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SEC. 5. INSPECTORS APPOINTED.-(a) From the names certified by the State Mining Board, the Governor shall select and appoint twelve State mine inspectors; that is to say, one inspector for each of the twelve inspection districts provided for in this Act; or more, if, in the future, additional inspection districts shall be created, and their commissions shall be for a term of two years from July 1, provided the term of any State mine inspector in office July 1, 1911, shall be extended to October 1, 1911, and provided any State inspector in actual service and good standing and who has passed one examination under this Act may be reappointed for the next ensuing term, without further certification, but shall not be so reappointed more than three times: Provided, further, no man shall be eligible for appointment as a State inspector of mines who has any pecuniary interest in any coal mine in Illinois.

(b) The board of supervisors in counties under township organization or commissioners in counties not under township organization, of any county in which coal is produced, upon the written request of the State inspector of mines for the district in which said county is located, shall appoint, as assistant to such State inspector, a county inspector of mines who shall work under the direction of such State inspector, but no person shall be eligible for appointment as county inspector who does not hold a State certificate of competency as mine manager, and the compensation of such county inspector shall be fixed by the county board at not less than five dollars per day, to be paid out the the county treasury.

If any county board shall fail or refuse to appoint a suitable person as county mine inspector, or to make an adequate appropriation for such county mine inspector when appointed within ninety days after the filing of a written request by the State inspector of mines in and for the district in which such county is located, then the State mine inspector or chief clerk of the State Mining Board, may file a petition verified by oath in the county court of such county, setting forth the condition of coal mining in said county which requires the appointment of such county mine inspector, the request in writing as aforesaid by the State inspector, and the failure and refusal by the county board to make such appointment or such appropriation as the case may be; and the prayer of such petition shall be that the judge of such county court appoint a county mine inspector or order the county board to make such appropriation; and thereupon such county court shall cause summons to issue, commanding the sheriff of the county that he summon the county board to be and appear at a term of court therein named, returnable as summons in other suits at law, and to show cause, if any there be, why such county mine inspector should not be appointed as prayed in such petition; which summons may be served as other summons in which a corporation is defendant; which petition and any answer thereto may be set down for hearing before such county court at an early date; and if upon such hearing it shall appear to the court that sufficient cause has not been shown why such county mine inspector should not be appointed, such court may make a finding accordingly, and the judge thereof may make such appointment; and the order making such appointment shall be entered of record in the cause and the person so appointed shall act as such county mine inspector until the further order of court or until such time, not less than one year thereafter, as such county board shall have appointed a successor to the person appointed by the judge of such court, and such successor shall have qualified to act; and the judge of such court may in his discretion remove the inspector by him appointed and appoint a successor, and may order the county board from time to time to make an adequate appropriation for such county mine inspector and shall have power to punish as for contempt of court any disobedience to any such order.

An appeal shall lie from any final order of the county court in such proceeding to the appellate court of the State, but the operation of such order shall not thereby be stayed unless by an order made and entered by such appellate court or some judge thereof.

The State Inspector may authorize any county inspector in his district to assume and discharge all the duties and exercise all the powers of a State inspector in the county for which he is appointed, in the absence of a State inspector; but such authority must be conferred in writing and the county inspector must produce the same as evidence of his powers upon the demand of any person affected by his acts; and the bond of said State inspector shall be holden for the faithful performance of the duties of such assistant inspector.

BOND. (c) State inspectors, before entering upon their duties as such, must take an oath of office, as provided for by the Constitution, and enter into a bond to the State in the sum of five thousand dollars ($5,000) for State mine inspectors, with sureties to be approved by the Governor, conditioned upon the faithful performance of their duties in every particular, as required by this Act. Said bonds, with the approval of the Governor endorsed thereon, together with the oath of office, shall be deposited with the Secretary of State.

INSTRUMENTS.-(d) The State Mining Board shall furnish to each of said State inspectors an anemometer, a safety-lamp, and such other instruments and such blanks, blank-books, stationery, printing and supplies as may be required by said inspectors in the discharge of their official duties. Said instruments and supplies shall be paid for on bills of particulars certified by the proper officers of the board and approved by the Governor; and the Auditor of Public Accounts shall draw his warrants on the State treasury for the amounts thus shown to be due, payable out of any money in the treasury not otherwise appropriated.

