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it has been, or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade-mark term, design, device, or form of advertisement shall be filed, has a right to use the same; (3), that no other person, firm, association, union, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and (4), that the facsimile[s] or counterparts filed therewith are true and correct. There shall be paid for such filing and registry to the secretary of the commonwealth a fee of two dollars and fifty cents. Said secretary shall deliver to such person, firm, corporation, association, or union so filing, or causing to be filed, any such label, trade-mark, term, design, device. or form of advertisement, so many duly attested certificates of the registry of the same as such person, firm, corporation, association, or union may apply for, for each of which certificates said secte tary shall receive a fee of two dollars and fifty cents. Any surt certificate of registry shall in all suits and prosecutions under this act be sufficient proof of the adoption and registry of such label. trade-mark, term, design, device, or form of advertisement. Said secretary of the commonwealth shall not record for any persu firm, corporation, union, or association any label, trade-mark. term, design, device, or form of advertisement that would prob ably be mistaken for any label, trade-mark, term, design, device, or form of advertisement heretofore filed by or on behalf of any other
person, firm, corporation, union or association. False repre
SEC. 4. Any person who shall for himself, or on behalf of any sentations.
other person, firm, corporation, association, or union, procure the filing and registry of any label, trade-mark, term, design, or forin of advertisement in the office of the secretary of the common wealth, under the provisions of this act, by making any false or fraudulent representations or declaration, verbally, or in writing. or by any fraudulent means, shall be liable to pay any damages, sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in any court having juris diction, and shall be punished by a fine not exceeding one hundred
dollars, or by imprisonment not exceeding three months. Enjoining SEC. 5. Every such person, firm, corporation, association, or counterfeits.
union which has adopted and registered a label, trade-mark, terul. design, device, or form of advertisement as aforesaid, may prered by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display, or sale, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such person, firm, corporation, association, or union, all profits derived from such wrongful manufacture, use, display, or sale; and such court shall also order that any such counterfeits or imitations in the possession, or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be
destroyed. Unauthorized SEC. 6. Every person who shall use or display the genuine regis
tered label, trade-mark, term, design, device, or form of advertise ment, of any such person, firm, corporation, association, or union in any manner, not being authorized so to do by such person, firm, corporation, union, or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months, or by a fine of not more than one hundred dollars. In all cases where such association, or union, is not incorporated, suits under this act may be commenced and prose cuted by an officer, or member of association or union, on behalf
of, and for the use of such association or union. Use of name SEC. 7. Any person, or persons, who shall in any way use the
name or seal of any such person, firm, corporation, association, or union, or officer thereof, in and about the sale of goods, or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than one hundred dollars.
ARTICLE 2.—Protection of employees—Life and health. SECTION 35. The legislature shall pass necessary laws for the Protective protection of persons working in mines, factories, and other em- laws to be ployments dangerous to life or deleterious to health, and fix pains
passed. and penalties for the enforcement of the same.
CODES AND STATUTES OF 1897.
TITLE 3.—Inspection of mines.
SECTION 172. The mining bureau shall,
with the ad- Appointment vice and consent of the senate, appoint a State geologist, who shall of geologist. be a person known to be competent; Sec. 179. The State geologist shall, at least once in each year, Inspection of
mines. visit each mining county in the State, and examine as many of the mines in the different counties and mining districts as may be practicable. He shall have power and authority to visit and examine any mine or piece of mining ground, for the purpose of ascertaining the condition of the same in regard to its safety and means of egress from the same, and for this purpose shall have access to all levels, slopes, tunnels, winzes, shafts, and shaft powers of any mine for the purpose of said inspection. SEC. 180. Whenever the mining bureau or the State geologist
mines. shall receive a formal complaint in writing, signed by five or more persons, employees in a mine, setting forth that the mine in which they are employed is dangerous in any respect, the State geologist shall visit and examine such mine, and if, from such personal examination, he shall ascertain that the facilities for egress are insufficient, or that from want of timbering, scaling, or slacking of the ground in such mine so visited, or from other causes, or that the timber, ladders or ladder ways, pentices or plats, in any such mine are in a dangerous condition, it shall become his duty to notify the owners, lessor, or lessee thereof; such notice to be in Notice. writing, and to be served by copy on any person or persons in the same manner as provided by law for the service of legal notices or process; said notice shall state in what particulars timbers, ladders, ladder ways, pentices, or plats are dangerous, and shall require the necessary changes to be made without delay; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injuries sustained by any employee subsequent to such notice and in consequence of a neglect to obey the State gcologist's requirements, a certified copy of the notice served by the State geologist shall be prima facie evidence of the culpable negligence of the party or parties complained of.
TITLE 13.-Protection of employees as members of the National
SECTION 2006. No member of the National Guard shall be dis- Discharge on charged by his employer by reason of the performance of any
account of duties which he may be ordered upon. When any member of the
membership. National Guard is ordered upon duty which takes him from his employment, upon the termination of such duty, if the same shall not continue for a longer period than three months, he may apply to be restored to his position or employment. Any employer, or the officer or other manager of any corporation, having authority to employ, who fails or refuses so to do, or violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding one hundred
dollars, or imprisonment not more than thirty days, or both such fine and imprisonment.
