MINING CODE 
 
 OF THE 
 
 State of Arizona 
 
 ISSUED BY 
 
 TOM C. FOSTER, State Inspector of Mines 
 PHOENIX, ARIZONA 
 
AMCROfT UBHABV 
 
 S03 
 
 711 
 
 CHAPTER 51. 
 Mines and mining. 
 
 rticle : 
 
 1. Mining location. 
 
 2. Mine inspector and operation of 
 mines. 
 
 Article 1. Mining location. 
 2266. Location upon discovery of mineral 
 place. On the discovery of mineral in place 
 t the public domain of the United States the 
 me may be located as a mining claim by the 
 scoverer for himself, or for himself and oth- 
 s, or for others. ( 3231, R. S. '01; 4027, 
 . S. 13.) 
 
 2267. Location notice, contents; amend- 
 
 ent. Such location shall be made by erecting 
 
 or contiguous to the point of discovery a 
 
 nspicuous monument of stones, not less than 
 
 iree feet in height, or an upright post, se- 
 
 irely fixed, projecting at least four feet 
 
 aove the ground, in or on which there shall 
 
 > posted a location notice, signed by the name 
 
 :' the locator. The location notice must con- 
 
 lin : The name of the claim located ; the name 
 
 f the locator; the date of the location; the 
 
 ngth and width of the claim in feet, and the 
 
 istance in feet from the point of discovery to 
 
 ich end of the claim ; the general course of 
 
 le claim ; the locality of the claim with ref er- 
 
 nce to some natural object or permanent 
 
 lonument whereby the claim can be identi- 
 
 ied ; and until each of the same shall have 
 
 een done no right to such location shall be 
 
 cquired. The notices may be amended at any 
 
 ime and the monuments changed to corres- 
 
 ond with the amended location ; provided, 
 
 hat no change shall be made which will inter- 
 
 ere with the rights of others. ( 3232-3, 
 
 238, R. S. '01 ; 4028-9, 4034, R. S. '13, Cons. 
 
 ; rev.) 
 
 2268. Completing location; additional 
 cts; failure. From the time of the location 
 he locator shall be allowed ninety days with- 
 n which to do the following: Cause to be 
 ecorded in the office of the county recorder a 
 opy of the location notice; sink a discovery 
 haft in the claim to a depth of at least eight 
 eet from the lowest part of the rim of the 
 haft at the surface, and deeper, if necessary, 
 intil there is disclosed in said shaft mineral 
 n place; and monument the claim on the 
 ground so that its boundaries can be readily 
 raced. Failure to do all such things in the 
 ime and place specified shall be an abandon- 
 nent of the claim, and all right and claim 
 hereto of the discoverer and locator shall be 
 'orfeited. ( 3234-5, R, S. '01; 1, 3, Ch. 60, 
 j. '09- 4030-1, R. S. '13, cons. & rev.) 
 
 2269. Monumenting. Such boundaries 
 shall be monumented by six substantial posts 
 projecting at least four feet above the surface 
 of the ground, or by substantial stone monu- 
 ments at least three feet high, one at each cor- 
 ner of the said claim and one at the center of 
 each end line thereof; when, however, the 
 point of a monument is at the same point and 
 coincides with a monument of the survey of 
 the United States, the monument of such gov- 
 ernment survey, shall be deemed a mining 
 claim monument. (3236, R. S. '01; 4032, 
 R. S. '13, am., Ch. 125, L. '19, rev.) 
 
 2270. Tunnel as location work. Any open 
 cut, adit or tunnel, made as a part of the loca- 
 tion of a lode mining claim, equal in amount 
 of work to a shaft eight feet deep and four 
 feet wide by six feet long, and which shall cut 
 a lode or mineral in place at a depth of ten 
 feet from the surface, shall be equivalent, as 
 discovery work, to a shaft sunk from the sur- 
 face. ( 2, Ch. 60, L. '09 ; 4033, R. S. '13, rev.) 
 
 .... 2271. Relocation. The location of an 
 abandoned or forfeited claim shall be made in 
 the same manner as other locations, except 
 that the relocator may perform his location 
 work by sinking the original location shaft 
 eight feet deeper than it was originally, or if 
 the original location work consisted of a tun- 
 nel or open cut, he may perform his location 
 work by extending said tunnel or open cut by 
 removing therefrom two hundred and forty 
 cubic feet of rock or vein material. (1, Ch. 
 22, L. '07; 4037, R. S. '13, in part, rev.) 
 
 2272. Locating and monumenting placer 
 claims; recording notice. The locator of a 
 placer mining claim shall locate his claim in 
 the following manner : By posting a location 
 notice thereon containing the name of the 
 claim, the name of the locator, the date of 
 location and the number of acres claimed; a 
 description of the claim with reference to 
 some natural object or permanent monument 
 that will identify the claim and by marking 
 the boundaries of his claim with a post or 
 monument of stones at each angle of the claim 
 located. When a post is used it must be at 
 least four inches in diameter by four feet six 
 inches in length, set one foot in the ground 
 and surrounded by a mound of stone or earth. 
 Where it is practically impossible on account 
 of a bed of rock or precipitous ground to sink 
 such posts, they may be placed in a pile of 
 stones. If it is impossible to erect and main- 
 tain a post or monument of stone at any angle 
 of such claim, a witness post or monument 
 
712 
 
 may be used, to be placed as near the true 
 corner as the nature of the ground will per- 
 mit. When a mound of stone is used, it must 
 be at least three feet in height and four feet in 
 diameter at the base. The locator shall, within 
 sixty days after the date of location, record a 
 copy of 'the location notice. ( 3242-3-4, R. 
 S. '01 ; 4038-9-40, R. S. '13, cons. & rev.) 
 
 2273. Affidavit of performance of an- 
 nual work; prima facie evidence. Within three 
 months after the expiration of the time fixed 
 for the performance of annual labor or the 
 making of improvements upon a mining claim, 
 the person on whose behalf such work or im- 
 provement was made, or some person for him 
 knowing the facts, may make and record an 
 affidavit, in substance as follows : 
 
 State of Arizona, county of ss: 
 
 , being duly sworn, 
 
 deposes and says that he is a citizen of the 
 United States and more than twenty-one years 
 
 of age, resides at , in 
 
 county, Arizona, is per- 
 sonally acquainted with the mining claim 
 known as mining claim, situ- 
 ated in mining district, Ari- 
 zona, the location notice of which is recorded 
 in the office of the county recorder of said 
 
 county, in book of records of mines, at 
 
 page That between the 
 
 day of , A. D , and the day 
 
 of , A. D , at least dollars 
 
 worth of work and improvements were done 
 and performed upon said claim, not including 
 the location work of said claim. Such work 
 and improvements were made by and at the 
 
 expense of , owners of said 
 
 claim, for the purpose of complying with the 
 laws of the United States pertaining to assess- 
 ment or annual work, and (here name the 
 miners or men who worked upon the claim in 
 doing the work) were the men employed by 
 said owner and who labored upon said claim, 
 did said work and improvements, the same be- 
 ing as follows, to-wit : (Here describe the work 
 done, and add signature and verification.) 
 
