complied with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred nor more than five hundred dollars, in the discretion of the jury trying the same.

ACT No. 266.-Mine regulations and inspection.

SEC. 1 (as amended by act No. 568, acts of 1894-95). The office of inspector of mines is hereby created. The said inspector shall be appointed by the governor within ninety days, and he shall hold office for two years or until his successor is appointed and qualified. Before assuming the duties of said office the inspector shall take and prescribe an oath to perform to the best of his ability and without fear or favor, the duties of said office and shall give a bond of one thousand dollars, to be approved by the governor to cover any default in said office; and no stockholder of any corporation or member of any firm engaged in mining shall be eligible to said office.

SEC. 2 (as amended by act No. 568, acts of 1894-95). The mine inspector shall give his whole time and attention to the duties of his office. It shall be the duty of the mine inspector to examine all the mines in this state as often as possible to see that all the requirements of this act are strictly observed and carried out; he shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air, drainage and general security; he shall make a record of all examinations of mines, showing the date when made, the condition in which the mines are found, the extent to which the laws relating to mines and mining are observed, or violated; the progress made in the improvements and security of life and health sought to be secured by the provisions of this act, number of accidents, injuries received, or deaths in or about the mines, the number of persons employed in or about each mine, together with all such other facts and information of public interest concerning the condition of mines, development and progress of mining in this State, as he may think useful and proper, and so much thereof as may be of public interest, to be included in his biennial report. In case of any controversy or disagreement between the mine inspector and the owner and operator of any mine, or the persons working therein, or in case of conditions of emergencies requiring counsel the mine inspector may call on the board of examiners for such assistance and counsel as may be necessary; should the mine inspector find any of the provisions of this act violated, or not complied with, by any owner, lessee, or agent in charge of any mine, he shall immediately notify such owner, lessee or agent in charge, of such neglect or violation, and unless the same is within a reasonable time rectified and the provisions of this act fully complied with he shall institute a prosecution. The inspector shall exercise a sound discretion in the enforcement of the provisions of this act, and if in any respect (which is not provided against by, or may result from a rigid enforcement of any express provisions of this act) the inspector finds any matter, thing or practice in or connected with any such mine to be dangerous or defective so as in his opinion to threaten or tend to the bodily injury of any person, the inspector may give notice thereof in writing to the owner, agent or manager of the mines, and shall state in such notice the particulars in which he considers such mine or any part thereof, or any matter, thing or practice to be dangerous or defective, and require the same to be remedied. For the purpose of making the inspection and examination provided for in this section the mine inspector and board of examiners shall have the right to enter any mine at all reasonable times by night or by day, but in such manner as shall not unnecessarily obstruct the working of the mine and the owner or agent of such mine is hereby required to furnish the means necessary for such entry and inspection; the inspection and examination herein provided for shall extend to fire clay, iron ore and other mines as well as coal mines.

SEC. 3. Whenever required by the State inspector of mines, of any mine operator, owner or general manager, two openings shall be made, one to be used for an escape way in any mine operated or owned by them. Reasonable time, however, shall be given to said operator, owner or general manager, to prepare the second opening, in no case exceeding two years from the time such order or requisition is made.

SEC. 4. The owner, agent or operator of all underground mines in this State, shail make, or cause to be made by a competent engineer, an accurate and exact map of such inine, showing the exact position of such mine in reference to the section lines which shall be connected with some known boundary corner of the section. quarter section or forty acre tract. Said map shall show accurately the position of any branches, creeks or rivers under which said mine may extend, also as near as possible the position of any old or abandoned mine near by. Said

.map shall be sworn to by the engineer making it. The new work inside of mines must be added to said map or new map filed at least once in every twelve months. Said map shall be filed in the office of inspector of mines, who shall provide a suitable and safe place for keeping it. The inspector of mines, with the approval of the board of examiners, may refuse to receive maps made by persons claiming to be mining engineers, who are not known to be such, and of good standing and character in their profession. The mine boss in charge of such mine shall also certify to the correctness of said map. The said map shall be made on a uniform scale of not less than 200 feet to the inch. Any person may secure a copy of any map on file in the inspector's office by paying the reasonable charges for making such map, and said copy, when certified by the inspector, shall be evidence in any court in this State.

SEC. 5. The inspector of mines shall give directions to the mine operators, owners and general managers as to the method and manner of working gaseous mines and the manner of working and propping the roof in any and all mines, and shall examine the machinery and appliances used in working the same, and give directions as to the examination of the same. All such directions shall be given in writing, subject, however, to the approval of the board of examiners as herein provided.

