failure to comply with the legal requirements. In Maine the inspector is simply directed to prosecute violations of law or to call the attention of the board of health to any condition which he may think needs remedying. In Maryland the authority to enforce the law is given to the inspector in broad terms. Michigan authorizes the inspector to order workmen to quit work until any dangerous place or condition shall be remedied, and New Jersey gives the inspector similar power after examination whenever a complaint is made in writing that the lives of the employees are in danger.

In the other States it is provided that the inspector shall give notice of any changes which are necessary to comply with the law and to protect the safety of the miners. In case of failure to comply with the order many of the States (Alabama, Colorado (metal mines), Idaho, Kansas (see footnote, p. 236, for full law), Kentucky, Missouri, New Jersey, North Carolina, Ohio, South Dakota, and Wyoming) specifically provide that the inspector shall bring suit to collect the fines or impose the punishment provided by law, and in the other States it is presumable that he would have the same power. The detailed procedure is regulated in a few of the States. Thus, in Alabama it is provided that in case of controversy between the inspector and the owner or operator of mine the chief inspector may call upon the board of examiners for assistance and counsel, and in case the owner refuses to comply with the order the matter is referred by the inspector to the probate court, from which appeal lies to higher courts. In Pennsylvania and Wyoming the law provides that the mine inspector shall exercise a sound discretion in enforcing the provisions of the law, going beyond its strict letter, if necessary; in case the owner of a mine or any other person shall appeal from the decision of the inspector, the proper court of the county shall speedily determine the matter, and may in its discretion appoint three disinterested persons to forthwith examine the mine. In Idaho the action is to be brought by the attorneygeneral of the State at the instance of the inspector.

In Utah and the Territories of the United States it is provided that the inspector shall give notice to the governor in case a mine is not furnished with proper appliances or is unsafe, and that the governor shall thereupon give notice requiring necessary changes. In case of failure to conform, it shall be unlawful to operate the mine after a time fixed.

The laws of many States (Arkansas, Colorado (both classes of mines), Iowa, Illinois, Kentucky, Missouri, Montana, New York, North Carolina, Ohio, Pennsylvania, New Mexico, Tennessee, Utah, United States for the Territories, and Washington) permit the use of the injunction as a cumulative remedy, in addition to prosecution and punishment, for failure to comply with the laws or with the orders of the inspector. The inspector is authorized to file complaint, either directly or through the prosecuting attorney of the county, with the judge of the proper court, who, after hearing, may restrain and enjoin the owner from operating the mine until the law has been complied with. This remedy is permissible in Kansas, West Virginia, and Wyoming only in case the inspector believes that immediate danger exists. The law is fullest in Pennsylvania, where it is enacted that in case an inspector considers a mine or a part of a mine to be in a condition such as to jeopardize life or health, he shall notify two mine inspectors of other districts.

If the three agree, they shall instruct the superintendent of the mine to remove such dangerous condition immediately, and in case of neglect shall apply to the court of common pleas of the county. The court shall speedily determine the case and shall restrain the working of the mine, if it deems necessary, till all danger is removed. (Sec. 288; see provisions in full, p. 284.) The Missouri provision is typical.1

i. Posting of rules. The laws of Alabama, Kansas, Pennsylvania, Washington, and Wyoming provide that a copy of the rules concerning the duties of each class of employees in the mine, as regulated by statute, shall be posted conspicuously at the mine. Pennsylvania and Wyoming require the printing of these rules in the different languages of the miners.

SEC. 3. MINE FOREMEN AND BOSSES.-The laws of California, Colorado, Illinois, Indiana, Kansas, New Mexico, Pennsylvania, Tennessee, West Virginia, and Wyoming require the owner or operator of every mine to appoint some competent person to act as mine foreman or mine boss. In Alabama and Montana a fire boss must be appointed in mines generating fire damp or explosive gases. In Pennsylvania the assistants of the mine foreman in mines generating explosive gases must be qualified as fire bosses or foremen. Illinois requires a "mine examiner," practically a fire boss, in all mines.

