determine the quality of the coal mined, for the purpose of testing the accuracy of all such scales, machinery, or apparatus; and such land-owners or other persons may designate or appoint a competent person to act for them, who shall at all proper times have full right of access to, and examination of, such scales, machinery, or apparatus, and seeing all weights and measures of coal mined, and the accounts kept of the same; but not more than one person, on behalf of the landowners, or other person interested in the rental or royalty, jointly, shall have such right of access, examination and inspection of scales, weights, measures and accounts, at the same time, and that such persons shall make no unnecessary interference with the use of such scales, machinery, or apparatus, and the miners employed in any mine may, from time to time, appoint two of their number to act as a committee to inspect, not oftener than once in every month, the mine and the machinery connected therewith, and to measure the ventilating current, and if the owner, agent, or manager so desires, he may accompany said miners, by himself, or two or more persons whom he may appoint for that purpose. The owner, agent, or manager shall afford every necessary facility for making such inspection and measurement; but the said miners shall not in any way interrupt or impede the work going on in the mine at the time of such inspection and measurement. SEC. 3190. Any miners, workmen, or other person, who shall intentionally injure any shaft, lamp, instrument, air course or brattice, or obstruct or throw open air ways, or open a door and not close it again, or carry lighted pipes or matches into places that are worked by safety lamps, or handle or disturb any part of the machinery, or enter any place of the mine against caution, or who willfully neglects or refuses to securely prop the roof of any working place under his control, or disobey any order given in carrying out the provisions of this act, or do any other act whereby the lives or the health of persons, or the security of the mines or machinery is endangered shall be deemed guilty of a misdemeanor, and upon conviction may be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or may be imprisoned in the county jail not less than thirty days, nor more than one year, or may be punished by both such fine and imprisonment at the discretion of the court.

SEC. 3191. In case any owner or agent disregards the requirements of this act, any court of competent jurisdiction may, on application of the inspector, by civil action in the name of the State, enjoin or restrain the owner or agent from working or operating such mine with more than twelve miners under ground during each twenty-four hours, until it is made to conform to the provisions of this act. And such remedy shall be cumulative, and shall not take the place of or affect any other proceedings against such owner or agent, authorized by law for the matter complained of in such action.

SEC. 3192. For any injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions by any owner or lessee or operator of any coal mine or opening, a right of action against the party at fault shall accrue to the party injured for the direct damages sustained thereby, and in any case of loss of life by reason of such violation or failure, a right of action against the owners and operators of such coal mine or colliery shall accrue to the widow and lineal heirs of the person whose life shall be lost, for like recovery of damages for the injury they shall have sustained.

SEC. 3193. The provisions of this act shall not apply to or affect any coal mine in which not more than ten men are employed underground during each twentyfour hours, but on the application of the proprietor, or of the miners in any such mine, or when the mine inspector may deem it necessary, said mine inspector shall make, or cause to be made, an inspection of such mine, and shall direct and enforce any regulations in accordance with the provisions of this act, that he deems necessary for the safety and health of miners.

SEC. 3194. That the board of examiners heretofore appointed under the provisions of this act concerning coal mines, approved February 24th, 1883, and amended by this act, shall hold their office for and during the time for which they were appointed, to wit: until January 1st, A. D. 1887. And it shall be the duty of the board of examiners to meet at such times, and at such places within this State, as may be directed by the governor of this State, and examine such persons as may present themselves for examination, touching their qualifications for the office of mine inspector, as provided in this act, and shall inquire into their character and qualifications, and shall certify the names of such persons as they shall find to be competent to fill such office of mine inspector, to the governor, which list of names, so certified, shall be placed on file in the office of secretary of state. Members of such board of examiners shall, before entering upon their duties, take and subscribe the following oath, viz: We, the undersigned, do solemnly swear (or affirm), that we will perform the duties of examiners of applicants for appointment of

inspector of coal mines to the best of our abilities, and that in recommending or rejecting said applicants we will be governed by the evidence of qualifications to fill the position under the law creating the same, and not by any consideration of political or personal favors; that we will certify all whom we may find qualified, according to the true intent and meaning of the act, and none others, to the best of our judgments. The qualifications of candidates for said office of inspector of mines to be inquired into and certified by said examiners, shall be as follows, namely: They shall be citizens of the United States, of temperate habits, of good repute as men of personal integrity, shall have attained the age of thirty years, and shall have had at least one year's experience in the working of the coal mines of Colorado, and five years of practical experience in the workings of coal mines in the United States, and have a practical knowledge of mining engineering, and of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of mines, particularly fire damp. The board of examiners 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 hereinbefore provided. 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. On January 1st, A. D. 1887, and every four years thereafter, the governor shall appoint one reputable mining engineer, of known ability, and shall notify the judges of four of the judicial districts of the State, within which coal mines are being operated, to each appoint one reputable coal-miner of known experience and practice, from their respective districts, 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 two thousand dollars, and ten cents per mile mileage 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 or 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 to 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 mine, or as a mining engineer for any coal mining company, or to be interested in operating any coal mine, shall at the same time act as an inspector of coal mines under

this act.

