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between the hours of six o'clock post-meridian and seven o'clock ante-meridian; and no child under the age of twelve years shall be Age limit. employed in any manufacturing, mechanical, or mining operation in this Commonwealth; and any owner, agent, superintendent, overseer, foreman, or manager of any manufacturing, mechanical, or mining operation who shall knowingly employ, or permit to be employed, in the operation of which he is owner, agent, superintendent, overseer, foreman, or manager any child contrary to the provisions if this act, and any parent or guardian who allows or consents to such employment of his child or ward, shall, upon conviction of such offense, be fined not less than twenty-five dollars nor more than one hundred dollars.
CHAPTER 187.—Trade-marks of trade unions. SECTION 1. Whenever any person, firm, corporation, or any asso- Unlawful to ciation or union of workingmen has heretofore adopted or used, counterfeit. or shall hereafter adopt or use, any label, trade-mark, term, design, device, or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor, as having been made, manufactured, produced, prepared, packed or put on sale by such person, firm or corporation, or association or union of workingmen, by a member or members of such association or union, and has filed the same for registry as hereinafter provided, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trademark, term, design, device or form of advertisement.
SEC. 2. Whoever counterfeits or imitates any such registered Penalty. label, trade-mark, term, design, device, or form of advertisement, or knowingly and with intent to deceive, sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such registered label, trade-mark, term, design, device, or form of advertisement, or knowingly and with intent to deceive, keeps or has in his possession, with the intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor to which, or on which, any such counterfeit or imitation is printed, painted, stamped or impressed, or knowingly and with intent to deceive, knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can, or package to which, or on which, any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, or knowingly and with intent to deceive, keeps or has in his possession with intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor in any box, case, can, or package to which, or on which, any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than three months. All such applications for registry shall be made on forms prescribed by the secretary of the commonwealth, and any person applying to the secretary of the commonwealth for a certificate of registry of any label, trade-mark, term, design, device or form of advertisement, shall furnish to the said secretary a copy, facsimile, or counterpart thereof. Sec. 3. Every such person, firm, corporation, association or union Label, etc., to
be filed. that has heretofore adopted or used, or shall hereafter adopt or use a label, trade-mark, term, design, device, or form of advertisement, as provided in section one of this act, may file the same for registry in the office of the secretary of the commonwealth by leaving six copies, counterparts, or facsimiles thereof with the said secretary, and by filing [t]herewith a sworn application, specifying (1) the name or names of the person, firm, corporation, association or union, on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed; (2), the class of merchandise and the description of the goods to which
it has been, or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trade-mark terni, design, device, or form of advertisement shall be filed, has a right to use the same; (3), that no other person, firm, association, union, or corporation has the right to such use, either in the ideti tical form or in any such near resemblance thereto as may be als
culated to deceive, and (4), that the facsimile(s) or (ounterparts Fee.
filed therewith are true and correct. There shall be paid for surti filing and registry to the secretary of the commonwealth a fee of two dollars and fifty cents. Said secretary shall deliver to such person, firm, corporation, association, or union so filing, or causing to be filed, any such label, trade-mark, term, design, device, or form of advertisement, so many duly attested certificates of the registry of the same as such person, firm, corporation, association, or union may apply for, for each of which certificates said septe tary shall receive a fee of two dollars and fifty cents. Any suiti certificate of registry shall in all suits and prosecutions under this act be sufficient proof of the adoption and registry of such label, trade-mark, term, design, device, or form of advertisement. Sed secretary of the commonwealth shall not record for any person, firm, corporation, union, or association any label, trade-mark, term, design, device, or form of advertisement that would protably be mistaken for any label, trade-mark, term, design, device. or form of advertisement heretofore filed by or on behalf of any other
person, firm, corporation, union or association. False repre
SEC. 4. Any person who shall for himself, or on behalf of any sentations.
other person, firm, corporation, association, or union, procure the filing and registry of any label, trade-mark, term, design, or form of advertisement in the office of the secretary of the commonwealth, under the provisions of this act, by making any false or fraudulent representations or declaration, verbally, or in writing. or by any fraudulent means, shall be liable to pay any damages, sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in any court having jurisdiction, and shall be punished by a fine not exceeding one hundred
dollars, or by imprisonment not exceeding three months. Enjoining SEC. 5. Every such person, firm, corporation, association, or counterfeits.
union which has adopted and registered a label, trade-mark, teru, design, device, or form of advertisement as aforesaid, may proces by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display, or sale, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such person, firm, corporation, association, or union, all profits derived from such wrongful manufacture, use, display, or sale; and such court shall also order that any such counterfeits or imitations in the possession, or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be
destroyed. Unauthorized SEC. 6. Every person who shall use or display the genuine regis
tered label, trade-mark, term, design, device, or form of advertise ment, of any such person, firm, corporation, association, or union in any manner, not being authorized so to do by such persn. firm, corporation, union, or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months, or by a fine of not more than one hur dred dollars. In all cases where such association, or union, is not incorporated, suits under this act may be commenced and prose cuted by an officer, or member of association or union, on behalf
of, and for the use of such association or union. Use of name SEC. 7. Any person, or persons, who shall in any way use the or seal.
name or seal of any such person, firm, corporation, association, or union, or officer thereof, in and about the sale of goods, or other wise, not being authorized to so use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than one hundred dollars.
