Acts amended Mine inspec ed. powers as to mine inspection and district inspectors. -office rec ords of chief inspector, (House Bill No. 109.) CHAPTER 106. AN ACT to amend and re-enact chapter fifty-nine of the acts of one thousand eight hundred and ninetyseven, and also sections five, ten and eleven of chapter fifty of the acts of one thousand eight hundred and eighty-seven and to add section twenty thereto, relating to mine ventilation, inspection and drainage. [Passed February 14, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: 1. That chapter fifty-nine of the acts of the Legislature of West Virginia of one thousand eight hundred and ninety-seven, "concerning mine ventilation and inspection" be amended and re-enacted so as to read as follows: 1a. The governor of the State, by and with the contors; number; sent of the senate, shall appoint one district mine inhow appointspector for each of the five mining districts created -chief mine by this act, and a chief mine inspector who shall superinspector; his vise and control the mine inspection of the State of West Virginia, and the chief shall have power to call the assistance of any one of the other five mine inspectors to any district in the State of West Virginia in case of emergency; and the chief mine inspector shall keep the reports furnished him by the five mine how kept, etc. inspectors, and in addition thereto he shall copy said reports in a book or books by him purchased and kept for the purpose, and he shall index the same, and said books shall be open for inspection upon the request of any citizen of the State, and upon the request of the governor or attorney general of this State, the said chief mine inspector shall lay said books and reports before either of said officers, and also maps of mines furnished him by the said district mine inspectors. -inspection of such reeords. -penalty on for violation, etc. b. Any chief mine inspector who shall violate any chiefinspector of the provisions of this act shall, upon conviction thereof, be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court, be imprisoned in the county jail not exceeding one year. ports of dis cies filled. And each of the five mine inspectors shall report in -monthly rewriting monthly to the chief mine inspector, the num- trict inspecber and condition of all the mines inspected by him tors. during each month. The chief mine inspector shall power of have power to remove any of the five mine inspectors, to remove; chief inspector mentioned in this act, for causes hereinafter men- how vacantioned in this act, and the governor of the State shall fill all vacancies caused by removal from office. Mine -term of ofinspectors created by this act shall hold their office for the term of four years, as hereinafter provided, unless they be sooner removed, as hereinafter provided. They shall continue in office until their successors in office are appointed and qualified. fice. tions of chief c. Every person appointed chief mine inspector qualificamust be a citizen of West Virginia and be a competent inspector. person, having had at least eight years experience in the working, ventilation and drainage of coal mines. in this State, and a practical and scientific knowledge of all noxious and dangerous gases found in such mines. tions of dis tors. Every person so appointed district, mine inspec- qualificator must be a citizen of West Virginia, having a prac- trict inspectical knowledge of mining and property ventilating and draining mines, and a knowledge of the gases met with in coal mines, and must be a miner of at least six years' experience as a miner in the coal mines, or having been otherwise engaged as an employe for six years within the mines of this State; and he shall not while in office, be interested as owner, operator, agent, being. stockholder, superintendent or engineer of any coal mine, and he shall be of good moral character and tem- —-character. perate habits. An inspector of mines shall be re- -removal, for moved from office by the chief mine inspector of this what. State for incompetency, neglect of duty, drunkenness, malfeasance and for other good causes. -what pro hibited from how filled. inspectors. 2a. Vacancies in office of inspectors shall be filled Vacancies, by appointment by the governor of the State for the unexpired term. Every person appointed inspector oath reof mines, shall, before entering upon the discharge of quired of the duties of his office, take the oath before some person authorized by law to administer oaths, that he will support the constitution of the United States and the constitution of the State of West Virginia, and that he will faithfully and impartially, to the best of his ability, discharge the duties of his office, and file a cer- —where filed. tificate of his having done so in the office of the sec retary of state, and he shall give a bond in the penalty -bond re quired; penalty, approval. -salaries and expenses of inspectors. of two thousand dollars, with sureties to be approved by the governor of the State, conditioned that he will faithfully discharge the duties of his office. b. The salary of the chief mine inspector shall be eighteen hundred dollars per annum and not more than five hundred dollars for expenses, and the other five mine inspectors shall have twelve hundred dollars salary each, per annum, and not more than five hundred dollars each for expenses. Such salary and expenses shall be paid monthly out of the state treasury upon the approval of the chief mine inspector: provided, that before payment of traveling expenses shall to traveling be made to the inspector, he shall file an account of such expenses verified by his affidavit showing that they accrued in the discharge of his official duties. -district inspectors, how paid. -proviso as expenses. -appoint inspectors, when and how. C. On the first Tuesday in April, one thousand nine ment of mine hundred and one, and every four years thereafter, the governor of the State shall, with the consent of the senate, appoint a chief mine inspector and one mine inspector for each of the five mining districts of the State created by this act, whose term of office shall begin when he has taken the oath of office and has given the approved bond, as required by this act, and whose term of office shall be four years, or until his successor shall be duly appointed and qualified. -term of office. -what required of inspectors. District inspector must visit each mine, how often. -unlawful to do what. d. Inspectors of mines shall devote their whole time and attention to the duties of their office and shall make personal examination, as set forth in sections three and four of this act, of the interior of all coal or other mines and outside of the mine where any danger may exist to the workmen employed in their respective districts. 