Examinations.-The laws of six States require special examinations to test the competency of mining bosses. In Alabama the examination is to be conducted by a board consisting of the chief inspector, two practical miners, and two mine operators. Two grades of certificates are granted, one authorizing the holder to act as boss in mines. generating explosive gases and the other in mines not generating such gases. Applicants for either class must be at least 23 years of age and must have had five years' practical experience as miners.

Illinois has established a State mining board to be appointed by the State commissioner of labor. It shall consist of two practical miners, two operators of mines, and an engineer. Candidates for examination

1 Missouri, R. S., sec. 7073:

* * * and if the said inspector shall, after examination of any mine and the works and machinery pertaining thereto, find the same to be worked contrary to the provisions of this article, or unsafe for the workmen therein employed, said inspector shall, through the circuit attorney of his county, or any attorney in case of his refusal to act, acting in the name and on behalf of the State, proceed against the owner, agent or operator of such mine, either separately or collectively, by injunction, without bond, after giving at least two days' notice to such owner, agent or operator; and said owner, agent or operator shall have the right to appear before the judge to whom application is made, who shall hear the same on affidavits and such other testimony as may be offered in support as well as in opposition thereto; and if sufficient cause appear, the court, or judge in vacation, by order, shall prohibit the further working of any such mine in which persons may be unsafely employed contrary to the provisions of this article, until the same shall have been made safe and the requirements of this article shall have been complied with; and the court shall award such costs in the matter of said injunction as may be just; but any such proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this article.

2 Ala., Acts 1896-7, No. 486, sec. 32; Kan., G. S., ch. 149, sec. 46; Pa., Dig., Coal Mines, sec. 274; Wash., Codes and Stats., sec. 2237; Wyo., Acts 1890-1, ch. 80, sec. 6. Ala., Acts 1896-7, No. 486, secs. 3, 16, 24, 26; Cal., Act Mar. 27, 1874, sec. 5; Colo., An. St., secs. 3184, 3185, 3189; Ill., L. 1899, Act Apr. 18, secs. 6-8, 16; Ind., An. St., secs. 7472, 7479, as amended by L. 1897, ch. 111; L. 1897, ch. 84; Kan., G. S., ch. 149, sec. 16; Mon., Pol. Code, secs. 3358, 3359; N. M., Comp. L., sec. 1569; Pa., Dig., Coal Mines, secs. 254, 259, 262, 298-305, 309-311; Tenn., L. 1881, ch. 170, sec. 8; W. Va., Code 1891, p. 991, sec. 11; Wyo., L. 1890-1, ch. 80, secs. 6, 15.

as mine bosses or "managers" must be at least 24 years of age, and must have had four years' practical experience; they shall also be men of good character and temperate habits. The character of the examination is prescribed in the law. Examinations are likewise provided for the position of mine examiner, a title corresponding to that of fire boss in some other States. Candidates for this certificate must be at least 21 years of age. Hoisting engineers must also be examined. register of those to whom certificates are issued must be kept by the State mining board. Certificates may be canceled whenever the board is convinced that the holder has become unworthy of official indorsement for any reason. A fee of $1 is required for examination and $2 for the certificate. (See law in full, p. 297.)

In Indiana the inspector of mines is the examiner as to the competency of mine and fire bosses and hoisting engineers. Certificates shall be granted to persons who have already filled these positions successfully for three years. No one shall be employed in either of these capacities without a certificate. Those who apply for examination must pay a fee of $1.

The inspector of mines in Montana is authorized to conduct examinations and issue certificates. A certificate is required for foremen in mines generating gases.

Pennsylvania provides (secs. 298-305) that on petition of a mine inspector the court of common pleas of any county shall appoint an examining board consisting of the mine inspector, a miner, and a mine operator or superintendent. The applicants for examination must be at least 23 years old and must have had five years' practical experience. The board issues certificates of two grades-one authorizing the holder to act as foreman in mines generating explosive gases and the other in other mines. A separate examination and certificate are provided for the position of fire boss. Foremen or fire bosses who neglect their duties or become incapacitated by drunkenness or other causes may be summoned, and on examination by the board their certificates may be withdrawn.

