certificate from the State Mine Inspector certifying to his competency for managing the under ground workings of mines, together with a thorough knowledge of all gases met with in coal mines and of the most approved means and appliances of controling them, and the Inspector of Mines is hereby authorized to examine all foremen or mine bosses upon this competency under the provisions of this act and issue his certificate to those whom he considers qualified (after thorough examination) to act as such foreman or boss within the meaning of this law. It shall be unlawful for any operator or agent of a coal mine to employ persons underground whose duties may involve contact with inflammable gases or the handling of explosives, who have not had experience in such duties, unless all such employees are placed under the immediate charge and instruction of such number of competent men as to secure the safety of other persons employed in the same mine. The ventilation required by this act may be produced by any suitable appliances, but in case a furnace shall be used for ventilating purposes it shall be built in such a manner as to prevent the communication of fire to any part of the works by lining the upcast with incombustible material for sufficient distance up from said furnace. Provided, It shall not be lawful to use a furnace for ventilating purposes or for any other purpose that shall emit smoke into any compartment constructed in or adjoining any hoisting shaft or slope where the hoisting shaft or slope is the only means provided for the ingress and egress of persons employed in said coal mines. It shall be unlawful where there is but one means of ingress and egress provided at a coal shaft or slope to construct and use a ventilating furnace that shall emit smoke into a shaft as an upcast where the shaft or slope used as a means of ingress and egress by persons employed in said coal mines is the only means provided for furnishing air for persons employed therein.

SEC. 7. The owner, agent or operator of any coal mine, operated by shaft, shall provide safe means of hoisting and lowering persons in a cage, covered with boiler iron, so as to keep safe as far as possible persons descending into and ascending out of said shaft, and said cage shall be furnished with guides to conduct iron slides through such shaft with a sufficient break on every drum to prevent accident in case of the giving out or breaking of the machinery; and such cages shall be furnished with safety catches intended and provided as far as possible to prevent accident in case of cable breaking or the loosening or disconnecting of machinery. The owner, agent or operator of every coal mine operated by shaft and steam power shall place competent persons at the top and bottom of such shaft for the purpose of attending to signals while the men are being lowered or hoisted out of the mines; they shall be at their post of duty at least thirty minutes before the hoisting of coal is commenced in the morning, and remain at least thirty minutes after the hoisting of coal has ceased at night. It shall also be their duty, to see that the men do not carry any tools, timber or material with them on the cage, and that only the proper number of men are allowed upon the cage at one time. A sufficient light shall be furnished at the top and bottom of the shaft to insure as far as possible the safety of persons getting on or off the cage.

SEC. 8. A suitable code of signals between the bottom man and top man and engineer shall be established to provide and insure the safety of persons being lowered into and hoisted out of any shaft; said code of signals so established shall be conspicuously posted at the top and bottom of the shaft and in the engine room. No person shall ride upon a loaded cage or car used for hoisting purposes in any shaft or slope, and in no case shall more than twelve

Same.

Same.

Violation of

of Act a Misdemeanor.

་

persons ride in any cage or car at any one time, nor shall any coal be hoisted out of any coal mine, excepting in case where coal is being hoisted out of a slope which is not less than ten feet wide and only one track operate therein, while persons are descending into such mine. The number of persons permitted to ascend out of or descend into any coal mine at one time shall be determined by the Inspector, and they shall not be lowered or hoisted more rapidly than five hundred feet per minute. The top of each and every shaft, and the entrance to each and every intermediate working vein shall be securely fenced by gates, properly protecting such shaft and the entrance thereto, and the entrance to every abandoned slope, air or other shaft shall be securely fenced off. All underground, self-acting or engine planes, with single track, on which coal cars are drawn and persons travel, shall be provided with proper means of signaling between the stopping places and ends of said planes, and sufficient places of refuge at the sides of such planes shall be provided at intervals of not more than ten yards and all their other single planes or gangways, twenty yards, and they shall not be less than six feet wide, and whitewashed or otherwise distin quished from the surrounding walk. The bottom of every shaft shall be supplied with a traveling way to enable men to pass from one side of the shaft to the other without passing under or over the cage. All sumps shall be securely planked over so as to prevent accident.

SEC. 9. Any person neglecting or refusing to perform the duties required by any of the foregoing any Requirement sections of this act, shall be deemed guilty of a misdemeanor and when the penalty is not otherwise provided the fine for a first offense shall not be less than fifty dollars nor more than two hundred dollars, and for the second offense not less than one

hundred dollars nor more than five hundred dollars in the discretion of the court.

pector of Mines to pur

sary instruments.

SEC. 10. The Inspector of Mines of Montana is hereby authorized to provide, at the expense of the state, all necessary air meters, barometers or other instruments for the use of himself and deputy in chase all necesmaking all investigations or inspections as required by this act, and shall at the expiration of his time of service, turn them over to his successor together with the property of the state in his possession and pertaining to his office as Inspector.

APPROVED March 6, 1891.

STATE CAPITAL.

An Act entitled An Act Providing for the Submission of the Question of the Permanent Location of the Seat of Government.

Be it enacted by the Legislative Assembly of the State of Montana.

Submission of

SECTION I. At the general election in the year 1892, the question of the permanent location of the seat of government shall be submitted to the quali- Question of Locafied electors of the State, in the manner hereinafter provided.

tion.

Nominations of Towns or Cities

SEC. 2. Nominations of towns or cities in candidacy for the place of location of the seat of government shall be made in the following manner: There shall be presented to and filed with the Secretary of the State a certificate of nomination containing the in Candidacy. name of the town nominated for the place of location of the seat of government, the name of the county wherein the same is situated, and signed by

Notice of Election and List of Nominations,

Ballots.

twenty-five electors residing within the county wherein the town named shall be situated, and containing with each signature the place of residence, business and business address of each elector respectively, and from and after the day of filing of the said certificate the town or city named therein shall be deemed to have been regularly nominated, and shall be listed on ballots as hereinafter provided that all nominations must be made not less than sixty days preceding the general election in the year 1892.

SEC. 3. Immediately after the closing of nominations as provided in the last preceding section, the Secretary of State shall prepare a list of all towns or cities so placed in nomination, with a statement of the facts that they are the towns and cities nominated for the place of location of the permanent seat of government in Montana, together with an announcement of the day and date of which the election shall be held, and he shall cause the same to be published in each respective county, in at least one newspaper of general circulation published therein; and the said Secretary shall also prepare and have printed ballots which shall be in form as follows, to-wit:

For place of location of the permanent capitol of the State of Montana, and immediately thereunder shall follow in consecutive alphabetical order, a list of the towns nominated therefor, the name of each town being given a separate line, which said ballots shall be distributed as official ballots, in sufficient quantities to the County Clerks of the respective counties of the State to be by them distributed to the various election precincts in like quantity as they shall distribute the official election ballots for state and county officers, and which shall be stamped with the same stamp, and delivered to the electors, voted, returned and counted in the same