LAWS 
 
 
 MISSOURI 
 
 RELATING TO 
 
 Compiled bjf 
 
 MINE INSPECTION DEPARTMENT, 
 Jefferson City^ Mo. 
 
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 LAWS 
 
 OF 
 
 MISSOURI 
 
 RELATING TO 
 
 MINES AND MINING 
 
 * 0 - 
 
 
 1909 . 
 
 INSPECTORS 
 
 LEAD AND ZINC MINES. 
 
 Clias. P. Wallace . Carterville. 
 
 W. S. Brown Joplin. 
 
 I. J. Pirtle Fredericktown. 
 
 COALIMINES. 
 
 Robt. Richards Bevier. 
 
 Michael Gavin Lexington. 
 
 Geo. Bartkolomaeus, Secretary^ 
 BUREAU OF MINES AND MINE INSPEaiON, 
 Jefferson, City, Mo. 
 
LAWS RELATING TO 
 MINES AND MINING. 
 
 ^INING, HOW CONDUCTED, RIGHTS OF 
 MINERS, MINE OWNERS AND OTHERS. 
 
 ARTICLE I. 
 
 Sec. 8408. Rights of miners and 
 owners of mineral lands — condition of 
 permits. — When any person owning 
 real estate in this state, or any person 
 a leasehold interest in such real 
 or mining purposes by lease from 
 the owner thereof, duly acknowledged 
 and recorded in the county wherein the 
 l^l^nd lies, shall permit any person or 
 r persons, other than their servants, 
 ^ agents or employes, to enter and dig 
 Qor mine thereon for lead ore or other 
 ')>^minerals, with the consent of such owner 
 or owners or lessee, he or they shall 
 keep a printed statement of the terms, 
 ^conditions and requirements upon which 
 such lands may be mined or prospected, 
 , and the time during which the right to 
 mine or prospect thereunder shall con- 
 ^tinue, posted or hung up in a conspicu- 
 ■ ous place, in plain, legible characters, 
 ( 3 ) 
 
 u 
 
 
4 
 
 in the principal office or place of busi- 
 ness of such person or company in the 
 county in which said lands are situated, 
 or in a county contiguous thereto, and 
 shall deliver to any person mining or 
 prospecting, or about to mine or pros- 
 pect on said lands, and requesting it, a 
 printed copy of such statement; all per- 
 sons digging or mining on said landcf, 
 after the posting up of such statement, 
 shall be deemed to have agreed to and 
 accepted the terms thereof, and shall, 
 together with such owner or lessee, be 
 bound thereby, and upon failure or re- 
 fusal to comply with the terms, condi- 
 tions and requirements of such state- 
 ment, he or they shall forfeit all right 
 thereunder, and the owner or lessee, as 
 aforesaid, of such lands, may re-enter 
 thereon and take possession of the same, 
 nor shall the receipt of any ore or min- 
 eral by any such owner or lessee, after 
 any such forfeiture has been incurred, be 
 deemed or taken as a waiver of such 
 forfeiture. (R. S. 1899, § 8766.) 
 
 Sec. 8409. Forfeiture. — Whenever any 
 such owner or lessee of real estate shall 
 permit any person or persons, other 
 than their servants, agents or employes, 
 to enter and dig for lead ore or other 
 minerals on such real estate, with his 
 consent, but without such owner or les- 
 see compl3dng with the provisions of 
 section 8408, and such person or persons 
 having so entered upon said lands by 
 the permission or consent of such 
 
5 
 
 owner or lessee as aforesaid, and hav- 
 ing in good faith dug or opened any 
 shaft, mine, quarry, prospect or deposit 
 of mineral, or extended or opened from 
 any shaft or mine any room, drift, en- 
 *try or other excavation, he or they shall 
 have the exclusive right as against such 
 pwner or lessee giving such permit or 
 consent, and against any person claim- 
 ing by, through or under such owner or 
 lessee, to continue to work, mine and 
 dig such shaft, mine prospect or deposit 
 of mineral so dug or opened by him or 
 them as aforesaid, in said real estate, 
 with a right of way over such lands for 
 the purpose of such mining, for the 
 term of three years from the date of 
 the giving of such consent or permit: 
 'Provided, however, that if such person or 
 persons, in each case so mining as afore- 
 said, shall fail or neglect to work or 
 cause to be worked, such shaft, mine, 
 quarry, prospect or deposit of mineral 
 for ten days, not including Sundays, in 
 any one calendar month, after com- 
 mencing said work, he or they shall for- 
 feit all rights to work, mine or hold the 
 same as against such owner or lessee, un- 
 less such failure or neglect was caused 
 by unavoidable circumstances, or by the 
 act of such owner or lessee or his agent, 
 or unless such owner or lessee consent 
 thereto: Provided, further, that such per- 
 son or persons, so mining as aforesaid, 
 shall pay to the owner or lessee of said 
 lands giving such permit or consent the 
 
6 
 
 royalty for mining thereon, at least once 
 every month, if demanded by such owner 
 or lessee, by delivering the same to him 
 at or near the mouth or opening of 
 such mine, shaft or quarry, or at the 
 nearest usual place of business of such 
 owner or lessee, or at any other place 
 that may be agreed upon by such minej 
 and owner or lessee; which said royalty, 
 unless otherwise agreed upon by them, 
 shall be the same in kind and propor- 
 tionate amount as is paid by others min- 
 ing the same kind of ore or mineral on 
 said lands to such owner or lessee, or 
 the value of such royalty in cash; and 
 if there be no other person mining on 
 said lands on terms prescribed by such 
 owner or lessee, then he or they shall 
 pay to such owner or lessee the same 
 rate and kind of royalty on lead ore or 
 minerals taken out by him or them as 
 is paid by miners on lands nearest there- 
 to belonging to other persons, or the 
 value of such royalty in cash. Such 
 owner or lessee of any real estate shall 
 have a lien on all minerals taken or dug 
 therefrom for the royalty due thereon 
 until the same is paid; and if any such 
 person or persons so mining shall re- 
 fuse or fail to pay such royalty to such 
 owner or lessee, or his agent, when de- 
 manded as aforesaid, he or they shall 
 thereby forfeit the right to work such 
 mine, shaft, quarr^q prospect or deposit 
 of mineral, and the said owner or lessee 
 may thereupon enter and take posses- 
 sion of the same. (R. S. 1899, § 8767.) 
 
7 
 
 Sec. 8410. Tender of payment. — 
 Any such person or persons who, by 
 the permission or consent of the owner 
 « or lessee of any real estate, and having 
 the right to mine thereon, and having 
 entered and du^ or mined thereon any 
 lead ore or other mineral, shall have 
 Jhe right to the exclusive possession of 
 such ore or mineral, except the royalty 
 thereon, which shall be paid as herein- 
 before provided, until he or they shall 
 be paid or tendered by such owner or 
 lessee of such real estate the then high- 
 est market price in cash paid by such 
 owner or lessee for the same kind of 
 ore or mineral dug or mined on said 
 lands, and if no other such ores or min- 
 erals are at the time being dug or mined 
 on said lands and sold to such owner 
 or lessee, then the highest price paid 
 for such ore or mineral dug on lands 
 nearest thereto shall be paid or tendered 
 by such owner or lessee in such case, 
 and upon such payment or tender, the 
 absolute right to the possession of such 
 lead ore or other mineral so dug out and 
 mined under the provisions of the next 
 preceding section, and for which such 
 payment or tender shall have been 
 made, shall vest in such owner or lessee. 
 (R. S. 1899, § 8768.) 
 
 Sec. 8411. Notice to owner or les- 
 see. — If any person or persons having 
 „• dug or mined lead ore or other mineral, 
 and having the same in his or their 
 possession, and having offered to de- 
 
8 
 
 liver such mineral according to con- 
 tract, or paid or’ tendered the royalty, 
 if any, due thereon, or the value 'of such 
 royalty in cash, to such owner or les- 
 see of said real estate, or to his agent, 
 shall serve or cause to be served a no- 
 tice in writing upon such owner or les- 
 see or his agent, by delivering to him ^ 
 copy thereof, or by leaving a copy there- 
 of at the usual place of abode of such 
 owner, lessee or agent, with some mem- 
 ber of the family over the age of fifteen 
 years, stating in such notice the amount 
 of lead ore or other mineral he or they 
 have ready for deliver}^, and requiring 
 such owner, lessee or agent to receive 
 and pay for the same, the said owner or 
 lessee shall, within five days after the 
 service of such notice, receive and pay 
 for such lead ore or other mineral which 
 the said person or persons digging or 
 mining the same may deliver to him, 
 not exceeding the amount named in the 
 notice; and in such case, if such owner 
 or lessee fail or refuse within the time 
 aforesaid to pay for such lead ore or 
 mineral delivered or offered to be de- 
 livered to him as aforesaid at the said 
 price, then in that event the said per- 
 son or persons who dug and mined the 
 same shall thereupon acquire an abso- 
 lute title to such lead ore or mineral, 
 and may thereupon dispose of the same 
 to any person or in any manner he or 
 they may choose. (R. S. 1899, § 8769.) 
 
 Sec. 8412. Sale of ore. — All lead ore 
 
9 
 
 or other mineral, dug or mined in or 
 upon the lands of any person in this 
 state, shall be deemed and held to be 
 the absolute property of the owner or 
 lessee of such lands, except in cases it 
 is modified, changed or transferred by 
 express contract, and any person who 
 shall unlawfully sell or convert to his 
 lowii use, or remove or dispose of, or in 
 any manner make away with or con- 
 ceal any sucli ore or mineral, so as to 
 deprive the owner thereof of the same, 
 shall be deemed guilty of grand or petit 
 larceny, according to the value of such 
 ore or mineral. (R. S. 1899, § 8770.) 
 
 Sec. 8413. Injunction or restraining 
 orders — notice of application to dissolve. 
 No injunction or restraining order shall 
 be granted by any court or by any judge 
 thereof to enjoin or restrain the work- 
 ing of any mine or mines, or in any 
 manner to interfere with the same, ex- 
 cept upon notice first being given to the 
 person working or operating said mine 
 or mines, and sought to be enjoined or 
 restrained, which notice shall be served 
 by delivering to such person a copy 
 thereof, or by leaving a copy thereof at 
 his usual place of abode with a member 
 of the family over the age of fifteen 
 years, at least five days before the day 
 set for the hearing of the application 
 for the injunction; and the court or 
 judge granting such injunction or re- 
 straining order shall have the power, 
 upon good cause being shown, to dis- 
 2 . 
 
10 
 
 solve, vacate or modify an}" such injunc- 
 tion or restraining order at any time af- 
 ter the same shall have been granted, 
 whether in term time or vacation: 
 Provided, that the party applying to such 
 court or judge to dissolve, vacate or 
 modify any such injunction or restrain- 
 ing order shall give due notice to the^ 
 opposite party of such intended applica- ' 
 tion. (R. S. 1899, § 8771.) 
 
 Sec. 8414. Affidavit of course of drift 
 and order to be made. — When any 
 owner, tenant or sub-tenant of a lot or 
 lots or tract of land, shall file with any 
 justice of the peace within the county 
 in which said lot or lots or tract of 
 land may be situated his or her affidavit, 
 or the affidavit of any other creditable 
 person for them, stating that from 
 knowledge, information or belief, the 
 party or parties owning, controlling or 
 working the adjoining lot or lots or 
 tract of land, and upon which said party 
 or parties are sinking shafts, mining, 
 excavating and running drifts, and that 
 said drifts in which said parties are dig- 
 ging, mining and excavating mineral 
 ore or veins of coal extend beyond the 
 lines and boundaries of said lot or lots 
 or tract of land, owned, controlled or 
 worked by them, and have entered in 
 and upon the premises of the party or 
 parties making said affidavit, or for 
 whom said affidavit is made, the justice 
 of the peace, after first being tendered 
 his lawful fees, shall issue his written 
 
II 
 
 order and deliver or cause the same to 
 be delivered to the county surveyor or 
 his deputy, commanding him, after his 
 reasonable fees have been tendered, to 
 proceed without delay to survey said 
 drift by entering any and all shafts up- 
 on said lot or lots or tract of land that 
 he (the surveyor) may see fit, for the 
 ^ purpose of ascertaining the course and 
 Qistance of said drift or drifts, and to 
 locate the same upon the surface. , (R. 
 S. 1899, § 8772.) 
 