SEC. 6. The salary of the inspector of mines shall be fifteen hundred dollars per annum, to be paid as other State officials are, with an allowance not exceeding $400 per annum for necessary traveling and office expenses, to be paid out of the treasury. The said inspector shall keep his office in the city of Birmingham, Jefferson County.

SEC. 7. The doors used in a system of ventilating or regulating the ventilation of mines, shall be so hung and adjusted that they will close themselves, or by supplying them with springs and pulleys so that they can not be left standing

open.

SEC. 8. The owners, agents and operators of any coal mine shall keep a sufficient supply of props and other timber used in the mines, so that the workmen may, at any time, be able to prop their working places, and the owner, agent or operator shall afford the miners working in their mines proper facilities for the delivery of props and other timber needed by them in their respective working places.

SEC. 9. Approved safety catches shall be attached to the cage used for the purpose of hoisting and lowering persons into and out of the mines, and the owner, agent or operator of every mine operated by shafts or slope shall provide sufficient cover on all cages used for lowering and hoisting persons into and out of the mines. An adequate brake shall be attached to every drum or machine for lowering and hoisting persons into and out of the mines, and also proper indicators, which shall show to the person who works the machine the position of the cage or load in the shaft on the roadway.

SEC. 10. When a place is likely to contain a dangerous accumulation of gases or water, works when approaching such places shall not exceed eight feet in width, and there shall be constantly kept at sufficient distance ahead, not less than three yards in advance, one bore hole near the center of the workings and sufficient flank bore holes on each side.

SEC. 11. The owner, agent or operator of any coal mine shall place in charge of any engine used for conveying into and hoisting out of such mine, none but an experienced, competent and sober engineer. No engineer in charge of such engine or machinery shall allow any person-except such as may be deputed for that purpose by the owner, agent or operator-to interfere with it, and no person shall interfere with, or in any way intimidate the engineer, in the discharge of his duty. SEC. 12. The mine inspector, miners employed in the mines and owners of lands, or persons interested in the rental and royalty of such mines, shall at all proper times have full right and access to all scales used at said mines, including bank book in which the weight of coal is kept, to examine the amount of coal mined for the purpose of testing the accuracy thereof.

SEC. 13. When gas is known to exist, the owner, agent or operator of any coal mine shall employ a competent fire boss, whose duties it shall be to examine every place in the mine before the men are permitted to enter for work; said fire boss shall be at some convenient place each day to inform every man as to the state or condition of his working place before entering. Said works shall be carefully examined every morning with a safety lamp by the fire boss before the workmen are allowed to enter therein.

SEC. 14. No woman shall be employed to labor or work about any mine in this State, nor any boy under the age of ten years.

SEC. 15 (as amended by act No. 568, acts of 1894-95). Applicants for first and second class mine foreman's certificates shall be at least twenty-three (23) years of age and shall have had at least five (5) years practical experience after having

attained to the age of fifteen (15) years, as miners, superintendents, at or inside of any iron ore or coal mine in thio [this] State and shall be citizens of this State and men of good moral character and men of known temperate habits. The said board shall be empowered to grant certificates of competency of two grades, namely: Certificates of the first class to persons who have had experience in mines generating explosive gases, and who shall have the necessary qualification to fulfill the duties of mine foreman in such mines; and certificates of the second class to persons who give satisfactory evidence of their ability to act as mine foreman in mines not generating explosive gases.

SEC. 16 (as amended by act No. 568, acts of 1894-95). No person shall act as mine foreman in any iron ore or coal mine in this State generating explosive gases, unless he is in possession of a first-class certificate of competency. But ninety days will be given those now acting as mine foremen to perfect themselves for examination. The fee for examination and issuing a first-class certificate shall be five dollars, and for a second-class certificate, three dollars.

SEC. 17. The governor may discharge the mine inspector at any time upon the filing of a written complaint, substantiated by sufficient proof, for unfairness, unfitness, incompetency or malfeasance, and appoint his successor for the unexpired term.

SEC. 18. The provisions of this act shall apply to all underground mines in this State except those employing less than twenty men.

SEC. 19 (as amended by act No. 568, acts of 1894-95). When by reason of any explosion or other accident in any mine in this State, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such mine to give notice thereof forthwith to the mine inspector, and it shall be the duty of the mine inspector upon being notified of any fatal accident as herein provided, to immediately repair to the scene of the accident and make such suggestions as may appear necessary to secure the safety of any persons who may be endangered. The said mine inspector shall proceed to investigate and ascertain the cause of the accident and make a record thereof which he shall keep on file, and to enable him to make the investigation, he shall have the power to compel the attendance of persons to testify and he shall also have power to administer oaths of [or] affirmations.

