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2. PURPOSE OF STATUTE-POLICE POWER.

The legislature in the exercise of the police power of the state may prescribe regulations for securing the admission of qualified persons to all callings which demand special knowledge, experience or skill and in no calling is there a more imperious demand for experience, knowledge and skill than in that of mining coal. The miner works underground by artificial light, surrounded by dangers, and unless protected from the negligence of operators and unskillfulness of his fellow miners a disaster may take place without a moment's warning, destroying the mine and all persons working therein, hence legislation is enacted for the purpose of protecting the miners from the negligent acts of mine operators. The purpose of this statute was to go a step further and protect the skilled workmen in coal mines as far as possible from the unskillfulness of unskilled laborers in the mine. This legislation was therefor provided with a view to make safe as far as possible the mining of coal, and concerning the preservation and health and lives of all that class of men who were engaged in mining coal in the state, and the statute is not in violation of the provisions of the constitution. People v. Evans, 247 Ill. 547, p. 555.

3. MEMBERS OF BOARD--RESIDENCE AND QUALIFICATION.

This act does not require members of the Miners' Examining Boards to be appointed in the county in which they reside, but they must be "actually engaged in mining coal in the county for which they are appointed." The "residence" of the board means the place for which the members of the board may be appointed, and means a county in which they are actually engaged in the mining of coal.

People v. Evans, 247 Ill. 547, p. 561.

The residence of the Miners' Examining Board under the statute should be construed as authorizing the Miners' Examining Board of any county to examine all miners who reside in a county where no Miners' Examining Board has been appointed, or who reside outside of the state and desire to be examined with a view of becoming employed in coal mining in this state and in the county in which the board to which application for examination was made, has been appointed and was then in session. It is not intended to mean the county in which the members of the board may live. People v. Evans, 247 Ill. 547, p. 561.

4. CERTIFICATED MINERS EMPLOYMENT-CAPACITY.

A certificate under the act of 1909 authorizes the holder to be employed as and to do the work of miners. The certificate is evidence that the holder possesses the qualifications" to do the work of miners," but it does not necessarily show that he possesses the practical experience required of a shot firer. Kulvie v. Bunsen Coal Co., 253 II, 386, p. 390.

This act amends the act of 1908 and provides that certificates shall be issued to applicants found qualified upon examination which shall entitle the holder to be employed as and do the work of miners. The certificate is evidence that the holder possesses the qualifications to do the work of miners, but does not necessarily show that he possesses the practical experience required of a shot-firer. Kulvie v. Bunsen Coal Co., 253 Ill. 386, p. 390.

The statute does not authorize the employment of a miner as a shot-firer where his certificate of competency given him by the examining board gives him the right to seek employment as a "coal miner" merely and not as a “shotfirer."

Kulvie v. Bunsen Coal Co., 161 Ill. App. 617, p. 620.

Section 5 of the acts of 1907-8 and of 1909, and section 8 of the act of 1913, provide for examination and issuing of certificates to miners and require the board to keep an accurate record of the proceedings and to show a detailed account of the examination of each applicant. In an action where the question of the authority of a person to act as a certificated miner arises, proof of such fact must be made by the original record, unless it is shown that the production of such original record is impossible.

Kulvic v. Bunsen Coal Co., 161 Ill. App. 617, p. 621.

5. VIOLATION OF STATUTE-PENALTY,

The statute provides that no person shall engage as a miner in a coal mine without having obtained the proper certificate and makes the same a misdemeanor, but the act does not provide for a recovery of damages resulting from its violation.

Seghetti v. Berry Coal Co., 186 Ill. App. 263, p. 266.

There is a distinction and a difference between statutes that do and do not provide for the recovery of damages for injuries resulting from their violation. Seghetti v. Berry Coal Co., 186 Ill. App. 263, p. 266.

MINERS' EXAMINING BOARD-APPROPRIATION.

