court-martial shall have the same power to summon all the witnesses required either for the prosecution or the defense, as by existing laws the clerks of the circuit court in the state have; and any person so summoned and failing to attend shall be dealt with as for contempt under existing laws. Judge advocate, members and officers of general courts-martial, shall receive two dollars ($2.00) per day and subsistence, for each day in actual attendance at such courts, and transportation, and for each day actually spent in preparation for trial before such courts, and in making up the record thereof. Military witnesses shall receive pay at the rate of two dollars ($2.00) per day for officers and one dollar ($1.00) per day for enlisted men. Civilian witnesses summoned by the judge advocate shall receive the same compensation for their attendance before courts-martial as is allowed by existing laws for their attendance upon civil courts of the state, said payments to be made out of the military fund of the state, upon warrant of the adjutant general, approved by the governor.

This section amends section 7408, Burns' R. S. 1901.

7424g. Dismissal of officers.-105. No commissioned officer shall be dismissed from the service except by the sentence of a legally constituted court-martial, rendered after a fair trial, and approved in the manner prescribed in the portion of this act organizing courts-martial: Provided, That no provision herein shall in any way apply to the revoking of commission by the governor upon the finding of an examining board; or for negligence of duty; loss of interest; dilatoriness in making required returns and reports; failure to comply with instruetions or frequent unauthorized absence from meetings of command as provided in existing regulations.

This section amends section 7424g, Burns' R. S. 1901.

[Acts 1903, p. 210. In force March 7, 1903.]

74240. Salary of adjutant-general.-1. That the salary of the adjutant-general shall be twenty-two hundred and fifty dollars ($2,250) per year: Provided, That no fee shall be charged or received by said adjutant-general for any services in furnishing or giving any honorably discharged soldier or soldier's widow a certificate or copy of any paper or record on file in said office pertaining to the military record of said soldier.

This act supersedes section 74240, Burns' R. S. 1901.

CHAPTER 94.

MINES.

Section numbers to notes refer to Revised Statutes of 1901.

[Acts 1905, p. 65. In force April 15, 1905.]

7429. "Mine" and "operator" defined.-1. That the term "mine" as used in this act includes the workings in every shaft, slope or drift which is used, or has been used, in the mining and removing of coal from and below the surface of the ground. The term "operator," as used in this act, is hereby defined to mean any corporation, company, firm, person, proprietor, lessee, owner or occupier of any coal mine in this state or any person upon whose account the mine is operated. See notes to section 7429, Burns' R. S. 1901.

This act probably supersedes all prior statutes regulating the operation of coal mines as the same may be found in sections 7429 to 7483m, Burns' R. S. 1901. The section numbers given to this act begin with the first section number in the chapter on mines in Burns' R. S. 1901, and run consecutively.

Statutes regulating the operation of coal mines can not be held class legislation when the law applies to all persons alike under similar circumstances. Davis Coal Co. v. Polland, 158 Ind. 607.

7430. Maps of coal mines-Refusal-Duties of inspector.-2. The operator of each mine shall make, or cause to be made, an accurate map or plan of the workings of such mines on a scale of not less than one inch to one hundred feet, showing the area mined or excavated, the arrangement of the haulage roads, air courses, breakthroughs, brattices, air bridges or overcasts and doors used in directing the air currents in such mine, the location and connection with such excavation of the mine of the lines, of all adjoining lands, with the names of the owners of such lands, so far as known, marked on the map. Such map shall show a complete working of the mine and, when completed, shall be certified to by the owner, agent or engineer making the survey or map to be a true and correct working map of said mine. The owner or agent shall deposit with the inspector of mines a true copy of such map within thirty days after the completion of the survey of the same, the date of which shall be shown on each copy, the original map and survey to be kept at the office of such mine open for inspection of all interested persons at all reasonable times. Such map and copy thereof shall be extended each year between the first day of May and the first day of September, and shall be filed as required in making the original survey showing the exact workings of the mine at the date of the last survey. At the request of the owner of any coal mine the owner of the land, the miners working therein or other persons interested in the workings of such mine, the inspector of mines shall make, or cause to be made. an accurate map of the workings thereof, on a scale of not less than one inch to the one hundred feet, showing the area mined or excavated and the location and connections of the lines of all adjoining lands therewith and the names of the owners of such lands so far as known. Such map shall be sworn to by the surveyor to be a correct map of the workings of such mine, and shall be kept on file in the office of the inspector of mines for examination at all times. All expenses shall be paid by the party causing such survey and map to be made. In case the operator of any mine shall fail or refuse to furnish a map as required by this law it shall be the duty of the inspector of mines to appoint a competent mining engineer to make the survey and maps and file and deposit them as required by law, and for his services he shall be entitled to a reasonable fee to be paid by the party whose duty it was to make such survey and map, and shall be entitled to a lien on the mine and machinery to the same extent as is now provided by law for other work and labor performed in and about the mines of this state. Before a mine or any part of a mine is abandoned the owner or agent shall make a survey showing the farthest extremity of the workings of such mine, and a map thereof made and filed within thirty days thereafter at the office of the county recorder in the county where such mine is located; said map shall have attached thereto the affidavit of the mining

