succeeding the year for which it was made, and such report shall be printed upon the requisition of the governor and in order that the report shall be annually printed and distributed among the operators, miners and citizens of the State, the sum of fifteen hundred dollars annually is hereby appropriated out of the State treasury for this special purpose.

SEC. 4. The chief of the department of mines, by and with the Districts. approval of the governor, shall within thirty days after this act becomes a law, divide the State into twelve mining districts in such a manner as to equalize as far as practicable the work of each district inspector.

SEC. 5. The operator or agent of every coal mine shall, within Maps. six months after the passage of this act, make or cause to be made, unless already made and filed, an accurate map or plan of such mine, on a scale to be stated thereon, of one hundred or two hundred feet to the inch; such map or plan shall show the openings or excavations, the shafts, slopes, entries, air ways with darts or arrows showing direction of air currents, headings, rooms, pillars, etc., and such portions of such mine or mines as may have been abandoned, the general inclination of the coal strata, and so much of the property lines and the outcrop of the coal seam of the tract of land on which said mine is located, as may be within one thousand feet of any part of the workings of such mine; a true copy of such map or plan, shall within the six months aforesaid be delivered by such operator to the inspector of his district, to be preserved among the records of his office and turned over to his successor in office; but it is provided that in no case shall any copy of the same be made without the consent of the operator or his agent; and the original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector, and such operator shall, twice within every twelve months, and not more than seven months apart, while the mine is in operation, cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property lines and outcrop as above provided; and he shall immediately thereafter notify the inspector of his district who shall forward to the said operator, or his engineer the maps held by such inspector to be extended as above required.

SEC. 6. If the operator or agent of any coal mine shall neglect Failure to or fail to furnish to the mine inspector of his district any copy furnish maps. of map or extension thereof as provided in preceding section of this act, the mine inspector is hereby authorized to cause a correct survey and map or plan of said coal mine or the extension thereof to be made at the expense of the operator of such mine, the cost of which shall be recoverable from said operator as other debts are recoverable by law; and if at any time the chief of the department of mines have reason to believe that such map or plan or extension thereof furnished in pursuance of the preceding section, be materially incorrect such as will not serve the purpose for which it was intended, he may have survey and map or plan or the extension thereof made or corrected and the expense of making such survey and map or plan or extension thereof under the direction of said chief of the department of mines, shall be paid by the operator and the same may be collected as other debts are recoverable by law; and if found correct the expense thereof to be paid by the State.

SEC. 7. After the passage of this act each operator of a coal New openings. mine, before making any additional mine openings, shall fur

nish the district mine inspector of the district in which the mine

is located, a plan of the proposed openings and mine development.

SEC. 8. After six months from and after the passage of this Duty of mine act, it shall be the duty of the mine foreman or the assistant foremen. mine foreman of every coal mine in this State to see that every person employed to work in such mine shall, before beginning to work therein, be instructed as to the particular danger, incident

43967-0888

men.

to his work in such mine, and furnished a copy of the mining law and rules of such mine.

Inexperi Every inexperienced person so employed shall work under the enced work direction of the mine foreman, his assistant or such other experienced worker as may be designated by the mine foreman or assistant until he is familiar with the danger, incident to his work, and it shall be unlawful for the operator, agent or mine foreman of any coal mine, to employ any person to work in said mine, or permit any persons to be in said mine for the purpose of working therein, unless they are in communication with at Two outlets. least two openings or outlets, separated by natural strata, of not less than one hundred feet in breadth, if the mine be worked by shaft, and of not less than fifty feet in breadth at the outlets, if worked by slope or drift; to each of said outlets there shall be provided from the interior of the mine, a safe and available roadway properly drained, which shall at all times, while the mine is in operation, be kept free from all obstructions that might prevent travel thereon in case of an emergency, and if either of said outlets be by shaft, it shall be fitted with safe and available appliances, such as stairs or hoisting machinery, which shall at all times, when the mine is in operation, be kept in order and ready for immediate use, whereby persons employed in the mine may readily escape in case of an accident.

Application.

tubes.

This section shall not apply to any mine while work is being prosecuted with reasonable diligence in making communication between said outlets, necessary repairs and removing obstructions, so long as not more than twenty persons are employed at any one time in said mine; neither shall it apply to any mine, or part of a mine, in which a second outlet has been rendered unavailable by reason of the final robbing of pillars, preparatory to abandonment, so long as not more than twenty persons are employed therein at any one time.

For violation of this section the operator, agent or mine foreman, shall, upon conviction, be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court.

