Prev Page--Mine Directory || Next Page--References
Mine Laws
General Statutes of 1897, Chapter 149, Coal Mines and Mining
Article 1—Preservation of Health and Safety in Mines
Escapement Shaft—Regulations
Chapter 115, Laws of 1875.
§ 1. The owner or owners or lessee of each and every coal mine or colliery in this state which is worked by means of a shaft shall make and construct an escapement-shaft, making at least two distinct means of ingress and egress for all persons employed or permitted to work in such coal mine or colliery. Such escapement-shaft, or other communication with a contiguous mine, shall be constructed in connection with every stratum of coal worked in such coal mine or colliery; and every escapement-shaft or other communication; with a contiguous mine as aforesaid shall be so constructed as to be accessible from every entry, plane or level in said coal mine or colliery, in case of a fire or other accident to the main shaft; provided, that the provisions of this law shall not apply to the coal mine at Leavenworth until the chambers, drifts or passages shall have reached the east side of the Missouri river.
§ 2. The time allowed for such construction shall be four months for the first fifty feet or fractional part thereof, and three months for every additional fifty feet in depth of said escapement-shaft so to be constructed; and every such escapement shall be separated from the main shaft by at least one hundred feet of natural strata.
[The two preceding sections should be considered in connection with the provisions of chapter 159 of the Laws of 1897, which act constitutes article 3 of this chapter.]
§ 3. Any owner or owners or lessee of any coal mine or colliery who shall neglect or refuse to comply with sections one and two of this act shall .be deemed guilty of a misdemeanor, and subject to a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail not more than three months, or by both such fine and imprisonment.
§ 4. Any miner, workman or other person who shall knowingly obstruct or throw open any airways, or carry lighted lamps into places that are worked by the light of safety-lamps, or who shall move or disturb any part of the machinery of the hoisting engine or whim, or open a door in a mine and not have the same closed again, whereby danger is produced either to the mine or those at work therein, or who shall enter into any part of the mine against caution, or who shall disobey any order given in pursuance of this act, or who shall do any willful act whereby the lives and health of persons working in the mine, or the security of the mine or miners, or the machinery thereof is endangered, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine or imprisonment at the discretion of the court.
§ 5. The terms" owner" or "owners" or "lessee," as used in this act, shall include the immediate proprietor, lessee or occupier of any coal mine or colliery, or any person having on behalf of any owner or owners or lessee as aforesaid the care and management of any coal mine or colliery or any part thereof.
Inspector of Mines—Qualifications—Duties
Chapter 117, Laws of 1883, with Amendments
§ 6. As soon as practicable after the passage of this act, the governor of the state with the advice and consent of the executive council shall appoint a qualified person to be inspector of mines provided for in this act. The qualifications for said office of inspector of mines shall be as follows, namely: He shall be a citizen of the United States, and shall have resided in the state of Kansas for two years, of temperate habits, of good repute, a man of personal integrity, shall have attained the age of thirty years, and shall have had at least five years experience working in and around coal mines; and he shall furnish evidence of such practical as well as theoretical knowledge of the working of coal mines and noxious gases as will satisfy the governor and executive council of his capacity and fitness for the performance of the duties imposed upon an inspector of mines by the provisions of this act. His commission shall be for two years, to be computed from the thirtieth of June next.
§ 7. As often as vacancies occur by death, resignation or otherwise in said office of inspector of mines, the governor in the same manner shall fill the same by appointment for the unexpired term. Nothing in this act shall be construed to prevent the reappointment of any inspector of mines. The inspector of mines shall receive for his services an annual salary of two thousand dollars, to be paid in installments at the end of each quarter, by the state treasurer.
§ 8. He shall reside in the state, and keep an office as centrally located as practicable to the mining districts of the state. The executive council is hereby authorized to procure such instruments and chemical tests and stationery from time to time as may be necessary for the inspector in 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 the executive council and audited by the auditor of the state. All the instruments, plans, book memoranda, notes, etc., pertaining to the office shall be the property of the state, and shall be delivered to his successor in office.
§ 9. The inspector of coal mines shall before entering upon the discharge of his duties give bond in the sum of three thousand dollars, with sureties to be approved by the executive council, conditioned for the faithful discharge of his duty, and take an oath or affirmation to discharge his duty impartially and with fidelity, to the best of his knowledge and ability.
