employé within the meaning of this article shall be deemed to have waived any right accruing to him under this section by any contract he may make contrary to the provisions thereof. SECTION 7060. Any officer or agent of any corporation, or any person, firm or company engaged in the business of manufacturing or mining in this state, who by themselves or agent shall issue or circulate in payment for wages of labor any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, without b ing negotiable and payable at the option of the holder in goods, wares, merchandise, supplies or lawful money of the United States, as required by section 7058 of this article, or who shall fail to redeem the same when presented for payment within thirty days from date or delivery thereof, by said company or its agent at his or their office or place of business, in lawful money of the United States, or who shall compel or att mpt to coerce any employé of any such corporation, person, firm or company to purchase goods, wares, merchandise or supplies from any particular person, firm or corporation, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than ten nor more than five hundred dollars for each and every such offence. CHAPTER 115, ARTICLE 2.--Mine regulations and inspection. SECTION 7061. The owner, agent or operator of each and every mine in this state, employing ten or more men, shall make or cause to be made, at the discretion of the inspector or other person acting in that capacity, an accurate map or plan of the workings of such mine and each and every vein thereof, showing the general inclination of the strata, together with any material deflections in the said workings and the boundary lines of said mine, and deposit a true copy of said map or plan with the clerk of the county court of each county wherein may be located the said mine; which said map or plan shall be so filed or deposited within three months after the time when this article shall take effect, and a copy of such map or plan shall also be kept for inspection at the office of the said mine; and during the month of January of each and every year after this article shall have taken effect, the said owner, agent or operator shall furnish the inspector and the clerk of the county court as aforesaid with a statement, and a further map or plan of the progress of the workings of such mine, continued from the last report to the end of the month of December next preceding, and the inspector shall correct his map or plan of said workings in accordance with the statement and map or plan thus furnished; and when any mine is worked out or abandoned, that fact shall be reported to the inspector, and the map or plan of such mine in the office of the clerk of the county court shall be carefully corrected and verified. SECTION 7062. Whenever the owner, agent or operator of any mine shall neglect, fail or refuse to furnish the said inspector and clerk as aforesaid with a statement, the map or plan or addition thereto, as provided in the first section of this article, at the times and in the manner therein provided, the said inspector is hereby authorized to cause an accurate map or plan of the workings of such mine to be made at the expense of the said owner, agent or operator, and the cost thereof may be recovered by law from said owner, agent or operator, in the same manner as other debts, by suit in the name of the inspector and for his use. SECTION 7063. In all coal mines that are now or have been in operation prior to the first day of January, 1887, and which are worked by or through a shaft, slope or drift, and in which more than ten miners are employed in each twentyfour hours, if there is not already an escapement shaft to each and every said mine, or communication between each and every mine and some other contiguous mine, then there shall be an escapement shaft or other communication, such as shall be approved by the mine inspector, making at least two distinct means of ingress and egress for all persons employed or permitted to work in such mine. Such escapement shaft or other communication with a contiguous mine aforesaid shall be constructed in connection with every vein or stratum of coal worked in such mine, and the time to be allowed for such construction shall be one year when such mine is under one hundred feet in depth, two years when such mine is over one hundred feet and under three hundred feet, and three years when it is over three hundred feet and under four hundred feet, and four years when it is over four hundred feet in depth, and five years for all mines over five hundred feet, from the time this article goes into effect; and in all cases where the working force of one mine has been driven up to or into the workings of another mine, the respective owners of such mine, while operating the same, shall keep open a 1oadway at least two and one-half feet high and four feet wide, thereby forming a communication as contemplated in this article, and for a failure to do so shall be subject to the penalty provided for in section 7069 of this article, for each and every day such roadway is unnecessarily closed. Each and every such an escapement shaft shall be separated from the main shaft by such ext.nt of natural strata as shall secure safety to the men employed in such mines-such distance to be left to the discretion and judgment of the mine inspector or person acting in that capacity; and in all coal mines that shall go into operation for the first time after the first day of January, 1988, such an escapement or other communication with a contiguous mine, as aforesaid, s all be constructed within one year after such mine shall have been put into operation. And it shall not be lawful for the owner, agent or operator of any such mine as aforesaid to employ any person to work therein, or permit any person to go therein for the purpose of working, except such persons as may be necessary to construct such an escapement shaft, unless the requirements of this section shall have first been complied with; and the term "owner" used in this articl shall mean the immediate proprietor, lessee or occupant of any mine, or any part thereof, and the term "agent" shall mean any person having, on behalf of the owner, the care or management of any mine, or any part thereof: Provided, Nothing in this section shall be construed to extend the time allowed by law for constructing escapement shaft. SECTION 7064. The owner, agent or operator of every mine, whether operated by shaft, slope or drift, shall provide and maintain for every such mine a sufficient amount of ventilation, to be determined by the inspector, at the rate of one hundred cubic feet of air per man per minute, measured at the foot of the downcast, which shall be forced and circulated to the face of every working place throughout the mine, so that said mine shall be free from standing gas of whatsoever kind: and in all mines where fire-damp is generated, every working place where such fire-damp is known to exist shall be examined every morning with a safety lamp by a competent person, before any other persons are allowed to enter. The ventilation required by this section may be produced by any suitable appliances, but in case a furnace shall be used for ventilating purposes, it shall be built in such a manner as to prevent the communication of fire to any part of the works, by lining the upcast with incombustible material for a sufficient distance up from said furnace. SECTION 7065. The owner, agent or operator shall provide that bore-holes shall be kept twenty feet in advance of the face of each and every working place, and, if necessary, on both sides, when driving towards an abandoned mine and part of a mine suspected to contain inflammable gases or to be inundated with water. SECTION 7066. The owner, agent or operator of every mine operated by shaft shall provide suitable means of signaling between the bottom and the top thereof, and shall also provide safe means of hoisting and lowering persons in a cage covered with boiler iron, so as to keep safe, as far as possible, persons descending into and ascending out of said shaft; and such cage shall be furnished with guides to conduct it on slides through such shaft, with a sufficient brake on every drum to prevent accident in case of the giving out or breaking of machinery: and such cage shall be furnished with spring catches, intended and provided, as far as possible, to prevent the consequences of cable breaking or the loosening or disconnecting of the machinery; and no props or rails shall be lowered in a cage while men are descending into or ascending out of said mine: Provided, That the provisions of this section in relation to covering cages with boiler ion shall not apply to coal mines less than one hundred feet in depth, where the coal is raised by horse-rower. No male person under the age of twelve years, or female of any age, shall be permitted to enter any mine to work therein: nor shall any boy under the age of fourteen years, unless he can read or write, be allowed to work in any mine. Any party or person neglecting or refusing to perform the duties required to be perfo med by the provisions of this article shall be deemed guilty of a misdemeanor, and punished by a fine in the discretion of the court trying the same, subject, however, to the limitations as provided by section 7069 of this article. SECTION 7067. No owner, agent or operator of any mine operated by shaft or slope shall place in charge of any engine whereby men are lowered into or hoisted out of the mines, any but an experienced, competent and sober person not under eighteen years of age; and no person shall be permitted to ride upon a loaded cage or wagon used for hoisting purposes in any shaft or slope, and in no case shall more than twelve persons ride on any cage or car at one time, nor shall any coal be hoisted out of any mine while persons are descending into such mine; and the number of persons to ascend out of or descend into any mine on one cage shall be determined by the inspector; the maximum number so fixed shall not be less than four nor more than twelve, nor shall be lowered or hoisted more rapidly than five hundred feet to the minute. SECTION 7068. All boilers used in generating steam in and about coal mines shall be kept in good order, and the owner, agent or operator, as aforesaid, shall have the said boiler examined and inspected by hydrostatic pressure and warm water, by a competent boiler-maker or other qualified person, as often as once every six months, and the result of every such examination shall be certified in writing to the mine inspector; and the top of each and every shaft, and the entrance of each and every immediate working vein, shall be securely fenced by gates properly covering and protecting such shaft and entrance thereto; and the entrance to every abandoned slope, air or other shaft, shall be securely fenced off; and every steam boiler shall be provided with a proper steam gauge, water gauge, and safety valve, and all underground self-acting or engine planes or gangways on which coal cars are drawn and persons travel, shall be provided with some proper means of signaling between the stepping places and the end of said planes or gangways, and sufficient places of refuge at the sides of such planes or gangways shall be provided at intervals of not more than twenty feet apart. SECTION 7069. Whenever loss of life or serious personal injury shall occur by reason of any explosion or of any accident whatsoever, in or about any mine, it shall be the duty of the person having charge of such mine to report the facts thereof without delay to the state mine inspector, and if any person is killed thereby, to notify the coroner of the county also, or in his absence or inability to act, any justice of the peace of said county; and the said inspector shall, if he deem it necessary from the facts reported, immediately go to the scene of said accident and make suggestions and render such assistance as he may deem necessary for the safety of the men; and the inspector shall investigate