distances of the workings, with the general inclinations of the strata,
and any material deflections in such workings, and the boundary lines
of such coal mine or colliery, which shall be kept for the use of the
inspector, at the office of said mine in the county where such coal
mine or colliery is located, and which shall be kept up every three
months; and shall also deposit a true copy of such map or plan with
the inspector of coal mines, and with the recorder of the county in
which said coal mine or colliery is situated, to be filed in their respec-
tive offices; and said owner or agent shall cause, on or before the tenth
day of January in every year, a statement of the workings of such coal
mine during the year past, from the last report to the end of the
December month just preceding, to be marked on the original map or
plan of said coal mine or colliery: Provided, If the owner or agent of
any coal mine shall neglect, or refuse, or for any cause fail, for the
period of one month after the time prescribed, to furnish said map or
plan as hereby required, or if the inspector shall find, or have reason
to believe, said map or plan is [in-]accurate in any material part, he
is hereby authorized to cause a correct map or plan of the actual work-
ings of such coal mine or colliery to be made, at the expense of the
owner thereof, the cost of which shall be recoverable from said owner
by an action, as in cases of other debts, and shall cause a copy of the
same to be filed in the office of the recorder of the county in which
such coal mine or colliery is situated.

SEC. 3182. It shall not be lawful, after six months from the passage Escape shaft.
of this act, for the owner or agent of any coal mine, wherein over fif-
teen thousand square yards have been excavated, to employ or permit
more than fifteen persons to work therein, except in opening shafts or
outlets, unless there are to every seam of coal worked in each mine,
at least two separate outlets, separated by natural strata of not less
than one hundred feet in breadth, by which shafts or outlets, distinct
means of ingress or egress are always available to the persons em-
ployed in the mine, and air shafts, in which are constructed and main-
tained ladder ways, shall be deemed and held to be an escape shaft
within the provisions of this act, and no escape shaft shall be required;
but it is not necessary for the two outlets to belong to the same mine;
the second outlet need not be made until fifteen thousand square yards
have been excavated in such mine, and to all other coal mines, whether
opened and worked by shafts, slopes or drifts to such openings or out-
lets, must be provided within twelve months after fifteen thousand
square yards have been excavated therein; and in case such outlets
are not provided as herein stipulated, it shall not be lawful for the
agent or owner of such mine to permit more than fifteen persons to
work therein during each twenty-four hours. In case a coal mine has
but one shaft, slope or drift for the ingress or egress of the men work-
ing therein, and the owner thereof does not own suitable surface
ground for another opening, he may select and appropriate any ad-
joining land for that purpose, and for approach thereto, and shall be
governed in his proceedings in appropriating such land by the provis-
ions of law in force providing for the appropriation of private property
by corporations, and such appropriation may be made whether he is
a corporator or not; but no land shall be appropriated under the pro-
visions of this act until the court is satisfied that suitable premises
can not be obtained by contract upon reasonable terms. Escapement
shafts or other communications with a contiguous mine, as aforesaid,
shall be constructed in connection with every vein or stratum of coal
worked in such coal mine or colliery, as provided herein.

SEC. 3183. In all cases where the human voice can not be distinctly Speaking heard, the owner or agent shall provide and maintain a metal tube tubes, etc. from top to the bottom of the slope or shaft, or a telephone connection suitably adopted [adapted] to the free passage of sound, through which conversation may be held between persons at the bottom and at the top of the shaft or slope; also the ordinary means of signaling to and from the top and bottom of the shaft or slope; and in the top of every shaft shall keep an approved safety gate and an approved safety catch, and sufficient cover overhead on every carriage used for lowering and

hoisting persons; and the said owner or agent shall see that sufficient Safety hoisting flanges or horns are attached to the sides of the drum of every machine appliances. that is used for lowering and hoisting persons in and out of the mine,

and also, that adequate brakes are attached thereto; the main link, attached to the swivel of the wire rope, shall be made of the best quality of iron, and shall be tested by weights satisfactory to the inspector of mines of the State; and bridle chains shall be attached to the main link from the cross pieces of the carriage; and no single link chain shall be used for lowering or raising persons into or out of said mine; and not more than five persons for each ton capacity of the hoisting machinery used at any coal mine, shall be lowered or hoisted by the machine at any one time.

