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Specifications

for succeeding offenses for each and every day he shall neglect or refuse to comply herewith.

Mine regulations-Explosives.

(Page 431.)

SECTION 1. All permissible explosives for use in blasting coal in as to packages. the State of Illinois shall conform to the following specifications: (a) All permissible explosives offered for sale in the State of Illinois shall have printed on each cartridge and individual package the name of the manufacturer, the registered trade-mark, brand, grade and a statement that it conforms in strength to that grade and brand established by the United States Bureau of Mines;

Tests.

Same subject.

Samples obtained, how.

Violations.

Storage.

Same subject.

Changing

marks.

Violations.

(b) Each shipping case shall have marked on it the total weight of explosives contained therein, and the average weight, length and diameter of each stick contained therein;

(c) Each shipping case containing permissible explosives shall be marked " Permissible explosives."

(d) Each ingredient of a permissible explosive shall not vary more than the permitted variation established by the United States Bureau of Mines.

SEC. 2. State mine inspectors, county mine inspectors, and the accredited representatives of the coal operators and coal miners shall have authority to sample permissible explosives used for blasting purposes in coal mines in the State of Illinois, or kept on hand for sale, or intended for shipment for use in such mines, and for such purposes, they may enter upon the premises of any person, firm or corporation.

SEC. 3. If the State mine inspectors, county mine inspectors, or the accredited representatives of the coal operators or coal miners shall desire to have said sample tested for content, they shall send the same to the United States Bureau of Mines for that purpose.

SEC. 4. When such samples are intended to be tested for content, they must be taken at the mill or warehouse of the manufacturer or manufacturer's agent, or in the railroad car for shipment at said mill or warehouse or the magazine at the mine, and said samples shall be taken in accordance with the rules established by the United States Bureau of Mines.

SEC. 5. If samples of permissible explosives when tested as provided for in this act shall be found not to comply with the provisions herein, the person, firm or corporation guilty of violating the provisions of this act shall be prosecuted in accordance with the provisions hereof.

SEC. 6. Permissible explosives shall be stored in magazines constructed in accordance with plans that shall be approved by the State mine inspector of the district in which the mine is located.

SEC. 7. Every magazine shall be provided with a wooden floor which shall be kept free from grit and dirt. If more than one kind of explosive is kept in the same magazine, the magazine shall be divided into rooms by partitions; the different kinds of explosives shall be kept in different rooms, but no detonators, or blasting caps, or any device containing fulminating composition shall be kept in the same magazine with any explosive. All detonaters, blasting caps or any device containing fulminating composition shall be kept separate in a safe and dry receptacle apart from any other explosive.

SEC. 8. Any person, firm or corporation changing any stamp, brand, or specification denoting the contents of any package or cartridge shall be subject to the penalties provided for herein.

SEC. 9. Any person, firm or corporation who shall sell for use in the coal mines in this State any permissible explosive not stamped as herein required, or who shall knowingly sell for use in coal mines in this State any permissible explosive which is untruthfully branded or stamped, and any person, firm or corporation being a manufacturer of permissible explosives, or the agent of

any such manufacturer of permissible explosives, who shall sell for use in any coal mine in this State any permissible explosive which shall not conform to the requirements of this act, shall be punishable by a fine of not exceeding one hundred dollars ($100), or by imprisonment in the county jail for not exceeding ninety (90) days, or both, in the discretion of the court: Provided, That nothing in this act shall be construed to apply to permissible explosives shipped prior to this act taking effect.

Mine regulations—Qualifications of miners.

(Page 438.)

Certificates

SECTION 1. Hereafter no person shall be employed or engaged as a miner in any coal mine in this State without having first ob- required. tained a certificate of competency and qualification so to do from the "Miners' Examining Board" of this State, created by this act: Provided, however, That any such certificated miner may have one person working with him and under his directions as an apprentice for the purpose of learning the business of mining and becoming qualified to obtain a certificate in conformity with the provisions of this act.

SEC. 2. The governor shall, by and with the advice and consent of the senate, within thirty days after this act shall take effect, appoint three persons as miners' examining commissioners, who shall constitute the "miners' examining board," for the State of Illinois, and who shall hold office as follows: One of said appointees shall hold office until March 1, 1914, one until March 1, 1915, and one until March 1, 1916, and on the first day of March of each year after this act shall take effect, one member of said board shall be appointed and the term of office thereafter shall be three years for each member, or until his successor is appointed and qualified. Two of such commissioners shall constitute a quorum. Said commissioners shall hold no other lucrative office or employment under the government of the United States, State of Illinois, or any political division thereof or any municipal corporation therein and each commissioner before entering upon the duties of his office shall subscribe and take the oath prescribed by the constitution of this State, and shall before entering upon the duties of his office give a bond with sufficient surety to be approved by the governor, payable to the people of the State of Illinois, in the penal sum of five thousand dollars ($5,000), conditioned for the faithful discharge of his duties of office and delivery of all records, books, moneys, and other property pertaining to his office to his successor in office, which said bond shall be deposited in the office of the auditor of public accounts.

