The Fremont County record. [volume] (Canon City, Colo.) 1877-18??, 1883-02-24
Section 1a For anv injury to person or

Section -. For any injury to pers on or
property occasioned by any violation of this
act, or any wilful failure to comply with
its provisions by any owner, lessee, or ope-
rator 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
wilful failure, 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.
Section 13. The provisions of this act
shall not apply to or effect any coal mine
in which not more than twelve men are
employed underground at the same time !;
but on the application of the proprietor of,
or miners in any such mine, the inspector
shall make, or cause to be made, an inspec-
tion of such mine, and shall direct and en-
force any regulations in accordance with
the provisions of this act that he deems
necessary for the safety and health of
miners.
Section IA. Within four months of the
date of the passage of this act, the judges
of the district courts shall appoint four
reputable coal miners of known experience,
and in practice at the time, and the gov
ernor shall appoint one mining engineer Of
like repute and experience and practice at
the time, who shall constitute board of
five examiners, whose duty it shall be to
inquire into the character and Qualifica-
tions of candidates for the Office Of inspector
of mines under the provisions of this act
The examiners first appointed in pursu-
ance of this section shall meet in the city
of Denver on the Goth day of July next,
and after being duly organized having
taken and subscribed before any officer
10 nIt i,,;e etn |,
the following OATH namely: "Ws the
undersigned, do solemnly swear Tor affirm
that we will perform the duties of examin-
ers of applicants for appointment as
inspector of coal mines, to the best of
our abilities, and that in recommending
or rejecting said applicants we will be gov
erned by the evidence of qualifications to
I'LL the positions under the law creating
the same, and not by any consideration of
political or other 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" shall proceed to the e1-
animation of those who may present them
selves as candidates for said office; and
they shall certify to the governor the
names of all such applicants as any four of
the examiners shall find competent to fill
the office under the provisions of this act.
which names shall be filed in the office of
the secretary of state. The qualifications
of candidates for said Office of inspector of
mines to be inquired into and certified by
said examiners shall be rs follows, namely !:
They shall be citizens of the United States.
of temperate habits, of good reputc as men
of personal integrity, shall have obtained
the age of 30 years and shall have had at
least one years experience in tho workings
of the coal mines of Colorado and five
years of practical experience in the work
ings of coal mines in the United States, and
have a practical knowledge of mining en-
gineering, and of the different systems of
working and ventilatipg 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 rs 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 bcreinbefore provided ;
the governor shall from the names so certi-
lied appoint the person possessing the best
qualifications to be inspector of coal mines
whose commission shall be for the term
expiring January 1st, 1887, or until his
successor is appointed and confirmed by
the senate; as often as vacancies in said
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
NIL the same by appointment for the unex-
pired term from the names on file in the
office of the secretary of state, as hereinbe-
fore mentioned as having passed examina-
ton. Every four years from January l.
A, d. 1883, the governor shall appoint one
mining engineer as before, and shall notify
the judges of four of the judicial districts
of the State containing coal mines, selecting
them in such order as to allow each district
an equal share of such appointments, each
to appoint one miner, and the five SO ap-
pointed shall constitute 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.
tho Governor shall appoint the inspector of
mines provided for in this act; nothing in
this act shall be construed to prevent the
reappointmcnt of any inspector of coal
mines. The inspector of coal mines
shall receive for his services an annual
salary of $4,000 and five cents per mile
mileage for all distances travelled in the
discharge of his official duties, to be paid
quarterly by the state treasurer and said
inspector shall reside in tho state and shall
keep an office at the capitol or other build
ing in which the offices of the state are To-
Gated. Each inspector is hereby author
lied to procure such instruments and chem
ical 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 certi-
fed by him and audited by the proper de-
partment Of the state. All instruments.
plans, book memoranda, notes. etc, pertain
ing to the Office shall be the property OF
the state and shall be delivered to their
successors in Office
Section 10. The inspector of coal mines
shall, before entering upon the discharge of
his duties, give bond in the sum of Sc, 600,
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 (afirmation)
to discharge his duties impartially and
with fidelity to the best of his knowledge
and ability.
Section 16. No person acting as mana
ger or agent of any coal mine or as a min
ing engineer for any coal mining company,
or to be interested in operating any coal
mine shall at the same time act as an in
spector of coal mines under this act.
Section H. The inspector of coal mines
shall devote tbn yybnle nf b;u +;,,o a. AZ.