Ventilation. SEC. 3184. The owner or agent of every coal mine or colliery, whether shaft, slope or drift, shall provide and maintain for every such mine an amount of ventilation not less than one hundred cubic feet, and such additional number of cubic feet as may be ordered by said mine inspector, per minute, per person employed in such mine, and also an amount of ventilation of not less than five hundred cubic feet per minute for each mule or horse used in said mine which shall be circulated and distributed throughout the mine in such a manner as to dilute and render harmless and repel the poisonous and noxious gases from each and every working place in the mine, and break throughs or air ways shall be driven as often as the inspector of mines may order, at the different mines inspected by him, and all break throughs or air ways, except those last made near the working faces of the mines, shall be closed up and made air-tight, by brattice, trapdoors or otherwise, so that the currents of air in circulation in the mine may sweep to the interior of the mine, where the persons employed in such mine are at work; and all mines governed by this statute shall be provided with artificial means of producing ventilation, when necessary, to provide a sufficient quantity of air, such as fanning, or suction fans, exhaust steam furnaces, or other contrivances of such capacity and power as to produce and maintain an abundant supply of air; but, in case a furnace shall be used for ventilating purposes, it shall be built in such a manner as to prevent the communication of fire to any part of the works, by lining the upcast with an incombustible material for a Daily inspec- sufficient distance up from the said furnace. All mines generating fire damp shall be kept free from standing gas, and every working place shall be carefully examined every morning with a safety lamp, by a competent person or persons, before any of the workmen are allowed to enter the mine; and the person making such examination shall mark on the face of the workings the day of the month; and in all mines, whether they generate fire damp or not, the doors used in assisting or directing the ventilation of the mine shall be so hung and adjusted that they will shut up of their own accord, and can not stand open; and the owner or agent shall employ a practical and competent inside overseer, to be called a “mining boss," who shall keep à careful watch over the ventilating apparatus, and the air ways, traveling ways, pumps, timbers and drainage; also, shall see that, as the miners advance their excavations, that all loose coal, slate and rock overhead are carefully secured against falling in or upon the traveling ways, and that sufficient timber, of suitable lengths and sizes, is furnished for the places where they are to be used, and placed in the working places of the mines; and he shall measure the ventilation at least once a week, at the inlet and outlet, and also at or near the face of all the entries; and the measurement of air so made shall be noted on blanks, furnished by the mine inspector; and on the first week day of each month the "mining boss" of each mine shall sign one of such blanks, properly filled, and forward the same by mail to said mine inspector, a copy of which shall be filed at the office of the coal company, subject to inspection by miners.

tion.

Overseer.

persons to be employed.

The mining boss appointed under the provisions of this section is a fellow-servant with a driver employed in the same mine, for whose death by the negligence of the mining boss the company would not be responsible. 40 Pac. Rep. 251.

Competent SEC. 3185. No person shall knowingly be employed as an engineer or mining boss, or take charge of any machinery or appliance whereby men are lowered into or hoisted out of any mine, but an experienced, competent and sober person; and no person shall ride upon a loaded wagon or cage used for hoisting purposes in any shaft or slope. No

Women and children.

young person under twelve years of age, or woman or girl of any age, shall be permitted to enter any coal mine to work therein, nor any person under the age of 16 years, unless he can read and write. SEC. 3186. All safety lamps, used for examining or working coal Safety lamps. mines, shall be the property of the owner of the mine, and shall be under the charge of the agent thereof. The term "owner" in this act shall mean the immediate proprietor, lessee, or occupier of any coal mine, or colliery, or any part thereof; and the term "agent" shall mean any person having, on behalf of the owner as aforesaid, the care and management of any coal mine, or colliery, or any part thereof.

SEC. 3187. All boilers used in generating steam in and about coal mines and collieries shall be kept in good order, and the owner or agent, as aforesaid, shall have said boilers examined and inspected, by a competent boiler maker or other well-qualified person, as often as once every six months, and the result of every such examination shall be certified, in writing, to the mining inspector; and every steam boiler shall be provided with a proper steam gauge, water gauge, and safety valve; and all underground, self-acting, or engine planes, or gauge ways, on which coal cars are drawn and persons travel, shall be provided with some proper means of signaling between the stopping places and the ends of said planes or gauge ways; and sufficient places of refuge, at the sides of said planes or gauge ways, shall be provided, at intervals of not more than fifty feet apart; and there shall be cut, in the side of every hoisting shaft, at the bottom thereof, a traveling way, sufficiently high and wide to enable persons to pass the shaft, in going from one side of the mine to the other, without passing over or under the cage or hoisting apparatus.

