Election by employer to pay compensation-Defenses. 431 432 Election by employer and employee-Remedy-Practice- 432 Workmen's compensation act-Continued. Workmen's compensation-Amendatory act-Continued. Page. 432 Rejection by employer--Effect and liability-Proof_ 432 433 Defenses available to employer----. 433 Miner's right to recover for injury-Proof____ 433 Contributory negligence of miner-Effect on recovery. 434 434 Notice of injury-Sufficiency.. 434 Disability-Permanent and partial-Increased-Review____ 434 Session laws of 1917. Department of Mines and Minerals___. Creation of Department of Mines and Minerals_. 437 437 437 Revised Statutes, 1845-Revisions Compiled and Annotated. Starr & Curtiss Statutes-Revisions Compiled and Annotated__ 473 474 475 477 ILLINOIS MINING STATUTES ANNOTATED. By J. W. THOMPSON. [Mining subjects arranged alphabetically.] ACTIONS FOR WRONGFUL DEATH. See Mining operations, page 128. BURYING DEAD MINERS. BURYING BODIES OF DEAD MINERS. REVISED STATUTES (HURD) 1874, P. 283. SEC. 22. LIABILITY OF RAILROADS, ETC., FOR BURIAL EXPENSES.-When any railroad company, stage or any steamboat, propeller, or other vessel engaged in whole or in part in carrying passengers for hire, brings the dead body of any person into this State, or any person dies upon any railroad car or in such stage, steamboat, propeller or other vessel in this State, or any person is killed by cars, or machinery of any railroad company or by accident thereto or by accident to or upon any such stage, steamboat, propeller, or other vessel, or by accident to or in or about any mine, mill or manufactory,* the company or person owning or operating such cars, machinery, stage, steamboat, propeller, or other vessel, mine, mill or manufactory shall be liable to pay the expenses of the coroner's inquest upon and burial of the deceased and the same may be recovered in the name of the County in any court of competent jurisdiction. NOTE. The original Act of February 15, 1855 (Laws 1855, p. 170), makes no reference to the dead bodies of persons killed "by accident to, in or about any mine." AMENDATORY ACT. LAWS 1917, P. 341. REVISED STATUTES (HURD) 1917, P. 692. JUNE 26, 1917. NOTE. This Act amends the above section requiring the burying of the bodies of dead miners, but the only substantial change is in the following words, to be inserted, at the *: * and such death shall have been caused by the wrongful act, neglect or default of any such railroad company, stage, steamboat, propeller or other vessel owner, or of the owner of any mine, mill or manufactory. 1 CONSTITUTION. LEGISLATION FOR SAFETY OF MINERS. CONSTITUTION OF 1870, ARTICLE 4, SEC. 29. ARTICLE 4. * * * SEC. 29. It shall be the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation when the same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper. ANNOTATIONS. 1. CONSTITUTION REQUIRES LAWS PROTECTING MINERS. 2. CONSTRUCTION OF CONSTITUTIONAL PROVISION-CLASSIFICATION. 1. CONSTITUTION REQUIRES LAWS PROTECTING MINERS. The mandatory provision of this section requires the general assembly to give coal operators special legislative protection against the hazards and perils peculiar to the mining business. Kellyville Coal Co. v. Strine, 217 Ill. 516; Cook v. Big Muddy-Carterville Mining Co., 249 Ill. 41; The constitution requires the general assembly to pass such laws as may be necessary for the protection of operative miners and a statute passed pursuant to such constitutional provision should be given meaning in harmony with the purpose where the language used will admit of such construction. Robertson v. Donk Bros. Coal & Coke Co., 143 Ill. App. 391 p. 394. The constitution authorizes special legislation as to mining and makes it the duty of the general assembly to provide such laws as may be necessary for the protection of miners and such appliances as may secure safety in coal mines, and courts are not required to look to other occupations and determine whether such law did or did not affect such occupations, or whether it was or was not a danger that was common to other occupations. The purpose of this amendment was to place the mining laws in a class by themselves. Mengelkamp v. Consolidated Coal Co., 173 Ill. App. 370 p. 376. The constitutional provision requiring legislative enactment for the health and safety of operative miners was deemed advisable by reason of their being exposed in their occupation to extraordinary hazards and perils different from other classes of laborers. Kellyville Coal Co. v. Strine, 217 Ill. 516; Cook v. Big Muddy-Carterville Min. Co., 249 Ill. 41; Mygatt v. Southern Coal & Min. Co., 180 Ill. App. 150 p. 158. (pp. The references to all cases in the Reporter system are shown in the Table of Cases ) only. This section enjoins legislation in the interest of miners but this is solely as respects their personal safety and reference to enactments of police regulations to promote that end. It recognizes that the business is dangerous to life and health, but it nowhere intimates that there is anything in the business which disqualifies parties engaged therein from contracting as they choose in regard to such matters, or that gives the public a use in such business. Millett v. People, 117 Ill. 294 p. 304. The constitution requires the general assembly to pass laws for the protection of operative miners by providing for ventilation and the construction of escapement shafts or other appliances as may secure safety in coal mines. Smith v. Moffat Coal Co., 151 Ill. App. 362 p. 366. Under this constitutional requirement the legislature enacted the law of 1899 for the protection of operative coal miners, which was amended in 1907 and again amended in 1911. Mygatt v. Southern Coal & Min. Co., 180 Ill. App. 150 p. 158. 2. CONSTRUCTION OF CONSTITUTIONAL PROVISION-CLASSIFICATION. Section 29 of Article IV of the constitution makes it the duty of the general assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation, the construction of escapement shafts and such other appliances as may make secure safety in coal mines. This provision requires the legislature to pass such laws as may be necessary for the purposes specified, and leaves to that body the determination of the policy of the state as to what legislation is necessary to conform to its requirements. Chicago etc. Coal Co. v. People, 181 Ill. 270 p. 272; Carterville Coal Co. v. Abbott, 181 Ill. 495 p. 500; Consolidated Coal Co. v. People, 186 Ill. 134 p. 138; Kellyville Coal Co. v. Strine, 217 Ill. 516 p. 525. This section places coal miners in a class by themselves and requires the general assembly to pass such laws as may be necessary for their protection by providing for ventilation when the same may be required and the construction of escapement shafts or other necessary appliances. The word "appliances " is very broad and includes anything applied or used as a means to an end, and this provision includes all those things which will secure safety in coal mines and is intended to secure the safety of those persons engaged in a perilous occupation and it should not receive a narrow construction, and it must be held to include all the physical conditions existing in the mine. Cook v. Big Muddy-Carterville Min. Co., 249 Ill. 41, p. 47. See Mertens v. Southern Coal Co., 235 Ill. 540; Dunham v. Black Diamond Coal Co., 239 III. 457; Cook v. Big Muddy-Carterville Mining Co., 249 Ill. 41; 3. STATUTES COMPLYING WITH REQUIREMENT-CONSTRUCTION. The statutes passed in obedience to this constitutional mandate should be herally construed towards the accomplishment of its purpose. Donk Bros. Coal & Coke Co. v. Lucas, 127 Ill. App. 61, p. 65. See Durkin v. Kingston Coal Co., 171 Pa. 193; Fulton v. Wilmington Star Min. Co., 133 Federal 193; |