 Such affidavit when recorded, shall be 
 prima facie evidence of the performance of 
 such labor or improvements. ( 3240, R. S. 
 '01; 4035, 4037, in part, R. S. '13, rev.) 
 
 2274. One affidavit for group. When 
 two or more contiguous claims are owned by 
 the same person, and constitute a group, and 
 the annual work is done upon each of said 
 claims or upon one or more of the same for the 
 benefit of all, or wholly or partly outside of 
 such claims for the benefit of all, all such 
 claims may be included in a single affidavit. 
 (4036, R. S. '13.) 
 
 2275. Advertising delinquent co-owners; 
 effect as evidence. Whenever a co-owner shall 
 give to a delinquent co-owner the notice in 
 writing or notice by publication to contribute 
 his proportion of the expense of annual labor 
 as provided by the laws of the United States, 
 an affidavit of the person giving such notice, 
 stating the time, place, manner of service, and 
 by whom and upon whom such service was 
 made, shall be attached to a true copy of such 
 notice, and such notice and affidavit record- 
 ed. Ninety days after giving the notice; or, 
 if such notice is given by publication in a 
 newspaper, there shall be attached to a printed 
 copy of such notice an affidavit of the editor 
 or publisher of such paper, stating the date of 
 each insertion of such notice therein, and 
 when and where the newspaper was published 
 during that time, and such affidavit and no- 
 tice shall be recorded one hundred and eighty 
 days after the first publication. The original 
 of such notice and affidavits, or the records 
 thereof, shall be prima facie evidence that the 
 said delinquent has failed or refused to con- 
 tribute his proportion of the expenditure, and 
 of the service or publication of said notice ; 
 unless the writing or affidavit provided for in 
 the following section is of record. ( 3245, 
 mod., 3246, R. S. '01 ; 4042-3, R. S. '13, cons. 
 & rev.) 
 
 2276. Contribution by delinquent co- 
 owner; acknowledgment. If such delinquent 
 shall, within the time required by the laws of 
 the United States, contribute his proportion 
 of such expenditures, such co-owner shall sign 
 and deliver to the delinquent, a writing sta- 
 ing that the delinquent by name, has, within 
 the time required contributed his share for 
 the year upon the claim, and further stating 
 therein the district, county and state wherein 
 the claim is situate, and the book and page 
 where the location notice is recorded. Such 
 writing shall be recorded. If such co-owner 
 fail to sign and deliver such writing to the de- 
 linquent within twenty days after such con- 
 tribution, he shall be liable to the delinquent 
 for a penalty of one hundred dollars, and the 
 delinquent, with two disinterested persons 
 having personal knowledge of said contribu- 
 tion, may make an affidavit, setting forth the 
 manner, amount, to whom and upon what 
 mine such contribution was made. Such affi- 
 davit may be recorded, and shall be prima 
 facie evidence of such contribution. ( 
 3247-8, R. S. '01 ; 4044-5, R. S. '13, cons. & 
 rev.) 
 
 2277. Sufficiency of description of min- 
 ing claims. In all actions, judgments, grants 
 or conveyances it shall be a sufficient descrip- 
 tion of a mining claim if the name of the 
 
713 
 
 tim, the district, county and state where it is 
 uate, and the book and page where the loca- 
 >n notice thereof is recorded can be intelli- 
 ntly learned' therefrom. ( 3249, R. S. '01 ; 
 46, R. S. '13, rev.) 
 
 rticle 2. Mine inspector and operation of 
 
 mines. 
 
 2278. Qualifications of mine inspector ; 
 ities; deputies; salary. The state mine in- 
 ector shall have been a resident of this state 
 
 least two years prior to his election, not 
 ider thirty years of age, and shall have been 
 actically engaged in, and acquainted with, 
 ines and mining in this state, and shall have 
 
 least seven years' experience in under- 
 ound mining. No person may be an inspec- 
 r or deputy inspector while an employee, 
 rector, or officer, of any mining, milling, or 
 nelting company. The inspector, and each 
 >puty, shall devote his entire time to the du- 
 es of his office. The inspector shall receive, 
 addition to his salary, his necessary travel- 
 ,g expenses when traveling in the discharge 
 ' official duties. He shall give bond to the 
 ate in the sum of five thousand dollars. 
 H 3, 5, Ch. 33, L. '12 ; 4055, 4057, R. S. '13, 
 >ns. & rev.) 
 
 2279. Deputy inspectors; qualifications; 
 )mpensation; seal. The state mine inspector 
 mil appoint three deputies having the same 
 aalifications as the mine inspector. They 
 mil receive a salary of twenty-four hundred 
 allars per annum, each, and their necessary 
 aveling expenses and give bond to the state 
 i the sum of twenty-five hundred dollars, 
 he mine inspector shall have a seal bearing 
 le words: "Mine Inspector, State of Ari- 
 >na, " which shall be affixed to official docu- 
 ,ents. ( 6-7, 9, Ch. 33, L. '12; 4059, am., 
 h. 54, L. '19 ; 4058-9, 4061, R. S. '13, cons. 
 
 rev.) 
 
 2280. Reports to be kept secret, dismissal 
 or violation. No inspector, deputy or em- 
 loyee shall make a report on any mine or 
 lining property or prospect, except an of- 
 icial report to his superior officer, or to the 
 overnor; nor shall he make public or reveal 
 3 any other person knowledge or information 
 btained by him i the exercise of his official 
 uties concerning ore, ore bodies, or values, of 
 ny mine or part thereof. An inspector or 
 eputy violating this section shall be dismissed 
 rom office. ( 8, Ch. 33, L. '12; 4060, R. S. 
 13, rev.) 
 
 2281. Inspection of mines; powers of in- 
 pector. The mine inspector shall visit, at 
 ?ast once every three months, every mine in 
 his state employing fifty or more men under- 
 round, and every other working mine em- 
 
 ploying six or more men, at least once every 
 year, and shall inspect and examine into the 
 operation, conditions, safety appliances, ma- 
 shinery, sanitation and ventilation therein, the 
 means of ingress and egress, and the means 
 taken to protect the lives, health and the safe- 
 ty of the miners, the cause of accidents and 
 deaths therein, and inspect and ascertain the 
 means taken to comply with this chapter. The 
 inspector may at all hours enter and examine 
 any part of any mine, visit, investigate, and 
 examine any plant or equipment connected 
 therewith, or any part of the workings there- 
 of. All operators and their employees shall 
 assist the inspector to make such examination. 
 ( 10, Ch. 33, L. '12; 4062, R. S. '13, rev.) 
 