§ 10. No person who shall act as a manager or agent of any coal mine, or as a mining engineer, or be interested in operating any coal mine, shall at the same time act as inspector of coal mines under this act.
Openings in Mines—Safety of Miners
§ 11. It shall not-be lawful after six months from the passage of this act for the owner, agent or operator of any coal mine to employ any person at work within said coal mine, or permit any person to be in said coal mine for the purpose of working therein, unless they are in communication with at least two openings, separated by natural strata of not less than eighty feet in breadth if the mine be worked by shaft or slope, and if worked by drift not less than fifty feet, provided however that such coal mine shall not exceed one hundred feet in depth from the surface to the coal; and for every additional one hundred feet or fractional part thereof six months additional time will be granted; but in all cases the number of men shall be limited not to exceed twenty-five until the second opening is perfected and made available; and a roadway to the same shall be kept open not less than three feet high and four feet wide, thereby forming a communication as contemplated in this act; but the limit herein prescribed as to the number working in the shaft before the completion of the second opening shall not apply to mines exceeding, seven hundred feet in depth. And for failure to do as provided in this section, the owner, agent or operator shall be subject to the penalty provided for in section sixteen of this act [§ 21 of this chapter.] And in case of furnace ventilation being used before the second opening is reached, the furnace shall not be within forty feet of the foot of the shaft, and shall be secured from danger from fire by brick or stone walls of sufficient thickness; and the flues shall be composed of incombustible material to an extent of not less than thirty feet from the furnace and the mine while being driven for making or perfecting a second opening.
§ 12. In all cases where the human voice cannot be distinctly heard, the owner, agent or operator shall provide and maintain a metal tube from the top to the bottom of the shaft or slope, suitably adapted to the free passage of sound, through which conversation may be held between persons at the bottom and top of such shaft or slope; and there shall also be maintained the ordinary means of signaling to and from the top and bottom of such shaft or slope.
§ 13. In all mines of 100 feet in depth or over from the surface of the ground an improved safety catch shall be used, and sufficient horns or flanges shall be attached to the sides of the drum of every machine that is used for lowering or hoisting persons into and out of said mine where steam. is used, and adequate brakes shall be attached thereto. The main link attached to the swivel of the wire rope shall be made of the best quality of iron, and shall be tested by weights or other means satisfactory to the inspector of mines of the state; and bridle chains shall be attached to the main link from the cross pieces of the cage, and no single-link chain shall be used for lowering or raising persons in to or out of said mine; and not more than six persons shall be lowered, or hoisted by the machinery at anyone time; and only sober, competent and experienced engineers shall be employed, and said engineer shall have attained at least the age of eighteen years; and on no account shall any coal be hoisted, or timber or any other material sent up or down, or empty cars, while persons are descending into or ascending out of said mine.
Escapement-Shafts—Examination of Engines and Boilers
§ 14. In all coal mines hereafter opened or that shall, hereafter go into operation in the state, the owner thereof, or owners, lessee, agent or operator, shall construct such escapement-shaft as is now required by law in this state, at the rate of fifty feet every six months until such escapement-shaft shall have been fully completed; and until such escapement-shaft is fully completed and connected with the main shaft it shall be unlawful to work over twenty-five men in said mine; provided, that the number of men to be employed in any mine seven hundred feet deep or more, prior to the time when a second or air shaft is sunk, shall be designated by the state mine inspector after a careful examination of all the conditions as to the safety and health of the men in the mines.
§ 15. Every steam boiler used in or around the coal mines of this state shall be provided with a proper steam gauge and water gauge, to show respectively the pressure of the steam and the hight of the water in the boiler, and to be also provided with a proper safety-valve; and the owner, agent or operator shall have the said boiler or boilers examined and inspected by a competent boiler-maker or other qualified person once in every six months, and the result of every examination shall be certified in writing and conveyed to the mine inspector, to be filed in the records of his office.
