SEC. 9. FENCING OF MACHINERY, SHAFTS, AND OTHER OPENINGS.1Aside from the special provisions concerning fences or gates for hoisting shafts, several States provide that all abandoned shafts and slopes or openings of any kind shall be properly fenced or covered-Colorado (both classes of mines) Indiana, Kansas, Montana, Missouri, and Tennessee. Montana and Missouri add that all sumps shall be properly covered. Ohio and North Carolina require that all underground entrances to places not in actual course of working or extension shall be properly fenced across. In Pennsylvania all dangerous places must be properly fenced and sign boards, indicating the danger, must be so hung upon the fences as to be plainly seen (sec. 315). Abandoned slopes and other places must also be fenced (sec. 364).

Kansas, Pennsylvania (sec. 241), Tennessee, and Wyoming further provide that all machinery shall be protected or fenced.

3

SEC. 10. EXPLOSIVES AND BLASTING.2-Colorado declares that underground workings of a coal mine shall not be used for storing gunpowder or other blasting material. The provisions as to metalliferous mines are more elaborate. Kansas forbids more than 124 pounds of powder or explosives to be taken into a mine by any one person at one time. Such explosives must be kept in a tight box, securely locked, at least 20 yards from the working face. Illinois (see pp. 296, 304) prohibits any miner from having more than 25 pounds of powder or 3 pounds of high explosives, and requires explosives to be kept in properly located locked boxes. The powder house must be on the surface, fireproof, and safely located. Missouri also requires explosives to be

1Colo., An. St., sec. 3198; L. 1899, ch. 119, sec. 20; Ind., An. St., sec. 7439; Kan., G. S., sec. 27; Mo., R. S., sec. 7068; Mon., Pol. Code, sec. 3362; Pen. Code, sec. 704, as amended by L. 1899, p. 149; N. C., L. 1897, ch. 251, sec. 5; Ohio, R. S., sec. 298; Pa., Dig., Coal Mines, secs. 241, 315, 364; Tenn., L. 1881, ch. 170, sec. 13; Wyo., Acts 1890-1, ch. 80, sec. 7.

2 Colo., An. St., sec. 3198 (coal mines); L. 1899, ch. 119, sec. 20 (metal mines); Ill., L. 1899, Ápr. 18, secs. 5, 20; Ind., Acts 1899, ch. 167; Kan., G. S., ch. 149, secs. 25, 28-31; Mo., R. S., secs. 7064c, 7077, 7077a, as added by L. 1895, Apr. 9 and 11; Mon., Pol. Code, sec. 3358; N. Y., L. 1897, ch. 415, sec. 125; Pa., Dig., Coal Mines, secs. 269, 323, 352, 357, 358, 371, 373; Wash., Stats. and Codes, sec. 2240.

3 Colorado, L. 1899, ch. 119:

SEC. 20. First―That explosives must be stored in a magazine provided for that purpose alone; said magazine to be placed far enough from the working shaft, tunnel, or incline to insure the same remaining intact in the event the entire stock of explosives in said magazine be exploded; that all explosives in excess of the amount required for a shift's work must be kept in said magazine; that no powder or other explosive be stored in underground workings where men are employed; that each mine shall provide and employ a suitable device for thawing or warming powder and keep the same in condition for use; that oils or other combustable [combustible] substances shall not be kept or stored in the same magazine with explosives.

Second-That the commissioner of mines shall have authority to regulate and limit the amount of nitro powder stored or kept in general supply stores in mining camps or mining towns where there is no municipal law governing the storage of same.

Third-That oils and other inflamable [inflammable] material shall be stored or kept in a building erected for that purpose, and at a safe distance from the main buildings, and at a safe distance from the powder magazine, and their removal from said building for use shall be in such quantities as are necessary to meet the requirements of a day only.

Fourth-That no person shall, whether working for himself, or in the employ of any person, company or corporation, while loading or charging a hole with nitroglycerine powder or other explosives, use or emply [employ] any steel or iron tamping bar; nor shall any mine manager, superintendent, foreman or shift boss, or other person having the management or direction of mine labor, allow or permit the use of such steel, iron or other metal tamping bar by employees under his management or direction.

kept in a strong locked box, to be placed at least 100 feet from the point where blasting is done. Montana declares that no more powder shall be stored in a mine than is necessary for one day's use. Pennsylvania limits the amount of explosives to be taken into a mine to the amount required for use in one shift, requires metallic canisters to be used, and also limits the amount of explosives which may be stored in a tipple, or weighing office, or place where workmen have business.

