A coming out of such mine or mines; said scale or scales to be located at a reasonable distance from the point where the coal is delivered to the surface opening of the mine or mines, and in no case shall said scale or scales be located at a greater distance from said surface opening of the mine or mines than one hundred feet. Any owner, agent, operator, person, or persons having or using any scales or scale for the purpose of weighing the product of the miners' labor, and so arranges or constructs said scale or scales, or by any contrivance therewith connected causes the fraudulent weighing of such coal or said product, or who shall knowingly resort to, permit or employ any person or means whatsoever, by reason of which said product of the mine is not correctly weighed and reported in accordance with the true weight and the provisions of this act, shall be deemed guilty of a misdemeanor, and shall, upon conviction for each and every 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 ninety days, or by both such fine and imprisonment; proceedings to be instituted in any court of competent jurisdiction. Approved March 15, 1899. Payment of wages. SECTION 1. Sections 7058 and 7060 [of the Revised Statutes of Missouri for 1889] are hereby repealed. Approved May 15, 1899. Payment of wages. SECTION 1. Section 7059 of the Revised Statutes of Missouri for 1889, as amended by the acts of 1891, page 183, is hereby repealed and the following new section enacted in lieu thereof, to be known as section 7059: SECTION 7059. The employees of the operators of all mines operated within this State for the production of any kind of mineral shall be regularly paid in full of all wages due them at least once in every fifteen (15) days, except that the operators of coal mines shall pay their employees once every fifteen days, on demand of any such employee, and at no pay day shall there be withheld any of the earnings due any employee. Any such operator who fails or refuses to pay his employees, their agents, assigns or anyone duly authorized to collect such wages, or anyone interested in the payment due such employees, as in this section provided, shall become immediately liable to any such employee, his agents or assigns, or anyone interested for an amount double the sum due such employee at the time of such failure or refusal to pay the wages due, to be recovered by civil action in any court of competent jurisdiction within this State. And no employee, within the meaning of this article, shall be deemed to have waived any right accruing to him under this section by any contract he may make contrary to the provisions hereof: Provided, Coal mining companies may contract with their employees to pay once a month: And provided, further, That at no pay day of any coal mining company shall there be withheld of the earnings of any coal mine employee any sum to exceed the amount due him for his labor for ten days next preceding any such pay day. Approved May 3, 1899. Mine inspectors. SECTION 1. Section 7071 of an act to repeal section 7071 of an act entitled "An act to repeal section 7071, article 2, chapter 115 of the Revised Statutes of the State of Missouri," approved April 18, 1893, is hereby amended section, when so amended, shall read as follows: * * * so that said SECTION 7071. The governor shall appoint two mine inspectors, by and with the advice and consent of the senate, one for coal mines, who shall have had practical experience in coal mining, and one for lead, zinc, iron and other mines, and shall have practical mining experience in mines other than coal mines; neither of whom shall be interested in any mine; each to receive a salary of $1,500 per annum and actual traveling expenses, to be paid quarterly out of the general revenue fund. Approved May 18, 1899. Bureau of mines-Mine inspectors. (Page 307.) SECTION 1. An act entitled "An act to repeal section 7071, article 2, chapter 115, Revised Statutes of 1889, relating to the safety and inspection of mines," approved April 18, 1893, is hereby repealed and the following enacted in lieu thereof, to be known as section 7071: SECTION 7071. There is hereby created a department to be known as the bureau of mines, mining and mine inspection, with its office located in the State capitol. The governor shall appoint two mine inspectors, one for coal mines, who shall have had practical experience in coal mines, and one for lead, zinc, iron and other mines, who shall have had practical experience in lead and zinc mines and mines other than coal mines; neither of whom shall be interested in any mine, and each to receive a salary of $1,500.00 per annum. The inspectors shall have authority to appoint a secretary who, in addition to his other qualifications, shall be a draftsman and competent to thoroughly understand and prepare mine maps, and who shall act as assistant in the field to either of the inspectors when required, and shall receive a salary of $1,500 per annum. There shall also be allowed and paid out of the general revenue fund the actual traveling expenses of the inspectors, but not of the assistant, and the cost of postage, express charges and telegraphic messages. Approved April 26, 1899. [NOTE.