 Sec. 8415. Order to be read. — The 
 surveyor shall, before entering upon 
 said duty, read said order to the party 
 or parties owning, controlling or work- 
 ing any shaft or shafts on said lot or 
 lots or tract of land. (R. S. 1899, § 
 
 8773.) 
 
 Sec. 8416. Refusal to obey order a 
 misdemeanor. — If said party or parties 
 owning, controlling or working said 
 shaft or shafts on said lot or lots or 
 tract of land shall refuse, hinder or pre- 
 vent said county surveyor or his deputy 
 and his assistant from entering said shaft 
 or shafts or drifts, to make the survey 
 so ordered by the justice of the peace, 
 and every person so offending shall, on 
 conviction, be adjudged guilty of a mis- 
 demeanor, and punished by imprison- 
 ment in the county jail for a term of not 
 exceeding one year, or by a fine not ex- 
 ceeding three hundred dollars, or by 
 both said fine and imprisonment. (R. 
 
 S. 1899, § 8774-) 
 
12 
 
 Sec. 8417. Owner or lessee shall drain 
 mine, etc. — When any person owning 
 any real estate in this state, or any per- 
 son or persons having a leasehold there- 
 in for the purpose of mining for lead 
 or zinc ore thereon by lease from such 
 owner, shall open such real estate for 
 mining purposes, and shall permit any 
 person or persons other than their' 
 agents, servants or employes to enter 
 and dig or mine for lead or zinc ores 
 thereon, and shall make any rule or 
 contract whereby any pump-rent or roy- 
 alty is reserved unto said land owner 
 or lessee for the drainage of the land 
 so mined, and shall fail or refuse to 
 drain any such land or mining lot to the 
 full depth to which the laborers are 
 working or seeking to work, but pre- 
 vented by water, then and in such event, 
 such owner or lessee thereof shall not 
 be entitled to collect or retain any 
 pump-rent or royalty so reserved as 
 aforesaid for any ores taken from said 
 mine or lot, below the depth of the 
 water level in said mine or lot, so long 
 as said owner or lessee shall fail or re- 
 fuse to drain said mine, nor shall such 
 land owner or lessee be entitled to for- 
 feit any right to hold and mine said lot 
 so long as work is prevented therein by 
 reason of water accumulated therein, 
 on account of any failure to drain said 
 mine by such land owner or lessee, any 
 rule, contract or agreement to the con- 
 
13 
 
 trary notwithstanding. (R. S. 1899, § 
 
 8775.) 
 
 Sec. 8418. Scrapping for ore prohib- 
 ited, etc. — penalty. — It shall be unlaw- 
 ful for any person to take or in any 
 manner receive or obtain any lead or 
 zinc ore by mestns of gleaning or culling, 
 commonly called “scrapping/^ without 
 'first having obtained the written con- 
 sent of the person having possession 
 and control of the mine from which said 
 ores are to be taken; and it shall be 
 unlawful for any person or company of 
 persons to purchase, or in any manner 
 to receive any lead or zinc ore which 
 may have been stolen or taken by means 
 of culling or gleaning, commonly called 
 ‘"scrapping,” without such written con- 
 sent as aforesaid, knowing that said ores 
 have been so stolen or taken without 
 written consent, as herein provided. Any 
 person violating the provisions of this 
 section, on conviction, shall be punished 
 by fine of not more than one hundred 
 dollars, or by imprisonment in the 
 county jail not more than one year, or 
 by both such fine and imprisonment, and 
 the inadequacy of the price paid for 
 such ore, the quantity purchased or re- 
 ceived, and the fact that the person 
 from whom such ores may have been 
 purchased or received is not regularly 
 engaged in running or operating mines 
 for such ores, may be shown, and shall 
 be received as prima facie evidence of 
 guilty knowledge of the person so pur- 
 
14 
 
 chasing or receiving such ores: Pro- 
 vided, however, that nothing herein con- 
 tained shall be so construed as to pre- 
 vent any person from gleaning, culling 
 or scrapping for ores about his own 
 mine, nor to prevent any person from 
 purchasing such ores when the same 
 have been obtained in such manner by 
 the owner or operator of any such mine. * 
 (R. S. 1899, § 8776.) 
 
 Sec. 8419. Indemnity bond required 
 to mine in certain cities, etc. — violation 
 a misdemeanor — penalty. — No person, 
 company or corporation shall hereafter 
 sink a shaft, mine, tunnel, excavate or 
 drift for coal, or take out any coal of 
 any kind within the corporate limits or 
 designated boundaries of any city, town 
 or village in this state containing one 
 thousand inhabitants or more, without 
 having first applied and filed, and have 
 approved, an indemnity bond as here- 
 inafter provided for; and any person 
 or persons violating the provisions of 
 this section, and any member or stock- 
 holder or officer of any company or cor- 
 poration who shall violate the provisions 
 of this section, shall be deemed guilty 
 of a misdemeanor, and on conviction 
 thereof shall be punished by fine of not 
 less than five hundred dollars, or im- 
 prisonment in the county jail for not 
 less than six months, or by both such 
 fine and imprisonment. (R. S. 1899, § 
 
 8777.) 
 
 Sec. 8420. Notice of intention to mine 
 — publication required. — Every person. 
 
15 
 
 company or corporation desiring to carry 
 on any of the mining operations pro- 
 vided for in the preceding section shall 
 give at least thirty days’ notice of such 
 intention by notice printed and pub- 
 lished in some newspaper printed in 
 such town, city or village wherein such 
 mining operations are proposed to be 
 ycarried on, or if no newspaper be printed 
 in such city, town or village, then in 
 some newspaper printed in said county, 
 or if no newspaper be printed in such 
 county, then by written or printed hand- 
 bills posted up in six public places in 
 the city, town or village wherein such 
 mining operations are proposed to be 
 carried on. Such notice shall contain 
 an accurate description of the locality 
 where such mining operations are to 
 be carried on, giving the number of lot 
 and block, and shall also state the nature 
 of such mining operations, and name 
 some day of the term of the next circuit 
 court in said county, thereafter to be 
 holden, when such person, company or 
 corporation will offer for filing and ap- 
 proval the indemnity bond hereinafter 
 provided for. (R. S. 1899, § 8778.) 
 
 Sec. 8421. Permit from mayor and 
 council — petition to circuit court. — On 
 the day mentioned in such notice, the 
 persons, company or corporation pro- 
 posing to carry on such mining opera- 
 tions must have a permit, in writing, 
 signed by the mayor and a majority of 
 the city council of the town, city or vil- 
 
i6 
 
 lage in which such mining is proposed, 
 before a permit shall be granted by a 
 circuit court, and shall present their pe- 
 tition to said circuit court, setting out 
 the locality of the proposed mines and 
 the nature and extent of the proposed 
 mining operations, and shall also file 
 with such petition the title papers of 
 such person or company or corporation^ 
 to the lands on which such mining opera- 
 tions are proposed to be carried on, 
 showing either the fee simple title of 
 such land in such company, or the right 
 to mine beneath or in such land, and 
 shall also contain the names of all per- 
 sons to be offered as security upon the 
 mining bond of such persons, company 
 or corporation, and shall pray the court 
 to fix and approve the mining bond of 
 such persons or corporation. (R. S. 
 1899, § 8779, amended. Laws 1909, p. 
 
 695.) 
 
 Sec. 8422. Testimony on application — 
 bond, etc. — time granted. — The court 
 may, upon such application, hear testi- 
 mony upon all the matters involved in 
 such application, including testimony 
 upon the solvency and responsibility of 
 the sureties offered, and may hear testi- 
 mony from any parties interested in the 
 lots and lands in the neighborhood of 
 such proposed mining operations, and if 
 the court is satisfied that the proposers 
 own the land or mining privileges under 
 the land described in their petition, the 
 court shall fix the amount of the bond 
 to be given by such proposers, such 
 
17 
 
 bond to be in no case for less than one 
 thousand dollars; and upon the giving 
 and approval of such bond so fixed by 
 the court, the court shall enter its order 
 * authorizing the mining operations speci- 
 fied in said petition, and upon the locali- 
 ties therein named, and not elsewhere, 
 for the space of two years, unless in 
 ^ the meanwhile revoked. (R. S. 1899, § 
 8780.) 
 
 Sec. 8423. Bond required. — Such bond 
 shall be signed by the proposers, and by 
 not less than two sureties, to be ap- 
 proved by said court, residents of the 
 county wherein such mining is to be 
 carried on, and shall be made payable 
 to the state of Missouri, and condi- 
 tioned that the principal in said bond 
 shall carry on the mining operations pro- 
 posed in the petition in a careful manner, 
 and the said parties shall not mine, dig, 
 excavate nor take coal nor earth from 
 or under any land or lots than that de- 
 scribed in the said bond, and shall pay 
 all damages that may be sustained by 
 any and all persons by reason of the 
 violation of any of the conditions of said 
 bond, and any and all charges, fines and 
 penalties that may be levied, assessed 
 against or imposed upon the said pro- 
 posers, their agents, servants, stock- 
 holders, officers or employes, by reason 
 of any violation of the conditions of said 
 bond or any of the provisions of sec- 
 tions 8419 to 8427, inclusive. (R. S, 
 1899, § 8781.) 
 
 3 
 
i8 
 
 Sec, 8424. Written permission of prop- 
 erty owner — violation, misdemeanor — 
 penalty, fines, etc. — Any person or per- 
 sons who shall in person or by their 
 servant, agent or employe, dig, exca- 
 vate, mine, tunnel or drift upon or Un- 
 der the lands or lots of another, within 
 the incorporate limits or designated 
 boundaries of any city, town or village 
 in this state, and ever}^ officer and stock- 
 holder that shall either authorize or per- 
 mit its servants, agents or employes to 
 dig, excavate, mine, tunnel or drift upon 
 or under the lands or lots of another 
 within such limits or boundaries of such 
 city, town or village, without the writ- 
 ten permission of the owner or owners 
 of such land or lots, shall be deemed 
 guilty of a misdemeanor, and shall be 
 punished, on conviction, for every such 
 offense, ‘by fine of not less than five 
 hundred dollars, with costs, which fine 
 and costs, if not paid within five days 
 after conviction, may be sued for and 
 recovered against the parties and sure- 
 ties on the mining bond of such per- 
 sons, company or corporation liable for 
 such acts, in a suit upon such bond, in 
 the name of the state of Missouri, to the 
 use of the county in which such offense 
 is committed; such fine, when collected, 
 shall be paid, one-half to the owner of 
 the property injured by such offense and 
 the other half into the school fund of 
 such county; but no such conviction 
 shall be a bar to the owner of such prop- 
 
19 
 
 erty prosecuting a suit on said bond to 
 his own use for the damages sustained 
 by any such offense. Every such con- 
 * viction, whether appealed from or not, 
 shall work a forfeiture of the authority 
 to mine granted such person, company 
 or corporation liable, and they shall not 
 '•proceed further with the operations, ex- 
 cept by making application and giving a 
 new bond as in the first instance. (R. 
 S. 1899, § 8782.) 
 
 Sec. 8425. Costs attending notice. — 
 The costs attending the giving notice, 
 making application and receiving mining 
 privileges shall all be paid by the per- 
 son, company or corporation making 
 the same, and no such privilege shall 
 take effect until all such costs be paid. 
 
 (R. S. 1899, § 8783.) 
 
 Sec. 8426. Diagram of mines, etc., to 
 be filed in court. — At each term of the 
 circuit court, during the continuance of 
 any lining license, every person, com- 
 pany or corporation carrying on such 
 mining operations shall, at their own 
 expense, cause to be made by the county 
 surveyor of the county where such mines 
 are located, and filed with the court, 
 under oath of such surveyor, a complete 
 and true diagram of such mines, show- 
 ing with reference to the boundaries of 
 such mines, and the lots and lands of 
 neighboring owners, the extent of such 
 mines, their drifts, tunnels and excava- 
 tions, giving the length and breadth of 
 each drift, bank and tunnel, so as to 
 
20 
 
 fulh^ inform the court and parties in 
 interest of the extent and character of 
 such mining operations. Such plats and 
 diagrams shall remain on file with the 
 clerk of such court, and shall not be 
 removed by any one from the files pf 
 such court. Any failure to file the dia- 
 gram and plat herein provided for, or^ 
 to make such diagram show all the par- 
 ticulars herein provided for, shall work 
 a forfeiture of the mining privileges of 
 such person, company or corporation, 
 which forfeiture the court shall, on the 
 motion of any party in interest, declare 
 on three days’ notice to the party hold- 
 ing such license or privilege. (R. S. 
 1899, § 8784.) 
 
