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of this State concerning the location and erection of wires across railroads, street railroads, interurban or suburban railroads.

SEC. 12. It shall hereafter be unlawful for any steam railroad carrier in this State engaged in operating a line of standard gauge railroad in this State, to build any structure of any kind, or any existing railway bridge, or to rebuild an existing structure of any kind, or any existing railway bridge, along the line of any such railroad in this State, in which that part of any such structure or bridge nearest the track shall be less than eighteen (18) inches from the nearest point of contact with the cab of the widest locomotive that is now or may hereafter be used, or less than eighteen (18) inches from the nearest point of contact with the widest part of any car that is now or hereafter may be used, on any such railroad, without first obtaining the permission of the railroad commission of Indiana so to do.

SEC. 13. Every such common carrier, party, person, association or municipal or private corporation which shall violate any of the provisions of sections 11 or 12 of this act, after receiving sixty days' notice from the railroad commission of Indiana that some provision of such sections is being violated, shall be subject to a penalty of five hundred dollars for each violation, to be recovered in an action to be brought by and in the name of the railroad commission of Indiana for and on behalf of the State of Indiana in any circuit or superior court in this State having jurisdiction of the offending party.

Obstructions.

Violations.

panies.

Defenses

abolished.

SEC. 14. Any employee of any such common carrier who may be Liability of killed or injured by any locomotive, tender, car, similar vehicle, or negligent comtrain in use contrary to the provisions of this act, or who shall be killed or injured on account of any of the structures forbidden in sections 11 and 12 of this act, shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, tender, car, similar vehicle, or train, or the maintenance of such unlawful structures named in sections 11 and 12 of this act, had been brought to his knowledge, nor shall any such employee be held as having contributed to his injury in any case where the carrier shall have violated any of the provisions of this act when such violation contributed to the death or injury of any such employee.

CHAPTER 120.-Railroads-Bribery of employees.

Accepting

SECTION 1. Any person, being an officer, agent or employee of any common carrier doing business in this State, who shall, di- bribes. rectly or indirectly, solicit, accept or receive from any person, firm or corporation any money, property or thing of value, in consideration for which such officer, agent or employee does, or agrees to do, or perform, any act for and on behalf of such carrier, and in the behalf of such person, firm or corporation, shall be guilty of bribery, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars.

SEC. 2. Any person or corporation, or any agent, employee or officer of any firm or corporation, who shall, directly or indirectly, offer, pay or deliver to any officer, agent or employee of any common carrier doing business in this State, any money, property or thing of value, in consideration for which such officer, agent or employee does, or agrees to do, or perform, any act for and on behalf of such carrier, and in the behalf of such person, firm or corporation, shall be guilty of bribery, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars: Provided, That the payment and acceptance of the established and regular charges imposed by any such comnion carrier for services performed by it shall not constitute either of the crimes defined by this act.

Offering

bribes.

Washhouses

CHAPTER 121.-Mine regulations-Washhouses.

SECTION 1. For the protection of the health of the employees required, when. hereinafter mentioned it shall be the duty of the owner, operator, lessee, superintendent of, or other person in charge of every coal mine or colliery, or other place where laborers employed are surrounded by or affected by similar conditions as employees in coal mines, at the request in writing of twenty (20) or more employees of such mine or place, or in event there are less than twenty (20) men employed, then upon the written request of one-third (3) of the number of employees employed, to provide a suitable wash room or washhouse for the use of persons employed, so that they may change their clothing before beginning work, and wash themselves, and change their clothing after working. That said building or room shall be a separate building or room from the engine or boiler room, and shall be maintained in good order, be properly lighted and heated, and be supplied with clean cold and warm water, and shall be provided with all necessary facilities for persons to wash, and also provided with suitable lockers for the safe-keeping of clothing: Provided, however, That the owner, operator, lessee, superintendent of or other person in charge of such mine or place as aforesaid shall not be required to furnish soap or towels.

