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except in so far as is necessary for inquiring into the cause of danger, or for the removal thereof, or for exploration, be readmitted into the mine, or such part thereof as was so found dangerous, until the same is stated in such report not to be dangerous. Every such report shall be recorded in a book which shall be kept at the mine for that purpose, and shall be signed by the person making the same.
Sec. 3168. The engineer in charge of any ventilating fan or ap- Duties of fan paratus must keep the same running as the manager of the mine engineer. directs in writing. In case of accident to the boiler of fan machinery, he shall immediately notify the mine manager or foreman. If ordinary repairs of the fan or machinery become necessary, he must give timely notice to the mine manager or foreman and await his instructions before stopping it. He shall also examine, at the beginning of each shift, all the fan bearings, stays and other parts, and see that they are kept in perfect working order. Jle shall not stop the fan except on the order of the mine manager or foreman, unless it should become impossible to run the fan or necessary to stop it to prevent destruction. He shall then at once stop it and notify the mine manager or foreman immediately and give imme diate warning to persons in the mine.
Sec. 3169. The owner, agent, or operator of any coal mine shall Bore holes. provide that bore holes shall be kept twenty feet in advance of the face of each and every working place, and, if necessary, on both sides when driving towards an abandoned mine or part of a mine suspected of containing inflammable gases or being inundated with water.
SEC. 3170. The owner, agent, or operator of every coal mine op- Signals. erated by shaft or slope shall provide suitable means of signaling between the bottom and top thereof, subject to the approval of the mine inspector, and shall also provide safe means of hoisting Safety cages. and lowering persons, in a cage covered with boiler iron, so as to keep safe, as far as possible, persons descending into or ascending out of such shaft, and such cage shall be furnished with guides to conduct it through such shaft, with a sufficient break [brake) on every drum to prevent accident in case of the giving out or breaking of the machinery, and such cage shall be furnished with safety catches (to be approved by the mine inspector), intended and provided as far as possible to prevent the consequences of cable breaking or the loosening or disconnecting of the machinery, and no props or rails shall be lowered in a cage while men are descending into or ascending out of said mine: Provided, That the provisions Proviso. relating to covering cages with boiler iron shall not apply to coa) mines less than one hundred feet in depth.
SEC. 3171. No owner, agent, or operator of any coal mine oper- Regulations ated by shaft or slope shall place in charge of any engine whereby for hoisting, men are lowered into or hoisted from the mine any other than competent, experienced, and sober engineers and firemen, and they shall be not less than eighteen years of age. No person shall ride upon a loaded cage or car used for hoisting purposes in any shaft or slope, and in no case shall more than twelve persons ride on any cage or car at one time in any such shaft. Nor shall more than five persons for each and every ton's capacity of the hoisting apparatus ride in any cage or car at any one time, in any such slope, excepting in the case of persons employed as roperiders or couplers, nor shall any coal be hoisted out of any coal mine while persons are descending into such mine, notice of which shall be kept posted at said mines. The number of persons permitted to ascend out of or descend into any coal mine at one time shall be determined by the inspector, and such persons shall not be lowered or hoisted more rapidly than six hundred feet per minute. Whenever a cage load of persons shall come to the bottom to be hoisted out. who have finished their day's work or otherwise been prevented from working, an empty cage shall be given them to ascend, except in mines having slopes, or provided with stairways in escapement shafts.
H. Doc. 733, 58-2- -77
Employment Sec. 3172. No boy under the age of fourteen years, and no female of women and of any age, shall be employed or permitted to be in any mine for children.
