” then “spit fuse," get into the bucket, and give the signal to hoist.

Rule 4. All timbers, tools, etc., “ longer than the depth of the bucket," to be hoisted or lowered, must be securely lashed at the upper end to the cable. Miners must know they will ride up or down the shaft without catching on rocks or timbers, and be thrown out.

Rule 5. The foreman will see that one printed sheet of these sig. nals and rules for each level and one for the engine room are attached to a board not less than twelve inches wide by thirty-six inches long, and securely fasten the board up where signals can be easily read at the places above stated.

Rule 6. The above signals and rules must be obeyed. Any violation will be sufficient grounds for discharging the party or parties so doing. No person, company, corporation, or individuals operating any mine within the State of California shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said notice and rules shall be signed by the person or superintendent having charge of the mine, who shall designate the name of the corporation or the owner of the

mine. Liability for Sec. 3. Any person or company failing to carry out any of the violation, provisions of this act shall be responsible for all damages arising

to or incurred by any person working in said mine during the time of such failure.

ACT No. 2665 (as amended by chapter 224, Acts of 1907).-Hours

of labor of drug clerks.

Limit of ten SECTION 1. As a measure for the protection of public health, no Jours per day. person employed by any person, firm or corporation, shall for

more than an average of ten hours a day or sixty hours a week of six consecutive calendar days perform the work of selling drugs or other medicines, or compounding physicians' prescriptions, in any store, establishment or place of business, where and in which drugs or medicines are sold at retail, and where and in wbich physicians' prescriptions are compounded : Provided, That the answering of and attending to emergency calls shall not be con

strued as a violation of this act. Employers Sec. 2. No person, firm or corporation employing another perrestricted.

son to do work which consists wholly or in part of selling, at retail, drugs or medicines, or of compounding physicians' prescriptions, in any store, or establishment or place of business where or in which medicines are sold and where and in which physicians' prescriptions are compounded shall require or permit said eniployed person to perform such work for more than an average of ten hours a day, or sixty hours a week of six consecutive calendar

days. Violations. SEC. 3. Any person, firm or corporation violating any of the

provisions of this act shall be deemed guilty of misdemeanor and shall be punished therefor by a fine not less than twenty dollars nor more than fifty dollars or by imprisonment for not exceeding

sixty days, or by both such fine and imprisonment, at the discre-
tion of the court.

SEC. 5. The commissioners of the State bureau of labor statistics Enforce.
are [sic] hereby authorized, directed and empowered to enforce the ment.
provisions of this act.

[ocr errors][ocr errors][ocr errors]

Act No. 2838.Plumbers to be registered.
Section 1. Every master or journeyman plumber carrying on Registration
his trade shall, under such rules and regulations as the board of required.
health of such county, or city and county, shall prescribe, register
his name and address at the health office of such county, or city
and county; and after the said date it shall not be lawful for any
person to carry on the trade of plumbing in any county, or city
and county, unless his name and address be registered as above.

SEC. 2. A list of the registered plumbers shall be published in List to be
the yearly report of the health office.


Act No. 2839.-Eramination and licensing of plumbers.
SECTION 1. It shall not be lawful for any person to carry on License re-
business, or Jabor as a master or journeyman plumber, in any quired.
incorporated city, or in any city and county, in this State until
be shall have obtained from the board of health of said city or
city and county a license authorizing him to carry on business, or
labor as such mechanic. A license so to do shall be issued only Examination.
after a satisfactory examination by the board of each applicant
upon his qualifications to conduct such business or to so labor.
All applications for license, and all licenses issued, shall state the
name in full, age, nativity, and place of residence of the applicant
or person so licensed. It shall be the duty of the secretary of each
board of health to keep a record of all such licenses issued, to-
gether with an alphabetical index to the same.

Sec. 2. A list of all licensed plumbers shall be published in the
yearly report of the health officer or board of health.