 Sec. 8427. Application of certain sec- 
 tions to mining companies. — In no case 
 shall the eight preceding sections of this 
 article be so construed as to apply to 
 persons, companies or corporations en- 
 gaged in mining for lead, zinc or other 
 ores or minerals, except coal. (R. S. 
 1899, § 8785.) 
 
 Sec. 8428. Mining under public high- 
 ways and railroads prohibited. — No per- 
 son or persons, firm or association of 
 persons, company or corporation shall, 
 within this state, mine or excavate be- 
 neath the surface of any public highway 
 or railroad right of way, in such manner 
 as to cause the surface of the ground 
 over which such public highway or rail- 
 road track is constructed to cave in. 
 (Laws 1909, p. 436.) 
 
21 
 
 Sec. 8429. Penalty for violation. — Any 
 
 person, firm, company, association or 
 corporation, violating the provisions of 
 the preceding section, and any officer, 
 agent or receiver of any firm, company, 
 association or corporation, or any mem- 
 ber of the same, or any individual, found 
 guilty of a violation thereof, shall be 
 fined not less than one hundred dollars 
 nor more than five hundred dollars, or 
 be imprisoned in the county jail not to 
 exceed one year, or suffer both penalties. 
 (Laws 1909, p. 436.) 
 
 Sec. 8430. Screening coal before weigh- 
 ing, prohibited. — It shall be unlawful for 
 any mine owner, lessee 'or operator of 
 coal mines in this state, employing 
 miners at bushel or ton rates, or other 
 quantity, to pass the output of coal 
 mined by said miners over any screen 
 or any other device which shall take 
 any part from the value thereof before 
 the same shall have been weighed and 
 duly credited to the employe sending 
 the same to the surface, and accounted 
 for at the legal rate of weights as fixed 
 by the laws of Missouri; and no employe 
 within the meaning of this section 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. And any pro- 
 vision, contract or agreement between 
 mine owners or operators thereof, and 
 the miners employed therein, whereby 
 the provisions of this section are waived, 
 
22 
 
 modified or annulled, shall be void and 
 of no effect, and the coal sent to the sur- 
 face shall be accepted or rejected; and 
 if accepted, shall be weighed in accord- 
 ance with the provisions of this section, 
 and right of action shall not be invali- 
 dated by reason of any contract or 
 agreement; and any owner, agent or 
 operator of any coal mine in this state- 
 who shall knowingly violate any of the 
 provisions of this section shall be 
 deemed guilty of a misdemeanor, and, 
 upon conviction, shall be punished by 
 a fine of not less than two hundjed dok 
 lars nor more than five hundred dollars 
 for each offense, or by imprisonment in 
 the county jail for a period of not less 
 than sixty days nor more than six 
 months, or by both such fine and im- 
 prisonment; proceedings to be instituted 
 in any court having competent jurisdic- 
 tion. (R. S. 1899, § 8786.) 
 
 Sec. 8431. Weighman shall take oath, 
 etc., penalty. — The weighman employed 
 at any mine shall subscribe an oath or 
 affirmation before a justice of the peace, 
 or other officer authorized to administer 
 oaths, to do justice between employer 
 and employe, and to truly and correctly 
 weigh the output of coal from the mines 
 as herein provided. The miners em- 
 ployed by or engaged in working for 
 any mine-owner, operator or lessee of 
 any mine in this state shall have the 
 privilege, if they desire, of employing 
 at their owm expense a check weighman. 
 
23 
 
 who shall have like equal rights, powers 
 and privileges in the weighing of coal 
 as the regular weighman, and be sub- 
 ject to the same oath and penalties as 
 » the regular weighman. Said oath or 
 affirmation shall be kept conspicuously 
 posted in the weigh-office, and any 
 weigher of coal or person so employed, 
 ^ wffio shall knowingly violate any of the 
 provisions of this article, or any owner, 
 operator or agent of any coal mine in 
 this state who shall forbid or hinder 
 miners employing or using a check- 
 weighman as herein provided, or who 
 shall prevent or willfully obstruct any 
 such check-weighman in the discharge 
 of his duty, shall be deemed guilty of a 
 misdemeanor, and upon conviction shall 
 be punished by a fine of not less than 
 one hundred dollars nor more than five 
 hundred dollars for each offense, or by 
 imprisonment in the county jail for a 
 period not less than thirty days nor 
 more than ninety days, or by both such 
 fine and imprisonment, proceedings to 
 be instituted in any court having com- 
 petent jurisdiction. Whenever the coal 
 mine inspector shall be satisfied that 
 the provisions of this section have been 
 willfully violated, it shall be his duty to 
 forthwith inform the prosecuting attor- 
 ney of any such violation, together with 
 all the facts in his knowledge, and the 
 prosecuting attorney shall thereupon in- 
 vestigate the charge so preferred, and if 
 he be satisfied that the provisions of this 
 
24 
 
 section have been so violated, it shall be 
 his duty to prosecute the person or per- 
 sons guilty thereof. (R. S. 1899, § 8787.) 
 
 Sec. 8432. Penalty for using false 
 scales. — Every owner, agent or op- 
 erator of any coal mine in the state, 
 employing miners at bushel or ton rates, 
 shall provide at such mine or mines ac- 
 curate and suitable scales of standard 
 manufacture upon which shall be weighed 
 all coal coming out of such mine or 
 mines; said scale or scales to be located 
 at a reasonable distance from the point 
 where the coal is delivered to the sur- 
 face opening of the mine or mines, and 
 in no case shall said scale or scales be 
 located at a greater distance from said 
 surface opening of the mine or mines 
 than one hundred feet. Any owner, 
 agent, operator, person, or persons hav- 
 ing or using any scales or scale for the 
 purpose of weighing the product of the 
 miners’ labor, and so arranges or con- 
 structs said scale or scales, or by any 
 contrivance therewith connected causes 
 the fraudulent weighing of such coal or 
 said product, or who shall knowingly 
 resort to, permit or employ any person 
 or means whatsoever, by reason of which 
 said product of the mine is not correctly 
 weighed and reported in accordance with 
 the true weight and the provisions of 
 this article, shall be deemed guilty of a 
 misdemeanor, and shall, upon conviction 
 for each and every offense, be punished 
 by a fine of not less than two hundred 
 
25 
 
 dollars, nor more than five hundred dol- 
 lars, or by imprisonment in the county 
 jail for a period not to exceed ninety 
 days, or by both such fine and imprison- 
 ment; proceedings to be instituted in 
 any court of competent jurisdiction. (R. 
 
 S. 1899, § 8788.) 
 
 Sec. 8433. Shall apply to loaders in 
 •v certain mines. — The manner of weighing, 
 as hereinbefore provided for, shall apply 
 to the class of workers in mines known 
 as loaders, engaged, in mines wherein the 
 mining is done by machinery, whenever 
 the workmen are under contract to load 
 coal by the bushel, ton, or any quantity 
 the settlement of which is had by weight. 
 
 (R. S. 1899, § 8789.) 
 
 Sec. 8434. Inspector to test scales. — 
 
 The coal mine inspector of this 
 state shall be ex officio inspector of 
 weights, measures and scales used at 
 coal mines, and he is hereby empowered 
 and it shall be his duty to test the scales 
 used to weigh coal mined in the mines 
 of this state at least every six months, 
 to ascertain whether or not such scales 
 correctly measure the weight of such 
 coal, and if defects or irregularities are 
 found, such scales which prevent cor- 
 rect weights and measurements the in- 
 spector shall call the attention of the 
 mine owner, agent or operator to said 
 defects and direct that the same be at 
 once properly adjusted and corrected. 
 If the owner, agent or operator of any 
 coal mine in this state, shall refuse to 
 4 
 
26 
 
 allow such inspector to properly test 
 the scales used at such mine or mines, 
 or shall fail or refuse to put such scales 
 in proper adjustment and condition, so 
 that the same shall correctly weigh the 
 coal mined after being notified b}^ said 
 inspector so to do, such owner, agent 
 or operator shall be deemed guilty of 
 a misdemeanor, and upon conviction 
 thereof, shall be fined not exceeding five 
 hundred dollars, or be confined in the 
 county jail not exceeding six months, 
 or both, in the discretion of the court, 
 and it shall be the duty of the prose- 
 cuting attorneys in the respective coun- 
 ties to prosecute any person, firm or 
 corporation violating the provisions of 
 this section the same as in other mis- 
 demeanor cases. (R. S. 1899, § 8790.) 
 
 Sec. 8435. Wages to be paid semi- 
 monthly — penalty. — All persons or cor- 
 porations engaged in or operating any 
 mines, stone or granite quarries in this 
 state shall pay their employes once in 
 every fifteen days in lawful money of the 
 United States, and at no pay day shall 
 there be withheld any of the earnings 
 due any such employe: Provided, per- 
 sons or corporations operating coal 
 mines may withhold not to exceed five 
 days of the earnings of employes. Any 
 such operator or employer failing or re- 
 fusing to pay his employes, their agents 
 or assigns or anyone duly authorized to 
 collect such wages as in this section 
 provided, shall become immediately lia- 
 
27 
 
 ble to such employe, his agent, assigns 
 or anyone authorized to collect such 
 wages for an amount double the sum 
 due such employes at the time of such 
 failure or refusal to pay the amount due, 
 to be recovered by civil action in any 
 court of competent jurisdiction within 
 ^ this state. (R. S. 1899, § 8791, amended. 
 Laws 1903, p. 246.) 
 
 Sec. 8436. Miners’ and employes’ lien. 
 All miners and other employes en- 
 gaged in the work of developing and 
 opening up coal mines, the sinking of 
 shafts, the construction of slopes or 
 drifts, the driving of entries, mining 
 coal, and for all other labor performed 
 in and about coal mines, shall have, as 
 security for such work performed a lien 
 upon all the property of the person, 
 owner, agent, firm, or corporation own- 
 ing, constructing or operating such mine 
 or mines, used in construction or opera- 
 tion thereof, including real estate, build- 
 ing, machinery, pit cars, tracks, mules, 
 scales, and all other personal property, 
 to satisfy in full the amount due for 
 such labor performed; the same to be 
 enforced and secured upon the sarnie 
 general terms and after the manner of 
 procedure in granting mechanics’ liens. 
 
 (R. S. 1899, § 8792.) 
 
 Sec. 8437. Miners not to be worked 
 more than eight hours in a day. — It shall 
 be unlawful for any person or corpora- 
 tion engaged in, mining for minerals, 
 coal or any valuable substance, or mak- 
 
28 
 
 ing excavations beneath the surface of 
 the earth while searching for minerals, 
 coal or any valuable substance, to work 
 their hands or employes at such labor 
 or industry longer than eight hours in 
 a day of twenty-four hours, and it is 
 hereby declared that eight hours shall 
 constitute a day for all laborers or em- 
 ployes engaged in the kind of labor or 
 industry aforesaid. (R. S. 1899, § 8793, 
 amended. Laws 1901, p. 21 1.) 
 
 Sec. 8438. Penalty. — Any person or 
 persons or corporation who shall vio- 
 late any of the provisions of the pre- 
 ceding section shall on conviction, be 
 fined in a sum not less than twenty-five 
 nor more than five hundred dollars. • (R. 
 S. 1899, § 8794, amended. Laws 1901, 
 p. 211.) 
 
 Sec. 8439. Miners to be brought to 
 surface for meals. — On and after the 
 passage and taking effect of this sec- 
 tion, all owners, lessees and operators 
 of any mine in this state, the work of 
 which is located below the surface of 
 the ground, entrance to which is had by 
 any shaft, cut or tunnel, shall allow the 
 laborers and miners in their several 
 mines to come to the surface of the 
 ground for the purpose of eating their 
 noonday meal or any other meal for 
 which, under the rules of any mine a 
 time is set apart; and that at least one 
 hour shall be allowed any miner or 
 laborer for that purpose, and for rest 
 after he reaches the surface of the 
 
29 
 
 ground, and before re-entering into any 
 mine where he or she may be engaged 
 as laborer or miner. Also, that the 
 owner, lessee or operator of any mine 
 in this state is hereby required to run 
 his cage or hoisting apparatus to the 
 surface of the ground for the purpose 
 ^ of carrying any such miner or laborer, 
 who may be going to or returning from 
 any such aforementioned meal and rest, 
 free of cost to any such miner or laborer. 
 (R. S. 1899, § 8795.) 
 
