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ing thereof is discontinued indefinitely. Fourth, where the working of any mine is recommended after any abandonment or discontinuance for a period of two (2) months. Fifth, where a squeeze or crush or any other cause or change may seem to affect the safety of persons employed in any mine or where fire occurs, or a dangerous body or feeder of gas is found in any mine. Sixth, for any violations of the provisions of this act by any person or persons, with names, dates and witnesses, of any neglect, intemperance, or bad conduct on the part of the district mine inspectors. Seventh, whenever the works of any mine are approaching old workings which may contain water or gas in sufficient quantity to jeopardize the life of persons employed therein. Any offense against this section, or the neglect or failure of persons so required to make reports, shall be deemed an offense against this section; and such offense shall be deemed a misdemeanor and upon conviction the party guilty of such offense shall
be subject to a fine of fifty dollars ($50) and costs. Negligence of SEC. 26. For any neglect or dereliction of duty on the part of inspectors. the chief inspector or district inspectors, he or they may be sum
marily dismissed by the governor and their successors by him
appointed to fill the vacancies thus created. Two openings Sec. 27. It shall not be lawful for the operator, superintendent required, when. or mine foreman of any mine to employ more than twenty (20)
persons within said mine or permit more than twenty (20) persons to be employed therein, at any one time, unless such persons are in communication with at least two (2) available openings to the surface or outside from each seam, vein, stratum or bed of material being mined exclusive of any upcast or slope from a furnace; and in all shaft mines and slope mines where slope is greater than twenty (20) degrees, the two (2) openings shall be at least one hundred and fifty (150) feet apart, separated by natural strata and maintained for the purpose of ingress and egress of the persons employed therein, and must be available for that purpose at all times unless in the judgment of the
chief mine inspector that distance is impracticable, then the mine Provisos. inspector shall fix the distance: Provided, That this shall apply
to air courses already located: But provided, That any mine operated by shaft or slope of over twenty (20) degrees and the extent of the workings does not exceed ten thousand (10.000) square yards in area, and is ventilated by a fan, and the shaft or slope is divided into two or more compartments, one of them may be used for an air way, the other for the purpose of ingress and egress from and into said mine by the persons therein employed; and the same shall be considered in compliance with this statute so long as no marsh gas is liberated and the workings are not dry and dusty ; but when such conditions are discovered the number of persons allowed to work in such mine shall be designated by the chief mine inspector, as the conditions may warrant; and the mine placed in its proper class; and the second opening shall be made, separated from the first opening by one hundred and fifty (150) feet or more of natural strata, if, in the judgment of the chief mine inspector, it is practicable to do so; if not the second opening shall not be less than fifty (50) feet from the first opening; separated by natural strata ; but this shall not apply when such mode of ingress and egress is available through an adjacent mine connected for that purpose and maintained in a proper manner to be at all times available for such purpose. Any neglect or refusal to provide such opening in accordance with the provisions of this section shall be deemed an offense against this act; and the chief mine inspector may order the suspension of work in such mines, limiting the number of employees therein and the time for completion of the second opening; and in case of the refusal of the owner, superintendent or mine foreman to comply with the chief mine inspector's orders in such cases, he or they shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to a fine of twenty-five dollars ($25) per day for each and every day that the mine is operated contrary to orders of said mine inspector.
SEC. 28. In every shaft mine or slope mine exceeding twenty Shaft to be (20) degrees, a compartment shall be provided in one of the two kept open. openings for the ingress and egress of persons employed therein; and such compartment shall not be clogged or obstructed by ice, machinery, pumps, pipes or currents of heated air and steam; and if the opening is a shaft, it shall be fitted with safe and convenient stairs not less than two (2) feet wide and not to exceed an angle of sixty (60) degrees descent, and landings of not less than twenty (20) inches wide and four (4) feet long at easy and convenient distances; and all water coming from the surface and out of the strata in the shaft shall be conducted by rings, casing or otherwise, and be prevented from falling down the shaft and wetting persons who are ascending or descending the shaft stairway. If the second opening is a slope for a traveling way it shall have a stairway, if the slope is over twenty (20) degrees in pitch, and may be any depth; but when the seam, vein, stratum, or bed of material being worked exceeds seventy-five (75) feet in vertical depth at the main shaft, the persons employed in such mine shall be lowered into and out of the mine by machinery; and when employees are lowered into said mine at the main outlet, the escapement shaft shall be fitted with safe and available machinery or safe and convenient stairs, by which persons employed in the mine may readily escape in case of accident. The hoisting ma
Hoisting machinery and stairs used for lowering the employees into and out chinery. of the mine shall be kept in a safe condition and inspected once each twenty-four (24) hours by a competent person employed in whole or in part for that purpose; and such inspection [of] stairs and machinery shall be approved by the district mine inspector of the district wherein the mine is situated : Prorided, That the requirements of this section shall not be applicable to stairways now in use when, in the judgment of the inspector, they are sufficient. The owner, superintendent or foreman shall provide and maintain a metal tube from top to bottom of the shaft, or a tele
Speaking phone system, through which conversation may be held between tubes, etc. persons at top and bottom of the shaft; also the ordinary means of signaling to and from the bottom of the shaft, and an improved safety catch and a sufficient metal covering overhead on every Safety cages. carriage used for lowering and hoisting persons; and the said owner, superintendent or foreman shall see that sufficient flanges are attached to the sides of every drum and every machine used for lowering and hoisting persons into and out of a mine, and also that adequate brakes are attached to the drum. The main coupling or socket attached to the rope supporting the cage shall be made from the best quality of iron, and shall be tested by weights or otherwise to the satisfaction of the district mine inspector ; and no greater number of persons shall be lowered or hoisted at any one time than may be permitted by the mine inspector of the district, and notice of the number so allowed to be lowered or hoisted at any one time shall be kept posted up by the owner, superintendent or foreman of each mine in a conspicuous place near the shaft. Any neglect or refusal to comply with the provisions of this section shall constitute an offense against this section; and, upon conviction, the owner, superintendent or foreman shall be subject to a fine of fifty dollars ($50). Upon the conviction of any one of the above persons of neglecting or refusing to comply with the provisions of this section, the chief mine inspector shall have authority to close down the mine and suspend all operations until the provisions of this section are complied with.
