or permit, then the judgment shall be that such certificate or permit be revoked, and that costs be adjudged as in other civil cases: Provided, further, That any person who obtains a certificate or permit by means of fraud, misrepresentation or by other unlawful means, or has permitted, or is permitting any other person to use his certificate or permit, or any person who uses or permits to be used, a certificate or permit issued to another, shall also be subjected to the penalties provided in paragraph (T) of this section.

(Q) No person shall hereafter be engaged as a miner in any coal mine in this State, without first obtaining a permit or certificate as required by this section. No person, firm, or corporation, shall employ any person as a miner who does not hold a certificate or permit, as aforesaid, and no mine foreman or superintendent or other person shall permit or suffer any person to be employed under him in any mine under his charge or under his supervision, as a miner, who does not hold such certificate or permit.

(R) No certificate of competency or qualification shall be granted to any applicant who has not had two years' experience in mine work.

(S) It shall be the duty of the chief mine inspector, and all his assistants, and all miners' examining boards, and prosecuting attorneys, to investigate all complaints of the violation of this section, and to prosecute all such violations.

(T) Violations.-[Violation is punishable by fine of not less than $100 nor more than $500; imprisonment not exceeding 6 months may be added. Member of miners' examining board shall forfeit his office, in addition.]

(U) It is provided that all the rights, liabilities, acts, proceedings, and certificates issued under provisions of chapter 276, Acts of 1911, approved March 6, 1911, shall not be deemed to have been changed, or invalidated and all the acts, proceedings, rights, liabilities and certificates issued under the provisions thereof are hereby legalized, validated, and carried in full force and effect the same as if this act had not been enacted.

SEC. 18. Employment of minors and females(A) No male person under the age of 16 years, or female of any age, shall be permitted to enter any mine in this State for the purpose of employment therein, and the parents or guardians of boys shall be required to furnish an affidavit as to the age of said boy or boys when there is any doubt in regard to their age, and in all cases of such boys applying for work, the operator of any mine shall see that the provisions of this section are not violated.

SEC. 19. Duties of inspector.—(A) It shall be the duty of the chief inspector of mines to enter, examine, and inspect any and all coal mines, and the works and machinery belonging thereto, at any reasonable time, by day or night, but so as not to hinder or obstruct the working of any coal mine more than is reasonably necessary in the discharge of his duties; and the operator of such coal mine is hereby required to furnish the necessary facilities for such entry, examination, and inspection.

(B) Should the operator fail or refuse to permit such inspection, or furnish such facilities, the operator so failing, shall be deemed to have committed a misdemeanor, and it is hereby made the duty of such chief inspector to charge such operator with such violation, under oath in any court having jurisdiction.

(C) The chief mine inspector shall devote his entire time and attention to the duties of his office. He, or his assistants, shall make personal inspection, at least three times a year, of all coal mines, in this State, and shall see that every precaution is taken to insure the health and safety of the workman therein employed, that the provisions and requirements of this act are faithfully carried out, and that the penalties of the law are enforced against all who wilfully disobey its requirements.

(D) The chief mine inspector shall also collect and tabulate the following facts: The number and thickness of each vein or stratum of coal and their respective depths below the surface, which are now worked or may hereafter be worked; the kind or quality of coal; how the same is mined, whether by shaft, slope, or drift; the number of mines in operation in each county, the owners thereof; the number of men employed in each mine, and the aggregate yearly production of tons from each mine; estimate the amount of capital employed at each mine; and give any other information relative to coal and mining that he may deem necessary, all of which facts, so tabulated, together with a statement of the condition of mines as to safety and ventilation, he shall freely set forth in his annual report together with his recommendation as to such other legislation on the subject of mining as he may think proper.

(E) It shall be the duty of the chief inspector of mines, in addition to his other duties, to examine all scales used at any mine for the purpose of weighing coal taken out of said mine. The scales shall be tested by sealed weights; the same shall be furnished to said chief inspector of mines by the auditor of State on requisition, the cost of which shall be audited by the auditor of State, and paid out of any money in the State treasury not otherwise appropriated. And on inspection, if the scales are found incorrect and, after written notice by the chief inspector of mines, it shall be unlawful for any operator to use or suffer the same to be used, until the scales are adjusted to weigh correctly.