LAWS 1913, 95, P. 107.

JUNE 30, 1913.

AN ACT to provide for the ordinary and contingent expenses of the State Government, etc. SEC. 1. Be it enacted, etc.: That the following sums be, and are hereby, appropriated to meet the ordinary and contingent expenses of the State Govern ment, etc.:

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To the State Mine (Miners') Examining Board $3,600 per annum.

LAWS 1915, 203, P. 215.

APPROPRIATION.

JUNE 29, 1915.

AN ACT to provide for the ordinary and contingent expenses of the State Government, etc. SEC. 1. Be it enacted, etc.: That the following named sums be, and are hereby appropriated to meet the ordinary and contingent expenses of the State Government, etc.:

Forty-first. To the State Mine (Miner's) Examining Board, for clerk, $100 per month for twelve months the sum of $1.200; for one stenographer $720.00 per annum; for stationery, $25 per annum; for typewriter and supplies, $100; for traveling expenses of members of the board, $3,600 per annum,

MINERS' INSTITUTES.

MINERS' AND MECHANICS' INSTITUTES.

(REPEALED. SEE PAGE 439.)

LAWS 1911, P. 329.

MAY 25, 1911.

AN ACT to prevent accidents in mines and other industrial plants and to conserve the resources of the State by the establishment of Illinois Miners' and Mechanics' Institutes and for the administration and support of the same.

SECTION 1. Be it enacted, etc.: That in order to prevent accidents in mines and other industrial plants and to conserve the resources of the State, by the education and training of all classes of workers in and about the mines and other industrial plants of the State, there shall be established and maintained a form of educational betterment work, which shall be known as the Illinois Miners' and Mechanics' Institutes.

SEC. 2. That is shall be the purpose of such Illinois Miners' and Mechanics' Institutes to promote the technical efficiency of all persons working in and about the mines and other industrial plants of the State and to assist them to better overcome the increasing difficulties of mining and other industrial employments. In the development of this purpose, any and all means may be employed which promise to give desired results such as bulletins, traveling libraries, lectures, correspondence work, classes for systematic instruction, or meetings for the reading and discussion of papers.

SEC. 3. That the administration of the Illinois Miners' and Mechanics' Institutes, as provided in section 1 hereof, shall vest in the trustees of the University of Illinois; that all money appropriated by the State for the purpose of this Act shall be made available to said trustees; and that the said trustees be and hereby are authorized and directed to proceed with the work of the organization, maintenance and administration through their regularly authorized agents, aided by such other persons as in their judgment the work may require.

SEC. 4. The State Board of Contracts is hereby authorized and directed to provide all necessary printing for the Illinois Miners' and Mechanics' Institute, including such bulletins as may be published from time to time by the Illinois Miners' and Mechanics' Institutes.

LAWS 1913, 95, P. 119.

APPROPRIATION.

JUNE 30, 1913.

AN ACT to provide for the ordinary and contingent expenses of the State Government, etc.

SEC. 1. Be it enacted, etc.: That the following sums be, and are hereby, appropriated to meet the ordinary and contingent expenses of the State Government, etc.

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For Miners and Mechanics Institute, $15,000 per annum.

LAWS 1895, P. 242.

MINERS' LIENS.

LABORERS' AND MINERS' LIENS.

JUNE 21, 1895.

WAGES OF MINERS AND LABORERS AT COAL MINES LIENS ON ALL PROPERTY.

AN ACT to protect laborers and miners for labor performed in developing and working in coal mines.

SECTION 1. Be it enacted, etc.: That every laborer or miner who shall perform labor in opening and developing any coal mine, including sinking shafts, constructing slopes or drifts, mining coal and the like, shall have a lien upon all the property of the person, firm or corporation owning, constructing or operating such mine, used in the construction or operation thereof, including real estate, buildings, engines, cars, mules, scales and all other personal property, for the value of such labor for the full amount thereof, upon the same terms, with the same rights and to be secured and enforced as mechanics' liens are secured and enforced.

