superior offi -unlawful, each any person to been until signal said safety; ex enter mine given as to cept, etc. before signal the part of the fire boss or bosses they shall have no to have no superior officer, but all the employes working inside cer. of said mine or mines shall be subordinate to said fire boss or bosses in this particular work. It shall be unlawful for any person to enter said mine or mines when, for for any purpose at the beginning of work upon shift therein until such signal or warning has given by said fire boss or bosses on the outside of mine or mines as to the safety thereof, as herein vided, 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 -penalty such mine before such notice or signal has been given for entering shall be guilty of a misdemeanor, and upon conviction is given. thereof shall be fined not less than fifty dollars nor more than five hundred dollars, and imprisoned in the county jail not less than sixty days nor more than one year. In all mines generating fire damp, accumula- -provision tions of fine, dry coal dust shall, as far as practicable, as to dry be prevented, and such dust shall, whenever necessary, mines generbe kept properly watered down. The safety lamps damp. used for examining any mine or which may be used for -safety working therein, shall be furnished by, and be the lamps used property of, the operator of the mine, and shall be in ing mines. charge of some person to be designated by the "Fire Boss," and at least one safety lamp shall be kept at every coal mine whether such mine generates fire damp or not. coal dust in ating fire for examin boss" oper ploy. duties. 11. In order to better secure the proper ventilation "Mining of every coal mine and promote the health and safety ator or agent of persons employed therein, the operator or agent must emshall employ a competent and practical inside overseer, to be called "mining boss," who shall be a citizen -qualifiof this State and an experienced coal miner, cations and or any person having three years experience in a coal mine, who shall keep a careful watch over the ventilating apparatus and the airways, traveling-ways, pumps and drainage; and shall see that, as the miners advance their excavations, proper break-throughs are made to properly ventilate the mine, and that all loose coal, slate and rock over head in the working places and along the haul-ways be removed or carefully secured so as to prevent danger to persons employed in such mines; and that sufficient props, caps and timbers, as nearly as possible of suitable dimensions, are furnished for the places where -workmen in want of props, etc., must notify such boss; when and how. -emergency order. -duty of miner. -further when. they are to be used; and such props, caps and timbers shall be delivered and placed at such point as the rules for the government for each respective mine provide for them to be delivered; and every workman in want of props, cap pieces and timbers shall notify the mining boss, or such other person who may be designated for that purpose, at least one day in advance, giving the length and number of props or timbers and cap pieces he requires; but in case of an emergency the timbers may be ordered immediately upon the discovery of any danger; and it shall be the duty of each miner to properly prop and secure his place in order to make the same secure for him to work therein. The duties of said mine boss shall have all water drained or hauled "mine boss," out of the working places where the same is practicable, before the miners enter, and said working places lept dry as far as practical while the miners are at work. And in mines in which the operations are so extensive that all the duties devolving upon the mine boss cannot be discharged by one man, competent persons having had two years' experience in a coal mine may be designated and appointed as assistants, whe shall act under the mine boss' instructions, and whoshall be responsible for their conduct in the discharge of their duties under such designation or employment. On all haul-ways, space not less than ten feet along and two feet, six inches wide, between the wagon and the rib, shall be kept open at distances not exceeding one hundred feet apart, in which shelter from passing wagons may be had. It shall further be the duty of "mine boss" the mining boss to have bore holes kept not less than twelve feet in advance of the face, and, where necessary, on sides of the working places that are being driven toward and in dangerous proximity to an abandoned mine or part of mine suspected of containing inflammable gases or which is filled with water. On all haul-ways where hauling is done by machinery of any kind, the mine boss shall provide a proper system of signals and a conspicuous light, and also for the carrying of a conspicuous light on the front car of every trip or train of cars when in motion in a mine, and when the hoisting or lowering of men OCcurs before daylight in the morning or at evening after darkness at any mine operated by shaft, the said mine boss shall provide and maintain at the shaft mouth a light of a stationary character sufficient to show the landing and all surrounding objects distinctly, and -space on haul-ways. -duty of as to bore holes. -duty of boss where hauling is done by machinery. -duty of such boss when mine is operated by shaft rate of not to be cars, cages not to erator to etc. sufficient light of a stationary character shall be located at the bottom of the shaft so that persons coming to the bottom may clearly discern the cages and other objects closely contiguous thereto. No cages -cages conon which men are riding shall be lifted or lowered at taining men; a rate of speed greater than six hundred feet per min- speed. ute. No mine cars, either empty or loaded, shall be hoisted, while men are being lowered or hoisted, -mine and no cage having an unstable self-dumping hoisted; platform shall be used for the carrying of workmen when. unless the same is provided with some device by which unstable the same can be securely locked when men are being be used, etc. hoisted or lowered into the mine. At every mine where fifty men are cmployed underground, it shall be -duty of opthe duty of the operator thereof to keep always on provide hand at the mine a properly constructed stretcher, stretchers,、 woolen and a waterproof