3a. And it shall be the duty of each district mine inspector to visit each mine in his district at least once every three months, and it shall be unlawful for any mine inspector to do any surveying for any mine owner or owners, during his term of office, and it shall be unlawful for any mine inspector to appoint any deputy or other person to do and perform any work required of such mine inspector, and it shall be his duty to personally perform the duties of his office hereunder. He shall also in each year, ending with the thirtieth day of June, make a written report to the ports, what chief mine inspector of his proceedings, stating there in the number of mines in his district, the improvements made in and at the mines, the extent to which this act is obeyed or violated, and such other informa -must personally perform duties. -annual reto state. where filed, and when. annual re whom and -what to tion in relation to mines and mining as he may deem of public interest, or required of him by the chief mine inspector. He shall also suggest or recommend such may suggest legislation. legislation on the subject of mining as he may think necessary. Such report shall be filed with the chief report, mine inspector on or before the thirtieth day of September next suceeding the year for which it was made. The chief mine inspector shall annually make a full-chief inspecand complete written report of his proceedings as such tor to make chief mine inspector to the governor of the State for ports; to the year ending the thirtieth of June. Such report shall when. include the reports from the district mine inspectors, the number of visits and inspections made in the state include. by the district inspectors, the quantity of coal and coke produced in the State, and the number of men employed, number of mines operated, ovens in and out of blast, improvements made, prosecutions, etc., and such other information in relation to the subject of mines, mining inspection and needed legislation, as he may deem of public interest and beneficial to the mining interests of the State. Such report shall be when such filed with the governor on or before the thirtieth day to be printed of December next succeeding the year for which it was annually and made, and such report shall be printed upon the appropriarequisition of the governor, and in order that the report may be annually printed and distributed among the operators, miners and citizens of this State, the sum of fifteen hundred dollars shall annually be allowed out of the state treasury for this special purpose. report filed; distributed; tion for. inspector, for what. b. Any mine inspector failing to comply with the penalty on requirements of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, and be dismissed from office. triets, who to C. The governor of the State of West Virginia, to- mining disgether with the chief mine inspector created by this establish. act, shall divide the State of West Virginia into five mining districts. and sec. 20 2. That sections 5, 10, and 11 of the acts of one Acts amended thousand eight hundred and eighty-seven, concerning added. "the working, ventilation and drainage of coal mines, &c.," be amended and re-enacted to read as follows, and section twenty be added thereto: operator or 5. The operator or agent of every coal mine shall, Map of mines. within six months after the passage of this act, make, agent to or cause to be made, unless already made and filed, an to show. make; what -copy of such map, to be delivered to district inspectors; of. accurate map or plan of such mine, on a scale to be stated thereon, not exceeding one hundred feet to the inch. Such map or plan shall show the openings or excavations, the shafts, slopes, entries, airways, headings, rooms, pillars, etc., and such portions of such mine or mines as may have been abandoned, the general inclination of the coal strata, and so much of the property lines and the outcrop of the coal seam of the tract of land on which said mine is located, as may be within one thousand feet of any part of the workings of such mine. A true copy of such map or plan shall, within the six months aforesaid, be delivered by such operator to the inspector of his district, to be prepreservation served among the records of his office, and turned over to his successor in office; and the original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector; and such operator shall, twice within every twelve months, and not more than seven months apart, while the mine is in operation, cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property lines and out-notice to in- crop as above provided; and he shall immediately thereafter notify the inspector of his district, who shall forward to the said operator, or his engineer, the maps held by such inspector to be extended as above required. -original map, where kept. -survey of mines and extension of maps, how often. spector, and his duty. Ventilation: operator to to afford; ex lation. 10. The operator or agent of every coal mine, provide; whether worked by shaft, slope or drift, shall provide amount of air and hereafter maintain for every such mine ample tent of circu- means of ventilation, affording no less than one hundred cubic feet of air per minute for each and every person employed in such mine, and as much more as the circumstances may require, which shall be circulated around the main headings and cross headings and working places, to an extent that will dilute, render harmless and carry off, the noxious and dangerous gases generated therein; and as the working places shall advance, break-throughs for air shall be made every one hundred feet in the pillars, or brattice shall be used, so as to properly ventilate the face, and all the break-throughs, not required for the passage of air, shall be properly closed with brattice, or brattices shall be used, so as to keep the working places well and properly ventilated. In all mines generating fire of stoppings, damp and where there is every reason to believe that -breakthroughs. -when such breakthroughs to be closed. -construction |