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governor. No person shall hold the office of deputy inspector of mines while an employee or officer of any mining company or corporation.

The deputy inspector of mines must devote his entire time to the duties of his office under the supervision and direction of the inspector of mines, and his annual salary is one thousand, six hundred and fifty dollars.

SEC. 582 (as amended by chapter 98, Acts of 1903). It is the Annual duty of the inspector of mines by himself or deputy to visit every spections. mine in the State, once every year and inspect its workings, timbering, ventilation, means of ingress and egress, and tbe means adopted and in use for the preservation of the lives and safety of the miners employed therein. For this purpose the inspector and his deputy at all times shall have access to any mine and all parts thereof. All mine owners, lessees, operators or superintendents, must render such assistance as may be necessary to enable the inpector or his deputy to make the examination.

When upon such inspection any mine or portion thereof is found to be in an unsafe condition, the inspector shall at once serve a notice in writing upon the owner, lessor, lessee, agent, manager or superintendent thereof, setting forth the nature of the defects which render such nine unsafe and the point or place in such mine where such defects exist, and requiring the repairs necessary to remedy such defects to be made within a specified time, and, if in his judgment the circumstances so require, he shall forbid the operation of such mine or portion thereof as has been declared unsafe, save and except for the purpose of making the repairs necessary for the purpose of remedying such defects and making such mine safe for the laborers employed therein.

Sec. 583 (as amended by chapter 98, Acts of 1903). Whenever Complaints. the inspector of mines receives a complaint in writing signed by one or more parties setting forth that the mine in which he or they are working is dangerous in any respect, he or the deputy inspector must in person visit and examine such mine. Every complaint must set forth the nature of the danger existing at the mine and the time the cause of such danger was first observed.

Sec. 584 (as amended by cbapter 98, Acts of 1903). After such Notice to be complaint has been received by the inspector of mines, he must, given. as soon as possible, visit such mine; and if from such examination he ascertains that the mine is from any cause in a dangerous condition, he must at once notify the owner, lessor or agent thereof, such notice to be in writing, and to be served by copy on such owner, lessor, lessee, or agent, in the same manner as provided by law for the serving of legal process, and the notice must state fully and in detail in what particular manner such mine is dangerous or insecure, and requires (require] all necessary changes to be made without delay, for the purpose of making such mine safe for the laborers employed therein; and in any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injury sustained by an employee subsequent to such notice and in consequence of a neglect to obey the inspectors' requirements, a certified copy of the notice served by the inspector is prima facie evidence of the gross negligence of the party or parties so complained of. If the owner, lessor, lessee, or agent of any such mine shall neglect or refuse to obey or comply with the instructions of the inspector as contained in such notice, or shall neglect or refuse to (ause the repairs necessary to remedy such defects to be made within a reasonable time, or shall refuse to cause work to be stopped when so ordered, such party or parties so refusing may be prosecuted criminally by the inspector.

Sec. 585 (as amended by chapter 98, Acts of 1903). It is the Mines to be duty of the inspector of mines, at least once in each year, either visited. in person or by deputy inspector, to visit each mining county in the State and examine as many of the mines in the different counties as practicable, and make such recommendations as in his judgment are necessary to insure the safety of the workmen

employed therein; and whenever from his examination, he finds any mine to be in an unsafe condition, he shall at once serve a notice upon the owner, lessor, lessee, or agent fails to comply with such notice, [sic] he may prosecute them or any of them as pro

vided in the next preceding section. Accidents. SEC. 586 (as amended by chapter 98, Acts of 1903). Whenever

a serious or fatal accident occurs in any mine it is the duty of the person in charge thereof to immediately notify the inspector of mines or the deputy inspector, and upon receiving such notice the inspector in person or the deputy inspector must at once repair to the place of accident, and investigate fully the cause of such accident, and whenever possible to do so, the inspector or deputy inspector shall be present at the coroner's inquest held over the remains of the person or persons killed by such accident, and testify as to the cause thereof, and state whether, in his opinion, the accident was due to the negligence or mismanagement of the owner or person in charge.

If the inspector or deputy inspector can not be immediately present in case of a fatal or serious accident occurring, it is the duty of the owner or person in charge of the mine to have written statements made by those witnessing the same, and duly sworn to. In case no person was present at the time of the accident, then the verified statement of those first present after the accident must be taken, and such statement must be given to the inspector or the deputy inspector.

If after making such investigation the inspector deems the facts warrant it, he may prosecute criminally the owner, lessor,

lessee, or agent of the mine in which such accident occurred. Bond.

Sec. 587. The inspector of mines must execute an official bond in the sum of five thousand dollars, and the deputy inspector must execute an official bond in the sum of twenty-five hundred

dollars. Report.

