CHAP. 178.—An ACT concerning coal mines and safety of emplovees, cre-
ating a department and inspector of mines under the Bureau of ].a-
bor and Industrial Statistics.

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
there is hereby created a department known as the department
of mines, which department shall be under and subject to the
control of the bureau of labor and industrial statistics, and
which shall have for its purpose the supervision of the execu-
tion and enforcement of all laws enacted for the safety of ner-
sons employed within or at mines within the limits of the Com-
monwealth, and the protection of mine property and other prop-
erty used in connection therewith; and the said department shall
be in charge of an official to be known as the State mine in-
spector, hereinafter designated as inspector, who shall be ap-
pointed by, be under the control of, and shall report to the com-
missioner of labor and industrial statistics.

2. The inspector of mines shall have a thorough knowledge
of the different svstems of working and ventilating coal mines,
and of the nature and properties of mine gases, especially ex-
plosive gases, and dust; and shall have a thorough and practical
knowledge of mining gained by at least five vears’ experience
at and in coal mines; and shall be of good moral character and
temperate habits. The said inspector shall be removed from
office by the commissioner of labor for incompetency, neglect
of duty, drunkenness, malfeasance and for other good causes.
He shall keep a record of all inspections made by him and re-
port same to the commissioner of labor and industrial statistics,
who shall keep a permanent- record thereof properly indexed,
which record shall at all times be open to inspection by any
citizen of the commonwealth and shall be collated and embodied
in the annual report of the bureau.

3. The inspector shall deliver to the operator or operators
of each mine inspected a certificate of inspection and shall post
a duplicate certificate at a prominent place at or in the vicinity
of each mine inspected, of the operating company, where it may
be conveniently read by any of the mine employees; said dupli-
cate certificate shall remain posted until a subsequent certificate
is issued; and said inspector shall visit each mine once in six
months, or oftener if called on in writing by ten men engaged in
any one mine, or the owner, operator or superintendent of such
mine, and make a personal examination of the interior of all
mines, and outside of the mine where any danger may exist to
the workmen, and shall particularly examine into the condition
of the mines as to ventilation, drainage and general safety, and
shall make a report of such examination, and he shall see that
the provisions of the mining statute are strictly carried out; the
inspector failing to carry out the provisions of this act shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than fifty dollars nor more than two hundred and
fifty dollars and shall be dismissed from office.

4. The operator or agent of every coal mine shall, within
six months from the passage of this act, make or cause to be
made, unless already made and filed, an accurate map or plan
of such mine, on a scale to be stated thereon, of one hundred or
two hundred feet to the inch; such map or plan shall show the
opening or excavations, the shafts, slopes, entries and airways,
with darts or arrows showing direction of air currents, head-
ings, rooms, pillars and so forth, and such portions of such mine
or mines as may have been abandoned, the general inclination of
the coal strata, and so much of the property lines and the out-
crop of the coal seam of the tract of land on which said mine is
located, as may be within one thousand feet of any part of the
workings of such mine; a true copy of such map or plan shall,
within the six months aforesaid, be delivered by such operator
to the inspector to be preserved among the records of the bu-
reau of labor and industrial statistics, but it is provided that
in no case shall any copy of the same be made without the con-
sent of the operator or his agent; and the original map, or a
true copy thereof, shall be kept by such operator at the office of
the mine, and open at all.reasonable times for the examination
and use of the inspector; and such operator shall, twice within
every twelve months, to-wit: on or before the first day of Ieb-
ruary and the first day of August of each year, while the mine is
in operation, cause such mine to be surveyed and the map thereof
extended so as to accurately show the progress of the workings,
the property lines and outcrop as before described, and shall
forward the same to the department of mines therein, to be kept
of record, subject to the conditions hereinbefore stated.

5. If the operator or agent of any coal mine shall neglect or
fail to furnish to the inspector any copy of map or extension
thereof as provided in the preceding section of this act, the in-
spector is hereby authorized to cause a correct survey and map
or plan of said coal mine or extension thereof to be made at the
expense of the operator of such mine, the cost of which shall be
recovered from said operator as other debts are recovered by
law; and if at any time the commissioner of labor has reason
to believe that such map or plan or extension thereof, furnish-
ed in pursuance of the preceding section, be materially incorrect,
or such as will not serve the purpose tor which it was intended,
he may have survey and map or plan or the extension thereof
made or corrected, and the expense of making such survey and
map or plan or extension thereof, under the direction of said
commissioner, shall be paid by the operator, and the same may
be collected as other debts are recoverable by law; and if found
correct the expense thereof to be paid by the State.