 Sec. 8440. Violation of preceding sec- 
 tion — penalty. — Any owner, lessee or 
 operator of any mine in this state who 
 shall fail or refuse to carry out any of 
 the provisions of section 8439 of this 
 article shall be deemed guilty of a mis- 
 demeanor, and, upon conviction thereof, 
 shall be fined in a sum not less than one 
 dollar nor more than twenty-five dol- 
 lars; and each failure or refusal shall 
 constitute a separate offense. (R. S. 
 1899, § 8796.) 
 
 ARTICLE II. 
 
 Inspection of Mines and Safety of 
 Miners. 
 
 Sec. 8441. Maps of mines to be pre- 
 pared, etc. — The owner, agent or opera- 
 tor of each and every mine in this state, 
 employing ten or more men, shall make 
 or cause to be made, at the discretion of 
 
30 
 
 the inspector or other person acting in 
 that capacit}", 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 in- 
 spector 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 fur- 
 nished; and when any mine is worked 
 out or abandoned, that fa^t shall be re- 
 ported to the inspector, and the map 
 or plan of such mine in the office of the 
 clerk of the county court shall be care- 
 full}’’ corrected and verified. (R. S. 1899, 
 
 § 8797.) 
 
31 
 
 Sec. 8442. Inspector to make map if 
 owner fails — cost. — Whenever the owner, 
 agent or operator of any mine shall neg- 
 lect, 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 section 8441 of 
 this article, at the times and in the man- 
 > ner therein provided, the said inspector 
 is hereby authorized to cause an accu- 
 rate 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 opera- 
 tor, in the same manner as other debts, 
 by suit in the name of the inspector and 
 for his use. (R. S. 1899, § 8798.) 
 
 Sec. 8443. Escapement shafts, how 
 constructed, etc. — It is unlawful for any 
 owner, agent or operator of any coal 
 mine worked b}^ shaft to employ or per- 
 mit any person to work therein unless 
 there are to every seam of coal worked 
 in each mine at least two separate out- 
 lets, separated by natural strata of not 
 less than three hundred feet in breadth, 
 by which shafts or outlets distinct means 
 of ingress and egress are always availa- 
 ble to the persons employed in the mine; 
 but it is not necessary for the two out- 
 lets to belong to the same mine if the 
 persons employed therein have safe, 
 ready and available means of ingress 
 and egress by not less than two open- 
 ings; the communication or roadway be- 
 
32 
 
 tween the two openings, or the two 
 openings furnished by a connection be- 
 tween two distinct mines, shall at all 
 times be kept clean and of such width 
 and height as to make tlie same safe 
 and available for a speedy exit in case 
 of accident. The escapement shaft shall 
 be fitted with safe and available appli- 
 ances by which the persons employed in 
 the mine may readily escape in case an 
 accident occurs deranging the hoisting 
 machinery ’at the main outlets, and such 
 means or appliances for escape shall 
 always be kept in a safe condition, and 
 in no case shall an air shaft with a 
 ventilating furnace at the bottom be con- 
 strued to be an escapement shaft within 
 the meaning of this section. The cage 
 or cages and other means of egress shall 
 at all times be available for the persons 
 employed when there is no second out- 
 let. To all other coal mines, whether 
 slopes or drifts, two such openings of 
 outlets must be provided within twelve 
 months after shipments of coal have 
 commenced from such mine, and in case 
 such outlets are not provided as herein 
 stipulated, it shall not be lawful for the 
 owner, agent or operator of such slope 
 or drift to permit more than five persons 
 to work therein at any one time. (R. 
 S. 1899, § 8799.) 
 
 Sec. 8444. Violation of preceding sec- 
 tion — penalty. — Any owner, agent or 
 operator of a coal mine in this state vio- 
 lating the provisions of the preceding 
 
33 
 
 section shall be deemed guilty of a mis- 
 demeanor, and for each offense, on con- 
 viction, shall be fined not less than fifty 
 or ■ more than two hundred dollars, or 
 by imprisonment in the county jail not 
 less than three or more than twelve 
 months, or by both such fine and im- 
 prisonment. (R. S. 1899, § 8800.) 
 s Sec. 8445. Ventilation — fire-damp, etc. 
 The owner, agent or operator of every 
 coal mine, whether operated by shaft, 
 slope or drift, shall provide and main- 
 tain for every such mine a good and suf- 
 ficient amount of ventilation for such 
 men and animals as may be employed 
 therein, the amount of air in circulation 
 to be in no case less than one hundred 
 cubic feet for each man, and six hun- 
 dred cubic feet for each animal, per min- 
 ute, measured at the foot of the down- 
 cast, and the same to be increased at the 
 discretion of the inspector according to 
 the character and extent of the work- 
 ings, or to the amount of powder used 
 in blasting; and said volume of air shall 
 be forced and circulated to the face of 
 every working place throughout the 
 mine, so that such mine shall be free 
 from standing powder-smoke and gases 
 of every kind. All doors set on main 
 entries for the purpose of conducting 
 the ventilation shall be so constructed 
 and hung as to close of themselves when 
 opened, and shall be made sufficiently 
 tight to effectually obstruct the air- 
 currents. In all mines employing fifty 
 5 
 
34 
 
 or more men, a boy or trapper shall be 
 kept in attendance upon such doors, to 
 see that they are kept securely closed, 
 and the air-currents properly controlled. 
 Whenever the inspector shall find men 
 working without sufficient air, or under 
 any unsafe conditions, he shall first give 
 the operator a reasonable notice to 
 rectify the same, and upon his refusal 
 to do so, may himself order them out 
 until said, portions of said mine shall 
 be put in proper condition. The venti- 
 lation required by this section may be 
 produced by any suitable appliances, but 
 in case a furnace shall be used for ven- 
 tilating purposes, it shall be built in such 
 a manner as to prevent the communica- 
 tion of fire to any part of the works, by 
 lining the upcast with incombustible ma- 
 terial for a sufficient distance up from 
 said furnace. (R. S. 1899, § 8801.) 
 
 Sec. 8446. Ventilation — separate air- 
 currents required. — Every owner, agent 
 or operator of every coal mine, whether 
 operated by shaft, slope or drift, em- 
 ploying more than fifty persons in such 
 mine, shall on and after the first day of 
 September, 1905, in providing and main- 
 taining the ventilation required by sec- 
 tion 8445, split the volume of air circu- 
 lating in such mine into separate cur- 
 rents so that not more than fifty per- 
 sons working in such mine shall be sup- 
 plied by the same current of air. (Laws 
 190S, p. 237.) 
 
 Sec. 8447. Certcdn mines to be ex- 
 amined daily. — All mines generating ex- 
 
35 
 
 plosive gas in which men are employed 
 shall be examined every morning by a 
 practical and duly authorized agent of 
 the proprietor, to determine whether 
 there are any dangerous accumulations 
 of gas, or lack of proper ventilation, or 
 obstructions to roadways, or any other 
 dangerous conditions; and no person shall 
 be allowed to enter the mine until the 
 examiner shall have reported all of the 
 conditions safe for beginning work. Such 
 examiner shall make a daily record of 
 the condition of the mine, in a book 
 kept for that purpose, which shall be 
 open at all times to the examination of 
 the inspector. The currents of air in 
 mines shall be so split as to give a sepa- 
 rate current to at least every fifty men 
 at work, and the mine inspector shall 
 have discretion to order a separate cur- 
 rent for a smaller number of men, if 
 special conditions render it ne'cessary. 
 (R. S. 1899, § 8802, amended. Laws 1907, 
 p. 362.) 
 
 Sec. 8448. Experienced persons to 
 handle explosives, etc. — It shall be un- 
 lawful for any operator or agent of a 
 coal mine to employ persons under- 
 ground whose duties may involve con- 
 tact with inflammable gases, or the 
 handling of explosives, who have not 
 had experience in such duties, unless all 
 such employes are placed under the im- 
 mediate charge and control of some 
 competent and experienced miner, so as 
 to secure the safety of other persons 
 
36 
 
 employed in the same mine. (R. S. 
 1899, § 8803.) 
 
 Sec. 8449. Blasting holes to be 
 charged, how.— It shall be unlawful for 
 coal miners in any mine to charge a 
 blasting hole with loose powder, or 
 otherwise than with a properly con- 
 structed cartridge; and in dry and dusty 
 mines, it shall be unlawful to load 
 cartridges in the mines except with a 
 powder-can constructed for the purpose. 
 (R. S. 1899, § 8804.) 
 
 Sec. 8450. Traveling ways through 
 shafts, etc. — The bottom of every shaft 
 shall be supplied with a traveling way, 
 to enable men to pass from one side 
 of the shaft to the other, and without 
 passing under or over the cages. All 
 sumps shall be securely planked over 
 so as to prevent accidents to men. (R. 
 S. 1899, § 8805.) 
 
 Sec. 8451. Penalty for offenses. — 
 Every owner, agent or operator of any 
 coal mine in this state, employing five 
 or more persons, violating any of the 
 provisions of sections 8445 to 8450, in- 
 clusive, shall be deemed guilty of a mis- 
 demeanor, and on conviction shall be 
 fined for each offense not less than fifty 
 nor more than two hundred dollars, or 
 by imprisonment in the county jail not 
 less than three nor more than twelve 
 months, or by both such fine and im- 
 prisonment. (R. S. 1899, § 8806.) 
 
 Sec. 8452. Oils for illuminating pur- 
 poses. — Only a pure animal or vegetable 
 
37 
 
 oil, or other oil as free from smoke as 
 a pure animal or vegetable oil, and not 
 the product or by-product of rosin, and 
 which shall, on inspection, comply with 
 the following test, shall be used for 
 illuminating purposes in the mines of 
 this state. All such oil must be tested 
 ^ at 6o degrees Fahrenheit. The specific 
 gravity of the oil must not exceed 24 
 degrees Tagliabue. The test of the oil 
 must be made in a glass jar one and 
 five-tenths inches in diameter by seven 
 inches in depth. If the oil to be tested is 
 below 45 degrees Fahrenheit, in tem- 
 perature, it must be heated until it 
 reaches about 80 degrees Fahrenheit; 
 and should the oil be above 45 degrees 
 and below 60 degrees Fahrenheit, it must 
 be raised to a temperature of about 70 
 degrees J^ahrenheit, when, after being 
 well shaken, it should be allowed to cool 
 gradually to a temperature of 60 degrees 
 Fahrenheit before finally being tested. 
 In testing the gravity of the oil, the 
 Tagliabue hydrometer must be, when 
 possible, read from below, and the last 
 line which appears under the surface 
 of the oil shall be regarded as the true 
 reading. In case the oil under test 
 should be opaque or turbid, one-half of 
 the capillary attraction shall be deemed 
 and taken to be the true reading. Where 
 the oil is tested under difficult circum- 
 stances, an allowance of one-half degree 
 may be made for possible error in paral- 
 lax, before condemning the oil for use 
 
38 
 
 in the mine. All oil sold to be used for 
 illuminating purposes in the coal mines 
 of this state shall be contained in bar- 
 rels or packages, branded conspicuously 
 with the name of the dealer, the specific 
 gravity of the oil, and the date of ship- 
 ment. (R. S. 1899, § 8807.) 
 
 Sec. 8453. Penalty. — Any person or 
 persons, firm or corporation which ships 
 any oil contained in 3 .ny barrel or bar- 
 rels, package or packages, which are not 
 branded as prescribed in section 8452, 
 said oil to be used for illuminating pur- 
 poses in coal or other mines, and any 
 person or pefsons, firm or corporation 
 which sells any oil other than that pre- 
 scribed in section 8452, to be used for 
 illuminating purposes in coal mines, and 
 any person or persons, firm or corpora- 
 tion having in charge the operation or 
 running of any coal mine, which, in a 
 mine under his or its charge, uses or 
 permits the use of any oil other than 
 that prescribed in section 8452, and any 
 miner or mine employe who uses, with 
 a knowledge of its character, in any coal 
 mine in this state, any other oil than 
 that prescribed in section 8452, shall be 
 deemed guilty of a misdemeanor, and on 
 conviction shall be fined for each offense 
 not less than fifty nor more than two 
 hundred dollars, or by imprisonment 
 in the county jail not less than three nor 
 more than twelve months, or by both 
 such fine and imprisonment. (R. S. 1899, 
 § 8808.) 
 