-Although the two acts immediately preceding this note are both published in the Laws of Missouri of 1899, it seems probable that the former is intended to repeal the latter. As, however, they are both published by the State authorities they are both reproduced here.] Duties of mine inspectors. * (Page 307.) * * SECTION 1. Section 7072, chapter 115, article 2, of the Revised Statutes of the State of Missouri, is hereby amended so that said section, when amended, shall read as follows: SECTION 7072. The inspectors provided for in this article shall see that every necessary precaution is taken to secure the health and safety of the workmen employed in any of the mines in the State, that the provisions and requirements provided for in this article be faithfully observed and obeyed, and the penalties of the law enforced. They shall also collect and tabulate in their report, to be made to the governor on the 15th day of October of each year, the extent of the workable mining lands in this State by counties; also the manner of mining, whether by shaft, slope, or drift, the number of mines in operation, the number of men employed therein, the amount of capital invested and the amount and value of all mine products. Approved May 17, 1899. Competency of coal miners-Amending chapter 115, article 2, of the Revised Statutes of 1889, by adding a new section thereto, to be known as section 7077c. (Page 308.) [SECTION 1.] SECTION 7077c. Any person desiring to perform the work of a coal miner, and for himself to conduct room, entry or other underground mining in coal mines in this State, shall before being permitted to engage in such work, produce evidence of a satisfactory nature, that he has for two successive years worked in coal mines with or as a practical miner; such applicant to furnish evidence of his experience and qualifications to the coal mine inspector or to the person designated by said inspector to pass upon the competency of such applicant, and until said applicant shall have fully satisfied the coal mine inspector or the party designated by said inspector at the mine wherein such employment is sought, of his fitness to perform the duties as above mentioned, he shall not be allowed to mine coal unless associated with a practical miner for such length of time as will qualify said applicant to safely for himself and others perform underground work, and any owner, agent, or operator of any coal mine in this State, 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 fifty dollars nor more than two hundred dollars for each and every offense or by imprisonment in the county jail for a period of not less than thirty days nor more than sixty days, or by both such fine and imprison A ment, proceedings to be instituted in any court having competent jurisdiction: Provided, That in any case where a party offering to work in a mine, is by the mine inspector or his agent refused the privilege to work, but is nevertheless put to work by the mine operator, and the mine operator be prosecuted for permitting said party to work, it may be lawful for such mine operator to show, by way of defense, that the person put to work was competent to perform the work assigned to him, with safety to himself and his fellow-laborers: And provided, further, That the provisions of this act shall not apply to mines working or employing less than fifteen men: Provided, further, That the evidence of practical experience, where a miner leaves one mine to seek employment in any other mine in this State, may be certified to by the mine inspector or person or persons designated by him at the respective mines to pass upon the competency of the applicant, etc., and that such certificate of competency shall be good and sufficient evidence without further examination: Provided, further, That the judge of the circuit court of the district in which said coal mines are located shall have power to review and set aside the action of the mine inspector (of) [or] persons designated by him, and the decision of said judge shall be final. Approved June 2, 1899. Mines-Comfort of employees. (Page 309.) SECTION 1. On and after the passage and taking effect of this act, all owners, lessees and operators of any mine in this State, the work of which is located below the surface of the ground, entrance to which is had by any shaft, cut or tunnel, shall allow the laborers and miners in their several mines to come to the surface of the ground for the purpose of eating their noonday meal (or any other meal for which, under the rules of any mine a time is set apart); and that at least one hour shall be allowed any miner or laborer for that purpose, and for rest after he reaches the surface of the ground, and before reentering into any mine where he or she may be engaged as laborer or miner. Also, that the owner, lessee or operator of any mine in this State is hereby required to run his cage or hoisting apparatus to the surface of the ground for the purpose of carrying any such miner or laborer, who may be going to or returning from any such aforementioned meal and rest, free of cost to any such miner or laborer. SEC. 2. Any owner, lessee or operator of any mine in this State who shall fail or refuse to carry out any of the provisions of section one of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than one ($1) dollar nor more than twenty-five ($25) dollars; and each failure or refusal shall constitute a separate offense. SEC. 3. All acts or parts of acts not consistent with this act are hereby repealed. Approved May 8, 1899. Coal mines-Hoisting. (Page 310.) 