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6. All able-bodied men who have no other visible means of support who shall live in idleness upon the wages or earnings of their mother, wife or minor child or children, except male child or chil.' dren over eighteen years of age.
Intoxication of railway employees.
Intoxication Section 3758 (as amended by chapter 330, Acts of 1907). Any a misdemeanor. train dispatcher, telegraph operator, engineer, fireman, flagman,
brakeman, switchman, conductor, motorman, or other employee of any steam, street, suburban or interurban railway company, who shall be intoxicated while engaged in running or operating, or assisting in running or operating any railway train, shifting engine, street or other electric car, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, in the discretion of the court.
SECTION 3797. If any person shall knowingly violate any of the negligence, etc. provisions of the law relating to mines or shall do anything
whereby the life or health of persons or the security of any mine and machinery is endangered, or if any miner or other person employed in any mine governed by the statutes shall intentionally or willfully neglect or refuse to securely prop the roof of any working place under his control, or neglect or refuse to obey any orders given by the superintendent of a mine in relation to the security of a mine in the part thereof where he is at work and for fifteen feet back of his working place, or if any miner, workman or other person shall knowingly injure any water-gauge, barometer, air course or brattice, or shall obstruct or throw open any air ways, or shall handle or disturb any part of the machinery of the hoisting engine or signaling apparatus or wire connected therewith, or air pipes or fittings, or open a door of the mine, and not have the same closed again, whereby danger is produced either to the mine or those that work therein, or shall enter any part of the mine against caution, or shall disobey any order given in pur. suance of law, or shall do any willful act whereby the lives and health of the persons working in the mines (mine) or the security of the mine or the machinery thereof is endangered, or if the person having charge of a mine whenever loss of life occurs by accident connected with the machinery of such mine or by explosion shall neglect or refuse to give notice thereof forthwith by mail or otherwise to the inspector and to the coroner of the county in which such mine is situated, or if any such coroner shall neglect or refuse to hold an inquest upon the body of the person whose death has been thus caused, and return a copy of his findings and a copy of all the testimony to the inspector, he shall be guilty of a misdemeanor, and upon conviction fined not less than fifty dollars or imprisoned in the county jail not more than thirty days, or both..
Protection of employees on street railways,
Platforms to SECTION 3800. If any city and street passenger railway company be in closed, shall refuse or fail to use vestibule fronts, of frontage not less when.
than four feet, on all passenger cars run, manipulated or transported by them on their lines during the latter half of the month of November and during the months of December, January, February and March of each year, except in cases of temporary emergency in suitable weather, not to exceed four days in any one month within the period herein prescribed for use of vestibule fronts, such company shall be guilty of a misdemeanor and shall
be subject to a fine of not less than ten dollars or more than one Proviso. hundred dollars for each day: Provided, That said companies
shall not be required to close the sides of said vestibules. The
North Carolina corporation commission is hereby authorized to make exemptions from the provisions of this section in such cases as in their judgment the enforcement of this section is unnecessary.
SECTION 3844. If any railroad company shall permit the loading Labor forbid. or unloading of any freight car on Sunday, or shall permit any
den. car, train of cars, or locomotive to be run on Sunday on any railroad, except such as may be run for the purpose of transporting the United States mails, and passengers with their baggage, and ordinary express freight in an express car exclusively, and such as may be run by law, such railroad company shall be guilty of a misdemeanor in each county in which such car, train of cars or locomotive shall run, or in which any such freight car shall be loaded or unloaded, and upon conviction shall be fined not less than five hundred dollars for each offense: Provided, that the Proviso. word Sunday in this section shall be construed to embrace only that portion of the day between sunrise and sunset; and that trains in transitu, having started on Saturday, may, in order to reach the terminus or shops, run until nine o'clock a. m. on Sunday, but not later, nor for any other purpose than to reach the terminus or shops.
Bureau of labor and printing. SECTION 3909. A bureau of labor and printing is hereby created Bureau esand established, the duties of which bureau shall be exercised and tablished. discharged by a commissioner, who shall be designated as commissioner of labor and printing, and by an assistant, who shall be appointed by the commissioner, and who shall be a practical Commissionprinter. The commissioner shall be elected by the people in er, and
assistthe same manner as is provided for the election of the secretary of state. His term of office shall be four years. The office of the bureau shall be kept in the city of Raleigh and the same shall be provided for as are other public offices of the State.
