Age limit.

Aliens not to

be employed.

Boards of arbitration.

Inspector of mines.

Bond.

ARTICLE 13.-Employment of children in underground mines. SECTION 4. The employment of children under the age of fourteen (14) years in underground mines is prohibited.

ARTICLE 13.—Employment of aliens on public works.

SECTION 5. No person, not a citizen of the United States, or who has not declared his intention to become such, shall be employed upon, or in connection with, any State or municipal works.

ARTICLE 13.-Boards of arbitration.

SECTION 7. The legislature may establish boards of arbitration, whose duty it shall be to hear and determine all differences and controversies between laborers and their employers which may be submitted to them in writing by all the parties. Such boards of arbitration shall possess all the powers and authority, in respect to administering oaths, subpoena ing witnesses, and compelling theis attendance, preserving order during the sittings of the board, punishing for contempt, and requiring the production of papers and writings, and all other powers and privileges, in their nature applicable, conferred by law on justices of the peace.

CODES-1901.

PART I.-POLITICAL CODE.

Mine regulations-Inspector of mines.

SECTION 139. The office of inspector of mines for the State of Idaho is hereby created.

SEC. 141. He shall hold his office for the term of two years, and until his successor is elected and qualified. Before entering upon the discharge of his duties as inspector of mines he shall file an official bond in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office, in form and manner as are other official bonds of State officers.

Not to be in- SEC. 142. The inspector of mines shall not at the time of his terested in election or at any time during his term of office, be an officer, mines, etc. director, or employee in or of any mining corporation in this State, or in, or of any milling corporation in the State engaged in the business of smelting or reducing ores and such inspector shall devote his whole time to the duties of his office and shall take and subscribe to the following oath:

Oath.

Duties.

State of Idaho,
County of

I,

SS.

of

County do solemnly swear that I will perform each and every duty required of me as inspector of mines for the State of Idaho; that I will at all times while acting in my official capacity fulfill the duties of such office according to law and to the best of my skill and understanding, that I will never at any time while holding the office of inspector of mines disclose to anyone, directly or indirectly, under any circumstances, any information relative to ore bodies, chutes, or deposits of ore, or the location, course or character, of underground workings, or give my opinion, founded on any examination made in the performance of my official duties, relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same, to all of which I pledge my sacred honor. So help me God.

Nothing in said oath, however, shall be construed to prevent such mining inspector from making full and complete statistical reports as required by law.

SEC. 143. It shall be the duty of the inspector of mines, at least once each year, to visit in person each mining county in the State of Idaho and examine all such mines therein as, in his judgment,

may require examination for the purpose of determining the condition of such mines as to safety, and to collect information and statistics relative to mines and mining and the mineral resources of the State, and to collect, arrange and classify mineral and geological specimens found in this State and to forward the same to the State school of mines.

SEC. 144. Said inspector shall have full power and authority, at all reasonable hours, to enter and examine any and all mines in this State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines, shall render the inspector such assistance as may be required by the inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines, and whenever, as a result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise) the inspector shall find the same to be in an unsafe condition, he shall at once serve, or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein, and in case of any criminal or civil proceeding at law against the party or parties so notified, on account of the loss of life, or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the inspector's requirement, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

Access to mines.

Notice.

Office, rec

SEC. 145. The inspector of mines shall be provided with a properly furnished office, at the statehouse, in Boise City, Idaho, in ords, etc. which he shall carefully keep a complete record of all mines examined showing the date of examination, the condition in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any, were ordered by the inspector.

mines.

It is hereby made the duty of the owner, lessor, lessee, agent, Reports of manager or other person in charge of each and every mine, of owners, etc., of whatever kind or character, within the State to forward to the inspector of mines at his office, not later than the first day of June in each year, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State, must furnish whatever information relative to such mine as the inspector of mines may from time to time require for his guidance in the proper discharge of his official duties.

SEC. 146. Whenever the inspector of mines shall receive a formal complaint in writing, signed by three or more persons, setting forth that the mine in which they are employed is dangerous in any respect, he shall, in person, visit and examine such mine: Provided, Every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine and shall describe with as much certainty as is possible, how such danger, apparent or real, renders such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants, or anyone else to their knowledge, to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in person [sic] in charge, the reason why it has not

Complaints.

