conspicuous red light or white signal board on the rear of every trip or train of pit cars moved by machinery. REFUGE PLACES-MULE ROADS.-(b) On all haulage roads on which the haulage is done by draft animals, whereon men are obliged to be in the performance of their duties or have to pass to and from their work, there shall be places of refuge not less than 24 feet in width from the side of the car, and not less than 4 feet long and 5 feet in height and not more than 60 feet apart. ROOM-NECKS AS REFUGE PLACES.-(c) Refuge places shall not be required in entries on which room-necks at regular intervals not exceeding 60 feet furnish the required refuge places. KEEPING REFUGE PLACES CLEAR.-(d) All places of refuge must be kept clear of obstructions and no material shall be stored nor allowed to accumulate therein. They shall also be whitewashed not less than once in six months. GOB ON HAULAGE ROADS.—(e) One side of all haulage roads shall be kept clear of refuse or materials, except timbering, unless the rib or timbering on such side shall be 24 feet or more from the rail. But in such case materials or refuse shall not be permitted within 23 feet of the rail. SEC. 21. CERTIFICATED MINE EXAMINERS.-(a) A certificated mine examiner shall be required at all coal mines. There shall be one or more additional certificated mine examiners whenever required in writing by the State mine inspectors when the conditions are such as to make the employment of such additional mine examiners necessary. (b) It shall be the duty of the mine examiner: 1. To examine the underground workings of the mine within eight hours preceding the time the day shift goes on duty, every day upon which the mine is to be operated, excepting that when in the judgment of the State mine inspector expressed in writing to the coal operator, a mine generates explosive gas in dangerous quantities, a State mine inspector shall require the mine to be examined for gas in such manner and at such shorter intervals than eight hours before the time the day shift goes on duty every day upon which the mine is to be operated, as may be necessary to ensure the safety of the men working in such mine. 2. When in the performance of his duties, to carry with him a safety lamp in proper order and condition and a rod or bar for sounding the roof. 3. To see that the air current is traveling in its proper course and in proper quantity; and to measure with an anemometer the amount of air passing in the last cross-cut or break-through of each pair of entries, or in the last room of each division in long-wall mines, and at all other points where he may deen it necessary; and to note the result of such measurements in the mine examiner's book kept for that purpose. 4. To inspect all places where men are required in the performance of their duties to pass or to work, and to observe whether there are any recent falls or dangerous roof or accumulations of gas or dangerous conditions in rooms or roadways; and to examine especially all roadways leading to escapement shafts or other openings for the safe exit of men to the surface, the edges and accessible parts of recent falls and old gobs and air-courses. 5. As evidence of his examination of said rooms and roadways, to inscribe in some suitable place on the walls of each, not on the face of the coal, with chalk, the month and the day of the month of his visit. 