clerk of the county in which said manufacturing or compound is desired to be done, duly attested with the seal of such official, and said county clerk shall Issue such permit when the consent in writing is presented, of a majority of the legal voters residing within a radius of one-half (1) mile of such place of making and manufacturing, and filed with him, and the official issuing said permit shall keep a record of said permit and contents and of the names and residences of the persons to whom such writ or permit is issued. The officer authorized by this act, shall not issue such permit unless the purpose for which such explosive or compound is to be manufactured is a lawful one. Any person, firm, company or corporation making any such compound without such permit shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine and imprisonment in the county jail of not to exceed one year, or both in the discretion of the court, such fine to be not less than two hundred dollars nor more than one thousand dollars, and for a second offense shall be deemed guilty of a felony and be subject to imprisonment in the peni tentiary for not less than one year nor more than five years, and a fine of not less than five hundred dollars nor more than two thousand dollars.

NOTE-Section 4 of the original act of June 16, 1887, was first amended by the act of May 28, 1889. The same section was again amended by the act of May 15, 1903, and again amended by the act of June 25, 1915. Under familiar rules of constitutional law and statutory construction, an act that has been amended is functus officio and any second or subsequent act attempting to amend the original act after it has once been amended is void. Under this rule both the acts of May 15, 1903, and June 25, 1915, would be void. The question remains whether such an amendatory act is made valid by reciting in the title that the act amends a certain original act "as amended by an act of the General Assembly of the State of Illinois, approved," etc.

EXPLOSIVES-POWDER IN COAL MINE.

See Mining Operations, page 128.

Shot Firers, page 376.

LAWS 1903, P. 252.

MAY 14, 1903.

AN ACT concerning the use of powder in coal mines. SECTION 1. Be it enacted, etc.: That, in all coal mines in this State, where coal is blasted, the quantity of powder used in the preparation of shots shall not in any case exceed sixty inches in coal seams five and one-half feet and over; and shall not exceed forty-eight inches in coal seams under five and one-half feet in thickness.

SEC. 2. For the purpose of determining the quantity of powder, prescribed in section 1 of this act, to be used in the preparation of any given shot, an inch of powder shall be one lineal inch, one and one-half inches in diameter, and it shall be measured in a metallic charger not to exceed twelve inches in length and one and one-half inches in diameter.

SEC. 3. No person shall drill or shoot what is known as a "dead" hole for any part of its depth; nor tamp any drill hole with drill dust, or other combustible material.

SEC. 4. Any violation of any of the conditions or requirements of this act shall be deemed a misdemeanor, punishable by a fine of not less than ten dollars ($10) and not exceeding one hundred dollars ($100), or by imprisonment in the county jail for a period not exceeding three months or both, at the discretion of the court.

SEC. 5. WHEREAS, An emergency exists, therefore, this act shall take effect and be in force from and after its passage and approval. (Repealed by Act of June 6, 1911. See page 212.)

AMENDATORY ACT, 1907.

LAWS 1907, P. 401.

MAY 24, 1907.

AN ACT to amend sections 1 and 2 of an Act entitled, "An Act, etc. (same as in section 1).

SECTION 1. Be it enacted, etc.: That sections 1 and 2 of an Act entitled, "An Act concerning the use of powder in coal mines," approved and in force May 14, 1903, be, and the same are hereby amended to read as follows:

SEC. 1. That in all coal mines in this State, where coal is blasted, the quantity of the powder to be used in the preparation of shots shall not, in any case, exceed five (5) standard charges full of powder in coal seams five and onehalf (51) feet or over in thickness; and shall not, in any case, exceed four (4) standard charges full of powder in coal seams under five and one-half (54) feet in thickness.

SEC. 2. For the purpose of determining the quantity of powder, prescribed in section 1 of this Act, to be used in the preparation of any given shot, a standard charger is defined and prescribed to be a cylindrical metallic charger not to exceed twelve (12) inches in length, and not to exceed one and onehalf (1) inches in diameter. (Repealed by Act of June 6, 1911. See page 229.)

EXPLOSIVES IN COAL MINES-BLACK POWDER.

LAWS 1911, P. 385.

JUNE 7, 1911.

AN ACT to promote the safety of persons and property in coal mines by regulating the character of black blasting powder sold to be used in coal mines.

SECTION 1. Be it enacted, etc. That black powder for use for blasting in coal mines shall conform to the following specifications:

(a) It shall have a specific gravity of not less than 1.74 nor more than 1.90. (b) It shall have a moisture content of not to exceed one per cent at the time when shipped by the manufacturer or his agent.