SEC. 588. The inspector of mines must make an annual report to the governor on the first Monday of November, and in the report must state all the accidents that have occurred in the mines of the State which have occasioned serious injury or resulted fatally, together with the nature and cause of such accidents. Such report must also contain statistical and other information which may tend to promote the development of the mineral resources of the State, and must set forth the result of the

inspector's labors. Application of Sec. 589 (as amended by chapter 98, Acts of 1903). The provi

sions of the article [secs. 580 to 590) do not apply to mines in which less than five men are employed. But all owners, lessors, lessees, agents, or managers operating any metalliferous mine in this State in which five or more men are employed, shall report the same to the inspector of mines, state the name of the mine, the location of the same, the name of the company, person or persons owning or operating the same, post-office address and

number of men employed. Penalty.

SEC. 590. All violations of the provisions of this article [secs. 580 to 590] are provided for in the Penal Code, section 722.

law.

Bureau of agriculture, labor and industry.

es

Bureau

SECTION 760 (enacted March 4, 1897; page 110, Acts of 1897). A tablished.

bureau of agriculture, labor and industry is hereby established for this State, whose executive officers shall be a commissioner, appointed by the governor, and a chief clerk, who shall be appointed by the commissioner. The term of office of the commissioner shall be four years, and he may be removed by the governor for incompetence, neglect or malfeasance in office. The commissioner shall execute a bond in the penal sum of five thousand dollars, to be approved by the governor, and to be filed with the State auditor

for the faithful performance of his duties. Duties of com- SEC. 761 (enacted March 4, 1897; page 110, Acts of 1897). The missioner.

commissioner shall collect, assort and arrange, systematize and

Powers.

present in an annual report to the governor on or before the first day of December in each year, statistical details relating to all departments of labor and industry in the State of Montana, especially in relation to the agricultural, commercial, mining, manufacturing, educational and social interests and sanitary condition of the laboring classes and to the prosperity of all the productive industries of the State.

SEC. 762 (enacted March 4, 1897; page 110, Acts of 1897). The commissioner shall have the power to administer oaths, have and use a seal, with power, to examine witnesses under oathi, to take depositions or cause the same to be taken by anyone authorized to take depositions, and said commissioner may deputize any male citizen over the age of twenty-one years to serve subponas upon witnesses who shall be summoned in the same manner as witnesses before the district court, and any person or owner, operator, or lessee of any mine, factory, workshop, smelter, mill, warehouse, elevator, foundry, machine shop or other establishment, any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner admission therein for the purpose of inspecting, or who shall when requsted by him willfully neglect or refuse to furnish to him any statistics or other information relating to his lawful duties, which may be in their possession or under their control, or who shall willfully neglect or refuse for thirty days to answer questions by circular or by personal application, or who shall knowingly answer such questions untruthfully or who shall refuse to obey any such subpænas and give testimony according to the provisions of this act, shall for every such willful neglect or refusal be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty nor more than one hundred dollars : Provided, That no witness shall be compelled to answer questions respecting his private affairs nor to go outside of his own county to give testimony.

Sec. 763 (enacted March 4, 1897; page 110, Acts of 1897). The commissioner of said bureau shall receive an annual salary of twenty-five hundred dollars and the chief clerk an annual salary of fifteen hundred dollars.

Salary.

Free public employment offices. SECTION 776 (enacted March 4, 1897; page 110, Acts of 1897). Offices auIt shall be lawful for the common counsel (council?) of any incor- thorized. porated city within this State to provide for the establishment of a free public employment office to be conducted on the most approved plans, and to provide for the expenses thereof out of the revenues of the city in which the same is established. The annual report of the commissioner of agriculture, labor and industry shall contain a detailed account of the transactions of all free employment offices within the State, showing the number of applicants for help, the number of applicants for employment, male and female, the number securing employment through said officers [offices] and the expenses thereof.

Employment of children.
SECTION 1920 (as amended by chapter 45, Acts of 1903).

School atEvery parent, guardian or other person having charge of any child tendance. between the ages of eight and fourteen years shall send such child to a public, private, or parochial school, for the full time that the school attended is in session, which shall in no case be for less than sixteen weeks during any current year, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance

upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified,

* or that there is no school taught the required length of time within 21 miles of the residence of such child by the nearest traveled road :

*

*

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Provided, That no child shall be refused admission to any public

sehool on account of race or color. Employment SEC. 1921 (as amended by chapter 45, Acts of 1903). No child during school under fourteen years of age shall be employed or be in the employterm.