the purpose of employment therein, nor shall a boy under the age of twelve years be employed or permitted to be in or about the outside structures or workings of a colliery for the purpose of employment: Provided, howerer, That this prohibition shall not affect the employment of a boy of suitable age in an office or in the performance of clerical work at a colliery. When an employer is in doubt as to the age of any boy applying for employment in or about a mine or colliery, he shall demand and receive proof of the age of such boy by certificate from the parents or guardian of
such boy before he shall be employed. Boilers. Sec. 3173. All boilers used in generating steam in and about
coal mines shall be kept in good order, and the owner, agent, or operator, as aforesaid, shall have said boilers examined and inspected by a competent person as often as once every six months, and the result of such examination shall be certified in writing to the mine inspector, and every steam boiler shall be provided with
a, steam gauge, water gauge, and safety valves. All underEngin e ground self-acting or engine planes on which coal cars are drawn planes. and persons travel shall be provided with some proper means of
signaling between the stopping places and the end of said planes, and sufficient places of refuge shall be provided at the sides of said planes, the same to be not more than sixty feet apart and to extend six feet at right angles from the rail: Provided, however, That such places of refuge shall not be required in mines where
a separate traveling road is provided for employees Accidents to Sec. 3174. Whenever by reason of any explosion or any other be reported. accident in any coal mine, or the machinery connected therewith,
loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such mine or colliery to give notice thereof forthwith to the inspector of the district, and if any person is killed thereby, to the coroner of the county, who shall give due notice of the inquest to be held. If the coroner shall determine to hold an inquest the mine inspector shall be allowed to testify and offer such testimony as he may deem neces sary to thoroughly inform the said inquest of the cause of the death, and the said inspector shall have authority at any time to appear before such coroner and jury, and question or cross-ques tion any witness, and in choosing a jury for the purpose of holding such inquest, it shall be the duty of the coroner to impanel a jury, no one of whom shall be directly or indirectly interested It shall be the duty of the inspector, upon being notified as herein provided, to immediately repair to the scene of the accident, and make such suggestions as may appear necessary to secure the future safety of the men, and if the results of the explosion or accident do not require an investigation by the coroner, he shall proceed to investigate and ascertain the cause of the explosion or accident, and make a record thereof, which he shall file as provided for, and to enable him to make the investigation, he shall have power to compel the attendance of persons to testify, and administer oaths or affirmations. The cost of such investigation shall be paid by the county in which the accident occurred, in the same manner as costs of inquests held by coroners or justices of
the peace are paid. Access to SEC. 3175. It shall be lawful for the inspectors provided for in mines
this act to enter into and examine and inspect any and all coal mines and machinery belonging thereto within their respective districts at all reasonable times either by day or night, but they shall not hinder or obstruct the necessary workings of such coal mines; and the owner, agent, or operator of every such coal mine is hereby required to furnish all necessary facilities for the entering and making of such examination and inspection, and if the said owner, agent, or operator shall refuse to permit such inspec tion, the inspector shall file his affidavit setting forth such refusal with the judge of the superior court of the county in which said mine is situated, and obtain an order from such judge commanding such owner, agent, or operator so refusing, as aforesaid, to permit such examination and inspection and furnish such necessary facilities for the examination and inspection of such coal mine, or in default thereof to be adjudged as in contempt of court and punished accordingly; and if the said inspector shall, after examination of any coal mine and the works and machinery pertaining thereto, find the same to be worked contrary to the provisions of this act, or unsafe for the workmen therein employed, Unsafe mines. said inspector shall, through the prosecuting attorney of the county in which said mine is located, or any attorney in case of the refusal of such prosecuting attorney to so act, in the name and on behalf of the State, proceed against the owner, agent, or operator of such coal mine by injunction without bond, after giving at least two days' notice to such owner, agent, or operator, and said owner, agent, or operator shall have the right to appear before the judge to whom the application is made, who shall hear the same on affidavits and such other testimony as may be offered in support as well as in opposition thereto; and if sufficient cause appear, the court or judge, in term time or in vacation, by order, sball prohibit the further working of any portion or portions of any such coal mine in which persons may be unsafely employed, and the further use of such unsafe machinery, contrary to the provisions of this act, until the same shall have been made safe and the requirements of this act shall have been complied with, and the court shall award such costs in the matter of said injunction as may be just, but any such proceedings so commenced shall not prejudice any other remedy permitted by law for enforcing the provisions of this act.
Sec. 3176. Upon a petition signed by not less than ten reputable Complaint citizens, who shall be miners, mine owners, or lessees of mines, against in
spector. to the superior court of any county in the proper district, with the affidavit of one or more of said petitioners attached, setting forth that any inspector of mines neglects his duty or is incompetent, or that he is guilty of a malfeasance in office, or any act tending to the injury of miners or operators of mines, the judge of such superior court shall issue a citation in the name of the State to the said inspector to appear on not less than fifteen days' notice, upon a day fixed, before said court, at which time the court shall proceed to inquire into and investigate the allegations of the petitioners. If the court find that said inspector is neglectful of his duties, or that he is guilty of malfeasance in office, the court shall certify the same to the governor, who shall declare the office of said inspector vacant, and proceed in compliance with the provisions of this act to supply the vacancy. The costs of said investigation shall, if the charges are sustained, be imposed upon the inspector, but if the charges are not sustained, they shall be imposed upon the petitioners, and the payment of such costs shall be enforced by the proper action brought in the name of and on behalf of the State by the prosecuting attorney of the county wherein such investigation is had.