 2282. Notification to inspector of begin- 
 ning or suspension of operations; penalty for 
 failure. Whenever mining operations are ini- 
 tiated in any mine or mining property coming 
 under the jurisdiction of the inspector, and 
 such mining property not theretofore being in 
 continuous operation, employing six or more 
 employees ; or, whenever the operations there- 
 in are suspended, the operator of such mine 
 or mining property within ten days after the 
 initiation, commencement or suspension of 
 such operations, shall notify the inspector in 
 writing, at his office of such initiation or sus- 
 pension of work. An operator violating this 
 section shall be guilty of a misdemeanor and 
 fined not less than fifty nor more than three 
 hundred dollars. (Ch. 73, L. '21, rev.) 
 
 2283. Notice of dangerous condition; op- 
 erators to comply with requirements; mine to 
 be closed upon failure. If upon inspection it 
 shall appear to the mine inspector that a mine 
 is, from any cause, in a dangerous condition 
 or fails to comply with the requirements of 
 law, he shall at once serve written notice on 
 the operator or his agent in charge, stating in 
 detail why said mine is dangerous, insecure, 
 or not in compliance with the law, and what 
 necessary changes should be made, and specify 
 a reasonable time within which to make the 
 same. The operator shall forthwith make such 
 change and comply with said notice. In any 
 action against a party so notified, for loss of 
 life or bodily injuries sustained by an em- 
 ployee subsequent to such notice and in conse- 
 quence of said dangerous condition, a certified 
 copy of the notice served by the inspector 
 shall be prima facie evidence of the negli- 
 gence of said party. 
 
 If it appears from a re-examination that 
 such changes or compliances have not been 
 made within the time specified in such notice, 
 and that the mine is still in a condition dan- 
 gerous to life or health, and in the opinion of 
 the inspector it is necessary for the safety of 
 
714 
 
 the life or health of the employees that the 
 same be vacated, the inspector shall forthwith 
 order the cessation of the operation and work- 
 ing of said mine or part thereof, and order 
 that the employees shall not be permitted 
 therein except to remedy the defects com- 
 plained of, until this chapter is complied with 
 to the satisfaction of the inspector. The oper- 
 ator of said mine shall forthwith obey said 
 order. ( 11, Ch. 33, L. '12; 4063, R. S. '13, 
 rev.) 
 
 2284. Complaint of dangerous condition; 
 inspection. Whenever the inspector receives 
 a complaint in writing signed by a person em- 
 ployed in a mine, setting forth that the mine 
 or part thereof in which he is working is being 
 operated contrary to law, or is dangerous in 
 any respect to the health or lives of those em- 
 ployed therein, and when such danger was 
 first observed, the inspector shall examine 
 such mine as soon as possible. The name of 
 the person making such complaint shall not 
 be disclosed by the inspector, unless permis- 
 sion be expressly granted by such person. The 
 complaint shall be indexed and filed by the 
 inspector. ( 12, Ch. 33, L. '12; 4064, R. S. 
 '13, rev.) 
 
 2285. Accidents to be reported to inspec- 
 tor; investigation. Whenever loss of life or 
 serious accident shall occur in any mine the 
 operator shall give immediate notice thereof, 
 and report the facts in writing to the mine in- 
 spector. The refusal or failure to so report 
 shall be a misdemeanor. The inspector, upon 
 receipt of notice of such accident, shall in- 
 vestigate the same and make a report to be 
 filed in his office. In case of loss of life the 
 inspector shall appear at the coroner's inquest 
 held respecting such accident, and may ex- 
 amine the witnesses. If the inspector consid- 
 ers the facts warrant it he shall cause a copy 
 of the report, or a copy of the testimony, to- 
 gether with the verdict of the coroner's jury, 
 and all papers in his hands relating thereto, to 
 be forwarded to the attorney for the county in 
 which the accident or loss of life occurred, 
 together with an accompanying statement of 
 the inspector, showing in what particular he 
 believes the law to have been violated. ( 13, 
 Ch. 33, L. '12; 4065, R. S. '13, rev.) 
 
 2286. Record of inspections. After every 
 inspection the inspector shall enter forthwith 
 in a book to be kept at the mine and desig- 
 nated as the "Record of Inspection", the por- 
 tion of the mine so inspected, the nature of 
 such inspection, and every dangerous defect 
 observed in the state and conditions of the 
 mine, machinery, and appliances ; but nothing 
 contained in or omitted from such entrv shall 
 
 limit or affect the duty and obligation of the 
 owner or operator of such mine under this 
 chapter. Such record shall be open at all 
 reasonable times to the examination of the 
 inspector and of any miner. ( 15, Ch. 33, L. 
 '12; 4067, R. S. '13. rev.) 
 
 2287. Annual report to governor by in- 
 spector. The mine inspector on the thirty- 
 first day of December in each year shall make 
 and file Avith the governor a report giving a 
 statistical summary and report of the work 
 during the year ending November thirtieth. 
 Such report shall contain a statement showing 
 the number of men employed in each mine in 
 the state, and separately, the number of men 
 employed above ground and under ground, 
 the number and nature of fatal and serious 
 accidents occurring in each mine, the number 
 of inspections made, complaints filed, inquests 
 attended, mines or mine workings ordered to 
 be vacated, violations found, and other in- 
 formation deemed important, together with 
 necessary or desirable recommendations. Cop- 
 ies of such reports shall be published and dis- 
 tributed at the expense of the state. ( 16, 
 Ch. 33, L. '12; 4068, R. S. '13, rev.) 
 
 2288. First aid appliances and corps. 
 The operator or person in charge of a mine, 
 where ten or more men are employed, shall 
 keep at the mouth of the tunnel, shaft, ov 
 stope, or at such other place about the mine as 
 may be designated by the mine inspector, a 
 stretcher and a woolen water-proof blanket, 
 in good condition, for use in carrying any 
 person who may be injured at the mine; 
 where more than one hundred persons are 
 employed, two or more of same shall be kept. 
 At all mines a supply of first aid remedies 
 shall be kept readily accessible. In mines 
 where three hundred or more men are em- 
 ployed, a first aid corps must be organized, 
 consisting of the foreman, shift bosses, time- 
 keepers, and other employees, designated by 
 the operator or superintendent, and the serv- 
 ices of a competent surgeon and physician 
 shall be procured to instruct the members not 
 less than once in each calendar month, in the 
 proper handling and treatment of injured 
 persons before the arrival of a physician. ( 
 17, Ch. 33, L. '12; 4069, R. S. '13, rev.) 
 
