MONTANA.

CONSTITUTION.

ARTICLE 15.-Contracts of employees waiving right to damages.

SECTION 16. It shall be unlawful for any person, company or Contracts limiting liabilcorporation to require of its servants or employees, as a condi- ity. tion of their employment or otherwise, any contract or agreement, whereby such persons, company or corporation, shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof; and such contracts shall be absolutely null and void.

ARTICLE 18.-Bureau of agriculture, labor, and industry.

reau.

SECTION 1. The legislative assembly may provide for a bureau Assembly may of agriculture, labor and industry, to be located at the capital provide for bu and be under the control of a commissioner appointed by the governor subject to the confirmation of the senate. The commissioner shall hold his office for four years, and until his successor is appointed and qualified, his compensation shall be as provided by law.

ARTICLE 18.-Employment of children in mines-Age limit-Hours of labor of employees on public works and in mines, smelters, etc.

SECTION 3. It shall be unlawful to employ children under the age of sixteen (16) years of age in underground mines.

SEC. 4. A period of eight hours shall constitute a day's work on all works or undertakings carried on or aided by any municipal, county or State government, and on all contracts let by them, and in mills and smelters for the treatment of ores, and in underground mines.

Limit of sixteen years. Limit of eight

hours per day.

SEC. 5. The legislature by appropriate legislation shall provide Enforcement. for the enforcement of the provisions of this article.

ANNOTATED CODES-1895.

POLITICAL CODE.

Inspection of steam boilers-Examination and licensing of

engineers.

SECTION 550. There must be appointed by the governor, by and with the advice and consent of the senate, one inspector of boilers, whose duty it is to inspect all steam boilers now in use in the State, not subject to inspection under the laws of the United States, and to examine and grant licenses to steam engineers intrusted with the care and management of steam boilers and steam machinery. The salary of the inspector of boilers is twenty-four hundred dollars per year, and his term of office is four years, unless sooner removed by the governor. The inspector of boilers must execute an official bond in the sum of five thousand dollars. SEC. 551. No person is eligible to hold the office of inspector of boilers and steam machinery who has not had at least five years of actual practice in the operations of steam engines, steam boilers and steam machinery, or who is directly or indirectly interested in the manufacture or sale of boilers or steam machinery, or any patented article required to be sold or in general use in the construction of steam boilers or steam engines.

SEC. 552 (as amended by chapter 45, Acts of 1907). There shall be two assistant inspectors of boilers, each of whom shall be called assistant inspector of boilers. Such assistant inspectors

Inspector of boilers.

Qualifica

tions.

Assistant in

spectors.

Rules to be adopted.

Inspection of boilers, etc.

Safety

valves.

must be persons who have had at least four years practical experience in the operation of steam engines and boilers, and must be persons of temperate habits and good character and qualified to perform the duties of their office. They shall be appointed by the governor, by and with the advice and consent of the senate, and be subject to removal at the will of the governor. The salary of each assistant inspector shall be eighteen hundred ($1,800.00) dollars per year. Each assistant inspector must execute an official bond in the sum of twenty-five hundred ($2,500.00) dollars.

There shall be a clerk to the State boiler inspector to be appointed by him, who shall also when not engaged in duties as clerk of the State boiler inspector's office, perform such duties as clerk of the State quartz mine inspector and State coal mine inspector's office, as those offices may require. The salary of the clerk to the boiler inspector shall be fifteen hundred ($1,500.00) dollars per year, and the clerk must execute an official bond in the sum of two thousand ($2,000.00) dollars.

SEC. 553 (as amended by chapter 32, Acts of 1905). The inspector of boilers must have his office at the seat of government, and must adopt rules as nearly uniform as possible for the inspection of steam boilers, and prescribe the nature and extent of the examination of applicants for licenses and adopt such rules for the issuing thereof as are required by the provisions of this article, and must adopt such rules as he may deem necessary to carry into effect the provisions of this article, and distribute copies of such rules among the engineers, superintendents of mines and mining companies of the State, and all persons having charge or control of steam machinery.

SEC. 554. The inspector of boilers must inspect all steam boilers and steam generators before the same are used, except in the case of new boilers, which must be inspected within ninety days after they are put in use, unless accompanied by a certificate that such boiler has been inspected by a regular State inspector, and all boilers must be inspected at least once in every year. And the inspector of boilers must subject all boilers to hydrostatic pressure, and satisfy himself by a thorough internal and external examination, that the boilers are well made and of good and suitable materials; that the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of the proper dimensions and free from obstructions; that the flues are circular in form; that the fire line of the furnace is at least two inches below prescribed minimum water line of the boilers; that the arrangement for delivering the feed water is such that the boilers can not be injured thereby, and that such boilers and their steam connections may be safely employed without danger to life. SEC. 555. He must also satisfy himself that the safety valves are of suitable dimensions, sufficient in number and area, and properly arranged, and that the safety valve weights are properly adjusted, so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate; that there are a sufficient number of gauge cocks properly inserted to indicate the amount of water, and suitable gauges that will correctly record the pressure of steam; and adequate and certain provisions for an ample supply to feed boilers at all times, and that suitable means for blowing out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers when they are Ma x Im um under pressure of steam. In subjecting boilers to the hydrostatic pressure. test, the inspector must assume one hundred and twenty-five pounds to the square inch as the maximum pressure allowable as a working pressure for new boilers of forty-two inches in diameter, made in the best manner, of plates one-fourth of an inch thick, and of good material; but the inspector must rate the working power of all high-pressure boilers according to their strength as compared with this standard, and in all cases the test applied must exceed the working pressure allowed, in the ratio of one hundred to seventy-five. Should the inspector be of the opinion that any boiler, by reason of its construction, or material, will

