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DTTNTNG GOIDE

of the

Sfofe of Arizono

ksucd by CLIFFORD J. MURDOCK STATE MINE INSPECTOR PHOENIX. ARIZONA

July 1949 {GDerur thr r, t,, mw/o+t

CHAPTER 65.

ARTICLE 1. MINING LOCATION

65-101. Location Upon Discovery of Mineral in Place. On the discovery of minlral in place on the public do- main of the United States the same may be located as a mining claim by the discoverer for himself, or for himself and others, or for others. (R. S. 1901, 53231; 1913, 94027; R. C. 1928, $2266.) 65-102. Location Notice, Contents; Amendment. Such location shall be made by erecting at ol contiguous to the point of discovery a conspicuous monument of stones, not less than three feet in height, or an upright post, securely fixed; projecting at least four feet above the ground, in or on which there shall be posted a location notice, signed by the name of the locator. The location notice must contain: The name of the claim located ; the name of the locator; the date of the location; the length and width of the claim in feet, and the distance in feet frorn the point of discovery to each end of the claim; the general course of the claim; the locality of the claim with reference to some natural object or permanent monument vi,hereby the claim can be identified; and until each of the same shall have been done no right to such location shall be acquired. The notices may be amended at any time and the monuments changed to correspond with the amended location; provided, that no change shall be made which will interfere with the rights of others. (R. S. 1901, $$3232, 3233, 3238; 1913, $$4028, 4029, 4034; cons. & rev. R. C. 1928,82267.

65-103. Completing Location; Additional Acts; Failure. From the time of the location the locator shall be allowed ninety days within which to do the following: Cause to be recorded in the office of the county recorder a copy of the location notice; sink a discovery shaft in the claim to a depth of at least eight feet from the lowest part of the rim of 'the shaft at the surface, and deeper, if necessary, until there is disclosed in said shaft mineral in place; and monument the claim on the ground so that its boundaries can be readily traced. Failure to do all such things in the time and place specified shall be an abandonment of the claim, and all right and claim thereto of the discoverer and locator shall be forfeited. (R. S. 1901, $$3234,3235; Laws 1909, ch. 60, $1, p. 157; 1913 $$4030, 4031; cons. & rev., R. C. 1928, $2268.) 1 65-104. Monumenting. Such boundaries shall be monumented by six substantial posts projecting at least four feet above the surface of the ground, or by substantial stone monuments at least three feet high, one at each corner of the said claim and one at l the center of each end line thereof ; when, however, the point of a monument is at the same point and coincides rvith a monument of the survey of the United States, the monument of such government survey shall be deemed a mining claim monument. (R. S. 1901, $:1236; 1913, $40:12; Laws 1919, ch. 125, $1, p. 196; rev. R. C. 1928, S2269.

65-105. Tunnel As Location Work. Any open cut, adit or tunnel, made trs a part of the location of a lode mining claim, equal in amount of vi,ork to a shaft eight feet deep and four feet wide by six feet long, and which shall cut a lode or mineral in place at a depth of ten feet from the surface, shall be equivalent, as discover-v work, to a shaft sunk from the surface. (R. S. 1901, $i32li7; Laws 1909, ch. 60, $2, p. 157 ; R. S. 1913, S4O:lil ; rev., It. C. 1928, $2270.)

65-106. Relocation. The location of an abandoned or forfeited claim shall bc made in the same manner as other locations, except that the relocator may perform his location work by sinking the original location shaft eight feet deeper than it was originally, or if the original location work consisted of a tunnel or open cut he may perform his location work by extending said tunnel or open cut by removing therefrom trvo hundrecl and forty cubic feet of rock or vein material. (R. S. 1901, 53241; Laws 1907, ch. 22, 51, p. 27 ; R. S. 1913, $40i)7, in part; R. C. 1928, $22?1.)

6ri-107. Locating and Monumenting Placer Claims; Record- ing Notice. The locator of a placer mining claim shall locate his claim in the following manner: By posting a location notice thereon, containing the name of the claim, the name of the locator, the date of location, and the number of acres claimed; a description of the claim with reference to some natural object or permanent monument that will identify the claim and by marking the boundaries of his claim with a post or monll- ment of stones at each angle of the claim located. When a post is used it must be at least four inches in diameter by four feet six inches in length, set one foot in the grouncl anrl 2 surrounded by a mound of stone or earth. Where it is practically impossible on account of bedrock or precipitous ground to sink such posts, they may be placed in a pile of stones. If it is impossible to erect and maintain a post or monument of stone at any angle of such claim, a witness post or monument may be used, to be placed as near the true corner as the nature of the ground will permit. When a mound of stone is used, it must be at least three feet in height and four feet in diameter at the base. The locator shall, within sixty days after the date of location, record a copy of the location notice. (R. S. 1901, $S32a2-32aa; 1913, $$4038-4040; cons. & rev., R. C. 1928, *2272.) 65-108. Affidavit of Performance of Annual Work; Prima Facie. Within three months after the expiration of the time fixed for the performance of annual labor or the making of improvements upon a mining claim, the person on whose behalf such work or improvement was made, or some person for him knowing the facts, may make and record an affidavit, in substance as follows: State of Arizona, county of----..-...-."-.-.-..ss:----..--.- being duly sworn, deposes and says that he is a citizen of the United States and more than twenty-one years of age, resides at ----...------..-.----.,,---,-, in .- -.- county, Arizona, is personally acquainted with the mining claim known as .------..-.-- mining claim, situated in --...-----..mining district, Arizona, the location notice of which is recorded in the office of the county recorder of said county, in book - of records of mines, on page -..- That between the day of -...----.-.....-.--....., A.D. . ..,---,...-., and the day of --..-, A.D. - at least , .,. dollars worth of work and improvements were done and performed upon said claim, not including the location rvork of said claim. Such work and improvements were made by and at the expense of .,----, owner of said claim, for the purpose of complying with the laws of the United States pertaining to assessment or annual work, and (here name the miners or men who worked upon the claim in doing the work) were the men employed by said owner and who labored upon said claim, did said work and improvements, the same being as follows, to-wit: (Here describe the work done, and add signature and verification.) Such affidavit, when recorded, shall be prima facie evidence of the performance of such labor or improvement. (R. S. 1901, S$3240,3241, in part; Laws 1907, ch. 22, $1, 3 p. 27; R. S. 1913, 5$4035, 4037, in part, cons. & rev., R. C. 1e28 $2273.)

65-f09. One Affidavit for Group. When two or more contiguous claims are owned b1' the same person and constitute a group, and the annual work is done upon each of said claims or upon one or more of the same for the benefit of all, or wholly or partly outside of such claims for the benefit of all, all such claims may be included in a single affidavit. (R. S. 1913, $4036; R. C. 1928, 92274.) 65-110. Advertising Delinquent Co-owners; Effect as Evi- dence. Whenever a co-owner shall give to a delinquent co- owner the notice in writing or notice by publication to contribute his proportion of the expense of the annual labor as provided by the laws of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service, and by whom and upon whom such service made, shall be attached to a true copy of such notice, and such notice and affidavit recorded. Ninety days after giving the notice; or if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affidavit of the editor or publisher of such paper, stating the date of each insertion of such notice therein, and when and where the newspaper was published during that time, and such affidavit and notice shall be recorded one hundred and eighty days after the first publication. The original of such notice and affidavits, or the records thereof .f,u]i f" p.i*, facie evidence that fhe said delinquent hal failed or refused to contribute his proportion of the expenditure, and of the service and publication of said notice; unless the writing or affidavit provided for in the following section is of record. (R. S. 1901, $$324ir, 3246; 1913, $$4042, 4043; cons. & rev., R. C. 1928, 52275.) 65-111. Contribution by Delinquent Co-owner; Acknowl- edgement. If such delinquent shall, within the time required by the laws of the United States, contribute his proportion of such expenditures, such co-owner shall sign and deliver to the delinquent, a writing stating that the delinquent by name has, within the time required contributed his share for the year upon the claim, and further stating therein the district, county and state wherein the claim is situated, and 4 the book and page where the location notice is recorded. Such writing shall be recorded. If such co-owner fail to sign and deliver such writing to the delinquent within twenty days after such contribution, he shall be liable to the delinquent for a penalty of one hundred dollars, and the delinquent, with two disinterested persons having personal knowledge of said contribution, ma1' make an affidavit, setting forth the manner, amount, to whom and upon what mine such contribution was made. Such affidavii may be recorded, and shall be prima facie evidence of such contribution. (R. S. 1901. $83247, 3248; 1913, S94044, 4045; cons. & rev., R. C. 1928, 82276.)

6li-112. Sufficiency of Description of Mining Claims. In all actions, judgments, grants or conveyances it shall be a sufficient description of a mining claim if the name of the claim, the district, county and state where it is situated, and the book and pag:e where the location notice hereof is recorded can be intelligently learned therefrom. (R.S. 1901, $3249; 1913, $4046; rev., R. C. 1928,82277.)

ARTICLE. II. MINE INSPECTOR AND OPERATION OF MINES.

65-201. Qualifications of Mine Inspector; Duties; Deputies; Salary. The state mine inspector shall have been a resident of this state at least two years prior to his election, not under thirty years of age, and shall have been practically engaged in, and acquainted with, mines and mining in this state, and shall have at least seven years' experience in underground mining. No person may be an inspector or deputy inspector while an employee, director, or officer, of any mining, milling, or smelting company. The inspector, and each deputy, shall devote his entire time to the duties of his office. The inspector shall receive, in addition to his salary, his necessary traveling expenses when traveling in the discharge of official duties. He shall give bond to the state in the'sum of five thousand dollars ($5,000). (Laws 1912, ch. 33, $$3, 5, p. 87; R. S. 1913, $$4055, 4057; cons. & rev., R. C. 1928, i2278.) 65-202. Amended to read: DEPUTY INSPECTORS. The State Mine Inspector shall appoint three deputies having the same qualifications as the mine inspector. Be- ginning July 1, 1949, they shall each receive a salary of four 5 thousand tu,o hundred dollars ($4200.00) per annum and necessary traveling expenses as allowed for state officials. The mine inspector shall have a seal bearing the words: "Mine Inspector, State of Arizona", which shall be affixed to official documents. (Laws 1912, ch. 33, $56, 7, 9, p. 87; R. S. 1913, $$4058, 4059, 4061; Laws 1919 ch. 54, $1, p. 6'l; cons. and rev., R. C. 1928, *2279; Laws 19.15, ch.2ll, $1, p.39).

65-203. Reports to Be Kept Secret, Dismissal for Violation. No inspector, dequty or employee shall make a report on any mine or mining property or prospect, except an official report to his superior officer, or to the governor; nor shall he make public or reveal to any other person knowledge or information obtained by him in the exercise of his official duties concerning ore, ore bodies, or values, of any mine or part thereof. Any inspector or deputy violating this section shall be dismissed from office. (Laws 1912, ch. 33 S8, p.87; R. S.1913, $4060; rev. R. C.1928, 52280.) 6ir-20.1. Inspection of Mines; Powers of Inspector. The mine inspector shall visit, at least once every three months, every mine in this state employing fifty or more men underground, and every other working mine employing six or more men, at least once every year, and shall :inspect and examine into the operation, conditions, safety appliances, machinery, sanitation and ventilation therein, thc means of ingress and egress, and the means taken to protect the lives, health and the safety of the miners, the cause of accidents and deaths therein, and inspect and ascertain the means taken to comply with this chapter. The inspector may at all hours enter and examine any part of any mine, visit, investigate, and examine any plant or equipment connected therewith, or any part of the working thereof. All operators and their employees shall assist thc inspector to make such examination. (Laws 1912, ch. :i:1, $10, p. 87; R. S. 1913, $4062; rev., R. C. 1928, $2281.)

6it-205. Notification to Inspector of Beginning or Suspen- sion of Operations; Penalty for Failure. Whenever mining operations are initiated in any mine or mining property coming under the jurisdiction of the inspector, and such mining property not theretofore being in continuous operation, employing six or more emplo)'ees, or, u,henever the operations therein are suspended, the operator of such mine or mining property within ten days after 6 the initiation, commencement or suspension of such operations, shall notify the inspector in writing, at his office of such initiation or suspension of work. An operator violating this section shall be guilty of a misdemeanor and fined not Iess than fifty nor more than three hundred dollars ($300). (Laws 1921, ch.73, $1, p. 147; rev., R. C. 1928, *2282.)