6. After six months from and after the passage of this act, it
shall be the duty of the mine foreman or assistant mine fore-
man of every coal mine in the State to see that every person
employed to work in such mine shall, before beginning work
therein, be instructed as to any unusual or extraordinary dan-
ger incident to his work in such mine which may be known to
or could reasonably be foreseen by the mine foreman or assist-
ant mine foreman and it shall further be the duty of such mine
foreman or assistant mine foreman to see that every such person
employed in such mine shall upon request be furnished with copies
of this act and the printed rules of such mine.

Every inexperienced person so emploved shall work under
the direction of the mine foreman, his assistant or such other
experienced worker as may be designated bv the mine foreman
or assistant until he has had reasonable opportunity to become
familiar with the ordinary danger incident to his work, and it
shall be unlawful for the operator, agent or mine foreman of
any coal mine to employ any person to work in said mine or
permit any person to be in said mine with purpose of working
therein, unless they are in communication with at least two
onenings or outlets separated by natural strata of not less than
one hundred feet in breadth, if the mine be worked py shaft,
and of not less than fifty feet in breadth at the outlet, if worked
by slope or drift; to each of said outlets there shall be provided
from the interior of the mine a safe and available roadway prop-
erly drained, which shall at all times while the mine is in opera-
tion, be kept reasonably free from obstruction which might pre-
vent travel thereon in case of emergency, and if either of said
outlets be by the shaft it shall be fitted with safe and available
appliances, such as stairs or hoisting machinery, which shall at
all times, when the mine is in operation be kept in order and
ready for immediate use whereby persons employed in the mine
may readily escape in case of an accident.

This section shall not be applied to any mine while work is
being prosecuted with reasonable diligence in making communi-
cation between said outlets, necessary repairs and removing ob-
structions, so long as not more than twenty persons are employ-
ed at any time in said mine; neither shall it apply to any mine,
or part of a mine, in which a second outlet has been rendered
unavailable by reason of the final robbing of pillars, preparatory
to abandonment, so long as not more than twenty persons are
employed therein at any one time.

For violation of this section the operator, agent or mine
foreman shall upon conviction, be fined not less than fifty nor
more than five hundred dollars, or be imprisoned in the county
jail not Jess than ten nor more than ninety days, in the discre-
tion of the court or Jury.

7. The operator or agent of everv coal mine worked by shaft
shall forthwith provide, and hereafter maintain, a metal tube
from the top to the bottom of such shaft suitably adapted to the
free passage of sound, throumh which conversation may be held
between persons at the top and at the bottom of the shaft, also
the ordinarv means of signaling, and an approved safety catch
and a sufficient cover overhead on every carriage used for low-
ering or hoisting persons, and at the ton of the shatt an ap-
proved safety gate, and an adequate brake on the drum of every
machine used to lower or hoist persons in such shaft: and the
seid operator or agent shall have the machinery used for lower-
Ing or heisting persons into and out of the mine kept in safe con-
dition and inspected onee In each twenty-four hours by some
compefert nerson: and there shall be cut out and around the
side of the hoisting shaft or driven through the solid strata at
the hoitom thereof a traveling wav of not less than five feet high
and three fcoet wide to enable a person to pass the shaft, going
from one side of it to the other without passing over or under the
cage or other hoisting apparatus.

Any operator or agent who shall fail or refuse to comply
with the requirements of this section shall be guilty of a misde-
meanor, and upon conviction be fined not less than fifty nor more
than five hundred dollars, or be imprisoned in the county jail
not less than thirty davs nor more than one year, in the discre-
tion of the court or jury.

8. No operator or agent of any coal mine, worked by shaft or
slope, shall place in charge of any engine, used for lowering into
or hoisting out of said mine persons employed therein, any but
competent and sober engineers; and no engineer in charge of
such machinery shall allow any person, except such as may be
deputed for that purpose by the operator or agent, to interfere
with any part of the machinery; and no person shall interfere
with or intimidate the engineer in the discharge of his duties;
and in no case shall more than ten persons ride on any cage or
car at one time and no person shall ride on a loaded cage or car
in any shaft or slope.

