Dangerous machinery.-18. All machinery about mines from which any accidents are liable to occur shall be fenced off by suitable guards or rails. Fire.-19. All oil waste, candles, etc., should be stored at a safe distance from the boiler-house, engine-room and shafthouse, and a quantity of water should be stored at such place to guard against fire. All shafthouses should have ample fire protection, and the appliances should be kept in condition for instant use. All mining plants using steam should have a hose attached to the injector or feed pipe for use in case of fire.

Storing explosives.-20. All explosives should be stored in a magazine provided for that purpose, and located far enough from the working-shaft, slope or tunnel, boiler-house or engine-room, so that in case the whole quantity should be exploded, there would be no danger. All explosives in excess of what are needed for one shift should be kept in the magazine. Such maga

zine should be fireproof, and so constructed that a modern rifle or pistol bullet can not penetrate it. A suitable place for thawing powder should be provided for each mine and quarry and kept in condition for use. The hot water or steam bath device should be used. Never use dry heat. A recepta

cle for carrying explosives should be provided. Exploders and powder should not be kept in the same room. A suitable place separated from mine boilers or engine-room should be provided for preparing charges. One man should have full charge of the magazine.

See further the special rules for handling dynamite.

Blasting.-21. All blasting should be done by one man and his helper, designated by the superintendent for that purpose. After blasting no miners or other persons should be allowed in that part of the mine until the blaster has made a personal examination of the same and pronounced "all over." If a blast misses fire, no miner or other person except the blaster and his helper should be allowed in that part of the mine less than three hours thereand pronounced all safe." No person shall use or handle any explosives who is addicted to the use of intoxicants. All tamping of high explosives should be done with a wooden bar. Timely and sufficient warning should be given when a blast is about to be fired.

Special Rules for Storing, Keeping, Moving, Thawing, Charging and Firing Dynamite.

SEE LABOR LAW, SECTION 125.

1. Storing and keeping.-Dynamite should be stored in a building separate and isolated from other buildings and from traffic. Caps and electric exploders and fuses must not, under any circumstances, be stored in the same building with the powder. They should always be kept apart until needed for preparing the charge.

2. Moving. Dynamite may be hauled in wagons, railway trains, mine cars or similar vehicles, the greatest care being exercised that percussion caps, exploders, fulminators, friction matches or any other article of like nature be not loaded in the same wagon, car or vehicle.

3. Thawing powder. All nitro-glycerine compounds freeze and become hard at about 42 degrees Fahrenheit. In this condition they will not readily explode. When large quantities of powder are to be used, a separate building for thawing powder should be fitted with a small steam radiator. Use only

exhaust steam for heating it, if possible keeping the temperature of the room at about 80 degrees Fahrenheit. In the part of the room at the greatest distance from the radiator, place the powder on racks to thaw. When but small quantities are required to be thawed, a thawing kettle may be used, being two water-tight kettles, one smaller than the other (one placed inside the other), the cartridges to be placed in the smaller kettle, and space between the two kettles filled with hot water of from 120 to 130 degrees Fahrenheit, the kettle being fitted with a cover to retain the heat. Under no circumstances, however, should the kettle be placed over the fire to heat. When more hot water is required, empty out the cold water and fill again with hot water. Under no circumstances should an attempt be made to thaw the powder by placing it in hot water or exposing it to the direct action of steam.

4. Precautions.-Powder must never under any conditions be placed on hot steam pipes, or steam boilers, nor on, in or near a hot stove, nor on any hot metal. Do not expose it to radiated heat from a fire or hot stove. Keep it away from a blacksmith's forge or shop. Never roast, toast or bake it in any way.

5. Preparing the charge.-Cut a piece of safety fuse to the right length and carefully insert the fresh cut end in a blasting cap. See that the cap is free from any particle of sawdust before inserting the fuse. Press the fuse gently into the cap as far as it will go. Crimp the open end of the cap tightly around the fuse with a pair of cap-nippers, but under no condition disturb the fulminate or filling in the cap. Then open one end of the cartridge carefully, and with a sharpened lead pencil or pointed wooden stick, make a hole in the powder, insert the capped end of the fuse, being careful to see that at least one-fourth of an inch of the cap remains out of the powder. Then draw the paper closely about the fuse and tie in with a strong cord.

