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and where no person is required to remain constantly at one point either for the purpose of keeping the lookout or for the purpose of operating any apparatus or machinery upon such trailing car or cars; this act shall not be construed to apply to any car except the head one; nor shall it be construed to mean that the inclosure for the motorman or for the employee managing or operating any apparatus or machinery of a car at any point shall have his view obstructed, but the said inclosure or vestibuling shall be constructed in a manner so as to permit a front and side view from the position which it is necessary for the person to occupy while he is in the performance of his duties.
Sec. 3. For each day that any car is permitted to be operated contrary to the provisions of this act, it shall be deemed to be a separate offense, and any person, partnership or corporation, or the superintending officers or managing agents thereof operating any such line of street railway or the cars thereupon, who shall violate any of the provisions thereof, upon being convicted, in any court of competent jurisdiction, shall be deemed guilty of a misdemeanor, and shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) or imprisonment in the county jail not to exceed thirty (30) days for each and every offense.
ACTS OF 1903.
CHAPTER 70.— Wages a preferred claim— In assignments, etc. Wages to be Section 1. When the business of any person, corporation, company paid first.
or firm shall be suspended by the action of creditors, or be put into the hands of a receiver or trustee, then in all such cases the debts owing to laborers, servants or employees, which have occurred by reason of their labor, or employment, shall be considered and treated as preferred claims, and such laborers or employees shall be preferred creditors, and shall first be paid in full, and if there be not sufficient
to pay them in full the same shall be paid from the proceeds of the Proviso. sale of the property seized: Provided, That any person interested may
contest any such claim, or claims, or part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, and thereupon the claimant shall be required to reduce his or her claim to judgment before some court having jurisdiction
thereof before any part thereof shall be paid. Claims to SEC. 2. Any laborer or servant desiring to enforce his or her claim filed.
for wages under this act, shall present a statement under oath showing the amount due, the kind of work for which such wages are due, and, when performed, to the officer, person or court charged with such property, within twenty days after the seizure thereof on any execution or writ of attachment, or within sixty days after same may have been placed in the hands of any receiver or trustee, and thereupon it shall be the duty of the person or court having or receiving such statement to pay the amount of such claim or claims to the per
son or persons entitled thereto. Payment. SEC. 3. No claim under this act shall be paid until after the expi
ration of the time in which to present such claim. And if the funds realized from the sale of the property seized be insufficient to pay the total claims presented, then such funds shall be prorated on such claims: Provided, however, That the provosions (provisions] of the act shall not be construed to extend to creditors who held a duly recorded mortgage upon the property attached, which was given for a debt actually existing from such a mortgage before the labor was performed.
CHAPTER 137.--Employment of labor-Age not ground for discharge. Discharge - for SECTION 1. No person, persons, firm, association or corporation, carage prohibited. rying on or conducting, within this state, any business requiring the
employment of labor, shall discharge any individual between the ages
of eighteen and sixty years, solely and only upon the ground of age: Proviso. Provided, however, that such individual is well versed in the line of
business carried on by such person, persons, firm, association or corporation, and is qualified physically, mentally, and by training and
experience, to satisfactorily perform and does satisfactorily perform
SEC. 2. Any person, persons, firm, association or corporation, or Penalty.
CHAPTER 138. -- Employment of women and children.
Hours of labor
of children. pany, copartnership, or corporation to require any child, either boy or girl, of sixteen years of age or less, to labor or work in any mili, factory, manufacturing establishment, shop or store, or in or about coal or other mines, or any other occupation not herein enumerated which may be deemed unhealthful or dangerous, for a greater number than eight hours in the twenty-four hour day, except in cases where life or property is in imminent danger, or in the week before and following Christmas day: Provided, That any child between the age
Proviso. of fourteen and sixteen years coming within the provisions of this act may be exempted from the provisions thereof, if in the opinion of the judge of the county court of the county in which said child resides it would be for its best interests to be so exempted. Application may be made in writing to any county judge by any such child, its parent or guardian, to be granted such exemption, when it shall be the duty of such judge to hear the same and inquire particularly into the nature of the employment sought. No fees shall be charged or collected in any such case.