Kansas provides that blasting shall be done only by shot firers especially employed for the purpose, and Missouri has a similar provision as regards dry and dusty mines discharging light carbonated hydrogen gas or mines where coal is blasted off the solid. Pennsylvania provides that no person shall be employed to blast coal unless the mine foreman is satisfied that he is qualified by experience, and in places likely to generate sudden volumes of fire damp, or where safety lamps are necessary, no shots shall be fired except under the supervision and with the consent of the mine foreman or some competent person designated for that purpose.

Some States regulate the manner of firing blasts, etc. Thus in Illinois no workman is permitted to bring a lighted lamp, pipe, or other thing containing fire nearer than five feet from an open box containing explosives. No coal dust or inflammable material may be used for tamping. No means shall be used to hasten the burning of a fuse. Proper warning must be given to persons approaching, and not more than one shot shall be fired at the same time in any place unless by electricity or long fuses. (For the Illinois act in full, see p. 304.)

Indiana prohibits blasting during working hours except in opening new mines. No shot shall be fired in any working place before all shots in places beyond that working place have been fired and the miners have passed out. Where coal is mined by blasting off the solid no drill hole for blasting shall be driven more than one foot past the end of the cutting of the coal at the loose end. Not more than eight pounds of blasting powder shall be placed in a hole.

The Indiana law in full is given below.1

'Indiana, Laws 1899, ch. 167:

SEC. 1. That there be no shooting, or blasting of any kind allowed in the mines of the State in working hours: Provided, In cases of opening up a new mine, which contains not over twenty (20) employees, and not over one hundred (100) yards in any direction from the bottom of said shaft, the said mine operator, superintendent, agent, boss and miners shall be permitted to allow shooting or blasting twice in working hours only.

SEC. 2. That where powder, or other explosives, is used in mining or loosing coal, in any mine of this State, it shall be unlawful for any miner or other persons to fire any shot in any working place, on any entry, before all shots in places beyond such working place have been fired, and all miners and other persons have passed such working place on their way to the outlet of such mine.

SEC. 3. That in any mine in 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. SEC. 4. That it shall be unlawful for any miner, or other person, to place in any hole, for the purpose of blasting coal or other material, in any coal mine in this state, more than eight pounds of blasting powder, or to light a squib, fuse or other device with a purpose to discharge any shot which he knows to contain more than eight pounds of blasting powder, or to discharge any such shot by the use of an electric battery or any other device which may be used for such purpose.

SEC. 5. It shall be the duty of the mine operator or superintendent or agent or mine boss to see that section (1) one of this act be enforced or carried out.

SEC. 6. And for violation of any section of this act the same parties, the mine

Kansas also declares that shots shall be fired once each day, and only after the miners have been hoisted out of the mine. Holes shall not be drilled for blasting until the coal has been undermined to the depth of at least two feet or to the full depth of the drill or until the coal has been sheared to a similar depth at the sides.1

Missouri and Montana provide that no blasting hole shall be charged with loose powder or otherwise than with a properly constructed cartridge, and that in dry and dusty mines the cartridges must be loaded with powder cans especially constructed for that purpose. Missouri requires blasting by shot firers to be done only after the men have left the mine. New York gives the inspector of mines power to prescribe rules concerning the manner of storing and using explosives; none except qualified persons shall be permitted to fire shots, and timely notice must be given before any blast is fired.

Illinois, New York, and Washington also provide that in charging holes for blasting no iron or steel-pointed bars shall be used unless tipped with copper or soft material. Colorado prohibits use of metal tamping bars in metalliferous mines.

Pennsylvania provides that proper notice shall be given to all persons before blasts are fired, and that when a workman opens a box containing explosives or handles them he shall put his lamp at least 5 feet away and shall not smoke. Coal must be properly undermined before blasting (sec. 312). (For the Pennsylvania law in full see pp. 287, 291.) SEC. 11. UNDERGROUND ROADS; SAFETY HOLES.-Several States provide that on underground gangways or planes, whether self-acting or engine planes, suitable means of signaling between stopping places and the ends of such planes must be provided, and also places of refuge or manholes at certain intervals, and some of these also require manholes in gangways where cars are hauled by animals. In Arkansas, Kansas, Missouri, and Montana these manholes must not be over 30 feet apart in the case of self-acting or engine planes and not over 60 feet apart in gangways where animal power is used for moving cars. In Illinois (both for mechanical and animal-power planes), Ohio, Washington, and West Virginia the manholes are to be not more than 60 feet apart. Pennsylvania requires manholes at least every 45 feet in

operator, superintendent, agent, boss and miners shall be guilty of a misdemeanor, and for such offense shall be fined not over ($100) one hundred dollars, nor less than ($5) five dollars, or imprisonment in the county jail not over (6) six months, nor less than (30) thirty days for each offense.