(F) It shall be the duty of the chief inspector of mines to see to the strict enforcement of all laws relating to mines and mining, to investigate all violations of the law relating thereto, file complaints and make affidavits against such violators before the proper court of record, and to see to the enforcement of all penalties prescribed by the statutes of the State for disobedience to its provisions relating to mines and mining, and failure to do so may be sufficient cause for his removal from office.

(G) The chief inspector of mines shall make an annual report of all matters now required by law to be reported, which report shall be published and shall in every respect comply with the laws pertaining to the inspection of mines.

(H) The chief inspector of mines and mining shall receive an annual salary of three thousand dollars ($3,000.00), and each of his assistant inspectors of mines and mining shall receive an annual salary of two thousand five hundred dollars ($2,500.00), and such chief inspector, and such assistant inspectors shall receive in addition to such salaries their actual expenses while in the discharge of their actual duties. The chief inspector of mines and mining may appoint a stenographer, at an annual salary of not to exceed twelve hundred dollars ($1,200.00), and said chief inspector, assistant, and stenographer shall be paid monthly as due on sworn vouchers approved by the mining board of Indiana. For the purpose of carrying out this section the necessary money is hereby annually appropriated out of the general fund not otherwise used.

(I) It shall be the duty of the chief inspector of mines to hold examinations for certificate of competency at such places and time as he may designate, and to publish notice of such examination, stating the time and place where such examinations are to be held, and shall make and publish rules and regulations under which such examination shall be conducted.

(J) For the purpose of providing for the expense of holding the examinations and issuing the certificates herein provided for, each applicant, before entering upon examination, shall pay the chief inspector of mines one dollar, a receipt for which must be indorsed upon each certificate before it becomes effective. Examinations for certificates of competency shall be public and open to all citizens of the United States, and at least fifteen days' notice of such examination shall be given by publication in a newspaper published in the city where such examination is to be held. No certificate shall be issued to any person entitling him to serve in more than one of the capacities set out in this section, but two or more certificates may be issued to the same person on proper examination.

(K) Certificates of competency shall be issued by the chief inspector of mines to any person who shall prove satisfactory upon examination, either written or oral, or both, as may be prescribed by such chief mine inspector, that he is qualified by experience and technical knowledge to perform the duties of either mine boss, fire boss, or hoisting engineer.

(L) It shall be unlawful for any person to serve in the capacity of mine boss, fire boss, or hoisting engineer at any mine, without having first received from the chief inspector of mines a certificate of service or competency.

(M) It shall be unlawful for any operator of any mine in this State to employ any person in the capacity of mine boss, fire boss, or hoisting engineer unless such person has a certificate of service or competency from the chief inspector of mines: Provided, however, That nothing herein contained shall effect any certificate of service heretofore issued.

(N) Whenever the chief inspector of mines shall find that any mine or part thereof is liberating, or is liable to liberate, explosive gas in dangerous quantities from the coal or strata surrounding the coal in said mine, or any part thereof, such chief inspector of mines shall make a written finding to such effect in which such mine or part thereof liberating, or liable to liberate, explosive gas in dangerous quantities shall be appropriately designated and a

copy of such finding shall be delivered to the operator of such mine. The chief mine inspector shall, as a part of such finding, designate the kind of lamps proper to be used in such mine or part thereof, in order to avoid danger from explosions of gas, and shall also in such finding fix the time within which such lamps shall be installed, after the expiration of the time fixed by the chief inspector of mines, in such finding, for the installation of lamps, no light or lamp other than a locked safety lamp, or an approved electric lamp shall be used in such mine, or part thereof, designated in such finding, except as may be permitted in writing by the chief inspector of mines. The operator of any mine, upon receiving notice from the chief inspector of mines, that one or more safety lamps are necessary to the safety of the men in such mine, shall at once procure and keep for use such number of safety lamps as may be necessary. All safety lamps or electric lamps used for examination of any mine, or which may be used for working in any mine shall be furnished by, and be the property of, the operator of the mine in which such lamps are used, and shall remain in the custody of some competent person designated by the operator, who shall clean, prepare, fill, trim, charge, examine, and deliver the same locked and in safe condition to the men when entering the mine, and shall receive the same from the men at the end of their shift. Said person or persons receiving such lamps shall be responsible for the condition and proper use thereof while in their possession, and for the safe return of said lamps to the place from whence they have received them.