65-206. Notice of Dangerous Condition; Operators to Com- ply with Requirements; Mine to Be Closed Upon Failure. If upon inspection it shall appear to the mine inspector that a mine is, from any cause, in a dangerous condition or fails to comply with the requirements of law, he shall at once serve written notice on the operator or his agent in charge, stating in detail why said mine is dangerous, inse- cure, or not in compliance with the law, and lvhat necessary changes should be made, and specify a reasonable time within which to make the same. The operator shall forthwith make such change and comply with said notice. In any action against a party'so notified, for loss of life or bodily injuries sustained by an employee subsequent to such notice and in consequence of said dangerous conditicin, a certified copy of the notice served by the inspector shall be prima facie evidence of the negligence of said party. If it appears from a re-examination that such changes or compliances have not been made within the time specified in such notice, and that the mine is still in a condition dangerous to life or health, and in the opinion of the inspector it is necessary for the safety of the life or health of the employees that the same be vacated, the inspector shall forthwith order the cessation of the operation and working of said mine or part thereof, and order that the employees shall not be permitted therein except to remedy the defects complained of. until this chapter is complied with to the satisfaction of the inspector. The operator of said mine shall forthwith obey said order. (Laws 1912, ch. 33, $11, p.87; R. S.1913, $4063; rev. R. C.1928, $2283.) 65-207. Complaint of Dangerous Condition; Inspection. Whenever the inspector receives a complaint in writing signed by a person employed in a mine, setting forth that the mine or part thereof in which he is working .is being operated contrary to law, or is dangerous in any respect to the health or lives of those employed therein, and when such danger was first observed, the inspector shall examine such mine as soon as possible. The name of the person making such complaint shall not be disclosed by the inspec- 7 tor, unless permission be expressly granted by such person. The complaint shall be indexed and filed by the inspector. (Laws 1912, ch. 33, S12, p. 87; R. S. 1913, $4064; rev., R. C. 1928, 52284.)

6ir-20i1. Accidents to Be Reported to Inspector; Investiga- tibn. Whenever loss of life or serious accident shall occur in any mine the operator shall give immediate notice thereof' and report the facts in writing to the mine inspector. The refusal or failure to so report shall be a misdemeanor. The inspector, upon receipt of notice of such accident, shall investigate the same and make a report to be filed in his office. In case of loss of life the inspector shall appear at the coroner's inquest held respecting such accident, and may examine the witnesses. If the inspector considers the facts warrant it he shall cause a copy of the report, or a copy of the testi- mony, together with the verdict of the coroner's jury and all papers in his hands relating thereto, to be forwarded to the attorney for the county in which the accident or loss of lifc occurred, together with an accompanying statement of the inspector, showing in what particular he believes the lau' to have been violated. (Laws 1912, ch. :]3, S13, p. 87; R. S. 1913, $4065; rev. R. C. 1928, 52285.)

65-209. Record of Inspections. After every inspection the inspector shall enter forthwith in a book to be kept at the mine and designated as the "Record of Inspection," the portion of the mine so inspccted, the nature of such inspection, and every dangerous defect observed in the state and conditions of the mine, machinery, and appliances; but nothing contained in or omitted from such entry shall limit or affect the duty and obligation of the owner or operator of such mine under this chapter. Such record shall be open at all reasonable times to the examination of the inspector and of any miner. (Laws 1912, ch. 3ii, $15, p.87, R. S.1913, $4067; rev. R. C.1928, S2286.) 65-210. Annual Report to Governor by Inspector. The mine inspector on the thirty-first day of I)ecember in each year shall make and file with the governor a report giving a statistical summary and report of thc work during the year ending November thirtieth. Such report shall contain a statement showing'the number of men employecl in each mine in the state, and separately, the number of men employed above ground and under ground, the number and 8 nature of fatal and serious accidents occurring in cach mine, the number of inspections made, complaints filed, inquests attended, mines or mine workings ordered to be vacated, violations found, and other information deemed important, together with necessary or desirable recommendations. Copies of such reports shall be published and distributed at the expense of the state. (Laws 1912, ch. 33, $16, p. 87; R. S. 1913, $4068; rev., R. C. 1928, $2287.)

65-211. First Aid Appliances and Corps. The operator or person in charge of a mine, where ten or more men are employed, shall keep at the mouth of the tunnel, shaft or stope, or at such other place about the mine as may be designated by the mine inspector, a stretcher and a woolen waterproof blanket, in good c_ondition, for use in carrying any person who may be injured at the mine; where more than one hundred persons are employed, two or more of same shall be kept. At all mines a supply of first aid remedies shall be kept readily accessible. In mines where three hundred or more men are employed, a first aid corps must be organized, consisting of the foreman, shift bosses, timekeepers, and other employees, designated by the operator or superintendent, and the services of a competent surgeon and physician shall be procured to instruct the members not less than once in each calendar rnonth, in the proper handling and treatment of in.iured persons before the arrival of a physician. (Laws 1912, ch. 33, $17, p. 87; R. S. 1913, $4069, rev. R. C. 1928, $2288.)

65-212. Maps of Underground Workings. When ordered by the mine inspector, the operator of every mine, employing ten or more men under ground, shall make and maintain a reasonably accurate map of the workings of such mine. At least once in every six months, or of- tener, if necessary, the operator shall make alterations on, or additions to, the map sholl'ing all excavations made since last shown on said map. All parts of said mine, which were worked or abandoned shall be clearly indicated, and all under ground workings shall be surveyed and rnapped before they are allowed to become inaccessible. Such maps shall, at all times, be open to the examination of the mine inspector. /Laws 1912, ch.33, $18, p.87; R. S.1913, $4070; rev. R. c. 1928, 52289.)

I 65-213. Explosives, Care, Record and Use of. Explosives must be stored in a magazine used for that purpose only, to be placed far enough from the working I shaft, tunnel, or incline to insure their remaining intact if the entire stock explode. Explosives shall not be stored in underground workings where men are employed; explosives in excess of the amount required for twenty-four hours' work shall be kept in the magazine and such temporary supply shall not be kept at any place where its accidental discharge would cut off the escape of the miners. The operator shall provide a suitable device for thawing or warming powder and keeping the same in condition for use, and no powder shall be thawed except in such device ; oils or other combustible substances or blasting caps shall not be kept or stored in the same magazine with explosives. All nitro-glycerine, nitro or blasting powder, or other high explosives sold in the state shall be properly marked with the date of manufacture on each stick of powder, and no nitro-glycerine, nitro or blasting powder, or other high explosives shall be sold or used after twelve months from the date of manufacture. The mine inspector may regulate and Iimit the amount of blasting powder or other high explosives stored or kept in general supply stores in mining camps or mining towns where there is no law governing the storage of the same. No person shall, whether working for himself or in the employ of another, while loading or charging a hole with a any blasting powder or other high explosives, use or employ any steel or iron tamping bar; nor shall any person allow or permit the use of such steel, iron, or other metal tamping bar while loading or charging a hole by employees under his management or direction. . Every person manufacttiring, storing, selling, transfer- ring or in any manner disposing of any powder or other high explosives shall keep in a book for that purpose an accurate record of all transactions, with the date thereof, relating to the receiving and disposing of the same, showing the amount of each such explosive received, of whom received, when received, disposition made of such explosive, with the amount thereof, and the name of the person to whom delivery was made, who shall be required to receipt therefor. Such record shall at all times be open to the inspection of the mine inspector, or any peace officer. Before firing charges, warning must be given in every direction from which access may be had to the place where blasting is going on, and mis-fire holes shall be reported to the mine foreman, or the shift boss, in charge at the locality of such holes. If the shots are fired by electricity, the place must be carefully examined before men are permitted to work therein. The person in charge shall further instruct those employed in clearing away the loose rock, to 10 report to him immediately the finding of any wires in or under the loose rock, and if discovered, he shall at once order work to cease until the wires have been carefully traced to their terminals in order to determine whether a mis-fire has occurred. (Laws 1912, ch. 33, $19, p. 87; R. S. 1913, $4071; rev., R. C. 1928, $2290.)

65-214. Fire Protection of One-Exit Mines. All mines having but one exit covered with a building containing the mechanical plant, furnace room or blacksmith shop shall have fire protection, water if possible, and if water is not available, chemical fire extinguishers or hand gre- nades in convenient places for immediate use. (Laws 1912, ch.33, $20, p.87;R. S. 1913, $4072;rev., R. C. 1928, $2291.) 65-215. Escapement Shafts. Every person having in a mine a vertical or incline shaft to a greater depth than one hundred feet, and who has drifted a distance of two hundred feet or more, and commenced to stope, shall provide and maintain to the hoisting shaft or the opening through which men are let into or out a of the mine and the ore is extracted, a seperate escapement shaft, raise, or opening, or an underground opening or communication with some contiguous mine; if such contiguous mine belongs to a different person, the right to use the outlet through such contiguous mine, in all cases when necessary, or in case of accident, must be secured and kept in force. Where such an escapement shaft or opening shall not be in existence at the time that stoping is commenced, work upon such an escapement shaft, or opening, must be commenced as soon as stoping begins and be diligently prosecuted until completed, and said escapement shaft, raise, or opening shall be continued to and connected with the lowest workings in the mine. The escapement shaft or exit, must be of sufficient size to afford an easy passageway, and if it be a raise, or shaft, must be provided with substantial ladders from the deepest workings to the surface. Whenever the exit or outlet is not in a direct or continuous course, signboards plainly marked showing the direction to be taken must be placed at each departure from the continuous course. (Laws 1912, ch. 33, $21, p. 87; R. S. 1913, $4073; rev., R. C. 1928, $2292. )

65-216. Hoists; Equipment and Operation. No person addicted to the use of intoxicating liquors or drugs, or under eighteen years of age, shall be employed as a hoisting engineer. All power hoisting machinery used in 11 hoisting from or lowering employees or materials into mines, except prospect shafts not exceeding three hundred feet in depth, shall be equipped with an indicator, placed near and in clear view or hearing of the engineer. This indicator must be in addition to marks on the rope, or cable or drum. It shall be unlawful to hoist men out of, or lower men into, a mine at a speed greater than fifteen hundred feet a minute; provided, however, the state mine inspector or his deputies may designate a lesser speed than fifteen hundred feet per minute, in any shdft, if in his discretion this speed may be unsafe. All hoisting machinery shall be inspected once in every twenty-four hours by a competent person appointed by the mine operator for that purpose, and every such inspector shall immediately report in writing to said operator any and all defects found. All ropes or cables used for hoisting purposes shall be of approved quality and manufacture; and in shafts or winzes of over two hundred feet in depth wire ropes or cables only shall be used for hoisting purposes. All head frames where men are hoisted at a speed of over two hundred and fifty feet per minute and where more than twenty-five men are employed, shall be so constructed as to allow at least twenty-five feet above the hoist landing stage in which the cage, skip or bucket can travel freely in case of an overwind. It shall be unlawful for the operator of any mine to permit the hoisting or lowering of men in any shaft deeper than three hundred feet, excepting shafts in process of sinking, unless an iron-bonneted safety cage equipped with gatcs at least five feet in height, be used for the hoisting and lowering of such men. Every cage shall have over-head bars of such arrangement as to give every man on the cage an easy and secure handhold, and every cage or skip for hoisting men shall be provided with a safety catch of sufficient strength to hold the cage or skip with its maximum load at any point in the shaft in the event that the hoisting cable should break. The inspector shall see that all cages and skips are equipped as herein required, and that on all cages the safety catches are kept well oiled and in good working condition. In any shaft of less than three hundred feet deep, where no safety cage is used, and where crossheads are used, platforms for employees to ride upon, equipped with safety catches as required herein for cages and skips, shall be provided. All verticle shafts more than two hundred feet deep from which hoisting is done by means of a bucket, mrrst be provided with suitable guides, and in connection with the bucket there must be a crosshead traveling upon the guides. 12 The height of the cross head shall be at least one and one- half times its width. If the cross-head be a type that is not secured to the hoisting rope, a stopper of design to be approved by the mine inspector must be securely and rigidly fastened to the hoisting-rope at a suitable point above the rim of the bucket. The number of persons permitted to ride on the deck of a cage, or in or on a skip or bucket, shall be de- termined by the mine inspector, and no more than that number shall be allowed to ride. No person shall ride upon a cage, nor in nor on a skip, or bucket, when the same is loaded with rock or ore, nor when loaded with tools, timber, powder, or other material, except for the purpose of assist- ing in passing these through the shaft.

