Dusty mines.

Rules.

Violations.

and these shall be maintained safe from loose material on sides and top, in order that persons traveling said roadways may avoid danger from passing trips of mine cars. In all shaft mines there shall be cut out around the sides or driven through the solid strata at the bottom of such shaft, a traveling way not less than five and one-half (54) feet high and five (5) feet wide, to enable persons to pass the shaft in going to one side or the other without passing over or under the cage or other hoisting apparatus. The neglect or refusal of persons in charge of a mine to comply with the provisions of this section shall be deemed a misdemeanor, and upon conviction they shall be fined twenty-five dollars ($25) for each day the mine is operated contrary to the provisions of this section: Provided, That that part of this section applying to ingress and egress shall not apply to Class "E" mines under the classification of this act, when other means of ingress and egress may be had.

SEC. 30. In all Class "B" mines it shall be the duty of the owner, superintendent or operator to remove any and all dangerous accumulations of dust from the mine and see that all traveling ways, haulage ways and working places are maintained in a safe and moist condition by sprinkling, spraying, saturating the sides and bottom and other places with water or otherwise, so as to maintain the mine in a safe condition from dust explosions; and in any mine the mine inspector is hereby invested with authority to cause the owner, superintendent or foreman to take the necessary precautions to prevent such explosions. In case of neglect or refusal to obey the instruction and orders given them or the provisions of this section they shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) at the discretion of the court.

SEC. 31. The chief mine inspector or the district mine inspectors shall formulate rules and regulations in conjunction with the superintendent and mine foreman of each mine, controlling the number of shots within certain limits, time and manner of firing same, manner of preparing the shots, and the amount of powder to be used within certain limits; and such rules shall be posted at or near the entrance of each mine, and any person violating such rules shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25) nor more than two hundred dollars ($200) and imprisoned at the discretion of the court.

SEC. 32. Whoever violates any of the provisions of this act or does any act whereby the health or life of persons or the security of any mine and machinery is endangered, or any miner or other person employed in any mine covered by this act who neglects or refuses to securely prop the roof of any working place under his control or neglects or refuses to obey any order given by the superintendent or foreman of a mine in relation to the security of the mine in the part thereof where he is at work or along the roadway to his room or working place, or any miner, workman or other person who shall knowingly injure any water gauge, instrument, air course, ventilating apparatus, door, brattice, or shall obstruct or throw open any air way, or shall handle or disturb any part of the machinery of the hoisting engine or drainage plant, or open a door of the mine and not have same closed again, whereby danger is produced to either the mine or those at work therein, or who shall enter any part of the mine against the caution or danger signal, 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 the persons working in the mine or the security of the mine or property connected therewith or the machinery inside or outside of the mine is endangered or injured, shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) and all costs and imprisoned at the discretion of the court.

SEC. 33. The operator, superintendent or foreman of any Class Ventilation. "A" mine in this State shall arrange the approach to the fan or ventilating apparatus with explosion doors, which, in case of an explosion, will be thrown open and assist in preventing the destruction of the fan or ventilating apparatus; and the mine shall be divided into splits or districts, and the ventilating current entering such a district from the main-inlet current and passing through such a district, shall be conducted to the main return air way without passing through the works of another district or in any manner supplying persons outside of that district; and all main doors between such districts shall be in duplicate, the second, or duplicate, to be used in case of damage or destruction of the first one. It shall be unlawful to work more than fifty (50) men and eight (8) mules on or in any split or district unless, in the judgment of the chief mine inspector, it is impracticable to comply with this section. It shall be the duty of the chief mine inspector to see that the provisions of this section are carried out, and in case of refusal or neglect of the owner, superintendent or operator to comply with these provisions, the mine inspector may remove all persons from the mine and close the works, or partially do so, until they are in compliance with these provisions.

Riding on

SEC. 34. It shall be unlawful for any person to ride on a loaded trip or cage in any mine other than those whose duty compels loaded cage. them to do so, and a violation of this section shall be deemed a misdemeanor, and upon conviction the person or persons violating this section shall be subject to a fine of twenty-five dollars ($25) and costs.

