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mines or machinery are endangered shall be deemed guilty of a misdemeanor.
7445. Explosives-Blasting or shooting-Tools.-17. Whenever any person is about to open a keg or box containing powder, or other explosives, he shall place and keep his light at least five feet distant from said explosive, and in such a position that the air current can not carry sparks to it; and no person shall approach nearer than five feet to any open box or keg containing powder or other explosives with a light or pipe or any other thing containing fire. In any mines of this state, where coal is mined by "blasting off the solid" it shall be unlawful for any miner or other person to drill any hole, for the purpose of blasting, more than one foot past the end of his cutting or "loose end" or to prepare a “shot" in such a way that the distance from the hole to the loose end shall be more than five feet, measured at right angles to the direction of the hole. In the process of charging or tamping a hole, no person shall use any iron or steel needle or tool, except as herein provided. The needle used in preparing the blast shall be made of copper, and the tamping bar shall be tipped with at least five inches of copper. No coal dust or any material that is inflammable, or that may create a spark, shall be used for tamping, and some soft material shall be placed next to the cartridge or explosive.
7446. Illuminating oils.-18. Only a pure animal or vegetable oil, or other oils that shall be as free from smoke as a pure animal or veg etable oil, and not the product or by-product of rosin, and which shall, in inspection, comply with the following list, shall be used for illuminating purposes in the mines of this state: All such oils must be tested by the state supervisor of oil inspection or his deputies at 70 degrees Fahrenheit. The specific gravity of the oil must not exceed 24 degrees. The test of the oil must be made in a glass jar one and five-tenths (1 5-10) inches in diameter by seven (7) inches in depth. If the oil be above 45 degrees and below 70 degrees Fahrenheit, it must be raised to a temperature of about 80 degrees Fahrenheit, when, after being well shaken, it shall be allowed to cool gradually to a temperature of 70 degrees Fahrenheit before being finally tested. In testing the gravity of the oil the hydrometer must be, when possible, read from below, and the last line which appears under the surface of the oil shall be regarded as the true reading. In case the oil under test should be opaque or turbid, one-half of the capillary attraction shall be deemed and taken to be the true reading. When the oil is tested under difficult circumstances, an allowance of one-half degree may be made for possible error before condemning the oil for the use in the mine. All oil sold to be used for illuminating purposes in the mines of the state shall be contained in barrels or packages, branded conspicuously with the name of the dealer, the specific gravity of the oil and the date of shipment. Any individual, firm, corporation or company that sells or offers for sale any oil other than provided in section 18 to be used for illuminating purposes in coal or other mines of the state, or the individual, firm, corporation, company or person having in charge the operation or running of any
mine, who permits the use in his or their mine of any oil for illuminating purposes other than provided for in section 18, or any employe in any mine of this state, who uses with a knowledge of its character, a quality of oil other than is provided for in section 18, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five ($5) dollars nor more than twenty-five ($25) dollars.
7447. Check-weighman.-19. Whenever the mining of coal is paid for by weight, the miners employed in mining the same shall have the right of selecting and keeping in the weigh office, or at the place of weighing the coal, a check-weighman, who shall be vested with the same rights as described in section 9 of this act, said check-weighman to be paid by said miners.