39 
 
 Sec. 8454. Inspector to inspect oils. — 
 It shall be the duty of the state coal 
 mine inspector, in person or by some 
 person designated by him, to inspect oils 
 being used by miners to determine if 
 the grade is of the standard described 
 in section 8452 of this article — said in- 
 ^ spection to be made at the pleasure of 
 the coal mine inspector, or a person 
 designated by him. Should he find the 
 grade of oil used below the grade fixed 
 in section 8452, he shall notify the owner, 
 agent or operator of the mine, and also 
 notify the miners using the oil, that the 
 quality is inferior, and if change is not 
 made as soon as practical, he shall notify 
 the prosecuting attorney of the county 
 in which the mine is located, giving him 
 all the facts, and the prosecuting attor- 
 ney shall forthwith proceed to enforce 
 the provisions of the two preceding sec- 
 tions. (R. S. 1899, § 8809.) 
 
 Sec. 8455. Bore-holes. — 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 toward an aban- 
 doned mine and part of a mine suspected 
 to contain inflammable gases or to be 
 inundated with water. (R. S. 1899, .§ 
 8810.) 
 
 Sec. 8456. Signaling — hoisting — cer- 
 
 tain miners not to work, etc. — The 
 
 owner, agent or operator of every mine 
 operated by shaft shall provide suitable 
 
40 
 
 means of signaling between the bottom 
 and the top thereof, and shall also pro- 
 vide safe means of hoisting and lower- 
 ing persons in a cage covered with boiler 
 iron, so as to keep safe, as far as pos- 
 sible, persons descending into and as- 
 cending out of said shaft; and such cage 
 shall be furnished with guides to con- 
 duct it on slides through such shaft* 
 with a sufficient break 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 as- 
 cending out of said mine: Provided, 
 that the provisions of this section in re- 
 lation to covering cages with boiler iron 
 shall not apply to coal mines less than 
 one hundred feet in depth, where the 
 coal is raised by horse power. No male 
 person under the age of fourteen years, 
 or female of any age, shall be permitted 
 to enter any mine to work therein; nor 
 shall any boy under the age of sixteen 
 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 per- 
 formed by the provisions of this article 
 shall be deemed guilty of a misdemeanor, 
 and punished by a fine in the discretion 
 
41 
 
 of the court trying the same, subject, 
 however, to the limitations as provided 
 by section 8463 of this article. (R. S. 
 1899, § 8811, amended, Laws 1905, p. 
 
 237.) 
 
 Sec. 8457. Person in control of hoist- 
 ing machinery, etc. — 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 ex- 
 perienced, competent and sober person 
 not under eighteen years of age; nor 
 shall such engineer be permitted to 
 operate the hoisting machinery unless he 
 be located in such close proximity to 
 the engine and drum as will enable him 
 to continuously have supervision and 
 control of both engine and drum; 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 an}^ 
 o e time;- nor shall any coal be hoisted 
 out of any mine while persons are de- 
 scending into such mine, and the num- 
 ber of persons to ascend out of or de- 
 scend 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. (R. S. 1899, § 8812.) 
 
 Sec. 8458. Semi-weekly inspection of 
 hoisting equipment — record of same. — 
 
42 
 
 Every owner or operator, or the 
 agent of such owner or operator of any 
 coal mine in this state, who shall employ 
 twenty-five or more miners or mine 
 laborers, where any mechanical device 
 is or shall be used for the lowering or 
 hoisting of men into or out of such 
 mine, shall have some experienced and 
 practical person to inspect all ropes, 
 cages, safety-catches, shive-wheels and 
 drum brakes at least twice in each week 
 while such mine shall be in operation. 
 And every such owner or operator, or 
 the agent of such owner or operator of 
 such mine, is hereby required to furnish 
 a book of suitable kind in which the 
 results of each inspection are hereby re- 
 quired to be entered and recorded b}^ 
 the person making such inspection as 
 soon and as often as the same shall be 
 made, always reciting in such book also 
 the day and date of such inspection; and 
 such book shall be kept at such mine, 
 and shall, on all working days, be open 
 for the information of all employes of 
 such mine. (Laws 1909, p. 695.) 
 
 Sec. 8459. Penalty. — Every owner or 
 operator, or the agent of such owner 
 or operator of any coal mine in this 
 state of the kind mentioned in the next 
 preceding section, who shall fail to com- 
 ply with the provisions of said section, 
 shall be deemed guilty of a misdemeanor, 
 and, upon conviction thereof, shall be 
 punished by a fine of not less than 
 twenty-five dollars nor more than one 
 
43 
 
 hundred dollars, or by imprisonment in 
 the county jail not less than thirty days 
 nor more than ninety days, or by both 
 such fine and imprisonment, for each and 
 every separate offense. And every fail- 
 ure to have made such inspection and 
 to have entered and recorded the re- 
 sults of such inspection as provided in 
 ^section 8458 on any day when the same 
 should have been done, shall constitute 
 a separate offense. (Laws 1909, p. 695.) 
 
 Sec. 8460. Lowering and hoisting 
 miners. — The owner, agent or oper- 
 ator of all coal mines employing twenty- 
 five or more men, shall cause a compe- 
 tent person to be stationed at the top of 
 the shaft, and a competent person to 
 be stationed at the bottom of the shaft, 
 whose duties shall be to answer all sig- 
 nals for the lowering or hoisting of men 
 in the shaft, and to keep watch over, 
 and control of, such signals while men 
 are being lowered or hoisted in the shaft; 
 the persons so appointed to look after 
 said signals shall be at their posts of 
 duty at least thirty minutes before the 
 hoisting of coal has commenced in the 
 morning, and shall remain after the 
 hoisting of coal has ceased in the even- 
 ing at least thirty minutes. Whenever 
 eight persons shall present themselves 
 at the bottom of the shaft and after 
 having fini-hed their day’s work, or 
 otherwise having been prevented from 
 working, an empty cage shall be fur- 
 nished the same on which to ascend. 
 
44 
 
 And any owner, agent of operator of 
 coal mines in this state, who shall know- 
 ingly violate any provisions of this sec- 
 tion, shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be 
 punished by a fine of not less than one 
 hundred dollars, nor more than three 
 hundred dollars for each offense, or by 
 imprisonment in the county jail for not* 
 less than thirty days nor more than 
 ninety days, or by both such fine and 
 imprisonment. (R. S. 1899, § 8813, 
 
 amended. Laws 1909, p. 696.) 
 
 Sec. 8461. Boilers — fencing entrances 
 — signals, etc. — All boilers used in gen- 
 erating 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 cer-^ 
 tified in writing to the mine inspector; 
 and the top of each and every shaft, 
 and the entrance of each and every im- 
 mediate 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 
 
45 
 
 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. (R. S. 
 1899, § 8814.) 
 
 Sec. 8462. Accidents — duty and power 
 of inspector, etc. — Whenever loss of life 
 or serious personal injury shall occur b}^ 
 reason of any explosion or of any acci- 
 dent 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 in- 
 ability 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 , sug- 
 gestions and render such assistance as 
 he may' deem necessary for the safety 
 of the men; and the inspector shall in- 
 vestigate and ascertain the cause of such 
 explosion or accident and make a re- 
 port thereof, which he shall preserve 
 with the other records of his office; and 
 to enable him to make such investiga- 
 tion, he shall have the power to take 
 depositions, compel the attendance of 
 
46 
 
 witnesses and administer oaths or af- 
 firmations to them; and the cost of such 
 investigation shall be paid by the county 
 court of the county in which such acci- 
 dent 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 sec- 
 tion, shall subject such person to a fine 
 of not less than one hundred nor more 
 than three hundred dollars, to be re- 
 covered 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. (R. S. 1899, 
 
 § 8815.) 
 
 Sec. 8463. Fines, how recovered. — 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 hunared nor more than 
 five hundred dollars, to be recovered in 
 any court of the state having compe- 
 tent jurisdiction. (R. S. 1899, § 8816.) 
 
 Sec. 8464. Bureau of mines estab- 
 lished, etc. — There is hereby created a 
 department, to be known as the bureau 
 
47 
 
 of mines, mining and mine inspection, 
 with its office located at the state capi- 
 tol. The governor shall, for the inspec- 
 tion of coal mines, appoint an inspector 
 'and one assistant to the same, both of 
 whom shall have been practical miners 
 in coal mines. For lead, zinc and mines 
 other than coal mines, the governor 
 sliall appoint two inspectors, both of 
 whom shall have had practical experi- 
 ence in lead and zinc mining; one of said 
 inspecors shall be appointed to serve in 
 the western lead and zinc district, and 
 the other inspector in the eastern lead 
 and zinc district. Said district in the 
 lead and zinc field to be divided from 
 north to south through the state by a 
 line which will border the western 
 boundary of Cooper and Webster coun- 
 ties. Neither of the above-named in- 
 spectors shall be interested in any mine, 
 and each shall receive a salary of eigh- 
 teen hundred dollars per annum, and 
 there shall also be allowed and paid out 
 of the general revenue fund the actual 
 traveling expenses of the inspectors. 
 The inspectors so appointed shall have 
 authority to appoint a secretary of the 
 bureau of mines, mining and mine in- 
 spection, who, in addition to his other 
 qualifications, shall be a competent 
 draughtsman, and receive a salary of 
 eighteen hmdred dollars per annum. 
 (R. S. 1899, § 8817, amended. Laws, 1903, 
 p. 245, Laws 1907, p. 365.) 
 
48 
 
 Sec. 8465. Health and safety of miners 
 — report to the governor — report of oper- 
 ators to inspectors. — The inspectors pro- 
 vided for in this article shall see that^ 
 every necessary precaution is taken to 
 secure the health and safety of the work- 
 men employed in any of the mines in the 
 state, that the provisions and require- 
 ments provided for in this article be 
 faithfully observed and obeyed, and the 
 penalties of the law enforced. They 
 shall also collect and tabulate in their 
 report, to be made to the governor on 
 the 15th day of April of each year, the 
 extent of the workable mining lands in 
 the state by counties; also, the manner 
 of mining, whether by shaft, slope, drift 
 or otherwise, the number of mines in 
 operation, the number of men employed 
 therein, the amount of capital invested 
 and the amount and value of all mine 
 products. And in order that the pro- 
 visions of this section may be faithfulh^ 
 enforced, it shall be the duty of every 
 mine owner, operator or lessee doing 
 business of a mining nature, embracing ' 
 lead, zinc, coal, copper, iron or other 
 minerals within this state, to report to 
 the inspectors within 20 days following 
 the 1st day of January of each year, the 
 name of the person, firm, corporation or 
 company doing a mining business, where 
 the mines are located, the number of 
 acres owned or leased of minable lands, t* 
 the capital invested in lands and plant, 
 the number of shafts, drifts, slopes or 
 
49 
 
 open cuts operated, the number of men 
 employed in and about the mines, aver- 
 age wages paid employes, the amount 
 of mineral produced, the average price 
 ^received for said product and all such 
 other information pertaining to mining 
 as may be required by the inspectors; 
 coal mine operators reporting to the coal 
 niine inspector and the operators of all 
 other mines to the inspector of lead, 
 zinc and other mines upon blanks which 
 the inspectors are hereby authorized to 
 furnish for such purpose; it shall also 
 be the duty of every mine owner or 
 operator doing a mining business in this 
 state, who sells or disposes of such min- 
 ing property to another person, firm, 
 company or corporation, to furnish to 
 the purchaser or purchasers thereof, a 
 certified statement of the amount and 
 value of all mine products, the average 
 number of men employed and the aver- 
 age wages paid, for that portion of the 
 calendar year that such mining property 
 has been operated; and such purchaser 
 or purchasers shall preserve and incor- 
 porate the same in the annual report 
 required under this act; it shall also be 
 the duty of all operators to require of 
 their sublessees a monthly statement of 
 the average number of men employed 
 each month and the average wages paid 
 them, that correct accounting may be 
 made of the same in the annual report 
 required; it shall also be the duty of all 
 persons, companies or corporations open- 
 
50 
 
 ing up new mines or mining property to 
 promptly report the same to the in- 
 spector. (R. S. 1899, § 8818, amended, 
 Laws 1901, p. 212.) 
 