SEC. 3197. The inspector of coal mines and his deputy shall devote the whole of their time to the duties of their office. It shall be the duty of the inspector or his deputy to enter into and thoroughly examine all coal mines in this State in which more than ten men are employed at least once each quarter, to see that all the provisions of this act are observed and strictly carried out and the inspector or his deputy, or both, may enter, inspect and examine any coal mine in the State, and the works and machinery belonging thereto, at all reasonable times, by night or day, but so as to not unnecessarily obstruct or impede the workings of the mine; and the owner or any agent of such mine is hereby required to furnish the means necessary for such entry and inspection. The inspector shall make to the governor of the State a biennial report, which shall show the number of coal mines, and development on the same, during each year, and of persons employed in and about each mine, and the extent to which the law is obeyed, the progress made in the improvement sought to be secured by the passage of this act; the number of accidents and deaths resulting from injuries received in coal mines; as

also statistics showing output of coal and development made annually at each mine, with all facts concerning the production and transportation of coal to market, and other facts of public interest coming under the provisions of this act; which record shall be filed in the inspector's office. The inspector is hereby authorized to employ a deputy inspector and such clerical assistance as may be required in his office.

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SEC. 3198 (as amended by chapter 123, acts of 1893). 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 workings. Side holes to be not more than twentyfive 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 inspector of coal mines shall have the authority to compell [compel] the owners, agents or lessees of coal mines to remove any or all fine coal or slack which may accumulate in the working places 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 an other 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 debris, 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 storage of gunpowder or any other kind of blasting agent. On all underground roads where coal is hauled by machinery and where the 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.

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CHAPTER 97.-Convict labor.

SEC. 3425. * * he [the warden] shall employ such a number of convicts in making such improvements as said commissioners may deem advisable, and he shall employ the remainder of the convicts in such labor as may be most advantageous to the penitentiary; Provided, however, That he shall classify the convicts, and if it shall be more in the interest of the penitentiary to hire out the labor of the convicts, to be worked under the superintendence of the warden, he may hire out such labor with the consent of the commissioners.

SEC. 3435. The warden, under the direction of the board of commissioners, shall hire out the labor of the convicts to the best advantage, but in no case shall a convict be allowed to go out to labor without being under the custody of a guard or overseer of the penitentiary.

SEC. 3436. That no labor shall be performed by the convicts of the Colorado state penitentiary off the grounds belonging to said penitentiary, except such as may be incident to the business and management of the penitentiary: Provided, That this act shall not be construed to affect any existing contract.

SEC. 3447. It shall be unlawful for the State of Colorado, its officers or representatives, to hire out the persons now confined, or who may hereafter be confined, as convicts in any penitentiary or prison that now is or hereafter may be established in the State of Colorado for the confinement of persons convicted of crimes or misdemeanors, to perform labor of any kind or description whatsoever outside of the prison walls or grounds owned or leased by the State of Colorado in the vicinity of such penitentiary or prison; that such convicts shall not be hired out to perform labor of any description, for pay or gain of any description, nor shall their services be given free to any person or class, or association of persons, beyond the limits herein before described, under penalty hereinafter provided; Provided, That said board of penitentiary commissioners shall not hire out any convict for the purpose of carrying on an industry that comes in competition with free labor in the State of Colorado; And provided further, That all labor shall be done under the supervision of the said board and the warden of the penitentiary. SEC. 3448. It shall be unlawful for any person, or corporation, or association whatsoever, or any county, city or town within the State of Colorado, to hire or bring into the State to perform labor, any persons convicted of crimes or misdemeanors of any description whatsoever in any State or Territory of the United States under penalty hereinafter provided. Provided, That nothing in this act shall be construed to apply to ex-convicts.

SEC. 3449. It shall be unlawful for the State, its officers or representatives, or any county, city or town or their officers or representatives, to knowingly bring into the State or cause to be brought into the State any material for use in the erection of, or repairing of any public building, the labor in preparing which or any part of which has been performed by convicts.

SEC. 3450. A violation of any provision of this act shall be punished by a fine of not less than three hundred (300) dollars or more than one thousand (1000) dollars, or imprisonment for not less than three (3) months or more than five (5) years or both.