(0) It shall be the duty of said chief inspector to investigate and ascertain the cause of any accident reported under this act, as soon as his official duties will permit: Provided, That if loss of life shall occur by reason of any such accident, said inspector shall immediately, with the coroner of the county in which such accident may have occurred, go to the scene of the accident. They shall investigate and ascertain the cause of such loss of life, and have power to compel the attendance of witnesses, and administer oaths or affirmations to them, and the costs of such investigations shall be paid by the county in which the accident occurred, as costs of coroner's inquest are now paid.

(P) The result of all coal-mine inspections made by the chief inspector of mines, or any of his assistants, showing all his conclusions as to the condition of safety of the mines and orders given in the inspection of any coal mine, shall be posted in writing at the entrance to such mine immediately upon the conclusion of each inspection, and to enable said inspector and his assistants to discharge all the duties created by this act the number of assistants is hereby fixed at five.

(Q) The chief mine inspector and his assistants shall possess the qualifications and be appointed in manner as now provided by law.

(R) Such chief mine inspector and each of his assistants are hereby charged with the duty of enforcing this act relating to the health and safety of persons and property employed and used in and about the coal mines of the State.

(S) The chief inspector of mines and each of his assistants are hereby empowered to act as police officers, with full power to arrest and detain any person found violating any provisions of this act or any other mining law, or engaged in any attempt to violate any such law or part thereof, or against whom there is found any evidence of a previous violation of such law: Provided, however, That no such person shall be detained for any period of time longer than twenty-four hours, without warrant or the filing of a charge against him in a court of competent jurisdiction. Such chief mine inspector and each of his assistants shall also have power to immediately stop the operation of any coal mine, or part thereof, in which any dangerous or unlawful condition is found: Provided, however, That where conditions exist justifying him to do so he may grant a reasonable length of time for making necessary repairs: And, provided further, That where any stop is enforced, such chief mine inspector, and his assistants, shall each have power to subsequently allow such mine or part of mine to be reopened when the dangerous or unlawful Conditions have been remedied or removed, so that they no longer exist.

(T) The chief inspector of mines shall have power, in his discretion, to order the sprinkling of any coal mine or part of mine, by notice in writing to the operator thereof, or person in charge of the same, and after receiving such notice, it shall be unlawful for any person to act in violation thereof, and to admit such sprinkling. Copies of any notices given hereunder, shall be posted at the mine entrance, by the inspector of mines.

(U) Whoever, being the chief mine inspector or an assistant thereof, shall fail, neglect, or refuse to perform any duty required of him by this or any

other law relating to the health and safety of persons employed in coal mines and matters connected therewith, shall, upon conviction thereof, be fined not to exceed five hundred dollars ($500), and upon a second conviction for an offense hereunder, shall, upon certification of judgment thereof to the proper officer holding the power of appointing his successor, be immediately removed from office by such officer without any further proceedings.

SEC. 21. Assignment of wages.-(A) Whenever any merchant or dealer in goods or merchandise, or any other person, shall take from any employee or laborer for wages, who labors in or about any mine in this State, an assignment of such employee's wages, earned or unearned, due or to become due, or shall take from such employee or laborer any order on his employer for any such wages, and shall issue or give to any such employee or laborer, in consideration of, or in payment for, any such assignment or transfer or order, any check, other than a check on a solvent bank, or any ticket, token, or device payable or redeemable, or agreed to be payable or redeemable, in goods, wares, or merchandise or anything other than lawful money of the United States, such check, ticket, token or device shall at once become due and payable in lawful money of the United States, for and to the extent of the full amount of the wages assigned or relinquished for it, and the holder of such checks, ticket, token or device shall, after demand, have the right to collect the same, with reasonable attorney's fees, by suit in any court of competent jurisdiction.