SEC. 2. All paper mills, cotton mills and factories where wearing Unhealthful ocapparel for men or women is made, ore reduction mills or smelters, cupations. fartories, shops of all kinds and stores may be held to be unhealthful and dangerous occupations within the meaning of this act at the discretion of the court.
SEC. 3. No woman of sixteen years of age or more shall be required Hours of labor to work or labor for a greater number than eight hours in the twentyfour hour day, in any mill, factory, manufacturing establishment, shop, or store for any person, agent, firm, company, copartnership or corporation, where such labor, work or occupation by its nature, requires the woman to stand or be upon her feet, in order to satisfactorily perform her labors, work or duty in such occupation and employment.
Sec. 4. Any person who shall take, receive, hire or employ any child Age limit. under the age of fourteen years in any underground works or mine, or in any smelter, mill or factory, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars, nor more than five hundred dollars, and shall be imprisoned in the county jail not less than thirty days, nor more than three months.
SEC. 5. Any person, agent, firm, company, copartnership or corpo- Penalty. ration which shall violate any of the provisions of this act or sball require a greater number of hours of work or labor than herein specified of any child, either boy or girl, of sixteen years of age or less, in any employment or occupation herein enumerated, or any other which shall be deemed by the courts as unhealthful, shall be deemed guilty of a misdemeanor, and shall be fined in a sum of not less than one hun red dollars ($100), or more than five hundred dollars ($500), or be imprisoned in the county jail for not less than two, or more than four months, or by both such fine and imprisonment, in the discretion of the court, for each offense.
Sec. 6. All district attorneys shall be required to make prosecutions Enforcement. for all violations of this act, upon the sworn complaint of any reputable citizen that this act is being violated by any person, firm, company, copartnership or corporation.
Chapter 144.—Mine regulations. SEXTION 1. Explosives must be stored in a magazine provided for Explosives. that purpose alone; said magazine to be placed far enough from the
working shaft, tunnel or incline to insure the same remaining intact in the event the entire stock of explosives in said magazine be exploded; all explosives in excess of the amount required for a shift's work must be kept in said magazine; no powder or other explosive be stored in underground workings where men are employed; each mine shall provide and employ a suitable device for thawing or warming powder and keep the same in condition for use; oils or other combustible substances shall not be kept or stored in the same magazine
with explosives. Same subject.
Sec. 2. The commissioner of mines of the State of Colorado shall have authority to regulate and limit the amount of nitropowder stored or kept in general supply stores in mining camps or mining towns
where there is no municipal law governing the storage of same. Tamping bar. Sec. 3. No person shall, whether working for himself or in the em
ploy of any person, company or corporation, while loading or charging a hole with nitroglycerine powder or other explosives, use or employ any steel or iron tamping bar; nor shall any mine manager, superintendent, foreman or shift boss, or other person having the management or direction of mine labor, allow or permit the use of such steel, iron or other matal (metal] tamping bar by employees
under his management or direction. Removing tim- Sec. 4. All old timber removed shall as soon as practicable be taken
from the mine and shall not be piled up and permitted to decay
underground Hoisting engl- Sec. 5. No person addicted to the use of intoxicating liquors or un
der eighteen years of age shall be employed as hoisting engineer. Indicator.
Sec. 6. All hoisting machinery, using steam, electricity, air or hydraulic motive power, for the purpose of hoisting from or lowering into metalliferous mines employees and material, shall be equipped with an indicator, said indicator to be so placed near to and in clear
view or hearing of the engineer. signals.
Sec. 7. There shall be established by the commissioner of mines, of the State of Colorado a uniform code of signals, embracing that most generally in use in metalliferous mines, which shall be adopted in all mines using hoisting machinery.
The code of signals shall be securely posted, in clear and legible form, in the engine room, at the collar of the shaft and at each level or station. In all shafts equipped with cages, such shafts and cages shall be fully equipped with a system of electric signals from
cage and stations to engineer wherever possible.
protec. SEC. 8. All mines having but one exit, and the same covered with a tion.
building containing the mechanical plant, furnace room and blacksmith shop shall have fire protection, water if possible, and in mines where water is not available, chemical fire extinguishers or hand
grenades shall be kept in convenient places for immediate use. Riding
Sec. 9. All persons shall be prohibited from riding upon any cage, loaded
skip or bucket loaded with tools, timber, powder or other material, except for the purpose of assisting in passing same through shaft or
incline, and then only upon special signal. Violations.
