ment of law.

safety of the persons employed in the mines would require, has not been provided, or should he find the mine insecure in any part, or should he find that sufficient means of ingress and egress have not been provided, said inspector shall at once notify the agent, superintendent or owner of the mine as to the unsafe or unwholesome condition of such mine, and require him to put the mine in a safe and wholesome condition, and such mine shall forthwith be renEnforce-dered safe and healthful. For a failure to comply with the directions of the inspector to render such mine safe, and to provide such ventilation as is sought to be secured by this law, and to provide safe and suitable means of ingress and egress within twenty days from the date of the inspection, the agent or superintendent and owner shall be liable to a fine of fifty dollars per day for every day that such mine shall be suffered to remain in such unsafe or unhealthful condition after the expiration of the twenty days above provided in which the required improvements should be made, which fine may be collected by indictment by the grand jury of the county in which such mine is situate; but in cases in which the inspector is satisfied, from personal investigation, that, even if due diligence is observed, the required improvements can not be completed within the twenty days above provided, he shall have authority to extend the time for not more than twenty days longer; but when the time is thus extended, the agent, superintendent or owner who is delinquent, after the expiration of the additional time, shall be subject to indictment and fine as above provided; and, as a cumulative remedy in case of failure of any owner, agent or superintendent to conform to the provisions of this law, after notice from the inspector, within the time provided by this section, any circuit court, or the judge in vacation, may, on application of the inspector, by civil action in the name of the State, enjoin or restrain, by writ of injunction, the said owner, agent or superintendent from working or operating such mine with more than five persons until it is made to conform with the provisions of this law; but before such writ of injunction shall issue, the owner, agent or superintendent shall have at least three days' notice of such contemplated action, and shall have the right to appear before such court, or the judge in vacation, to whom the application is made, who shall hear the same on affidavits and such other testimony as may be offered in support as well as in opposition thereto. It shall be the duty of the Commonwealth's attorney of the district, and of the county attorney of the county in which the mine lies, to prepare and prosecute proceedings upon said application.

Office.

Not to be in

tions.

SEC. 2725. The inspector of mines shall keep an office in the statehouse at Frankfort. He shall be provided with all necessary stationery, to be supplied by or through the State librarian as other offices are supplied; and he shall keep a record of all the inspections made by him, and shall furnish a certified copy of his report of the inspection of any mine inspected by him to the Commonwealth's attorney of the district in which the mine is situated, on application therefor, which copy shall be admissible in evidence in any court in this Commonwealth, and shall be prima facie evidence of the truth of recitals therein contained.

SEC. 2726. Such inspector, while in office, shall not act as agent, terested in or as a manager or mining engineer for, or be interested in operatmining operaing any mine, and he shall annually, on or before the tenth day of Report. February, make report to the governor of his proceedings for and during the calendar year ending on the thirty-first day of December, and of the condition and operation of the coal mines in this State, enumerating all accidents which shall have occurred in or about the same, and giving such other information as he may deem useful, and making such suggestions as he may deem important as to further legislation on the subject of mining. The inspector shall also report the number of persons employed in and about the mines, and the amount of coal mined; and, for the purpose of enabling him to make such report as is required by this section, the owner, lessee, agent or superintendent of every mine to which

this law applies, is hereby required to give each month accurate information, on blanks to be furnished by the inspector, as to all accidents occurring in and about the mines, the number of persons employed and the amount of coal mined during the preceding month; and the owner, lessee or superintendent refusing or failing to furnish the inspector such information for sixty days after application therefor has been received, shall be liable to a fine of fifty dollars, to be recovered in the county in which the mine concerning which such information is refused is situate. The inspector is authorized to extend his observations, so as to be prepared to report upon the mining possibilities and mineral resources of the counties to which he is called in the prosecution of his duties as inspector. One thousand copies of the inspector's annual report shall be printed for general distribution.

Compensa

tion.

