amount of capital, to be used in said manufacture and the location in the State where such manufacture is to be carried on; and the first person, firm or corporation who shall present to the Secretary of State, affidavits setting forth that they have manufactured in the State with canaigre roots raised in the State by cultivation fifty thousand dollars worth of leather and sold the same at the usual market rates, and prove said statement to the satisfaction of said Secretary of State by producing the account books used in the manufacture and the bills of sale and delivery to and the receipts of the purchasers thereof and any other evidence he may require, shall be entitled to receive the award herein provided, and upon the certificate of the Secretary of State the State Auditor is hereby authorized and required to draw on the treasurer a warrant for the amount in favor of the person, firm or corporation first fulfilling the foregoing conditions.

Sec. 3. That the sum of thirty thousand dollars is Appropriation, hereby appropriated out of any moneys belonging to after 1897. the State, not otherwise appropriated, for the purpose of this act; Provided, That no portion of this money shall be demanded in the years 1896 and 1897. Approved April 5, 1896.

coal mine

CHAPTER CXIII.

COAL MINE INSPECTOR.

AN ACT for the protection of the Lives of Coal Miners, the Appointment of a Coal Mine Inspector for the State, defining the Duties of said Inspector, Mine Owners, Lessees and Operators, and prescribing Penalties for a violation of the provisions of this act, and repealing all inconsistent acts.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That there shall be appointed a Coal Appointment of Mine Inspector for the State. Such inspector shall, before entering upon the discharge of his duties, give bond to the State in the sum of five thousand dollars, conditioned for the faithful discharge of his duties, to

inspector.

Bond.

be approved by the Secretary of State, said inspector shall be appointed by the Governor, by and with the consent of the Senate, and shall hold his office until his successor is appointed and qualified. The term of Term. office of the inspector shall be four years from the date of his appointment; Provided, That he may be removed Removal. by the Governor.

miner five

years, and

Sec. 2. That no person shall be eligible for ap- Must be pointment as Coal Mine Inspector under section 1 of practical coal this act who is not a coal miner of at least five years disinterested in practical experience and who has not been a coal miner coal mine, etc. in this State for at least two years prior to his appointment, and no person who shall act as land agent, manager, agent or mining engineer for, or who is interested in any way in operating, any coal mine in the State; shall, during such employment, be eligible to the office of Coal Mine Inspector.

inspection and

Sec. 3. It shall be the duty of the Coal Mine In- Quarterly spector provided for in this act to make careful and report. thorough inspection of each coal mine operated in the State, at least quarterly, and report to the Governor at least once a year upon the condition of each coal mine in the State, with reference to the appliances for the safety of the miners, the number of air and ventilating shafts, slopes or tunnels, the number of shafts, slopes or tunnels for ingress or egress, the character and condition of the machinery for operating, ventilating and draining of such mines, and the quantity of air supplied to the same.

mine to furnish

Sec. 4. The owner, operator or superintendent of owner, etc., of every coal mine shall make or cause to be made an ac- map. curate map or plan of such mine, on a scale of one hundred feet to the inch, which map or plan shall exhibit all the openings or excavations, the shafts, tunnels, slopes, planes, gangways, entries, cross-headings, rooms, etc., of such mine; and shall show the directions of the air currents therein, and shall accurately delineate the boundary line between said mine and adjoining mines, and show its relations and proximity thereto. The said map or plan, or a true copy thereof, shall be furnished to the inspector within ninety days after the passage of this act, and another copy shall be kept at such mine for the inspection of any employe therein. The said owner, operator or superintendent shall, as often as once in every six months thereafter, accurately place or cause to be placed on

excavations to

be mapped.

Maps, etc., property of State.

Inaccurate

map.

Additional the map or plan and on said copies thereof, all the additional excavations which have been made during said six months in their mine. The several maps or plans of mines in the State which are furnished to the State inspector, shall be the property of the State and shall remain in the care of the said inspector, be transferred by him to his successor in office, and in no case shall any copy of the same be made without the consent of the owner, operator or agent. If the said State inspector of coal mines shall find or have good reasons to believe that any map or plan of any coal mine made or furnished in pursuance of the provisions of this act, is materially inaccurate or imperfect, he is hereby authorized to cause a correct plan or map of said coal mine to be made at the expense of the owner or operator thereof, the cost of which will be recoverable by law; Provided, however, That if the map or plan which is claimed to be inaccurate shall prove to have been practically correct, then the State shall be held liable for the expense incurred in making such test survey.

Unsafe coal mine, notice of, to owner.