§ 16. In order to better secure the proper ventilation of every coal mine and promote the health and safety of the persons employed therein, the owner, agent or operator shall employ a competent and practical inside overseer, to be called "mining boss," who shall keep a careful watch over the ventilating apparatus, the air-ways, traveling-ways, pumps and pump timbers and drainage, and shall see that as the miners advance their excavations all loose coal, slate and rock overhead are carefully secured against falling in upon the traveling-ways. And every underground plane upon which persons travel, worked by self-acting pulleys, engines, windlasses or machinery of whatever description, shall be provided with proper means of, signaling between the stopping-places and the ends of the plane ; and shall furthermore be provided in every case, at intervals of not more than thirty feet, with sufficient man-holes for places of refuge. And every road on which persons traveling underground, where the coal is drawn by mules or other animals, shall be provided at intervals of not more than sixty feet with sufficient man-holes for places of refuge. And every mine shall be supplied with sufficient prop timber of suitable length and size for the places where it is to be used, and kept within easy access. And it shall also be the duty of the mining boss to measure the air current at least once per week at the inlet and outlet, and at the face of the workings, and keep a record of such measurements, and report the same to the inspector of the state once in every month. The safety-lamps used for examining the mines, or which may be used for working therein, shall be furnished by and be the property of the owner of said mines, and shall be in charge of the agent of such mine. And in all mines generating explosive gases the doors used in assisting or directing the ventilation of the mine shall be so hung and adjusted that they will close themselves, or be supplied with springs or pulleys so that they cannot be left standing open; and boreholes shall be kept not less than twelve feet in advance of the face of every working place, and when necessary on the sides, if the same is driven toward and in dangerous proximity to an abandoned mine suspected of containing inflammable gases or which is inundated with water.
Map or Plan of Coal Mine
§ 17. The owner, agent or operator of every coal mine shall make or cause to be made within six months after the passage of this. act an accurate map or plan of the workings of such coal mine, and each and every vein thereof, on a scale not exceeding one hundred feet to the inch, and showing the bearings and distances, which shall be kept in the office of such coal mine; and it shall be the duty of the owner, agent or operator of such coal mine to furnish the state inspector with a true copy of said map or plan, the same to be deposited at his office. And such owner, agent or operator shall cause, on or before the tenth day of July of each year, a plan of the progress of the workings of such coal mine during the year past to be marked on the original map or plan of the said coal mine, and the inspector shall correct his map or plan of said workings in accordance with the above plan or map thus furnished. And when any coal mine is worked out or abandoned the fact shall be reported to the inspector, and the plan or map of such coal mine in his office shall be carefully corrected and verified; provided. if the owner, agent or operator of any coal mine shall neglect or refuse or for any cause fail for the period of two months after the time prescribed to furnish the said map or plan as hereby required, or if the inspector shall find or have reason to believe that any map or plan of any coal mine furnished in pursuance of this act is materially inaccurate or imperfect, he is hereby authorized to cause a correct map or plan of the actual workings of said coal mine to be made at the expense of the owner, agent or operator thereof, the cost of which shall be recovered from said owner, agent or operator as other debts are recoverable by law; provided, that if the map or plan which the inspector claimed to be incorrect shall prove to have been correct, then the said expense shall be paid by the inspector.
Duties of Inspector of Mines
§ 18. The inspector of mines shall devote the whole of his time to the duties of his office. It shall be his duty to examine each mine in the state as often as possible, and at least twice each year, to see that all provisions of this act are observed and strictly carried out; and he shall make a record of all examinations of mines, showing the condition in which he finds them, the number of persons employed in and about each mine, the extent to which the law is obeyed, the progress made in the improvements sought to be secured by the passage of this act, the number of accidents and deaths resulting from injuries received in the mines, and all other facts of public interest concerning the condition and progress of mining in this state. In order to facilitate the inspector in his duties, it shall be the duty of all coal operators to make quarterly statements to the inspector of the amount of coal mined, and the number, of miners and other persons employed around the mines each quarter. The inspector's record and all matters concerning the coal-mining business of public interest shall be embodied in the inspector's annual report made to the governor on the first day of February each year.
