WASHINGTON.

CONSTITUTION.

ARTICLE 2.-Protection of employces-Life and health.

SECTION 35. The legislature shall pass necessary laws for the Protective protection of persons working in mines, factories, and other em- laws to be ployments dangerous to life or deleterious to health, and fix pains and penalties for the enforcement of the same.

CODES AND STATUTES-1897.

Inspection of mines.

SECTION 172. The mining bureau shall, with the advice and consent of the senate, appoint a State geologist, who shall be a person known to be competent; * *

passed.

Appointment of geologist.

Inspection of mines.

mines.

SEC. 179. The State geologist shall, at least once in each year, visit each mining county in the State, and examine as many of the mines in the different counties and mining districts as may be practicable. He shall have power and authority to visit and examine any mine or piece of mining ground, for the purpose of ascertaining the condition of the same in regard to its safety and means of egress from the same, and for this purpose shall have access to all levels, slopes, tunnels, winzes, shafts, and shaft powers of any mine for the purpose of said inspection. SEC. 180. Whenever the mining bureau or the State geologist Dangerous shall receive a formal complaint in writing, signed by five or more persons, employees in a mine, setting forth that the mine in which they are employed is dangerous in any respect, the State geologist shall visit and examine such mine, and if, from such personal examination, he shall ascertain that the facilities for egress are insufficient, or that from want of timbering, scaling, or slacking of the ground in such mine so visited, or from other causes, or that the timber, ladders or ladder ways, pentices or plats, in any such mine are in a dangerous condition, it shall become his duty to notify the owners, lessor, or lessee thereof; such notice to be in Notice. writing, and to be served by copy on any person or persons in the same manner as provided by law for the service of legal notices or process; said notice shall state in what particulars timbers, ladders, ladder ways, pentices, or plats are dangerous, and shall require the necessary changes to be made without delay; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injuries sustained by any employee subsequent to such notice and in consequence of a neglect to obey the State geologist's requirements, a certified copy of the notice served by the State geologist shall be prima facie evidence of the culpable negligence of the party or parties complained of.

Protection of employees as members of the National Guard.

SECTION 2006. No member of the National Guard shall be discharged by his employer by reason of the performance of any duties which he may be ordered upon. When any member of the National Guard is ordered upon duty which takes him from his employment, upon the termination of such duty, if the same shall not continue for a longer period than three months, he may apply to be restored to his position or employment. Any employer, or the officer or other manager of any corporation, having authority to employ, who fails or refuses so to do, or violates any of the provisions of this chapter, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding one hundred dollars, or imprisonment not more than thirty days, or both such fine and imprisonment.

Discharge on account of membership.

Who may sue.

Inspection districts.

Inspector.

Sale of liquor to employees, etc.

SECTION 2945 (as amended by chapter 62, Act of 1905). Every husband, wife, child, parent, guardian, employe, [employer?] or other person who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action, in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication of such person, for all damages sustained, and the same may be recovered in a civil action in any court of competent jurisdiction. On the trial of such action, the plain iff or plaintiffs must prove that such intoxicating liquors were sold under circumstances sufficient to lead a man of ordinary intelligence to believe that such sale would probably result in intoxication. *** In case of the death of either party, the action and right of action to or against his executor or administrator shall survive.

Mine regulations.