(c) Said powder shall be sold for use in coal mines only in seven sizes of granulation to be determined as follows:

CCC shall be powder which shall pass through a screen having round hole perforations of 40-64 of an inch in diameter and remain on a screen having round hole perforations of 32-64 of an inch in diameter.

CC shall be powder which shall pass through a screen having round hole perforations of 36-64 of an inch in diameter and remain on a screen having round hole perforations of 26-64 of an inch in diameter.

C shall be powder which shall pass through a screen having round hole perforations of 27-64 of an inch in diameter and remain on a screen having round hole perforations of 18-64 of an inch in diameter.

F shall be powder which shall pass through a screen having round hole perforations of 20-64 of an inch in diameter and remain on a screen having round hole perforations of 12-64 of an inch in diameter.

FF shall be powder which shall pass through a screen having round hole perforations of 14-64 of an inch in diameter and remain on a screen having round hole perforations of 7-64 of an inch in diameter.

FFF shall be powder which shall pass through a screen having round hole perforations of 9-64 of an inch in diameter and remain on a screen having round hole perforations of 2-64 of an inch in diameter.

FFFF shall be powder which shall pass through a screen having round hole perforations of 5-64 of an inch in diameter and remain on a screen having round hole perforations of 2-64 of an inch in diameter.

In testing powder for size of granulation as herein required, it shall be permissible for a given size to contain not to exceed 7 per cent by weight of grains of the size next larger and 7 by weight of grains of the size next smaller. SEC. 2. All black powder sold for use in coal mines in this State shall have plainly stamped on the keg or package in which it is contained the letter showing the size of granulation according to the requirements of this Act.

SEC. 3. Any person, firm or corporation who shall sell for use in coal mines in this State any black powder not stamped as herein required, or who shall knowingly sell for use in coal mines in this State any powder which is untruthfully branded or stamped, and any person, firm or corporation being a manufacturer of black powder, or the agent of any such manufacturer of black powder, who shall sell for use in any coal mine in this State any powder which shall not conform to the requirements of this Act in respect to the specific gravity and moisture content shall be guilty of a misdemeanor, and shall be punishable by a fine of not exceeding $100.00 or by imprisonment in the county jail for not exceeding ninety (90) days, or both, in the discretion of the court.

SEC. 4. (a) State mine inspectors and county mine inspectors shall have authority to sample black blasting powder used for blasting purposes in coal mines in this State, or kept on hand for sale or intended for shipment for use in such mines, and for such purposes they may enter upon the premises of any person.

(b) An inspector when sampling black blasting powder shall secure as accurate an average sample as is practicable, and shall test the granulation of such sample with screens provided for in this Act.

(c) If the inspector shall desire to have said sample tested for specific gravity or moisture content, he shall send the same to the State Mining Board for that purpose, and when such samples are intended to be tested for moisture content, they must be taken at the mill or warehouse of the manufacturer or manufacturer's agent, or in the railroad car for shipment at said mill or the warehouse; and said samples when so taken shall be immediately sealed moisture-proof before being sent to the State Mining Board.

When such samples are received by the State Mining Board they shall cause the same to be properly and accurately tested for specific gravity and for moisture content.

(d) If samples of powder when sampled and tested as provided in this Act shall be found not to comply with the provisions herein, the person, firm or corporation guilty of violating the provisions of this Act shall be prosecuted in accordance with the provisions hereof.

LAWS 1913, P. 431.

PERMISSIBLE EXPLOSIVES.

JUNE 26, 1913.

AN ACT to promote the safety of persons and property in coal mines by regulating the character of permissible explosives sold to be used in coal mines.

SECTION 1. Be it enacted, etc.: That all permissible explosives for use in blasting coal in the State of Illinois shall conform to the following specifications: (a) All permissible explosives offered for sale in the State of Illinois shall have printed on each cartridge and individual package the name of the manufacturer, the registered trade mark, brand, grade and a statement that it conforms in strength to that grade and brand established by the United States Bureau of Mines;

(b) Each shipping case shall have marked on it the total weight of explosives contained therein, and the average weight, length and diameter of each stick contained therein;

(c) Each shipping case containing permissible explosives shall be marked "Permissible Explosives."

(d) Each ingredient of a permissible explosive shall not vary more than the permitted variation established by the United States Bureau of Mines.

(2) State mine inspectors, county mine inspectors, and the accredited representatives of the coal operators and coal miners shall have authority to sample permissible explosives used for blasting purposes in coal mines in the State of Illinois, or kept on hand for sale, or intended for shipment for use in such mines, and for such purposes, they may enter upon the premises of any person, firm or corporation.