All slopes, engine planes or motor roads used by persons in
any mine shall be of sufficient width to permit persons to pass
moving cars with safety, or refuge holes of ample dimensions
and not more than eighty feet apart shall be made on either
side of said slope, engine piane or motor roads; such refuge holes
shall be kept free from obstruction, and the roof and sides there-
of shall be made reasonably secure and be kept whitewashed at
all times; no person shall travel on foot to or from his work
upon any slope, engine plane or motor road when other good
roads are provided for that purpose.

For violation of the foregoing provisions of the section, the
operator, agent or miner shall, upon conviction, be fined not less
than ten nor more than five hundred dollars, or be imprisoned
in the county jail not less than ten nor more than ninety days, in
the discretion of the court, or jury.

9. The operator, agent or mine foreman of every coal mine,
whether worked by shaft, slope, or drift, shall provide and here-
after maintain for every such mine ample means of ventilation
affording no less than one hundred cubic feet of air per minute
for each and every person emploved in such mine, and as much
more as the inspector may require, which shall be circulated
around the main headings and cross headings and working pla-
ces to such an extent as may be reasonably necessary to dilute,
render harmless and carry off the noxious and dangerous gases
generated therein. And as the working places shall advance
break-throurhs for air shall be made not to exceed eighty feet
apart In pillars, or brattice shall be used so as to properly ven-
tilate the faces and all the break-throughs between intake and
return airwavs not required for the passage of air, shall be
closed with stoppings substantially built with suitable material,
which shall be approved by the inspector, so as to keep the work-
ing places well ventilated.

After six months from the passage of this act, not more than
sixty persons shall be permitted to work in the same air current,
in any mine in which dangerous gas has been detected in danger-
ous quantities; provided, however, that a larger number, not ex-
ceeding eighty persons, may be allowed by the inspector where,
in his judgment, it would be impracticable to comply with the
foregoing requirements.

No operator, agent or mine foreman shall permit any person
to work where they are unable to maintain at least one hundred
cubic feet of air per minute per man, but this shall not be con-
strued to prohibit the operator from employing men to make the
place of employment safe and to comply with this requirement;
provided, further, that while the repair work necessary to get
the mine in condition to comply with the law,.no person or per-
sons shall be permitted to enter that part of the mine affected
except those actually employed in doing the necessary repair
work.

In all mines accumulation of fine dry coal dust shall, as far
as practicable, be prevented, and such dust shall be properly
moistened, or otherwise treated to insure safety, in such manner
and form as the inspector may require.

For violation of the foregoing provisions of this section the
operator, agent or mine foreman shall, upon conviction, be fined
not less than fifty nor more than five hundred dollars, or be im-
prisoned in the county jail not less than ten nor more than nine-
ty days, in the discretion of the court or jury.

No miner or other employee shall take into any mine in this
State any larger quantity of powder or other explosive than he
may reasonably expect to use in any one shift, and all powder
shall be carried into the mine in_vessels containing not to exceed
five pounds. Any person violating this provision shall, upon
conviction, be fined five dollars for each offense, or imprisoned
in the county jail not exceeding ten days.

10. In all mines generating fire damp and where there is
every reason to believe that gas will be encountered in the future
workings and developments of the mine, the minimum ventila-
tion shall be one hundred and fifty cubic feet per minute for
each and every person employed therein, and as much more as
the inspector may deem requisite, and all stoppings on the main
entries shall be substantially filled with suitable material, so as
to keep the working places well ventilated; doors in the main
haulways shall be avoided in gaseous mines where reasonably
practicable, and overcasts built of masonry or other incombus-
tible material and of ample strength shall be adopted, and where
doors are used they must be built in a substantial manner and
hung so as to close automatically when unobstructed.

For violation of the foregoing provisions of this section the
operator, agent or mine foreman shall, upon conviction, be fined
not less than fifty nor more than five hundred dollars, or be im-
prisoned in the county jail not less than ten nor more than nine-
ty days in the discretion of the court, or jury.

All old, unused workings and abandoned parts of the mine
must be protected by such safeguards as would prevent the dan-
gerous overflow of any standing gas therein, and all avenues
leading thereto shall be arranged and conducted so as.to give
cautionary notice to all such workmen in such mines of the dan-
ger in entering therein; and in order to secure the safety of the
workmen in general against the danger in said abandoned or
worked out parts of the mine, proper notices shall be put up
and kept standing as far as practicable, which shall afford warn-
ing to all such workmen not to enter such parts of said mine;
and in addition thereto, aJl persons except those specially charg-
ed with that duty, are hereby forbidden to enter such parts of
said mine where gas may be found.