and ascertain the cause of such explosion or accident and make a report thereof, which he shall preserve with the other records of his office; and to enable him to make such investigations, he shall have the power to take depositions, compel the attendance of witnesses and administer oaths or affirmations to them; and the cost of such investigations shall be paid by the county court of the county in which such accident shall have occurred, in the same manner as costs of coroners' inquests are now paid. And a failure on the part of the person having charge of any mine in which any such accident may have occurred to give notice to the inspector or coroner, as provided for in this section, shall subject such person to a fine of not less than one hundred nor more than three hundred dollars, to be recovered of him in the name of the state of Missouri, before any justice of the peace of such county wherein the mine is situate and the accident occurred; and such fine, when collected, shall be paid into the county treasury for the use and benefit of said county. SECTION 7070. In all cases in which punishment is not provided for by fine under this article, for a breach of any of its provisions, the fine for the first offense shall not be less than fifty nor more than two hundred dollars, and for the second offense not less than two hundred nor more than five hundred dollars, to be recovered in any court of the state having competent jurisdiction. SECTION 7071. The governor shall appoint an inspector of mines, who shall serve for two years, and shall have a practical mining experience, but not be interested in any mine, and shall receive a salary of $1,500 per annum and his actual traveling expenses. He shall have his office in the office of the commissioner of labor statistics, and when not inspecting mines act as a clerk in said office, giving his whole time to the state. SECTION 7072. The inspector provided for in this article shall see that every necessary precaution is taken to insure the health and safety of the workmen employed in any of the mines in this state, that the provisions and requirements provided for in this article be faithfully observed and obeyed, and the penalties of the law enforced. He shall also collect and tabulate in his report, to be made to the bureau of labor statistics on the 15th day of October of each year, the extent of workable mining lands in this state, by counties; also, the manner of mining, whether by shaft. slope or drift, the number of mines in operation, the number of men employed therein, the amount of capital invested, and the amount of mineral, coal, etc., produced. SECTION 7073. It shall be lawful for the inspector provided for in this article to enter, examine and inspect any and all mines and machinery belonging thereto, at all reasonable times, by day or by night, but so as not to obstruct or hinder the necessary workings of such mine, and the owner, agent or operator of every such mine is hereby required to furnish all necessary facilities for such entering, examination and inspection; and if the said owner, agent or operator aforesaid shall refuse to permit such inspection, or to furaish the necessary facilities for such entry, examination and inspection, the inspector shall file his affidavit setting forth such refusal before the judge of the circuit court in said county in which said mine is situated, either during the term of the court or during vacation, and obtain an order on such owner, agent or operator so refusing as aforesaid, commanding him to permit and furnish such facilities for the inspection of such mine, or to be adjudged to stand in contempt of court and punished accordingly; and if the said inspector shall after examination of any mine and the works and machinery pertaining thereto, find the same to be worked contrary to the provisions of this article, or unsafe for the workmen therein employed, said inspector shall, through the circuit attorney of his county, or any attorney in case of his refusal to act, acting in the name and on behalf of the state, proceed against the owner, agent or operator of such mine, either separately or collectively, by injunction, without bond, after giving at least two days' notice to such owner, agent or operator; and said owner, agent or operator shall have the right to appear before the judge to whom application is made, who shall hear the same on affidavits and such other testimony as may be offered in support as well as in opposition thereto and if sufficient cause appear, the court, or judge in vacation, by order, shall prohibit the further working of any such mine in which persons may be unsafely employed contrary to the provisions of this article, until the same shall have been made safe and the requirements of this article shall have been complied with; and the court shall award such costs in the matter of aid injunction as may be just; but any such proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this article. SECTION 7074. For any injury to persons or property occasioned by any willful violation of this article, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby and in case of loss of life by reason of such willful violation or willful failure as aforesaid, a right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted children, or to any person or persons who were, before such loss of life, dependent for support on the person or persons so killed, for a like recovery of damages sustained by reason of such loss of life or lives. SECTION 7075. Any miner, workmen or other person who shall knowingly injure any water gauge, barometer, air course or brattice, or shall obstruct or throw open any air-ways, or carry any lighted lamps or matches into places that are worked by the light of safety lamps, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door to a mine and not have the same closed again, whereby danger is produced, either to the mine or those at work therein, or who shall enter into any part of the mine against caution, or who shall disobey