XII. COAL-MINING COMPANIES.

Escape Shafts.-SEC. 492. In all coal mines that are now or have been in operation or which may hereafter be put in operation in the state of Kansas, prior to the first day of March, 1899, and which are worked by or through a shaft, slope, or drift, and in which more than ten miners are employed in each twenty-four hours, if there is not already an escapement shaft to each and every said mine, or communication between each and every mine and some other contiguous mine, then there shall be an escape shaft or some other communication such as shall be approved by the secretary of mine industries or mine inspector, making at least two distinct means of ingress or egress for all persons employed or permitted to work in such mine. Such escape shaft or other communication with a contiguous mine aforesaid shall be constructed in connection with every vein or stratum of coal worked in any mine; and the time to be allowed for such construction shall be four months when such mine is under one hundred feet in depth, and eight months when said mine is over one hundred and not over two hundred feet in depth, and one year for all mines over two hundred and not over three hundred feet in depth, two years for all mines over three hundred feet and not over four hundred feet in depth, three years for all mines over four hundred feet and not over five hundred feet in depth, and five years for all mines over five hundred feet in depth. [G. S. 1901, § 4172.]

SEC. 493. Said escape shaft shall be constructed at least three hundred feet from main or hoisting-shaft or any buildings connected therewith, and said escape shaft shall be provided with stairways securely fastened so as to bear the combined weight of not less than fifteen men ascending or descending the same. Said stairways shall be so constructed as not to exceed forty-five degrees of elevation by each section of said stairway, and each

section shall have substantial guard-rails securely fastened, and the stairways shall be separately partitioned from the parts of such shafts used as upcasts or downcasts, and the traveling-ways between the bottom of main shaft and the escape shaft or stairway shall be at least five feet in height; said traveling-ways shall be kept clear of all obstructions, and stagnant or standing water shall not be allowed to accumulate in any traveling-way between the upcast and downcast shafts. [Id., § 4173.1

SEC. 494. Whenever the owner, agent or operator of any mine shall neglect, fail or refuse to comply with sections 1 and 2 of this act, it shall be the duty of the secretary of mine industries or state mine inspector, when apprised of this fact, to enter complaint with the county attorney of the county in which such mine or mines are located, and such county attorney shall immediately prosecute said owner, agent or operator of said mine the same as in other cases; and in all prosecutions under this act it shall be conclusive evidence against the party charged if it shall be conclusively proved that said escape shaft was not constructed according to the provisions of this act and within the time heretofore stated. Any owner, operator, agent or lessee who fails to comply with sections 1 and 2 of this act shall be deemed. guilty of a misdemeanor, and shall on conviction be fined in a sum not less than five hundred dollars nor more than two thousand dollars, or by imprisonment not less than six months nor more than two years, or by both such fine and imprisonment. [Id., § 4174.]

Coal to be Weighed Before Screened. SEC. 495. It shall be unlawful for any mine-owner, lessee or operator of coal mines in this state, employing miners at bushel or ton rates or other quantity, to pass the output of coal mines by said miners over any screen or other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employés and accounted for at the legal rate of weights as fixed by the laws of Kansas. [Id., § 4166.]

SEC. 496. The weighman employed at any mine shall subscribe an oath or affirmation before a justice of the peace or other officer authorized to administer oaths, to do justice between employer and employé, and to weigh the output of coal from mines in accordance with the provisions of section 1 of this act. Said oath or affirmation shall be kept conspicuously posted in the weigh office, and any weigher of coal, or person so employed, who shall knowingly violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offense, or by imprisonment in the county jail for a period not to exceed thirty days, or by both such fine and imprisonment. [Id., § 4167.]

SEC. 497. The miners employed by or engaged in working for any mine-owner, operator or lessee in this state shall have the privilege, if they so desire, of employing at their own expense a check-weighman, who shall have like rights and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. [Id., § 4168.]

SEC. 498. Any person or persons having or using any scale or scales for the purpose of weighing the output of coal at mines, so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatever, by reason of which such coal is not correctly weighed and reported in accordance with the provisions of this act, shall be deemed guilty of a misdemeanor, and shall upon conviction for each offense be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment. [Id., § 4169.]

SEC. 499. Any provisions, contract or agreement between mine owners or operators thereof and the miners employed therein, whereby the provisions of section 1 of this act are waived, modified, or annulled, shall be void and of no effect; and the coal sent to the surface shall be accepted or rejected, and

if accepted shall be weighed in accordance with the provisions of this act; and right of action shall not be invalidated by reason of any contract or agreement. [Id., § 4170.]

SEC. 500. The provisions of this act shall also apply to the class of workers in mines known as loaders, engaged in mines wherein mining is done by machinery. Whenever the workmen are under contract to load coal by the bushel, ton, or any quantity the settlement of which is had by weight, the output shall be weighed in accordance with the provisions of this act. [Id., § 4171.]

Inspector of Coal-Mine Weights, Measures, and Scales. SEC. 501. That the secretary of mine industries of the state of Kansas shall be ex officio inspector of weights, measures and scales used at coal mines, and he or his deputies are hereby empowered, and it shall be his or their duty, to test the scales used to weigh coal mined in the mines of this state at least once every six months, to ascertain whether or not such scales correctly measure the weight of such coal; and if defects or irregularities are found in such scales which prevent correct weights and measurements, the inspector shall call the attention. of the mine-owner, agent or operator to said defects, and direct that the same be at once properly adjusted and corrected. If the owner, agent or operator of any coal mine in this state shall refuse to allow such inspector or his deputies to properly test the scales used at such mine or mines, or shall fail or refuse to put such scales in proper adjustment and condition, so that the same shall correctly weigh the coal mined, after being notified by said inspector or his deputy so to do, such owner, agent or operator shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars, or be confined in the county jail not exceeding six months, or both, in the discretion of the court; and it shall be the duty of the prosecuting attorneys in the respective counties to prosecute any person, firm or corporation violating the provisions of this section, the same as in other misdemeanor cases. [Laws 1903, ch. 544, § 1.]

XIII. STOCKYARD COMPANIES.

SEC. 502. Any stockyards within this state into which live stock is received for the purpose of exposing or having the same exposed for sale or feeding, and doing business for a compensation, are hereby declared to be public stockyards. [Laws 1903, ch. 487, §1.]

SEC. 503. Any person, company or corporation owning or operating any public stockyard or stockyards in this state is hereby declared to be a public-stockyards operator, whether living or being within this state or not. [Id., § 2.]

SEC. 504. Any public-stockyards operator or operators shall anuually, on the 31st day of December of each year, file with the secretary of state an itemized statement, certified and sworn to, setting forth the number of cattle, calves, sheep, hogs, horses and mules received in his or their public stockyards during the year next preceding. [Id., § 3.]

SEC. 505. It shall be unlawful for the owners, proprietors, or the employés of the owners or proprietors of any such public stockyards within this state, to charge for driving, yarding, watering and weighing of stock greater prices than the following: For driving, yarding, watering and weighing of cattle, fifteen cents per head; calves, eight cents per head; hogs, six cents per head; sheep, four cents per head; and there shall be but one yardage charged. [Id., § 4.]

SEC. 506. It shall be unlawful for the owner, owners, or proprietors, or their employés, of any such stockyards within this state to sell and deliver at the rate of less than two thousand pounds for a ton of hay, or any part thereof, the same to be of good quality, or to charge for or to sell the same at more than one hundred per cent. above the average market price or value of such hay upon the markets of the towns or cities wherein