It shall be unlawful for any miner, after having exploded in
any working place sixty cubical inches or more of powder, in
one or more blasts, in any mine known to generate gas in large
quantities, to enter such working place and attempt to resume
work in any manner whatever with a naked light in less than
twenty minutes after the blast has been exploded.

And for violation of the provisions of this act, such person or
persons so offending shall be guilty of a misdemeanor, and up-
on conviction thereof shall be fined not less than five dollars nor
more than one hundred dollars and be confined in the county
jail not less than ten days nor more than one year. In all mines
where explosive gas or other gas of a dangerous or poisonous na-
ture is known to generate in dangerous quantities, the work-
men shall be immediately instructed to withdraw from the mine
in case of the stoppage of the fan, or heavy fall of the roof
which may obstruct the main intake or return airway until such
obstruction is removed.

11. And it shall be unlawful in all mines where gas is being
generated in dangerous quantities, to use any other mechanical
power for ventilation purposes except fan power, and the fan
shall be kept in operation night and day unless written permis-
sion be granted by the commissioner of labor or the inspector,
but no mine operator shall be required to keep such fan going
where it is necessary to shut down for the purpose of repairing
machinery or doing other work in the mines, which may make it
necessary.

It shall be the duty of every mine owner or operator in this
State, whose mine or mines are known to generate fire damp or
other dangerous gas or gases in dangerous quantities, to employ
a “fire boss” or “bosses” where necessary, who shall have such
knowledge of fire damp and other dangerous gases as to be able
to detect the same with the use of safety lamps, and shall have
a practicable knowledge of the subject of the ventilation of
mines and the machinery and appliances used for that pur-
pose and be a person with at least three years experience in
mines generating gases; it shall be the duty of said fire boss
or bosses, where employed in said gaseous mines, to prepare a
danger signal with suitable color at the mine entrance and no
person except the mine owner, operator or agent, and only then
in case of necessity, shall pass beyond this danger signal until
the mine has been examined by the fire boss, and the same or
certain parts thereof reported by him to be safe; it shall fur-
thér be the duty of said fire boss or bosses to go into all the
working places of such mine or mines where gas is known to
exist in dangerous quantities, and carefully examine the same
with a safety lamp and do, or cause to be done, whatever may
be necessary to remove from such working place or places all
dangerous gases and make the same safe for persons to enter
therein as workmen in such mine or mines, such examination
and removal of said gases shall begin within three hours before
the time each shift commences work, and it shall be the duty of
such fire boss at each examination to leave evidences of -his pres-
ence at the face of every working place examined, and if the
mine is safe he shall remove the danger signal, or change the
color thereof to safety, in order that the employees may enter
said mine and begin work; in the performance of the duties
on the part of the fire boss or bosses they shall have no superior
officer, but all the employees working inside of said mine or
mines shall be subordinate to said fire boss or gosses in this par-
ticular work; the fire boss shall, upon having completed the
examination of the mine before each shift, make a written rec-
ord of the condition of the mine within a book having a form
prescribed by the department of mines, which record shall at all
times be kept at the mine subject to the inspection of the in-
spector; it shall be unlawful for any person to enter said mine
or mines for any purpose at the beginning of work upon each
shift therein until such signal or warning has been given by
said fire boss or bosses on the outside ot said mine or mines as to
the safety thereof, as herein provided, except under the direction
of said fire boss or bosses, and then for the purpose of assisting
in making said mine safe, and each person who shall enter such
mine except as afor esiid, before such notice or signal has been
given, or any operator, agent, or fire boss who shall violate the
provisions of this section, shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than fifty dollars
nor more than five hundred dollars, or imprisoned in the county
jail not Jess than sixty days nor more than one year.

12. Mines in which explosive gas is known to be generated in
dangerous quantities from coal or adjacent strata shall be work-
ed exclusively by the use of locked safety lamps, and no other
lamp or torch shall be used except as may be permitted in writ-
ing by the Inspector; the safety lamps used for examining any
mine or which may he used for working therein, shall be furnish-
ed by, and be the property of the operator of the mine, and shall
be in charge of some person to be designated by the “fire boss,”’
and at least two safety lamps shall be kept at every coal mine
whether such mine generates fire damp or not.

Any operator, agent or other person who shall fail or refuse
to comply with the requirements of this section shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less
than fifty nor more than five hundred dollars, or be imprisoned
in the county jail not less than thirty days, nor more than one
year, in the discretion of the court or jury.

