Chapter 564.
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CHAP. 564.— An act for the protection of the lives of miners in the TerritoriesMarch 3, 1891. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Inspectors of coal mines in Territories to be appointed. That in each organized and unorganized Territory of the United States wherein are located coal mines, the aggregate annual output of which shall be in excess of one thousand tons per annum, the President shall appoint a mine inspector, who shall hold office until his successor is appointed and qualified.
Such inspector shall, before entering upon the Bond.discharge of his duties, give bond to the United States in the sum of two thousand dollars, conditioned for the faithful discharge of his duties. Sec. 2. That no person shall be eligible for appointment as mineEligibility. inspector under section one of this act who, is not either a practical miner or mining engineer and who has not been a resident for at least six months in the Territory for which he shall be appointed; and no person who shall act as land agent, manager, or agent of any mine, or as mining engineer, or be interested in operating any mine in such Territory shall be at the same time an inspector under the provisions of this act.
Sec. 3. That it shall be the duty of the mine inspector providedDuties. for in this act to make careful and thorough inspection of each coal Reports.mine operated in such Territory, and to report at least annually upon the condition of each coal mine in said Territory with reference to the appliances for the safety of the miners, the number of air or FIFTY-FIRST CONGRESS. Sess. II. Ch. 564. 1891.1105 ventilating shafts, the number of shafts or slopes for ingress or egress, the character and condition of the machinery for ventilating such mines, and the quantity of air supplied to same.
Such reports shall be made to the governor of the Territory in which such mines are located and a duplicate thereof forwarded to the Secretary of the Interior, and in the case of an unorganized Territory directly to the Secretary of the lute; for. Sec. 4. That in case the said mine inspector shall report that anyNotification of unsafe condition of mines. coal mine is not properly constructed or not furnished with reasonable and proper machinery and appliances for the safety of the miners and other employees it shall be the duty of the governor of such organized Territory it shall be the duty of the Secretary of the Interior to give notice to the owners or managers of said coal mine that the said mine is unsafe and notifying them in what particular the same is unsafe, and requiring them to furnish or provide such additional machinery, slopes, entries, means of escape, ventilation, or other appliances necessary to the safety of the miners and other employees within a period to be in said notice named, and if the same be not furnished as required in such notice it shall be unlawful after the time fixed in such notice for the said owners or managers to operate said mine.
Sec. 5. That in all coal mines in the Territories of the United StatesTwo shafts for each mine. the owners or managers shall provide at least two shafts, slopes, or other outlets, separated by natural strata of not less than one hundred and fifty feet in breadth, by which shafts, slopes, or outlets distinct means of ingress and egress shall always he available to the persons employed in said mine. And in case of the failure of any coal mine to be so provided it shall be the duty of the mine inspector to make report of such fact, and thereupon notice shall issue, as Provided in section four of this act, and with the same force and effect.
Sec. 6. That the owners or managers of every coal mine at a depthVentilation to be provided. of one hundred feet or more shall provide an adequate amount of ventilation of not less than fifty-five cubic feet of pure air per second, or thirty-three hundred cubic feet per minute, for every fifty men at work in said mine, and in like proportion for a greater number, which air shall by proper appliances or machinery be forced through such mine to the face of each and every working place, so as to dilute and render harmless and expel therefrom the noxious or poisonous gases; and all workings shall be kept clear of standing gas.
Sec. 7. That any mine owner or manager who shall continue toPenalty for failure to comply. operate a mine after failure to comply with the requirements of this act and after the expiration of the period named in the notice Provided for in section four of this act. shall be deemed guilty of a misdemeanor, and shall be fined not. to exceed five hundred dollars. Sec. 8. That in no case shall a furnace shaft be used or for theFurnace shaft. purposes of this act be deemed an escape shaft.
Sec. 9. That escape shafts shall be constructed in compliance withConstruction of escape shafts. the requirements of this act within six months from the date of the passage hereof, unless the time shall be extended by the mine inspector. and in no case shall said time be extended to exceed one year from the passage of this act. Sec. 10. That a metal speaking-tube from the top to the bottom ofSpeaking tubes. the shaft or slope shall be provided in all cases, so that conversation may be carried on through the same.
Sec. 11. That an approved safety catch shall be provided and sufficientSafety catches. cover overhead on every carriage used in lowering or hoisting persons. And the mine inspectors shall examine and pass upon the adequacy and safety of all such hoisting apparatus. Sec. 12. That no child under twelve years of age shall be employedChildren under 12 not to work under ground. Penalty for violating. in the underground workings of any mine. And no father or other person shall misrepresent the age of anybody so employed.
Any person guilty of violating the provisions of this section shall be 1106FIFTY-FIRST CONGRESS. Sess. II. Chs. 564, 565. 1891. deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed one hundred dollars. Sec. 13. That only experienced and competent and sober menMen in charge of hoisting apparatus. shall be placed in charge of hoisting apparatus or engines. And the maximum number of persons who may ascend or descend upon any cage or hoisting apparatus shall be determined by the mine inspector.
Sec. 14. That it shall be lawful for any inspector to enter andInspection. inspect any coal mine in his district and the work and machinery belonging thereto at all reasonable times, but so as not to impede or obstruct the working of the mine; and to make inquiry into the state of the mine, works, and machinery, and the ventilation and mode of lighting the same, and into all matters and things connected with or relating to the safety of the persons employed in or about the same, and especially to make inquiry whether the Owner to furnish information. etc.provisions of this act are complied with: and the owner or agent is hereby required to furnish means necessary for such entry, inspection, examination and inquiry, of which the said inspector shall make an entry in the record in his office, noting the time and material circumstances of the inspection.
Sec. 15. That in all cases of fatal accident a full report thereofReport of fatal accidents. shall be made by the mine owner or manager to the mine inspector, said report to be in the writing and made within ten days after such death shall have occurred. Sec. 16. That as a cumulative remedy, in case of the failure ofInjunction to prevent working of mines. any owner or manager of any mine to comply with the requirements contained in the notice of the Governor of such Territory or the Secretary of the Interior, given in pursuance of this act, any. court of competent jurisdiction, or the judge of such court in vacation, may, on the application of the mine inspector in the name of the United States and supported by the recommendation of the governor of said Territory, or of the Secretary of the Interior, issue an injunction restraining the further operation of such mine until such requirements are complied with, and in order to obtain such injunction no bond shall be required.
Sec. 17. That wherever the term “owner or manager” is used inOwnership responsibility. this act the same shall include lessees or other persons controlling the operation of any mine. And in case of the violation of the provisions of this act by any corporation the managing officers and superintendents, and other managing agents of such corporation, shall be personally liable and shall be punished as provided in act for owners and managers Sec. 18. That the mine inspectors provided for in this act shallInspectors pay, etc. each receive a salary of two thousand per annum, and their actual traveling expenses when engaged in their duties.
Sec. 19. That whenever any organized Territory shall make orTerritorial statute to supersede this law. has made provision by law for the safe operation of mines within such Territory, and the governor of such Territory shall certify said fact with a copy of the said law to the Secretary of the Interior, then and thereafter the provisions of this act shall no longer be enforced in such organized Territory, but in lieu thereof the statute of such Territory shall be operative in lieu of this act.
Approved, March 3, 1891.