MINERS' EXAMINING BOARD-EXAMINATION OF MINERS.

EVIDENCE OF COMPETENCY.

(FOR ANNOTATIONS, SEE PAGE 245.)

JUNE 7, 1897.

LAWS 1897, P. 268. AN ACT in relation to the safety and the competency of coal miners, and to punish for infraction of the same.

SECTION 1. Be it enacted, etc. That from and after the passage of this Act every person desiring to work by himself in rooms of coal mines in this State shall first produce satisfactory evidence to the mine manager of the mine in which he is employed, or desires to be employed, that he has worked at least two (2) years with or as a practical miner. Until said applicant has so satisfied the mine manager of the mine in which he seeks such employment of his competency, he shall not be allowed to mine coal unless accompanied by some competent coal miner, until he becomes duly qualified.

SEC. 2. Any violation of section one (1) of this Act shall work a forfeiture of the certificate of the manager of the mine where any such party or parties are employed.

NOTE. Repealed by act of June 1, 1908 (Laws 1907-8, p. 90). See the following Act.

EXAMINATION AND CERTIFICATES.

LAWS 1907-8, P. 90 (ADJOURNED SESSION).

JUNE 1, 1908.

AN ACT to provide for the safety of persons employed in and about coal mines and to provide for the examination of persons seeking employment as coal miners, and to prevent the employment of incompetent persons as miners, and providing penalties for the violation of the same. (See page 439.)

SECTION 1. Be it enacted, etc.: That hereafter no person whosoever shall be employed or engaged as a miner in any coal mine in this State without having obtained a certificate of competency and qualification so to do from a "Miner's Examining Board" of some county of this State, except that any miner employed in the State when this Act becomes effective, who has been employed at least two years in the coal mines, shall be entitled to a certificate permitting him to work in the mines of this State as a practical miner: Provided, that the above provisions shall not prevent the employment of persons not having such certificate who are employed or engaged to work with or under the direction of a miner having such certificate, for the purpose of becoming qualified to receive such certificate under the provisions of this Act.

SEC. 2. In each county of the State where the business of coal mining is carried on, there shall be created a board to be styled the "Miners' Examining Board," to consist of three miners who shall be appointed by the circuit judges of the judicial district in which such county shall lie; such appointment to be made immediately after this Act shall go into effect, and annually thereafter at the first term of court in each year, all vacancies to be filled by such judges as they occur; and the members of such boards shall be experienced and skillful miners actually engaged in said business in their respective districts.

Each of said boards shall organize by electing one of the members president, and one member secretary; and every member of said board shall, within ten days after his appointment, take and subscribe an oath or affirmation before a properly qualified officer of the county in which he resides, that he will honestly and impartially discharge his official duties.

Members of said board shall receive as compensation for their services three 50-100 dollars ($3.50) per day for each day actually engaged in their official duties, and all legitimate and necessary expenses incurred in attending the meetings of said board under the provisions of this Act, and no part of the salary of the said boards, or the expenses thereof shall be paid out of the State treasury.

SEC. 3. Each of said examining boards shall designate some convenient meeting place in their respective counties, of which due notice shall be given by advertisement in two or more newspapers of the proper county. At such meeting a book of registration shall be open in which shall be registered the name and address of each and every person to whom they have issued certificates of competency under this Act.

SEC. 4. Each applicant for examination for the certificate herein provided, shall pay a fee of one dollar, and the amount derived from this source shall be held by said boards and applied to the expense and salaries herein provided and such as may arise under the provisions of this Act. The said boards shall report in writing annually to the court appointing them and to the State inspectors of mines, all moneys received and disbursed under the provisions of this Act, together with the number of miners examined under this Act and the number failing to pass the required examination.

SEC. 5. It shall be the duty of said boards to meet on the first Wednesday of each month, but when said day falls on a legal holiday then the day following, and said meeting shall be public, and if necessary the meeting shall be continued to cover whatever portion may be required of a period of three days in succession, or for the first session of the respective boards hereunder such longer period as may be required to examine all applicants for examination presenting themselves, and examine under oath all persons who desire to be employed as miners in the respective counties; and said board shall grant such persons as may be qualified, certificates of competency or qualification which shall entitle the holders thereof to be employed as and to do the work of miners as may be expressed in said certificate and such certificates shall be good and sufficient evidence without an examination in any other county of the state of competency under this Act.