[blocks in formation]

SEC. 2. If any person, persons or corporation shall neglect or fail to comply with the provisions of this act, or shall maliciously injure or destroy or cause to be injured or destroyed said building or room, or any part thereof or any of its appliances or fittings used for supplying light, heat or water therein, or shall do any act tending to the injury or destruction thereof, he or they shall be guilty of misdemeanor, and upon conviction shall be fined in any sum not to exceed five hundred ($500) dollars, to which fine may be added imprisonment in the county jail not to exceed sixty (60) days.

CHAPTER 131.-Railroads-Hours of labor of employees.

SECTION 1. It shall be unlawful for any superintendent, train dispatcher, yardmaster, foreman or other railway official, to permit, exact, demand or require any engineer, fireman, conductor, brakeman, switchman, telegraph operator or other employee engaged in the movement of passenger or freight trains, or in switching service, in yards or railway stations, to remain on duty more than sixteen consecutive hours, except when by casualty occurring after such employee has started on his trip, or by unknown casualty occurring before he started on his trip, he is prevented from reaching his terminal, or to require or permit any such employee who has been on duty sixteen consecutive hours, to go on duty without having had at least eight hours off duty, or to require or permit any such employee who has been on duty sixteen hours in the aggregate in any twenty-four hour period, to continue on duty or go on duty without having had at least eight hours off duty within such twenty-four hour period.

SEC. 2. For any violation of or failure to comply with any of the provisions of this act, such company shall be liable to all persons and employees injured by reason thereof, and no employee shall in any case be held to have assumed the risk incurred by reason of such violation or failure.

SEC. 3. Any superintendent, train dispatcher, train master, foreman or other official of any railway, in the State of Indiana, violating any of the provisions of this act, is hereby declared to be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and it shall be the duty of the railroad commission to fully investigate all cases of the violation of this act and to lodge with the attorney-general information of such violation as may come to its knowledge.

SEC. 4. The provisions of this act shall not apply to relief or wreck trains while clearing obstructions to the main line of any railroad.

Exemptions.

Width re

CHAPTER 197.—Mine regulations—Width of entrics. SECTION 1. It shall be unlawful for any owner, lessee, agent or operator of any coal mine within the State of Indiana, to make, quired. dig, construct, or cause to be made, dug, or constructed any entry or track way after the taking effect of this act, in any coal mine in the State of Indiana where drivers are required to drive with mine car or cars unless there shall be a space provided on one or both sides continuously of any track or tracks measured from the rail, in any such entry of at least two (2) feet width, free from any props, loose slate, débris, or other obstruction so that the driver may get away from the car or cars and track in event of collision, wreck or other accident. It shall be unlawful for any employee, person or persons to knowingly, purposely, or maliciously place any obstruction within said space as herein provided: Provided, That the geological veins of coal numbers three and four commonly known as the lower and upper veins in the block coal field of Indiana shall be exempt from the provisions of this act.

SEC. 2. Any such owner, lessee, operator, person or persons, vio- Violations. lating any of the provisions of this act shall be guilty of misdemeanor and upon conviction thereof shall be fined in any sum not to exceed two hundred dollars and to which fine may be added imprisonment in the county jail, not to exceed sixty days.

CHAPTER 204.-Mine regulations—Blasting, etc.—Inspectors. SECTION 1. It shall be unlawful for any person to take or have in his possession, or under his control within any coal mine in the State of Indiana, any dynamite cap, dynamite or other high explosive without first obtaining in writing the consent of the mine foreman or other person in charge of the operation of said mine, setting forth the use for which any such cap or explosive may be particularly intended.