ANNOTATIONS.

1. MINERS EMPLOYED BY RECEIVER.

2. CHARACTER OF WORK-APPLICATION OF STATUTE.

1. MINERS EMPLOYED BY RECEIVER.

Under this statute miners who were employed by a receiver and who performed any of the labor specified in this statute are entitled to hold and enforce a lien under the statute for the value of the labor performed, and where such receiver is authorized to operate and improve the mine in order to preserve it. Traylor v. Barry, 96 Ill. App. 644, p. 649.

2. CHARACTER OF WORK--APPLICATION OF STATUTE.

Miners employed in the ordinary mining of coal are not entitled to have a lien declared and enforced for such labor against the real estate of a mine operator consisting of 80 acres of land, machinery and appurtenances.

Borders v. Uhe, 88 Ill. App. 634, p. 636.

The statute of 1895 gives a lien for labor in opening and developing a mine. Such labor may consist in sinking shafts, constructing slopes or drifts, mining coal or the like, but to entitle the laborer to a lien such labor is restricted to "opening and developing mines." The court will not presume that when the legislature used these limiting words that nothing was meant by them or by so using them a lien was intended to be given on the real estate and the appurteDances of a mine to every miner who dug coal in the mine after it was opened and developed.

Borders v. Uhe, 88 Ill. App. 634, p. 636.

LAWS 1891, P. 212.

MINERS' WAGES-PAYMENT.

TRUCK SYSTEM PROHIBITED.

MAY 28, 1891.

AN ACT to provide for the payment of wages in lawful money, and to prohibit the truck system, and to prevent deductions from wages except for lawful money actually advanced.

SECTION 1. Be it enacted, etc.: That it shall be unlawful for any person, company, corporation or association, now engaged or hereafter to be engaged in any mining or manufacturing business in this State, to engage in, or be interested in, directly or indirectly, in keeping of a truck store, or controlling of any store, shop or scheme for the furnishing of supplies, tools, clothing, provisions or groceries to his its or their employees while so engaged in mining or manufacturing.

SEC. 2. Every person, company, corporation or association found guilty of violating section 1 of this act, either by himself, its or their agents, servants or employes, or partners, shall be guilty of a misdemeanor for each and every day such business is done in violation of said section, and on conviction will be liable to a fine for each offense of not less than fifty (50) nor more than two hundred (200) dollars, to be recovered in the name of the people, for the use of the school fund, and any person having knowledge of the fact that said section has been violated, may make complaint and cause summons or warrant to be issued.

SEC. 3. It shall be unlawful for any person, company, corporation or association, employing workmen in this State, to make deductions from the wages of his, its or their workmen, except for lawful money, checks or drafts actually advanced without discount, and except such sums as may be agreed upon be tween employer and employe, which may be deducted for hospital or relief fund for sick or injured employees.

SEC. 4. Any deductions made from the wages of any workman in this State, except as provided in section 3 of this act, may be recovered in any appropriate actions before any court of competent jurisdiction, together with such reasonable attorney's fee as the court in its discretion shall think proper, and no offset or counter claim of any kind shall be allowed in such action or proceeding. SEC. 5. All attempts to evade or avoid the provisions of this act, by contract or otherwise, shall be deemed a violation thereof, and for every violation, in addition to the civil remedy provided for in section 4, there shall, on convietion, be a fine imposed of not less than fifty (50) nor more than two hundred (200) dollars for each offense.

SEC. 6. Nothing in this act shall be so construed as to include the business of farmers, or farm laborers, or servants.

ANNOTATIONS.

CONSTRUCTION AND VALIDITY OF STATUTE.

The first section of this act makes it unlawful for a person or corporation engaged in mining or manufacturing, to engage or be interested directly or indirectly in keeping or controlling any truck store, shop or scheme for the

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