When tools, timber, or other materials are to be loaded or hoisted in the shaft, the ends, if projecting above the top of the bucket, skip, or other vehicle, shall be securely fastened to the hoisting rope or to the upper part of the vehicle, and tools, timber, or other material loaded erectly upon a cage must be securely lashed before being hoisted or carried. No cage, skip, bucket, or other vehicle, shall be lowered directly to the bottom of the shaft, fifty feet or more in depth, where men are working, but must be stopped at Ieast fifteen feet above the bottom until the signal to lower further has been given by one of the men at the bottom of the shaft.

Persons engaged in deepening a shaft in which regular hoisting from an upper level is going on shall be protected from the danger of falling material by a suitable covering, sufficient opening in such covering being left only for the passage of the bucket or conveyance used in the sinking operations. In shafts, winzes or raises, where two or more crews of men are working, one crew above another, there shall be a bulkhead between each two crews of men, strong enough to stop any tools or other material that may fall from the men working above, and only the cage, skip, or bucket compartments shall be left open. All shafts or winzes shall have a bulkhead over the men working in the bottom of the shaft or winze, built of timber not less than six inches in thickness, not more than fifty feet above the bottom of said shaft or winze, providing ample protection for the men working in the bottom of said shaft or winze, and so constructed as not to shut off the air circulation; the cage, skip, or bucket compartment only to be left open. All shafts or winzes shall be cleaned dorvn beloll' the bulkhead after each blasting. Windlasses and winzes in mines shall be provided with a suitable plug or some other reliable device to prevent running back of the bucket or other conveyance. No open t3 hook shall be used with a bucket in hoisting, but only some approved form of safety hook or shackle hook.

A release signal of one bell to the hoisting engineer shall be given to release the cage, skip, or bucket after it has been stopped at any station. At any mine where men are hoisted by mechanical means, a hoistman charged with the hoisting thereof shall be kept on duty at the hoist at all times when men are under ground. (Laws 1912, ch. 33, $22, p. 87; R. S. 1913, $4074; rev. R. C. 1928, $2293; Laws 1931, ch. 27, $1, p. 43.)

65-2f7. Outlets; Shafts; Winzes and Ladderways. Every mine shall have at least two outlets to the surface, except as hereinbefore provided. Such outlets must not lead to the surface in one and the same house, and must not at any point be nearer to one another than thirty feet. In the event that two outlets of any mine, or part of them, do not belong to the same mine, the owners and operators of the respective mines shall be responsible for the outlet, or part of it, in their respective mines, being kept in proper repair; and should any obstruction arise in any such outlet, or anything occur in one of the mines to jeopardize the safety of the outlet, the occurrence shall be immediately reported to the owner or person in charge of the other mine. If either of the two outlets or part of them, be situated in an abandoned mine the operators of the working mine shall be jointly and severally responsible for the proper maintenance and repair of such outlet. At every mine where a single shaft be allowed to afford the only means of ingress and egress to the persons employed under ground, such shaft, if more than two hunclred feet deep, shall be divided into at least two compartments, and one of the compartments shall be set aside for a ladder- '"l,ay, which must be equipped as hereinafter provided. When- ever such a single shaft be covered by a building not abso- lutely fireproof, the ladder-way shall be securely bulkheaded at a point at least twenty-five feet below the collar of the shaft, and below this bulkhead, if the shaft is situated upon a side hill, a drift shall be driven to the surface ; if the shaft be situated in a level country, this drift shall be driven to a safe distance beyond the walls of the building, but in no case less than thirty feet, and from there a raise shall be made to the surface. This raise shall be equipped with a ladder-way, and it, together with the drift connecting with the main shaft, shall be kept in good repair and shall afford a safe escape in the event of fire. t4 No structure shall be erected over an outlet of a mine, except the head-frame necessary for hoisting from the shaft and the hatch or door necessary for hoisting from a shaft and the hatch or door required to protect, from in- clemency of the weather, men obliged to work at the top of a shaft. If for the latter purpose a house be required, the mine inspector may, in writing, grant permission for its construction, but such a house must be as small as possible, constructed of uninflammable material, and the storage of any inflammable material inside of it, or within thirty feet of it, is prohibited. Every adit of r,r'hich the mouth is covered by a house or building of any kind shall be provided with a fireproof door, near the mouth of the adit, that can be closed from the outside of the building by means of a pull wire or cable, so as to keep the gases of combustion from entering the mine in the event that fire destroys the building at the mouth of the adit. Every shaft, winze, raise, or incline, of steeper slope than forty degrees from the horizontal and deeper than forty feet, through which men are obliged to travel, shall be provided with a ladder-way. Suitable ladders, or footways, shall be provided to connect floors of sets in stopes, and other places requiring communication in a mine. Every shaft shall have, in addition to any mechanical means of ingress and egress, at least one ladder or footway communicating from the lowest working of the mine to the surface. Permanent ladder-ways shall be strong and shall be firmly fastened and kept in good repair. In a vertical shaft the mine inspector may, in his discretion, by an order in writing, direct that the ladder shall be inclined at the most convenient angle which the space where the ladder is fixed allows, and every such ladder shall have substantial platforms at intervals of not more than twenty feet. The platform shall be closely covered, with the exception of an opening large enough to permit the passage of a man and shall be so arranged that a person cannot fall from one ladder through the opening to the next ladder. Ladder-ways shall be provided in shafts in the course of sinking to within such distance from the bottom as will secure them from damage by blasting, from the end of such ladder-ways portable ladders shall be extended to the bottom of the shaft. All stations or levels shall have a passage-way around the working shaft so that crossing over the hoisting compartments may be avoided. All sumps shall be securely planked over. At shaft stations a gate or guard rail must 15 be provided and kept in place across the shaft, except when cage, skip, or bucket is being loaded, but may be temporarill' removed for repairs or other operations, if proper precaution to prevent danger to persons is taken. The top of the shaft shall be protected by a substantial gate, guard rail, or chain. Winzes or raises shall not be started in the direct line of a drift, but shall be offset from the drift, and if opening from below directly on any drift or tunnel, traveled by men, shall be covered with a grizzly or by door. The opening of offset winzes shall be protected by a fence or guard rail not less than three feet nor more than four feet in height above the level of the drift. Winzes, sumps, and all other openings in the floor of a drift or stope must be kept covered by a substantial hatch, or planking, or provided with guard rails. (Laws 1912, ch. 33 $23, p. 87; R. S. 1913, $4075; rev., R. c. 1928, $2294.) 65-219. Lights; Trolley Wires. Stationary lights, deemed sufficient by the mine inspector, shall be provided during working hours at all stations in shafts during the time while in actual use; and at stations in levels where hoisting or hauling is effected by means of machinery; and at night at all working places on the surface. No candles shall be left burning in a mine when the person using the candle departs from his work for the day. Electric trolly wires shall be at least seven feet above the floor. (Laws 1912, ch.33 $$25,35, p.87; R. S. 1913, $S4077,4087; cons. & rev., R. C. 1928, S2296.)

65-220. Precautions Against Flooding. When advancing a drift, adit, Ievel, or incline toward a mine working that is thought to be filled with water, a bore hole must be kept at least twenty feet in advance of the breast of the drive; and also if necessary in directions laterally from the course of the drive. Such a working place must not exceed six feet in width and such further measures shall be taken as may be deemed necessary by the mine inspector to obviate the danger of a sudden breaking through of water. No raise shall be allowed to approach within ten feet of any portion of a winze, or a stope, in which there is a dangerous accumulation of water, unless such winze or stope be first unwatered by bailing or pumping, or by means of a bore from the raise. Where in the opinion of the mine inspector, there is a danger of a sudden inrush of r.l,ater, such additional raises, drifts, or other workings shall be constructed as are necessary to insure the escape of workmen from the lower workings. Places for the storage 16 of water in mines, shall be so constructed as to prevent leakage, as far as possible, and insure the safety of the men working below the same. It shall be unlawful for any operator to impound water or to keep water impounded within any mine in which men are working below the water so impounded, in such manner as to endanger the safety of such men, unless said water be impounded by a dam, or wall approved by the mine inspector. (Laws 1912, ch. 33, $26, p. 87; R. S. 1913, $4078; rev., R. C. 1928, 82297.\ 65-221. Interfering with Equipment Forbidden. No person shall knowingly injure or destroy any equipment or machinery of a mine; nor, unless authorized to do so, obstruct or open an airway, handle or disturb any part of the machinery of the hoisting engine of the mine, open the door of a mine and neglect to close it, endanger the mine or those working therein, disobey a lawful order, or do a wilful act whereby the lives or health of persons working in such mines, or the security of a mine, or the machinery connected therewith, may be endangered. (Laws 1912, ch.33, $31, p.87;R. S. 1913, $4083; rev., R. C. 1928, $2298.) 65-222. Danger Signals; Yisitors. Notices shall be placed at the entrance to any working place deemed dangerous, and at the entrance of old or a- bandoned workings; and no person other than those authorized by the operator, manager, or superintendent, shall remove or go beyond any caution-board or danger signal so placed. Visitors shall not be allowed underground unless accompanied by the owner or his agent for that purpose. (Laws 1912, ch. 33, $32, p. 87; R. S. 1913, $4084; rev., R. c. 1928, $2299.) 6ro-223. Fire Equipment and Training of Fire Crew. At any mine employing twenty-five or more men under-ground, the operator shall provide, and keep in a readily accessible place, at least two fire fighting helmets in condition to be used in case of emergency, and provide training for a crew in the use of said helmets; tests of the helmets by the actual use thereof by such crew shall be made at least monthly. (Laws 1912, ch. 33, $33, p 87; R. S. 1913, $4085; rev., R. C. 1928, $2300.) 65-224. Signalling Apparatus. Every shaft and each compartment thereof used for hoisting, if exceeding fifty feet in depth, and not exempted t7 in writing by the mine inspector, shall be provided with an efficient means of interchanging distinct and definite signals between the top of the shaft and the lowest level from which hoisting is being done, and the various intermediate levels for the time being in use. The signalling apparatus shall be either wire or cable actuating a bell, or whistle, or a speaking tube, or a telephone, or an electric system, or two or more of these. In mines where a station tender is employed no person shall ring any signal bell except the station tender, except in case of danger, or when the main shaft is being sunk. (Laws 1912, ch. 33, $34, p. 87; R. S. 1913, $4086; rev., R. C. 1928, $2301.) 65-225. Signal Code. The following signal code shall be used in all mines: I bell, stop immediately if in motion; 1 bell, hoist muck; 1 bell, release cage, skip, or bucket; 2 bells, lower ; 3-1 bells, hoist men; 3-2 bells, lower men, if bells rung slowly move slowly ; 4 bells, steam on or off; 5 bells, blasting or ready to shoot. This is a caution signal and if the engineer is prepared to accept it he must acknowledge by raising bucket or cage a few feet then lowering it again: After accepting this signal engineer must be prepared to hoist men away from blast as soon as signal "1 bell" is given and must accept no other signal in the meantime. 6 bells, air on or off; 7 bells, danger signal, followed by station signal calls cage to that station. This signal takes precedence over all other signals except an accepted blasting signal. STATION SIGNALS 1-2 bells, collar of shaft 2-l-2 bells, 20th level 1-3 bells, 1st level 2-7-Z bells, 21st level 1-4 bells, 2nd level 2-7-4 bells, 22nd level 1-5 bells, 3rd level 2-l-5 bells, 23rd level 2-1 bells, 4th level 2-2-7 bells, 24th level 2-2 bells, 5th level 2-2-2 bells, 25th level 2-3 bells, 6th level 2-2-3 bells, 26th level 2-4 bells, 7th level 2-2-4 bells, 27th Ievel 2-5 bells, Sth level 2-2-b bells, 28th level 4-1 bells, 9th level 2-4-7 bells, 29th level 4-2 bells, 10th level 2-4-z bells, 30th Ievel 4-3 bells, llth level 2-4-3 bells, 31st level 4-4 bells, 12th level 2-4-4 bells, 32nd level 4-5 bells, 13th level 2-4-5 bells, 33rd level 5-1 bells, 14th level 2-5-l bells, 34th level 5-2 bells, Lbth level 2-5-z bells, 35th level I 5-3 bells, 16th level 2-5-3 bells, 36th level 5-4 bells, 17th level 2-5-4 bells, 37th level 5-5 bells, 18th Ievel 2-5-5 bells, 38th level 6-1 bells, 19th level 2-6-1 bells, 39th level 18 Station signal must be given before hoisting or lower- irrg signal. The engineer shall not move a cage, skip, or bucket unless he understands the signal. One copy of this signal code shall be posted on the gallows frame, one at each station and one before the engineer. Special signals may be used provided they are easily distinguished by their sound, or otherwise, from the foregoing code, and do not interfere with it in any way. (Laws 1912, ch. 33, $$36, 37, p.87; R. S.1913, $$4088,4089; cons. & rev., R. C.1928, 52302; Larvs 1931, ch. 27, 82, p. 43.) 65-226, Copy of Law to Be Kept Posted. The operator or person in charge of every mine within the provisions of this article shall keep at all times in the office of said mine and in the timekeeper's office thereof, in an accessible place and subject to inspection by all workmen and persons interested in the same, at least one printed copy of this article. (Laws 1912, ch. 33, $38, p. 87; R. S. 1913, $4090; rev., R. C. 1928, $2303.) 65-227. Violations; Penalty. Any person violating a provision of this article where no other penalty is expressly provided, shall be guilty of a misdemeanor. (Laws 1912. ch. 33, $39, p. 87; R. S. 191:1, $4091; rev., R. C. 1928, $2304.) 65-228. . Common System of Drainage; Contribution of Cost. Whenever adjacent or contiguous mines, opened, de- veloped and worked upon the same or upon separate lodes have a common ingress of water; or, by reason of subter- ranean communication of water have a common drainage, the operators of said mines shall provide for their proportionate share of such drainage, or to prevent the water in such mine from flowing in or upon neighboring mines. If an operator of any such mines shall fail or neglect to provide for the drainage thereof, and by reason of such failure or neglect, the operator of an adjacent or contiguous mine is compelled to pump or drain or otherwise provide for the water flowing in from such first mentioned mine, the operator of the mine so in default, shall be liable for his proportion of the actual and necessary cost and expense of pumping, draining or otherwise providing for said water. (R. S. 1901, $S3252, 3253; 1913, $$4047, 4048; cons. & rev., : R. C. 1928, $2305.) 65-229. Order for Inspection. When an action is commenced to recover the costs and expenses for draining a lode or mine, the court shall grant 19 an order allowing the plaintiff to inspect the lodes or mines claimed to have becn drained, upon application and affidavit that such inspection is necessary for a proper preparation of the case for trial. Such order shall designate the number of persons, not exceeding three, besides the plaintiff, to make the examination and they may cause the removal of any rock, debris, or any other obstacle in an1, 1o6" or vein r,l'hen such removal is shown to be necessary to a just de- termination. (n. S. 1901, $3256; 1913, $4051; rev., R. C. 1928, $2306.) 611-230. Terms Defined; Extent of Application. This article shall apply to all mines in the state, and as herein used the term "mine" shall include all parts of a mine and any mining plant or equipment connected therewith, underground or on the surface, which contributes, or may contribute, to the mining or handling of ore, coal, or other metalliferous or non-metalliferous mineral product; the term "operator" shall mean the person, association or corporation in immediate possession of a mine, or mining claim, or accessories thereof, as owner or lessee thereof, and as such, responsible for the management and condition thereof ; the term "inspector" signifies the state mine inspector and his deputies I the words "excavations" and "workings," signify any or all parts of a mine excavated, or being excavated, including shafts. tunnels, entries, winzes, raises, stopes, open cuts, and all working places, whether abandoned or in use. (Laws 1912, ch. 33, $1, p. 87; R. S. 1913, $4053; rev., R. C. 1928, S2307.) l-16-113. Hours for Hoisting Engineers and Furnace Men; Penalty. The period of employment of hoisting engineers at the mines in the state, and furnace men at the smelters in the state, shall be eight hours per day, except in cases of emergency where life or property is in imminent danger. Any person, including the employee, who violates the provisions of this section shall be guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars, nor more than three hundred dollars for each offense. (Laws 1909, ch. 18. 51, p. 40; 1912, ch. 26, $$1, 2, o. 57; R. S. 1913, S53108,3109; cons. & rev., R. C.1928, S1354.) ir6-11l. Mining and Smelting Work. Electric Plants, De- clared Hazardous. I The employment in all underground mines, underground rvorkings, open cut workings, open pit workines, in or about, and in connection with, the operation of smelters, reduction 20 works, stamp mills, concentrating mills, chlorination processes, cyanide processes, cement works, rolling mills, rod mills, coke ovens, blast furnaces, and electric light or electric power plants, is hereby declared to be injurious to health and dangerous to life and limb of those employed therein. (Laws 1912, ch. 28, $1, p. 227; R. S. 1913, S$3098, 31,47 ; cons. & rev., R. C. 1928, $1355.)

