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coal mine to which this act applies found guilty of violating any of the provisions of this act shall be punished by a fine not exceeding five hundred dollars or less than one hundred dollars or by imprison. ment in the county jail not exceeding six months or by both fine

and imprisonment in the discretion of the court. Application of SEC. 19. The provision of this act shall apply only to coal mines.

law.

MONTANA.

CONSTITUTION.

ARTICLE 15.—Contracts of employees waiving right to damages.

Contracts lim- SECTION 16. It shall be unlawful for any person, company or coriting liability, poration to require of its servants or employees, as a condition of

their employment or otherwise, any contract or agreement, whereby such persons. company or corporation, shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof; and such contracts shall be absolutely null and void.

ARTICLE 18.Bureau of agriculture, labor, and industry.

Assembly may SECTION 1. The legislative assembly may provide for a bureau of provide for agriculture, labor and industry, to be located at the capital and be bureau.

under the control of a commissioner appointed by the governor subject to the confirmation of the senate. The commissioner shall hold his office for four years, and until his successor is appointed and qualified, his compensation shall be as provided by law.

CODES AND STATUTES-SANDERS' EDITION-1895.

POLITICAL CODE.

Inspection of steam boilers--E:ramination and licensing of

engineers.

Inspector of Section 550. There must be appointed by the governor, by and boilers.

with the advice and consent of the senate, one inspector of boilers, whose duty it is to inspect all steam boilers now in use in the State, not subject to inspection under the laws of the United States, and to examine and grant licenses to steam engineers intrusted with the care and management of steam boilers and steam machinery. The salary of the inspector of boilers is twenty-four hundred dollars per year, and his term of office is four years, unless sooner removed by the governor. The inspector of boilers must execute an

official bond in the sum of five thousand dollars. Qualifica- SEC. 551. No person is eligible to hold the office of inspector of tions.

boilers and steam machinery who has not had at least five years of actual practice in the operations of steam engines, steam boilers and steam machinery, or who is directly or indirectly interested in the manufacture or sale of boilers or steam machinery, or any patented article required to be sold or in general use in the construc

tion of steam boilers or steam engines. Assistant in- SEC. 552. There shall be an assistant inspector, to be called the asspector. sistant inspector of boilers. Such assistant inspector must be a

person who has had at least four years experience in the practical operation of steam engines and boilers, and he must be a person of temperate habits and good character, and qualified to perform the duties of bis office. We shall be appointed by the governor, by and with the consent and advice of the senate, and is subject to removal at the will of the governor. The salary of the assistant inspector is eighteen hundred dollars per year. The assistant inspector must execute an official bond in the sum of twenty-five hundred dollars.

Sec. 553. The inspector of boilers must have his office at the seat Rules to be of government, and the inspector and assistant inspector must

adopted. adopt rules as nearly uniform as possible for the inspection of steam boilers and steam machinery, and prescribe the nature and extent of the examination of applicants for licenses, and adont such rules for the issuing thereof as are required by the provisions of this article, and niust adopt such rules as they may deem necessary to carry into effect the provisions of this article, and distribute copies of such rules among the engineers and superintendents of mines and mining companies of the State, and all persons having charge or control of steam machinery.

Sec. 554. The inspector of boilers must inspect all steam boilers Inspection of and steam generators before the same are used, except in the case boilers, etc. of new boilers, which must be inspected within ninety days after they are put in use, unless accompanied by a certificate that sucn boiler has been inspected by a regular State inspector, and all boilers must be inspected at least once in every year. And the inspector of boilers must subject all boilers to hydrostatic pressure, and satisfy hiinself by a thorough internal and external examination, that the boilers are well made and of good and suitable materials; that the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of the proper dimensions and free from obstructions; that the flues are circular in form; that the fire line of the furnace is at least two inches below prescribed minimum water line of the boilers; that the arrangement for delivering the feed water is such that the boilers can not be injured thereby, and that such boilers and their steam connections may be safely employed without danger to life.

Sec. 555. He must also satisfy himself that the safety valves Safety valves. are of suitable dinensions, sufficient in number and area, and properly arranged, and that the safety valve weights are properly adjusted, so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate; that there are a sufficient number of gauge cocks properly inserted to indicate the am unt of water, and suitable gauges that will correctly record the pressure of steam; and adequate and certain provisions for an ample supply to feed boilers at all times, and that suitable means for blowing out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers when they are under pressure of steam. In subjecting boilers to the hydrostatic test, the inspector must assume one hundred and twenty-five Maximum pounds to the square inch as the maximum pressure allowable pressure. as a working pressure for new boilers of forty-two inches in 1 diameter, made in the best manner, of plates one-fourth of an inch thick, and of good material; but the inspector must rate the working power of all high-pressure boilers according to their strength as compared with this standard, and in all cases the test applied must exceed the working pressure allowed, in the ratio of one hundred and seventy-five. Should the inspector be of the opinion that any boiler, by reason of its construction, or material, will not safely allow so high a working pressure, or will allow a greater working pressure than is herein provided, he may, for reasons to be stated specifically in his certificate, fix the pressure of such boiler at more or less than three-fourths of the test pressure, as the case may be.