1 Kansas, G. S., ch. 149, sec. 29:

It shall be unlawful for any miner or any person other than the shot-firers provided for in section 1 of this act [the next preceding section], to fire any shot in any coal-shaft, slope, drift or pit in this state. Any miner or other person engaged in mining coal in this state, who shall drill any hole or fire any shot in the coal vein at the working face of any room or entry until so much of said coal vein at said working face as the said shot or shots are intended to throw down shall have been undermined to the depth of not less than two feet, or sheared or cut to the full depth of the drill or shot-hole and of the full thickness of the coal vein in rooms, or shall have been sheared to the full depth of the drill or shot-hole and the full thickness of vein in entries, or who shall so direct the drilling of such holes as to include between such shearing or mining and the back or rear end of the hole a greater width of coal than is contained between such shearing or mining and the mouth of the hole, shall be deemed guilty of a misdemeanor, and fined as hereinafter provided. 2 Ark., Dig., sec. 5052; Colo., An. St., secs. 3187, 3198; Ill., L. 1899, Apr. 18, sec 21; Kan., G. S., ch. 149, secs. 16, 37; Mo., R. S., sec. 7068; Mon., Pol. Code, part 3, sec. 3363; Ohio, R. S., sec. 299; Penn., Dig., Coal Mines, secs. 257, 324-327, 338, 353-355, 366, 367, 381; Wash., Codes and Stats., sec. 2228; W. Va., Code 1891, p. 991, secs. 9, 11; Wyo., Acts 1890-1, ch. 80, sec. 6.

the case of engine or self-acting planes and every 90 feet where animal power is used. Pennsylvania, Illinois, Ohio, and West Virginia provide that if sufficiently wide space exists through the tunnels these manholes are unnecessary. Colorado requires the places of refuge every 50 feet. Wyoming requires them every 90 feet on all hauling roads. In Montana, Missouri, Pennsylvania, and Wyoming these places must be whitewashed in order to make them more conspicuous. Colorado enacts further that wherever coal is hauled by machinery on underground roads, if the grade is more than six feet per 100, double drawbars must be attached to every car and the hooks used to attach the cars must be furnished with some device to prevent them from becoming unfastened. Moreover, double chains with approved safety hooks must be attached to the socket of the hoisting ropes.

Pennsylvania provides that safety blocks or other devices must be placed on cars to prevent them from falling into shafts or running away on slopes and inclined planes. No person is allowed to travel to or from work on an inclined plane or locomotive road when other good roads exist. No person except the driver or trip runner is permitted to ride on loaded cars, or in empty cars at more than six miles an hour. Tunnels in which locomotives are used (sec. 381) must be properly ventilated, by a special apparatus if so required by the inspector. The Pennsylvania statute also prescribes the duties of drivers and of trip runners in considerable detail, as well as of the persons employed to hook cars onto the hauling rope or chain at the bottom of a slope. (See these provisions in full, pp. 288, 292.)

Illinois requires a conspicuous light in front of every train of pit cars, except on inclined planes. (For provisions in full, see p. ———.)

1

SEC. 12. PROPS AND TIMBERS.-The laws of most States require that mines shall be properly timbered, and that the owners or persons in charge of mines shall keep a sufficient supply of props and other timbers, and shall deliver them when required at places convenient to the reach of the miners. The details vary slightly in the different States. Indiana, Pennsylvania, and West Virginia require that proper places (in Indiana blackboards and in Pennsylvania books or sheets) shall be provided on which miners may enter a statement of the props or timbers required from time to time. Colorado declares as to metalliferous mines that all old timber must be removed from the mine and not permitted to decay underground.

2

SEC. 13. ACCIDENTS.-In case of serious or fatal accident in a

1Ala., Acts 1896-7, No. 486, sec. 12; Ark., Dig., sec. 5060; Colo., An. St., sec. 3184; Ill., L. 1899, Apr. 18, sec. 16; Ind., An. St., sec. 7444; Iowa, Acts 1884, ch. 21, sec. 18; Kan., G. S., ch. 149, sec. 16; Mo., R. S., sec. 7076; Md., Pub. Loc. Laws, art. 1, sec. 202; Mich., Acts 1899, No. 57, sec. 7; N. C., L. 1897, ch. 251, sec. 8; N. Y., L. 1897, ch. 415, sec. 122; Ohio, R. S., sec. 6871; Pa., Dig., Coal Mines, secs. 255, 316; Utah, L. 1896, ch. 113, sec. 16; Wash., Codes and Stats., sec. 2233; W. Va., Code 1891, p. 991, sec. 11; Wyo., Acts 1890-1, ch. 80, sec. 6.