6. When working places are discovered in which there are recent falls or dangerous roof or dangerous conditions, to place a conspicuous mark or sign thereat as notice to all men to keep out; and in case of accumulation of gas, to place at least two conspicuous obstructions across the roadway not less than twenty feet apart, one of which shall be outside the last open cross-cut. 7. Upon completing his examination to make a daily record of the same in a book kept for that purpose, for the information of the company, the inspector and all other persons interested; and this record shall be made each morning before the miners are permitted to enter the mine. 8. To take into his possession the entrance checks of all men whose working places have been shown by his examination and record to be dangerous, and to give such entrance checks to the mine manager before the men are permitted to enter the mine in the morning. SEC. 25. DUTY OF INSPECTOR.-(a) Any loss of life or personal injury in or about any coal mine shall be reported without delay by the person having charge of said mine to the State mine inspector of the district in which the mine is located, and the said inspector, in case of injury, if he deem necessary from the facts reported, and in all cases of loss of life, shall go immediately to the scene of said accident and render every possible assistance to those in need. Every operator of a coal mine shall make or cause to be made and preserve for the information of the State mine inspector, upon uniform blanks furnished by said inspector, a record of all deaths and all injuries sustained by any of his employees in the pursuance of their regular occupations. CORONER'S INQUEST.—(b) If any person is killed in or about a mine, the operation shall also notify the coroner of the county or in l.is absence or inability to act, any justice of the peace of said county who shall hold an inquest concerning the cause of such death. The State mine inspector may question or cross-question any witness testifying at the inquest. INVESTGATION BY INSPECTOR.-(c) The State mine inspector shall make a personal investigation as to the nature and cause of all serious accidents in mines under his supervision. He shall make a record of the circumstances attending the same, as developed by the coroner's inquest, and by his own personal investigation, which record shall be preserved in the files of his office, and a copy thereof filed with the State Mining Board within thirty days from the conclusion of such investigation, and such report shall thereuopn become part of the record of such board. To enable him to make such investigation he shall have power to compel the attendance of witnesses and to administer oaths or affirmations, to them, and the cost of such investigation shall be paid by the county in which such accident has occurred. Any person having charge or custody of the records, files, documents, reports and proceedings of the State Mining Board provided to be made, filed or kept under the provisions of the laws of Illinois, in case of serious accident shall furnish to any person or persons interested, a certified copy thereof upon application, and upon the payment or tender of fees at such rates as are now paid in this State to the clerks of circuit courts in counties of the second class for certified copies of records, and refusal to furnish such copies shall constitute a misdemeanor. NOTE. ANNOTATIONS. These annotations cover the general-revision act of 1899, all acts amendatory thereof, the revised mining act of 1911, and the amendatory act of 1915. The annotations cover the parts of the statutes included under the titles: Mine Inspectors; Mine Managers; and Miners' Examining Boards. See pages 48, 54, 62, 92. 1. STATUTE ENACTED PURSUANT TO CONSTITUTION. 2. MINING HAZARDS-LEGISLATION-CLASSIFICATION. 3. CONSTITUTIONALITY OF STATUTE-POLICE POWER OF STATE. 4. PURPOSE OF STATUTE. 5. CONSTRUCTION AND AMENDMENT. 6. MINE MEANING APPLICATION OF STATUTE. 54915-19-Bull. 169-17 7. MINER-MEANING-APPLICATION OF STATUTE. 8. SHAFT-MEANING-DUTY TO MAINTAIN. 9. INSPECTION-EXTENT OF EXAMINATION-COMPLIANCE WITH STATUTE. 10. MINE OPERATORS-DUTIES GENERALLY-GOOD FAITH. 11. DUTY OF MINE OPERATOR TO ADOPT AND POST RULES. 12. DUTY OF OPERATOR TO EMPLOY MINE MANAGER OR EXAMINER. 