SEC. 20 (as amended by act No. 568, acts of 1894-95). On or before the twentyfifth day of January in each year, the operator or superintendent of every coal, iron and clay mine, also limestone quarries shall send to the mine inspector a correct report specifying with respect to the year ending with the thirty-first day of December preceding, the name of the operator and office of the mine, and the quantity of coal, ore, clay or limestone mined. The report shall be in such form and give such information regarding such mine or quarry as may be from time to time required and prescribed by the mine inspector. Blank forms for such reports shall be furnished by the mine inspector.

SEC. 21 (as amended by act No. 568, acts of 1894-95). Any person or persons whomsoever who shall intentionally or carelessly injure any shaft, safety lamp, instrument, air course or brattice, or obstruct or throw open airways or take matches for any purpose, or pipes or other smokers' articles beyond any station inside of which locked safety lamps are used, or injure any part of the machinery, or open a door in the mine and not close it again immediately, or open any door which opening is forbidden or use any oil in lamps not known to be best miners' oil, or disobey any order given in carrying out the provisions of this act, or do any other act whatsoever whereby the lives or the health of persons, or the security of the mines or machinery is endangered shall be deemed guilty of a misdemeanor and may be punished in a manner provided for in this act. The neglect or refusal to perform the duties required to be performed by any section of this act by parties therein required to perform them, or the violation of any of the provisions or requirements hereof shall be deemed a misdemeanor and shall upon conviction thereof, in any court having jurisdiction of such offenses of the county wherein the misdemeanor was committed be punished by fine not exceeding two hundred and fifty dollars, or imprisonment in the county jail not exceeding six months or both, at the discretion of the court.

SEC. 22. The mine inspector shall not, during his term of office, be actually interested as owner, operator or manager of any mine in the State of Alabama. SEC. 23. The inspector of mines shall, biennially, prior to the assembling of the general assembly, make a written report to the governor, stating the condition of the mining interests in this State, with such suggestions and information as may be of interest to the mining industry.

SEC. 24. The owner, agent or operator of every coal mine, whether worked by shaft, slope or drift, shall provide and hereafter maintain for every such mine sufficient ventilation for each and every person employed in such mine, which

shall be circulated around the main headings, cross headings and working places to an extent that will dilute, render harmless and carry off noxious and dangerous gases generated therein.

SEC. 26 (added by act No. 568, acts of 1894-95). For the purpose of making known the rules and the provisions of this act to all persons employed in or about such mine or calling to which this act applies, an abstract of the act and rules shall be posted up in legible characters in some conspicuous place or places at or near the mine where they may be conveniently read by the persons employed, and so often as they become obliterated or destroyed the owner, operator or superintendent shall cause them to be renewed with all reasonable dispatch. Any person who pulls down, injures or defaces such abstract of the act or rules when posted up in pursuance of the provisions of this act shall be guilty of an offense against

this act.

SEC. 27 (added by act No. 568, acts of 1894-95). No unauthorized person shall enter the mine without permission from the superintendent or mine foreman. Rule 2. No person in a state of intoxication shall be allowed to go into or loiter about the mine. Rule 3. All employees shall inform the mine foreman or his assistant of the unsafe condition of any working place, hauling roads of [or] traveling ways or of damages to doors, brattices or stoppings or of obstructions in the air passages when known to him. Rule 4. Every workman employed in the mine shall examine his working place before commencing work and after any stoppage of work during the shift he shall repeat such examination. Upon the filing of the biennial report of the inspector of mines, the governor shall have it printed as the reports of other state officers.

ACT No. 327.-Payment of wages

SEC. 1. Any corporation or individual employing labor in this State and issuing to them, from time to time, checks for their labor or service, shall pay whatever amount is left over unpunched or unpaid at the end of the current month to the original holder thereof, in money at their regular pay day for the succeeding month, or when presented thereafter; Provided. The provisions of this act shall apply only to the counties of Jefferson, Bibb, Tuskaloosa, De Kalb and Washington.

ACT No. 445.-Industrial school.

SEC. 1. An industrial school for the education of white girls in Alabama is hereby established and shall be located and organized as hereinafter provided. SEC. 6. The said board of trustees shall possess all the power necessary and proper for the accomplishment of the trust reposed in them, viz: The establishment and maintenance of a first-class industrial school for the education of white girls in the State of Alabama in industrial and scientific branches, at which said girls may acquire a thorough normal school education, together with a knowledge of kindergarten instruction and music; also a knowledge of telegraphy, stenography, photography and phonography, type-writing, printing, book-keeping, indoor carpentry, electrical construction. clay-modeling, architectural and mechanical drawing, sewing, dress-making, millinery, cooking, laundry, house, sign and fresco painting, home nursing, plumbing, and such other practical industries as, from time to time, to them may be suggested by experience or tend to promote the general object of said girls' industrial school, to wit: fitting and preparing such girls for the practical industries of the age.

