stances of the same, and shall also notify the owner or operator of the mine by a written report of the condition of the mine at the time of such inspection. 2. If the inspector finds that a mine is not properly worked, or is not furnished with proper machinery or appliances for the safety of the miners and all other employees, it shall be his duty to give written notice to the owner or manager of such mine that it is unsafe, and such notice shall specify in what particulars the mine is unsafe, and shall direct the owner or manager thereof to make such improvements as are necessary within a reasonable period. If the improvements are not made as required in the notice, it shall be unlawful for the owner or manager to operate such mine until such improvements are completed. Sec. 12. Speaking tubes must be provided. In shaft or slope mines where persons are lowered or hoisted by machinery, a metal speaking tube or other suitable appliance shall be provided in all cases so that conversation or signaling may be carried on through the same from the top to the bottom of the shaft or slope. Sec. 13. Inspector to be notified of accident. Inquest. Whenever by reason of an explosion or any other accident in any coal or hydro-carbon mine or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such mine or colliery to give notice thereof promptly to the said mine inspector, and if any person is killed thereby, to the coroner of the county, who shall give due notice of the inquest to be held. If the coroner shall determine to hold an inquest, the inspector shall be allowed to testify, and offer such testimony as he shall deem necessary to thoroughly inform the said inquest of the causes of death, and the said inspector shall have authority at any time to appear before such coroner and jury and question or cross-question any witness, and in choosing the jury for the purpose of holding such inquest, it shall be the duty of the coroner to impanel at least two men experienced in coal mines on such jury. It shall be the duty of such inspector, when possible, upon being notified as herein provided, to immediately repair to the scene of the accident and give such directions as may appear necessary to secure the future safety of the men, and he shall proceed to investigate and ascertain the causes of the explosion or accident, and make a record thereof, which he shall file; and to enable him to make the investigation, he shall have the power to compel the attendance of persons to testify and to administer oaths and affirmations; the cost of such investigation shall be paid by the county in which the accident occurred, in the same manner as the costs of coroners' inquests are paid by law. Sec. 14. Board of examiners for mining boss. On the petition of the mining inspector, the district court in any county in this state shall at the first term, after the approval of this act, appoint an examining board for such county, consisting of the state inspector of coal mines, an operator of a coal mine and a coal miner, who shall be citizens of the United States, and the latter two of which board shall have at least five years of experience in the mines of the state, whose duty it shall be to examine any person applying thereto as to his competency and qualifications to discharge the duties of mining boss; said board of examiners shall meet at the call of the inspector, and they shall grant certificates to all persons whose examination shall disclose their fitness for the duties of mining boss, and such certificate shall be sufficient evidence for the competency and qualification of the holders for the duties of said office; provided, that any person who shall have been employed as a miner at least five years in the coal mines of Utah and as a mining boss continuously by the same person or firm or corporation, for the period of one year preceding the approval of this act, may be entitled, if in the judgment of the inspector he be qualified, to a certificate without undergoing such examination; but he shall not be employed by any other person or firm or corporation without having undergone such examination. The members of the examining board, other than the inspector, shall hold the office for the period of two years from the date of their appointment, and shall receive four dollars per day for each day necessarily and actually employed, and actual and necessary traveling expenses, while employed in their official duties, to be paid by the state. Vacancies in the membership of the board shall be filled by the court of the proper county except the vacancy in the office of inspector. Sessions of the examining board shall not exceed three days in each quarter, and for any certificate granted the board shall receive the sum of one dollar, the same to be paid into the state treasury. No person shall act as fire boss unless granted a certificate of competency by the state inspector of coal mines. After the approval of this act no owner, operator, contractor, lessee or agent shall employ any mining boss or fire boss who does not have the certificate of competency required. Said certificate shall be posted up in the office of the mine, and if any accident shall occur in any mine in which a mining boss or a fire boss shall be employed who had no certificate of competency, as required by this chapter, by which any miner shall be killed or injured, he or his estate shall have a right of action against such operator or owner, lessee, or agent, and shall recover the full damage sustained; in case of death such action to be brought by the administrator of his estate, within three years from the date of accident, the proceeds recovered to be divided among the heirs of the deceased according to