§ 19. That the inspector may be enabled to perform the duties here imposed on him, he shall have the right at all times to enter any coal mine to make examination or obtain information, He shall notify the owners, lessees or agents immediately of the discovery of any violations of this act, and of the penalty imposed thereby for such violation; and in case of such notice being disregarded for the space of ten days he shall institute a prosecution against the owner, owners, lessee or agent of the mine, under the provisions of section sixteen of this act [§ 21 of this chapter.] In any case, however, where in the judgment of the inspector delay may jeopardize life or limb, he shall at once proceed to the mine where the danger exists and examine into the matter, and if after full investigation thereof he shall be of the opinion that there is immediate danger he shall apply in the name of the state to the district court of the county in which the mine may be located, or to the district judge in vacation, for an injunction to suspend all work in and about such mine; whereupon said court or judge in vacation, if the cause appears to be sufficient, after hearing the parties and their evidence as in like cases, shall issue a writ to restrain the working until all cause of danger is removed. And the costs of said proceedings, including the charges of attorney prosecuting said application, shall be borne by the owner of the coal mine; provided, that no fee exceeding the sum of twenty-five dollars shall be taxed in anyone case for the attorney prosecuting such case; provided further, that if said court (or judge in vacation) shall find the cause not sufficient, then the case shall be dismissed, and the costs shall be borne by the state or county, in the discretion of the court or judge.
Prompt Notice of Injury or Death to be Given
§ 20. Whenever by reason of any explosion or other accident in any coal mine, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such coal mine to give notice thereof forthwith to the inspector, and if any person is killed thereby, to the coroner of the county, who shall give due notice of the inquest to be held. It shall be the duty of the inspector upon being notified as herein provided to immediately repair to the scene of the accident, and make such suggestions as may appear necessary to secure the future safety of the men; and if the results of the explosion do not require an investigation by the coroner he shall proceed to investigate and ascertain the cause of the explosion or accident, and make a record thereof, which he shall file as provided for; and to enable him to make the investigation he shall have power to compel the attendance of persons to testify, and to administer oaths or affirmations. The cost of such investigation shall be paid by the county in which the, accident occurred, in the same manner as costs of inquests held by the coroner or justices of the peace are paid.
§ 21. Any owner or owners, lessee, agent or operator of any coal mine who shall neglect or refuse to comply with sections one, two, three, four, five, six and eight of this act [§§11. 12, 13, 15, 16 and 17 of this chapter,] shall be deemed guilty of a misdemeanor, and subject to a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail not more than three months, or by both such fine and imprisonment. All penalties recovered under this act shall be applied, in the county in which the fine is collected, to the support of common schools.
§ 22. No person under twelve years of age shall be allowed to work in any coal mine, nor any minor between the ages of twelve and sixteen years, unless he can read and write, and furnish a certificate from a school teacher, which shall be kept on file, showing that he has attended school at least three months during the year; and in all cases of minors applying for work, the agent of such coal mine shall see that the provisions of this section are not violated; and upon conviction of a willful violation of this section of this act, the agent of such coal mine shall be fined in any sum not to exceed fifty dollars for each and every offense.
§ 23 The terms "owner," "owners," "lessee," "agent," or "operator," as used in this act, shall include the immediate proprietor, lessee or occupier of any coal mine, or any person having on behalf of any owner or owners or lessee as aforesaid the care and management of any coal mine, or any part thereof.
Owner and Operator of Mines—Liable for Injuries
§ 24. 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, 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 damage sustained thereby; and in any case of loss of life by reason of such violation or willful failure, a right of action against the party at fault 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.
No duty devolving upon the owner or operator of a coal mine, or other work of a dangerous character, can be delegated to an agent or employee so as to relieve the owner or proprietor from his personal responsibility; Coal Co. v. Britton, 3 Ct. App. 293.
While it is the duty of the owner or operator of a coal mine to provide his employeea.with a reasonably safe place to perform their labor, he is only bound to exercise ordinary care in providing for the safety of the men engaged in the mine so far as it could reasonably be expected; Coal Co. v. Britton, 3 Ct. App. 293.
Powder in Mine—Quantity Prohibited
§ 25. It shall be unlawful for any miner or other person to take into or have in his possession in any coal-mine shaft, slope or pit in this state, more than twelve and one-half pounds of powder or any other explosive substance at anyone time; and all such powder or other explosive substance shall be kept in a tight box securely locked, and such boxes shall be kept at least twelve yards from the working face in all such coal-mine slopes, drifts or pits; and it shall be the duty of all pit-bosses or other persons who shall be in charge of any coal-mine slope, drift or pit in this state to keep watch over and see that the provisions of this act are complied with; and any person violating or neglecting to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and shall on conviction before any court having jurisdiction thereof be fined in any sum not less than ten nor more than fifty dollars, or by imprisonment in the county jail not more than thirty days, for each and every such offense; and the possession of more than twelve and one-half pounds of powder or any other explosive substance in. such coal-mine slope or drift shall. be prima facie evidence of the person taking said powder or other explosive substance into such mine, slope or drift.