not safely allow so high a working pressure, or will allow a greater working pressure than is herein provided, he may, for reasons to be stated specifically in his certificate, fix the pressure of such boiler at more or less than three-fourths of the test pressure, as the case may be.

Use of bad

SEC. 556. No boiler or steam pipe, nor any of the connections thereto must be approved which is made in whole or in part of material, etc. bad material, or is unsafe from any cause. Nothing herein shall be construed to prevent the use of any boiler or steam generator which may not be constructed of riveted iron or steel plates, when the inspector has satisfactory evidence that such boiler or steam generator is equal in strength to and as safe from explosion as boilers of the best quality, constructed of iron or steel plates. In any case where for good cause the inspector is unable to make any such inspection or examination of any steam boiler, it is the duty of the assistant inspector to proceed and act in accordance with the requirements of this article as fully as the inspector is empowered to do.

Additi o n al

SEC. 557. In addition to the annual inspection, it is the duty of the inspector, or of the assistant inspector, to examine at proper inspections. times, when in their opinion such examination is necessary, all such boilers as shall have become unsafe from any cause, and to notify the owner or the person using such boilers of any defect and what repairs are necessary to render them safe.

Access to

Engineers to

SEC. 558. It is the duty of the owners or managers of steam boilers to allow the inspectors free access to the same, and the boilers. engineer operating the same must assist the inspectors in their examinations and point out any defects they may know in the boilers or machinery in their charge. Any engineer not complying with this section shall have his license revoked or be suspended. SEC. 559. No person must be granted a license to operate steam boilers or steam machinery under the provisions of this article be licensed. who has not been examined by an inspector and found competent to perform the duties of an engineer and receive from such inspector a written or printed license so to act. Any person who operates any steam boiler or steam engines without first obtaining a license from an inspector or assistant inspector is guilty of a misdemeanor.

Classes of

SEC. 560 (as amended by chapter 32, Acts of 1905). Engineers entrusted with the care and management of steam machinery as engineers. specified in section 559, must be divided into three classes, namely: First-class engineers, second-class engineers, and third-class engineers. No license must be granted to any person to perform the duties of first-class engineer who has not taken and subscribed an oath that he has had at least three years' experience in the operation of steam boilers and steam machinery, or whose knowledge and experience is not such as to justify the belief that he is competent to take charge of all classes of steam boilers and steam machinery. No license must be granted to any person to act as second-class engineer who has not taken and subscribed an oath that he has had at least two years' experience in the operation of steam boilers and steam machinery, and is, on examination, found competent to take charge of all classes of steam boilers and steam machinery, not exceeding one hundred horsepower. No license must be granted to any person to act as third-class engineer, who has not served at least one year as fireman under a competent engineer and [is] found upon examination to be sufficiently acquainted with the duties of an engineer to be intrusted with steam boilers and steam machinery, not exceeding twenty horsepower. All firemen who have charge of steam boilers as to the regulation of feed, water and fuel, where the boilers are so situated as not at all times to be under the eye of the engineer in charge, are required to pass a third-class engineer's examination and procure the same kind of license. Engineers not holding licenses of any of the above classes and who are intrusted with the care and management of traction engines or engines or boilers on wheels, other than locomotives, are required to pass an examination as to their competency to operate such class of machinery

Firemen,

cense.

Traction - and to procure a license to be known as a traction license. Such traction license shall not entitle the holder thereof to operate any other class of steam machinery specified in section 559. No license shall be granted to any person to act as traction engineer who is not found, upon examination, to be sufficiently acquainted with the duties of a traction engineer to be intrusted with the care of traction engines.

Revocation

of license.

SEC. 561. Whenever complaint is made against an engineer holding a license from the inspector, that he, through negligence, want of skill, or inattention to duty, permitted his boiler to burn, or otherwise to become in a bad condition, or that he has been found intoxicated while on duty, it is the duty of the inspector or assistant inspector to make a thorough investigation of the charge, and upon satisfactory proof of such charge to revoke the license of such engineer. The inspector and assistant inspector must, as often as convenient, publish a notice in some suitable newspaper, stating upon what days they will be in certain specified localities, and that they will then and at the time and place specified in such notice, receive applications and make examinations for the purpose of granting engineers' certificates, and that they will examine all boilers subject to inspection in the vicinity of the place appointed. Inspections SEC. 562. In making the inspection of boilers and machinery may be joint herein provided for, the inspectors may act jointly or separately; or separate. but the inspector or assistant inspector, making such inspection, must in all cases subscribe and make oath to the certificate of incer-spection, and report such action. Any inspector or assistant inspector who willfully and falsely certifies regarding any steam boilers or their attachments, or grants a license to any person to act as engineer, contrary to the provisions of this article, is punishable under the provisions of section 635, of the Penal Code.