Attorney-general to be notified, when.

Report.

Deputy inspectors.

been made: Provided further, That all complaints shall be duly verified by the parties complaining, before some officer authorized by law to administer oaths. After such complaint shall have been received by the inspector of mines, it shall be the duty of such inspector to serve a certified copy thereof, but without the names of the complainants, upon the owner, lessor, lessee, agent, manager, or other person in charge, and, as soon as possible after receiving such complaint, to visit and examine such mine, and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger existing to the owner, lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which such danger exists, closed until such danger has been removed. The names of complainants complaining as in this section provided, shall not, under any circumstances, be divulged to any person by said inspector except such action be necessary in the administration of justice in the courts of the State.

SEC. 147. It shall be the duty of the inspector of mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person, in charge of any mine or working, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the attorney-general of such neglect or refusal, and the attorney-general must thereupon immediately commence action in the name of the State against the party so notified for the recovery of the penalty mentioned in section 4761 of the Penal Code, in any court of competent jurisdiction, and the amount so recovered shall be paid into the general school fund of the State and constitute a part thereof.

SEC. 148. The inspector of mines shall, on the first Monday of December of each year, file with the governor of the State a printed report giving:

First.-A list of all accidents that have occurred during the year, the nature and cause of the same, together with the persons killed and injured;

Second. The number of mines visited, or examined during the year; the number of mines in operation; the number of mines idle; the number of men employed; the wages paid, and the nationality of employees;

Third. The name and location of each mine in the State, which has been examined and from which the inspector has received a report as provided in section 145, and all data possible in regard to the manner of working the same; whether by shaft, tunnel, incline or otherwise; the condition of the hoisting machinery, boilers, whims, engines, cars, buckets, ropes and chains, used in the mines; also the appliances used for the extinguishing of fires; the manner and methods of working and timbering the shafts, drifts, inclines, stopes, winzes, tunnels and upraises through which persons pass to and fro while engaged in their daily labor; the character of the exits from the mine, the methods of ventilation, and the system of signals used in the mine;

Fourth. The number and character of notices served, together with suggestions and recommendations made; the manner in which such suggestions and recommendations were complied with;

Fifth. The number of complaints received and actions therein; Sixth. The number of prosecutions for neglect or refusal to comply with notices;

Seventh. A summary of the reports received from mine owners and deputy inspectors;

Eighth.-A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the State and to promote the development of the same;

Ninth.-Generally, such other information and suggestions as may be deemed advisable.

SEC. 150. With the consent and approval of the governor, the inspector of mines may appoint such deputy inspectors as in his judgment may be necessary.

SEC. 151. Whenever a serious or fatal accident shall occur in Accidents. any mine in the State of Idaho, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge thereof, immediately and by the quickest means, to notify the inspector of mines or his deputy, as may be most convenient, of such accident; and upon receiving such notice the inspector or his deputy, or both, shall at once repair to the place of the accident and investigate fully the cause of such accident; and the inspector or his deputy shall be present at any coroner's inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest. If the inspector or deputy inspector can not be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no person being present at the time of the accident, then the statements of those first present thereafter shall be taken, which statements shall be verified, and such verified statements shall be placed in the hands of the inspector or deputy inspector, upon the demand of such officer. Whenever any deputy inspector is present at any coroner's inquest and assists in the examination, he shall at the conclusion thereof at once prepare and forward to the inspector a full and detailed report of the accident, giving all information obtainable regarding the same.

Duties of

SEC. 152. The duties of deputy inspectors shall only be such as are indicated in section 151; that is, to attend and act either with deputies. or in place of the inspector of mines in cases of accident, at the scene of such accident, and at coroner's inquests, and to make reports.

Bureau of immigration, labor, and statistics.

Bureau estab

SECTION 189. In conformity with the requirements of section 1, article 13, of the constitution of the State of Idaho, a bureau of lished. immigration, labor and statistics for the State is hereby established.