§ 26. Any miner, workman, or other person who shall intentionally injure any safety-lamp, instrument, airway, brattice, or obstruct or throw open airways, or carry lighted lamps, pipes or matches into places worked by the light of safety-lamps, or shall move or disturb any part of the machinery, or who shall open a door and not close it again, or enter any place of the mine against caution, or disobey any order given in carrying out the provisions of this act, or who shall do any willful act whereby the lives or health of persons or the security of the mine or the machinery is endangered, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine or imprisonment, at the direction of the court.
Fences and Passageways, to Secure Safety
§ 27. All machinery about mines and the entrance of every abandoned shaft or slope shall be properly fenced off, and the top of each shaft and each landing of the same shall be fenced around with a fence not less than three feet high on every side, except the side or sides used for loading and unloading the cages, and this side or sides shall have gates or bars which shall be kept closed at all times except during the active use of the cages at these places; and there shall be cut in the side of every hoisting shaft at the bottom thereof a traveling way sufficiently high and wide to enable persons to pass the shaft in going from one side of the mine to the other without passing over or under the cages or other hoisting apparatus.
Shots to be Fired Daily
Chapter 172, Laws of 1889
§ 28. All owners, lessees, operators of or any other person having the control or management of any coal shaft, slope, drift or pit in this state employing miners to work therein, shall employ shot-firers to fire the shots therein. Said shots shall be fired once a day on each day when any such shaft, slope, drift or pit is in operation, but shall not be fired until after all miners and other employees working therein shall have been hoisted, out of said mine.
§ 29. It shall be unlawful for any miner or any person other than the shot-firers provided for in section one of this act [the next preceding section] to fire any shot in any coal shaft, slope, drift or pit in this state. Any miner or other person engaged in mining coal in this state who shall drill any hole or fire any shot in the coal vein at the working face of any room or entry until so much of said coal vein at said working face as the said shot or shots are intended to throw down .shall have been undermined to the depth of not less than two feet, or sheared or cut to the full depth of the drill or shot hole and of the full thickness of the coal vein in rooms, or shall have been sheared to the full depth of the drill or shot hole and the full thickness of vein in entries, or who shall so direct the drilling of such holes as to include between such shearing or mining and the back or rear end of the hole a greater width of coal than is contained between such shearing or mining and the mouth of the hole, shall be deemed guilty of a misdemeanor, and fined as hereinafter provided.
§ 30. Any owner, lessee, operator or other person having the control or management of any coal shaft, slope, drift or pit who shall refuse to furnish the shot-firers as provided for in section one of this act [§ 28 of this chapter.] shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty nor more than two hundred dollars for each offense, or imprisonment in the county jail in the county where such offense is committed for a period not to exceed thirty days, or by both such fine and imprisonment; proceedings to be instituted in any court having competent jurisdiction.
§ 3l. Any miner or other person who shall fire any shot in violation of section two of this act [§29 of this chapter] shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty dollars nor more than two hundred dollars, or imprisonment in the county jail in the county where such offense is committed not to exceed thirty days, or by both such fine and imprisonment; proceedings to be instituted in any court having competent jurisdiction.
Article 2—Duties and Liabilities of Operators of Mines
Chapter 159. Laws of 1897
§ 32. It shall be unlawful for any mine owner, agent, lessee or operator of any coal mine, or any other underground workings where any kind of material is mined or . excavated, in either shaft mine, slope mine, or drift mine, by system of room and pillar, to mine or cause to be mined by any employee therein, in any of said mines, any minerals mined by bushel, ton or other rates, to excavate coal or other minerals in an advance space of forty feet, unless break-throughs are made ranging in distance as follows: Forty feet shall constitute the distance between break-throughs, which shall be made through the pillar which divides either rooms, air courses or entries, where any of said rooms, air courses or entries are in operation, and in no case shall the distance exceed the aforesaid distance, namely, forty feet, irrespective of thickness or distance of the pillar or pillars which divide such rooms, air courses or entries.