 2289. Maps of under ground workings 
 When ordered by the mine inspector, the oper- 
 ator of every mine, employing ten or more 
 men under ground, shall make and maintain 
 a reasonably accurate map of the workings of 
 such mine. At least once in every six months, 
 or oftener, if necessary, the operator shall 
 make alterations on, or additions to, the map 
 showing all excavations made since last shown 
 
715 
 
 on said map. All parts of said mine, which 
 were worked or abandoned shall be clearly in- 
 dicated, and all under ground workings shall 
 be surveyed and mapped before they are al- 
 lowed to become inaccessible. Such maps 
 shall, at all times, be open to the examination 
 of the mine inspector. ( 18, Ch. 33, L. '12; 
 4070, R. S. '13, rev.) 
 
 2290. Explosives, care, record and use of. 
 Explosives must be stored in a magazine used 
 for that- purpose only, to be placed far enough 
 from the working shaft, tunnel, or incline to 
 insure their remaining intact if the entire 
 stock explode. Explosives shall not be stored 
 in underground workings where men are em- 
 ployed ; explosives in excess of the amount re- 
 quired for twenty-four hours' work shall be 
 kept in the magazine and such temporary sup- 
 ply shall not be kept at any place where its 
 accidental discharge would cut off the escape 
 of miners. The operator shall provide a suit- 
 able device for thawing or warming powder 
 and keeping the same in condition for use, and 
 no powder shall be thawed except in such de- 
 vice ; oils or other combustible substances or 
 blasting caps shall not be kept or stored in 
 the same magazine with explosives. All nitro- 
 glycerine, nitro or blasting powder, or other 
 high explosives sold in the state shall be prop- 
 erly marked with the date of manufacture on 
 each stick of powder, and no nitro-glycerine, 
 nitro or blasting powder, or other high ex- 
 plosives shall be sold or used after twelve 
 months from the date of manufacture. The 
 mine inspector may regulate and limit the 
 amount of blasting or nitro powder or other 
 high explosives stored or kept in general sup- 
 ply stores in mining camps or mining towns 
 where there is no law governing the storage 
 of same. 
 
 No person shall, whether working for him- 
 self or in the employ of another, while loading 
 or charging a hole with any blasting powder 
 or other high explosives, use or employ any 
 steel or iron tamping bar ; nor shall any per- 
 son allow or permit the use of such steel, iron, 
 or other metal tamping bar while loading or 
 charging a hole by employees under his man- 
 agement or direction. 
 
 Every person manufacturing, storing, sell- 
 ing, transferring, or in any manner disposing 
 of any powder or other high explosives, shall 
 keep in a book for that purpose an accurate 
 record of all transactions, with the date there- 
 of, relating to the receiving and disposing of 
 the same, showing the amount of each such 
 explosive received, of whom received, when 
 received, disposition made of such explosive, 
 with the amount thereof, and the name of the 
 
 person to whom delivery was made, who shall 
 be required to receipt therefor. Such record 
 shall at all times be open to the inspection of 
 the mine inspector, or any peace officer. 
 
 Before firing charges, warning must be 
 given in every direction from w r hich access 
 may be had to the place where blasting is go- 
 ing on, and mis-fire holes shall be reported to 
 the mine foreman, or the shift boss, in charge 
 at the locality of such holes. If the shots are 
 fired by electricity, the place must be care- 
 fully examined before men are permuted to 
 work therein. The person in charge shall 
 further instruct those employed in clearing 
 away the loose rock, to report to him immedi- 
 ately the finding of any wires in or under 
 the loose rock, and if discovered, he shall at 
 once order the work to cease until the wires 
 have been carefully traced to their terminals 
 in order to determine whether a mis-fire has 
 occurred. ( 19, Ch. 33, L. '12; 4071, R. S. 
 '13, rev.) 
 
 2291. Fire protection of one exit mines. 
 All mines having but one exit covered with a 
 building containing the mechanical plant, 
 furnace room or blacksmith shop, shall have 
 fire protection, water if possible, and if water 
 is not available, chemical fire extinguishers 
 or hand grenades in convenient places for im- 
 mediate use. ( 20, Ch. 33, L. '12 ; 4072, R. S. 
 '13, rev.) 
 
 Bancroft Librag 
 
 2292. Escapement shafts. Every person 
 having in a mine a vertical or incline shaft to 
 a greater depth than one hundred feet, and 
 who has drifted a distance of two hundred 
 feet or more, and commenced to stope, shall 
 provide and maintain to the hoisting shaft or 
 the opening through which men are let into or 
 out of the mine and the ore is extracted, a 
 separate escapement shaft, raise, or opening, 
 or an under ground opening or communica- 
 tion with some other contiguous mine ; if such 
 contiguous mine belongs to a different person, 
 the right to use the outlet through such con- 
 tiguous mine, in all cases when necessary, or 
 in case of accident, must be secured and kept 
 in force. Where such an escapement shaft or 
 opening shall not be in existence at the time 
 that stoping is commenced, work upon such an 
 escapement shaft, or opening, must be com- 
 menced as soon as stoping begins and be dili- 
 gently prosecuted until completed, and said 
 escapement shaft, raise, or opening shall be 
 continued to and connected with the lowest 
 workings in the mine. The escapement shaft 
 or exit, must be of sufficient size to afford an 
 easy passageway ,*and if it be a raise, or shaft, 
 must be provided with substantial ladders 
 from the deepest workings to the suface. 
 
716 
 
 Whenever the exit or outlet is not in a direct 
 or continuous course, signboards plainly 
 marked showing the direction to be taken must 
 be placed at each departure from the con- 
 tinuous course. (21, Ch. 33, L. '12; 4073, 
 R. S. '13, rev.) 
 
 2293. Hoists ; equipment and operation. 
 
 No person addicted to the use of intoxicating 
 liquors or drugs, or under eighteen years of 
 age, shall be employed as a hoisting engineer. 
 All power hoisting machinery used in hoisting 
 from or lowering employees and materials in- 
 to mines, except prospect shafts not exceeding 
 three hundred feet in depth, shall be equipped 
 with an indicator, placed near and in clear 
 view or hearing of the engineer. This in- 
 dicator must be in addition to marks on the 
 rope, or cable or drum. It shall be unlawful 
 to hoist men out of, or lower men into, a mine 
 at a speed greater than fifteen hundred feet 
 per minute ; provided, however, the state mine 
 inspector or his deputies may designate a les- 
 ser speed than fifteen hundred feet per min- 
 ute, in any shaft, if in his discretion this speed 
 may be unsafe. 
 