Every person applying for a certificate of competency, or to entitle him to be employed as a miner must produce evidence of having had not less than two years of practical experience as a miner or with a miner, and in no case shall an applicant be deemed competent unless he appear in person before the said board and orally answer intelligently and correctly at least twelve practical questions propounded to him by said board pertaining to the requirements of a practical miner. The said board shall keep an accurate record of the proceedings of their meetings and in said record shall show a correct detailed account of the examination of each applicant with questions asked and their answers and at each of these meetings the board shall keep said record open for public inspection. Any miners' certificate granted under the provisions of this Act shall not be transferable, and any transfers of the same shall be deemed a violation of this Act. Such certificates shall be issued only at meetings of said boards, and said certificates shall not be legal unless then and there signed by at least two members of such board.

SEC. 6. That no person shall hereafter engage as a miner in any coal mine without having obtained such certificate as aforesaid. And no person shall employ any person as a miner who does not hold such certificate as aforesaid, and no mine foreman or superintendent shall permit or suffer any person to be employed under him, or in the mines under his charge and supervision as a miner, who does not hold such certificate. Any person or persons who shall

violate or fail to comply with the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars and not to exceed five hundred dollars, or shall undergo imprisonment in the county jail for a term of not less than thirty days and not to exceed six months, or either, or both, at the discretion of the court.

SEC. 7. It shall be the duty of the several miners' examining boards to investigate all complaints or charges of non-compliance or violation of the provisions of this Act, and to prosecute all persons so offending; and it shall be the duty of the prosecuting attorney of the judicial district wherein the complaints or charges are made to investigate the same and prosecute all persons so offending, and it shall at all times be the duty of such prosecuting attorney to prosecute such members of the Miners' Examining Board as have failed to perform their duty under the provisions of this Act. Upon conviction of any member of the Miners' Examining Board for any violation of this Act, in addition to the penalties herein provided, his office shall be declared vacant, and he shall be deemed ineligible to act as a member of the said board.

SEC. 8. For the purpose of this Act the members of the said Miners' Examining Board shall have the power to administer oaths.

SEC. 9. An Act entitled "An Act in relation to the safety and competency of coal miners, and to punish for infraction of the same," approved June 7, 1897, in force July 1, 1897, is hereby repealed.

FIRST AMENDATORY ACT, 1909.

LAWS 1909, P. 284.

MINERS' EXAMINING BOARD,

JUNE 5, 1909.

AN ACT to amend an act entitled An Act (same as section 1).

SECTION 1. Be it enacted, etc.: That an Act entitled "An Act to provide for the safety of persons employed in and about coal mines, and to provide for the examination of persons seeking employment as coal miners, and to prevent the employment of incompetent persons as miners, and providing penalties for the violation of the same," approved June 1, 1908, and in force July 1, 1908, be and the same is hereby amended to read as follows:

SEC. 1. That hereafter no person whoever shall be employed or engaged as a miner in any coal mine in this State without having first obtained a certificate of competency and qualification so to do from a "Miners' Examining Board" of some county in this State: Provided, that any miner actually employed in this State when this Act becomes effective, who has been employed as a miner at least two years in coal mines, shall be entitled to a certificate permitting him to work in the mines of this State as a practical miner: And, provided, further, that any such certificated miner may have one uncertificated person working with him and under his direction for the purpose of learning said business of mining and becoming qualified to obtain a certificate in conformity with the provisions of this Act.

SEC. 2. In each county of this State where the business of coal mining is carried on, there shall be created a board to be styled "The Miners' Examining Board," to consist of three practical, experienced and skilful miners of at least five years' continuous experience, who are then actually engaged in mining coal in the county for which they are appointed. Such appointments shall be made by the county judges in their respective counties immediately after this Act shall be in effect, and on or before the 10th day of January in

each year thereafter, and all vacancies in said board shall be at once filled by the county judge of the county in which such vacancy occurs.

Each of said boards shall organize by electing one of the members president, and one member secretary; and every member of said board shall, within ten days after his appointment, take and subscribe an oath or affirmation before a properly qualified officer of the county in which he resides, that he will honestly and impartially discharge his official duties; each of said boards shall provide itself with an impression seal, having engraved thereon the name of said board and the county for which it is appointed.

Members of said board shall receive as compensation for their services three and fifty one-hundredths dollars ($3.50) per day for each day actually engaged in their official duties, and all legitimate and necessary expenses incurred in attending the meetings of said board under the provisions of this Act, and no part of the salary of the members of said board, or the expenses thereof shall be paid out of the State treasury except as herein provided.

SEC. 3. Each of said examining boards shall designate some convenient meeting place in their respective counties, of which due notice shall be given by advertisement in two or more newspapers of the proper county. At such meeting a book of registration shall be open in which shall be registered the name and address of each and every person to whom said board shall issue a certificate of competency under this Act.

