Bond

Not to be in

iners shall receive six dollars per day, and the same mileage as is allowed to members of the legislature, to be paid out of the State treasury upon the filing of the certificates of the examining board in the office of the secretary of state, as herein provided. The governor shall, from the names so certified, appoint the person possessing the best qualifications to be inspector of coal mines, whose commission shall be for the term expiring January 1, 1887, or until his successor is appointed and confirmed by the senate. As often as vacancies in said office of inspector of mines shall occur by death, resignation or malfeasance in office, which shall be determined in the same manner as in the case of any other officer of the State government, the governor shall fill the same by appointment for the unexpired term, from the names on file in the office of the secretary of state, as hereinbefore mentioned as having passed examination. Every four years from January 1st, A. D. 1883, the governor shall appoint one mining engineer as before, and shall notify the judges of four of the judicial districts of the State containing coal mines, selecting them in such order as to allow each district an equal share of such appointments, each to appoint one miner, and the five so appointed shall constitute a new board of examiners, whose duties, term of service and compensation shall be the same as those provided for by this section, and from the names that may be certified by them the governor shall appoint the inspector of mines provided for in this act; nothing in this act shall be construed to prevent the reappointment of any inspector of coal mines. The inspector of coal mines shall receive for his services an annual salary of twenty-five hundred dollars, and ten cents per mile for all distances traveled in the discharge of his official duties, to be paid monthly by the State treasurer, and said inspector shall reside in the State and shall keep an office at the capitol on other building in which the offices of the State are located. Each inspector is hereby authorized to procure such instruments and chemical tests and stationery from time to time, as may be necessary for the proper discharge of his duties under this act, at the expense of the State, which shall be paid by the State treasurer upon accounts duly certified by him and audited by the proper department of the State. All instruments, plans, books, memoranda, notes, et cetera, pertaining to the office shall be the property of the State, and shall be delivered to their successors in office.

SEC. 3195. The inspector of coal mines shall, before entering upon the discharge of his duties, give bond, in the sum of five thousand dollars, with sureties to be approved by the judge of the district court in which he resides, conditioned for the faithful discharge of his duty, and take an oath (or affirmation) to discharge his duties impartially and with fidelity to the best of his knowledge and ability.

SEC. 3196. No person acting as a manager or agent of any coal terested in mine, or as a mining engineer for any coal mining company, or to mining opera- be interested in operating any coal mine, shall at the same time act as an inspector of coal mines under this act.

tions.

Gas - producing mines, etc.

Bore holes.

SEC. 3198. The owner, agent or lessee of each coal mine or colliery in this State employing ten or more men shall, when working in close proximity to an abandoned mine or part of a mine containing water or fire damp, cause bore holes to be kept, at least twenty feet in advance of the coal face and sides of all working places in such mine or colliery, known to be approaching old and abandoning [abandoned] workings. Side holes to be not more than twenty-five feet apart and to a like depth; also that it shall not be lawful for any owner or agent operating vertical coal veins, to mine or extract coal from levels under any portion of said mine or adjoining mines where water exists, without first having pumped out such water. All veins pitching over seventy degrees shall be understood as vertical veins under this act. And said owner or agent shall cause all abandoned shafts, air shafts, slopes, slack piles or cave holes to be securely and safely fenced off; and in all bituminous and lignite coal mines coming under the provisions of this act, the State in

