Ventilation.

Measurement

of air.

Stoppage of machinery.

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.

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 cubic 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: Provided, 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 except 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 doors 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 pertaining to the safety of miners has been delegated, are not assumed by miners. 89 Fed. Rep. 54.

SEC. 3166. The quantities of air in circulation shall be ascertained 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 distance beyond sixty feet.

SEC. 3167. If at any time the ventilating machinery should break 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 condition of such mine, or the part thereof, and a workman shall not,

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. He 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 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.

Bore holes.

Signals.

Safety cages.

SEC. 3170. The owner, agent, or operator of every coal mine operated 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 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 coal mines less than one hundred feet in depth.

Regulations

etc.

SEC. 3171. No owner, agent, or operator of any coal mine operated 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.

Boilers.

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, however, 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.

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 underEngine ground self-acting or engine planes on which coal cars are drawn 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

planes.

Accidents to be reported.

Access to

mines

SEC. 3174. Whenever by reason of any explosion or any other 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 necessary 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-question 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.

SEC. 3175. It shall be lawful for the inspectors provided for in 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 enter ing 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 command

ing 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, shall 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.

spector.

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 into 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 knowingly injure any water gauge, barometer, air course, or 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 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.

Offenses miners, etc.

of

Intimidation.

Timbers

Protection against fire.

Stretchers.

Location main doors.

of

Rules to be posted.

Penalty.

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 imprisonment, in the discretion of the court.

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.

SEC. 3179. At all times where coal is hoisted by steam power from shaft or slope, having no other means of ingress or egress than that afforded to persons therein by such hoisting apparatus by way of such shaft or slope, there shall be provided,

a steam pump or other power, conveniently situated, and a sufficient supply of water and hose, always ready for use in any part of the buildings, chutes, or constructions within a radius of fifty feet of said coal-hoisting shaft or slope; and if the person in charge of such coal shaft or slope shall refuse or neglect to comply with the provisions of this act, then the inspector of coal mines for the district in which the said shaft or slope is situated shall proceed, through the prosecuting attorney in the county in which said slope or shaft is situated, or any attorney in case of the refusal of the prosecuting attorney to so act, in the name and on behalf of the State, against the owner, agent, or operator of said shaft or slope by injunction without bond, after giving at least two days' notice to such owner, agent, or operator, and the 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 it be found that the owner, agent or operator of said shaft or slope has refused or neglected to comply with the provisions of this act, the court or judge, in term time or in vacation, by order shall pro hibit the further working of any such coal shaft or slope until the owner, agent, or operator shall have complied with the provisions of this act.

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.

SEC. 3181. All main doors in any coal mine shall be so placed 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.

SEC. 3182. All owners or operators of coal mines within the 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.

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 by 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