§ 33. Said break-throughs shall be at least six feet wide and the full hight of coal strata or other minerals mined which do not exceed six feet in hight, and in no case shall the air courses have less than twenty-one feet of an area where mines are operated on room-and-pillar system; and the compensation for making such break-throughs shall be regulated by or between the employer and employee; and any room, air course or entry or any other working places where miners or others are employed shall cease operations at the working faces until said breakthroughs are perfected, as herein specified in section one of this act, [the next preceding section.] And said break-throughs shall be filled with either slate rock, or closed by brattice, to make the same air-tight, as soon as the second or succeeding breakthroughs are made. And in case any of such break-throughs are partly opened or torn down by the concussion of shots or blasts, or by premature explosion or otherwise, the foreman or superintendent or agent in each or any of the said mines shall immediately cause any of such break-throughs to be properly closed and made air-tight as soon as notified by any employee.
§ 34. Every mine owner, agent, lessee or operator of coal mines or underground workings of the character mentioned in section one of this act [§ 32 of this chapter,] shall provide and hereafter maintain for every mine ample means of ventilation, affording not less than one hundred cubic feet of air in every such mine per man per minute. Said volume of air shall be directed or circulated where any person or persons may be working in any of said mines.
§ 35. The inspector of mines shall cause the volume of air to be increased when necessary to such an extent as will dilute, carry off and render harmless the noxious gases generated therein. And mines generating fire-damp shall be kept free of standing gas, and, every working place shall be carefully examined every morning with a safety-lamp by an examiner or fire-boss before miners or other employees enter their respective working places. Said examiner or fire-boss shall register the day of the month at the place of the workings, and also on top in a book which shall be kept in the weighmaster's office for such special purpose, and as proof of inspection he shall daily record all places examined in said book, and in case of danger where fire-damp may have accumulated during the absence of any person or persons employed therein, said examiner or fire-boss must notify the miners or those employed therein, or those who may have occasion to enter such places. And the hydrogen or fire-damp generated therein must be diluted and rendered harmless before any person or persons enter such working or abandoned part of the mine with a naked light.
§ 36. It shall be the duty of the owner, lessee or operator of any mine where the natural strata are not safe in or around all workings, pumping and escaping shafts, to securely case line or otherwise make said places secure, and all escapement-shafts 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 stair, and each section shall have substantial guardrails 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 the main shaft and the escaping shaft shall be at least five feet in hight. Said traveling ways shall be kept clear of all obstructions, and standing or stagnant water shall not be allowed to accumulate in any traveling way between the upcast and the downcast shafts. And in case of mine shafts which are over one hundred and fifty feet in depth, where stairways cannot be conveniently constructed, other safe means of hoisting the persons employed in any such mine must be kept ready at all times, so as to be available in case of accident to the regular hoisting shaft or machinery in use at the same.
§ 37. It shall be the duty of the foreman, eager, or whosoever may have charge at the bottom of any shaft, to give the proper signal to the top man and engineer whenever any six employees who work therein are ready to ascend, by day or night, and for the making such ascent it shall be the duty of the bottom eager to give them an empty cage by which they can ascend. And every road on which persons travel underground when the coal is drawn by mules or other power shall be provided at intervals of not more than thirty feet with sufficient man-holes for places of refuge.
§ 38. It shall be the duty of the owner, lessee or operator of every mine to provide and maintain airways of sufficient dimensions, and in no case shall the area of the air course be less than twenty-one feet in mines operated on room-and-pillar system.
§ 39. Standing or stagnant water shall not be allowed to remain in air courses, entries, traveling ways or rooms. Obstructions of any kind must not be placed in cross-cuts, rooms, or entries used as airways. And in case of a fall of roof, or where the sides of such airways cave in, it shall be the duty of the mine boss or agent in any such mines to cause such falls or obstruction to be removed immediately and the roof and sides made secure.
§ 40. All main airways in any of the underground workings shall be examined at least twice a week by the mine boss or agent, or some other competent person so directed by said mine boss or agent, and a report of such inspection shall be forwarded to the office of the state inspector of mines at least once a month.
§ 41. It shall be the duty of the mine boss or agent in charge of any mine where coal dust or any other inflammable ingredients may accumulate to cause the same to be properly sprinkled or saturated once a day, and oftener if necessary, in either air courses, entries, rooms or cross-cuts.
