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SENATE BILL NO. 5.

An Act to provide for the Issuance of License to Honorably discharged Soldiers, Sailors and Marines of the Military and Naval Service of the United States in the late War of the Rebellion, who desire to carry on the business of Peddler or Auctioneer.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. Every honorably discharged soldier, sailor, or marine of the military or naval service of the United States, who is a resident of this State and a veteran of the late Rebellion, shall have the right to peddle, hawk, vend and sell his own goods, and to engage in the business of auctioneering, without paying for the License as now provided by law, by those who engage in such business, but any such soldier, sailor or marine may engage in such business by procuring a license for that purpose as provided in the next section of this Act.

Section 2. On presentation to the Clerk of any County in which such soldier, sailor or marine may reside, of a certificate of honorable discharge from the army or naval service of the United States, in the war of the late Rebellion, such County Clerk shall issue without cost to such soldier, sailor or marine, a license authorizing him to carry on the business of peddler or auctioneer.

Section 3. This Act shall take effect from and after its passage and approval.

Approved February 21st, 1901

HOUSE BILL NO. 1.

An Act for the Protection of the Health of Men Employed in Underground Mines and in Smelters, Stamp Mills, Sampling Works, Concentrators, or any works where Ores are Mined or Reduced, By Regulating their hours of employment and providing penalties for the violation thereof.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. The period of employment of working men in all underground mines or workings, shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent dan

ger.

Section 2. The period of employment of working men in smelters, stamp mills, sampling works, concentrators, and all other institutions for the reduction of ores, and refining of ores or metals, shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.

Section 3. Any person or persons, body corporate, agent, manager or employer who shall violate any of the provisions of Sections one (1) or Two (2) of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each offense, be subject to a fine of not less than One Hundred Dollars, or more than Five Hundred Dollars, or by imprisonment in the county jail for a period of not less than One (1) month, or more than six (6) months or by both such fine and imprisonment.

Section 4. All acts, or parts of acts, in conflict with this Act, are hereby repealed.

Section 5. This Act shall not be in full force and effect until ninety days after its passage and approval by the Governor.

Approved Feby 2nd, 1901.

SENATE BILL NO. 106.

10-337

An Act Entitled An Act creating the office of inspector of coal mines, defining his duties, and providing his salary and providing penalties thereof.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. The Governor, by and with the advice and consent of the Senate, shall appoint one coal mine inspector who shall hold office for the term of four years from the date of his appointment unless otherwise removed by the Governor.

Section 2. No person shall be eligible to the office of coal mine inspector until he shall have attained the age of 30 years, and been actually employed at coal mining, ten years prior to his appointment. and shall possess a competent knowledge of all the different systems of coal mining and working and properly ventilating coal mines, and the nature and constituent parts of noxious gases of coal mines, and of the various ways of expelling the same from said mines. Said inspector shall be a graduate of some recognized school of mines and mining engineering, and hold a diploma from same, which shall be de

posited with the Governor before appointed; and further it shall be the duty of the said inspector, when not engaged in examining coal mines, to inspect quartz mines if called upon by the Governor to do so.

Section 3. Said coal mine inspector shall before entering upon and discharging the duties of his office, shall take an oath to faithfully discharge the same in an impartial manner; and for the faithful performance thereof; he shall receive a salary of two thousand dollars per annum, and all other and necessary traveling expenses.

Section 4. It shall be the duty of the said coal mine inspector to carefully examine all coal mines that may be in operation in this state at least once every two months and oftener if necessary, to see that every precaution is taken to insure safety to all workmen that may be engaged in said coal mine, and to see that provisions of Section 3350, 3351, 3352, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, and 3365, Chapter 20, Article 1, Part 3, Title 7, of the Political Code of Montana pertaining to the regulation of coal mines are strictly observed; and all other legislation that may be enacted governing coal mines, and it shall further be the duty of the said coal. mine inspector after being notified by a justice of the Peace, or Coroner, in the district wherein accidents may occur to immediately invsetigate the same.

Section 5. The said coal mine inspector while in office shall not act as agent for any corporation, superintendent or manager of any mine, and shall in no manner whatever be under the employ of mining companies, and it shall be the duty of the said coal mine inspector on or before the first day of January in every year to make a report to the Governor, of his proceedings as such coal mine inspector, and the conditions of each and every coal mine in the State, stating therein all accidents that may have happened in or about said mine, and to set forth in said report all such information that may be proper and beneficial and also to make such suggestion as he may deem important as to any further legislation on the subject of coal mining.

Section 6. It is the duty of the inspector of coal mines to visit, enter and examine any coal mine in the State for the purpose of ascertaining the conditions of the same in regard to its safety, ventilation and means of egress, and for this purpose he must have access at any and all times to any mine in the State for the purpose of inspection, but the working of such mine must not be obstructed or impeded during such examination; the inspection must not be at the expense of the

owner, lessor, lessee, or agent of the mine being examined, but they must render such assistance as may be necessary to enable the inspector to make the examination.

Section 7. This Act shall be in force and effect from and after its passage and approval.

Approved March 18th, 1901

HOUSE BILL NO. 25.

An Act entitled, "An Act providing for the employment of a Check Weighman at Coal Mines, prescribing his duties, and providing penalty for violation thereof."

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. The weighman employed at any mine shall subscribe to 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 truly and correctly weigh the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mine owner, operator or lessee of any mine in this state shall have the privilege, if they desire of employing at their own expense a check weighman, who shall have like equal rights, powers and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. 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 article, or any owner, operator or agent of any coal mine in this state who shall forbid or hinder miners employing or using a check weighman as herein provided, or who shall prevent or wilfully obstruct any such check weighman in the discharge of his duty, 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 Five Hundred Dollars for each offense, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days, or by both such fine and imprisonment, proceedings to be instituted in any court having competent jurisdiction. Whenever the Inspector of mines, or Deputy Inspector of Mines shall be satisfied that the provisions of this section have been wilfully violated, it shall be his duty to forthwith inform the

prosecuting attorney of any such violation, together with all the facts within his knowledge and the prosecuting attorney shall thereupon investigate the charges so preferred, and if he be satisfied that the provisions of this section have been violated, it shall be his duty to prosecute the person or persons guilty thereof.

Section 2. 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 whatsoever, by reason of which such coal is not correctly weighed and reported in accordance with the provisions of this Article, shall be deemed guilty of a misdemeanor, and shall, upon conviction, for each such 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, proceedings to be instituted in any court of competent jurisdiction.

Section 3. This Act shall be in full force and effect from and after its passage and approval.

Approved Feby 19th, 1901

SENATE BILL NO. 45.

An Act providing for a Meat and Milk Inspector in cities having 5,000 inhabitants or over within the State of Montana, and prescribing the duties and powers of such Inspector, and to regulate the sale of meat and milk and live domestic animals intended for food purposes and prescribing penalties for the violation of the provisions of this Act.

Be It Enacted By The Legislative Assembly Of The State Of Montana:

SECTION 1.

The office of Meat and Milk Inspector is hereby created for cities having a population of 5,000 inhabitants or over within the State of Montana, and immediately after the taking effect of this Act such cities sha!! appoint a Meat and Milk Inspector whose compensation shall be borne by the said cities, and shall be such as will secure the services of some competent and qualified person who shall take an oath of office to

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