SEC. 35. All owners or operators of coal, metal or other mines Fee for inrequired to be inspected by this act, or which may hereafter he spection. [be] required by law to be inspected by the chief mine inspector or a district mine inspector, shall pay to the comptroller of the State of Tennessee for the use of the State a fee for each inspection of mines as follows: Mines employing average of 200 inside employees or over, $15. Mines employing average of from 150 to 200 inside employees, $12.50. Mines employing average of from 100 to 150 inside employees, $10. Mines employing average of from 75 to 100 inside employees, $7.50. Mines employing average of from 50 to 75 inside employees. $5. Mines employing average of from 25 to 50 inside employees, $3.50. Mines employing average of from 10 to 25 inside employees, $2.50. Mines employing 10 or less inside employees, $1: Provided, That not more than four (4) inspection fees shall be charged and collected from the owner or operator of any one mine for any one year. The inspection fees herein prescribed shall be paid to the comptroller of the State at the end of each year; and for the purpose of collecting the same the owners or operators of coal, metal and other mines in this State inspected by the chief mine inspector or the district mine inspectors shall prepare a sworn report to the comptroller of the Reports. State of Tennessee on the first day of January of each year, show ing the monthly average number of employees of every character working inside of mines operated during the preceding year or any part thereof, also the number of inspections made by the chief mine inspector or the district mine inspectors during that year, and shall forward such reports to the comptroller of the State, together with the fees due the State, as herein prescribed. The chief mine inspector shall make a report to the comptroller of the State on the first day of January of each year showing the number of inspections made during the preceding year and the fees due the State from each mine with the name of the owner or operator of each mine. In the event of the failure or refusal or [of] any owner or operator to pay the fees as prescribed herein it shall be the duty of the State comptroller to collect said fees by distress warrant or otherwise. The fees collected under the provisions of this act shall be credited by the comptroller to the account of the mine inspection department of the State.

survive.

CHAPTER 317.-Action for injuries—Survival.

Actions to SECTION 1. No suit now pending or hereafter brought for personal injuries or death from wrongful act in any of the courts of this State, whether by appeal or otherwise, and whether in an inferior or superior court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit said suit was brought, and such suit shall be proceeded with to final judgment, as though such beneficiary or beneficiaries had not died, for the use and benefit of the heirs at law of such deceased beneficiary.

Wages earned outside

State.

CHAPTER 590.-Exemption of wages from attachment, etc.

SECTION 1. Wages earned out of this State and payable out of this of State shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this State, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process.

Local laws forbidden.

Negligence

TEXAS.
CONSTITUTION.

ARTICLE 3.-Local or special laws regulating labor, etc., not to be passed.

SECTION 56. The legislature shall not, except as otherwise provided in this constitution, pass any local or special law, regulating labor, trade, mining and manufacturing;

ARTICLE 16.--Right of action for injuries causing death.

SECTION 26. Every person, corporation or company that may causing death. commit a homicide, through willful act or omission or gross negDamages. lect, shall be responsible in exemplary damages to the surviving husband, wife, heirs of his or her body, or such of them as there may be, without regard to any criminal proceeding that may or may not be had in relation to the homicide.

Protective

ARTICLE 16.-Exemption of wages from garnishment.

SECTION 28. No current wages for personal service shall ever be subject to garnishment.

ARTICLE 16.—Protection of wages of laborers on public works.

SECTION 35. The legislature shall, at its first session, pass laws laws to be to protect laborers on public buildings, streets, roads, railroads, passed.

Arbitration

lawful.

Board.

canals and other similar public works, against the failure of contractors and subcontractors to pay their current wages when due, and to make the corporation, company or individual for whose benefit the work is done, responsible for their ultimate payment.

REVISED STATUTES, 1895.

REVISED CIVIL STATUTES.

TITLE 6.—Boards of arbitration.

ARTICLE 61a. Whenever any grievance or dispute of any nature growing out of the relation of employer and employees, shall arise or exist between employer and employees, it shall be lawful, upon mutual consent of all parties, to submit all matters respecting such grievance or dispute in writing to a board of arbitrators to hear, adjudicate, and determine the same. Said board shall consist of

five persons. When the employees concerned in such grievance or dispute as the aforesaid are members in good standing of any labor organization which is represented by one or more delegates in a central body, the said central body shall have power to designate two of said arbitrators, and the employer shall have the power to designate two others of said arbitrators, and the said four arbitrators shall designate a fifth person as arbitrator, who shall be chairman of the board. In case the employees concerned in any such grievance or dispute as aforesaid are members in good standing of a labor organization which is not represented in a central body, then the organization of which they are members shall designate two members of said board, and said board shall be organized as hereinbefore provided; and in case the employees concerned in any such grievance or dispute as aforesaid are not members of any labor organization, then a majority of said employees, at a meeting duly held for that purpose, shall designate two arbitrators for said board, and said board shall be organized as hereinbefore provided: Provided, That when the two arbitrators selected by the respective parties to the controversy, the district judge of the district having jurisdiction of the subject-matter shall, upon notice from either of said arbitrators that they have failed to agree upon the fifth arbitrator, appoint said fifth arbitrator.