§ 42. No employee or other person in mines is allowed to leave trap-doors or air-gates open any longer than while passing through said gates or doors. And any person who accidentally or otherwise tears down any brattice cloth must immediately notify the mine boss or the individual having supervision of the air in such mine, and the same must be replaced as soon as notice thereof is given to the mine boss or person in charge of the air.
§ 43. In order to facilitate the inspector of mines in his duties, it shall be the duty of all coal operators and coal companies or lessees or other persons engaged in mining or producing coal to make a quarterly statement to the mine inspector of the amount of all coal mined, the number of miners employed, number of day men, number of boys, and all other persons employed in or around said mine or mines, not later than ten days after the end of each quarter, and they shall also state the price paid miner per ton or bushel, the price paid to day hands per day, the number of days worked by miners and by day men, the number of accidents, and deaths resulting from injuries in and around the said mine or mines. It shall also be the duty of the mine inspector to furnish all coal operators and all coal companies or lessees or other persons engaged in mining or producing coal with printed blank forms every quarter, for the purpose of making out said report as this act herein provides for.
§ 44. No person employed in any mine shall use any kind of oil other than lard oil for lighting purposes, except when repairing downcast or upcast shafts.
§ 45. The inspector of mines is duly authorized to enforce the provisions of this and all other acts relating to mines or mining; and he is hereby empowered to institute proceedings in the name of the state of Kansas against any miner, owner, agent, lessee or operator of any mine, or any employee employed therein, who refuses to comply with the provisions of this act, after ten days notice. The inspector is hereby empowered in all cases where mines are not worked or operated in strict accordance with this act to order the employees employed in such mine to suspend operations, and if in his judgment there is immediate danger, he can order such mine to suspend operation until the matter of which he complains in relation to this act is complied with.
§ 46. The inspector is hereby authorized to furnish every mine owner, agent, lessee or operator of every mine which he knows to be in operation with a printed copy of this act, which shall be kept conspicuously posted at or near the top of any of said mines, and it shall be the duty of the mine boss or agent in charge to call the attention of the miners or others employed to the provisions of this act.
§ 47. In case of non-compliance with sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act [§§ 32 to 46 of this chapter,] by any owner, operator, agent or lessee of any mine, or any miner or other employee working therein, upon whom any duty is cast by any of said sections, he shall be deemed guilty of a misdemeanor, and shall upon conviction of the same, for each offense, be punished by a fine of not less than one hundred dollars and not to exceed three hundred dollars, and by imprisonment in the county jail for a period of not less than thirty days and not to exceed ninety days, or by both such fine and imprisonment, in any court having competent jurisdiction; provided, that this act shall be construed as to affect or apply only to coal mines of this state, or any person or persons operating or owning such coal mines.
Article 3—Weighing Coal at the Mine
Chapter 188, Laws of 1893.
§ 48. 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 mined 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 employees and accounted for at the legal rate of weights as fixed by the laws of Kansas.
§ 49. 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 employee, and to weigh the output of coal from mines in accordance with the provisions of section one of this act [the next preceding section.] 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.
§ 50. 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.
§ 51. 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.
§ 52. Any provision, contract or agreement between mine owners or operators thereof and the miners employed therein whereby the provisions of section one of this act [§ 48 of this chapter] 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 j and a right of action shall not be invalidated by reason of any contract or agreement.
§ 53. 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.
Article 4—Mining under Cities—Contract by Ordinance
Chapter 28, Laws of 1869.
§ 54. Any city of the first or second class in which an organized coal company shall exist may by ordinance contract with such company for the exclusive and perpetual right to mine beneath the streets, alleys and public grounds thereof, upon the agreement to pay one-fourth a cent per bushel upon each and every bushel raised by said company, one-half of which amount shall be paid into the general fund of said city, and the other half shall be paid to the treasurer of the state in aid of the school fund.
§ 55. Any coal company which shall have heretofore obtained by ordinance from any city of the first class a contract for the exclusive right to mine under the streets, alleys and public grounds thereof shall be entitled to the priority, exclusion and perpetuity of, such ordinance, which is hereby validated and confirmed; provided, that within thirty days after the passage of this act such company shall file with the secretary of state their consent thereto and stipulate to pay the amount specified in the first section hereof, and to comply with the conditions named in the ordinance.