 All hoisting machinery shall be inspected 
 once in every twenty-four hours by a com- 
 petent person appointed by the mine operator 
 for that purpose, and every such inspector 
 shall immediately report in writing to said 
 operator any and all defects found. All ropes 
 or cables used for hoisting purposes shall be 
 of approved quality and manufacture ; and in 
 shafts and winzes of over two hundred feet 
 in depth wire ropes or cables only shall be 
 used for hoisting purposes. All head frames 
 where men are hoisted at a speed of over two 
 hundred and fifty feet per minute and where 
 more than twenty-five men are employed, 
 shall be so constructed as to allow at least 
 twenty-five feet above the hoist landing stage, 
 in which the cage, skip, or bucket can travel 
 freely in case of an overwind. 
 
 It shall be unlawful for the operator of any 
 mine to permit the hoisting or lowering of 
 men in any shaft deeper than three hundred 
 feet, excepting shafts in process of sinking, 
 unless an iron-bonneted safety cage equipped 
 with gates at least five feet in height, be used 
 for the hoisting and lowering of such men. 
 Every cage shall have over-head bars of such 
 arrangement as to give every man on the cage 
 an easy and secure handhold, and every cage 
 or skip used for hoisting men shall be pro- 
 vided with a safety catch of sufficient 
 strength to hold the cage or skip with its max- 
 imum load at any point in the shaft in the 
 event that the hoisting cable should break. 
 The inspector shall see that all cages and 
 
 skips are equipped as herein required, and 
 that on all cages the safety catches are kept 
 well oiled and in good working condition. In 
 any shaft of less than three hundred feet 
 deep, where no safety cage is used, and where 
 cross-heads are used, platforms for employees 
 to ride upon, equipped with safety catches as 
 required herein for cages and skips, shall be 
 provided. 
 
 All vertical shafts more than two hundred 
 feet deep from which hoisting is done by 
 means of a bucket, must be provided with 
 suitable guides, and in connection with the 
 bucket there must be a cross-head traveling 
 upon the guides. The height of the cross-head 
 shall be at least one and one-half times its 
 width. If the cross-head be a type that is not 
 secured to the hoisting rope, a stopper of de- 
 sign to be approved by the mine inspector 
 must be securely and rigidly fastened to the 
 hoisting-rope at a suitable point above the rim 
 of the bucket. The number of persons per- 
 mitted to ride on the deck of a cage, or in or 
 on a skip or bucket, shall be determined by 
 the mine inspector, and no more than that 
 number shall be allowed to ride. No person 
 shall ride upon a cage, nor in nor on a skip, 
 or bucket, when the same is loaded with rock 
 or ore, nor when loaded with tools, timber, 
 powder, or other material, except for the pur- 
 pose of assisting in passing these through the 
 shaft. 
 
 When tools, timber, or other materials are 
 to be loaded or hoisted in the shaft, the ends, 
 if projecting above the top of the bucket, 
 skip, or other vehicle, shall be securely fast- 
 ened to the hoisting rope or to the upper part 
 of the vehicle, and tools, timber, or other ma- 
 terial loaded erectly upon a cage must be se- 
 curely lashed before being hoisted or carried. 
 No cage, skip, bucket, or other vehicle, shall 
 be lowered directly to the bottom of the shaft, 
 fifty feet or more in depth, where men are 
 working, but must be stopped at least fifteen 
 feet above the bottom until the signal to lower 
 further has been given by one of the men at 
 the bottom of the shaft. 
 
 Persons engaged in deepening a shaft in 
 which regular hoisting from an upper level 
 is going on shall be protected from the dan- 
 ger of falling material by a suitable covering, 
 sufficient opening in such covering being left 
 only for the passage of the bucket or convey- 
 ance used in the sinking operations. In shafts, 
 winzes or raises, where two or more crews of 
 men are working, one crew above another, 
 there shall be a bulkhead between each two 
 crews of men, strong enough to stop any tools 
 or other material that may fall from the men 
 
717 
 
 working above, and only the cage, skip, or 
 bucket compartments shall be left open. All 
 shafts or winzes shall have a bulkhead over 
 the men working in the bottom of the shaft 
 or winze, built of timber not less than six 
 inches in thickness, not more than fifty feet 
 above the bottom of said shaft or winze, pro- 
 viding ample protection for the men working 
 in the bottom of said shaft or winze, and so 
 constructed as not to shut off the air circula- 
 tion; the cage, skip, or bucket compartment 
 only to be left open. All shafts or winzes 
 shall be cleaned down below the bulkhead af- 
 ter each blasting. Windlasses and winzes in 
 mines shall be provided with a suitable plug 
 or some other reliable device to- prevent run- 
 ning back of the bucket or other conveyance. 
 No open hook shall be used with a bucket in 
 hoisting, but only some approved form of 
 safety hook or shackle hook. 
 
 A release signal of one bell to the hoisting 
 engineer shall be given to release the cage, 
 skip, or bucket after it has been stopped at 
 any station. At any mine where men are 
 hoisted by mechanical means, a hoistman 
 charged with the hoisting thereof shall be 
 kept on duty at the hoist at all times when 
 men are underground. (Ch. 27, L. '31.) 
 
 2294. Outlets; shafts; winzes and ladder- 
 ways. Every mine shall have at least two out- 
 lets to the surface, except as hereinbefore pro- 
 vided. Such outlets must not lead to the sur- 
 face in one and the same house, and must not 
 at any point be nearer to one another than 
 thirty feet. In the event that two outlets of 
 any mine, or part of them, do not belong to 
 the same mine, the owners and operators of 
 the respective mines shall be responsible for 
 the outlet, or part of it, in their respective 
 mines, being kept in proper repair; and 
 should any obstruction arise in any such out- 
 let, or anything occur in one of the mines to 
 jeopardize the safety of the outlet, the occur- 
 rence shall be immediately reported to the 
 owner or person in charge of the other mine. 
 If either of the two outlets or part of them, be 
 situated in an abandoned mine the operators 
 of the working mine shall be jointly and sev- 
 erally responsible for the proper maintenance 
 and repair of such outlet. 
 
 At every mine where a single shaft be al- 
 lowed to afford the only means of ingress and 
 egress to the persons employed under ground, 
 such shaft, if more than two hundred feet 
 deep, shall be divided into at least two com- 
 partments, and one of the compartments shall 
 be set aside for a ladder-way, which must *be 
 equipped as hereinafter provided. Whenever 
 such a single shaft be covered by -a building 
 
 not absolutely fireproof, the ladder-way shall 
 be securely bulkheaded at a point at least 
 twenty-five feet below the collar of the shaft, 
 and below this bulkhead, if the shaft is situ- 
 ated upon a side hill, a drift shall be driven to 
 the surface ; if the shaft be situated in a level 
 country, this drift shall be driven to a safe 
 distance beyond the walls of the building, but 
 in no case less than thirty feet, and from there 
 a raise shall be made to the surface. This 
 raise shall be equipped with a ladder-way, and 
 it, together with the drift connecting with the 
 main shaft, shall be kept in good repair and 
 shall afford a safe escape in the event of fire. 
 