SECTION 3158 (as amended by chapter 77, Acts of 1907). For the purpose of this act, this State shall be divided into inspection districts, each district to contain not less than ten nor more than sixty coal mines, each district to be under the supervision of an inspector of coal mines the manner of whose appointment shall be as follows: Provided, That there shall be appointed but one inspector until sixty coal mines shall be in operation in this State. The governor shall upon the recommendation of a board, to be by him selected and appointed for the purpose of examining candidates for appointment to the office of mine inspector under the provisions of this act, appoint a properly qualified person or persons to fill the office of inspector of coal mines for this State. The commissions of said inspector or inspectors shall be for the term of four years, and inspectors shall be at all times subject to removal from office for neglect of duty or malfeasance in the disBoard of ex-charge of their duties. Said board shall consist of one practical aminers. coal miner, one owner or operator of a coal mine, and one mining engineer, all of whom shall be sworn to a faithful discharge of Qualifica-their duties. The said inspectors shall be citizens of the State of tions, etc., of Washington, and shall have had at least five years' practical experience in coal mining. Such person or persons so appointed as inspector shall devote their entire time to the duties of the office, and shall possess other qualifications at present defined by the laws of the State of Washington and not inconsistent with the provisions of this act. Each of such inspectors shall give bond in the sum of two thousand dollars, with sureties to be approved by a judge of a superior court of the county in which he resides, conditioned for the faithful performance of his duties, and take an oath (or affirmation) to discharge his duties impartially and with fidelity, to the best of his knowledge and ability. The salary of each of such inspectors shall be twenty-four hundred ($2,400) dollars per annum, and he shall be allowed his actual and necessary traveling expenses while in the performance of his duties under the provisions of this chapter, and the auditor of the State is hereby authorized and directed to draw his warrant on the State treasurer in favor of each of such inspectors for the amount due them for their salaries monthly, to be paid out of any moneys in the treasury not otherwise appropriated.

examiners.

Term and

board.

SEC. 3159. The board of examiners provided for in the next premeetings of ceding section, shall be appointed by the governor and shall hold office for four years. They shall meet immediately after the pas sage of this act, at the State capital, for the purpose of examining candidates for the office of mine inspector under the provisions of this act, and at such times thereafter when notified by the governor that from any cause the office of mine inspector has or is about to become vacant. They shall receive as compensation five

dollars per day while actually and necessarily employed, and five cents per mile for distance necessarily traveled.

SEC. 3159a. No coal mine shall be considered a coal mine for the purpose of enumeration in a district to increase the number of inspectors unless ten men or more are employed at one time in or about the mine, nor shall mines employing less than ten men be subject to the provisions of this act. It shall be the duty of the owner, agent or operator of any mine employing less than ten men in or about said mine to immediately notify the inspector when ten men or more are employed at any one time, said notice to be given within one week. Failure on the part of any owner, agent or operator to comply with this provision shall render the offender liable to a fine of not less than twenty dollars or more than one hundred dollars, with an additional penalty of five dollars per day for each day said notice is neglected to be given.

Definition.

SEC. 3159b. It shall be the duty of the inspector of mines to Enforcement enforce the provisions of this act, and of all other acts for the regulation of coal mines, in accordance with section 3175, and any infringement of the provisions of this act shall subject the offender to the same penalties as are provided in section 3177 and 3182a, unless otherwise provided for in this act.

SEC. 3160. The owner, agent, operator, or manager of every coal Maps. mine in this State shall keep in the office at such mine an accurate plan and section, or tracing thereof, on a scale not to exceed one hundred feet to the inch, showing the workings up to at least six months prior to any given date, and shall produce it to the inspector of mines for examination by him, but not for the purpose of copying the same, nor for any other purpose; and if requested by said inspector so to do, shall mark on the same the workings up to the time of the production of the same. Within three months next after the abandonment of any mine a plan and section or tracing thereof, showing the boundaries of the workings is to be sent by the owner, operator, or superintendent of such mine to the secretary of state as a mining record. The map or plan of such abandoned mines as aforesaid shall be the property of the State, and shall remain in the care of the secretary of state as a permanent record in his office.