7448. Inspector of mines-Appointment-Assistants-Salaries-Duties.-20. The state geologist shall appoint an inspector of mines, who shall hold his office for two years or until his successor shall be appointed and qualified, and he shall require all applicants for such office to pass an examination touching their qualifications and fitness to discharge the duties thereof before making such appointment. And the state geologist is hereby empowered to make such rules and regulations in conducting such examinations as in his judgment will test the competency and fitness of such applicants: Providing, further, That the state geologist shall give a cetificate of appointment to the person appointed, which certificate shall entitle such appointee, when qualified, to do and perform all duties of his office as inspector of mines. The inspector of mines shall appoint two assistants, who have each passed such examination touching their qualifications for such position as may be prescribed by him. The inspector of mines shall execute certificates of such appointments and deliver the same to each of such assistants, who shall thereupon qualify by each executing a bond and taking an oath in the manner and form provided by this act, and when so qualified, each such assistant is authorized and empowered to draw his salary and to perform all duties of his office as prescribed by this act. Each of such assistants shall be subject to orders and directions of the inspector of mines, and, in pursuance of such orders and directions, is empowered to do any and all acts and to perform all duties incumbent upon the inspector of mines. They shall each make a detailed and itemized report as often as required, to the inspector of mines, of the work performed by him and shall hold his office subject to removal at any time by such inspector of mines for cause. The inspector of mines and his assistants, shall be residents of the State of Indiana for at least five (5) years immediately preceding their appointment to office, and shall be practical miners of at least ten years' experience in actual mining, and no person shall be eligible to hold the office of inspector of mines or assistant inspector of mines who is or may be pecuniarily interested in any coal mine within this state either directly or indirectly. The inspector of mines and his assistants before entering upon the duties of their offices, shall each execute a bond payable to the State of Indiana,
with good and sufficient surety, in the sum of one thousand dollars ($1,000), and shall take and subscribe to an oath to be endorsed upon the back of each bond for the faithful performance of the duties of the office, which bond shall be approved by and filed with the secretary of state. The inspector of mines shall receive as compensation for his services the sum of one thousand eight hundred dollars ($1,800) per annum, and each assistant inspector of mines shall receive as compensation for his services the sum of one thousand two hundred dollars ($1,200) per annum. And for expenses they shall receive the sum actually and necessarily expended for that purpose, in the discharge of their official duties, all to be paid quarterly by the state treasurer from funds in the state treasury not otherwise appropriated. All expense bills shall be sworn to and shall show the items of expense in detail. Said inspector of mines may also appoint a secretary to assist him in the discharge of his duties, who shall receive a salary of six hundred dollars ($600) per annum. It shall be the duty of the inspector of mines appointed under this act to enter, examine and inspect any and all coal mines, and the works and machinery belonging thereto, at any reasonable time, by day or by night, but so as not to hinder or obstruct the working of any coal mine more than is reasonably necessary in the discharge of his duties; and the operator of such coal mine is hereby required to furnish the necessary facilities for such entry, examination and inspection. Should the operator fail or refuse to permit such inspection or furnish such facilities, the operator so failing shall be deemed to have committed a misdemeanor, and it is hereby made the duty of such inspector to charge such operator with such violation, under oath, in any court having jurisdiction. The inspector appointed under this act shall devote his entire time and attention to the duties of his office. He, or his assistants, shall make personal inspection, at least twice each year, of all coal mines in this state, and shall see that every precaution is taken to insure the health and safety of the workmen therein employed, that the provisions and requirements of this act are faithfully carried out, and that the penalties of the law are enforced against all who wilfully disobey its requirements. He shall also collect and tabulate the following facts: The number and thickness of each vein or stratum of coal and their respective depths below the surface, which are now worked or may hereafter be worked; the kind or quality of coal; how the same is mined, whether by shaft, slope or drift; the number of mines in operation in each county, the owners thereof; the number of men employed in each mine, and the aggregate yearly production of tons from each mine; estimate the amount of capital employed at each mine; and give any other information relative to coal and mining that he may deem necessary; all of which facts, so tabulated, together with a statement of the condition of mines as to safety and ventilation, he shall freely set forth in an annual report to the state geologist, together with his recommendation as to such other legislation on the subject of mining as he may think proper. It shall be the duty of the inspector of mines, in addition to his other duties, to examine all scales used at any mine
for the purpose of weighing coal taken out of said mine. The scales shall be tested by sealed weights; the same shall be furnished to said inspector of mines by the auditor of state on requisition, the cost of which shall be audited by the auditor of state, and paid out of any money in the state treasury not otherwise appropriated. And on inspection, if the scales are found incorrect and, after written notice by the inspector of mines it shall be unlawful for any operator to use or suffer the same to be used, until the scales are adjusted to weigh correctly. The provisions of this law shall apply to all mines except to mines employing less than ten men. And it shall be the duty of the inspector of mines to see to the strict enforcement of all laws relating to mines and mining, to investigate all violations of the law relating thereto, file. complaints and make affidavits against such violators before the proper court of justice and to see to the enforcement of all penalties prescribed by the statutes of the state for disobedience to its provisions relating to mines and mining, and failure to do so may be sufficient cause for his removal from office. The inspector of mines shall make an annual report to the state geologist of all matter now required by law to be reported, which report shall be published with the report of the state geologist, and shall in every respect comply with the laws pertaining to the inspection of mines.