1 SECTION 1. The owner, agent or operator of all coal mines employing twenty-five or more men, where steam is used in lowering or hoisting men in a shaft, shall cause a competent person to be stationed at the top of the shaft, and a competent person to be stationed at the bottom of the shaft, whose duties shall be to answer all signals for the lowering or hoisting of men in the shaft, and to keep watch over, and control of, such signals while men are being lowered or hoisted in the shaft. The persons so appointed to look after said signals shall be at their posts of duty at least thirty minutes before the hoisting of coal has commenced in the morning, and shall remain after the hoisting of coal has ceased in the evening, at least thirty minutes. Whenever six persons shall present themselves at the bottom of the shaft, and after having finished their day's work, or otherwise having been prevented from working, an empty cage shall be furnished the same on which to ascend. And any owner, agent or operator of coal mines in this State, 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 one hundred dollars, nor more than three hundred dollars for each offense, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment. Approved March 15, 1899. Coal mines-Inspection of weights and measures. (Page 311.) SECTION 1. The coal mine inspector of this State shall be ex officio inspector of weights, measures and scales used at coal mines, and he is hereby empowered and it shall be his duty to test the scales used to weigh coal mined in the mines of this State at least every six months, to ascertain whether or not such scales correctly measure the weight of such coal, and if defects or irregularities are found, 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 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 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 act the same as in other misdemeanor cases. Approved March 15, 1899. Coal mines-Miners' liens for wages. (Page 311.) SECTION 1. All miners and other employees engaged in the work of developing and opening up coal mines, the sinking of shafts, the construction of slopes or drifts, the driving of entries, mining coal, and for all other labor performed in and about coal mines, shall have, as security for such work performed, a lien upon all the property of the person, owner, agent, firm, or corporation owning, constructing or operating such mine or mines, used in construction or operation thereof, including real estate, building, machinery, pit cars, tracks, mules, scales, and all other personal property, to satisfy in full the amount due for such labor performed; the same to be enforced and secured upon the same general terms and after the manner of procedure in granting mechanics' liens. Approved March 15, 1899. Hours of labor in mines, etc. SECTION 1. It shall be unlawful for any person or persons, or corporation engaged in mining for minerals, stone or any valuable substance, or in making excavations at a greater depth than two hundred feet where lead or zinc ore is mined beneath the surface of the earth while searching for minerals, stone, or any valuable substance, to work their hands or employees, at such labor or industry, continuously longer than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day for all laborers or employees engaged in the kind of labor or industry aforesaid: Provided, That nothing in this section shall be so construed as to apply to any person or persons or corporations engaged in coal mining. SEC. 2. Any person or persons, or corporation who shall violate any of the provisions of the preceding section shall, on conviction, be fined in a sum not less than twenty-five nor more than five hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. SEC. 3. All acts or parts of acts inconsistent with this act are hereby repealed. Revising and amending chapter 152 of the Revised Statutes of 1889—Bureau of labor statistics, etc. (Page 371.) CHAPTER 152. ARTICLE I. SECTION 1. There is hereby established a separate and distinct department in this State, to be known as the "Bureau of labor statistics and inspection of factories, mines and workshops." (R. S. 1889, sec. 8215.) SEC. 2. The object of this department shall be to collect, assort, systematize and present in annual report to the