SEC. 2727. The inspector shall receive an annual salary of eighteen hundred dollars, payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when absent from his office on business connected with his department; and he Maps and shall keep on file in his office maps and plans of all coal mines in plans of mines. operation in this State, which maps, plans and all the books, records and apparatus of his office he shall carefully keep, and turn over the same, with all official correspondence pertaining to his office, to his successor; and upon application of the owner, agent, lessee or superintendent therefor, he shall make out a duplicate of any map on file in his office of any mine owned or operated by the owner, agent, lessee or superintendent making such application, for the making of which duplicate a fee of five dollars must be paid, and which fee shall, within thirty days after its reception, be paid into the State treasury by the inspector receiving it.

SEC. 2728. There shall be provided for said inspector all instruments and chemical tests necessary for the discharge of his duties under this law, which shall be paid for on the order of the inspector, and which shall belong to the State.

SEC. 2729. The owner, agent, lessee or superintendent of every coal mine in this State, to which this law applies, shall annually, within sixty (60) days after the first day of January, make, or cause to be made, an accurate map or plan of the workings of such mine, on a scale of not more than one hundred feet to the inch, showing the area mined, and the form of the excavations up to the said first day of January, together with the location and connection with such excavations of the lines of all adjoining lands, and the name or names of each owner or owners, so far as known, marked on each tract; a true copy of which map the said owner, agent, lessee or superintendent shall deposit with the inspector of mines within seventy days after said first day of January, and another copy of which shall be kept at the office of such mine. But after the making and filing with said inspector of the first map of the mine, as required herein, the owner, agent, lessee or superintendent shall be required to annually make and file with said inspector, within the times herein specified, such additional map and statement as may be necessary to truly show the progress of the workings and the amount of excavation of said mine from the date of the preceding map or survey up to the first day of January, as provided herein. The inspector shall annually, on or before the first day of January, give warning notice that said map is required; and upon the refusal or failure of the agent, owner, lessee or superintendent receiving such notice to make or cause to be made such map within the sixty (60) days, and deposit the same with the inspector within the seventy (70) days specified herein, said owner, agent, lessee or superintendent shall be liable to a fine of five (5) dollars a day for each day elapsing until said map is made, said fine to be recovered in the county in which the mine to be mapped is situated. The correctness of each map provided for by this section shall be certified to by the person making such map; and the inspector may reject any map as incomplete the accuracy of which is not so attested.

Instruments.

Maps.

Escape

shafts.

Ventilation.

SEC. 2730. It shall not be lawful for the owner, agent or superintendent of any coal mine, worked by a shaft, slope or drift, wherein fifteen thousand square yards have been excavated, to employ more than ten persons to work therein, or to permit more than ten persons to work in such mine, unless there are to every seam of coal worked in each mine at least two separate outlets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets, distinct means of ingress and egress are always available to the persons employed in such mines; but it shall not be necessary for the two outlets to belong to the same mine; and every shaft opened after the passage of this act shall have two such separate outlets, after fifteen thousand square yards shall have been excavated, and to all other mines, whether slopes or drifts, two such openings or outlets shall be provided within twelve months after the passage of this law, provided fifteen thousand square yards have been excavated at or before the passage of this law, or if not, then within twelve months after that extent has been excavated. In case any coal mine has but one shaft, slope or drift for the ingress or egress of the men working therein, and the owner thereof does not own suitable ground for another opening, such owner may select appropriate associate adjacent surface ground for that purpose, and have the same condemned, and appropriate the same by proceedings in the county court of the county where the mine is situated, similar to proceedings now allowed by law for securing a private pass way.

