Qualifications, etc., of the steam engine or boiler is equally liable for violations of this section. But in case of accident, sickness, refusal to work, or any unforeseen prevention of the licensed engineer employed by any owner, renter or user of a steam engine or boiler, operated in remote districts, which would retard the work to be performed, the owner, renter or user may, for the space of four weeks, employ any person not having a license, whom he may consider competent, to run the engine or boiler. The person so employing the unlicensed engineer must immediately notify the inspector or assistant inspector. SEC. 569. All violations of the provisions of this article [sections 550 to 568 inclusive] are provided for in the Penal Code, sections 633 to 635 and 657. SEC. 570 (added by chapter 32, Acts of 1905). Any person who offers for sale within this State a boiler subject to the provisions of this article, which has been in use and is out of service, or who brings into the State and places in service any such boiler which has theretofore been in use in any other State, without first notifying the boiler inspector, and having such boiler inspected, and securing from the inspector a certificate of such inspection, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense. Inspector of mines. SECTION 580 (as amended by act, page 109, Acts of 1897). The inspector. governor, by and with the advice and consent of the senate must appoint an inspector of mines, who shall be at least thirty years of age, a resident of Montana at least one year, who shall be theoretically and practically acquainted with mines and mining in all its branches, and he shall hold his office for four years unless sooner removed by the governor. No person shall hold the position of inspector of mines while an employee or officer of any mining company or corporation. The inspector of mines must devote his entire time to the duties of his office, and his salary is two thousand, four hundred dollars. Deputy inspector. Annual inspections. Unsafe mines. [See pages 788 to 791, below.] " SEC. 581 (as amended by act, page 109, Acts of 1897). The governor by and with the consent of the senate must appoint a deputy inspector of mines who shall possess like qualifications to those required of the inspector of mines, who shall hold his office for four years unless sooner removed by the governor. No person shall hold the office of deputy inspector of mines while an employee or officer of any mining company or corporation. The deputy inspector of mines must devote his entire time to the duties of his office under the supervision and direction of the inspector of mines, and his annual salary is one thousand, six hundred and fifty dollars. SEC. 582 (as amended by chapter 98, Acts of 1903). It is the duty of the inspector of mines by himself or deputy to visit every mine in the State, once every year and inspect its workings, timbering, ventilation, means of ingress and egress, and the means adopted and in use for the preservation of the lives and safety of the miners employed therein. For this purpose the inspector and his deputy at all times shall have access to any mine and all parts thereof. All mine owners, lessees, operators or superintendents, must render such assistance as may be necessary to enable the inpector or his deputy to make the examination. When upon such inspection any mine or portion thereof is found to be in an unsafe condition, the inspector shall at once serve a notice in writing upon the owner, lessor, lessee, agent, manager or superintendent thereof, setting forth the nature of the defects which render such mine unsafe and the point or place in such mine where such defects exist, and requiring the repairs necessary to remedy such defects to be made within a specified time, and, if in his judgment the circumstances so require, he shall forbid the operation of such mine or portion thereof as has been declared unsafe, save and except for the purpose of making the repairs necessary for the purpose of remedying such defects and making such mine safe for the laborers employed therein. SEC. 583 (as amended by chapter 98, Acts of 1903). Whenever the inspector of mines receives a complaint in writing signed by one or more parties setting forth that the mine in which he or they are working is dangerous in any respect, he or the deputy inspector must in person visit and examine such mine. Every complaint must set forth the nature of the danger existing at the mine and the time the cause of such danger was first observed. Complaints. Notice to be SEC. 584 (as amended by chapter 98, Acts of 1903). After such complaint has been received by the inspector of mines, he must, given. as soon as possible, visit such mine; and if from such examination he ascertains that the mine is from any cause in a dangerous condition, he must at once notify the owner, lessor or agent thereof, such notice to be in writing, and to be served by copy on such owner, lessor, lessee, or agent, in the same manner as provided by law for the serving of legal process, and the notice must state fully and in detail in what particular manner such mine is dangerous or insecure, and requires [require] all necessary changes to be made without delay, for the purpose of making such mine safe for the laborers employed therein; and in any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injury sustained by an employee subsequent to such notice and in consequence of a neglect to obey the inspectors' requirements, a certified copy of the notice served by the inspector is prima facie evidence of the gross negligence of the party or parties so complained of. If the owner, lessor, lessee, or agent of any such mine shall neglect or refuse to obey or comply with the instructions of the inspector as contained in such notice, or shall neglect or refuse to cause the repairs necessary to remedy such defects to be made within a reasonable time, or shall refuse to cause work to be stopped when so ordered, such party or parties so refusing may be prosecuted criminally by the inspector. Mines to be SEC. 585 (as