 Sec. 8466. Penalty for violation of pre- 
 ceding section. — When any owner, oper- 
 ator or lessee of any mine within this 
 state shall fail or refuse to comply wit^ 
 the provisions of section 8465 of this 
 article, such offender shall be deemed 
 guilty of a misdemeanor and upon con- 
 viction thereof, shall be fined in a sum 
 not less than one hundred dollars nor 
 more than three hundred dollars for each 
 offense, and the state mine inspector is 
 hereby authorized to certify such failure 
 or refusal to the county prosecuting at- 
 torney, in which county the offense was 
 committed, whose duty it shall be to 
 prosecute such offender or offenders. 
 (Laws 1901, p. 212.) 
 
 Sec. 8467. Inspector may enter mines 
 at any time, etc. — It shall be lawful for 
 the inspector provided for in this article 
 to enter, examine and inspect any and 
 all mines and machinery belonging there- 
 to, 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 in- 
 spection, or to furnish the necessary fa- 
 
51 
 
 cilities for such entry, examination and 
 inspection, the inspector shall file his 
 affidavit setting forth such refusal be- 
 ^ fore the judge of the circuit court in 
 said county in which said mine is sit- 
 uated, either during the term of the court 
 or during vacation, and obtain an order 
 ^n such owner, agent or operator so re- 
 fusing as aforesaid, commanding him to 
 permit and furnish such facilities for the 
 inspection of' such mine, or to be ad- 
 judged to stand in contempt of court 
 and punished accordingly; and if the 
 said inspector shall, after examination 
 of any mine and the works and ma- 
 chinery 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 coun- 
 ty, or any attorney in case of his re- 
 fusal 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 in- 
 junction, 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 ap- 
 pear before the judge to whom applica- 
 tion is made, who shall hear the same 
 on affidavits and such other testimoii}' 
 as may be offered in support as well as 
 in opposition thereto; and if sufficient 
 cause appear, the court, or judge in va- 
 cation, by order, shall prohibit the fur- 
 
 I 
 
52 
 
 ther working of any such mine in which 
 persons may be unsafely employed con- 
 trary 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 mat- 
 ter of said 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. (R. S. 
 1899, § 8819.) 
 
 Sec. 8468. Inspectors to examine — 
 safety of employes — powers of inspect- 
 ors. — The state mine inspectors of lead 
 mines, zinc mines and mines other than 
 coal are hereby authorized, empowered 
 and directed to thoroughly inspect all 
 underground excavations in all lead 
 mines, zinc mines and mines other than 
 coal, as often as the inspector may deem 
 proper after the passage and approval 
 of this act, to ascertain the condition 
 of said underground excavations with 
 respect to the safety of all employes 
 working in such underground excava- 
 tions; and, if after such examination, 
 the inspectors shall find that the safety 
 of the employes engaged in working in 
 such excavations is imperiled by reason 
 of there being only one shaft or outlet 
 by which a distinct means of ingress 
 and egress is always available to such 
 employes, it shall be the duty of such 
 inspectors to immediately notify the 
 
 
53 
 
 owner, agent or operator of such mine, 
 in writing, specifying the particular un- 
 derground excavation so found to be un- 
 safe or dangerous, and direct the owner, 
 agent or operator to, within thirt}^ days 
 after receiving such notice, commence to 
 sink another shaft or outlet for such un- 
 derground excavation, at some point to 
 be agreed to by such inspector, and 
 prosecute the sinking of such shaft or 
 outlet with all due diligence until the 
 same is completed. And the state mine 
 inspectors aforesaid shall have power, 
 if the}^ deem it for the safety of the em- 
 ployes, to order all employes engaged 
 in working in such underground exca- 
 vations so found to be unsafe or dan- 
 gerous to quit work until such other 
 shaft or outlet shall have been com- 
 pleted, or until further, notified by such 
 inspector. (Laws 1907, p. 364.) 
 
 Sec. 8469. Inspection — ventilation. — 
 The state mine inspectors for lead mines, 
 zinc mines and other mines other than 
 coal are hereby authorized, empowered 
 and directed to thoroughly inspect all 
 underground excavations in all lead 
 mines, zinc mines and mines other than 
 coal, as often as the inspector may deem 
 proper, from and after the passage and 
 approval of this act, and ascertain the 
 condition of such underground excava- 
 tions with respect to the health of em- 
 ployes engaged in working in such un- 
 derground excavations; and, if after such 
 examination, the inspector shall find that 
 
54 
 
 the health of the employes is impaired 
 by reason of there not being sufficient 
 circulation of air or ventilaton for such 
 employes, it shall be the duty of such in- 
 spector to immediately notify the owner, ^ 
 agent or operator of such mine, in writ- 
 ing, specifying the underground excava- 
 tion so found to be unhealthful, and di- 
 rect such owner, agent or operator 
 such mine to, within fifteen days after 
 receiving such written notice, commence 
 to drill a sufficient number of air holes 
 for such underground excavation, at 
 some point or points to be agreed to by 
 such inspectors, and prosecute the drill- 
 ing of such air hole or holes with all 
 due diligence until they are completed. 
 And the inspectors shall have power, if 
 they deem it for the interest of the em- 
 ployes, to order all employes engaged 
 in working in such underground exca- 
 vations so affected by said notice to quit 
 work until such air hole or holes shall 
 have been completed, or until further 
 notified by such inspector. (Laws 1907, \ 
 
 P. ,364-) I 
 
 Sec. 8470. Penalty. — Every person, ^ 
 
 owner, agent or operator of any lead | 
 mines, zinc mines or mines other than 
 coal, who shall violate any of the pro- 
 visions of this act, shall be deemed guilty 
 of a misdemeanor, and upon conviction 
 thereof shall be punished by imprison- 
 ment in the county jail for a term not 
 exceeding six months, or by a fine not 
 less than one hundred dollars for each 
 
offense, or by both such fine and im- 
 prisonment. (Laws 1907, p. 364.) 
 
 Sec. 8471. In case of injury or death, 
 right of action. — For any injury to per- 
 > sons or property occasioned by any vio- 
 lation of this article or failure to com- 
 ply with any of its provisions, a right of 
 action shall accrue to the part}^ injured 
 ifor any direct damages sustained there- 
 by; and in case of loss of life by rea- 
 son of such violation or failure as afore- 
 said, a right of action shall accrue to the 
 widow of the person so killed, his lineal 
 heirs or adopted children, or to any per- 
 son 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 rea- 
 son of such loss of life or lives: Provided, 
 that all suits brought under this article 
 shall be commenced within one year 
 after any cause of action shall have ac- 
 crued under this article and not after- 
 ward; and provided further, that any per- 
 son entitled to sue under this section 
 ’ for loss of life or lives may recover any 
 sum not exceeding ten thousand dollars. 
 (R. S. 1899, § 8820.) 
 
 Sec. 8472. Rules of working mines — 
 penalty. — 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 airways, or carry any lighted lamps 
 ^ or matches into places that are worked 
 by the light of safety lamps, or shall 
 
56 
 
 handle or disturb any part of the ma- 
 chinery of the hoisting engine, or open 
 a door to a mine and not have the same 
 closed again, whereby danger is pro- , 
 duced, 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 ii\ 
 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. (R. S. 1899, 
 
 § 8821.) 
 
 Sec. 8473. Prop timbers. — The owner, 
 agent or operator of any mine shall keep 
 a sufficient supply of timber, when re- 
 quired to be used as props, so that the 
 workmen may at all times be able to 
 properly secure the said workings from i 
 caving in, and it shall be the duty of the i 
 
 owner, agent or operator to send down l 
 
 all such props when required. (R. S. ' 
 1899, § 8822.) ^ 
 
 Sec. 8474 Method of working on the i 
 room and pillar plan. — The owner, agent 
 or operator of any coal mine in this 
 state, employing five or more persons, 
 if said mine is worked on the room and 
 pillar plan, shall cause the work in such 
 mine to be prosecuted in the following 
 manner, and none other, to-wit: Two 
 
57 
 
 entries must be driven parallel for the 
 ingress and egress of the air, and cross- 
 cuts must be made at interv9.1s not to 
 exceed fifty feet apart, and no rooms, 
 entries or other openings sl'^all be al- 
 lowed to start inside of the last cross- 
 cut until the next one be made; and fur- 
 ^ther, that it shall be unlawful for any 
 owner, operator or agent for any per- 
 son, persons, corporation or company to 
 permit the mouth or mouths of worked 
 out or abandoned rooms or entries in 
 any coal mine to remain open for a 
 period exceeding one month from the 
 date of abandonment of any such room, 
 rooms, entry or entries. All such aban- 
 doned work as designated must be se- 
 curely sealed in such manner as will 
 effectually prevent the escape of all gases 
 or other impurities calculated to vitiate 
 the ventilative current of a mine: Pro- 
 vided, that the sealing of rooms and en- 
 tries herein provided for shall only be 
 required in such mines and places there- 
 in as the mine inspector shall in his dis- 
 cretion deem necessary for insuring the 
 health and safety of workmen therein. 
 (R. S. 1899, § 8823, amended. Laws 1907, 
 
 p. 363.) 
 
 Sec. 8475. Penalty. — Any owner, agent 
 or operator in charge of any coal mine 
 worked on the room and pillar plan fail- 
 ing to comply with the provisions of 
 section 8474 shall be deemed guilty of 
 a misdemeanor, and upon conviction 
 shall be punished by a fine of not less 
 
;8 
 
 than one hundred dollars nor more than 
 one thousand dollars, or by imprison- 
 ment in the county jail not less than six 
 months nor more than one year, or by 
 both such fine and imprisonment; and 
 every day that the mine is operated con- 
 trary to the provisions of section 8474, 
 after the owner, agent or operator in'' 
 charge thereof shall have been convicted 
 for a first offense under section 8474, 
 shall be and constitute a separate and 
 distinct subsequent offense, and shall be 
 punished as such. (R. S. 1899, § 8824.) 
 
 Sec. 8476. Notice to be given by in- 
 spector. — The state coal mine inspector 
 shall, after sections 8474 to 8476, in- 
 clusive, become a law, give notice, in 
 writing, to the owner, agent or operator 
 in charge of each coal mine in this state 
 now being worked on the room and pil- 
 lar plan, to conform the working of 
 such mine to the requirements herein- 
 before set out and prescribed; and such 
 owner, agent or operator shall have 
 thirty days in which to comply before 
 being liable to the penalty provided here- 
 in. (R. S. 1899, § 8825.) 
 
 Sec. 8477. Explosives to be kept in a 
 strong box — shot-firers to be employed. 
 All owners, agents or operators of coal 
 mines shall require of all miners or 
 other persons employed in and about 
 a mine, using gun or blasting powder or 
 other explosives, to have and keep a 
 strong box in which all surplus gun or 
 blasting powder or other explosives in 
 the mine shall be kept, excepting so 
 
59 
 
 much 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 kept nearer than one 
 ’hundred feet to the place of blasting. 
 And in all dry and dusty coal mines dis- 
 charging light carbonated hydrogen gas, 
 or in mines where the coal is blasted off 
 of the solid, shot-firers must be employed 
 by the operator of said mine or mines, 
 to fire all shots after the employes and 
 other persons have retired from the 
 mine. And all shots prepared by the 
 miner for the extraction of coal from 
 off of the solid, must be so placed, drilled 
 and charged, that the same, when fired, 
 shall perform safely the duty required 
 of such shots; but if the shot-firers find 
 or discover that a drill hole is gripping 
 too much or that it is drilled too much 
 into (what the miners term) “the tight,’’ 
 and as may in the judgment of the shot- 
 firers, prove a windy, blown-out or other- 
 wise dangerous shot, said shot-firers 
 shall there and then condemn such shot 
 as too dangerous to fire and pass the 
 same without firing it. It shall also be 
 the duty of the shot-firers to notify the 
 mine foreman as soon as practicable, 
 when a shot is condemned, who shall 
 in turn attract the attention of the miner 
 or miners responsible for the preparation 
 ^of said condemned shot and said miner 
 or miners shall immediately after re- 
 turning to work provide the necessai*}^ 
 ^-remedy to render the said condemned 
 
6o 
 
 shot harmless. (R. S. 1899, § 8826, 
 amended, Laws 1901, p. 214, Laws 1903, 
 
 p- 247.) 
 