2 L. 1899, ch. 119, sec. 20.

3 Ala., Acts 1896-7, No. 486, sec. 29; Ark., Dig., sec. 5053; Colo., An. St., sec. 3188 (coal mines); L. 1899, ch. 119, sec. 20 (metal mines); Idaho, Acts 1893, p. 152, sec. 10; Ill., L. 1899, Apr. 18, secs. 26, 27; Ind., An. St., secs. 7474, 7475; Iowa, Acts 1884, ch. 21, sec. 2, as amended by Acts 1886, ch. 140; Kan., G. S., ch. 149, sec. 20; Md., Pub. Loc. Laws, art. 1, sec. 199; Mo., R. S., sec. 7069; Mon., Pol. Code, part 3, sec. 586; N. Y., L. 1897, ch. 415, sec. 126; N. C., L. 1897, ch. 251, sec. 6a; Ohio, R. S., sec. 301; Pa., Dig., Coal Mines, secs. 289-292; S. Dak., Acts 1890, ch. 112, sec, 9; Tenn., L. 1881, ch. 170, sec. 12; L. 1887, ch. 247, secs. 9, 10; U. S., Acts 1890-1, ch. 564, sec. 15; Utah, L. 1896, ch. 113, sec. 15; Wash., Stats. and Codes, sec. 2229; W. Va., Code 1891, p. 991, sec. 15; Wyo., Acts 1890-1, ch. 80, sec. 12.

mine practically all of the laws require notice at once to be given by the owner or person in charge to the mine inspector.' Iowa requires report of fatal accidents only. In the Territories under the United States law and in Utah full reports of fatal accidents must be made to the inspector within ten days, and in Utah a similar report where the accident results in serious injuries. (For statutes of Illinois and Pennsylvania, see pp. 284, 306.)

Upon receiving such a report concerning an accident it is the duty of the inspector (in Alabama, Colorado (as to coal mines), Illinois, Kansas, Missouri, Pennsylvania, Tennessee, Washington, West Virginia, and Wyoming) to visit the scene of the accident at once and to make suggestions with a view to securing safety to the miners. In these same States and also in Arkansas, Colorado (as to metal mines), Idaho, Indiana, Montana, North Carolina (in case the accident be fatal), Ohio (in case the accident be fatal), and South Dakota the inspector is to investigate the causes of the accident and to make a record or report of these causes and of the result of the accident. For the purpose of this investigation the inspector is authorized to summon witnesses and compel testimony in Alabama, Arkansas, Illinois, Indiana, Kansas, Missouri, Pennsylvania, Tennessee, Washington, West Virginia, and Wyoming, and perhaps by implication in the other States. In case the inspector can not come immediately to the scene of the accident, Idaho, Montana, and South Dakota make it the duty of the owner or person in charge to secure written statements on oath from persons witnessing the accident or first to arrive after it.

Where the accident is a fatal one the law in many States requires the person in charge of the mine to give notice at once to the coroner. In Iowa, Indiana, Maryland, Montana, and South Dakota the inspector is authorized to be present and aid the coroner in his investigation. Colorado (as to metal mines), Illinois, Idaho, Pennsylvania, Washington, West Virginia, and Wyoming further give the inspector power himself to give evidence or to examine and cross-examine witnesses before the coroner. North Carolina and Ohio, which provide for a separate investigation by the inspector, also require the coroner to report his findings to the inspector. In Iowa, Pennsylvania, TennesWest Virginia, and Washington the law provides that no person having any interest in the mine where the accident has occurred shall serve on the coroner's jury. (As to liability of owners for damages, see p. 266.)

see,

Stretchers, etc.-Washington and Wyoming require owners or operators of mines to keep convenient at the mouth of the mine stretchers

'The Kansas statute in full (G. S., ch. 149, sec. 20):

Whenever, by reason of any explosion, or other accident, in any coal mine, or the machinery connected therewith, loss of life, or serious personal injury, shall occur, it shall be the duty of the person having charge of such coal mine to give notice thereof forthwith to the inspector, and if any person is killed thereby to the coroner of the county, who shall give due notice of the inquest to be held. It shall be the duty of the inspector upon being notified as herein provided, to immediately repair to the scene of the accident, and make such suggestions as may appear necessary to secure the future safety of the men; and if the results of the explosion do not require an investigation by the coroner, he shall proceed to investigate and ascertain the cause of the explosion or accident, and make a record thereof, which he shall file as provided for; and to enable him to make the investigation, he shall have power to compel the attendance of persons to testify, and to administer oaths or affirmations. The cost of such investigation shall be paid by the county in which the accident occurred, in the same manner as costs of inquests held by the coroner or justices of the peace are paid.