56-115. Hours of Labor per Day for Miners; Persons Lia- ble; Penalty. The period of employment for all persons employed, occupied or engaged, in work or labor, of any kind, in underground mines or underground workings of any kind; open cut workings or open pit workings; in or about, or in connection with, the operation of smelters, reduction works, stamp mills, concentrating mills, chlorinating processes, cyanide processes, cement works, rolling mills, rod mills, and at coke ovens and blast furnaces, shall not exceed eight hours within any twenty-four hours, and the said eight hours shall include the time'employed, occupied or consumed, in descending to and ascending from the point or place of work in any underground mine or underground workings, or the time employed, occupied or consumed in leaving the surface of any tunnel, open cut, or open pit workings, for the point or place of work therein, and in returning thereto from said point or place of work; except that in an emergency, where life or property is in imminent danger, the period may be prolonged during the continuance of such emergency, and except that the hours of employment may be changed from one part of the day to another at stated periods, such change not to occur more than once in any two weeks, and the employment may be for more than eight hours during the day in which such change is made. Any person violating any provisions of this section, and any person, who, as foreman, manager, superintendent, director, or officer of a corporation, or as employer or superior officer of any person, com- mands, persuades, or allows any person to violate any provisions of this section shall be guilty of a misdemeanor, and be punished by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than three months nor more than six months. In a trial for violation of this section the jury, if a jury trial, shall decide whether the pun- ishment shall be a fine or imprisonment, or both fine and ) imprisonment. Each day's violation shall be a separate offense. (Laws 1912, ch. 28, SS2, 3, p. 59; l9l2 (S. S.), ch. 26, $1, p.86;P. C. 1913, $713;rev., R. C. 1928, $1356.) a

2L 56-118. Lavatories, Change Rooms, Bath, in Mines and Cer- tain Works; Penalty; Pornography. For the maintenance of public health, proper bath rooms, wash rooms, water closets and a heated change room immediately contiguous to the works, shall be provided by every person whether owner or operltor engaged in the treatment or reduction of ores or metals, in cement works, in works using oils, cyanide, acids or quicksilver. Such water closets shall be screened and ventilated, with not less than one seat for each twenty-five persons, and one seat for each fraction thereof above ten, employed in such establishment. One shower bath shall be provided for every twenty-five men employed in such establishment with adequate wash room facilities. These rooms and places shall at all times be open to employees and shall be kept in a clean and sanitary condition. A heated wash and change room shall be maintained contiguous to every mine employing twenty-five or more men. Any person violating this section, and person placing any obscene picture, writing or marking in or about the premises herein mentioned, shall be guilty of a misdemeanor, and punished by a fine of not less than fifty dollars, nor more than three hundred dollars, or by imprisonment in the t county jail for not less than ten days nor more than sixtl- days, or by both such fine and imprisonment. (Laws 1919, ch. 165, $S1-4, p.300;cons. & rev., R. C. 1928, $1359.)

CHAPTER 43. EXPLOSIVES

{3-1801. Keeping or Transporting High Explosives. Every person who shall keep or store dynamite, gun cotton, nitro-glycerine, or giant powder, in greater quantities than twenty-five pounds at one time, or blasting or gun- porvder in greater quantities than fifty pounds at any one time, in or upon any building or premises within a distance of one-half mile of the exterior limits of any city or tolvn. except in vessels, railroad cars, or vehicles receiving ancl keeping the same in the course of and for the purpose of transportation alone, _or who shall teep or store, any per- cussion caps, gunpowder, or other blasting powder, at a less distance than two hundred feet of the building or premises where Hercules, dynamite, gun cotton, nitro-glycerine or giant powder is kept or stored, or who shall knolvingly sell ( or have in his possession any dynamite, nitroglycerine or other highly explosive material, or any fuse, or who shall transport the same from point to point in this state, with out having plainly marked, in large letters, in a conspicu- t ,9 ous place, on the box or package containing such explosive material, the name and explosive character thereof, and without having marked plainly upon the wrapper of each stick of dynamite or other explosive material, or package of fuse, the date of the manufacture thereof, is guilty of a misdemeanor. (P. C. 1901, $$352-354; 1913, $$394 - 396; cons. & rev., R. C. 1928, $4701.)

Regulations Regarding Storing of Powder. Any one storing blasting powder or other explosives in the state will be required to provide a magazine of bullet proof material. Construction must insure the greatest possible protection against the contents of the magazine being exploded by lightning. Construction should be of material to insure the greatest possible protection against fire. An underground. magazine is recommended when practical. If not practical to provide an underground magazine, then an open cut with roof covered with at least eighteen (18) inches of dirt or other earth material. Front and door to be constructed of rock or other bullet proof and non- inflammable material, To be erected at a safe distance from all roads or inhabited places.

56-319. Employment of Women; Seats; Violation, Penalty. Females shall not be employed or suffered to work in or about any mine, quarry or coal breaker, nor in any ca- pacity where such employment compels them to remain standing constantly. Every person employing any female in any place or establishment mentioned in the first section (56-301) of this article, shall provide suitable seats, chairs, or benches for the use of the females so employed, at least two seats to every three females, and so placed as to be accessible to said employees; and shall permit the use of such seats, chairs, or benches by them when they are not necessarily engaged in the active duties for which they are employed. Every employer violating this section shall be guilty of a misdemeanor and be punished by a fine of not less than ten nor more than fifty dollars. (Laws 1912, ch. 32, $$6, 20, 35, p. 77; R. S. 1913, $$3115, 3129, 3144; cons. & rev., R. c. t928, $1380.)

56-309. Employment Prohibited to Children Under Eighteen. No child under the age of eighteen years shall be em- nloyed or suffered to work in, about, or in connection with: Blast furnaces, smelters, or ore reduction works; in the outside erection and repair of electric wires; in the running or 23 management of elevators, lifts, or hoisting machines ; underground in a mine; in oiling hazardous and dangerous machinery in motion ; switch tending, gate tending, track repair- ing, as brakeman, fireman, engineer, motorman, or conductor upon an)' railroad ; in or about establishments u'here nitro- glycerine, dynamite, dualin, guncotton, gunpowder or other high or dangerous explosives are manufacturecl, compounde(l or stored, nor in any other employment declared by the state board of health to be dangerous to the lives or limbs or injurious to the health or morals of children under the age of eighteen. (Lau,s 1912. ch. 32, $18, p. 77; 1912, ch. :13, $27, p. 87 ; R. S. 1913, $$3127, 4079: cons. & rev., R. c. 1928, $1370.)

What May Be Applied As Annual Work. Annual work may be underground or on the surfacc. It may be done off the claim if clearly of benefit or value to it. An example would be a c''oss-cut driven for the evident purpose of intersecting a vein at depth. And this is allowable even where the portal of the cross-cut is not lvithin the claim itself (or group.) Work done for the purpose of developing mineral is "improvements" within the spirit of the statute. Holvever, some courts have held that mere prospecting, or taking samples, or even cleaning a shaft or drift solely for sampling purposes cannot be credited as annual rvork.

Allowable Expenditures include :

Buildings, if upon thc claim and actually usecl for mining purposes. Exl enses of a ll,'atchman, provided his services are necessary for the preservation of property. Nlachinery, tools, etc., essential to the rlevelop- ment of the claim. Timber used for mine purposes. Roadways, if for the benefit of the 1rropert1,. Construction of flumes, etc., for placer mining. Reasonable compensation for use of horses used in development work. Surface cuts and trenches, if measurable, anrl not merely, sample trenches. Diamond clrill and churn-drilling. 24 Questionable Expenditures inciude : . Buildings off of the claim and not used for min- lng purposes. Pumping water out of mine solely for purposes of examination and sampling (this is a California case. ) Repairs on a stamp mill and, by inference, any ore-treatment plant. Materials taken to the claim but not used for mining purposes. Negotiations, traveling, contracts, preparation for work, etc. The annual expenditure may be made by the location his heirs, assigns, legal representative, or by someone in privity therewith, or by one who has an equitable interest. A stockholder, or a receiver appointed by the court, are within the rule. Labor done by a trespasser, or a stranger to the title, will not inure to the benefit of the claimant. Annual work done in any one year will not answer for another year. Each year's work must be fully done for that year. However, a claim owner who completes his work on June 30 for the assessment year ending that date could continue work on July 1 and thereafter until his full work had been done for the next year. This might result in some saving, such as fixing camp, moving, etc. Annual expenditure is not required upon a mill site nor upon a tunnel location.