 Sec. 8478. Penalty. — Any agent, owner 
 or operator of any coal mine in this ^ 
 state violating the provisions of the pre- 
 ceding section shall be deemed guilty 
 of a misdemeanor, and for each offense 
 on conviction shall be fined not less than 
 one hundred dollars nor more than two 
 hundred and fifty dollars, or by imprison- 
 ment in the county jail not less than 
 six months nor more than one year, or 
 by both such fine and imprisonment, 
 proceedings to be instituted in any 
 court having competent jurisdiction. 
 (R. S. 1899, § 8827, amended. Laws 1901, 
 p. 214, Laws 1903, p. 247.) 
 
 Sec. 8479. Qualification of miners - 
 Any person desiring to perform the 
 work of a coal miner and for himself to 
 conduct room, entry or other under- 
 ground mining in coal mines of this 
 state, shall, before being permitted to 
 engage in such work, produce evidence 
 of a satisfactory nature that he has for j 
 one year worked in coal mines with or . 
 as a practical miner; such applicant to 
 furnish evidence of his experience and 
 qualifications to the coal mine inspector, 
 or to the person designated by said in- 
 spector to pass upon the competency of 
 such applicant, and until said applicant 
 shall have fully satisfied the coal mine 
 inspector or the party designated by the 
 said inspector at the mine, wherein such ■ 
 employment is sought of his fitness to 
 
6i 
 
 perform the duties as above mentioned, 
 he shall not be permitted to mine coal 
 unless associated with a practical miner 
 for such length of time as will qualify 
 ’ said applicant to safely for himself and 
 others perform underground work, and 
 any owner, agent or operator of any coal 
 ,mine in this state who shall knowingly 
 violate any of the provisions of this 
 section shall be deemed guilty of a mis- 
 demeanor, and upon conviction, shall 
 be punished by a fine of not less than 
 fifty dollars nor more than two hundred 
 dollars for each and every ofifense, or 
 by imprisonment in the county jail for 
 a period of not less than thirty days nor 
 more than sixty days, or by both such 
 fine and imprisonment, proceedings to 
 be instituted in any court having com- 
 petent jurisdiction. (R. S. 1899, § 8828, 
 amended. Laws 1901, p. 215.) 
 
 ARTICLE III. 
 
 State Mining Board — Powers and 
 Duties of. 
 
 (Secs. 8480-8498, both inclusive.) 
 
 Note — The law creating a State Board 
 of Coal Mining is omitted, for the reason 
 that same is inoperative, no board hav- 
 ing been appointed since the enactment 
 of the law, and no appropriation to de- 
 fray expenses of board was made. 
 
 DAMAGES: Mining — Fellow Servants. 
 
 Sec. 5440. I Mine operator liable for 
 acts of agents and servants. — That every 
 
62 
 
 person, company or corporation operat- 
 ing a mine or mines in this state pro- 
 ducing lead, zinc, coal or other valuable 
 minerals, shall be liable for all damages 
 sustained by any agent or servant there- / 
 of while engaged in operating such mine 
 or mines, by reason of the negligence of 
 any other agent or servant thereof: 
 Provided, that it may be shown in deV 
 fense that the person injured was guilty 
 of negligence contributing as a proxi- 
 mate cause to produce the injury. (Laws 
 1907, p. 104.) 
 
 Sec. 5441. Certain persons declared 
 fellow servants. — That all persons en- 
 gaged in the service of any such person, 
 company or corporation doing business 
 in this state, who are entrusted by such 
 person, company or corporation with the 
 authority of superintendence, control or 
 command of other persons in the em- 
 ploy or service of such person, company 
 or corporation, or with authority to di- 
 rect any other servant in the perform- 
 ance of any duty of such servant, or 
 with the duty of inspection or other 
 duty owing by the master to the ser- 
 vant, are vice-principals of such person, 
 company or corporation, and are not 
 fellow-servants with such employes. 
 (Laws 1907, p. 104.) 
 
 Sec. 5442. Fellow servants defined. — 
 That all persons who are engaged in the 
 common service of such person, com- 
 pany or corporation operating a mine 
 or mines, and while so engaged are work- 
 
63 
 
 ing together at the same time and place 
 to a common purpose of the same grade, 
 neither of such persons being entrusted 
 by such person, company or corpora- 
 ^tion v/ith any superintendence or con- 
 trol over their fellow-employes, are fel- 
 low-servants with each other. (Laws 
 
 1907, p. 104.) 
 
 Sec. 5443. Certain contracts declared 
 
 void. — No contracts made between any 
 person, company or corporation so oper- 
 ating such mine or mines and their 
 agents or servants, based upon the con- 
 tingency of the injury or death to any 
 such agent or servant, limiting the lia- 
 bility of the employer for any damages 
 under the provisions of this act, shall be 
 valid or binding, but all such contracts 
 or agreements shall be null and void. 
 (Laws 1907, p. 104.) 
 
 Sec. 5444. Certain employes exempt 
 from provisions of act. — Nothing in this 
 act shall be so construed as applying to 
 or 'including the operation, construction 
 or repairing of concentrating mills, 
 flumes or tramways wholly above 
 ground. (Laws 1907, p. 104.) 
 
 Sec. 5445. Survival of right of action, , 
 in favor of whom, and when. — Whenever 
 any cause of action shall accrue to any 
 agent or servant of any person, com- 
 pany or corporation under an act en- 
 titled “An act to define the liabilities of 
 mine operators in relation to damages 
 sustained by their employes, and to de- 
 fine who are fellow-servants and who 
 
64 
 
 are not fellow-servants, and to prohibit 
 contracts limiting liability under this 
 act,^’ approved May lo, 1907, and death 
 shall ensue to such agent or servant by 
 reason of the negligence provided for'^' 
 in said act, the cause of action shall sur- 
 vive in favor of the widow and minor 
 children of the deceased: Provided, that 
 action therefor shall be brought by the 
 widow within six months after such 
 death, and if she shall fail to bring such 
 action, then within twelve months after 
 such death by such minor children; and 
 provided, farther, that recovery in case 
 of such death shall not exceed the sum 
 of ten thousand dollars. (Laws 1907, P- 
 104, amended. Laws 1909, p. 463.) 
 
INDEX 
 
 General laws applying to mines, mining and 
 mine inspection. 
 
 ACCIDENTS— Sec. Page, 
 
 coroner to be notified, when. . 8462 45 
 
 inspector to be informed of. . 8462 45 
 
 . inspector to go to scene, when. 8462 45 
 
 ^inspector to make report of . . . 8462 45 
 
 inspector to take deposition. . . 8462 45 
 
 mine operator liable 5440 61 
 
 right of action 8471 55 
 
 ACTION— 
 
 mine operator liable 5440 61 
 
 right of, for injury or death.. 8470 54 
 
 survival of right of 5445 63 
 
 BOILER IRON— 
 
 cages to be covered with 8456 39 
 
 BOUNDARY— 
 
 map showing same 8441 29 
 
 relative to mining claims 8414 10 
 
 BUREAU OP MINES — 
 
 established 8464 46 
 
 inspection districts — state di- 
 vided 8464 46 
 
 inspectors, how appointed.... 8464 46 
 
 number of state mine inspectors 8464 46 
 
 office, where located 8464 46 
 
 qualifications of inspectors.... 8464 46 
 
 salary of inspectors 8464 46 
 
 secretary of — appointment — 
 
 duties, etc 8464 46 
 
 CAGES— 
 
 covered with boiler iron 8456 39 
 
 limited to twelve persons 8457 41 
 
 not to ride on when loaded... 8457 41 
 
 safety catches for 8456 39 
 
 to be supplied with guides. ... 8456 39 
 
 COAL MINES — (see special laws.) 
 
 ( 65 ) 
 
66 
 
 CONTRACTS — Sec. Page. 
 
 on contingency of injury void. 5443 63 
 
 COUNTY COURT— 
 
 copy of mine map filed with. . 8441 29 
 
 mine map to be corrected. ... 8441 29/ 
 
 COURT — 
 
 injunction granted, when..,.. 8413 9 
 
 power of court 8413 9 
 
 DAY— t 
 
 eight hours for miners 8437 'Hi 
 
 / DAMAGES — 
 
 mine operator liable 5440- 61 
 
 survival of right of action... 5445' 63 
 
 DEPOSITIONS — 
 
 inspector to take, when 8462 45 
 
 EIGHT HOURS— 
 
 day’s work for miners 8437 27 
 
 EMPLOYES— 
 
 age, limit of 8456 39 
 
 brought to surface for meals. . 8439 28 
 
 certain persons not to work. . 8456 39 
 
 eight hours labor 8438 28 
 
 fellow servants defined 5442 62 
 
 fellow servants, who exempt. . 5444 63 
 
 in charge of hoisting ma- 
 chinery 8457 41 
 
 limited number on cage 8457 41 
 
 mines employing ten or more. 8441 29 
 
 not permitted on loaded cage. . 8457 41 
 
 right of action 8470 54 
 
 wages, etc 8435 26 
 
 ENGINEER — 
 
 qualification — age limit 8457 41 
 
 EXCAVATION — , 
 
 under public highways 8427 20 
 
 EXPLOSIONS — (see accidents.) 
 
 FELLOW SERVANTS— 
 
 defined 5442 62 
 
 employes exempt 5444 63^ 
 
 mine operators liable 5440 61 
 
 FORFEITURE- 
 
 of rights to work mine 8409 4 
 
 
6 ; 
 
 GUIDES — Sec. Page. 
 
 required on cages 8456 39 
 
 HIGHWAYS — (see public highways.) 
 HOISTING— 
 
 ^ means of signaling required. . 7456 39 
 
 person in control of machinery. 8457 41 
 
 props or rails not to be 
 
 lowered, when 8456 39 
 
 INSPECTORS— 
 
 ' accidents, causes investigated. 8462 45 
 
 districts — state divided, how. . 8464 46 
 
 duties regarding health and 
 
 safety 8465 48 
 
 how appointed — duty of — term.- 8464 46 
 
 may enter any mine 8467 50 
 
 personnel of bureau 1 
 
 salary of 8464 46 
 
 to be notified of abandoned 
 
 works 8441 2 9 
 
 to close mine, when and how. 8467 50 
 
 to go to scene of accident, when 8462 45 
 
 to make map, when 8442 31 
 
 to make report of accidents... 8462 45 
 
 to make report to Governor. . . 8465 48 
 
 to take depositions, when.... 8462 45 
 
 INJUNCTION— 
 
 dissolution application 8413 9 
 
 inspector to proceed by, when. 8467 50 
 
 power of court 8413 9 
 
 to enjoin working of mine.... 8413 9 
 
 JUSTICE OF THE PEACE — 
 
 survey ordered by 8414 10 
 
 UANDS — 
 
 working beyond boundary. ... 8414 10 
 
 LEAD AND ZINC MINES— (see 
 special laws. ) 
 
 LEASEHOLD— 
 
 terms of, posted 8408 3 
 
 LESSEE — (see operator.) 
 
 MAPS — 
 
 of mines to be prepared 8441 29 
 
 of mine made by inspector, when 8442 31 
 
68 
 
 MEALS— Sec. Page. 
 
 miners brought to surface for. 8439 28 
 
 MINING— 
 
 relative to royalty 8410 7 
 
 royalty paid when 8409 6 
 
 MINES — 
 
 abandoned, how 8441 29 
 
 boundary lines 8441 29 
 
 boundary, relation to 8414 10 
 
 closed by inspector, how 8467 ^ 
 
 injunction or restraining orders 8413 9 
 
 inspector may enter 8467 - 50 
 
 new operations ,to be reported. 8465 48 
 
 MINERAL— 
 
 notice to landowner 8411 7 
 
 royalty paid when 8409 6 
 
 sale of 8412 8 
 
 MINERAL LANDS— 
 
 permit to mine, forfeited when 8408 3 
 
 permit to mine posted 8408 3 
 
 OATHS — ( see accidents. ) 
 
 OPERATORS— 
 
 hoisting machinery operated 
 
 .by whom 8457 41 
 
 mine map, relative to 8442 31 
 
 to furnish facilities to enter 
 
 mine . 8467 50 
 
 to furnish inspector map 8441 29 
 
 to keep supply of prop timber. 8473 56 
 
 to make map of mine 8441 29 
 
 to make report, when 8465 48 
 
 to provide means of signaling. 8456 39 
 
 to report new mines 8465 '48 
 
 to require monthly statement 
 
 from Avhom 8465 48 
 
 ORE AND OTHER MINERALS — 
 
 sale of 8412 8 
 
 OWNERS — ( see operators. ) 
 
 PENALTIES — 
 
 excavating under highways — 8429 21 
 
 for failure to bring miners to 
 
 surface, when 8439 28 
 
69 
 
 PENALTIES — Continued — Sec. Page, 
 
 for failure to make report. . . . 8466 50 
 
 for failure to pay employes. . . 8435 26 
 
 for failure to report accidents. 8462 46 
 
 ^ for general misdeeds in mine. 8472 55 
 
 for hindering making of survey 8416 11 
 
 for injury to mining property. 8472 55 
 
 for violation of eight-hour law. 8438 28 
 
 for violations when penalty is 
 
 not otherwise fixed 8463 46 
 
 relative to age limit — safety 
 
 catches — signaling, etc 8456 39 
 
 PROP TIMBERS — 
 
 sufficient supply required 8473 56 
 
 PUBLIC HIGHWAYS— 
 
 excavation under, prohibited. . 8428 20 
 
 RAILROADS— 
 
 excavating under, prohibited. . 8427 20 
 
 REPORT— 
 
 by inspectors to governor. ... 8465 48 
 
 delinquents reported to prose- 
 cuting attorney 8466 50 
 
 RIGHTS OP MINERS— 
 
 forfeiture of rights 8408 3 
 
 forfeiture of rights 8409 4 
 
 terms and conditions to be 
 
 posted 8408 3 
 
 ROYALTY FOR MINING — 
 
 paid when 8409 6 
 
 tender of payment 8410 7 
 
 SAFETY CATCHES— 
 
 on cages required 8456 39 
 
 SALARIES — (see bureau of mines.) 
 