Never allow smoking or fire of any description near the powder, nor leave any loose caps or fuse in the vicinity of the powder.

6. Charging the drill-hole. Having prepared the cartridge as above described (being sure that none of the cartridges are frozen) push the cartridges to the bottom of the drilled hole with a wooden stick, putting the cartridge which contains the capped end of the fuse on top. Don't attempt to press the cartridges down too firmly, as in so doing the cap may become disarranged, thereby causing a misfire.

7. Tamping. Having placed the required quantity of powder in the hole, cover the charge with six or eight inches of loose tamping, press it down firmly with a wooden stick, after which the hole may be tamped to the top, ramming the tamping down hard. Under no conditions use an iron or metal bar. Wood is all that is required.

8. Misfire. In case of misfires, no attempt must be made to remove the tamping or draw the charge; a new hole should be drilled in every case.

Special Rules for the Daily Guidance of Employees.

1. No employee shall ride on any loaded skip, car, cage or bucket nor walk up or down any slope, or shaft, while any skip, car, cage or bucket is above. 2. The pit boss shall carefully examine the hanging wall of all slopes, levels and working chambers daily.

3. Machine runners shall carefully examine and sound hanging wall at face working, and remove all loose rock or ore before proceeding to drill.

4. No employees shall handle any explosives or do any blasting except the person or persons designated for that special purpose by the superintendent. 5. After blasting no person except the blaster or blasters shall be allowed in the part of the mine where such blast has been fired, until the blaster has made a personal examination of the same, and pronounced all safe.

6. No iron or steel bar, unless tipped with six inches of copper or other soft metal, shall be used for tamping any explosive. When tamping dynamite, or other high explosives, wood must be used in all cases.

7. The mine superintendent or person designated by him shall examine daily all mining appliances and see that they are in safe condition.

8. Whenever a shot misses fire no person shall be allowed to return to that part of the mine in less than three hours, unless and until the blaster after a personal examination shall pronounce all safe.

9. No person addicted to the use of intoxicating drink shall have charge of any explosives, boiler, engine or hoist, nor shall any person be allowed in any part of the mine while under the influence of liquor.

AN ACT to amend the penal code, relative to violations of provisions of the labor law.

Section 1. Sections three hundred and eighty-four-b and four hundred and forty-seven-a of the penal code are hereby amended to read as follows:

§ 384b. Unlawful dealing in convict-made goods.-A person who

1. Sells or exposes for sale convict-made goods, wares or merchandise, without a license therefor, or having such license does not transmit to the secretary of state the statement required by article four of the labor law; or 2. Sells, offers for sale, or has in his possession for sale any such convictmade goods, wares or merchandise without the brand, mark or label required by article four of the labor law; or

3. Removes or defaces or in any way alters such brand, mark or label, is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not more than one thousand nor less than one hundred dollars, or by imprisonment for not less than ten days or by both such fine and imprisonment.

An act requiring the branding of convict-made goods of other states is unconstitutional (People v. Hawkins, 157 N. Y. 1, October, 1898). Cf. notes to sections 50-55 of the Labor Law, ante.

§ 447a. Negligently furnishing insecure scaffolding.-A person or corporation employing or directing another to do or perform any labor in the erection, repairing, altering or painting, any house, building or structure within this state, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe, unsuitable or improper scaffolding, hoists, stays, ladders or other mechanical contrivances; or who hinders or obstructs any officer detailed to inspect the same, destroys or defaces any notice posted thereon, or permits the use thereof after the same has been declared unsafe by such officer contrary to the provisions of article one of the labor law, is guilty of a misdemeanor.

Cf. sections 18 and 19 of the Labor Law, ante.