Sec. 556. No boiler or steam pipe, nor any of the connections Use thereto must be approved which is made in whole or in part of material, etc. bad material, or is unsafe from any cause. Nothing herein shall be construed to prevent the use of any boiler or steam generator which may not be constructed of riveted iron or steel plates, when the inspector has satisfactory evidence that such boiler or steam generator is equal in strength to and as safe from explosion as boilers of the best quality, constructed of iron or steel plates. In any case where for good cause the inspector is unable to make any such inspection or examination of any steam boiler, it is the duty

or

bad

of the assistant inspector to proceed and act in accordance with the requirements of this article as fully as the inspector is em

powered to do. . Additional in- Sec. 557. In addition to the annual inspection, it is the duty spections. of the inspector, or of the assistant inspector, to examine at

proper tiines, when in their opinion sucli examination is necessary, all such boilers as shall have become unsafe from any cause, and to notify the owner or the person using such boilers of any defect

and what repairs are necessary to render them safe. Access to Sec. 558. It is the duty of the owners or managers of steam boilers.

boilers to allow the inspectors free access to the same, and the engineer operating the same must assist the inspectors in their examinations and point out any defects they may know in the boilers or machinery in their charge. Any engineer not complying with this section shall have his license revoked or be sus

pended. Engineers to Sec. 559. No person must be granted a license to operate steam be licensed

boilers or steam machinery under the provisions of this article who has not been examined by an inspector and found competent to perform the duties of an engineer and receive from such inspector a written or printed license so to act. Any person who operates any steam boiler or steam engines without first obtaining a license from an inspector or assistant inspector is guilty of a

misdemeanor. Classes of en SEC. 560. Engineers must be divided into three classes, namely: gineers.

First-class engineers, second-class engineers and third-class engineers. No license must be granted to any person to perform the duties of " first-class engineer,” who has not taken and subscribed an oath that he has had at least three years' experience in the operation of steam boilers and steam machinery, or whose knowledge and experience is not such as to justify the belief that he is competent to take charge of all classes of steam boilers and steam machinery. No license must be granted to any person to act as a “ second-class engineer" who has not taken and subscribed an oath that he has had at least two years' experience in the operation of steam boilers and steam machinery, and competent to take charge of all classes of steam boilers and steam machinery, not exceeding one hundred horse power. No license must be granted to any person to act as "third-class engineer" who has not served at least one year as fireman under a competent engineer, and found upon examination to be sufliciently acquainted with the

duties of an engineer to be trusted with steam boilers and steam Firemen.

machinery, not exceeding twenty horse power. All firemen who have charge of steam boilers as to the regulation of feed, water and fuel, where the boilers are so situated as not at all times to be under the eye of the engineer in charge, are required to pass a

third-class engineer's ” examination and procure the same kind

of license. Revocation of

Sec. 561. Whenever complaint is made against an engineer, holdlicense.

ing a license from the inspector, that he, through negligence, want of skill, or inattention to duty, permitted his boiler to burn, or otherwise to become in a bad condition, or that he has been found intoxicated while on duty, it is the duty of the inspector or assistant inspector to make a thorough investigation of the charge, and upon satisfactory proof of such charge to revoke the license of such engineer. The inspector and assistant inspector must, as often as convenient, publish a notice in some suitable newspaper, stating upon what days they will be in certain specified localities, and that they will then, and at the time and place specified in such notice, receive applications and make examinations for the purpose of granting engineers' certificates, and that they will examine all boilers subject to inspection in the vicinity of the

place appointed. Inspections

Sec. 562. In making the inspection of boilers and machinery may be joint or separate.

herein provided for, the inspectors may act jointly or separately ; but the inspector or assistant inspector, making such inspection, must in all cases subscribe and make oath to the certificate of in

66

Fees.

spection, and report such action. Any inspector or assistant False certifi. inspector who willfully and falsely certifies regarding any steam cation. boilers or their attachments, or grants a license to any person to act as engineer, contrary to the provisions of this article, is punishable under the provisions of section 635, of the Penal Code.

SEC. 563. The inspector or assistant inspector is authorized to charge a fee of ten dollars for the inspection of each single boiler and its steam connections, and five dollars for each additional boiler, when connected, which fee to be payable at the time of the delivery of the inspector's certificate of inspection. The fee for the examination of applicants for engineer's license is seven dollars and fifty cents for the first-class engineers, five dollars for second-class engineers, and three dollars for third-class engineers; to be paid at the time of application for license. In case of the failure of an applicant to pass a successful examination, ninety days must elapse before he can again be examined as an applicant for license in the class for which he was examined. But the said inspector may grant to an applicant a lower grade of license than that applied for upon such examination. All certificates of inspection and engineer's license must be displayed in some conspicuous place in the engine room.