TITLE 18.--Mine regulations. Inspection dis- SECTION 3158. For the purposes of this act, this State shall be tricts.
divided into inspection districts, each district to contain not less than ten nor more than sixty coal mines, each district to be under the supervision of an inspector of coal mines, the manner of whose
appointment shall be as follows: Provided, That there shall be Inspector. appointed but one inspector until sixty coal mines shall be in oper
ation of this State. The governor shall, upon the recommendation of a board, to be by him selected and appointed for the purpose of examining candidates for appointment to the office of mine inspector under the provisions of this act, appoint a properly qualified person or persons to fill the office of inspector of coal mines for this State. The commissions of said inspector or inspectors shall be for the term of four years, and inspectors shall be at all
times subject to removal from office for neglect of duty or malfeaBoard of ex-sance in the discharge of their duties. Said board shall consists aminers. (consist] of one practical coal miner, one owner or operator of a
coal mine, and one mining engineer, all of whom shall be sworn to Qualifica- a faithful discharge of their duties. The said inspectors shall be tions, etc., of citizens of the State of Washington and shall have had at least examiners.
five years' practical experience in coal mining. Such person or per sons so appointed as inspector shall devote their entire time to the duties of the office, and shall possess other qualifications at present defined by the laws of the State of Washington, and not inconsistent with the provisions of this act. Each of such inspectors shall give bond in the sum of two thousand dollars, with sureties to be approved by a judge of a superior court of the county in which be res conditioned for the faithful performance of his duties, and take an oath (or affirmation) to discharge his duties impartially and with fidelity, to the best of his knowledge and ability, The salary of each of such inspectors shall be fifteen hundred dollars per annum, and he shall have in addition thereto his actual mileage paid out for traveling while in the performance of his duties under the provisions of this act, and the auditor of the State is hereby authorized and directed to draw his warrant on the State treasurer in favor of each of such inspectors for the amount due them for their salaries quarterly, to be paid out of
any moneys in the treasury not otherwise appropriated. Term and SEC. 3159. The board of examiners provided for in the next premeetings of ceding section, shall be appointed by the governor and shall hold board.
office for four years. They shall meet immediately after the passage of this act, at the State capital, for the purpose of examining candidates for the office of mine inspector under the provisions of this act, and at such times thereafter when notified by the gore ernor that from any cause the office of mine inspector has or is about to become vacant. They shall receive as compensation five dollars per day while actually and necessarily employed, and fire
cents per mile for distance necessarily traveled. Definition. Sec. 3159a. No coal mine shall be considered a coal mine for the
purpose of enumeration in a district to increase the number of inspectors unless ten men or more are employed at one time in or about the mine, nor shall mines employing less than ten men be subject to the provisions of this act. It shall be the duty of the owner, agent or operator of any mine employing less than ten men in or about said mine to immediately notify the inspector when ten men or more are employed at any one time, said notice to be given within one week. Failure on the part of any owner, agent or operator to comply with this provision shall render the offender liable to a fine of not less than twenty dollars or more than one hundred dollars, with an additional penalty of fire dol
lars per day for each day said notice is neglected to be given. Enforcement. SEC. 3159b. It shall be the duty of the inspector of mines to
enforce the provisions of this act, and of all other acts for the regulation of coal mines, in accordance with section 3175, and any infringement of the provisions of this act shall subject the offender to the same penalties as are provided in section 3177 and 3182a, unless otherwise provided for in this act.
SEC. 3160. The owner, agent, operator, or manager of every coal Maps. mine in this State shall keep in the office at such mine an accurate plan and section, or tracing thereof, on a scale not to exceed one hundred feet to the inch, showing the workings up to at least six months prior to any given date, and shall produce it to the inspector of mines for examination by him, but not for the purpose of copying the same, nor for any other purpose; and if requested by said inspector so to do, shall mark on the same the workings up to the time of the production of the same. Within three months next after the abandonment of any mine a plan and section or tracing thereof, showing the boundaries of the workings is to be sent by the owner, operator, or superintendent of such mine to the secretary of state as a mining record. The map or plan of such abandoned mines as aforesaid shall be the property of the State, and shall remain in the care of the secretary of state as a permanent record in his office.
Sec. 3161. Whenever the owner, agent, or operator of any coal Failure to mine shall neglect or refuse to furnish the said inspector with the furnish map. map or plan of any such mine, or make the addition to such map or plan upon the demand of the mine inspector, as provided in the last preceding section of this article, at the times and in the manner therein provided, the said inspector is hereby authorized to cause an accurate map or plan of the workings of such coal mine to be made at the expense of said owner, agent, or operator, and the cost thereof may be recovered by law from said owner, agent, or operator in the same manner as other debts, by suit in the name of the State, brought in the county where said mine is situated.