any order given in pursuance of this article, or who shall do any willful act whereby the lives and health of persons working in the mine, or the security of the mine or miners, or the machinery thereof, is endangered, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine or imprisonment, at the discretion of the court. SECTION 7076. The owner, agent or operator of any mine shall keep a sufficient supply of timber. when required to be used as props, so that the workmen may at all times be able to properly secure the said workings from caving in, and it shall be the duty of the owner, agent or operator to send down all such props when required. SECTION 7077. All miners or other persons employed in or about a mine, using gun or blasting powder or other explosive, shall have and keep a strong box in which all surplus gun or blasting powder or other explosive in the mine shall be kept, excepting so much only as is necessary for immediate use. These boxes shall be kept locked, and not opened unless it be to put in or take out powder: nor must these strong (or powder) boxes be nearer than one hundred feet to the place of blasting. And in all dry and dusty coal mines or mines discharging light carbonated hydrogen gas, shot-fires must be employed to fire all shots after the employés and other persons have retired from the mine: Provided; however, That the above section shall refer only to mines working ten or more men. CHAPTER 126, ARTICLE I.-Convict labor. SECTION 7224. The penitentiary shall be under the control and direction of three inspectors, with one warden * * * * * * * SECTION 7232. It shall also be the duty of the warden to classify the the convicts in their labor, so far as it can conveniently be done * *. And he shall use his best endeavors to the end that the expenses of the penitentiary may be paid out of the proceeds of the labor of convicts, when employed in manufacturing or otherwise, on behalf of the state, and shall act under the direction of the inspectors in making contracts for the employment of the labor of the convicts. * * * * * * * * * SECTION 7235. * * He [the warden] shall, under the direction of the inspectors, purchase such raw material as may be required for manufacture by convicts, * and shall have charge of all articles manufactured for the state, and shall sell such manufactured articles in such manner as may be for the best interest of the state SECTION 7238. The warden shall, in his discretion, advertise for bids for the unemployed convict labor, under such terms and conditions as he shall deem for the best interests of the state. Such advertisement shall fully set forth the terms, and as near as may be, the number of such convicts to be employed, and the length of time for which they may be employed. He may renew any contracts for labor within the walls which may be already in existence, without advertising the same. No contract shall be made for a longer period than ten years. All contracts shall be approved by the board of inspectors: Provided, That no convict shall be employed outside the prison walls, except in making improvements connected with the penitentiary or other State improvements, or in erecting buildings for the state, or for the preservation and security of the property of the state, and in collecting and provi ing materials therefor: And provided, further, That the warden is hereby authorized to use the labor of convicts. not otherwise employed, on the penitentiary farm, in improving any of the public grounds belonging to the state, or in any quarry or brick-yard belonging to or under the control of the state, anywhere within the state, or for the purpose of procuring fuel, water, ice or other necessary supplies for the penitentiary, or for the protection of the state's property at Jefferson City from changes or washes in the Missouri River or otherwise, or as teamsters for the state; and contractors within the walls shall have the right to empley trusty convicts as teamsters, and such other help as may be necessary in transporting material, supplies and manufactured goods to and from the railroad depots and the levee: Provided, That nothing in this article shall be so construed as to annul, set aside or in any manner affect any contract heretofore made by the warden and inspectors with any other persons for using convict labor outside of the prison walls, leaving every such contract to expire by its own terms, except that all such labor as is now under contract shall be continued only at such place or places where it is now employed. No state officer or person connected with the penitentiary as an officer or employé, the inspectors included, shall be directly or indirectly interested in any contract for convict labor. Any violation of this provision shall be deemed a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary not less than three nor more than ten years. SECTION 7252. It shall be unlawful for the warden to hire out either male or female convicts as domestic servants to any person outside of the prison walls, or to permit any male or female convict to be used as a domestic servant without reward * * * SECTION 7274. Eight hours per day from October 15th to April 15th, and ten hours per day from April 15th to October 15th, shall constitute a day's labor for each convict; and no convict shall be required to do any work on the Sabbath day, excepting necessary labor for the state. CHAPTER 152, ARTICLE 1.—Bureau of labor statistics. SECTION 8215. There is hereby established a separate and distinct department in this State, to be known as the "bureau of labor statistics and inspection of factories, mines and workshops." SECTION 8216. The object of this department shall be to collect, assort, systematize and present in annual report to the governor, to be by him transmitted biennially to the general assembly, statistical details and information relating to all the departments of labor in the state, especially in its relations to the commercial, industrial, social, educational and sanitary condition of the labor |