Section 23. Said board shall meet biennially on the first Monday in April of each even numbered year except that for the year 1888 said board shall meet on the second Monday of May in the office of the State Mine inspector in the Capitol, and they shall publish in at least one newspaper published in each mining district of the State the date fixed by them for the examination of Candidates. They shall be furnished with the necessary stationery and other necessary material for said examination in the same manner as other State officers are now provided. They shall receive as compensation the sum of $5.00 per day for time actually employed in the duties of their office and actual traveling expenses. The said compensation and expenses shall be paid in the same manner as the salaries and expenses of other State officers are now paid: provided that in no case shall the per diem received by any member exceed $50.00 for each biennial session.

Section 24. Certificates of competency shall be granted only to citizens of the United States and State of Iowa of good moral character not less than twentyfive years of age, who shall have at least five years experience in the mines and who shall not have been acting as agent or superintendent of any mine for at least six months prior to their appearance for examination.

Section 25. The examination of candidates for the office of mine inspector shall consist of oral and written questions in theoretical and practical mining and mine engineering, on the nature and properties of noxious and poisonous gases found in mines and on the different systems of working and ventilating of coal mines. The candidates shall not be allowed to have in their possession at the time of their examination, any books, memoranda or notes to be used as aids in said examination. The board of examiners shall give to all persons examined who in their judgment possess the requisite qualifications, certificates of such qualification and from the persons holding such certifi cates the governor shall appoint the state mine inspect

ors.

Section 26. This act being deemed of immediate importance shall take effect on and after its publication in the Iowa State Register and Des Moines Leader, newspapers published in Des Moines, Iowa. Approved April 12, 1888.

I hereby certify that the foregoing act was published in the Iowa State Register, April 21, and Des Moines Leader, April 20, 1888.

FRANK D. JACKSON, Secretary of State.

Meetings of the board, date and place.

Compensation.

Certificate of competency.

Examination

of candidates for mine inspectors.

Publication.

H. F. 55.

Scales provided.

Weigh master to be sworn.

Check weighman may be furnished.

CHAPTER 53.

PROVIDING FOR THE WEIGHING OF COAL AT MINES.

AN ACT to Amend Chapter 21 of the Acts of the 20th General Assembly, Providing for the Weighing of Coal at Mines.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That the owner or agent of each coal mine within this State, at which the miners are paid by weight shall provide at such mine suitable scales of standard make for the weighing of all coal mined.

SEC. 2. The owner or agent of such mine shall require the person authorized to weigh the coal delivered from said mine to be sworn before some person having authority to administer an oath, to keep the scales correctly balanced, to accurately weigh, and to record a correct account of the amount weighed of each miners car of coal delivered from such mine, and such oath shall be kept conspicuously posted at the place of weighing. The record of the coal mined by each miner shall be kept separate and shall be open to his inspection at all reasonable hours and also for the inspection of all others pecuniarily interested in such mine.

SEC. 3. In all coal mines in this State the miners employed and working therein may furnish a competent check-weighman, who shall at all proper times have full right of access and examination of such scales, machinery or apparatus, and seeing all measures and weights of coal mined and accounts kept of the same, provided that not more than one person on behalf of the miners collectively shall have such right of access, examination and inspection of scales, measures and accounts at the same time and that such person shall make no unnecessary interference with the use of such scales, machinery or apparatus. The agent of the miners, as aforesaid shall, before entering upon his duties, Oath of check make and subscribe to an oath before some officer duly authorized to administer oaths, that he is duly qualified and will faithfully discharge the duties of check-weighman. Such oath shall be kept conspicuously posted at the place of weighing.

weighman.

Penalty for fraud in weighing.

SEC. 4. Any person, company or firm having or using any scale or scales for the purpose of weighing the output of coal at mines so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatsoever by reason of which such coal is not correctly weighed or reported in accordance with the provisions of this act; or any weighman or check weighman who shall fraudulently weigh or record the weights of such coal, or connive at or consent to such fraudulent weighing, shall be deemed guilty

of a misdemeanor and shall, upon conviction for each such offense be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed sixty days or by both such fine and imprisonment; proceedings to be instituted in any court of competent jurisdiction.

the law.

SEC. 5. Any person, owner or agent, operating a coal mine Failure to in this State who shall fail to comply with the provisions of this comply with act, or who shall obstruct or hinder the carrying out of its requirements, shall be fined for the first offense not less than fifty dollars (850) nor more than two hundred dollars ($200); for the second offense not less than two hundred dollars ($200) nor more than five hundred dollars $500); and for a third offense not less than five hundred dollars ($500); provided, that the provisions of this act shall apply only to coal mines whose product is shipped by rail or water.

SEC. 6. That section 17 of chapter 21 of the laws of 1884 is hereby repealed.

Approved April 6, 1888.

CHAPTER 54.

WEIGHING COAL AT MINES.