13. ASSISTANT MINE MANAGER-EMPLOYMENT. 14. MINE MANAGERS AND EXAMINERS-DUTIES. 15. DELEGATION OF DUTIES-POWER TO EXEMPT FROM LIABILITY. 16. VICE PRINCIPAL.-MANAGER AND EXAMINER. 17. COMPETENCY OF MINE EXAMINER-EFFECT OF CERTIFICATE. 18. MINE EXAMINER-RIGHT TO PROTECTION OF STATUTE. 19. LIABILITY AND NON-LIABILITY OF OPERATOR-INSTANCES. 21. HOISTING ENGINEERS-DUTY TO EMPLOY-RIGHT TO DISCHARGE. 24. FENCING SHAFT AND LANDINGS-GATES AND CAGES. 25. LIGHTING SHAFT-DUTY AND LIABILITY-QUESTION OF FACT. 26. LIGHTING SHAFT-LANDING MEANING. 27. HAULAGEWAYS-DUTY AND LIABILITY OF OPERATOR. 28. REFUGE PLACES-MEANING OF REQUIREMENT-DUTY AND LIABILITY. 29. LIGHTS ON MOTORS AND CARS. 30. PROPS-DUTY OF OPERATOR TO FURNISH-LIABILITY FOR FAILURE, 31. PROPS-DUTY OF MINER TO REQUEST AND SET. 32. PROPS-SUFFICIENCY OF REQUEST-CUSTOM. 33. VENTILATION. 34. DOORS-DUTY TO EMPLOY ATTENDANTS-GOOD FAITH. 39. FAILURE TO INSTRUCT OR WARN-LIABILITY. 40. FELLOW SERVANTS-INSTANCES. 41. DANGEROUS CONDITIONS OR PLACES-MEANING-DUTY TO MARK-PLEADING. 42. DANGEROUS CONDITIONS-PLACES ABOVE GROUND. 43. DANGEROUS CONDITIONS-ELECTRICAL APPLIANCES-EXCESSIVE VOLTAGE. 44. DANGEROUS CONDITIONS-DETERMINATION-GOOD FAITH. 45. DANGEROUS CONDITIONS-KNOWLEDGE OR WANT OF KNOWLEDGE-CARE REQUIRED. 46. DANGEROUS CONDITIONS-MARKING-WHAT CONSTITUTES. 47. DANGEROUS CONDITIONS-FAILURE TO MARK-LIABILITY, 48. DANGEROUS CONDITIONS-MARKING NOT REQUIRED. 49. DANGEROUS PLACES-RECORD-WHAT CONSTITUTE. 50. DANGEROUS CONDITIONS-WORK UNDER MINE MANAGER-MEANING. 51. DANGEROUS CONDITIONS-CHANGES IN ACT 1911. 52. DUTIES IMPOSED ON MINERS. 53. MINER'S WORKING PLACE-DANGER-RECOVERY FOR INJURY. 54. MINER MAKING DANGEROUS PLACE SAFE-RECOVERY FOR INJURY. 55. MINER WITHIN SCOPE OF EMPLOYMENT. 56. SHOT FIRERS-APPLICATION OF STATUTE. 57. COMPLIANCE WITH STATUTE-LIABILITY FOR FAILURE. 58. WILFUL VIOLATION OF STATUTE-WHAT CONSTITUTES, 59. WILFUL VIOLATION-GOOD FAITH-EXCUSE. 60. WILFUL FAILURE OF MINE MANAGER TO OBEY STATUTE-LIABILITY OF OPERATOR. 61. VIOLATION OF STATUTE-PROXIMATE CAUSE OF INJURY. 62. VIOLATION OF STATUTE-FAILURE TO SHOW PROXIMATE CAUSE-IN STANCES. 63. VIOLATION OF STATUTE-CONCURRING OR CONTRIBUTORY CAUSE OF INJURY. 64. VIOLATION OF STATUTE-PROOF AND PRESUMPTIONS. 65. VIOLATION OF STATUTE AND NEGLIGENCE-DISTINCTION. 66. NEGLIGENCE OF OPERATOR-STATUTORY AND COMMON LAW LIABILITY. 67. EMPLOYMENT OF BOYS-CONSTRUCTION AND PURPOSE OF ACT. 68. ACTION BY INJURED MINER-PLEADING AND PROOF-RECOVERY. 69. ACTION BY INJURED MINER-INSTRUCTIONS BY COurt. 70. ACTION FOR DEATH-RIGHT TO SUE-WIDOW OR DEPENDENTS. 71. ACTION FOR DEATH-MEASURE OF DAMAGES-PROOF. 72. ACTION FOR DEATH-PROOF OF DEPENDENCE. 73. ACTION FOR DEATH-PARTIES-CHANGE IN STATUTE. 74. ACTION FOR DEATH-LIMITATION. 75. CAUSE OF ACTION SAVED. 76. CONTRIBUTORY NEGLIGENCE-DEFENSE ABROGATED. 77. CONTRIBUTORY NEGLIGENCE-MINER'S VIOLATION OF DUTY. 79. ASSUMPTION OF RISK-RISKS NOT ASSUMED BY MINERS. 81. EXPERT EVIDENCE-ADMISSIBILITY-INSTANCES. 82. QUESTIONS OF FACT-INSTANCES. 83. DAMAGES-SINGLE RECOVERY. 1. STATUTE ENACTED PURSUANT TO CONSTITUTION. The statute of 1899, entitled "An act to revise the law in relation to coal mines and subjects relating thereto, and providing for the health and safety of persons employed therein," was enacted in compliance with the constitutional duty imposed upon the legislature by section 29 article 4 of the constitution of 1870. Brunnworth v. Kerens-Donnewald Coal Co., 260 Ill. 202, p. 217. The mining statutes were enacted in obedience to the constitutional mandate and the mining act can not be held to be unconstitutional because it applies to conditions common to other occupations. The purpose of the constitutional amendment was to place mining laws in a class to themselves, and such laws when enacted should be liberally construed for the protection of miners. Cook v. Big