SEC. 2. It shall be unlawful for any person for the purpose of blasting coal in any mine in this State, to prepare any "shot" in such a way that the distance from the drill hole to the “loose end," "chance" or end of cutting shall be more than five feet measured at right angles to the direction of the hole; or to place any charge of powder or other explosive in any drill hole prepared for any "shot" in which the breast of coal to be dislodged is of greater width than the depth of the drill hole; or to use in preparing any "shot" more than six pounds of powder; or to place any powder in any drill hole for the purpose of preparing any shot without measuring the amount so placed therein with a substantial measure so made as to indicate the weight of blasting powder measured therein; or to open a keg, can or other package containing powder, by means of a pick or in any other manner except in pursuance of the manner provided in the manufacture of such keg, can or package; or to sell or offer for sale any keg, can or package containing powder unless such can, keg or package be provided with a sufficient device for opening the same and permitting the discharge therefrom of all the powder therein contained; or to store any blasting powder, dynamite or other high explosive in any coal mine; or to prepare any drill bit more than two ad onehalf inches in diameter to be used in boring holes for the purpose of preparing any shot; or to use any dynamite or other high explosive in conjunction with black powder.

SEC. 3. It shall be unlawful for any person for the purpose of blasting coal in any mine in this State, except in any mine producing block coal, to drill any hole past the end of his cutting, "loose end" or chance."

High explosives.

Blasting.

Drilling.

Evidence.

Simultaneous

shots.

Stairways.

Entering

cages.

Tamping material.

Shot firers.

Posting

SEC. 4. If upon inspection of any working place in any coal mine there shall be found the remnants of drill holes drilled past the cutting, loose end or chance, or the remnants of any shot measuring more than the maximum width, or if any miner shall be found to have in his possession in his working place any keg, can or package containing powder and which has been opened in any other manner than that provided by law, the same or either thereof respectively shall be and constitute prima facie evidence that the workman in whose working place such evidence is found is guilty of a violation of sections 2 or 3 or [of] this act, or a part thereof, as the case may be.

SEC. 5. It shall be unlawful in any coal mine for any person to explode or light any shot in any working place simultaneously with the explosion or lighting of any shot by the same or any other person in any other working place on the same entry, except in working places where the coal is undercut my [by] machinery. SEC. 6. At all coal mines where any escape way or manway is hereafter constructed, the same shall be provided with a good and sufficient stairway, according to the specifications for mine stairways now provided by law, and of suitable design and strength to accomplish the purpose for which it is intended.

SEC. 7. It shall be unlawful for any person desiring carriage upon any cage to approach nearer than six (6) feet to any "cage landing " when such cage is not at rest at such landing; or to. crowd onto said cage in a rude or boisterous manner; or to enter upon any such cage when there are already upon the same one. person for each three square feet of the floor space of such cage: Provided, That nothing herein contained shall affect any person in charge of the operation of such cage or the machinery moving or affecting the same: And provided further, That as many persons may after the passage of this act enter a cage for carriage as the same will accommodate, giving each person three square feet of floor space.

SEC. 8. It shall be the duty of the operator or owner of any coal mine wherein fire clay or other noninflammable material suitable for use in tamping in preparing shots can not be readily obtained, to provide and deposit within said mine such material, and at points within five hundred feet from the face of each entry in such mine. In case any dispute may arise as to the construction proper to be placed upon the above provision, or as to the duty of any such operator or owner thereunder, such dispute shall be finally determined by the inspector of mines.

SEC. 9. At any coal mine in the State where the miners working therein so elect, persons may be employed to act as shot firers, and their wages shall be paid by the miners working therein: Provided, That nothing herein contained shall affect any existing contract as to shot firers.

