Such iuspector shall, before entering upon the duties of his office, take and subscribe an oath of office that he will honestly and to the best of his skill and understanding perform the duties of boiler inspector for Montana.

SEC. 2. No person shall be eligible to hold the office of inspector of boilers and steam machinery who has not had at least five years' actual practice in the operation of steam engines and steam boilers, or who is directly or indirectly interested in the manufacture or sale of boilers or steam machinery, or any patented article required to be sold or in general use in the construction of steam boilers or steam engines, or who is not of good moral character and temperate habits, and suitably qualified by experience with steam boilers and machinery so as to enable him to perform the duties of the office; Provided, however, That nothing contained in this section of this act shall be construed so as to prevent the invention, patenting or sale of any article or mechanical appliance so invented and patented by such inspector, after his appoint

ment to office.

SEC. 3. There shall also be an assistant inspector, to be called the assistant inspector of boilers. Such assistant inspector shall be a person who has had at least four years' experience in practical running and operation of steam engines and boilers, and he shall be a person of temperate habits and good character, and qualified by experience to perform the duties of his office. He shall be ap. pointed by the governor, by and with the advice and consent of the council, and shall be subject to removal at the will of such governor. He shall receive as compensation for his services the sum of one hundred and fifty (150) dollars per month. Such assistant inspector shall take an oath and shall be required to execute a bond, for the faithful performance of the duties of his office, in the sum of twenty-five hundred (2,500) dollars, and said bond shall be filed with and approved by the territorial secretary.

SEC. 4. The inspector of boilers and the assistant inspector, shall within twenty days after their appointment and qualification, meet at the capitol and establish an office and adopt rules and regulations as nearly uniform as possible for the inspection of steam boilers and machinery, and prescribe the nature and extent of the examination of applicants for licenses, and adopt such rules for the issuing thereof as shall be required by the provisions of this act, and they shall also generally adopt and make such other rules and regulations as they may deem necessary to fully and effectually carry into effect the provisions of this act. They shall cause at least five hundred copies of such rules to be printed in convenient form and distribute copies thereof amongst the engineers of Montana, and to all superintendents of mines and mining companies.

SEC. 5. The said inspector of boilers shall inspect all steam

boilers or steam generators before the same shall be used, except in the case of new boilers, which shall be inspected within ninety (90) days after they are put in use, unless accompanied by a certificate that such boiler has been inspected by a regular state inspector, and all boilers shall be inspected once at least in every year thereafter. And the inspector of boilers shall subject all boilers to hydrostatic pressure, and shall satisfy himself, by a thorough internal and external examination, that the boilers are well made and of good and suitable materials; that the openings for the passage of water and steam, respectively, and all pipes and tubes exposed.to heat are of the proper dimensions and free from obstructions; that the flues are circular in form; that the fire line of the furnace is at least two inches below the prescribed minimum water line of the boilers; that the arrangement for delivering the feed water is such that the boilers cannot be injured thereby, and that such boilers and their steam connections may be safely employed without danger to life. He shall also satisfy himself that the safety valves are of suitable dimensions, sufficient in number and area and properly arranged and that the safety valve weights are properly adjusted, so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate; that there are a sufficient number of guage cocks properly inserted to indicate the amount of water, and suitable guages that will correctly record the pressure of steam; and adequate and certain provisions for an ample supply to feed the boilers at all times, and that suitable means for blowing out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers when they are under pressure of steam. In subjecting boilers to the hydrostatic test, the inspector shall assume one hundred and twenty-five (125) pounds to the square inch as the maximum pressure allowable as a working pressure for new boilers of forty-two inches in diameter, made in the best manner of plates one-fourth of an inch thick and of good material; but the inspector shall rate the working power of all high-pressure boilers according to their strength as compared with this standard, and in all cases, the test applied shall exceed the working pressure allowed, in the ratio of one hundred (100) to seventy-five (75). Should the inspector be of the opinion that any boiler, by reason of its construction or material, will not safely allow so high a working. pressure, or will allow a greater working pressure than is herein provided, he may, for reasons to be stated specifically in his certificate, fix the pressure of such boiler at more or less than three-fourths (34) of the test pressure, as the case may be. No boiler or steam pipe, nor any of the connections thereto, shall be approved which is made in whole or in part of bad material, or is unsafe from any cause. Nothing herein shall be construed to prevent the use of any boiler or steam generator which may not be constructed of riveted iron or steel plates, when the inspector

has satisfactory evidence that such boiler or steam generator is equal in strength and as safe from explosion as boilers of the best quality constructed of iron or steel plates. Provided, in any case where for good cause the inspector is unable to make any such inspection or examination of any steam boiler, it shall be the duty of the assistant inspector to proceed and act in accordance with the requirements of this law, as fully as the inspector is hereby empowered and directed to do.

SEC. 6. In addition to the annual inspection, it shall be the duty of the inspector, or of the assistant inspector, to examine at proper times, when in their opinion such examination shall become necessary, all such boilers as shall become unsafe from any cause, and to notify the owner, or the person using such boilers of any defect and what repairs are necessary to render them safe. In case of failure to comply with the requirements of said inspector or assistant inspector, the owner or person using such boiler shall be liable to a fine not exceeding five hundred (500) dollars and liable for any damage to person or property resulting therefrom.

SEC. 7. It shall be the duty of the owners or managers of steam boilers mentioned in this act, to allow said inspectors free access to the same, and it is hereby made the duty of engineers operating the same to assist the inspectors in their examinations and to point out any defects they may know in the boilers or machinery in their charge. Any engineer not complying with this section shall be subject to have his license revoked or be suspended.