Recording Annual Assessment Work The Federal law makes no requirement as to recording, either or the location notice or of the performance of the annual work. In Arizona the recording of an annual labor affidavit is not cumpulsory. The statute (Sec. 65-108 Ariz. Code) provides that the o\4fner, or someone for him knowing the facts. ". mau make and record nzi. affidavit ." (Emphasis supplied) Neither the failure to make or record such an affidavit will forfeit the claim. But such a record is prima facie evidence of the facts therein stated. Among other advantages ) of this record is that of a continuous chain of title on the county record, and the fact that its filing may (and often does) prevent attempted relocation. A relocator or other person may attack the verity of the recorded affidavit of Iabor and show its falsity. 25 CHAPTER 25.

(House Bill No. 26 ) AN ACT RELATING TO THE VENTILATION OF MINES AND THE PREVENTION OF HAZARDOUS DUST AND GAS CONDITIONS THEREIN; REPEALING SEC- TION 65-218, ARIZONA CODE, 1939, AND DECLAR- ING AN EMERGENCY. Be it Enacted by the Legislature of the State of Arizona: Section 1. DEFINITION OF TERMS. As used herein "a hazardous dust condition" shall be deemed to exist where the breathing zone of an employee while engaged in the performance of his work contains in excess of ten million particles of air borne dust, between one micron and five microns in largest dimension, per cubic foot of air; provided, that if the free silica or asbestos content of such air borne dust does not exceed ten percent, a dust hazard shall not be deemed to exist unless such particles exceed one hundred million per cubic foot of air. Dust counts shall be de- termined in accordance with the United States Public Health service technique, as described in Report No. 1528, from the Public Health Reports, Vol. 47, No. 12, March 18, 1,932, entitled "The Impinger Dust Sampling Apparatus", of the equivalent of such technique. F or the purpose of determin- ing the existence of a hazardous dust condition the impring- er shall be operated continuously for a period of not less than thirty minutes or for three periods of not less than ten minutes each during the course of an hour. "Dust prevention practices" shall include ventilation, suction or ex- haust methods of removing dust, wet methods for settling dust, and the use of respirators when the condition or ex- posure is temporary or intermittent, and such other means of removing or settling dust from mine air as shall be approved bv the state mine dust engineer. "Respirators" shall mean only those respirators approved by the United States Bureau of Mines or which mav be approved hereafter by the United States Bureau of Mines and by the State Mine dust engineer. "Mine operator" shall mean the person association, or corporation in immediate possession of a mine as owner, operator or lessee thereof, and as such responsible for the management and condition thereof. "Mine" shall mean shafts, tunnels, entries, winzes, raises, stopes, and other underground working places. 26 Sec. 2. Sec. 65-232, Arizona Code of 1939, amended to read: STATE MINII DUST ENGINEER. In addition to the deputies provided for in section 65-292, the state mine inspector shall appoint a deputy to be known as the state mine dust engineer, who shall be a mining engineer, Etz. duated from an accredited school of mining or geology, and who has had not less than three years actual experience in I mining, of which not Iess than one year shall have been in mine ventilation and dust control work, and who is exper- ienced in the making of mine dust surveys. Beginning July 1, 1949, the state mine dust engineer shall receive a salary of four thousand two hundred dollars per annum and necessary travel expenses as provided for state officials. Sec. 3. INSPECTION OF MINES. It shall be rhe duty of the state mine dust engineer to inspect each mine in the state as frequently as necessary to determine whether any hazardous dust condition exists therein, and to inspect promptly upon request of the state mine inspector any mine in which the state mine inspector or an! deputy state mine inspector has reason to believe a hazardous dust condition exists or with respect to which complaint of a h.az- ardous dust condition has been made as provided in Section 65-207, Arizona Code, 1939. He shall make recommendations to mine operators as to methods of reducing dust ancl whenever he finds a hazardous dust condition he shall no- a tify the mine operator thereof in writing and specify a reasonable time within which it must be remedied, and the mine operator shall install within said time, and thereafter maintain and operate, such dust prevention practices as will remedy the hazardous dust condition. If such dust prevention practices are not installed within the time specified in said notice or are not thereafter maintained, the state mine dust engineer shall forthwith order the cessation of operations, except necessary maintenance and repair work, in all parts of the mine in which hazardous dust condition exist or are produced by such operations, until the hazardous dust condition has been remedied. Written notice of such order shall be given the mine operator and any mine operator who shall thereafter fail to obey said order shall be guilty of a misdemeanor. Sec.4. COOPERATION OF DEPUTY STATE MINE INSPECTORS. It shall be the duty of each deputy state mine inspector to cooperate with the state mine dust engineer in the prevention and elimination of hazardous dust conditions, and to immediately notify the state mine dust engineer of any hazardous dust condition which he mav have reason to believe exists within his district. Each such deputy state mine inspector shall be furnished by the 27 state mine dust engineer n'ith a copy of the notice of the existence of any hazardous dust condition in any mine within his district, and a copy of any order for cessation of operations within such mine, and it shall be the duty of such deputy state mine inspector to ascertain and report to the state mine dust engineer any failure on the part of a mine operator to install maintain and operate dust control practices to remedy any hazardous dust condition of which such mine operator has been notified or any violation of an order of the state mine dust engineer given or made pursuant to Section 3 of this act. Sec. 5 VENTILATION. The operator of every mine shall cause fresh air to be circulated through and into the shafts, r.vinzes, levels and other working places of such mine in which employees are present in sufllcient quantity to provide adequate oxygen for working and passing therein and to keep the same free from harmful quantities of gases. In dr1' places- u,hen the operation of a pou'er clrill u'ill pro- duce dust, all power drills used therein shall be equipped with a spraying clevice for the purpose of settling dust created. Waste timber in underground workings shall not be piled up and permitted to decay', but shall be removed as soon as practicable. Any person vioiating this section shall be guilty of a misdemeanor. Sec. 6. Section 65-218. Arizona Code of 1939 is here- b1' repealed. f Sec. 7. APPROPRIATION. There is hereby appro- priated to the state mine inspector the sum of $10,000 for the purpose of defraying the salary, travel expenses and other expenses of the state mine dust engineer for the fis- cal years beginning July 1, 1943, and ending June 80, 1945. and the additional sum of $2,500 for the purchase of equipment to be required by the state mine dust engineer in the performance of his duties under this act. Sec. 8. EMERGENCY. To preserve public peace, health and safety, it is necessary that this Act shall become immediately operative. It is, therefore, declared to be an emergency measure and shall take effect upon its passage in the manner provided by lau'.

Approved by the Governor, March 6, 1943.

Filed in the Office of the Secretary of State March 6, 1943

28 MINE SAFETY RULES Sections 65-201 to 65-230, inclusive, of the Mining Code of Arizona, Arizona Code Annotated 1939, give the Mine Inspector power to enforce safety orders, rules and regulations, to prescribe safety devices, fix safety stand- ards, and to order the reporting of injuries. These rules shall apply to all mines operated in the State of Arizona; provided, that in cases where, in the opinion of the Mine Inspector, the enforcement of any rule would not materially increase the safety of employees, and would work undue hardship on the operator, exemptions may be made at the discretion of the Mine Inspector, provided, further, that the rules shall not apply to gold dredges, hydraulic mining operations, or surface placer mining, except where the rules specifically provide for the inclusion of these classes of mining in their provisions. GENERAL SAFETY PRECAUTIONS The operator and superintendent of every mine shall use every reasonable precaution to insure the safety of the workmen in the mine in all cases. The mine foreman shall see that all dangerous places are properly fenced off and proper danger-signals are so hung on such fencings that they may be plainly seen. No man shall be employed at a working face, where, in the opinion of the Mine Inspector, his cries in case of need cannot be reasonably expected to be heard. AII defects in or damage or injury to machinery or timbering, or to apparatus and equipment generally in and about a mine, all unsafe or dangerous conditions in any part of a mine, and all accidents occurring in the course of mine operations, other than those of a purely minor character, even though not resulting in personal injury, shall be promptly reported to the mine foreman or superintendent by the person observing the same. Strangers or visitors shall not be allowed underground in any mine without a proper permit from the office, unless accompanied by the operator or an official, or an employee deputized by such operator or official to accomp- any them. Only a bar blunt on one end shall be used for loading at chutes. All spikes or nails with points projecting shall be bent down or removed from lumber lying in working places or passage ways. 29 MINE SAFETY RU LES Solitary employment in shaft retimbering is forbidden. Oilers and inspectors only shall be allowed to ride on aerial tramways. A boss or some responsible underground employee shall be on duty whenever men are working in a mine. At all mines where a serious fire hazard exists employees shall be instructed as to their duties in case of a mine fire. The superintendent and foreman shall see to it that all underground employees are familiar with the mine exits. It is recommended that stenches be introduced into the compressed air line to warn underground men in case of a fire or "cave-ins." (Ethyl Mercaptan recommended as a stench.) Also that underground men be notified that such a warning will be given in case of a disaster. UNDERGROUND 1. When working above or below other men, you must always let the others know about it. 2. It is forbidden to get off or on cage, skip or bucket while same is in motion. 3. You must place drill steel or other material far enough from the collar of any shaft, manway, raise or winze to prevent danger of material falling down open- lng. 4. Miners must not deepen holes, or parts of holes, left standing or abandoned which have previously been charged with explosives. 5. You must bar down all loose pieces of rock or ore before you start mucking or drilling in a u,orking place. Test the ground several times during the shift. Always stand to one side when pulling or picking dou,11 loose rock. 6. Examine closely any boulders or slab which you in- tend to drill or to strike or break with hammer or pick. It may contain a drill hole filled with dynamite. 7. You must not remove any flooring, lagging or timber of any kind whatsoever, which would make a dangerous opening, without instructions from the boss. 8. No person shall without authority handle electric wires or conductors, or electrical apparatus of any kind, or enter an electrical machine room or underground station. 9. Caps and powder must immediately be put in a safe place and not left lying about the mine. 30 MINE SAFETY RULES 10. Smoking when loading holes is strictly forbidden. Lighted candles and lamps must be left outside of powder magazines, and matches must not be lighted within the magazine. 11. In tamping powder, use only wooden loading sticks. Tamp by pressure. 12. Do not try to extract explosives from a "missed hole." When in doubt ask the boss. 13. Before blasting give warning in every direction. 14. Report all "missed holes" as directed by the boss. In case of a "missed hole" do not return to your working place until thirty minutes after blasting. 15. All accidents and injuries, however slight, must be reported to the foreman, or the superintendent's office upon or before going off shift. 16. If any employee drops any material or tools down the shaft, he shall immediately report the same, so the shaft may be inspected before continuing the regular work. 17. If anything occurs, where you are working, that you do not understand, such as a movement of a large block of ground you must stop work and immediately tell the foreman or shift boss about it. 18. Only men familiar with the mine shaft shall be allowed to ride on the bail of the skip. REMEMBER THAT MOST ACCIDENTS ARE CAUS- ED BY NEGLECT OF THE LITTLE THINGS, BY DIS- OBEYING RULES AND ORDERS, OR BY CARELESS- NESS.