13. In order to better secure the proper ventilation of every
coal mine and promote the health and safety of persons employed
therein, the operator or agent shall employ a competent and
practical inside overseer, to be called mine foreman, who shall
be an experienced coal miner, or any person having five years’
experience in a coal mine, who shall keep a careful watch over
the ventilating apparatus and airways, traveling ways, pumps
and drainage; and shall see that as the miners advance their ex-
cavations, proper break-throughs are made, to properly ventilate
the mine, and shall use reasonable care to remove or secure all
loose coal, slate and rock over head in working places and along
the haulways, so as to prevent danger to persons employed in
such mines; and that sufficient props, caps and timbers, as nearly
as possible of suitable dimensions, are furnished for the places
where they are to be used, and such props, caps and timbers
shall be delivered and placed at such points as the rule for the
government of each respective mine provides for them to be de-
livered; and every workman in want of props, cap pieces and
timbers shall notify the mine foreman, or such other person who
may be designated for that purpose, at least one day in ad-
vance, giving the length and number of props, or timbers and
cap pieces he requires; but in case of an emergency the timbers
may be ordered immediately upon the discovery of any danger,
and it shall be the duty of each miner to properly prop and se-
cure his place in order to make the same secure for him to work
therein, and no miner shall work In any working places unless
he has props and timbers sufficient to make his place secure.
It shall be the duty of the mine foreman to see that the cross-cuts
are made as required by law, and that the ventilation shall be
conducted through such cross-cuts into the room by means of
check doors or curtains placed on entries or other suitable plac-
es, and he shall not permit anv room to be opened in advence of
the ventilation. Should the mine inspector discover any room,
entry or airway or other working place being driven in advance
of the ventilation contrary to the requirements of this act he
shall order the workmen working such places to cease work at
once until the law is complied with. And said mine inspector
shall have authority to permit violations of this provision when
he considers it safe and desirable so to do.

And the mine foreman shall measure the air currents at least
twice each month at the iniet and outlet, and at or near the faces
of the advanced headings, and shall keep a record of such meas-
urements in a book, having a form prescribed by the chief of
the department of mines. An anemometer shall be provided for
this purpose by the operator of the mine.

And in mines in which the operations are so extensive that all
the duties devolving upon the mine foreman cannot be discharg-
ed by one man, competent persons having three years’ experi-
ence in a coal mine may be designated and appointed as assist-
ants, who shall act under the mine foreman’s instructions, and
shall be responsible for their conduct in the discharge of their
duties under such designation or employment.

It shall further be the duty of the mine foreman to have bore
holes kept not less than twelve feet in advance of the face, and
where nec2ssary, on sides of the working places that are being
driven toward, and in dangerous proximity to an abandoned
mine or part of mine suspected of containing inflammable gases
or which is filled with water; on all haulways where hauling is
done by machinery of any kind, the mine foreman shall provide
a proper system of signals and for the carrying of a conspicu-
ous light on the front, and a light or flag on the rear, of every
trip or train of cars when in motion, provided that this shall not
apply to trips being hauled by gathering motors or mule teams
when operating on other main headings, and when hoisting or
lowering men occur before davlight in the morning or at even-
ings after darkness; at any mine operating by shaft the said
mine foreman shall provide and maintain at the shaft mouth
a light of a stationary character sufficient to show the landing
and all surrounding objects distinctly, and sufficient light of a
stationary character shall be located at the bottom of the shaft
so that persons coming to the bottom may clearly discern the
cages and other objects closely contiguous thereto; no cage on
which men are riding shall be lifted or lowered at a rate of speed
greater than six hundred feet per minute; no mine cars, either
empty or loaded, shall be hoisted while men are being lowered
or hoistered, and no cage having an unstable self-dumping plat-
form shall be used for the carrying of workmen unless the same
is provided with some device by which the same may be securely
locked when men are being hoisted or lowered into the mine,