Muddy-Carterville Min. Co., 249 Ill. 41; Pate v. Gus Blair-Big Muddy Coal Co., 252 Ill. 198; Mengelkamp v. Consolidated Coal Co., 173 Ill. App. 370, p. 376. The act of 1911, like the former mines and miners' act, was passed in obedience to the statutory mandate. Havron v. Shoal Creek Coal Co., 184 Ill. App. 117, p. 119. This act was passed under a mandate of the constitution making it the duty of the legislature to pass laws for protection of operative miners. It grew out of the public wish that every precaution should be taken against the unusual hazards and dangers incident to the inhabitancy of mines, and was in tended to protect with all known expediency every person whose occupation required him to labor in these subterranean rooms and roadways. Fulton v. Wilmington Star Min. Co., 133 Federal 193. See Donk Bros. Coal & Coke Co. v. Lucas, 127 Ill. App. 61, p. 65. The general assembly has carried out the constitutional requirement and from time to time has legislated for the protection of miners. Wilmington Star Min. Co. v. Fulton, 205 U. S. 60, p. 71; Fulton v. Wilmington Star Min. Co., 133 Federal 193, p. 197. 2. MINING HAZARDS-LEGISLATION CLASSIFICATION. The general assembly may classify persons for the purpose of legislation provided the classification is not arbitrarily made and is based upon some difference which appears to have a just and proper relation to the classification. Operative coal miners are placed in a class by themselves by the constitution itself, and the validity of laws enacted to provide for their health and safety can not be disputed. They are exposed by their occupation to extraordinary hazards and perils to which other laborers are not exposed. Rogers v. St. Louis-Carterville Coal Co., 254 Ill. 104, p. 109. The conditions and hazards under which the transportation of coal in a mine is conducted are different from the conditions prevailing in transportation elsewhere, and men engaged in such occupation constitute a class by themselves. Mengelkamp v. Consolidated Coal Co., 259 Ill. 305, p. 310. 3. CONSTITUTIONALITY OF STATUTE-POLICE POWER OF STATE. This act does not deny to the mine operator the equal protection of laws, nor does it take their property without due process of law in violation of the Federal Constitution. Consolidated Coal Co. v. People, 186 Ill. 134; Commonwealth v. Plymouth, 232 Pa. St. 141, p. 148. Every precaution should be taken against the unusual hazards and dangers incident to the inhabitancy of mines. It was intended by the act of 1899 to protect with all known expedients every person whose occupation required him to labor in these subterranean rooms and roadways. Wilmington Star Min. Co. v. Fulton, 205 U. S. 60, p. 71. The act of 1899 is not unconstitutional on the ground that it compels a mine operator to employ a duly certificated mine manager or mine examiner. The requirement is not repugnant to the fourteenth amendment to the Federal Constitution. The subject is peculiarly within the police power of the State and the enactment of this requirement was an appropriate exercise of such power. The use and enjoyment of mining property is subject to the reasonable exercise of the police power of the State and the rights, privileges, and immunities of a mine owner as a citizen of the United States are not invaded by the requirement that he employ a certified mine manager or inspector, and the imposition of liability upon the owner for the violation of such regulations as these are but the appropriate exercise of the police power and are not wanting in due process. Wilmington Star Min. Co. v. Fulton, 205 U. S. 60, p. 73; The expense incurred by reason of the statute is imposed because of the peculiar dangers of the surrounding situation and subserves not only the interest of the miners but alike protects the mine owner and hence the payment |