Fallure

SEC. 3161. Whenever the owner, agent, or operator of any coal mine shall neglect or refuse to furnish the said inspector with the furnish map. map or plan of any such mine, or make the addition to such map or plan upon the demand of the mine inspector, as provided in the last preceding section of this article, at the times and in the manner therein provided, the said inspector is hereby authorized to cause an accurate map or plan of the workings of such coal mine to be made at the expense of said owner, agent, or operator, and the cost thereof may be recovered by law from said owner, agent, or operator in the same manner as other debts, by suit in the name of the State, brought in the county where said mine is situated.

to

SEC. 3162. It shall not be lawful for the owner, agent, or oper- Escape shafts. ator of any coal mine to employ any person to work within said coal mine, or to permit any person to work in said mine, unless they are in communication with at least two openings in case such mine be worked by shaft or slope, which openings, shafts, or slopes shall be separated by natural strata by a distance of not less than one hundred feet at the mouth of such openings, except that in mines already opened such distance may be less, if, in the judgment of the mine inspector, one hundred feet is impracticable. If the mine be worked by drift, two openings not less than one hundred feet apart shall be required, except in drift mines heretofore opened, where the mine inspector shall deem such distance impracticable: Provided, however, That an aggregate number not Proviso. exceeding twenty-four persons may be employed in the mine at any one time until the second opening shall be reached and made available, which said second opening the mine inspector shall cause to be made without unnecessary delay, and in case of furnace ventilation being used before the second opening is completed,

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exit.

the furnace shall not be placed within forty feet of the foot of the shaft, slope, or drift, and shall be well secured, so as not to be a source of danger by fire, by brick, stone, or walls made of other fireproof material or [of] sufficient thickness, while such second opening is being driven and until the same is completed. Provisions for SEC. 3163 (as amended by chapter 105, Acts of 1907). All escapement shafts shall be equipped with stairways or ladders having landing places or platforms at reasonable distances apart, as in the judgment of the mine inspector they should be constructed for easy traveling, or, in lieu thereof, such hoisting apparatus as will enable the employees in the mine to make safe and speedy exit in case of danger. The escapement shaft, ropes and machinery used for hoisting or lowering employees out of or into said mine shall be kept in a safe condition and inspected at least once in each twenty-four (24) hours by a competent person employed in whole or in part for that purpose; and a record of such examination shall be entered by the person making the same in a book to be kept at the mine for that purpose and said book must always be produced for examination at the request of the inspector. with SEC. 3164. Where a mine has only one means of ingress and en-egress, a daily record must be kept by the owner or person in

Mines single trance.

Ventilation.

charge of said mine, showing the actual number and the names of each and very [every] person entering the mine for any purpose whatever, and should a greater number of persons than twentyfour be allowed in the mine, under any circumstances, at any time, it shall be the duty of any judge of the superior court of the county in which said mine is situate, when it shall be shown to the satisfaction of said court that more than twenty-four persons were allowed in said mine at any one time, to issue an order closing said mine until a second opening is completed.

SEC. 3165. The owner, agent or operator of every coal mine, whether operated by shafts, slopes or drifts, shall provide in every coal mine a good and sufficient amount of ventilation for such persons and animals as may be employed therein, the amount of air in circulation to be in no case less than one hundred cubic feet per minute for each man, boy, horse or mule employed in said mine, and as much more as the inspector may direct, and said air must be made to circulate through the shafts, levels, stables and working places of each mine, and on the traveling roads to and from all such working places. Every mine shall be divided into districts or splits, and not more than seventy-five persons shall be employed at any one time in each district or split: Provided, That where the inspector gives permission in writing a greater number than seventy-five men, but not to exceed one hundred men may be employed in each of said splits: Provided also, That in all mines already developed, where, in the opinion of the mining inspector, the system of splitting the air can not be adopted except at extraordinary and unreasonable expense, such mine or mines will not be required to adopt said split air system, and the owner or operator of any coal mine shall have the right of appeal from any order requiring the air to be split, to the examining board provided for in section 3158, and said board shall, after investigation, confirm or revoke the orders of the mining inspector. Each district or split shall be ventilated by a separate and distinct current of air, conducted from the downcast through said district, and thence direct to the upcast. On all main roads where doors are required, they shall be so arranged that when one door is open the other shall remain closed, so that no air shall be diverted. In all mines where fire damp is generated, every working place shall be examined every morning with a safety lamp by a competent person, and a record of such examination shall be entered by the person making the same in a book to be kept at the mine for that purpose, and said book must always be produced for examination at the request of the inspector.