spector of coal mines shall have the authority to compell [compel] the owners, agents or lessees of coal mines to remove any or Precautions all fine coal or slack which may accumulate in the working places against fire. or gobs, and where gob fires or spontaneous combustion are known or even suspected to exist, a careful inspection shall be made daily of the workings, by the mine boss or another competent person, and if an increase of temperature be localized in any part of the gobs or other places, prompt action shall be taken to remove the heated gob or débris, or extinguish the fire by water or other contrivance; but if the fire has already reached such proportions that it is impossible to extinguish it in that way, then it shall be the duty of the superintendent, or mine boss in the absence of the superintendent, to at once build suitable stoppings of double walls of a concave shape, and at least two feet apart, with ends, top, and bottom, built into cuttings made into the coal or rock, and the center between the walls to be filled in with sand or other fine earthy matter, which shall be closely tamped, so as to fill up all cracks and crevices, the outside of said walls to be carefully plastered with lime and cement, so as to completely isolate the fire from air. Should combustion still be suspected to be going on, then steam, where practicable, shall be injected toward the fire from pipes in connection with boilers, and passing through said walls or stoppings, or to flood with water the site of the fire; and that in all coal mines known to generate explosive gas, that the owner or agent shall provide and adopt a system by which water under pressure, or otherwise shall be sprinkled, and make damp all accumulations of fine coal dust from time to time that may accumulate on any haulage road, rooms, stopes or any other working places, also, that no owner or agent shall use any part of the underground workings of such coal mines as a magazine for the Cars to have storage of gunpowder or any other kind of blasting agent. On all double coupunderground roads where coal is hauled by machinery and where lings, when. grade will average more than six (6) feet to the hundred (100), and which are used for traveling ways for men, double drawbars shall be attached to the bottom or other parts of every car, so that two seperate [separate] couplings shall be used to connect each and every car lowered or hoisted on any road coming under this act, and that the hooks which connect with the drawbar of the car shall be so constructed, with a clevice, or other contrivance, as to prevent them from becoming detached while the cars are in motion on the slope; also that double chains with approved safety hooks shall be attached to the socket of the hoisting ropes: Provided, That any appliance other than those herein required may be used in the construction and hoisting of cars which may accomplish the same result with equal safety and security to life and limb.

SEC. 3199. The mining boss, or other competent person, shall make daily inspection of ropes, chains, cages and other hoisting appliances, guides and shaft timbers, and make a record of such daily inspection in a book, kept at the office of the mine, for that purpose, and the fire boss shall keep a daily record of any defects in the ventilating appliances, and any standing gas that may be found in said mine, designating the entry and room in which said gas is found. Each of the records herein required to be kept, shall be open at all times to the mine inspector's and miners' committee's inspection, and a copy thereof shall be filed in the office of said mine inspector on the first Monday of December of each year. SEC. 3200. 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 duties, or violating such provisions, shall, upon conviction, be punished by fine of not less than one hundred dollars, nor exceeding five hundred dollars, at the discretion of the court, and all penalties recovered under this act shall be paid into the treasury of the State.

43967-08-14

Mine boss to inspect.

Violations.

Check weigh

men.

Duties.

Penalty.

Scales,

etc., to be provided.

SEC. 3204f. In all coal mines in this State, operated by individuals or corporations, whether as owners or lessees and working twenty or more miners underground, there may be employed a check weighman, who shall be selected by the miners employed in said mine and whose wages shall be paid by the miners therein -employed.

SEC. 3204g. The duties of such check weighman shall be to see that all coal, mined in the coal mine at which he is employed, is accurately weighed and for that purposeererg such aforesaid owner or lessee shall give to such weighman, free access to all scales and weights used for that purpose and to all books wherein the weights of coal mined by the miners of said mines are recorded.

SEC. 3204h. Any mine owner, operator, manager, superintendent or lessee operating any coal mine in this State who shall refuse to allow any such check weighman to be so employed or shall refuse such check weighman access to such aforesaid scales, weights or books, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in the sum of not less than $25 nor more than $500.

SEC. 32041. It shall be the duty of every corporation, company or persons engaged in the business of mining and selling coal by weight or measure in this State to procure and constantly keep on hand, at the proper place, the necessary scales and measures and whatever else may be necessary to correctly weigh or measure the coal mined and taken out by the workmen or miners of such corporation, company or persons, and it shall be the duty of the inspector of weights and measures of every county in which coal is mined and sold to visit each coal mine operated therein, and, once in each year, unless oftener requested by the operator or the miner or the miners, test the correctness of such scales and measures. If in any county there is no inspector of weights and measures, then the State inspector of mines shall be required to test the correctness of such scales or measures within a reasonable time after application is made to him therefor by either the miners or owner or those who may be operating the mine. Cars, etc., to SEC. 3204j. Each car or other apparatus used by any such corbe numbered poration, company or person in removing coal from any coal mine

and marked.