SURFACE Open Cuts and "Glory Holes": Miners employed in open cuts and "glory holes" shall see that all loose ground on the slope and the breast above is properly picked down, and that conditions in general are safe for the men employed there. All open cuts and "glory holes" shall have a suitable guard rope or chain around their borders and "Danger" signs to keep out shall be placed in prominent places. Motor Trains: No employee other than the motormen and switchmen shall be allowed to ride on a motor or motor train. 31 MINE SAFETY RULES Change House: The change house shall be kept clean and sanitary FIRST AID Stt'etchers And First Aid Remedies: Stretchers with r.l'oolen and water-proof blankets shall be kept in some suitable place near the collar of each of the main shafts, or on the stations, for use in carrying any person u'ho may be injured at the mine. A supply of first aid remedies shall be kept readily accessible for the treatment of any one injurecl. First Aid CorBs: A first aid corps shall be organizecl, consisting of thc foreman, shift bosses, timekeepers and other employees designated by the Mine Superintendent. The Company's chief surgeon, or one of his assistants, shall instruct the members of each first aid corps at least once a month in the proper handling and treatment of injureci persons before they are sent to the hospital. Fire Fighting Helmets: Fire fighting helmets shall be kept in condition to be used in case of an emergency, and a crevy shall be trainerl and shall have monthl.'" practicc. in the use of same. Pulmotor A pulmotor shall be kept in condition to be used in case of emergency, and various men appointecl by the mine superintendent shall be regularly trained in its use. EXPLOSIVES Handling Explosives: Powder nippers shall be very careful in the handling of explosives, both underground and on the surface. Before using the railroad or motor tracks they shall make sure that they have the right of way. They shali also use extra care in handling the powder on the cages and in all other places. Employees shall be careful in the opening of boxes of polr'- der. All powder used in stopes, raises and other places where it is necessary to hoist or lower it with a rope, shall be carried in sacks provided for that purpose. A box ma1 slip out of a rope and its use is, therefore, forbidden. .r-D.) MINE SAFETY RULES Explosives: The term "explosive" or "explosives" shall be held to mean and to include any chemical compound or any mechanical mixture that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by percus- sion, or by detonator, of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of pro- ducing destructive effects on continuous objects or of de- stroying life and limb. Powder Magazine All blasting powder used shall be properly marked with the date of manufacture on each stick, and no powder shall be used after twelve months from the date of manufacture. All explosives shall be stored in a magazine provided for that purpose alone ; said magazine shall be electrically lighted, if possible, and shall be placed far enough from the working shaft, tunnel, or incline, to insure the same remaining intact in the event the entire stock of explosive in said magazine be exploded. No powder or other explosive shall be stored in underground workings where men are employed. All explosives in excess of the amount required for twenty-four hours' work must be kept in said magazine, and such temporary supply shall not be kept at any place within the mine where its accidental discharge would cut off the escape of the miners working therein. Magazines shall at all times be kept clean and dry and free from grit. Before any alterations are made to any part thereof, all explosives shall be carefuly removed and the magazine thoroughly washed out. All tools and instruments used in making repairs shall be of wood, copper, brass or other soft metal or material. In no case shall nails or screws be driven into a magazine or into material that has once formed a part of a magazine, and all wooden parts cliscarded shall be burned in a safe place immediately. No detonator shall be stored within fifty feet of other explosives underground. No detonator shall be taken into any magazine containing other explosives. Detonators shall not be removed from original containers except as they are used for capping fuses. When supplies of explosives or fuse are removed from a magazine, those that have been longest in the magazine shall be taken first. Packages of explosives shall be removed to a safe distance from the magazine before being opened, oo MINE SAFETY RULES and no such package shall be opened with any metallic instrument except a copper or bronze instrument. Explosives shall not be placed or left within five feet of live electric wires. Smoking in the magazine and while carrying powder is forbidden. The carrying of lighted candles or lamps in the magazine is also forbidden. Oils or other combustible substances or blasting caps shall not be kept or stored in the same magazine with explosives. They should be at least fifty (50) feet from powder magazines. Storing of Explosives: Anyone storing blasting powder or other explosives in the state will be required to provide a magazine of bullet proof material. Construction must insure the greatest possible protection against the contents of the magazine being exploded by lightning. Construction should be of material to insure the greatest possible protection against fire. An underground magazine is recommended when practical. If not practical to provide an underground magazine, then an open cut with roof covered with at least eighteen (18) inches of dirt or other earth material. To be erected at a safe distance from all roads or inhabited places. The doors of magazines shall be fireproof and bullet proof, and at all times kept closed and locked, except when necessarily opened for the purpose of storing or removing explosives therein or therefrom, by persons lawfully entitled to enter the same. Every magazine shall have sufficient openings for ventilation thereof ; which must be screened in such manner as to prevent the entrance of sparks or fire through the same. Upon each side of such magazine there shall at all times be kept conspicuously posted a sign, with the words, "Magazine," "Explosives," "Dangerous," legibly printed thereon in letters not less than six inches high. No blasting: caps or other detonating or fulminating caps, or detonators, or electric fuses, shall be kept or stored in any magazine in which explosives are kept or stored, but such caps, detonators, or fu,ses may b_e- \ept_ gr- stored in a magazine constructed as above provided which must be located at least fifty feet from any magazine in which explosives are kept or stored must be detached, and must be located at least one hundred feet from any other structure. Nothing in this section contained shall be held to pro- hibit the keeping or storing of explosives in any tunnel, where no persons are employed; provided, always, that any 34 MINE SAFETY RULES tunnel so used for the storage of explosives shall have fireproof doors, which must at all times be kept closed and locked, except when necessarily opened for the purpose of storltrg or removing explosives therein or therefrom, by persons lawfully entitled to enter the same. The door of such tunnel magazine at all times must have legibly printed thereon the words, "Magazine," "Explosives," "Dangerous."

Transporting Explosives : Every person who shall keep or store dynamite, gun cotton, nitroglycerine, or giant powder, in greater quantities than twenty-five pounds at one time, or blasting or gunpowder in greater quantities than fifty pounds at any one time, in or upon any building or premises within a distance of one-half mile of the exterior limits of any city or town, except in vessels, railroad cars, or vehicles receiving and keeping the same in the course of and for the purpose of transportation alone, or who shall leep or store, any per- cussion caps, gunpowder, or other blasting powder at a less distance than two hundred feet of the building or premises where Hercules, dynamite, gun cotton, nitroglycerine or giant powder is kept or stored, or who shall knowingly sell or have in his possession any dynamite, nitro-glycerine or other highly explosive material, or any fuse, or who shall transport the same from point to point in this state, without having plainly marked, in large letters, in a conspicuous place, on the box or package containing such explosive material, the name and explosive character thereof, and without having marked plainly upon the wrapper of each stick of dynamite or other explosive material, or package of fuse, the date of manufacture, thereof, is guilty of a misdemeanor. Blasting: Cap crimpers shall be furnished and must be used. Crimping with the teeth is dangerous and is forbidden. Skewers shall be furnished for the use of all miners handling explosives and shall be used for making holes in the powder for the fuse. No candle sticks or other instruments shall be used for this purpose. All employees are forbidden to use anything other than u,ooden tamping sticks in the loading or charging of a hole with blasting powder or other high explosives. Tamping shall be done by pressure and not by strokes. Miners shall never be alone when blasting, but must keep at Ieast one man with them. They shall have a reserve light near a man-way or some other convenient place in case their ]ight go out after "spitting" the fuse. 35 MINE SAFETY RULES At any mine, no fuse shall be used that burns faster than one foot in thirty seconds or slower than one foot in fifty-five seconds. The use of oil or grease to waterproof joints between cap and fuse is forbidden. They injure the fuse. Use a compound which will not injure the fuse. In capping fuse, at least one inch shall be cut from the end of each coil of fuse to be used in blasting. This will prevent damp ends from getting into the cap. It is forbidden to use fuse that has been hammerecl or injured by falling rocks or from any other source. Such injury increases the rate of burning. All persons employcd in underground mines should be familiar with the rate of burning of the fuse used in such mine. Before firing charges warning must be given in every direction from which access may be had to the place where blasting is going on. Misfires: The number of reports shali be counted by the miners firing same, and misfire holes shall be reported to the timekeeper and posted on a blackboard made for that purpose. The shift bosses shall also notify their men working in places rvhere misfires have occurred. No employee shall be permitted to enter a place where a misfire has occurred until thirty minutes after the time when the fuse was lighted. No miner shall be permitted to extract or attempt to extract explosives from a bore hole that has once been charged, but shall, put in a new primer and blast again. Machines and all metal tools shall be removed from the immediate location of holes before explosives are de- livered. Electric exploders only shall be used in shaft sinkings, except when such use is not feasible. When boulders are being blasted by placing explosives on said boulders, and not in holes drilled for that purpose, employees shall see that the powder is well covered with clay, or some other suitable material, so that it cannot take fire. Where boulders, at the base or on the slope of a muck pile are so charged, the employees in charge of same shall not permit any person to disturb or knock down any loose rock from above, as it might cause an explosion. Two Openings to Surface: It shall be the duty of ever), operator of cvery mine, 36 MINE SAFETY RULES except as hereinafter provided, to maintain at least two outlets to the surface from each mine, or an underground communicating passageway between every such mine and some other neighboring mine, so that there shall be at all times at least two distinct and available means of access to the surface to all persons employed in such mine. Such out- iets shall not be less than thirty feet apart and shall not be covered by one building or by connecting buildings. No mine shall be worked to a greater depth below a level than which connects to both outlets from the mine. Provided, however, that the above requirements shall not apply in the case of (1) shafts or mines in process of being connected, to comply with the terms <-rf this section; (2) shafts, winzes, adit levels, tunnels, and drifts to prospect for and develop mineral substances, but not for the extraction of mineral substances, except such as may be extracted in the course of such prospecting and developing work; (3) any mine in which one of the shafts or outlets shall have temporarily become unavailable for the persons employed in the mine, and in which every effort is being made by the operator of the mine to open such temporarily unavailable outlet, and provided the same is not, in the opinion of the Mine Inspector, dangerous to the life and health of those employed therein; (4) mines having workings less than one hundred feet deep, but no mines opened primarily by an adit level, tunnel, or drift less than one thousand feet in length; and provided, further, that mines opened by an inclined shaft of less than twenty degrees angle from the horizontal shall be considered for the purpose of this section as equivalent to mines opened by adit levels, tunnels, or drifts. Openings Through Other Mines: When a communicating outlet shall have been established by agreement between contiguous mines or mines not contiguous, the operator of neither mine shall close the sam6, except temporarily in cases of extreme emergency, without the consent of both the other operator, or owner, and of the Mine Inspector. When operators of such mines have by agreement established underground communication between said mines as an escapement outlet for the men employed in both, it shall be the duty of each operator to see to it, within his respective mine, that the same is kept clear of every obstruction to travel, and that intervening doors, if any, shall be kept unlocked and ready at all times for immediate use. In the event of failure or refusal on the part of one 6A OI MINE SAFETY RU LES operator to keep such opening in safe condition, the other operator shall have access thereto for the purpose of re- pairing and maintaining the same; provided, however, that when such an outlet shall have been established, each operator, unless it shall have been otherwise provided by agreement, shall pay a fair proportionate share of keeping such opening in such condition that men working in such mines may have access to the surface thereby; provided, further, that in the event of either operator desiring to abatrclon mining operations, the expense and duty of maintaining such communication shall devolve upon the part1.' continuing operations and using the same; provided, further, that in case one of such mines shall cease or suspend operations and there is danger of the mine still in operation being flooded by reason of the existence of such communicating outlet, the operator of such mine shall have the right to close such outlet upon giving notice to the owner or operator of the adjoining mine and to the Mine Inspector. Every mine shall have at least two outlets to the surface, except as hereinbefore provided. Every person having in a mine a vertical or incline shaft to a greater depth than one hundred feet, and who has drifted a distance of two hundred feet or more, and commenced to stope, shall provide and maintain to the hoisting shaft or the opening through which men are let into or out of the mine and the ore is extracted, a separate escapement shaft, raise, or opening. The escap- ment shaft or exit, must be of sufficient size to afford an easy passageway, and if it be a raise, or shaft, must be provided with substantial ladders from the deepest workings to the surface. At every mine where a single shaft be allowed to afford the only means of ingress and egress to persons employed underground, such shaft if more than two hundred feet deep shall be divided into at least two compartments ; one of said compartments shall be set aside for use as a ladder- way and no hoisting conveyance shall be allowed therein. When such ladderway compartment shall be covered by a nonfireproof building it shall be the duty of the operator of said mine to cause said ladderway to be securely bulkheaded at a point at least twenty-five feet below the collar of the shaft; and below this bulkhead a passageway shall be driven to surface so as to have its outlet in no case less than thirty feet beyond the walls of the building covering the main shaft. The said passageway shall be equipped with a ladderway when necessary, as provided in subsequent rules, and shall be kept in good repair and shall afford an easy cxit in the event of fire. Every mine opened by adit level 38 MINE SAFETY RULES or tunnel or by inclined shaft or slope of less than twentl degrees angle from the horizontal, any of which is less than one thousand feet in length, and having but one outlet, shall have a similar side opening. HOISTING Requirements of Hoisting Engineers: Hoisting engineers shall be able to read and write thc English language, and shall not be addicted to the use of intoxicating liquors or drugs. They shall not be under eighteen (18) years of age, and shall have passed a satisfactory examination in the operating and knowledge of hoisting machinery, said examination to be given by a competent person named by the company. No other than the hoisting engineer on duty shall be permitted to run the hoist except some specified apprentice, and only by the consent of the Chief Engineer or Mine Superintendent. Said apprentice shall at all times be under the close attention and direction of the engineer in charge, and, until they become proficient in the knowledge and operation of the hoisting engine, they shall not be permitted to handle men on the cages. Iluties of Hoisting Engineer: The following rules shall be observed by every hoisting engineer employed within the State: 1. It shall be the duty of every hoisting engineer to keep a careful watch over his engine and over all machinery under his charge. 2. He shall at all times be in immediate charge of his engine, and shall not at any time delegate any of his duties to any other person, except to learners duly designated as provided in these rules; provided, however, that nothing herein contained shall be construed to prevent any hoisting engineer from delegating to or sharing his duties with any other duly appointed hoisting engineer, or turn- ing over the engine and machinery in his charge to any other such engineer at the end of his shift. 3. He shall familiarize himself with and use all signal codes for hoisting and lowering as directed to be used in the Mining Code of Arizona. 4. He shall not run his engine unless the same is properly provided with brakes, indicators, or distance marks on hoisting ropes or cables. 39 MINE SAFETY RULES 5. It shall be the duty of the hoisting engineer to ex- clude every person from his engine room, excepting an1' person or persons whose duties require their presence therein, and visitors authorized by the Superintendent of the mine. 6. He shall hold no conversation with anyone while his engine is in motion or while attending to signals. 7. He shall run his engine with extreme caution whenever men are being hoisted or lowered. 8. He shall not hoist men out of, or lovi,er men into, any mine or shaft, at a speed greater than fifteen hundred feet per minute ; provided, however, the state mine inspector or his deputies may designate a lesser speed than fifteen hundred feet per minute, in any shaft, if in his discretion this speed may be unsafe. 9. He shall inspect all hoisting machinery and safety appliances connected therein, when and as directed by the mine superintendent, and shall report to him any defects found therein. 10. After any stoppage of hoisting for repairs or for any other purpose, exceeding in duration twenty-four hours, he shall run a bucket, skip, cage, or other conveyance, on which no men shall ride, except for the purpose of inspection, up and down the working part of the shaft at least once, and shall not permit the bucket, skip, cage, or other conveyance to be used for hoisting or lowering men, until the hoisting machinery and shaft shall have been found to be in safe condition. 11. He shall not land the bucket, skip, cage, or other conveyance at the top of the shaft, but must hang the said conveyance at least ten feet above the collar of the shaft, or above any level before leaving his post. 12. He shall familiarize himself with and carry out the requirements of all orders pertaining to the discharge of his duties. 13. The superintendent shall post a copy of this order in a conspicuous place on the door of the engine room. 14. Whenever men are working in a place to which they have been lowered by mechanical power, an engineer or a substitute must remain within hearing of the telephone and signal gongs while the aforesaid men remain in their working places. 15. Hoisting engineers shall not permit the oilers to oil the engine while in motion and shall exercise ever]' care for the oiler's safety. 40 MINE SAFETY RULES Safeguards Against Overwinding: The sheave carrying the hoisting rope or cable shall be placed upon a headframe and shall be so constructed as to allow at least twenty-five feet above the hoisting landing stage, in which the bucket, cage, skip or other conveyance can travel freely in case of an overwind. AII hoisting machinery shall be inspecteC once in every twenty-four hours by a competent person appointed by the mine operator for that purpose, and every such inspector report in writing any and all defects found, and they shall be required before hoisting or lowering men. It shall be the duty of every hoisting engineer to look after his hoist carefully before proceeding with his shift's work, and, further, to keep careful watch over it while on duty. All irregularities or defects shall be promptly reported and repaired before proceeding with or continuing his work. Operation of Hoist: The hoisting engineer shall use special care when hoisting or lowering men, and at such times shall not run his hoist at a greater speed than in his discretion may be safe. He shall run his cage through the shaft before hoisting or lowering a shift or at any other time when the hoist has been down for half an hour or more. He shall run his engine very slowly when handling powder or other explosives in the shaft. He shall hold no conversation with anyone while his engine is in motion, or while attending to signals. No hoisting shall be done in any compartment of a shaft where repair work is being done except such hoisting as is necessary for said repair work. HOISTING ROPES Quality: . All cables used for hoisting purposes shall be of approved quality and manufacture. Inspection: All cables shall be daily inspected by some competent person appointed by the Mine Superintendent, and any defects shall be immediately reported and the ropes changed if necessary. Marking: Ropes shall be kept plainly marked for the benefit of the hoisting engineers. 47 MINE SAFETY RULES Indieators: All hoists shall be equipped with an improved indicator Stopes: In stopes timbered with square sets the working floor shall be closely and securely lagged over. Openings in the floors shall be protected by railings, or gratings. Whims: Whims in use at or in mines, shall be provided u'ith a suitable stopper or some other reliable device to prevent running back of the bucket or other conveyance. Crossheads: All vertical shafts more than two hundred feet deep, from which hoisting is done by means of a bucket, shall be provided with suitable guides, and in connection with the bucket shall be a crosshead traveling upon those guides, provided men are hoisted through, or work in such shafts regularly. The height of the crosshead shall be at least one and one-half times its width. Ventilation: Employees shall not enter a drift, stope, or other working where powder smoke, gas or bad air is such as would be injurious. They shall use great care in keeping all underground ventilating doors closed. The operator of every mine, whether operated through shaft, slope, tunnel, adit level, or drift, shall provide and maintain for every such mine a good and sufficient amount of ventilation for such men and animals as may be employed therein, and shall cause an adequate quantity of pure air to circulate through and into the shafts, winzes, levels, and all the working places of such mine. No operator or person in charge of any underground mine shall cause to be drilled or bored by machinery, hole or holes in any working place in ground that causes^ dust from drilling unless said machinery is equipped with a water jet or spray or other means equally efficient are used to prevent the inhalation of dust; provided, that when water jets or sprays are used, water free from pollution with organic or other noxious matter, shall be furnished. Every mine operator shall equip all chutes from which dusty ore or rock is taken, with a sprinkler or other device rvith which to effectively dampen said ore or rock, to prevent the escape of dust into the air during removal; provided, that this equipment need not be installed if the load- ers at said chutes are compelled to wear respirators. 42 MINE SAFETY RULES Whenever a sprinkling device is installed at any chute for the purpose of preventing the escape of dust, it shall be placed so that it can be operated by the workmen loading cars from such chute. Lighting: Stationary lights shall be provided during the working hours at all shaft stations during the time the same are in actual use, and also at all stations on the levels where hoisting or hauling is affected by means of machinery; also at night at all places on surface where work is being conducted. If carbide is stored underground it shall be kept in metal containers, so placed that there will be no danger of the stored carbide coming in contact with water. Use of Cages: Employees shall not crowd or rush while getting on or off the cages. When using the cage , all signals shall be given while standing on the cage and not upon the station. To release the cage the signal shall be given while standing upon the station and not upon the cage. If an employee drops any material or tools down the shaft, he shall immediately report the same to the hoisting engineer, who will have the shaft inspected before continuing with the regular work. SHAFTS Inspection: All compartments of shafts used for the hoisting and lowering of men and ore shall be inspected at the beginning of each shift to see if there are any broken guides or other defects. Any defects, if found. shall be reported and repaired before further use of said compartments. Men Working in Shafts: Men working in the shafts shall have a suitable covering to protect themselves from materials falling down the shafts. They shall instruct all hoisting engineers on duty during the time they are empoyed in the shaft relative to the place and nature of their work, so that the cage will not be let down on them. They shall have their working platforms of sufficient size and strength to safely carry on their work. Bulkheads: In shafts, winzes, or raises, where two or more crews of men are working, one crew above another, there shall 43 MINE SAFETY RULES