SEC. 10. All persons giving or causing to be given false signals, or riding upon any cage, skip or bucket upon signals that designate to the engineer that no employees are aboard, shall be deemed guilty of
a misdemeanor. Ladderway.
Sec. 11. All shafts more than two hundred (200) feet in depth, equipped with hoisting machinery shall be divided into at least two (2) compartments, and one compartment to be partitioned off and set aside for a ladderway. The ladder shall be made sufficiently strong for the purpose demanded, and in vertical shafts, landings shall be constructed not more than twenty (20) feet apart, said landings to be closely covered, except an opening large enough to permit the passage of a man; said ladders shall be inclined at the most convenient angle which the space allows, and shall be firmly fastened, and kept in good repair. In all incline shafts the landings shall be put in as above described, but a straight ladder on the incline of the shaft.
Ladders in upraises and winzes shall be likewise provided and kept in repair, but where winzes connecting levels are used, only for ventilation and exit, only one such winze on each level need be equipped,
Sec. 12. Hereafter shafts equipped with buildings and machinery, Same subject. with only the working shaft for exit, shall be divided into at least two (2) compartments, one of which shall be tightly partitioned off and used for a ladder way as hereinbefore provided for; said ladder way shall be securely bulkheaded at a point at least twenty-five feet below the collar of the shaft, and below this bulkhead a drift shall be run to the surface, if location of shaft is upon a side hill; if location of shaft is upon a level, the drift shall be run to a safe distance without the walls of the building and from there upraised to the surface. Said ladder way and landings shall be kept at all times in good repair and afford easy mode of escape in event of fire.
Sec. 13. Hereafter all tunnels or adit levels at a safe distance from Exits to be promouth of same shall connect with the surface, and be provided with safe and suitable ladders, and thus afford a means of exit in case of fire destroying the buildings over the mouth of tunnel or adit level.
Sec. 14. Employees engaged in sinking shaft or incline, shall at all Employees times be provided with chain or other kind of ladder so arranged as
sinking shaft. to insure safe means of exit.
Sec. 15. In all shafts, hereafter constructed, collars of same shall be Safety appliprotected in such manner that persons or foreign objects can not fall ances. into the shaft. In all shafts equipped with cages, safety clutches shall be used. In shafts equipped with buckets, shaft doors must be constructed which will prevent any material falling into shaft from dumping. SEC. 16. All stations or levels shall, when practicable, have a passage
rails, way around the working shaft, so that crossing over the working compartment can be avoided. At all shaft stations a guard rail or rails shall be provided and kept in place across the shaft, in front of the level, so arranged that it will prevent persons from walking, falling or pushing a truck, car or other conveyance into the shaft. All winzes and mill holes extending from one level to another shall be covered or surrounded with guard rails, to prevent persons from stepping or falling into the same.
SEC. 17. When any shaft is sunk on a vein, ore shoot or body, a pillar Safety of shafts. . of ground shall be left standing on each side of the shaft of sufficient dimensions to protect and secure the same, and in no case shall stopping [stoping] be permitted up to or within such close proximity to the shaft as to render the same insecure, until such time as the mine is to be abandoned and said pillar withdrawn.
SEC. 19. Any person or persons removing or destroying any covering Removing or fencing placed around or over any shaft
, pit or other excavation, as guards, etc. hereinbefore provided, shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be tined in a sum of not less than fifty dollars ($50) nor more than three Penalty. hundred dollars ($300) or imprisonment in the county jail for six months, or by both fine and imprisonment.
Sec. 20. Any owner, person or persons operating any metalliferous Reports. mine, mill or metallurgical plant and employing two or more men shall report to the bureau of mines and state when work is commenced and when stopped, and mines working continuously shall report on or before November 1 of each year, together with the names of the owners and managers or lessee in charge of said work, together with the postoffice address; the name of the claim or claims to be operated, the name of the county and mining district, together with the number of men employed, directly or indirectly, the same being classified into miners, trammers, timbermen, ore assorters, millmen (,) teamsters, etc. The necessary blanks to carry out the provisions of this section shall be furnished upon application by the commissioner of mines.