screening.

shall be plainly marked by having distinctly placed upon it a number which shall be kept thereon while such car or other apparatus is in use and no two cars or other apparatus so used shall bear the same number, and if the coal from such mine is mined and the miners are paid therefor according to weight for mining the same, every such car so used shall be weighed. upon such tested scales and the weight of the coal thereof shall be correctly credited to the person mining it and recorded in a book kept for that purpose and the correct weight shall also be marked upon such car or apparatus before it is returned to the mine for reloading. If the coal of any such mine is mined and the miners thereof are paid for the same by measure, the number of bushels of coal such car or other apparatus will hold when loaded to its capacity shall also be plainly marked upon it and kept thereon as long as such car is used, as aforesaid. Where coal is mined by weight, or by the ton, two thousand pounds shall constitute a ton, or where it is measured by the bushel, eighty pounds shall constitute one bushel.

Coal to be SEC. 3204k. All coal mined by the ton or by weight shall be weighed before weighed in the car or other apparatus in which it is removed from the mine before it is screened or before it is passed over or dumped upon any screen or any other device which may let or be capable of letting a portion of the coal drop through such screen or device, and it shall be paid for according to the weight so ascertained at such price per ton as may be agreed upon by such owner or operators and the miner or miners who mine the same. All coal mined and paid for by measure shall be paid for per car according to the number of bushels marked upon the car or other apparatus in which it is removed from the mine and

without the coal thereof being screened or without it being passed over or dumped upon a screen or any other device which will let any portion of the coal fall through such screen or device.

SEC. 32041. A failure to comply with any of the provisions of this act shall be unlawful and deemed a misdemeanor, and any person, owner or agent operating a coal mine in this State, who shall be convicted of a violation of this act shall be fined for the first offense not less than twenty-five dollars ($25), nor more than fifty dollars (33939 and for the second offense and each sube sequent offense not less than one hundred dollars ($100) nor more Pu than two hundred dollars ($200).to tudi doi fosen bidyowa bize sedan an

Bureau of mines-Mine regulations—Metalliferous mines.

SECTION 3206. There shall be and is hereby established in this State a department to be known as "The Bureau of Mines of the' State of Colorado," the principal office of which shall be maintained at the State capitol, in the city of Denver.

Penalty.

Bureau mines.

of

SEC. 3206a. It shall be the duty of the governor to appoint a citizen of this State, having had not less than seven (7) years' er. practical experience in mining in the State of Colorado, together with a practical and scientific knowledge of mining, metallurgy, mineralogy and geology, to the office of commissioner of mines, to hold the said office for the term of four (4) years, or until the appointment and qualification of his successor, as provided in section 1 of Article XVI of the constitution of the State of Colorado, who shall take and subscribe the oath of office prescribed by the constitution; and he shall give bond to the State in the sum of $20,000, to be approved by the governor of the State, conditioned upon the faithful discharge of his duties.

The governor shall have power at any time to remove from office the commissioner of mines, for incompetency, neglect of duty or abuse of the privileges of his office.

Commission

SEC. 3206b. The commissioner of mines shall divide the State Inspectors. into three metalliferous mining districts and shall, with the consent of the governor, appoint three (3) inspectors of practical experience in mining, citizens of the United States and legal voters of the State of Colorado, and having had not less than seven (7) years' practical experience in mining in the State of Colorado, who shall hold their office for the term of two (2) years. Immediately after such appointment of said inspectors the said commissioner of mines shall assign an inspector to each of said districts and said inspector so assigned shall maintain a branch office in one county of his district wherein extensive mining is carried on, and the said commissioner of mines shall have authority to require that said inspector shall during his term of office, or such part thereof as he may determine, remain in the district to which he is appointed, wherein extensive mining is carried on, and whose additional duties shall be as hereinafter specified, and he shall appoint a clerk who must have a general knowledge of mineralogy, and shall act as assistant curator for the State mineral collection; and before entering upon the discharge of their duties shall subscribe to the oath required by the constitution, and each give bond to the State in the sum of $5,000, to be approved by the governor, conditioned upon the faithful performance of their duties, respectively; said bonds shall, together with the commissioner's bond, be deposited with the secretary of state. The commissioner of mines may appoint a stenographer, who shall act as assistant clerk, and such other competent assistants as he may deem necessary for the carrying out of the object of this act; provided appropriation be made therefor, and shall have power, with the consent of the governor, at any time, to remove the inspectors, clerks or other assistants for incompetency, neglect of duty or abuse of the privileges of his office.

