THE OKLAHOMA LAW JOURNAL EDITED AND PUBLISHED MONTHLY BY D. H. FERNANDES, GUTHRIE, OKLAHOMA. VOL. 7. April, 1909. No. 10. NEW LAWS OF LAST OKLAHOMA LEGISLATURE. AN ACT Relating to the Manufacturing, Transporting, and Storing of Nitro-Glycerine, and other Explosives; Prohibiting the same in certain Localities; Providing Penalties for the Violation of the Act; and declaring an Emergency. Be it Enacted by the People of the State of Oklahoma: Section 1. Each person, partnership, or corporation within the State of Oklahoma engaged or engaging in manufacturing, handling, or storing gunpowder, blasting powder, dynamite, nyalite, jovite, dynalite, nasurite, fulminates, nitro-glycerine, any nitro explosive compound, any chlorate or potash explosive compound, and picric acid explosive compound, or any other explosive substance, shall file with the Chief State Mine Inspector upon blanks furnished by him upon application, a complete statement of the location of such factory, storehouse or magazine owned or controlled by such person, partnership, or corporation, together with the kind and character of the explosive substance, or substances manufactured, handled, or stored and intended to be manufac tured handled or stored thereat, the quantity stored or kept on hand, and the quantity intended to be stored or the number of persons employed at such factory, storehouse, or magazine, and the number of persons intended to be employed thereat, and the distance which such factory, storehouse or magazine is located or wil be located from the nearest factory, workshop, merchantile, or other establishment, occupied dwelling, church, school house, building in which people are accustomed to assemble, railroad or public highway. Section 2. Such statement when filed shall be examined by the Chief State Mine Inspector or deputy, who shall make a personal examination of each such factory, storehouse, or magazine, and if such site, storehouse, or magazine is found to be located at a safe distance from the nearest factory, workshop, merchantile, or other establishment, occupied dwelling, schoolhouse, church, building in which people are accustomed to assemble, railroad or public highway, and to be so planned and managed as to insure as great safety as is consistent with the nature of the business, and if the facts required in such statement are fully set out therein and found to be true, then the said chief State Mine Inspector shall grant a certificate approving the plans, location and maintenance of such factory, storehouse, or magazine, as set forth in such statement, but such certificate shall not be granted for the manufacturing or storing of nitro-glycerine nearer than two and one half miles to any incorporated city, town or village. Section 3. No person, partnership or corporation shall manufacture gun powder, nyalite, jovite, dynalite, fulminates, nitro-explosive compounds, chlorate of potash explosive compound, picric explosive compound, dynamite or any of the ingredients used in the manufacture thereof, or any other explosive substance, or store any quantity of the same exceeding one hundred (100) pounds within the limit of any incorporated city, town or village, or within fifty rods of any factory, except a factory plant engaged in the manufacture of explosives, or merchantile establishment, occupied dwelling, church or school house, nor manufacture the same within ten rods of any adjoining property not owned or leased by such person, partnership or corporation. No person, partnership, or corporation shall manufacture such explosives or store exeeding one hundred pounds of the same without giving bond in the sum of fifteen thousand ($15,000.00) dollars, with good and sufficient surety, to be approved by the Secretary of State, conditioned for the payment of all damages that may result from an explosion caused by the negligence of any such person, partnership, or corporation in manufacturing, transporting or storing any of said substances. Section 4. It shall be unlawful for any person, partnership, or corporation to haul or transport, or cause to be hauled or transported, any nitro-glycerine over across, or upon the streets or alleys in any incorporated city, town or village within the State. Section 5. Every vehicle carrying or transporting nitroglycerine shall have conspicuously marked thereon in letters not less than six inches in height on each side and the rear of such vehicle the words "Nitro-Glycerine Dangerous". Section 6. Nothing in this Act shall be held to apply to persons, partnerships or corporations who store not to exceed twenty five pounds of said explosives, except nitro-glycerine, in any one place at any one time, nor to the manufacturing or storing of drugs; provided, however, for good cause shown, the Chief State Mine Inspector, or deputy, may issue a permit for temporary storage of any of said explosives, except nitro-glycerine not exceeding five hundred (500) pounds. Section 7. Whoever, either as principal, agent, servant or employee of such person, partnership, or corporation, violates any provision of this Act or fails to procure a valid certificate from the Chief State Mine Inspector, as herein provided within ninty days from the passage of this Act, shall be fined not less than Fifty ($50.00) Dollars, nor more than Two Thousand ($2,000.00) Dollars. Section 8. An emergency is hereby declared by reason whereof it is necessary for the preservation of the public peace and safety that this Act take effect immediately from and after its passage and approval. Ben. F, Wilson, Speaker of the house of Geo. W. Bellamy, President of the Senate. C. N. Haskell, Governor of the State of Oklahoma. AN ACT To amend Sections One and Two of Article Seven and Section Three of Article Twelve, of Senate Bill No. 26 Same being Article Two, of Chapter Fifty-four of the Session Laws of Oklahoma, 1907-08. Section 1. That Section 1 of Article 7, of Senate Bill Number 26, same being Article 2 of Chapter 54 of the Session Laws of Oklahoma 1907-08 be and the same is hereby amended to read as follows, to-wit: The operator shall employ a competent and practical inside overseer for each and every mine employing ten or more persons inside, to be called mine foreman, (Who shall have charge of the inside operations of the mine,) and shall see that the provisions of this Act are strictly enforced. Said mine foreman, or in case of his necessary absence, an assistant chosen by him, shall devote the whole of his time to his duties in the mine when in oder ation, and shall keep a careful watch over the ventilating apparatus and the air ways, traveling ways, timbering, pumps and drainage, and shall often instruct and as far as possible see, that as the miners advance their excavations, all dangerous slate and rock overhead are taken down or carefully secured against falling therein, or on the traveling and hauling ways, and that sufficient props caps and timbers of suitable size are sent into the mine when required, and all props shall be cut square at both ends, and as near as practicable to a proper length for the places where they are to be used, and such props, caps and timbers shall be delivered to the working force by Company men. Section 2. That section 2 of Article 7 of Senate Bill number 26, same being Article 2 of chapter 54 of the Session Laws of Oklahoma 1907-08, be amended to read as follows: The mine foreman shall see that all miners in said mine are supplied at all times with such timbers, props and cap pieces as are necessary to keep his working place in a safe condition. Such timbers to be sawed square as near as possible in proper length to fit the working place. All such timbers, props and cap pieces shall be dilivered at the face of the miners working place in said mine by company men. Timbers in this section shall mean all wood to be used by said miner, and if from any cause, the timbers cannot be supplied where required, the said mine foreman shall instruct the person to vacate all said working places until supplied with the timber needed, and shall see that all water be drained or hauled out of the all working places before the miner enters, and as far as practicable, kept dry while the miner is at work. The term 'Company Men' as used in this Act shall mean those employed regularly as day hands and paid by shift wages. Section 3. That Section 3, Article 12, Article 2, Chapter 54 of the Session Laws of Oklahoma, 1907-08, be amended to read as follows: All explosives taken into the mine shall be delivered at the working place of each miner by the company and all explosives shall be taken into the mine before the miner enters and the surplus powder or explosives shall be taken out by the company from each working place before shots are fired; and no explosives shall be taken out of the mine until the end of the shift and all miners have gone; and the method, where jack, canista or kegs are used, also the amount per day, shall be determined between the mine foreman and the inspector of the district. Ben. F, Wilson, Speaker of the House. Geo. W. Bellamy, President of the Senate. Approved March 23rd 1909. C. N. Haskell, Governor of the State of Oklahoma. |