SEC. 3177. Any miner, workman, or other person who shall Offenses knowingly injure any water gauge, barometer, air course, or
miners, etc. brattice, or shall obstruct or throw open any air ways, or carry any lighted lamp or matches into places that are worked by the light of safety lamps, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door in the mine and not have the same closed again, whereby danger is produced, either to the mine or those that work therein, or who shall enter into any part of the mine against caution, or who shall interfere with or intimidate, or attempt to interfere with or intimidate, any Intimidation. engineer; fireman, or other employee employed in or about such mine, in the discharge of his duty or performance of his labor, or who shall disobey any order given in pursuance of this act, or violate any of the rules established by this act, or who shall do any willful act whereby the lives and health of persons working in the mine or the security of the mine or mines or the machinery thereof is endangered, shall be deemed guilty of a misdemeanor.
and upon conviction thereof shall be punished by a fine of not more than two hundred dollars nor less than fifty dollars, or by imprisonment in the county jail for a term not exceeding six months nor less than three months, or by both such fine and imprison
ment, in the discretion of the court. Timbers Sec. 3178. The owner, agent, or operator of any coal mine shall
keep a sufficient supply of timber at any such mine where the same is required for use as props, so that the workmen may at all times be able to properly secure the said workings from caving in, and it shall be the duty of the owner, agent, or operator to send down into the mine all such props when required, the same to
be delivered at the entrance of the working place. Protection Sec. 3179. At all times where coal is hoisted by steam power against fire.
from shaft or slope, having no other means of ingress or egress
visions of this act. Stretchers. Sec. 3180. It shall be the duty of the owner, superintendent, or
operator of any coal mine to keep at the mouth of the drift. shaft, or slope, or at such other place as may be designated by the mine inspector, stretchers properly constructed for the purpose of carrying away any miner or employee working in or about such mine who may in any way be injured in or about his
employment. Location of Sec. 3181. All main doors in any coal mine shall be so placed main doors.
that whenever one door is open another which has the same effect upon the same current of air shall be and remain closed.
and thus prevent any temporary stoppage of the current. Rules to be SEC. 3182. All owners or operators of coal mines within the posted.
State shall keep posted in a conspicuous place about their mines printed rules, submitted to and approved by the district mining inspector, regulating the duties of persons employed in or about
said mines or collieries. Penalty. SEC. 3182a. Any person violating any of the provisions of this
act, other than those mentioned in section 3177, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than five hundred dollars nor less thon (than) two
hundred dollars. Right of way
Sec. 3183. When two or more coal mines are so located as to between mines. allow the said mines to be connected hy permanent entries be
tween, and the land or mining rights lying between such mines is owned by any person or persons with whom the owner or owners of said mine or mines are unable to agree for the purchase of the right of way for the connecting entry or entries between such mines, and the right to maintain and use such entry as a connecting entry is claimed, such owner or owners of any such coal mine or, mines, or either of them, may acquire such right or title in the manner that may be now or hereafter provided by any law of eminent domain.
Sec. 3183a. The use of iron needles and iron tamping bars not Tamping bars tipped with five inches of copper is hereby declared unlawful. Any to be tipped. failure on the part of a coal miner, or an employee in any coal mine to conform to the terms and requirements of this act shall subject such miner or employee to a fine of not less than five dollars or more than twenty-five dollars, with costs of prosecution, for each offense, to be recovered by civil suit before any justice of the peace; said fines, when collected, to be paid into the treasury of said county where the offense was committed, to the credit of the fund provided for the payment of the county inspector of mines.
Sec. 3184. It shall be unlawful for any mine owner, lessee, or Coal to be operator of coal mines in the State of Washington employing weighed before miners at bushel or ton rates, or other quantity, to pass the out. screening. put of coal mined by said miners over any screen or other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by the laws of the State of Washington.
SEC. 3185. The weighman employed at any mine shall subscribe Weighman. an oath or affirmation before a justice of the peace, or other officer authorized to administer oaths, to do justice between employer and employee, and weigh the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mine owner, operator, or lessee, or [of] any mine in this State, shall have the privilege, if they desire, of employing at their own expense a check weighman, who shall have like rights, powers, and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. Said oath or affirmation shall be kept conspicuously posted in the weigh office, and any weigher of coal, or any person so employed, who shall knowingly violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense, or by imprisonment in the county jail for a period not to exceed thirty days, or by both such fine and imprisonment, proceedings to be instituted in any court having jurisdiction therein.
Sec. 3192. It shall be unlawful for any person or persons, com- Safety cages. pany or companies, corporation or corporations, to sink or work through any vertical shaft at a greater depth than one hundred and fifty feet, unless the said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus, whether consisting of eccentrics, springs, or other device, shall be securely fastened to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk, provided the cable shall break. The iron bonnet aforesaid shall be made of boiler sheet iron of a good quality, of at least threesixteenths of an inch in thickness, and shall cover the top of said cage in such manner as to afford the greatest protection to life and limb from any matter falling down said shaft.
Sec. 3193. Any person or persons, company or companies, cor- Penalty. poration or corporations, who shall neglect, fail, or refuse to comply with the provisions of the last preceding section of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.
SEC. 3194. Nothing contained in this article shall be so construed Act construed.