SEC. 3206c. It shall be the duty of the inspectors to examine and report to the commissioner the condition of the hoisting machin

Duties.

Deputy spectors.

in

Information

ery, engines, boilers, whims, cages, cars, buckets, ropes and cables in use in all the metalliferous mines in operation in the State, the appliances used for the extinguishment of fires, the manner and methods of working and timbering the shafts[,] drifts[,] inclines[,] stopes, winzes, tunnels and upraises through which persons pass while engaged in their daily labors, all exits from the mine and how the mine is ventilated, together with the sanitary condition of the same, and also how and where all explosives and inflammable olls and supplies are stored, also the system of signals used in the mine. He shall not give notice to any owner, agent, manager or lessee of the time when such inspection shh be made.

SEC. 3206d. The commissioner of mines may as appropriations may be made therefor, from time to time, appoint deputy inspectors in the various mining camps or districts to investigate or report on accidents, or appoint such other competent assistants as he may deem necessary and proper for the carrying out of the object of this act; for the purpose of making more extended geological researches and surveys concerning the mineral districts of the State; the appointments of said deputy inspectors or assistants to become void upon the performance of the specific things or acts designated by the commissioner in their said appointment; but the entire expenses of the bureau must not in any one year be greater than can be paid out of the fund or appropriation provided therefor.

Geological, SEC. 3207. It shall be the duty of the commissioner of mines, as etc., collection. he has opportunity and means, aided by the other officers, except the inspectors, of the bureau, working under his instructions, to collect and preserve for study and reference, specimens of all the geological and mineralogical substances including mineral waters found in the State, especially those possessing economic or commercial value, which specimens shall be marked, arranged, classified and described, and a record thereof preserved, showing the character thereof and the place from whence obtained; to collect and in like manner preserve in his office minerals, rocks and fossils of other States, Territories and countries; to collect and make a part of the records of his office the geological surveys and reports bearing upon the mining industry heretofore made by other officers of the State or by the United States Government; to collect and record all data and records giving the history and showing the progress of the mining industry of the State from the earliest date up to the present time; to examine, report and reas to mines and cord the geological formation of each important mining district mining. and each important mine, giving the name of the mine, altitude, location, name of owners, character of vein development, character of walls or enclosing rocks, character and extent of ore veins or deposits, methods of ore extraction, powder [power] used, fuel used, water used in boilers, pressure carried, cost of fuel, cost of timbers, cost of transporting supplies to mine, cost per ton for transporting ore to market, method of treatment, cost of treatment per ton, average cost of sinking per foot, average cost of drifting per foot, average number of men employed, wages paid and hours worked, and all other information that will tend to give a correct idea of the expense and serve as a guide to profitable mining and milling of ore; to investigate and report and record the successfully used methods for the recovery of the precious metals, describing in detail mechanical operations of all important milling and reduction plants and results obtained; to investigate, report and record the advancement made in the application of electricity, comperssed [compressed] air, water power and steam as babor [labor] saving devices to all branches of mining operations; to collect statistics upon smelting, concentrating, milling and dressing of metalliferous ores, and upon all the mineral products of the State for reference and study; to distribute reliable information regarding the product, available supply, location, character and adaptability for economic purposes of the resources of Colorado in coal, coal oil, asphalt, iron, building stone, slates, marble, fire clays, cements, pottery and porclain