21 shall be based upon the standard industrial table of mortality and 22 interest at the rate of three and one-half per centum per annum, 23 or upon a higher standard. The net beneficiary funds so collected 24 shall be kept as separate and distinct funds and shall not be 25 liable nor used for the payment of debts and obligations of the 26 society other than the benefits herein authorized.

27

All acts and parts of acts in conflict herewith are hereby 28 repealed.

PRINTED BY ORDER OF THE COMMITTEE ON RAILROADS

Senate Bill No. 73.

[BY MR. LUTHER.]

Introduced January 15, 1919. Printed by order of the Committee on Railroads.

A BILL to provide better protection to life and property against injury or damage resulting from the operation of steam engines and boilers by incompetent engineers and others.

Be it enacted by the Legislature of West Virginia:

Section 1. That it shall be unlawful for any person to 2 operate a steam boiler or engine in the state of West Virginia of 3 more than fifty horse power, except locomotive boilers and engines, 4 and other boilers and engines under the jurisdiction of the United 5 States government, without having been duly licensed so to do, 6 as herein provided. And it shall be unlawful for any owner or 7 user of any steam boiler or engine, other than those excepted, to 8 operate or cause to be operated, such steam boiler or engine with9 out a duly licensed person in charge.

Sec. 2. The office of the chief examiner of engineers is 2 hereby created. The labor commissioner shall appoint as chief 3 examiner with the approval of the senate, some citizen of this 4 state entitled to vote, who has had not less than ten (10) years 5 experience as a practical steam engineer, and whose term of office 6 shall begin on the first day of May, one thousand nine hundred [S. B. No. 73

4

7 and nineteen, and shall continue for four years and until his 8 successor has been appointed and qualified, unless he is sooner 9 removed. He shall give bond, with good security, to be approved 10 by the governor, in the penalty of three thousand dollars ($3,000),

11 for the faithful performance of all his duties and for account12 ing for and paying over, as required by law, all monies which may 13 come into his hands by virtue of said office, and such bond shall be 14 filed in the office of the secretary of state. The labor commis15 sioner may remove such officer in case of incompetence, neglect of 16 duty, gross immorality or malfeasance in office, and in case of a 17 vacancy, whether occuring by removal or otherwise, may declare 18 the office vacant and fill the same by appointment for the un19 expired term.

Sec. 3. The salary of chief examiner of engineers shall be 2 twenty-four hundred dollars ($2400.00) per year. He shall be 3 repaid his actual disbursements for traveling expenses while in 4 discharge of his official duties, not to exceed one thousand dollars 5 ($1000.00) in any one year, an itemized account of which shall 6 be filed with the auditor, to be audited by him before payment 7 thereof. He shall be provided with an office, hereafter designated, 8 and with such furniture as shall be necessary, and with clerical S. B. No. 73]

5

9 assistance, the cost of which shall not exceed fifteen hundred 10 dollars ($1500.00) per year.

Sec. 4. The labor commissioner of the state of West Virginia, 2 together with the chief examiner of engineers, shall divide the 3 state into three examination districts. The chief examiner shall 4 appoint an examiner for three districts outside of that occupied 5 by the chief examiner, who shall have had five years practical ex6 perience in the operation of steam engines and boilers and whose 7 bond shall be in the sum of two thousand dollars ($2,000). The 8 said district examiner shall receive a salary of two thousand dol9 lars ($2,000) per year and not to exceed twelve hundred. dollars 10 ($1200.00) for traveling expenses, while in discharge of his of11 ficial duties, which shall be paid by the auditor from funds ap12 propriated for that purpose, upon receipt of a properly certified 13 expense account.

Sec. 5. Any person who desires to act as steam engineer or 2 fireman shall make application in the district in which he resides, 3 to the district examiner of steam engines for a license so to act, 4 upon a blank furnished by the examiner, and shall pass an ex5 amination on the following subjects: The construction and opera6 tion of steam boilers, steam engines and steam pumps, under [S. B. No. 73

6

7 such rules and regulations as may be adopted by the chief exam

8 iner. If, upon such examination, said applicant is found pro9 ficient in each of said subjects, a license shall be granted to him to 10 have charge of and operate stationary steam boilers and engines of 11 horsepower named in this act. Firemen to be examined on steam 12 boilers, steam pumps and injectors. Such license shall continue in 13 force for one year from the date the same is issued; provided, 14 however, that the district examiner may, upon written charges, 15 after notice and hearing, revoke the license of any person guilty 16 of fraud in passing the examination, or who has become insane, or 17 who is addicted to the liquor or drug habit to such a degree as 18 to render him unfit to discharge the duties of a steam engineer or 19 fireman. Any person holding a position as engineer or fireman 20 at the time of the passage of this bill, shall be given a license to 21 operate the particular plant in his care at the time, upon the pay22 ment of the required fee of three dollars ($3.00). In connection 23 with the examiner's other duties, he shall furnish names and ad24 dresses of engineers and firemen who have passed the examination 25 and who have registered their names with him as seeking employ26 ment to any manufacturer or employer of engineers or firemen 27 applying for the same.