Wyoming provides that an examining board shall be appointed by the district court in any county on petition of the inspector, to consist of the inspector, an operator, and a miner. A second examination may be required in case the inspector is satisfied that a mine boss or a fire boss is incompetent. No person shall be employed in either of these capacities without a certificate.

Duties.-The duties of mine bosses are usually stated in essentially the same terms in the laws of the different States. They are to

1

'The West Virginia law may be cited as typical, though containing a few unusual provisions (Code 1891, p. 991, sec. 11):

SEC. 11. In order to 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 "mining boss," who shall be a citizen and an experienced coal miner, or any person having two years' experience in a coal mine, and shall keep a careful watch over the ventilating apparatus and the airways, traveling ways, pumps and drainage; and shall see that as the miners advance their excavations, proper break-throughs are made as provided in section 10 of this act, and that all loose coal, slate and rock overhead in the working places, and along the haul ways, be removed or carefully secured so as to prevent danger to persons employed in such mines; and that sufficient props, caps, and timbers are furnished of suitable size and cut square at both ends, and as near as practicable to the proper lengths for the places where they are to be used; and such props, caps and timbers shall be delivered and placed in the working places of the miners, and every workman 249A-16

inspect the ventilation and machinery, to see to it that loose coal, slate, or rock overhead is secured from falling and that proper timbering is provided, to measure the ventilation (usually once each week, making a proper record of the examination), and to see to the safety of the mine generally. The bosses are specially required in some States to make an inspection of the workings from time to time and to record the result of the observation. This inspection must be daily in Colorado, on alternate days in Indiana, Pennsylvania,_and Wyoming, and at least once in three days in West Virginia. In Indiana and Wyoming the mine boss shall make a monthly report to the inspector of mines, stating the condition of the mine, the number of men employed, etc. Several other States require a report of the air measurements to be sent to the mine inspector monthly. In West Virginia and Wyoming the mining boss is directed to notify the owner or superintendent of the mine of his inability to comply with any of the provisions of the law, and the owner or superintendent is required to attend to any matter thus complained of. Tennessee requires the mine boss or his assistant to go through the mine daily after the workmen have left, close the doors, and see to the ventilation.

Indiana provides that whenever an unsafe place or condition is reported to the mining boss by a miner, he shall give an acknowledgment in writing of the receipt of the notice and shall at once inspect the place and put it in safe condition.

The duties of the mine foreman are defined with special fullness in Pennsylvania (secs. 262, 309-311). He is required to enter in a book a report of the condition of the mine after each inspection, to attend personally to his duties, and see that all the regulations for each class of workmen are carried out, to cause stoppings along the air ways to be properly built, to provide for a proper width of roads used for hauling places, etc. (For these provisions in full, see pages 279, 287.) The duties of fire bosses are similarly regulated (secs. 317-319).

Illinois also prescribes very fully the duties of the "mine manager." He must especially supervise and inspect the handling of explosives and the hoisting machinery. He must keep a record of those descend

in want of props or timbers and cap pieces, shall notify the mining boss or his assistant of the fact at least one day in advance, giving the length and number of props or timbers and cap pieces required; but in case of an emergency, the timbers may be ordered immediately upon the discovery of any danger; and the place and manner of leaving the orders for timbers shall be designated in the rules of the mine; and shall have all water drained or hauled out of the working places before the miners enter, and the working places kept dry, as far as practicable, while the miners are at work. On all haul ways, space not less than ten feet long and two feet six inches wide between the wagon and the rib, shall be kept open at distances not exceeding one hundred feet apart, in which shelter from passing wagons may be secured. It shall further be the duty of the mining boss to have bore holes kept not less than twelve feet in advance of the face, and, when necessary, on the sides of the working places that are being driven towards and in dangerous proximity to an abandoned mine or part of a mine suspected of containing imflammable gases or which is filled with water. The mining boss or his assistant shall visit and examine every working place in the mine at least once in every three days, and oftener when necessary, 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, so that safety in all respects be assured, and no person shall be directed to work in an unsafe place, unless it be for the purpose of making it safe. The mining boss shall notify the operator or agent of the mine of his inability to comply with any requirements of this section; it shall then become the duty of such operator or agent at once to attend to the matter complained of by the mining boss, to comply with the provisions hereof.

ing into the mine, and he or his agent must be present before the descending and until after the hoisting out of all miners. The duties of "mine examiners" are similarly detailed. (For provisions in full, see pages 302, 303).