Sec. 5. That in case the said inspector shall report that any coal mine is not properly constructed or not furnished with proper machinery and appliances for the safety of the miners and all other employes, it shall be the duty of the Governor to give notice to the owner or manager of said coal mine that the mine is unsafe and notify them in what particular the mine is unsafe and require them to furnish or provide such adDuty of owner. ditional machinery, shafts, slopes, tunnels, entries, means of escape, ventilation or appliances necessary to the safety of the mines and the employes within a period to be in said notice named, and if the necessary changes be not made as in said notice required, it shall Not to operate be unlawful after the time fixed in said notice for the said owner or manager to operate said mine.

unsafe mine.

Mine to have at least two outlets.

Sec. 6. That in all coal mines within the State, the owner or manager thereof shall provide at least two shafts, slopes, tunnels, or other outlets separated by natural strata or formation of not less than one hundred and fifty feet in breadth, by which shafts, slopes, tunnels or outlets, distinct means of ingress and egress shall always be available to the persons employed in said mine, and in case any coal mine is not so provided, it shall be the duty of the inspector to make report of such fact, and thereupon notice shall issue as provided in section 5 of this act.

Sec. 7. That the owner or manager of every coal Ventilation. mine at a depth of one hundred feet or more, whether the mine shall be operated by shaft, slope, tunnel or other outlet, shall provide an adequate amount of ventilation of not less than one hundred cubic feet of pure air per minute, for each person at work in said mine, and three hundred cubic feet of pure air per minute for each animal used therein, and in like proportion for a greater or lesser number, which air shall, by proper appliances or machinery, be forced through such mine to the face of each and every working place, so as to dilute and render harmless and expel therefrom the noxious or poisonous gases; and all workings shall be kept clear of standing gas. Provided further, That in all mines wherein fire damp or other explosive gases are known to exist, double the quantity of pure air as hereinbefore mentioned in this section shall be required.

Fire damp, etc.

operation of

Sec. 8. That any mine owner or manager who shall Unlawful continue to operate a mine, in violation of any of the mine. provisions of this act, after the expiration of the period of the notice provided for in section 5 of this act, shall upon conviction be fined not less than five hundred dollars nor more than five thousand dollars.

Sec. 9. That in no case shall a furnace shaft be Furnace shaft deemed an escape shaft.

not escape shaft.

Sec. 10. That escape shafts shall be constructed Escape shafts. in compliance with the requirements of this act within six months from the time this act goes into effect, unless the time shall be extended by the inspector, and in no case shall such time be extended to exceed one year.

etc.

Sec. 11. That in shaft or slope mines, where per- speaking tube, sons are lowered or hoisted by machinery, a metal speaking tube or other suitable appliance from the top to the bottom of the shaft or slope shall be provided in all cases that conversation may be carried on through the same.

cage.

Sec. 12. That in shaft mines an approved safety Safety catch on catch shall be provided and sufficient cover over head on every cage used in lowering or hoisting persons, that there shall be provided at the bottom of every hoisting shaft at every coal mine worked by shaft in Traveling way." the State at the sides thereof a traveling way, which shall be sufficiently high and wide so as to enable persons to pass the shaft without having to go over or

Hoisting apparatus.

of hoisting apparatus.

under the cage or hoisting apparatus; and the inspector shall examine and pass upon the adequacy and safety of all hoisting apparatus.

Sec. 13. That only experienced, competent and Control and use sober men shall be placed in charge of hoisting apparatus or engines, and the maximum number of persons who may ascend or descend upon any cage or hoisting apparatus at one time shall be determined by the inspector.

Inspection of mine.

Record.

i eported.

Sec. 14. That it shall be lawful for the inspector to enter and inspect any coal mine in the State and the work and machinery belonging thereto at all times (but not so as to impede or obstruct the working of the mine), and to make inquiry as to the condition of the mine, works, machinery, the ventilation and mode of lighting, and into all matters or things connected with or relating to the safety of the persons employed in or about said mines. The owner or manager is hereby required to furnish means necessary for such entry, inspection, examination and inquiry. The said inspector shall make an entry in the records in his office, noting the time and material circumstances of such inspection.

Sec. 15. That in all cases of fatal accident, a full Accidents to be report thereof shall be made by the mine owner or manager to the mine inspector, said report to be in writing and made within ten days after such accident shall have occurred. All cases of non-fatal accidents which have been sufficiently serious as to prevent the injured person from continuing his regular employment for a period of one week from the time of the accident, shall be reported to said inspector.

Sec. 16. That the owner, agent or operator of Timber supply any coal mine operated within the State, shall keep a sufficient supply of timber on hand to be used as props and cap pieces so that the workmen employed therein may at all times be able to properly secure said workings from caving in, and it shall be the duty of said owner, agent or operator, to send down in the mine all such props or cap pieces, and place them not more than three hundred feet from the face of such workings.

Enjoining

unlawful

operation of mine.

Sec. 17. That as a cumulative remedy in case of the failure of any owner or manager of any mine to comply with the requirements contained in the notice of the Governor, given in pursuance of this act, any court of