EXAMINATION OF MINES. (e) State inspectors shall devote their whole time and attention to the duties of their respective offices. State inspectors shall make a personal examination at least once in every six months or oftener if necessary, of each mine in their district in which ten or more men are employed. The State Mining Board also may require State inspectors personally to examine any or all other mines in their respective districts. Every mine in the State shall be examined at least once in every six months by either a State or county mine inspector.

SCOPE OF EXAMINATION.-(f) Every State inspector in the regular inspection of mines shall measure with an anemometer and determine the amount of air passing in the last crosscut in each pair of entries in pillar and room mines, or in the last room of each division in long-wall mines. He shall also measure with an anemometer and determine the amount of air passing at the inlet and outlet of the mines; and he shall compare all such air measurements with the last report of the mine examiner and the mine manager upon the mine examination book of the mine. He must observe that the legal code of signals between the engineer and top man and bottom man is established and conspicuously posted for the information of all employees.

State inspectors also shall require that every necessary precaution be taken to insure the health and safety of the workmen employed in the mines, and that the provisions and requirements of all the mining laws of this State are obeyed.

State inspectors shall render written reports of mine inspections made by them to the State Mining Board in such form and manner as shall be required by the board. State inspector(s) shall take prompt action for the enforcement of the penalties provided for violation of the mining laws.

AUTHORITY TO ENTER.-(g) It shall be lawful for State inspectors to enter, examine and inspect any and all coal mines and the machinery belonging thereto, at all reasonable times, by day or by night, but so as not to unreasonably obstruct or hinder the working of such coal mine, and the operator of every such coal mine is hereby required to furnish all necessary facilities for making such examination and inspection.

PROCEDURE IN CASE OF OBJECTION.—(h) If any operator shall refuse to permit such inspection or to furnish the necessary facilities for making such examination and inspection, the inspector shall file his affidavit, setting forth such refusal, with the judge of the circuit court in said county in which said mine is situated, either in term time or vacation, or, in the absence of said judge, with a master in chancery in said county in which said mine is situated, and obtain an order on such owner, agent or operator so refusing as aforesaid, commanding him to permit and furnish such necessary facilities for the inspection of such coal mine, or be adjudged to stand in contempt of court and punished accordingly.

NOTICES TO BE POSTED.-(1) The State inspector shall post in some conspicuous place at the top of each mine inspected by him, a plain statement showing what in his judgment is necessary for the better protection of the lives and health of persons employed in such mine, such statement shall give the date of inspection and be signed by the inspector. He shall post a notice at the landing used by the men, stating what number of men will be permitted to ride on the cage at one time and the rate of speed at which men may be hoisted and lowered on the cages.

NOTE.-Paragraphs (j) and (k) are on page 50.

INSPECTORS' ANNUAL REPORTS.-(1) Each State inspector of mines shall, within sixty days after June 30, of each year, prepare and forward to the State Mining Board a formal report of his acts during the year in the discharge of his duties, with any recommendations as to legislation he may deem necessary on the subject of mining, and shall collect and tabulate upon blanks furnished by said board all desired statistics of mines and miners within his district to accompany said annual report.

REPORTS TO BE PUBLISHED.—(m) On the receipt of said inspectors' reports the chief clerk of the State Mining Board shall compile and summarize the same, to be included in the report of said board, to be known as the Annual Coal Report, which shall, within four months thereafter, be bound, printed and transmitted to the Governor for the information of the General Assembly and the public. The printing and binding of said reports shall be provided for by the commissioners of State contracts in like manner and in like numbers as they provide for the publication of other official reports to the Governor.

REPORTS BY OPERATOR.-(n) Every coal operator shall within thirty days after June 30, of each year, furnish to the State mine inspector of the district, on blanks furnished by him prior to said June 30, statistics of the wages and conditions of their employees as required by law. The failure of any inspector to forward to the State Mining Board his formal report, as provided in paragraph (one) (1) hereof, or the failure of any coal operator to furnish to the State mine inspector of the district the statistics provided for herein, shall be adjudged a misdemeanor and be subject to a fine of $100.