SEC. 4. COMPETENCY OF MINERS.-Pennsylvania has a provision relating to tests of the competency of miners in anthracite coal mines. (See p. 268.) The only other State which regulates the competency of miners is Missouri, which by a law of 18991 declares that any person desiring for himself to conduct room, entry, or other underground mining must produce evidence to the coal-mine inspector that he has for two years worked in coal mines with or as a practical miner. Unless possessed of a certificate showing such qualification, no person may mine coal unless associated with a practical miner.

SEC. 5. MAPS AND PLANS.2-In all the mining States except Idaho, Michigan, Nevada, and North Carolina the statutes require that the owner or operator of a coal mine must make an accurate map of the mine showing the different strata through which it passes the workings, etc., the requirements differing somewhat in detail in different States. The most elaborate statutes are those of Illinois and Pennsylvania, quoted in full below (pp. 273, 293). A copy of the map must, in every State, be filed with the inspector of mines, and a copy retained by the operator; while Arkansas, Colorado, Illinois, and Montana also require a copy to be filed with the county clerk or recorder. In case the owner fails to furnish a map, or in case the inspector has reason to believe it inaccurate, the inspector may have a map made at the expense of the ownerexcept in Alabama, California, and New Mexico. Additional maps or corrections must be filed showing the changes in the workings at least once a year in Alabama, Arkansas, Colorado, Illinois, Iowa, Kansas, Kentucky, Missouri, Montana, and Wyoming; while in Indiana, Ohio (if the inspector directs), Pennsylvania, Tennessee, Utah, Washington, and West Virginia the changes must be made once in six months. Most of the States provide that the maps thus required shall be on a scale of not more than 100 feet to the inch, while a few (Alabama, Illinois, Ohio, and Wyoming) fix the scale at 200 feet to the inch.

Whenever a mine is worked out or abandoned a completed map showing that fact, and usually showing the boundary of the land owned, must be filed in all of the States except Alabama, California, Colorado, Iowa, Kentucky, New Mexico, and Utah.

The Montana statute is typical, and is quoted in full.3

1 Approved June 2, L. 1899, p. 308.

2 Ala., Acts 1896-7, No. 486, sec. 19; Ark., Dig. 1894, sec. 5045; Cal., L. 1874, Act Mar. 27, sec. 1; Colo., An. St., sec. 3181; Ill., Act Apr. 18, 1899 (p. 301), sec. 1; Ind., An. St., secs. 7431, 7445; L. 1897, ch. 173; Ia., Acts 1884, ch. 21, sec. 7; Kan., G. S. 1897, ch. 149, sec. 17; Ky., Stats. 1894, sec. 2729; Mo., R. S., secs. 7061, 7062; Mon., Pol. Code, part 3, sec. 3350; N. M., Comp. L. sec. 1575; Ohio, R. S., sec. 296; Pa., Dig. Coal Mines, secs. 226-229; Tenn., L. 1881, ch. 170, secs. 1, 2; Utah, L. 1896, ch. 113, sec. 4; Wash., Stats. and Codes, sec. 2219; W. Va., Code 1891, p. 991, sec. 5; Wyo., Acts 1890-1, ch. 80, sec. 1.

3 Montana, Pol. Code, Part III:

SEC. 3350. The owner or operator of any coal mine in the State must make, or cause to be made, an accurate map or plan of the mine, which must exhibit the openings or excavations, the shafts, slopes, or tunnels, the entries, rooms, or other workings, must show the direction of the air currents therein, accurately delineate the surface section lines of the coal lands controlled by the owner of the said mines and show the exact relation to and proximity of the workings of said mine to said surface lines; said map, or plan, must also show the exact date of each survey made, and