SEC. 2731. The owner, agent or lessee of every coal mine, whether slope, shaft or drift, to which this act applies, shall provide and maintain for every such mine an amount of ventilation of not less than one hundred cubic feet of air per minute per person employed in such mine, which shall be circulated and distributed throughout the mine in such a manner as to dilute, render harmless, and expel the poisonous and noxious gases from each and every working place in the mine; and no working place shall be driven more than sixty feet in advance of a break through or air way; and all break throughs or air ways, except those last made near the working face of the mine, shall be closed up and made air-tight by brattice, trapdoors or otherwise, so that the currents of air in circulation in the mine may sweep to the interior of the excavations where the persons employed in the mines are at work; and all mines governed by this statute shall be provided with artificial means of producing ventilation, such as suction or forcing fans, exhaust steam, furnaces, or other contrivances, of such capacity and power as to produce and maintain an abundant supply of air. All mines generating fire damp shall be kept free from standing gas, and every working place shall be carefully examined every morning with a safety lamp, by a competent person or persons, before any of the workmen are allowed to enter the mine. And at every mine operated by a shaft there shall be provided an approved safety catch, and a sufficient cover overhead, on all cages used for lowering and hoisting persons, and at the top of every shaft a safety gate shall be provided, and an adequate brake shall be attached to every drum or machine used in lowering or raising persons in all shafts and slopes.

Negligence SEC. 2732. Any person employed in any mine governed by this of employees. statute who intentionally or willfully neglects or refuses to securely prop the roof of any working place under his control, or neglects or refuses to obey any order given by the superintendent of the mine in relation to the security of that part of the bank where he is at work, and whoever knowingly and willfully does any act endangering the lives or health of the persons employed in a mine, or the security of the mine or machinery, shall be liable to a fine of not less than ten dollars nor more than fifty dollars, to be recovered in the county in which the mine is situate.

Penalty.

The duty of caring for props does not devolve upon one not engaged in taking out coal, as a track layer. Such an employee has a right to rely on the master's duty to furnish him a safe place to work, and is not to be charged with contributory negligence where an accident arises from defective conditions. 43 S. W. Rep. 207.

SEC. 2733. Coal mines in which not more than five persons are employed at one time shall be exempt from the provisions of this law [secs. 2722 to 2733].

Exempted

mines.

Check weigh

SEC. 2733A. 1. When a majority of the miners engaged in digging or mining coal at any coal mine in this State at which as many man. as twenty men are employed, request the owner or owners or operator or operators of any of said mines to allow said miners to employ, at their own expense, a person to inspect the scales at said mine and see that the coal digged and mined by said miners is properly weighed and accounted for, and do and perform such other duties as will insure that said coal is properly weighed and correctly accounted for, said owner or owners or operator or operators shall permit such person to be employed by said miners making the request: Provided, The person so employed has the reputation of being an honest, trustworthy, discreet and upright man. The appointment under the provisions of this act of each inspector and assistant weigher shall be approved by the judge of the county court of the county wherein the same is made.

2. The person appointed and employed by miners to perform the duties set forth in the first section of this act shall at all times have free access to the scales at the mines, and the said person so employed by the miners shall not be hindered or prevented from a proper performance of his duties by the person who weighs coal for the operator or operators of any mines, nor any of the agents or employees of said operator or operators. Said person employed by the miners shall in no way prevent the weighman or other employees of said operator or operators from performing their duties in a proper manner.

3. Any person violating any of the provisions of this act [sec. 2733A] shall be fined not less than ten nor more than fifty dollars, and each day on which any of the provisions of this act is violated shall constitute a separate offense.

SEC. 2736. Every mine subject to the provisions of the act providing for the inspection of coal mines shall be inspected not less than three times each year, the inspection to be, as nearly as possible, not more than four months apart, and as many more times as the facilities of the office will permit.

Inspections.