7449. Examinations by inspector-Places-Fee-Notice.-21. It shall be the duty of the inspector of mines to hold examinations for certificates of service and competency in each of the cities of Brazil, Terre Haute, Washington, and Evansville, and to publish notice of such examinations, stating the time and place where examinations are to be held, and shall make and publish rules and regulations under which such examination shall be conducted. For the purpose of providing for the expense of holding the examinations and issuing the certificates herein provided for, each applicant, before entering upon examination, shall pay the inspector of mines one dollar, a receipt for which must be endorsed upon each certificate before it becomes effective. Examinations for certificates of service or competency shall be public and open to all citizens of the United States, and at least fifteen days' notice of such examination shall be given by publication in a newspaper published in the city where such examination is to be held. No certificate shall be issued to any person entitling him to serve in more than one of the capacities set out in this section, but two or more certificates may be issued to the same person on proper examination.
7450. Certificates of competency.-22. Certificates of competency shall be issued by the inspector of mines to any person who shall prove satisfactory upon examination, either written or oral, or both, as may be prescribed by such inspector, that he is qualified by experience and technical knowledge to perform the duties of either mine boss, fire boss, or hoisting engineer. Certificates of service shall be issued by the inspector of mines to any person who shall furnish satisfactory proof that he has been engaged as, and has successfully discharged the duties of mine boss, fire boss, or hoisting engineer at mines in this state for three
years preceding the granting of such certificate. It shall be unlawful for any person to serve in the capacity of mine boss, fire boss, or hoisting engineer at any mine without having first received from the inspector of mines a certificate of service or competency. It shall be unlawful for any operator of any mine in this state to employ any person in the capacity of mine boss, fire boss, or hoisting engineer unless such person has a certificate of service or competency from the inspector of mines.
7451. Monthly report to inspector.-23. The operator of every mine shall be and is hereby required to report to the inspector of mines on or before the 15th day of each calendar month the name of the person in charge of such mine, the number of tons of coal produced at such mine during the preceding month, the amount of wages paid employes during such month, the amount of money expended for improvements during said month, together with such other information as may be necessary to enable said inspector to prepare his annual report as required by law.
7452. Who may not be employed.-24. No male person under the age of fourteen years or female of any age shall be permitted to enter any mine in this state for the purpose of employment therein, and the parents or guardians of boys shall be required to furnish an affidavit as to the age of said boy or boys when there is any doubt in regard to their age, and in all cases of minors applying for work the operator of any mine shall see that the provisions of this section are not violated.
7453. Wages-Transfer-Payment by check.-25. Whenever any merchant or dealer in goods or merchandise, or any other person, shall take from any employe or laborer for wages, who labors in or about any mine in this state, an assignment of such employe's wages, earned or unearned, due or to become due, or shall take from such employe or laborer any order on his employer for any such wages, and shall issue or give to any such employe or laborer in consideration of or in payment for any such assignment or transfer or order, any check, other than a check on a solvent bank, or any ticket, token or device payable or redeemable, or purporting to be payable or redeemable, or agreed to be payable or redeemable, in goods, wares, or merchandise or anything other than lawful money of the United States, such check, ticket, token or device shall at once become due and payable in lawful money of the United States, for and to the extent of the full amount of the wages assigned or relinquished for it, and the holder of such checks, ticket, token or device shall, after demand, have the right to collect the same, with reasonable attorney's fees, by suit in any court of competent jurisdiction.
See notes to section 7448, Burns' R. S. 1901.
The act of 1901, section 7448a, Burns' R. S. 1901, concerning the issuing of checks for wages due laborers, and the transfer thereof, is unconstitutional because such act applies only to a certain class of persons. Dixon v. Poe, 159 Ind. 492.
7454. Liens-Labor or royalty.-26. The miners and other persons