Sec. 21. Any owner, lessee, manager, superintendent or foreman in False reprecharge of any metalliferous mine, millor metallurgical plant who shall sentations. willfully misrepresent or withhold facts or information from any inspector or other officer of the bureau of mines, regarding the mine, such as length of time timbers have been in place, or making any misrepresentations tending to show safety when the reverse is true, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any Penalty,
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court of competent jurisdiction, shall be fined in any sum not less
than one hundred dollars, nor more than three hundred dollars. Visitors. Sec. 22. Strangers or visitors shall not be allowed underground in
any mine, unless accompanied by the owner, official or employee
deputized to accompany them. Overloading Sec. 23. Notice of the maximum number of men permitted to ride
upon or in the cage, skip or bucket, at one time, shall be posted at the collar of the shaft and each level. All men or employees riding upon or in
an overloaded cage, skip or bucket as provided in notice so posted, shall Penalty. be guilty of a misdemeanor, ånd upon conviction in a competent court,
shall be fined not less than five dollars nor more than fifty dollars
for each and every offense. Accidents. Sec. 24. Any owner, agent, manager or lessee, whether individual,
partnership or corporation, having charge or operating any metalliferous mine, mill or metallurgical plant, whenever loss of life or accident serious enough in character to cause the injured party to stop work for two consecutive days, and connected with the workings of such metalliferous mine, mill or metallurgical plant, shall occur, shall give notice immediately and report all the facts thereof to the commissioner of mines. The refusal or failure of the said owner, agent, manager or lessee, to so report within a reasonable length of time shall be deemed a misdemeanor and [he] shall upon conviction be subject to a fine of not less than fifty dollars ($50) nor more than three hundred dollars ($300), or be imprisoned not less than one or more than three months, or by both such fine and imprisonment. The commissioner of mines, upon receipt of notice of accidents, shall investigate the causes and make or cause to be made a report, which report
shall be filled [filed) in his office for future reference. Inspection. SEC. 25. The commissioner of mines of the State of Colorado, in
spectors, or either thereof, shall have power to make such examination or inquiry as is deemed necessary to ascertain whether the provisions of this act are complied with; to examine into and make inquiry respecting the condition of any mine, mill or metallurgical plant, or part thereof, and all matters or things connected with or relating to the safety of the persons employed in or about the same; to examine into and make inquiry respecting the condition of the machinery or mechanical device, and, if deemed necessary, have same tested; to appear at all coroners' inquests held, respecting accidents, and if deemed necessary, call, examine and cross-examine witnesses; to exercise such other powers as are necessary for carrying this act
into effect. Penalty. Sec. 26. Any owner, agent, manager or lessee, whether individual,
partnersbip or corporation, operating a metalliferous mine, mill or metallurgical plant in this state, who fails to comply with the provisions herein set forth, or either or any thereof, shall be deemed guilty of a misdemeanor, and when not otherwise provided, shall be liable to a fine of not less than twenty-five dollars ($25) nor more than three hundred dollars ($300), for each provision not complied with, and each day after conviction of failure to comply with any provision
hereof, shall be deemed a separate offense and punished accordingly. Enforcement. The district attorney of the district in which such mine, mill or
metallurgical plant is situated, is hereby empowered and directed to bring an action in the name of the people of the State of Colorado against such owner, agent, manager or lessee, whether individual, partnership or corporation, operating such metalliferous mine, mill or metallurgical plant when he is not complying with the provisions of this act, or any part thereof, or for the violation of any rule made in conformity with this act by the commissioner of mines of the State of Colorado. Such penalty when recovered shall be turned over by such district attorney to the treasurer of the State of Colorado for the benefit
of the general school fund of the State of Colorado. Same subject. Sec. 27. Justices of the peace in their respective counties, shall have
jurisdiction in prosecutions for the violation of this act, subject to the right of appeal as now provided for in cases of assault and battery,