Risks arising from the negligence of a mine boss to whom the duty of attending to ventilation and other matters pertaining to the safety of miners has been delegated, are not assumed by miners. 89 Fed. Rep. 54.

Measurement

SEC. 3166. The quantities of air in circulation shall be ascertained with an anemometer; such measurements shall be made by of air. the mine inspector at the inlet and outlet air ways, also at or near the face of each gangway, and at the nearest cross heading to the face of the inside and outside chamber, breast or pillar where men are employed, and the headings shall not be driven more than sixty feet from the face of each chamber, breast or pillar, unless for the reason that he deems the same impracticable, the inspector gives permission in writing to extend the distance beyond sixty feet.

Stoppage of

SEC. 3167. If at any time the ventilating machinery should break down or otherwise cease operation, or if it is found by the person machinery. for the time being in charge of the mine, or any part thereof, that by reason of noxious gases prevailing in such mine, or such part thereof, or of any cause whatever, the mine or the said part is dangerous, every workman shall be withdrawn from the mine, or such part thereof as is so found dangerous, and a competent person, who shall be appointed for the purpose, shall inspect the mine or such part thereof as is so found dangerous, and if the danger arises from inflammable gas, shall inspect the same with a locked safety lamp, and in every case shall make a true report of the condition of such mine, or the part thereof, and a workman shall not, except in so far as is necessary for inquiring into the cause of danger, or for the removal thereof, or for exploration, be readmitted into the mine, or such part thereof as was so found dangerous, until the same is stated in such report not to be dangerous. Every such report shall be recorded in a book which shall be kept at the mine for that purpose, and shall be signed by the person making the same.

SEC. 3168. The engineer in charge of any ventilating fan or ap- Duties of fan paratus must keep the same running as the manager of the mine engineer. 、 directs in writing. In case of accident to the boiler of fan machinery, he shall immediately notify the mine manager or foreman. If ordinary repairs of the fan or machinery become necessary, he must give timely notice to the mine manager or foreman and await his instructions before stopping it. He shall also examine, at the beginning of each shift, all the fan bearings, stays and other parts, and see that they are kept in perfect working order. He shall not stop the fan except on the order of the mine manager or foreman, unless it should become impossible to run the fan or necessary to stop it to prevent destruction. He shall then at once stop it and notify the mine manager or foreman immediately and give immediate warning to persons in the mine. SEC. 3169. The owner, agent, or operator of any coal mine shall provide that bore holes shall be kept twenty feet in advance of the face of each and every working place, and, if necessary, on both sides when driving towards an abandoned mine or part of a mine suspected of containing inflammable gases or being inundated with water.

Bore holes.

SEC. 3170 (as amended by chapter 105, Acts of 1907). The Signals. owner, agent or operator of every coal mine operated by shaft or slope shall provide suitable means of signaling between the bottom and top thereof, subject to the approval of the mine in

spector, and shall also provide in all shafts safe means of hoist- Safety cages. ing and lowering persons in a cage covered with boiler iron, so as to keep safe as far as possible persons descending into or ascending out of such shaft, and such cage shall be furnished with guides to conduct it through such shaft with a sufficient brake on every drum to prevent accident in case of the giving out or breaking of the machinery, and such cage shall be furnished with safety catches (to be approved by the mine inspector), intended and provided as far as possible to prevent the consequences of cable breaking or the loosening or disconnecting of the machinery, and no props or rails shall be lowered in a cage while men are descending into or ascending out of said mine, and such owner, agent or operator shall also provide in all slopes, safe means for