law. Sec. 15. Act not to apply where less than six men employed. The provisions of this act shall not apply to or effect any coal or hydro-carbon mine in which not more than six men are employed in twenty-four hours. Sec. 16. Penalty. The neglect or refusal to perform the duties required to be performed by any section of this act, or the violation of any of the provisions hereof, shall be deemed a misdemeanor, and any person so neglecting or refusing to perform such duty or violating such provisions, shall, upon conviction, be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars for each and every such offense. Sec. 17. Repeal. Chapter 2 of title 42 of the Revised Statutes of Utah, 1898, is hereby repealed. Sec. 18. This act shall take effect upon approval. CHAPTER 86. FENCING RAILROAD TRACKS. AN ACT requiring railroad companies to fence their tracks.. Be it enacted by the Legislature of the State of Utah: SECTION 1. Railroad companies to fence tracks. Penalty. Every railroad company operating a railroad by steam power within this state is hereby required to erect, within six months after the approval of this act, and thereafter maintain, a fence on each side of its railroad where the same passes through lands owned and improved by private owners, and connect the same at all public road crossings with cattle guards. Such fence shall not be less than four and a half feet in height and may be constructed of barbed or other fencing wire and shall consist of not less than five wires, with good, substantial posts not more than one rod apart, with a stay midway between said posts attached to the wires of said fence to keep said wires in place; and whenever such railroad company shall provide gates for private crossings, for the convenience of the owners of the lands through which such railroad passes, such gates shall be so constructed that they may be easily operated; and any such corporation shall be liable for all damages sustained by the owner of any domestic animal killed or injured by such railroad, in consequence of the failure to build or maintain such fence, when such animal strays upon such railroad where it passes through the property of the owner thereof. Sec. 2. Must provide gates for private crossings. Wherever such railroad company shall provide gates for private crossings for the convenience of the owner of the lands through which such railroad passes, such owner shall keep such gates closed at all times when not in actual use, and if such owner fail to keep such gates closed, and in consequence thereof his animal strays upon said railroad and is killed or injured, such owner shall not be entitled to recover damages therefor. Sec. 3. This act shall take effect upon approval. CHAPTER 87. SLOT MACHINE. AN ACT prohibiting the use of the device known as the "slot machine" in this state and prescribing a penalty for the violation of this act. Be it enacted by the Legislature of the State of Utah: SECTION 1. Keeping "slot machine" a misdemeanor. Every person who keeps or operates, either as owner, agent or employee, or allows to be kept, used, operated or conducted in his place of business, or elsewhere in this state, the device or instrument commonly known as the "slot machine," or any other similar device or instrument for gambling or exhibiting bawdy pictures is guilty of a misdemeanor. Sec. 2. This act shall take effect upon approval. CHAPTER 88. PRINTING BIENNIAL REPORT STATE BOARD OF HORTICULTURE. JOINT RESOLUTION authorizing the state board of examiners to procure the printing of 4,000 additional copies of the biennial report of the state board of horticulture. Be it resolved by the Legislature of the State of Utah: SECTION 1. Four thousand copies biennial report state board horticulture to be printed. That the state board of examiners is hereby authorized to procure the printing of 4,000 copies of the report of the state board of horticulture of this state, for the biennial period ending December 31st, 1900, in addition to the number now authorized by law. Approved this 14th day of March, 1901. CHAPTER 89. APPROPRIATION FOR THE DESTRUCTION OF GROUND SQUIRRELS, ETC. AN ACT making an appropriation to the Governor for the purpose of purchasing poison to be distributed among the several counties of the state for the destruction of ground squirrels, gophers and prairie dogs. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appropriation for poison for the destruction of ground squirrels, etc. That the sum of five thousand dollars, or so much of the same as may be necessary, is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purchase by the Governor of this state, of poison to be distributed among the several counties of the state, to be used in the destruction of ground squirrels, gophers and prairie dogs. Sec. 2. This act shall take effect upon approval. CHAPTER 90. COUNTY BOARD OF EQUALIZATION. AN ACT amending section 2575, of the Revised Statutes of Utah, 1898, relating to the powers of the board of county commissioners as a county board of equalization, and permitting the board to remit the taxes of indigent persons. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2575 of the Revised Statutes of Utah, 1898, be and the same is amended to read as follows: 2575. Powers of board. The board has power, after giving notice in such manner as it may by rule prescribe, to increase or lower any assessment contained in any assessment book, so as to equalize the assessment of the property contained therein, and make the assessment conform to the true value of such property in money. Said board may remit the taxes of indigent persons to an amount not exceeding ten dollars for the current year. Approved this 14th day of March, 1901. |