SEC. 3188. Whenever loss of life, or serious personal injury, shall occur, by reason of any explosion, or of any accident whatsoever, in or about any coal mine, or colliery it shall be the duty of the owner or agent thereof to give notice to the mine inspector, and, if any person is killed thereby, to the coroner of the county also, and the inspector shall immediately go to the scene of said accident and render such assistance as he may deem necessary for the safety of the men, and shall ascertain, by the testimony before the coroner, or by taking other evidence, the cause of such explosion or accident and file record thereof in his office.

Terms defined.

Boilers.

Planes.

Accidents.

to

SEC. 3189. In all coal mines in the State, the miners employed and Access working therein, the owners of the land, or other person interested in mines. the rental or royalty of any such mine, shall at all proper times have full right of access to, and examinations of, all scales, machinery, or apparatus used in and about such mine; to determine the quality of the coal mined, for the purpose of testing the accuracy of all such scales, machinery, or apparatus; and such landowners or other persons may designate or appoint a competent person to act for them, who shall at all proper times have full right of access to, and examination of, such scales, machinery, or apparatus, and seeing all weights and measures of coal mined, and the accounts kept of the same; but not more than one person, on behalf of the landowners, or other person interested in the rental or royalty, jointly, shall have such right of access, examination and inspection of scales, weights, measures and accounts, at the same time, and that such persons shall make no unnecessary interference with the use of such scales, machinery, or apparatus, and the miners employed in any mine may, from time to time, appoint two of their number to act as a committee to inspect, not oftener than once in every month, the mine and the machinery connected therewith, and to measure the ventilating current, and if the owner, agent, or manager so desires, he may accompany said miners, by himself, or two or more persons whom he may appoint for that purpose. The owner, agent, or manager shall afford every necessary facility for making such inspection and measurement; but the said miners shall not in any way interrupt or impede the work going on in the mine at the time of such inspection and measurement. SEC. 3190. Any miners, workmen, or other person, who shall in- Injuring or obtentionally injure any shaft, lamp, instrument, air course or brattice, ways, appliances, or obstruct or throw open air ways, or open a door and not close it again, etc.

H. Doc. 733, 58—2—11

Miners' committees.

structing air

Penalty.

Violation.

Liability.

Application of

law.

Board of examiners.

or carry lighted pipes or matches into places that are worked by safety lamps, or handle or disturb any part of the machinery, or enter any place of the mine against caution, or who willfully neglects or refuses to securely prop the roof of any working place under his control, or disobey any order given in carrying out the provisions of this act, or do any other act whereby the lives or the health of persons, or the security of the mines or machinery is endangered shall be deemed guilty of a misdemeanor, and upon conviction may be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or may be imprisoned in the county jail not less than thirty days, nor more than one year, or may be punished by both such fine and imprisonment at the discretion of the court.

While it is the duty of the mining boss to see that timbers are properly supplied (section 3184), the setting of such timbers devolves upon the miner or other person in control of any working place in the mine, and the willful neglect of such duty is a misdemeanor. 38 Pac. Rep. 378.

SEC. 3191. In case any owner or agent disregards the requirements of this act, any court of competent jurisdiction may, on application of the inspector, by civil action in the name of the State, enjoin or restrain the owner or agent from working or operating such mine with more than twelve miners under ground during each twenty-four hours, until it is made to conform to the provisions of this act. And such remedy shall be cumulative, and shall not take the place of or affect any other proceedings against such owner or agent, authorized by law for the matter complained of in such action.

SEC. 3192. For any injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions by any owner or lessee or operator of any coal mine or opening, a right of action against the party at fault shall accrue to the party injured for the direct damages sustained thereby, and in any case of loss of life by reason of such violation or failure, a right of action against the owners and operators of such coal mine or colliery shall accrue to the widow and lineal heirs of the person whose life shall be lost, for like recovery of damages for the injury they shall have. sustained.

SEC. 3193. The provisions of this act shall not apply to or affect any coal mine in which not more than ten men are employed underground during each twenty-four hours, but on the application of the proprietor, or of the miners in any such mine, or when the mine inspector may deem it necessary, said mine inspector shall make, or cause to be made, an inspection of such mine, and shall direct and enforce any regulations in accordance with the provisions of this act, that he deems necessary for the safety and health of miners.