SEC. 190. It shall be the duty of the governor, by and with the consent of the senate, to appoint immediately after the passage of this act a competent person as commissioner of immigration, labor and statistics, who shall have charge of said bureau, and who shall hold his office for the term provided in said article 13 of the constitution. He shall receive a salary of eighteen hundred dollars per year and all necessary traveling expenses not exceeding six hundred dollars per annum while traveling in the discharge of his official duties, to be paid as are the salary and fees of other State officers. Before entering upon the duties of his office he shall take oath for the faithful discharge of the duties thereof, the same as other State officers.

er.

Commission

Office, rec

SEC. 191. The secretary of state shall provide suitable room for the use of said bureau, and furnish the necessary fuel, light and ords, etc. appurtenances. All books, papers and documents in the office of said commissioner shall be deemed public records of the State and shall be transferred by him to his successor in office.

SEC. 192. It shall be, and is hereby made, the duty of said commissioner to collect and compile all reliable data and information at his command, concerning the climate, soil and various resources of the State; its agricultural, horticultural, mineral, timber and grazing lands, and industries, and the development thereof, the water courses and lakes of the State in reference to irrigation, manufacturing, mechanical and other uses; the various crop products and the adaptability of different soil and localities for the production of different crops; the number, kinds and value of domestic animals in the State, with the useful information regarding the same; the number of public schools, educational institutions, churches, charitable and fraternal organiza

Duties.

Powers.

Exhibits.

Publications.

Compensation, etc.

Statistics

labor.

tions; health and pleasure resorts, and health statistics of the State; the number and mileage of railroads and other transportation lines; the number and capacity of irrigation canals and the lands covered by the same; the number and location of newspapers and periodicals in the State; the amount of public and school lands, and that belonging to various public institutions of the State; the wages and hours of labor, both skilled and common, and its relation to capital, and, generally any information which, if disseminated abroad, would tend to the development of the State by inducing population and capital within its borders. Said commissioner shall also inform himself in regard to suitable locations for agricultural and horticultural colonies in the State, and use all facilities at his command for encouraging and promoting desirable enterprises of this kind. To this end, he shall endeavor to secure low rates of transportation favorable to immigrants by urging the cooperation of railroads and other corporations interested in the settlement of the State. He shall also open correspondence with, and answer any and all inquries from those seeking information in regard to the resources of the State. SEC. 193. In order to enable said commissioner to secure the above required information, he is hereby clothed with the power to call upon the officers of the State, county assessors, superintendents of public instruction, and other officers, for such information as he may desire and deem valuable in his department.

SEC. 194. It shall be the duty of the commissioner to keep in his office for exhibit such samples of the productions of the State, including grains, grasses, fruits, vegetables, minerals, manufactured articles and other products, as may be contributed by towns and counties, without expense to the State, the same to be arranged so that each town or county shall receive due credit therefor. He shall, whenever practicable, organize and encourage local exhibits at such points as would tend to advertise the resources of the State, and, whenever funds are available for such purposes, shall also make, or cause to be made, exhibits of the products and industries of the State at such industrial and international exhibitions in other States as the governor shall direct.

SEC. 195. Said commissioner shall cause to be printed and distributed such pamphlets, circulars, cards and maps, and to publish, from time to time, through the public press, such information as, in the judgment of said commissioner, would tend to carry out the objects sought by this chapter and result in the largest possible benefit to the State.

SEC. 196. Said commissioner shall receive the salary and mileage heretofore provided for, and be allowed the actual cost of the printing and supplies necessary for the publication and distribution of the matter heretofore mentioned: Provided, That the allowance for such printing and supplies shall not exceed the aggregate sum of two thousand dollars in any one year.

of SEC. 197. The commissioner shall collect information upon the subject of labor, its relation to capital, the hours of labor, and the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity, and assort, systemize, print and present in annual reports to the governor, on or before the first day in January of each year, statistical details relating to all departments of labor in this State, including the penal institutions thereof, particularly concerning hours of labor, the number of laborers and mechanics employed, the number of apprentices in each trade, with the nativity of such laborers, mechanics, and apprentices, wages earned, the savings from the same, the culture, moral and mental, with age and sex, of laborers employed, and number and character of accidents, the sanitary condition of institutions and other places where labor is employed, as well as the influence of the several kinds of labor, and the use of intoxicating liquors upon the health, and mental condition of the laborer, the restrictions, if any, which are put upon apprentices when indentured, the proportion of married laborers and mechanics who live in rented