ARTICLE 2.- Protection of employecs--Life and health.
SECTION 35. The legislature shall pass necessary laws for the Protective protection of persons working in mines, factories, and other em- laws to be ployments dangerous to life or deleterious to health, and fix pains
passed. and penalties for the enforcement of the same.
CODES AND STATUTES OF 1897.
TITLE 3.-Inspection of mines.
SECTION 172. The mining bureau shall,
with the ad- Appointment vice and consent of the senate, appoint a State geologist, who shall
of geologist. be a person known to be competent;
Sec. 179. The State geologist shall, at least once in each year, Inspection of visit each mining county in the State, and examine as many of the mines in the different counties and mining districts as may be practicable. He shall have power and authority to visit and examine any mine or piece of mining ground, for the purpose of ascertaining the condition of the same in regard to its safety and means of egress from the same, and for this purpose shall have access to all levels, slopes, tunnels, winzes, shafts, and shaft powers of any mine for the purpose of said inspection.
SEC. 180. Whenever the mining bureau or the State geologist Dangerous shall receive a formal complaint in writing, signed by five or more
mines. persons, employees in a mine, setting forth that the mine in which they are employed is dangerous in any respect, the State geologist shall visit and examine such mine, and if, from such personal examination, he shall ascertain that the facilities for egress are insufficient, or that from want of timbering, scaling, or slacking of the ground in such mine so visited, or from other causes, or that the timber, ladders or ladder ways, pentices or plats, in any such mine are in a dangerous condition, it shall become his duty to notify the owners, lessor, or lessee thereof; such notice to be in Notice. writing, and to be served by copy on any person or persons in the same manner as provided by law for the service of legal notices or process; said notice shall state in what particulars timbers, ladders, ladder ways, pentices, or plats are dangerous, and shall require the necessary changes to be made without delay; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injuries sustained by any employee subsequent to such notice and in consequence of a neglect to obey the State geologist's requirements, a certified copy of the notice served by the State geologist shall be prima facie evidence of the culpable negligence of the party or parties complained of.
TITLE 13.—Protection of employees as members of the National
SECTION 2006. No member of the National Guard shall be dis- Discharge on charged by his employer by reason of the performance of any account of
membership. duties which he may be ordered upon. When any member of the National Guard is ordered upon duty which takes him from his employment, upon the termination of such duty, if the same shall not continue for a longer period than three months, he may apply to be restored to his position or employment. Any employer, or the officer or other manager of any corporation, having authority to employ, who fails or refuses so to do, or violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding one hundred
dollars, or imprisonment not more than thirty days, or both such fine and imprisonment.
TITLE 18.—Mine regulations. Inspection dis- SECTION 3158. For the purposes of this act, this State shall be tricts.
divided into inspection districts, each district to contain not less than ten nor more than sixty coal mines, each district to be under the supervision of an inspector of coal mines, the manner of whose
appointment shall be as follows: Provided, That there shall be Inspector. appointed but one inspector until sixty coal mines shall be in oper
ation of this State. The governor shall, upon the recommendation of a board, to be by him selected and appointed for the purpose of examining candidates for appointment to the office of mine inspector under the provisions of this act, appoint a properly qualified person or persons to fill the office of inspector of coal mine for this State. The commissions of said inspector or inspectors shall be for the term of four years, and inspectors shall be at all
times subject to removal from office for neglect of duty or malfeat. Board of ex-sance in the discharge of their dutie Said board shall consists aminers. [consist) of one practical coal miner, one owner or operator of a
coal mine, and one mining engineer, all of whom shall be sworn to Qualifica- a faithful discharge of their duties. The said inspectors shall l tions, etc., of citizens of the State of Washington and shall have had at least
five years' practical experience in coal mining. Such person or per sons so appointed as inspector shall devote their entire time to the duties of the otfice, and shall possess other qualifications at present defined by the laws of the State of Washington, and not inconsistent with the provisions of this act. Each of such inspectors shall give bond in the sum of two thousand dollars, with sureties to le approved by a judge of a superior court of the county in which be resides, conditioned for the faithful performance of his duties. and take an oath (or affirmation) to discharge his duties impurtially and with fidelity, to the best of his knowledge and ability. The salary of each of such inspectors shall be fifteen hundred dollars per annum, and he shall have in addition thereto his actual mileage paid out for traveling while in the performance of his duties under the provisions of this act, and the auditor of the State is hereby authorized and directed to draw his warrant on the State treasurer in favor of each of such inspectors for the amount due them for their salaries quarterly, to be paid out of