SEC. 3194. The board of examiners heretofore appointed under the provisions of this act concerning coal mines, approved February 24th, 1883, and amended by this act, shall hold their office for and during the time for which they were appointed, to wit: until January 1st, A. D. 1887. And it shall be the duty of the board of examiners to meet at such times, and at such places within this State, as may be directed by the governor of this State, and examine such persons as may present themselves for examination, touching their qualifications for the office of mine inspector, as provided in this act, and shall inquire into their character and qualifications, and shall certify the names of such persons as they shall find to be competent to fill such office of mine inspector, to the governor, which list of names, so certified, shall be placed on file in the office of the secretary of state. Members of such board of examiners shall, before entering upon their duties, take and subscribe the following oath, viz: We, the undersigned, do solemnly swear (or affirm), that we will perform the duties of examiners of applicants for appointment of inspector of coal mines to the best of our abilities, and that in recommending or rejecting said applicants we will be governed by the evidence of qualifications to fill the position under the law creating the same, and not by any consideration of political or personal favors; that we will certify all whom we may find qualified, according to the true intent and meaning of the act, and none others, to the best of our

Board

judgments. The qualifications of candidates for said office of inspector Examination for inspector. of mines to be inquired into and certified by said examiners, shall be as follows, namely: They shall be citizens of the United States, of temperate habits, of good repute as men of personal integrity, shall have attained the age of thirty years, and shall have had at least one year's experience in the working of the coal mines of Colorado, and five years of practical experience in the workings of coal mines in the United States, and have a practical knowledge of mining engineering, and of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of mines, particularly fire damp. The board of examiners shall receive six dollars per day, and the same mileage as is allowed to members of the legislature, to be paid out of the State treasury, upon the filing of the certificates of the examining board in the office of the secretary of state, as hereinbefore provided. As often as vacancies in said office of inspector of mines shall occur, by death, resignation or malfeasance in office, which shall be determined in the same manner as in the case of any other officer of the State government, the governor shall fill the same, by appointment, for the unexpired term, from the names on file in the office of the secretary of state, as herein before mentioned as having passed examination. On January 1st, A. D. 1887, and every four years thereafter, the governor shall appoint one reputable mining engineer, of known ability, and shall notify the judges of four of the judicial districts of the State, within which coal mines are being operated, to each appoint one reputable coal miner of known experience and practice, from their respective districts, and the five so appointed shall constitute a new board of examiners, whose duties, term of service, and compensation shall be the same as those provided for by this section; and from the names that may be certified by them the governor shall appoint the inspector of mines provided for in this act. Nothing in this act shall be construed to prevent the reappointment of any inspector of coal mines. The inspector of coal mines shall receive for his services an annual salary of two thousand dollars, and ten cents per mile mileage for all distances traveled in the discharge of his official duties to be paid monthly by the State treasurer; and said inspector shall reside in the State, and shall keep an office at the capitol or other building in which the offices of the State are located. Each inspector is hereby authorized to procure such instru- Inspector to ments, and chemical tests, and stationery, from time to time, as may be necessary to the proper discharge of his duties under this act, at the expense of the State, which shall be paid by the State treasurer, upon accounts duly certified by him and audited by the proper department of the State. All instruments, plans, books, memoranda, notes, et cetera, pertaining to the office, shall be the property of the State, and shall be delivered to their successors in office.

SEC. 3195. The inspector of coal mines shall, before entering upon the discharge of his duties, give bond, in the sum of five thousand dollars, with sureties to be approved by the judge of the district court in which he resides, conditioned for the faithful discharge of his duty, and take an oath (or affirmation) to discharge his duties impartially and with fidelity to the best of his knowledge and ability.

SEC. 3196. No person acting as a manager or agent of any coal mine, or as a mining engineer for any coal mining company, or to be interested in operating any coal mine, shall at the same time act as an inspector of coal mines under this act.

procure
ments, etc.

Bond.

instru

Not to be interested in mining

operations.

SEC. 3197. The inspector of coal mines and his deputy shall devote Duties. the whole of their time to the duties of their office. It shall be the duty of the inspector or his deputy to enter into and thoroughly examine all coal mines in this State in which more than ten men are employed at least once each quarter, to see that all the provisions of this act are observed and strictly carried out and the inspector or his deputy, or both, may enter, inspect and examine any coal mine in the State, and the works and machinery belonging thereto, at all reasonable times, by night or day, but so as to not unnecessarily obstruct or impede the workings of the mine; and the owner or any agent of such mine is hereby required to furnish the means necessary for such entry