Board.

SEC. 3. No person shall be appointed such miners' examining Qualifications. commissioner who has not had at least five years' practical and continuous experience as a coal miner and who has not been actually engaged in coal mining as a miner in the State of Illinois continuously for twelve months next preceding his appointment: Provided, however, That a commissioner may be appointed to suc ceed himself.

SEC. 4. Each of said commissioners shall receive a salary of fifteen hundred dollars ($1,500) per year, payable monthly, such salary to be paid on the certificate of the president of said board, verified by the commissioner receiving the same, and approved by the governor.

SEC. 5. Immediately after the appointment or reappointment of a commissioner in each and every year, the said board shall organize by selecting one of its members president and another secretary for the ensuing year, and all records, reports, books, papers and other property pertaining to the office of said board shall be kept by the secretary. The secretary shall be provided with a seal with proper device and on the margin thereof shall be the words "Miners' Examining Board, State of Illinois."

39387°-Bull. 148-14- 40

Salaries.

Organization,

etc.

Examinations.

Fees.

SEC. 6. Such board shall hold an examination once in each calendar month, in at least twelve places located most conveniently with reference to the districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State, for the purpose of engaging in mining, may be examined as to their competency and qualifications. Notice of the time and place of such examinations shall be published in some newspaper of general circulation printed in the English language and published in the vicinity where such examination will be held. Such notice shall be published at least three times before the date of such examination, the first publication not less than seven days before the examination is to occur. If there is not such newspaper published at the place of such examination, then such notice shall be published in the newspaper nearest to the place of such examination.

SEC. 7. Each applicant for the certificate provided for herein shall pay a fee of $2 to said board. Fees so collected during each month, shall, before the 10th day of the following month, be paid by the board to the State treasurer, together with a report showing where and from whom each fee was collected.

Conduct of SEC. 8. All examinations held by said miners' examining examinations. board shall be conducted in the English language and shall be of a practical nature so as to determine the competency and qualification of the applicant to engage in the business of mining. Said board shall examine under oath all persons who apply for certificates as to their previous experience as miners and shall grant certificates of competency or qualification to such applicants as are qualified, which certificates shall entitle the holder thereof to be employed as and to do the work of miners in this State. No certificate of competency shall issue or be given to any person under this act unless he shall produce evidence of having had not less than two years' practical experience as a miner or with a miner, and in no case shall an applicant be deemed competent unless he appear in person before said board and orally answer intelligently and correctly at least twelve practical questions propounded to him by the board pertaining to the requirements and qualifications of a practical miner. Said board shall keep an accurate record of its proceedings and meetings and in said record shall show a correct detailed account of the examination of each applicant with questions asked and their answers, and at each of its meetings the board shall keep said record open for public inspection. No miner's certificate granted under the provisions of this act shall be transferable and any effort to transfer the same shall be deemed a violation of this act. Such certificates shall be issued only at meetings of said board and said certificates shall not be legal unless signed by at least two members of said board and sealed with the seal of the board issuing such certificates.

Reports.

Persons without certificates.

SEC. 9. Said board shall annually on the first day of March, report to the governor, in writing, what examinations it has held and what work it has done during the preceding year, together with such recommendations as it may deem advisable for the improvement of the method of holding examinations and carrying out the purpose of this act.

SEC. 10. No person shall hereafter engage as a miner in any coal mine without having obtained a certificate of qualification as provided for in this act, nor shall any person, firm, or corporation employ as a miner in his, their or its mine in this State, any person who does not hold such certificate, nor shall any mine foreman, overseer, or superintendent permit or suffer any person to be employed under him or in any mines under his charge or supervision as a miner in any mine in this State, except as herein provided, who does not hold such certificate of qualification. Any person, firm or corporation who shall violate or fail to comply with the provisions of this act, shall be deemed guilty of misdemeanor and on conviction thereof, shall be fined in any sum not less than one hundred dollars ($100), and not more than five

hundred dollars ($500), or shall be imprisoned in the county jail for a term of not less than thirty days, nor to exceed six months, at the discretion of the court.