Sec. 6. Any person to whom a license is issued under the 2 provisions of this act, shall, at the expiration of one year from 3 the date thereof, be entitled to a renewal thereof for one year, 4 unless, in the opinion of the district examiner of his district such 5 renewal should be refused for examination, in which event the 6 person shall have the right to appeal to the chief examiner pro7 vided for in section eight.

Sec. 7. The fee for examination shall be three dollars ($3.00) 2 and the fee for renewal of license shall be two dollars ($2.00). 3 All fees collected and received by the district examiner shall be, 4 on or before the fifth day of each month, remitted to the chief 5 examiner at his office, together with a monthly report of the 6 business of his office. Said chief examiner shall pay into the 7 treasury, to the credit of the general revenue fund, all money and 8 fees received by him from the district examiners, and on or before 9 the tenth day of each month, said chief examiner shall file a 10 monthly report with the auditor of the business of his office and 11 the amount of money received by him and paid into the state 12 treasury.

Sec. 8. Any person dissatisfied with the action of any

8

2 district examiner in refusing or revoking a license, may appeal to 3 the chief examiner, who shall investigate the action of said dis3-a trict examiner. If, upon such investigation, said chief ex4 aminer shall find that the district examiner was justified in re[S. B. No. 73 5 fusing or revoking such license, for cause or causes set out in 6 section five of this act, he shall sustain the district examiner in 7 his action, but should said chief examiner find that the district 8 examiner was not justified in refusing or revcking such license, 9 he shall order said district examiner to issue a license to said per10 son making the appeal.

Sec. 9. It shall be the duty of each examiner to notify every 2 person operating a boiler or engine in his district mentioned in 3 section one and not included in the exceptions therein specified, 4 to apply for a license under this act within sixty days, and to give 5 such persons a reasonable opportunity to take the examination 6 therefor.

Sec. 10. Any owner or user of boilers or engines, or any 2 engineer or fireman, who, after being notified as provided in sec3 tion nine of this act, violates any of the provisions of this act, 4 shall be fined not more than fifty dollars ($50.00) and not less 5 than twenty-five dollars ($25.00). The examiners shall have the 6 authority, and are hereby empowered to visit any and all engine 7 rooms or boiler rooms in the state, at all reasonable hours, for the S. B. No. 73]

9

8 purpose of seeing whether unlicensed persons are operating steam 9 engines or boilers.

Sec. 11. It shall be the duty of every engineer to exhibit his 2 license under glass in a conspicious place in his engine room. Any 3 violation of this section shall be punished by a fine not to exceed 4 five dollars ($5.00).

Sec. 12. For the purpose of carrying this act into effect the 2 said chief engineer, immediately upon his appointment and quali3 fication as such, is authorized to incur the necessary expense of 4 opening suitable offices in the city of Charleston, equipping and 5 furnishing the same, and of providing adequate clerical help for 6 the efficient conduct of the affairs of his office.

Sec. 13. For the purpose of carrying this act into effect there 2 is hereby appropriated out of any moneys in the treasury not 3 otherwise appropriated the sum of twenty-seven thousand dollars 4 ($27,000.00) to become immediately available and to be drawn

5 upon by the order of the said chief examiner, countersigned by 6 the auditor.

7

All acts and parts of acts inconsistent with this act, are 8 hereby repealed.

PRINTED BY ORDER OF COMMITTEE.

Senate Bill No. 51.

[BY MR. CHAPMAN.]

Introduced January 14, 1919. Printed by order of the Committee on Railroads.

A BILL to provide sufficient crews for freight trains operating in this state.

Be it enacted by the Legislature of West Virginia:

Section 1. That it shall be unlawful for any railroad com2 pany, its officers or agents, receivers or any person or persons having 3 control of the operation of freight trains doing business in this 4 state to run, or cause to be run, or operated over its road or any 5 part thereof, any freight train consisting of more than thirty (30) 6 freight or other cars exclusive of caboose and engine with a train 7 crew consisting of less than six (6) persons, to-wit: One engine8 man, one fireman, one conductor, one flagman and two brakemen. Sec. 2. That it shall be unlawful for any railroad company, 2 its officers or agents, receivers or any person or persons having 3 control of the operation of freight trains doing business in this 4 state to run or operate its road or any part of its road, or to 5 permit to run or operate over its road, or any part of its road, 6 any freight train consisting of less than thirty (30) freight or 7 other cars exclusive of caboose and locomotive with a train crew 8 consisting of less than five (5) persons, to-wit: One engine9 man, one fireman, one conductor, one flagman and one brake10 man.

Sec. 3. That it shall be unlawful for any railroad company, 2 its officers or agents, receivers or any person or persons having 3 control of the operation of freight trains doing business in this 4 state, to run or operate over its road, or any part of its road, or 5 to permit to be run or operated on its road, or any part of its road, 6 any way freight, mine run, pick-up, or set-off run, work or wreck