SEC. 6. PAY OF INSPECTORS.-Each State inspector of mines shall receive as compensation for his services the sum of eighteen hundred dollars ($1,800) per annum and for traveling and other necessary expenses each shall receive the sum actually expended for that purpose in the discharge of his official duties: Provided, such expenses shall not exceed $1,200 per annum for each State

inspector of mines, both salary and expenses to be paid monthly by the State Treasurer, on warrants of the Auditor of Public Accounts, from the funds in the treasury not otherwise appropriated; said expense vouchers shall show the items of expenditures in detail, with sub-vouchers for the same so far as it is practicable to obtain them. Said vouchers shall be sworn to by the inspector and be approved by the president of the State Mining Board and the Governor.

NOTE. The remaining amendatory sections, 7, 9, 10, 15, 21, and 25, are under the appropriate title, Mining Operations. See page 238.

LAWS 1905, 62. P. 69.

APPROPRIATIONS.

MAY 18, 1905.

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

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State Mining Board for expenses including stenographer at $720, the sum of $6,000 per annum.

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LAWS 1907-8, 17, P. 25 (ADJOURNED SESSION).

JUNE 4, 1907.

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

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Forty-fourth. State Mining Board, for examination of candidates for certificates, etc., including salary of stenographer at $720, $6,000 per annum.

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

SECTION 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-fourth. To the State Mining Board for expenses, etc. $6,000 including salary of stenographer at $720.

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AN ACT to provide for the ordinary and contingent expenses of the State government until the expiration of the first fiscal quarter after the adjournment of the next regular session of the General Assembly.

SEC. 1. Be it enacted, etc.:

Forty-fourth. To the State Mining Foard for the examination of the candidates for certificates as mine inspectors, mine managers, mine examiners and hoisting engineers, for per diem and expenses of the board in conducting such examinations, for clerk hire, oils, powder and incidental expenses, the sum of $13,000 per annum.

LAWS 1911-12, 20, P. 31.

JUNE 6, 1912.

AN ACT to amend section 1 of an act entitled, "An Act, etc., (same as in section 1). SECTION 1. Be it enacted, etc.: That section one of an Act entitled, "An Act to provide for the ordinary and contingent expenses of the State government until the expiration of the first fiscal quarter after the adjournment of the next

regular session of the General Assembly," approved June 10, 1911, in force July 1, 1911, be and the same is hereby amended to read as follows:

SEC. 1. That the following named sums, or so much thereof as may be necessary, respectively, for the purposes hereinafter named be and are hereby appropriated to meet the ordinary and contingent expenses of the State Government.

44. To the State Mining Board, for the examination of candidates for certifi cates as mine inspectors, mine managers, mine examiners and hoisting engineers, for per diem and expenses of the board in conducting such examinations, for clerk hire, oils, powder and incidental expenses, the sum of $13,000 per annum or as much thereof as may be necessary.

45. To the State Mine Inspectors for actual expenses incurred in the discharge of their duties as provided by law the sum of $12,000 per annum, or as much thereof as may be necessary of which sum not to exceed $1,000 per annum shall be paid to any one inspector.

LAWS 1913, 95, P. 107.

JUNE 30, 1913.

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

SECTION 1. Be it enacted, etc.: That the following named sums, or so much thereof as may be necessary, * be, and are hereby, appropriated to meet

the ordinary and contingent expenses of the State Government, etc.

Forty-fourth. To the State Mining Board: For expenses per diem and traveling expenses, five members of the State Mining Board, $5,000 per annum; for one stenographer and bookkeeper, $1,200 per annum; one statistician, $1,800 per annum; one clerk, $1,500 per annum; for oil and powder testing, $1,000 per annum; for postage and express, $1,500 per annum; for telegrams and telephones, $300 per annum; for incidental expenses, $400 per annum.

LAWS 1915, 203, P. 215.

JUNE 29, 1915.

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

SECTION 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. :

Thirty-ninth. To the State Mining Board: For president of the board, extra for preparing examination questions, $150 per annum; for statistician, $1.800 per annum; for department clerk, $1,500 per annum; for stenographer, $1,200 per annum; for assistant statistician and messenger, $900 per annum; for postage, $900 per annum; for printing, etc. $200 per annum; for carpets and filing cabinet, $300; for anemometers and safety lamps, $250 per annum; for telephone, telegraph and express, $525 per annum; for traveling expenses of 5 members and chief clerk, $3,630 per annum; for repairs on instruments, $50 per annum; for oil and powder testing, $500 per annum; for rent of rooms for hokling examinations, $125 per annum.

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