§ 56. Nothing in this act shall be construed to relieve such company from making compensation to the owners of private property for any injury done in mining operations.
Article 5—Enjoining Trespasses and Trespassers
Chapter 127. Laws of 1877.
§ 57. Whenever an affidavit properly verified by the person aggrieved, or his agent or attorney, shall be presented to the district court of the proper county during term time, or to the judge thereof in vacation, in which it shall be made to appear that such person shall have good reason to believe that any other person or persons, corporation or corporations, are without authority encroaching upon the land of the person aggrieved, whether the same be held by lease or otherwise, and are mining or taking coal therefrom, it shall be the duty of the said court or judge to order and direct the county surveyor to survey the mine or mines of the person or persons, corporation or corporations accused thereof, for the purpose of ascertaining the truth thereof; the party applying for such survey to first give bond in such sum as may be deemed sufficient by said court or judge, and the same to be at the time approved by said court or judge, conditioned for the payment of the costs of said survey.
§ 58. Upon the making of such order and approval of said bond, it shall be the duty of the county surveyor to forthwith make such survey, and to file his written report thereof with the, clerk of such district court.
§ 59. When it shall be made to appear by petition verified by the oath of the plaintiff, his agent or attorney, and by the survey of the county surveyor, that any person or persons, corporation or corporations, is or are without authority mining or taking coal from the land of the plaintiff, whether held by lease or otherwise, it shall be the duty of the proper district court in term time, or the judge thereof in vacation, to grant a temporary injunction restraining such person or persons, corporation or corporations, from mining or taking coal from such land until the further order of the court or judge.
§ 60. The proceedings in such cases shall be in all respects similar to the course of procedure in actions for injunction.
§ 61. It shall be the duty of every person or corporation owning coal mines, and every person in charge of the same, to provide the county surveyor with all the ordinary means of ingress and egress, to make any survey thereof he may be ordered to make; and any person or persons in any way interfering. molesting or hindering such county surveyor in making any survey he may be ordered to make under the provisions of this act shall be guilty of a misdemeanor, and shall be liable on each offense to a fine of not less than ten dollars and not more than one hundred dollars, to be prosecuted and recovered as in other cases of misdemeanor.
Survey of Mines—Prevention of Trespasses
Chapter 115, Laws of 1881.
§ 62. When any owner, tenant or subtenant of a lot or lots or tract of land shall file with any justice of the peace within the countyIn which said lot or lots or tract of land may be situated his or her affidavit, or the affidavit of any other credible person for them, stating that from knowledge, information or belief the party or parties owning, controlling or working the adjoining lot or lots or tract of land, and upon which said party or parties are sinking shafts, mining, excavating and running drifts, and that said drifts in which said parties are digging, mining and excavating any mineral ore or veins of coal extend beyond the lines and boundaries of said lot or lots or tract of land owned, controlled or worked by them, and have entered into and upon the premises of the party or parties making said affidavit or for whom said affidavit is made, the justice of the peace, after first being tendered his lawful fees, shall issue his written order, and deliver or cause the same to be delivered to the county surveyor or his deputy, commanding him after his reasonable fees have been tendered, to proceed without delay to survey said drift, by entering any and all shafts upon said lot or lots or tract of land that he (the surveyor) may see fit, for the purpose of ascertaining the course and distance of said drift or drifts, and to locate the same upon the surface.
§ 63. The surveyor shall before entering upon said duties read said. order to the party or parties owning, controlling or working any shaft or shafts on said lot or lots or tract of land.
§ 64. If any person shall refuse, hinder or prevent said county surveyor or his deputy and his assistants from entering said shaft or shafts or drifts to make the survey so ordered by the justice of the peace, said person or persons so offending shall on conviction be adjudged guilty of a misdemeanor, and punished by imprisonment in the county jail for a term of not exceeding one year, or by fine not exceeding three hundred dollars, or by both such fine and imprisonment.
Prev Page--Mine Directory || Next Page--References
Kansas Geological Survey, Geology
Placed on web Sept. 12, 2018; originally published 1898.
Comments to webadmin@kgs.ku.edu
The URL for this page is http://www.kgs.ku.edu/Publications/Bulletins/Vol3/56_laws.html