ment of any person, company or corporation during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation an age and schooling certificate herein provided for. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of trustees in village and township districts not having such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in section 1920 of this article; or if between the ages of fourteen and sixteen

years, a knowledge of his or her ability to read and write legibly Certificate. the English lunguage. The age and schooling certificate shall be

formulated by the superintendent of public instruction and the same furnished, in blank, by the clerk of the board of trustees or the clerk of the district. Every person(,) company, or corporation employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon the request of the truant officer hereinafter provided for, permit him to examine such age and schooling certificate. Any person, company, or corporation, employing any minor contrary to the provisions of this section shall be fined not less than twenty

five nor more than fifty dollars for each and every offense. Illiterates. SEC. 1922 (as amended by chapter 15, Acts of 1903). All minors

over the age of fourteen and under the age of sixteen years, who cannot read and write the English language shall be required to attend school as provided in section 1920 of this article, and all the provisions of said section shall apply to said minors: Provided, That such attendance shall not be required of such minors after they have secured a certificate from the superintendent of schools in districts having superintendents, or the clerk of the board of trustees in districts not having superintendents, that they can read, and write the English language. No person, company or corporation shall employ any such minor during the time schools are in sesion, or having such minor in their employ shall immediately cease such employment, upon notice from the truant officer who is hereinafter provided. Every person, company, or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars for each and

every offense. Truant officer. SEC. 1924 (as amended by chapter 45, Acts of 1903).

The truant officer shall be vested with police powers, the authority to serve warrants, and have authority to enter workshops, factories, stores and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or otherwise to enforce the provisions of this act;

*

Collection of statistics.

Duty of State SECTION 3290. The State auditor must annually prepare from auditor.

the official reports and from other reliable sources to which he may obtain access, as full tables of the statistics of the State as may be in his power, and report the result of his labors to the

governor. Officers to an Sec. 3291. In order to insure a more perfect collection of the swer questions, statistical information contemplated by this chapter, every officer

within this State must answer fully and promptly the special and general questions the State auditor may propound in carrying

out the objects mentioned in this chapter, and no person must Duty

receive any compensation for answering such questions. county assess

SEC. 3292. The county assessor must annually, at the time of taking the list of personal property for taxation, take from each

of

or.

person a statement of the

gross receipts from placer mines and wages paid per day; number of grist mills and number of sacks of flour manufactured ; number of saw mills and number of thousand feet of lumber cut; number of tan yards and number of sides of leather manufactured ; number of foundries and number of tons of castings produced ; number of wagons manufactured; number of carpenter shops, and wages paid per day; number of harness and saddlery shops, and value of manufactures; number of blacksmith shops and wages paid per month; number of silversmith shops, and wages paid per month; number of coal mines and number of tons taken out; number of reduction works, furnaces or quartz mills, and the number of tons of bullion produced and the value thereof; the number of manufacturers of every kind, not hereinbefore mentioned ;

SEC. $294. Any assessor failing to perform his duty as provided in this chapter, forfeits his office and the sum of four hundred dollars, which may be recovered in an action brought by the attorney-general in the State, and his last quarterly salary must not be paid until such report is made.

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Penalty.

State board of arbitration and conciliation.

SECTION 3330. There is a State board of arbitration and concili- Appointment ation consisting of three members, whose term of office is two of board. years and until their successors are appointed and qualified. The board must be appointed by the governor, with the advice and consent of the senate. If a vacancy occurs at any time the governor shall appoint some one to serve out the unexpired term, and he may in like manner remove any member of said board.

SEC. 3331. One of the board must be an employer, or selected Qualificafrom some association representing employers of labor; and one

tions. of them must be a laborer, or selected from some labor organization, and not an employer of labor, and the other must be a disinterested citizen.

SEC. 3332. The members of the board must, before entering upon Organization. the duties of their office, take the oath required by the constitution. They shall at once organize by the choice of one of their number as chairman. Said board may appoint and remove a clerk of the board, who shall receive such compensation as may be allowed by the board, but not exceeding five dollars per day for the time employed. The board shall, as soon as possible after its organization, establish such rules or modes of procedure as are necessary, subject to the approval of the governor.

Sec. 3333. Whenever any controversy or dispute, not involving Mediation. questions which may be the subject of a civil action, exist between an employer (if he employs twenty or more in the same general line of business in the State) and his employees, the board must, on application as is hereinafter provided, visit the locality of the dispute and make inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done, by either or both, to adjust said dispute, and the board must make a written decision thereon. The decision must at once be made pub- Decision to be lic, and must be recorded in a book kept by the clerk of the board,

published. and a statement thereof published in the annual report and the board must cause a copy thereof to be filed with the clerk of the (ounty where the dispute arose.

SEC. 3334. The application to the board of arbitration and con- Application s. ciliation must be signed by the employer, or by a majority of his to be signed. employees in the department of the business in which the controversy or difference exists, or their duly authorized agent or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until the decision of said board if it shall be made within four weeks of the date of filing said application. When an application is signed by an agent

H. Doc. 733, 58-2—44

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