Assistant in

SEC. 2737. In order that the requirement of section 2736 above may be carried out, there shall be appointed by the governor, spector. with the advice and consent of the senate, an assistant inspector of mines, who shall hold his office for four years; but shall be liable to be removed by the governor for willful neglect of duty or malfeasance in office. Said assistant inspector shall have a practical knowledge of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially of fire damp, and he shall also have a practical knowledge of mining. Said assistant inspector shall, before entering upon the discharge of his official duties, be sworn to discharge them faithfully and impartially, which oath shall be subscribed on his commission and certified by the officer administering it, and his commission, so indorsed, shall be filed with the secretary of state in his office, and said assistant inspector shall give bond in the penal sum of two thousand dollars, with surety, to be approved by the governor, for the faithful discharge of his official duties.

SEC. 2738. Said assistant inspector shall give his entire time and attention to the duties of his office, which shall consist of aiding, under the direction of the inspector of mines, in carrying out the provisions of this and all other acts relating to the inspection of coal mines.

SEC. 2739. Such assistant inspector, while in office, shall not act as agent or as a manager or mining engineer for, or be interested in operating any coal mine in this State. He shall receive an annual salary of $1,200 (twelve hundred dollars), payable monthly, and shall likewise be allowed and paid his necessary traveling expenses when absent from his office on business connected with

Duties.

Salary, etc.

Semimonthly pay day.

Coercion

to trade.

Penalty.

his department. He shall have his office with the inspector of mines in the statehouse at Frankfort, and shall keep a record of all inspections made by him, and make a monthly report of the same to the inspector of mines for said inspector's use when preparing his annual report.

SEC. 2739A. 1. All persons, associations, companies and corporations employing the services of ten or more persons in any mining work or mining industry in this Commonwealth, shall, on or before the fifteenth and thirtieth days of each month, pay to within fifteen days of the aforesaid fifteenth and thirtieth days, respectively, each servant or employee, in lawful money of the United States, the full amount of wages due each such servant or employee rendering such service, unless prevented by an unavoidable casualty: Provided, however, That if at any time of payment any servant or employee shall be absent from his place of labor, he shall be entitled to such payment at any time thereafter on demand.

as 2. It shall be unlawful for any person or persons, association, company, or corporation employing others, as described in [sub] section 1, either directly or indirectly, to coerce or require any such servant or employee to deal with or purchase any article of food, clothing or merchandise of any kind whatever, from any person, association, corporation or company, or at any place or store whatever. And it shall be unlawful for any of such employers as described in the first section to exclude from work, or to punish or blacklist any of said employees for failure to deal with any other or to purchase any article of food, clothing or merchandise whatever from any other or at any place or store whatever.

Licenses required.

For employment

etc.

3. Any person or persons, company or corporation described in the first [sub] section that shall violate any of the 'provisions of this act shall be guilty of a misdemeanor and on conviction shall be fined not less than fifty dollars nor more than one hundred dollars for each offense, and the doing or failure to do any act or thing required by this act [sec. 2739A] shall constitute a separate offense.

SECTION 3011 (as amended by chapter 33, Acts of 1904). The general council [of cities of the first class] shall, by ordinance, provide for the following licenses to be paid into the sinking fund, with adequate penalties for doing business without the required license:

*

For each ** * * intelligence office, * * * employment offices, agency or information bureau, * * * not less than twenty-five dollars nor more than five hundred dollars per annum.

labor.

ACTS OF 1906.

CHAPTER 52.-Employment of children-Hours of labor-Age limit-Factory inspection.

Hours of SECTION 1. No child under sixteen years of age, employed in any manufacturing establishment, mine, mill or workshop in this Commonwealth, shall be required, permitted or suffered to work therein more than sixty hours in any one week, nor more than ten hours in any one day, unless for the purpose of making a Night work. shorter workday on any one day of the week, and in no case shall any child under sixteen years of age work in any manufacturing establishment, mine, mill or workshop after seven o'clock in the evening or before six o'clock in the morning of any day; and every person, firm, corporation or company employing any child under sixteen years of age in any manufacturing establishment, mine, mill or workshop shall post, and keep posted, in a conspicuous place in the office, a printed notice, stating the number of