False tificate.

SEC. 536 (as amended by chapter 32, Acts of 1905). The inspector or assistant inspectors are authorized to charge a fee of ten dollars for the inspection of each single boiler and its steam connections, and five dollars for each additional boiler when connected. The fee for the inspection of each traction engine or boiler on wheels shall be ten dollars. The fee for the inspection of boilers in incorporated cities shall be five dollars. Such fees shall be payable at the time of the delivery of the inspector's certificate of inspection. The fee for the examination of applicants for engineers' licenses is $7.50 for first-class engineers, $5.00 for secondclass engineers, $3.00 for third-class engineers and $3.00 for traction engineers; to be paid at the time of the application for license. In case of the failure of any applicant to pass a successful examination ninety days must elapse before he can again be examined as an applicant for license in the class for which he was examined. But the inspector may grant to the applicant a lower grade of license than that applied for upon such examination. All certificates of inspection and engineer's licenses must be displayed in a conspicuous place in the engine room.

SEC. 564. If any person who has applied for a license as a first or second or third class engineer, under the provisions of this article, and has been rejected, feels aggrieved, he may at any time after the lapse of ten days, and within ninety after the date of his rejection, by petition in writing, set forth the causes of his grievance and demand another examination. Such petition must be addressed to and served upon the inspector, and shall be duly verified by the rejected applicant, and accompanied by the required fee for a second examination. Within two days after receiving such petition and fee, it is the duty of the inspector to notify the applicant in writing that on a day certain, which shall not be less than five nor more than forty days after the date of the service of the petition upon such inspector, he will be ready to grant him another examination. At least two days before the day set for examination the applicant must designate in writing to such inspector the name of an engineer holding a certificate of

equal grade with the one applied for and such engineer may present himself upon the day and at the hour fixed for the reexamination.

SEC. 565. Upon the same day, or any day prior to the date set Reexaminafor such examination the inspector and selected engineer must in tion. writing agree upon and designate and notify a third disinterested engineer holding a license equal in grade to the license applied for by the rejected applicant, to sit with them. On the day and hour set for such examination all three of such board, that is, the inspector and the engineer selected by the applicant and the engineer agreed upon by them, must proceed to carefully reexamine such applicant and fully and fairly test his qualifications and capabilities to receive a license such as he has applied for. After such examination is completed, if a majority of such board decide that such applicant is entitled to the license he has applied for, cr any license of any inferior grade, the inspector must without delay issue a certificate accordingly, but if a majority of such board reject the applicant, it is a final rejection, and he must not be granted another examination for the space of ninety days after such last rejection, when he may again apply to the inspector or assistant inspector as provided by section 563 of this article, and no person must be granted more than one reexamination before a board under the provisions of this article. One-half of the fee which may have accompanied any rejected applicant's petition for reexamination must be awarded by the inspector to each of the engineers who sit on any such examining board, and in case the applicant is granted a license the fee paid when he was first rejected is the fee for the issuing of such license granted by any board. In case any engineer selected or agreed upon as by this section is provided, fails or neglects to appear or serve, another may be selected in his place in the manner herein provided.

SEC. 566 (as amended by chapter 32, Acts of 1905). This article Application does not apply to locomotives in Montana, nor to boilers used for of law. heating purposes in private residences, nor to any boiler having a capacity of only five horsepower or less; nor are locomotive engineers or persons operating any of the engines or boilers herein exempted from the operation.of this article, required to procure licenses from the inspector or assistant inspectors. It shall be the duty of the owner or user of any traction engine or boiler on wheels, other than locomotives, to notify the inspector of the location of such boiler on or before the first day of June in each year. Any owner or user of such engine or boiler failing to so notify the inspector shall be punished by a fine or [of] not less than twenty-five dollars nor more than one hundred dollars.

SEC. 567 (as amended by chapter 32, Acts of 1905). All certificates of license to engineers of all classes shall be renewed yearly. The fee for renewal is $1.00 in all cases. Any engineer failing to renew his license as herein provided, or within at least thirty days thereafter, must forward this fee for an original license of the same grade before license can be reissued. All moneys collected by virtue of this article must be paid into the State treasury at least as often as once in each month. The inspector of boilers must make an annual report to the governor on the tenth day of December of each year, setting forth the moneys collected by himself and the assistant inspectors from any and all sources, and the disbursements, and the number of boilers inspected by them, and the number and grades of licenses issued by them and to whom, and the general results and experiences of his office, and such recommendations as to him may seem fit and proper. Said report must also refer to and account for the causes of any boiler explosions which may have occurred in the State during the year, and the loss of life or property resulting therefrom.

Renewal licenses.

of

Operating

SEC. 568. It is unlawful for any person in the State to operate a stationary boiler or steam engine, or any boiler or steam engine boilers without license. other than railroad locomotives or other engines and boilers exempted in section 566, of this article, without a license granted under the provisions of this article. The owner, renter, or user of