At every mine where ten men are employed under ground
it shall be the duty of the operators thereof to keep always on
hand at the mine a properly constructed stretcher, a woolen and
a water-proof blanket, and all necessary requisites which may
be advised by a medical practitioner employed by the company,
and if as many as one hundred and fifty men be employed two
stretchers with the necessary equipment as above advised; the
mine foreman, or his assistant, shall visit and examine every
working place in the mine every alternate day while the miners
of such places are at work, and shall direct that each and every
working place shall be secured by props, or timbers whenever
necessary, Which shall be placed and used by the miners work-
ing therein as in this act, provided, to the end that such work-
ing places shall be made safe, and the same mine foreman shall
not permit nor shall any one work in a place known to be un-
safe, unless it be for the purpose of making it safe. The mine
foreman shall notify the operator or agent of the mine of his in-
ability to comply with any of the requirements of this section,
and it shall then become the duty of any operator or agent to at
once atiend to the matter complained of by the mine foreman,
so as to enable him to comply with the provisions hereof if the
same can be practically done. Any operator or agent of any coal
mine, or other person who shall neglect to comply with the
requirements of this section, shall, upon conviction, be guilty of
a misdemeanor, and shail be fined not less than fifty nor more
than five hundred dollars, or be imprisoned in the county jail
not less than ten nor more than ninety days, at the discretion of
the court. Any mine foreman or employee failing to comply
with this section shall, upon conviction, be fined not less than
five dollars, nor more than fifty dollars, or imprisoned in the
county jail not less than ten days nor more than ninety days, in
the discretion of the court.

14. The operator or agent of every coal mine shall furnish
the inspector proper facilities for entering such mine and mak-
ing examinations or obtaining information; and if any inspector
shall discover that any mine does not, in appliances for the
safety of the persons employed therein, conform to the provis-
ions of this act, or that by reasons of any defect or practice in
or at such mine the lives or health of persons employed therein
are endangered, he shall immediately, in writing, notify such op-
erator or agent thereof, stating in such notice the particulars
in which he considers such mine to be defective or dangerous,
and if he deems it necessary for the protection of the lives or
health of the persons employed in such mine, he shall, after giv-
ing notice of one day to said operator or agent in writing, notify
immediately the State mine inspector, who shall immediately ex-
amine the mine reported to be unsafe, and if upon such examina-
tion of the mine reported to be unsafe, is in fact found to be in
an unsafe condition, the department of mines shall forthwith
order the mine, or such part thereof, to be closed until it is plac-
ed in a safe and proper condition for mining operations; the own-
er or operator of any mine so closed may apply to the circuit
court wherein such mine is located, or the judge thereof in vaca-
tion, by petition, for an order directing such mine to be reopen-
ed, and such court, or the judge thereot in vacation, shall imme-
diately hear and determine the matters arising upon petition,
and if upon full hearing thereof the court, or the judge thereof
in vacation, shall find that said mine is in a reasonably safe con-
dition, the prayer of said petition shall be granted; but notice
of said hearing shall be given to the mine inspector or the com-
missioner of labor, three days at least before said hearing; and
in all such hearings, the attorney general shall appear for the
State and defend the same.

15. No boy under fourteen years of age, nor female persons
of any age, shall be permitted to work in any coal mine, and in
all cases of doubt the parents or guardians of such boys shall
furnish affidavits of their ages.

Any operator, agent or mine foreman who shall knowingly
violate the provisions of this section, or any person knowingly
making a false statement as to the age of any boy under four-
teen years of age applying for work in any coal mine, shall,
upon conviction, be fined not less than ten nor more than five
hundred dollars, or to be imprisoned in the county jail not less
than ten nor more than ninety days, in the discretion of the
court.

16. No miner, workman or other person shall knowingly in-
jure any shaft, lamp, instrument, air course, brattice, overcast,
door or curtain, or obstruct or throw open any airways, or car-
ry matches or open lights in the places worked by safety lamps,
or disturb any part of the machinery or appliances, open a door
used for directing ventilation and not close it again, or enter any
part of a mine against caution, or deposit human excretion in
any air course, through which the ventilating air current passes,
or disobey any order given in carrying out any of the provisions
of this act, or do any other act whereby the life or health of any
person employed in the mines or the security of the mines is en-
dangered; any person who shall violate the provisions of this
section shall, upon conviction, be fined not less than ten nor more
than five hundred dollars, or be imprisoned in the county jail
not less than ten nor more than ninety days, in the discretion of
the court; when any operator of a mine shall refuse to furnish
all supplies necessary for the mine foreman to comply with the
requirements of this act, within a reasonable time, after being
requested to do so, and by reason of such refusal, loss of life or
injurv may result to any employee, a right of action for damages
may ensue against the operator of the mine wherein such em-
plovee has not contributed to his own injury or loss.