Act No. 2894.-Rates of wages of employees on public works.
SECTION 1. The minimum compensation to be paid for labor upon

$2 a
all work performed under the direction, control, or by the author- mum wage.
ity of any officer of this State acting in his official capacity, or
under the direction, control, or by the authority of any municipal
corporation within this State, or of any officer thereof acting as
such, is hereby fixed at two (2) dollars per day; and a stipulation
to that effect must be made a part of all contracts to which the
State, or any municipal corporation therein, is a party : Provided, Proviso.
however, That this act shall not apply to persons employed regu-
larly in any of the public institutions of the State, or any city,
city and county, or county.

[ocr errors]



ARTICLE 5.Hours of labor in mines, smelters, etc.

SECTION 25a. The general assembly shall provide by law, and Eight hours
shall prescribe suitable penalties for the violation thereof, for a

a day's work,
period of employment not to exceed eight (8) hours within any
twenty-four (24) hours (except in cases of emergency where life
or property is in imminent danger), for persons employed in un-
derground mines or other underground workings, blast furnaces,
smelters; and any ore reduction works or other branch of industry
or labor that the general assembly may consider injurious or dan-
gerous to health, life or limb.

ARTICLE 15.—Contracts of employees waiving right to damages. Contracts SECTION 15. It shall be unlawful for any person, company or waiving right corporation to require of its servants or employees, as a condition to damages.

of their employment or otherwise, any contract or agreement whereby such person, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such contracts shall be absolutely null and void.

ARTICLE 16.-Mine regulations.

Provisions SECTION 2. The general assembly shall provide by law for the prescribed. proper ventilation of mines, the construction of escapement shafts,

and such other appliances as may be necessary to protect the

health and secure the safety of the workmen therein; and shall Age limit. prohibit the employment in the mines of children under twelve

years of age. Drainage. SEC. 3. The general assembly may make such regulations, from

time to time, as may be necessary for the proper equitable drainage of mines.


OF 1904.

[ocr errors]

Wagcs a preferred claim-In assignments and receiverships. Wages SECTION 195. The valid claims of servants, laborers and emprior claim. ployees of the assignor, for wages earned during the six months

next preceding the date of the assignment, not to exceed fifty dollars, to any one person then unpaid, and still held by the person who earned the same, and all taxes assessed under the laws of this State, or of the United States, shall be preferred claims and be paid in full, prior to the payment of the dividends in favor of

other creditors. Wages to be Sec. 195a1. When the business of any person, corporation, compaid first. pany or firm shall be suspended by the action of creditors, or be

put into the hands of a receiver or trustee, then in all such cases the debts owing to laborers, servants or employees, which have occurred by reason of their labor, or employment, shall be considered and treated as preferred claims, and such laborers or employees shall be preferred creditors, and shall first be paid in full,

and if there be not sufficient to pay them in full the same shall be Proviso. paid from the proceeds of the sale of the property seized : Pro

vided, That any person interested may contest any such claim, or claims, or part thereof, by filing exceptions thereto, supported by a slida vit, with the officer having the custody of such property, and thereupon the claimant shall be required to reduce his or her claim to judgment before some court having jurisdiction thereof

before any part thereof shall be paid. Claims to be SEC. 195b1. Any laborer or servant desiring to enforce his or filed.

her claim for wages under this act, shall present a statement under oath showing the amount due, the kind of work for which such wages are due, and, when performed, to the officer, person or court charged with such property, within twenty days after the seizure thereof on any execution or writ of attachment, or within sixty days after same may have been placed in the hands of any receiver or trustee, and thereupon it shall be the duty of the person or court having or receiving such statement to pay the amount

of such claim or claims to the person or persons entitled thereto. Payment. SEC. 195c1. No claim under this act shall be paid until after the

expiration of the time in which to present such claim. And if the funds realized from the sale of the property seized be insufficient to pay the total claims presented, then such funds shall be pro

« ForrigeFortsett »