 No structure shall be erected over an out- 
 let of a mine, except the head-frame, necessary 
 for hoisting from a shaft and the hatch or 
 door necessary for hoisting from a shaft and 
 the hatch or door required to protect, from in- 
 clemency of the weather, men obliged to work 
 at the top of a shaft. If for the latter pur- 
 pose a house be required, the mine inspector 
 may, in writing, grant permission for its con- 
 struction, but such a house must be as small as 
 possible, constructed of uninflamable ma- 
 terial, and the storage of any inflammable 
 material inside of it, or within thirty feet of 
 it, is prohibited. 
 
 Every adit of which the mouth is covered 
 by a house or building of any kind shall be 
 provided with a fireproof door, near the 
 mouth of the adit, that can be closed from the 
 outside of the building by means of a pull 
 wire or cable, so as to keep the gases of com- 
 bustion from entering the mine in the event 
 that fire destroys the building at the mouth 
 of the adit. 
 
 Every shaft, winze, raise, or incline, of 
 steeper slope than forty degrees from the 
 horizontal and deeper than forty feet, through 
 which men are obliged to travel, shall be pro 
 vided with a ladder-way. Suitable ladders, 
 or footways, shall be provided to connect 
 floors of sets in stopes, and other places re- 
 quiring communication in a mine. Every 
 shaft shall have, in addition to any mechani- 
 cal means of ingress and egress, at least one 
 ladder or footway communicating from the 
 lowest workings of the mine to the surface. 
 
 Permanent ladder-ways shall be strong and 
 shall be firmly fastened and kept in good re- 
 pair. In a vertical shaft the mine inspector 
 may, in his discretion, by an order in writing, 
 direct that the ladder shall be inclined at the 
 most convenient angle which the space where 
 the ladder is fixed allows, and every such lad- 
 der shall have substantial platforms at inter- 
 vals of not more than twenty feet. The plat- 
 form shall be closely covered, with the excep- 
 
7.18 
 
 tion of an opening large enough to permit 
 the passage of a man and shall be so arranged 
 that a person cannot fall from one ladder 
 through the opening to the next ladder. Lad- 
 der-ways shall be provided in shafts in the 
 course of sinking to within such distance from 
 the bottom as will secure them from damage 
 by blasting, from the end of such ladder-ways, 
 portable ladders shall be extended to the bot- 
 tom of the shaft. 
 
 All stations or levels shall have a passage- 
 way around the working shaft so that crossing 
 over the hoisting compartments may be 
 avoided. All sumps shall be securely planked 
 over. At shaft stations a gate or a guard rail 
 must be provided and kept in place across the 
 shaft, except when cage, skip, or bucket is 
 being loaded, but may be temporarily removed 
 for repairs or other operations, if proper pre- 
 caution to prevent danger to persons is taken. 
 The top of the shaft shall be protected by a 
 substantial gate, guard rail, or chain. 
 
 Winzes or raises shall not be started in the 
 direct line of a drift, but shall be offset from 
 the drift, and if opening from below directly 
 on any drift or tunnel, traveled by men, shall 
 be covered with a grizzly or by doors. The 
 opening of offset winzes shall be protected 
 by a fence or guard rail not less than three 
 feet or more than four feet in height above the 
 level of the drift. Winzes, sumps, and all 
 other openings in the floor of a drift or stope 
 must be kept covered by a substantial hatch, 
 or planking, or provided with guard rails. 
 ( 23, Ch. 33, L. '12; 4075, R. S. '13, rev.) 
 
 2295. Ventilation. Pure air shall be 
 made to circulate through and into the shafts, 
 winzes, levels, and other working places of 
 every mine, in such quantity as will maintain 
 them in a fit state for working and passing 
 therein. In dry places where the operation of 
 a power drill will produce dust, all power 
 drills used therein shall be equipped with a 
 spraying device, and an adequate spraying 
 system shall be installed and used to settle all 
 dust or gasses created. The total quantity of 
 carbon dioxide present in the air shall not ex- 
 ceed twenty-five one-hundreds per cent by vol- 
 ume, except where firing of explosives has 
 been done a higher percentage is permissable 
 for a reasonable length of time after the last 
 explosion, and the operator shall provide res- 
 pirators whenever needed. Waste timber in 
 under-ground workings shall not be piled up 
 and permitted to decay, but shall be removed 
 as soon as practicable. ( 24, Ch. 33, L. '12; 
 4076, R. S. '13, rev.) 
 
 2296. Lights; trolley wires. Stationary 
 lights, deemed sufficient by the mine inspec- 
 
 tor, shall be provided during working hours 
 at all stations in shafts during the time 
 while in actual use; and at stations in levels 
 where hoisting or hauling is effected by 
 means of machinery; and at night at all 
 working places on the surface. No candles 
 shall be left burning in a mine when 
 the person using the candle departs from 
 his work for the day. Electric trolley 
 wires shall be at least seven feet above 
 the floor. ( 25, 35, Ch. 33, L. '12; 4077, 
 4087, R. S. '13, cons. & rev.) 
 
 2297. Precautions against flooding. 
 When advancing a drift, adit, level, or incline 
 toward a mine working that is thought to be 
 filled with water, a bore hole must be kept at 
 least twenty feet in advance of the breast of 
 the drive ; and also if necessary in directions 
 laterally from the course of the drive. Such 
 a working place must not exceed six feet in 
 width and such further measures shall be 
 taken as may be deemed necessary by the 
 mine inspector to obviate the danger of a sud- 
 den breaking through of water. No raise shall 
 be allowed to approach within ten feet of any 
 portion of a winze, or a stope, in which there 
 is a dangerous accumulation of water, unless 
 such winze or stope be first unwatered by 
 bailing or pumping, or by means of a bore 
 from the raise. Where in the opinion of the 
 mine inspector, there is a danger of a sudden 
 inrush of water, such additional raises, drifts, 
 or other workings shall be constructed as are 
 necessary to insure the escape of workmen 
 from the lower workings. Places for the 
 storage of water in mines, shall be so con- 
 structed as to prevent leakage, as far as pos- 
 sible, and insure the safety of the men work- 
 ing below the same. 
 
 It shall be unlawful for any operator to im- 
 pound water or to keep water impounded 
 within any mine in which men are working 
 below the water so impounded, in such man- 
 ner as to endanger the safety of such men, 
 unless said water be impounded by a dam, or 
 wall approved by the mine inspector. ( 26. 
 Ch. 33, L. '12; 4078, R. S. '13, rev.) 
 