SEC. 11. As soon as said institution is prepared to receive pupils or students in three or more of the industrial studies hereinbefore enumerated, the said trustees shall apportion to each county its quota of scholars on the basis of the educable white girls between the ages of fourteen and twenty-one, in the State and several counties, and one pupil from each congressional district, whose tuition and board shall be absolutely free, and this number shall be increased from time to time as in the judgment of the trustees the finances of said institution shall warrant. Said free scholarship shall be awarded at the annual meeting of the girls' industrial school upon the recommendation of the trustee from the congressional district from which said pupil is appointed, and the several superintendents of education in the counties shall advertise it in some newspaper published in said county, and after the expiration of two weeks from said advertisement, shall, by and with the approval of the county commissioners or court of county revenues, commission such number of white girls to said institution as such county is entitled to. The presentation of such certificate, over the signature of the probate judge of said county, shall entitle the person so commissioned to admission into said school, with all its privileges for the course of study selected: Provided, That the appointing board shall give the preference to the applicants least able to

educate themselves if they have the requisite qualifications; Provided, however, That nothing in the provisions of this act shall be held to prevent any white girl in this State from attending said school upon the payment of her board and tuition.

ACTS OF 1894-95.

ACT No. 140.—Weighing ore or coal at mines.

SECTION 1. It shall be the duty of any person, firm or corporation operating any ore or coal mine in this State, in which miners or other laborers are employed to mine or cut ore or coal, where the compensation is determined by the weight of the ore or coal mined or cut to weigh or cause to be weighed honestly and carefully all ore or coal mined or cut, which, by contract or agreement with the miner or laborer is to be paid for by weight.

SEC. 2. It shall be the duty of the mine inspector, in all counties where such inspector has been appointed to examine and test the scales used for weighing coal at all mines where the mining or cutting of ore or coal is paid for by weight, at least once every six months, and oftener of any particular scales in respect to which complaint in writing is made to him.

SEC. 3. Any person who knowingly and willfully violates section one (1) of this act shall be guilty of a misdemeanor, and on conviction, shall be fined for each offense not less than ten dollars, nor more than one hundred dollars.

ACT No. 438.-Convict labor.

Src. 31. The state convicts shall be hired or employed at such labor and in such places and under such regulations within the State as may be determined by the board of inspectors, with the approval of the governor, having in view the end of making the system self-sustaining, consistent with the humane treatment of the convicts.

SEC. 62. No convict must be worked at a different place or occupation than that expressed in the contract, except upon the recommendation of the board of inspectors, stating the reason therefor, and approved by the governor: nor shall any convict be rehired or placed in the keeping or control of any other person than the contractor, except upon recommendation by the board of inspectors, and approved by the governor.

SEC. 63. Convicts must be classed or tasked if hired in mines, and may be if hired elsewhere, but all hiring hereafter made must be per capita.

SEC. 61. Not less than fifty state or county convicts shall be hired to one person, or kept at one prison, and none of those hired to any person, must be related to him by consanguinity or affinity, and they shall be governed, worked and guarded as prescribed by the rules and regulations for working penitentiary convicts outside the walls. The violation of this section is a misdemeanor. punishable on conviction by a fine not exceeding one thousand dollars, and hard labor not exceeding twelve months; Provided. That when convicts are worked in the county where convicted, less than fifty may be worked at one place.

SEC. 69. Convicts may be allowed to work for themselves after the performance of their daily tasks, in such manner as may be prescribed by the rules of the board of inspectors, and the proceeds of such labor shall be disposed of as the board shall provide by rule.

SEC. 83. The board of inspectors may with the approval of the governor, make contracts for the hire of the labor of the convicts by the day, month, or year, or a term of years, the State in such cases controlling and supporting the convicts. SEC. 92. Hard labor for the county shall be under the superintendence and control of the court of county commissioners or board of revenue, who shall determine in what manner and on what particular works the labor shall be performed; and all convicts sentenced to hard labor for the county shall be under the direction and control of the court of county commissioners, or board of revenue when worked or hired in the county where convicted, but otherwise they are to be under the superintendence and control of the board of inspectors of convicts.

SEC. 101. Whenever the commissioners of roads and revenues of a county deem that it is to the best interest of the county to use the county convicts in building, repairing and working the public roads of the county, they may so work them under rules and regulations to be prescribed by the board of inspectors, which shall be uniform throughout the State for working county convicts on the public roads.

SEC. 102. Hard labor for the county includes labor on public roads, public bridges, and other public works in the county; and authorizes the letting of such