SEC. 11. It shall be the duty of said miners' examining board to report all complaints or charges of noncompliance with, or etc. violation of the provisions of this act to the State's attorney of the county in which such noncompliance or violation occurs, and it shall be the duty of the State's attorney of the county wherein the complaints or charges are made, to investigate the same and prosecute all persons so offending.

SEC. 12. In order to more effectively carry out the intention and purposes of this act, the miners' examining board shall have power to administer oaths to any and all persons who are applicants or may vouch in any manner for the service or qualification of any applicant in order to obtain for him a certificate hereunder, and any person who shall willfully swear or falsely testify as to any matter material to such examination or as to the service or qualification of any applicant, shall be deemed guilty of perjury and shall be subject to the penalties thereof as prescribed by the criminal code of this State.

Complaints,

Powers of

board.

Removal of

SEC. 13. The governor shall have the power and authority to remove any of said commissioners for neglect of duty, incom- members. petency, or malfeasance in office, and upon such removal shall appoint a successor.

SEC. 14. The invalidity of any section or part of this act, shall Validity of in no manner affect the validity of any other part of this act, ex- part of law. clusive of such invalid part or parts, if any.

Accidents to public service employees-Reports and investigation—

Safety provisions.

(Page 459.)

cidents.

SECTION 56. Every public utility shall file with the [public Reports of acutilities] commission, under such rules and regulations as the commission may prescribe, a report of every accident occurring, or that may occur, to or on its plant, equipment, or other property of such a nature as to endanger the safety, health or property of any person: Provided, That whenever any accident occasions the loss of life or limb to any person, such public utility shall immediately give notice to the commission of the fact by the speediest means of communication, whether telephone, telegraph or post.

The commission shall investigate all accidents occurring within Investigations. this State upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable: Provided, That neither the order or recommendation of the commission nor any accident report filed with the commission shall be admitted in evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in this section referred to.

SEC. 57. The commission shall have power, after a hearing and upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise, to require every public utility to maintain and operate its plant, equipment or other property in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and to this end to prescribe, among other things, the installation, use, maintenance and operation of appropriate safety or other devices or appliances, including interlocking and other protective devices at grade crossings or junctions and block or other systems of signalling, to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, passengers, customers or the public may demand.

Orders.

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Whenever it shall come to the knowledge of the commission that the equipment or appliances, or the apparatus, track, bridges, trestles or other structures of any common carrier are out of repair or in an unsafe condition, it shall, after an investigation, give notice in writing to the common carrier of the improvements and changes deemed necessary to place the same in a safe condition, and shall recommend to the common carrier that it make such repairs, changes, improvements or new constructions as the commission shall deem necessary to the safety of persons and property being transported thereon. The commission shall give such common carrier an opportunity for a full hearing, and unless the common carrier shall satisfy the commission that no action is required to be taken with respect to any or all of such matters the commission shall fix a time within which repairs, changes, improvements or new constructions deemed by it necessary shall be made. The commission may also prescribe the rate of speed for trains of cars passing over defective tracks, bridges, trestles or other structures until repairs or new constructions required are made; and may, if, in its opinion, it is needful or proper, forbid the running of trains or cars over any defective track, bridge, trestle or other structure until the same be repaired and placed in a safe condition.

Railroads—Safety appliances—Headlights on locomotives.

(Page 506.)

SECTION 1. All common carriers by railroad, operating or doing business in this State, shall be required to equip and maintain and use on all locomotive engines used by them in passenger service, (except suburban passenger service) a headlight of sufficient candlepower, measured with the aid of a reflector, to throw a light in clear weather that will enable the operator of same to plainly discern an object the size of a man, upon the track, at a distance of 800 feet from the headlight; and upon all locomotive engines used by them in freight service, exclusive of engines in switching, and transfer service, with a headlight of sufficient candlepower, measured with the aid of a reflector to throw a light in clear weather that will enable the operator, of same, to plainly discern an object the size of a man upon the track, at a distance of 450 feet from the headlight; and upon all engines used by them in switching, transfer, and suburban passenger service, with a headlight of sufficient candlepower, measured with the aid of a reflector, to throw a light, in clear weather that will enable the operator to plainly discern an object the size of a man upon the track, at a distance of 250 feet from the headlight: Provided, This act shall not apply to any locomotive engines running between sunup and sundown, or to any locomotive engine, the equipment of which has failed during the trip, providing it is shown that the equipment was in efficient and effective working condition when the trip was begun.

SEC. 2. Any common carrier by railroad violating any of the provisions of this act, shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500) for each offense.

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