 2298. Interfering with equipment for- 
 bidden. No person shall knowingly injure or 
 destroy any equipment or machinery of a 
 mine ; nor, unless authorized so to do, obstruct 
 or open an airway, handle or disturb any part 
 of the machinery of the hoisting engine of the 
 mine, open the door of a mine and neglect to 
 close it, endanger the mine or those working 
 therein, disobey a lawful order, or do a wilful 
 act whereby the lives or health of persons 
 working in such mines, or the security of a 
 mine, or the machinery connected therewith, 
 
719 
 
 may be endangered. (31, Ch. 33, L. '12; 
 4083, R. S. '13, rev.) 
 
 2299. Danger signals; visitors. Notices 
 shall be placed at the entrance to any working 
 place deemed dangerous, and at the entrance 
 to old or abandoned workings; and no person 
 other than those authorized by the operator, 
 manager, or superintendent, shall remove or 
 go beyond any caution-board or danger signal 
 so placed. Visitors shall not be allowed under- 
 ground unless accompanied by the owner or 
 his agent for that purpose. ( 32, Ch. 33, L. 
 '12; 4084, R. S. '13, rev.) 
 
 2300. Fire equipment and training of 
 fire crew. At any mine employing twenty- 
 five or more men underground, the operator 
 shall provide, and keep in a readily accessible 
 place, at least two fire fighting helmets in 
 condition to be used in case of emergency, and 
 provide training for a crew in the use of said 
 helmets; tests of the helmets by the actual 
 use thereof by such crew shall be made at 
 least monthly. (33, Ch. 33, L. '12; 4085, 
 R. S. '13, rev.) 
 
 2301. Signalling apparatus. Every shaft 
 and each compartment thereof used for hoist- 
 ing, if exceeding fifty feet in depth, and not 
 exempted in writing by the mine inspector, 
 shall be provided with an efficient means of 
 interchanging distinct and definite signals 
 between the top of the shaft and the lowest 
 level from which hoisting is being done, and 
 the various intermediate levels for the time 
 being in use. The signalling appartus shall 
 be either wire or cable actuating a bell, or 
 whistle, or a speaking tube, or a telephone, or 
 an electric system, or two or more of these. 
 In mines where a station tender is employed 
 no person shall ring any signal bell except 
 the station tender, except in case of danger, or 
 when the main shaft is being sunk. ( 34, 
 Ch. 33, L. '12; 4086, R. S. '13, rev.) 
 
 2302. Signal Code. The following signal 
 code shall be used in all mines: 1 bell, stop 
 immediately if in motion; 1 bell, hoist muck; 
 1 bell, release cage, skip, or bucket; 2 bells, 
 lower ; 3-1 bells, hoist men ; 3-2 bells, lower 
 men, if bells rung slowly move slowly ; 4 bells, 
 steam on or off; 5 bells, blasting or ready to 
 shoot. This is a caution signal and if the en- 
 gineer is prepared to accept it he must ack- 
 nowledge by raising bucket or cage a few feet 
 then lowering it again. After accepting this 
 signal engineer must be prepared to hoist 
 men away from blast as soon as signal "1 
 bell ' ' is given and must accept no other signal 
 in' the meantime. 6 bells, air on or off ; 7 
 bells, danger signal, followed by station signal 
 
 calls cage to that station. This signal takes 
 precedence over all others except an accepted 
 blasting signal. 
 
 STATION SIGNALS 
 1-2 bells, collar of shaft 
 1-3 bells, 1st level 
 1-4 bells, 2nd level 
 1-5 bells, 3 level 
 2-1 bells, 4th level 
 2-2 bells, 5th level 
 2-3 bells, 6th level 
 2-4 bells, 7th level 
 2-5 bells, 8th level 
 4-1 bells, 9th level 
 4-2 bells, 10th level 
 4-3 bells, llth level 
 4-4 bells, 12th level 
 4-5 bells, 13th level 
 5-1 bells, 14th level 
 5-2 bells, 15th level 
 5-3 bells, 16th level 
 5-4 bells, 17th level 
 5-5 bells, 18th level 
 6-1 bells, 19th level 
 21-2 bells, 20th level 
 21-3 bells, 21st level 
 21-4 bells, 22nd level 
 21-5 bells, 23rd level 
 22-1 bells, 24th level 
 22-2 bells, 25th level 
 22-3 bells, 26th level 
 22-4 bells, 27th level 
 22-5 bells, 28th level 
 24-1 bells, 29th level 
 24-2 bells, 30th level 
 2^-3 bells, 31st level 
 24-4 bells, 32nd level 
 2 4-5 bells, 33rd level 
 25-1 bells, 34th level 
 25-2 bells, 35th level 
 25-3 bells, 36th level 
 25-4 bells, 37th level 
 25-5 bells, 38th level 
 26-1 bells, 39th level 
 
 Station signal must be given before hoisting 
 or lowering signal. The engineer shall not 
 move a cage, skip, or bucket unless he under- 
 stands the signal. One copy of this signal 
 code shall be posted on the gallows frame, one 
 at each station and one before the engineer. 
 Special signals may be used provided they are 
 easily distinguished by their sound, or other- 
 wise, from the foregoing code, and do not in- 
 terfere with it in any way. (Ch. 27, L. '31.) 
 
 2303. Copy of law to be kept posted. The 
 operator or person in charge of every mine 
 within the provisions of this article shall keep 
 at all times in the office of said mine and in 
 the timekeeper's office thereof, in an accessi- 
 
720 
 
 ble place and subject to inspection by all 
 workmen and persons interested in the same, 
 at least one printed copy of this article. ( 
 38, Ch. 33, L. 12; 4090, R. S. '13, rev.) 
 
 2304. Violations; penalty. Any person 
 violating a provision of this article where no 
 other penalty is expressly provided, shall be 
 guilty of a misdemeanor. (39, Ch. 33, L. 
 '12; 4091, R. S. '13, rev.) 
 
 2305. Common system of drainage; con- 
 tribution of cost. Whenever adjacent or con- 
 tiguous mines, opened, developed and worked 
 upon the same or upon separate lodes have a 
 common ingress of water ; or, by reason of 
 subterranean communication of water have a 
 common drainage, the operators of said mines 
 shall provide for their proportionate share of 
 such drainage, or to prevent the water in such 
 mine from flowing in or upon neighboring 
 mines. Tf an operator of any such mines shall 
 fail or neglect to provide for the drainage 
 thereof, and by reason of such failure or ne- 
 glect, the operator of an adjacent or contigu- 
 ous mine is compelled to pump or drain or 
 otherwise provide for the water flowing in 
 from such first mentioned mine, the operator 
 of the mine so in default, shall be liable for 
 his proportion of the actual and necessary 
 cost and expense of pumping, draining or 
 otherwise providing for said water. ( 
 3252-3, R. S. '01; 4047-8, R. S. '13, cons. & 
 rev. ) 
 
 2306. Order for inspection. When an 
 action is commenced to recover the costs and 
 
 expenses for draining a lode or mine, the 
 court shall grant an order allowing the plain- 
 tiff to inspect the lodes or mines claimed to 
 have been drained, upon application and affi- 
 davit that such inspection is necessary for a 
 proper preparation of the case for trial. Such 
 order shall designate the number of persons, 
 not exceeding three, besides the plaintiff, to 
 make the examination and they may cause the 
 removal of any rock, debris, or any other ob- 
 stacle in any lode or vein when such removal 
 is shown to be necessary to a just determina- 
 tion. ( 3256, R. S. '01 ; 4051, R. S. '13, rev.) 
 