Sec. 3162. It shall not be lawful for the owner, agent, or oper- Escape shafts. ator of any coal mine to employ any person to work within said coal mine, or to permit any person to work in said mine, unless they are in communication with at least two openings in case such mine be worked by shaft or slope, which openings, shafts, or slopes shall be separated by natural strata by a distance of not less than one hundred feet at the mouth of such openings, except that in mines already opened such distance may be less, if, in the judgment of the mine inspector, one hundred feet is impracticable. If the mine be worked by drift, two openings not less than one hundred feet apart shall be required, except in drift mines heretofore opened, where the mine inspector shall deem such distance impracticable: Provided, however, That an aggregate number nct Proviso. exceeding twenty-four persons may be employed in the mine at any one time until the second opening shall be reached and made available, which said second opening the mine inspector shall cause to be made without unnecessary delay, and in case of furnace ventilation being used before the second opening is completed, the furnace shall not be placed within forty feet of the foot of the shaft, slope, or drift, and shall be well secured, so as not to be a source of danger by fire, by brick, stone, or walls made of other fireproof material or [of] sufficient thickness, while such second opening is being driven and until the same is completed.
Sec. 3163. All escapement shafts shall be equipped with stair- Provisions for ways or ladders having landing places or platforms at reasonable exit. distances apart, as in the judgment of the mine inspector they should be constructed for easy traveling, or in lieu thereof, such hoisting apparatus as will enable the employees in the mine to make safe and speedy exit in case of danger. The escapement shaft and machinery used for hoisting or lowering employees out of or into said mine shall be kept in a safe condition and inspected at least once in each twenty-four hours by a competent person employed in whole or in part for that purpose.
SEC. 3164. Where a mine has only one means of ingress and Mines with egress, a daily record must be kept by the owner or person in single
trance. charge of said mine, showing the actual number and the names of
each and very (every] person entering the mine for any purpose whatever, and should a greater number of persons than twenty-four be allowed in the mine, under any circumstances, at any time, it shall be the duty of any judge of the superior court of the county in which said mine is situate, when it shall be shown to the satisfaction of said court that more than twenty-four persons were allowed in said mine at any one time, to issue an order closing
said mine until a second opening is completed. Ventilation. Sec. 3165. The owner, agent or operator of every coal mine,
whether operated by shafts, slopes or drifts, shall provide in every coal mine a good and sufficient amount of ventilation for such persons and animals as may be employed therein, the amount of air in circulation to be in no case less than one hundred cubie feet per minute for each man, boy, horse or mule employed in said mine, and as much more as the inspector may direct, and said air must be made to circulate through the shafts, levels, stables and working places of each mine, and on the traveling roads to and from all such working places. Every mine shall be divided into districts or splits, and not more than seventy-five persons shall be employed at any one time in each district or split: Prorided. That where the inspector gives permission in writing a greater number than seventy-five men, but not to exceed one hundred men may be employed in each of said splits : Provided also, That in all mines already developed, where, in the opinion of the mining inspector, the system of splitting the air can not be adopted ercept at extraordinary and unreasonable expense, such mine or mines will not be required to adopt said split-air system, and the owner or operator of any coal mine shall have the right of appeal from any order requiring the air to be split, to the examining board provided for in section 3158, and said board shall, after investigation, confirm or revoke the orders of the mining inspector. Each district or split shall be ventilated by a separate and distinct current of air, conducted from the downcast through said district, and thence direct to the upcast. On all main roads where door are required, they shall be so arranged that when one door is open the other shall remain closed, so that no air shall be diverted. In all mines where fire damp is generated, every working place shall be examined every morning with a safety lamp by a competent person, and a record of such examination shall be entered by the person making the same in a book to be kept at the mine for that purpose, and said book must always be produced for examination at the request of the inspector.
Risks arising from the negligence of a mine boss to whom the duty of attending to ventilation and other matters pert ning to the safety of
miners has been delegated, are not assumed by miners. S9 Fed. Rep. 54. Measurement Sec. 3166. The quantities of air in circulation shall be asterof air.
tained with an anemometer; such measurements shall be made by the mine inspector at the inlet and outlet air ways, also at or near the face of each gangway, and at the nearest crossheading to the face of the inside and outside chamber, breast or pillar where men are employed, and the headings shall not be driven more than sixty feet from the face of each chamber, breast or pillar, unless for the reason that he deems the same impracticable, the inspector gives permission in writing to extend the dis
tance beyond sixty feet. Stoppage of Sec. 3167. If at any time the ventilating machinery should break machinery. down or otherwise cease operation, or if it is found by the person
for the time being in charge of the mine, or any part thereof, that by reason of noxious gases prevailing in such mine, or such part thereof, or of any cause whatever, the mine or said part is dangerous, every workman shall be withdrawn from the mine, or such part thereof as is so found dangerous, and a competent person, who shall be appointed for the purpose, shall inspect the mine or such part thereof as is so found dangerous, and if the danger arises from inflammable gas, shall inspect the same with a locked safety lamp, and in every case shall make a true report of the cour dition of such mine, or the part thereof, and a workman shall not,