Section 2. The penal code is hereby amended by inserting at the end of title twelve the following new section:

§ 447c. Neglect to complete or plank floors of buildings constructed in cities. -A person, constructing a building in a city, as owner or contractor, who violates the provisions of article one of the labor law, relating to the completing or laying of floors, or the planking of such floors or tiers of beams as the work of construction progresses, is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine for each offense of not less than twenty-five nor more than two hundred dollars.

Cf. sec. 20 of the Labor Law, ante.

Section 3. The penal code is hereby amended by inserting at the end of title eleven the following new sections:

§ 384f. Failure to furnish statistics to commissioner of labor statistics.*— Any person who refuses, when requested by the commissioner of labor statistics,*

1. To admit him or a person authorized by him to a mine, factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment; or,

2. To furnish him with information relative to his duties which may be in such person's possession or under his control; or,

3. To answer questions put by such commissioner in a circular or otherwise, or shall knowingly answer such questions untruthfully, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than fifty nor more than two hundred dollars.

Cf. sec. 32 of the Labor Law, ante.

§ 384g. Refusal to admit inspector to mines and quarries; failure to comply with requirements of inspector.-A person,

1. Refusing to admit the factory inspector,* or any person authorized by him, to a mine or quarry, for the purpose of examination and inspection.

2. Neglecting or refusing to comply with the provisions of article nine of the labor law upon written notice of the factory inspector,* is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thirty days.

Cf. sections 120-129 of the Labor Law, ante.

§ 384h. Hours of labor to be required. Any person or corporation, 1. Who, contracting with the state or a municipal corporation, shall require more than eight hours work for a day's labor; or

* Superseded by the Commissioner of Labor (L. 1901, ch. 9, § 2, ante).

2. Who shall require more than ten hours labor, including one-half hour for dinner, to be performed within twelve consecutive hours, by the employees of a street surface and elevated railway owned or operated by corporations whose main line of travel or routes lie principally within the corporate limits of cities of more than one hundred thousand inhabitants; or,

3. Who shall require the employees of a corporation owning or operating a brickyard to work more than ten hours in any one day or to commence work before seven o'clock in the morning, unless by agreement between employer and employee; or,

4. Who shall require the employees of a corporation operating a line of railroad of thirty miles in length or over, in whole or in part within this state to work contrary to the requirements of article one of the labor law, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each offense. If any contractor with the state or a municipal corporation shall require more than eight hours for a day's labor, upon conviction therefor in addition to such fine, the contract shall be forfeited at the option of the municipal corporation.

Subdivision 1 of this section was held unconstitutional, in April, 1903, so far as it pertains to municipal corporations (People v. Orange County Road Construction Co., 175 N. Y. 84). Cf. sections 3-4 of the Labor Law and notes thereto, ante.

§ 3841. Payment of wages.-A corporation or joint stock association or a person carrying on the business thereof, by lease or otherwise, who does not pay the wages of its employees in cash, weekly or monthly as provided in article one of the labor law, is guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than twenty-five nor more than fifty dollars for each offense.

See sections 9 and 10 of the Labor Law, ante.

§ 384j. Failure to furnish seats for female employees. Any person employing females in a factory or mercantile establishment who does not provide and maintain suitable seats for the use of such employees and permit the use thereof by such employees to such an extent as may be reasonable for the preservation of their health, is guilty of a misdemeanor.

See sections 17 and 170 of the Labor Law, ante.

§ 384k. No fees to be charged for services rendered by free public employment bureaus.-A person connected with or employed in a free public employment bureau, who shall charge or receive, directly or indirectly, any fee or compensation from any person applying to such bureau for help or employment, is guilty of a misdemeanor.

See section 40 of the Labor Law, ante.

§ 348-1. Violations of provisions of labor law. Any person who violates or does not comply with:

1. The provisions of article six of the labor law, relating to factories;

2. The provisions of article seven of the labor law, relating to the manufacture of articles in tenements;

3. The provisions of article eight of the labor law, relating to bakeries and confectionery establishments, the employment of labor and the manufacture of flour or meal food products therein;