SEC. 4. Each applicant for examination for the certificate herein provided, shall pay a fee of one dollar, and the amount derived from this source shall be held by said boards respectively and applied to the expense and salaries herein provided and such as may arise under the provisions of this Act. The said boards shall report in writing quarterly to the court appointing them, all moneys received and disbursed under the provisions of this Act, together with the number of miners examined under this Act and the number failing to pass the required examination.

All moneys over and above the amount required to pay the salaries of the members of said board in the respective counties, and their necessary actual expenses while in the performance of their duty as such board shall be paid to the State Treasurer on the second Wednesday of each and every month, and the same shall be paid out by said State Treasurer only upon warrants issued by the county judge of the county for which such board was appointed. Said warrants shall show on their face that they are for the payment of the salary and necessary actual expenses of the members of said board in such county.

SEC. 5. It shall be the duty of said boards respectively to meet on the first Wednesday of each month and to remain in session for a period of two days and no longer, and said meeting shall be public. The said board shall examine under oath all persons residing in the county in which said board resides who apply for certificates as provided in this Act, and said board shall grant such certificates of competency or qualifications to such applicants as are qualified, which certificates shall entitle the holders thereof to be employed as, and to do the work of miners in any county in this State, without other or further examination.

No certificate of competency shall issue or be given to any person under this Act unless he shall produce evidence of having had not less than two years of practical experience as a miner or with a miner, and in no case shall an applicant be deemed competent unless he appear in person before the said board and orally answer intelligently and correctly at least twelve practical questions propounded to him by the board pertaining to the requirements and qualifications of a practical miner.

The said board shall keep an accurate record of the proceedings of their meetings and in said record shall show a correct detailed account of the examination of each applicant with questions asked and their answers and at each of these meetings the board shall keep said record open for public inspection. Any miners certificate granted under the provisions of this Act shall not be transferable, and any transfer of the same shall be deemed a violation of this Act. Such certificates shall be issued only at meetings of said boards, and said certificates shall not be legal unless then and there signed by at least two members of said board, and sealed with the seal of the board issuing the certificates.

SEC. 6. That no person shall hereafter engage as a miner in any coal mine without having obtained such certificate as aforesaid. And no person shall employ any person as a miner who does not hold such certificate as aforesaid, and no mine foreman or superintendent shall permit or suffer any person to be employed under him, or in the mines under his charge and supervision as a miner, except as herein provided, who does not hold such certificate. Any person or persons who shall violate or fail to comply with the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars and not more than five hundred dollars, or shall undergo imprisonment in the county jail for a term of not less than thirty days and not to exceed six months, or both, at the discretion of the court.

SEC. 7. It shall be the duty of the several miners' examining boards to investigate all complaints or charges of non-compliance or violation of the provisions of this Act, and to prosecute all persons so offending; and it shall be the duty of the prosecuting attorney of the County wherein the complaints or charges are made to investigate the same and prosecute all persons so offending, and it shall at all times be the duty of such prosecuting attorney to prosecute such members of the Miners' Examining Board as have failed to perform their duty under the provisions of this Act. Upon conviction of any member of the Miners' Examining Board for any violation of this Act, in addition to the penalties herein provided, his office shall be declared vacant, and he shall be deemed ineligible to act as a member of the said board.

SEC. 8. For the purpose of this Act the members of the said Miners' Examining Board shall have the power to administer oaths.

SEC. 9. An Act entitled “An Act in relation to the safety and competency of coal miners, and to punish for infraction of same," approved June 7, 1897, in force July 1, 1897, is hereby repealed.

SECOND AMENDATORY ACT, 1913.

LAWS 1913, P. 438.

JUNE 27, 1913.

AN ACT to provide for the safety of persons employed in and about coal mines, and to provide for the examinations of persons seeking employment therein in order that only competent persons may be employed as miners, and to create a board of examiners for this purpose and to provide a penalty for a violation of the same, and to repeal an Act entitled, "An Act to amend an Act entitled, 'An Act to provide for the safety of persons employed in and about coal mines and to provide for the examination of persons seeking employment as coal miners, and providing penalties for the violation of the same, approved June 1, 1908, in force July 1, 1908,' approved June 5, 1909, in force July 1, 1909."

SECTION 1. Be it enacted, etc.: That hereafter no person shall be employed or engaged as a miner in any coal mine in this State without having first obtained a certificate of competency and qualification so to do from the "Miners' Exam