SEC. 29 (as amended by chapter 346, Acts of 1903). In all slopes Shelter holes. exceeding twenty (20) degrees and where the main haulage way is used for a traveling way, “shelter holes” shall be made in the sides of entries or slope, not exceeding twenty (20) yards apart;
and these shall be maintained safe from loose material on sides and top, in order that persons traveling said roadways may avoid danger from passing trips of mine cars. In all shaft mines there shall be cut out around the sides or driven through the solid strata at the bottom of such shaft, a traveling way not less than five and one-half (51) feet high and five (5) feet wide, to enable persons to pass the shaft in going to one side or the other without passing over or under the cage or other hoisting apparatus. The neglect or refusal of persons in charge of a mine to comply with the provisions of this section shall be deemed a misdemeanor, and upon conviction they shall be fined twenty-five dollars ($25) for each day the mine is operated contrary to the provisions of this section : Provided, That that part of this section applying to ingress and egress shall not apply to Class “E” mines under the classification of this act, when other means of ingress and egress
may be had. Dusty mines. Sec. 30. In all Class “B” mines it shall be the duty of the
owner, superintendent or operator to remove any and all dangerous accumulations of dust from the mine and see that all traveling ways, haulage ways and working places are maintained in a safe and moist condition by sprinkling, spraying, saturating the sides and bottom and other places with water or otherwise, so as to maintain the mine in a safe condition from dust explosions; and in any mine the mine inspector is hereby invested with authority to cause the owner, superintendent or foreman to take the necessary precautions to prevent such explosions. In case of neglect or refusal to obey the instruction and orders given them or the provisions of this section they shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one bundred dollars ($100) nor more than five hundred dollars ($500)
at the discretion of the court. Rules.
Sec. 31. The chief mine inspector or the district mine inspectors shall formulate rules and regulations in conjunction with the superintendent and mine foreman of each' mine, controlling the number of shots within certain limits, time and manner of firing same, manner of preparing the shots, and the amount of powder to be used within certain limits; and such rules shall be posted at or near the entrance of each mine, and any person violating such rules shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25) nor more than two hundred dollars ($200) and imprisoned at the dis
cretion of the court. Violations. SEC. 32. Whoever violates any of the provisions of this act or
does any act whereby the health or life of persons or the security of any mine and machinery is endangered, or any miner or other person employed in any mine covered by this act who neglects or refuses to securely prop the roof of any working place under his control or neglects or refuses to obey any order given by the superintendent or foreman of a mine in relation to the security of the mine in the part thereof where he is at work or along the roadway to his room or working place, or any miner, workman or other person who shall knowingly injure any water gauge, instrument, air course, ventilating apparatus, door, brattice, or shall obstruct or throw open any air way, or shall handle or disturb any part of the machinery of the hoisting engine or drainage plant, or open a door of the mine and not have same closed again, whereby danger is produced to either the mine or those at work therein, or who shall enter any part of the mine against the caution or danger signal, or who shall disobey any order given in pursuance of this act, or who shall do any willful act whereby the lives and health of the persons working in the mine or the security of the mine or property connected therewith or the machinery inside or outside of the mine is endangered or injured, shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) and all costs and imprisoned at the discretion of the court.