Sec. 3910. The commissioner, aided by the assistant commis- Duties. sioner, shall collect and collate information and statistics concerning labor and its relation to capital, the hours of labor, the earnings of laborers and their educational, moral and financial condition, and the best means of promoting their mental and moral and material welfare; shall also collect and collate information and statistics concerning the various mining, milling and manufacturing industries in this State, their location, capacity and actual output of manufactured products, the kind and quantity of raw material annually used by them and the capital invested therein; shall also collect and collate information and statistics concerning the location, estimated and actual horsepower and condition of valuable water powers developed and undeveloped in this State; also concerning farm lands and farming, the kinds, character and quantity of the annual farm products in this State; also of timber lands and timbers, truck gardening, dairying and such other information and statistics concerning the agricultural and industrial welfare of the citizens of this State as he may deem to be of interest and benefit to the public, and shall also perform the duties of mine inspector as prescribed in chapter one hundred and three; and shall have the powers and perform the duties in relation to the public printing that are set forth in chapter one hundred and nine. The assistant commissioner shall perform the duties of the commissioner in his absence from office or in case of a vacancy therein.
SEC. 3911. The commissioner shall annually publish a report Report. embodying therein such information and statistics as he may deem expedient and proper, which report shall be printed and paid for by the State just as the reports of other public officers are printed and paid for. The number of copies of said report to be printed to be designated by the commissioner. The distribu
tion of the reports will be paid for from the general fund and not from the appropriation. The commissioner shall send or cause to be sent a copy of the report to every newspaper in this State and a copy to each member of the general assembly; a copy to each of the several State and county officers; a copy to each labor organization in the State and a copy to any citizen who may apply for the same either in person or by mail, and he may also send a copy to such officers of other States and Territories and to such corporations or individuals in other States and Territories as may apply for the same or as he may think proper. He shall also make a full report to the governor as other State officers are required to do, embodying therein such recommendations as he may deem calculated to promote the efficiency of his department
Mine regulations. Employment SECTION 4931, No minor under twelve years of age shall be alof children.
lowed to work in any mine, and in all cases of minors applying for work the agent of such mine shall see that the provisions of this section are not violated; and the inspector may, when doubt exists as to the age of any person found working in any mine, examine
under oath such person and his parents, or other witnesses, as to Timber. SEC. 4932. The owner, agent or operator of every coal mine shall
keep a supply of timber constantly on band, and shall deliver the same to the working place of the miner, and no miner shall be held responsible for accident which may occur in the mine where the provisions of this section have not been complied with by the owner, agent or operator thereof, resulting directly or indirectly
from the failure to deliver such timber. Fencing of SEC, 4933. All underground entrances to any place not in actual . entrances.
course of working or extension shall be properly fenced across the whole width of such entrance so as to prevent persons from inad
vertently entering the same. Es ca pe Sec. 4934. No owner or agent of any coal mine worked by shaft shaft.
shall permit any person to work therein unless there are, to every seam of coal worked in such 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 the mine; but it is not necessary for the two outlets to belong to the same mine if the persons employed therein have safe, ready and available means of ingress or egress by not less than two openings. This section shall not apply to opening a new mine while being worked for the purpose of making communications between said two outlets, so long as not more than twenty persons are employed at one time in such mine; neither shall it apply to any mine or part of a mine in which the second outlet has been rendered unavailable by reason of the final robbing of pillars previous to abandonment, as long as not more than twenty persons are employed therein at any one time. The cage or cages and other means of egress shall at all times be available for the persons employed when there is no second outlet. The escapement shafts shall be fitted with safe and available appliances, which shall always be kept in a safe condition, by which the persons employed in the mine may readily escape in case an accident occurs; and in no case shall an air shaft with a ventilating furnace at the bottom be construed to be an escapement shaft within the meaning of this section. To all other coal mines, whether slopes or drifts, two such openings or outlets must be provided within twelve months after shipments of coal have commenced from such mine; and in case such outlets are not provided as herein stipulated, it shall not be lawful for the agent or owner of such slope or drift to permit
more than ten persons to work therein at any one time. Hoisting en- SEC. 4935. No owner or agent of any mine operated by a shaft or gineers.
slope shall place in charge of any engine lised for lowering into or hoisting out of mines persons employed therein any but experi
onced, competent and sober engineers, and no engineer in charge of such engine shall allow any person except such as may be deputed for such purposes by the owner or agent to interfere with it or any part of the machinery, and no person shall interfere or in any way intimidate the engineer in the discharge of his duties, and in no case shall more than two men ride on any cage or car at one time, and no person shall ride upon a loaded cage or car in any shaft or slope.
SEC. 4936. The owner or agent of any coal mine, whether shaft, Ventilat::a. slope or drift, shall provide and maintain for every such mine an amount of ventilation of not less than one hundred cubic feet 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 airway, and all break throughs or airways, except those last made near the working places of the mine, shall be closed up by brattice trap-doors, or otherwise so that the currents of air in circulation in the mine may spread to the interior of the mine when the persons employed in such mine are at work, and all mines governed by this chapter shall be provided with artificial means of producing ventilation, such as forcing or suction fans, exhaust steam furnaces, or other contrivances of such capacity and power as to produce and maintain an abundant supply of air, and all mines generating fire damp shall be kept free from standing gas.
SEC. 4937. Every working place shall be examined every morn- Examinat:35. ing with a safety lamp by a competent person before any of the workmen are allowed to enter the mine.