be a bulkhead between each trvo crews of men strong enough to stop any tools or other material that may fall from the men working above, and only the cage, skip, or bucket compartment is to be left open. All shafts or winzes shall have a bulkheacl over the men working in the bottom of the shaft or winze; said bulkheacl shall be built of timber not less than six inches in thickness, and shall be not more than fifty feet above the bottom of the said shaft or winze, and shall provide ample protection for the men working on the bottom. It shall be so constructed as not to shut off the air circulation; the cage, skip, or bucket compartment only is to be left open. All shafts or winzes shall be cleaned clown below the bulkhead after each blasting. Sinking Hoist: No open hook shall be usecl with a bucket in hoisting but only some approved form of safety hook or shackle hook. In no case shall a cage, skip, or bucket be lowered down to the bottom of a shaft when men are working there, but must be stopped at least fifteen (15) feet above the bottom until the signal to lower further has been given by one of the men at the bottom of the shaft. (This rule shall not apply to shafts less than fifty (50) feet in depth.) [,adder-Ways: Every winze, raise, or incline through u'hich men are obliged to travel, shall be provided with a ladder-way. Suitable ladders or foot-ways shall be provided to connect floors in stopes and other places requiring communication in the mine. Ladder-ways shall be provided in all shafts in the course of sinking to within such distance from the bottom as will secure them from damage by blasting, and from the end of such ladder-ways portable ladder-ways shall be extended to the bottom of the shaft. Broken or defective ladders shall be reported and repaired immediately. Ladders shall not be removed from their usual place without orders from the shift boss. Except in the case of swinging or extension ladders used for shaft-sinking. all ladders and ladder-ways shall be built as follows: The distance between the centers of the rungs of u ladcler shall not exceed fonrteen inches and shall not var.y- more than one inch in any one ladder-way. The length of the ladder rungs (rvidth of ladder) shall not be less than twelve inches. 44 MINE SAFETY RULES The rungs of a ladder in no case shall be less than three inches from the wall or other obstruction in the shaft or opening in which the ladder shall be used. Every main ladder-way with an inclination of more than seventy degrees from the horizontal, the distance between the top and bottom of which is more than fifty feet, shall have substantial platform at intervals of not more than thirty feet, measured vertically. Where the inclination of any ladder or section of a ladder, in main ladderways, exceeds eighty degrees from the horizontal, the sections of the ladders shall be staggered at each platform so that no section shall be directly in line with the section above or below it. The opening in any such platform shall be approxi- mately twenty-one by twenty-four inches. Ladders shall project at least three feet above the collar of the shaft, unless convenient and secure hand holds are fixed at such places. In ladder-ways, other than main ladder-ways. not exceeding one hundred feet in depth or height, ladders may be fixed vertically. No vertical ladders shall be used with a greater height or depth than one hundred feet. Under no circumstances shall any ladders inclining backward from the vertical be installed. Ladder-ways shall be provided in any shafts deeper than sixty degrees from the horizontal in the course of sinking, to within such a distance from the bottom thereof as will secrlre them from damage from blasting. From the end of such ladderways, chain, wire, rope or wooden extension ladders, or chains to reach to the bottom of the shaft shall be provided. Guard Rails and Chains: The top of every shaft shall be protected by a substantial guard rail or chain. At all shaft stations a gate or guard rail shall be provided and kept in place across the shaft except when the cage is being used. All chutes, man- ways, winzes, raises or other openings shall be covered by a substantial hatch, planking or grizzly, or provided with guard rails or chains. and shall be kept in such a condition that men cannot walk or fall into them. Winzes and Raises: Winzes and raises shall not be started in the direct line of a drift but shall be offset from the drift. Every winze, or raise, not openinq from below directly on any drifts or tunnels traveled by men shall be covered bv a 45 MINE SAFETY RULES grizzly or by doors. The oltening of such offset shall be protected by a fence or guarcl rail not less"l'inzes than three feet nor more than four feet in height above the level of the drift. Men Working Above Other Men: Men, who are working above other men, shali notify the men below and be careful not to drop any material without giving warning. When working above or below other merr, let the others know about it. Exits from Mine: Men shall learn the various exits and raises or winzes connecting the level on which they are employed with other levels. Signboards must be placed directing men to outlets. CAGES Requirements: All cages used for the hoisting or lowering of men shall be equipped with iron bonnets, with gates at least five feet in height with over-head bars of such arrangement as to give every man on the cage an easy and secure handhold. They shall also be equipped with safety catches of sufficient strength to hold the cage at its maximum load at any point in the shaft in the event that the hoisting cable shall break. Emergency chains shall be used from the cable to the cage in case of a breakage in the king bolt or clevice pin; and also between the upper and lower decks in casc of ir breakage of the connecting pins for these decks. All cages should be constructed as follows, or in a manner equally safe: The bonnet shall be of two steel plates three-sixteenth of an inch in thickness, sloping toward each side, and so arranged that they may be readily pushed for- ward to afford egress to persons therein, and such bonnet shall cover the top of the cage or skip in such a manner as to protect persons on it from objects falling in the shaft. The cage or skip shall be provided with sheet iron or steel side castings not less than one sixteenth of an inch thick, or with a netting composed of wire not less than one-sixteenth of an inch in diameter, (The maximum size of openings of wire netting in any direction shall not be greater than two inches) and not less than five feet in height. and with gates of not less than four and one-half feet in height, and made of such materials as specified for the side casing, either hung on hinges or working in slides. Every man cage shall have over-head bars of such arransement as to give every man thereon an easy and secure handhold. Ever.y 46 MINE SAFETY RULES cage or skip used in such shafts shall be provided with safety catches of sufficient strength to hold the cage or skip with its maximum load at any point in the shaft in the event that the hoisting cable should break. It is expressly forbidden to place boards across the tops of skips and permit men to stand on the edges of the tops of such skips for the purpose of being hoisted or lowerecl. The superintendent shall designate the number of men who may safely ride on the bail of a skip in inclined shafts and this number shall not be exceeded. The cage men shall. when men are being hoisted and lowered, see that the gates of the cage are closed before giving the signal to move the cage and shall be responsible for their closing. No person shall be permitted to ride upon or below any cage, car, skip, or bucket that is loaded with powder, except for the purpose of unloading such powder. The cage men and top men shall keep a careful watch over the cages during their shift's work and immediately report all defects and have them repaired before continuing their work. Use of Cages: No person shall ride upon a cage loaded with tools, timber, powder other material except for the purpose of as- sisting in passing these through the shaft. No person shall ride on a cage loaded with rock or ore. When hoisting or lowering tools, timber or other material in the shaft, the ends, if projecting above the top of the cage or bucket, shall be securely lashed to the cable or to the upper part of the cage; and tools, timbers or other material loaded erectly upon a cage shall be securely lashed bcfore being hoisted or lowered. ELECTRICAL EQUIPMENT Handling Electrical Apparatus: Electricians and assistant electricians shall have charge of all electrical lines and apparatus. They shall instruct the various fanmen, switchmen, motormen and watchmen in the operation and care of their machinery and caution them with reference to danger. All other employees are forbidden to work on or handlc electric wires or machinery. 47 MINE SAFETY RULES Electricians or assistant electricians shall not work on any electric wires or apparatus until they are certain that the power has been cut off. They shall not handle electric wires while standing or sitting in a rvet place without cxtra precautior.t to obtain in- sulation from the ground. Motor Trains: No employee other than the motormen and switchmen shall be allowed to ride on a motor or motor train. Motor- men shall ring their bell and slow up when coming to curves, switches and doors. They shall have a light on each end of their motor at all times. They shall report any defects in their equipment to the electrician or to the foreman, and have same repaired. Stationary Lights: Stationary lights shall bc provicled at all stations in the working shafts, and at night at all working places on the surface. Condition of Ground and Timbering: The general condition of the timbering in the mine shall be safe. The miner's first duty shall be to pick down the roof and walls, and not permit the shovelers or other employees to work under a place until it has been tested and madc safe for them. In stopes worked by the square set method, the working floors shall be securely lagged over, and the lagging shall be long enough to reach half way across the caps or girts. Every employee whose duty requires him to work with any appliance must report any defects if found, to his foreman. Employees who find anything in an unsafe condition lvill report to their foreman. Every shaft, incline, slope, adit, tunnel, Ievel, cross- cut, or drift, and every u'orking place in the mine shall be, when necessary, kept securely timbered or protected to prevent injury to any person from falling material. The operator shall see that the miners in the mine are supplied, at all times, with such timbers as are necessary to keep their working places in a safe condition. The term "timbers" shall be held to include and mean all wood to be used bv the miner. If for any cause necessary timbers cannot be supplied to any miner when required, it shall be the duty of the mine 48 MINE SAFETY RULES foreman to instruct the miner or miners to vacate all such working places until supplied with the timbers needed. FLOODING Protection Against Water: No raise shall be allowed to approach within ten feet of any part of a winze, stope, or other opening in which there is a dangerous accummulation of water. When advancing a drift, adit level. or incline toward a mine working that is suspected to be filled with water, a bore hole shall be kept at least tr,l,enty feet in advance of the breast of the drive when in the vicinity of such mine working, and also, if necessary, in directions laterally from the course of the drive. Such a working place shall not exceed six feet in width, and such additional precautionary measures shall be taken as may be deemed necessary to obviate the danger of a sudden breaking through of water. In every mine, where, in the opinion of the Mine inspector, there is danger of a sudden inrush of water, such additional raises, drifts, or other workings shall be constructed as are necessary, in the opinion of the Mine In- spector, to insure the escape of workmen from the lower rvorkings. Signals: Hoisting enginecrs shall familiarize themselves with the State Code of Mine Bcll Signals, and shall insist upon said signals being carefully observed. When a signal has been received, the engineer shall not move the cage until he is certain that the signal has been completed. He shall immediately report any defect in his bell line or electric signals, and have them kept in good working order. Oilers: Hoisting engineers shall not permit the oilers to oil the engine u,hile in motion, and shall r:xercise every care for their safety. They shall see their sheave wheels are daily inspected and properly oiled. Visitors: Hoisting engineers shall not . -permit anyone in their engine rooms except those whose duties require their presence, and visitors who have been given permission. 49 MINE SAFETY RULES INFLAMMABLE MATERIAL oil: Oil, either lubricating or illuminating, shall not be taken into the underground workings of any mine or kept there in quantities greater than necessary, except when transportation and storage are arrangecl for in a manner satisfactory to the mine inspector. The use of gasoline underground is forbidden except in small amounts such as is required for blow torches. The use of fuel burning engines or locomotives underground is forbidden. All oily waste and waste of any kind used in and about underground machinery shall be deposited in metal recep- tacles. Sanitation: Refuse from lunch buckets and carbide lamDs shall not be thrown in the mine, as it has a bad odor and is unhealth- ful. Waste timber from underground workings shall not be piled up and permitted to decay, but shall be removed as soon as possible. Dry closets, provided upon the different levels, shall be kept in sanitary condition and be used by the men. Intoxicants: No intoxicated person shall be allowed to enter a mine. No intoxicated person shall be allowed to remain in a mine. No intoxicating liquors shall be taken into a mine.