 SALES— 
 
 report of, sent to inspector... 8465 48 
 
 SECRETARY — (see bureau of mines.) 
 
 SIGNALINGS— 
 
 suitable means of, reqviired... 8456 39 
 
 ^ SURVEYOR— 
 
 to make survey 8414 10 
 
 to read order 8415 11 
 
 r 
 
70 
 
 WAGES— Sec. Page. 
 
 operators may withhold 8435 26 
 
 paid semi-monthly 8435 26 
 
 WITNESSES — (see accidents.) 
 
 Special laws applying to coal mines. 
 
 (See general laws.) 
 ACCIDENTS — (see general laws.) 
 
 AIR — (see ventilation.) 
 
 AIR CURRENTS — (see ventilation.) 
 
 APPLICATION of certain sec- 
 tions 8427 
 
 BLASTING HOLES— 
 
 charged how 8449 
 
 BOARD— 
 
 of mining 8480 
 
 BOILERS— 
 
 examination certified to in- 
 spector 8461 
 
 steam — examined semi-annually 8461 
 BOND — 
 
 amount required 8422 
 
 circuit court to approve 8420 
 
 indemnity required 8419 
 
 sureties required 8423 
 
 BORE HOLES— 
 
 kept twenty feet in advance. . 8455 
 CAGES— 
 
 covered with boiler iron 8456 
 
 number of men to ride in.... 8457 
 CHECK- WEIGHMAN— ( see weighing. ) 
 CITIES — 
 
 indemnity bond required 8419 
 
 permit issued by 8421 
 
 DAY— 
 
 eight hours — (see general law.) 
 DIAGRAM OP MINE— 
 
 county surveyor to make 8426 
 
 filed with circuit clerk 8426 
 
 forfeiture of mining privilege. 8426 
 
 20 
 
 36 
 
 61 
 
 44 
 
 44 
 
 16 
 
 14 
 
 14 
 
 17 
 
 39 
 
 39 
 
 41 
 
 14 
 
 15 
 
 19 
 
 19 
 
 19 
 
71 
 
 DOORS — Sec. Page. 
 
 how constructed 8445 33 
 
 DRIFTS— 
 
 outlets required 8443 31 
 
 i EIGHT HOURS— (see general law.) 
 EMPLOYES— 
 
 blasting holes, how charged. . 8449 36 
 
 eight hours labor 8437 27 
 
 # escapement shafts for 8443 31 
 
 experience required to handle 
 
 explosives 8448 35 
 
 liens, etc 8436 27 
 
 limited in certain mines 8443 31 
 
 loaders, duties of 8433 25 
 
 qualification of miners 8479 60 
 
 screening coal 8430 21 
 
 semi-weekly inspection 8458 41 
 
 wages 8435 26 
 
 weighman, duties of, etc 8431 22 
 
 ESCAPEMENT — 
 
 shaft, how constructed 8443 31 
 
 EXLOSIVES— 
 
 experienced person to handle. 8448 35 
 
 to be kept in strong box 8477 58 
 
 FIRE DAMP— 
 
 relative to 8445 33 
 
 GAS— 
 
 mines generating 8447 34 
 
 mines to be examined daily. . 8447 34 
 
 HOISTING— 
 
 coal not to be hoisted, when. . 8457 41 
 
 competent persons at top and 
 
 bottom of shaft 8460 43 
 
 semi- weekly inspection 8458 41 
 
 velocity of 8457 41 
 
 INSPECTO ^ 
 
 boiler ex;---" Ta^ion certified to. 8461 44 
 
 of weigliLo, measures and scales 8434 25 
 
 to determine number to ride 
 cage 8457 41 
 
 1 
 
72 
 
 INSPECTOR — Continued — Sec. Page, 
 
 to examine daily record of gase- 
 ous mines 8447 34 
 
 to give notice of new law. ... 8476 58 
 
 to make test of oils 8454 39 
 
 to order room sealed 8474 56 
 
 to pass on qualifications of 
 
 miner 8479 60 
 
 to test scales 8434 3 5 
 
 ventilation inspected by 8445 35 
 
 LIENS— 
 
 employes have, for work done. 8436 27 
 
 property subject to 8436 27 
 
 LOADERS— 
 
 manner of weighing 8433 25 
 
 LOWERING — (see hoisting.) 
 
 MAP OP MINE — (see diagram. ) 
 
 MINERS — (see employes.) ' 
 
 MINES — 
 
 abandoned, rooms to be sealed. 8474 56 
 
 abandoned, securely fenced. . . 8461 44 
 
 dry and dusty — regulation for. 8449 36 
 
 examined daily, when 8447 34 
 
 method of working 84 <4 56 
 
 MINING — 
 
 board of — powers, etc 8480 61 
 
 NOTICE— 
 
 of intention to mine 8420 14 
 
 OILS— 
 
 barrels or packages branded, 
 
 how 8452 3b 
 
 for illuminating purposes 8452 36 
 
 inspector to make test 8454 39 
 
 test of 8452 36 
 
 violations prosecuted, how. ... 8454 39 
 
 OPERATOR — 
 
 can employ only five men, when 8443 31 
 
 relative to twenty-five men 
 
 employed 8460 43 
 
 to construct escapement shaft. 8443 31 
 
73 
 
 OPERATOR — Continued — Sec. Page, 
 
 to employ competent person at 
 
 top of shaft — duty of 8460 43 
 
 to keep bore-holes, how 8455 39 
 
 to maintain semi-weekly in- 
 spection 8458 41 
 
 OUTLETS — (see shafts.) 
 
 OWNER — (see operator.) 
 
 PENALTIES— 
 
 ^ failure to employ shot-firers.. 8478 60 
 
 failure to employ man at top 
 
 of shaft 8460 43 
 
 failure to file diagram 8426 19 
 
 failure to keep powder in strong 
 
 box 8478 60 
 
 failure to keep roadways clean. 8443 31 
 
 failure to properly adjust 
 
 scales 8434 26 
 
 failure to provide escapement. 8444 32 
 
 failure to provide semi-weekly 
 
 inspection 8459 42 
 
 failure to qualify as miner .... 8479 60 
 
 for mining without permit.... 8424 18 
 
 for screening coal before weigh- 
 ing 8430 21 
 
 for using false scales 8432 24 
 
 for violation of certain sections 8451 36 
 
 if oils are not branded 8453 38 
 
 indemnity bond, failure to se- 
 cure 8419 14 
 
 relative to entries and crosscuts 8474 56 
 
 relative to weighing 8431 22 
 
 PERMIT TO MINE— 
 
 circuit court to hear testimony 8422 16 
 
 cost paid, how 8425 19 
 
 mayor and council to issue. ... 8421 15 
 
 permission of property owners 8424 18 
 
 PILLAR AND ROOM — 
 
 (see room and pillar.) 
 
 PLAT OP MINE — (see diagram.) 
 
 r 
 
74 
 
 POWDER — Sec. Pa&e. 
 
 in dry and dusty mines 8449 36 
 
 PUBLICATION OF — 
 
 intention to mine 8420 14 
 
 ROADWAYS— 
 
 to be kept clean 8443 31 
 
 ROOM AND PILLAR— 
 
 abandoned rooms to be sealed. 8474 56 
 
 method of working* 8474 56 
 
 two entries necessary 8474 
 
 when five or more persons are 
 
 employed 8474 56 
 
 SCALES — (see weighing.) 
 
 SCREENINGLt- 
 
 before weighing prohibited. . . 8430 21 
 
 SHAFTS— 
 
 air shaft no escapement shaft. 8443 31 
 
 escapements, how constructed. . 8443 31 
 
 top of, to be fenced.... 8461 44 
 
 SHOT FIRERS— 
 
 to be employed, when 8477 58 
 
 SIGNALING — 
 
 between stepping places 8461 44 
 
 SLOPE — 
 
 entrance fenced 8461 44 
 
 outlets required 8443 31 
 
 SPLITS — (see ventilation.) 
 
 STATE MINING BOARD 8480 61 
 
 STEAM BOILERS— (see boilers.) 
 
 SUMPS— 
 
 to be planked over 8450 36 
 
 TRAPPER — 
 
 to be employed, when 8445 33 
 
 TRAVELING WAYS— 
 
 through shafts, etc 8450 36 
 
 VENTILATION — 
 
 air shaft separate 8443 31 
 
 boy or trapper to be employed, 
 
 when 8445 33 
 
 cross-cuts necessary 8474 56 
 
 doors, how constructed 8445 33 
 
75 
 
 VENTILATION — Continued — Sec. Page, 
 
 gas — number of men — splits. . 8447 34 
 
 good and sufficient — amount 
 
 required 8445 83 
 
 inspector to make inspection. 8445 33 
 
 \ means of providing 8445 33 
 
 relative to splits 8445 33 
 
 separate air currents required. 8446 34 
 
 WAGES — (see general law.) 
 
 ^employes’ lien 8436 27 
 
 WEIGHING — 
 
 duty of loaders 8433 25 
 
 inspection of scales 8434 25 
 
 miners may select weighman. 8431 22 
 
 powers of special weighman... 8431 22 
 
 scales located where 8432 24 
 
 to be done before screening... 8430 21 
 
 weighman to take oath 8431 22 
 
 WEIGHTS, MEASURES AND 
 
 SCALES 8434 25 
 
 ZINC AND LEAD MINES— 
 
 (see special laws.) 
 
 Special laws applying to all mines other 
 than coal. 
 
 (See General Laws.) 
 ACCIDENTS — (see general law.) 
 
 AIR HOLES— 
 
 required, when 8469 53 
 
 DAY— 
 
 eight hours — (see general law.) 
 DRAINAGE— 
 
 of mine 8417 12 
 
 EMPLOYES — 
 
 eight hours labor 8437 27 
 
 wages 8435 26 
 
 INSPECTORS— 
 
 duties, powers, etc 8468 52 
 
 to inspect all underground ex- 
 cavations 8469 53 
 
 f 
 
76 
 
 LESSEE— Sec. Page. 
 
 drainage of mine 8417 12 
 
 pump-rent 8417 12 
 
 MINE— 
 
 when dangerous to be closed. . 8468 52 
 
 ORE— 
 
 scrapping for, prohibited 8418 13 
 
 OWNER— 
 
 drainage of mine 8417 12 
 
 pump-rent 8417 '^2 
 
 PENALTIES— 
 
 failure to provide proper venti- 
 lation 8470 54 
 
 scrapping prohibited 8418 13 
 
 PUMP RENT— 
 
 not collectible, when 8417 12 
 
 ROYALTY— 
 
 not collectible, when 8417 12 
 
 SCRAPPING— 
 
 prohibited 8418 13 
 
 SHAFTS — 
 
 to sink another, when 8468 52 
 
 VENTILATION — 
 
 inspection of 8469 53 
 
 WAGES — (see general law.) 
 
 V 
 
' i 
 
 '1 
 
 '