 2307. Terms defined; extent of applica- 
 tion. This article shall apply to all mines in 
 the state, and as herein used the term "mine" 
 shall include all parts of a mine and any min- 
 ing plant or equipment connected therewith, 
 underground or on the surface, which con- 
 tributes, or may contribute, to the mining or 
 handling of ore, coal, or other metalliferous 
 or non-metalliferous mineral product ; the 
 term "operator" shall mean the person, as- 
 sociation or corporation in immediate posses- 
 sion of a mine, or mining claim, or accessories 
 thereof, as owner or lessee thereof, and as 
 such, responsible for the management and 
 condition thereof; the term "inspector" sig- 
 nifies the state mine inspector and his depu- 
 ties; the words "excavations" and "work- 
 ings," signify any or all parts of a mine ex- 
 cavated, or being excavated, including shafts, 
 tunnels, entries, winzes, raises, stopes, open 
 cuts, and all working places, whether aban- 
 doned or in use. ( 1, Ch. 33, L. '12; 4053, 
 R. S. '13, rev.) 
 
 CHAPTER 24. 
 Employer and employee. 
 
 1354. Hours for hoisting engineers and 
 furnace men ; penalty. The period of employ- 
 ment of hoisting engineers at the mines in the 
 stat^and furnace men at the smelters in the 
 state, shall be eight hours per day except in 
 cases of emergency where life or property is 
 in imminent danger. Any person, including 
 the employee, who violates the provisions of 
 this section shall be guilty of a misdemeanor 
 and be punished by a fine of not less than one 
 hundred dollars, nor more than three hundred 
 dollars for each offense. ( 1-2, Ch. 26, L. 
 '12; 3108-9, R. S. '13, cons/ & rev.) 
 
 1355. Mining and smelting work, electric 
 plants, declared hazardous. The employment 
 in all underground mines, underground work- 
 ings, open cut workings, open pit workings, 
 
 in or about, and in connection with, the oper- 
 ation of smelters, reduction works, stamp 
 mills, concentrating mills, chlorination pro- 
 cesses, cyanide processes, cement works, roll- 
 ing mills, rod mills, coke ovens, blast fur- 
 naces, and electric light or electric power 
 plants, is hereby declared to be injurious to 
 health and dangerous to life and limb of thos' 1 
 employed therein. ( 1, Ch. 28, L. '12; 3147, 
 R. S. '13; 1, Ch. 50, L. '12; 3098, R. S. '13, 
 cons. & rev.) 
 
 1356. Hours of labor per day for miners; 
 persons liable; penalty. The period of em- 
 ployment for all persons employed, occupied 
 or engaged, in work or labor, of any kind, in 
 underground mines or underground workings 
 of any kind ; open cut workings or open pit 
 
721 
 
 workings; in or about, or in connection 
 with, the operation of smelters, reduction 
 works, stamp mills, concentrating mills, chlor- 
 inating processes, cyanide processes, cement 
 works, rolling mills, rod mills, and at coke 
 ovens and blast furnaces, shall not exceed 
 eight hours within any twenty-four hours, 
 and the said eight hours shall include the time 
 employed, occupied or consumed, in descend- 
 ing to and ascending from the point or place 
 of work in any underground mine or under- 
 ground workings, or the time employed, occu- 
 pied or consumed in leaving the surface of 
 any tunnel, open cut, or open pit workings, 
 for the point or place of work therein, and in 
 returning thereto from said point or place of 
 work ; except that in an emergency, where life 
 or property is in imminent danger, the period 
 may be prolonged during the continuance of 
 such emergency, and except that the hours of 
 employment may be changed from one part of 
 the day to another at stated periods, such 
 change not to occur more than once in any 
 two weeks, and the employment may be for 
 more than eight hours during the day in 
 which such change is made. Any person vio- 
 lating any provision of this section, and any 
 person, who, as foreman, manager, superin- 
 tendent, director, or officer of a corporation, 
 or as employer or superior officer of any per- 
 son, commands, persuades, or allows any per- 
 son to violate any provision of this section 
 shall be guilty of a misdemeanor, and be pun- 
 ished by a fine or not less than two hundred 
 and fifty dollars nor more than five hundred 
 dollars, or by imprisonment in the county jail 
 for not less than three months nor more than 
 six months. In a trial for a violation of this 
 section, the jury, if a jury trial, shall decide 
 
 whether the punishment shall be a fine or im- 
 prisonment, or both fine and imprisonment. 
 Each day's violation shall be a separate of- 
 fense. (Ch. 26, L. '12, S. S. ; 713, P. C.' '13, 
 rev.) 
 
 1359. Lavatories, change rooms, bath, in 
 mines and certain works; penalty; porno- 
 graphy. For the maintenance of public health, 
 proper bath rooms, wash rooms, water closets 
 and a heated change room immediately con- 
 tiguous to the works, shall be provided by 
 every person whether owner or operator en- 
 gaged in the treatment or reduction of ores or 
 metals, in cement works, in works using oils, 
 cyanide, acids or quicksilver. Such water 
 closets shall be screened and ventilated, with 
 not less than one seat for each twenty-five 
 persons, and one seat for each fraction thereof 
 above ten, employed in such establishment. 
 One shower bath shall be provided for every 
 twenty-five men employed in such establish- 
 ment with adequate wash room facilities. 
 These rooms and places shall at all times be 
 open to employees and shall be kept in a clean 
 and sanitary condition. A heated wash and 
 change room shall be maintained contiguous 
 to every mine employing twenty-five or more 
 men. 
 
 Any person violating this section, and any 
 person placing any obscene picture, writing 
 or marking in or about the premises herein 
 mentioned, shall be guilty of a misdemeanor, 
 and punished by a fine of not less than fifty 
 dollars, nor more than three hundred dollars, 
 or by imprisonment in the county jail for not 
 less than ten days nor more than sixty days, 
 or by both such fine and imprisonment. ( 
 1-2-3-4, Ch. 165, L. '19, cons. & rev.) 
 
StOCKion, v^ai 
 PAT JAN. 21, 1908