any moneys in the treasury not otherwise appropriated. Term and SEC. 3159. The board of examiners provided for in the next pre meetings of ceding section, shall be appointed by the governor and shall bold
office for four years. They shall meet immediately after the passage of this act, at the State capital, for the purpose of examining candidates for the office of mine inspector under the provisions of this act, and at such times thereafter when notified by the gove ernor that from any cause the office of mine inspector has or is about to become vacant. They shall receive as compensation fire dollars per day while actually and necessarily employed, and five
cents per mile for distance necessarily traveled. Definition. Sec. 3159a. No coal mine shall be considered a coal mine for the
purpose of enumeration in a district to increase the number of inspectors unless ten men or more are employed at one time in or about the mine, nor shall mines employing less than ten men be subject to the provisions of this act. It shall be the duty of the owner, agent or operator of any mine employing less than ten men in or about said mine to immediately notify the inspector when ten men or more are employed at any one time, said notice to be given within one week. Failure on the part of any owner. agent or operator to comply with this provision shall render the offender liable to a fine of not less than twenty dollars or more than one hundred dollars, with an additional penalty of five dol
lars per day for each day said notice is neglected to be giren. Enforcement. SEC. 3150h. It shall be the duty of the inspector of mines to
enforce the provisions of this act, and of all other acts for the
regulation of coal mines, in accordance with section 3175, and any infringement of the provisions of this act shall subject the offender to the same penalties as are provided in section 3177 and 3182a, unless otherwise provided for in this act.
Sec. 3160. The owner, agent, operator, or manager of every coal Maps. mine in this State shall keep in the office at such mine an accurate plan and section, or tracing thereof, on a scale not to exceed one hundred feet to the inch, showing the workings up to at least six months prior to any given date, and shall produce it to the inspector of mines for examination by him, but not for the purpose of copying the same, nor for any other purpose; and if requested by said inspector so to do, shall mark on the same the workings up to the time of the production of the same. Within three months next after the abandonment of any mine a plan and section or tracing thereof, showing the boundaries of the workings is to be sent by the owner, operator, or superintendent of such mine to the secretary of state as a mining record. The map or plan of such abandoned mines as aforesaid shall be the property of the State, and shall remain in the care of the secretary of state as a permanent record in his office.
SEC. 3161. Whenever the owner, agent, or operator of any coal Failure to mine shall neglect or refuse to furnish the said inspector with the furnish map. map or plan of any such mine, or make the addition to such map or plan upon the demand of the mine inspector, as provided in the last preceding section of this article, at the times and in the manner therein provided, the said inspector is hereby authorized to cause an accurate map or plan of the workings of such coal mine to be made at the expense of said owner, agent, or operator, and the cost thereof may be recovered by law from said owner, agent, or operator in the same manner as other debts, by suit in the name of the State, brought in the county where said mine is situated.
Sec. 3162. It shall not be lawful for the owner, agent, or oper- Escape shafts. ator of any coal mine to employ any person to work within said coal mine, or to permit any person to work in said mine, unless they are in communication with at least two openings in case such mine be worked by shaft or slope, which openings, shafts, or slopes shall be separated by natural strata by a distance of not less than one hundred feet at the mouth of such openings, except that in mines already opened such distance may be less, if, in the judgment of the mine inspector, one hundred feet is impracticable. If the mine be worked by drift, two openings not less than one hundred feet apart shall be required, except in drift mines heretofore opened, where the mine inspector shall deem such distance impracticable: Provided, however, That an aggregate number nct Proviso. exceeding twenty-four persons may be employed in the mine at any one time until the second opening shall be reached and made available, which said second opening the mine inspector shall cause to be made without unnecessary delay, and in case of furnace ventilation being used before the second opening is completed, the furnace shall not be placed within forty feet of the foot of the shaft, slope, or drift, and shall be well secured, so as not to be a source of danger by fire, by brick, stone, or walls made of other fireproof material or [of] sufficient thickness, while such second opening is being driven and until the same is completed.
SEC. 3163. All escapement shafts shall be equipped with stair- Provisions for ways or ladders having landing places or platforms at reasonable exit. distances apart, as in the judgment of the mine inspector they should be constructed for easy traveling, or in lieu thereof, such hoisting apparatus as will enable the employees in the mine to make safe and speedy exit in case of danger. The escapement shaft and machinery used for hoisting or lowering employees out of or into said mine shall be kept in a safe condition and inspected at least once in each twenty-four hours by a competent person employed in whole or in part for that purpose.
Sec. 3164. Where a mine has only one means of ingress and Mines with egress, a daily record must be kept by the owner or person in single charge of said mine, showing the actual number and the names of