engineer making the map, and of the mine boss in charge of the underground workings of said mine. Such map shall be properly labeled and filed by the recorder and preserved as a part of the records of the land on which said mine is located, and the recoder shall receive for said filing from said owner or agent a fee of fifty cents. Upon payment of the fees the inspector of mines shall make, within a reasonable time, and deliver to the party so demanding the same an accurate copy of any map or plan on file in his office. The original map or plan of any coal mine or the copy filed with the inspector of mines or a certified copy, issued under the hand and seal of such inspector, shall be evidence in any court of justice in this state. In order that maps, reports and other records pertaining to the office of inspector of mines may be properly preserved, a room in the state house shall be set aside and furnished in a suitable manner as an office for said officer.

7431. Number of workmen-Outlet.-3. It shall be unlawful for any operator to allow more than ten persons to work in any mine at any one time after five thousand square yards have been excavated until a second outlet shall have been made. The said outlet or escape shaft shall be separated from the bottom of the mine by at least one hundred feet in width of natural strata, and shall be available at all times to all employes engaged in such mines, and that for every shaft used as an escapeway there shall be provided stairways at an angle of not more than sixty degrees, with landings at easy and convenient distances and with guard rails attached to each set of stairs from the top to the bottom of the same. All water coming from the surface or out of any strata in such shaft shall be conducted by rings or otherwise to prevent it from falling down the shaft and wetting persons who are descending or ascending the shaft. The operator may provide at such outlet or escape shaft a hoisting apparatus, which shall be at all times available to all persons in the mine, the same signals to be used as provided by law for use at hoisting shafts. The traveling roads or gangways to said outlet shall be separated from the hoisting shaft by at least one hundred feet of natural strata and not less than four feet in height and four feet wide and shall be kept as free from water as the average haulage roads in such mines. At all points where the passageway to the escapement shaft, or other place of exit, is intersected by other roadways or entries conspicuous boards shall be placed indicating the direction. it is necessary to take in order to reach such a place of exit. It shall be unlawful to erect any inflammable structure or building or powder magazine on the surface so near the escapeway as to jeopardize the safety of the workmen in case of fire. And no boiler house shall be erected nearer than thirty-five feet of the mine opening. All explosive materials must be stored in a fire proof building on the surface, located at a safe distance from all other buildings.

7432. Cages Safety catches-Riding in.-4. The rope used for hoisting and lowering in every mine shall be a wire rope, and it shall be securely fastened to the shaft of the drum where two separate ropes are used, and at least one whole lap shall remain on the drum when the

cage is at rest on the lowest caging place in the mine, and it shall be examined by some competent person every morning before the men descend into the mine. The operator of every mine shall provide a cover of 14-inch boiler plate overhead on all carriages or cages used for lowering or hoisting persons into and out of the mines, and on the top of every shaft an improved safety gate; also, an approved safety spring on the top of every slope. Approved safety catches shall be attached to every cage used for the purpose of hoisting or lowering persons. All persons are prohibited from riding on the cages when coal or dirt is being hoisted, and in no case shall more than six men ride on any cage or car at one time.

7433. Brake.-5. An adequate brake shall be attached to every drum used for lowering or raising persons into or out of all shafts or slopes. 7434. Indicator.-6. A proper indicator shall be attached to every hoisting apparatus in addition to any mark on the rope, which shall show to the hoisting engineer the position of a cage or load in the mine.

7435. Fencing-Lights-Speaking tubes-Signals.-7. The operator of every mine shall keep the top of every mine and the entrance thereof securely fenced off by vertical or flat gates, covering and protecting the mouth of such mine. Two lamps shall be kept lighted at all times when the mine is in operation, except when electric lights are used, one on each side of the shaft, not more than ten (10) feet from said shaft in each vein where men get on or off the cages. There shall be gates hung at each vein, other than the lower one, so that at all times except when coal is actually being placed on the cage or when empty cars are being taken off the cage there shall be a barrier preventing any one falling into the shaft. The operator of such mine, upon receiving notice from the inspector 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 used for examining mines or for working therein shall be the property of the operator and shall remain in the custody of the mine boss or other competent person, who shall clean, fill, trim, 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 shall be repsonsible for the condition and proper use of safety lamps while in their possession and the safe return of said lamps to the place from whence they received them. The operator of any mine shall provide and maintain a metal tube from the top to the bottom of the mine, suitably adapted to the free passage of sound, through which conversation may be held between persons at each vein and the top of the mine. There shall be a code of signals at all mines with a signal bell at the top and bottom of each mine, one bell shall signify to hoist coal or empty cage, and also to stop either when in motion; two bells shall signify that men are coming up; when return signal is received from the engineer men will get on the cage and ring one bell to hoist; four bells shall signify to hoist slowly, implying danger.