CHAPTER 101.-Seats for female employees.

SEC. 3604. Every person, corporation or company employing females in any manufacturing, mechanical or mercantile establishments in this State, shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.

SEC. 3605. Any person, corporation or company violating any of the provisions of this act, shall be punished by fine of not less than ten dollars nor more than thirty dollars for each offense.

CHAPTER 117.-Convict labor.

SEC. 4163. It shall be the duty of the warden, [of the state reformatory] under the rules adopted by the commissioners for the government of the institution:

Fourth. To use every proper means to furnish employment to the inmates, both beneficial to the State and best suited to their several capacities; Provided, That so far as practicable, the industries upon which such convicts shall be employed shall be the manufacture of articles not elsewhere manufactured in this State.

CHAPTER 119.-Inspection, etc., of steam boilers.

SEC. 4192. The governor of the State of Colorado shall, by and with the advice and consent of the senate, on or before April 1, 1889, appoint an inspector of steam boilers. The person so appointed shall be well qualified, from practical experience in the use and construction of boilers, generators, super-heaters and their appurtenances, used for the generating of steam for power, steaming or heating purposes, and shall be neither directly nor indirectly interested in the manufacturing, ownership or agency of same. The duty of said inspector shall be to inspect steam boilers throughout the State, as hereinafter specified and directed. The inspector shall hold office for the term of two years from date of appointment, and until his successor shall be appointed and qualified, and before entering on the duties of his office he shall give a good and sufficient bond in the sum of five thousand (5000) dollars for the faithful performance of his duties, to be approved by the attorneygeneral, and deposited with the secretary of state. Said inspector shall receive an annual salary of two thousand five hundred (2,500) dollars and mileage at ten cents per mile, payable as other state officers; Provided, He shall not receive mileage to exceed five hundred dollars in any one year. Said inspector may appoint deputy inspectors in each judicial district in the State, and who shall have the same powers as the inspector, who shall receive as compensation four dollars per day while actually employed, and shall be paid in the same manner as other state officers, and mileage at ten cents per mile. He may also employ a clerk at an annual salary not exceeding one thousand (1,000) dollars, to be paid monthly, as other state officers.

SEC. 4193. The inspector shall devote his time and attention to the duties of the office. He shall carefully inspect and test every stationary boiler and steam generating apparatus under pressure used for stationary power, as provided by this act, including all attachments and connections located within the State of Colorado, once annually, and shall give the owner of any such boiler five days' notice of the time when he will make such inspection; Provided, That any owner or user of any steam boiler in this State who may desire to insure such boiler in any reputable insurance company, and who shall desire to have an inspection made for the purpose of said insurance, may give to said state steam boiler inspector ten days' notice in writing, of the time of such contemplated insurance inspection, and it shall thereupon be the duty of said state steam boiler inspector to cause the annual state inspection, [by] this act provided, to be made at the same time that said examination for insurance is made; he shall examine into and report to the governor the cause of any boiler explosion that may occur within the State; he shall keep in his office a complete and accurate record of the names of owners or users of steam boilers inspected, giving a full description of the same, the amount of pressure allowed, the date when last tested, and shall make an annual report to the governor.

SEC. 4194. It shall be the duty of every owner or user of steam boiler or boilers, in use or to be used in any part of this State within thirty days after the passage of this act, and once a year thereafter, at such convenient times and in such manner and form as may be determined by rules and regulations to be made therefor by the inspector, to report to said inspector the location of such steam boiler or boilers, and all apparatus and appliances connected therewith, and the strength and security of such boiler shall be tested by hydrostatic pressure, each boiler being tested one-third greater than the ordinary working steam pressure used, and to a pressure demanded by the owner; and the certificate of inspection herein provided shall state the maximum pressure at which such boiler may be worked. If at any time the inspector shall find a boiler which, in his judgment, is unsafe after inspecting the same, he shall condemn its future use. All boilers to be tested by hydrostatic pressure shall be filled with water by the owners or users, and they shall furnish the necessary labor required to work and handle the pumps in applying the test, which pumps shall be furnished by the inspector if necessary. All certificates shall be for one year, unless sooner revoked for cause.

SEC. 4195. The owners or users of steam boilers, or engineers in charge of same, shall not allow a greater pressure in any boiler than is stated in the certificate of inspection granted by the inspector. No person or persons shall use or cause to be used for generating steam any boiler that has been condemned as unsafe by the inspector. Before the owner, owners or users of any steam boiler or boilers shall have said boilers placed in position, he or they shall notify the inspector, who shall, within ten days from the date of receiving such notification, examine the same and satisfy himself that the construction, material, bracing and all other parts of such

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