AN ACT to Establish a Uniform System of Weighing Coal at the H. F. 24. Mines of this State, and to Punish certain Irregularities connected therewith.

Be it enacted by the General Assembly of the State of Iowa:

fore screening.

SECTION 1. That all coal mined in this State under contract Coal to be for payment by the ton or other quantity shall be weighed be- Weighed bun fore being screened unless otherwise agreed upon in writing, and the full weight thereof shall be credited to the miner of such coal; and eighty pounds of coal as mined shall constitute a bushel, and two thousand pounds of coal as mined shall constitute a ton. Provided that nothing in this act shall be so con. strued as to compel payment for sulphur rock slate black jack or other impurities including slack and dirt which may be loaded with or amongst such coal.

ors' apparatus.

SEC. 2. Each State Mine inspector shall procure from the Mine InspectState Superintendent of weights and measures at the expense of the State, a full and complete set of standards, balances and other means of adjustment such as are necessary in the comparison and adjustment of the scales, beams and other apparatus used in weighing coal at the mines to the State Standards of weight; And it shall be the duty of said inspectors to exam.

Damages recovered.

ine, test and adjust as often as occasion demands all scales, beams and other apparatus used in weighing coal at the mines. SEC. 3. Any person damaged by reason of coal mined not having been weighed and credited to him in accordance with the provisions of this act may recover his damages in a civil action against the employer, but such action must be begun within two years after the right thereto accrued; but his right to recover in such action shall not be barred by reason of his having knowledge of the violation of this act at the time. Approved April 12, 1888.

H. F. 113.

Script, checks, drafts, etc., unlawful.

Coercion in matters of

purchase forbidden.

PROTECT WORKMEN IN

CHAPTER 55.

MANAGEMENT AND CONTROL OF WAGES.

AN ACT to Provide for the Payment of Wages of Workmen Employed in Mines, in the State of Iowa, in Lawful Money of the United States, and to Protect said Workmen in the Management and Control of their own Earnings.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. It shall be unlawful for any person, firm, company or corporation, owning or operating coal mines in the State of Iowa, to sell, give, deliver or in any manner issue, directly or indirectly, to any person employed by him or it, in payment for wages due for labor, or as advances on the wages of labor not due, any script, check, draft, order or evidence of indebtedness, payable or redeemable otherwise than in their face value in money; any such person, firm, company or corporation who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred (300) dollars nor less than twenty five dollars, and the amount of any sorip, token, check, draft, order or other evidence of indebtedness, sold, given, delivered or in any manner issued in violation of the provisions of this act, shall recover in money at the suit of any holder thereof, against the person, firm, company or corporation, selling, giving, delivering, or in any manner issuing the same: provided that this act shall not apply to any person, firm, company or corporation employing less than ten (10) per

sons.

SEC. 2. Whoever compels, or in any manner seeks to compel or coerce an employe of any person, firm, company or corporation, to purchase goods or supplies from any particular person, firm, company or corporation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred (500) dollars or imprisonment

in the county jail, not exceeding sixty days or both at the discretion of the court.

this act.

SEC. 3. The county attorney of any organized county, upon Violation of complaint being made to him of the violation of any of the provisions of this act within his county, shall cause such complaint to be investigated before the grand jury of the county where such wrong has been complained of, at its next session following the time such complaint is made. Approved April 6, 1888.

CHAPTER 56.

GREATER SAFETY IN MINING.

ANACT to Amend Sections 8, 9, 10 and 14 Chapter 21 Acts of the 20" s. F. 367. General Assembly of the State of Iowa.

Be it enacted by the General Assembly of the State of Iowa:

That Sections 8, 9, 10 and 14 Chapter 21 Acts of the 20" General Assembly be and the same are hereby amended as follows

escapement

Section 1. That section 8 be amended by adding thereto the Location of following, And Provided further that any escapement shaft that shaft. is hereafter sunk and equipped before said escapement shaft shall be located or the excavation for it be begun the District Inspector of Mines shall be duly notified to appear and determine what shall be a suitable distance for the same. The distance from main shaft shall not be less than three hundred feet without the consent of the Inspector and no buildings shall be put nearer the escape shaft than one hundred feet, except the house necessary to cover the fan.

Sec. 2. That section 9 be amended by adding thereto the Mines not following; and Provided further that this Act shall not apply to applicable. mines where the escape way is lost or destroyed by reason of the drawing of pillars preparatory to the abandonment of the Mine; Provided that not more than twenty persons shall be employed in said mine at any one time.

Sec. 3. That section 10 be amended by inserting after the Duty of Mine words "every working place in the Mine" the following: "And Inspectors. whenever the Inspector shall find men working without sufficient air or under any unsafe conditions he shall first give the Operator or his agent a reasonable Notice to rectify the same and upon a refusal or neglect so to do the Inspector may himself order them out until said Portion of said Mine shall be put in proper condition.