amended by chapter 98, Acts of 1903). It is the duty of the inspector of mines, at least once in each year, either visited. in person or by deputy inspector, to visit each mining county in the State and examine as many of the mines in the different counties as practicable, and make such recommendations as in his judgment are necessary to insure the safety of the workmen employed therein; and whenever from his examination, he finds any mine to be in an unsafe condition, he shall at once serve a notice upon the owner, lessor, lessee, or agent fails to comply with such notice, [sic] he may prosecute them or any of them as provided in the next preceding section. SEC. 586 (as amended by chapter 98, Acts of 1903). Whenever a serious or fatal accident occurs in any mine it is the duty of the person in charge thereof to immediately notify the inspector of mines or the deputy inspector, and upon receiving such notice the inspector in person or the deputy inspector must at once repair to the place of accident, and investigate fully the cause of such accident, and whenever possible to do so, the inspector or deputy inspector shall be present at the coroner's inquest held over the remains of the person or persons killed by such accident, and testify as to the cause thereof, and state whether, in his opinion, the accident was due to the negligence or mismanagement of the owner or person in charge. If the inspector or deputy inspector can not be immediately present in case of a fatal or serious accident occurring, it is the duty of the owner or person in charge of the mine to have written statements made by those witnessing the same, and duly sworn to. In case no person was present at the time of the accident, then the verified statement of those first present after the accident must be taken, and such statement must be given to the inspector or the deputy inspector. 43967-08 49 Accidents. Bond. Report. Application of law. Penalty. Bureau tablished. es. If after making such investigation the inspector deems the facts warrant it, he may prosecute criminally the owner, lessor, lessee, or agent of the mine in which such accident occurred. SEC. 587. The inspector of mines must execute an official bond in the sum of five thousand dollars, and the deputy inspector must execute an official bond in the sum of twenty-five hundred dollars. SEC. 588. The inspector of mines must make an annual report to the governor on the first Monday of November, and in the report must state all the accidents that have occurred in the mines of the State which have occasioned serious injury or resulted fatally, together with the nature and cause of such accidents. Such report must also contain statistical and other information which may tend to promote the development of the mineral resources of the State, and must set forth the result of the inspector's labors. SEC. 589 (as amended by chapter 98, Acts of 1903). The provisions of the article [secs. 580 to 590] do not apply to mines in which less than five men are employed. But all owners, lessors, lessees, agents, or managers operating any metalliferous mine in this State in which five or more men are employed, shall report the same to the inspector of mines, state the name of the mine, the location of the same, the name of the company, person or persons owning or operating the same, post-office address and number of men employed. SEC. 590. All violations of the provisions of this article [secs. 580 to 590] are provided for in the Penal Code, section 722. Bureau of agriculture, labor and industry. SECTION 760 (as amended by act, page 110, Acts of 1897). A bureau of agriculture, labor and industry is hereby established for this State whose executive officers shall be a commissioner, appointed by the governor, and a chief clerk who shall be appointed by the commissioner. The term of office of the commissioner shall be four years, and he may be removed by the governor for incompetence, neglect or malfeasance in office. The commissioner shall execute a bond in the penal sum of five thousand dollars, to be approved by the governor, and to be filed with the State auditor for the faithful performance of his duties. Duties of SEC. 761 (as amended by act, page 110, Acts of 1897). The commissioner. commissioner shall collect, assort and arrange, systematize and present in an annual report to the governor on or before the first day of December in each year, statistical details relating to all departments of labor and industry in the State of Montana, especially in relation to the agricultural, commercial, mining, manufacturing, educational and social interests and sanitary condition of the laboring classes and to the prosperity of all the productive industries of the State. Powers. SEC. 762 (as amended by act, page 110, Acts of 1897). The commissioner shall have the power to administer oaths, have and use a seal, with power, to examine witnesses under oath, to take depositions or cause the same to be taken by anyone authorized to take depositions, and said commissioner may deputize any male citizen over the age of twenty-one years to serve subpoenas upon witnesses who shall be summoned in the same manner as witnesses before the district court, and any person or owner, operator, or lessee of any mine, factory, workshop, smelter, mill, warehouse, elevator, foundry, machine shop or other establishment, any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner admission therein for the purpose of inspecting, or who shall when requested by him willfully neglect or refuse to furnish to him any statistics or other information relating to his lawful duties, which may be in their possession or under their control, or who shall willfully neglect or refuse for thirty days to answer questions by circular or by personal application, or who shall knowingly answer such questions untruthfully or who shall refuse to obey any such subpoenas and give testimony according to the provisions of this act, shall for every such willful neglect or refusal be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty nor more than one hundred dollars: Provided, That no witness shall be compelled to answer questions respecting his private affairs nor to go outside of his own county to give testimony. SEC. 763 (as amended by chapter 129, Acts of 1907). The commissioner of said bureau shall receive an annual salary of twentyfive hundred dollars and the chief clerk an annual salary of eighteen hundred dollars. Employment of children during school term-Illiterates. Salary. SECTION 1920 (as amended by chapter 45, Acts of 1903). All par- School ents, guardians and other persons who have care of children, shall tendance quired. instruct them, or cause them to be instructed in reading, spelling, writing, English grammar, geography, physiology and hygiene, and arithmetic. Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private, or parochial school, for the full time that the school attended is in session, which shall in no case be for less than sixteen weeks during any current year, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance * upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, * * * or that there is no school taught the required length of time within 24 miles of the residence of such child by the nearest traveled road: Provided, That no child shall be refused admission to any public school on account of race or color. * * * SEC. 1921 (as amended by chapter 45, Acts of 1903). No child under fourteen years of age shall be employed or be in the employment of any person, company or corporation during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation an age and schooling certificate herein provided for. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of trustees in village and township districts not having such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in section 1920 of this article; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certificate shall be formulated by the superintendent of public instruction and the same furnished, in blank, by the clerk of the board of trustees or the clerk of the district. Every person[,] company, or corporation employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon the request of the truant officer hereinafter provided for, permit him to examine such age and schooling certificate. Any person, company, or corporation, employing any minor contrary to the provisions of this section shall be fined not less than twentyfive nor more than fifty dollars for each and every offense. [See section 1, chapter 99, Acts of 1907.] SEC. 1922 (as amended by chapter 45, Acts of 1903). All minors over the age of fourteen and under the age of sixteen years, who can not read and write the English language shall be required to attend school as provided in section 1920, of this article and all the provisions of said section shall apply to said minors: Provided, That such attendance shall not be required of such minors after they have secured a certificate from the superintendent of schools in districts having superintendents, or the clerk of the board of atre Certificates. Illiterates. Enforcement. Duty of trustees in districts not having superintendents, that they can read, Collection of statistics. SECTION 3290. The State auditor must annually prepare from State auditor. the official reports and from other reliable sources to which he may obtain access, as full tables of the statistics of the State as may be in his power, and report the result of his labors to the governor. Officers answer tions. Duty sessor. to SEC. 3291. In order to insure a more perfect collection of the ques- statistical information contemplated by this chapter, every officer within this State must answer fully and promptly the special and general questions the State auditor may propound in carrying out the objects mentioned in this chapter, and no person must receive any compensation for answering such questions. of SEC. 3292. The county assessor must annually, at the time of county as taking the list of personal property for taxation, take from each person a statement of the gross receipts from placer mines and wages paid per day; number of grist mills and number of sacks of flour manufactured; number of sawmills and number of thousand feet of lumber cut; number of tanyards and number of sides of leather manufactured; number of foundries and number of tons of castings produced; number of wagons manufactured; number of carpenter shops, and wages paid per day; number of harness and saddlery shops, and value of manufactures; number of blacksmith shops and wages paid per month; number of silversmith shops, and wages paid per month; number of coal mines and number of tons taken out; number of reduction works, furnaces or quartz mills, and the number of tons of bullion produced and the value thereof; the number of manufacturers of every kind, not hereinbefore mentioned; Penalty. Appointment of board. Qualifica tions. Organiza tion. * * SEC. 3294. Any assessor failing to perform his duty as provided in this chapter, forfeits his office and the sum of four hundred dollars, which may be recovered in an action brought by the attorney-general in the State, and his last quarterly salary must not be paid until such report is made. State board of arbitration and conciliation. SECTION 3330. There is a State board of arbitration and conciliation consisting of three members, whose term of office is two years and until their successors are appointed and qualified. The board must be appointed by the governor, with the advice and consent of the senate. If a vacancy occurs at any time the gov. ernor shall appoint some one to serve out the unexpired term, and he may in like manner remove any member of said board. SEC. 3331. One of the board must be an employer, or selected from some association representing employers of labor; and one of them must be a laborer, or selected from some labor organization, and not an employer of labor, and the other must be a disinterested citizen. SEC. 3332. The members of the board must, before entering upon the duties of their office, take the oath required by the constitution. They shall at once organize by the choice of one of their |