50 INDEX

Abandoned Drill Holes, rleepening forbidden Accidents to be Reported to Inspectol', Inspector, Investigation... -.,.,. Accumulation of Water, precaution against Advertising Delinquent Co-owner', effect as evidence Affidavit for Group Affidavit of Perfonnance of Arlnual Work, prima facie evidence .-. . Air Circulation Annual Report to Governor, bv Inspector Arrnual \['ork ...... Application of Rules

B Balling Down ...... 30 Bars must be blunt on one end 29 Blankets, required for First Aid Blasting ,...... 35,36 Crimpers ... 3J-r,36 Tamping Sticks ...... 35 ,36 Men must not be alone when blasting ... .35 ':16 ,i) ,:16 36 Def ,36 Fuse_,-rate.of bur-ning ... .36 Warning before Firing 36 Misfires .36 Bore Holes, Extraction, Explosives --."...... 36 Blasting Boulders 36 Bonnets on Cages ...... Bore Holes, Approaching Workings irii iv"i". Bulkheads "r

Cables ...... 4t,42 Cager, duties of ...... 46,47 Cages, construction .._...... 46,47 Hoisting Men, general ..._..46,47 Tender must close Gates ...... 46,47 Use of ...... 43,47 Requirements . .. ..46,41 ,35,36 35,36 Carbide ...... 43 Code, signal ... ,.18,19 Circulation of Air . .42

Construction, Ladders, Ladclenvays Magazines Man Cages or Ski I)S...... -. Conveyance, Hoisting Timber Copy of Law to be kept Posted , .,19,20 Crosshead for Bucket ...... 42 D Puge .17 ;;i

Dust Law .26,2 Duties, Deputies Duties, Mine Inspector Dynamite, see Explosives

Electrical Equipment .- ,4 Handling 4 8 Motor Train ...-.....,. 4 Stationary Lights . 4 8 Escapements, see Exits 37,38 Escapem ents Shafts 1l Electric Plants, declared Hazardous ,20,27 Employment Prohibited to Children Under Eighteen ..23,24 Employment of Women; Seats; Violation, Penalty .... Explosives, care, record and use of ...... ,. Handling Powder Magazine . .. Detonato ls Smoking Forbidden while carrying Storing Blasting Caps Transporting ...-...- -....- -D,' Storing in Tunnels ,.34,31-r Pou'der Must be Dated Exits: Ladders and Ladder'\r'ays ...... -.... .37,118 Only One Outlet at Surface 3?,38 Through Other Mines ,. ,.37,38 i;; o;"rl,is. t" Sri'?r." . 36,37 Inflammable Houses Prohibited ..34,35 Signboards .46 F Fire Equi pment and Tlaining of Fire Crerv Fire Figh ting Helmets Fire Protection of One Exit Mines First Aid Appliances, and Corps First Aid: Remedies ....-... Corps Flooding, Precautions against FIooding, Protection against \\Iater ...... -..-.....,.,

G Gasoline, I'rohibited Underground 50 General Safety Precautions ..-.. ., . ,,.., , ,..29,30 Glory Holes Guard Rails

H Helmets Hoisting Hoi

Overwinding Furnace Men Operation

Marking I ndicators Hours for Hoisting Engineers, and Furnace Men: I)enalty .-.... Hours of Labor Per Day for Minels; Persons Liabl:: Penalty I Inflammable Materials Oil, Oily Waste ...... Gasoline Fuel Burning Engines or Locomotives ... Inspection, Order for ... Inspection of Mines, Pou'ers of Inspector -,, lnspections, Record of ...... Interfering with Equipment Forbidden ...., ,,..., Intoxicants Investigation of Accidents 8 L Ladderways, Ladders .14,75,44,45 i""ato.iei, bnu"g" R"";;; B;ih; i" Mi;;; ;;d certain works;'

M Maps of Under Ground Working ,.,.. .9 Men Working Above Other Men .-...... 46 Mine Inspector and Operation of Mines Article 2:, ...... -...... 5 Mining and Smelting Work, Electric Plants,- Declared Hazardous-.20 ,2\ Mineral in Place ...... 1 Mine Safety Rules .29 Mining Location Article 1 .l Missed Holes to .31 Monumonting ...... -.,.. .2 Monumenting Placer Claims .....-..... Motor Trains 1 N Notice of DanEelous Condition: Operators to Comply with Requirements; Mine to be Closed upon Failure --- I Notification to Inspector of Beginning or Suspension of Operations; Penalty for Failure .b,/ o Oilers...... 49 Oily Waste .50 Open Cuts .31 I'ugc Openings Th rough Other Mines 37,38,39 Openings to S u rfac 36,3? Operation of Hoist 4l Outlets -.,.,, ..36,37 Opelators to Comply with Iiequirements ....--,-. 7 0r'der for Inspection ...... 19,20 Outlets, Shafts, \\Iinzes and Ladderways ...... 14,15,16 P Penalty for Failure, Notification to Inspector of Beginning or Susponsion Penalty, Violation 6,7 Pou'er of Inspector 6 Plecautions against Flooding 16,1 7 Pulmotor .- a,)

Qualilications, Deputies l=: Qualifications of Mine I nspector, Duties, Deputies, Salary R Iiaises ...... -.....-...... Iiecording Annual Assessment \Vork Record of Inspecto l' _.-....----- 8 Recording Notice . Ilelocation , Reports to be Kept Secret, Dismissal for \riolation (; s Safegualds against OverwindinE 1 Salary, Mine Inspector Sanitation Seal .,...,, Shafts. Shafts, Escapement Men Working in Shafts ...... ".....,. Bulkheads Sinking, Hoist Ladderways Ladders Guard Rails and Chains ...... Men Working above Other Men Signal Code Signals .,.. Stretchels s;ffi;l;;;y o"..ripii",i ui"i"g Cl"l;. ,) "t "r T Terms Define, Extent of Application ..,- Timber Trolley Wires . i*o dpu,liner t" Sr.rr"" Tunnel as Location \\Iork Ji Undel Glound Workings, Maps ...... - (Trrdelgrounrl Precautions

Ventilation .. Vi sitors Violations, Penalty ...... tv \Vhat May Be Applied as Annual Work ...... , Whims .... . \\'irrzes, and Raises \Vorking Alone Forbidden