(3) If the State mine inspectors, county mine inspectors, or the accredited representatives of the coal operators or coal miners shall desire to have said sample tested for content, they shall send the same to the United States Bureau of Mines for that purpose.

(4) When such samples are intended to be tested for content, they must be taken at the mill or warehouse of the manufacturer or manufacturer's agent, or in the railroad car for shipment at said mill or warehouse or the magazine at the mine, and said samples shall be taken in accordance with the rules established by the United States Bureau of Mines.

(5) If samples of permissible explosives when tested as provided for in this Act shall be found not to comply with the provisions herein, the person, firm or corporation guilty of violating the provisions of this Act shall be prosecuted in accordance with the provisions hereof.

(6) Permissible explosives shall be stored in magazines constructed in accordance with plans that shall be approved by the State mine inspector of the district in which the mine is located.

(7) Every magazine shall be provided with a wooden floor which shall be kept free from grit and dirt. If more than one kiud of explosive is kept in the same magazine, the magazine shall be divided into rooms by partitions; the different kinds of explosives shall be kept in different rooms, but no detonaters, or blasting caps, or any device containing fulminating composition shall be kept in the same magazine with any explosive. All detonaters, blasting caps or auy device containing fulminating composition shall be kept separate in a safe and dry receptacle apart from any other explosive.

(8) Any person, firm or corporation changing any stamp, brand, or specification denoting the contents of any package or cartridge shall be subject to the penalties provided for herein.

(9) Any person, firm or corporation who shall sell for use in the coal mines in this State any permissible explosive not stamped as herein required, or who shall knowingly sell for use in coal mines in this State any permissible explosive which is untruthfully branded or stamped, and any person, firm or corporation being a manufacturer of permissible explosives, or the agent of any such manufacturer of permissible explosives, who shall sell for use in any coal mine in this State any permissible explosive which shall not conform to the requirements of this Act, shall be punishable by a fine of not exceeding one hundred dollars ($100.00), or by imprisonment in the county jail for not exceeding ninety (90) days, or both, in the discretion of the court: Provided, that nothing in this Act shall be construed to apply to permissible explosives shipped prior to this Act taking effect.

GEOLOGIST-GEOLOGICAL SURVEY.

GEOLOGICAL SURVEY-RESOLUTION.

LAWS 1846-7, P. 176.

PREAMBLE AND RESOLUTION relative to the geological, mineralogical, and agricultural, resources of the State of Illinois.

WHEREAS, it is indisputable that for rich geological, mineralogical and agri. cultural resources, the State of Illinois is not surpassed by any State in the Union; and whereas, it is of vital importance to the future interest and prosperity of our State, that her latent resources be fully known and developed; and whereas, it has been represented that the persons named in the following resolution, in their deep interest in the prospective advantages to our State of such a demonstration to the world of her resources, are generously disposed to interest themselves in the advancement of such a result, free of charge; therefore, be it

Resolved by the House of Representatives, the Senate concurring herein, That A. Randall, Charles Whitlesey, John S. Wright, H. S. Cooley, and Francis Springer, be, and they are hereby appointed commissioners of the State of Illinois, to prepare and report to the Governor of the State of Illinois, on or before the first Monday in April, 1848, a statement of the propriety, advantages, etc., of a geological survey of this State: Provided, that no charge shall be made to this State for their services as said commissioners.

LAWS 1851, P. 154.

STATE GEOLOGIST.

FEBRUARY 17, 1851.

AN ACT for a geological and mineralogical survey of the State of Illinois. SECTION 1. Be it enacted, etc.: That the governor, auditor and treasurer of the State are hereby authorized and required, as early as may be, to employ a geologist of known integrity and practical skill, for the purpose of making a geological and mineralogical survey of the entire territory of this State.

SEC. 2. It shall be the duty of said geologist to proceed, as soon as the necessary arrangements can be made, and with as much dispatch as may be consistent with minuteness and accuracy, to ascertain the order, succession, arrangement, relative position, dip and comparative magnitude of the several strata or geological formation within the State; to search for and examine all the beds and deposits of ores, coals, clays, marls, rocks and such other mineral substances as may present themselves, and to obtain chemical analysis of these substances, the elements of which are undetermined, and, by strict barometrical observations, to determine the relative elevations and depressions of the different parts of the State.

SEC. 3. It shall also be the duty of said geologist, during the time employed in the above work, to make annual reports of the progress and results of his labor, accompanied by such maps and drawings as may be deemed necessary, to illustrate the said reports; all of which shall be transmitted to the governor, in such condition that he may, without delay, cause them to be printed and circulated throughout the State, or wherever else he may desire to send them.