governor, to be by him transmitted biennially to the general assembly, statistical details and information relating to all the departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary condition of the laboring classes, and to the permanent prosperity of the productive industries of the State, and also to secure the inspection of all factories, warehouses, workshops, foundries, machine shops and other manufacturing establishments, where persons, male and female, are employed throughout the State, and the observance of the regulations herein relating thereto. (R. S. 1889, sec. 8216, amended.) SEC. 3. The governor shall, with the advice and consent of the senate, appoint, immediately after this article goes into effect, and every two years thereafter, commencing on the first Wednesday in February, 1885, some suitable person to perform the duties herein required, who shall be known as commissioner of labor statistics and inspection," and who shall keep an office at the permanent seat of government. (R. S. 1889, sec. 8717, amended.) 66 SEC. 4. The commissioner shall have power and authority in the discharge of his duties to enter and to inspect all factories, warehouses, elevators, workshops, tunnels, foundries, machine shops and other manufacturing establishments, and he shall, as far as practicable, inspect or cause to be inspected the same, and shall, annually, on or before the 5th day of November, present a report thereof, in writing, to the governor, which shall contain statistical details relating to all departments of labor in the State, and to the inspection made by him, together with such other information as is contemplated by section 8216. (Ř. S. 1889, sec. 8218, amended.) SEC. 5. The commissioner shall have power to administer oaths or affirmations, to examine witnesses and to take and preserve evidence; and it shall be the duty of all State, county and municipal officers to furnish to said commissioner, upon his request, all statistical information in reference to labor which may be in their possession as such officers. (R. S. 1889, sec. 8219.) SEC. 6. The owner, lessee, operator or manager of any factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, shall not put at work or place therein for the purpose of labor or service, more persons in any one room than hygienic laws will warrant with safety to the health of such persons; all such rooms or places of employment shall have sufficient ventilation to carry off all foul or impure air, and to reduce the air of such room or place of employment to the standard of fresh air as near as may be practicable. Such rooms or places shall also have a sufficient number of doors, stairways and fire escapes for the ready egress and escape of the maximum number of employees therein; and it is hereby made the duty of said commissioner to include in his annual report any nonobservance of the requirements and regulations contained in this section which may come to his knowledge, together with the facts in relation thereto, and such suggestions and recommendations as he may deem proper. (R. S. 1889, sec. 8220, amended.) SEC. 7. Any owner, operator, manager, or lessee of any factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, or any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner admission therein for the purpose of inspection, or who shall, when requested by him, neglect or refuse to furnish to him any statistical or other information relative to his duties which may be in their possession or under their control, shall, for every such neglect or refusal, be deemed guilty of a misdemeanor, and shall, on conviction, be fined in a sum not less than twenty-five nor more than one hundred dollars. (R. S. 1889, sec. 8221, amended.) SEC. 8. The commissioner of labor statistics and inspection shall receive an annual salary of two thousand dollars, payable monthly, and said commissioner is hereby authorized to employ such assistance and incur such expense, not exceeding two thousand dollars per annum, as may be necessary to carry out the provisions of this article, such expenses to be paid on the vouchers presented by the commissioner: Provided, however, That said expenses shall not exceed, in any one year, the amount appropriated therefor; said commissioner shall, before entering upon the duties of his office, execute a bond to the State of Missouri, in the sum of twenty thousand dollars, with two or more good and sufficient sureties, conditioned upon the faithful, honest and impartial performance of his duties under this article, which bond shall be approved by the state auditor and filed in his office. Said commissioner shall include in his annual report to the governor an itemized statement of the expenses of the bureau incurred by him. (R. S. 1889, sec. 8222.) SEC. 9. Nothing herein contained shall be construed to repeal or in any way affect the provisions of an act entitled "An act providing for the health and safety of persons employed in coal mines, and providing for the inspection of same," approved |