blanket, and all necessary requisites which may be advised by the medical practitioner employed by the company, and if as many as one hundred and fifty men be employed two stretchers with the necessary equipments as above advised. The mining boss, or his assistant, shall visit and examine every working place in the mine as as practicable and as to him may seem necessary the miners of such places are at work, and shall that each and every working place shall be secured places: what by props or timbers whenever necessary, which be placed and used by the miners working therein as in this act provided, to the end that such working places shall be made safe, and the said mine boss shall not direct anyone to work in an unsafe place unless it be for the purpose of making it safe. The mining boss shall notify the operator or agent of the mine of operator, of his inability to comply with any of the requirements what. of this section, and it shall then become the duty of -duty of any operator or agent to at once attend to the matter operator, complained of by the mining boss, so as to enable him when so to comply with the provisions hereof if the same can be practicably done. "mining often duty of while boss" to visit direct and examine working shall security to provide. -to notify notified. for govern mines; oper 20. There shall be adopted by the operator of every mine in this State special rules for the government Special rules and operation of his mine or mines, covering all the ment, etc., of work pertaining thereto in and outside of the same, ator must which, however, shall not be in conflict with the visions of the mining laws of this State. Such when established shall be printed on cardboard shall be posted up in the drum-house, tipple or pro rules adopt. -such rules and to be printed; and some posted, where. -effect of notice. other conspicuous place about the mines where the same may be seen and observed by all the employes at such mines, and when said rules are so posted the such posted same shall operate as notice to all the employes at such mine of their acceptance of the contents thereof. -copy to be And it shall be the duty of each mine operator to furnish a printed copy of said rules to each of his employes when requested by either or any of them. furnished employes, when requested. Code amended. Insurance, telegraph, telephone (Senate Bill No. 55.) CHAPTER 107. AN ACT to amend and re-enact section one, seven, eight, nine, ten, eleven and thirteen of chapter thirty-four of the Code of West Virginia concerning insurance, telegraph, telephone and express companies. [Passed February 6, 1901. In effect 90 days from passage. Became a law without approval of the Governor.] Be it enacted by the Legislature of West Virginia: That sections one, seven, eight, nine, ten, eleven and thirteen of chapter thirty-four of the code of West Virginia be amended and re-enacted so as to read as follows: or ex 1. Every insurance, telegraph, telephone press company having its principal place of business in this State and incorporated by an act of the general and express assembly of Virginia passed before the twentieth day what are of June, one thousand eight hundred and sixty-three, what foreign. Or heretofore or hereafter incorporated under and pur companies; domestic, panies to returns to suant to any act of the Legislature of this State, shall be deemed a domestic company; and every other insurance, telegraph, telephone or express company, a foreign company. 7. Every foreign insurance, telegraph, telephone Foreign com- and express company doing business in this State, or make annual the agent or agents thereof, shall annually make reauditor. turns to the auditor as follows: provided, that where there are several agents of any such company in this State, the returns may be made by any one of them on behalf of all; and provided, further, that this act shall not apply to telegraph lines owned and oper -provisos. ated by railroad companies for railroad purposes only. Returns by panies, what 8. If such returns be made on behalf of any insurance company they shall show the amount of risks on foreign inall insurance made, renewed or negotiated, within this surance comState or on any subject of insurance within this State, to show. on behalf of such company, during the period for which the said returns relate. Returns from ephone com 9. If the returns be made on behalf of a telegraph or telephone company they shall show the full num- foreign teleber of miles of telegraph or telephone line used or oper- graph or telated by the said telegraph or telephone company within panies, what this State during the period for which such returns to show. relate, but in ascertaining said mileage no more than one line of wire shall be counted or measured. 10. If the returns be made on behalf of any express Returns of company they shall show the full number of miles of foreign exroad used or operated by said express company within press com this State during the period to which such returns re- to show. late. panies, what when made 11. The said returns shall be made within twenty- Such returns one days after the first day of February in every year, and what to and shall include the full amount of all risks of insur- include. ance either written or renewed, or the full number of miles of road used or operated by said express company, or the full number of miles of telegraph or telephone line used or operated by said telegraph or telephone company, during the twelve months preceding the first day of January in that year. The returns so made shall be verified by the affidavit of the officer or agent making the same. -how verified. License 13. At the time of making such returns by any for- to be paid. eign insurance, telegraph, telephone or express company, the officer or agent making the same shall pay into the treasury of the state for each insurance company, telegraph, telephone or express company, a such tax on license tax as follows: For each insurance company companies. a tax on the total amount of all risks written within the State as follows: Fire insurance companies one-fourth of one mill on each dollar; life and accident insurance companies one and one-half mills on each dollar; all companies classified as miscellaneous, including fidelity, guaranty and security companies, one tenth of one mill on each dol -rate of insurance |