All safety lamps used in examining mines, or for working Safety lam:3. therein, shall be the property of the operator of the mine, and a competent person shall be appointed, who shall examine every safety lamp before it is taken into the workings for use, and ascertain it to be clean, safe and securely locked, and safety lamps shall not be used until they have been so examined and found safe and clean and securely locked, unless permission be first given by the mine foreman to have the lamps used unlocked. No one, except the duly authorized person shall have in his possession a key, or any other contrivance, for the purpose of unlocking any safety lamp in any mine where locked lamps are used. No matches or any other apparatus for striking lights shall be taken into any mines, or parts thereof, except under the direction of the mine foreman,
SEC. 4938. The mine foreman shall measure the ventilation at Air to be least once a week, at the inlet and outlet, and also at or near the measured. face of all the entries, and the measurement of air so made shall be noted on blanks furnished by the inspector; and on the first day of each month the mine boss of each mine shall sign one of such blanks, properly filled with the said actual measurement, and present the same to the inspector. SEC. 4939. The owner, agent or manager of any mine shall
Notice to in
spector. give notice to the inspector in the following cases: 1. When any working is commenced for the purpose of opening a new shaft, slope or mine, to which this chapter applies. 2. When any mine is abandoned, or the working thereof discontinued. 3. When the working of any mines is recommended after an abandonment or discontinuance for a period exceeding three months. 4. When a squeeze or crush, or any other cause or change, may seem to affect the safety of persons employed in the mine, or when fire occurs.
SEC. 4940. The owner, agent or manager of every mine shall, Accidents. within twenty-four hours next after any accident or explosion, whereby loss of life or personal injury may have been occasioned, send notice, in writing, by mail or otherwise, to the inspector, and shall specify in such notice the character and cause of the accident, and the name or names of the persons killed and injured, with the extent and nature of the injuries sustained. When any personal injury of which notice is required to be sent under this
section results in the death of the person injured, notice in writing shall be sent to the inspector within twenty-four hours after such death comes to the knowledge of the owner, agent or manager; and when loss of life occurs in any mine by explosion, or accident, or results from personal injury so received, the owner, agent or manager of such mine shall notify the coroner of the county in which such mine is situated, and the coroner shall hold an inquest upon the body of the person whose death has been caused, and inquire carefully into the cause thereof, and return a copy of the
finding of the jury and all the testimony to the inspector. Reports by SEC. 4941. The owner, lessee or agent in charge of any mine, owners, etc.
any limestone quarry, or who is engaged in mining or producing any mineral whatsoever in this State, shall, on or before the thirtieth day of November in every year, send to the office of the inspector upon blanks to be furnished by him a correct return, specifying with respect to the year ending on the preceding first day of October the quantity of coal, iron ore, fire clay, limestone or other mineral product of such mine or quarry, and the number of persons ordinarily employed in or about such mine or quarry below and above ground, distinguishing the persons and labor
below ground and above ground. Liability. SEC. 4942. For any injury to person or property occasioned by
any willful violation of this chapter, or any willful failure to comply with its provisions, by any owner, agent or manager of the mine, a right of action shall accrue to the party injured for any damage he may have sustained thereby; and in any case of loss of life by reason of such willful neglect or failure aforesaid, a right of action shall accrue to the personal representative of
the deceased, as in other actions for wrongful death. Inspector. SEC, 4943. The commissioner of labor and printing shall perform
the duties of mine inspector as provided in this chapter. Duty of in- SEC. 4944. It shall be the duty of the inspector to examine all spector.
the mines in the State as often as possible to see that all the provisions and requirements of this chapter are strictly observed and carried out; he shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air,
drainage and general security. Access to Sec. 4945. For the purpose of making the inspection and exami
nations provided for in this chapter, the inspector shall have the right to enter any mine at all reasonable times, by night or by day, but in such manner as shall not unnecessarily obstruct the working of the mine; and the owner or agent of such mine is hereby required to furnish the means necessary for such entry and inspection; the inspection and examination herein provided for shall
extend to fire-clay, iron ore and other mines as well as coal mines. Investigation SEC. 4946. Upon receiving notice of any death resulting from of accidents. accident it shall be the duty of the inspector to go himself, or
send a representative, at once to the mine in which said death occurred and inquire into the cause of the same, and to make a written report fully setting forth the condition of the part of the mine where such death occurred and the cause which led to the same; which report shall be filed by the inspector in his office as
a matter of record, and for future reference. Records. SEC. 4947. He shall make a record of all examinations of mines,
showing the date when examination (was) made, the conditions in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this chapter, number of accidents, injuries received or deaths in or about the mines, the number of mines in the State, the number of persons employed in or about each mine, together with all such other facts and information of public interest, concerning the condition of mines, development and progress of wining in the State as he may think useful and proper, which record shall be filed in the office of the inspector, and as much thereof as may be of public interest to be included in his annual report.