ART. 61b. Any board as aforesaid selected may present a peti- Procuring 11tion in writing to the district judge of the county where such griev- cense. ance or dispute to be arbitrated may arise, signed by a majority. of said board, setting forth in brief terms the facts showing their due and regular appointment, and the nature of the grievance or dispute between the parties to said arbitration, and praying the license or order of such judge establishing and approving of said board of arbitration. Upon the presentation of said petition it shall be the duty of said judge, if it appear that all requirements of this law have been complied with, to make an order establishing such board of arbitration and referring the matters in dispute to it for hearing, adjudication and determination. The said petition and order, or a copy thereof, shall be filed in the office of the district clerk of the county in which the arbitration is sought.

ART. 61c. When a controversy involves and affects the interests Different laof two or more classes or grades of employees belonging to differ- bor organizaent labor organizations, or of individuals who are not members of

a labor organization, then the two arbitrators selected by the employees shall be agreed upon and selected by the concurrent action of all such labor organizations, and a majority of such individuals who are not members of a labor organization.

tions.

claims.

ART. 61d. The submission shall be in writing, shall be signed by Submission of the employer or receiver and the labor organization representing the employees, or any laborer or laborers to be affected by such arbitration who may not belong to any labor organization, shall state the question to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows: 1. That pending the arbitration the existing status prior to any disagreement or strike shall not be changed.

2. That the award shall be filed in the office of the clerk of the district court of the county in which said board of arbitration is held, and shall be final and conclusive upon both parties, unless set aside for error of law, apparent on the record.

3. That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit.

4. That the employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of said employer or receiver before the expiration of thirty days, nor without giving said employer or receiver thirty days written notice of their intention so to quit.

5. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject

between the same parties shall be had until the expiration of said one year.

ART. 61e. The arbitrators so selected shall sign a consent to act as such and shall take and subscribe an oath before some officer authorized to administer the same to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be immediately filed in the office of the clerk of the district court wherein such arbitrators are to act. When said board is ready for the transaction of business it shall select one of its members to act as secretary and the parties to the dispute shall receive notice of a time and place of hearing, which shall be not more than ten days after such agreement to arbitrate has been filed.

ART. 61f. The chairman shall have power to administer oaths and to issue subpoenas for the production of books and papers and for the attendance of witnesses to the same extent that such power is possessed by the court of record or the judge thereof in this State. The board may make and enforce the rules for its government and transaction of the business before it and fix its sessions and adjournment, and shall herein examine such witnesses as may be brought before the board, and such other proof as may be given relative to the matter in dispute.

ART. 61g. When said board shall have rendered its adjudication and determination its powers shall cease, unless there may be at the time in existence other similar grievances or disputes between the same class of persons mentioned in article 61a, and in such case such persons may submit their differences to said board, which shall have power to act and adjudicate and determine the same as fully as if said board was originally created for the settlement of such difference or differences.

ART. 61h. During the pendency of arbitration under this chapter it shall not be lawful for the employer or receiver party to such arbitration, nor his agent, to discharge the employees parties thereto, except for inefficiency, violation of law, or neglect of duty, or where reduction of force is necessary, nor for the organization representing such employees to order, nor for the employees to unite in, aid or abet strikes or boycots against such employer or receiver.

ART. 611. Each of the said board of arbitrators shall receive three dollars per day for every day in actual service, not to exceed ten days, and traveling expenses not to exceed five cents per mile actually traveled in getting to or returning from the place where the board is in session. The fees of witnesses of the aforesaid board shall be fifty cents for each day's attendance and five cents per mile traveled by the nearest route to and returning from the place where attendance is required by the board. All subpoenas shall be signed by the secretary of the board and may be served by any person of full age authorized by the board to serve the same, and the fees and mileage of witnesses and the per diem and traveling expenses of said arbitrators shall be taxed as costs against either or all of the parties to said arbitration, as the board of arbitrators may deem just, and shall constitute part of their award, and each of the parties to said arbitration shall, before the arbitration [arbitrators] proceed to consider the matters submitted to them, give a bond, with two or more good and sufficient sureties in an amount to be fixed by the board of arbitration, conditioned for the payment of all expenses connected with the said arbitration.

ART. 61j. The award shall be made in triplicate. One copy shall be filed in the district clerk's office, one copy shall be given to the employer or receiver, and one copy to the employees or their duly authorized representative. The award being filed in the clerk's office of the district court, as hereinbefore provided, shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which