re- SEC. 10. The result of all coal mine inspections made by the ports of inspec- inspector of mines or any of his assistants, showing all his contions. clusions as to the condition of safety of the mines and orders given in the inspection of any coal mine shall be posted in writing at the entrance to such mine immediately upon the conclusion of each inspection. The inspector of mines or his assistants shall make personal inspection of all coal mines in the State at least three times each year instead of twice each year, as heretofore provided by law, and to enable said inspector and his assistants to discharge all the duties created by this act and other acts the of number of his assistants is hereby increased from two to four. Such additional assistants shall possess the same qualifications and perform the same duties required by this and any and all other laws, and shall be appointed, empowered, and in all things governed in the same manner and by the same laws applicable to assistants to such inspector of mines heretofore existing under former laws. Such additional assistants shall each receive for his services the sum of one thousand two hundred dollars per annum; and for expenses they shall receive the sum actually and necessarily expended for that purpose in the discharge of their

Number assistants.

official duties, all to be paid quarterly by the State treasurer from funds in the State treasury not otherwise appropriated. All expense shall be sworn to and shall show the items of expense in detail. Such inspector and each of his assistants are hereby charged with the duty of enforcing this act and all other laws relating to the health and safety of persons and property employed and used in and about the coal mines of the State.

Police pow.

ors.

SEC. 11. The inspector of mines and each of his assistants are hereby empowered to act as police officers, with full powers to ers of inspectarrest and detain any person found violating any provisions of this act or any other mining law, or engaged in any attempt to violate any such law or part thereof, or against whom there is found any evidence of a previous violation of such law: Provided, however, That no such person shall be detained for any period of time longer than twenty-four hours without warrant or the filing of a charge against him in a court of competent jurisdiction. Such inspector and each of his assistants shall also have power to immediately stop the operation of any coal mine, or part thereof, in which any dangerous or unlawful condition is found: Provided, however, That where conditions exist justifying him to do so, he may grant a reasonable length of time for making necessary repairs: And, provided further, That where any stop is enforced, such inspector and his assistants shall each have power to subsequently allow such mine or part of mine to be reopened when the dangerous or unlawful conditions have been remedied or removed, so that they no longer exist.

SEC. 12. The inspector of mines shall have power in his discre- Sprinkling. tion to order the sprinkling of any coal mine or part of mine by notice in writing to the operator thereof, or person in charge of the same, and after receiving such notice it shall be unlawful for any person to act in violation thereof and to omit such sprinkling. Copies of any notices given hereunder shall be posted at the mine entrance by the inspector of mines.

SEC. 13. After the passage of this act no further certificates of service shall be issued by the inspector of mines to any person to act as mine boss, fire boss or hoisting engineer: Provided, however, That nothing herein contained shall affect any certificate of service heretofore issued.

SEC. 14. Any persons violating any provision of this act or willfully refusing, neglecting or failing to do anything required to be done by any provision hereof by such person, or obstructing or attempting to obstruct or interfere with the inspector of mines or any of his assistants in the discharge of any duty imposed by law, or refusing, failing or neglecting to comply with the proper orders of the inspector of mines or his assistants, shall be guilty of a misdemeanor punishable on conviction by a fine not exceeding five hundred dollars, to which may be added imprisonment in the county jail for a period not exceeding six months, in the discretion of the court or jury trying any such cause.

Inspector not

to Issue certificates.

Violations.

Negligence,

ors.

SEC. 15. Whoever, being an inspector of mines or an assistant thereof, shall fail, neglect or refuse to perform any duty required etc., of inspectof him by this or any other law relating to the health and safety of persons employed in coal mines and matters connected therewith, shall upon conviction thereof be fined not to exceed five hundred dollars, and upon a second conviction for an offense hereunder shall, upon certification of judgment thereof to the proper officer holding the power of appointing his successor, be immediately removed from office by such officer without any further proceedings.

SEC. 16. On, or before January 1, 1909, and biennially there- State geoloafter, it shall be the duty of the State geologist and chemist to gist to prepare questions; the State board of health to prepare a list of questions on the subjects of mine engineering, chemistry as applied to coal mining, and the practical operations of coal mining as concerns the coal mining industry in Indiana. These questions shall be so prepared and the answers so graded that it shall be possible for an applicant to make twenty-five (25) points on the questions relating to

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