SEC. 22. Injury to safety appliances.-(A) Any person who shall, knowingly, injure or interfere with any safety lamp, air course, or with any brattice or obstruct or throw open doors, or disturb, any part of the machinery, or ride upon a loaded car or wagon in any mine, or do any act whereby the lives or health of the persons, or the security of the mines or machinery, are endangered, shall be deemed guilty of a misdemeanor.

SEC. 23. Mines in other States.-(A) Whenever any mine or mines, the shaft or opening of which is located in any State other than the State of Indiana, shall have entries or workings underground extending into and within the State of Indiana, a compliance with the laws of the State in which the shaft or opening of said mine is located governing mines and mining, shall be taken, deemed and considered a full compliance with the law of the State of Indiana, governing mines and mining as to all that part of said entries and workings lying and being within the State of Indiana.

(B) In the case of any mine or mines, the shaft or opening of which is located in any State other than the State of Indiana, the employees in the entries or workings of such mines extending into and within the State of Indiana, shall be controlled and governed by the laws of the State in which the shaft or opening of such mine is located in any and all matters pertaining to their employment, including compensation laws and suits for damages for personal injuries.

SEC. 24. Penalties.-(A) [Any willful neglect, refusal or failure to do the things required by any section of this act is punishable by a fine not exceeding $500, or imprisonment for a period of not exceeding six months, or both.]

SEC. 25. Application of act.-The provisions of this act shall not apply to any mine that does not employ ten or more men.

SEC. 26. Construction.—This act shall not be construed as repealing or in any wise affecting the operation of the Indiana workman's compensation act applicable to the coal mines of the State of Indiana.

SEC. 28. Construction of sections.-If any section of this act shall be declared invalid or unconstitutional, it shall not affect any other section of this act.

IOWA

CODE OF 1897-SUPPLEMENT, 1913-SUPPLEMENTAL SUPPLEMENT,

1915

Street railways-Vestibules-Toilets

SECTION 768-h. Vestibules.—[Inclosure of front and rear platforms from November 1 to April 1 is required for the protection of employees; same to be heated and seats provided for motormen and conductors.]

SEC. 768-i. Toilet facilities.-Every person, partnership, company or corporation owning or operating a street railway in this State shall provide and maintain toilet facilities for the use of the employees at some suitable location upon each line, or run, and the running schedule of said cars, or the operating rules, shall be such as will permit said employee to use said toilet facilities.

SEC. 768-j. Violations.-[Violations are punishable by fine, $25 to $100, each day's violation being a separate offense.]

Protection of employees as voters

Any employer

SECTION 1123. Attempting to influence voter.who shall refuse to an employee the privilege, conferred by this section, or shall subject such employee to a penalty or reduction of wages because of the exercise of such privilege, or shall in any manner attempt to influence or control such employee as to how he shall vote, by offering any reward, or threatening discharge from employment, or otherwise intimidating or attempting to intimidate such employee from exercising his right to vote, shall be punished by a fine of not less than five nor more than one hundred dollars.

*

Labor organizations, etc.-Incorporation

SECTION 1642. Organization.—Any three or more persons of full age, a majority of whom shall be citizens of the State, may incorporate themselves for the establishment of * * trades-unions or other labor organizations, by signing, acknowledging, and filing for record with the county recorder of the county where the principal place of business is to be located, articles of incorporation, stating the name by which the corporation or association shall be known, which shall not be the same as that of any such organization previously existing, its business or objects, the number of trustees, directors, managers or other officers to conduct the same, and the names thereof for the first year.

Railroads-Electric light, etc., poles

SECTION 2033-k. Location of poles.-[The erection of any pole or other structure for the support of wires less than 6 feet from the nearest rail of any track over which freight cars run is forbidden.]

Liability of railroad companies for injuries to employees

SECTION 2071. Injuries caused by negligence.-Every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of the agents, or by any mismanagement of the engineers or other employees thereof, and in consequence of the willful wrongs, whether of commission or omission, of such agents, engineers, or other employees when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.

Nor shall any contract of insurance, relief, benefit, or indemnity in case of injury or death, entered into prior to the injury, between the person so injured