17. Whenever by reason of any explosion or other accident in
anv coal mine, or the machinery connected therewith, loss of life
or serious personal injury shall occur, it shall be the duty of the
superintendent of the colliery, and in his absence, the mine fore-
man in charge of the mine, to give notice forthwith by mail or
otherwise, to the inspector, stating the particulars of such acci-
dents; and the said inspector shall, if he deems it necessary from
the facts reported, immediately go to the scene of such accident
and make suggestions and render such assistance as he may
deem necessary for the future safety of the men, and investigate
the cause of such explosion or accident, and make a record there-
of which he shall preserve with the other records of his office;
and to enable him to make such investigation, he shall have the
power to compel the attendance of witnesses, and to administer
oaths or affirmations, and the cost of such investigation shall be
paid by the county in which such accident occurred. Any op-
erator, agent, superintendent or mine foreman who shall fail to
perform the duty provided in this section shall, upon conviction,
be guilty of a misdemeanor, and shall be fined not less than ten
nor more than five hundred dollars, or be imprisoned in the
county jail not less than ten nor more than ninety days, in the
discretion of the court.

18. The operator or agent of every coal mine shall annually,
during the month of July, mail or deliver to the inspector a re-
port for the preceding twelve months, ending with the thirtieth
day of June; such report shall state the names of the operators
and officers of the mine, the quantity of coal mined and such
other information, not of a private nature as may from time to
time be required by the inspector; blank forms of such reports
shall be furnished by the commissioner of labor. At any time
any person, company or corporation operating a coal mine shall
transfer the ownership of any mine to another person, company
or corporation, the person, company or corporation transfer-
ring such ownership shall within thirty days make a report to
the state inspector of mines of such change, and a statement of
the tons of coal produced since the first of July last, previous to
the date of such sale or transfer of such mine or mines; any op-
erator or agent failing to furnish the reports as required in this
section shall be guilty of a misdemeanor and, upon conviction
shall be fined not less than fifty nor more than five hundred
dollars, or imprisoned in the county jail not less than thirty nor
more than ninety days, in the discretion of the court.

19. Any operator, agent, superintendent or mine foreman
having in charge any mine who shall knowingly permit any per-
son to work in any part of said mine in a violation of instructions
in writing, issued by the inspector, made in compliance with the
requirements of this act. shall upon conviction be fined not less
than fifty nor more than five hundred dollars, and any employe
who shall work in violation of such instructions shall, upon con-
viction, be fined not less than ten nor more than fifty dollars.

20. In any mine in which solid shooting is done the inspector
is authorized to prescribe the conditions under which such solid
shooting may be done.

21. No steam locomotive shall be used in mines where men
are actually employed in the extraction of coal, except by the
consent of the inspector, but this shall not be construed to pro-
hibit any mine owner from operating a steam locomotive through
any tunnel, haulway or part of a mine that is not in actual oper-
ation and furnishing coal; any operator or agent who violates
this section shall be guilty of a misdemeanor and, upon convic-
tion, shall be fined not less than fifty nor more than five hundred
dollars, or be imprisoned in the county jail not less than thirty
nor more than ninety days, in the discretion of the court.

22. There shall be adopted by the operator of every mine in
State special rules for the government and operation of ev-
mine or mines, covering all the work pertaining thereto in
outside of the same, which however, shall not be in conflict
1 the provisions of the mining laws of this State, such rules
n established shall be printed on cardboard, in the languages
cen by ten or more employees, and shall be posted up in the
n house, tipple or some other conspicuous place about the
es where the same may be seen and observed by all of the
lovees at such mines, and when said rules are so posted
same shall operate as a notice to all employees at such mine
heir acceptance of the contents thereof; and it shall be the
- of each mine operator to furnish a printed copy of said
s to each of his employees when requested by either or anv
hem; any operator or agent who violates the provisions of
section shall be guilty of a misdemeanor and upon convic-
, shall be fined not less than fifty nor more than five hun-
1 dollars, or be imprisoned in the county jail not less than
ty nor more than ninety days, in the discretion of the court.
23. In all prosecutions under this act the circuit court and
ices of the peace have concurrent jurisdiction, with right of
eal to the circuit court.

24. The provisions of this act shall apply only to coal mines
vhich five or more persons are employed in a period of twen-
our hours, but no mine employing less than ten shall be re-
‘ed to employ a mine foreman.
25. That only animal, vegetable or parafine oil, or other oil
ree from evolution of smoke as a standard cotton-seed oil,
n burned in a miner’s lamp, shall be used in any open lamp
orch for illuminating purposes in any coal mine in this State,
that kerosene or blackstrap oil, or a mixture of kerosene
blackstrap, shall not be used in miners’ torches for illum-
ing purposes in any coal mine in this State. Except that a
ture of mineral oil (other than blackstrap oil) and vege-
e oll can be used (in lamps) upon machinery used as a mo-
power to haul the coal in anv mine in this State, and except
her, that a mixture of mineral and vegetable oil can be used
all stationary lights.
26. A standard cotton-seed oil shall have the following test:
(a) It shall be free from minera} oils or mineral oil com-
nds.