Speaking SEC. 9. The operator or agent of every coal mine worked by shaft shall forthwith provide, and hereafter maintain, a metal tube from the top to the bottom of such shaft suitably adapted to the free passage of sound through which conversation may be held between persons at the top and at the bottom of the shaft, also the ordinary means of signaling, and an approved safety catch and a sufficient cover overhead on every carriage used for lowering or hoisting persons, and at the top of the shaft an improved safety gate, and an adequate brake on the drum of every machine used to lower or hoist persons in such shaft; and the said operator or agent shall have the machinery used for lowering or hoisting persons into or out of the mine kept in safe condition and inspected once in each twenty-four hours, by some competent person; and there shall be cut out or around the side of hoisting shaft or driven through the solid strata at the bottom thereof a traveling way of not less than five feet high and three feet wide to enable a person to pass the shaft in going from one side of it to the other without passing over or under the cage or other hoisting apparatus.

Hoists.

Hoisting engineer.

Any operator or agent who shall fail or refuse to comply with the requirements of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than one year, in the discretion of the court.

SEC. 10. No operator or agent of any coal mine, worked by shaft or slope, shall place in charge of any engine, used for lowering into or hoisting out of said mine persons employed therein, any but competent and sober engineers; and no engineer in charge of such machinery shall allow any person except such as may be deputed for that purpose by the operator or agent, to interfere

with any part of the machinery; and no person shall interfere with or intimidate the engineer in the discharge of his duties; and in no case shall more than ten persons ride on any cage or car at one time, and no person shall ride on a loaded cage or car in any shaft or slope.

All slopes, engine planes or motor roads used by persons in any Slopes, etc. mine, shall be made of sufficient width to permit persons to pass moving cars with safety, or refuge holes of ample dimensions, and not more than sixty feet apart, shall be made on one side of said slope, engine plane or motor roads; such refuge holes shall be kept free from obstructions, and the roof and side thereof shall be made secure and be kept whitewashed at all times; no person shall travel on foot to or from his work upon any slope, engine plane or motor roads when other good roads are provided for that purpose.

For violation of the foregoing provisions of this section the operator or agent or miner shall, upon conviction, be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court.

SEC. 11. The operator, agent or mine foreman of every coal Ventilation. mine, whether worked by shaft, slope or drift, shall provide and hereafter maintain for every such mine ample means of ventilation, affording no less than one hundred cubic feet of air per minute for each and every person employed in such mine, and as much more as the district mine inspector may require, which shall be circulated around the main headings and cross headings and working places, to an extent that will dilute, render harmless and carry off the noxious and dangerous gases generated therein; and as the working places shall advance break throughs for air shall be made not to exceed eighty feet apart in pillars, or brattice shall be used, so as to properly ventilate the face, and all the break throughs between the intake and return air ways not required for the passage of air shall be closed with stoppings substantially built with suitable material, which shall be approved by the district mine inspector, so as to keep the working places well ventilated.

After six months from the passage of this act, not more than sixty persons shall be permitted to work in the same air current: Provided, That a larger number, not exceeding eighty persons may be allowed by the district mine inspector where, in his judgm[e]nt, it is impracticable to comply with the foregoing requirement.

No operator, agent or mine foreman shall permit any person to work where they are unable to maintain at least one hundred cubic feet of air per minute, but this shall not be construed to prohibit the operator from employing men to make the place of employment safe and to comply with this requirement: Provided, further, That while the repair work necessary to get the mine in condition to comply with the law [sic], no person or persons shall be permitted to enter that part of the mine affected except those actually employed in doing the necessary repair work.

In all mines, accumulation of fine dry coal dust, shall as far as Sprinkling. practicable, be prevented and such dust shall be kept properly watered down.

For violation of the foregoing provisions of this section the operator, agent or mine foreman, shall upon conviction, be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court.

No miner or other employee shall take into any mine in this Powder. State any larger quantity of powder or other explosive than he may reasonably expect to use in any one shift, and all powder shall be carried into the mine in metallic cannisters [canisters] of a capacity not to exceed five pounds; any person violating this

provision shall upon conviction, be fined five dollars for each offense or imprisoned in the county jail not exceeding ten days.

SEC. 12. In all mines generating fire damp and where there is every reason to believe that gas will be encountered in the future workings and developments of the mine, the minimum ventilation shall be one hundred and fifty cubic feet per minute for each and every person employed therein and as much more as one or more of the district mine inspectors may deem requisite and all stoppings on the main entries shall be substantially built with suitable material, which shall be approved by the district mine inspector, so as to keep the working places well ventilated; doors on main haul ways shall be avoided in gaseous mines where practicable, and overcasts built of masonry or other incombustible material and of ample strength shall be adopted, and where doors are used they must be built in a substantial manner and hung so as to close automatically when unobstructed.

For violation of the foregoing provisions of this section the operator, agent or mine foreman, shall upon conviction, be fined not less than fifty nor more than five hundred dollars or be impris oned in the county jail not less than ten nor more than ninety days, in the discretion of the court.