SEC. 564. If any person who has applied for a license as a first Rejected apor second or third-class engineer, under the provisions of this ar- plicants. ticle, and has been rejected, feels aggrieved, he may at any time after the lapse of ten days, and within ninety after the date of his rejection, by petition in writing, set forth the causes of his grievince and demand another examination. Such petition must be addressed to and served upon the inspector, and shall be duly verified by the rejected applicant, and accompanied by the required fee for a second examination. Within two days after receiving such petition and fee, it is the duty of the inspector to notify the applicant in writing that on a day certain, which shall not be less than tive nor more than forty days after the date of the service of the petition upon such inspector, he will be ready to grant him another examination. At least two days before the day set for examination the applicant must designate in writing to such inspector the name of an engineer holding a certificate of equal grade with the one applied for, and such engineer may present himself upon the day and at the hur fixed for the reexamination.

SEC. 565. Upon the same day, or any day prior to the date set Reexa mina for such examination, the inspector and selected engineer must in tion. writing agree upon and designate and notify a third disinterested engineer holding a license equal in grade to the license applied for by the rejected applicant, to sit with them. On the day and hour set for such examination all three of such board, that is, the inspector and the engineer selected by the applicant and the engineer agreed upon by them, must proceed to carefully reexamine such . applicant and fully and fairly test his qualifications and capabilities to receive a license such as he has applied for. After such examination is completed, if a majority of such board decide that such applicant is entitled to the license he has applied for, or any license of any inferior grade, the inspector must without delay issue a certificate accordingly, but if a majority of such board reject the applicant, it is a final rejection, and he must not be granted another examination for the space of ninety days after such last rejection, when he may again apply to the inspector or assistant inspector as provided by section 563 of this article, and no person must be granted more than one reexamination before a board under the provisions of this article. One-half of the fee which may have accompanied any rejected applicant's petition for reexamination must be awarded by the inspector to each of the engineers who sit on any such examining board, and in case the applicant is granted a license the fee paid when he was first rejected is the fee for the issuing of such license granted by any board. In case any engineer selected or agreed upon as by this section is provided, fails or neglects to appear or serve, another may be selected in his place in the manner herein provided.

censes.

Application of Sec. 566. This article does not apply to railroad locomotives in law.

Montana, nor to traction engines, engines and boilers mounted on wheels, boilers used for heating purposes in private residences, nor to other boilers having a capacity of five horse power or less, nor are locomotive engineers or persons operating any of the engines or boilers herein exempted from the operation of this article, required to procure licenses from the State inspector or assistant inspector. The fees which may be demanded and received for the inspection of traction engines and furnace and boiler and otlier steam boilers in cities shall not exceed the sum of five dollars for each annual inspection. The penalties in this article provided for shall not apply in any case prior to the time the inspector or assistant inspector has notified the persons affected that they are ready to make the inspection. All certificates of inspection must be renewed yearly; the fee for the inspection of

boilers to be the same each year. Renewal of li. SEC. 567. All certificates of licenses to engineers of all classes

shall be renewed yearly. The fee for renewal is one dollar in all cases.

All moneys collected by virtue of this article must be paid into the State treasury at least as often as once in each month. The inspector of boilers must make an annual report to the governor on the first Monday of November, setting forth the moneys collected by him and the assistant inspector from any and all sources, and the disbursements and the number of boilers inspected by them, and the number and grades of licenses issued by them and to whom, and the general results of the experiences of his office; and such recommendations as to him may seem proper and fit. Said report must also refer to and acrount for the causes of any boiler explosions which may have occurred in the State during the year, and the loss of life or property result

ing therefrom. Operating SEC. 568. It is unlawful for any person in the State to operate boilers without license.

a stationary boiler or steam engine, or any boiler or steam engine other than railroad locomotives or other engines and boilers exempted in section 566, of this article, without a license granted under the provisions of this article. The owner, renter, or user of the steam engine or boiler is equally liable for violations of this section. But in case of accident, sickness, refusal to work, or any unforeseen prevention of the licensed engineer employed by any owner, renter or user of a steam engine or boiler, operated in remote districts, which would retard the work to be performed, the owner, renter or user may, for the space of four weeks, employ any person not having a license, whom he may consider competent, to run the engine or boiler. The person so employing the unlicensed engineer must immediately notify the inspector or

assistant inspector. Penalty. SEC. 569. All violations of the provisions of this article [sections

550 to 568 inclusive] are provided for in the Penal Code, sections 633 to 635 and 657.

Inspector of mines.

Qualifica- SECTION 580 (as amended by act approved March 4, 1897; page tions, etc., of 109, Acts of 1897). The governor, by and with the advice and inspector.

consent of the senate, must appoint an inspector of mines, who shall be at least thirty years of age, a resident of Montana at least one year, who shall be theoretically and practically acquainted with mines and mining in all its branches, and he shall hold his office for four years unless sooner removed by the governor. No person shall hold the position of inspector of mines while an employee or officer of any mining company or corporation. The inspector of mines must devote his entire time to the duties of his

office, and his salary is two thousand, four hundred dollars. Deputy in- Sec. 581 (as amended by act approved March 4, 1897 ; page 109, spector.

Acts of 1897). The governor by and with the consent of the senate must appoint a deputy inspector of mines who shall possess like qualifications to those required of the inspector of mines, who shall hold his office for four years unless sooner removed by the

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