(b) It shall be tested in a glass tube one and one-half inches
jiameter by eight inches deep, and the oil shall be at a tem-
iture of sixty degrees Fahrenheit when the test is made and
ll not exceed twenty-four degrees Tagliabue hydrometer.

(c) If the oil to be tested is below forty-five degrees Fahren-
temperature, it must be slowly heated until it reaches eighty-
degrees temperature. Should the oil be above forty-five de-
-s temperature and below sixty-five degrees, it must be heated
eventy degrees, when, in either case, it must be well shaken
and allowed to cool gradually to a temperature of sixty degrees,
when the test must be made.

(d) In testing the gravity of oil the hydrometer must be,
when possible, read from below, and the last line which appears
under the surface of the oil shall be regarded as the true read-
ing.

(e) Where the oil is tested in difficult circumstances an al-
lowance of one-half of one degree may be made for error of
parallax.

(f) All oil sold to be used for illuminating purposes in the
mines of this State shall be contained in barrels, casks or pack-
ages, branded conspicuously with the name and address of the
manufacturer of said oil, the specific gravity of the same and
the date of shipment.

27. (a) Any person, firm or corporation, either by them-
selves or an agent or employee, which shall sell or offer for sale
for illuminating in any mine in this State any oil or any mix-
ture or compound of oils which does not comply with the tests as
prescribed in section one of this act, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than twenty-five dollars nor more than one hundred dollars
for each offense.

(b) And any miner, or employee in any mine, or employee
of any mine operator or mine owner, who shall knowingly use
or permit to be used for illuminating purposes in any mine in
this State any oil other than that prescribed in section one of
this act shall, upon conviction thereof, be fined not less than five
dollars nor more than twenty-five dollars for each and every
offense, and in default of payment of such fine within twenty
days from the day of eonviction shall be given a sentence in the
county jail for a period of not less than ten nor more than sixty
days.

(c) It shall be the duty of the district mine inspectors,
whenever they have reason to believe that oil is being used or
sold, or offered for sale, in violation of the provisions of this act,
to take samples of the same and have them tested under the di-
rection of the chief mine inspector, and if they are found to
be inferior to the quality prescribed by this act, the inspector
shall make complaint to the prosecuting attorney of the county
in which the offence is committed who shall forthwith commence
proceedings against the offender in any court of competent ju-
risdiction.

Any miner, mine employee, firm, corporation or their agents,
who shall refuse to permit the mine inspector to examine his or
their oil used for or sold for illuminating purposes in the coal
mines of this State shall be guilty of a violation of this act, and
may be taken before any justice of the peace and fined five dol-
lars or imprisoned in the county jail for ten days for each
offense.

(d) In all cases of prosecution where the accused stands
convicted of a violation of this act the cost of such prosecution
shall be borne by the person, firm or corporation so convicted,
and in case of failure to convict the accused the State shall pay
the costs in the same manner as in other prosecutions for misde-
meanors.

28. Provided, nevertheless, that the foregoing provisions
concerning oils and the use thereof shall not apply to any mine
or any part thereof unless the mine inspector, in his judgment,
believes it necessary, and shall notify in writing the person or
company operating the same that the said provisions shall apply
to his mine or any part thereof, as the case may be, or unless the
owner or operator of any such mine shall notify the said inspec-
tor in writing that it is the wish of the owner or operator that
said provisions shall apply to said mine or part thereof, as the
case may be, and in such case said provisions concerning oils
and the use thereof shall apply to and take effect in thirty days
after such notice is given by said inspector or by said mine owner
or operator to said inspector.

29. And provided that nothing in this act shall be so con-
strued as to relieve the mine owner or operator from seeing that
all of the provisions of this act are strictly complied with, nor
from the duty imposed at common law to secure the reasonable
safety of their employees, and, in the performance of those du-
ties, that are non-assignable at common law, as well as those du-
ties required by this act, the mine foreman, boss or fire boss, and
their assistants shall be considered as acting for the mine owner
or operator as a vice-principal.