All old unused workings and abandoned parts of the mines must be protected by such safeguards as will prevent the dangerous overflow of any standing gas therein, and all avenues leading thereto shall be so arranged and conducted so as to give cautionary notice to all such workmen in such mines of the danger in entering therein; and in order to secure the safety of the workmen in general against the danger in said abandoned or worked out parts of the mines, notices shall be put up and kept standing, as far as practicable, which shall afford warning to all such workmen not to enter such parts of said mine; and in addition thereto, all persons, other than those specially charged with that duty, are hereby forbidden to enter such abandoned parts of such mines where gas may be found.

It shall be unlawful for any miner, after having exploded in any working place sixty cubical inches or more of powder, in one or more blasts, in any mine known to generate gas in large quantities, to enter such working place and attempt to resume work in any manner whatever with a naked light in less than twenty minutes after the blast has been exploded.

And for violation of these provisions of this act, such person or persons so offending shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than one hundred dollars and be confined in the county jail not less than ten days nor more than one year. In all mines where explosive gas, or other gas of a dangerous or poisonous nature, is known to generate in dangerous quantities, the workmen shall be immediately instructed to withdraw from the mine in case of the stoppage of the fan, or heavy falls of the roof which may obstruct the main intake or return air way until such obstruction is removed.

SEC. 13. And it shall be unlawful in all mines where gas is being generated in dangerous quantities to use any other mechanical power for ventilation purposes except fan power, and the fan shall be kept in operation night and day unless written permission be granted by the chief of the department of mines or the district mine inspector in whose district the mine is situated; but no mine operator shall be required to keep such fan going where it is necessary to shut down for the purpose of repairing machinery or doing other work in the mines which may make it

necessary.

It shall be the duty of every mine owner or operator in this State whose mine or mines are known to generate fire damp or other dangerous gas or gases, in dangerous quantities to employ a "fire boss" or "bosses" where necessary, who shall be a citizen or citizens of this State, and have such knowledge of fire damp and other dangerous gases as to be able to detect the same with

the use of safety lamps, and shall have a practical knowledge of the subject of the ventilation of mines and the machinery and appliances used for that purpose, and be a person with at least three years' experience in mines generating gases; it shall be the duty of said fire boss or bosses where employed in said gaseous mines to prepare a danger signal with suitable color at the mine entrance, and no person except the mine owner, operator or agent, and only then in case of necessity, shall pass beyond this danger signal until the mine has been examined by the fire boss, and the same or certain parts thereof reported by him to be safe; it shall further be the duty of said fire boss or bosses to go into all the working places of such mine or mines where gas is known to exist, or liable to exist in dangerous quantities, and carefully examine the same with a safety lamp, and do, or cause to be done, whatever may be necessary to remove from such working place or places, all dangerous gases and make the same safe for persons to enter therein as workmen in such mine or mines; such examination and removal of said gases shall begin within three hours before the time each shift commences work and it shall be the duty of the said fire boss at each examination to leave evidence of his presence at the face of every working place examined, and if the mine is safe he shall remove the danger signal, or change the color thereof to safety, in order that the employees may enter said mine and begin work; in the performance of the duties on the part of the fire boss or bosses they shall have no superior officer, but all the employees working inside of said mine or mines shall be subordinate to said fire boss or bosses in this particular work; the fire boss shall upon having completed the examination of the mine before each shift, make a written record of the condition of the mine within a book having a form prescribed by the chief of the department of mines, which record shall at all times be kept at the mine subject to the inspection of the district mine inspector or chief of the department of mines; it shall be unlawful for any person to enter said mine or mines for any purpose at the beginning of work upon each shift therein until such signal or warning has been given by said fire boss or bosses on the outside of said mine or mines as to the safety thereof, as herein provided, except under the direction of said fire boss or bosses, and then for the purpose of assisting in making said mine safe; and each person who shall enter such mine except as aforesaid, before such notice or signal has been given, or any operator, agent or fire boss who shall violate the provisions of this section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned in the county jail not less than sixty days nor more than one year.

SEC. 14. Mines in which explosive gas is generated in dangerous Safety lamps. quantities from the coal or adjacent strata shall be worked exclusively by the use of locked safety lamps, and no open lamp nor torch shall be used except as may be permitted in writing by the district mine inspector; the safety lamps used for examining any mine or which may be used for working therein, shall be furnished by, and be the property of the operator of the mine, and shall be in the charge of some person to be designated by the "fire boss" and at least two safety lamps shall be kept at every coal mine whether such mine generates fire damp or not.

Any operator, agent or other person who shall fail or refuse to comply with the requirements of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than one year, in the discretion of the court.

Mine fore

SEC. 15. In order to better secure the proper ventilation of every coal mine and promote the health and safety of persons employed man. therein, the operator or agent shall employ a competent and practical inside overseer, to be called mine foreman, who shall be a