SEC. 8. No person shall be granted a license to operate steam boilers or steam machinery under the provisions of this act who has not been examined by an inspector and found competent to perform the duties of an engineer and receive from such inspector a written or printed license so to act. Any person who shall operate any steam boiler or steam engines without first obtaining a license from an inspector or assistant inspector, shall be deemed guilty of a misdemeanor, and shall be fined not to exceed fifty (50) dollars, or imprisonment in the county jail-for not more than thirty (30) days. Engineers shall be divided into three classes, namely: Firstclass engineers, second-class engineers, third-class engineers. No license shall be granted to any person to perform the duties of "first-class engineer" who has not taken and subscribed an oath that he has had at least three years' experience in the operation of steam boilers and steam machinery, or whose knowledge or experience is not such as to justify the belief that he is competent to take charge of all classes of steam boilers and steam machinery. No license shall be granted to any person to act as "second-class engineer" who has not taken and subscribed an oath that he has had at least two years' experience in the operation of steam boilers and steam machinery, and whose experience and habits of life are

such as to warrant the belief that he is competent to take charge of all classes of steam boilers and steam machinery, not exceeding one hundred (100) horse power. No license shall be granted to any person to act as "third-class engineer" who has not served at least one (1) year as fireman under a competent engineer, and found upon examination to be sufficiently acquainted with the duties of an engineer, to warrant the belief that he can safely be trusted with steam boilers and steam machinery, not exceeding twenty (20) horse power. All firemen who have charge of steam boilers, as to the regulation of the feed water, etc., and where the boilers are so situated as not at all times to be under the eye of the engineer in charge, shall be required to pass a "third-class engineer's" examination and procure the same license. Whenever complaint is made against an engineer holding a license from the territorial inspectors, that he has through negligence, want of skill, or inattention to duty, permitted his boiler to burn, or otherwise to become in bad condition, or that he has been found intoxicated while on duty, it shall be the duty of the inspector or assistant inspector to make a thorough investigation of the charge, and upon satisfactory proof of such charge to revoke the license of such engineer, provided nothing in this section contained shall permit the assistant inspector to issue any license certificate to a first-class engineer without first submitting the recommendation that such certificate be issued to the approval of the inspector and securing his approval and consent thereto. The inspector and the assistant inspector shall, as often as convenient, publish a notice in some suitable newspaper, stating upon what days they will be in certain specified localities, and that they will then, and at the time and place specified in such notice, receive applications and make examinations for the purpose of granting engineers certificates, and that they will, also, on or about said specified times, examine all boilers subject to inspection in the vicinity of the place where such notice may be published.

SEC. 9. In making the inspection of boilers and machinery herein provided for, the inspectors may act jointly or separately; but the inspector or assistant inspector, making such inspection, shall, in all cases, subscribe and make oath to the certificate of inspection, and report such action. Any inspector or assistant inspector who shall wilfully certify falsely regarding any steam boilers or their attachments, or shall grant a license to any person to act as engineer, contrary to the provisions of this act, shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars ($500), or imprisonment not exceeding one (1) year in the territorial prison, or both, at the discretion of the court.

SEC. IO. The inspector or assistant inspector shall be authorized to charge a fee of ten (10) dollars for the inspection of each single boiler and its steam connections, and five (5) dollars for each additional boiler, when connected, said fee payable at the time of

the delivery of the inspector's certificate of inspection. The fee for the examination of applicants for engineer's license shall be seven dollars and fifty cents ($7.50) for first-class engineers, five (5) dollars for second-class engineers, and three (3) dollars for thirdclass engineers; which said fee shall be paid at the time of application for license. In case of the failure of an applicant to pass a successful examination, three (3) months must elapse before he can be again examined as an applicant for license herein in the class for which he was examined: Provided, That the said inspector may grant to an applicant a lower grade of license than that applied for upon such examination. All certificates of inspection and engineer's licenses shall be displayed in some conspicuous place in the engine room.

SEC. 11. If any person who has applied for a license as a first, or second, or third-class engineer under the provisions of this act and been rejected, feels aggrieved, he may at any time after the lapse of ten days, and within ninety days after the day of his rejection, by petition in writing, set forth the causes for his grievance and demand another examination. Such petition shall be addressed to and served upon the inspector, and shall be duly verified by the rejected applicant, and shall be accompanied by the required fee for a second examination. Within two days after receiving such petition and fee, it shall be the duty of the inspector of boilers to notify the applicant in writing, that on a day certain, which shall be not less than five nor more than forty days after the day of the service of the petition upon such inspector, he will be ready to grant him another examination. At least two days before the day set for such examination the applicant shall designate in writing to such inspector, an engineer holding a certificate of equal grade with the one such applicant may ask re-examination for, whom he will have present upon the day and at the hour fixed for his re-examination. Upon the same day, or any day prior to the date set for such examination such inspector and selected engineer shall in writing agree upon and designate and notify a third disinterested engineer holding a license equal in grade to the rejected applicant's, to sit with them on the day set for such re-examination as an examining board to re-examine such rejected applicant for a certificate of the class he may have applied for and been rejected. Upon the day and hour set for such re-examination all three of such board, that is, the inspector and the engineer selected by the applicant and the engineer agreed upon by them, shall proceed to carefully re-examine such applicant and fully and fairly test his qualifications and capabilities to receive a license such as he may apply for. After such examination is completed, if a majority of such board decide that such applicant is entitled to the license he has applied for, or any license of any inferior grade, the inspector shall without delay issue a certificate accordingly; but if a majority of such board reject such applicant,