SEC. 33. The operator, superintendent or foreman of any Class Ventilation. "A" mine in this State shall arrange the approach to the fan or ventilating apparatus with explosion doors, which, in case of an explosion, will be thrown open and assist in preventing the destruction of the fan or ventilating apparatus; and the mine shall be divided into splits or districts, and the ventilating current entering such a district from the main-inlet current and passing through such a district, shall be conducted to the main return air way without passing through the works of another district or in any manner supplying persons outside of that district; and all main doors between such districts shall be in duplicate, the second, or duplicate, to be used in case of damage or destruction of the first one. It shall be unlawful to work more than fifty (50) men and eight (8) mules on or in any split or district unless, in the judgment of the chief mine inspector, it is impracticable to comply with this section. It shall be the duty of the chief mine inspector to see that the provisions of this section are carried out, and in case of refusal or neglect of the owner, superintendent or operator to comply with these provisions, the mine inspector may remove all persons from the mine and close the works, or partially do so, until they are in compliance with these provisions.
Sec. 34. It shall be unlawful for any person to ride on a loaded Riding on trip or cage in any mine other than those whose duty compels loaded cage. them to do so, and a violation of this section shall be deemed a misdemeanor, and upon conviction the person or persons violating this section shall be subject to a fine of twenty-five dollars ($25) and costs. SEC. 35. All owners or operators of coal, metal or other mines
inrequired to be inspected by this act, or which may hereafter he spection. [be] required by law to be inspected by the chief mine inspector or a district mine inspector, shall pay to the comptroller of the State of Tennessee for the use of the State a fee for each inspection of mines as follows: Mines employing average of 200 inside employees or over, $15. Mines employing average of from 150 to 200 inside employees, $12.50. Mines employing average of from 100 to 150 inside employees, $10. Mines employing average of from 75 to 100 inside employees, $7.50. Mines employing average of from 50 to 75 inside employees. $5. Mines employing average of from 25 to 50 inside employees, $3.50. Mines employing average of from 10 to 25 inside employees, $2.50. Mines employing 10 or less inside employees, $1: Provided, That not more than four (4) inspection fees shall be charged and collected from the owner or operator of any one mine for any one year. The inspection fees herein prescribed shall be paid to the comptroller of the State at the end of each year; and for the purpose of collecting the same the owners or operators of coal, metal and other mines in this State inspected by the chief mine inspector or the district mine inspectors shall prepare a sworn report to the comptroller of the Reports. State of Tennessee on the first day of January of each year, sharp ing the monthly average number of employees of every character working inside of mines operated during the preceding year or any part thereof, also the number of inspections made by the chief mine inspector or the district mine inspectors during that year, and shall forward such reports to the comptroller of the State, together with the fees due the State, as herein prescribed. The chief mine inspector shall make a report to the comptroller of the State on the first day of January of each year showing the number of inspections made during the preceding year and the fees due the State from each mine with the name of the owner or operator of each mine. In the event of the failure or refusal or [of] any owner or operator to pay the fees as prescribed herein it shall be the duty of the State comptroller to collect said fees by distress warrant or otherwise. The fees collected under the provisions of this act shall be credited by the comptroller to the account of the mine inspection department of the State,
CHAPTER 317.-Action for injuries-Survival. SECTION 1. No suit now pending or hereafter brought for personal injuries or death from wrongful act in any of the courts of this State, whether by appeal or otherwise, and whether in an inferior or superior court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit said suit was brought, and such suit shall be proceeded with to final judgment, as though such beneficiary or beneficiaries had not died, for the use and benefit of the heirs at law of such deceased beneficiary.
CHAPTER 590.-Eremption of wages from attachment, etc.
Wages earned SECTION 1. Wages earned out of this State and payable out of this outside of State shall be exempt from attachment or garnishment in all State.
cases, where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemp tion unless the defendant is actually served with process.
Local laws SECTION 56. The legislature shall not, except as otherwise proforbidden.
vided in this constitution, pass any local or special law,
ARTICLE 16.—Right of action for injuries causing death.
Negligence SECTION 26. Every person, corporation or company that may causing death. commit a homicide, through willful act or omission or gross neg. Damages. lect, shall be responsible in exemplary damages to the surviving
husband, wife, heirs of his or her body, or such of them as there may be, without regard to any criminal proceeding that may or may not be had in relation to the homicide.
ARTICLE 16.-Eremption of wages from garnishment.
SECTION 28. No current wages for personal service shall ever be w ages e xempt.
subject to garnishment.
ARTICLE 16.—Protection of wages of laborers on public works.
Protective SECTION 35. The legislature shall, at its first session, pass laws 1 a ws to be to protect laborers on public buildings, streets, roads, railroads, passed.
canals and other similar public works, against the failure of contractors and subcontractors to pay their current wages when due, and to make the corporation, company or individual for whose benefit the work is done, responsible for their ultimate payment.
REVISED STATUTES, 1895.
REVISED CIVIL STATUTES.
TITLE 6.-Boards of arbitration.
Arbitration ARTICLE 61a. Whenever any grievance or dispute of any nature lawful.
growing out of the relation of employer and employees, shall arise or exist between employer and employees, it shall be lawful, upon mutual consent of all parties, to submit all matters respecting such
grievance or dispute in writing to a board of arbitrators to hear, Board. adjudicate, and determine the same. Said board shall consist of